20241108_ADI Response_65-01

Martin Morgan Crutchfield
Marietta Environmental Engineer
November 7, 2024 RECEIVED
NOV 08 2024
Mr.Adam Parr,State Mining Specialist QEMLR
Land Quality Section
NC DEQ Division of Energy, Mineral, and Land Resources
512 N.Salisbury St,5 h Floor
Raleigh, INC 27604
SUBJECT: Martin Marietta Materials, Inc.—Castle Hayne Quarry
Mining Permit No. 65-01
Response to October 25,2024, Request for Additional Information
Dear Mr. Parr:
1. The clarification pond has been labeled on the mine map.
2. There are no offsite wells.
3/4. Martin Marietta (MM)is providing an approved JD for the majority of the area in question. We
are currently working with the US Army Corps of Engineers (USACE) on the rest of this area,and
they are aware of our plans.
The 2023 Appropriations Act(Session Law 2023-134, House Bill 259)states that DEQ cannot refuse
to issue a mine permit amendment that complies with the applicable requirements based on the
need for a permit from a different agency,such as USACE. As such,each individual agency is
responsible for reviewing an application for compliance with the regulatory regime it is tasked with
enforcing. There is nothing in the Mining Act of 1971 or its implementing regulations that requires
DEQ to withhold the pending amendment subject to MM's consultation with USACE. The 2023 Act
makes clear that DEQ cannot withhold a mine permit subject to the issuance of a 404 permit from
USACE(assuming one is required),just as USACE cannot withhold a 404 permit subject to DEQ's
issuance of a mine permit.
MM will confer with USACE regarding the necessary authorization. If a 404 permit is required, MM
also must obtain a 401 certification from DWR. MM recognizes that other permits obtained in the
future,such as a 404 permit, if required, could limit the activities proposed in the pending
application,or require MM to request a further amendment of the permit.
If you have any questions, please contact me at(980)403-8576 or via email at
[e-mail].
Sincerely,
rL/N
Morgan Crutchfield
Environmental Engineer

DEPARTMENT OF THE ARMY
U.S.ARMY CORPS OF ENGINEERS,WILMINGTON DISTRICT
WILMINGTON REGULATORY OFFICE
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403
October 24, 2024
Regulatory Program/Division
Sent Via Email: [e-mail]
Ronald Kopplin
Martin Marietta
2235 Gateway Access Point
Raleigh, NC 27607
Dear Mr./Ms. Kopplin:
This letter is in response to your request to the Wilmington District, Wilmington
Regulatory Field Office for an approved jurisdictional determination. The project/review
area is located at Latitude 34.378680 and Longitude -77.820710; in Castle Hayne, New
Hanover County, North Carolina. The review area for this determination is limited to an
approximately 628 acre(s) area which is illustrated on the enclosed site maps. This
request has been assigned the file number SAW 2024-01264 (Martin Marietta). This file
number should be referenced in all correspondence concerning this project.
Based on our review of the information you furnished, a site inspection conducted on
August 22, 2024, and other information available to our office, we have determined the
above-referenced area contains +/-400 acre(s) of waters of the United States under
U.S. Army Corps of Engineers (Corps) regulatory jurisdiction. These waters are
identified in the enclosed site maps, Jurisdictional Features Map dated October 1, 2024.
This determination was made in accordance with the Corps regulatory authority
pursuant to Section 404 of the Clean Water Act, and based upon criteria contained in
the 1987 Corps of Engineers Wetland Delineation Manual and the Atlantic and Gulf
Coastal Plain regional supplement. This determination is valid for a period of five years
from the date of the letter, unless new information warrants revision of the determination
before the expiration date or a District Engineer has identified, after public notice and
comment, that specific geographic areas with rapidly changing environmental conditions
merit re-verification on a more frequent basis.
This letter contains an approved jurisdictional determination for your subject site. If
you object to this determination, you may request an administrative appeal under Corps
regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the Division Appeals Officer at
the address listed on the RFA form. In order for an RFA to be accepted by the Corps,
the Corps must determine that it is complete, that it meets the criteria for appeal under

