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HomeMy WebLinkAbout20031023 Ver 3_Modification Request_20210525Staff Review Form NORTH CAROLINA. £nOr...0[d Quaffty Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* 6* Yes r No ID#* Version* 3 20031023 Is this project a public transportation project?* r Yes r No Reviewer List:* Rick Trone:eads\rvtrone Select Reviewing Office:* Central Office - (919) 707-9000 Does this project require a request for payment to be sent?* r Yes No Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type:* ✓ For the Record Only (Courtesy Copy) ✓ New Project ✓ Modification/New Project with Existing ID ✓ More Information Response ✓ Other Agency Comments ✓ Pre -Application Submittal ✓ Re-Issuance\Renewal Request ✓ Stream or Buffer Appeal Pre -Filing Meeting Information Pre -Filing meeting request information is not needed for this project. Project Contact Information Name: Thomas Brown Who is submitting the information? Email Address: Thomas.Brown@martinmarietta.com Project Information Existing ID #: 20031023 20170001 (no dashes) Existing Version: 3 1 Project Name: Martin Marietta Rocky Point Quarry Is this a public transportation project? r Yes a No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Pender Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document Martin Marietta First Time Out package.pdf MMM Rocky Point Quarry Impact Map 2 of 2, 2-3- 2021.pdf MMM Rocky Point Quarry Impact Table 5-24- 2021.pdf Rocky Point Impact Map Area 2 and 2A 5-24- 2021.pdf Only pdf or k rz files are accepted. Describe the attachments or comments: 8.13MB 1.56MB 84.24KB 1.6MB The Martin Marietta Rocky Point Quarry 401 and Isolated Wetland Permits were issued in December of 2020. In working with the Corps on the attached 404 Permit, Ditches were added to 404/401 Jurisdiction and a mistake was found concerning 2 wetlands on the Impact Table. Martin Marietta is requesting that the existing 401 and Isolated Wetlands permits be modified to match the impacts associated with the Corps permit. The Corrected table and maps with corrected mitigation is attached along with the 404 permit. Sign and Submit fJ By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: Submittal Date: Is filled in automatically. Rocky Point Quarry Wetland Impact Map 2of2 Area 3 &Ar,O�n Area3 �� U U Approxinnate_P jeot Apea 2/l/ / Wetland Impacts Impact Summary Table Area 2 Totals Stream (Linear Ft) 52 1693 1693 Ditch (Linear Ft) JDS 1470 6703 JD7 1403 JD8 1022 JD9 1733 JD12 68 JD14 907 Road Crossing JD13 100 Wetland (Acres) W14 1.82 10.89 W16 1.18 W18 7.89 Isolated Wetland (Acres) W44 0.11 2.66 W24 0.03 W23 0.02 W19 0.01 W20 0.01 W21 0.01 W25 2.47 Isolated Ponds (Acres) P1 0.32 1.07 P2 0.74 Area 2A Totals Stream (Linear Ft) 52 2917 4804 54 1686 55 201 Ditch (Linear Ft) JD 10 522 522 Wetland (Acres) W28 0.07 5.77 W29 0.14 W30 0.28 W34 0.01 W41 5.27 Isolated Wetland (Acres) W26 0.01 5.38 W27 0.02 W33 0.02 W35 0.18 W36 0.05 W42 4.60 W39 0.35 W37 0.09 W38 0.06 Area 3 Totals Wetland (Acres) W3 39.85 39.85 Total Impacts Stream Ditch Wetland Isolated wetland Isolated Pond 6497 Linear Ft 7225 Linear Ft 56.51 Acers 8.03 Acre 1.07 Acres Mitigation Phase 1 Impacts Mitigation Stream 2:1 1693 3386 Riparian Non-Riverine Wetland 2:1 1.82 3.64 Non Riparian Wetland 2:1 9.07 18.14 Phase 2 Impacts Mitigation Stream 2:1 2917 5834 Stream 1:1 1887 1887 Riparian Riverine Wetland 2:1 0.5 1 Non -Riparian Wetland 2:1 5.27 10.54 Phase 3 Impacts Mitigation Non -Riparian Wetland 2:1 39.85 79.7 Isolated Wetland Mitigation Impacts Mitigation Phase 1 2.66 2.66 Phase 2 5.38 5.38 Rocky Point Quarry Area 2 and 2A Impact Map 5/24/2021 Drawn by: Thomas Brown Alk Martin Varietta 990 495 0 990 Feet QCm Legend Area 2 Area 2A 1///, A p p ro x i m a t e_ P roj e ct_A re a Stream Impacts N Ditch_Impacts Wetland Impacts Open Water Impacts Isolated_Wetland_Impacts oura Eat D o oo- -o ��( i w eaNyOriim C IE& Albw, CC, M, Mge89 G�uWG3 , i OE Project Submittal Interim Form Updated September 4, 2020 Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type:* ✓ For the Record Only (Courtesy Copy) ✓ New Project ✓ Modification/New Project with Existing ID ✓ More Information Response ✓ Other Agency Comments !� Pre -Application Submittal ✓ Re -Issuance \Renewal Request C Stream or Buffer Appeal Project Contact Information Name: Thomas Brown Who is submitting the information? Email Address:* Thomas.Brown@martinmarietta.com Project Information Project Name:* Martin Marietta Rocky Point Quarry Is this a public transportation project?* ✓ Yes • No Is the project located within a NC DCM Area of Environmental Concern (AEC)?