20091018 Ver 1_More Info Received_20101019

C)q-(o1g

Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (office) • 910.452.2899 (fax)
Date: 18 October 2010
To: Mr. Ian McMillan
Of: DWQ 401 Oversight
Attached you will find:*
? Proposal ? Sketch(es)
? JD Packages ? Report(s)
iSEGi Project #: 07-111.01
Client Name: HanPen Land Co. & Buyers,
Brokers and Consultants, Inc.
Transmittal Letter
OCT 1 9 2010
DENR - WAM QUAUTY
WETLANDS ANO STOR,1il,1PrAXR BRANCH
Nx PCN
? Plans
? Wetland Map ? Photo(s)
? Information Request ? Other
Copies Dated Description
4 10/18/10 PCN and Accompanying Attachments for Sandstone Mine
*If noted items are NOT attached, please contact our office.
These are being delivered:
?X For your Review/Comment ? For your Records ? Returned for Correction(s)
? Corrected and Returned ? For your Signature ? As Requested
? Other:
By: ? Hand Delivery ? Fed-Ex XN UPS ? Regular Mail ? Other
Notes:
Hello, Ian. 1 copy of the packet has been hand delivered to Joanne Steenhuis at the Wilmington District-
Office.
Signature and (Typed) Name: D a A. Lutheran
1
Date: 1 8/10
Southern Environmental Group, Inc.
5 31 5 South College Road, juite F - Wilmington, North Carolina 28412
910.+5Z.2711 • Fax: 910.+52.2899 • [e-mail]
www.segi.us
18 October 2010
Hand Delivery [SLGi Project #: 07-111.01]
Mr. Ronnie Smith
US Army Corps of Engineers - Wilmington Regional Office
69 Darlington Avenue
Wilmington, North Carolina 28403
Ms. Joann Steenhuis
NC DWQ 401 Unit - Wilmington District Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Request for USACE and NC DWQ Authorization (NWP 14 / GC#3820)
Proposed Road Crossing - Sandstone Mine
USACE AID#: 2009-01806 DWQ #: 091018
Dear Mr. Smith and Ms. Steenhuis:
Southern Environmental Group, Inc. (SEGi) is working on behalf of HanPen Land Company, LLC, and
Buyers, Brokers and Consultants, Inc., ("Applicants"), to pursue approval from the US Army Corps of
Engineers and the NC Division of Water Quality (DWQ), to utilize the Nationwide Permit (NWP) 14,
and associated General Certification #3820, in order to permanently discharge fill material into waters of
the US. The permit is sought for the purpose of constructing a haul road and bridge within the existing
Sandstone Mine.
There are two tracts of land associated with the permit; A) the Sand Stone Tract and B) the Huggins
Tract. The combined acreage of the two tracts is approximately 1,012 acres. The Applicant's anticipate
only 0.17 acre of permanent impact and 0.09 acre of temporary impact to take place with the construction
of the haul road. Unfortunately, the proposed impacts could not be avoided altogether, as the run of Old
House Branch splits the two tracts, from west to east. From the onset of this project, the Applicant has
taken into consideration the impacts the development might have on the natural resources and has
worked with the engineer to minimize those impacts as much as possible. For example, the Applicant has
agreed to incorporate a 60' long x 14' wide bridge, with associated retaining walls, to avoid impacting the
stream and reduce wetland impacts. Additionally, the Applicant intends to utilize the existing 15' wide
soil road, which will eliminate the need to impact any other wetland systems located within the two
tracts. And lastly, sedimentation and erosion control measures will be implemented, which if installed
correctly, will assist in reducing the potential for sediment to enter North Carolina water bodies.
The purpose and need for the haul road to connect to Island Creek Road is based on market needs.
Currently, the entrance to the mine is located off Sidbury Road, along the New Hanover County-Pender
SF-61
County line and the bulk of the material is trucked to Camp Lejeune. However, the Applicant has had
several requests for deliveries north of the mine site. Unfortunately, to service this market, the Applicant
is forced to send trucks east on Sidbury (SR1572), to US Hwy 17, and then north to Hampstead, where
they pick up Hwy 210 West (Refer to Attachment 9). This is necessary due to the fact the bridge on
Holly Shelter Road (SR 1002), which crosses Old House Branch, has been determined, by the NCDOT, to
be structurally deficient (Refer to Attachment 12). If the Applicant were granted the requested road
crossing, which is proposed to intersect Holly Shelter Road east of the bridge, the mined rock could be
taken from the pit, across the the run of Old House Branch (as requested within this application), then on
to Island Creek Road, which provides a much shorter route than what is available today. This requested
crossing would not only reduce the amount of fossil fuel being emitted into the air by reducing the truck
driver's distance traveled, but would also provide a reduction in cost and time associated with the
movement of materials to and from the mine, which in effect will result in a reduction in construction
costs for developers and private land owners and will enable the mine operator to be competitive in the
local market.
Based on the level of avoidance and minimization the Applicant has demonstrated, mitigation is being
offered at a 1.44:1, mitigation-to-impact ratio, which the Applicant proposes to cant' out by making
payment to the NC Ecosystem Enhancement In-lieu Fee Program, as there are no private mitigation banks
within the river basin's 8-digit HUC. Also, the Applicant intends to remove the existing haul road and
makeshift bridge, which will restore O.xxx acre of riparian wetland.
In summary, the Applicant is seeking DA and DWQ authorizations, in the form of a NWP 14 and GC
#3820, to permanently impact 0.17 acre of riparian wetlands. The fill is necessary to facilitate the
construction of a haul road and bridge across a run of Old House Branch. SEGi feels the project, as
proposed, meets the general and regional conditions of the Department of the Army NWP 14 and the
DWQ GC 3820. However, should you have questions, concerns or need additional information, please
feel free to contact our office at 910.452.2711. As always, thank you for your time and assistance with
this project, and we look forward to hearing from you.
