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20210709_App_Sup_92-13
ROY COOPER Governor t:$ Water Resources ENVIRONMENTAL QUALITY September 27, 2017 Jack Garvey 2101 Gateway Centre Blvd., Suite 100 Morrisville, NC 27560 MICHAEL S. REGAN Se etary S. JAY ZIMMERMAN Director Subject: Surface Water Determination Letter CfFRRO #17-264 Wake County Determination Type: I Buffer I Intermittent/Perennial I ❑ Neuse (15A NCAC 2B .0233) El Tar -Pamlico (15A NCAC 2B .0259) Elintermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) ® Cape Fear/Holly Springs (governmental and/or interjurisdictional projects) Project Name: Hanson Holly Springs Quarry Address/Location: 7000 Cass Holt Road Holly Springs Stream(s): Jim Branch Determination Date: September 21, 2017 Staff: Gary Kreiser Stream E/I/P* Start@ Stop@ Sol] Survey USGS Topo A P Entire len th of property X X B P 35.599744;-78.890364 Off property X B1 I Off property 35.599744;-78.890364 X C P 35.599668;-78.885798 Confluence with Retention Pond #2 X D Not present X E I 35.599495;-78.889360 Confluence with stream B X Retention Pond #2 P Inline pond created from stream A X X Retention Pond #3 P Inline pond created from stream A X X *E/I/P = Ephemeral/Intermittent/Perennial Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wy/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 IV Hanson Holly Springs Quarry r Wake County September 27, 2017 Page 2 of 2 Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. There may be other streams located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins; DWR — 401 & Buffer Permitting Unit, 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedBx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street, Raleigh, NC27604. This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding th' determination, please feel free to contact Gary Kreiser at (919)791-4241. f 'xwv Danny SmitY Supervisor, Water Quality Regional Operations Center cc: RRO DWR File Copy Bob Zarzecki, S&EC, (via email) bzarzccki0.sandec.com 17-264: Hanson Holly Springs Quarry WsE WW2 / p j I CrB2 i +CrC2 Retention Pond 9-4 k P ' CBCZ Retention Pond QC2. Ce62 aye W, 2 - C F - J Ce �11C2iRC2 t CeD Ce r CeB2 '' ,. �. , �„ STgi[y Map provided by NCDEQ Legend: aY Division of Water Resources W -Approximate Site boundary: O Locations are approximate and are provided for ref- erence only:: I Aluo aouaia -jai JOJ papinad aje pue " c Q :tispunoq ax g alewlxojtlde aye suopeool:: saomosay jaleM jo uolsinl0 030DN Aq papinad deLN �Y(yyg •° I J 113 Q 3 Z# Puod uouuaIaa Ilk T j 7 E# Puod uoyua;a'd OH OW- 1 rr1 Anent) sguiadS AIIoH uosueH :b9Z-LT �l ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Hanson Aggregates Southeast, LLC Attn: Jack Garvey 3825 Barrett Drive, Suite 300 Raleigh, NC 27609 Larue M. & Lisa Powell 7036 Rouse Road Holly Springs, NC 27540 Determination Type: NORTH CAROLINA Environmental Quality November13,2019 Subject: Buffer Determination Letter NBRRO #19-342 Wake County Buffer I Intermittent/Perennial ❑ Neuse (I SA NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ® Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (I SA NCAC 2B .0267) (governmental ® Cape Fear/Holly Springs and/or interjurisdictional projects) Project Name: Hanson Holly Springs Quarry Address! Location: 6312, 6212, & 6120 Rex Road, Holly Springs, NC Stream(s): Jim Branch Determination Date: November 5, 2019 Staff: Stephanie Goss Q�� Noah Carolina Department of Environmental Quality I Division of Water Resources; Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center, Raleigh. North Carolina 27699 1628 919.791.4200 Hanson Aggregates Southeast, LLC Wake County November 13, 2019 Page 2 of 3 Feature E/ Wn Not Subject(') Subject Start C Stop Soil Survey USGS To o I X DWR Flag S10 DWR Flag S08 X X Jim Branch P X DWR Flag S08 Off Property X X A P X Throughout proper} boundary X X B 1 X Off Property Flows into A X C P X Throughout property boundary X D P X I Off Property Flows into C X E 1 X DWR SO Flag Flows into F X F 1 X DWR Flag S03 Flows into Jim Br. X G I/P X Off Property Flows into A X I X Off Property DWR Flag S07 X H P X DWR Flag S07 Flows into Jim Br. X I NP X X (1) E = Ephemeral, 1 = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. Explanation: The streams)/pond(s) listed above has been located on the most recent published NRCS Soil Survey of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale. Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked "Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer rules. There may be other streams located on the property that are not depicted on the maps referenced above and are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to all other applicable North Carolina stream standards and permitting requirements as outlined in I SA NCAC 02B, and may be considered jurisdictional according to the US Army Corps of Engineers. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. lfsending via US Postal Service: c/o Karen Higgins, DJiR — 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. If sending via delivery service (UPS, Fed Ex, etc.): Karen Higgins, DJVR — 401 & Buffer Permitting Unit: S12 N. Salisbury Street, Raleigh, NC27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-5544884. �D E North Carolina Department of Envvonmental Quality Division of Water Resources i Raleigh Regional Office 3800 Barrett Drive 1628 Mail Service Center I Raleigh. North Carolina 276991628 919.791.4200 Hanson Aggregates Southeast, LLC Wake County November 13, 2019 Page 3 of 3 If you have questions regarding this determination, please feel free to contact Stephanie Goss at (919) 7914256. Sincerely, FJjiSerman, P.G., Chief Water Quality Regional Operations Section cc: RRO DWR File Copy Bob Zarzecki via e-mail at bzarzecki(a.sandcc.com North Carolina Department of Ewronmental Quality DrviSon W Water Resources! Raleigh Regional Office 3800 Barrett Drive 1628 Mail Service Center ; Raleigh, North Carolina 27699-1628 919.791.4200 19-342: Hanson Holly Springs c M Mg8 Mfl Ak H: Subject "� CrB2 C rI=�._.. --_ Jim Branch: Subject I: Not Subject Crr i �i 0 _ Ge � C rE B: Subject r1 %— 'V CrC2 ! Jim Branch' Subject �._ r,/7 / / _ E�-'�-•ice,.. b .. n t `- L CRC CrE G: Subject / I\WsE C: Subject Cm / .a rf-. CrC2Citz r +�D: Subject 1, � -�.. Sf••rE A: Subject A: Subject N ���•� _�'" F. Subject (--' CeD E: Subject c►B? CrG2,._—= ,_ CeC ` '� CeC2 CeB2 s GrC2 a CeC2 rE A SC2 ... __. ---- f1 r odFo Map provided by NCDEQ Legend: Division of Water Resources -Approximate Site boundary: O Locations are approximate and are provided for -1970 Wake Co. Soil Survey Sheets 89 8 96 reference only:: a��. - _ q�j c n w O O a, _ _ _ _ _ ��� �` ��• •tom tko cn 77��U��-M3N N 6 a,018 12�ra'� I (-0�c�5(rb�nc� Bob Zarzecki ILL5Pk-V- 53 ["LC J a,,-44a r15crJ From: Lastinger, James C CIV USARMY CESAW (US) <James.C.Lastinger@usace.army.mil> Sent: Tuesday, May 1, 2018 7:51 AM To: Bob Zarzecki Subject: RE: HANSON Holly Springs Quarry - PJD Request If they are part of the NPDES system they would be non jurisidcitonal James Lastinger Regulatory Project Manager Raleigh Regulatory Field Office US Army Corps of Engineers, Wilmington District ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Tel: (919)554-4884,x32 Cell: (919) 428-0806 Fax: (919) 562-0421 -----Original Message ----- From: Bob Zarzecki [mailto:bzarzecki@sandec.com] Sent: Monday, April 30, 2018 10:00 AM To: Lastinger, James C CIV USARMY CESAW (US) <James.C.Lastinger@usace.army.mil> Cc: 'Garvey, Jack H (Morrisville) USA (Jack.Garvey@lehighhanson.com)' <Jack.Garvey@lehighhanson.com> Subject: [Non-DoD Source] RE: HANSON Holly Springs Quarry - PJD Request James: Just following up on this question from Hanson below. Bob Zarzecki Wetlands Department Manager Soil & Environmental Consultants, PA -----Original Message ----- From: Bob Zarzecki Sent: Monday, April 9, 2018 11:29 AM To: 'Lastinger, James C CIV USARMY CESAW (US)' <James.C.Lastinger@usace.army.mil> Cc: 'Garvey, Jack H (Morrisville) USA (Jack.Garvey@lehighhanson.com)' <Jack.Garvey@lehighhanson.com> Subject: RE: HANSON Holly Springs Quarry - PJD Request James: Jack Garvey questioned whether the stream and wetlands between "Retention Pond#2" and "Detention Pond#3" and the stream and wetlands at the top of "Retention Pond#2" (excluding the tributary stream and wetland flowing from the south) shouldn't also be considered non -jurisdictional as they consider them part of the NPDES system. He referred me back to the 1987 plan which showed one long pond throughout this area, which he said was later changed to two ponds. The attached 1993 Aerial photo seems to back this up. I labeled the location of the two ponds and circled the areas in question in yellow. You can see where they developed (cleared, graded, etc.) the ponds and conveyances throughout this area. Jack is very happy with the calls you made so far and doesn't want to push it, but just felt compelled to ask this question on behalf of Hanson. It seems to be a valid question if these areas are part of the NPDES system. What say you? Bob Zarzecki Wetlands Department Manager Soil & Environmental Consultants, PA -----Original Message ----- From: Bob Zarzecki Sent: Thursday, March 29, 2018 1:34 PM To: Lastinger, James C CIV USARMY CESAW (US) <James.C.Lastinger@usace.army. miI> Subject: RE: HANSON Holly Springs Quarry - PJD Request Thanks James. I'll pass it along. Unfortunately I suspect they'll still need to impact the stream and wetlands between the two ponds such that it triggers an IP, so at the end of the day for this project it may just be a paper exercise. But, it's good to know all the same. Thanks again. Bob Zarzecki Wetlands Department Manager Soil & Environmental Consultants, PA -----Original Message ----- From: Lastinger, James C CIV USARMY CESAW (US) <James.C.Lastinger@usace.army.mil> Sent: Thursday, March 29, 2018 7:49 AM To: Bob Zarzecki <bzarzecki@sandec.com> Subject: RE: HANSON Holly Springs Quarry - PJD Request :.a After talking with some other regulators in the office and looking through the regulations, I am not going to regulate the retention ponds. This is based on 33 CFR part 328 which states "Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA (other than cooling ponds as defined in 40 CFR 123.11(m) which also meet the criteria of this definition) are not waters of the United States. I hope this helps. Please let me know if you have any other questions. James Lastinger Regulatory Project Manager Raleigh Regulatory Field Office US Army Corps of Engineers, Wilmington District ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Tel: (919) 554-4884, x32 Cell: (919) 428-0806 Fax: (919) 562-0421 a©al Fm4I1 (Irrev"p-ric-p- Garvey, Jack H (Raleigh) USA t.,LSA0-F-- 1 S,-f-c,o,.,ji4czr)5vki From: Bob Zarzecki <bzarzecki@sandec.com> Sent: Friday, July 2, 2021 3:14 PM To: Garvey, Jack H (Raleigh) USA Subject: RE: Wetland & Stream Impacts Jack: I heard back from James Lastinger. He said ... Since there are several changes that are being made, All of which I agree with, I would update the entire JD request to reflect the use of the NWPR. That way we have an updated request reflecting the changes under the new rule. This will ultimately be Lyle's project because it is in Holly Springs, so I am copying him on this email. James Lastinger Regulatory Project Manager Raleigh Regulatory Field Office US Army Corps of Engineers, Wilmington District ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Tel: (919) 554-4884, x32 Fax: (919) 562-0421 We're compiling the info into a single JD request to submit to him (or Lyle) for verification. I've given Lyle a heads up that we're most likely looking at an IP for this quarry before too long. I'll keep you posted. BOB ZARZECKI Wetlands Department Manager/Principal Soil & Environmental Consultants, PA From: Bob Zarzecki Sent: Thursday, July 1, 2021 1:05 PM To: Garvey, Jack H (Raleigh) USA <Jack.Garvey@lehighhanson.com> Subject: RE: Wetland & Stream Impacts Jack: Sorry for being out of touch. I'm still catching up on emails from my vacation. Yes, your approach sounds good. No we haven't gotten confirmation of the revised JD yet excluding Feature T". I'll follow up on that. BOB ZARZECKI 1 Wetlands Department Manager/Principal Soil & Environmental Consultants, PA From: Garvey, Jack H (Raleigh) USA <Jack.Garvev@lehiahhanson.com> Sent: Wednesday, June 30, 2021 10:19 AM To: Bob Zarzecki <bzarzecki@sandec.com> Subject: FW: Wetland & Stream Impacts :.. I plan sending the attached mine modification maps along with my application, wetland map, DWR stream calls, and James' email excluding the #1 & #2 retention ponds and associated wetlands and streams. For the Powell and Kinney tracts, we haven't heard anything regarding the Feature F exclusion as ephemeral channel and W13 < 0.10 acres exclusion. We will note that we will not conduct any filling until a determination has been finalized. Andrew P. Mericle, P.E. Senior Project Engineer Associate Draper Aden Associates Engineering • Surveying • Environmental Services Lasting Positive Impact"' Phone: 919.827.0864 • Mobile 804.240.1911 Web • Bloa • Facebook • Twitter • Linkedln leg From: Garvey, Jack H (Raleigh) USA <Jack.Garvev@lehishhanson.com> Sent: Wednesday, June 30, 20219:14 AM To: Andrew Mericle <americle@daa.com> Subject: Wetland & Stream Impacts Attention: Email sent from outside DAA. Need to add the following impacts to the map: - Wetland Area #1: 0.06 acres - Stream C: 0.02 acres, 171 In ft - Stream E: 0.03 acres, 328 In ft See page 1 of the attached survey. Jack Garvey Environmental Manager Hanson Aggregates Southeast, LLC 3825 Barrett Drive, Suite 300 Raleigh, NC 27609 Tel: 919 380 2746 Cell: 336 669 7565 Fax: 919 380 2616