* (' Yes c: No r Unknown County (ies) * Pender Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document MMM Rocky Point Quarry Impact Table 5-24- 84.24KB 2021.pdf Only pdf or We files are accepted. Describe the attachments or add comments: This request is associated with a request to modify an existing 401 Permit, DWR # 20031023 v3. * FW By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. ■ I, 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 agree that submission of this online 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 online form. Signature:* MOWS s 5 t Submittal Date: Is filled inautomatically once subnitted. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 May 21, 2021 Regulatory Division Action ID: SAW-2003-01159 Martin Marietta Materials Ron Kopplin, President East Division 2235 Gateway Access Point, Suite 400 Raleigh, North Carolina 27607 Dear Mr. Kopplin: In accordance with your written request of December 4, 2019, and the ensuing administrative record, enclosed are two copies of a permit to permanently impact 56.51 acres of wetland, 7,225 linear feet (0.33-ac) of ditches, and 6,497 linear feet of stream to expand mining operations at your Rocky Point facility. You should acknowledge that you accept the terms and conditions of the enclosed permit by signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature, as permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept and agree to comply with all of the terms and conditions of this permit. All pages of both copies of the signed permit with drawings should then be returned to this office for final authorization. A self-addressed envelope is enclosed for your convenience. Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee will be charged for permit applications when the work is noncommercial in nature and provides personal benefits that have no connection with a commercial enterprise...", and "A fee of $100 will be charged for permit applications when the planned or ultimate purpose of the project is commercial or industrial in nature and is in support of operations that charge for the production, distribution, or sale of goods or services." As your application fits the latter category, you are requested to remit your check for $100, made payable to the Finance and Accounting Officer, USAED, Wilmington. The check should accompany the signed and dated copies of your permit. This correspondence contains a proffered permit for the above described site. If you object to this decision, 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 decision you must submit a completed RFA form to the following address: -2- District Engineer, Wilmington Regulatory Division Attn: Emily Greer 69 Darlington Avenue Wilmington, North Carolina 28403 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 July 20, 2021. It is not necessary to submit an RFA form to the Division Office if you do not object to the decision in contained in this correspondence. After the permit is authorized in this office, the original copy will be returned to you; the duplicate copy will be permanently retained in this office. If you have questions, please contact Emily Greer at the Wilmington Regulatory Field Office, telephone 910- 251-4567. Thank you in advance for completing our Customer Survey Form. This can be accomplished by visiting our website at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. and completing the survey on- line. We value your comments and appreciate your taking the time to complete a survey each time you interact with our office. Sincerely, Scott McLendon Chief, Regulatory Division Wilmington District -3- Enclosures Department of Army Permit Permit Special Conditions Approved Project Plans Certificate of Completion Mitigation Responsibility Transfer Forms Hydrology Monitoring Plan 401 Water Quality Certification Appeals Form Copy Furnished with enclosures: Thomas Brown Thomas.Brown@martinmarietta.com DEPARTMENT OF THE ARMY PERMIT Permittee: Martin Marietta Materials, Ron Kopplin Permit No.: SAW-2003-01159 Issuing Office CESAW-RG-L NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: The applicant proposes to permanently impact 56.51 acres of wetland, 7,225 linear feet (0.33-ac) of ditches, and 6,497 linear feet of stream to expand existing mining operations at their Rocky Point Mine. Project Location: Martin Marietta Materials Rocky Point Mine, Rocky Point, Pender County, North Carolina. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on May 21, 2040. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) 1 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit, Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (x) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. 2 e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMII7EE) (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT COMMANDER) (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) 3 U.S.*GOVERNMENT PRINTING OFFICE: 1986 - 717-425 -00- Current Discharge Flow (Shown to Stream) LJ Approximate Current Mine Permit Boundary Undisturbed Buffer Rocky Point Quarry Conceptual Mine Plan C CS/ lat, USDA, J535, G1ar 34D, ttd T:a 413 Latta Craiii' i ty UNDISTURBED UNEXCAVATED BUFFER BUFFER (e.g.,ROAD) 1=111111111-1111 I I —III —I I 1—m—h -I 11=1 I El I El I El I El 11=1 I I -I 11=1 11 _III -III- —I 1I- III=III—III=III—III=III—III=III = -1 I I-1 I I-111E111-111E111E111E111E111E111-1. =1 I I -III -I 11=1 1 1-1 I I-1 1 1-1 I I-1 1 1-1 11=1 I I -I 11=1 =1 I I —I 11=1 I I —III - OVERBURDEN III- III - I 11=1 I I_-1 -III-III-I11=1I, II-III_III-III-III111E11=111-11=11-111--111E1E11E11=1=11=WEI I1 .. . 111= I--1 1-=111-=1-1 1=1=111=1=1=111==1 1=11- 1IIE1=1, 1—11=-111—E1—11-111111-111=11111= 11=1=111-1'' IIE1E111111111111111111111111=117 ROCK BY BY BY BY BY BY BY 19 May 2021 46k, Harnett 401/404 PERMIT APPLICATION PIT CROSS SECTION QUARRY: ROCKY POINT © 2020 BY MARTIN MARIETTA MATERIALS, INC. ALL RIGHTS RESERVED. UNAUTHORIZED DUPLICATION IS PROHIBITED. '. k •••••YNENE.' Jay N _ Legend Area 2 Current Permitted Resource Area Martin .41k variettn 500 250 0 500 Feet Rocky Point Quarry Road Crossing Map 19 May 2021 10/03/2019 Drawn by: Thomas Brown EA Diplianithao 12ageyo, eacpg• iltkie, C IEMImo USDA MSOSo iamaaflD, am, and lila ES 113air ©mummy 19 05' NOTES: 1. ENSURE MINIMUM PIPE COVER MEETS MANUFACTURER RECOMMENDATIONS 2. STREAM CHANNEL SHAPE FOR ILLUSTRATIVE PURPOSES ONLY 3. DIAMETER OF PIPE MAY BE ADJUSTED TO ACCOMMODATE DITCH FLOWRATE. 19 May 2021 BY 10 BY BY BY Martin Marietta BY BY BY PROPOSED HAUL ROAD CROSSING BY BY BY BY DITCH CROSS SECTION BY REVISION QUARRY: ROCKY POINT © 2020 BY MARTIN MARIETTA MATERIALS, INC. ALL RIGHTS RESERVED. UNAUTHORIZED DUPLICATION IS PROHIBITED. DATE FILE NAME:ROCKY.POINT.CROSSING DE IGN FIRM �PNP DATE JAN 2020 JOB NO PNP NTS Typical 5' clear distance between vehicles & barrier Safety Berm Typical haul truck profile approx. 20.0' wide Ms :44 m4 10' clear distance recommended between vehicles [ Typical haul truck profile approx. 20.0' wide wig Ms :Ms4 Fill (Exceeding Pipe Crush Depth) 3 Culvert Pipe Typical 5' clear distance between vehicles & barrier 100' 19 May 2021 BY BY BY BY Marren BY BY BY PROPOSED HAUL ROAD CROSSING BY BY BY BY ROAD CROSS SECTION BY DATE REVISION BY QUARRY Rocky Point © 2020 BY MARTIN MARIETTA MATERIALS, INC. ALL RIGHTS RESERVED. UNAUTHORIZED DUPLICATION IS PROHIBITED. FILE NAME: ROCKY.POINT.CROSSING DE IGN FIRM DWN BY PNP PNP DATE JAN 2020 NTS JOB NO HILL N I 1470 LF 0:35ac 0.06ac 0.09ac 907 LF Rocky Point Quarry Wetland Impact Map 1 of 2 Areas 2 and 2A 2/3/2021 Drawn by: Thomas Brown Alk Martin Varietta 1.82ac 1693LF 0.05 ac w 0.18 ac 1686 LF 0.02ac 1,000 500 0 1,000 Feet 0.03ac 2.47ac 0.02ac 0.01 ac 0.01 ac 0.01 ac 0.11 ac 0.02ac 7� 89ac 0.74ac 0:28 ac 1.18 ac 0:32ac Legend 19 May 2021 Approximate_Project_Area Area 2 /// %// Area 2A N Stream Impacts Ditch_Impacts Wetland Impacts Open Water Impacts Isolated_Wetland_Impacts o Urt- ETL D o oo- -o Epv( ti-. -oo .o Rocky Point Quarry Wetland Impact Map 2 of 2 Area 3 Legend 19 May 2021 L Area 3 Approximate_Project_Area Wetland Impacts aolor E§A Diatt.40,1,1A 12c4D1, Ce, MCA, Me89 AartgaRD, Ahd grix LIL6ar -Callum* SPECIAL CONDITIONS MARTIN MARIETTA ROCKY POINT MINE EXPANSION SAW-2003-01159 1. Work Limits: All work authorized by this permit shall be performed in strict compliance with the approved permit plans, dated by the Corps on 19 May 2021, which are a part of this permit. The permittee shall ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Any modification to the attached permit plans must be approved by the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or wetlands. 2. Notification of Construction Commencement and Completion: The Permittee shall notify the Corps in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. Notifications should be made to emily.c.greer@usace.army.mil or the appropriate Corps county representative. The project completion notification shall include the signed Certificate of Completion (attached). 3. Unauthorized Dredge or Fill: Except as authorized by this permit or any Corps - approved modification to this permit, no excavation, fill, or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities associated with this project, including the removal and disposal of overburden. 