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HomeMy WebLinkAbout20201696 Ver 1_ePCN Application_20210315DWR Division of Water Resources Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20201696 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Central Office - (919) 707-9000 Information for Initial Review 1a. Name of project: Martin Marietta RDU Quarry Overburden Storage 1a. Who is the Primary Contact?* Thomas Brown 1b. Primary Contact Email:* Thomas.Brovdi@martinmarietta.com Date Submitted 3/15/2021 Nearest Body of Water Sycamore Creek Basin Neuse Water Classification B;NSW Site Coordinates Latitude: Longitude: 35.9060-78.7406 Pre -Filing Meeting Information ID# 20201696 Pre -fling Meeting or Request Date* 11 /6/2020 Attach documentation of Pre -Filing Meeting Request here:* Pre filing Request.pdf Version#* 1 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Rick Trone:eads\rvtrone 1c. Primary Contact Phone:* (919)268-5297 Version 1 726.72KB A. Processing Information C^U County (or Counties) where the project is located: Wake Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No la. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 39 - Commercial/Institutional Developments 18 - Minor Discharges le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - Egress V Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment Martin Marietta Raleigh Durham Quarry DIMS Acceptance Letter.pdf 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? P Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Martin Marietta Materials Inc. 2b. Deed book and page no.: 2c. Responsible party: Ron Kopplin, President, East Division, Martin Marietta 2d.Address 364.78KB * r Yes r No r Yes r No Street Address 2700 Wycliff Rd Address tine 2 City Raleigh Postal / Zip Code 27607 2e. Telephone Number: (919)510-4777 2g. Email Address:* Ron. Kopplin@martinmarietta.com State / Rovince / Rion NC Country USA 2f. Fax Number: FC. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality / town: Raleigh, NC 2. Project Identification 2a. Property Identification Number: 0778648516 2c. Project Address Street Address 6028 Triangle Or Address tine 2 City Raleigh Postal / Zip (ode 27617 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Sycamore Creek 3b. Water Resources Classification of nearest receiving water:* B;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010802 4. Project Description and History 2b. Property size: 74.79 State / Rovince / legion NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* As shown on the map, a portion of the property is currently used for overburden storage. Other portions of the project area are wooded. A stream bisects the property and will need to be crossed to access the northern portion of the property. 1-540 is directly north of the project area and the re -located Westgate Rd is south of the project area. Martin Marietta's RDU Quarry pit and operation are located south of Westgate Rd. The project area is surrounded by commercial and residential developments. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No 6 Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) USGS 2019 Bayleaf, 1_24000.pdf 198.37KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 20201207_09334009789_44_Soi1_Map.pdf 814.36KB 4f. List the total estimated acreage of all existing wetlands on the property: 1.17 4g. List the total estimated linear feet of all existing streams on the property: 4100 4h. Explain the purpose of the proposed project:* Martin Marietta (MM) operates the Raleigh Durham Quarry, located south of the project area. The Quarry supplies vital aggregate material for the growing demand in this area. In 2013 MM obtained a Jurisdictional Determination to avoid wetland and stream impacts associated with plans to move Westgate Rd to the north and expand the Quarry into it's previous footprint. In 2018, the road re -alignment was completed and the quarry began expanding to the north. Overburden removal began in order to expand the pit. Some of this overburden material was sold as fill for other construction projects and what could not be sold due to quality or lower demand was moved to the current berm footprint. The current storage area as shown on the map has been exhausted. The Quarry is now in a position where if more overburden is not removed, the north side of the pit Will have to be abandoned, leaving the quarry with a limited operational life. In developing the pit, in order mine deeper, the pit has to expand outward to essentially stair step the walls in benches from top to bottom. