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SHEETS
1- COVER
2. EXIISTING ONDITIONB
3. MINE MAP
A PLANT A STWIPILE PLAN
5 MINE PLAN
6 RECLAMATION PLAN
7. 8EDINIENTAMON & EROSION OONTROI PLAN
S. SEDIMENT BASIN OWING PLAN
B. HAUL ROAD PHASE
SEDIMENTATION AND
EROSION CONTROL
PLAN AND PROFILE
STATION 1+50.26+00
10 HAUL ROAD PHASE
SEDIMENTATION AND
ER06M O7tR9OL
PLAN AND PROBE
STATION 2B ♦00- 54 100
I I NALIL BOND PHASE I
SEDIMENTAWMA14D
EROSIOIr' CONTROL
PLAN AND PROFILE
STATION 54400• e5+e632
12 HAUL ROAD PHAA;,E 2
6EOINTENTARONAYD
EROSION CONTROL
PLAN AND PROFILE
STATION 1 I. ED- 204 00
13. HAUL ROAD PHASE
SEDIMENTATION AND
EROSION CONTROL
PLAN ANO PROFLE
STATION2B+OO GA+00
14 HAUL ROAD PHASE
SEDIMENTATIONAND
EROSION CONTROL
PLAN AND PROFILE
STATION SST s 00 - W I M 32
16. SEOIMENTAT10N d EROSION
OON7!ROIL 1LETAILS
10. SEDIMENTATION E ERDSIDN
CONIROL DETAILS
IT. SEDIMENTATION E4 F 10: I*N
CONTROL DETAILS
16. SEDIMENTATION I EROSION
CONTROL DETAIL S
10. SEDIMENTATION A EROSION
CONTROL DETAILS
20 COMPREHENSNE MINE. KkP
LITTLE RIVER QUARRY
LEE COUNTY
NOFrrH CAROLINA
VICINITY MAP
SITE
USGS TOPO
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OWNER a
LITTLE RIVER, LLC
P.O. (30)i 10D9
SANFORD. NC 27331
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SITE ADDRESS
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Little River LLC
709 Creswell Court
Whitsett, NC 27377
October 26, 2018
Ms. Judith A. Wehner
Assistant State Mining Specialist
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699
RE: Reclamation Bond Submittal and Corrections to Operating Condition No. 4C.
Proposed Little River Quarry
Lee County
Cape Fear River Basin
Dear Ms. Wehner:
RECEIVED
O C F 31 2018
LANPAINING PROGRAM
Little River LLC has reviewed the draft mining permit dated September 7, 2018 and deems its
terms and conditions acceptable. However, we request that several typographical errors be corrected
under Operating Condition No. 4.C. before the final mining permit is issued. The suggested corrections
are as follows:
"All mining activities associated with site preparation ... and supplemental information received
on September 4, 201S, June 10, 2016, November 23, 20182016, May 31, 2018, June 22, 2018, July 25,
2018, July 27, 2018, August 8, 2018 and August 24, 2018, 2048."
Per your request, Little River LLC has secured a reclamation bond in the amount of $647,500 to
cover the reclamation obligations at this proposed mine site. Bond No. 018-221-821 and its associated
Power of Attorney issued by Liberty Mutual Insurance Company is attached to this letter for your files.
Thank for your time and assistance during this mining permit application review process. We
look forward to receiving the mining permit in the near future. Please contact Mr. Tracy E. Davis, PE at
[phone] if you should have any questions or need additional information.
Sincerely,
� Sue Ellen %Harrington 4x+
Little River LLC
Attachment: Bond No. 018-221-821 and Power of Attorney issued by Liberty Mutual Insurance Co.

76-
MEMORANDUM
September 21, 2018
TO: Toby Vinson, Interim Director
Division of Energy, Mineral and Land Resources
THROUGH: David Miller, State Mining Engineer
Mining Program P_1_1�
FROM: Judy Wehner, Assistant State Mining Specialist q0)
Mining Program
RE: Mining Permit Application Review
Little River LLC
Proposed Little River Quarry
Lee County
Recommendations: The staff of the Division of Energy, Mineral and Land Resources as
completed its review of the above referenced application and recommends that it be approved
with certain conditions as provided for under G.S. 74-51. A draft permit document is attached
for your review and consideration.
RPViizim Prnrarbira• Then, ctnff hag r0%AM arrll the narrnit nnnlirM inn Whit-h %.Ia8 g11hm;++1=A nn
September 5, 2015 and all supplemental information filed subsequent to the initial application.
Furthermore, the NC Department of Cultural Resources -Division of Archives and History, the
Division of Water Resources, the Division of Air Quality and the staff of the NC Wildlife
Resources Commission and US Fish and Wildlife Services were also afforded the opportunity
to comment on the proposal.
In addition to the governmental agency input noted above, a public hearing was held on the
proposal on December 3, 2015 at the Lee County Courthouse #4 in Sanford. A summary of
the public comments was made by Dr. Kenneth Taylor, Hearing Officer. A copy is on file with
the Mining Program.
Findings: All of the information obtained to date was reviewed with respect to G.S. 74-51 (1-
7):

• 0
(1) "That any requirement of this Article or any rule promulgated hereunder will be
violated by the proposed operation;"
There is no evidence to suggest that the proposed operation will violate the Act
as there are approximately 150 crushed stone quarries presently under permit in
the State that comply with the requirements of the Act.
(2) "That the operation will have unduly adverse effects on potable groundwater
supplies, wildlife or fresh water, estuarine, or marine fisheries;"
A ground water monitoring plan has been submitted. A detailed erosion and
sediment control plan adequately addresses stormwater runoff from disturbed
areas. An NPDES permit has been applied for from the Stormwater Program. A
401 Certification has been obtained from the Division of Water Resources. See
Operatinq Condition Nos1, 3, 4 and 5.
(3) "That the operation will violate standards of air quality, surface water quality, or
groundwater quality that have been promulgated by the Department;"
Operating Conditions Nos. 1 and 2 of the draft permit require, respectively, that
the operation comply with state water and air quality regulations.
Tha C-,rniindwatP.r MnnnnPmPnt rP%/iPwPrl the nrnnngi=d nrnsindwntar mnnitnrinn
plan. The report recommended the placement and monitoring of observation
wells around the perimeter of the quarry excavation. The permit has been
conditioned to require monitoring for any impact the quarry dewatering may have
on water supplies in the vicinity of the operation. See Operating Condition No. 5.
The LQS has no documentation of a similar type operation in a similar rock
terrain ever causing a significant adverse impact on off -site wells.
(4) "That the operation will constitute a direct and substantial physical hazard to
public health and safety or to a neighboring dwelling house, school, church,
hospital, commercial or industrial building, public road or other public property,
excluding matters relating to use of a public road;"
Appropriate buffers are provided for in the site plans and are referenced in the
draft permit. In addition, a detailed blasting report has been submitted and
reviewed. The report indicates that blasting will not constitute a substantial
physical hazard to nearby structures. Specific blasting requirements have been
incorporated into Operating Condition No. 8 of the draft permit. Similar
conditions have been part of each mining permit issued for the operation of a
crushed stone quarry in the State.
(5) "That the operation will have a significantly adverse effect on the purposes of a
publicly owned park, forest or recreation area;"

Lee County Parks and Recreation was contacted by the applicant to confirm that
any parks within five miles should not be impacted.
(6) "That previous experience with similar operations indicates a substantial
possibility that the operation will result in substantial deposits of sediment in
stream beds or lakes, landslides, or acid water pollution;"
A detailed sediment and erosion control plan has been developed for this site
and should provide adequate protection to the surrounding environment.
Specific buffer zones, safety benches, and cut/fill slopes have been incorporated
into the draft permit to provide adequate protection against landslides at this site.
See Operating Condition Nos. 3, 6 and 9.
(7) That the applicant or any parent, subsidiary, or other affiliate of the applicant or
parent has not been in substantial compliance with this Article, rules adopted
under this Article, or other laws or rules of this State for the protection of the
environment or has not corrected all violations that the applicant or any parent,
subsidiary, or other affiliate of the applicant or parent may have committed under
this Article or rules adopted under this Article and that resulted in:
a. Revocation of a permit,
b. Forfeiture of part or all of a bond or other security,
C. Conviction of a misdemeanor under G.S. 74-64,
d. Any other court order issued under G.S. 74-64, or
e. Final assessment of a civil penalty under G.S. 74-64.
This is not applicable as the operator has no such prior mining violations in the
State.
Conclusions: There is no evidence to indicate that the proposed operation will violate any part
of G.S. 74-51 (1-7) as outlined and reviewed above.
Attach I I IeE ltJ
cc: Mr. Bill Denton, PE

•
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
W ILLIAM E. (TOBY) VINSON, JR,
Interim Director
Ms. Sue Ellen Harrington
Little River LLC
709 Creswell Court
Whitsett, North Carolina 27377
i\iOR 1 H CAROLINA
Environmental Quallty
September 7, 2018
Re: Little River Quarry (Draft Permit)
Lee County
Cape Fear River Basin
Dear Ms. Harrington:
Your application for a mining permit for the above referenced mine site has been
reviewed but not yet approved. Enclosed is a. draft of the mining permit proposed by the
Department. The conditions in the draft permit were based primarily upon information
supplied in your application. Other necessary conditions may have been added to ensure
compliance with The Mining Act of 1971.
The reclamation bond has been calculated for this site using the information submitted
on the revised mine map (see enclosed worksheet). The bond amount for this site is
$647,500.00. The bond is required before the permit can be issued. For your convenience,
have enclosed a bond form, an assignment of a savings account form and an irrevocable
standby letter of credit form. The name on the security form must be the same as the name
appearing on the enclosed draft permit, i.e., Little River LLC. In addition to one of these
alternatives you may, upon request, substitute a cash deposit.
Please review the enclosed draft permit and the reclamation bond worksheet. Contact
this office should you have any objections or questions concerning the permit conditions. G.S.
74-51 provides that the operator has sixty (60) days following the mailing of a notice of the
required bond in which to file the required surety.
The permit cannot be issued until the required security has been received. No mining
may be conducted until the permit is issued. G.S. 74-65 states that the issuance of a mining
permit does not supersede or otherwise affect or prevent the enforcement of any zoning
regulation or ordinance duly adopted by an incorporated city or county or by any agency or
department of the State of North Carolina.
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
5R North Salisbury Street 1 1612 Mail Service Center I Ralelgh. North Carolina 27699-1612
919.707.9200

Ms. Harrington
Page Two
Please contact Judy Wehner, Assistant State Mining Specialist, at [phone] if
you have any questions.
Since ly, `�
�r
David Miller, PE
State Mining Engineer
DMljw
Enclosures
cc: Mr. Bill Denton, PE

i 0
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Little River LLC
Little River Quarry
Lee County - Permit No. *
for the operation of a
Crushed Stone Quarry
Vrhi: I'h jhQll F1 Vide that the usefulness, productivity and stcenlc Vail.— -
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.

Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environmental Quality hereinafter referred to as the Department, and in
conformity with the approved Reclamation Plan attached to and incorporated as part of this
permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
►Nherever uciCd yr rcfcrrcd to In oils permit, UIIIeJs the context clearly indicates, otIICIYYIsC,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
This permit is valid for the life of the site or life of lease, if applicable, as defined by Session
Law 2017-209 and has no expiration date. However, all provisions of GS 74-51 and GS 74-52
still apply for new, transferred and modified mining permits.
Conditions
This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:

Page 3
OPERATING CONDITIONS:
Wastewater and Quarry Dewatering
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any storm water runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee`s responsibility to contact
the Stormwater Program to secure any necessary storm water permits or other
approval documents.
2. Air Quality and Dust Control
A. Any mining related process producing air contaminant emissions including
fugitive dust shall be subject to the requirements and rules promulgated by the
N.C. Environmental Management Commission and enforced by the Division of
Air Quality,
B. The Fugitive Dust Control Plan dated June 9, 2016 shall be followed.
C. The permanent access (plant entrance) road and emergency access road shall
be permanently stabilized. During processing operation, water trucks or other
meant that may ha nat-escanf shall he aitilized fn nrcavrant Hi ict from lanuinn fhn
permitted area.
3. Buffer Zones
A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
B. Sufficient buffer shall be maintained between any affected land and any
adjoining waterway or wetland to prevent sedimentation of that waterway or
wetland from erosion of the affected land and to preserve the integrity of the
natural watercourse or wetland.
C. All buffer zones shown on the Mine Maps sealed on July 25, 2018 shall be
maintained to protect adjoining property. These buffer zones, with the exception
of the installation of required sediment control measures and approved earthen
berms, shall remain undisturbed.
D. Water Quality General Certification No.4139 shall be followed.

Page 4
4. Erosion and Sediment Control
A. The operator shall notify the Raleigh Regional Office, Division of Energy, Mineral
and Land Resources, at least 48 hours prior to beginning any of the initial land
disturbing activities indicated in the approved application for a mining permit and
any modifications to this permit thereafter.
B. Adequate mechanical barriers including, but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
C. All mining activities associated with site preparation and Phase 1 temporary
access road construction, including_ the installation and maintenance of all
erosion and sedimentation control measures, shall be conducted as indicated on
the Mine Maps, Sheets 3, 7 through 11 and 15 through 19 of 20 sealed July 25,
2018 and supplemental information received on September 4, 2015, June 10,
2016, November 23, 2018, May 31, 2018, June 22, 2018, July 25, 2018, July 27,
2018, August 8, 2018 and August 24, 2018, 2018.
D. A modification shall be submitted to and approved by the Division of Energy,
Mineral and Land Resources prior to initiating Phase 2 access road construction.
E. An erosion and sediment control plan(s) shall be submitted to the Department for
approval prior to any land disturbing activities not indicated on the revised
Prn¢Inn control nlan nr mina mnnc cWihmittnej With the nnnrn%rcrJ nnnliro#inn fora
�...... ...�.... aai.... u�..�rvr�.0 u�✓Nvuuvivu
mining permit and any approved revisions to it. Such areas include, but are not
limited to, expansion outside of the approved pit area, creek crossings, or
expansion of overburden or waste disposal areas.
5. Groundwater Protection
A. The observation wells denoted in the Groundwater Monitoring Plan for the
Proposed Little River Quarry dated June 6, 2016 shall be installed and monitored
at least 180 days prior to initiating any excavations of consolidated material
(rock) in the initial pit area to allow for the determination of pre-existing (static)
groundwater levels.
B. The observation wells shall be drilled wells cased into consolidated rock and
grouted to the surface. The wells (boreholes) shall be extended at least 50 feet
below static water level, or at least 50 feet into unweathered rock, whichever is
deeper. The wells shall be secured against unauthorized entry with a lockable
cap. The necessary permits or approvals to construct these wells shall be
obtained from the NC Division of Water Resources.

i O
Page 5
C. The observation wells shall be monitored monthly at the same day and
approximate time of day. The static water levels shall be measured with an
accuracy of plus or minus 0.1 foot and shall be referenced to a datum point and
a record of the water levels maintained. The quarterly precipitation and the
volume of pit water discharge shall also be recorded. Copies of these records
shall be maintained at the site and shall be provided to the Department upon
request. Static water level monitoring frequency may be increased or decreased
as deemed appropriate by the Department.
6. Graded Slopes and Fills
A. The angle for graded slopes and fills shall be no greater than the angle which
can be retained by vegetative cover or other adequate erosion control measure,
structure, or device. In any event, exposed slopes or any excavated channels,
the erosion of which may cause off -site damage because of siltation, shall be
planted or otherwise provided with groundcover, devices or structures sufficient
to restrain such erosion.
B. Overburden cut slopes along the perimeter of the quarry openinq shall be qraded
to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60
days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety
bench shall be provided at the top of the rock and at the toe of any overburden
slope.
7. Surface Drainage
The afferterl land shall ha nrarlart cn ac to nnmvant rnilartinn of nnnic of tnratar that nra
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Blasting
The operator shall monitor each blast with a seismograph located at a distance
no farther than the closest off site regularly.occupied structure not owned or
leased by the operator. A seisrrrUyrapin nc record including pears partrcre veiocary, air
overpressure, and vibration frequency levels shall be kept for each blast (except as
provided under Operating Condition Nos. 8B and 8D of this permit). The following
blasting conditions shall be observed by the mine operator to prevent hazard to persons
and adjacent property from surface blasting:
A. Ground Vibration with Monitoring:
In all blasting operations, the maximum peak particle velocity of any component
of ground motion shall not exceed Figure 1 (below) at the immediate location of
any regularly occupied building outside of the permitted area such as a dwelling
house, church, school, or public, commercial or institutional building.

•
0
Page 6
a
0
> 2.0
u
�C
1.0
d 0.9
0 0.7
� u,o
� Q.S
0.4
E 0-3
.K
0.2
0.1
I
10.0
2.0
1.5
1.0
0.9
0.11
0,6
0.5
OA
0.�
0.7
4 10 20 30 100
81ast Vibration Frequency, Hz
Figure 1 Altemative blasting level criteria
(Source modified from figure 8-1. Bureau of Mines R; 8F.Oi )
Ground Vibration Without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
W = (D/Ds)2 Ds = D
W1r2
V = 160(D5)-1.s
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
D = Distance from the blast site to the nearest inhabited buildin_l not owned or
leased by the mine operator (feet).

•
•
Page 7
D5 = Scaled distance factor.
V = Peak Particle Velocity (inches per second).
The peak particle velocity of any component shall not exceed 1.0 inch per
second, for the purposes of this Section.
C. Air Blast with Monitoring:
Air blast overpressure resulting from surface blasting shall not exceed 129
decibels linear (dBL) as measured at the immediate location of any regularly
occupied building not owned or leased by the operator outside of the permitted
area such as a dwelling house, church, school, or public, commercial or
institutional building, unless an alternate level based on the sensitivity of the
seismograph microphone as specified below is being used:
Lower Frequency Limit of Max Level,
Measuring System, in Hz in dBL
0.1 Hz or lower -flat response 134 peak
2.D Hz or lower -flat response 133 peak
6.0 Hz or lower -flat response 129 peak
D. Air blast Without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
Tn I I lni% f^ D IADI 1-
v ♦. IIV%,IL v kV,21) w I 1ULJL-1.
U = 82 (D/\/V0.33)-1.2
P = 20 x log (U12.9x10-9)
Confined Air blast/Overpressure (dBL)
for quarry situation:
A=P-35
U = Unconfined air overpressure (pounds per square inch).
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator (feet).
P = Unconfined air overpressure (decibels).
A = Air blast or air overpressure for typical quarry situations (decibels).

Page 8
The air blast/overpressure shall not exceed 129 decibels, for the purposes of this
Section.
E. Record Keeping
The operator shall maintain records on each individual blast describing: the total
number of holes; pattern of holes and delay of intervals; depth and size of holes;
type and total pounds of explosives; maximum pounds per delay interval; amount
of stemming and burden for each hole; blast location; distance from blast to
closest offsite regularly occupied structure; and weather conditions at the time of
the blast. Records shall be maintained at the permittee's mine office and copies
shall be provided to the Department upon request.
F. Excessive Ground Vibration/Air blast Reporting:
If ground vibration or Air blast limits are exceeded, the operator will immediately
report the event with causes and corrective actions to the Department. Use of
explosives at the blast site that produced the excessive reading shall cease until
corrective actions approved by the Department are taken. However, blasting
may occur in other approved areas within the permitted boundary. Authorization
to blast at the blast site may be granted at the time of the verbal reporting of the
high ground vibration or high air blast reading if the circumstances justify verbal
approval. Failure to report will constitute a permit violation.
G. Flyrock Prevention:
The operator shall take all reasonable precautions to ensure that flyrock is not
thrown beyond areas where the access is temporarily or permanently guarded by
the operator. Failure to take corrective measures to prevent flyrock and
repeated instances of flyrock shall be considered a violation of the Mining Permit.
H. Flyrock Reporting -
Should flyrock occur beyond the permitted and guarded areas, the operator shall
lmmedlately report the llll..lde11L to Llle Depa'men'. rl -11-er use of explosives on
the mine site shall be suspended until the following actions have been taken:
A thorough investigation as to the cause(s) of the incident shall be
conducted.
2. A report detailing the investigation shall be provided to the Department
within 10 days of the incident. The report shall, at a minimum, document
the cause(s) of the incident along with technical and management actions
that will be taken to prevent further incidents. The report shall meet with
the approval of the Department before blasting may resume at the mine
site.

Page 9
Studies:
The operator shall provide to the Department a copy of the findings of any
seismic studies conducted at the mine site in response to an exceedence of a
level allowed by these blasting conditions. The operator shall make every
reasonable effort to incorporate the studies' recommendations into the
production blasting program.
J. Notice:
The operator shall, when requested by the Department, give 24-hour advance
notice to the Division of Energy, Mineral and Land Resources' Regional Office
prior to any blast during a period for which notice is requested.
9. High Wall Barrier
A physical barrier consisting of large boulders placed end -to -end or fencing shall be
maintained at all times along the perimeter of any highwall to prevent inadvertent public
access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided
at the junction between the top of rock and the toe of any overburden cut slope.
10. Visual Screeninq
A. Existing vegetation shall be maintained between the mine and public
thoroughfares to screen the operation from the public. Additional screening
methods, such as constructing earthen berms, shall be employed as deemed
annrnnriatP by the nPnnrtmant
B. Vegetated earthen berms shall be located and constructed as shown on the
Comprehensive Mine Map sealed July 25, 2018. In addition to grasses, long leaf
and/or Virginia pines or other acceptable evergreen species shall be planted as
deemed appropriate by the Department to improve visual and noise buffering.
11. Plan Modification
A. The operator shall notify the Department in writing of the desire to delete, modify
or otherwise change any part of the mining, reclamation, or erosion/sediment
control plan contained in the approved application for a mining permit and any
approved revisions to it. Approval to implement such changes must be obtained
from the Department prior to on -site implementation of the revisions.
B. A modification shall be submitted to and approved by the Division of Energy,
Mineral and Land Resources prior to initiating Phase 2 access road construction.

i
0
Page 10
12. Refuse_ Disposal
A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Division of Energy, Mineral and
Land Resources, Department of Environmental Quality. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Energy, Mineral, and Land
Resources considers the following materials to be "mining refuse" (in addition to
those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
2
3
4
5
6
on -site generated
conveyor belts
wire cables
v-belts
land clearing debris
steel reinforced air hoses
drill steel
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
ni%,;cinrn of Pnorrni KAinnrni nnA I nntA I7ooni irnno nrinr in nnmmnnnnrrwnF of
v Iv IJIwlI VI LI 1\ 1yy, Iv111 IV OUII, U4 Iu �Gl lu 1\I+JVu1 lH.rJ PI IVI Lv L.rVl III I IGI II'GI f IGI IL VI
such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and
5. verification that a permanent vegetative groundcover will be established
E. Used, clean concrete shall only be allowed on permitted quarry sites that have
obtained a valid air permit and are allowed to operate crushing operations for the
purposes of recycling and reuse provided that the following conditions are met:

P J
Page 11
1. Appropriate quality control measures shall be taken when the used
concrete arrives onsite to ensure that all such concrete processed onsite
is clean, inert material.
2. Used, clean concrete shall be temporarily stockpiled and processed within
existing approved affected areas draining to existing approved erosion
and sedimentation control measures.
3. No used, clean concrete material shall be permanently disposed of onsite.
4. Any foreign material that may be found within the used concrete must be
separated from the concrete and properly recycled or disposed off -site.
13. Annual Reclamation Report and Annual Operating Fee Submittal
An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be
submitted to the Department by July 1 of each year until reclamation is completed and
approved for release by the Department.
14. Bonding
The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a *$.00 *
bond, is sufficient to cover the operation as indicated in the approved application. This
security must remain in force for this permit to be valid. The total affected land shall not
exceed the bonded acreage.
15. Archaeological Resources
Authorized representatives of the Division of Archives and History shall be granted
access to the site to determine the presence of significant archaeological resources.

0 0
Page 12
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards as Provided by G.S. 74-53
The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoininq_ property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
Provided further, and subject to the Reclamation Schedule, the planned reclamation
shall be to allow the quarry excavation to fill with water, provide a permanent barricade
(fence) along the top of any high wall, and grade and revegetate any areas in
unconsolidated material.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:

e
Page 13
A. All areas of unconsolidated material such as overburden or waste piles shall be
graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to
insure slope stability.
B. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
C. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
E. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Conditions Nos. 12.A.
through E.
F. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
Disturbed areas shall be permanently revegetated according to the Permanent and
Temporary Seeding Schedules on the Sedimentation and Erosion Control Details,
Sheet 19 of 20, sealed July 25, 2018.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
1A1HA1ifo De�^i lr^pc f— .. 4. e_.4 :LJI;f _+ 4hs 4
V Vu1X%.7vu1 tco vV1111111JJIVI I LV GI II 1=1 I1-U jJ%JZ3L-V1jLL [Al1e1IGIlILCLLQLL1IGiLe.

0
0
Page 14
4 Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
Permit issued this *th day of September, 2018
William E. Vinson, Jr. Interim Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality

0
• b4lk L L�
API I 1C`ATI"N: rflZ2 A NAIVINty' PrUMIT
a•i '
+
6kxvV
l4 )V-o
E. DETERMINATION OF AFFECTED ACREAGE AND BONI) Lit
Irlo, 'If
71e fnlltp; iinrr An"d ynlV4ilirtinrr i�rnrlrrlanat rr to ha rrcart to nctrrhlirla rm �Innrnrtr•iirto hnnd rinn" ft relnvo
of�00 to5,000 per affected acre) for each permitted mine site based aipon the acreage approved by the
Department to be affected during the life of the ruining permil.
Please insert the approximate acrea e, for each
aspect oithe mining operation, that you intend to a(ect during
the life ofthis ruining permit
(in acklition, please
insert 'the apgro,2riafe reclamation cost/acre Lor each cale,gory
rom the Schedule of
Reclamation Costs
provided with this application orm' OR vou can de er to the De xlrimeni io caicuiaie your bond ur you bused
upon your mags_and standard reclamation costs.
AFFECTED
RECLAMATION
RECLAMATION
CATEGORY ACREAGE
COST/ACRE*
COST
Tailings/Sediment Ponds: Ac. X
$ 6--0000 /Ac. _
$ I(,2360,1
Stockpiles: Ac. X
$ /Ac. -
$
Wastepiles: Ac. X
$ Q 006L' /Ac. _
$ �S YX
/Ac.
$
11f au l R Ac. X
_
$
Mine Excavation'. q� • 3PO Ac. X
$ /Ac.
Other: Ac. X
$ /Ac. _
$
TOTAL AFFECTED AC.: Ac.
(TOTAL PERMITTED AC.: t3'� ._ 1 _ Ac.)
TPmnnrnr-,r Rr PP1•mnnPnt QPrllmPnintlnn Rr Frncinn Cnntrnl XAPacrirPc-
Divide the TOTAL AFFECTED AC. above into the following two categories: a} affected acres that drain into
proposed/existing excavation and/or b) affected acres that will be graded For positive drainage where measures will
be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands.
a) Intermal Drainage Ac.
oD
b) Positive Drainage /QS• ()a Ac. X $1,500.00
Inflation Factor:
SUBTOTAL COST: S a 9 y� 30 U"
0.02 X SUBTOTAL COST: $ D q X Permit Liferovided by Applicant (Life of the Mining Operation
or Life of Lease from Public Entity (in Years)):
INFLATION COST: $ 353 a32°a
SUBTOTAL COST f INFLATION COST: $0J
Total Reclamation Bond Cost: $
uC'
(round dowtito the nearest $100.00)
(NOTE: The reclamation bond cannot exceed $1 million per GS 74-54)
-1-

Wehner, Judy
From:
Sent:
To:
Cc:
Subject:
Attachments:
Judy/David,
Tracy E. Davis, PE <[e-mail]>
Friday, August 24, 2018 12:31 PM
Wehner, Judy; Miller, Uavid
Vinson, Toby; Wyatt brown; Chuck Piratzky
FW: [External] Little River 401
Little River Quarry 401 Cert-DWR 18-0269.pdf
had trouble printing and saving the document from the DWR document link below, but finally figured it out. Attached
is a PDF of the 401 certification that was issued by DWR today for your file — in case you have not received it directly
from DWR RR4 staff.
Please let me know if there is anything else you need to issue the draft mining permit and the bond calculation
worksheet. Is the extended 30 day deadline for DEMLR review now 9/7?
Many thanks, Tracy
Tracy E. Davis, PE
President
ATS Environmental Solutions, PLLC
Firm License No. P-1811
[e-mail]
[phone]
From: Watt Brown
Sent: Friday, August 24, 2018 10:52 AM
To: covineton2(@me.com; [e-mail]; [e-mail]
Subject: Fwd: [External] Little River 401
This is the 401, 1 just forwarded it to Judy, I'm in the field, if you can't access it let me know.
Thanks
Wyatt
Wyatt Brown, LSS, CPESC
Pres., Brown's Environmental Group, Inc.
[phone]
Begin forwarded message:
From: "Goss, Stephanie" <[e-mail]>
Date: August 24, 2018 at 10:09:27 AM EDT
To: Wyatt Brown <[e-mail]>
Subject: RE: [External] Little River 401
1

•
•
Wyatt,
Sorry for the delay!! Please see the link below to view the approval letter:
httos:lledocs.deg.nc.eov/WaterResources101doc 712.583 Pa el.aspx?searchid=8clabdld-aade-4bed-
a7f5-5f2d3Oc6d3b9
Have a good weekend!
Stephanie Z. Goss
Environmental Senior Specialist
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 276o9
919-791-4256
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Wyatt Brown [mailto:[e-mail]]
Sent: Friday, August 24, 2018 8:04 AM
To: Goss, Stephanie <[e-mail]>
Subject: Re: [External] Little River 401
Stephanie
Thank you so much
Wyatt
Wyatt Brown, LSS, CPESC
Pres., Brown's Environmental Group, Inc.
[phone]
On Aug 24, 2018, at 6:57 AM, Goss, Stephanie <stephanie.,[e-mail]> wrote:
Wyatt,
Everything is fine, it is on Danny's desk waiting for his signature. I'll get it to you as soon
as he hands it back to me today.
Stephanie Z. Goss
Environmental Senior Specialist
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 276o9
919-791-4256
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may he disclosed to third parties

From: wyatt brown [mailto:brownenvgrp @gmail.com]
Sent: Thursday, August 23, 2018 2:46 PM
To: Goss, Stephanie <[e-mail]>
Subject: [External] Little River401
Stephanie
Is something wrong? Do you need any thing else?
Wyatt
Wyatt Brown, LSS, CPESC
Brown's Environmental Group, Inc
919-524-5956

0
0
RON' COOPER
MICHAI_L S. REGAN
L1laterResources I-INDA CU1_P1-PPFR
ENVIROPIMENIAL ❑UALITV hn�a'rnr D,•"reti'n yr
August 23, 2018
DWR #18-0269
Lee County
Little River, LLC
Attn: Ray Covington
709 Croswell Court
Whitsett, NC 27377
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Little River Quarry
Dear Mr. Covington:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) on February 22, 2018, payment received
on February 23, 2018 and additional information received on August 3, 2018. These impacts are
covered by the attached Water Quality General Certification Number 4139 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 39 once
it is issued to you by the U.S, Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0506(b)(c))
Division of Water Resources. RaIeigh R uionnl 0f1kc. W.1Lev Uuulity opel-ation3 5«ti;In lrttlr%{t�,�7;3i.itcdc.tft.rrr�!�vclilc.'{I .gyp:
IG? !1'111il Scrviec Ceo(t21-, 161601. NC 27699-1628 Phone; (1}141I(A-4204)
1, suIIio, "OO 1S2lr1.ell 1)1•i%re. R❑krill. NC 776i1'} Fax: (919) 75,�-71;9

Little River Quarry
DWR 418-0269
401APPROVAL
Page 2 of 4
Type of Impact
Amount
Approved (units)
Permanent
Amount
Approved (units)
Temporary
Wetland
W1-Road Fill
0.031 (acres)
% 0 (acres)
W2-Road Fill
0.004 (acres)
0 (acres)
Stream
S1-Road Crossing -culvert
63 (linear feet)
0 (linear feet)
S2-Rip rap
26 (linear feet)
0 (linear feet)
S3-Road Crossing -culvert
62 (linear feet)
0 (linear feet)
54-Rip rap
15 (linear feet)
0 (linear feet) ,
55-Temporary crossing -culvert
0 (linear feet)
52 (linear feet)
S6-Temporary crossing -culvert
57-Temporary crossing -culvert
0 (linear feet)
0 (linear feet)
5�6 (linear feet) i
56 (linear feet)
2. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .02001 including
but not limited to sediment impacts, and any violation of state regulated riparian buffer rules
115A NCAC 02B .0200). Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall contain
a description of the noncompliance, and its causes; the period of noncompliance, including
exact dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case -by -case basis.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure

Little River Quarry
DWR #18-0269
401 APPROVAL
Page 3 of 4
compliance with 15 NCAC 02H .0500. f 15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
5. This approval is -for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the. Certification. If you
change your project, you must notifythe Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. [15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5].
This Certification can be contested as provided in'Articles 3 and 4 of General Statute 150E by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
.filing fee is received in the OAH during normal office hours (Monday through Friday between
.8:00am and 5:00pm, excluding official state holidays).
"The petition may be faxed to the OAH at [phone], provided the original and one copy of
the netiti6n alnno with anv nnniirahlp nAH filinu foe is raraiyarl h\1 the r)AH within five fS1
business days following the faxed transmission.
Mailing address for the OAH:
!f seriding.by First Class Mail
via the'US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedFx):.
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William.F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
1617 Nlad Cor„irn i-ontar
Raleigh, NC 27699-1617
Little River Quarry
DWR #18-0269
401 APPROVAL
Page 4 of 4
if sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR —401 & Buffer Permitting
Branch
r,1-) N SaEichiiry rtrapt
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act
contact Stephanie Goss at 919-791-4256 or [e-mail] if you have any
questions or concerns.
Y
Sincerel
Dann Smiti
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
Please
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive,
Ste. 105; Wake rnract, W- 775g7
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Wyatt Brown via e-mail at hrownenvgrp(@gmail.com

E
i
Wehner, Judy
From: Wyatt Brown <[e-mail]>
Sent: Friday, August 24, 2018 10:52 AM
To: Wehner, Judy
Subject: Fwd: [External] Little River 401
Judy
I'll try it this way also
Thanks for your help
Wyatt
Wyatt Brown, LSS, CPESC
Pres., Brown's Environmental Group, Inc.
[phone]
Begin forwarded message:
From: "Goss, Stephanie" <stePhanie,[e-mail]>
Date: August 24, 2018 at 10:09:27 AM EDT
To: Wyatt Brown <brownenvgrpPgmail.com>
Subject: RE: [External] Little River 401
Wyatt,
Sorry for the delayl l Please see the link below to view the approval letter:
htt s: edocs.deg.nc.gov WaterResources 0 _doc/7l2583/Pagel.aspx?searchid=8clabdld-aade-4bed-
a7f5-5f2d30c6d3b9
Have a good weekend!
Stephanie Z. Goss
Environmental Senior Specialist
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 276og
�<_
yiy- jyi-r{ �u
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records 1,aw and may be disclosed to third parties
From: Wyatt Brown [mailto:[e-mail]]
Sent: Friday, August 24, 2018 8:04 AM
To: Goss, Stephanie <[e-mail]>
Subject: Re: (External] Little River 401

Stephanie
Thank you so much
Wyatt
Wyatt Brown, LSS, CPESC
Pres., Brown's Environmental Group, Inc.
[phone]
On Aug 24, 2018, at 6:57 AM, Goss, Stephanie <[e-mail]> wrote:
Wyatt,
Everything is fine, it is on Danny's desk waiting for his signature. I'll get it to you as soon
as he hands it back to me today.
Stephanie Z. Goss
Environmental Senior Specialist
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 276og
919-791-4256
E-mail correspondence to and from this address may be subject to the
Norih Carolina Public Records Law and may be disclosed to third parties
From: Wyatt brown [mailto:[e-mail]]
Sent: Thursday, August 23, 2018 2:46 PM
To: Goss, Stephanie <[e-mail]>
Subject: [External] Little River401
Stephanie
Is something wrong? Do you need any thing else?
Wyatt
Wyatt Brown, LSS, CPESC
Brown's Environmental Group, Inc
919-524-5956
ra

! 0
Wehner, Jud
From: Wyatt Brown <[e-mail]>
Sent: Friday, August 24, 2018 10:50 AM
To: Wehner, Judy
Subject: [External] Little River Quarry - Laserfiche WebLink
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>
Judy
I'm forwarding this from my phone, I'm in the field, if you can't access the document please let me know.
Thank you
Wyatt
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=712583&page=l&searchid=8clabdld-aade-4bed-
a7f5-5f2d30c6d3b9&cr=1
Wyatt Brown, LSS, CPESC
Pres., Brown's Environmental Group, Inc.
[phone]

APPLICATION FOR A MINING PERMIT
E. DETERMINATION OF AFFECTED ACREAGE AND BONI)
The,fbllowing bond calculation worksheet is to beused to establish an aj,?pro riate bond based upon a range
of S500 to S5,000 per crf ected acre) for each permitted mine site based upon the acreage approved by the
Department to be affected duringthe life ofthe miningpermit. Please insert the approximate acreage, fr)r each
insert the aL)L)ropriate reclamation cost/acre jor each cateLory from the Nchedule of Reclamation Costs
provided with this application form2OR you can clever to the Department to calculate your bond Lor you based
AFFECTED
RECLAMATION
RECLAMATION
CATEGORY
ACREAGE
COST/ACRE*
COST
Tailings/Sediment Ponds:
b 000 Ac.
X
$ /Ac.
- $ 82
Stockpiles:
Ac.
X
$ /Ac.
_ $
Wastepiles: IeS:
p
In IV Ac.
X
n � _ . �til
$ a _ 0g "" /Ac.
— _]e " .,- l
$ 00 y UU -
P *n � I-laul Rq��
Ac.
X
$ o m o, /Ac.
_ $
Mine Excavation:
qZJ)6 Ac.
X
$ �y /Ac,
Other:
Ac.
X
$ /Ac.
_ $
TOTAL AFFECTED AC.:
��+� �oZ Ac.
(TOTAL PERMITTED AC.:
Ac.)
Temporary & Permanent Sedimentation & Erosion Control Measures:
Divide the : T�O'T'AI. AFFECTED AC. above into the following two categories: a) affected acres that drain into
proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will
be needed to prevent oft -site sedimentation and sedimentation to onsitc watercourses and wetlands.
a) Internal Drainage
Ac.
b) Positive Drainage NE. a a Ac. X $1.500.00 = $ y 3ba0
SUBTOTAL COST: $ a 9 7 3�yi7
Inflation Factor:
0.02 X SUBTOTAL COST: $ o q q X Permit Li c rovided by Applicant (Life ofthe Mining Operation
or Life of Lease from Public Entity (in Years}): 100
t3 �r,„on
INFLATION COST: $ 0134
SUBTOTAL COST } INFLATION COST: $ ��� a v)
Total Reclamation Bond Cost: $ �06
uC)
(round dow to the nearest $100.00)
(NOTE: The reclamation bond cannot exceed $1 million per GS 74-54)
-1-

Wehner, Judy
From: Smith, Danny
Sent: Tuesday, August 21, 2018 3:56 PM
To: Wehner, Judy
Cc: Denton, Bill; Adams, Diane; Goss, Stephanie
Subject: RE: Little River Quarry
Hey Judy,
The project requires a 404 permit from the USACE and a 401 Water Quality Certification from DWRs.
A file review confirmed that the 404 permit has been issued for this project. The 401 Certification has not been
issued. The project is on "hold".
Project plans have changed from what was detailed in the original Preconstruction Notification (PCN) application.
What we need is table that clearly identifies each crossing with each of the respective impact. For each crossing,
clearly identify the following in the table: 1) permanent impacts lengths, 2) dissipater (rip -rap) impacts lengths,
3) temporary CMP impacts lengths and 4) clear detail which crossing will be bridge vs culverted. (This
information is necessary in order to clearly issue the authorization certification so that impacts match the
respective stream crossing.)
Note. Approved "temporary" impacts are temporary. Impacted area shall be returned to natural conditions
within 60 calendar days after the temporary impact is no longer necessary. They will not continue to be
authorized after the expiration of the 401 Certification. Please include in your response an estimate of when the
these impacts will removed and stream channel restored.
Danny Smith, Supervisor
Raleigh Regional Office
Water Quality Regional Operations
Division of Water Resources
[phone]
From: Wenner, Judy
Sent: Tuesday, August 21, 2018 11:13 AM
To: Smith, Danny <[e-mail]>
Cc: Denton, Bill <[e-mail]>; Adams, Diane <[e-mail]>
Subject: Little River Quarry
Please see the attached. Can you verify that no permits or certifications are needed from Water Resources for the Phase
1 temporary stream/river crossings, please? Bill has a copy of the latest submittal. If I need to I can run out to you office
with mine. We are in a time crunch because of the public hearing so I woul;d appreciate any help.
Judy Wehner
Assistant State Mining Specialist
Land Quality Section
919-707-9227 office
Judy.Wehner(cDncdenr,gov Email
1612 Mail Service Center

C�
E
Raleigh, North Carolina 27699-1512
512 N. Salisbury Street
Raleigh, North Carolina 27604
Mining Program Website:
https:lldeg.nc; gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/mining-program
<- 'Nothing Compares.,,_.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

0
0
Wenner, Judy
From:
Adams, Diane
Sent:
Wednesday, August 08, 2018 2:33 PM
To:
Wehner, Judy
Cc:
Denton, Bill
Subject:
Review of Little River Quarry Revision
Judy,
I have reviewed the revised plan and modifications provided to our previous comment. I have no further comment at
this time.
Sincerely
Diane Adams
C. Diane Adams
Senior Environmental Specialist
NC DENR, I1QS
IR(1(1 R lffPtl flriv� Ralrinh Ali
Phone: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.

i
CING CHECKLIST FOR ROUTING
Applicant's Name: �'.� f /,� ProjeetName: 7�1 el&{ , /
v
A /n...._-. wr.. .� 01 a 1 tCl
n�_iic./ remitNo: iounty: uate neceivea G1 1.) 7
Reviewer: ice— River Basin Name:
ZNew ❑ Modification inside it boundaries
� ( Per*" )
❑ Modification (outside Permit b jndaries) El Transfer El Release
El Partial Release �lAdditional Information ❑ Fee Needed: s ❑ Fee Received: s
lej/route entire application package to
I wi.( YI /1! Rvoinnal nf6ry (,j rmnnlrfo rnnipc• att,,A t6 -f.QZ Rra;l l OR;ri iil rmm& Ahhhrnt;r 1?M' j
Checklist" to one copy and attach both the DAQand DWR "Mining Application Review Fo}m" to the other copy; send both copies to the Regional
Engineer) —
Date: Routed �r(',,1 t) i Rec'd
rr
U
❑ Division of Water Resources Date: Routed Rec'd
❑ NC Wildlife Resources Commission Date: Routed Rec'd
❑ US Fish dr Wildlife Service Date: Routed Rec'd
(Only new applications and modification requests that add land to the permit)
Please route first 3 pages of the application and any location maps to:
I —I
L7
rs:.»r ....F D ..1.� ar v.....:...
l &Vi Iws V1 l W R V l\44!6N IV!!
n-Ae: Route]
L.19" l\YIIICM
n.._I.t
l CL U
❑
NC Geological Survey Section
Date: Routed
Rec'd
❑
Division of Marine Fisheries
Date: Routed
Rec'd
❑
Division of Soil & Water Conservation (plus LEA)
Date: Routed
Rec'd
(Only new applications and modifications requests that add land to the
permit)
❑ Division of Archives & History Date: Routed Rec'd
(Only new applicants)
❑ Other: Date: Routed Rec'd
4
Suspense Date for Comments: i , (no later than 25 days from receipt)
❑ Please note the following: J
I �
v

0 0
L�=
iA �
ENGINEERING ~ SURVEYING
CORPORATE LICENSE: C-1771
101 W. MAIN ST., SUITE 202
GARNER, NC 27529
PHONE [phone]
FAx [phone]C56
TRANSMITTAL
AUG 0 8 2018
LAND QUALITY
MINING PROGRAM
DATE:
August 8, 2018
TO:
Judy Wehner
FROM:
Chuck Piratzky
Assistant State Mining Specialist
RWK, PA
NCDEMLR
101 W. Main Street
1612 Mail Service Center
Suite 202
Raleigh, N.C. 27599
Garner, NC 27529
REF:
Little River Quarry
TEL:
TEL:
919-779-4854
CC:
PAGES
2 Sets of 3 Docs
ENCLOSED:
Please find the following information:
2 — Page 1 of Application for Mining Permit signed and with updated address of owner
2 — USACE Section 404 permit authorization for the Little River Quarry
2 — USACE General Conditions for compliance with Nationwide Permit 39

0 0
APPLICATION FOR A MINING PERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine i-1 `f �C. C ��uc;.f�/
River Basin
Latitude (decimal degrees to four places) S ✓5_ 3 h166
Longitude (decimal degrees to four places) — cf �' / 3z I C
, .
2. Name of Applicant*. Lr 7'11 - _ K I +l e ir'__LL 6
County L"_ e_'ly" 4 \ 1 r-- n
AUG 0 8 2018
LAKIp QUALITY
MMING PROGRAM
3. Permanent address for receipt of official mail** -7 vil e- I
Telephone (336) .3 I -2- - 33 "2-0 _ Alternate No. r�
4. Mine Office Address
5.
Mine Manager.
Telephone ( ) __
6. E-mail Address: ) fc
1 certify that all details contained in this Permit Application are true and correct to the best of our
knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit
revocation.
***Signature C--Vt z ' 4tCVVUV- , Date _ e11,1,P
Print Name
Title_ (� rpl-E V�J
* This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond (security) that corresponds to this site.
** The Division of Energy, Mineral, and Land Resources must be notified of any changes in the permanent address
or telephone number.
*** Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a
complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
-1-

• O
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DIS`I'RICT
Action Id. SAW-2015-02582 County: Lee County U.S.G.S. Quad: Sanford
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Perntittee: Ray CovinLton
Little River, LLC
Address: PO Box 1320
Sanford, North Carolina 27331
Size (acres) 50 (approximately) Nearest Town Sanford
Nearest Waterway Upper Little River River Basin Cape Fear
USGS HUC 03030004 Coordinates Latitude: 35.402527
Longitude:-79.132079
Location description: 'rhe site is located aimroximatel ry 600 feet northeast of the Fred Stone Road terminus, in Lee County,
North Carolina.
Description of projects area and activity: ']'his authorization is for temporary anti permanent impacts to streams and wetlands
associated with the construction of a nroposed rock ouarr•v roadwav as follows: CrossinL, #1: Stream S1-63 linear feet of
per•nianent irnpact for the installation of a 60 linear foot, 30" CMP, and 29 linear feet of impacts for rip rap dissipation pads;
Wetland A-0.03 acre of permanent fill for roadway construction. CrossinV, #2: Stream S2A-52 linear feel of temporary impact
for the installation of a 52 linear foot, 42" CNIP; Steam S213-62 linear feet of permanent impact for the installation of a 60
linear foot, 18" CMP, and 17 linear feet of impacts for rip rap dissipation pads. A permanent bridge will be installed over
Stream S2A-no associated impacts. CrossinL, #3: Stream S3-56 linear feet of temporary impact for the installation of a two (2)
48" CM Ps. A permanent bridge will be installed over Steam S3 with no associated impacts. CrossinL, #4: Stream S4-56 linear
feel of temporary impact for the installation of one (1) 30" CMP. A permanent bridh-re will be installed over Stream S4 with no
associated impacts. Crossin<l #5:.Wetland F- .004 acre of permanent wetland fill for roadway construction. A permanent
Bridge will he constructed over the Little River. -No associated impacts (See attached plans).
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 39 Commercial and Institutional
I)evelopments
SEEAT7ACIIED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL_ CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated February 22 2018 including updated information
and laps twovided on May ]Il ,lune 7 and .tune 20 2018. Any violation (if the attached conditions or deviation from your
submitted plans may subiect the ncrmittee to a slon work order, a restoration order; a Class I administrative ncnalty, andlor
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. 11; prior to the expiration date identified below, the nationwide and/orregional
general periiiit aiitiiui'izaii0i I is IC[NNUCLI andlor iiiodtficd, LIM, VCHILUULIU11 wrii I'cliiaitl valid urttij ihC exl]rratloil daLC IdCIIII]Ied bCiUw,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general permit's expiration, modification nr revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occul•ring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you rlrtlst contact the N.C. Division of Coastal Management in Morehead City, NC, at [phone].

