20120242 Ver 1_401 Application_20120307

P O Box 244 Bunnlevel INC 28323 [phone]
MEMORANDUM
To Ian McNLWan
From Adam Carter
Date 2/24/2012
Re NW44 for Lumberton Land and Sand LLC
Ian
201 2024 2
I&N
�/J
V
MAR D
7 2012
WANDSMR�i-1R
�1CN
Enclosed are copies of maps JD and NW44 and pertinent site information for your use in preparation for a site
review /permit
The following is pertinent site information
Owner /Applicant Lumberton Land and Sand
Address P 0 Box 943
Lumberton NC 28359
Subdivision /Project Name Lake Drive
Parcel ID Numbers 939074254200
Property Location Lake Drive & Alamac Road One mile south of Lumberton NC
Nearest Named Water body Jacob Swamp
Lat/Long of Site N 34 58676 79 00796 W
Maps See attachment
USGS Quad Name NC quadrangle_ South West Lumerton Quad
Tract Size - 47ac
Approximate Wetland Size - 241 ac
Please contact me if there is any additional information you need regarding site conditions
Thank you
Sincerely
Adam Carter
Wetland Solutions

�nL0��
p
October 27, 2011
Owner Information
Floyd Brothers Construction Co Inc
P O Box 943
Lumberton, NC 28359
Propegy Description
Project Name Lumberton Land & Sand LLC
Address Lake Drive & Alamac Road one mile south of Lumberton
PIN # 939074254200
County Robeson
I as owner of the above referenced property
authorize the US Army Corps oftnimieers and the NC Division of Water Quality to enter the
subject property for the purpose of a junsdictional determination
I also authorize Mr Adam Carter of Wetland Solutions, LLC to act in my behalf as my
agent in processing applications for wetland certification and/or permits
Signature
Title
Date

Lumberton Land & Sand, LLC
Proposed Lake Drive Mine Site
USGS Topographic Map - Vicinity Map
- ., , �+•..J *7_ _�Y1 u :Jte�`� �_ � �_ ,.rte _: �1 ;�,.,, ;. ,i,;,,
° -. w. -':` � •:. 4�. x - ,,Y ' +{r'1. , „ -'' `. `•....� ;;�.._,,�.,��"'' -: •. ,�. , r� . vone,.
!• ` ,r,., \. - fit':• t h �y �^' • - t a. _ �a
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I- , 1�i � � y�'x�,; 'ice �+`-t 1 � M• ' f ~ � * •J •. ,\ � �t���l 1 1� iSiD i�},,, � - • / � �,'» ,i -. N j
'� . � _. ���'�'tyyy, AMA=' i� t yy� .� _ i _ 1`.� 1 � `4 _ •• :`/7MV jjL' .,
tits'. + .. ii j-61a
, rJi:
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t
Alamac Road,. `
kllw
• d • RaO+ 1�'��er � t�: ` � ,ag y ��� 4'�t's�(tirtAf •y , �•,ti 1
Project Location `
"— _ \ _ .i l i•— "raw'
A Lake Drive
Delineated Wetlands
Total Project Ar
NOTE: All boundaries and distances are considered approximate. PIN 939074254200
This represents a preliminary map prepared from points obtained by Total Acres = 47
GPS and data from online sources. A PLS survey of delineated areas A rox. Wetland Acres = 0.241
and review and approval by the U.S. Army Corps of Engineers PP
is recommended prior to specific site planning. (map scale 1" = 2,000')
0 66-2,'0-0-0------'
0 2,000 4,000 6,000 8,000 10,000 12,000 14,000
Feet -- -- ,

Lumberton Land & Sand, LLC
Proposed Lake Drive Mine Site
2010 Aerial with 2' NCDOT Contours
WFtIdR solutions
Jacob Swamp Canal
Total Delineated
Wetland Acreage = 0.241 ac
NCDOT 2' Contours
Delineated Wetlands
OTotal Project Area
'WA
NOTE: All boundaries and distances are considered approximate.
This represents a preliminary map prepared from points obtained b
GPS and data from online sources. A PLS survey of delineated areas
and review and approval by the U.S. Army Corps of Engineers
is recommended prior to specific site planning.
200
1
PIN 939074254200
Total Acres = 47
y Total Project Area = 8.6
Approx. Wetland Acres = 0.241
(map scale 1" = 200')
1,000 1,200 1,400