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project involves using off -road articulated trucks to move overburden material from the current site, under Westgate Rd to 3 new proposed overburden storage berms, and an expansion of the existing berm. The existing berm narrows in the middle due to originally avoiding stream impacts. Due to slopes, this causes the center of the berm to be lower than the ends. Expanding this berm to the south not only adds storage in the area of the stream impact, but Will also allowthe current berm to be built higher in the middle. Once the overburden is moved to these berm locations it will be sloped and compacted by dozers, stabilized and planted. A stormwater BMP will be constructed in the stream on the west side of the southern berm. Appropriate storm water BMPs Will be constructed at each of the other berm sites, but there will be no other impacts to wetlands or waters. 4j. Please upload project drawings for the proposed project. RDU Stream Impact Map.pdf 21.02.24.RDU. Proposed.Stream.Cross.Section.pdf Haul Road Cross Section.pdf Proposed Buffer Impact Map 1-1-2020.pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved f^ Not Verified r Unknown r N/A Corps AID Number: SAW-2012-01974 Sc. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Environmental Services, Inc Other: 3.28MB 189.14KB 501.89KB 3.01 MB O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR The determination was issued on September 5, 2013. It expired on September 5, 2018. A request was sent to the Corps to re -issue the determination, but due to staffing constraints it has not been re -issued. A site visit was conducted With the Corps and DWR on November 23, 2020. 5d1. Jurisdictional determination upload RDU Wetland Determination.pdf 3.37MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? � D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries r Open Waters r Pond Construction 3. Stream Impacts W Buffers 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact F (?) Jurisdiction* length* S1 Road CrossingPermanent Culvert Stream A Perennial Both 4 100 Average (feet) (lirx�rfeet) S2 Overburden Storage 9 Permanent Fill Stream B Intermittent Both 2 550 Average (feet) (linearfcet) S3 BMP Permanent Fill Stream B Intermittent Both 2 50 —] Average (feet) (linearfcet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 700 3i. Total stream and ditch impacts: 700 3j. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. R Neuse r Catawba r Goose Creek r Other 3i. Total temporary stream impacts: 0 r Tar -Pamlico r Randleman r Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Fill P Stream B t!1 to Sycamore Creek Yes 35,716 24,164 Road Crossing P Stream A tJl to Sycamore Creek Yes 3,000 2,000 6h. Total buffer impacts: Total Temporary impacts Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 Zone 2 0.00 0.00 Zone 1 Zone 2 38,716.00 26,164.00 Zone 1 Zone 2 38,716.00 26,164.00 Supporting Documentation Proposed Buffer Impact Map 1-1-2020.pdf E. Impact Justification and Mitigation 1. Avoidance and Minimization 3.01 MB v 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Martin Marietta avoided impacts to all waters in the recent expansion of the quarry and relocation of Westgate Rd. In this proposal, MM is avoiding impacts to wetlands and is avoiding the main stream that bisects the site by only crossing this stream. We are minimizing the impact to impacting as little stream as possible in order to complete the southern overburden berm expansion. The other 3 berm expansions avoid impacts to wetlands and other waters. Through zoning requirements through the City of Raleigh, MM has to leave the possible road corridors open as shown on the map. The proposed crossing on stream A is in a straight section of stream that has already been impacted by a sewer line and powerline easement. The impact crosses perpendicular and is downstream of the confluence, therefore avoiding more impacts. The road also avoids impacts to wetlands. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Appropriate sediment and erosion control measures will be used during construction. All exposed soil will be stabilized quickly. To the extent possible, work will be preformed during times of lowflow. Except for the immediate area of the crossing a 50ft buffer will be maintained on the stream. 