•
This Department of the Army verification does not relieve the perrrrittee of the responsibility to obtain any other required Federal,
State or local approvalslpermits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Andrew Williams at [phone] or Andrew.E.Williams2no..usace.arrr►v.mil.
r
poe,. y.nq MLwt.L,w 1,H,Sau,
Ox W, wus Gwwn., w-P-0,w.M.
Corps Regulatory Official:
Date: August 3, 2018
Expiration Date of Verification: March_ 18,_2022
A. Determination of ,lurisdiction:
I. ❑ '['here are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § [344) and/or Section 10 of the Rivers and Harbors Act (R[ IA) (33 USC § 403). This preliminary
determination is not an appealahle action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR fart
331). However, VOL] may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ 'There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ❑ 'There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 ol'the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years front the date of this notification.
4. ❑ A jurisdiction determination was not completed with this request. "Therefore, this is not an appealable action. However, you
may request all approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ®-The aquatic resources within the above described project area have been identified under a previous action. Please reference
the preliminary jUriSdiCti011at determination issued 3/21/2017, Action ID: SAW-2015-02582.
13. 13xsis For Jurisdictional Determination: NIA. An Approved JD has not been completed.
C. Remarks: None
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. I l'you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination fi-om the local office of the Natural Resources Conservation Service, prior to starting work.
E. APPeals Information for Approved .Jurisdiction Determinations (as indicated in A2 and A3 above).
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 following address:
US Anny Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officcr
60 Forsyth Street. SW, Room l OM 15
Atlanta, Georgia 30303-8801
Phone: [phone]

•
In order 1'or 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 Chat 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 he received at the above address by Not Applicable.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. oigitalty signed 6y WILLIAMSANDREW,E.1244561655
DN:c=US,n=W1LUAMS.AN n4ou.1244 DU-PKI61655,
(!�_outiUSA,cn=WILLIAMS.ANbREW.E1244561655
Corps Regulatory Official: „ Date 2018.08.0316:14:24.04'00'
Andrew Williams
The Wilmington District is committed to providing the highest level of'support to the public. TO help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
11tt12://corpsimapu. usac c.army.tnil/cm_apex/P?p=136:4:().
Copy furnished (via email):
Stephanie Coss
North Carolina Department of Environmental Quality
Water Resources Water Quality Regional Operations Section
1628 Mail Service Center
Raleigh, NC 27699-1628
Wyatt Brown
Brown's Environmental Group
242 Batten Farm Road
Selma, North Carolina 27576

i
Action ID Number: SAW-2015-02582
Permittee: Ray Covintiton
Little River, LLC
County: Lee County
Project Name: Little River LLCIProposed Mine Site
Date Verification Issued: August 3, 2018
Project Manager: Andrew Williams
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Andrew Williams
3331 lieritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class 1
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
; evnriinnee with the terntc anti enntiitinn nt� tho c%id n,,rmit ind rwn�irvil mitiaatinn w;ac vmn"lntnrl in
r - I .t.,,. .�....�.. �.......
accordance with the permit conditions.
Signature of Permittee
Date

•
OF
NOII'IFICATIOIY ADMIMSTRA GIVE APPEAE, ()l T[UNS AND PROCESS AND
REQUEST FOR A['PLALt, l
Applicant: Ray Covington Little River, LLC
Bile Number: SAW-2015-02582
Date: August 3, 2018
Attached is:
See Section below
INITIAL PRODl'ERED PE"RMIT Standard Permit or letter of permission
A
PROi i ERE D PER.ivii i' 'Standard Permit or Leiter or ierrtiissiort
l
PERM[', DENIAL
C
APPROVED JURISD[Cl'IONAL DETERMINATION
D
PREI-IMINAIZY JUIISDICTIONAL DETERMINATION
I, -
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://NV_w_w.usace.army.niiI/Missions/CiviIWorks/RC.L),ultitoryl'r'ogranumd11erntits.aspx or
Corps regulations at 33 CFR Part 331.
A: INI'['IAL PIZOIj)~ERED PEfZM['I': You may accept or object to the permit.
• ACCI PT: 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
oil 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. You] -
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the fixture. Upon receipt of your letter, the district engineer will evaluate _your objections and ma-v: (a) modifv the
permit to address all of your concerns, (b) modify the permit to address sonic 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: PROFIAE[ZED 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 1A13 and your work is authorized. Your signattn•e
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 VOL] 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 I I of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of tite date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section [I of this form and sending the forth to the division engineer. "['his form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved .lD or
provide new information.
• 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 JIa.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Enginecrs 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.

0 O
13: PRELIMINARY JURISDICTIONAL DF-TERMINATION: You do not need to respond to the Corps
regarding the preliminary .11). The Preliminary .1D is not appealable. If you wish, you may request an approved
.ID (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 .ID.
SECT[ON II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFF'ERI D PE-PMIT
REASONS I OR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proftered permit in clear concise statements. 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.
POINT O1 CONTACT FOR QUESTIONS OR INFORMATION:
I f you have questions regarding; this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: I also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Andrew Williams Cl3SAD-111130
69 Darlington Avenue U.S. Army Corps of Engineer's, South Atlantic Division
Wilmington, North Carolina 28403 60 Forsyth Street; Room IOM 15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIG1- T OI' 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 he provided a 15 day
notice of -any site investip.ation, and will have the opportunity to participate in all site investigations.
Datc: I Telephone number:
Si�rrc of appellant or agent.
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room IOM 1-, Atlanta, Georgia 30303-8801
Phone: [phone]

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WETLAND IMPACTS DUE TO TONING BUTTERS WHICH REQUIRE ROAD TO BE IN
CENTER OF THE PROPERTY. TOTAL WETLAND IMPACT IS 1,36D S.F.
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T71�t. LEE coUNTY, NORTH CAROLINA P,no,6tato)770d054
Tli r--

NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE. PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2017
Commercial and Institutional Developments. Discharges of dredged or fill material into
non -tidal waters of the United States for the construction or expansion of commercial and
institutional building foundations and building pads and attendant features that are necessary
For the use and maintenance of the structures. Attendant features may include, but are not
limited to, roads, parking lots, garages, yards, utility lines, storm water management facilities,
wastewater treatment facilities, and recreation facilities sucli as playgrounds and playing
fields. Examples of commercial developments include retail stores, industrial facilities,
restaurants, business parks, and shopping centers. I-"-xamples of institutional developments
include schools, lire stations, government office buildings, judicial buildings, public works
buildings, libraries, hospitals, and places of worship. The construction of new golf courses
and new ski areas is not authorized by this NWP.
The discharge must not cause the loss of greater than 1/2-acre of non -tidal waters of the
United States. The discharge must not cause the loss of more than 300 linear feet of stream
bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300
linear foot limit by making a written determination concluding that the discharge will result in
no more than minimal adverse environmental effects. The loss of stream bed plus any other
losses of jurisdictional wetlands and waters caused by the NWP activity cannot exceed 1/2-
acre. This NW13 does not authorize discharges into non- tidal wetlands adjacent to tidal
waters.
Notification: The permittee must submit a pre -construction notification to the district engineer
prior to commencing the activity. (See general condition 32.) (Authorities: Sections 10 and
404)
Note: For any activity that involves the construction of a wind energy generating structure,
solar tower, or overhead transmission line, a copy ofthe PCN and NWP verification will be
provided to the Department of' Defense Siting Clearinghouse, which will evaluate potential
effects on military activities.

NATIONWIDE PERMITGENERAL CONDITIONS
The following, -General Conditions must be followed in order for any authorization by a N W P to
Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through
regulations or otherwise, must be installed and maintained at the permittee's expense on
authorized facilities in navigable waters of the United States.
(e) The permittee understands and agrees that; if future operations by the United
States require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion ofthe Secretary of -the Army or his authorized representative,
said structure or work shall cause unreasonable obstruction to the free navigation ofthe
navigable waters, the permitter will be required, upon due notice from the Corps of' Engineers,
to remove, relocate, or alter the structural work or obstructions caused thereby, without expense
to the United States. No claim sliall be made against the United States on account of any such
removal or alteration.
2. Aquatic Fife Movements. No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic lile indigenous to the waterbody, including; those
species that normally migrate through the area, unless the activity's primary purpose is to
impound water. All permanent and temporary crossings of waterbodies shall be suitably
culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the
movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing
should be designed and constructed to minimize adverse effects to aquatic life movements.
3. Spawniny, Areas. Activities in spawning] areas during; spawning seasons must
be avoided to the maximum extent practicable. Activities that result in the physical
destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity)
of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters ofthe United States that
serve as breeding areas for migratory birds must be avoided to the maximum extent
practicable.
5. Shellfish Beds. No activity may occur in areas ofconcentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity
authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity
authorized by NWP 27.
6. Suitable Material, No activity may use unsuitable material (e.g., trash, debris,
car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see section 307 ofthe Clean Water Act).
2

7. Water Supply Intakes. No activity may occur in the proximity ofa public water
supply intake, except where the activity is for the repair or improvement of public eater supply
intnkr etrrirtrirrc nr arliaront hank ztghi1i-/n f)n
8. Adverse Effects From ]mpoundments. Ifs the activity creates an impoundment
of water, adverse effects to the aquatic system due to accelerating the passage of water,
and/or restricting its flow must be minimized to the maximum extent practicable.
9. Management of' Water lJows. To the maximum extent practicable, the pre -
construction course, condition, capacity, and location of open waters must be maintained for
each activity, including stream channelization, storm water management activities, and
temporary and permanent road crossings, except as provided below. The activity must be
constructed to withstand expected high flows. The activity must not restrict or impede the
passage of normal or high flows, unless the primary purpose of the activity is to impound water
or manage high flows. The activity may alter the pre -construction course, condition, capacity,
and location of'open waters if it benefits the aquatic environment (e.g., stream restoration or
relocation activities).
10. Dills Within 100-Year Floodplains. The activity must comply with applicable
F11MA-approved state or focal floodplain management requirements.
11. I�quipment. Heavy equipment working; in wetlands or mudflats must be placed
on mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment
controls must be used and maintained in effective operating condition during; construction, and
all exposed soil and other fills, as well as any work below the ordinary high water mark or
high tide line, must be pernianently stabilized at the earliest practicable date. Permittces are
encouraged to perform work within waters of the United States during periods of low -flow or
no -flow, or during low tides.
13. Removal of Temporary Fills. 'Temporary fills must be removed in their entirety
and the affected areas returned to pre -construction elevations. The affected areas must be
revcgetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly
maintained, including maintenance to ensure public safety and compliance with applicable
NWP s/ mvml conditions ns well n, nnv activity-mer.itir. cnnriitinns arirlr-rl by thr- riistr•ict
engineer to an NWP authorization.
15. Simi
le and Complete Project. '!'11e activity must be a single and complete
project. The same NWP cannot be used more than once for the same single and complete
project.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of
the National Wild and Scenic River System, or in a river officially designated by Congress as a
``study river" for possible inclusion in the system while the river is in an official study status,
3

i
unless the appropriate Federal agency with direct management responsibility for such river,
has determined in writing that the proposed activity will not adversely affect the Wild and
Scenic River desigmation or ouciv status-
----- - - -- - -- o -...- - -- - -� - -- -
(b) If a proposed NWP activity will occur in a component of the National Wild and
Scenic River System, or in a river officially designated by Congress as a `'study river' for
possible inclusion in the system while the river is in an official study status, the permittee must
submit a pre -construction notification (see general condition 32). The district engineer will
coordinate the PCN with the Federal agency with direct management responsibility for that
river. The permittee shall not begin the NWP activity until notified by the district engineer that
the Federal agency with direct management responsibility for that river has determined in
writing that the proposed NWP activity will not adversely affect the Wild and Scenic River
designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency responsible for the designated Wild and Scenic River or
study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management,
U.S. I"'ish and Wildlife Service). Information on these rivers is also available at:
http://www.rivers.j,ov/.
17. Tribal Rikhts. No NWP activity may cause more than minimal adverse effects
on tribal rights (including; treaty rights), protected tribal resources, or tribal lands.
18. Endanpered Species. (a) No activity is authorized Linder any NWP which is
likely to directly or indirectly jeopardize the continued existence of- a threatened or endangered
species or a species proposed for such designation, as identified under the Federal Endangered
Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical
habitat ofsuch species. No activity is authorized under any NWP which "may affect" a listed
species or critical habitat, unless ESA section 7 consultation addressing; the effects of the
proposed activity has been completed. Direct effects are the immediate effects on listed species
and critical habitat caused by the NWP activity. Indirect effects are those eff-ects on listed
species and critical habitat that are caused by the NWP activity and are later in time, but still
are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the
requirements ofthe ESA. If pre -construction notification is required for the proposed activity,
the Federal permittee must provide the district engineer with the appropriate documentation to
demonstrate compliance with those requirements. The district engineer will verify that the
appropriate documentation has been submitted. If the appropriate documentation has not been
submitted, additional ESA section 7 consultation may be necessary for the activity and the
respective federal agency would be responsible for fulfilling; its obligation under section 7 of`
the ESA.
(c) Non-federal permittees must submit a pre -construction notification to the
district engineer if any listed species or designated critical habitat might be affected or is in the
6c;nity of thr- wtivit17 nr if ihr arti6Iv is Inrnlrrl in docinn:rtarl oritlonI hnhitat and clhnll not
begin work on the activity until notified by the district engineer that the requirements of the
ESA have been satisfied and that the activity is authorized. For activities that might affect
Federally -listed endangered or threatened species or designated critical habitat, the pre -
construction notification must include the name(s) of the endangered or threatened species that
4

y
might be affected by the proposed activity or that. utilize the designated critical habitat that
might be affected by the proposed activity. The district engineer will determine whether the
nrnnn-,ed nctiviiv "mav affect" or will have "Tin cffecf" to ]',teed cnerire inrd dr-.,ziiYnntc rd rritir;id
habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of'
receipt ol'a complete pre- construction notification. In cases where the non -Federal applicant
has identified listed species or critical habitat that might be affected or is in the vicinity of the
activity, and has so notified the Corps, the applicant shall not begin work until the Corps has
provided notification that the proposed activity will have "no effect" on listed species or critical
habitat, or until ESA section 7 consultation has been completed. lithe non-Fcderal applicant has
not heard back from the Corps within 45 days, the applicant must still wait for notification from
<h �� ��
he C'Grp�.
(d) As a result of formal or informal consultation with the FWS or NMFS the
district engineer may add species -specific permit conditions to the NWI's.
(c) Authorization of an activity by an NWP does not authorize the `'take" ol'a
threatened or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take"
provisions, etc.) from the FWS or the NN4FS, the Endangered Species Act prohibits any person
subject to the jurisdiction of the United States to take a listed species, where "take" means to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage
in any such conduct. The word "harm" in the definition of "take" means an act which actually
kills or injures wildlife. Such an act may include significant habitat modification or degradation
where it actually kills or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding or sheltering.
(0 If the non-federal perrnittee has a valid ESA section 10(a)(1)(I3) incidental take
permit with an approved Habitat Conservation Plan for a project or a group of projects that
includes the proposed NWP activity, the non-federal applicant should provide a copy of that
ESA section f 0(a)(1)(B) permit with the PCN required by paragraph (c) of., this general
condition. The district engineer will coordinate with the agency that issued the ESA section
I0(a)(1)(B) permit to determine whether the proposed NWP activity and the associated
incidental take were considered in the internal ESA section 7 consultation conducted for the
ESA section IO(a)(1)(B) permit. Il'that coordination results in concurrence from the agency
that the proposed NWP activity and the associated incidental take were considered in the
internal ESA section 7 consultation for the ESA section I0(a)(1)(B) permit, the district
engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP
activity. The district engineer will notify the non-federal applicant within 45 days of�receipt of
a complete pre -construction notification whether the ESA section I0(a)(1)(B) permit covers the
proposed NWP activity or whether additional ESA section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their
critical habitat can be obtained directly from the offices of the FWS and NMFS or their world
wide web pages at http://www.fws. ,ov/ or http://www.J'ws.goy/ipac and
http://wwNv.rnnf's.iioaa. ,ov/pr/species/csa/ respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for
ensuring their action complies with the Migratory Bird "Treaty Act and the Bald and Golden
Eaglc Protection Act. The permittee is responsible for contacting appropriate local office of the
U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory
5

birds or eagles, Including whether "incidental take" permits are necessary and available under
the Migratory Bird "Treaty Act or Bald and Golden Eagle Protection Act for a particular
activity,
20. Historic Properties. (a) In cases where the district engineer determines that the
activity may have the potential to cause effects to properties listed, or eligible for listing, In the
National Register of l-fistoric Places, the activity is not authorized; until the requirements of
Section 106 of the National Historic Preservation Act (NI-11,A) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of -section 106 of the National Historic Preservation Act. If pre -construction
r.+:1: „�: .,J 1; it „J XT[I117 .�: :F. iL., [7.-.,-1, .I :�4,. ..� �L �1�
nV L l 11l.LLL l V 11 1J rcq Lllrk U IV Ll ll. prVPVZ):.0 IN 491 WItI V r Ly, LLA, l C•U',I(AI [JUI l'1'I R LGC, 111 UJL TJLVv1UG Llle
district engineer with the appropriate documentation to demonstrate compliance with those
requirements. The district engineer will verify that the appropriate documentation has been
submitted. If the appropriate documentation is not submitted, then additional consultation
under section 106 may be necessary. The respective federal agency is responsible for fulfilling
its obligation to comply with section 106.
(c) Non-federal perm ittees must submit a pre -construction notification to the
district engineer if the NWP activity might have the potential to cause effects to any historic
properties 'listed on, determined to be eligible for listing on, or potentially eligible for listing on
the National Register of 1-listoric Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties might have the
potential to be affected by the proposed NWP activity or include a vicinity map indicating the
location of the historic properties or the potential for the presence of historic properties.
Assistance regarding information on the location of', or potential for, the presence of historic
properties can be sought from the State Historic Preservation Officer, Tribal Historic
Preservation Officer, or designated tribal representative, as appropriate, and the National
Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction
notifications, district engineers will comply with the current procedures for addressing the
requirements of section 106 of the National Historic Preservation Act. The district engineer
shall make a reasonable and good faith effort to carry out appropriate identification efforts,
which may include background research, consultation, oral history interviews, sample field
investigation, and field survey. Based on the information submitted in the 11CN and these
identification efforts, the district engineer shall determine whether the proposed NWP activity
has the potential to cause effects on the historic properties. Section 106 consultation is not
required when the district engineer determines that the activity does not have the potential to
cause effects on historic properties (see 36 CPR 800.3(a)). Section 106 consultation is required
when the district engineer determines that the activity has the potential to cause effects o11
historic properties. The district engineer will conduct consultation with consulting parties
identified under 36 CFR 800.2(c) when he or she makes any of the following effect
determinations for the purposes ofsection 106 of the NHPA: no historic properties affected, no
adverse effect, or adverse effect. Where the non-l"ederal applicant has identified historic
nrnnrrtirc nn which Iha nMlvllc/ rri;440 tlnvP thh nnthntinl to Pnr1eP of%�rtc anti cn nntl{1Prl ttlo
Corps, the non -Federal applicant shall not begin the activity until notified by the district
engineer either that the activity has no potential to cause effects to historic properties or that
NI -IPA section 106 consultation has been completed.
10

(d) For non-federal permittees, the district engineer will notify the prospective
permittee within 45 days of receipt of a complete pre -construction notification whether NI-fPA
section 106 consuhation is required. 1fNHPA section 106 consultation is required, the district
engineer will notify the non -Federal applicant that he or she cannot begin the activity until
section 106 consultation is completed. If the non-Fcderal applicant has not heard back from the
Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section I IOk of the NI-1PA (54
U.S.C. 3061 13) prevents the Corps from granting a permit or other assistance to an applicant
who, with intent to avoid the requirements of'section 106 ofthe NHPA, has intentionally
significantly adversely affected a historic property to which the permit would relate, or having
legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps,
after consultation with the Advisory Council on Historic Preservation (ACHP), determines that
circumstances justify granting such assistance despite the adverse effect created or permitted
by the applicant. Ifscircumstances justify granting the assistance, the Corps is required to
.__,. �1__ A!`II TiI ____] ______._J_ _I___L_.'__._C__.1_._
„vu,y thle f%�,,-„- and pfovide uoc;w„c;,irauc„ spvc;,,yi,ig u,e i.:,rl;L IIIstanC:cS, ,nc ucgrcc c.f,
damage to the integrity of any historic properties affected, and proposed mitigation. This
documentation must include any views obtained from the applicant, SHPOTH-IPO, appropriate
Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects
properties of interest to those tribes, and other parties known to have a legitimate interest in the
impacts to the permitted activity on historic properties.
21. Discovery of Prcviousl,y Unknown Remains and Artifacts. If you discover
any previously unknown historic, cultural or archeological remains and artifacts while
accomplishing; the activity authorized by this permit, you must immediately notify the district
engineer of what you have found, and to the maximum extent practicable, avoid construction
activities that may affect the remains and artifacts until the required coordination has been
completed. The district engineer will initiate the Federal, Tribal, and state coordination
required to determine ifthe items or remains warrant a recovery effort or if the site is eligible
for listing in the National Register of Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research
Reserves. The district engineer may designate; after notice and opportunity for public
comment, additional waters officially designated by a state as having particular environmental
or ecological significance, such as outstanding national resource waters or state natural
heritage sites. The district engineer may also designate additional critical resource waters after
notice and opportunity for public comment.
(a) Dischari2es of dredacd or fill material into waters of, the IJnited 'Ire not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31. 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including; wetlands adjacent
to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and
54, notification is required in accordance with general condition 32, for any activity proposed in
the designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
7

23. Mitigation. tom. The district engineer will consider the following; factors when
determining appropriate and practicable mitigation necessary to ensure that the individual and
ciirnidAtive ndverse environmental effvctc nre nn Inoro than min;rrinl:
(a) The activity must be designed and constructed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States to the maximum extent
practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing;, rectifying, reducing, or
compensating; for resource losses) will be required to the extent necessary to ensure that the
individual and cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum onc-for-one ratio will be required for
all wetland losses that exceed 1/10-acre and require pre -construction notification, unless the
district engineer determines in writing that either some other form of mitigation would be
more environmentally appropriate or the adverse environmental effects of the proposed
activity are no more than minimal, and provides an activity -specific waiver of this
requirement. For wetland losses of 1/1 0-acre or less that require pre-constrLICtion notification,
the district engineer may detcm-ine on a case -by -case basis that compensatory mitigation is
required to ensure that the activity results in only minimal adverse environmental effects.
(d) For losses of streams or other open waters that require pre -construction
notification, the district engineer may require compensatory mitigation to ensure that the
activity results in no more than minimal adverse environmental effects. Compensatory
mitigation for losses ol'streams should be provided, if practicable, through stream
rehabilitation, enhancement, or preservation, since streams are difficult -to -replace resources
(see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other
open waters will normally include a requirement for the restoration or enhancement,
maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open
waters. In some cases, the restoration or maintenance/protection of riparian areas may be the
only compensatory mitigation required. Restored riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or
aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each
side of the stream, but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to restore or
maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or
coastal waters, then restoring or maintaining;/protecting a riparian area along a single bank or
shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the
district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas
and/or wetlands compensation) based on what is best for the aquatic environment on a
wnler,hed h7Cic In (:aCP.0 where riprian nr(Pn,, are r1Ptf-rminP(I to be the !11nzt annrnnrls11r farm
ofminimization or compensatory mitigation, the district engineer may waive or reduce the
requirement to provide wetland compensatory mitigation for wetland losses.
(1) Compensatory mitigation projects provided to offset losses of aquatic
resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate
compensatory mitigation option if compensatory mitigation is necessary to ensure that the
activity results in no more than minimal adverse environmental effects. For the NWPs, the
preferred mechanism for providing compensatory mitigation is mitigation bank credits or m-
8

lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number
and type of mitigation bank or in -lieu credits are not available at the tune the PCN is submitted
to the district engineer, the district engineer may approve the use of permittee-responsible
mitigation.
(2) The amount of compensatory mitigation required by the district engineer must
be sufficient to ensure that the authorized activity results in no more than minimal individual
and cumulative adverse environmental effects (see 33 CFR 330. l (e)(3)). (See also 33 CFR
332.3(f)).
(3) Since the likelihood of success is greater and the impacts to potentially
valuable uplands are reduced, aquatic resource restoration should be the first
compensatory mitigation option considered for penmittee-responsible mitigation.
(4) If-permittee-responsible mitigation is the proposed option, the prospective
permittee is responsible for submitting a mitigation plan. A Conceptual or detailed mitigation
plan may be used by the district engineer to make the decision on the NWP verification request,
but a final mitigation plan that addresses the applicable requirements 01 33 UPK 332.4(c)(2)
through (14) must be approved by the district engineer before the permittee begins work in
waters of the United States, sunless the district engineer determines that prior approval of the
Final mitigation plan is not practicable or not necessary to ensure timely completion of'the
required compensatory mitigation (see 33 CFR 332.3(k)(3)).
(5) If mitigation bank or in -lieu fee program credits are the proposed option, tine
mitigation plan only needs to address the baseline conditions at the impact site and the
number of credits to be provided.
(6) Compensatory mitigation requirements (e.g., resource type and amount to be
provided as compensatory mitigation, site protection, ecological performance standards,
monitoring requirements) may be addressed through conditions added to the NWP
authorization, instead of components of a compensatory mitigation plan (see 33 CFR
332.4(c)(I )(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses
allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of
1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than
1/2-acre of waters of the United States, even if compensatory mitigation is provided that
replaces or restores some of the lost waters. However, compensatory mitigation can and should
be used, as necessary, to ensure that in NWP activity already meeting the established acreage
limits also satisfies the no more than minimal impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or
permittee-responsible mitigation. When developing a compensatory mitigation proposal, the
permittee must consider appropriate and practicable options consistent with the frarnework at
33 CI-R 332.3(b). For activities resulting in the loss of marine or estuarine resources,
permittee-responsible mitigation may be environmentally preferable if there are no mitigation
banks or in -lieu fee programs in the area that have marine or estuarine credits available for
sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of
the NWP verification must clearly indicate the party or parties responsible Eor the
implementation and performance of the compensatory mitigation project, and, if required, its
long-term management.
(i) Where certain functions and services of waters of the United States are
pcmijancuuy auvc;rsely aiilected by a regula-Lcu dLuVity, �,uL;n dJ ui�,cliaip:N m urc;ugcu of iui
9

material into waters of the United States that will convert a forested or scrub -shrub wetland to
a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be
required to reduce the adverse environmental effects of the activity to the no more than
minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures
are safely designed, the district engineer may require non -Federal applicants to demonstrate that
the structures comply with established state dam safety criteria or have been designed by
qualified persons. The district engineer may also require documentation that the design has
been independently reviewed by similarly qualified persons, and appropriate modifications
made to ensure safety.
25. Water Quality. Where States and authorized "bribes, or EPA where applicable,
have not previously certified compliance of an NWP with CWA section 401, individual 401
Water Quality cerh icaLlon must he obtained or waived (see 33 CFR 330.4(c)). The district
engineer or State or Tribc may require additional water duality management measures to ensure
that the authorized activity does not result in more than minimal degradation of water quality.
26. Coastal Gone Mana zei�. In coastal states where in NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
27. Regional and Case -lay -Case Conditions. The activity must comply with any
regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e))
and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S.
EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone
Management Act consistency determination.
28. Use of'Multi le Nationwide Permits. The use of more than one NWP for a
single and complete project is prohibited, except when the acreage loss of waters of the United
States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest
specified acreage limit. For example, if'a road crossing over tidal waters is constructed under
NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss
of waters ofthe United States for the total project cannot exceed 1/3-acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification; the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district
office to validate the transfer. A copy of the nationwide permit verification must be attached to
the letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including
litiCtoe i tiwersGfiie p'ocr'r any special, ividitonS, Wi:oii+ibbiiidiiig oiikvii() iipi�i ;
10

validate the transfer of this nationwide permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date below."
(`hransferce)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification
letter from the Corps must provide a signed certification documenting completion of the
authorized activity and implementation of any required compensatory mitigation. The
success of any required permitter -responsible mitigation, including the achievement of'
ecological performance standards, will be addressed separately by the district engineer. The
Corps will provide the permittee the certification document with the NWP verification letter.
The certification document will include:
(a) A statement that the authorized activity was done in accordance with the NWP
authorization, including any general, regional, or activity -specific conditions;
(b) A statement that the implementation of any required compensatory mitigation
was completed in accordance with the permit conditions. if credits from a mitigation bank or
in -lieu fee program are used to satisfy the compensatory mitigation requirements, the
certification must include the documentation required by 33 CFR 332.3(I)(3) to confirm that
the permittee secured the appropriate number and resource type of -credits; and
(c) The signature of the permittee certifying the completion of the activity and
mitigation.
The completed certification document must be submitted to the district engineer
within 30 days of completion of the aulhorir_cd activity or the implementation of any required
compensatory mitigation, whichever occurs later.
31. Activities Affecting, Structures or Works Built by the United States. If an NWP
activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter
or temporarily or permanently occupy or use it U.S. Army Corps of Engineers (USACI)
Icderally authorized Civil Works project (a "USACE project"), the prospective permittee must
submit a pre -construction notification. See paragraph (b)(I0) of general condition 32. An
activity that requires section 408 permission is not authorized by NWP until the appropriate
Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and
the district engineer issues a written NWP verification.
32. Pre -Construction Notification. (a) Timin . Where required by the terms of the
NWP, the prospective permittee must notify the district engineer by submitting it prc-
construction notification (PCN) as early as possible. The district engineer must determine if the
PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to
be incomplete, notify the prospective permittee within that 30 day period to request the
additional information necessary to make the PCN complete. The request must specify the
information needed to make the PCN complete. As a general rule, district engineers will request
additional information necessary to make the PCN complete only once. However, if the

prospective permittee does not provide all of the requested information, then the district
engineer will notify the prospective permittee that the PCN is still incomplete and the PCN
review process will not commence until all of the requested information has been received by
the district engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may
proceed under the NWP with any special conditions imposed by the district or division
engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from tine district or
division engineer. However, if the permittee was required to notify the Corps pursuant to
general condition 18 that listed species or critical habitat might be affected or are in the vicinity
of the activity, or to notify the Corps pursuant to general condition 20 that the activity might
have the potential to cause effects to historic properties, the permittee cannot begin the activity
until receiving written notification from the Corps that there is `'no effect" on listed species or
`[no potential to cause effects" on historic properties, or that any consultation required under
Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of'tllc
National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work
cannot begin under NWI's 21, 49, or 50 until the permittee has received written approval from
the Corps. If the proposed activity requires a written waiver to exceed specified limits of an
NWP, the permittee may not begin the activity until the district engineer issues the waiver. If
the district or division engineer notifies the permittee in writing that an individual permit is
required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the
activity until an individual permit has been obtained. Subsequently, the penriittee's right to
proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and
include the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use
to authorize the proposed activity;
(4) A description of the proposed activity; the activity's purpose; direct and indirect
adverse environmental effects the activity would cause, including the anticipated a111OLnit OflOss
of wetlands, other special aquatic sites, and other waters expected to result from the NWP
activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed
mitigation measures intended to reduce the adverse environmental effects caused by the
proposed activity; and any otherNWP(s), regional general permit(s), or individual permit(s)
lied nr intended to he used to atithori7r anv nari oFthr nrnnngod nrn;r-cl nr ;lnv rrykilf-d ,wtivity
including other separate and distant crossings for linear projects that require Department of the
Army authorization but do not require pre -construction notification. The description of the
proposed activity and any proposed mitigation measures should be sufficiently detailed to allow
tki to rintnrniinn il� i Ill- .�rl..,:..-nr.. � .�f.�l ef'Re .ts .�F"he di tidy .ill be
[ll� Ul.]LI It.[ Vll ll l[,..l.l [V UV[\.L ILIILI[ LIIUL llll UUV[]a [J,,n V11Vi'lll'I[rlll[ll l+1lVl+lJ VI LLIL_ "k.,tt VLl.r VV 111 U%_
no more than minimal and to determine the need for compensatory mitigation or other
mitigation measures. For single and complete linear projects, the PCN must include the
quantity of anticipated losses of wetlands, other special aquatic sites; and other waters for each
aiugic and wtidptctc civaatttb ut utunc wcuauus, othier apcuiut aquatic auca, and other waters.
12

Sketches should be provided when necessary to show that the activity complies with the terms
of the NWP. (Sketches usually clarify the activity and when provided results in a quicker
decision. Sketches should contain sufficient detail to provide an illustrative description of the
proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites,
and other waters, such as lakes and ponds, and perennial, intermittent, and ephenleral streams,
on the project site. Wetland delineations must be prepared in accordance with the current
method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters on the project site, but there may be a delay if the Corps does
the delineation, especially if the project site is large or contains many wetlands, other special
aquatic
Siltc.. ands ,alb,,..-.. waters. I:UrtI.,....._ore file 5 day period will nl.a ..tart until the
Cllr LlCl EII.J JILI.J, U11U VLl IC.1 WtlLGI J. ll.11 ll lCa llIV1 L, Li llr "IJ U0.�' iJ C:IIVU will [1VL JlCl1L l.illlll l[IG
delineation has been submitted to or completed by the Corps; as appropriate;
(6) If the proposed activity will result in the loss of greater than 1/10-acre of
wetlands and a PCN is required, the prospective permittee must submit a statement
describing how the mitigation requirement will be satisfied, or explaining why the
adverse environmental effects are no more than minimal and why compensatory
mitigation should not be'required. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(7) For non -Federal permittees, if any listed species or designated critical habitat
might be affected or is in the vicinity of the activity, or if the activity is located in designated
critical habitat, the PCN must include the name(s) of those endangered or threatened species
that might be affected by the proposed activity or utilize the designated critical habitat that
might be affected by the proposed activity. For NWP activities that require pre -construction
notification, Federal permittees must provide documentation demonstrating compliance with
the Lndangered Species Act;
(8) For non -Federal permittees, ifthe NW1' activity might have the potential to
cause effects to a historic property listed on, determined to be eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must state
which historic property might have the potential to be affected by the proposed activity or
include a vicinity map indicating the location of the historic property. For NWP activities that
require pre -construction notification, Federal permittees must provide documentation
demonstrating compliance with section 106 of the National Historic Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic
River System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, the PCN must identify the
Wild and Scenic River or the "study river" (see general condition 16): and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C.
408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of
Engineers federally authorized civil works project, the pre -construction notification must
include a statement confirming that the project proponent has submitted a written request for
section 408 permission from the Corps office having jurisdiction over that USACE project.
(c) Form of Pre -Construction Notification: The standard individual permit
application f-orm (Form FNG 4345) may be used, but the completed application form must
clearly indicate that it is an NWP PCN and must include all of the applicable information
required in paragraphs (b)(I ) through (10) of this general condition. A letter containing the
required information may also be used. Applicants may provide electronic files of PCNs and
13

• 0
supporting materials if the district engineer has established tools and procedures for electronic
submittals.
(d) Agency Coordination: (1) The district engincer will consider any comments
from Federal and state agencies concerning the proposed activity's compliance with the terms
and conditions of the NWI's and the need for mitigation to reduce the activity's adverse
environmental effects so that they are no more than minimal.
(2) nge;lCy 'Oo rcl;n'ut;on i5 re���L ed 1C 1 1") cl 1 IMI air` Ut IL;es bias require 1
it e-
construction notification and result in the loss of greater than 1/2-acre of waters of the United
States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -
construction notification and will result in the loss of greater than 300 linear feet of stream
bed; (iii) NWP 13 activities in excess of500 linear feet, fills greater than one cubic yard per
running foot, or involve discharges ofdredged or fill material into special aquatic sites; and
(iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than
30 feet from the mean low water line in tidal waters or the ordinary high water mark in the
Great Lakes.
(3) When agency coordination is required; the district engineer will immediately
provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a
copy o f the complete PCN to the appropriate Federal or state offices (FWS, slate natural
resource or water quality agency,. EPA, and, il'appropriale, the NMFS). With the exception of
NWI' 37, these agencies will have 10 calendar days from the date the material is transmitted to
notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to
provide substantive, site -specific comments. The comments must explain why the agency
believes the adverse environmental effects will be more than minimal. 1 f so contacted by an
agency, the district engineer will wait an additional 15 calendar days belore making a decision
on the pre -construction notification. The district engineer will fully consider agency comments
received within the specified time frame concerning the proposed activity's compliance with
the terms and conditions of the NWPs, including the need for mitigation to ensure the net
adverse environmental effects of the proposed activity are no more than minimal. The district
engineer will provide no response to the resource agency, except as provided below. The
district engineer will indicate in the administrative record associated with each pre -construction
notification that the resource agencies' concerns were considered. For NWP 37, the emergency
watershed protection and rehabilitation activity may proceed immediately in cases where there
is an unacceptable hazard to life or a significant loss of property or economic hardship will
occur. The district engineer will consider any comments received to decide whether the NWP
37 authorization Should be modified; suspended, or revoked in accordance with the procedures
at 33 CPR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NNVIFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by section 305(b)(4)(13) of the
Magnuson -Stevens Fishery Conservation and Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or
multiple copies of pre -construction notifications to expedite agency coordination.
DISTRICT ENGINEER'S DECISION
1. In reviewing the PCN for the proposed activity, the district engineer will
determine whether, the activity authorized by the NWP will result in more than minimal
14

• 0
individual or cumulative adverse environmental effects or may be contrary to the public
interest. ]f a project proponent requests authorization by a specific NWP, the district engineer
should issue the NWP verification for that activity if it meets the terms and conditions of that
NWP, unless he or she determines, after considering mitigation, that the proposed activity will
result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority to
require an individual permit for the proposed activity. For a linear project, this determination
will include an evaluation of the individual crossings of waters of the United States to
determine whether they individually satisfy the terms and conditions of the NWP(s), as well as
the cumulative effects caused by all of the crossings authorized by NWP. If an applicant
requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise
applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54,
the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in only minimal individual and cumulative adverse environmental effects.
For those N Ps that have a waivaale 300 !]near foot limit for losses ofintermittent and
ephemeral stream bed and a 1/2-acre limit (i.e., NWI's 21, 29, 39, 40, 42, 43, 44, 50, 51, and
52). the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional
waters and wetlands, cannot exceed 1/2-acre.
2. When malting minimal adverse environmental effects determinations the district
engineer will consider the direct and indirect effects caused by the NWP activity. He or she
will also consider the cumulative adverse environmental effects caused by activities authorized
by NWP and whether those cumulative adverse environmental effects are no more than
minimal. The district engineer will also consider site specific factors, such as the
environmental setting in the vicinity of the NWP activity, the type of resource that will be
affected by the NWP activity, the functions provided by the aquatic resources that will be
affected by the N W I' activity, the degree or magnitude to which the aquatic resources perform
those functions, the extent that aquatic resource functions will be lost as a result of the NWP
activity (e.g., partial or complete loss), the duration ofthe adverse effects (temporary or
permanent), the importance of the aquatic resource functions to the region (e.g., watershed or
ecoregion), and mitigation required by the district engineer. 1 Can appropriate functional or
condition assessment method is available and practicable to use, that assessment method may
be used by the district engineer to assist in the minimal adverse environmental effects
determination. The district engineer may add case -specific special conditions to the NWP
authorization to address site- specific environmental concerns.
3. If the proposed activity requires a 1]CN and will result in a loss of greater than
I/I0-acre of wetlands, the prospective permittee should submit a mitigation proposal with the:
PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller
impacts, or for impacts to other types of waters (e.g., streams). The district engineer will
consider any proposed compensatory mitigation or other mitigation measures the applicant has
included in the proposal in determining whether the net adverse environmental cf'fects of the
proposed activity are no more than minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer detennines that the activity complies with
the terms and conditions of the NWP and that the adverse environmental effects are no more
uiau iiiiiliiiiul, nlLcl LoiiswV_l ulg iiiiiigaiioi"y ul�, ulatriCt %ngiiicer ivlu rloiuy ulc perliliitee ailu
15

include any activity -specific conditions in the NWP verification the district engineer deems
necessary. Conditions for compensatory mitigation requirements must comply with the
appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final
mitigation plan before the permittee commences work in waters of the United States, unless the
district engineer determines that prior approval of the final mitigation plan is not practicable or
not necessary to ensure timely completion of the required compensatory mitigation. If the
prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district
engineer will expeditiously review the proposed compensatory mitigation plan. The district
engineer must review the proposed compensatory mitigation plan within 45 calendar days of'
receiving a complete PCN and deterrnine whether the proposed mitigation would ensure the
AT[iln .. ,,.:. .:+... ,,..I.,, :.. «,. .1.... .__:...:.__,.1 ,. .1..,..... .. ..�..: ..l.._.__,_._.._t-C['---.- IC.I- - -. _. A - - - -- - -'
1V VV1 actIvIL�' results in no 1l1VlG UIQI] Illllltlll[11 [IUVC:IJG U11VI1V11111G1ILQl GIIUULJ. ll USU JIUL ULLVG1>C
environmental effects of the NWP activity (after consideration of the mitigation proposal) are
determined by the district engineer to be no more than minimal, the district engineer will
provide a timely written response to the applicant. The response will state that the NWP activity
can proceed under the terrrnls and conditions of the NWP, including any activity -specific
conditions added to the NWP authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of'the
proposed activity are more than minimal, then the district engineer will notify the applicant
either: (a) that the activity does not qualify for authorization under the NWP and instruct the
applicant on the procedures to seek authorization under an individual permit; (b) that the
activity is authorized under the NWP subject to the applicant's submission of'a mitigation plan
that would reduce the adverse environmental effects so that they are no more than minimal; or
(c) that the activity is authorized under the NWP with specific modifications or conditions.
Where the district engineer determines that mitigation is required to ensure no more than
minimal adverse environmental effects, the activity will be authorized within the 45-day PCN
period (unless additional time is required to comply with general conditions 18, 20, and/or 31,
or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity -specific
conditions that state the mitigation requirements. The authorization will include the necessary
concenlim] nr nets lerl miliontion nlnn nr sL rc-cmiromP.nt thstt thew apnlicant eilhn�it ;1 milicssTtinn
-
-----V-- -- ------ -- --- - - - - --a---' - -- r----- -- - ---1---- -------- ----.- --.- --,- -.1--..- -._'- _- ....-.a--.,. �...
plan that would reduce the adverse environmental effects so that they are no more than
minimal. When compensatory mitigation is required, no work in waters of the United States
may occur until the district engineer has approved a specific mitigation plan or has determined
that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory miiigation.
FURT"ER INFORMATION
1. District I-7ngineers have authority to determine if an activity complies with the
terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals; or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NW1's do not authorize any injury to the property or rights of`
others.
5. NWPs do not authorize interference with any existing or proposed Federal
project (see general condition 31).
16