Lumberton Land & Sand, LLC
Proposed Lake Drive Mine Site
NRCS Soils Data
Jiacob Swamp Canal
- Pr
Jo `' B
JO
J, - Alamac Road
Lu
JO Total Project Area = 8.6 acres tW
JO
Kam-
Pt �� _ BP '"
R u
~--`J r-= -��- Lake Drive
Total Delineated �o
Wetland Acreage = 0.241 ac
tl
Parcels t
Delineated Wetlands~
l
Total Project Area o
O
NOTE: All boundaries and distances are considered approximate. PIN 939074254200
This represents a preliminary map prepared from points obtained by Total Acres = 47
GPS and data from online sources. A PLS survey of delineated areas
and review and approval by the U.S. Army Corps of Engineers Approx. Wetland Acres = 0.241
is recommended prior to specific site planning. (map scale 1" = 500')
0 250 500 1,000 1,500 2,000 2,500 3,000 3,500
Feet

U S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id SAW 2011 02264 County Robeson U S G S Quad SW Lumberton
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner Lumberton Land & Sand Co, LLC Agent Wetland Solutions, LLC
attn Calvin Floyd, Jr attn Adam Carter
Address 700 N Roberts Ave, Suite 104 B Address P O Box 244
Lumberton, NC 28358 Bunnlevel, NC 28323
Property description
Size (acres) 913 Nearest Town Lumberton
Nearest Waterway UT to Jacob Swamp Canal River Basin Lumber
USGS HUC 03040204 Coordinates 34 5865265 N 79 00780737 W
Location description The property is located iust northwest of the corner of Alamac Road and Lake Drive south of
Lumberton, Robeson County, North Carolina The proiect area is defined as the 913 ac "Permit Boundary" as shown on
the below reference survey
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 33 1)
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 project area subject to the permit requirements of Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations this determination
may be relied upon for a period not to exceed five years from the date of this notification
_ We 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 wetlands on your project area 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 jaw 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 2/17/2012 Unless there is a change m the law or our published regulations
this determination may be relied upon for a period not to exceed five years from the date of this notification
There are no waters of the U S to include wetlands present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law or our
published regulations this determination may be relied upon for a period not to exceed five years from the date of this
notification
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA) You should contact the Division of Coastal Management in Wilmington NC at [phone] to determine
their requirements
Page 1 of 2

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 Mr David E Bailey at [phone] /
David E BailevZia usace army mil
C Basis For Determination
The site exhibits wetland criteria as defined in the 1987 Corns Wetland Delineation Manual and applicable Regional
Sunalements The wetland on site is adjacent to an unnamed tributary to Jacob Swamn Canal a Relatively Permanent
Water that flows via Jacob Swamn Canal into the Lumber River, a Traditionally Navigable Water This determination
is based on a site visit by David E Bailey of the U S Army Corps of Engineers on 11/30/ 2011
D Remarks
Wetlands were delineated by Adam Carter of Wetland Solutions, LLC with changes made in the field by David E
Bailey of the USACE
E Attention USDA Program Participants
This delmeation/determmation has been conducted to identify the limits of Corps Clean Water Act jurisdiction for the
particular site identified in this request The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985 If you or your tenant are USDA Program participants or anticipate participation
in USDA programs you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service prior to starting work
F Appeals Information (This information applies only to approved ,jurisdictional determinations as 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
US Army Corps of Engineers
South Atlantic Division
Attn Jason Steele Review Officer
60 Forsyth Street SW Room 10M 15
Atlanta Georgia 30303 8801
In order for an RFA to be accepted by the Corps the Corps must determine that it is complete that it meets the criteria for
appeal under 33 CFR. part 3315 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 Anrd 17, 2012
* *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
Date February 17, 2012 Expiration Date February 17, 2017
Copy furnished
Chad Turlmgton NCDENR, DWQ 225 Green St Suite 714 Fayetteville NC 28301 5094
Wesley Anderson Anderson Engineering & Assoc P A 305 N Chippewa St Lumberton NC 28358