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? r Yes r No 2c. If yes, mitigation is required by (check all that apply): W DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank W Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (linear feet) 700 4d. Buffer mitigation requested (DWR only): (squarefeet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: warm 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. r Yes r No 6b. If yes, then identifythe square feet of impact. r7l��impact 6d. Total impact feet) Multiplier 6e. Required mitigation(square (square feet) Zone 1 Fill and Road Crossing 38,716 2 77,432 Zone 2 Fill and Road Crossing 26,164 1.5 39,246 6f. Total buffer mitigation required 116678 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? r Yes r No 6h. Attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. Martin Marietta Raleigh Durham Quarry DIMS Acceptance Letter.pdf 364.78KB 6j. Comments: F. Stormwater Management and Diffuse Flow Plan (required by DWR) c^U 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No What type of SCM are you providing? r Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) r Other SCM that removes minimum 30 % nitrogen W Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The project would not result in additional development. Due to the storage of overburden, this project would actually hamper development on this property. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NA 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Data and site visits Consultation Documentation Upload project_report_martin_marietta_raleigh_dur_29299_29299.pdf 1.28MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NC Natural Heritage Data and site visits 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NCSHPO GIS website and Site Visits 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* NC FEMA Mapping Miscellaneous Comments Miscellaneous attachments not previously requested. Signature * W By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request Within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Thomas Brown Signature TdOldt�s q,,Owjl Date 3/15/2021 January 12, 2021 Ron Kopplin Martin Marietta Materials 2710 Wycliff Road Raleigh, NC 27607 Expiration of Acceptance: 7/12/2021 Project: Martin Marietta Raleigh Durham Quarry County: Wake The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) 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 DMS in- lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. 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 within this time frame, this acceptance will expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS 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 by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Neuse 03020201 Warm Stream 700 Neuse 03020201 Outside Falls Riparian Buffer (Zone 1) 38,716 up to 3:1 Neuse 03020201 Outside Falls Riparian Buffer (Zone 2) 24,164 up to 1.5:1 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, FOR James. B Stanfill Asset Management Supervisor cc: Thomas Brown, agent '(EPPQ Win 400-450--� .00 4 Soil Map—Wake County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 12/7/2020 Page 1 of 33975300397540039755003975600397570039758003975900397600039761003976200397630039753003975400397550039756003975700397580039759003976000397610039762003976300703600703700703800703900704000704100704200704300704400 703600 703700 703800 703900 704000 704100 704200 704300 704400 35° 54' 36'' N 78° 44' 38'' W35° 54' 36'' N78° 44' 5'' W35° 54' 0'' N 78° 44' 38'' W35° 54' 0'' N 78° 44' 5'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 250 500 1000 1500 Feet 0 50 100 200 300 Meters Map Scale: 1:5,400 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Wake County, North Carolina Survey Area Data: Version 20, Jun 3, 2020 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Oct 19, 2019—Oct 28, 2019 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Wake County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 12/7/2020 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CeB Cecil sandy loam, 2 to 6 percent slopes 7.1 9.6% ChA Chewacla and Wehadkee soils, 0 to 2 percent slopes, frequently flooded 13.2 17.8% EnB Enon fine sandy loam, 2 to 6 percent slopes 9.1 12.2% EnD Enon fine sandy loam, 10 to 15 percent slopes 10.3 13.8% GeB Georgeville silt loam, 2 to 6 percent slopes 6.3 8.4% GeC Georgeville silt loam, 6 to 10 percent slopes 6.3 8.5% HeB Helena sandy loam, 2 to 6 percent slopes 0.5 0.7% NaD Nanford silt loam, 10 to 15 percent slopes 9.0 12.1% NaE Nanford silt loam, 15 to 25 percent slopes 6.1 8.1% PaC Pacolet sandy loam, 6 to 10 percent slopes 6.3 8.4% Ur Urban land 0.2 0.2% WkF Wilkes loam, 15 to 30 percent slopes 0.0 0.0% Totals for Area of Interest 74.3 100.0% Soil Map—Wake County, North Carolina Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 12/7/2020 Page 3 of 3 PossibleLeesvilleChurchRoadExtensionP o s sible E b e n e z e r C h u r c h R o a d E xt e n sio nPowerLineEasement Lege nd Streams Proposed Road Crossing Future City of Raleigh Road Allignment Project_Area Wetlands Proposed Berm Footprints Approximate Current Berm Raleigh