0
DEFINITIONS
Best management practices (BMPs): Policies, practices; procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
From development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation);
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with same maintenance, but not so degraded
as to eSseiiiialiy require reconstruk-iivi,.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material
into waters of -the United States.
Ecological relerence: A model used to plan and design an aquatic habitat and
riparian area restoration, enhancement; or establishment activity under NWP 27. An ecological
reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a
riparian area type that currently exists in the region where the proposed NWP 27 activity is
located. Alternatively; an ecological reference may be based on a conceptual model for the
aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of
the proposed NWP 27 activity. An ecological reference takes into account the range of
variation of the aquatic habitat type or riparian area type in the region.
Enhancement: The manipulation of the physical, chemical, or biological
characteristics ofan aquatic resource to heighten, intensify, or improve a specific aquatic
resource function(s). I nhancement results in the gain of selected aquatic resource f inction(s),
but may also lead to a decline in other aquatic resource funetion(s). Enhancement does not
result in a train in aquatic resource area.
Ephemeral stream_: An ephemeral stream has flowing water only during, and for a
short duration after, precipitation events in a typical year. Ephemeral stream beds are located
above the water table year-round. Groundwater is not a source of water for the stream. Runoff
from rainfall is the primary source of water for stream flow.
Lstablishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
High Tide Hine: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
of actual data; by a line of oil or scum along shore objects, a more or less continuous deposit of
fine she]] or debris oil the foreshore or berm; other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the general height reached
by a rising tide. The line encompasses spring high tides and other high tides that occur with
periodic frequency but does not include stone surges in which there is a departure from the
normal or predicted reach of the tide due to the piling tip of -water against a coast by strong
winds such as those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
17

Register of I-f istoric Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent -utility: A test to determine what constitutes a single and complete non-
linear project in the Corps Regulatory Program. A project is considered to have independent
utility if'It would be constructed absent the construction of other projects in the project area.
Portions of a multi -phase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were
not built can be considered as separate single and complete projects with independent utility.
I ndirect Cl .;cts. r],iccis that are caused by tiic activity and are Later ill time or farther
removed in distance, but are still reasonably foreseeable,
Intermittent stream: An intermittent stream has flowing water during certain times of
the year, when groundwater provides water for stream flow. During dry periods, intermittent
streams may not have flowing water. Runoff from rainfall is a supplemental source offwater for
stream flow.
Loss of waters of the United Slates: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation; or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of' dredged or fill material that change
an aquatic area to dry land; increase the bottom elevation offa waterbody, or change the use of a
waterbody. The acreage of- loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the acres or
linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters
of the United States temporarily filled, flooded, excavated, or drained, but restored to prc-
construction contours and elevations after construction, are not included in the measurement of
loss of waters of the United States. Impacts resulting from activities that do not require
Department of the Army authorization, such as activities eligible for exemptions under section
404(f] of the Clean Water Act; are not considered when calculating, the loss off waters of the
United States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of
1899. These waters are defined at 33 CFR part 329.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. Non -tidal wetlands contiguous to tidal waters are located landward of the
high tide line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns off precipitation has water flowing or standing above ground to the extent that
an ordinary high water mark can be determined. Aquatic vegetation within the area off flowing
or standing water is either non -emergent, sparse, or absent. Vegetated shallows are considered
to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary Himh Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas.
Perennial stream: A perennial stream has flowing water year-round during a typical
year. The water table is located above the stream bed for most of the year. Groundwater is the
is

primary source of'watcr for stream flow. Runoff from rainfall is a supplemental source of
water for stream flow.
Practicahle: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of'overall project purposes.
Pre -construction notification. A request submitted by the project proponent to the
Corps For confirmation that a particular activity is authorized by nationwide pert -nit. The request
nerintt anniteat,nn retter nr �tmllar de?: at ,,it ti,„4 nl„ tnc �l` ,r naIt;r 1-oti thy,
ennt that, includes iii�vni�iu L u1" ui ��w
proposed work and its anticipated environmental effects. Pre -construction notification may be
required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -
construction notification may be voluntarily submitted in cases where pre -construction
notification is not required and the project proponent wants confirmation that the activity is
authorized by nationwide permit.
]'reservation: The removal of a threat to, or preventing the decline of, aquatic
resources by an action in or near those aquatic resources. This term includes activities
commonly associated with the protection and maintenance of aquatic resources through the
implementation ofappropriate legal and physical mechanisms. Preservation does not result in a
gain of aquatic resource area or functions.
Protected tribal resources: "those natural resources and properties of traditional or
customary religious or cultural importance, either on or off Indian lands, retained by, or
reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders,
including tribal trust resources.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of repairing natural/historic functions to a degraded
aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not
result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics
ol'a site with the goal of returning natural/historic functions to a former or degraded aquatic
resource. For the purpose of -tracking net gains in aquatic resource area; restoration is divided
into two categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under
the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient
sections of streams. Such stream sections are recognizable by their hydraulic characteristics.
The rapid movement of water over a course substrate in riffles results in a rough flow, a
turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas
associated with riffles. A slower stream velocity, a streaming flow; a smooth surface, and a
finer substrate characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine- marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)
19

Shellfish scedin): The placement of shellfish seed and/or suitable substrate to
increase shellfish production. Shellfish seed consists of immature individual shellfish or
individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate
may consist of shellfish shells, shell fragments, or other appropriate materials placed into
waters I'or shellfish habitat.
Single and complete linear project: A linear project is a project constructed for the
puurpoee of gett,ng people, `g'oodu vices from a � t 1 n.•igr.� In e Ic.rmi.v.l 1 ni. f l C
/Dili- V1 VIl III LV U L\ II11 I1 UI JV II II, YV III Ll
often involves multiple crossings of'one or more waterbodies at separate and distant locations.
The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of
owners/developers that includes all crossings of a single water of the United States (i.e., a
single waterbody) at a specific location. For linear projects crossing a single or multiple
waterbodies several times at separate and distant locations, each crossing is considered a single
and complete project for purposes of NWP authorization. However, individual channels in a
braided stream or river, or individual arms of. large, irregularly shaped wetland or lake, etc.,
are not separate waterbodies, and crossings of such features cannot be considered separately.
Single and complete non -linear project: For non -linear projects, the term "single and
complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished
by one owner/developer or partnership or other association of owners/developers. A single and
complete non -linear project must have independent utility (see definition of "independent
utility"). Single and complete non -linear projects may not be "piecemcaled" to avoid the limits
in an NWP authorization.
Storrwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of'reducing downstream/ erosion, water quality
degradation, and flooding and mitigating the adverse effects of'changes in land use on the
aquatic environment.
Stormwater management facilities: Stormwater management facilities are those
facilities, including but not limited to, stomnwater retention and detention ponds and best
management practices, which retain water for a period of'time to control runoff and/or improve
the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances
and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water
marks. The substrate may be bedrock or inorganic particles that range in size from clay to
boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks,
are not considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity,
or location that causes more than minimal interruption of normal stream processes. A
channelized stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. 1?xamples
of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef,
permanent mooring structure, power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or obstruction.
"Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal
waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the
gravitational pulls of the moon and sun. Tidal waters end where the rise and fiill of the water
20

surface can no longer be practically measured in a predictable rhythm due to masking by other
waters; wind, or other effects. "tidal wetlands are located channelward of the high tide line.
hribal lands: Any lands title to which is either: 1) held in trust by the United States
for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual
subject to restrictions by the United States against alienation.
Tribal rights: "Those rights legally accruing to a tribe or tribes by virtue of inherent
sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive
order or agreenlent, and that give rise to legally enforceable remedies.
Ve -,e tated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently Inundated and under normal C►rCLIMStanOCS
have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a
variety of vascular rooted plants in freshwater systems.
_Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of- the
United States. If a wetland is adjacent to a waterbody determined to be a water of the United
States, that waterbody and any adjacent wetlands are considered together as a single aquatic
unit (see 33 CFR 328.4(c)(2)). E'xamplcs of "waterbodies" include strearns, rivers, lakes, ponds,
and wetlands.
21

•
FINAL 2017 REGIONAL CONDITIONS
NOTICE ABOUT PVEB LINKS' IN TIIIS DOCUiVIENT:
The web links (both internal to our Wilmington District and any external links to collaborating
agencies) in this document are valid at the time of publication. However, the Wilndnn rton
District Regulator Program ii eb page addresses, cis with other agency web sites, may change
over the time ume of the five-year Nationwide Permit renewal cycle, in response to policy
n1C117dCitL'.s ortL'Ch11aJlOg'y advances. TPhile 1ve will inake every effort to checkon the integrity Of
our web links and provide re -direct pages whenever possible, we ask that you report any broken
links to its so we can keel) the page inf)rniation current and usable. We apologize in advanced
for any broken links that you inay encounter, and we ask that you navigate from the Regulatorly
home page (Regulatory Perinit Program Wetlands and Streatns) Uf the Wilmington District
Corps of Engineers, to the ''Permits" section of our web site to find links fbr pages that cannot
be found by clicking directly on the listed web link in this document.
Final 2017 Relzional Conditions for Nationwide Permits (NWP) in the Wilmington District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fishcrics
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWIZC) as anadromous fish
spawning areas are excluded during the period between February 15 and .lone 30, without prior
written approval from the Corps and either NCDMF or NCWRC.
1.2 Trout Waters Moratorium
Waters of'the United Statcs in the designated trout watersheds of North Carolina are excluded
during the period between October 15 and April 15 without prior written approval from the
NCWRC, or from the Eastern Band of Cherokce Indians (hBCI) Fisheries and Wildlife
Management (I'WNI) office il'the project is located on EBCI trust land. (See Section 2.7 for
information on the designated trout watersheds).
1.3 Sturgeon Spawning; Areas as Designated by the National Marine Fisheries Service
(NM FS)
Waters of�the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the NMI'S.
22

•
2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWPs. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
For proposed activities within waters of the United States that require a Prc-Construction
Notification (PCN) and are located in the sixteen counties listed below, permittees must provide
a copy of the PCN to the U.S. Dish and Wildlife Service (USl' WS), 160 %ilhcoa Street,
Asheville, North Carolina 28801. This PCN must be sent concurrently to the U.S. Dish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to the Endangered Species Act and the below
wcbsite for information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville U.S. Fish and Wildlife Service: Avery, Cherokee, Forsyth, Grallalll, Haywood,
Henderson, Jackson, Macon, Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Websitc and office addresses for Endangered Species Act Information:
The The Wilmington District has developed the following website for permittees which provides
guidelines on how to review linked websites and maps in order to fulfill NWP General Condition
18 requirements:
llttpa/www.saw.usace.arniy.mil/Misslblls/IZe guy latoryPenliitl'ro 3r im/Ay-eiic,yCoordination/ESA.a
Perinittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife
Service off -ices listed below or Corps at [phone]:
Asheville U.S. Dish and Wildlife Service Office counties: All counties west ofand including
Anson, Stanly, Davidson, Forsythe and Stokes Counties.
U.S. Fish and Wildlife Service
Asheville Field Office
160 %iIIicoa Street
Asheville, NC 28801
Telephone: [phone]
Raleigh U.S. Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
23

Raleigh, NC 27636-3726
"Telephone: [phone]
2.2 Special Designation Waters
Prior to the use of any NWP, except NWP 3, that involves a discharge of'dredged or fill material
in any of the following identified waters and/or adjacent wetlands in North Carolina, permittees
shall submit a PCN to the District Engineer prior to commencing the activity (see General
Condition 32). The North Carolina waters and wetlands that require additional notification
requirements arc:
"Outstanding Resource Waters"' (ORW) or "High Quality Waters" (HQW) as designated by the
North Carolina Environmental Management Commission; "Primary Nursery Areas" (PNA),
including inland PNA, as designated by the North Carolina Marine Fisheries Commission and
the NCWRC; or wetlands adjacent to these waters. Definitions of'ORW, HQW and PNA waters
can be found in the North Carolina State Administrative Code, Title 15A, Subchapters 213 and
IOC (15A NCAC 0213, 15A NCAC IOC) and at the following World Wide Web page:
http://reports.oali.statc.ne. us/neac.asp?folderNamc=\'Title`/`2015A°/a20-
%201-'-nvirontnental%20 ualit &lookU Error=15A%20NCAC%20000%20. Surface water
classifications for waters in North Carolina can be viewed at the North Carolina Division of
Water Resources website or at the f-ollowing World Wide Web Page:
https.//deq.nc. o�out/divisions/water-restttrrces/plannin Yclassification-
standards/classi fications
Perrnittees who do not have internet access may contact the Corps at (910) 251- 4633.
2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non-federal permittees for any NWP in a designated "Area of Environmental Concern" (AI�C)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA) must also obtain the required CAMA permit. Development
activities for non-federal projects may not commence until a copy of the approved CAMA permit
is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office — 69 Darlington Avenue; Wilmington, NC 28403, [phone] or Washington Field
Office — 2407 West 5th Street, Washington, NC 27889, [phone]).
2.4 Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, permittees must submit a PCN
to the District Engineer prior to commencing the activity (see General Condition 32).
2 G 1V.d-11ntain or hindniont Bogs
Prior to the use ofany NWP in a Bog, as classified by the North Carolina Wctland Assessment
Methodology (NCWAM), permittees shall submit a PCN to the District Engineer prior to
l.ommellclr lb Llle alai VI Ly (see General Conndition 32). The latest version of INC vv�AM call Ue
24

viewed on the Corps RII3ITS (Regulatory In -lieu Fec and Bank Information Wracking System)
website or at the following World Wide Web Page:
https://ribitS.usace.army.inil/ribits apex/l'?p=107:27:0::NO:::
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the United
States, including wetlands, permittees shall submit a PCN to the District langineer prior to
commencing the activity (see General Condition 32).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams, waterbodies or wetlands within the
294 designated trout watersheds of North Carolina, the permittce shall submit a PCN (see
General Condition 32) to the District I.ngineer prior to commencing the activity, unless other
thresholds are established in the Regional Conditions in Section 4 (Additional Regional
Conditions for Specific Nationwide Permits). The permittce shall also provide a copy of the
notification to the appropriate NCWRC office, or to the [EBCI FWM Office (if the project is
located on [EBCI trust land), to facilitate the determination ofany potential impacts to designated
']'rout Waters.
Notification to the Corps will include a statement with the name of the NCWRC or Ef3Cl FWM
biologist contacted, the date of�the notification, the location of work, a delineation of wetlands
and waters, a discussion of�afternatives to working in the mountain trout waters, why alternatives
were not selected, and, ifsapplicable, a plan to provide compensatory mitigation for all
unavoidable adverse impacts to mountain trout waters.
NCWRC and NC "Trout Watersheds:
NCWRC Contact**
Counties that are
entirely within Trout
Watersheds*
Counties that are
partially within Trout
Watersheds*
Mountain Coordinator
Alleghany
Jackson
Burke
McDowell
13nlsam Depot
AshP
Mmmn
B,imombe
Mitchell
20830 Great Smoky
Avery
Swain
Caldwell
Polk
Mountain [Expressway
Graham
Transylvania
Cherokee
Rutherford
Waynesville, NC 28786
Haywood
Watauga
Clay
Surry
Telonhom— (R?R) S5K_Afll 1
i-Iende.rson
1,rU, illeo':
Madison
Yancey
l"or NCDOT Projects:
,.
a:11aLul
206 Charter. Street
Albemarle, NC 28001
Telephone: [phone]
I
I
I
I
25

*NO"1'1-: To determine notification requirements, contact the Corps Asheville Regulatory field
Office at [phone] or view maps for each County at the following World Wide Web page:
h11n•//www s,iw nsart� ,rrmv millMi��innc/t2flnnl�tnrv-VFnnit-PrnQram/�v�nr.v-
CoordinationlTroutl.
**If a project is located on EBCI trust land, Submit the PCN in accordance with Section 3.14.
Contact the Corps Asheville Regulatory Field Office at [phone] with questions.
2.8 Western NC Waters and Corridors
The permittec shall submit a PCN (see General Condition 32) to the District 17-�ngineer prior to
commencing the activity in waters of the United States if the activity will occur within any of the
following identified waters in western North Carolina, within 0.5 mile on either side of these
waters, or within 0.75 mile of the Little Tennessee River, as measured from the top of the bank
of the respective water (i.e., river, stream, or creek):
Brasstown Creek
Burningtown Creek
Cane River
Caney Fork
Cartoogechaye Creek
Chattooga River
Cheoah River
Cowee Creek
Cullasaja River
Deep Creek
F-Ilijay Creek
French Broad River
Garden Creek
1-liwassee River
Hominy Creek
lotla Creek
Little "Tennessee River (within the river or within 0.75 mile on either side ofthis river)
Nantahala River
Nolichucky River
North fork French Broad River
North "hoe River
Notticy River
Oconaluftee River (portion not located on trust/1-13Cl land)
Peachtree Creek
Shooting Creek
snniuhir-r1 (-rook
South Toe River
Stecoah Creek
Swannanoa River
Sweetwater Creek
26

• 0
Tuckasegee Rivcr (also spelled Tuckaseegec or 'i'uckaseigee)
Valley River
Wni.mom Creek
..-------iJ-- `-- - - --
Watauga River
Wayah Creek
West Fork Prench Broad River
To determine notification requirements, contact the Corps Asheville Regulatory Field Office at
[phone] or view maps For all corridors at the following World Wide Web page:
http://www.saw.Lisace.,iriiiy.mi]/Missions/Re ,ulatory-Permit. Program/A >ei� _lcy-
Coordination/Designated-Special-Waters.aspx
3.0 List of Corps Regional Conditions for All Nationwide Permits
The rollowing conditions apply to all Nationwide Permits in the Wilmington District:
3.1 Limitation of Loss of Stream lied
NWPs may not be used for activities that may result in the loss or degradation of more than 300
total linear feet of stream bed, unless the District Engineer has waived the 300 linear Foot limit
for ephemeral and intermittent streams on a case -by -case basis and has determined that the
proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic
environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and
documented by appropriate/accepted stream quality assessments*. This waiver only applies to
the 300 linear Fect threshold for NWPs.
This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions).
*NOTI-: Permittees should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
https://ribits.usace.army.mil/ribits apex/I'?p=107:27:0::NO:::
3.2 Mitigation for Loss of Stream Bed
For any NWP that results in a loss of more than 150 linear feet of'stream, the permittee shall
provide a mitigation proposal to compensate for more than minimal individual and cumulative
adverse impacts to the aquatic environment. For stream losses of' 150 linear feet or less that
require a PC'N- the Dislrici F.mi'lneer mnv determine- nn a ca.e-hy-case hasis that compon minry
mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic
environment.
3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream, intermittent or ephemeral stream, the permittee shall submit a PCN to the
District Engineer prior to commencing the activity (see General Condition 32). This applies to
27

NWI's that do not have specific notification requirements. If a NWP has specific notification
requirements, the requirements of the N WP should be followed.
3.4 Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, live or fresh concrete,
;r;elud;:.g bats ofiincured ei nerete, inay i:otinto taet'VVILh the -Cjter iii or ciiteriii`6�' into
waters of the United States. Water inside coffer dams or casings that has been in contact with
wct concrete shall only be returned to waters ofthe United States after the concrete is set and
cured and when it no longer poses a threat to aquatic organisms.
3.5 Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Where bank stabilization is conducted as part of an activity, natural design, bioengineering
and/or geoengineering methods that incorporate natural durable materials, native seed mixes, and
native plants and shrubs are to be utilized to the maximum extent practicable.
3.5.2. filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed
or "keyed" into the bank of the waterbody. A waiver from the specifications in this Regional
Condition may be requested in writing. The waiver will only be issued i f it can be demonstrated
that the impacts of complying with this Regional Condition would result in greater adverse
impacts to the aquatic environment.
3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.4. The riprap material shall be clean and Free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.5. It shall be of a sire sufficient to prevent its movement from the authorized aliunment by
natural forces under normal conditions.
3.5.6. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
3.6 Requirements for Culvert Placement
3.6.1 hor all NW11s that involve the construction/installation of culverts, measures will be
included in the construction/installation that will promote the safe passage of fish and other
aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or
culvert should not be modified by altering the width or depth of the stream profile in connection
with the construction activity. The width, height, and gradient of a proposed culvert should be
28

I • •
sufficient to pass the average historical low flow and spring flow without adversely altering flow
velocity. Spring flow is the seasonal sustained high flow that typically occurs in the spring.
Spring Ilows should be determined from gage data; if available. In the absence of'such data,
bank -full flow can be used as a comparable indicator.
In ublic Trust Areas of' Environmental Concern (AEC) and/or the I'stuarine Waters AEC as
ul i �pn�ilru� i-w flip C —io ,J A ,-: ,, nA•µh «r.,..���r,.-�t A r.l /(-'AAA A 1• A I I I.,., rt�. f 1..�
l.b,.1.1.,.. v.Y uw vvu i«. bw w 11Vt ,ti i 11141 V f. ! 1L pipes# � Lu vc is must ble
sufficiently sired to allow for the burial of the bottom of the culvert at least one foot below
normal bed elevation.
Circular
.Cul.vbrt<,-
�6,
d
I nip'ert
meter)
In all other areas: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried to maintain
aquatic passage and to maintain passage during drought or low flow conditions, and every effort
shall he Inane to maintain the existino r•.hannel clone
- --------- ---------------- ---- ---------a ----------. --,-V-•
Culverts must be designed and constructed in a manner that minimizes destahilization and head
cutting. Destabilizing tine channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A waiver from the depth specifications in this condition may be requested, in writing, by the
permittee and issued by the Corp; this request must be specific as to the reasons(s) for the
request. The waiver will be issued if it can be demonstrated that the proposed design would
result in less impacts to tine aquatic environment.
All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
29

0 •
Culverts placed across wetland fills purely for the purposes of equalizing surf -ace water do not
have to be buried; but the culverts must be of adequate size and/or number to ensure unrestricted
transmission of water.
3.6.2 Bank -full flows (or less) shall be accommodated through maintenance ofthe existing bank -
full channel cross sectional area. Additional culverts or culvert barrels at such crossings shall be
"Iln led
u 11V YY y�1 only o-14cL+-\.i1 —YLi b tnk--F-LI11I1I flow] .
Approach Fill
Roadway
i
Baffief Streaxti
Blockage Bottom
Culvertbuxied
belowstreambed
to appropriate
depth (ifrequimd).
3.6.3 Where adjacent floodplain is available, flows exceeding bank -full should be accommodated
by installing culverts at the floodplain elevation. Additional culverts or culvert barrels at such
crossings should not be buried, or if buried, must have sills at the inlets to ensure that they only
receive flows exceeding bank -full.
3.6.4 Excavation of'existing stream channels shall be limited to the minimum necessary to
construct or install the proposed culvert. The final width of the impacted stream at the culvert
inlet and outlet should be no greater than the original stream width. A waiver from this condition
may be requested in writing; this request must be specific as to the reason(s) for the reducst. The
waiver will be issued if the proposed design would result in less impacts to the aquatic
environment and/or if it can be demonstrated that it is not practicable to restore the final width of
the impacted stream at the culvert inlet and outlet to the width of the original stream channel.
3.6.5 The width of the culvert shal l be comparable to the width of -the stream channel. I f the
width of the culvert is wider than the stream channel, the culvert shall include baffles, benches
and/or sills to maintain the width of the stream channel. A waiver from this condition may be
requested in writing; this request must be specific as to the reason(s) for the request. The waiver
will be issued if it can be demonstrated that it is not practicable or necessary to include baffles,
benches or sills and the design would result in less impacts to the aquatic environment.
3.7 Notification to NCDEQ Shellfish Sanitation Section
Pcrmittecs shall notify the NCD11Q Shellfish Sanitation Section prior to dredging in or removing
sediment from an area closed to shell fishing where the effluent may be released to an area open
for shell fishing or swimming in order to avoid contamination from the disposal area and cause a
temporary shellfish closure to be made. Such notification shall also be provided to the
appropriate Corps Regulatory Field Office. Any disposal of sand to the ocean beach Should
occur between November 1 and April 30 when recreational usage is low. Only clean sand
30

should be used and no dredged sand from closed shel l fishing areas may be used. I f' beach
disposal were to occur at times other than stated above or il'sand from a closed shell fishing area
is to he used a svhnniino _idV*-,nry sl-all hr nnsted and a nrFss roh-.oze sh,Ill he iccL!ed by the
permittee.
3.8 Submerged Aquatic Vegetation
Impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP, except NWP
48, unless EF I-1 ConSUltation has been completed pursuant to the Magnuson -Stevens Fisheries
Conservation and Management Act (Magnuson -Stevens Act). Permittees shall submit a PCN
(See NWP General Condition 32) to the District Engineer prior to commencing the activity i f the
project would affect SAV. The permittee may not begin work until notified by the Corps that the
requirements of the Magnuson -Stevens Act have been satisfied and that the activity is
authorized.
3.9 Sedimentation and Erosion Control Structures and Measures
All PCNs will identify and describe sedimentation and erosion control structures and measures
proposed for placement in waters of the United States. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.
3.10 Restoration of Temporary Impacts to Stream Beds
Upon completion of work that involves temporary stream impacts, streambeds are to be restored
to pre -project elevations and widtlis using natural streambed material such that the impacted
stream reach mimics the adjacent upstream and downstream reach. The impacted area shall be
backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth
of the impacted area if sliallower than 12 inches. An engineered in -stream structure or material
can be used to provide protection of a buried structure if it provides benefits to the �IgLlatic
environment and can be accomplished by a natural streambed design. A permittee may request a
waiver ol'this condition if it is determined a buried structure needs significant physical protection
beyond those provided in this condition. This condition does not apply to NWP 27 — Aquatic
Habitat Restoration, Enhancement, and Establishment Activities.
3.11 Restoration of Temporary Impacts to Stream Banks
l_Inon completion of work involving lomnnr_Iry stream hank imparts strearn hanks are to he
restored to pre -project grade and contours or beneficial grade and contours if the original bank
slope is steep and unstable. Natural durable materials, native seed mixes, and native plants and
shrubs are to be utilized in the restoration. Natural designs which use bioengineered and/or geo-
engineered methods are to be applied. An engineered structure or material can be used to provide
protection of a buried structure if it provides benefits to the stream bank environment, provided it
is not in excess of the minimum amount needed l-or protection and does not exceed an average of
one cubic yard per running f-oot placed along the bank below the plane of the ordinary high water
mark. A permittee may request a waiver of this condition if it is determined a buried structure
31

6f •
needs significant physical protection beyond those provided in this condition. This condition
does not apply to NWP 27 — Aquatic Habitat Restoration, Enhancement, and Establishment
Activities.
3.12 Federal Navigation Channel Setbacks and Corps Easements
3.12.1 Authorized structures and Fills located in or adjacent to Federally authorized waterways
will be constructed in accordance with the latest setback criteria established by the Wilmington
District Engineer. You may review the setback policy at
littp://www.saw.usace.armv.miI/Missions/Navigation/Setb,icks.asL)x. "Phis general permit does
IWL aurllorl/_e the construction of hardened or perinaneIllly IIXCU Sti-L1ctUres 1 thin Lne rellcrally
Authorized Channel Setback, unless the activity is approved by the Corps. The purnittee shall
SUbmlt a PCN (see General Condition 32) to the District Engineer prior to the construction ofany
structures or fills within the Federally Authorized Channel Setback.
3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps casement and/or
prior to commencing construction of any structures; authorized dredging or other work within the
right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: SAWWeb-NAV a, usace.army.mil
3.13 Northern Long-eared Rat — Endangered Species Act Compliance
The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States
Fish and Wildlife Service (USFWS) in regards to the threatened Northern long-eared but
(NL1313) (Mjwlis seplenlrionalis) and Standard Focal Operating Procedures for 1ndangered
Species (SLOPES) have been approved by the Corps and the USFWS. "['his condition concerns
effects to the N1,EI3 only and does not address effects to other federally listed species and/or
f-ederally designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for it project:
The permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to include non-
federal aid North Carolina Department of "Transportation (NCDOT) projects, OR;
• the project is located in the 59 eastern counties ol'North Carolina, and is a non-
NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the project
is not being funded by a federal entity, the Corps will be the lead federal agency due to the
requirement to obtain Department of the Army authorization to impact waters of the United
States. If the project is located on federal land, contact the Corps to determine the lead
federal agency.
32

0
(1) A permittee using; a NWP must check to see iftheir project is located in the range of
the NLF.B by using the following website:
http://www.fws.�oviniidwest/endan�,,ered/mammals/pleb/pdf/WNSZone.pdf, If the
project is within the range of the NLEB, or if the project includes percussive activities
(e.g., blasting, pile driving, etc.), the permittee is then required to check the appropriate
website in the paragraph below to discover if their project:
• is located in a 12-digit Hydrologic Unit Code area ("red HUC"- shown as red areas
on the map), AND/OR, -
Involves percussive activities within 0.25 mile ofa red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fws.gov/asheville/litmis/protect _review/NLIH13_in_WNC.html. For the eastern
59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the
project location against the electronic maps found at:
httlis://www. f ws.gov/ralci�;li/N l,li�13_RFO.htnnl.
(2) A perntittec must submit a PCN to the District F ngineer, and receive written
authorization from the District Engineer, prior to commencing the activity, if the activity
will involve qLiy of the following:
• tree clearing/removal, construction/installation of wind turbines in a red HUC,
AND/OR;
bridge removal or maintenance, unless the bridge has been inspected and there is
no evidence of bat use, (applies anywhere in the range of the N1.,E13), AND/OR:
• percussive activities in a red HUC, or within 0.25 mile ofa red HUC.
The pernnittee may proceed with the activity without submitting a PCN to either the Corps
or the USF WS, provided the activity complies with all applicable NWP terms and general
and regional conditions, ifthe permittee's review Larder A.(1) and A.(2) above shows that
the project is:
located outside of a red HUC (and there are no percussive activities), and the
activity will NOT include bridge removal or maintenance, unless the bridge has
been inspected and there is no evidence of bat use, OR;
located outside of a red HUC and there are percussive activities, but the percussive
activities will not occur within 0.25-nnile ofa red HUC boundary, and the activity
will NOT include bridge removal or maintenance, unless the bridge has been
inspected and there is no evidence of' bat use, OR;
33

.•,
located in a red HUC, but the activity will NOW include: tree clearing/removal;
construction/installation of wind turbines; bridge removal or maintenance, unless
the bridge has been inspected and there is no evidence of bat use, and/or; a
percussive activities.
13. Procedures when the USACI? is not the lead federal agency:
For projects where another federal agency is the lead federal agency - if that other federal agency
has completed project -specific ESA Section 7(a)(2) consultation for the NL EE13, and has (I)
determined that the project would not cause prohibited incidental take of the NLl-13, and (2)
completed coordination/consultation that is required by the USFWS (per the directions on the
respective USFWS office's website), that project may proceed without notification to either the
USACE or the USFWS, provided all General and 1egional Permit Conditions are met.
The NLEB SLOPES can be viewed on the USACE websitc at the following World Wide Web
Page: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-Pro,ra� ni/A,cncy-
Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910)
251- 4633.
3.14 Work on Eastern Band of Cherokee Indians Land
All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee
Indians (II30) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must
comply with the requirements ofthe latest MOU between the Wilmington District and the
Eastern Band of -Cherokee Indians.
4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP 439 - Commercial and Institutional Developments
4.1.1 Discharges in perennial streams, intermittent streams and wetlands for stormwater
management facilities are prohibited under this NWP.
4.1.2 Recreational facilities that are incorporated into the commercial or institutional
development can be authorized by this NWP.
4.1.3 Discharges of dredged or fill material into waters of the United States, including; wetlands,
within the iloodway* resulting in permanent above -grade fills are not authorized by this NW11.
*NOTE: Floodway means the area designated and/or regulated by Federal, state, or local
requirements to provide for the discharge of the base flood so the cumulative increase in water
surface elevation is no more than a designated height identified by the regulating entity within
the 100-year floodplain.
34

41 . ....r 0
4.1.4 Discharges of dredged or fill material into waters of the United States; including wetlands,
within the mapped FF.MA 100-year f7oodplain resulting in permanent above -grade fills are not
authorized by this NWP.
4.1.5 This NWP may not be used to authorize discharges of'dredged or fill material into waters
of the United States that have been identified or designated by the State of North Carolina as:
Fligh Quality Waters (FIQW), including; only SA, PNA, WS-1 and WS-11 waters.
Coastal Wetlands as defined by North Carolina's Coastal Area Management Act.
Wetlands adjacent to these FIQW waters.
*NQ'1'13: Definitions of FIQW, SA, PNA, WS-I, WS-11 waters and Coastal Wetlands can be
found in the North Carolina State Administrative Code, Title 15A, Subehapters 213 and I OC
(I5A NCAC 0213, 15A NCAC I OC) and at the 1-61lowing; World Wide Web page:
http://reports.oah.state. ne.ushicac.asp? foIderName=VI'il le%2015 A%20-
20Cnvironmcntal%20Quality&:lookUpl�-'rror _15_A%20NCAC%20000%20. Surface water
classifications for waters in North Carolina can he viewed at the North Carolina Division of
Water Resources website or at the following link: https://deq.nc.fov/abotit/divisions/water-
resources/planning/class] fiication-standard s/classifications. Permittees who do not have internet
access may contact the Corps at (910) 251- 4633.
4.1.6 If'riprap stabilization is needed, it should be placed only on the stream banks, or, if it is
necessary to be placed in the stream bed, the finished top elevation of the riprap should not
exceed that of the original stream bed.
4.1.7 Utility lines authorized by this NWP shall comply with the terms and conditions, including
regional conditions, of NWP 12.
35

• 0
Wehner, Judy
From: Denton, Bill
Sent: Friday, August 03, 2018 4:47 PM
To: Wehner, Judy
Subject: 32-02 Durham Mine - IBEAM upload
Hi, Judy
Check out the stuff I uploaded to IBEAM and see if it is up to snuff. Have a good weekend.
William H. Denton, IV, PE
Regional Engineer — RRO
Division of Energy, Mineral, and Land Resources — Land Quality Section
Department of Environmental Quality
919 791 4200 office
[e-mail]
1628 Mail Service Center, Raleigh, North Carolina 27699
-- 'Nothing Compares----,.,—
- 01.
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.

Wehner, Judy
From:
Sent:
To:
Cc:
Subject:
Attachments:
All,
Tracy Davis<[e-mail]>
Monday, August 06, 2018 10:34 AM
Wehner, Judy; Miller, David; Denton, Bill; Vinson, Toby
[e-mail]; [e-mail]
[External] Fwd: Corps of Engineers SAW-2015-02582 Nationwide Permit #39 (Little River
LLC/Little River Quarry Roadway)
SAW-2018-02S82permitverification.pdf; 2017NWP39.pdf
The US Army Corps of Engineers has issued a Nationwide 39 Permit to Little River, LLC to minimally and
temporarily/permanently impact streams and wetlands for the construction and operation of its proposed haul road as
shown on the mine plans currently under review in your office. A copy of the COE permit and its associated conditions
are attached for your information and file.
The DWR 401 certification has been reviewed simultaneously with the COE permit and should be issued shortly by the
DWR Raleigh Regional Office.
Please note that with the revisions we made to the mine plans per your last letter and the issuance of this COE permit
and upcoming DWR 401 certification, we believe that the only remaining component that needs to be addressed is the
design of the Phase 2 road construction bridge crossings and associated abutments.
We believe that we are at the stage in the mining permit review process where the mining permit can be issued to allow
all mining -related activities to commence at the site with the exception of the Phase 2 bridge crossing and abutment
construction. A condition could be added to the mining permit stating that this aspect of the operation cannot
commence until the full design of the bridges and abutments, including associated erosion and sedimentation control
measures, has been submitted to and approved by DEMLR.
If it appears that a conditional mining permit is not possible at the end of the current review cycle, can you please notify
me in advance of issuing your next action so we can discuss this further?
Thank you for your consideration in this matter.
Tracy
Tracy E. Davis, PE
President
ATS Environmental Solutions, PLLC
Firm License No. P-1811 trace.davis(Tatsenvirosolutions.com
[phone]
Begin forwarded message:
i

• •
From: "Williams, Andrew E CIV USARMY CESAW (US)"
<[e-mail]>
Date: August 3, 2018 at 7:10:00 PM EDT
To: Ray Covington <covineton22me.com>
Cc: Wyatt Brown <[e-mail]>, "Goss, Stephanie"
<[e-mail]>, "Williams, Andrew E CIV USARMY CESAW (US)"
<[e-mail]>
Subject: Corps of Engineers SAW-2015-02582 Nationwide Permit #39 (Little River
LLC/Little River Quarry Roadway)
Mr. Covington:
Attached to this message is your requested Section 404 permit a uthorization(s) for the
fOl l +.
lvllvwlll� project:
SAW-2015-02582 (Little River LLC/Little River Quarry Roadway)
Also attached are the corresponding regional and general conditions, and a copy of the
permit compliance certification.
Please note that the attached conditions must be strictly adhered to in order for this
permit authorization to remain valid and that the compliance certification must be
returned to this office when the work is completed.
This electronic copy is your official Department of the Army Notification; no paper copy
will be mailed, unless specifically requested.
Please contact me if you have any questions or concerns regarding this permit
verification. Thanks.
Andrew Williams
Regulatory Project Manager
US Army Corps of Engineers
i A l:l....ington r%:..+�:ct Raleigh Regina,+.. Cell nF[7....
VV11111111Fj lVll vu Ll ll. 1, nOIC ISII nC�UlO IVIy 1-{c d 011ice
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
919-554-4884 ext. 26

• 0
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-02582 County: Lee County U.S.G.S. Quad: Sanford
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Ray Covington
Little River, LLC
Address. PO Box 1320
Sanford, North Carolina 27331
Size (acres) 50 (approximately)
Nearest Waterway Upper Little River
USGS HUC 03030004
Nearest Town Sanford
River Basin Cape Fear
Coordinates Latitude:35.402527
Longitude:-79.132079
Location description: The site is located approximately 600 feet northeast of the Fred Stone Road terminus, in Lee County,
North Carolina.
Description of projects area and activity: This authorization is fur temporary and permanent impacts to streams and wetlands
associated with the construction of a proposed rock (juarry roadway as follows: Crossine #1: Stream SI-63 linear feet of
permanent impact„ for the installation of a 61) linear foot, 30" CMP, and 29 linear feet of impacts for rip rap dissipation pads;
Wetland A-0.03 acre of permanent fill for roadway construction. Crossing #2: Stream S2A-52 linear feet of temporary impact
for the installation of a 52 linear foot, 42" CMP; Steam S213-62 linear feet of permanent impact for the installation of a 60
linear foot 18" CMP and 17 linear feet of impacts for rip rap dissipation vads. A permanent bridge will be installed over
Stream S2A-no associated impacts. Crossing #3: Stream S3-56 linear feet of temporary impact for the installation of a two (2J
48" CMPs. A nermanent brill a will be installed over Stream S3 with no associated im acts. Crossing #4: Stream S4-56 linear
feet of temporary impact for the installation of one (1) 30" CMP. A permanent bridge will be installed over Stream S4 with no
associated impacts. Crossine #5:.Wetland E- .004 acre of permanent wetland fill for roadway construction. A permanent
Bridge will be constructed over the Little River. -No associated impacts (See attached plans).
Applicable Law: ® Section 404 (Clean Water Act. 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 IJSC 403)
Authorization: Regional General Permit Number and/or Nationwide permit Number: NW'P 39 Commercial and institutional
Developments
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL_ CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated February 22, 2018, including updated information
and plans provided on Maw 10, June 7 and June 20, 2018. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or
appropriate legal action.
'['his verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. if, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional genera[ permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at [phone].

•
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal.
State or local approval slperntits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Andrew Williams at [phone] or Andrew_E.Williams2(a)usace.army.mil.
Corps Regulatory Official:
Date: Au¢ust 3.2018
Expiration Date of Verification: March 18, 2022
A. Determination of,Jurisdiction:
I. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years frotn the date of this notification.
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations.
this determination may be relied upon for a period not to exceed five years from the date of this notification.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ® The aquatic resources within the above described project area have been identified under a previous action. Please reference
the preliminary jurisdictional determination issued 3/21/2017. Action ID: SAW-2015-02582.
B. Basis For .Jurisdictional Determination: NIA. An Approved JD has not been completed.
C. Remarks: None
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The del ineationldetermination 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.
E. Appeals information for Approved ,Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CPR Part 3 11. 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 following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1 OM 15
Atlanta, Georgia 30303-8801
Phone: [phone]

0 •
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 pant 3 , L5, and that it has been received by the Division Office within 60 days of the date of the NAIL, Should you
decide to submit an RFA form, it must he received at the above address by Not Applicable _
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. Dilil,11yzigned by WRLIAMS,ANDREW.55244561655
• ou=USA cn=WILLIAMSANDREW,[.1244561655
Corps Regulatory Official: Date: 2018.08.03 16:14:24 -04'00'
Andrew Williams
The Wilmington District is committed to providing the highest level of'support to the public. To help us ensure we
continue to fin sn please romnlete niir Cii-toner 1�ntisiaction Sprvev Incited nniinp nt
http://corpsmaptt.usace.artny.millctn_apex/f_ nnzI36:4:0.
Copy furnished (via email):
Stephanie Goss
North Carolina Department or Environmental Quality
Water Resources Water Quality Regional Operations Section
1628 Mail Service Center
Raleigh, NC 27699-1628
Wyatt Brown
Brown's Environmental Group
242 Batten Farm Road
Selma, North Carolina 27576

•
•
Action 1D Number: SAW-2015-02582
Per mittee: i'ay Coving-1 1-1
Little River, LLC
County: Lee County
Project Name: Little River LLCIPronosed Mine Site
Date Verification Issued: August 3, 2018
Project Manager: Andrew Williams
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Andrew Williams
3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corns susnending; modifving or revoking the mithnrization and/stir iq.mdng a C ing,. I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

•
NOTIFICATION:OF ADMiNISTRA'CI VE APPIEAL, OPTIONS AND PROCESS AND.'
REQUEST FOR, APPEAL .
Applicant: Ray Covington Little River, LLC
File Number: SAW-2015-02582
Date: August 3, 2018
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT (Standard Permit or Letter of ermission)
13
1:117LRMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DI73TERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information tnay be found at h_ttp://www.usace.army.millMissions/CivilWorks/RepulatoiyProgramandPennits.aspx or'
Corps regulations at 33 CFR Part 331.
A; i\I1TIAl PRf1F ERf 11 PERMIT: You man' accept ^r ObJect to he pe„-1.
• 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 nneans 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 pernlit.
+ O13JI---CT: 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 11 of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. 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.
13: 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.
• APPI AL: Ifyou 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 I 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.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of' 17-7ngineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer, "['his form
must be received by the division engineer within 60 days of the date of this notice.
D: APf1KOVED JUKISDIC I IONAL DE ['I RMINA 1 ION: You may accept or appeal the approved .ID or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within Ell 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.

