20090243 Ver 2_401 Application_20101210

HAL OWEN & ASSOCIATES, INC.
SOIL & ENVIRONMENTAL SCIENTISTS
P.O. Box 400, 266 Old Coats Road
Lillington, NC 27546-0400
Phone [phone] / Fax [phone]
C) Oa 3
www.halowensoil.com
29 November 2010
NC DWQ 401 /Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

Reference: Request for Authorization of Impacts to Jurisdictional Waters (NWP 14)
For proposed Womble Mine (225 Acres), ST Wooten Corps, Harnett County, NC
USACE AID# SAW-2008-02327
Dear DWQ,
The proposed sand mining operation referenced above requires a haul road to be
constructed across jurisdictional waters that will impact 63 linear feet of a perennial stream and
0.077 acre of wetland. Approval for the proposed impacts is sought under NCDWQ Water
Quality Certification Number 3820. Five (5) copies of the Pre-Construction Notification (PCN)
and a check for $240 for the application fee are enclosed. If you have any questions or need
additional information, feel free to contact me at your convenience.
Sincerely,
CC: R. S. Lawter, Jr.
S.T. Wooten Corporation
Post Office Box 2408
Wilson, NC 27894-2408
?(1-cab w•.?t. ? . N P,?,?SG' 9?
Krissina B. Newcomb
Project Environmental Scientist I
5 @ROW[a
DEC 0 p, 2010
DM - WkrER QUALITY
WETLANDS AND 3TORiw%AXR VWU
Soil Science Investigations • Wetland Delineations, Pennitting, and Consulting
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Womble Mine
2. Name of Property Owner/ Applicant: S.T. Wooten Corporation
3. Name of Consultant/ Agent: Hal Owen and Associates Inc.
*Agent authorization needs to be attached
4. Related/ Previous Action ID number(s): SAW 2008-02327
5. Site Address: end of McKoy Town Rd (SR 1105)
6. Subdivision Name: na
7. City: Cameron
8. County: Harnett
9. Lat: 35.256482 N Long -79.143728 W (Decimal degrees Please)
10. Quadrangle Name: Murchisontown NC
11. Waterway: Buffalo Creek (NC Stream Index # 18-23-18)
12. Watershed: Upper Cape Fear (HUC #03030004)
13. Requested Action:
X Nationwide Permit # 14
-General Permit #
-Jurisdictional Determination Request
-Pre-Application Request
------------------------------------------------------------------
The following information will be completed by the Corps office:
AID:
Prepare File Folder Assign number in ORN
Begin Date
Authorization: Section 10 Section 404
Project Description/ Nature of Activity/ Project Purpose:
Site/ Waters Name:
Keywords:
HAL OWEN & ASSOCIATES, INC.
SOIL & ENVIRONMENTAL SCIENTISTS
P.O. Box 400, 266 Old Coats Road
Lillington, NC 27546-0400
Phone [phone] / Fax [phone]
www.halowensoil.com
29 November 2010
Mrs. Crystal Amschler
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403-1343
Reference: Request for Authorization of Impacts to Jurisdictional Waters (NWP 14)
For proposed Womble Mine (226 Acres), ST Wooten Corps, Harnett County, NC
USACE AID# SAW-2008-02327
Dear Mrs. Amschler,
The enclosed Pre-Construction Notification (PCN) has been prepared for the above
referenced property, located at the end of McKoy Town Road (SR 1105), Johnsonville
Township, Harnett County, North Carolina. The site contains several wetland drains, one of
which bisects the property from east to west creating a northern and southern half. The proposed
sand mining operation requires a 30-foot wide haul road to be constructed across the wetland
drain to access the southern half. The haul road will impact 63 linear feet of a perennial stream
and 0.077 acre of wetland. The proposed project appears to comply with the requirements and
conditions of USACE Nationwide Permit 14.
A PCN was previously submitted for this project in February 2009. The 2009 PCN
proposed a haul road adjacent to the western property line that would impact 0.07 acre of
wetland and 99 linear feet of intermittent stream. A USACE Nationwide Permit Verification
was issued on 4 May 2009 and the NC Division of Water Quality (DWQ) issued a matching
Water Quality Certification on 15 April 2009 (DWQ Project # 09-0243). The Corps County
Manager, Emily Hughes, believed the proposed stream impact was excessive and required that
compensatory mitigation be paid as a condition of the Nationwide Permit. ST Wooten did not
build the haul road or pay the mitigation fee, and the permits have since expired.
The haul road has been redesigned in a new location (termed Location B) at the site of an
existing road crossing. There is an existing 22 linear foot 18 inch pipe under a soil road that
crosses the drainageway. It is proposed that the existing pipe be replaced with a 76 linear foot 48
inch pipe. Because the pipe at Location B is shorter than the pipe length proposed in the 2009
PCN and the haul road is proposed at an existing crossing, the new proposed stream impact is
only 63 linear feet. It is our belief that all practical attempts to minimize and avoid impacts have
been employed. The request is for a very minimal amount of impact on this large 226 acre
industrial site and it is our belief that compensatory mitigation should not be required.
Soil Science Investigations • Wetland Delineations, Permitting, and Consulting
HAL OWEN & ASSOCIATES, INC.
I trust that this provides all the information that you require to evaluate the enclosed PCN. If
you have any questions or need additional information, please feel flee to contact me at your
convenience.
Sincerely,