Sincerely,
Dana A. Lutheran
Project Manger
cc: Mr. Ian McMillan - NC DWQ 401 Wetlands Unit Oversight (4)
HanPen Land Company, LLC - Client
Buyers, Brokers and Consultants, Inc. - Client
Enclosure: Pre-Construction Notification and Accompanying Attachments
ug- t b l2
0? W A TF9
oti? I r?%
Office Use Only:
Corps action ID no.
DWO project no.
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps: ® Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ?Yes ® No
1 d. Type(s) of approval sought from the DWO (check all that apply):
© 401 Water Quality Certification - Regular ?'Non-404 Jurisdictional General Permit
?401 Water Quality Certification -Express ?Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWO
401 Certification:
?Yes N No For the record only for Corps Permit:

? Yes ® No
If. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in-lieu fee program.
© Yes ? No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
®Yes ? (No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ?Yes ® (No
2. Project Information
2a. Name of project: Sandstone Mine - Road Crossing (Refer to Attachment 2 - Project Boundary Aerial)
2b. County: Pender (#71)
2c. Nearest municipality / town: Porter's Neck / Hampstead
2d. Subdivision name: Not applicable
2e. NCDOT only, T.I.P. or state project no: Not applicable
3. Owner Information DENR • WATER WAUTy
MIX AND it R
3a. Name(s) on Recorded Deed: HanPen Land Company, LLC (HanPen) & Buyers, Brokers an ons
(BB&C) (Refer to Attachment 3)
3b. Deed Book and Page No. 3534/311 & 3566/139 (Refer to Attachment 3)
3c. Responsible Party (for LLC if
applicable): Richard L. Burrows (HanPen) & Jim F. Teachey (BB&C) (Refer to Attachment 4)
3d. Street address: 1430 Commonwealth Drive Suite 102
3e. City, state, zip: Wilmington, NC 28403
3f. Telephone no.: 910.520.4992
3g. Fax no.: Not applicable
3h. Email address: [e-mail]
4. Applicant Information (if different from owner) - some as above.
4a. Applicant is: ? (Agent ? (Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Dana A. Lutheran (Refer to Attachment 15)
5b. Business name
(if applicable): thern Environmental Group, Inc. (SEGi)
5c. Street address: South College Road Suite E
315
5d. City, state, zip: [
mington, NC 28412
5e. Telephone no.: .452.2711
5f. Fax no.: .452.2899
5g. Email address: theran .se ims
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 3262-214435-0000 (Tract 1) &
3262-25-8994-0000 (Tract 2) (Refer to Attachment 3)
1 b. Site coordinates (in decimal degrees): Latitude: 343501°N Longitude: 77.7973°W (Refer to Attachment 2)
1c. Property size: Approximately 1012.54 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Old House Branch/Island Creek (Refer to Attachment 5)
2b. Water Quality Classification of nearest receiving water: C; Sw (Refer to Attachment 6)
2c. River basin: Cape Fear
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The two parcels of reference in this application are a small portion of a larger-scale sand mining operation. The sand mine
has been permitted through the Division of Land Resources, under Mining Permit #: 71-15 (Refer to Attachment 7). The
responsible party for the mine is HanPen Land Company, LLC. The permitted and affected acreage of the mine is 2436
acres. The mine entrance is located off Sidbury Road, adjacent to the New Hanover-Pender County line. Portions of the
overall site have been cleared and are currently being excavated for mining purposes, however, other areas of the mine
remain vegetated. There are two pits, wholly contained on Tract 1, which have been excavated for the purpose of mining
activities. Pit 1 totals 2.18 acres in size, and Pit 2 totals 15.38 acres in size. Ninety-foot wide haul roads, associated with the
mine, are present on Tract 1 (Refer to Attachment 2).
Tract 2, located adjacent to, and accessible from, Island Creek Road, is separated from Tract 1 by a run of Old House
Branch. Tract 2 has it couple soil roads present throughout the tract (Refer to Attachment 4). Hogan's Trail, a 15-foot wide
soil road, extends off of Island Creek Drive, and is visible on most aerial photographs (Refer to Attachment 2). However,
Hogan's Trail extends in the opposite direction of Tract 1, Furthermore, the width of Hogan's Trail, it's location, and it's
orientation, prohibit this road from being used as a haul road for the mine. Finally, a 170-foot wide CP&L powerline
easement traverses the center of Tract 2, with another 70' wide CP&L easement found along the eastern property boundary
(Refer to Attachment 2).
Tract 1 is zoned "RA" (Rural Agricultural) by Pender County (Refer to Attachment 8). The RA zoning designation is
described as properties whose principal land use is for agricultural, forestry, limited extraction or very low density dispersed
large lot single family residential and low intensity non-residential uses, and encourages rural farming and related activities,
and the open spaces these activities provide. Tract 2 is zoned "PD" (Planned Development District) by Pender County (Refer
to Attachment 8). According to Pender County's zoning ordinance, the regulations of the PD District are to permit
residential developments which are compatible with the rural character of the area. The majority of the land surrounding
the subject parcels is zoned as either RA or PD. Further northeast, the land is zoned R-20.
3b. List the total estimated acreage of all existing wetlands on the property: Undetermined
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Undetermined
3d. Explain the purpose of the proposed project:
he purpose of this project is to construct a road crossing over Old House Branch (also known as Island Creek), which will provide
he mine operator with a connector road between Sidbury Road and Island Creek Road.
Currently, the entrance to the mine is located off Sidbury Road, along the New Hanover County-Pender County line. The
Applicant has had requests for deliveries northwest of the mine site, but to service this market, the Applicant is forced to send
rucks east on Sidbury (SR1572), to US Hwy 17, and then north to Hampstead, where they pick up Hwy 210 west (Refer to
Attachment 9). This is necessary due to the fact the bridge on Holly Shelter Road (SR1002), which crosses Old House Branch,
as been determined by the NCDOT to be structurally deficient and is not strong enough to support the weight of trucks filled
with the mined materials (Refer to Attachment 12). If the Applicant were granted the requested road crossing, which is
roposed to intersect Holly Shelter Road east of the bridge, the mined rock could be taken from the pit, across the the run of
Id House Branch (as requested within this application), then on to Island Creek Road, which provides a much shorter route
than what is available today. This requested crossing would not only reduce the amount of fossil fuel being emitted into the air
by reducing the truck driver's distance traveled (approximately 7 miles), but would also provide a reduction in cost and time
associated with the movement of materials to and from the mine, which in effect will result in a reduction in construction costs
or developers and private land owners.