•
0
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. Ifyou 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 jor runner consideration Dy tnc C,Clrps to rccvaluatc Inc it-).
SECTION II - RE QUEST 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. 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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
I
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Andrew Williams
CESAD-PDO
69 Darlington Avenue
U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, North Carolina 28403
60 Forsyth Street, Roorn IOM 15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT Ot: 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 artici ate in all site investigations.
Date:
Telephone number:
Signature of a ellant or agent,
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr..lason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1 OM 15, Atlanta, Georgia 30303-8801
Phone: [phone]

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NC HWY 87
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FOR — LITTLE RIVER. LLC
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•
NATIONWIDE PERMIT 39
DE13ARTMPNT "IP' THP At?MV
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2017
Commercial and Institutional Developments. Discharges of dredged or fill material into
non -tidal waters of the United States for the construction or expansion of commercial and
institutional building foundations and building pads and attendant features that are necessary
for the use and maintenance of the structures. Attendant features may include, but are not
limited to, roads, parking lots, garages, yards. utility lines, storm water management facilities,
wastewater treatment facilities, and recreation facilities such as playgrounds and playing
fields. Examples of commercial developments include retail stores, industrial facilities,
restaurants, business parks, and shopping centers. Examples of institutional developments
include schools fire stations,government office buildings, judicial buildings, public works
buildings, libraries, hospitals, and places of worship. The construction of new golf courses
and new ski areas is not authorized by this N W P.
The discharge must not cause the loss of'greater than 1/2-acre of non -tidal waters of the
United States. The discharge must not cause the loss of more than 300 linear Icet of stream
bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300
linear foot limit by making a written determination concluding that the discharge will result in
no more than minimal adverse environmental effects. The loss of stream bed plus any other
losses of jurisdictional wetlands and waters caused by the N W P activity cannot exceed 1/2-
acre. This NWI' does not authorize discharges into non- tidal wetlands adjacent to tidal
waters.
Notification: The permittee must submit a pre -construction notification to the district engineer
prior to commencing the activity. (See general condition 32.) (Authorities: Sections 10 and
404)
Note: For any activity that involves the construction of a wind energy generating structure,
solar tower, or overhead transmission line. a copy of the PCN and NWI' verification will be
provided to the Department of Defense Siting Clearinghouse, which will evaluate potential
effects on military activities.

0 •
NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a N W P to
be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through
regulations or otherwise, must be installed and maintained at the permittee's expense on
authorized facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United
States require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized representative,
said structure or work shall cause unreasonable obstruction to the frec navigation of the
navigable waters, the permittee will be required, upon due notice from the Corps of Engineers,
to remove, relocate, or alter the structural work or obstructions caused thereby, without expense
to the United States. No claim shall be made against the United States on account of any such
removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody, including those
species that normally migrate through the area, unless the activity's primary purpose is to
impound water. All permanent and temporary crossings of waterbodies shall be suitably
culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the
movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing
should be designed and constructed to minimize adverse effects to aquatic life movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must
be avoided to the maximum extent practicable. Activities that result in the physical
destruction (e.g... through excavation, fill, or downstream smothering by substantial turbidity)
of an important spawning; area are not authorized.
4. Migratory Bird Breeding. Activities in waters of the United States that
serve as breeding areas for migratory birds must be avoided to the maximum extent
practicable.
S. Shellfish Beds. No activity may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity
authorizeu Qy NWf=s 4 and 48, or is a shemish seeding or habitat restoration activity
authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris,
car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see section 307 of the Clean Water Act).

0 •
7. Water Supply Intakes. No activity may occur in the proximity of'a public water
supply intake, except where the activity is for the repair or improvement of' publ is water supply
intake structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment
of water, adverse effects to the aquatic system due to accelerating the passage of water,
and/or restricting its flow must be minimized to the maximum extent practicable.
9. Manageement of Water flows. To the maximum extent practicable, the pre -
construction course, condition, capacity, and location of open waters must be maintained for
each activity, including stream channel ization, storm water management activities, and
temporary and permanent road crossings, except as provided below. The activity must be
constructed to withstand expected high flows. The activity must not restrict or impede the
passage of`normal or high flows, unless the primary purpose of the activity is to impound water
or manage high flows. The activity may alter the pre -construction course, condition, capacity,
and location of open waters if it benefits the aquatic environment (e.g., stream restoration or
relocation activities).
10. Fills Within 100-Year I;loodplains. The activity must comply with applicable
FEMA-approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed
on mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment
controls must be used and maintained in effective operating condition during construction, and
all exposed soil and other fills, as well as any work below the ordinary high water mark or
high tide line, must be permanently stabilized at the earliest practicable date. Permittees are
encouraged to perform work within waters of the United States during periods of low -flow or
no -flow, or during low tides.
13. Removal of Temporary hills. Temporary fills must be removed in their entirety
and the affected areas returned to pre -construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper. Maintenance. Any authorized structure or fill shall be properly
maintained, including maintenance to ensure public safety and compliance with applicable
NWP general conditions, as well as any activity -specific conditions added by the district
1:11g'llIVU] LU dil IN VV FallLlllll I/M1011.
15. S.in0e and Complete Project. The activity must be a single and complete
project. The same NWP cannot be used more than once for the same single and complete
project.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of
the National Wild and Scenic River System, or in a river officially designated by Congress as a
"study river" for possible inclusion in the system while the river is in an official study status,
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unless the appropriate Federal agency with direct management responsibility for such river,
has determined in writing; that the proposed activity will not adversely affect the Wild and
Scenic River designation or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and
Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, the permittee must
submit a pre -construction notification (see general condition 32). The district engineer will
coordinate the PCN with the Federal agency with direct management responsibility for that
river. The permittee shall not begin the NWP activity until notified by the district engineer that
the Federal agency with direct management responsibility for that river has determined in
writing that the proposed NWP activity will not adversely affect the Wild and Scenic River
designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency responsible for the designated Wild and Scenic River or
study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management,
U.S. Fish and Wildlife Service). Information on these rivers is also available at:
http:lhvww.rivers. ,o
17. Tribal Rights, No NWP activity may cause more than minimal adverse effects
on tribal rights (including treaty rights), protected tribal resources, or tribal lands.
18. Endangered Species. (a) No activity is authorized under any NWP which is
likely to directly or indirectly jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the Federal Endangered
Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical
habitat of'such species. No activity is authorized under any NWP which "may affect" a listed
species or critical habitat, unless ESA section 7 consultation addressing the ellects of the
proposed activity has been completed. Direct effects are the immediate effects on listed species
and critical habitat caused by the NWP activity. Indirect effects are those effects on listed
species and critical habitat that are caused by the NWP activity and are later in time, but still
are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. If pre -construction notification is required for the proposed activity,
the Federal permittee must provide the district engineer with the appropriate documentation to
demonstrate compliance with those requirements. Ihe district engineer will verify Him the
appropriate documentation has been submitted. If the appropriate documentation has not been
submitted, additional ESA section 7 consultation may be necessary for the activity and the
respective federal agency would be responsible for fulfilling its obligation under section 7 of
the ESA.
(c) Non-federal permittees must submit a pre -construction notification to the
district engineer if any listed species or designated critical habitat might be affected or is in the
vicinity of the activity, or if the activity is located in designated critical habitat, and shall not
UegilI Work Ull the activity Ulltll notified by the diJ,uIct englllecr that the Cequlremunts Ul Ulc
ESA have been satisfied and that the activity is authorized. For activities that might affect
Federally -listed endangered or threatened species or designated critical habitat, the pre -
construction notification must include the names) of the endangered or threatened species that
4

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might be affected by the proposed activity or that utilize the designated critical habitat that
might be affected by the proposed activity. The district engineer will determine whether the
proposed activity '`may affect" or will have "no effect" to listed species and designated critical
habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of
receipt of a complete pre- construction notification. In cases where the non -Federal applicant
has identified listed species or critical habitat that might be affected or is in the vicinity of the
activity, and has so notified the Corps, the applicant shall not begin work until the Corps has
provided notification that the proposed activity will have "no effect` on listed species or critical
habitat, or until ESA section 7 consultation has been completed. If the non -Federal applicant has
not heard back from the Corps within 45 days, the applicant must still wait for notification from
the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the
district engineer may add species -specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the "take" of a
threatened or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take"
provisions, etc.) from the 1= WS or the NMFS, the Endangered Species Act prohibits any person
subject to the jurisdiction of the United States to take a listed species, where "take" means to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage
in any such conduct. The word "harm" in the definition of "take" means an act which actually
kills or injures wildlife. Such an act may include significant habitat modification or degradation
where it actually kills or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding or sheltering.
(1) If the non-federal permittee has a valid ESA section I0(a)(1)(13) incidental take
permit with an approved Habitat Conservation Plan for a project or a group of'pro,jects that
includes the proposed NWP activity, the non-federal applicant should provide a copy of that
ESA section I0(a)(1)(B) permit with the PCN required by paragraph (c) of this general
condition. The district engineer will coordinate with the agency that issued the ESA section
10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated
incidental take were considered in the internal ESA section 7 consultation conducted for the
LSA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency
that the proposed NWP activity and the associated incidental take were considered in the
internal ESA section 7 consultation for the ESA section 10(a)(1)(13) permit, the district
engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP
activity. The district engineer will notify the non-federal applicant within 45 days of receipt of
a complete pre -construction notification whether the ESA section 10(a)(1)(B) permit covers the
proposed NWP activity or whether additional ESA section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their
critical habitat can be obtained directly from the offices of the FWS and NMFS or their world
wide web pages at http://www.lws.gov/ or http://wwAl.fivs.gov/ipac and
http://www.nmis.noaa.gov/pr/species/esa/ respectively.
In �A'._._._._.__. f7'_.l_ _._J n_i.l _--_1 �+_�J_--'�_-'-- ''''-- .--...__..__ •._ _•i.r. .
Migrk, a o y Bir1.Es and Bald and Gloidc- l E-a- r�5. 1 ne Pf;.r[nllICC IS rCsp011s1D1C 10r
ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden
Eagle Protection Act. The permittee is responsible for contacting appropriate local off ice of the
U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory
G

birds or eagles, including whether "incidental take"' permits are necessary and available under
the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular
activity. v
20. Historic Properties. (a) In cases where the district engineer determines that the
activity may have the potential to cause effects to properties listed, or eligible for listing, in the
National Register of Historic Places, the activity is not authorized, until the requirements of
Section 106 of the National Historic Preservation Act (NI -IPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of section 106 of the National Historic Preservation Act. If pre -construction
notification is required for the proposed NWP activity, the Federal permittee must provide the
district engineer with the appropriate documentation to demonstrate compliance with those
requirements. The district engineer will verify that the appropriate documentation has been
submitted. Ifthe appropriate documentation is not submitted, then additional consultation
under section 106 may be necessary. The respective federal agency is responsible for fulfilling
its obligation to comply with section 106.
(c) Non-federal permittees must submit a pre -construction notification to the
district engineer if the NWP activity might have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on. or potentially eligible for listing on
the National Register of Historic Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties might have the
potential to be affected by the proposed NWP activity or include a vicinity map indicating the
location of the historic properties or the potential for the presence of historic properties.
Assistance regarding information on the location of, or potential for. the presence of historic
properties can be sought from the State Historic Preservation Officer, Tribal Historic
Preservation Officer" or designated tribal representative, as appropriate, and the National
Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction
notifications, district engineers will comply with the current procedures for addressing the
requirements of section 106 of the National Historic Preservation Act. The district engineer
shall make a reasonable and good faith effort to carry out appropriate identification efforts,
which may include background research, consultation, oral history interviews, sample field
investigation, and field survey. Based on the information submitted in the PCN and these
identification efforts, the district engineer shall determine whether the proposed NWP activity
has the potential to cause effects on the historic properties. Section 106 consultation is not
required when the district engineer determines that the activity does not have the potential to
cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required
when the district engineer determines that the activity has the potential to cause effects on
historic properties. The district engineer will conduct consultation with consulting parties
identified under 36 CFR 800.2(c) when he or she makes any of the following effect
determinations for the purposes of section 106 of the NFIPA: no historic properties affected, no
adverse effect, or adverse effect. Where the non -Federal applicant has identified historic
properties on which the activity might have the potential to cause effects and so notified the
%-orps, the non -Federal applicant shall not lnt' activity until IloullCu Uy u1c ulslrict
engineer either that the activity has no potential to cause effects to historic properties or that
NHPA section 106 consultation has been completed.
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(d) For non-federal permittees, the district engineer will notify the prospective
permittee within 45 days of receipt of a complete pre -construction notification whether NHPA
section 106 consultation is required. If NI -IPA section 106 consultation is required, the district
engineer will notify the non -Federal applicant that he or she cannot begin the activity until
section 106 consultation is completed. If the non -Federal applicant has not heard back from the
Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (54
U.S.C. 3061 13) prevents the Corps from granting a permit or other assistance to an applicant
who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally
significantly adversely affected a historic property to which the permit would relate, or having
legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps,
after consultation with the Advisory Council on Historic Preservation (ACI-II'), determines that
circumstances justify granting such assistance despite the adverse effect created or permitted
by the applicant. If circumstances justify granting the assistance, the Corps is required to
notify the ACHP and provide documentation specifying the circumstances, the degree of
damage to the integrity of any historic properties affected, and proposed mitigation. This
documentation must include any views obtained from the applicant, SI-11" TI-IPO, appropriate
Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects
properties of interest to those tribes; and other parties known to have a legitimate interest in the
impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover
any previously unknown historic, cultural or archeological remains and artifacts while
accomplishing the activity authorized by this permit, you must immediately notify the district
engineer of what you have found, and to the maximum extent practicable, avoid construction
activities that may affect the remains and artifacts until the required coordination has been
completed. The district engineer will initiate the Federal, 'Tribal, and state coordination
required to determine if the items or remains warrant a recovery effort or if the site is eligible
for listing in the National Register of Historic Places,
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National E-stuarine Research
Reserves. The district engineer may designate, after notice and opportunity for public
comment, additional waters officially designated by a state as having particular environmental
or ecological significance, such as outstanding national resource waters or state natural
heritage sites. The district engineer may also designate additional critical resource waters after
notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by N W Ps 7, i 2, 14. 16, 17. 2i. 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent
to such waters.
(b) For NWPs 3, 8. 10, 13, 15. 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and
54, notification is required in accordance with general condition 32, for any activity proposed in
the designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
7

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23. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that the individual and
cumulative adverse environmental effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States to the maximum extent
practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating for resource losses) will be required to the extent necessary to ensure that the
individual and cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one -for -one ratio will be required for
all wetland losses that exceed 1/10-acre and require pre -construction notification, unless the
district engineer determines in writing that either some other form of mitigation would be
more environmentally appropriate or the adverse environmental effects of' the proposed
activity are no more than minimal, and provides an activity -specific waiver of this
requirement. For wetland losses of 1110-acre or less that require pre -construction notification,
the district engineer may determine on a case -by -case basis that compensatory mitigation is
required to ensure that the activity results in only minimal adverse environmental effects.
(d) For losses of streams or other open waters that require pre -construction
notification, the district engineer may require compensatory mitigation to ensure that the
activity results in no more than minimal adverse environmental effects. Compensatory
mitigation for losses of streams should be provided, if practicable, through stream
rehabilitation, enhancement. or preservation, since strearns are difficult -to -replace resources
(see 33 CFR 332.3(e)(3)),
(e) Compensatory mitigation plans for NWP activities in or near streams or other
open waters will normally include a requirement for the restoration or enhancement,
maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open
waters. In some cases, the restoration or maintenance/protection of riparian areas may be the
only compensatory mitigation required. Restored riparian areas should consist of native
species. The width of the required riparian area will address dOCUrnented water quality or
aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each
side of the stream, but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to restore or
maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or
coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or
shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the
district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas
and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are detennined to be the most appropriate form
r
or ininnnizatron or compensatory mrtrgatwn, the drSVICL engineer may waive or reduce the
requirement to provide wetland compensatory mitigation for wetland losses.
(t) Compensatory mitigation projects provided to offset losses of aquatic
resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate
compensatory mitigation option if compensatory mitigation is necessary to ensure that the
activity results in no more than minimal adverse environmental effects. For the NWPs, the
preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-
8

lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number
and type of mitigation bank or in -lieu credits are not available at the time the PCN is submitted
to the district engineer, the district engineer may approve the use of permittee-responsible
mitigation.
(2) The amount of compensatory mitigation required by the district engineer must
be sufficient to ensure that the authorized activity results in no more than minimal individual
and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR
332.3(f)).
(3) Since the likelihood of success is greater and the impacts to potentially
valuable uplands are reduced, aquatic resource restoration should be the first
compensatory mitigation option considered for permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective
permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation
plan may be used by the district engineer to make the decision on the NWP verification request,
but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)
through (14) must be approved by the district engineer before the permittee begins work in
waters of the United States, unless the district engineer determines that prior approval of the
final mitigation plan is not practicable or not necessary to ensure timely completion of the
required compensatory mitigation (see 33 CFR 332.3(k)(3)).
(5) If mitigation bank or in -lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the
number of credits to be provided.
(6) Compensatory mitigation requirements (e.g., resource type and amount to be
provided as compensatory mitigation, site protection, ecological performance standards,
monitoring requirements) may be addressed through conditions added to the NWP
authorization, instead of components of a compensatory mitigation plan (see 33 CFR
332.4(c)(I )(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses
allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of
1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of' greater than
1/2-acre of waters of the United States, even if compensatory mitigation is provided that
replaces or restores some of the lost waters. However, compensatory mitigation can and should
be used, as necessary, to ensure that an NWP activity already meeting the established acreage
limits also satisfies the no more than minimal impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or
permittee-responsible mitigation, When developing a compensatory mitigation proposal, the
permittee must consider appropriate and practicable options consistent with the framework at
33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources,
permittee-responsible mitigation may be environmentally preferable if there are no mitigation
banks or in -lieu fee programs in the area that have marine or estuarine credits available for
sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of
the NWP verification must clearly indicate the party or parties responsible for the
r
implementation and performance of the compensatory mitigation project, and, if required, its
long-term management.
(i) Where certain functions and services of waters of the United States arc
permanently adversely affected by a regulated activity.. such as discharges of dredged or fill
9

0 •
material into waters of the United States that will convert a forested or scrub -shrub wetland to
a herbaceous wetland in a permanently maintained utility line right-of-wav, mitigation may be
required to reduce the adverse environmental effects of the activity to the no more than
minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures
are safely designed, the district engineer may require non-federal applicants to demonstrate that
the structures comply with established state dam safety criteria or have been designed by
qualified persons. The district engineer may also require documentation that the design has
been independently reviewed by similarly qualified persons, and appropriate modifications
made to ensure safety.
25. Water Quality. Where States and authorized "Tribes, or EPA where appiicablc,
have not previously certified compliance of an NWP with CWA section 401, individual 401
Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district
engineer or State or Tribe may require additional water quality management measures to ensure
that the authorized activity does not result in more than minimal degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone managcment
requirements.
27. Regional and Casc-fay-Case Conditions. The activity must comply with any
regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e))
and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S.
EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone
Management Act consistency determination.
28. Use of' Mulliple Nationwide Permits. The use of more than one NWP for a
single and complete project is prohibited, except when the acreage loss of waters of the United
States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest
specified acreage limit. For example, if a road crossing over tidal waters is constructed under
NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss
of waters of the United States for the total project cannot exceed 1/3-acre.
29. Transfer of Nationwide Permit verifications. if the permittee seiis the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district
office to validate the transfer. A copy of the nationwide permit verification must be attached to
the letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To
10

I]
•
validate the transfer of this nationwide permit and the associated liabilities associated with
compliance with its terms and conditions. have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification
letter from the Corps must provide a signed certification documenting completion of the
authorized activity and implementation of any required compensatory mitigation. The
success of any required permittee-responsible mitigation, including the achievement of'
eeolo¢ical nerformance stanck rck will he .9ddressed senarately by the ciiciriri eno'neer The
Corps will provide the permittee the certification document with the NWP verification letter.
The certification document will include:
(a) A statement that the authorized activity was done in accordance with the N W P
authorization, including any general, regional, or activity -specific conditions;
(b) A statement that the implementation of any required compensatory mitigation
was completed in accordance with the permit conditions. If credits from a mitigation bank or
in -lieu fee program are used to satisfy the compensatory mitigation requirements, the
certification must include the documentation required by 33 Cf�R 332.3(1)(3) to confirm that
the permittee secured the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the activity and
mitigation.
The completed certification document must be submitted to the district engineer
within 30 days of completion of the authorized activity or the implementation of any required
compensatory mitigation, whichever occurs later.
31. Activities Affectin ,, Structures or Works Built by the United States. If an NWP
activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter
or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE)
federally authorized Civil Works project (a "USACE project"), the prospective permittee must
submit a pre -construction notification. See paragraph (b)(10) of general condition 32. An
activity that requires section 408 permission is not authorized by NWP until the appropriate
Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and
the district engineer issues a written NWP verification.
32. Pre -Construction Notification. (a) Timing!. Where required by the terms of the
NWP, the prospective permittee must notify the district engineer by submitting a pre -
construction notification (PCN) as early as possible. The district engineer must determine if the
PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to
be incomplete, notify the prospective permittee within that 30 day period to request the
additional information necessary to make the PCN complete. The request must specify the
information needed to make the PCN complete. As a general rule, district engineers will request
additional information necessary to make the PCN complete only once. However. ifthe

© 0
prospective permittee does not provide all of the requested information, then the district
engineer will notify the prospective permittee that the PCN is still incomplete and the PCN
review process will not commence until all of the requested information has been received by
the district engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may
proceed under the NWP with any special conditions imposed by the district or division
engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to
general condition 18 that listed species or critical habitat might be affected or are in the vicinity
of the activity, or to notify the Corps pursuant to general condition 20 that the activity might
have the potential to cause effects to historic properties. the permittee cannot begin the activity
until receiving written notification from the Corps that there is "no effect" on listed species or
,.no potential to cause effects" on historic properties, or that any consultation required under
Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the
National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work
cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from
the Corps. If the proposed activity requires a written waiver to exceed specified limits of an
NWP, the permittee may not begin the activity until the district engineer issues the waiver. If
the district or division engineer notifies the permittce in writing that an individual permit is
required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the
activity until an individual permit has been obtained. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and
include the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Vocation of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use
to authorize the proposed activity;
(4) A description ofthe proposed activity; the activity's purpose; direct and indirect
adverse environmental effects the activity would cause, including the anticipated amount of loss
of wetlands, other special aquatic sites, and other waters expected to result from the NWP
activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed
mitigation measures intended to reduce the adverse environmental effects caused by the
proposed activity; and any otherNWP(s), regional general permit(s), or individual permit(s)
used or intended to be used to authorize any part of the proposed project or any related activity,
including other separate and distant crossings for linear projects that require Department of the
Army authorization but do not require pre -construction notification. The description of the
proposed activity and any proposed mitigation measures should be sufficiently detailed to allow
the district engineer to determine that the adverse environmental effects of the activity will be
no more than minimal and to determine the need for compensatory mitigation or other
mitigation measures. For single and complete linear projects, the PCN must include the
quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each
single and complete crossing of those wetlands, other special aquatic sites, and other waters.
12

Sketches should be provided when necessary to show that the activity complies with the terms
of the NWP. (Sketches usually clarify the activity and when provided results in a quicker
decision. Sketches should contain sufficient detail to provide an illustrative description of the
proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites,
and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams,
on the project site. Wetland delineations must be prepared in accordance with the current
method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters on the project site, but there may be a delay if the Corps does
the delineation, especially if the project site is large or contains many wetlands, other special
aquatic sites, and other waters. Furthermore, the 45 day period will not start until the
delineation has been submitted to or completed by the Corps, as appropriate,
(6) If the proposed activity will result in the loss of greater than 1/10-acre of
wetlands and a PCN is required, the prospective permittee must submit a statement
describing how the mitigation requirement will be satisfied, or explaining why the
adverse environmental effects are no more than minimal and why compensatory
ritigation should not be required. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(7) For non -Federal permittees, if any listed species or designated critical habitat
might be affected or is in the vicinity of the activity, or if the activity is located in designated
critical habitat, the PCN must include the name(s) of those endangered or threatened species
that might be affected by the proposed activity or utilize the designated critical habitat that
might be affected by the proposed activity. For NWP activities that require pre -construction
notif-nation, Federal permittees must provide documentation demonstrating compliance with
the Endangered Species Act;
(8) For non -Federal permittees, if the NWP activity might have the potential to
cause effects to a historic property listed on, determined to be eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must state
which historic property might have the potential to be affected by the proposed activity or
include a vicinity map indicating the location of the historic property. For NWP activities that
require pre -construction notification, Federal permittees must provide documentation
demonstrating compliance with section 106 of the National Historic Preservation Act,
(9) For an activity that will occur in a component of the National Wild and Scenic
River System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, the PCN must identify the
Wild and Scenic River or the "study river' (see general condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C.
408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of
Engineers federally authorized civil works project, the pre -construction notification must
include a statement confirming that the project proponent has submitted a written request for
section 408 permission from the Corps office having jurisdiction over that USACE project.
(c) Form of Pre -Construction Notification: The standard individual permit
application form (Form ENG 4345) may be used, but the completed application form must
clearly indicate that it is an NWP PCN and must include all of -the applicable information
required in paragraphs (b)(1) through (10) of this general condition. A letter containing the
required information may also be used. Applicants may provide electronic files of PCNs and
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supporting materials if the district engineer has established tools and procedures for electronic
submittals.
(d) Agency Coordination: (i) The district engineer will consider any comments
from Fcdcral and state agencies concerning the proposed activity's compliance with the terms
and conditions of the NWPs and the need for mitigation to reduce the activity's adverse
environmental effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) all NWP activities that require pre -
construction notification and result in the loss of greater than 1/2-acre of waters of the United
States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -
construction notification and will result in the loss of greater than 300 linear feet of stream
bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per
running foot; or involve discharges of dredged or till material into special aquatic sites; and
(iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than
30 feet from the mean low water line in tidal waters or the ordinary high water mark in the
Great Lakes.
(3) When agency coordination is required, the district engineer will immediately
provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a
copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural
resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to
notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to
provide substantive, site -specific comments. The comments must explain why the agency
believes the adverse environmental effects will be more than minimal. If so contacted by an
agency, the district engineer will wait an additional 15 calendar days before making a decision
on the pre -construction notification. The district engineer will fully consider agency comments
received within the specified time frame concerning the proposed activity's compliance with
the terms and conditions of the NWPs, including the need for mitigation to ensure the net
adverse environmental effects of the proposed activity are no more than minimal. The district
engineer will provide no response to the resource agency, except as provided below. The
district engineer will indicate in the administrative record associated with each pre -construction
notification that the resource agencies' concerns were considered. For NWP 37, the emergency
watershed protection and rehabilitation activity may proceed immediately in cases where there
is an unacceptable hazard to life or a significant loss of'property or economic hardship will
occur. The district engineer will consider any comments received to decide whether the NWP
37 authorization should be modified, suspended, or revoked in accordance with the procedures
at 33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by section 305(b)(4)(f3) of the
Magnuson -Stevens Fishery Conservation and Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or
multiple copies of pre -construction notifications to expedite agency coordination.
DISTRICT ENGINEER'S DECISION
I . In reviewing the PCN for the proposed activity, the district engineer will
determine whether the activity authorized by the NWP will result in more than minimal
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individual or cumulative adverse environmental effects or may be contrary to the public
interest, 11'a project proponent requests authorization by a specific NWP, the district engineer
should issue the NWP verification for that activity if it meets the terms and conditions of that
NWP, unless he or she determines, after considering mitigation, that the proposed activity will
result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority to
require an individual permit for the proposed activity. For a linear project, this determination
will include an evaluation of the individual crossings of waters of the United States to
determine whether they individually satisfy the terms and conditions ofthe NWP(s), as well as
the cumulative effects caused by all of the crossings authorized by NWP. If all applicant
requests a waiver of the 300 linear loot limit on impacts to streams or of an otherwise
applicable limit, as provided for in NWPs 13, 21. 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54,
the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in only minimal individual and cumulative adverse environmental effects.
For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and
ephemeral stream bed and a 112-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51. and
52), the loss of intermittent and ephemeral strewn bed, plus any other losses of jurisdictional
waters and wetlands, cannot exceed 1/2-acre.
2. When making minimal adverse environmental effects determinations the district
engineer will consider the direct and indirect effects caused by the NWP activity. He or she
will also consider the curulative adverse environmental effects caused by activities authorized
by NWP and whether those cumulative adverse environmental effects are no more than
minimal. The district engineer will also consider site specific factors, such as the
environmental setting in the vicinity of the NWP activity, the type of resource that will be
affected by the NWP activity, the Functions provided by the aquatic resources that will be
affected by the NWP activity, the degree or magnitude to which the aquatic resources perform
those functions, the extent that aquatic resource functions will be lost as a result of the NWP
activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or
permanent), the importance of the aquatic resource functions to the region (e.g., watershed or
ecoregion), and mitigation required by the district engineer. If an appropriate functional or
condition assessment method is available and practicable to use, that assessment method may
be used by the district engineer to assist in the minimal adverse environmental effects
determination. The district engineer may add case -specific special conditions to the NWP
authorization to address site- specific environmental concerns.
3. If the proposed activity requires a PCN and will result in a loss of greater than
1/10-acre of'wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller
impacts, or for impacts to other types of waters (e.g., streams). The district engineer will
consider any proposed compensatory mitigation or other mitigation measures the applicant has
included in the proposal in determining whether the net adverse environmental effects of the
proposed activity are no more than minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
the terms and conditions of the NWP and that the adverse environmental effects are no more
than minimal, after considering mitigation, the district engineer will notify the permittee and
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include any activity -specific conditions in the NWP verification the district engineer deems
necessarv. Conditions for compcnsatory mitigation reauirements must comply with the
appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final
mitigation plan before the permittee commences work in waters of the United States, unless the
district engineer determines that prior approval of the final mitigation plan is not practicable or
not necessary to ensure timely completion of the required compensatory mitigation. if the
prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district
engineer will expeditiously review the proposed compensatory mitigation plan. The district
engineer must review the proposed compensatory mitigation plan within 45 calendar days of
receiving a complete PCN and determine whether the proposed mitigation would ensure the
NWP activity results in no more than minimal adverse environmental effects. If the net adverse
environmental effects of the NWP activity (after consideration of the mitigation proposal) are
determined by the district engineer to be no more than minimal, the district engineer will
provide a timely written response to the applicant. The response will state that the NWP activity
can proceed under the terms and conditions of the NWP, including any activity -specific
conditions added to the NWP authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of the
proposed activity are more than minimal, then the district engineer will notify the applicant
either: (a) that the activity does not qualify for authorization under the NWP and instruct the
applicant on the procedures to seek authorization under an individual permit: (b) that the
activity is authorized under the NWP subject to the applicant's submission of a mitigation plan
that would reduce the adverse environmental effects so that they are no more than minimal, or
(c) that the activity is authorized under the NWI' with specific modifications or conditions.
Where the district engineer determines that mitigation is required to ensure no more than
minimal adverse environmental effects, the activity will be authorized within the 45-day PCN
period (unless additional time is required to comply with general conditions 18, 20, and/or 31,
or to evaluate PCNs far activities authorized by NWPs 21, 49, and 50), with activity -specific
conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation
plan that would reduce the adverse environmental effects so that they are no more than
minimal. When compensatory mitigation is required, no work in waters of the United States
may occur until the district engineer has approved a specific mitigation plan or has determined
that prior approval of'a final mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory mitigation.
FURTHER INFORMATION
. District Engineers have authority to determine if an activity complies with the
terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of'others.
5. NWPs do not authorize interference with any existing or proposed Federal
project (see general condition 31).
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DEFINITIONS
Best manaaemcnt practices (BM Ps): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation ol' aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded
as to essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material
into waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and
riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological
reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a
riparian area type that currently exists in the region where the proposed NWP 27 activity is
located. Alternatively, an ecological reference may be based on a conceptual model for the
aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of'
the proposed NWP 27 activity. An ecological reference takes into account the range of
variation of the aquatic habitat type or riparian area type in the region.
Enhancement: '['he manipulation of the physical, chemical, or biological
characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic
resource function(s). Enhancement results in the gain of selected aquatic resource function(s).
but may also lead to a decline in other aquatic resource function(s). Enhancement does not
result in a gain in aquatic resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a
short duration after, precipitation events in a typical year. Ephemeral stream beds are located
above the water table year-round. Groundwater is not a source of water for the stream. Runoff
from rainfall is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical; chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
High "hide Line: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of
fine shell or debris on the foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the general height reached
by a rising tide. "['he line encompasses spring high tides and other high tides that occur with
periodic frequency but does not include storm surges in which there is a departure from the
normal or predicted reach of the tide due to the piling up of water against a coast by strong
winds such as those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
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Register of Flistoric Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non-
linear project in the Corps Regulatory Program. A project is considered to have independent
utility if it would be constructed absent the construction of other projects in the project area.
Portions of a multi -phase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were
not built can be considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of
the year, when groundwater provides water for stream flow. During dry periods, intermittent
streams may not have flowing water. Runoff from rainfall is a supplemental source of water for
stream flow.
Loss oFwaters of the United States: Waters of the United States that arc permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to_jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the acres or
linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters
of the United States temporarily filled, flooded, excavated, or drained, but restored to pre -
construction contours and elevations after construction, are not included in the measurement of
loss of waters of the United States. impacts resulting from activities that do not require
Department of the Army authorization, such as activities eligible for exemptions under section
404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the
United States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of
1899. These waters are defined at 33 CFR part 329.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. Non -tidal wetlands contiguous to tidal waters are located landward of the
high tide line (i.e., spring high tide line).
Open water: For purposes of the N WPs, an open water is any area that in a year with
normal patterns of'precipitation has water flowing or standing above ground to the extent that
an ordinary nigh water mark can be determined. Aquatic vegetation within the area of iiowing
or standing water is either non -emergent, sparse, or absent. Vegetated shallows are considered
to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas.
Perennial stream: A perennial stream has flowing water year-round during a typical
year. The water table is located above the stream bed for most of the year. Groundwater is the

primary source of water for stream flow. Runoff from rainfall is a supplemental source of
water for stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the
Corps for confirmation that a particular activity is authorized by nationwide permit. The request
may be a permit application, letter, or similar document that includes information about the
proposed work and its anticipated environmental effects. Pre -construction notification may be
required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -
construction notification may be voluntarily submitted in cases where pre -construction
notification is not required and the project proponent wants confirmation that the activity is
authorized by nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of; aquatic
resources by an action in or near those aquatic resources. This term includes activities
commonly associated with the protection and maintenance of'aquatic resources through the
implementation of appropriate legal and physical mechanisms. Preservation does not result in a
gain of aquatic resource area or functions.
Protected tribal resources: Those natural resources and properties of traditional or
customary religious or cultural importance, either on or off Indian lands, retained by, or
reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders,
including tribal trust resources.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of repairing natural/historic functions to a degraded
aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not
result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of returning natural/historic Functions to a former or degraded aquatic
resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided
into two categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under
the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient
sections of streams. Such stream sections are recognizable by their hydraulic characteristics.
The rapid movcment of water over a course substrate in riffles results in a rough Flow, a
turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas
associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a
Finer substrate characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine- marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
which sunace and subsurface hydrology connects riverine, facustrine, estuarine, and marine
waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)
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Shellfish seeding: The placement of'shellfish seed and/or suitable substrate to
increase shellfish production. Shellfish seed consists of immature individual shellfish or
individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate
may consist of shellfish shells, shell fragments, or other appropriate materials placed into
waters for shellfish habitat.
Single and complete linear project: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of -origin to a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of
owners/developers that includes all crossings of a single water of the United States (i.e., a
single waterbody) at a specific location. For linear projects crossing a single or multiple
waterbodies several times at separate and distant locations, each crossing is considered a single
and complete project for purposes ofNWP authorization. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc.,
are not separate waterbodies, and crossings of such features cannot be considered separately.
Single and complete non -linear project: For non -linear projects, the tern "single and
complete project" is defined at 33 CFR 330.2(1) as the total project proposed or accomplished
by one owner/developer or partnership or other association of owners/developers. A single and
complete non -linear project must have independent utility (see definition of "independent
utility'). Single and complete non -linear projects may not be "piecemealed" to avoid the limits
in an NWP authorization.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality
degradation, and flooding and mitigating the adverse effects of changes in land use on the
aquatic environment.
Stormwater mannement facilities: Stormwater management facilities are those
facilities, including but not limited to, stormwater retention and detention ponds and best
management practices, which retain water for a period of time to control runoffand/or improve
the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances
and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water
marks. The substrate may be bedrock or inorganic particles that range in size from clay to
boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks,
are not considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity,
or location that causes more than minimal interruption of nornal stream processes. A
channelized stream remains a water of the United States.
Siruciure: An objeci that is arranged in a definite pattern of organization. Examples
of'structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap jetty, artificial island, artificial reef,
permanent mooring structure. power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal
waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the
gravitational pulls of the moon and sun. `Tidal waters end where the rise and fall ol'thc water
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surface can no longer be practically measured in a predictable rhythm due to masking by other
waters, wind, or other effects. Tidal wetlands are located channelward ofthe high tide line.
"Tribal lands: Any lands title to which is either: 1) held in trust by the United States
for the benefit of any Indian tribe or individual, or 2) held by any Indian tribe or individual
subject to restrictions by the United States against alienation,
Tribal rights: "Those rights legally accruing to a tribe or tribes by virtue of inherent
sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive
order or agreement, and that give rise to legally enforceable remedies.
Vegetated shallows: Vegetated shallows are special aquatic sites under file 404(b)(I )
Guidelines. They are areas that are permanently inundated and under normal circumstances
have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a
variety of vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is ajurisdictional water of the
United States. If a wetland is adjacent to a waterbody determined to be a water of the United
States, that waterbody and any adjacent wetlands arc considered together as a single aquatic
unit (see 33 ChR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds,
and wetlands.
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FINAL 2017 REGIONAL CONDITIONS
NOTICE ABOUT WEB LINKS IN THIS DOCUMENT:
The ►veb links (both internal to our TVilminglon District and any external links to collaborating
agencies) in this document are valid at the lime ofpublication. However, the Wilmington
District Regulalwy Program web page addresses, as with other agency web sites, may change
over the limeframe of the five-year Nationwide Permit renewal cycle, in response to policy
mandates or technology advances. While we will make every effort to check on the integrity of
our web links and provide re-direcl pages whenever possible, we ask that you report any broken
links to us so we can keep the page information current and usable. We apologize in advanced
,for any broken links that you may encounter, and ive ask that you navigole ftom the Regulalory
home page (Regulatory Permit Program Wetlands and Streams) of the Wilmington District
Corps of Engineers, to the "Permits" section of our web site to find links for pages that cannot
be found by clicking directly on the listed web link in this document.
Final 2017 ReyionalConditions for Nationwide Permits (NWP) in the Wilmington Uistrict
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas arc excluded during the period between February 15 and .tune 30, without prior
written approval from the Corps and either NCDMF or NCWRC.
1.2 Trout Waters Moratorium
Waters of the United States in the designated trout watersheds of North Carolina are excluded
during; the period between October 15 and April 15 without prior written approval from the
NCWRC, or from the Eastern Band ol-Cherokee Indians (EBC1) Fisheries and Wildlife
Management (F W M) office it the project is located on E13C1 trust land. (See Section 2.7 for
information on the designated trout watersheds),
1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service
(NM FS)
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February l and June 30, without prior written approval from the NMFS.
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2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWPs. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
For proposed activities within waters of the United States that require a Pre -Construction
Notification (PCN) and are located in the sixteen counties listed below, permittees must provide
a copy ofthe PCN to the U.S. Fish and Wildlife Service (USFWS), 160 Zillicoa Street,
Asheville, North Carolina 28801. This PCN must be sent concurrently to the U.S. Fish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to the Endangered Species Act and the below
website for information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville U.S. Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon, Mecklenburg, Mitchell, Stokes, Surry, Swain, 'Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following Website for permittees which provides
guidelines on how to review linked websites and maps in order to fulfill NWP General Condition
18 requirements:
littp://www.saw.usace.army.mil/Missions/RegulatoryPermiti3ro )rg am/AgencyCoordination/FSA.a
Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife
Service offices listed below or Corps at [phone]:
Asheville U.S. Fish and Wildlife Service Office counties: All counties west of and including
Anson, Stanly, Davidson, Forsythe and Stokes Counties.
U.S. Fish and Wildiifc Service
Asheville Field Office
160 ZiIIicoa Street
Asheville, NC 28801
Telephone: [phone]
Raleigh U.S. Fish and Wildlife Service Office counties: all counties east of and including;
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
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Raleigh, NC 27636-3726
Telephone: [phone]
2.2 Special Designation Waters
Prior to the use of any NWP, except NWP 3, that involves a discharge of dredged or fill material
in any of the following identified waters and/or adjacent wetlands in North Carolina, permittees
shall submit a PCN to the District Engineer prior to commencing the activity (see General
Condition 32). The North Carolina waters and wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) or "High Quality Waters," (HQW) as designated by the
North Carolina Environmental Management Commission; "Primary Nursery Areas" (PNA),
including inland PNA, as designated by the North Carolina Marine Fisheries Commission and
the NCWRC, or wetlands adjacent to these waters. Definitions of ORW, HQW and PNA waters
can be found in the North Carolina State Administrative Code, Title 15A, Subchapters 2B and
IOC (15A NCAC 02B, 15A NCAC I OC) and at the following World Wide Web page:
http://reports.oah.state.ne.us/ricac.asp?fioldcrName=\Title%2015A%20-
%20_Environmental%20Quality&lookUpError=l 5A%20NCAC%20000%20. Surface water
classifications for waters in North Carolina can be viewed at the North Carolina Division of
Water Resources website or at the following World Wide Web Page:
https://deq.nc.gov/about/divisions/water-resources/planning/classi(Ecation-
standards/classifications
Permittees who do not have internet access may contact the Corps at (910) 251- 4633.
2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non-federal permittees for any NWP in a designated "Area of Environmental Concern" (ALC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA) must also obtain the required CAMA permit. Development
activities for non-federal projects may not commence until a copy of the approved CAMA permit
is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office — 69 Darlington Avenue, Wilmington, NC 28403, [phone] or Washington Field
Office — 2407 West 5th Street, Washington, NC 27889, {910} 251-4610).
2.4 Barrier Islands
Prior to the use of any NWP on a barrier island of'North Carolina, permittees must submit a PCN
to the District Engineer prior to commencing the activity (see General Condition 32).
2.5 Mountain or Piedmont Bogs
Prior to the use of any NWP in a Bog, as classified by the North Carolina Wetland Assessment
Methodology (NCWAM), permittees shall submit a PCN to the District Engineer prior to
commencing the activity (see General Condition 32). The latest version of NCWAM can be
24