4. Project Schedule: The authorized work will be conducted in three phases over the course of approximately 19 years. Phase I includes the area identified in the attached project drawings as Pit 2. Phase I construction will begin between the years 2021 and 2022. Phase 11 includes the area identified as Pit 2A. Construction of Phase 11 is expected to begin between the years 2026-2030. Phase III includes the area identified as Pit 3. Phase III construction is expected to begin between the years 2029- 2035. Changes in the project schedule do not require prior Corps approval; however, authorized impacts must be conducted prior to the permit expiration date. 5. Compensatory Mitigation: In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form (MRFT). The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit. Compensatory mitigation for the permanent loss of 54.19 acres of non -riparian wetland, 1.82 acres of riparian, non-riverine wetland, 0.5-ac of riparian, riverine wetland, and 6,497 linear feet of perennial stream, 108.38 non -riparian wetland credits, 8.64 riparian, non-riverine wetland credits, 1.0 riparian, riverine wetland credits, and 11,629 stream credits shall occur in HUC 03030007 and be debited from an approved mitigation bank or in -lieu fee program in accordance with the following schedule: Project Schedule Authorized Impacts Required Mitigation Phase I, Pit 2 2021-2022 9.07 acres non -riparian wetland; 1.82 riparian, non- riverine wetland; 1,693 linear feet perennial stream 18.14 non -riparian wetland credits; 3.64 riparian, non- riverine wetland credits; 3,386 stream credits from NECFUMB. Phase II, Pit 2A 2026-2030 5.27 acres non -riparian wetland; 0.5-ac riparian, riverine wetland; 4,804 linear feet perennial stream 10.54 non -riparian wetland credits; 1.0 riparian, riverine wetland credits; 7,721 stream credits. Mitigation provider to be determined. Phase III, Pit 3A 2029-2035 39.85 acres non -riparian wetland 79.7 non -riparian wetland credits. Mitigation provider to be determined. Phase I mitigation credits will be debited from NECFUMB sites as specified below and in the corresponding MRTFs attached to the permit: NECFUMB Site Required Mitigation Holly Shelter 18.14 non -riparian wetland credits Jeat 500 stream credits Davis Farm 3.64 riparian, non-riverine wetland credits and 2,886 stream credits The applicant is required to notify the Corps in writing no later than six months prior to commencing Phases II and III. The applicant shall also provide a credit reservation letter from an appropriate mitigation sponsor that reflects the mitigation requirements of that phase, as shown in the above table. Phased impacts shall not occur until the mitigation sponsor has provided a signed copy of the Compensatory Mitigation Responsibility Transfer Form to the Corps. Although mitigation credits must be debited prior to conducting the phased impacts, the applicant may request to purchase bank credits as they become available. In -lieu fee credits shall only be used in the event that an in-service area bank does not have available credits. Also, in -lieu fee credits shall not be debited so far in advance of conducting the impacts as to exclude the option of mitigating at a bank should the Corps be aware that bank credits will be available within a reasonable timeframe from the date of the request and/or the anticipated date when impacts will be conducted. 6. Wetland Hydrology Monitoring: To ensure secondary effects on the hydrology of adjacent wetlands north and south of Pit 3 are not occurring as a result of the project, the Permittee shall conduct hydrologic monitoring of these areas in accordance with the approved monitoring plan titled "Rocky Point Quarry Wetland Monitoring Plan", and dated 21 April 2021 (attached). Conditions of the monitoring plan require baseline data to be collected at least one growing season prior to commencing the authorized work for Phase III and annual reporting to the Corps. The Permittee's responsibility to conduct the required hydrology monitoring will not be considered fulfilled until the Corps determines, in writing, that monitoring is no longer needed. Should data reflect adverse hydrology effects, the applicant shall provide appropriate compensatory mitigation to offset these impacts. Also, should it be determined that mitigation is necessary, the Corps will determine the appropriate mitigation at that time. 7. Maintain Circulation and Flow of Waters: Except as specified in the plans attached to this permit or any Corps -approved