3e. Describe the overall project in detail, including the type of equipment to be used:
Prior to construction commencing, sedimentation and erosion control structures will be erected. The project area will then
be cleared of vegetation. Large machinery, such as backhoes, dump trucks, and graders, will be used to construct the
proposed crossing. In total, 0.17 acre of riparian wetlands will be permanently impacted, while 0.09 acre will be temporarily
impacted. The areas temporarily impacted will be reverted back to their original grade and contour and allowed to re-
vegetate naturally.
Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the ® (Yes ? (No ? (Unknown
Corps or State been requested or obtained for this property Comments:
project (including all riot phases) in the past?
4b. If the Corps made the jurisdictional determination, what type ? (Preliminary © (Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Mr. Michael Scibetta SEGi
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
At this time, SEGi has not received a tear sheet or signed wetlands boundary survey for the Huggins Tract. A wetland
boundary survey for the Sandstone Tract has been included with this application (refer to Attachment 10).
5. Project History
5a. Have permits or certifications been requested or obtained for ?x (Yes ? (No ? (Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A mining permit has been obtained, Permit #71-15, issued 7 September 1999 (Refer to Attachment 7).
A NPDES permit was issued, General Permit # NCG020000, with a Certificate of Coverage # N00020524, dated 21 May
2009 (Refer to Attachment 11).
6. Future Project Plans
6a. Is this a phased project? ? (Yes ©(No
6b. If yes, explain. There is the potential for the Huggins Tract to be subdivided in the future. With that said, additional
wetland impacts may be necessary. Should that be the case, the impacts will be treated cumulatively with the impacts be
requested within this PCN.
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
© (Wetlands ? (Streams - tributaries ? (Buffers ? (Open Waters ? (Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f. Area
Wetland impact Type of impact Type of wetland Forested Type of jurisdiction of
number Corps (404,10) or impact
Permanent (P) or DWQ (401, other) (acres)
Temporary T
Impact Area 1 (P) Fill Riparian Yes 404 0.14
Impact Area 1(T) Disturbance Riparian Yes 404 0.07
Impact Area 2 (P) Fill Riparian Yes 404 0.03
Impact Area 2 (T) Disturbance Riparian Yes 404 0.02
2g. Total Permanent Wetland Impacts: 0.17
2h. Comments: (Refer to Attachment 1)
Those areas shown as temporary impacts are being provided to act as a construction buffer. Should the impacts become
necessary, upon completion, these areas will be returned to their original grade and seeded with a native wetland seed mix /
and allowed to re-vegetate naturally.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact
number intermittent (INT)? jurisdiction stream length
Permanent (P) or width (linear
Temporary (T) (feet) feet)
NA NA NA NA NA NA NA
3h. Total stream and tributary impacts NA
3i. Comments:
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number (if applicable Type of Impact Waterbody Area of impact (acres)
Permanent (P) or type
Temporary
01 NA NA NA NA
4f. Total open water impacts NA
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland
purpose of pond (acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 NA NA NA NA NA NA NA NA
5f. Total: NA NA NA NA NA NA NA
5g. Comments:
5h. Is a dam high hazard permit required? ? (Yes ?x (No If yes, permit ID no: NA
5i. Expected pond surface area (acres): NA
5j. Size of pond watershed (acres): NA
5k. Method of construction: NA
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin? Neuse Tar-Pamlico Catawba Randleman Other:
6b. 6c. 6d. 6e. 6f. 6g.
Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2
number - mitigation impact impact
Permanent (P) or required? (square (square
Temporary T feet feet
61 NA NA NA NA NA
6h. Total Buffer Impacts: NA NA
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the orientation, length and location of the feature, avoidance to wetlands is not possible. With that in mind, the
Applicant has taken extreme care to minimize the impact as much as possible. For example, while all of the haul roads on
Tract 1 are 90 feet wide, the width of the proposed haul road through wetlands has been reduced to 14 feet across and the
Applicant has proposed a 60 foot long by 14 foot wide bridge, which will avoid all impacts to Old House Branch. To reduce
impacts even further, the Applicant has incorporated retaining walls at the approaches to the bridge. This will remove the
need for 3:1 slopes required by Pender County Planning. In total, incorporating the bridge and retaining walls will reduce
the previously proposed impacts by approximately 0.22 acre. Lastly, the Applicant and SEGi believe that creating a more
direct route to Holly Shelter Road will reduce the distance haul trucks have to travel (approximately 7 miles), which in
turn will reduce the amount of carbon dioxide being emitted into the air.
2b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Strict sediment and erosion control and stormwater measures will be in place prior to beginning work associated with the
feature. This will ensure that the adjacent unnamed tributary will be protected from sediment and pollutant filled
stormwater runoff from the site and off the adjacent highway.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
The Applicant Is proposing to restore 0.03 acre (1316 SF) of riparian wetlands, by removing the old haul road and
makeshift bridge and restoring the wetlands back to their original grade and contour. It is anticipated that the vegetation
will return naturally. Additionally, the Applicant is requesting the USACE and DWQ consider the cost of constructing the
bridge and retaining walls (appoximately $65,000 +, see Attachment 19) in order to minimize impacts. With that said, the
Applicant Is proposing to offset the permanent impact of 0.09 acre of riparian wetlands by making payment to the NC EEP
for % acre of riparian wetland credit.
2a. Does the project require Compensatory Mitigation for 0 eyes ? (No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): © (DWQ ® (Corps
? (Mitigation bank
2c. If yes, which mitigation option will be used for this x? (Payment to in-lieu fee program
project?