33 CFR part 331.5, and that it has been received by the Division Office within 60 days
of the date of the NAP. Should you decide to submit an RFA form, it must be received
by the Corps by December 23, 2024. It is not necessary to submit an RFA form to
the Division Office if you do not object to the determination in this
correspondence.
Section 404 of the Clean Water Act requires a Department of the Army (DA) permit
be obtained prior to the discharge of dredged or fill material into waters of the United
States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 requires a
DA permit be obtained for any work in, on, over or under navigable waters of the United
States.
This determination has been conducted to identify the limits of Corps' Clean Water
Act jurisdiction for the review area identified in this request. The determination may not
be valid for the wetland conservation provisions of the Food Security Act of 1985. If you
or your tenant are USDA Program participants, or anticipate participation in USDA
programs, you should request a certified wetland determination from the local office of
the Natural Resources Conservation Service, prior to starting work.
You are cautioned that work performed below the mean high-water line or ordinary
high water line in waters of the United States; and/or, the discharge of dredged or fill
material into any areas identified on the enclosed information as within Federal
jurisdiction, without a Department of the Army permit could subject you to enforcement
action. Receipt of a permit from a state or local municipality does not obviate the
requirement for obtaining a Department of the Army permit.
If you have any questions concerning this correspondence, please contact Brad
Shaver, Project Manager of the Wilmington Regulatory Field Office at 910-251-46111 by
mail at the above address, or by email at [e-mail]. Please take a
moment to complete our customer satisfaction survey located at
https:Hregulatory.ops.usace.army.mil/customer-service-survey/.
Sincerely,
Brad Digitally signed by
Brad Shaver
Shaver Date:2024.10.25
07:19:16-04'00'
Brad Shaver
Project Manager
Enclosures
cc: Jason Hartshorn, Kimley-Horn (via [e-mail])
Thomas Brown, Martin Marietta ([e-mail])

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NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Ronald Kopplin, Martin Marietta File Number: SAW-2024-01264 Date: 10/24/2024
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A
❑ PROFFERED PERMIT(Standard Permit or Letter of permission) B
❑ PERMIT DENIAL WITHOUT PREJUDICE C
❑ PERMIT DENIAL WITH PREJUDICE D
® APPROVED JURISDICTIONAL DETERMINATION E
❑ PRELIMINARY JURISDICTIONAL DETERMINATION F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.mil/Missions/Civil-Works/Reaulatorv-
Prooram-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the
district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the
LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP
means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its
terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit(Standard or LOP) because of certain terms and conditions therein,
you may request that the permit be modified accordingly. You must complete Section II of this form and
return the form to the district engineer. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to
address some of your objections, or(c) not modify the permit having determined that the permit should
be issued as previously written. After evaluating your objections, the district engineer will send you a
proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the
district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the
LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP
means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its
terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit(Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This
form must be received by the division engineer within 60 days of the date of this notice.
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C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local authorization
and/or certification has been denied for activities which also require a Department of the Army permit before
final action has been taken on the Army permit application. The permit denial without prejudice is not
appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit
application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a
previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial
You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps
within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive
all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Engineers Administrative Appeal Process by completing Section II of this form and sending the form to
the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that justifies
reconsideration of the approved JD. A reconsideration request does not initiate the appeal process.You
may submit a request for appeal to the division engineer to preserve your appeal rights while the district
is determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not
appealable. If you wish,you may request an approved JD(which may be appealed), by contacting the
Corps district for further instruction. Also,you may provide new information for further consideration by the
Corps to reevaluate the JD.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you If you have questions regarding the appeal process, or
may contact: to submit your request for appeal, you may contact:
District Engineer, Wilmington Regulatory Division Krista Sabin
Attn: Brad Shaver Regulatory Administrative Appeal Review Officer
Wilmington District U.S.Army Corps of Engineers U.S.Army Corps of Engineers
69 Darlington Ave South Atlantic
Wilmington, NC 28403 60 Forsyth Street SW Room 9M 15
Atlanta, Georgia 30303-8801
Phone: [phone]
Email: Krista.D.Sabin usace.arm .mil
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SECTION II—REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. You
may attach additional information to this form to clarify where your reasons or objections are addressed in
the administrative record.)
ADDITIONAL INFORMATION:The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the
Corps may add new information or analyses to the record. However, you may provide additional information
to clarify the location of information that is already in the administrative record.
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants,to conduct investigations of the project site during the course of the appeal
process. You will be provided a 15-day notice of any site investigation and will have the opportunity to
participate in all site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent: Telephone number:
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