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0
viewed on the Corps RIBITS (Regulatory In -lieu Fee and Bank Information Tracking System)
website or at the following World Wide Web Page:
https:Hri bits. usace.army.m i l/ribits_apex/Pp= l 07:27:0::N0:::
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the United
States, including wetlands, permittees shall submit a PCN to the District Engineer prior to
commencing the activity (see General Condition 32).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams, waterbodies or wetlands within the
294 designated trout watersheds of North Carolina, the permittee shall submit a PCN (see
General Condition 32) to the District Engineer prior to commencing the activity, unless other
thresholds are established in the Regional Conditions in Section 4 (Additional Regional
Conditions for Specific Nationwide Permits). The permittee shall also provide a copy of the
notification to the appropriate NCWRC office, or to the EBCI FWM Office (if the project is
located on EBCI trust land), to facilitate the determination of any potential impacts to designated
Trout Waters.
Notification to the Corps will include a statement with the name of the NCWRC or EBCI FWM
biologist contacted, the date of the notification, the location of work, a delineation of wetlands
and waters; a discussion of alternatives to working in the mountain trout waters, why alternatives
were not selected, and, if applicable, a plan to provide compensatory mitigation for all
unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Watersheds.
NCWRC Contact**
Counties that are
entirely within Trout
Watersheds*
Counties that are
partially within Trout
Watersheds*
Mountain Coordinator
Alleghany Jackson
Burke McDowell
Balsam Depot
Ashe Macon
Buncombe Mitchel
20830 Great Smoky
Avery Swain
Caldwell Polk
Mountain Expressway
Graham "Transylvania
Cherokee Rutherford
Waynesville, NC 28786
Haywood Watauga
Clay Surry
Telephone: [phone]
Henderson Wilkes
Madison Yancey
For NCDOT Projects:
NCDOT Coordinator
206 Charter. Street
Albemarle, NC 28001
"Telephone: [phone]
25

*NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field
Office at [phone] or view maps for each County at the following World Wide Web page:
littp://www.saw.usace.army.m i I/Missions/Regulatory-Permit-Program/Ageticy-
Coordination/Trout/.
**If a proiect is located on EBC1 trust land, submit the PCN in accordance with Section 3.14
Contact the Corps Asheville Regulatory Field Office at [phone] with questions.
2.8 Western NC Waters and Corridors
The permittee shall submit a PCN (see General Condition 32) to the District Engineer prior to
commencing the activity in waters of the United States if the activity will occur within any of the
following identified waters in western North Carolina, within 0.5 mile on cithcr side of these
waters, or within 0.75 mile of the Little Tennessee River, as measured from the top of the bank
of the respective water (i.e., river, stream, or creek):
Brasstown Creek
Burningtown Creek
Cane River
Caney Fork
Cartoogechaye Creek
Chattooga River
Cheoah River
Cowee Creek
Cullasaja River
Deep Creek
Ellijay Creek
French Broad River
Garden Creek
-liwassee River
Hominy Creek
lotla Creek
Little Tennessee River (within the river or within 0.75 mile on either side of this river)
Nantahala River
Nolichucky River
North Fork French Broad River
North Toe River
Nottley River
Oconaluftee River (portion not located on trust/EBCI ]arid)
Peachtree Creek
Shooting Creek
Snowbird Creek
South Toe River
Stecoah Creek
Swannanoa River
Sweetwater Creek
26

0 •
'I'uckasegee River (also spelled Tuckaseegee or Tuckaseigee)
Valley River
Watauga Creek
Watauga River
Wayah Creek
West Fork French Broad River
To determine notification requirements, contact the Corps Asheville Regulatory Field Office at
[phone] or view maps for all corridors at the following World Wide Web page:
litt :/lwww.saw.usace.arm .mil/Missions/Re17ulator -Permit-Pro,=ram/A Tenc -
Coordination/Designated-Special-Waters.aspx
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1 Limitation of Loss of Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of more than 300
total linear feet of stream bed, unless the District Engineer has waived the 300 linear foot limit
for ephemeral and intermittent streams on a case -by -case basis and has determined that the
proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic
environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and
documented by appropriate/accepted stream quality assessments*. This waiver only applies to
the 300 linear feet threshold for NWPs.
This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions).
*NOTE: Permittees should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
littps:l/rihits. usace.arrny.inil/ribits apex/f?p=107:27:0::NO:::
3.2 Mitigation for Loss of Stream Bed
For any NWP that results in a loss of more than 150 linear feet of stream, the permittee shall
provide a mitigation proposal to compensate for more than minimal individual and cumulative
adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that
require a PCN, the District Engineer may determine, on a case -by -case basis, that compensatory
mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic
environment.
3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream, intermittent or ephemeral stream, the perinittce shall submit a PCN to the
District Engineer prior to commencing the activity (see General Condition 32). This applies to
27

L
E
NWPs that do not have specific notification requirements. If NWP has specific notification
reauirements_ the reauirements of the NWP should he followed_
3.4 Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, live or fresh concrete,
including bags of uncured concrete, may not come into contact with the water in or entering into
waters of the United States. Water inside coffer dams or casings that has been in contact with
wet concrete shall only be returned to waters of the United States after the concrete is set and
cured and when it no longer poses a threat to aquatic organisms.
3.5 Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following;
measures shall be applied:
3.5.1. Where bank stabilization is conducted as part of an activity, natural design, bioengineering
and/or geoengineering methods that incorporate natural durable materials, native seed mixes, and
native plants and shrubs are to be utilized to the maximum extent practicable.
3.5.2. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters. The placement of Filter fabric is not required if the riprap will be pushed
or "keyed" into the bank of the waterbody. A waiver from the specifications in this Regional
Condition may be requested in writing. The waiver will only be issued if it can be demonstrated
that the impacts of complying with this Regional Condition would result in greater adverse
impacts to the aquatic environment.
3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.4. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.5. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.6. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
3.6 Requirements for Culvert Placement
3.6.1 For all NWPs that involve the construction/installation of culverts. measures will be
included in the construction/installation that will promote the safe passage of Fish and other
aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or
culvert should not be modified by altering the width or depth of the stream profile in connection
with the construction activity. The width, height, and gradient of a proposed culvert should be
28

® 0
sufficient to pass the average historical low flow and spring flow without adversely altering flow
velocity. Shrine flow is the seasonal sustained high flow that tveically occurs in the sori[IL.
Spring (lows should be determined from gage data, if available. In the absence of such data,
bank -lull flow can be used as a comparable indicator.
In Public Trust Areas of Environmental Concern (AEC) and/or the Estuarine Waters AEC as
designated by the Coastal Area Management Act (CAMA): All pipes/culverts must be
sufficiently sized to allow for the burial of the bottom of the culvert at least one foot below
normal bed elevation.
Circular
Culvert
t
12 Inches
Invert
o:r
� ewe
Diameter)
In all other areas: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried to maintain
aquatic passage and to maintain passage during drought or low flow conditions, and every effort
shall be made to maintain the existing channel slope.
Culverts must be designed and constructed in a manner that minimizes destabilization and head
cutting. Destabilizing the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A waiver from the depth specifications in this condition may be requested, in writing, by the
permittee and issued by the Corp; this request must be specific as to the reasons(s) for the
request. The waiver will be issued if it can be demonstrated that the proposed design would
result in less impacts to the aquatic environment.
All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
29

0 •
Culverts placed across wetland fills purely for the purposes of'equalizing surface water do not
have to be buried, but the culverts must be of adequate sire and/or number to ensure unrestricted
transmission of water.
3.6.2 Bank -full flows (or less) shall be accommodated through maintenance ofthe existing bank -
full channel cross sectional area. Additional culverts or culvert barrels at such crossings shall be
allowed only to receive bank -full flows.
Approach Fill.
Roadway
Baffie! Stream
Blockage Bottom
Culvert buried
below streambed
tea appropriate
depth (if required).
3.6.3 Where adjacent floodplain is available, flows exceeding bank -full should be accommodated
by installing culverts at the floodplain elevation. Additional culverts or culvert barrels at such
crossings should not be buried.. or if buried, must have sills at the inlets to ensure that they only
receive flows exceeding bank -full.
3.6.4 Excavation of -existing stream channels shall be limited to the minimum necessary to
construct or install the proposed culvert. The final width of the impacted stream at the culvert
inlet and outlet should be no greater than the original stream width. A waiver from this condition
may be requested in writing; this request must be specific as to the reason(s) for the request. The
waiver will be issued if the proposed design would result in less impacts to the aquatic
environment and/or if it can be demonstrated that it is not practicable to restore the final width of
the impacted stream at the culvert inlet and outlet to the width of the original stream channel.
3.6.5 The width of the culvert shall be comparable to the width of the stream channel. If the
width of the culvert is wider than the stream channel, the culvert shall include baffles, benches
and/or sills to maintain the width of the stream channel. A waiver from this condition may be
requested in writing; this request must be specific as to the reason(s) for the request. The waiver
will be issued if it can be demonstrated that it is not practicable or necessary to include baffles,
benches or sills and the design would result in less impacts to the aquatic environment.
3.7 Notification to NCDEQ Shellfish Sanitation Section
Permittees shall notify the NCD11Q Shellfish Sanitation Section prior to dredging in or removing
a diment from/, an area closed to shc1l. fisIhing where the CIflucrlt /flay lle released LU ail area VJJ"I
for shell fishing or swimming in order to avoid contamination from the disposal area and cause a
temporary shellfish closure to be made. Such notification shall also be provided to the
appropriate Corps Regulatory field Office. Any disposal of sand to the ocean beach should
occur between November I and April 30 when recreational usage is low. Only clean sand
30

should be used and no dredged sand from closed shell fishing areas may be used. If beach
disposal were to occur at timcs other than stated above or if sand from a closed shell fishinc area
is to be used, a swimming advisory shall be posted, and a press release shall be issued by the
perm ittee.
3.8 Submerged Aquatic Vegetation
Impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP, except NW13
48, unless EFH Consultation has been completed pursuant to the Magnuson -Stevens Fisheries
Conservation and Management Act (Magnuson -Stevens Act). Permittees shall submit a PCN
(See NWP General Condition 32) to the District Engineer prior to commencing the activity ifthe
project would affect SAV. The permittee may not begin work until notified by the Corps that the
requirements of the Magnuson -Stevens Act have been satisfied and that the activity is
authorized.
3.9 Sedimentation and Erosion Control Structures and Measures
All PCNs will identify and describe sedimentation and erosion control structures and measures
proposed for placement in waters of the United States. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.
3.10 Restoration of Temporary Impacts to Stream Beds
Upon completion of work that involves temporary stream impacts, streambeds arc to be restored
to pre -project elevations and widths using natural streambed material such that the impacted
stream reach mimics the adjacent upstream and downstream reach. The impacted area shall be
backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth
of the impacted area if shallower than 12 inches. An engineered in -stream structure or material
can be used to provide protection of buried structure if it provides benefits to the aquatic
environment and can be accomplished by a natural streambed design. A permittee may request a
waiver of this condition if it is determined a buried structure needs significant physical protection
beyond those provided in this condition. This condition does not apply to NWP 27 — Aquatic
Habitat Restoration, Enhancement, and Establishment Activities.
3.11 Restoration of Temporary Impacts to Stream flanks
Upon completion of work involving temporary stream bank impacts, stream banks are to be
restored to pre -project grade and contours or beneficial grade and contours it'the original bank
slope is steep and unstable. Natural durable materials, native seed mixes, and native plants and
shrubs are to be utilized in the restoration. Natural designs which use bioengineered and/or geo-
engineered methods are to be applied. An engineered structure or material can be used to provide
protection of a buried structure if it provides bcnefits to the stream bank environment, provided it
is not in excess ofthe minimum amount needed for protection and does not exceed an average of
one cubic yard per running foot placed along the bank below the plane of the ordinary high water
mark. A permittee may request a waiver of this condition it' it is determined a buried structure
31

0 0
needs significant physical protection beyond those provided in this condition. This condition
does not apply to NWP 27 —Aquatic Habitat Restoration. Enhancement, and Establishment
Activities.
3.12 Federal Navigation Channel Setbacks and Corps Easements
3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways
will be constructed in accordance with the latest setback criteria established by the Wilmington
District Engineer. You may review the setback policy at
http://www.saw.usace.army.mil/Missions/Navi��ation/Setbacks.aspx. This general permit does
not authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The permittee shall
submit a PCN (see General Condition 32) to the District Engineer prior to the construction of any
structures or fills within the Federally Authorized Channel Setback.
3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging or other work within the
right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: SAWWeb-NAV nausacc,arrnv.mil
3.13 Northern Long-eared Bat — Endangered Species Act Compliance
The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States
Fish and Wildlife Service (USFWS) in regards to the threatened Northern long-eared bat
(NLEB) (Myolis seplenlrionalis) and Standard Local Operating Procedures for Endangered
Species (SLOPES) have been approved by the Corps and the USFWS. This condition concerns
effects to the NLEB only and does not address effects to other federally listed species and/or
federally designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to include non-
federal aid North Carolina Department of Transportation (NCDOT) projects, OR;
• the project is located in the 59 eastern counties of North Carolina, and is a non-
NCDOT project.
*Generally, if a project is located on private property or on non-federal land. and the project
L _ P ..- -1 - -1 1- - - - r- -' - - . 1- . ! . .111 1. . 1 , .1 1` .1 1 , 11
is riot being luffUCd by a lederar Cntity, Me Corps will DC LnC lead federal agency due to Lne
requirement to obtain Department of the Army authorization to impact waters ofthe United
States. If the project is located on federal land, contact the Corps to determine the lead
federal agency.
32

J
s
M A permittee usine a N W P must check to see if their oroicct is located in the ran{re of
the NLEB by using the following website:
http://www.fws.+i,ov/midwest/endaiigei•ed/mammals/pleb/pdf%WNS%one.pdf. If the
project is within the range of the NLEB, or if the project includes percussive activities
(e.g., blasting, pile driving, etc.), the permittee is then required to check the appropriate
website in the paragraph below to discover if their project:
• is located in a 12-digit Hydrologic Unit Code area (`red HUC" - shown as red areas
on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
littp://www.fws.,Gov/ashevillc/htm[s/pi-oject_review/NLEB_in WNC.html. For the eastern
59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the
project location against the electronic maps found at:
littps://www.f",s.g_ov/raIci gh/N LE B_R FO.htm I.
(2) A permittee must submit a PCN to the District Engineer, and receive written
authorization from the District Engineer, prior to commencing the activity, if the activity
will involve as of the following:
• tree clearing/removal, construction/installation of wind turbines in a red I-IUC,
AND/OR:
• bridge removal or maintenance, unless the bridge has been inspected and there is
no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR:
percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The permittee may proceed with the activity without submitting a PCN to either the Corps
or the USFWS, provided the activity complies with all applicable NWP terms and general
and regional conditions, if the permittee's review under A.(1) and A.(2) above shows that
the project is:
located outside of a red I-IUC (and there are no percussive activities), and the
--a__._--- --- .II AIfIT ____I.. J_ 1___. J- .__.____._1 _ _ ____[__._ ____1___ .I__ I___7J_ _ I__
dkAIVILy WIII IVL! 1 11RAIJUG U1IUgt; IUn-ioval Uf IllaIIIEC11a11GC, LlI11la5 L[IG UI]UgC rids
been inspected and there is no evidence of bat use, OR;
located outside of a red E-IUC and there are percussive activities, but the percussive
activities will not occur within 0.25-mile of a red HUC boundary, and the activity
will NOT include bridge removal or maintenance, unless the bridge has been
inspected and there is no evidence of bat use, OR;
33

located in a red HUC, but the activity will NOT include: tree clearing/removal:
constrlrction/installat.ion of wind turbines: bri&,e removal or maintenance. unless
the bridge has been inspected and there is no evidence of bat use; and/or; as
percussive activities.
B. Procedures when the USACE is not the lead federal agency:
For projects where another federal agency is the lead federal agency - if that other federal agency
has completed project -specific ESA Section 7(a)(2) consultation for the NLEB, and has (1)
determined that the proiect would not cause prohibited incidental take of the NLEB. and (2)
completed coordination/consultation that is required by the USFWS (per the directions on the
respective USFWS oil -ice's website), that project may proceed without notification to either the
USACE or the USFWS, provided all General and Regional Permit Conditions are met.
The NLEB SLOPES can be viewed on the USACE website at the following World Wide Web
Page: http://www.saW.usace,army.mil/Missions/Re„trlatory-Permitt-Prossrain/AP-enev-
Coordination/h.SA/. Permittees who do not have internet access may contact the USACE at (910)
. C 1 A l 1 1
LJI-�tQ».
3.14 Work on Eastern Band of Cherokee Indians Land
All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee
Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land), must
comply with the requirements of the latest MOU between the Wilmington District and the
Eastern Band of Cherokee Indians.
4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP #39 - Commercial and Institutional Developments
4.1.1 Discharges in perennial streams, intermittent streams and wetlands for stormwater
management facilities are prohibited under this NWP.
A 1 I NPI. of;Ar.lr ;r;t;an th.t torn ;.�t the institutional
.�..1
T.■a. \\.dlbU Lono11 lIA4✓111LI a Lllul Ure Alcor polCillu llllV LI 11.. l.ollllllell.l(li or ruaululwuul
development can be authorized by this NWP.
4.1.3 Discharges of dredged or fill material into waters of the United States, including wetlands,
within the lloodway* resulting in permanent above -grade tills are not authorized by this NWP.
*NOTE: Floodway means the area designated and/or regulated by Federal, state, or local
requirements to provide for the discharge of the base flood so the cumulative increase in water
snrfare elf-vntinn is nn mnn- than n riecionnterl heioht irtentifli-d by the rPoidntino entity uiithin
the 100-year floodplain.
34

4.1.4 Discharges of dredged or fill material into waters of the United States, including wetlands,
within the mapped PE -MA I00-year floodplain resulting in permanent above -grade fills are not
authorized by this NWP.
4.1.5 This N W P may not be used to authorize discharges of dredged or (ill material into waters
of the United States that have been identified or designated by the State of North Carolina as:
High Quality Waters (HQW), including only SA, PNA, WS-1 and WS-II waters.
Coastal Wetlands as defined by North Carolina's Coastal Area Management Act.
Wetlands adjacent to these HQW waters.
*NOTE: Definitions of HQW, SA, PNA, WS-1, WS-11 waters and Coastal Wetlands can be
found in the North Carolina State Administrative Code, Title I5A, Subchapters 213 and IOC
(15A NCAC 0213, 15A NCAC I OC) and at the following World Wide Web page:
http://reports.oah.state.nc.us/Ileac.asp?foIderName=\Title%2015A%20-
%20 Env ironmental%2OQuaIity&look UpErrorrl5A%20NCAC%20000%20. Surface water
classifications for waters in North Carolina can be viewed at the North Carolina Division of'
Water Resources website or at the following link: https://deg.nc.�,)ov/about/divisions/water-
resources/planning/class ificat ion-standards/cl ass ifrcations. Permittees who do not have internet
access may contact the Corps at (910) 251- 4633.
4.1.6 If riprap stabilization is needed, it should be placed only on the stream banks, or, if' it is
necessary to be placed in the stream bed, the finished top elevation of the riprap should not
exceed that of the original stream bed.
4.1.7 Utility lines authorized by this NWP shall comply with the terms and conditions, including
regional conditions, of NWP 12.
35

0 0
MINING CHECKLIST FOR ROUTING 1
ruy L t r
A P/elicant's Name:� P1ro'ectName:
Applic./ Permit No: County: ,� Date Received:'
Reviewer: s�I ► ally --
River Basin Name: LIP � , J' f j,.�. _
`�/New ❑ Modification (inside permit boundaries)
❑ Modification (outside "it boundaries) ElTransfer ❑ Release
El Partial Release LEI' Addition[ Information ❑ Fee Needed:; ❑ Fee Received:;
Plea route entire application package to:
Regional Office (z complete copies; attach the "LQS Regional Office Mining Application Review
Cheddist" to one COPY l attack both the DAQand DWR "Mining Application Review Form" to the other copy; send both copies to the Regional
Engineer) —
Date: Routed
Rec'd
❑
Division of Water Resources
Date: Routed
Rec'd
❑
NC Wildlife Resources Commission
Date: Routed
Rec'd
❑
US Fish a Wildlife Service
Date: Routed
Rec'd
..r i J•r .� ale I, n •.�
temp new appencaiior�s ana moaquation requests snot add nano to the pernuV
Please route first 3 pages of the application and any location maps to:
❑
Division of Parks dt Recreation
Date: Routed
Rec'd
❑
NC Geological Survey Section
Date: Routed
Rec'd
❑
Division of Marine Fisheries
Date: Routed
Rec'd
❑
Division of Soil ir'Water Conservation (plus LEA)
Date: Routed
Rec'd
(Only new applications and modifications requests that add land to the
permit)
❑
Division of Archives & History
-
Date: Routed
Rec'd
.
(may new applicants)
❑
Other:
Date: Routed
Rec'd
Suspense Date f or Comments:(no later than 25 days from receipt)
❑ Please note the following:

•- •
T /�
I w
� % (� -1 � I MV.
ENGINEERING -- SURVEYING
CORPORATE LICENSE: C-1771
101 W. MAIN ST., SUITE 202
GARNER, NC 27529
PHONE [phone]
FAX [phone]
TRANSMITTAL
RECEVVED
JUL 2 7 2018
�. �i"�' ; QUAUTY
Il t- "fN ;P aRO;G RAM
DATE:
7-27-18
TO:
Ms. Judith A. Wehner
FROM:
Chuck Piratzky
r-%SslJlalll Qt t IVIIIIII lu
r\VVr\, r-P1
Specialist
101 W. Main Street
Division of Energy, Mineral,
Suite 202
and Land Resources
Garner, NC 27529
A A^ \ ■ _" ' _ /1 _
10 1 L Mall �uiv (;e 'enter
Raleigh, NC 27699
REF:
Notification of Jurisdictional
Determination
TEL:
TEL:
919-779-4854
CC:
PAGES
ENCLOSED:
2 Copies of Notification of Jurisdictional Determination.

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-02582 County: Lee U.S.G.S. Quad: NC-SANFORD
NOTWICATION OF JURISDICTIONAL DETERMINATIONECEIVE®
JUL 2 7 2018
Applicant: Brown's Environmental Group
Wvatt Brown LAND QUALITY
Address: 242 Batten Farm Road
MINING PROGW4
Selma, North Carolina 27576
Telephone Number: 919-524-5956
Size (acres)
200 (approximately)
Nearest Town
Sanford
Nearest Waterway
Upper -Little River
River Basin
Cape Fear
USGS Huc
03030004
Coordinates
latitude: 35.4025275917151
Longitude:-79.1320799915882
Location description:
The site is located approximately 600 feet Northeast of the Fred Stone Road terminus, in Lee
County, North Carolina. 1t is lderitifed as the Little River,
LLC Site.
Indicate Which of the FollowinL, Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable, Therefore this preliminaryjurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
'There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
13. Approved Determination
`!'here are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USG
§ 1344). Unless there is a change in lava or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements
of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
Page I of 2

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SAW-2015-02582
The waters of the U.S., including wetlands. on your project area hnve been delineated and the delineaf inn has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed Five years.
_ 'fhe waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed Five years from the date of this
notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
placement of dredged or till material within waters of the US, including wetlands, without a Department of the Anny permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
You have any questions regarding this determination and/or the Corps regulatory program, please contact. Andrew Williams at
[phone] or Andrew.E.Williams2(a�usace.army.mil,
C. Basis For Determination: Attached maps (4 sheets) indicating the potential waters of the United
States and the approximate boundaries of those waters.
D. Remarks: The 4 sheets are not signed. The Corps of Engineers, Wilmington District does not sign maps for
Preliminary Jurisdictional Determinations.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/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.
F. Appeals ]Information (This information applies only to approved jurisdictional determinations as indicates! in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyou object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 33 1. 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 following address:
US Army Corps of Engineers
South Atlantic Division
Attie. Jason Steele, Review Officer
60 Forsyth Street S W, Room 1 OM 15
Atlanta, Georgia 30303-8801
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 ofthe NAP.
Should you decide to submit an RFA form, it must be received at the above address by Not Applicable .
**lt is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**

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SAW-2 t115-02,582
Corps Regulatory Official: / �&'".../�''`
Date: March 21 2017 Expiration Date: Not Applicable
I `r`v'iii]]ii] tui_i District is cOnImitied to plovidin , tine highest level of Support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://coipsmapLi.usace.army.mil/eiii apex/f9D=136.4.0.
Copy Furnished:
Jennifer Burdette
North Carolina Department of Environmental Quality
1617 Mail Service Center,
Raleigh, NC 27699-1617

snw-20t 5-o2;x2
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Applicant: Wyatt Brown
Brown's Eiiviroiunental Grout),
File Number: SAW-2015-02582
Date: March 21, 2017
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of ernission)
A
❑
PROFFEREI] PERMIT (Standard Pen -nit or Letter of permission)
B
❑
PERM17DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
NJ
PRELIMINARY JURISDICTIONAL DETERMINATION
E
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A: INITIALPROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: if you received a Standard Pen it vnll rngv cion the na.rmit rtnrrrgnant and r_ft;;•n it tq tk; digtriCf en"inpE— f`ut fi:;al
- - o r t..
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 regLleSt
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. 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 rneans that you accept the permit in its entirety, and waive all
rights to appeal the pertnit, including its terns 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 11 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.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. '[his forth mast be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• 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 forni to the district engineer. This form
Itrust be received by the division engineer within 60 days of the date of this notice.

sAXv-2015-02582
O
1 : PRELIMINARY JURISDICTIONAL DETERMINATION: 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.
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SLC�I,�ION�II�R,I UI. S I�F�,QR Ai?I�1~,t11` a,,r OBJrCTIONS _�_® A� .�INI�i'�AiI�I'ROFFER>*;UnPI RIvI1T � '�_
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered pen -nit in clear concise statements. 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 Corns 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.
fP4IN l £OF'CON1lA�C7 F,,QR QUESTIONS �R&lNl ®R1V1�1�T_ION�` '_ _ " `" `max
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Andrew Williams
CESAD-PDO
3331 Heritiage Trade Drive, Suite 105
U.S. Army Corps of Engineers, South Atlantic Division
Wake Forest, North Carolina 27587
60 Forsyth Street, Room IOM15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 ofany site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-P1)O, 60 Forsyth Street, Room 10M115, Atlanta, Georgia 30303-8801
Phone: [phone]

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July 25, 2018
Ms. Judith A. Wehner
Assistant State Mining Specialist
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699
RE: Response to DEMLR June 25, 2018 Request for Additional Information
Proposed Little River Quarry
Lee County
Cape Fear River Basin
Dear Ms. Wehner:
Little River, LLC
709 Croswell Court
Whitsett, NC 27377
JUL 2 6 201E
LAND QUALITY
!MINING PROGRAM
This letter is in response to your June 25, 2018 letter requesting additional information
regarding our pending mining permit application. Please find our detailed responses to each item listed
based upon the latest information available. Our itemized responses to your letter are as follows:
Item 1: River crossing details must be provided. Provide design specifications, capacity of the bridge
structure and construction details. Include sediment and erosion control measures for the installation.
Include bridge maintenance. Show the wetland areas on the road profile. if phasing is to be
incorporated into the plans, provide a set of phase 1 mapping and a set of phase 2 mapping showing
what measures will be installed in each phase.
RESPONSE: As noted in our May 30, 2018 letter and discussed during our representatives' May 31,
2018 submittal meeting with you and David Miller, we intend to implement a two phased road
construction approach (each phase with its own erosion and sedimentation control measures) as
identified in the plan sheets and construction sequence previously provided to your office. Phase 1 road
construction addresses initial road construction including permanent and temporary culverted stream
crossings with associated erosion and sedimentation control measures (see Sheets 9-11) in an attempt
to address any stream and wetland impacts with the US Army Corps of Engineers (COE) and Division of
Water Resources (DWR) (the river will NOT be crossed in any way during Phase 1; the road will be
constructed via access from each end of the site and terminating at the top of each river bank as shown
on Sheet 10). Phase 2 road construction addresses bringing the road to final grade (using silt fence with
reinforced outlets along the perimeter and the same measures shown in Phase 1 until the final road
swales and check dams are constructed and stabilized; see Sheets 12-14). Phase 2 also includes

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Page 2
constructing bridges across the little River and Streams 2, 3 and 4 to minimize the potential impacts of
the access road on watercourses throughout the life of the mining operation (once the bridges and
abutments are constructed and stabilized, the temporary culverts will be removed). A legend and
additional labeling has been added to the Phase 1 and Phase 2 road construction plan sheets to clarify
the erosion and sedimentation control measures to be implemented. The locations and profiles
associated with the installation of the proposed permanent bridge crossings are shown on the Phase 2
road construction plan and profile sheets.
Because the bridge and abutment design for each permanent crossing involves various engineering
disciplines, we have contracted with the Timmons Group who has experience and expertise in this type
of complex design project. Timmons Group has already initiated its hydraulic/hydrological analysis of
the river and three streams to determine the amount of flow that must pass between the proposed
abutments and below the bridge to avoid raising the water level upstream of each crossing. This will
dictate the distance between/location and height of the abutments at each crossing. Once this analysis
is completed, we will provide Timmons Group's plans under separate cover/submittal showing the
limits of disturbance for each abutment's footprint, including appropriate erosion and sedimentation
control measures, design calculations, construction details and a construction sequence that will
provide the information your agency needs to complete its review of the erosion and sedimentation
control aspects of each crossing during Phase 2 road construction. Once the foundation analysis and
structural design for the bridges and their abutments are completed (the limits of disturbance for each
abutment shown on the plan noted above will not change), we will provide a comprehensive design
report for your office's review and approval that will incorporate the hydraulics/hydrological,
geotechnical, and structural design components for all four bridge crossings and their associated
abutments.
As requested, all wetland areas/boundaries have been added to the Phase 1 and Phase 2 road
construction plan and profile Sheets 9 through 14. As you can see from these sheets, we have
attempted to avoid most wetland areas with our road construction design, while still providing a safe
road for our haul trucks and employees. Thus, there are some areas where the preferred 50-foot
wetland buffer is not practical. In these particular areas, we have provided additional safeguards to
reduce the potential for sedimentation into the wetlands by adding a second row of silt fence with
reinforced outlets as shown on Sheets 9 through 14. In an email exchange with James Izzell on March
31, 2015, you indicated that this type of compromise would be acceptable.
Item 2: Provide a copy of the information submitted to the Division of Air Quality regarding the proposed
temporary crusher and a copy of the response received from the Division of Air Quality.
RESPONSE: On June 8, 2018, we sent your office a copy of the response received from the Division of Air
Quality (DAQ) indicating that no DAQ permit is required for the proposed mobile crusher. However, per
your request, we are providing another copy of the May 31, 2018 DAQ permit determination letter
along with a copy of the package of information that was submitted to DAQ on May 10, 2018 that they
reviewed in making their determination.

CJ
Page 3
Item 3: Provide proof that your company has the wetlands delineated and approved by the US Army
Corps of Engineers. Provide a stream determination from the Division of Water Resources. Provide proof
that your company has obtained the necessary permits for the streom/river crossings (4041401
permit/approvals for the streom/river crossings). Approval and details for the river crossing must be
submitted.
RESPONSE: Little River has hired a qualified consultant to evaluate the extent of anticipated impacts to
streams and wetlands and to manage the permitting process with the COE and DWR. We believe that
the impacts will be less than 1Sa feet and below the threshold for an individual permit and, thus, we are
pursuing a Preconstruction Notification (PCN) encompassing all stream and wetlands impacts. As you
requested, all wetlands have been added to Sheets 9 through 14 to show the relationship between the
proposed access/haul road construction and the delineated wetlands, along with additional safeguards
to protect agall lit JCUf111CI ItatIUlll Il llp'Q LtJ.
As noted on the plans and in the construction sequence provided, temporary stream crossings with
culvert installations installed during Phase 1 road construction will be removed within 6 months of
construction (the exceptions being the permanent culverts at Stream #1 and the tributary to Stream #2)
and will be replaced with bridge crossings during Phase 2 road construction. We do NOT intend to cross
the river during Phase 1 road construction. As noted, the access road will be constructed from each end
of the proposed road and will terminate at the top of each bank of the river where silt fence will be
provided and maintained until removed during Phase 2 road and bridge construction. All stream and
wetland impacts have been minimized as much as possible and defined and submitted to the COE for its
determination as to whether or not a COE permit will be required. Once a determination is made by the
COE, a copy of such determination will be provided to your office for your files. We will also proceed
with applying for any necessary DWR 401 water quality certifications that may be required. Besides the
permanent culverts in Stream 1 and the tributary to Stream 2, the only stream impacts that will occur
at the site will be temporary and during Phase 1 road construction until the culverts are removed
within six months of installation; Phase 2 will not involve any stream impacts due to the use of
bridges.
Also, Timmons Group's upcoming design package for the bridge crossings will include modeling
information to pursue a No -Rise certification from local authorities indicating that no FEMA floodplain
impacts will be created by the construction of the proposed road and bridge placements. If a No -Rise
certification is not feasible, a CLOMAR LOMAR will be obtained and provided to your office.
Item 4: Provide staged construction and seeding of the overburden storage areas. Note that all
screening berms must be constructed and stabilized within one year of the starting of mining activities.
RESPONSE: Construction details for overburden storage areas (and berms) are shown on Sheet 19. In
addition, we believe the construction sequence and the overburden storage area and earthen berm
details provided on Sheets 17 and 19 address staged construction and temporary/permanent seeding of

o � o
Page 4
the overburden storage areas and berm, including a provision for slope drains and benching overburden
storage areas and berms if they should be constructed over 30 feet in height. The overburden storage
areas and berms will be constructed by placing fill material in one -foot, compacted lifts with side slopes
being graded 2:1 or flatter (this clarification has been added to the construction sequence and
construction details). In addition, the overburden storage areas and berms, as well as other land
disturbing activities throughout the site, will be provided with groundcover within 7 and 14 days of
inactivity as required by the stormwater program seeding requirements as outlined in the tables shown
on Sheets 7 and 19.
Lastly, a note has been added to the construction sequence (same as the note that was added to the
berm detail in our previous submittal) stating that all screening germs must be constructed and
stabilized within one year of the start of mining activities.
Item 5: Label the cross-section A -A as A on the plan as AA to Al.
RESPONSE: Per your request, we have labeled the Section A to A for the Mining Area Section as "A" on
Sheet 3. In addition, we have labeled the Section Al to Al for the Plant and Stockpile Area Section as
"Al" on Sheet 6. Lastly, we have added a reclamation cross section detail for the Freshwater Supply -
Recreational Lake as Section B to B and labeled it "B" on Sheet 6.
Item 6: The apparent conflict between the emergency access rood and visual barrier berm construction
needs clear resolution by detailing of road location and internal haul road detailing/traffic flow between
work areas. Provide on enlargement of said area that details the locations of all features.
RESPONSE: As previously noted, the initial ingress and egress to the work areas will be by use of the
"emergency site access road". This access road is generally shown on Sheet 3, and with greater detail of
the road with respect to the berm provided on Sheet S. The road is now shown to run along the toe of
the proposed earthen berm and into the mine site until it ties into the haul road at the natural ground
surface that leads to the plant area. This will provide another exit from the plant site in case of an
emergency.
Details have been added to Sheet 5 in the lower left-hand corner that convey the direction and use of
this road over time, primarily to assist with site access and initial grading until the bridges and final haul
road are constructed from NC 87 to the plant site. The first detail/schematic on Sheet 5 shows the initial
access road generally following along the limits of disturbance as perimeter erosion and sedimentation
control measures are installed. The second detail/schematic on Sheet S shows the access road opening
into the larger cleared area for the initial site development. The third detail/schematic on Sheet 5
shows the access road in its final state running along the toe of the visual barrier berm and tying into the
haul road that leads to the plant area as noted above.
After initial site access, this road will be used sparingly by local emergency response vehicles (as
required by the local government) and small vehicular traffic (cars and pickup trucks) and will not be
used as a haul road.

Page 5
item 7: Provide inlet and outlet protection foe the access road construction culverts.
RESPONSE: There are two different configurations for access road culvert installations. While
permanent culverts (at Stream 1 and the tributary to Stream 2) will have inlet and outlet rip rap
protection as shown on the plan sheets and construction detail on Sheet 16, the temporary culverts will
only have geotextile fabric underlying the culverts which will be extended upstream and downstream of
the culvert for energy dissipation and prevention of scour (to avoid adding fill or stone to the stream).
The stream crossing construction detail on Sheet 16 has been modified to clarify these differences.
Ir.r— O. TJ— F flr..,,;r.. A—,;- ;-4C^ —4-;-- .... .,.+ A——,J,.1..—..---4.
1 LGIrr U. rfr6 JUri VYYrr IV UUairr rr rf Vr rrr WLrVH I FUJC LC UUUI CJJCV.
a. The details and grading plan for the construction of the sediment basins should consistently
reflect a flat or horizontal basin bottom. The current details and contours are inconsistent on
this key design feature. This impacts settling efficiency within the basins, and could also result in
reduced storage capacity.
RESPONSE: Both sediment basin details on Sheet 15 have been modified to show horizontal
L... ..•... �_...._....
uasin bottoms.
b. Sediment Basin 5 is designed for a depth of 4 feet, but is shown at 3 feet on the schedule on
Sheet 15 of 20 of the plans. This should be consistent.
RESPONSE: Sediment Basin 5 in the chart on Sheet 15 has been corrected to a depth of 4 feet.
c. One of the basic design requirements for riser sediment basins is that the crest of the riser be a
minimum of 1 foot below the crest of the emergency spillway. All are shown at only 0.5 feet
below the Emergency Spillway. It is important that this be corrected as it increases the likelihood
of failure of the berm. This may also impact the footprint occupied by the berm.
RESPONSE: The Sediment Basin Riser, Barrel, Anchor and Skimmer Schedule on Sheet 15 has
been adjusted to provide a minimum one foot of freeboard between the riser and emergency
spillway.
d. Correct label of Basin SB#4 on Sheet 8 of 20 to reflect that it is SB#3. Provide a detail showing
),nur +n nrn nn the rnnnnr+ the rlremmnr +r� +hn rirnr r+r..r+,.rn
uvry w l.r, vf..�„r L.vrnrc.bl uro onn nincr cv uic i row Ju ua.lur c.
RESPONSE: Basin SB#3 has now been properly labeled on Sheet 8. Clarification on how the
skimmers will be connected to the riser structures has been provided on Sheet 15.
e. Please provide alphanumeric designations (suggest RSB#1, RSB#2, etc.) for rock dam sediment
basins, rather than providing only station numbers.
RESPONSE: All rUtk ddfT1 sediment basin.5 have been labeled accordingly on the Phase 1 road
construction plan Sheets 9 — 11 and in the Rock Dam Sediment Basin Schedule on Sheet 1S.

0
Page 6
f. The specifications for the dewotering devices (skimmers) must be based on time to drain the
required design volume rather than the actual volume of the basins. The designer hos used the
actual volume as the basis for the design which has the effect of reducing dewatering time below
what is required.
RESPONSE: The required design volume has been used to design the orifice size in the skimmers
as shown in the revised calculation packet and in the revised Sediment Basin Riser, Barrel,
Anchor and Skimmer Schedule on Sheet 15.
g. Any changes may impact other design aspects, so design calculations reflecting proposed
revisions should be re -checked by the designer.
RESPONSE: Acknowledged.
Item 9: Provide the approximate life of the mine in years.
RESPONSE: We estimate the life of this mine to be approximately 60 years.
Thank you for this opportunity to address your remaining concerns. We are hopeful that the
above information and the revisions made to our plans and design calculations as outlined above is
sufficient to conclude this longstanding permit review process and will allow your office to issue a
conditional mining permit as provided in "DEMLR's Policy/Guidelines for Administering Mining
Permits" last updated December 1, 2017 (see attached). We are requesting that the mining permit be
issued on the condition that Phase 1 initial road construction and associated stream crossings cannot
commence until COE and DWR concurrence is obtained and that Phase 2 final road construction and
bridge abutment site preparation work can proceed — provided that we submit an approvable plan with
the footprint of the abutments and associated erosion and sedimentation control measures before you
act upon this submittal — but that the final abutment and bridge construction cannot be initiated until
the full design of the foundations, wingwalls and bridges has been submitted to and approved by your
office.
If you should have any questions on the above, please contact Mr. Tracy E. Davis, PE at (919)
368-0246.
Sincerely,
n r�
1
Sue Ellen Harrington
Little River, LLC
Attachments:
Copy of May 31, 2018 letter from DAQ to Littler River concurring that no DAQ permit required
Copy of Little River's May 10, 2018 transmittal letter and emissions spreadsheet sent to DAQ
Revised Mining Permit Application Plan Sheets
Revised Mining Permit Application Design Calculations
DEMLR's Policy/Guidelines for Administering Mining Permits last updated on December 1, 2017

MINING CHECKLIST FOR ROUTING
Applicant's Name: Lt Il`A/1N)rj L �{� ProlectName: �{ '(�&HAI aj/
i 11e1 h 1 j Q
NPPLZC./ Yermit 1V0: bounty: Late Received: (' or! / tj
Reviewer: JRiver Basin Name:
New ❑ Modification (inside permit boundaries)
❑ Modification (outside permiit,boundaries) ❑ Transfer ElRelease
❑ Partial Release ),dAdditional Information ❑ Fee Needed: s ❑ Fee Received: s
Plead route entire/application package to
I Regional Office (z complete codes; attach the "LQS Regional Office Mining Application Reoiem
Checklist" to one copy and attach both the DAQand DWR "Mining Application Review Form" to the other copy; send both copies to the Wonal
Engineer) —
Date: Routed r�� Rec'd
❑ Division of Water Resources Date: Routed Rec'd
❑ NC Wildlife Resources Commission Date: Routed Rec'd
❑ US Fish d1 Wildlife Service Date: Routed Rec'd
tmy new applications and "'WTcation requests that ada land to the permit)
Please route first 3 pages of the application and any location maps to:
❑ Division of Parks e Recreation Date: Routed
❑ NC Geological Survey Section Date: Routed
r ❑ Division of Marine Fisheries Date: Routed
n -feat} ]s 117— /.1..- i C A l Date_ D__.t_2
LJ 1JIvlasurt Vj Oust V Ir C"Cr %,UIQCI uLLLIVi1 `Pa"a )dill` L[ILC. zkuutrtt
(Only new applications and modification requests that add land to the permit)
❑ Division of Archives dJ History Date: Routed
(only new applicants)
❑ Other: Date: Routed
Rec'd
Rec'd
Rec'd
D__7]
IXCL "
Rec'd
Rec'd
Suspense Date for Comments: (no later than 25 days from receipt)
❑ r""lease note the following:
ME
5�

0
Ms. Judith A. Wehner
July 25, 2018
Assistant State Mining Specialist
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699
RE: Response to DEMLR June 25, 2018 Request for Additional Information
Proposed Little River quarry
Lee County
Cape Fear River Basin
Dear Ms. Wehner:
Little River, LLC
709 Croswell Court
Whitsett; NC 27177
RECEIVE®
JUL 25 2018
LAND QUALITY
MINING PROGRAM
This letter is in response to your June 25, 2018 letter requesting additional information
regarding our pending mining permit application. Please find our detailed responses to each item listed
based upon the latest information available. Our itemized responses to your letter are as follows:
Item 1: River crossing details must be provided. Provide design specifications, capacity of the bridge
structure and construction details. Include sediment and erosion control measures for the installation.
Include bridge maintenance. Show the wetland areas on the road profile. If phasing is to be
incorporated into the plans, provide a set of phase 1 mapping and a set of phase 2 mapping showing
what measures will be installed in each phase.
RESPONSE: As noted in our May 30, 2018 letter and discussed during our representatives' May 31,
2018 submittal meeting with you and David Miller, we intend to implement a two phased road
construction approach (each phase with its own erosion and sedimentation control measures) as
identified in the plan sheets and construction sequence previously provided to your office. Phase 1 road
construction addresses initial road construction including permanent and temporary culverted stream
crossings with associated erosion and sedimentation control measures (see Sheets 9-11) in an attempt
to address any stream and wetland impacts with the US Army Corps of Engineers (COE) and Division of
Water Resources (DWR) (the river will NOT be crossed in any way during Phase 1; the road will be
constructed via access from each end of the site and terminating at the top of each river bank as shown
on Sheet 10). Phase 2 road construction addresses bringing the road to final grade (using silt fence with
reinforced outlets along the perimeter and the same measures shown in Phase 1 until the final road
swales and check dams are constructed and stabilized; see Sheets 12-14). Phase 2 also includes

0
0
Page 2
constructing bridges across the Little River and Streams 2, 3 and 4 to minimize the potential impacts of
the access road on watercourses throughout the life of the mining operation (once the bridges and
abutments are constructed and stabilized, the temporary culverts will be removed). A legend and
additional labeling has been added to the Phase 1 and Phase 2 road construction plan sheets to clarify
the erosion and sedimentation control measures to be implemented. The locations and nrnfiles
associated with the installation of the proposed permanent bridge crossings are shown on the Phase 2
road construction plan and profile sheets.
Because the bridge and abutment design for each permanent crossing involves various engineering
disciplines, we have contracted with the Timmons Group who has experience and expertise in this type
of complex design project. Timmons Group has already initiated its hydraulic/hydrological analysis of
the river and three streams to determine the amount of flow that must pass between the proposed
abutments and below the bridge to avoid raising the water level upstream of each crossing. This will
dictate the distance between/location and height of the abutments at each crossing. Once this analysis
is completed, we will provide Timmons Group's plans under separate cover/submittal showing the
limits of disturbance for each abutment's footprint, including appropriate erosion and sedimentation
control measures, design calculations, construction details and a construction sequence that will
provide the information your agency needs to complete its review of the erosion and sedimentation
control aspects of each crossing during Phase 2 road construction. Once the foundation analysis and
structural design for the bridges and their abutments are completed (the limits of disturbance for each
abutment shown on the plan noted above will not change), we will provide a comprehensive design
report for your office's review and approval that will incorporate the hydraulics/hydrological,
geotechnical, and structural design components for all four bridge crossings and their associated
abutments.
As requested, all wetland areas/boundaries have been added to the Phase 1 and Phase 2 road
construction plan and profile Sheets 9 through 14. As you can see from these sheets, we have
attempted to avoid most wetland areas with our road construction design, while still providing a safe
road for our haul trucks and employees. Thus, there are some areas where the preferred 50-foot
wetland buffer is not practical. In these particular areas, we have provided additional safeguards to
reduce the potential for sedimentation into the wetlands by adding a second row of silt fence with
reinforced outlets as shown on Sheets 9 through 14_ In an email exchange with James lzzell on march
o_
31, 2015, you indicated that this type of compromise would be acceptable.
Item 2: Provide a copy of the information submitted to the Division of Air Quality regarding the proposed
temporary crusher and a copy of the response received from the Division of Air Quality.
RESPONSE: On June 8, 2018, we sent your office a copy of the response received from the Division of Air
Quality (DAQ) indicating that no DAQ permit is required for the proposed mobile crusher. However, per
your request, we are providing another copy of the May 31, 2018 DAQ permit determination letter
along with a copy of the package of information that was submitted to DAQ on May 10, 2018 that they
reviewed in making their determination.