?x (Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: NA
3b. Credits Purchased (attach receipt and letter) Type: Quantity:
3c. Comments:
4. Complete if Makin a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. Yes
4b. Stream mitigation requested: No
4c. If using stream mitigation, stream temperature: NA
4d. Buffer mitigation requested (DWQ only): NA
4e. Riparian wetland mitigation requested: 0.18 acre
4f. Non-riparian wetland mitigation requested: NA
4g. Coastal (tidal) wetland mitigation requested: NA
4h. Comments: In total, 0.18 acre of riparian wetland impact (Temp and Perm) is required to be offset with compensato
mitigation. Since the NCEEP only issues credits in'/, acre increments, the Applicant is providing compensatory mitigation fo
the permanent and temporary impacts at a mitigation-to-impact ratio of 1.4:1.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
The Applicant intends to remove 0.08 acre of fill that serves as the existing access across Old House Branch. The area will
be restored to its original grade and contour by removing the old fill material (see Attachment 18). Once the rill is removed,
it is anticipated that hydrophytic vegetation will return naturally. While performing the restoration work, all spoil will be
stored on high ground; work will be performed in the dry; and silt fence will be utilized during the activity.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? (Yes ?x (No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for Impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 NA NA 3 (2 for Catawba) NA
Zone 2 NA NA 1.5 NA
6f. Total buffer mitigation required: NA
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
NA
6h. Comments:
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? ? (Yes R (No
1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? (Yes R (No
2. Stormwater Management Plan
2a. What is the overall percent of impervious area of this project? Less than 1 %
2b. Does this project require a Stormwater Management Plan? ? (Yes R (No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
The project, as proposed, does not exceed the Phase II Stormwater impervious surface area threshold, of 30%.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Not applicable.
2e. Who will be responsible for the review of the Stormwater Management Plan? NA
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Pender County

3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply): R (Phase II
? (NSW USMP
? Water Supply Watershed
? (Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? (Yes N (No
attached?
4. DWQ Stormwater Program Review
? (Coastal counties
? (HQW
4a. Which of the following state-implemented stormwater management programs apply ? (ORW
(check all that apply): N (Session Law 2006-246
? (Other:
4b. Has the approved Stormwater Management Plan with proof of approval been ? (Yes ? (No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? (Yes ? (No
5b. Have all of the 401 Unit submittal requirements been met? N (Yes ? (No
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/statellocal) funds or the ? (Yes N (No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? (Yes N (No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? (Yes N (No
letter.) Comments: NA
2. Violations (DWQ Requirement)
2a. Is the site In violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Weiland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? (Yes N (No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? (Yes N (No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
Not applicable.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? (Yes © (No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The construction of this road crossing would not result in development outside of the proposed project area, as the purpose
of this project is to provide a connector road for an existing mine. However, as discussed previously, should the Applicant
decide to subdivide the Huggins Tract in the future, all necessary permits will be obtained prior to any land disturbing
activities taking place. Furthermore, sedimentation and erosion control measures will be implemented, which if installed
correctly, will assist in reducing the potential for pollutants to enter North Carolina's waterbodies. Future impacts are not
anticipated.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Not applicable, as project does not require sewage treatment.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat? ? (Yes x? (No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ? (Yes © (No
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
httip:/Lw--ww.fws.eovlnc-es/es/counlyfr.htmI (Refer to Attachment 13) According to our wetland biologist, David Scibetta, the
area, within the project limits, does not provide habitat that will support the species listed.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? (Yes © (No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NC Division of Marine Fisheries PNA Maps (see Attachment 16) and physical evaluation.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments
have designated as having historic or cultural preservation status (e.g., National ? (Yes ® (No
Historic Trust designation or properties significant in North Carolina history and
archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
A site evaluation was performed to ensure that no existing structures are present within the project boundaries.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur In a FEMA-designated 100-year floodplain? ® (Yes ? (No
8b. If yes, explain how project meets FEMA requirements:
A floodway certificate will be obtained prior to construction within any area determined to be within the floodway.
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Mapping (see Attachment 14)
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5315 South College Road, Suite E
Wilmington, NC 28412
Phone [phone]
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www.delorme.com

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Sandstone Mine Project Area Map
Pender County, North Carolina
Drawing not to Scale
07-111.01 9/1/2009
Scale 1 - 7,200
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08 OCT 13 PH 12: 04
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1101111111111 1,111110
2008040287
JT1tCl H. SWjCEGO')D F. RE6ISTRRTION REGISTER OF DEEDS
REGISTER Of DEEDS R VLR P. toWu?TrTV,
NEU wwovE NC
PIN # ?a(oa -a f-9 x?" DEr; couxrr, xt 2008 OCT 18 63:29:22 PM
? 81(:5352 9:1054-1057 FU320.00
-?-- [NSTR(R Ili 10047
,{,D tM 5 t„,?,
GENERAL WARRANTY DEED
THE ATTORNEY PREPARING TT HS INSTRUMENT IIAS MADE NO RECORD SEARCH OR
TITLE EXAMINATION AS TO THE PROPERTY HEREIN DESCRIBED, UNLESS THE SAME
IS SHOWN BY HIS WRITTEN AND SIGNED CERTIFICATE.
Mail after recording to, .j T i nstr
211 N. Fifth Avenue ument was prepared by:
HanPen Land Jackson, Mills & Carter, P.A.
211 N. 5710 Oleander Drive, Suite 112
Wilmington, NC 28401 Wilmington, NC 28403
Brief description for the Index: 66.75 acres
Parcel No: Fender Co. 3262-219756-00001 New Hanover R01300-001-003-000
STATE OF NORTH CAROLINA
COUNTIES OF PENDER AND NEW HANOVER
RETURN 10 JA=N "US CARTER
THIS DEED made this 27 48y of,-()n'L. .2008 by and between BUYERS BROKERS
AND CONSULTANTS, INC., hereafter GRANTOR, and HANPEN LAND CO., LLC, a North
Carolina Limited Liability Company, hereafter GRANTEE(S). The designation Grantor and
Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall
include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETN:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee(s)
in fee simple, all that certain lot or parcel of land situated in Pender andNew Hanover County, North
Carolina and more particularly described as follows:
BEING ALL THE PROPERTY DESCRIBED ON EXHIBIT "A" HERETO
ATTACHED AND MADE A PART HEREOF BY REFERENCE.