modification to this permit, no excavation, fill, or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 8. Culverts: Culverts greater than 48 inches in diameter shall be buried at least one foot below the bed of the stream. Culverts 48 inches in diameter and less shall be buried or placed on the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall be made to maintain existing channel slope. The bottom of the culvert shall be placed at a depth below the natural stream bottom to provide for passage during drought or low flow conditions. Culverts shall be designed and constructed in a manner that minimizes destabilization and head cutting. Measures shall be included in the culvert construction/installation that will promote the safe passage of fish and other aquatic organisms. The dimension, pattern, and profile of the stream above and below a culvert or pipe shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed opening shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Spring flow should be determined from gauge data, if available. In the absence of such data, bankfull flow can be used as a comparable level. The Permittee shall implement all reasonable and practicable measures to ensure that equipment, structures, fill pads, work, and operations associated with this project do not adversely affect upstream and/or downstream reaches. Adverse effects include, but are not limited to, channel instability, flooding, and/or stream bank erosion. The Permittee shall routinely monitor for these effects, cease all work when detected, take initial corrective measures to correct actively eroding areas, and notify this office immediately. Permanent corrective measures may require additional authorization by the Corps. 9. Report Address: All reports, documentation, and correspondence required by the conditions of this permit shall be submitted to by email to emily.c.greer@usace.army.mil or the appropriate Corps county representative. The permittee shall reference the permit number (SAW-2003-001159) in the subject line of all submittals. 10. Compliance with Other Permits: In accordance with 33 U.S.C. 1341(d), all conditions of the North Carolina Division of Water Resources 401 Water Quality Certification #004238, dated 20 December 2020, are incorporated by reference as part of the Department of the Army permit and attached for your convenience. Work is not authorized until all required state and local permits have been obtained. Specifically, the Permittee is required to obtain state permits for mining, stormwater, and sediment and erosion control. A Floodplain Development permit must be obtained from the Pender County Floodplain Administrator prior to commencing the authorized work. The project is required to comply with the existing National Pollutant Discharge Elimination System Industrial General Permit Number NCG020166. Any modifications to required permitting shall be adhered to. 11. Permit Distribution: The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions and drawings, shall be available at the project site during construction and maintenance of this project. 12. Permit Revocation: The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work, will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 13. Reporting Violations: Violation of these permit conditions or violation of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported to the Corps in writing to emily.c.greer@usace.army.mil or the appropriate Corps county representative within 24 hours of the permittee's discovery of the violation. 14. Erosion Control: The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This may include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 15. Clean Fill: The permittee shall use only clean fill material for this project. The fill material shall be free of items such as trash, construction debris, metal and plastic products, and concrete block with exposed metal reinforcement bars. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source. 16. Water Contamination: All mechanized equipment shall be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-3300 or (800) 858-0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act shall be followed. 17. Compliance Inspection: A representative of the Corps will periodically and randomly inspect the work for compliance with these conditions. Deviations from these procedures may result in a directive to cease work until the problem is resolved to the satisfaction of the Corps. 