0
Page 3
Item 3: Provide proof that your company has the wetlonds delineated and approved by the US Army
Corps of Engineers. Provide a stream determination from the Division of Water Resources. Provide proof
that your company has obtained the necessary permits for the stream/river crossings (4041401
permit/approvals for the stream/river crossings). Approval and details for the river crossing must be
submitted.
RESPONSE: Little River has hired a qualified consultant to evaluate the extent of anticipated impacts to
streams and wetlands and to manage the permitting process with the COE and DWR. We believe that
the impacts will be less than 150 feet and below the threshold for an individual permit and, thus, we are
pursuing a Preconstruction Notification (PCN) encompassing all stream and wetlands impacts. As you
requested, all wetlands have been added to Sheets 9 through 14 to show the relationship between the
proposed access/haul road construction and the delineated wetlands, along with additional safeguards
to protect against sedimentation impacts.
As noted on the plans and in the construction sequence provided, temporary stream crossings with
culvert installations installed during Phase 1 road construction will be removed within 6 months of
construction (the exceptions being the permanent culverts at Stream 91 and the tributary to Stream h2)
and will be replaced with bridge crossings during Phase 2 road construction. We do NOT intend to cross
the river during Phase 1 road construction. As noted, the access road will be constructed from each end
of the proposed road and will terminate at the top of each bank of the river where silt fence will be
provided and maintained until removed during Phase 2 road and bridge construction. All stream and
wetland impacts have been minimized as much as possible and defined and submitted to the COE for its
determination as to whether or not a COE permit will be required. Once a determination is made by the
COE, a copy of such determination will be provided to your office for your files. We will also proceed
with applying for any necessary DWR 401 water quality certifications that may be required. Besides the
permanent culverts in Stream 1 and the tributary to Stream 2, the only stream impacts that will occur
at the site will be temporary and during Phase 1 road construction until the culverts are removed
within six months of installation; Phase 2 will not involve any stream impacts due to the use of
bridges.
Also, Timmons Group's upcoming design package for the bridge crossings will include modeling
information to pursue a No -Rise certification from local authorities indicating that no FEMA flondnlain
impacts will be created by the construction of the proposed road and bridge placements. If a No -Rise
certification is not feasible, a CLOMAR LOMAR will be obtained and provided to your office.
Item 4: Provide staged construction and seeding of the overburden storage areas. Note that al1
screening berms must be constructed and stabilized within one year of the starting of mining activities.
RESPONSE: Construction details for overburden storage areas (and berms) are shown on Sheet 19. In
addition, we believe the construction sequence and the overburden storage area and earthen berm
details provided on Sheets 17 and 19 address staged construction and temporary/permanent seeding of

Page 4
the overburden storage areas and berm, including a provision for slope drains and benching overburden
storage areas and berms if they should be constructed over 30 feet in height. The overburden storage
areas and berms will be constructed by placing fill material in one -foot, compacted lifts with side slopes
being graded 2:1 or flatter (this clarification has been added to the construction sequence and
construction details). In addition, the overburden storage areas and berms. as well as other land
disturbing activities throughout the site, will be provided with groundcover within 7 and 14 days of
inactivity as required by the stormwater program seeding requirements as outlined in the tables shown
on Sheets 7 and 19.
Lastly, a note has been added to the construction sequence (same as the note that was added to the
berm detail in our previous submittal) stating that all screening berms must be constructed and
stabilized within one year of the start of mining activities.
Item 5: Label the cross-section A -A as A on the plan as AA to Al.
RESPONSE: Per your request, we have labeled the Section A to A for the Mining Area Section as "A" on
Sheet 3. In addition, we have labeled the Section Al to Al for the Plant and Stockpile Area Section as
"Al" on Sheet 6. Lastly, we have added a reclamation cross section detail for the Freshwater Supply -
Recreational Lake as Section B to B and labeled it "B" on Sheet 6.
Item b: The apparent conflict between the emergency access road and visual barrier berm construction
needs clear resoiution by detailing of road location and internal haul road detailing/traffic flow between
work areas. Provide an enlargement of said area that details the locations of all features_
RESPONSE: As previously noted, the initial ingress and egress to the work areas will be by use of the
"emergency site access road". This access road is generally shown on Sheet 3, and with greater detail of
the road with respect to the berm provided on Sheet 5_ The road is now shown to run along the toe of
the proposed earthen berm and into the mine site until it ties into the haul road at the natural ground
surface that leads to the plant area. This will provide another exit from the plant site in case of an
emergency.
Details have been added to Sheet 5 in the lower left-hand corner that convey the direction and use of
this road over time, primarily to assist with site access and initial grading until the bridges and final haul
road are constructed from NC 87 to the plant site. The first detail/schematic on Sheet 5 shows the initial
access road generally following along the limits of disturbance as perimeter erosion and sedimentation
control measures are installed. The second detail/schematic on Sheet 5 shows the access road opening
into the larger cleared area for the initial site development. The third detail/schematic on Sheet 5
shows the access road in its final state running along the toe of the visual barrier berm and tying into the
haul road that leads to the plant area as noted above.
After initial site access, this road will be used sparingly by local emergency response vehicles (as
required by the local government) and small vehicular traffic (cars and pickup trucks) and will not be
used as a haul road.

• •
Page 5
Item 7: Provide inlet and outlet protection foe the access rood construction culverts.
RESPONSE: There are two different configurations for access road culvert installations. While
permanent culverts (at Stream 1 and the tributary to Stream 2) will have inlet and outlet rip rap
protection as shown on the plan sheets and construction detail on Sheet 16, the temporary culverts will
only have geotextile fabric underlying the culverts which will be extended upstream and downstream of
the culvert for energy dissipation and prevention of scour (to avoid adding fill or stone to the stream).
The stream crossing construction detail on Sheet 16 has been modified to clarify these differences.
Item S: The following basin information must be addressed:
a. The details and grading plan for the construction of the sediment basins should consistently
reflect o flat or horizontal basin bottom. The current details and contours are inconsistent on
this key design feature. This impacts settling efficiency within the basins, and could also result in
reduced storage capacity.
RESPONSE: Both sediment basin details on Sheet 15 have been modified to show horizontal
basin bottoms.
b. Sediment Basin 5 is designed for a depth of 4 feet, but is shown at 3 feet on the schedule on
Sheet 15 of 10 of the plans. This should be consistent.
RESPONSE: Sediment Basin 5 in the chart on Sheet 15 has been corrected to a depth of 4 feet.
c. One of the basic design requirements for riser sediment basins is that the crest of the riser be a
minimum of 1 foot below the crest of the emergency spillway. All are shown at only 0.5 feet
below the Emergency Spillway. It is important that this be corrected as it increases the likelihood
of failure of the berm. This may also impact the footprint occupied by the berm.
RESPONSE: The Sediment Basin Riser, Barrel, Anchor and Skimmer Schedule on Sheet 15 has
been adjusted to provide a minimum one foot of freeboard between the riser and emergency
spillway.
d. Correct label of Basin SB##4 on Sheet S of 20 to reflect that it is SB##3. Provide o detail showing
hnw fn 'mmnerly connaet th4 sh...... rer to the riser" str uliiire.
RESPONSE: Basin SB#3 has now been properly labeled on Sheet 8. Clarification on how the
skimmers will be connected to the riser structures has been provided on Sheet 15.
e. Please provide alphanumeric designations (suggest RSB##1, RSB##2, etc.) for rock dam sediment
basins, rather than providing only station numbers.
RESPONSE: All rock dam sediment basins have been labeled accordingly on the Phase 1 road
construction plan Sheets 9 —11 and in the Rock Dam Sediment Basin Schedule on Sheet 15.

0
Page 6
f. The specifications for the dewatering devices (skimmers) must be based on time to drain the
required design volume rather than the actual volume of the basins. The designer has used the
actual volume as the basis for the design which has the effect of reducing de watering time below
what is required.
RESPONSE: The required design volume has been used to design the orifice size in the skimmers
as shown in the revised calculation packet and in the revised Sediment Basin Riser, Barrel,
Anchor and Skimmer Schedule on Sheet 15.
y. pi y changes rf-jay impact other design aspects, so design calculations reflecting proposed
revisions should be re -checked by the designer.
RESPONSE: Acknowledged.
item 9: Provide the approximate life of the mine in years.
RESPONSE: We estimate the life of this mine to be approximately 60 years.
Thank you for this nnnortunity to arlriracc youir remaini—concerns. We hopeful that ti.-
i---11.._.....-I - ..b N
above information and the revisions made to our plans and design calculations as outlined above is
sufficient to conclude this longstanding permit review process and will allow your office to issue a
conditional mining permit as provided in "DEMLR's Policy/Guidelines for Administering Mining
Permits" last updated December 1, 2017 (see attached). We are requesting that the mining permit be
issued on the condition that Phase 1 initial road. construction and associated stream crossings cannot
commence until COE and DWR concurrence is obtained and that Phase 2 final road construction and
bridge abutment site preparation work can proceed - provided that we submit an approvable plan with
the footprint of the abutments and associated erosion and sedimentation control measures before you
act upon this submittal - but that the final abutment and bridge construction cannot be initiated until
the full design of the foundations, wingwalls and bridges has been submitted to and approved by your
office.
If you should have any questions on the above, please contact Mr. Tracy E. Davis, PE at (919)
368-0246.
Sincerely,
Sue Ellen Harrington
Little River, LLC
Attachments:
Copy of May 31, 2018 letter from DAQ to Littler River concurring that no DAQ permit required
Copy of Little River's May 10, 2018 transmittal letter and emissions spreadsheet sent to DAQ
Revised Mining Permit Application Plan Sheets
Revised Mining Permit Application Design Calculations
DEMLR's Policy/Guidelines for Administering Mining Permits last updated on December 1, 2017

2
� 2a18
Division of Energy, Mineral, and Land Resourees N, R�gQrY
■ m11AAf:n A� FAN A ocpd R.
■ vrtia� uu�alsa ��><>«a 1"I PXU11I<>111atU 111% uW
Originally issued by .lames D. Simons, PE, PG, Director of DLR on May 16, 2012
UPDATED by Tracy E. Davis, PE, CPM, Director of DEMLR and William "Toby" Vinson,
PE, CPM, Interim Director and Chief of Program Operations of DEMLR on December 1,
2017
1. Pre -application meetings
Applicants for a mining permit in a coastal county* who plan to dewater the mine are advised to
contact the Division of Energy, Mineral, and Land Resources (DEMLR) for a pre -application
meeting if jurisdictional wetlands are located either on or within 400 feet of the proposed mine
excavation. DEMLR will set up the meeting and invite appropriate personnel from the Division
of Water Resources (DWR) and other agencies as needed. The purpose of this meeting is to
ensure that the applicant and agencies are aware of other permits required, and to determine if
any special circumstances may exist that might present impediments to permitting the proposed
operation.
The mine permit applicant may want to consider contacting DEMLR before application
submittal for any county. Prior experience with similar operations in similar geologic settings
provides helpful information on whether the potential for adverse impacts are likely to occur.
However geologic. cmmnle.Xity ground water hvrlrrilnsry and/nr cnil rnnrlitinnc tin not nlwavc
make it possible to predict the impact, if any, of mine dewatering just based on County location.
*(For purposes of these guidelines, the following are considered coastal counties: Brunswick,
New Hanover, Pender, Beaufort, Carteret, Craven, Onslow, Pamlico, Washington, Dare, Hyde,
Tyrrell, Bertie, Hertford, Gates, Chowan, Perquimans, Pasquotank, Camden, and Currituck.)
2_ Issuing permits conditional upon other permits
As is currently the case, mining permits are issued conditioned on compliance with other permits
such as water and air permits. Where a specific issue falls under the primary regulatory purview
of another state or federal agency or division (such as stream and wetland impacts) and there is
.____Aw. _._.a ___.J____ �___._J_J t_ �Tlti n — ____._ _ __�_�1_a_ P_�J]��.1—. L___ __ _- _J______
Illsu1l1C ent GVIUGIice proViUGU LU lJD1Vl.LIC W ISSUG a GU111�IlGlG LIIIUIIIg LRdt LIIGIG IS all aUVG1sG
effect on the environment, the mining permit may be specifically conditioned to require the
applicant to obtain any and all requisite approvals before engaging in activities for which a
permit is required. In such instances, an undisturbed buffer and appropriately designed erosion
and sedimentation control measures will be required along these areas until proof has been
submitted to DEMLR that the necessary permits/approvals have been obtained. In addition, the
applicant would have to request a conditional mining permit approval in writing to DEMLR and,
if the request is.acceptable and a conditional mining permit is issued, the cover letter attached to
the approved state mining permit will contain the following language:

Page 2
"This permit is conditioned -upon compliance with other applicable laws and regulations of
the State of North Carolina and, more specifically, the applicant shall not initiate land
disturbing activities involving the f describe the activity and reference item number in the
state permit] until the applicant has secured any requisite permits required bylaw for this
activity ".
However, if DEMLR receives a statement containing evidence from another agency or division
that would allow it to make a finding that the project would be harmful to the environment and
fall under one of the GS 74-51(d) provisions of the NC Mining Act, DEMLR would have the
ability to deny the mining permit outright, include protective permit conditions to mitigate such
impacts, or request additional information from the applicant to demonstrate that any adverse
effects would be mitigated by the applicant.
The preferred scenario would be for the applicant to communicate with and obtain any necessary
permits from other applicable state and federal agencies before it submits its mining permit
application to DEMLR for review. As an alternative, the applicant could break its project into
phases and submit only the aspects of the project that are outside of environmentally sensitive
areas that require lengthy permit review by various regulatory agencies. The remaining more
sensitive areas or phases of the project could be submitted separately to the applicable regulatory
agencies for review while the first phase of the project is underway so as not to delay the entire
proj ect.
r
If the permits/approvals from other state agencies or divisions result in changes to the mining
plan, the applicant must submit and obtain a modification to said mining permit prior to any
disturbance of the areas in question.
3. Equal treatment
All applicants and operators,. regardless of size, will be treated equally under the same guidelines
for permit applications, inspections, and enforcement, given similar circumstances. DEMLR
will undertake the same review process for every applicant. The Mining Program permitting
staff will determine if any concerns which may be expressed by others during the application
review process are unwarranted or unsubstantiated based upon prior experience and applicability
to mining statutes and rules. If valid concerns are raised, staff will work with the applicant to
ensure those concerns are addressed. This is the best assurance of consistent, competent and
efficient application review_

Page 3
4. Consistency
There must be consistency among the Regional Offices to ensure fair and equitable application
of the law and regulations. The Regional Offices are not to change interpretations of existing
policies
f regulations u_� without consulting
w_i.Li thiG luTcvAi7iRn central
office
_ua_iagC_nc_.. uEIV-111_n
management will promote internal training and audit procedures to periodically assess program
consistency. Applicants/operators are encouraged to share with DEMLR central office staff and
management any information they believe can be beneficial to achieving this goal.
L. Input from Industry
DEMLR will seek input from the regulated industry before initiating any informal policy or
procedural changes that might have a material impact on the mining industry. This would
include, but not be limited to, revising the general mining permit conditions issued by DEMLR.
Originally issued by James D. Simons, PE, PG, Director of the Division of Land Resources on
Mayl 6, 2012
UPDATED by Tracy E. Davis, PE, CPM, Director of Energy, Mineral, and Land Resources
(DEMLR) and William "Toby" Vinson, PE, CPM, Interim Director and Chief of Program
Operations, DEMLR on December 1, 20.17

r
ROY COOPER
Goirrnw
MICHAEL S. REGAN
Serrtran'
Air Quality M
MICHAEL A. AB fACZINSKAS
Dlre[fGr
EMViAONKENTAL OUALITY
May 31, 2018
LAND QUALITY
Sue Ellen Harrington
MINING PROGRAM
Little River, LLC
704 Croswell Court
Whitsett, NC 27377
SUBJECT: Air Permitting Applicability Determination for Mobile Crushing Operation
Little River, LLC
Lee County, NC
Dear Sue Harrington:
This letter is written in response to your May 10, 2018 letter requesting an air permitting
applicability determination for a portable crushing operation to be located at a proposed stone quarry in
Lee County. You state that the portable crushing operation will crush no more than 500,000 tons of
stone and the crushing operation will be on site for no more than 12 months. Since the actual emission
of PM-10 from this operation will not exceed 5 tons per year, this facility qualifies for an exemption from
air permitting requirements under rule 15A NCAC 2Q .0102(d). I agree with your conclusion that this
operation does not require an air permit.
Please be aware that exemption from air permitting requirements does not exempt this crushing
operation from any air quality regulations. Also, there may be other state, federal, or local regulations
applicable to your operations. If you have any questions, feel free to contact me at 919-791-4200.
c: RRO files
Sincerely,
All op
Charles M. McEachern, III, P.E,, Acting Regional Supervisor, Permits
Division of Air Quality, NC DEQ
State of North Carolina j Environmental4uallty I Air Quality
Raleigh Regional office i 3800 Barrett Drive I Raleigh, North Carolina 275M
919 7914209 T 1 919 881 2261 F

0 0
Little River, LLC
P.O. Box 1009
May 10, 2018
Mr. Charles McEachern
NC Department of Environmental Quality
Raleigh Regional Office -- Division of Air Quality
3800 Barrett Drive
Raleieh_ NC 27609
RE: Request for Division of Air Quality Permit Determination
Little River, LLC -- Proposed Little River Quarry
Lee County
Dear Mr. McEachern:
Little River, LLC has a mining permit application pending with the Division of Energy, Mineral,
and Land Resources (DEMLR) for a proposed crushed stone quarry in Lee County. Our intent is to
contract with an experienced mobile crushing company to set up and operate a temporary, mobile
crushing operation to produce up to 500,000 tons of product. The temporary, mobile crushing
operation will be removed from the site no later than 12 months from its placement. This will allow
further evaluation of the properties of our quarried material, determine the market demand in the area,
and obtain other key information in order to properly design a stationary plant and apply for and obtain
a Division of Air Quality (DAQ) permit prior to construction of a stationary crushing operation at the site.
We have completed the DAQ stone quarry emissions calculation spreadsheet for the anticipated
contracted mobile crushing operation and have attached the completed spreadsheet for your
consideration. Based upon this analysis, our estimated actual emissions of total particulate matter < 10
microns EPM10) fur this temporary, mobile crushing uperatlori will be approximately 2.83 tons per year.
As this value is less than 70 tons per year, it appears that our temporary, mobile crushing operation
meets the exemption from obtaining a DAQ permit under 15A NCAC 02Q .0102(d).

Mr. McEachern
Page 2
Little River, LLC respectfully requests that DAQ review this information and respond in writing
confirming that neither a DAQ permit nor registration is required at this time. Your prompt response to
this request is most appreciated so that we may complete the mining permit review process with
DEMLR.
If you have any questions regarding this matter, please contact Mr. Tracy E. Davis, PE at (919)
3r,Q.n2ar,
Sincerely,
Uv�
Sue Ellen Harrington
Little River, LLC
Attachment

Little River.quarry projected emissts spreadsheet R [9721 • 1 of 1 pages
03/01/02 — This is the first draft of the "new" stone crushing emissions calculator. This
spreadsheet has two input pages: one for emissions inventory purposes and permit reviews
and another input sheet for modeling and permit applications. Emissions are estimated only
from crushers, screens and conveyor drop points, irU u�iiYc crniissjons "orer us fr ssiorom
any other sources) are included. Two reasons for this are:
1) Fubitivc emissions are not currently used to determine a facility's potential or
actual emissions for permitting or emissions inventory purposes.
2) Current emission estimation techniques (as presented in AP-42) for fugitive
sources (e g., unpaved haul roads) am based heavily on -site specific information (e.g., silt
and moisture content) and engineering judgement. Thus, the inclusion of an oversimplified
means for estimation in this spreadsheet provides no real value.
The spreadsheet user can only input values on the input sheets in the BLUE formatted
cells. All other cells (and other sheets) are locked and protected.
INVENTORY iNPi1T street
he iNVENTORY iNPur SHEET calculates emissions based on actual production
information, broken down on a per product basis. Once the actual emissions estimate is
summed for all products, a potential emissions estimate is generated by multiplying by the
ratio:
9760 hours / number of actual hours of operation
This number can then be used to verify fee class.
The user is prompted to input equipment and production information for each product.
Emission estimates associated with each product are generated immediately below each
input section. When (or if) printed, each product's input and emissions are on a single page.
The very first page of the work sheet is also the summary for the facility -wide emissions. it
also will print on its own page.
PERMIT INPUT sheet
The PERMIT INPUT sheet can be used to estimate emissions forpermit applications
and modeling. It generates potential emissions estimates (lb/hr and tpy) based on the
maximum rated capacity of each piece of equipment.
Each type of equipment has it's own output sheet (crusher output, screens output,
conveyor output). The results of all sources are then combined and presented on the
OUTPUT sheet.
Little Rivenquarry }projected emissions spreadsheaL OM[972j 1 of 1 pages

Instructions: Enter emission source I facility data on the "INPUT" tab/screen. The air emission results and summary
of input data are viewed I printed on the "OUTPUT" tablscreen. The different tabs are on the bottom of this screen.
r sprsadshest is for your use only and should be used with cauthrn. UENR does not guarantee the accuracy of the Information contained. Thh
tadsheet is subject to continual ravislon and updating. It is your responsibility to be aware of the most current Information available. DENR is
responsible for errors or omissions that may be contained herein.
L„- W ' . �e. qt 7' Z ' o;'' ,`.'SOURCE % FACILITY/ USER INPUT SUMMARY FROM INP[TT SCREEN �� r s .• ' . r "v? : % ' j:.
COMPANY_ Little River, LLC
FACILITY ID NO.: Proposed Facility
PERMIT NUMBER: Proposed Facithy
FACILITY CITY: Sanford
FACILITY COUNTY: Lee
"AWL
� •�
� � F�.�
SPREADSHEET PREPARED BY: Tracy E. Davis, PE
UT
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Lhe River.quarry projected emis(Ins spreadshtRERro'gi173AiiW2] 0 1 of 4 pages
STONE CRUSHING EMISSIONS CALCULATOR REVISION C 05/2312011
PERMITTING AND MODELING INPUT SCREEN
NOTICE:
A=v)A
This spreadsheet is for your use only and should be used with
caution. DENR does not guarantee the accuracy of the
0
information contained. This spreadsheet Is subject to continual
revision and updating. It is your responsibility to be aware of
t ciiireiri liofurineuun a"vtlilii`viv. ucNr"c is irvt
responsible for errors or omissions that may be contained
�� NR
herein_
Instructions:
1. Enter emission source 1 facility data on this sheet for permitting and/or modeling. The air emission results and
summary for each type of equipment will be on its own sheet je.%, crushers output, screens output]. The facil'dy-
wide totals are summarized on the "OUTPUT" sheet The different tabs are on the bottom of this screen.
2. For each type of equipment fill in all BLUE fields.
Company Name: Little River, LLC
Facility ID No.: Proposed Facility
Penn it No.: Proposed Facility
Facility City: Sanford
Facility County: Lee
Spreadsheet Prepared by: Tracy E. Davis, PE
Actual hours of operation: 8760 hours
Total Plant Maximum Rated Capacity: 400 tons per hour
Actual Annual Total Plant Production: 500,000 tons
Potential Annual Total Plant Production: tons
Little River.quarry projected emissions spreadshoWUN'K2WIR21 1 of 4 pages

Little River.quarry projected emits spreadshiRER Q T2t 0JR2]
of 4 pages
Crusher In pt
How many crushers total ?1 2
'Note: tf wet supression is not applied an an automatic and continuous basis during the
operation of the crusher, answer "no" for "wet supression (YIN)?".
Crusher
ID No.
Type of crusher
Rated
Capacity
(tonsthr)
'wet
supression
(YIN) ?
w_l
uol
yearly
throughput
(tons)
CR-1
CR-2
CR-3
CR-4
CR-5
CR-6
CR-7
CR-8
CR-9
CR-10
CR-11
CR-12
CR-13
CR-14
CR-15
Primary
400
400
0
0
0
0
0
0
0
n
0
0
0
0
0
wet
500,000
500,000
0
0
0
0
0
0
0
n
0
0
0
0
Secondary or Tertiary w
wet
wet _—_I
L_we
Secondary or Tertiary 'w
Primary 1W
Primary
Secondary or Tertiary IV
Secondary or Tertiary V
dry
WBt
dry — '
Secondary or Tertiary
Primary A
c w.�
of qW I
wet
wet W
7wet W
Primary
Primary
!Primary
Primary
dry
{Fines
;dry IWII0
Little River.quarry projected emissions spreadshMMUTDOW21 2 of 4 pages

Lhe Rivenquarry projected emiAs spreadshEMERNEZD3i W2]
3 of 4 pages
Screens Input
How many screens total ? $
Maximum
actual
Rated
wet
yearly
Screen
Capacity
supression
throughput
ID No.
Type of screen
(tonsthr)
(YIN) ?
(tons)
SCR-1
,Normal -�
400
dry 500,000
SCR-2
400
wet '►. 500,000
Normal
SCR-3
400
wet qF 600,000
��
Normal -- — -'
SCR-4
0
wet 1w 0
Normal _
SCR-5
0
wet 0
Normal
SCR-6
Normal 1w
0
wet 0
5CR-1
Normal
u
-
wet qv u
SCR-8
0
wet 0
'Normal
SCR-9
0
wet 0
Normal
SCR-10
Normal
0
wet 0
SCR-11
0
wet w 0
Normal -- �
SCR-12
0
wet 0
Normal 1w
SCR-13
0
wet 0
Normal
SCR-14
0
wet 0
Normal
SCR-15
D
Jwet W 0
Normal qw
Little River.quarry projected emissions spreadshOERNE12NOW2] 3 of 4 pages

Little River.quarry projected emisons spreadshdWRJIM2DWW2] 4 of 4 pages
Conveyor Input
How marry conveyors total ? I 1
*NOTE: Each conveyor will have one transfer poK the point where it drops product, not
receives product Answer "no" if the conveyor drops to a screen or a crusher. The transfer
points to the crushers and screens are already accounted for in the emission factors for
these units.
Conveyor
ID No.
*Conveyor transfer
point ?
Maximum
Elated
Capacity
(tonsmr)
wet
supression
(YIN) ?
actual
yearly
throughput
(tons)
C-1
C-2
C 3
C`4
C-5
C-6
C-7
C-8
C-9
C-10
C-11
C-12
C-13
CA4
C-15
C-16
C-17
C-1 a
' C-19
C-20
C-21
C-22
C-23
C-24
C-25
yes — v
400
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Iwet v
wet v
wet v
wet v
F �
Iw-�=
500,000
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
yes W
yes
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yes E
wet v
wet
'yes _-
yes __..._
Jwet v
wet v
yes W i
-�
yes ♦
wet -- 7
wetN^ v
[wet"W
weft 's�
yes v�
yes 'r I
yes W
yes
wed t v
yes
wet v i
yes —
Iwet u�
wet v
wet v
'iwet �i
yes
yes v
.Yes
yes _.....__ T
wet v i
1wet IV
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Iwet 'r
Little River.quarry projected emissions spreadsh&ERNffD'DVW2] 4 of 4 pages

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ENGINEERING - SURVEYING
1 01 W, MAIN ST., SUITE 202
P.O. SOX 444
GARNER, NC 27529
PHONE [phone]
FAX [phone]
LITTLE RIVER QUARRY
LEE COUNTY, NORTH CAROLINA
SEDIMENTATION & EROSION CONTROL CALCULATIONS
HAUL ROAD CULVERT SIZING CALCULATIONS
BRIDGE OVER THE UPPER LITTLE RIVER
SCOUR CALCULATIONS BY BECKY WARD, P.E.
WV'd0MJd JNINiW
,kinvnc ONH-1
CDA1303�1
[y SEAL i
_. 026395 =�
7

•
LITTLE RIVER QUARRY
SEDIMENTATION AND EROSION CONTROL CALCULATIONS
DRAINAGE AREAS:
1.0
DRAINAGE AREA l:
2.0
WATERSHED DISCHARGE
SEDIMENT BASIN DESIGN
DIVERSION DITCH CALCULATIONS
OUTLET STABILIZATION DESIGN
DRAINAGE AREA 2:
3.0
WATERSHED DISCHARGE
SEDIMENT BASIN DESIGN
DIVERSION DITCH CALCULATIONS
OUTLETSTABILIZATION DESIGN
LEVEL SPREADER DESIGN
DRAINAGE AREA'):
4.0
WATERSHED DISCHARGE
SEDIMENT BASIN DESIGN
DIVERSION DITCH CALCULATIONS
OUTLET STABILIZATION DESIGN
PiT WATER DISCHARGE
DRAINAGE AREA 4:
5.0
WATERSHED DISCHARGE
SEDIMENT BASIN DESIGN
DIVERSION DITCH CALCULATIONS
OUTLET STABILIZATION DESIGN

DRAINAGE AREA 5:
WATERSI-IED DISCHARGE
SEDIMENT BASIN DESIGN
DIVERSION DITCH CALCULATIONS
OUTLET STABILIZATION DESIGN
DRAINAGE AREA 6-7:
WATERSHED DISCHARGE
SEDIMENT BASIN DESIGN
DIVERSION DITCH CALCULATIONS
OUTLET STA 131 LI ZATION DESIGN
DRAINAGE AREA 8:
WATERSHED DISCHARGE
SEDIMENT BASIN DESIGN
DIVERSION DITCH CALCULATIONS
OUTLET STABILIZATION DESIGN
CLEAN WATER DIVERSION DITCH:
14AUL ROAD, STA. 0+00 TO 6+50:
WATEISHED DISCHARGE
SEDIMENI' TRAP
DIVERSION DITCH CALCULATIONS
r RvAD0'VV riO I-)rii, 1 ovV:
WATERSHED DISCHARGE
SEDIMENT BASIN DESIGN
DIVERSION DITCH CALCULATIONS
HAUL ROAD, STA. 13+50 to 16+00:
WATERSHED DISCHARGE
SEDIMENT BASIN DESIGN
DIVERSION DITCH CALCULATIONS
6.0
7.0
8.0
w�
10.0
I 1.0
12.0

0
0
HAUL ROAD, STA. 16+00 to 21+00: 13.0
WATERSHED DISCHARGE
SEDIMENTBASIN DESIGN
DIVERSION DITCH CALCULATIONS
HAUL ROAD, STA. 23+50 to 27+50: 14.0
WATERSHED DISCHARGE
SEDIMENT BASIN DESIGN
DIVERSION DIT"CH CALCULATIONS
HAUL ROAD, STA. 27+50 to 42+33:
WATERSHED DISCHARGE
SEDIMENT BASIN DESIGN
DIVERSION DITCH CALCULATIONS
HAUL ROAD, STA. 54+00 to 60+00:
WATERSHED DISCHARGE
SEDIMENT BASIN DESIGN
DIVERSION DITCH CALCULATIONS
HAUL ROAD, STA. 65+28 (PLANT ENTRANCE):
WATERSHED DISCHARGE
SEDIMENT BASIN DESIGN
DIVERSION DITCH CALCULATION
SHOP AREA:
WATERSHED DISCHARGE
c�ni�rr.�.rr Q�QIXT nrerr'NT
U 111,/ 11 v 11� 1\ -1 U 11 l U E U 1 V l
DIVERSION DITCH CALCULATION
15.0
16.0
17.0
HAUL ROAD DITCHES, POST -CONSTRUCTION: 19.0
m 0

0
O
HAUL ROAD, CULVERT DESIGN, STA. 7+00: 20.0
WATERSHED DISCHARGE
CULVERT DESIGN
OUTLET STABILIZATION DESIGN
HAUL ROAD, TEMPORARY CULVERT DESIGN, STA. 13+30: 21.0
WATERSHED DISCHARGE
CULVERT DESIGN
HAUL ROAD, CULVERT DESIGN, STA. 13+00: 22.0
\WATERSHED DISCHARGE
CULVERT DESIGN
OUTLET STABILIZATION DESIGN
HAUL ROAD, TEMPORARY CULVERT DESIGN, STA. 22+40: 23.0
WATERSHED DISCHARGE
CULVERT DESIGN
HAUL ROAD, TEMPORARY CULVERT DESIGN, STA. 64+10: 24.0
WATERSHED DISCHARGE
CULVERT DESIGN
EMERGENCY ENTRANCE, CULVERT' DESIGN: 25.0
CULVERT DESIGN
OUTLET STABILIZATION DESIGN
BRIDGE OVER THE UPPER LITTLE RIVER: 26.0
SCOUR CALCULATIONS

Li
m FwYd

t�J
Sedimentation & Erosion Control Calculations
Discharge Calculations
Little River Quarry -Drainage Area 1
Lee County, NC
Project No.
Using the Kirpich Equation, where:
} QL3/H]D.385)/128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L=
and H =
then tc =
_ i 476, feet
7 ] feet
6.96 minutes
From Design Storm Source Data for the Area...
Q=CiA
SB1
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 14.221 C, 0.3
i = Storm intensity (inlhr) AZ C2 }
A = Drainage area in Acres A3 1 C3
C Factor = (C,A, + CA + ... )IA
C Factor = 0.30
So for 25 yr 5 min Storm
C = 0.30
i = �8.57 in/hr
A = 14.22 acres
Discharge for the watershed in question is....
Q = 36.56 cfs

0
0
Sedimentation Basin Sizing
Little River Quarry -Drainage Area 1
Lee County, NC
Project No.
Sedimentation Basin No.
Drainage Area
14.11 Acres
Drainage Area Check
Okay
Disturbed Area
14,11 Acres
Discharge
36.56 ft31s
Minimum Volume Reqd'
25,398 ft3
Minimum Surface Area Reqd'
15,903 ft2
Length
150 ft
Min. Basin Front Width
150 ft
Min. Basin Back Width
70'ft
Depth
3 ft
Side Slopes
2.5 :1, ft/ft
Length/Width Check
Okay
Okay
Bottom Length
135 ft
Bottom Front Width
135 ft
Bottom Back Width
55 ft
Surface Area
16,500 ft2
Bottom Area
12,825 ft2
Total Volume
43,893 ft3
Surface Area Check Okay
Volume Check Okay
Dewatering of the Required Volume
Orifice Size
2 in
Skimmer Size
6 in
Flow
6,534 ft31d
Dewatering Time
3.89 days
Spillway
Flow Reqd'
Spillway Width
Side Slope Ratio
Depth
Velocity
Capacity
Riser and Barrel
Flow
Diameter
Weir Capacity
Capacity Check
Buoyancy Check
Anchor Concrete Volume Reqd'
Anchor Size (Minimum, Square)
36.48 ft3/5
40 ft
3 :1 ft/ft
0.5 ft, assumed depth, 0.5 ft maximum
1.76 ftls, less than 2 fUs ideal for peak flow, 010
60 ft3Is, with a weir coefficient of 3.0 for a broad -crested weir
36.56 cfs
48 in, 15" min, for CMP
37.70 cfs
Okay
2,588 pounds
0.6 cubic yards of concrete (min.)
6 ft, each side, 6 inches thick

• 0
Sedimentation & Erosion Control Calculations
Diversion Ditch Calculations
Little River Quarry - Drainage Area 1
Lee County, NC v
SB#1, West Side
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So iL���C���
JII ICI CIVI C...
If... H =
I 461 ft
L =
_ 8001 ft
Slope =
0.06
Solving for depth
Ditch Bottom Width
ft
Ditch Side Slope
:1 ratio, H:V
Manning's "n"
Depth
_ 0.33� ft
Discharge
18.9 cfs
Area
3.58 ft'
WP
12.06 ft
H. Radius
0.30 ft
zfeq 1.59
Zavg 1.59
Velocity 5.28 ft/s
If velocity of flow is greater than 2 ft/s, matting is required
Shear Stress: T=yds
Where T = Shear stress in pounds/ft2 (psf)
y = unit weight of water, 62.4 Ib/ft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if d = 0.33
s = 0.06
T = 1.17 psf

0
40
Sedimentation $ Erosion Control Calculations
Diversion Ditch Calculations
Little River Quarry - Drainage
Area 1
Lee County, NC
SB#1, East Side
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
10 ft
L =
' 645: ft
Slope =
0.02
Solving for depth
Ditch Bottom Width
w 1 Oi ft
Ditch Side Slope t
3. ;1 ratio, H:V
Manning's "n"
0.03:
Depth i
0.46 ft
Discharge
17.7 cfs
Area
5.22 ft2
WP
12.90 ft
H. Radius
0.40 ft
Zreq
2.86
Zavg
2.86
Velocity
3.38 ft/s
If velocity of flow is greater than 2 ft/s, matting is required
Shear Stress: T=yds
Where T = Shear stress in pounds/ft2 (psf)
y = unit weight of water, 62A Ib/ft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if d = 0.46
s = 0.02
T = 0.44 psf

0
0
Sedimentation & Erosion Control Calculations
Discharge Calculations
Little River Quarry -Drainage Area 2
Lee County, NC
Project No.
Using the Kirpich Equation, where:
tC-IIL3/H1""')/128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = 11531 feet
and H = 66� feet
then tc = 5.35 minutes
From Design Storm Source Data for the Area...
Q=CiA
S B#7
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient Az 6.47 C, 0.31
i = Storm intensity linlhr) A, C0
A = Drainage area in Acres A3 C3
C Factor = (C,A, + CA + )IA
C Factor = 0.30
So for 25 yr 5 min Storm
C = _ 0.30
7 inlhr
A = 6.47 acres
Discharge for the watershed in question is....
Q = 16.63 cfs

0
0
Sedimentation Basin Sizing
Little River Quarry -Drainage Area 2
Lee County, NC
Project No.
Sedimentation Basin No. 7
Drainage Area
6.47 Acres
Drainage Area Check
Okay
Disturbed Area
6.47 Acres
Discharge
16.63 ft31s
Minimum Volume Reqd'
11,646 ft3
Minimum Surface Area Reqd'
7,236 ft2
Length
120 ft
Min. Basin Front Width
65. ft
Min. Basin Back Width
60 ft
Depth
3 ft
Side Slopes
2.5 :1, fUft
Length/Width Check Okay
Okay
Bottom Length 105 ft
Bottom Front Width 50 ft
Bottom Back Width 45 ft
Surface Area 7,500 ftz
Bottom Area 4,988 ftz
Total Volume 18,507 ft'
Surface Area Check Okay
Volume Check Okay
Dewatering of the Required Volume
Orifice Size 1.5 in
Skimmer Size 6 in
Flow 3,675 rt3id
Dewatering Time 3.17 days
Spillway
Flow Reqd'
Spillway Width
Side Slope Ratio
Depth
Velocity
Capacity
Riser and Barrel
Flow
Diameter
Weir Capacity
Capacity Check
Buoyancy Check
Anchor Concrete Volume Reqd'
Anchor Size (Minimum, Square)
Okay
Z
16.59 ft41s
20. ft
2 :1 ft/ft
0.5;ft, assumed depth, 0.5 ft maximum
1.58 ft/s, less than 2 ftls ideal for peak flow, Q,o
30 ft31s, with a weir coefficient of 3.0 for a broad -crested weir
16.63 cfs
24 in, 15" min. for CMP
18.85 cfs
647 pounds
0.2 cubic yards of concrete (min.)
3 ft, each side, 6 inches thick

0
•
Sedimentation & Erosion Control Calculations
Diversion Ditch Calculations
Little River Quarry -Drainage Area 2
Lee County, NC
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
321 ft
L =
890 ft
Slope =
V.V4
Solving for depth
Ditch Bottom Width j
f0
ft
Ditch Side Slope I
3
:1 ratio, H:V
Manning's "n" _
0.031
Depth �
0,351ft
Discharge
16.6 Us
Area
3.83 ft2
WP
12.19 ft
H. Radius
0.31 ft
zreq
1.77
za g
1.77
Velocity
4.34 fUs
If velocity of flow is greater than 2 fUs, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d
s
T = 0.78 psf

Appendices
05 / 0 , 66 -LI 7
zo
1$t=i
io
0
Discharge (ft3lsec)
Curves may not be extrapolated.
Figure 6.06a Design of outlet protection protection from a round pipe flowing full, minimum tailwater condition (T. < 0.5 diameter).
S f
8.06.3
Kev. 1493

Appendices
20
10
0
Discharge (O/sec)
Curves may not be extrapolated.
Figure 8.06a Design of outlet protection protection from a round pipe flowing full, minimum tailwater condition (TF < 0.5 diameter).
ar- r i1pY J JJ5 Gfry
4
3
m
N
2 (n
CL
2
a
rr
0
1 �
V7
D
0
Rev. 12M R _{1 .1
V J G L-A 1,S :" , 12, P•cCT -[-,I 1C lc -

•
Sedimentation & Erosion Control Calculations
Discharge Calculations
Little River Quarry -Drainage Area 3
Lee County, NC
Project No.
Using the Kirpich Equation, where:
F __([L'/H]1.311)1128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L -
9121 feet
and H =
28, feet
then t. =
5.68 minutes
From Design Storm Source Data for the Area...
Q=CiA
SSB#1
Q = Discharge (cfs)
Areas
(acres)
Compound C Factors
C = Runoff Coefficient
A,
3.39�
C, 0.51
i = Storm intensity (inlhr)
A = Drainage area in Acres
A2
A3
C2 J
C3
C Factor = (C1A1 + CA + ...)IA
C Factor = 0.50
So for 25 yr 5 Storm
C=
i=
A=
0.50
i - E inlhr
3.39 acres
Discharge for the watershed in question is....
Q = 14.53 cfs