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system
PROGRAM
December 13, 2011
Calvin Floyd Jr
Lumberton Land and Sand
507 W 29's Street
Lumberton NC 28358 Expiration of Acceptance June 13 2012
Project Lumberton Land and Sand Lake Drive Road County Robeson
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program ( NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below Please
note that this decision does not assure that participation in the NCEEP 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 c0mR1y with all other state federal or local government permits regulations or authorizations associated
with the proposed activity including SL 2009 337 An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S L 2011 343
This acceptance is valid for six months from the date of this letter and is not transferable If 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 in your request to use the NCEEP the impacts that may require compensatory mitigation are
summarized in the following table The amount of mitigation required for this impact is determined by permitting agencies
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation 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
Thank you for your interest in the NCEEP If you have any questions or need additional information please contact Kelly Williams at
[phone]
Sincerely
Micha Ilison
Deputy Director
cc Karen Higgins NCDWQ Wetlands /401 Unit
David Bailey USACE Wilmington
Mike Lawyer NCDWQ Fayetteville
Adam Carter agent
File
RUtorIgg Pro" OUr Stag
®�A
MUM
North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net
River
Basin
CU
Location
Stream (feet)
Wetlands (acres)
Buffer I
(Sq Ft.)
Buffer II
(Sq Ft )
Cold
Cool
Warm
Ri anan
Non Rip anan
Coastal Marsh
Impact
Lumber
03040203
0
0
0
0
025
0
0
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation 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
Thank you for your interest in the NCEEP If you have any questions or need additional information please contact Kelly Williams at
[phone]
Sincerely
Micha Ilison
Deputy Director
cc Karen Higgins NCDWQ Wetlands /401 Unit
David Bailey USACE Wilmington
Mike Lawyer NCDWQ Fayetteville
Adam Carter agent
File
RUtorIgg Pro" OUr Stag
®�A
MUM
North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net

U S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id SAW 2011 02264 County Robeson U S G S Quad SW Lumberton
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner Lumberton Land & Sand Co, LLC Agent Wetland Solutions, LLC
attn Calvin Floyd, Jr attn Adam Carter
Address 700 N Roberts Ave, Suite 104 B Address P O Box 244
Lumberton, NC 28358 Bunnlevel, NC 28323
Size and location of property (water body road name /number town etc ) The property is located lust northwest of the
corner of Alamac Road and Lake Drive, south of Lumberton Robeson County, North Carolina Latitude 34 5865265° N
Longitude 79 007807371 W
Description of projects area and activity The project involves permanent impacts to 0 241 ac of non riparian wetlands for the
purpose of a sand mine
Applicable Law ® Section 404 (Clean Water Act 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act 33 USC 403)
Authorization Regional General Permit Number or Nationwide Permit Number NW 44
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 1/5/2011 (received via email 2 /21/2012) and
additional information received via email 2/22/2012 Any violation of the attached conditions or deviation from your
submitted plans may subject the permrttee to a stop work order, a restoration order and /or appropriate legal action
This verification is valid until the NWP is modified, reissued or revoked All of the existing NWPs are scheduled to be modified
reissued or revoked prior to March 18 2012 It is incumbent upon you to remain informed of changes to the NWPs We will issue a
public notice when the NWPs are reissued Furthermore if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit
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 David E Bailey at 910 251 -4469
Corps Regulatory Official Date 2/22/2012
Expiration Date of Verification 3/18/2012
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 attached customer Satisfaction Survey or visit http / /per2 nwp usace army mil /survey html to complete the survey
onlme
Copy Furnished
Chad Turlmgton NCDENR DWQ 225 Green St Suite 714 Fayetteville NC 28301 5094
Wesley Anderson Anderson Engineering & Assoc P A 305 N Chippewa St Lumberton NC 28358