Krissina B. Newcomb
Project Environmental Scientist I
CC: NC DWQ 401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
R. S. Lawter, Jr.
S.T. Wooten Corporation
Post Office Box 2408
Wilson, NC 27894-2408
Soil Science Investigations • Wetland Delineations, Permitting, and Consulting
O?0 WATfiRQG
F 1 > y
Pre-Construction Notification
A
0 - DQ,*3 U.-
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
'N) Form
A licant I f

1. - n orma?,?.,
Processing
1 a. Type(s) of approval sought from the
Corps: ®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ®Yes ? No
1 d . Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e . Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written ap
roval is not
i
d?
p
requ
re
Certification:
? Yes ® No ? Yes ® No
1f. 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 ?Yes No
fee program.
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h ? Yes ® No
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Womble Mine
2b. County: Harnett
-
2c. Nearest municipality / town: Cameron r
2d. Subdivision name: NA DEC 0 2010
2e. NCDOT only, T.I.P. or state
project no: NA DE, v1 M0uAUTY

3. P.A"
Owner Information
3a. Name(s) on Recorded Deed: S T WOOTEN CORPORATION
3b. Deed Book and Page No. Book 02575 and Page 0922
3c. Responsible Party (for LLC if
applicable):
3d. Street address: PO BOX 2408
3e. City, state, zip: WILSON, NC 27894
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page I of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name: Mr. R. S. Lawter, Jr.
4c. Business name
(if applicable):
S.T. Wooten Corporation
4d. Street address: PO Box 2408
4e. City, state, zip: Wilson, NC 27894-2408
4f. Telephone no.: [phone]
4g. Fax no.: [phone]
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Hal Owen
5b. Business name
(if applicable):
Hal Owen & Associates, Inc.
5c. Street address: PO Box 400
5d. City, state, zip: Lillington, NC 27546
5e. Telephone no.: 910-893-8743
5f. Fax no.: 910-893-3594
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 9554-59-7597.000
1 b. Site coordinates (in decimal degrees): Latitude: 35.256482 Longitude: - 79.143728
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 226 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Buffalo Creek
2b. Water Quality Classification of nearest receiving water: WS-III
2c. River basin: Upper Cape Fear (HUC 03030004)
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 site is composed predominantly of recently abandoned pastures with areas of early to mid successional forest on the
eastern portion of the property. Land use in the area is primarily forest, agriculture, and residential. There is a
commercial tire disposal site (monofill) abutting the property to the west.
3b. List the total estimated acreage of all existing wetlands on the property:
30.57 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 10,375 linear feet
3d. Explain the purpose of the proposed project:
A new surface mining operation is proposed at this site. Gravel haul roads will be constructed to allow transportation of
equipment and mined materials between Pits 1 and 2 and the entrance. No other improvements are planned.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed haul road will cross the drainageway at an existing soil road crossing. The existing 13 LF 18" CPP will be
replaced with a 76 LF 48" CMP. The new pipe will be buried 6" below the stream bed and placed at a 2.24% grade.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ®Yes ? No ? Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ? Preliminary ®Final
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Hal Owen & Assoc
Inc
.
.
Name (if known): Chris Leach and Hal Owen Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
.
24 November 2008, USACE AID# SAW2008-02327
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? TZ Yes ? No ? Unknown
5b. If yes, explain in detail according to "help file" instructions
.
(1) PCN dated 21 October 2008 submitted to Corps of Engineers for 126 linear feet of stream impact and 0.073 acre of
wetland impact. PCN deemed incomplete/withdrawn 28 Jan 2009.
(2) PCN dated 23 February 2009 submitted to USACE for 99 linear feet of stream impact and 0
07 acre of wetland
.
impact. NWP Verification issued 4 May 2009 (USACE AID# SAW-2008-02327); WQC issued 15 April 2009 (DWQ
Project# 09-0243. The road was not built, the impacts were not made and Oho ncrmi+c a .,:. nn_.. nn? n
vnNn cu III IVICIY LV IV.
Page 3 of 11
PCN Form -Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project?
6b. If yes, explain.
? Yes ® No
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
V. rroposea impacts inventory
1. Impacts Summary
1 a. 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.
Wetland impact 2b. 2c. 2d. 2e.
Type of jurisdiction 2f.
number -
Permanent (P) or Type of impact Type of wetland
if Forested (Corps - 404, 10 Area of impact