18. Prohibitions on Concrete: The permittee shall take measures to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with any water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms. 19. Threatened and Endangered Species: All necessary precautions and measures will be implemented so that any activity will not kill, injure, capture, harass, or otherwise harm any protected federally listed species. While accomplishing the authorized work, if the permittee discovers or observes a damaged or hurt listed endangered or threatened species, the District Engineer will be immediately notified to initiate the required federal coordination. 20. Discovery of Previously Unknown Remains and Artifacts: Permittees that discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by an NWP, they must immediately notify the district engineer of what they have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. CERTIFICATE OF COMPLETION Action ID Number: SAW-2003-01159 County: Pender Permittee: Martin Marietta Materials, Ron Kopplin Project Name: Martin Marietta Rocky Point Mine Expansion Date Verification Issued: 5/21/2021 Project Manager: Emily Greer Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Emily Greer Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 or emily.c.greer@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Martin Marietta Materials, Ron Kopplin Action ID: SAW-2003-01159 Project Name: Martin Marietta Rocky Point Mine Expansion County: Pender Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030007, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 9.07 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030007, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 18.14 Mitigation Site Debited: NECFUMB-Holly Shelter (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 14 September, 2017 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Office: Email: Select Project Manager Name Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Emily Greer Digitally signed by Emily Greer Date: 2021.05.21 11:58:56 -04'00' May 21, 2021 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 2 of 2 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 http://regulatorv.usacesurvev.com/ to complete the survey online. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Martin Marietta Materials, Ron Kopplin Action ID: SAW-2003-01159 Project Name: Martin Marietta Rocky Point Mine Expansion County: Pender Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030007, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 250 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030007, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 500 Mitigation Site Debited: NECFUMB-Jeat (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 14 September, 2017 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Office: Email: Select Project Manager Name Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 E m i l y Greer Digitally signed by Emily Greer Date:2021.05.21 12:03:47 04'00' May 21, 2021 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 2 of 2 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 http://regulatorv.usacesurvev.com/ to complete the survey online. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Martin Marietta Materials, Ron Kopplin Action ID: SAW-2003-01159 Project Name: Martin Marietta Rocky Point Mine Expansion County: Pender Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030007, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 1,143 1.82 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030007, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 2,286 3.64 Mitigation Site Debited: NECFUMB-Davis Farm (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 14 September, 2017 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Office: Email: Select Project Manager Name Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Emily Greer Digitally signed by Emily Greer Date: 2021.05.21 14:1 1:04 -04'00' May 21, 2021 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 2 of 2 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 http://regulatorv.usacesurvev.com/ to complete the survey online. Ak Martin Marietta Rocky Point Quarry Wetland Monitoring Plan April 21, 2021 1.0 Project Description Martin Marietta Materials, Inc. (MMM) proposes to expand existing mining operations at the Rocky Point mine by excavating two new limestone quarry pits. Pit construction will be conducted using large excavators, drag lines and/or front-end loaders, and large off -road trucks. All discharged water from the pits will meet the water quality standards set forth by the existing NPDES Industrial General Permit Number NCG020166 issued by NC Department of