The property hcreinabove described was acquired by Grantor by instrument recorded in the Pender
and New Hanover County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee(s) in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has
the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all
persons whomsoever except:
Recor c nd Verified
Joyrr vicetood
ReFiste [:ecds
Venda C my. NC

L -){' z
FILED
2009 JA11 16 PH 1: 55
-;E 0-'`iEI
PPR??EGItiiippO?'?r??DEEDS
PIN 0 :Z S NUgdC-?z{ T-UCb
DrYv-. t 1 t to 1 o?i INi' 4 (c;._?
Parcel No: 3262-45-2405-0000
STATE OF NORTH CAROLINA
COUNTY OF PENDER
QUITCLAIM DEED
BK3566PG 139
*V/,.. lilRN TO JACKSON MILLS CARTER
THIS QUITCLAIM DEED made and entered into this _Le day of .?Awltlflv4
2009, by and between JACK G. STOCKS, of the County of New Hanover and State of North
Carolina (hereinafter "GRANTOR") and BUYERS BROKERS AND CONSULTANTS, INC. A
North Carolina corporation ofNew Hanover County, North Carolina with a mailing address of 1430
Commonwealth Drive, Wilmington, NC 28403 (hereinafter "GRANTEE'l;
WITNESSETH:
THAT SAID, GRANTOR for and in consideration of the sum of ONE DOLLAR ($1.00),
and other valuable consideration, the receipt of which is hereby acknowledged, has rcmised and
released and by these presents does remise, release, and forever quitclaim unto GRANTEE, its
successors and assigns, a one-half undivided interest in any and all claims or rights to all minerals
that GRANTOR has or may have on that certain tract orparcel of land lying and being in the County
of Pender, State of North Carolina, and more particularly described as follows:
BEING ALL THE PROPERTY DESCRIBED ON EXHIBIT "A" HERETO
ATTACHED AND MADE A PART HEREOF BY REFERENCE.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges thereunto
belonging to GRANTEE, his heirs and/or successors and assigns free and discharged of all right,
title, claim or interest of GRANTOR or anyone claiming by or through GRANTOR.
3

,,"I
CORPORATIONS
Click here to:
North Carolina
Elaine F. Marshall DEPARTMENT o1= THE
Secretary SECRETARY of STATE
PO Box 29622 Raleigh, NC 27626-0622 19191807-2000
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14
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CORPORATIONS
,S 7-ciRL
North Carolina
Elaine F. Marshall DEPARTM ENT OF THE
Secretary S EC R ETARY OF STATE
PO Bo: 29622 Raleigh. NC 27626-0622 19191607-2000
Corporations Home
Search By Corporate Name
Search For New & Dissolved
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Start An Order
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Business Corporation Information
SOSID:
Status:
Date Formed:
Citizenship:
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Duration:
Registered Agent
Agent Name:
Registered
Office Address:
Registered
Mailing Address:
Principal Office
Address:
Principal Mailing
Address:
Stock
0127946
Current-Active
6/15/1984
Domestic
NC
Perpetual
Teachey, Jim F.
1430 Commonwealth
Drive
Wilmington NC 28403
1430 Commonwealth
Drive
Wilmington NC 28403
1430 Commonwealth
Drive
Wilmington NC 28403
1430 Commonwealth
Drive
Wilmington NC 28403
Class Shares No Par Value Par Value
COMMON 1000
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84 7)SOD°K;lDME7f?5 1 0 2 3
WLES
D I 7

CAPE FEAR RIVER BASIN
Name of Stream Subbasin Stream Index Number Map Number Class
Hybarts Branch CPF15 18-27-5-1-1 G23SW5 C
Indian Branch CPF13 18-20-26-1 F23NE7 WS-IV
Indian Creek CPFO5 16-41-1-18-(1) D23SW5 WS-IV;NSW
Indian Creek CPFOS 16-41-1-18-(2) D23SW4 WS-IV;NSW,CA
Indian Creek CPF10 17-35 E21SE4 WS-IV
Indian Creek CPF16 18-46-4 I24NE2 C
Indian Creek CPF17 18-70 J26SE4 C;Sw
Indian Creek (Jessups Pond) CPF16 18-42-1 H24SW1 C
Ingle Branch CPF03 16-19-5-2 C20SE6 C;NSW
Intracoastal Waterway CPF24 18-87 J29HW2 SA;ORW
Intracoastal Waterway CPF24 18-87-(5.5) J28NE3 SA;HQW
Intracoastal Waterway CPF24 18-87-(11.5) J28SW2 SA;ORW
Intracoastal Waterway CPF24 18-87-(23.5) K27NE2 SA;HQW
Intracoastal Waterway CPF24 18-87-(25.5) K27NE5 SA;ORW
Intracoastal Waterway CPF24 18-87-(30.5) K27SW3 SA;HQW
Intracoastal Waterway CPF17 18-86-9 L26NE4 SA;HQW
Intracoastal Waterway CPF17 18-88-9-(3.5) L26NE9 SC
Island Creek CPF22 18-74-27 H27SW4 C;Sw
Island Creek CPF23 18-74-50 J27SE5 C•Sw
Jack Branch CPFOS 16-41-6-1-(1) D23SW9 C;NSW
Jack Branch CPFOS 16-41-6-1-(2) D23SW9 WS-IV;NSW