Temporary (
known) DWQ - non-404, other) (acres)
W1 ®P ? T culvert and fill headwater forest ® Yes ® Corps 0.077 AC
? No ® DWQ (3366 SF)
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts [70.077 AC
2h. Comments:
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.
Stream impact 3b.
Type of impact 3c.
Stream name 3d.
Perennial 3e.
Type of jurisdiction 3f.
Average 3g.
Impact
number -
Permanent (P) or (PER) or
intermittent (Corps - 404, 10 stream length

Temporary (T)

(INT)? DWQ - non-404, width (linear
other) (feet) feet)

S1 ® P F] T culvert and
UT To
® PER
® Corps
dissipator ?
INT
®DWQ 2 63
S2 [-I P ? T El PER [:1 Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ

S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ

S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
63
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 individually list all open water impacts below.
4a.
Open water 4b.
Name of waterbody 4c. 4d. 4e.
impact number -
Permanent (P) or (if applicable) Type of impact Waterbody type Area of impact (acres)
Temporary T
01 ?
P?T
02 ?P?T
03 ?
P?T
04 ?P?T
4f
T
.
otal open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or l
tro osed, the n complete the chart below.
5a.
i: 5c. 5d.
5e.
Pond ID
or purpose
; Wetland Impacts (acres) Stream Impacts (feet) Upland

number nd (acres)
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1

P2

5f
T
.
otal
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
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 im
a
t
p
c
s
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 ? Other:
? Catawba ? Randleman
6b. 6c. 6d.
Buffer impact
6e. 6f. gg
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet)