Determination of Jurisdiction
A ❑ Based on preliminary information there appear to be waters of the US including wetlands within the above described project
area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 33 1)
B ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act 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
C ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations
this determination may be relied upon for a period not to exceed five years from the date of this notification
D ® The jurisdictional areas within the above described project area have been identified under a previous action Please reference
jurisdictional determination issued 2/17/2012 Action ID SAW 2011 02264
Corps Regulatory Official
Expiration Date 2/17/2017
Copy furnished
Chad Turlington NCDENR, DWQ 225 Green St Suite 714 Fayetteville NC 28301 5094
Wesley Anderson Anderson Engineering & Assoc P A 305 N Chippewa St Lumberton NC 28358

Special conditions
Lumberton Land & Sand mine
AID# 2011 02264
1) In order to compensate for impacts to 0 241 acre of non - riparian wetlands the permittee shall
make payment to the North Carolina Ecosystem Enhancement Program ( NCEEP) in the amount
determined by the NCEEP, sufficient to perform the restoration of 0 241 acre of non riparian
wetlands in the Lumber River Basin, Cataloging Unit 03040203 Construction within
jurisdictional areas on the property shall begin only after the permrttee has made full payment to
the NCEEP and provided a copy of the payment documentation to the Corps, and the NCEEP has
provided written confirmation to the Corps that it agrees to accept responsibility for the
mitigation work required, in compliance with the NCEEP In -Lieu Fee Instrument, approved by
the United States Army Corps of Engineers, Wilmington District on July, 28, 2010
Project Manager
Date ?i /L -7, AO / Z

20 1 2024 2
OF W A TF9
\�2 pG Office Use Only
Corps action ID no
o < DWQ project no
Form Version 13 Dec 10 2008
Page 1 of 11
PCN Form — Version 1 3 December 10 2008 Version
Pre - Construction Not>tfication PC Form
A Apphicant Information
1
Processing
la
Type(s) of approval sought from the
Corps
®Section 404 Permit ❑Section 10 Permit
lb Specify Nationwide Permit (NWP) number NW-44 or General Permit (GP) number
1 c
Has the NWP or GP number been venfied 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
because written approval is not required?
For the record only for DWQ 401
Certification
❑ Yes ® 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 impactsl 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 1h
below
❑ Yes
® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2
Project Information
2a
Name of project
Proposed Mine Site at Lake Drive
2b
County
Robeson
2c
Nearest municipality / town
Lumberton
2d
Subdivision name
N/A
2e
NCDOT only T I P or state
project no
3
Owner Information
3a
Name(s) on Recorded Deed
Lumberton Land & Sand Co LLC
3b
Deed Book and Page No
1614/24
3c
Responsible Party (for LLC if
applicable)
N/A
3d
Street address
700 N Roberts Ave Suite 104 B
3e
City state zip
Lumberton NC 28358
3f
Telephone no
3g
Fax no
3h
Email address
Page 1 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
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
Adam Carter
5b
Business name
(if applicable)
Wetland Solutions LLC
5c
Street address
P O Box 244
5d
City state zip
Bunnlevel NC 28323
5e
Telephone no
(910) 890 -2779
5f
Fax no
5g
Email address
wetlandsolutionsnc @yahoo com
Page 2 of 11
PCN Form — Version 1 3 December 10 2008 Version

B Project Information and Prior Project History
7 Property Identification
1a Property identification no (tax PIN or parcel ID)
PIN 939074254200
Latitude 34 58676 N Longitude
1b Site coordinates (in decimal degrees)
79 00796 W
(DD DDDDDD) ( DD DDDDDD)
1 c Property size
47 0 acres
2 Surface Waters
2a Name of nearest body of water (stream river etc ) to
Jacob Swamp
proposed project
2b Water Quality Classification of nearest receiving water
Class C Sw
2c River basin
Stream Index 14 17 HUC #03 07 51
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 tract of interest consists of undeveloped wooded and previously timbered areas Conditions within the proposed
mining area (approx 15% of total parcel) are predominantly uplands with a ditch running north from the pond to Jacob
Swamp along the western perimeter of the proposed disturbance (see mapset) A small naturally depressed area in the
middle of the proposed mine site has been delineated as a wetland Land use in the immediate vicinity is limited to low
density residential but is predominantly undeveloped and /or agriculture
3b List the total estimated acreage of all existing wetlands on the property
Approximately 0 241 acres within the proposed mining area Undetermined on the entire tract of interest
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
unknown at this time
3d Explain the purpose of the proposed project
The purpose of this project is for the excavation of usable materials on the site
3e Describe the overall project in detail including the type of equipment to be used
2 cell mining operation
4 Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments
4b If the Corps made the jurisdictional determination what type
ED Preliminary El Final
of determination was made
4c If yes who delineated the jurisdictional areas?
Agency /Consultant Company Wetland Solutions LLC
Name (if known) Adam Carter Wetland Solutions LLC
Other
4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
Action ID SAW
5 Project History
5a Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes explain in detail according to help file instructions
Page 3 of 11
PCN Form — Version 1 3 December 10 2008 Version