Jackeys Creek CPF17 18-77-3 K26NE6 C;Sw
Jacks Ford Branch CPF15 18-31-24-5-2 G23SW1 C
James Creek CPF14 18-23-13 G21NE5 WS-III
Jennie Creek CPF15 18-31-2 G21NE7 C
Jenny Branch CPF08 17-8-2 D29NE1 WS-IV:-
Jim Branch CPF07 18-7-4 E23Sw3 C
Joss Fork CPF14 18-23-3-1 G21NW1 WS-III
John Creek CPF24 18-87-30 K27SE1 SA;ORW
Johns Branch CPF17 18-64-6 J25SES C;Sw
Johns Swamp Branch CPF20 18-68-17-6 I25SE1 C;Sw
Johnson Branch CPF04 16-31-1 D21SE4 C;NSW
Johnson Branch CPF13 18-20-25-1 F23NW9 C
Johnson Creek CPF12 17-43-6-1 D21SW5 WS-III
Johnson Mill Race CPF19 18-68-1-17-13 H25SW2 C;Sw
Jolly Branch CPF06 16-41-1-15-1-2 D22NE5 C;NSW
Jones Branch CPF05 16-41-4-1-1 D22SE5 WS-IV;NSW
Jones Branch CPF21 18-74-8-2 G27NE4 C;Sw
Jones Creek CPF02 16-14-5-1 C21NW1 WS-II;HQW
NSW
Jones Creek ,
CPFO6 16-41-1-15-1-1 D22NE1 C;NSW
Jones Creek CPF13 18-20-12 F23SW1 C
Jones Creek (Lake Ann) CPF20 18-68-16-1 I26SW4 C;Sw
Jones Lake CPF26 18-46-7-1 I24NE4 B
Jones Swamp CPF18 18-68-12-4 G24SW3 C;Sw
Jordan Creek

Jordan Creek CPF02 16-14-6-(0.5) C21NE1 WS-II;HQW,NSW

Jorden Branch CPF02 16-14-6-(3) C21NW6 WS-II;HQW,NSW,CA
CPF02 16-11-14-1-4 C20SW1 C;NSW
Jump and Run
CPF22 18-74-22.5 H27NE7 C;Sw
Jump and Run Creek CPF17 18-88-9-3-2 L26NE5
SC;Sw
Jump-and-Run Branch CPF19 18-68-2-12-1 H25NE6 C;Sw
Jumping Run
CPF18 18-66-12-2-4-1-1 G24NE2
C;Sw
Jumping Run
CPF21 18-74-10 G27NE7
C;Sw
Jumping Run
CPF23 18-74-38 127SE5
C;Sw
Page 13 of 31 2009-09-12 07:22:29
James D. Simons, PG, PE
Director and State Geologist
Mr. Jim Teachey
HanPen Land Company, LLC
211 N. 5th Street
Wilmington, North Carolina 28402
RE: Mining Permit No. 71-15
HanPen Mine
Pender County
Cape Fear River Basin
Dear Mr. Teachey:
April 20, 2009
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
Your request to have the above referenced mining permit, issued to Sandstone Mining,
LLC, transferred in its entirety to your company has been approved. As we have received the
required surety in an amount sufficient to cover the present operation, I am enclosing the
transferred mining permit. The permit number, expiration date and mine name shall remain
the same as before the transfer. Please note that this permit expires on September 7, 2009.
If you wish to renew the permit, you must submit a renewal application prior to September 7,
2009.
Please review the permit carefully and notify this office of any objections or questions
you may have concerning the terms of the permit. It is your responsibility to fully understand
and comply with the conditions of your mining permit. I would like to draw your particular
attention to the following conditions where minor additions or changes were made: Operating
Condition Nos. 3C, 4C, 5, 9A, 9B, and 13.
As a reminder, your permitted acreage and affected acreage for this site are both 24.36
acres, as indicated in the application and on the mine map received March 12, 2009.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity ? Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
ATOA lVaebmel) /- -7
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
A
OWJER5HIP 09162009 91
HANPE N LAND CO L L C
211 N FIFTH AVE
W L M1 NGT ON, NC
DEED:3534 311 10732000
28402
fij-Az6meg f-& P 1
PROPERTY DE5CRI PTI ON I TAX 5UBD1 V1 SI ONS I PIN CARD NO I
ITR 2A,PB 47/69,DUPENJHANPEN LA TVP TOPSAIL 3262.21-4435-0000
IRECOMB I (RECORD NUMBER:
IHAW57EAD FIRE IROUTE 110D,0
ITOPO A ^E MS (LISTER:
151DBURY RD OFF :R
)STREET (REVIEW.
LEVEL IFA1P ?UTILI Y G 313.16 ACRES
' I NO 5:
IYILAND CLASS I 51ZE IBASERATE'FRNT•DPTH•ADJ-AD]RATE •UNIT5=L ND- VALUE
?2153ENOOD LANI 313,16ACI 15001 0.67ACFI 1005113.161 314726
LAND VALUE: 314726
ti OTHER FEAT 1 51ZE 18ASERATE"COND .ADJRATE•UNITS-RCNOB-VAL
OTHER VALUE: RCN: D
FNDATIONIXTRFNISHIROOFTYPEIROOFMTRL15IZEJQTYI RCNLD: 0
I
VALLFNSH FLOORS iHEAT&AIRIHEATFUELI MAP: 00470069
I I I ( 1
AISTRUCTUREISKTCH-5F•STHT- AREA
PRIOR VALUE
LAND
BLDG
CONDITION AD): %
RATE'GRDF+HEAT+EXK'%LHT-ADJRAT• AREA-
RPCN• DEPF•CNDF=SIR-YALUE
STRUCTURE VALUE:
APPRAISED- VALUE: 314726

VWYtHSMIP 09162009 917684
BUYERS BROKERS & CONSULTANTS INC
1430 COMMONNEALTH DR
k1 L MI NGTON, NC 26403
DEED:3566 139 01162009
PROPERTY DESCR]PTION TAX SUBDIVISIONS SPIN NO I
tAR6
699.38 AC, PB 97/98, GN SR 10DITVP TOPSAIL X3262 25.8994-0000
? RECORD NUMBER:
HAMPSTEAD FIRE ROUTE 4100. 0
ISLAND CREEP, RD BLISTER:
563 IREVI E W.
ITOPO (STREET IUTIII (ZONING 699.38 ACRES
(LEVEL JEXCELLENII PD
N E5:
l#JLAND CLASS SIZE IBA •FRNT•DPTH•ADI=ADIRATE'UNITSd ND-VALUE OADF
6 4 1215IL53ERY,OW 3LANI 659.38ACI 115001 0.66ACFI 1 7990 59.38! 306240
1 I I 652786
LAND VALUE: 959026
#10THER FEAT 1 512E JBASERAIE'COND -ADIRATE"UNITS-RCNOB-VAL
OTHER VALUE: RCN: 0
%ALLFNSHjFLOORS IHEAT&AIRIMEATFUELI MAP: 00470096
I
ISTRUCTUREISKTCH-SF'STHT- AREA RATE'GRDF+HEAT+EXNLD"11LHHT-ADDRAT• %
:I AREA= RPCN• DEPF•CNDF-57R-VALUE
PRIOR VALUE
LAND 0
BLDG I STRUCTURE VALUE:
APPRAISED-VALUE: 959026

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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. N00020000
CERT1rICATE OF COVERAGE No. NCG020524
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
HANPEN LAND COMPANY, LLC
is hereby authorized to discharge stormwater from a facility located at
HANPEN MME
8501 SIDBURY ROAD
WILMINGTON
PENDER COUNTY
to receiving waters designated as a UT to Island Creek, a class C SW waters, in the Cape Fear River
Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth
in Parts 1,11,111, N, V, VI, and VII of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective May 21, 2009.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 21, 2009.
P
7? Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
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Pender County Endangered Species, Threatened Species,Federal Species of Concern, and Ca...
& ?achlnoo /-l
Endangered Species, Threatened Species,Federal Species of
Concern, and Candidate Species,
Pender County, North Carolina
Updated: 01-31-2008
Critical Habitat Designations:
Piping plover - Charadrius melodus - See the Federal Register for a description of the primary
constituent elements essential for the conservation of wintering piping plovers within the
designated units. This document also contains a map and a description of each designated
unit.
Federal Register Reference: July10, 2001, Federal Register, 66:36038?36136.
Common Name
Vertebrate:
American alligator
American eel
Bachman's sparrow
Bald eagle
Carolina crawfish frog
Eastern Henslow's sparrow
Eastern painted bunting
Green sea turtle
Scientific name Federal Record Status
Status
Alligator mississippiensis T (S/A) Current
Anguilla rostrata FSC Current
Aimophila aestivalis FSC Current
Haliaeetus leucocephalus BGPA Current
Rana capito capito FSC Current
Ammodrannus henslowii FSC Current
susurrans
Passerina ciris ciris FSC Current
Chelonia mydas T Current
Pender County Endangered Species, Threatened Species,Federal Species of Concern, and Ca...
Loggerhead sea turtle
Piping-plover
Rafinesque's big-eared bat
Red-cockaded woodpecker
Shortnose sturgeon
Southeastern myotis
Southern hognose snake
West Indian manatee
Invertebrate:
Atlantic pigtoe
Buchholz's dart moth
Carter's noctuid moth
Venus flytrap cutworm
Yellow lampmussel
Vascular Plant:
American chaffseed
Carolina bishopweed
Carolina bogmint
Carolina grass-of-parnassus
Carolina trillium
Coastal goldenrod
Coolev's meadowrue
Georgia lead-plant
Caretta caretta T
Charadrius melodus T
Corynorhinus raftnesquii FSC
Picoides borealis E
Acipenser brevirostrum E
Myotis austroriparius FSC
Heterodon simus FSC
Tricliechus manatus E
Fusconaia masoni FSC
Agrotis buchholzi FSC
Spartiniphaga carterae FSC
Hemipachnobia subporphyrea FSC
Lampsilis cariosa FSC
Schwalbea americans E
Ptilimnium ahlesii FSC
Macbridea caroliniana FSC
Parnassia caroliniana FSC
Trillium pusillum var. pusillum FSC
Solidago villosicarpa FSC
Thalictrum cooleyi E
Amorpha georgiana var. FSC
georgiana
Golden sedge Carex lutea E
Grassleaf arrowhead Sagittaria weatherbiana FSC
Pickering's dawnflower Stylisma pickeringii var. FSC
pickeringii
Pineland plantain Plan tago sparsiflora FSC
Rough-leaved loosestrife Lysimachia asperulaefolia E
Sandhills milk-vetch Astragalus michauxii FSC
Savanna onion Allium sp. I FSC
Seabeach amaranth Amaranthus pumilus T
Small-leaved meadow-rue Tlialictrum niacrostylum FSC
Smooth-seeded hairy nutrus h Scleria sp. 1 FSC
Current
Current
Current
Current
Current
Current
Current
Current
Current
Current
Current
Current
Current
Historic
Current
Current
Current
Current
Current
Current
Current
Current
Current
Historic
Current
Current
Current
Current
Current
Current
Current
Pender County Endangered Species, Threatened Species,Federal Species of Concern, and Ca...
Spring-flowering goldenrod
Thorne's beakrush
Venus' fly-trap
Nonvascular Plant:
Lichen:
Solidago verna FSC Current
Rhynchospora thornei FSC Current
Dionaea muscipuln FSC Current
Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its
range."
T = threatened. A taxon "likely to become endangered within the foreseeable future
throughout all or a significant portion of its range."
C = candidate. A taxon under consideration for official listing for which there is sufficient
information to support listing. (Formerly "C1" candidate species.)
BGPA =Bald and Golden Eagle Protection Act. See below.
FSC = federal species of concern. A species under consideration for listing, for which there is
insufficient information to support listing at this time. These species may or may not be listed
in the future, and many of these species were formerly recognized as "C2" candidate species.
T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to
similarity of appearance with another listed species and is listed for its protection. Taxa listed
as T(S/A) are not biologically endangered or threatened and are not subject to Section 7
consultation. See below.
EXP = experimental population. A taxon listed as experimental (either essential or
nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf)
are treated as threatened species on public land, for consultation purposes, and as species
proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as
"PE" or "PT", respectively.
Bald and Golden Eagle Protection Act (BGPA)
In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered,
and removed (de-listed) from the Federal List of Threatened and Endangered wildlife. This
delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act
(Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle
Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that
includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to
provide guidance to land managers, landowners, and others as to how to avoid disturbing
bald eagles. For mor information, visit htt2://www.fws.9ov/migratorybirds/baldea lg a htm
Threatened due to similarity of aynearance(T(S/A))
Pender County Endangered Species, Threatened Species,Federal Species of Concern, and Ca...