40
Sedimentation & Erosion Control Calculations
Sediment Skimmer Basin
Little River Quarry -Drainage Area 3
Lee County, NC
SSB#1
Q, Flow, 10-year storm
Drainage Area
Disturbed Area
Minimum Volume
Min. Surface Area Req.
Min. Trap Width Req.
Min. Trap Length Req.
Min. Basin Front Width
Min. Basin Back Width
Min. Basin Length
Basin Interior Side Slopes
Basin Depth
Bottom Front Width
Bottom Back Width
Bottom Length
Top Surface Area
Bottom Surface Area
Volume
Surface Area Check Okay
Volume Check Okay
Spillway Width
Spillway Side Ratio
Flow Depth
Velocity
Capacity
Spillway Check Okay
Capacity Check Okay
14.53 cfs
3.39 acres
3.39 acres
6,102 ft3, using 1,800 ft3 per acre of disturbed area
4,721 ftZ, using 0.01 acres per cfs
49 ft
97 ft, with 3.5' depth
5a ft
50ft
100 ft
2 :1 (ft/ft), 2 recommended
3 ft, 3 ft avg, 2 ft min., 3.5 ft max.
38 ft
38 ft
88 ft
5,000 ftz
3,344 ftZ
12,372 ft3, not including fitting to existing surface
Dewatering of the Required Volume
15ft
3 :1, (ft/ft), 3:1 or flatter
0.5, ft, assumed depth, 0.5 ft maximum
1.76 ft/s, less than 2 fUs ideal for peak flow, Q,o
22.5 ft31s, with a weir coefficient of 3.0 for a broad -crested weir
Orifice Size
1 s in
Skimmer Size
6, in
Flow
1,633 ft31d
Dewatering Time
3.74 days

Sedimentation & Erosion Control Calculations
Sediment Skimmer Basin
Little River Quarry -Drainage Area 3
Lee County, NC
SSB#1
Q, Flow, 10-year storm
14.53 cfs
Drainage Area
3.39 acres
Disturbed Area
_
3.39 acres
Minimum Volume
6102 ft3, using 1,800 ft3 per acre of disturbed area
Min. Surface Area Req.
4721 ftz, using 0.01 acres per cfs
Min. Trap Width Req.
49 ft
Min. Trap Length Req.
ft, with 3.5' depth
Min. Basin Front Width
_97
50
ft
Min. Basin Back Width
50
ft
Min Basin Length
'Inn
ft
Basin Interior Side Slopes
2
:1 (ft/ft), 2 recommended
Basin Depth
i_
3,ft,
3 ft avg, 2 ft min., 3.5 ft max.
Bottom Front Width
38 ft
Bottom Back Width
38 ft
Bottom Length
88 ft
Top Surface Area
5000 ft'
Bottom Surface Area
3344 ft2
Volume
12372 ft3, not including fitting to existing surface
Surface Area Check
Okay
Volume Check
Okay
Spillway Width
Spillway Side Ratio
'
31
:1, (ft/ft), 3:1 or flatter
Flow Depth
0._51
ft, assumed depth, 0.5 ft maximum
Velocity
1.76 ftls, less than 2 ft/s ideal for peak flow, Q,o
Capacity
22.5 ft31s, with a weir coefficient of 3.0 for a broad -crested weir
Spillway Check
Okay
Capacity Check
Okay
Conclusion
Dewater timeDays
Rate of Dewatering _3_093.00 cfd
Skimmer size 4 in
Orifice Diameter 1.52 in

•
Sedimentation & Erosion Control Calculations
Diversion Ditch Calculations
Little River Quarry -Drainage Area 3
Lee County, NC
SSB#1, West Side
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
if... H =
L=
Slope =
Solving for depth
Ditch Bottom Width
Ditch Sides Clnna
Manning's "n"
Depth
Discharge
Area
WP
H. Radius
Zreq
Zavg
Velocity
- 4i ft
5T ft
0.07
_..._ . 10; ft
1 Z• 1 ratio KV
0.03 . , ratio,
U6 ft
14.5 cfs
2.83 ft2
11.66 ft
024 ft
1.10
1.10
5.14 ft/s
If velocity of flow is greater than 2 fts, matting is required
Shear Stress: T=yds
Where T = Shear stress in pounds/ftz (psf)
y = unit weight of water, 62.4 Ib/ft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.26
s = 0.07
T= 1.15 psf

•
e
Sedimentation & Erosion Control Calculations
Diversion Ditch Calculations
Little River Quarry -Drainage Area 3
Lee County, NC
SSl3#R1, East Side
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore..
If... H =
61 ft
L = 3
-- ^ 307, ft
Slope =
0.02
Solving for depth
Ditch Bottom Width
10� ft
Ditch Side Slope (
31:1 ratio, H:V
Manning's "n"
_ 0_03'
Depth�0.38;
ft
Discharge
14.5 cfs
Area
4.26 ft2
WP
12.42 ft
H. Radius
0.34 ft
zrDq 2.09
zavg 2.09
Velocity 3.41 ftls
n lLy ui nvw iS greaLCi uiau c lug, liiattiiiy i5 iGy`i.iir%-_u
Shear Stress: T=yds
Whp_rP_ T =Shear Orris in nrnindclft_z fncf]
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in'ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.38
s = 0.02
T = 0.47 psf

Appendices
20
10
0
Discharge (O/Sec)
Curves may not be extrapolated.
Figure 6.06a Design of outlet protection protection from a round pipe flowing full, minimum tailwater condition (7w < 0.5 diameter).
0� 4
Rev, i 2M
Qn�z
V •VV•✓

L�
Sedimentation & Erosion Control Calculations
Discharge Calculations
Little River Quarry -Drainage Area 4
Lee County, NC
Project No.
Using the Kirpich Equation, where:
tc=([L3/H]0.385)1128
t, = time of concentration. (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = I 2060 feet
and H = 501 feet
then t. = 11.65 minutes
From Design Storm Source Data for the Area...
Q=CiA
S B#2
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 11,51 C, 0.3i
i = Storm intensity (inlhr) A2 Cz
A = Drainage area in Acres A3 C3
C Factor = (C,A, + CA + ... )/A
C Factor = 0.30
So for 25 yr 10 min Storm
C = 0.30
i = L _ _ 9.83 inlhr
A = 16.53 acres
Discharge for the watershed in question is....
Q = 33.87 cfs

Sedimentation Basin Sizing
Little River Quarry -Drainage Area 4
Lee County, NC
Project No.
Sedimentation Basin No. 2
Drainage Area
16.53 Acres
Drainage Area Check
Okay
Disturbed Area
16.53- Acres
Discharge
33.87 ft31s
Minimum Volume Reqd'
29,754 ft'
Minimum Surface Area Reqd'
11,008 ft2
Length
120 ft
Min. Basin Front Width
200 ft
Min. Basin Back Width
60 ft
Depth
3 ft
Side Slopes
2.5 :1, ft/ft
LengthlWidth Check
Okay
Okay
Bottom Length
105 ft
Bottom Front Width
185 ft
Bottom Back Width
45 ft
Top Surface Area
15,600 ft2
Bottom Surface Area
12,075 ft2
Total Volume
41,764 ft'
Surface Area Check Okay
Volume Check Okay
Dewatering of the Required Volume
Orifice Size
2.25 in
Skimmer Size
6 in
Flow
8,269 ft. 1d
Dewatering Time
3.60 days
Spillway
Flniu Rand'
Spillway Width
Side Slope Ratio
Depth
Velocity
Capacity
Riser and Barrel
Flow
Diameter
Weir Capacity
Capacity Check
Buoyancy Check
Anchor Concrete Volume Reqd'
Anchor Size (Minimum, Square)
32 77 ft31c
35 ft
2 :1 ft/ft
0.5 ft, assumed depth, 0.5 ft maximum
1.88 fUs, less than 2 fUs ideal for peak flow, Q,,
52.5 ft31s, with a weir coefficient of 3.0 for a broad -crested weir
33.87 cfs
48 in, 15" min. for CMP
37.70 cfs
Okay
2,588 pounds
0.6 cubic yards of concrete (min.)
6 ft, each side, 6 inches thick

Sedimentation & Erosion Control Calculations
Diversion Ditch Calculations
Little River Quarry -Drainage Area 4
Lee County, NC
S13#2, West Side
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
26 ft
L =
970 ft
Slope =
0.03
Solving for depth
—'!ft
Ditch Bottom Width
Ditch Side Slope
3J:l ratio, HN
Manning's "n"
_ 0.03'
Depth
_ 0.49� ft
Discharge
25.9 cfs
Area
5.60 ft2
WP
13.09 ft
H. Radius
0.43 ft
Zfeq
3.18
Zany
3.18
Velocity
4,62 ft/s
If velocity of flow is greater than 2 ft/s, matting is required
Shear Stress: T=yds
Where T = Shear stress in pounds/ft2 (psf)
y = unit weight of water, 62.4 Ib/ft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d
s = 0.03
T = 1.51 psf

0
•
Sedimentation 8r Erosion Control Calculations
Diversion Ditch Calculations
Little River Quarry -Drainage Area 4
Lee County, NC
SB#2, East Side
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
L=
Slope =
Solving for depth
Ditch Bottom Width
Ditch fiirla Clnnn
Manning's "n"
Depth
Discharge
Area
WP
H. Radius
zreq
zavg
Velocity
32: ft
957' ft
0.03
`�11 ratio I -IV
0.03'
0.34i ft
8.0 cfs
2.03 ft2
7.14 ft
0.28 ft
0.88
0.88
3.94 ftfs
If velocity of flow is greater than 2 ftls, matting is required
Shear Stress: T=yds
Where T W Shear stress in pounds/ft2 (psf)
y = unit weight of water, 62A Ib/ft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
From Flow Master, if: d = 0.5$I
s = 0.03
T = 1.21 psf

Appendices
20
1 10
0
3 5 10 20 50 100 [uu :)uu
Discharge (ft3/sec)
4
3
LUUV
Curves may not be extrapolated.
Figure 8.06a Design of outlet protection protection from a round pipe flowing full, minimum taifwater condition (Tw < 0.5 diameter).
r _
7
r. Gar tY
Rev. 12J93
8.06.3

9 0
Sedimentation & Erosion Control Calculations
Discharge Calculations
Little River Quarry -Drainage Area 5
Lee County, NC
Project No.
Using the Kirpich Equation, where:
`c__(`L3'H]""')/128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = t 10221 feet
and H = _ 401feet
then t. = 5.65 minutes
From Design Storm Source Data for the Area...
Q = CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 5:i3� C, µ 0.3E
i = Storm intensity (inlhr) A2 CZ
A = Drainage area in Acres A3 A _ j C3 j
C Factor = (C,A, + CA + ... )IA
C Factor = 0.30
So for 25 yr 5 min Storm
C = 0.30
_
i W ( _ _8_Y_57 inlhr
A = 5.13 acres
Discharge for the watershed in question is....
0 = 13.19 cfs

Sedimentation Basin Sizing
Little River Quarry -Drainage Area 5
Lee County, NC
Project No.
Sedimentation Basin No. 3
Drainage Area
5.13 Acres
Drainage Area Check
Okay
Disturbed Area
5.13 Acres
Discharge
13.19 ft3ls
Minimum Volume Reqd'
9,234 ft'
Minimum Surface Area Reqd'
5,737 ft2
Length
100 ft
Width
70. ft
Min. Basin Back Width
50 ft
Depth
3 ft
Side Slopes
2.5 :1, ftlft
Length[Width Check Okay
Okay
Rnttnm L ennth R5 ft
Bottom Front Width 55 ft
Bottom Back Width 35
Top Surface Area 6,000 ft2
Bottom Surface Area 3.825 ft'
Total Volume 14,526 ft'
Surface Area Check Okay
Volume Check Okay
Dewatering of the Required Volume
Orifice Size
1.25 in
Skimmer Size
6 in
Flow
2,552 ft31d
Dewatering Time
3.62 days
Spillway
Flow Reqd'
Spillway Width
Side Slope Ratio
Depth
Velocity
Capacity
Riser and Barrel
Flow
Diameter
Weir Capacity
Capacity Check
Buoyancy Check
Anchor Concrete Volume Reqd'
Anchor Size (Minimum, Square)
Okay
13.16 ft31s
15ft
2 :1 ft/ft
0.5 ft, assumed depth, 0.5 ft maximum
1,64 fUs, less than 2 fUs ideal for peak flow, Q,Q
22.5 ft31s, with weir coefficient of 3.0 for a broad -crested weir
13.19 cfs
24- in, 15" min. for CMP
18.85 cfs
647 pounds
0.2 cubic yards of concrete (min.)
3 ft, each side, 6 inches thick

Sedimentation & Erosion Control Calculations
Diversion Ditch Calculations
Little River Quarry -Drainage Area 5
Lee County, NC
SB#3, West Side
Slope of Ditch = HIL
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
40'ft
L =
80J ft
Slope =
0.05
Solving for depth
Ditch Bottom Width
{
5
ft
Ditch Side Slope
3
:1 ratio, H:V
Manning's "n" _
0.03,
Depth
Discharge
5.1 cfs
Area
1.33 ft'
WP
6.47 ft
H. Radius 0.21 ft
zrOq 0.46
zavg 0.46
Velocity 3.81 ftls
If velocity of flow is greater than 2 ftls, matting is required
Shear Stress: T=yds
Where T W Shear stress in poundslftz (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.23
s = 0.05
T = 0.72 psf

Sedimentation & Erosion Control Calculations
Diversion Ditch Calculations
Little River Quarry -Drainage Area 5
Lee County, NC
SB#3, East Side
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore
If... H = I
401 ft
L =
8051 ft
Slope =
0.05
Solving for depth
Ditch Bottom Width I
5ft
Ditch Side Slope !
31:1 ratio, H:V
Manning's "n"
0.03,
Depth
0.30; ft
Discharge
8.1 cfs
Area
1.79 ft2
WP
6.92 ft
H. Radius
0.26 ft
Zfeq
0.73
Zavg
0.73
V--!0C*v
A rA 41,
�.J1 IV.7
If velocity of flow is greater than 2 ft/s, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62A lb/ft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.30
s = 0.05
T = 0.94 psf

0
0
Appendices
o5=- 5 g-o
sid
.b
3 5 10 20 50 100 2uU 5uu iuuu
Discharge (ft3lsec)
Curves may not be extrapolated.
Figure 8.06a Design of outlet protection protection from a round pipe flowing full, minimum tailwater condition (Tw < 0.5 diameter).
C7 - 13.2-Cr-S Ip&E7 L4
;o
r�
7, Z : wU
UJ ! I,z7 F!
Pr %iPP wt
j 6
Ret'.SZKJ3 it �Y l2 �iP--,rrnA 24 „.1�u"�t•',r_�c Qn�z

0
•
Sedimentation & Erosion Control Calculations
Discharge Calculations
Little River Quarry -Drainage Areas 6-7
Lee County, NC
Project No.
Using the Kirpich Equation, where:
tc=([L 3'H]0.385)' 128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
l_ = t i R�ri i fApr
and H = 421feet
then tc = 10.66 minutes
From Design Storm Source Data for the Area...
Q = CIA
S B#5
Q = Discharge (cfs)
Areas
(acres)
Compound C Factors
C = Runoff Coefficient
A,
22.67�
C, 0.3
i = Storm intensity (inlhr)
A2
i #
C2 #
A = Drainage area in Acres
A3
—
C3
C Factor = (C,A, + CA + _ )IA
C Factor = 0.30
So for 25 yr 10 min Storm
C = 0.30
i = L _ __6.83 inlhr
A = 22.67 acres
Discharge for the watershed in question is....
Q = 46.45 cfs

Sedimentation Basin Sizing
Little River Quarry -Drainage Areas 6-7
Lee County, NC
Sedimentation Basin No. 5
Drainage Area
22.67 Acres
Drainage Area Check
Okay
Disturbed Area
46.45 Acres
Discharge
46.45 ft31s
Minimum Volume Reqd'
83,610 ft'
Minimum Surface Area Reqd'
20,206 ftz
Length
220 ft
Min. Basin Front Width
110.ft
Min. Basin Back Width
110 ft
Depth
4 ft
Side Slopes
2.5 :1, ft/ft
Length/Width Check
Okay
Okay
Bottom Length
200 ft
Bottom Front Width
90 ft
Bottom Back Width
90 ft
Surface Area
24,200 ftz
Bottom Area
18,000 ftZ
Total Volume
83,867 ft3
Surface Area Check Okay
Volume Check Okay
Dewatering of the Required Volume
Orifice Size
4 in
Skimmer Size
6 in
Flow
26,135 ft31d
Dewatering Time
3.20 days
Spillway
Flow Reqd'
Spillway Width
Side Slope Ratio
Depth
Velnrity
Capacity
Riser and Barrel
Flow
Diameter
Weir Capacity
Capacity Check
Buoyancy Check
Anchor Concrete Volume Reqd'
46.15 ft31s
50 ft
3 :1 ft/ft
0.5,ft, assumed depth, 0.5 ft maximum
1.79 ftic lass than 7 ftls irtaal for naak f nW Q._
75 ft31s, with weir coefficient of 3.0 for a broad -crested weir
46.45 cfs
60'in, 15" min. for CMP
47.12 cfs
Okay
5392 pounds
1.3 cubic yards of concrete (min.)

u
•
Sedimentation & Erosion Control Calculations
Diversion Ditch Calculations
Little River Quarry -Drainage
Areas 6-7
Lee County, NC
SB#E5, North Ditch
Slope of Ditch = HIL
Where: H = The difference
in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
�Y25jft
L = I
980 ft
Slope =
0.03
Solving for depth
Ditch Bottom Width I
_
10ft
Ditch Side Slope E
3�:1
ratio, H:V
Manning's "n" ;
0.03'
Depth
0.43j ft
Discharge
20.3 cfs
Area
4.87 ft2
WP
12.73 ft
H. Radius
0.38 ft
z«q
2.56
Zayy
2.56
Velocity
4.17 ftls
If velocity of flow is greater than 2 ft/s, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslftz (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.43
s = 0.03
T = 0.69 psf

0
E
Sedimentation & Erosion Control Calculations
Diversion Ditch Calculations
Little River Quarry -Drainage Areas 6-7
Lee County, NC
SB#5, South Ditch
Slope of Ditch = HIL
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
I_ _
Slope =
Solving for depth
Ditch Bottom Width
Ditch Side Slope
Manning's "n"
Depth
Discharge
Area
WP
H. Radius
Zreq
Zavg
Velocity
10lft
490 ft
0.02
- 10� ft
3,:1 ratio, H:V
0.29; ft
9.0 cfs
3.09 ftz
11.80 ft
0.26 ft
1.27
1.27
2.91 fUs
If velocity of flow is areater than 7 ftls matting is rPni,irer!
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.29
s = 0.02
T = 0.36 psf

0
r�
Appendices
2
20
10
0
V Discharge (ft3lsec)
Curves may not be extrapolated.
Figure 8.06a Design of outlet protection protection from a round pipe flowing full, minimum tailwater condition (Tw < 0.5 diameter).
ll St cQ = 5-6 L F,5 F^ 2 �7.2
Let
_+
Irfla.r
2 f ,11C F-lc 5
4
3
0
0
Rev. 12/93 8.06.3
V S f L �S 2 i A .- MA F' .J4 t raG �� c:5 �t I � tom,

i
Sedimentation & Erosion Control Calculations
Discharge Calculations
Little River Quarry -Drainage Area 8
Lee County, NC
Project No.
Using the Kirpich Equation, where:
`,=(rL3/H10.385)/128
tr = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
HH = Eievation difference along the hydraulic length (ft)
So, therefore, if
L = _f 8231 feet
and H = i 421feet
then tc = 10.82 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 16.58 C, 0.3
i = Storm intensity (in/hr) A2 ! Cz
A = Drainage area in Acres A3 i C3 I
C Factor = (C,A, + CA + ... )/A
C Factor = 0.30
So for 25 Yr 10 min Storm
C = 0.30
i = 6.831 in/hr
A = 16.58 acres
Discharge for the watershed in question is....
Q = 33.97 cfs

•
Sedimentation Basin Sizing
Little River Quarry -Drainage Area 8
Lee County, NC
Project No.
Sedimentation Basin No. 6
Drainage Area
16.58 Acres
Drainage Area Check
Okay
Disturbed Area
16.58 Acres
Discharge
33.97 ft31s
Minimum Volume Reqd'
29,844 ft'
Minimum Surface Area Reqd'
14,778 ft2
Length
150 ft
Min. Basin Front Width
180 ft
Min. Basin Back Width
20 ft
Depth
3 ft
Side Slopes
2.5 ;1, ft/ft
Length/Width Check Okay
Okay
Bottom Length 135 ft
Bottom Front Width 165 ft
Bottom Back Width 5 ft
Surface Area 15,000 ft2
Bottom Area 11,475 ft2
Total Volume 39,981 ft'
Surface Area Check Okay
Volume Check Okay
Dewatering of the Required Volume
Orifice Size
2.25 in
Skimmer Size
6 in
Flow
8,269 ft31d
Dewatering Time
3.61 days
Spillway
Flow Reqd'
Spillway Width
Side Slope Ratio
Depth
Y CIVLItj!
Capacity
Riser and Barrel
Flo
Diameter
Weir Capacity
Capacity Check
Buoyancy Check
Anchor Concrete Volume Reqd'
Anchor Size (Minimum, Square)
_z.
33.88 ft" /S
35-ft
3 :1 ft/ft
0.5 ft, assumed depth, 0.5 ft maximum
I.VV BUJ, 1000 wail c ,Uo wcai ivi PUan ,iwv, '-1110
52.5 ft31s, with weir coefficient of 3.0 for a broad -crested weir
33.97 cfs
48 in, 15" min. for CMP
37.70 cfs
Okay
2588 pounds
0.6 cubic yards of concrete (min.)
6 ft, each side, 6 inches thick

•
0
Sedimentation & Erosion Control Calculations
Diversion Ditch Calculations
Little River Quarry -Drainage Area 8
Lee County, NC
SB#6 Diversion Ditch
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore.
If... H =
25,�ft
L =
1165}ft
Slope =
0.02
Solving for depth
Ditch Bottom Width =
10l,ft
Ditch Side Slope
3, :1 ratio, H:V
Manning's "n"
0.031
Depth I
0.61; ft
Discharge
34.0 cfs
Area
712 R2
WP
1186 ft
H. Radius
0.52 ft
zmq 457
zM9 457
Velocity 4.71 ftls
If velocity of flow is greater than 2 ftic matting is required
Shear Stress: T=yds
When T = Shear stress in pounds9e (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = a61
s = 012
T = 012 psf

Appendices
2
1
3 5 10 20 50 100 zoo 5uu
Discharge (ft3lsec)
Curves may not be extrapolated.
Figure 8.06a Design of outlet protection protection from a round pipe flowing full, minimum tailwater condition (Tw < 0•5 diameter),
ZO
2. e 11JC1 1
4
M
Rev. 1193
R.(Ifi•`;

•
0
Sedimentation & Erosion Control Calculations
Discharge Calculations - Sediment Basin
Little River Quarry -Roadway Station 6+50
Lee County, NC
Project No.
Using the Kirpich Equation, where:
tc= ([ L3' H 10.385)112 8
tG = time of concentration (min.)
= Hv rni dir. lannth of tha mrafer Shari lfM
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L
and H = 30.feet
then tc = 3.74 minutes
From Design Storm Source Data for the Area...
Q = CiA
Q = Discharge (cfs) Areas (acres) Compound C_ Factors
C = Runoff Coefficient A, 0.604 C, 0.3
i = Storm intensity (in/hr) A2 ` CZ
A = Drainage area in Acres A3 C3
C Factor = (C,A, + CA + ... )/A
C Factor = 0.30
So if...
C = 0.30
i = _ . 7.76�inlhr
A = 0.60 acres
Discharge for the watershed in question is....
Q = 1.39 cfs

0
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, During Construction
Sta. 6+50
Diversion Ditch Design
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
L=
Slope =
Solving for depth
Ditch Bottom Width
Ditch Side Slope
Manning's "n"
Depth
Discharge
Area
WP
H. Radius
Zreq
Zavg
Velocity
`- 14;ft
380! ft
0.04
I' 2�ft
2:1 ratio, HN
0.031
0.21 I ft
1.4 cfs
0.49 ft2
2.92 ft
0.17 ft
0.15
0.15
2.82 ft/s
If velocity of flow is greater than 2 ftls, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslftz (psf)
y = unit weight of water, 62A Ib/ft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if; d = 0.21
s = 0.04
T = 0.47 psf

0
Sedimentation Basin Sizing
Little River Quarry
Lee County, NC
Project No.
Sedimentation Basin No.
RSB1 RSB2
Drainage Area
0.60 Acres
Drainage Area Check
Okay
Disturbed Area
0.61Acres
Discharge
1.39 ft31s
Minimum Volume Reqd'
2160 ft'
Minimum Surface Area Reqd'
606 ft2
Length
a 42�ft
Width
20i ft
r
Depth
3.51 ft
Side Slopes
2.5 :1, ft/ft
Length/Width Checkk
Okay
Okay
Bottom Length
33.25 ft
*
Bolt GM A
I125ft
Surface Area
840 ft'
Bottom Area
374
Total Volume
2195 ft3
Surface Area Check Okay
Volume Check Okay
Dewater Time 3 days
Flow 732 ft31d
Skimmer Size 4 in
Orifice Size 0.740641 in
Spillway
Flow Reqd' 1.38 ft31s
Spillway Width i 4�ft
Side Slope Ratio 1 i ft/ft
Depth } 0.51ft, assumed depth, 0.5 ft maximum
Velocity 0.62 ftls, less than 2 ft/s ideal for peak flow, Q,o
Capacity 6 ft3/s, with weir coefficient of 3.0 for a broad -crested weir
Flow 1.39 cfs
Diameter % in, 15" min. for CMP
Weir Capacity 0.00 cfs
Capacity Check Too Small

0
Sedimentation S Erosion Control Calculations
Discharge Calculations - Sediment Basin
Little River Quarry -Roadway Station 13+00
Lee County, NC
Project No.
Using the Kirpich Equation, where:
tc=([L3'H]0.385)/128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L feet
and H = I 20 feet
then t. = 3.61 minutes
From Design Storm Source Data for the Area...
Q = CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient Ai I 0.39 C, 0.31
i = Storm intensity (inlhr) A2 ! Cz
A = Drainage area in Acres A3 C3 I
C Factor = (CIA, + C2A2 + ... )IA
C Factor = 0.30
So if...
C = 0.30
i = ; _ 7:78 inlhr
A = 0.385675 acres
Discharge for the watershed in question is....
Q = 0.90 cfs

Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, During Construction
Sta. 13+00
Diversion Ditch Design
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
L=
Slope =
Solving for depth
Ditch Bottom Width
Ditch Side Slope
Manning's "n"
Depth
Discharge
Area
WP
H. Radius
zreq
zavg
Velocity
-L 16ft
460 ft
0.03
_ _ 2ft
2 :1 ratio, H:V
0.03
0.16 ft
0.9 cfs
0.37 ft2
2.72 ft
0.14 ft
0.10
0.10
2.43 ft/s
If tjalnriN of flnw is nraafnr than ? ftic mnttinn is rbni iirori
,J _, .._... y, �.. --a. - .,,.. .... .y �w ..
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ftlft
Therefore, if: d = 0.16
s = 0.03
T = 0.35 psf

Sedimentation Basin Sizing
Little River Quarry
Lee County, NC
Project No.
Sedimentation Basin No. RSB3 RS84
Drainage Area
0.39 Acres
Drainage Area Check
Okay_
Disturbed Area
! 0.39 Acres
Discharge
0.90 ft31s
Minimum Volume Reqd'
1404 ft'
Minimum Surface Area Read'
392 ft'
Length
35 ft
Width
18 ft
Depth
_ 3.5 ft
_
Side Slopes
2.5 :1, ft/ft
LengthlWidth Check Too Short
Okay
Bottom Length 26.25 ft
Bottom Width 9.25 ft
Surface Area 630 ft'
Bottom Area 243
Total Volume 1566 ft3
Surface Area Check Okay
Volume Check Okay
Dewater Time [-3�days
Flow 522 ft31d
Skimmer Size (_ 4]in
Orifice Size 0.625609 in
Spillway
Flow Reqd' 0.89 ft3/s
Spillway Width 4 ft
Side Slope Ratio 1 :1 ftlft
Depth _ 0.5 ft, assumed depth, 0.5 ft maximum
Velocity 0.40 ftls, less than 2 ftls ideal for peak flow, Q,a
Capacity 6 ft31s, with weir coefficient of 3.0 for a broad -crested weir
Flow 0.90 cfs
Diameter ��_�in, 15" min. for CMP
Weir Capacity 0.00 cfs
Capacity Check Too Small

0
Sedimentation & Erosion Control Calculations
Discharge Calculations - Sediment Basin
Little River Quarry -Roadway Station 13+50
Lee County, NC
Project No.
Using the Kirpich Equation, where:
tc=([L3'H)1.385)'128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = f 230� feet
and H = 30 feet
then 1.13 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres_) Compound C Factors
C = Runoff Coefficient A, I 0.21 C, FO. 3
i = Storm intensity (inlhr) Az C2
A = Drainage area in Acres A3 i C3
C Factor = (C,A, + CA + ... )IA
C Factor = 0.30
SO if...
C = 0.30
i = (_ --7.78 in/hr
A = 0.211203 acres
Discharge for the watershed in question is....
Q = 0.49 cfs

0
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, During Construction
Sta. 13+50
Diversion Ditch Design
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
if... H
2 ft
L =
153 ft
Slope =
0.08
Solving for depth
Ditch Bottom Width
_
T 2 ft
Ditch Side Slope
2 :1 ratio, H:V
Manning's "n"
0.03
Depth [
- _ 0.10 ft
Discharge
0.5 cfs
Area
0.22 ft2
WP
2.45 ft
H. Radius
0.09 ft
Zfeq
0.04
Zavg
0.04
Velocity
2.24 ft/s
If velocity of flow is greater than 2 fUs, matting is required
Shear Stress: T=yds
Where T = Shear stress in pounds/ft2 (psf)
y = unit weight of water, 62.4 Ib/ft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.10
s = 0.08
T = 0.49 psf

0
Sedimentation Basin Sizing
Little River Quarry
Lee County, NC
Project No.
Sedimentation Basin No.
RSBS
Drainage Area
0.21 Acres
Drainage Area Check
Okay
Disturbed Area
0.21 Acres
Discharge
0.49 ft3/s
Minimum Volume Read'
756 ft'
Minimum Surface Area Read'
914 ft2
Length
24 ft
Width
15 ft
Depth
3.5 ft
Side Slopes
2.5 :1, ft/ft
Length/Width Check Too Short
Okay
Bottom Length 15.25 ft
Bottom Width 5.25 ft
Surface Area 360 ftz
Bottom Area 95
Total Volume 788 ft3
Surface Area Check Okay
Volume Check Okay
DewaterTime [ 3idays
Flow 263 ft3/d
Skimmer Size 4 in
Orifice Size 0.443758 in
Spillway
Flow Read' 0.49 ft3/s
Spillway Width �� 4 ft
Side Slope Ratio 1 :1 ft/ft
Depth _ 0.5 ft, assumed depth, 0.5 ft maximum
Velocity 0.22 ft/s, less than 2 ft/s ideal for peak flow, Q,o
Capacity 6 W/s, with weir coefficient of 3.0 for a broad -crested weir
Flow _ 0.49 cfs
Diameter �_ = in, 15" min. for CMP
Weir Capacity 0.00 cfs
Capacity Check Too Small

/r 11
r-/
E

A
Sedimentation & Erosion Control Calculations
Discharge Calculations - Sediment Basin
Little River Quarry -Roadway Station 22+20
Lee County, NC
Project No.
Using the Kirpich Equation, where:
tc=([ L3/H ]0.385)/ 128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if _
L = 670 feet
and H = 38�feet
then tc = 3.54 minutes
From Design Storm Source Data for the Area.
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C_ Factors
C = Runoff Coefficient A, 2 C, 0.3j
i = Storm intensity (in/hr) A2 C2
A = Drainage area in Acres A3� C3
C Factor = (C1A1 + C2A2 +
C Factor = 0.30
So if.
C = 0.30
i = ( 7.78 in/hr
A = 0.62 acres
Discharge for the watershed in question is....
Q = 1.44 cfs

0
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, During Construction
Sta. 21+50
Diversion Ditch Design
Slope of Ditch = HIL
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
26 ft
L
L -630 ft
Slope =
0.05
Solving for depth
Ditch Bottom Width
2 ft
Ditch Side Slope
2 :1 ratio, H:V
Manning's "n"
0.43
Depth
0.19 ft
Discharge
1.4 cfs
Area
0.45 ft'
WP
2.85 ft
H. Radius
0.16 ft
Zraq 0.13
Zav9 0.13
Velocity 3.18 ft/s
If velocity of flow is greater than 2 ftls, matting is required
Shear Stress: T=yds
Where T = Shear stress in pounds/ft2 (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in ft
s = slope of ditch, fUft
Therefore, if: d = 0.19
s = 0.05
T = 0.58 psf

Sedimentation Basin Sizing
Little River Quarry
Lee County, NC
Project No.
Sedimentation Basin No. RS86 RSB7
Drainage Area
0.62 Acres
Drainage Area Check
Okay
Disturbed Area
[ 0.62 Acres
Discharge
1.44 ft3/s
Minimum Volume Reqd'
2232 ft3
Minimum Surface Area Reqd'
625 ft2
Length
40 ft
Width
20 ft
Depth
4 ft
Side Slopes
_
2.5 :1, ft/ft
LengthlWidth Check
Okay
Okay
Bottom Length
30 ft
Bottom Width
10 ft
Surface Area
800 ft'
Bottom Area
300
Total Volume
2235 ft3
Surface Area Check Okay
Volume Check Okay
Dewater Time
[ ____� 3�days
Flow
745 ft3/d
Skimmer Size
_
[ 4 in
Orifice Size
_
0.747399 in
Spillway
Flow Reqd' 1.43 ft3/s
Spillway Width ` 4 ft
Side Slope Ratio 1 :1 Tuft
Depth _ 0.5 ft, assumed depth, 0.5 ft maximum
Velocity 0.63 ft/s, less than 2 ft/s ideal for peak flow, Q10
Capacity 6 ft3/s, with weir coefficient of 3.0 for a broad -crested weir
Flow 1.44 cfs
Diameter [ -]in, 15" min. for CMP
Weir Capacity 0.00 cfs
Capacity Check Too Small

of
0
El
z.
0

L9
Sedimentation & Erosion Control Calculations
Discharge Calculations - Sediment Basin
Little Rivar f]�i1.2rr f-1?^!3wl:"!ay Station 77-&rzn
Lee County, NC
Project No.
Using the Kirpich Equation, where:
tc_([L3/H]""')/128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if _
L = ( 490 feet
and H = I 50 feet
then tc = 2.22 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
�._..._...�._ --- - ,- -- - - ,
C = Runoff Coefficient A, 0.46� Ci i 0.3,
i = Storm intensity (in/hr) AZ ' C2
A = Drainage area in Acres A3 _ - Ca
C Factor = (C1A1 + CA + ... )/A
C Factor = 0.30
So if...
C = 0.30
i = L _ _ 7.781in/hr
A = 0.46 acres
Discharge for the watershed in question is....
Q = 1.07 cfs

Sedimentation Basin Sizing
Little River Quarry
Lee County, NC
Project No.
Sedimentation Basin No. RSB8 RSB9
Drainage Area
0.46 Acres
Drainage Area Check
Okay
Disturbed Area
__
0.46 Acres
Discharge
1.07 fe/s
Minimum Volume Reqd'
1656 ft3
N inimum Surface Area Req,d'
a.0 �wa.
APCZ ft2
�vv
Length
35 ft
Width
i 20 ft
Depth
�3.5,ft
Side Slopes
2.5 :1, fUft
Length/Width Check
Too Short
Okay
Bottom Length
26.25 ft
Bottom Width
11.25 ft
Surface Area
700 ft2
Bottom Area
295
Total Volume
1812 ft3
Surface Area Check Okay
Volume Check Okay
Dewater Time
;days
Flow
604 ft31d
Skimmer Size
41 in
Orifice Size
_
0.672957 in
Spillway
Flow Reqd' 1.06 ft31s
Spillway Width 4 ft
Side Slope Ratio 1 :1 ftlft
Depth 0.5 ft, assumed depth, 0.5 ft maximum
Velocity 0.47 ftls, less than 2 fUs ideal for peak flow, Q,o
Capacity 6 ft31s, with weir coefficient of 3.0 for a broad -crested weir
Flow 1.07 cfs
Diameter _ _�in, 15" min. for CMP
Weir Capacity 0.00 cfs
Capacity Check Too Small

0
Sedimentation & Erosion Control Calculations
Kittle River Quarry
Haul Road, During Construction
Sta. 23+00
Diversion Ditch Design
Slope of Ditch = HIL
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
38 ft
L =
440 ft
Slope =
0.09
Solving for depth
Ditch Bottom Width
F ?I ft
Ditch Side Slope
z :1 ratio, H:V
Manning's "n"
0.03
Depth
f 0.13 ft
Discharge
1.1 cfs
Area
0.29 ftz
WP
2.58 ft
H. Radius
0.11 ft
Zfeq
0.07
Zavg
0.07
Velocity
3.65 ft/s
If velocity of flow is greater than 2 fUs, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.13
s = 0.09
T = 0.70 psf

Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road Clear Water Diversion Ditches
Sta. 27+50 to 42+33, Right
Discharge
Using the Kirpich Equation, where:
tC=([L31H10.3B5)/128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L W 1350 feet
and H = ___70 feet
then t. = 6.28 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C =Runoff Coefficient A, 11.85 C, W 0.31
i = Storm intensity (inlhr) A2 0.55 C2 0.951
A = Drainage area in Acres A3 C3
C Factor = (C,A, + C2A2 + — )IA
C Factor = 0.33
So for 10 yr 10 min Storm
C = 0.33
i = 0.298 inlhr (50-year, 24 hour storm)
A = 12.4 acres
Discharge for the watershed in question is....
Q = 1.2 cfs

0
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road Clear Water Diversion Ditches
Sta. 27+50 to 42+33, Right
Ditch Design
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
68 ft
L =
1510 ft
Slope =
0.05
Solving for depth
Ditch Bottom Width f
,10 ft
Ditch Side Slope I
2 :1 ratio, H:V
Manning's "n" C
_ 0.03
Depth [
_0.07j ft
Discharge
1.2 cfs
Area
0.71 ft2
WP
10.31 ft
H. Radius
0.07 ft
Zreq 0.12
Za vg 0.12
Velocity 1.71 ft/s
If velocity of flow is greater than 2 ft/s, matting is required
Shear Stress: T=yds
Where T = Shear stress in pounds/ftz (psf)
y = unit weight of water, 62.4 Ib/ft3 {pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.07
s = 0.05
T = 0.20 psf

v
0 •
Sedimentation & Erosion Control Calculations
Discharge Calculations - Sediment Basin
Little River Quarry -Roadway Station. 4 Z+ D
Lee County, NC
Project No.
Using the Kirpich Equation, where:
tc_([L3'H10.385)1128
t, = time of concentration (rein.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = 1400 feet
and H = 65 feet
then tc = 6.74 minutes
From Design Storm Source Data for the Area...
Q = CiA
Q = Discharge (cfs)
C = Runoff Coefficient
i = Storm intensity (Inlhr)
A = Drainage area in Acres
So if...
C = 0.30
i = 7.7B inlhr
A = 1.93 acres
Discharge for the watershed in question is...
. Q = 4.50 cfs
Areas (acres)
A, 1.93
A2
A3
C Factor = (C1A1 + CA + ... )IA
C Factor = 0.30
Compound C Factors
C, 0.3
CZ
C3

Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, During Construction
Sta. 42+00, Left
Diversion Ditch Design
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
L=
Slope =
Solving for depth
Ditch Bottom Width
Ditch Side Slope
Manning's "n"
Depth
Discharge
Area
WP
H. Radius
Zreq
xa g
Velocity
64 ft
1430 ft
0.04
[-2 ft
:1 ratio, H: V
0.03
[�0.37 ft
4.5 cfs
1.01 ftz
3.65 ft
0.28 ft
0.43
0.43
4.44 ft/s
If velocity of flow is greater than 2 ft/s, matting is required
Shear Stress: T=yds
Where T = Shear stress in pounds/ftz (psf)
y = unit weight of water, 62.4 Ib/ft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.37
s = 0.04
T = 1.03 psf

r
0
0
Sedimentation & Erosion Control Calculations
Sediment Skimmer Basin
Little River Quarry -Station 42+00, Left, SSB#4
Lee County, NC
Q, Flow, 10-year storm
Drainage Area
Disturbed Area
Minimum Volume
Min. Surface Area Req.
Min. Trap Width Req.
Min. Trap Length Req.
Min. Basin Front Width
Min. Basin Back Width
Min. Basin Length
Basin Interior Side Slopes
Basin Depth
Bottom Front Width
Bottom Back Width
Bottom Length
Top Surface Area
Bottom Surface Area
Volume
Surface Area Check
Volume Check
Spillway Width
Spillway Side Ratio
Flow Depth
Velocity
Capacity
Spillway Check
Capacity Check
4.50 cfs
1.93 acres
1_931 acres
3474 ft3, using 1,800 ft3 per acre of disturbed area
1463 ft2, using 325 sf per cfs
27 ft
54 ft, with 3.5' depth
22 ft
i 22 ft
75 ft
2 :1 (ft/ft), 2 recommended
4Jt, a ft avg, 2 ft min., 3.5 ft max.
Eft
6 ft
59 ft
1650 ft2
354 ft2
3667 ft3, not including fitting to existing surface
Okay
Okay
Okay
Okay
31:1, (ft/ft), 3:1 or flatter
0.5,ft, assumed depth, 0.5 ft maximum
0.78 ft/s, less than 2 ft/s ideal for peak flow, 010
15 ft31s, with a weir coefficient of 3.0 for a broad -crested weir
Dewatering of the Required Volume__
Orifice Size
Ckimmer Gi7e Win
Flow 919 ft31d
Dewatering Time 3.78 days

0
Sedimentation & Erosion Control Calculations
Discharge Calculations - Sediment Basin
Little River Quarry -Roadway Station 54+50 - Right
Lee County, NC
Project No.
Using the Kirpich Equation, where:
t,=([L3IH10.385)r128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = 550 feet
and H 30 feet
then tc = 3.08 minutes
From Design Storm Source Data for the Area...
Q = CiA
Q = Discharge (cfs) Areas (acres)
C = Runoff Coefficient A, 0.38
i = Storm intensity (inlhr) Az
A = Drainage area in Acres A3
C Factor = (C A, + CZAZ + ... )IA
C Factor = 0.30
So if.
C = 0.30
i = 7.78 inlhr
A = 0.38 acres
Discharge for the watershed in question is....
Q = 0.88 cfs
Compound C Factors
C, 0.3
Cz
C3

•
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, During Construction
Sta. 55+00, Right
Diversion Ditch Design
Slope of Ditch = HIL
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
L=
Slope
Solving for depth
Ditch Bottom Width
Ditch Side Slope
Manning's "n"
Depth
Discharge
Area
WP
H. Radius
Zreq
Zavg
Velocity
18ft
'240 ft
0.08
1 =1ft
1 :1 ratio, H M
a.a3
0.12 ft
0.9 cfs
0.27 ft'
2.54 ft
0.11 ft
0.06
o.a6
3.29 ftls
If velocity of flow is greater than 2 ftls, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslftz (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.12
s = 0.08
T = 0.56 psf

NW
0
Sedimentation Basin Sizing
Little River Quarry
Lee County, NC
Project No.
Sedimentation Basin No. RSB11
Drainage Area
0.38 Acres
Drainage Area Check
Okay
Disturbed Area
~0.38�Acres
Discharge
0.88 ft3/s
Minimum Volume Reqd'
1368 ft3
Minimum Surface Area Reqd'
385 ft'
Length
- ..__ T 401 ft
Width
, 1 ft
Depth
�- ,- -_ 35 ft
Side Slopes
2.5 :1, ft/ft
Len_ gth/Width Check
Okay
Okay
Bottom Length
31,25 it
Bottom Width
6.25 ft
Surface Area
600 ftz
Bottom Area
195
T. c.l tia..l..,..
Tu�ai vvllun-e
1,2Q,) ;+3
1aWJ IL
Surface Area Check Okay
Volume Check Okay
Dewatering _
Dewa ime _3;days
Flow T_ 461 ft3/d
Skimmer Size 4 in
Orifice Size 0.587906 in
Spillway
Flow Reqd' 0.88 ft3/
Spillway Width �-
Side Slope Ratio I 1:1 ftlft
Depth I_ ;� sumed depth, 0.5 ft maximum
Velocity /#DIV/O! ft/s, le h%an 2 ft/s ideal for peak flow, Q,o
Capacity // 0 ft31s, with we oefficient of 3.0 for abroad -crested weir
Riser and Barrel
Flow 0.88 cfs
Diameter `-��T]in, 15" min. for C M P
Weir Ca ity 0.00 cfs
Cana . Check Too 5ma0