6 Future Project Plans
6a Is this a phased project? ❑ Yes ® No
6b If yes explain
Page 4 of 11
PCN Form — Version 13 December 10 2008 Version

C Proposed 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
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404 other)
(acres)
Temporary
W1 ®P ❑ T
Excavation /Fill
Basin Welland
® Yes
❑ No
® Corps
® DWQ
0 241
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P [:IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P FIT
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
0 241
2h Comments The attached site plan includes impacts totaling 0 241 acres to construct the mining operation
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
Type of jurisdiction
Average
Impact
number
(PER) or
(Corps 404 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P [-IT
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P [IT
❑ 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
31 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
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f Total open water impacts
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
51 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 impacts
below If any impacts require mitigation then you MUST fill out Section D of this form
6a
❑ Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
B1 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
C1 Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
61 Comments
Page 6 of 11
PCN Form — Version 13 December 10 2008 Version

D Impact Jusbficabon and Mitigation
1 Avoidance and Minimization
la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The ditch located on the western perimeter has been avoided completely in order to minimize the potential for additional
wetland impacts or sediment impacts to Jacob Swamp Due to the location of the wetland feature in the middle of the
propoosed mine site avoidance is extremely difficult and results in an approximate 30% reduction in the quantity of suitable
materials that can be excavated from this site
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Erosion control measures will be utilized throughout the excavation activities Nearly all runoff and groundwater will be self
contained within the 2 cell operation as water is pumped from one cell to the other Erosion control measures may include silt
fences seeding and mulching and gravel check dams installed where appropraite on this extremely flat site (grade <1 %)
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
projects
❑ 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 - npanan wetland mitigation requested
0 25 acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5 Complete if Using a Permittee Responsible Mitigation Plan
Ea 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
buffer mitigation?
❑ Yes ® 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
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 13 December 10 2008 Version

E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
1a
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
lb
if yes then is a diffuse flow plan included? If no explain why
❑ Yes 0 N
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
< 1 %
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan explain why Currently zero impervious surface is
present and virtually no stormwater runoff will be feasible within the upland excavation areas due to the self containment
of the mining operation
2d
if this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local government s jurisdiction is this project?
Robeson County
❑ Phase II
3b
Which of the following locally implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ 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)
❑ 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 13 December 10 2008 Version

F
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state/local) funds or the
❑ Yes
® No
use of public (federal /state) land?
lb
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)?
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
❑ No
letter )
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
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
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
❑ 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 proposed impacts will allow the owner to construct a mining operation in usable upland areas on the tract
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
N/A
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?
NC DENR Div of Parks and Recreation Natural Heritage Element Occurrences NC DENR Div of Parks and
Recreation Natural Heritage Program Raleigh North Carolina
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 available at http /locean flondamanne org/efh_coralfimsMewer htm
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?
8 Flood Zone Designation (Corps Requirement)
8a WIII this project occur in a FEMA designated 100 -year floodplain?
® Yes ❑ No
8b If yes explain how project meets FEMA requirements No above -grade structures will be constructed
8c What source(s) did you use to make the floodplain determination?
http / /www ncdot orgrt/ gis/ DataDistnbution /FEMAFloodData/default html
Adam Carter
z2�
Applicant/Agents Printed Name
Date
App Icant/Agent s Signature
(Agents signature is valid only d an authorization letter from the applicant
is provided
Page 11 of 11
PCN Form —Version 1 3 December 10 2008 Version

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