In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog
turtle (from New York south to Maryland) was listed as T (threatened), and the southern
population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity
of appearance). The T(S/A) designation bans the collection and interstate and international
commercial trade of bog turtles from the southern population. The T(S/A) designation has no
effect on land management activities by private landowners in North Carolina, part of the
southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and
Wildlife Service considers the southern population of the bog turtle as a Federal species of
concern due to habitat loss.
Definitions of Record Status:
Current - the species has been observed in the county within the last 50 years.
Historic - the species was last observed in the county more than 50 years ago.
Obscure - the date and/or location of observation is uncertain.
Incidental/migrant - the species was observed outside of its normal range or habitat.
Probable/potential - the species is considered likely to occur in this county based on the
proximity of known records (in adjacent counties), the presence of potentially suitable habitat,
or both.
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SEGO
Southern F nvironmental 6roup, Inc.
Environmental, Development, and Conservation Advisors
www.scgi.us
Letter ofAgencq
t r , hereby grant
(AgenVCIient Name)
5outkern Environmental Cjroup, Inc., (5E_Gi) tote right to represent
fjY5ELF in matters regarding environmental consulting
(Client)
services on real property EEJ:1y Under Contract by/.pi-'f-EA)Cpl )Vp(- ??tAIVY LL( ftv j)
11 (Ckcnt,/Firm)
NA??1pE>rV L iVI?I t I?^1?l}N i LLG at ?? r?.'?S )L%b1'? ?M!l ivy`; 8W I s ?.DBRc?
!Si Li T TS C -f I L L (AddreSA/Location)
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, -_L'F4l r) E?' d- N E??/N?4l1/i%yrQ
(County)
County/Countics, North Carolina.
Z
and Owner/ cnt
/- C/-
Date
55 15 South College }load, cjuitc E_ • Wilmington, North Carolina 289 12
°10.452.2711 • Fax: [phone] • [e-mail]
locator map
110
® Military Danger
Zones and
RestFkwd Areas
OW Wand venters (WRC lurisdidbn) Map 26
Map Datum: NADg3
Map Projection; NC Stele Plane
Map Dow July2m MARINE
1000 0 1000 2000 Yards
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survey 1:+00.000-male ploNmetrk map ® Primary Fishery Nursery Areas
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PROGRAM
September 20, 2010
Jim Teachey
HanPen Land Co., LLC
1430 Commonwealth Drive, # 102
Wilmington, NC 28403
Project: Sandstone Mine

Expiration of Acceptance: June 20, 2011
County: New Hanover/Pender
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply. with all other-state, fedeEW or local
This acceptance is valid for nine months from the date of this letter and is not transferable. U we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Cape Fear 03030007 0 0 0 0.25 0 0 0 0
Credits Cape Fear 03030007 0 0 0 0.25 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument dated July 28, 2010.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
6
Will D. Gilmore, PE
Director .
cc: Ian McMillan, NCDWQ Wetlands/401 Unit
Ronnie Smith, USACE-Wilmington
Joanne Steenhuis, NCDWQ- Wilmington
Doug Huggett, NCDCM-Morehead City
Dana Lutheran, agent
File
X&torikg... m ... Pro" Our hate
1? /6, ssZ.SD/!4Gc-
.VA
?.VA
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
-NC Jjmel-tl 1P pi's
?. ;.. ATLANTIC DIVING & MARINE CONTRACTORS, INC.
3330 RIVER ROAD . WILMINGTON, NORTH CAROLINA 28412
QUOTE #1461A
PROJECT: Island Creek Bridge DATE: June 29, 2010
FIRM QUOTING: Jim Teachey (Owner)
CONTACT: Jim Teachey
PHONE: [phone] E-mail: [e-mail]
ITEM QUOTED: Timber Bridge Construction
ATLANTIC DIVING AND MARINE CONTRACTORS, INC. (ADMC/Contractor) is
pleased to submit our quotation for construction of the subject bridge. The overall length of the
completed structure shall be 60 feet long 14 feet wide consisting of bents at twelve feet on center.
ADMC shall furnish labor, material, and equipment for construction of the proposed timber
bridge to include pile installation, caps, stringers, and decking. Bridge shall include bulkhead,
and four (4) wingwalls, each ten feet long. Bridge railing by others. See Attachment A for
structural allowances:
Lump Sum
S 65,000.000
EXCLUSIONS AND QUALIFICATIONS
1) Survey and layout shall be provided by Owner.
2) Clear access to the site must be provided by Owner.
3) Not responsible for underground obstructions.
4) Grading and approaches shall be provided by Owner.
5) Engineering supplied by ADMC.
6) Design subject to approval by owner.
7) Owner responsib for vibration monitoring and adjacent structures
QUOTED BY. DATE: 4O
Kevin G. Walker / President
ACCEPTED BY: DATE:
Name/Company
[phone] • FAX [phone]
f +? 4chm en'- 19 P?s 2-opZ
QUOTE #1461
Attachment A
PROJECT: Island Creek Bridge
The following assumptions have been made in preparation of the subject quotation.
Design elements will need to be verified for specific site conditions by a licensed professional
engineer.
Deviations from these considerations may affect contract price.
Decking: 4x8 timber decking for width of 14 ft using No 1 wood grade.
Stringers: 6x12 timber stringers at 18" on center using No 1 wood grade.
Bents: 6 each (2 end and 4 interior), 12x12 timber caps at 12' on center using No 2 wood
grade (or better).
Piles: 3 each per bent, 12" but, driven to an minimum 10 ton capacity with a minimum
embedment of IS feet into medium sands.
These design considerations were adopted from a previous project (constructed by Atlantic
Diving) providing an HS20 rating which is the loading used for NCDOT bridge design. This
loading allows for one axle of 4 tons followed by 2 axles of 16 tons with a minimum axle
spacing of 14 feet. Please note this evaluation relates only to the vertical loading related to
vehicular traffic and does not include the guardrail components.