Temporary T impact (square feet)
re uired?
B1 ?P?T ?Yes
? No

B2 ?P?T ?Yes
? No

63 ?P?T ?Yes
? No

6h. Total buffer impacts
6i
Comm
t
.
en
s:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
U. impact Justitication and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The road approaches the stream at a nearly perpendicular angle (98°). The road location has been changed to cross at an
existing impact to reduce stream impacts from 99 LF to 63 LF. Because the drainageway bisects the property, it must be
crossed to access the southern half of the property.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fence will be installed at the top of the pipe and at the toe of the slope to control erosion.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
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.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
[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 I ? Yes ® No
buffer mitigation?
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.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
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).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
I E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
? Yes ® No
? Yes ? No
1 840 SF out of 226 AC = 0.009 %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The plan conforms to low-density criteria,
and there are no high density (? 24%) pockets of development.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
(View Stormwater Program Map http://149.168.87.13/stormwater/)
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
4. DWQ Stormwater Program Review
? Certified Local Government
? DWQ Stormwater Program
? DWQ 401 Unit
? Phase II
? NSW
? USMP
? Water Supply Watershed
? Other:
? Yes ? No
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply ? HRW
(check all that apply): ? ORW
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
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?
? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a . Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? ? Yes No
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 ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c . 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
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)? ? Yes ® No
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? ? Yes ®No
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.
Mine operations will conform to the conditions of the surface mining permit issued by Land Quality Section, including
sediment and erosion control measures and implementation of a reclamation plan.
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 facilit
y.
No wastewater will be generated onsite
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes
No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act Yes
? No
impacts?
?
Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
US Fish and Wildlife Service Endangered Species Program http://www.fws.gov/endangered/
--US FWS lists four endangered species in Harnett County: Red-cockaded woodpecker (Picoides borealis), Cape
Fear shiner (Notropis mekistocholas), Rough-leaved loosestrife (Lysimachia asperulaefolia), and Red wolf (Canis rufus)
NC Natural Heritage Program http://www.ncnhp.org/
-- NC NHP lists 0 occurrences of federally threatened or endangered species within a 2 mile radius of the proposed
impact.
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?
South Atlantic Habitat and Ecosystem IMS http://ocean.floridamarine.org/efh-coral/ims/viewer.htm
South Atlantic Fishery Marine Council http://www.safmc.net/
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 ? Yes ® No
status (e.g., National 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?
National Register of Historic Places http://nrhp.focus.nps.gov/natreg/docs/Google_Earth_Layers.htmi
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:
8c. What source(s) did you use to make the floodplain determination?
NC Floodplain Mapping Program hftp://www.ncfloodmaps.com/ DFIRM panel 9554
Hal Owen 29 November
2010
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant Date
is rovided.
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
Table of Figures
Figure 1. Vicinity Map
Figure 2. USGS 7.5 Minute Topographic map (Murchisonton Quad)
Figure 3. NRCS Soil Survey
Figure 4. Overall Site Location Plan
Figure 5. Location B Haul Road Plan @ Stream Crossing Existing Conditions
Figure 6. Location B Haul Road Plan @ Stream Crossing Proposed Crossing Wetland Impact Plan
Figure 7. Location B Haul Road Plan @ Stream Crossing Centerline Profile
List of Attachments
Agent Authorization Letter
USACE Notification of Jurisdictional Determination
USACE Nationwide Permit Verification issued
NC DWQ Water Quality Certification issued
Hal Owen & Associates Inc. Womble Mine (ST Wooten)
PO Box 400, Lillington, NC 27546 Pm Construction Notification
Ph. [phone] www.halowensoil.com November 2010
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Hal Owen & Associates Inc. Womble Mine (ST Wooten)
PO Box 400, Lillington, NC 27546 Pre-Construction Notification
Ph. [phone] www.halowensoil.com November 2010
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Hal Owen & Associates Inc.
PO Box 400, Lillington, NC 27546
Ph. [phone] www.halowensoil.com
MURCHiSONTOWN, N. C.
N3515 --W7907.5l7.5
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Womble Mine (ST Wooten)
Pre-Construction Notification
November 2010
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Hal Owen & Associates Inc. Womble Mine (ST Wooten)
PO Box 400, Lillington, NC 27546 Pre-Construction Notification
Ph. [phone] www.halowensoil.com November 2010
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AGENT AUTHORIZATION LETTER
Propertv Description
Project Name: Womble Mine
Address: 1617 McKoy Town Road
PIN #: 9554-59-7597.000
County: Harnett
Owner Information
Name: ST Wooten Corporation
Mailing Address: PO Box 2408
City, State, Zip: Wilson NC 27894
Telephone #:
The undersigned, registered property owners of the above noted property, do
hereby authorize Mr. Hal Owen of Hal Owen & Associates, Inc. to act on my
behalf and take all actions necessary for the processing, issuance and acceptance
of jurisdictional determinations, CWA Section 401 and 404 permits and
certifications, and any and all standard and special conditions attached.
We hereby certify the above information submitted in this application is true and
accurate to the best of our knowledge.
Authorized Signal
(Please print name:
Title
Authorized Signature
(Please print name:
Title
Date
Date