O
Sedimentation & Erosion Control Calculations
Discharge Calculations - Sediment Basin
Little River Quarry -Roadway Station 54+50 LEFT
Lee County, NC
Project No.
Using the Kirpich Equation, where:
tc=(`, 3g410.385)!1 )R
tc = time of concentration (min.)
= HydrauHc la gth of 'Lille ie Water s ed (ii)
H = Elevation difference along the hydraulic length (ft)
So, therefore, rf
L = 650 feet
and H = 45 feet
then t� = 3.20 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs)
C = Runoff Coefficient
Storm intensity lkin llfir)
A = Drainage area in Acres
So if...
C = 0.30
i = 7.78 in/hr
A = 1.89 acres
Discharge for the watershed in question is....
Q = 4.42 cfs
Areas (acres)
A, 1.89
n2
A3
C Factor = (C,A, + C2A2 + ...')IA
C Factor = 0.30
Compound C Factors
C, 0.3
Cz
C3

Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, During Construction
Sta. 55+00, Left
Diversion Ditch Design
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
L=
Slope
Solving for depth
Ditch Bottom Width
Ditch Side Slope
Manning's "n"
Depth
Discharge
Area
WP
H. Radius
Zreq
Zavg
Velocity
24 ft
L . 250 ft
0.10
2 ft
2 :1 ratio, H:V
0.03
0.30 ft
4.4 cfs
0.76 ftz
3.32 ft
0.23 ft
0.29
0.29
5.79 ft/s
if velocity of flow is greater than 2 ftis, matting is required
Shear Stress: T=yds
IAlhara T = Chaar ctraoc in rnniinrriclft2 (hncfi
y = unit weight of water, 62.4 Ib/ft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.30
s = 0.10
T = 1.77 psf

1W
C11
Sedimentation & Erosion Control Calculations
Sediment Basin
Little River Quarry -Station RSB12 'r
Lee County, NC
Project No.
Q, Flow, 10-year storm
Drainage Area
Disturbed Area
Minimum Volume
Min. Surface Area Req.
Min. Trap Width Req.
Min. Trap Length Req.
Min. Basin Front Width
Min. Basin Back Width
Min. Basin Length
Basin Interior Side Slopes
Basin Depth
Bottom Front Width
Bottom Back Width
Bottom Length
Top Surface Area
Bottom Surface Area
Volume
Surface Area Check
Volume Check
Spillway Width
Spillway Side Ratio
Flow Depth
Velocity
Capacity
Spillway Check
Capacity Check
4.42 cfs
1.89 acres
�89] acres
3402 ft3, using 1,800 ft3 per acre of disturbed area
1437 ft2, using 325 sf per cfs
27 ft
54 ft, with 3.5' depth
22 ft
22�ft
75 ft
2 :1 (ft/ft), 2 recommended
eft, 3 ft avg. 2 ft min., 3.5 ft max.
6 ft
6ft
59 ft
1650 ft2
354 ft2
3667 ft3, not including fitting to existing surface
Okay
Okay
4ft
3 :1, (fvft), 3:1 or flatter
0.5 ft, assumed depth, 0.5 ft maximum
1.61 ftls, less than 2 ftls ideal for peak flow, Q,o
6 W/s, with a weir coefficient of 3.0 for a broad -crested weir
Okay
Okay

�1_
Sedimentation & Erosion Control Calculations
Discharge Calculations - Sediment Basin
Little River Quarry -Roadway Station 57+50 RIGHT
Lee County, NC
Project No.
Using the Kirpich Equation, where:
tC_([L3'H10.385)' i 28
tc = time of concentration (min.)
L = Hydrauiic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = 300 feet
and H = 15 feet
then t1_ = 2.00 minutes
From Design Storm Source Data for the Area...
Q = CiA
Q = Discharge (cfs) Areas (acres)
C = Runoff Coefficient A, 0.34
i = Storm intensity (inlhr) AZ
A = Drainage area in Acres A3
l.r ractol = (C,Yt1 + C2A2 T ...)/A
C Factor = 0.30
So if.
C = 0.30
i = 7.78 in/hr
A = 0.34 acres
Discharge for the watershed in question is....
0 = 0.80 cfs
Compound C Factors
C, 0.3
CZ

0
Sedimentation Basin Sizing
Little River Quarry
Lee County, NC
Project No.
Sedimentation Basin No.
RSB13 'T
Drainage Area
0.34 Acres
Drainage Area Check
Okay
Disturbed Area
0.34 Acres
Discharge
0.80 ft31s
Minimum Volume Reqd'
1224 ft3
Minimum Surface Area Reqd'
350 ft2
Length
_
351
ft
Width
151
ft
Depth
_4J ft
Side Slopes
2.5 :1, ft/ft
LengthlWidth Check
Okay
Okay
Bottom Length
25 ft
Bottom Width
5-ft
Surface Area
525 ftz
Bottom Area
125
Total Volume
1233 ft3
Surface Area Check Okay
Volume Check Okay
Dewater Time
31days
Flow
ft31d
Skimmer Size
_411
______ 4�in
Orifice Size
0.555018 in
Spillway
Flow Reqd' _ 0.8_0 ft3/s
Spillway Width w_ 41ft
Side Slope Ratio 1 :1 ft/ft
Depth 0.5 ft, assumed depth, 0.5 ft maximum
Velocity 0.36 ft/s, less than 2 ftls ideal for peak flow, Q,o
Capacity 6 ft31s, with weir coefficient of 3.0 for a broad -crested weir
Flow 0.80 cfs
Diameter �__LJin, 15" min. for CMP
1A'cir f%apac;+.. n nn 4:_
WY I va�.ra a.IL V.VV CIO
Capacity Check Too Small

0
•
Sedimentation & Erosion Control Calculations
Discharge Calculations - Sediment Basin
Littie River Quarry -Roadway Station 62+70
Lee County, NC
Project No.
Using the Kirpich Equation, where:
=(�La�H)o.sss}1128
t = time of concentration (min.)
L = Hydiauiic ienylh of the water shed (it)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = 2701 feet
and H = 2J feet
then tc = 1.45 minutes
From Design Storm Source Data for the Area...
LS;
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient Ai 0.28 C1 0.3
i = Storm intensity (inlhr) Az - Cz
A = Drainage area in Acres A3 C3
C Factor = (CIA, + C2A2 + ... )IA
C Factor = 0.30
C = 0.30
i = 7.78 inlhr
A = 0.28 acres
Discharge for the watershed in question is...
Q = 0.64 cfs

0 0
Sedimentation Basin Sizing
Little River Quarry
Lee County, NC
Project No.
Sedimentation Basin No.
RS814 RS815
Drainage Area
0.28 Acres
Drainage Area Check
Okay
Disturbed Area
( 0.28 Acres
Discharge
0.64 ft3/s
Minimum Volume Reqd'
1008 ft,
Minimum Surface Area Reqd'
280 ftz
Length
ft
Width
ft
]35
Depth
_ft
Side Slopes
_
2.5 :1, ft/ft
Length/Width Check Okay
Okay
Bottom Length 21.25 ft
rfa,� nrda- 0Ott0M vviutn 6.25 ft
Surface Area 450 ft2
Bottom Area 133
Total Volume 1011 ft3
Surface Area Check Okay
Volume Check Okay
Dewater Time 3�days
Flow 337 ft3/d
Skimmer Size in
Orifice Size 0.502681 in
Spillway
Flow Reqd' 0.64 ft3/s
Spillway Width 4 ft
Side Slope Ratio 1 :1 ft/ft
Depth 0.5 ft, assumed depth, 0.5 ft maximum
Velocity 0.28 ft/s, less than 2 ft/s ideal for peak flow, 010
Capacity 6 ft3/s, with weir coefficient of 3.0 for a broad -crested weir
Flow _ 0.64 cfs
Diameter _=in, 15" min. for CMP
Weir Capacity 0.00 cfs
Capacity Check Too Small

0 0
Sedimentation & Erosion Control Calculations
Discharge Calculations
Little River Quarry -Roadway at Plant Entrance (Sta. 65+28)
Lee County, NC
Using the Kirpich Equation, where:
tc=((L3' l I)6.385 )/ 128
tc = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L 7 901 feet
and H = 221 feet
then tc = 13.58 minutes
From Design Storm Source Data for the Area...
Q = CiA
Q = Discharge (cfs) Areas
(acres)
Compound
C Factors
C = Runoff Coefficient A,
0.29
C,
0.3
i = Storm intensity (inlhr) AZ
-
C2
-�
A = Drainage area in Acres A3
C3
C Factor = (CIA, + CA + ...)IA
C Factor = 0.30
So if..
C = 0.30
i = 8.57 inlhr Using 25-year storm
A = 0.29 acres
Discharge for the watershed in question is....
Q = 0.75 cfs

9 0
Sedimentation & Erosion Control Calculations
Discharge Calculations - Diversion Ditch
Little River Quarry -Roadway at Plant Entrance (Sta. 65+28)
Lee County, EEC
Diversion Ditch Design
Slope of Ditch = HIL
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore..
If... H
Eft
L=
�73ft
Slope
0.08 ft/ft
Solving for depth
Ditch Bottom Width
2 ft
Ditch Side Slope
2 :1 ratio, H:V
Manning's "n"
0.03
Depth
0.11 ft
Discharge
0.7 cfs
Area
0.24 ft2
WP
2.49 ft
H. Radius
0.10 ft
Zreq
0,05
zaVg
0.05
Velocity
3.05 ft/s
If velocity of flow is greater than 2 ftls, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62.4 lblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.11
s = 0.08
T = 0.56 psf

9
is
Sedimentation & Erosion Control Calculations
Discharge Calculations - Temporary Sediment Trap
Little River Quarry -Roadway at Plant Entrance (Sta. 65+28)
Lee County, NC
Sedimentation Basin No. RS816
Drainage Area
0.29 Acres
Drainage Area Check
Okay
Disturbed Area
0.29 Acres
Discharge
0.75 ft3/s
Minimum Volume Reqd'
1044 ft3
Minimum Surface Area Reqd'
324 ftZ
Length
'32 ft
Width
° 16 ft
Depth
3.5 ft
Side Slopes
2.5 .1, ft/ft
Length[Width Check Okay
Okay
Bottom Length 23.25 ft
IDottom iYidth 7.25 n
Surface Area 512 ftZ
Bottom Area 169
Total Volume 1198 ft3
Surface Area Check Okay
Volume Check Okay

o •

0
Sedimentation & Erosion Control Calculations
Discharge Calculations - Shop Area
Little River Quarry
Lee County, NC
Using the Kirpich Equation, where:
tc=([L3/Hj'-"')1128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = 220 feet
and H = 10 feet
then tc = 1.63 minutes
From Design Storm Source Data for the Area...
Q = CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 1.00 C, 0.3
i = Storm intensity (inthr) Az CZ
A = Drainage area in Acres A3 C3
C Factor = (CjAl + CA + ...)IA
C Factor = 0.30
So if...
C = 0.30
i = 7.78 inlhr
A = 1.00 acres
Discharge for the watershed in question is....
Q = 2.33 cfs

• 0
Sedimentation & Erosion Control Calculations
Diversion Ditch - Shop Area, East Side
Little River Quarry
Lee County, NC
Slope of Ditch = HIL
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
if... H =
3
ft
L =
200
ft
Slope =
0.02
Solving for depth
Ditch Bottom Width
r 3
ft
Ditch Side Slope
1 ratio, H:V
Manning's "n"
0.03
Depth
0.19 ft
Discharge
1.2 cfs
Area
0.66 ftz
WP
4.17 ft
H. Radius
0.16 ft
zr©q 0.19
ZaV9 0.19
Velocity 1.77 ftls
If velocity of flow is greater than 2 ft/s, matting is required
Shear Stress: T=yds
Where T = Shear stress in pounds/ftz (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.19
s = 0.02
T = 0.17 psf

• 0
Sedimentation & Erosion Control Calculations
Diversion Ditch - Shop Area, West Side
LiftlP River Duarry
Lee County, NC
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
3 ft
L =
380 ft
slope =
0-01
Solving for depth
Ditch Bottom Width
ft
Ditch Side Slope
.1 ratio, H:V
[:A
Manning's "n"
Depth
0.22 ft
Discharge
1.2 cfs
Area
0.81 ftz
WP
4.39 ft
H. Radius
0.18 ft
zroq 0.26
zav9 0.26
Velocity 1.45 ft/s
If velocity of flow is greater than 2 ft/s, matting is required
Shear Stress: T=yds
Where T = Shear stress in pounds/ft2 (psf)
y = unit weight of water, 62.4 Ib/ft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft ft
Therefore, if: d = 0.22
s = 0.01
T = 0.11 psf

•
41
Sedimentation Basin Sizing
Little River Quarry - Shop Area
Lee County, NC
Project No.
Sedimentation Basin No. RS6-10
Drainage Area
1.00 Acres
Drainage Area Check
Okay
Disturbed Area
1.00 Acres
Discharge
2.33 ft31s
Minimum Volume Reqd'
3600 ft3
Minimum Surface Area Reqd'
1015 ft2
Length
52 ft
Width
m ft
Depth
3.5 ft
Side Slopes
2.5 :1. ft/ft
Length/Width Check Okay
Okay
Bottom Length 43.25 ft
Bottom Width 17.25 ft
Surface Area 1352 ftz
Bottom Area 746
Total Volume 3837 ft'
Surface Area Check Okay
Volume Check Okay

•
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 0+00 to 5+25, Right
Discharge
Using the Kirpich Equation, where: IV
` ([L3'H]0.3B5)/1 28
t,. = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So,.therefore, if_
L = 419 feet
and H = 1 33 feet
then tt = 2.17 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 0.86 C, 0.3
i = Storm intensity (inlhr) AZ 0.18 C2 0.95
A = Drainage area in Acres A3 C3
C Factor = (CIA, + CA + ... )IA
C Factor = 0.41
So for 10 yr 10 min Storm
C = 0.41
i = 7.78 inlhr
A = 1.04 acres
Discharge for the watershed in question is....
Q = 3.3 cfs

0 0
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road; Post Development
Sta. 0+00 to 5+25, Right
Ditch Design
Slope of Ditch = HIL
Where: H = The difference in elevation Mong the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
10
ft
L =
140
ft
Slope =
0.07
Solving for depth
Ditch.Bottom_Width..__
_ 2
ft
Ditch Side Slope1!!
3
:1 ratio, H:V
Manning's "n"
0.03
Depth
0.26 ft
Discharge
3.3 cfs
Area
0.72 ft2
WP
3.64 ft
H. Radius
0.20 ft
Zreq 0.25
Za„9 0.25
Velocity 4.62 ftls
If velocity of flow is greater than 2 fUs, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.26
s = 0.07
T= 1.16 psf

Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 0+Q0 to 5+75, Left
Discharge
Using the Kirpich Equation, where: %,
tC=([L3/H]o.385)1128
� = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So,-therefore,.if_ _
L = 463 feet
and H = 12 feet
then t" 3.60 minutes
From Design Storm Source Data for the Area-
0 = CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 0.37 Ci 0.3
i = Storm intensity (inlhr) AZ 0.2 Cz 0.95
A = Drainage area in Acres A3 C3
C Factor = (C,A, + CA + ... )IA
C Factor = 0.53
So for 10 yr 10 min Storm
C = 0.53
i = 7.78 inlhr
A = 0.57 acres
Discharge for the watershed in question is....
Q = 2.3 cfs

0 0
Sedimentation & Erosion Control Calculations
Little River Quarry
Wahl Pnart Pnct npvpinnmpnt
Sta. 0+00 to 5+75, Left
Ditch Design
Slope of Ditch = HIL
Where: H = The difference in elevation tilong the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
10
ft
L =
1 152
ft
Slope =
0.07
Solving for depth
Ditch.Bottom_Width—
2
ft
Ditch Side Slope
3
:1 ratio, H:V
Manning's "n"
0.03
Depth
0.22 H
Discharge
2.3 cfs
Area
0.59 ft2
WP
3.39 ft
H. Radius
0.17 n
zfeq 0.18
zav9 0.18
Velocity 4.00 ftls
If velocity of flow is greater than 2 ftls, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62.4 lblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.22
s = 0.07
T = 0.90 psf

® 0
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 8+17 to 11 +40, Left
Discharge
Using the Kirpich equation, where:
y
4 "'([L3'Hj""')/128
tc = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = 330 feet
and H = �9 feet
then tc = 2.72 minutes
From Design Storm Source Data for the Area...
Q = CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, L 0.14 C, 0.3
i = Storm intensity (inlhr) AZ 0.11 Cz 0.95
A = Drainage area in Acres A3 C3
C Factor = (CIA, + CZAZ + ... )IA
C Factor = 0.59
So for 10 yr 10 min Storm
C = 0.59
i = I7.78 inlhr
A = 0.25 acres
Discharge for the watershed in question is...
Q = 1.1 cfs

Sedimentation & Erosion Control Calculations
Little River Quarry
Haut Road, Post Development
Sta. 8+17 to 12+03, Right
Discharge
Using the Kirpich Equation, where:
V((L31H)0.381)1128
tG = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
720 feet
and H = 301 feet
then tc = 4.21 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 2.18 C, 0.3
i = Storm intensity (inlhr) A2 0.13 C2 0.95
A = Drainage area in Acres A3 C3
C Factor = (C,A, + CA + ... )IA
C Factor = 0.34
So for 10 yr 10 min Storm
C = 0.34
i = I inlhr
A = 2.31 acres
Discharge for the watershed in question is....
Q = 6.0 cfs

Sedimentation 8r Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 8+17+11+40, Left
Ditch Design
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
if... H =
6
ft
L =
224
ft
Slope =
0.03
Solving for depth
Ditch. Bottom Width. _
.41ft
Ditch Side Slope
:1 ratio, H:V
Manning's "n"
0.03
Depth
0.13 ft
Discharge
1.1 cfs
Area
0.57 ftZ
WP
4.82 ft
H. Radius
0.12 ft
zreq 0.14
zavg 0.14
Velocity 2.00 ftls
If velocity of flow is greater than 2 ftls, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d=flow depth inft
s = slope of ditch, ft/ft
Therefore, if: d = 0.13
s = 0.03
T = ff 22 -sf
r ,

0 0
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road_ Post Development
Sta. 8+17 to 12+03, Right
Ditch Design
Slope of Ditch = HIL
Where: H = The difference in elevation along the ditch, in feel
L = The length of the ditch, in feet
So therefore...
If... H =
11
ft
L =
390
ft
Slope =
0.03
Solving for depth
Ditch,8ottom Width, w
ftDitch
Side Slope
If:j
:1 ratio, H:V
Manning's "n"
Depth
0.34 ft
Discharge
6.0 cfs
Area
1.71 ft'
WP
6.15 ft
H. Radius
0.28 ft
zieQ 0.73
za„g 0.73
Velocity 3.54 ft/s
If velocity of flow is greater than 2 ft/s, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62.4 lblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.34
s = 0.03
T = 0.60 psf

0
Sedimentation & Erosion Control Calculations
1 ittlo Rivar marry
Haul Road, Post Development
Sta. 14+00 to 16+00, Left
Discharge
Using the Kirpich Equation, where: !r
tc=([L3/HjO"")/128
tc = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So,therefore-if- --
L = 206 feet
and H = 5 feet
then t� = 1.98 minutes
From Design Storm Source Data for the Area...
Q = CiA
Q = Discharge (cfs)
Areas (acres)
Compound C Factors
C = Runoff Coefficient
A, 1 0.131
C, 0.3
i = Storm intensity (inlhr)
A = Drainage in Acres
A2 0.07
A3
C2 0.95
C3
area
C Factor = (C,A, + C2A2 + ... )IA
C Factor = 0.53
So for 10 yr 10 min Storm
C = 0.53
i = 1 7 8 inthr
A = 0.2 acres
Dischargi? for the watershed in question is....
Q = 0.8 cfs

Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 14+22 to 16+00, Right
Discharge
Using the Kirpich Equation, where: �
► —In 31u,0.385111')A
L—ll� ,, .1 1, .--
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
-So,-therefore,-if.
L = 590 feet
and H = 27 feet
then tz = 3.48 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 0.29 C, 0.3
i = Storrs intensity (inthr) Az 0.05 CZ 0.95
A = Drainage area in Acres A3 C3
C Factor = (C A, + CA + ... )/A
C Factor = 0.41
So for 10 yr 10 min Storm
C = 0.41
i = 1 7.78 in/hr
A = 0.35 acres
Discharge for the watershed in question is....
Q = 1.1 cfs

E
E
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta.14+00 to 16+00, Left
Ditch Design
Slope of Ditch = H1L
Where: H = The difference in elevation blong the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
4
ft
L =
170
ft
Slope =
0.02
Solving for depth
Ditch.Sottom_Width
2
.ft
Ditch Side Slope
3
L
:1 ratio, H:V
Manning's "n"
0.03
Depth
0:17 ft
Discharge
0.8 cfs
Area
0.43 ft2
WP
3.08 ft
H. Radius
0.14 ft
zrBq 0.11
z,,,o 0.11
Velocity 1.92 ftls
If velocity of flow is greater than 2 ftls, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.17
s = 0.02
T = 0.25 psf

0 o
Sedimentation & Erosion Control Calculations
Little River Quarry
Hlaul Rwaaa, rvaa vcvcwpmcna
Sta. 14+22 to 16+00, Right
Ditch Design
Slope of Ditch = H/L
0
Where: H = The difference in elevation Tong the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
2 ft
L =
1 176 ft
Slope =
0.01
Solving for depth
Ditch•Bottom•Width- --
2
ft
Ditch Side Slope
3
:1 ratio, H:V
Manning's "n"
0A3
Depth
0.24 ft
Discharge
1.1 cfs
Area
0.65 ftz
WP
3.52 ft
H. Radius
0.19 ft
zraq 0.21
zavg 0.21
Velocity 1.72 ft/s
If velocity of flow is greater than 2 ftls, matting is required
Shear Stress: T=yds
Where T = Shear stress in pounds/W (psf)
y = unit weight of water, 62.4 Ib/ft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.24
s = 0.01
T = 0.17 psf

Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 16+00 to 20+69, Left
Discharge
Using the Kirpich Equation, where: q,
t,=([L3/H]0.385)/128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
-So-therefore-if. _.
L = 4711 feet
and H = 29 feet
then t. 2.61 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 0.24 C, 0.3
i = Storm intensity (in/hr) Az 0.16 CZ 0.95
A = Drainage area in Acres A3 C3
C Factor = (C A, + CA + ... )/A
C Factor = 0.56
So for 10 yr 10 min Storm
C = 0.56
i = 7,7+3 in/hr
A = 0.4 acres
Discharge for the watershed in question is....
Q = 1.7 cfs

0
0
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 16+00 to 20+86, Right
Discharge
Using the Kirpich Equation, where: 1%,
t,=([L31H]0.381)1128
tc = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
-So-therefore, if_
L = 595feet
and H = 37 feet
then tc = 3.12 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 2.24 C, 0.3
i = Storm intensity (inlhr) AZ 0.17 Cz 0.95
A = Drainage area in Acres A3 C3
C Factor = (C A, + CA + ... )IA
C Factor = 0.35
So for 10 yr 10 min Storm
C = 0.35
i 7.78 inlhr
A - `i•zd 1
n - � acres
J
Discharge for the watershed in question is....
Q = 6.5 cfs

Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 16+00 to 20+69, Left
Ditch Design
Slope of Ditch = H1L
Where: H = The difference in elevation glong the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
14
ft
L =
456
ft
Slope =
0.03
Solving for depth
Ditch.Bottom_Width.
4
ft
Ditch Side Slope
3
:1 ratio, H:V
Manning's "n"
0.03
Depth
0.16 ft
Discharge
1.7 cfs
Area
0.72 ft2
W P
5.01 ft
H. Radius
0.14 ft
Zfeq 0.20
Zavg 0.20
Velocity 2.43 ftls
If velocity of flow is greater than 2 fUs, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62.4 Iblft3 (pef
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.16
s = 0.03
T = 0.3 i psi

0
0
Sedimentation S Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 16+00 to 20+86, Right
Ditch Design
Slope of Ditch = H/L
Where: H = The difference in elevation dlong the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
'lift
L =
500
ft
Slope =
0.04
Solving for depth
Ditch. Bottom_Width.._..,
ft
Ditch Side Slope
Ej
:1 ratio, HN
Manning's "n"
Depth
0.33 ft
Discharge
6.5 cfs
Area
1.65 ft2
WP
6.09 ft
H. Radius
0.27 ft
zraq 0.69
Zara 0.69
Velocity 3.94 ftls
If velocity of flow is greater than 2 ftls, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.33
s = 0.04
T = 0.74 psf

0
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 24+92 to 27+50, Left
Discharge
Using the Kirpich Equation, where:
`c__ (r L3IH 19.385)I128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So,.therefore,.if_— ,.
L = 272 feet
and H = 20 feet
then tc = 1.60 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 0.08 C, 0.3
i = Storm intensity (inlhr) AZ 0.09 C2 0.95
A = Drainage area in Acres A3 C3
C Factor = (C,A, + CA + ... )IA
C Factor = 0.64
So for 10 yr 10 min Storm
C = 0.64
i = 7.78 inlhr
A = 0.17 acres
Discharge for the watershed in question is....
Q = 0.9 cfs

0 •
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 23+82 to 27+50, Right
Discharge
Using the Kirpich Equation, where: y
V([L3'H)""')/128
t = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
-So,..therefore,_if _._
L = 340 feet
and H = 33 feet
then t< = 1.71 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 0.26 C, 0.3
i = Storm intensity (in/hr) Az 0.13 CZ 0.95
A = Drainage area in Acres A3 C3
C Factor = (C,A, + CZAZ + ... )IA
C Factor = 0.52
So for 10 yr 10 min Storm
C = 0.52
i = 7.7i3 inlhr
A = 0.39 acres
Discharge for the watershed in question is....
Q = 1.6 cfs

0
•
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 24+92 to 27+50, Left
Ditch Design
Slope of Ditch = HIL
Where: ' H = The difference in elevation 91ong the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
12
ft
L =
1 190
ft
Slope =
0.06
Solving for depth
Ditch.Bottom..Width.
Ditch Side Slope
3
:1 ratio, H:V
Manning's "n"
0.03
Depth
0.13 It
Discharge
0.9 cfs
Area
0.31 ft2
W P
2.82 ft
H. Radius
0.11 ft
zfaq 0.07
Zavg 0.07
Velocity 2.74 fUs
If velocity of flow is greater than 2 ftls, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslftz (psf)
y = unit weight of water, 62.4 lblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.13
s = 0.06
T = 0.51 psf

0 0
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 23+82 to 27+50, Right
Ditch Design
Slope of Ditch = H/L
Where: H = The difference in elevation along the ditch, in feet
L = The length of the ditch, in feet
So therefore...
If... H =
22
ft
L =
310
ft
Slope =
0.07
Solving for depth
-Ditch -Bottorn-Width _ _
2
ft
Ditch Side Slope
3
:1 ratio, H:V
Manning's "n"
0.03
Depth
0.1$ ft
Discharge
1.6 cfs
Area
0.44 ftZ
WP
3.11 ft
H. Radius
0.14 ft
Zfeq 0.12
Za„9 0.12
Velocity 3.55 fUs
If velocity of flow is greater than 2 ftls, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslft` (psf)
y = unit weight of water, 62.4 Iblft3 (pcf
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 0.18
s = 0.07
T = 0.77 psf

CI
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 27+50 to 43+00, Left
Discharge
Using the Kirpich Equation, where: F
r
tC=([L3IHt9.385)1128
tc = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So,.therefore,. if
L = 1550 feet
and H = 69 feet
then tI = 7.41 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 0.40 C, 0.3
i = Storm intensity (in/hr) AZ 0.53 C2 0.95
A = Drainage area in Acres A3 C3
C Factor = (C,A, + C2A2 + ...)IA
C Factor = 0.67
So for 10 yr 10 min Storm
C = 0.67
i = 7.7$ inlhr
A = 0.93 acres
Discharge for the watershed in question is....
Q = 4.9 cfs

0
0
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 27+50 to 43+30, Right
Discharge
Using the Kirpich Equation, where:
t.=([L3/H]0"8')1128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = 1 ayo feet
and H = 69 feet
then tc = 7.66 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 1.14 C, 0.3
i = Storm intensity (inlhr) Az 0.54 CZ 0.95
A = Drainage area in Acres A3 C3
C Factor = (C,A, + C2A2 + ... )IA
C Factor = 0.51
So for 10 yr 10 min Storm
C = 0.51
i = 1 7.78 inlhr
A = 1.68 acres
Discharge for the watershed in question is....
Q = 6.7 cfs

Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 27+50 to 43+00, Left
Ditch Design
Slope of Ditch = H/L
Where: H = The difference in elevation Mong the ditch, in feet
L = The length of the ditch, in feet
au urerewre...
If... H =
44
ft
L =
721
ft
Slope =
0.06
Solving for depth
Ditch,Bottom, Width
_ _ 4
ft
Ditch Side Slope
3
:1 ratio, HN
Manning's "n"
0.03
Depth
0.24 ft
Discharge
4.9 cfs
Area
1.15 ft'
W P
5.54 ft
H. Radius
0.21 ft
z feg 0.40
xa„ o 0.40
Velocity 4.22 ft/s
If velocity of flow is greater than 2 fUs, matting is required
Shear Stress: T=yds
Where T = Shear stress in poundslft2 (psf)
y = unit weight of water, 62.4 Iblft3 (pcf)
d = flow depth in ft
s = slope of ditch, ft/ft
Therefore, if: d = 024
s = 0.06
T T 0.93 psf

0
Sedimentation S Erosion Control Calculations
Discharge Calculations
Little River Quarry -Drainage Area 9
Lee County, NC
Project No.
Using the Kirpich Equation, where:
y
`,=([ L31H j0.385)1128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = 155u feet
and H = 62 feet
then tc = 7.72 minutes -
From Design Storm Source Data for the Area...
Q=CiA
HAUL ROAD
STA 7+0
Q,o = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 13.2 C, 0.3
i,o = Storm intensity (inlhr) A2 Cz
A = Drainage area in Acres A3 C3
C Factor = (C A, + C2A2 + ... )/A
C Factor = 0.30
So for i,o - 5 min
C=
i=
A=
0.30
7.78 inlhr
13.2 acres
Discharge for the watershed in question is....
Q = 30.81 cfs

0 0
Sedimentation & Erosion Control Calculations HAUL ROAD
Discharge Calculations STA 7+0
Little River Quarry -Drainage Area 9
Lee County, NC
Project No.
Using the Kirpich Equation, where: I
tc=([L3/H]a.385)/128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = i 550 feet
and H = 62 feet
then tc = 7.72 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 13.2 C, 0.3
i = Storm intensity (in/hr) Az Cz
A = Drainage area in Acres • A3 C3
C Factor = (C A, + C2A2 + ... )/A
C Factor = 0.30
So for Q100 - 5 min Storm
C = 0.30
i = I 9,61 in/hr
A = 13.2 acres
Discharge for the watershed in question is....
Q = 38.06 cfs

Liftle River Quarry -Drainage Area 9
Culvert Sizing
Using Manning's Equation..
Q = (1.491n) AR"S112
Where...
Q - the flow in cubic feet per second (ft31s) or cfs
n = the Manning's roughness coefficient, and n=0.013 is used per regulations
S = Slope (ft/ft)
R = Hydraulic radius (ft)
A = Cross sectional area of flow (ft2)
Use Appendix 16.A in Civil Engineering Reference Manual to find values for A and R
D=
2.5 Pipe Diameter, in feet
A =
4.91 ft2
R =
0.625 ft
S =
0,01 ft/ft
Q = 41 cfs
18464 gpm
For an inlet control situation only, with respect to the culvert orifice
D= 2.50 Pipe Diameter, in Feet
Cd= 0.60 Coefficient of discharge, dimensionless
A= 4.91 ft2 ,Crass -sectional area of flow at orifice entrance
g= 32.20 Acceleration of gravity (ft/s2)
h= 1.25 ft, Driving head (from the centroid of the orifice area to the water surface)
Q= 118.58 cfs, Discharge
To determine velocity
V = the velocity of the flow in feet per second (ftls) or fps
n = the Manning's roughness coefficient, and n=0.013 is used per regulations
S = Slope (ft/ft)
R = Hydraulic radius (ft)
So...
S = 0.01 ft/ft
_. R• 0.625 ft
V = 8.38 fps

0 0
Sedimentation & Erosion Control Calculations HAUL. ROAD
Discharge Calculations STA 1 3{0
Little River Quarry -Drainage Area 10
Lee County, NC
Project No.
Using the Kirpich Equation, where:
t,=([L3/H1""')/128
tc = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if _
L = v 2930 feet
and H = 74 feet
then tc = 15.04 minutes
From Design Storm Source Data for the Area...
Q=CIA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 48:6 C, 0.3
i = Storm intensity (in/hr) Az Cz
A = Drainage area in Acres A3 C3
C Factor = (C A, + CzAZ + ...)/A
C Factor = 0.30
So for 10 yr 15 min Storm
C = 0.30
i = 5.24 in/hr
A = 48.6 acres
Discharge for the watershed in question is....
Q = 76.40 cfs

E
Sedimentation & Erosion Control Calculations
Discharge Calculations
Little River Quarry -Drainage Area 10
Lee County, NC
Project No.
Using the Kirpich Equation, where:
IV
t.=([L3/Hjo.sas)l128
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if _
L = 2930 feet
and H = 74 feet
then t�- = 15.04 minutes
From Design Storm Source Data for the Area...
Q=OA
HAUL ROAD
STA 13+0
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 48,6 C, Q.3
i = Storm intensity (inlhr) AZ CZ
A = Drainage area in Acres A3 C3
C Factor = (CIA, + CA + ... )IA
C Factor = 0.30
So for 100 yr 15 min Storm
C = 0.30
i = 6.43 inlhr
A = 48.6 acres
Discharge for the watershed in question is....
Q = 93.75 cfs

Little River Quarry -Drainage Area 10
Culvert Sizing
Using Manning's Equation..
Q = (1.49/n) AR'J3S"Z
v V 11GI G... }
Q = the flow in cubic feet per second (ft3/s) or cfs
n = the Manning's roughness coefficient, and n=0.013 is used per regulations
S = Slope (ft/ft)
R = Hydraulic radius (ft)
A = Cross sectional area of flow (ft)
Use Appendix 16.A in Civil Engineering Reference Manual to find values for A and R
D=
3,5 Pipe Diameter, in feet
A =
9.6236 ftz
R =
0.875 ft
S =
0.01 ft/ft
Q = 101 cfs
45290 gpm
For an inlet control situation only, with respect to the culvert orifice
D= 3.50 Pipe Diameter, in Feet
Cd= 0.60 Coefficient of discharge, dimensionless
A= 9.62 ft2,Cross-sectional area of flow at orifice entrance
g= 32.20 Acceleration of gravity (ft/sz)
h= 1.75 ft, Driving head (from the centroid of the orifice area to the water surface)
Q= 325.37 cfs, Discharge
7o determine velocity
V = the velocity of the flow in feet per second (ftls) or fps
n = the Manning's roughness coefficient, and n=0.013 is used per regulations
S = Slope (ft/ft)
R = Hydraulic radius (ft)
So...
S = 0.01 ft/ft
R.--- ----0:875 ft
V = 10.49 fps

0
•
Sedimentation & Erosion Control Calculations
Little River Quarry
Haul Road, Post Development
Sta. 8+17 to 12+03, Right
Discharge for Culvert Sizing
Using the Kirpich Equation, where:
V([L3/H]'-"')/128
� = time of concentration (min.)
I_ = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
h = 720 feet
and H = 30j feet
then tc = 4.21 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) _ Compound C Factors
C = Runoff Coefficient A, 2.18 C, 0.3
i = Storm intensity (in/hr) A2 0.13 C2 0.95
A = Drainage area in Acres A3 C3
C Factor = (CIA, + CA + ... )/A
C Factor = 0.34
So for 25 yr 5 min Storm
C = 0.34
i = 8.57 in/hr
A = 2.31 acres
Discharge for the watershed in question is....
Q = 6.7 cfs

U
Culvert Sizing
Little River Quarry -Culvert at Sta. 13+00
Little River Quarry
Lee County, NC
Using Manning's Equation..
Q = (1.49/n) AR"S1/2
Where..,
Q = the flow in cubic feet per second (ft'Is) or cfs
n = the Manning's roughness coefficient, and n=0.013 is used per regulations
S = Slope (ft/ft)
R = Hydraulic radius (ft)
A W Cross sectional area of flow (ft2)
Use Appendix 16.A in Civil Engineering Reference Manual to find values for A and R
I]= t 1,9� I pima niameter in foot
SO...
A = 1,7676 ft2
R = 0.375 ft
S = d o oia fVft
Q = 11 cfs
4729 gpm
For an inlet control situation only, with respect to the culvert orifice
D= 1.50 Pipe Diameter, in Feet
CO= 0.60 Coefficient of discharge, dimensionless
A= 1.77 ft2 ,Cross -sectional area of flow at orifice entrance
g= 32,20 Acceleration of gravity (ft/s2)
h= 0. r5 ft, Driving head, measured from the centroid of the orifice area to the water surface
Q= 25.61 cfs, Discharge
To determine velocity
V = the velocity of the flow in feel per second (ft/s) or fps
n = the Manning's roughness coefficient, and n=0.013 is used per regulations
S = Slope (ft/ft)
R = Hydraulic radius (ft)
So.
S = 0.01 fuft
R = 0.375 ft
V = 5.96 fps

Sedimentation & Erosion Control Calculations HAUL ROAD
Discharge Calculations STA 22+0
Little River Quarry -Drainage Area 11
Lee County, NC
Project No.
Using the Kirpich Equation, where: 0
t,([L3/H]0.385)/128
t = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = 5450 feet
and H = 112 feet
then t. = 26.27 minutes
From Design Storm Source Data for the Area...
O=CiA
0 = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 2031 C, 0.3
i = Storm intensity (in/hr) AZ CZ
A = Drainage area in Acres A3 C3
C Factor = (C A, + C2A2 + ... )/A
C Factor = 0.30
So for Q100 30 MIN Storm
C = 0.30
i = 4.93 in/ter
A = 203.1 acres
Discharge for the watershed in question is....
�W Q = 300.38 cfs

Little River Quarry -Drainage Area 1
Culvert Sizing, Sta. 22+00
Using a Double -Barrel Culvert
Using Manning's Equation..
Q = (1.491n) AR213S12
Where...
Q = the flow in cubic feet per second (ft31s) or cfs
n = the Manning's roughness coefficient, ON n=0.013 is used per regulations
S = Slope (ft/ft)
R = Hydraulic radius (ft)
A = Cross sectional area of flow (ft)
Use Appendix 16.A in Civil Engineering Reference Manual to find values for A and R
For 25 year storm at Sta 22+00...
Q25= 260.17 cfs
1 /2 Q25= 130.09 cfs
D= Pipe Diameter, in feet
So...
A = 12.5696 ft2
R= 1ft
S = 0.01 Rift
Q = 144 cfs
Okay
For an inlet control situation only, with respect to the culvert orifice
D= 4.00 Pipe Diameter, in Feet
Ce= 0.60 Coefficient of discharge, dimensionless
A= 12.57 ft2 ,Cross -sectional area of flow at orifice entrance
g= 32.20 Acceleration of gravity (ftls2)
h= 2.00 ft, Driving head (from the centroid of the orifice area to the water surface)
Q= 485.69 cfs, Discharge
To determine velocity
V = the velocity of the flow in feet per second (ftls) or fps
n = the Manning's roughness coefficient, and n=0.013 is used per regulations
S = Slope (ft/ft)
R = Hydraulic radius (ft)
So...
S = 0.01 ft/ft
R= 1ft
V = 11.46 fps

0
Sedimentation & Erosion Control Calculations HAUL ROAD
Discharge Calculations STA 63+30
Little River Quarry -Drainage Area 13
Lee County, NC
Project No.
Using the Kirpich Equation, where:
t,=(rL3'H11.311)/128
t = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
So, therefore, if
L = 1350 feet
and H = 56 feet
then tc = 6.84 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 7.65 C, 0.3
i = Storm intensity (inlhr) Az CZ
A = Drainage area in Acres A3 C3
C Factor = (C,A, + C2A2 + ...)IA
C Factor = 0.30
So for Q10 5 min Storm
C = 0.30
i = 1 7.78 inlhr
A = 7.65 acres
Discharge for the watershed in question is....
Q = 17.86 cfs
Additional flow from Drainage Area #4 is 14.71 cfs
Total Flow = 32.57 cfs

Sedimentation & Erosion Control Calculations HAUL ROAD
Discharge Calculations STA 63+30
Little River Quarry -Drainage Area 13
Lee County, NC
Project No.
Using the Kirpich Equation, where:
t,=({L31H]0.385
t, = time of concentration (min.)
L = Hydraulic length of the water shed (ft)
H = Elevation difference along the hydraulic length (ft)
Sol therefore, if
L = 1350 feet
and H = 56 feet
then tc = 6.84 minutes
From Design Storm Source Data for the Area...
Q=CiA
Q = Discharge (cfs) Areas (acres) Compound C Factors
C = Runoff Coefficient A, 7.fi5 C, 0.3
i = Storm intensity (inlhr) A2 C2
A = Drainage area in Acres A3 C3
C Factor = (CIA, + C2A2 + ... )/A
C Factor = 0.30
So for Q100 5 min Storm
C = 0.30
i = 9.611 inlhr
A = 7.65 acres
Discharge for the watershed in question is....
Q = 22.05 cfs
A J-1: brial rlo... r��.Y n--*.- ..... n..... iiA - A d '74 c4rs
r%UUIliV11Q1 11VYY IIVIII UP All IGtIJG PL VO tP`t IJ 1`t.! I I..IA
Total Flow = 36.76 cfs

•
Little River Quarry -Drainage Area 13
Culvert Sizing
i
Using Manning's Equation..
Q = (1.491n) AR213Svz
Where...
1'
Q = the flow in cubic feet per second (ft31s) or cfs
n = the Manning's roughness coefficient, and n=0.013 is used per regulations
S = Slope (ft/ft)
R = Hydraulic radius (ft)
A = Cross sectional area of flow (ft)
i
Use Appendix 16.A in Civil Engineering Reference Manual to find values for A and R
D=
2.5 Pipe Diameter, in feet
A =
4.91 ft2
R :
0.625 ft
S =
0.01 ft/ft
Q = 41 cfs
18464 gpm
For an inlet control situation only, with respect to the culvert orifice
D= 2.50 Pipe Diameter, in Feet
Cd= 0.60 Coefficient of discharge, dimensionless
A= 4.91 ft2 ,Cross -sectional area of flow at orifice entrance
g= 32.20 Acceleration of gravity (ft/s2)
h= 1.25 ft, Driving head (from the centroid of the orifice area to the water surface)
Q= 118.58 cfs, Discharge
To determine velocity
V = the velocity of the flow in feet per second (fits) or fps
n = the Manning's roughness coefficient, and n=0.013 is used per regulations
S = Slope (ft/ft)
R = Hydraulic radius (ft)
So...
S = 0.01 ft/ft
O625 ft
V = 8.38 fps

i
Culvert Sizing
Little River Quarry -Culvert at Emergency Entrance
Little River Quarry
Lee County, NC
Using Manning's Equation_
Q = (1.49/n) AR21IS112
Where...
Q = the flow in cubic feet per second (ft3/s) or cfs
n = the Manning's roughness coefficient, and n=0.013 is used per regulations
S = Slope (ft/ft)
R = Hydraulic radius (ft)
A = r sns, cartinnnI nron of flnw 1ft21
Use Appendix 16.A in Civil Engineering Reference Manual to find values for A and R
D= 1 Pipe Diameter, in feet
So,..
A = 1.2275 ft2
R = 0.3125 ft
S = 0'41 ft/ft
Q = 6 cfs
2908 gpm
For an inlet control situation only, with respect to the culvert orifice
D= 1.25 Pipe Diameter, in Feet
Cd= 0.60 Coefficient of discharge, dimensionless .
A= 1.23 ft2,Cross-sectional area of flow at orifice entrance
g= 32.20 Acceleration of gravity (ft/s2)
h= ;07.5 ft, Driving head, measured from the centroid of the orifice area to the water surface
Q= 17.79 cfs, Discharge
To determine velocity
V = the velocity of the flow in feet per second (ft/s) or fps
n = the Manning's roughness coefficient, and n=0.013 is used per regulations
S = Slope (ft/ft)
R = Hydraulic radius (ft)
So...
S = 0.01 ft/ft
R = 0.3125 ft
V = 5.28 fps