Durham QuarryProposed Stre am Impact Ma pDrawn by: TLB3/14/2020 ¯ 300 0 300150 Feet Stream A ImpactRoad Crossing100LF Stream B Imp actOverburden Storage550LF Stream B Imp actStormwater BMP50LF Underpassto Quarry 1'Ø9.5'QUARRY:DWN BY:DATE:DWG.JOB. NO.SHEET NO.SCALE:CK. BY:DESIGN FIRM:FILE NAME:52104376108911BY:BY:BY:BY:BY:BY:BY:BY:BY:BY:BY:BY:BYREVISIONDATENO:©BY MARTIN MARIETTA MATERIALS, INC. ALL RIGHTS RESERVED. UNAUTHORIZED DUPLICATION IS PROHIBITED.20191NTSPNPMAR 2021PNPPROPOSED STREAM CROSSING401/404 PERMIT APPLICATIONRDU1RDU.PROP.CROSSINGNOTES:1.ENSURE MINIMUM PIPE COVERMEETS MANUFACTURERRECOMMENDATIONS2.STREAM CHANNEL SHAPE FORILLUSTRATIVE PURPOSES ONLY3.PIPE DIAMETER SHOWN IS MINIMUMTHAT WILL BE INSTALLED 10' clear distance between vehicles100'Typical haul truck profileapprox. 20.0' wide10' clear distance between vehicles & barrierSafety BermCulvert Pipe Fill (Exceeding Pipe Crush Depth)QUARRY:DWN BY:DATE:DWG.JOB. NO.SHEET NO.SCALE:DESIGN FIRM:FILE NAME:52104376108911BY:BY:BY:BY:BY:BY:BY:BY:BY:BY:BY:BY:BYREVISIONDATENO:© BY MARTIN MARIETTA MATERIALS, INC. ALL RIGHTS RESERVED. UNAUTHORIZED DUPLICATION IS PROHIBITED.20201NTSREVISED. BY: TLBJAN 2021PNPROAD CROSS SECTIONPROPOSED HAUL ROAD CROSSINGRDU1Raleigh Durham QuarryApprox. 80ft top width LeesvilleChurchRoadExtensionE b e n e z e r C h u r c h R o a d E xt e n sio n NCCGIA, NC911 Board Lege nd Streams Proposed Road Crossing Future City of Raleigh Road Allignment Project_Area Wetlands Proposed Berm Footprints Approximate Current Berm Proposed Buffer ImpactStream BZone 1: 35,716 sqftZone 2: 24,164 sqft Proposed Buffer ImpactRoad CrossingStream AZone 1: 3,000 sqftZone 2: 2,000 sqft Raleigh Durham QuarryProposed Buffer Impact Map Drawn by: TLB1/13/2020 ¯ 250 0 250125 Feet Property Owner: Address: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2012-01974 County: Wake U.S.G.S. Quad: NC-BAYLEAF NOTIFICATION OF JURISDICTIONAL DETERMINATION Martin Marietta Materials c/o Nuwan Wiiesuriya Post Office Box 30013 Raleigh, North Carolina, 27622 Size (acres) 93.61 Nearest Waterway Sycamore Creek USGS HUC 3020201 Nearest Town Raleigh River Basin Neuse Coordinates Latitude:35.9055 Longitude:-78.7414 Location description: The subject property is located on the northwest corner of Westgate Road and Ebenezer Church Road in Wake 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). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. 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 waters of the U.S. including 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 waters of the U.S. including 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 law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 9/5/2013. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 _ 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 Morehead City, NC, at (252) 808-2808 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 David Shaeffer at 919-554-4884 X31 or David.L.Shaeffer(a,usace.army.mil. C. Basis For Determination: The site exhibits criteria for waters of the U.S. as defined in 33 CFR 328.3, the 1987 Wetland Delineation Manual, the Regional Supplement to the 1987 Manual: Eastern Mountains and Piedmont v2.0, the Ravanos-Carabell Guidance, and Regulatory Guidance Letter 05-05. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as 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 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 11/5/2013. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: , Date: September 5,.2013 Expiration Date: September 5, 2018 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 Surveyor visit httg://perg.mvp.usace.army.mil/`stervev.html to complete the survey online. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Martin Marietta Materials, c/o Nuwan File Number: SAW-2012-01974 Date: September 5, 2013 Wi'esuri a Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ® APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION If. - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: David Shaeffer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1 OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date. Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 LeesvilleChurchRoadExtensionE b e n e z e r C h u r c h R o a d E xt e n sio n NCCGIA, NC911 Board Lege nd Streams Proposed Road Crossing Future City of Raleigh Road Allignment Project_Area Wetlands Proposed Berm Footprints Approximate Current Berm Proposed Buffer ImpactStream BZone 1: 35,716 sqftZone 2: 24,164 sqft Proposed Buffer ImpactRoad CrossingStream AZone 1: 3,000 sqftZone 2: 2,000 sqft Raleigh Durham QuarryProposed Buffer Impact Map Drawn by: TLB1/13/2020 ¯ 250 0 250125 Feet January 12, 2021 Ron Kopplin Martin Marietta Materials 2710 Wycliff Road Raleigh, NC 27607 Expiration of Acceptance: 7/12/2021 Project: Martin Marietta Raleigh Durham Quarry County: Wake The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) 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 DMS in- lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. 