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2008-02327 County: Harnett U.S.G.S. Quad: Murchisontown
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: S.T. Wooten Corporation, c/o Mr. Butch Lawter
Address: P.O. Box 2408
Wilson, NC 27894-2408
Telephone No.: [phone]
Property description:
Size (acres) 225 Nearest Town Johnsonville
Nearest Waterway Buffalo Creek River Basin Upper Cape Fear
USGS HUC 03030004 Coordinates N 35.2576 W 79.1433
Location description Proiect area is known as Womble Mine and is located at the end of McKov Town Road (SR
1105), south of NC Hwy 24, in Johnsonville Township, Harnett County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There 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 and Section 404 of the Clean Water Act. 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.
X There are wetlands on the above described property 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA 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.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 11/24/08. 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 property 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
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC at [phone] to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Emily Burton at 910-251-4635.
C. Basis For Determination
This site contains a waterbody that exhibits an ordinary high water mark that is known as Buffalo Creek which is a
tributary to the Little River, a Navigable Water of the U.S. This site also exhibits wetland criteria as described in the
1987 Corps Wetland Delineation Manual and is directly adiacent to Buffalo Creek This determination is based on
information submitted by Hal Owen and Associates and a site visit by Emily Burton on September 25, 2008
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Emily Burton, Project Manager,:.
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
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 District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 1/24/2009.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: ,A n I, _ A n
Date November 24, 2008 v N Expiration Date November 24, 2013
Action Id. SAW-2008-02327
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 the Customer Satisfaction Survey located at our website at htlp:Hregulatory.usacesurvey.com/ to
complete the survey online.
Copy furnished:
Hal Owen & Associates, Inc. P.O. Box 400, Lillington NC 27546
NCDENR-Division of Water Quality attn: Cvndi Karoly 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2008-02327 County: Harnett USGS Quad: Murchinsontown
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: S.T. Wooten Corporation, c/o Mr. Butch Lawter
Address: P.O. Box 2408
Wilson, NC 27894-2408
Telephone No.: [phone]
Authorized Agent: Hal Owen & Associates, Inc.
Address: P.O. Box 400
Lillington, NC 27546-0400
Telephone No.: [phone]
Size and location of property (water body, road name/number, town, etc.): Project area is 225 acres known as Womble
Mine, located at the end of McKoy Town Road (SR 1105), south of NC Hwy 24, in Johnsonville Township, Harnett
County, North Carolina.
Description of projects area and activity: This permit authorizes the discharge of fill material into 99 linear feet of
intermittent stream and 0.07 acres of riparian wetlands for the purpose of constructing a 30-foot wide haul road
that will provide access to the southern half of the property for a sand mining operation Please see Special
Conditions on the following page.
Applicable Law: 0 Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans received March 10, 2009. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide 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 Quality (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.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Emily Hughes at [phone].
Corps Regulatory Official
Expiration Date of Verification: 5/4/201
Date: 5/4/2009
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 the Customer Satisfaction Survey located at our website at littp://reculatory usacesurvey cony/ to complete the survey
online.
CC:
Ken Averitte NCDENR-DW Fayetteville Re ional Office 225 Green St. Suite 714/S stel ME., Fayetteville, NC 28301
ST Wooten, Womble Mine
Harnett County
AID# SAW-2008-02327
Special Conditions:
1) In order to compensate for impacts to 99.0 linear feet of intermittent stream, the permittee shall
make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount
determined by the NC EEP at a 1:1 ratio, sufficient to perform the restoration of 99.0 linear feet of
warm water stream in the Cape Fear River Basin, Cataloging Unit 030030004. The permittee
must make payment in full to the NC EEP prior to beginning work and provide a copy of the
payment documentation to the Corps within 30 days
Beverly Eaves Perdue
Governor
,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
April 15, 2009
Mr. R. S. Lawter, Jr.
S.T. Wooten Company
P.O. Box 2408
Wilson, NC 27894-2408
Subject Property: Womble Mine
Ut to Buffalo Creek [030614, 18-23-18, WSIII]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Lawter:
Dee Freeman
Secretary
DWQ Project # 09-0243
Harnett County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.07 acres of 404/wetland, and 99 linear feet of intermittent stream, as
described within your application dated, February 23, 2009, and received by the N.C. Division of Water
Quality (DWQ) on March 10, 2009, with additional information received from you on March 30, 2009, to
construct the proposed gravel haul roads to facilitate development of the surface mining operation at the
site. After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3704 (GC3704). The Certification(s) allows you to use Nationwide
Permit(s) NW 14 when issued by the US Army Corps of Engineers (USACE). In addition, you should
obtain or otherwise comply with any other required federal, state or local permits'before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other
regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
4010versight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hdp://h2o.enr.state,nc.us/ncwetiands/
NonrthCarolina
Aawally
An Equal Opportunity 1 Affirmative Action Employer
S.T. Wooten Company
Page 2 of 2
April 15, 2009
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.07 (acres) PCN page 4 of I I
Stream - intermittent 99 (linear feet) PCN page 4 of I 1
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent.version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. 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 404/40 1 Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
5. 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 compliance with 15 NCAC 2H,
Section .0500;
6. "Re-opener" Clause
S.T. Wooten and Company and its authorized agents shall conduct its activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements
of State law and federal law. S.T. Wooten and Company shall require its contractors (and/or
agents) to comply with all of the terms of this Certification, and shall provide each of its
contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be
included in the construction contract and available on the job site at all times. If DWQ

S.T. Wooten Company
Page 3. of 3
April 15, 2009
determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification,
DWQ shall notify S.T. Wooten and Company and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for'public hearing
in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to
S.T. Wooten and Company in writing, shall be provided to the United States Army Corps of
Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and
shall also become conditions of the 404 Permit for the project.
Certificate of Completion:
7. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Lauren Witherspoon in the DWQ Raleigh Regional Office at X19-791-4200.
CHS/gym
Sincere ,
L Coleen H. Sullins
Enclosures: GC3704
Certificate of Completion
cc: Ken Averitte, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
DLR Fayetteville Regional Office