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 within this time frame, this acceptance will expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS 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 by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Neuse 03020201 Warm Stream 700 Neuse 03020201 Outside Falls Riparian Buffer (Zone 1) 38,716 up to 3:1 Neuse 03020201 Outside Falls Riparian Buffer (Zone 2) 24,164 up to 1.5:1 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, FOR James. B Stanfill Asset Management Supervisor cc: Thomas Brown, agent NCNHDE-14201 March 15, 2021 Thomas Brown Martin Marietta 2700 Wycliff Rd, Suite 104 Raleigh, NC 27607 RE: Martin Marietta Raleigh Durham; 01 Dear Thomas Brown: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached ‘Documented Occurrences’ tables and map. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is documented within the project area or indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally-listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Martin Marietta Raleigh Durham Project No. 01 March 15, 2021 NCNHDE-14201 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area* Managed Area Name Owner Owner Type City of Raleigh Easement City of Raleigh Local Government *NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally-listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on March 15, 2021; source: NCNHP, Q4 January 2021. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Martin Marietta Raleigh Durham Project No. 01 March 15, 2021 NCNHDE-14201 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Dragonfly or Damselfly 32043 Coryphaeschna ingens Regal Darner 2004-Pre H?5-Very Low ---Significantly Rare G5 S2? Reptile 35477 Ophisaurus attenuatus Slender Glass Lizard 2019-05-13 E 3-Medium ---Significantly Rare G5 S1 Natural Areas Documented Within a One-mile Radius of the Project Area Site Name Representational Rating Collective Rating William B. Umstead State Park R2 (Very High)C3 (High) Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type William B. Umstead State Park NC DNCR, Division of Parks and Recreation State William B. Umstead State Park Dedicated Nature Preserve NC DNCR, Division of Parks and Recreation State NC Land and Water Fund Project NC DNCR, NC Land and Water Fund State City of Raleigh Open Space City of Raleigh Local Government City of Raleigh Open Space - Planned Park City of Raleigh Local Government City of Raleigh Greenway Easement City of Raleigh Local Government City of Raleigh Easement City of Raleigh Local Government City of Raleigh Easement City of Raleigh Local Government City of Raleigh Easement City of Raleigh Local Government City of Raleigh Easement City of Raleigh Local Government City of Raleigh Open Space City of Raleigh Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on March 15, 2021; source: NCNHP, Q4 January 2021. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 Powered by TCPDF (www.tcpdf.org) Page 4 of 4 ID#* 20201696 Version* 1 Regional Office* Central Office - (919) 707-9000 Reviewer List* Rick Trone Pre -Filing Meeting Request submitted 11/6/2020 Contact Name * Thomas Brown Contact Email Address* Thomas.Brown@martinmarietta.com Project Name* RDU Quarry Project Owner* Ron Kopplin, President, East Division, Martin Marietta Project County* Wake Owner Address: Street Address 2700 Wycliff Rd, Suite 104 Address Line 2 aty State / Frovince / Region Raleigh NC Rbstal/Zip Code Country 27607 USA Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: r- 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express W Individual Permit r- Modification r- Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No Do you know the name of the staff member you would like to request a meeting with? Rick Trone Please give a brief project description below. Martin Marietta is requesting a pre -application meeting for impacts to 700 LF of stream associated with a road crossing and Overburden storage. Please give a couple of dates you are available for a meeting. 11 /12/2020 11 /16/2020 11 /23/2020 11 /24/2020 11 /25/2020 Please attach the documentation you would like to have the meeting about. pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature cad 6Rm, Submittal Date 11/6/2020 Reviewer Meeting Request Decision Has a meeting been scheduled?* U Yes U No