Environment and Natural Resources' (NCDENR) Division of Water Resources. An unexcavated buffer will be maintained around the perimeter outside of the pit area. This buffer will be used for support vehicle and equipment traffic around the pit. In the perimeter of the pit area adjacent to the unexcavated buffer, the overburden will be sloped to the top of the rock and pit wall. As the pit expands, the unexcavated buffer and overburden slope will expand until the outer limits of the pit have been reached. A minimum of 50 feet of undisturbed, wooded buffer will be maintained around the unexcavated buffer and along all property lines and undisturbed wetlands within the project area. To connect the existing northern mine to the new pits, a haul road will be constructed along the eastern property boundary. Overburden material will be hauled via this road to the north and used to backfill existing pits or stockpiled in an area approved by NCDENR's Division of Energy, Mineral, and Land Resources mining permit (Permit No.71-09). Once the overburden has been removed, limestone will be drilled and blasted and then hauled to the plant site for processing. After all of the mineable limestone deposit has been extracted from Area 2-Pit A, mining operations will expand south into Area 2A-Pit A. The construction and mining of Area 3-Pit B will be achieved in a similar manner to that of Pit A. Existing roads will be utilized to haul material from Pit B to the plant site for storage or processing. The depth of each pit depends on the depth of the limestone deposit; however, it is anticipated that pit depths will be approximately A40 feet below land surface. 2.0 Existing Conditions The project site is located adjacent to an existing and active limestone quarry known as the Rocky Point Quarry. The Quarry has been active since 1983. Prior to construction of the Quarry, the site was managed and used for timber. The main infrastructure for this quarry is in place and will also be used to mine the proposed new expansion areas. The area of the proposed mine expansion is comprised of mostly managed pine forestland with some hardwoods such as sweetgum and red maple. The site is located in the North East Cape Fear River Basin (03030007). A portion of the site is located within the floodplain area of the North East Cape Fear River. Soils on the site consist of fine sands, such as Baymeade in the upland marine terraces and mucky soils such as Dorovan and Muckalee in the wetlands and floodplain areas. An Extensive wetland delineation has been conducted on the site. This delineation has been reviewed and approved in the field by the Corps of Engineers and has been submitted for written approval. Wetlands within the area of monitoring are described as headwater/non-riverine swamp forests, which drain in multiple directions off site. Hydrology indicators within this wetland were found to be surface water, saturation, drift deposits, water stained leaves and drainage patterns. Soils were described as high in organic matter and met hydric soil indicators A 1 1 and Al2. 3.0 Purpose of Monitoring MMM is proposing to excavate a limestone quarry pit as shown on the attached Figure 1. This pit will be de -watered in order to extract the limestone deposit. USACE has expressed concerns about potential indirect impacts to nearby wetlands. MMM proposes to monitor these wetlands in order to document the level of impacts, if any, and to compensate for any indirect impacts documented to occur. 4.0 Monitoring Guidelines MMM will install monitoring wells using the ERDC 2005 WRAP guidelines in the locations shown on Figure 1. As depicted per request from the USACE, wells A, B and C will be installed approximately 75ft from the limits of disturbance. Placing the monitoring wells in these areas will assure that any negative impacts from mining will be detected. The wells will be monitored using Onset HOBO Cellular monitoring systems similar to those depicted in the photo shown on Figure 2. The gauges will be programmed to take daily water level measurements and for the measurement data to be saved the data remotely. 5.0 Reporting Gauges will be programmed such that hydrologic data at each monitoring gauge station will be collected daily, with automatic data uploading from each station to a remote database. A monitoring report will be prepared at the end of each year for regulatory agency review and will be submitted by March 31St of the following year. This annual monitoring report will provide shallow groundwater data presented in summary tables and graphs. Rainfall data will also be provided. 6.0 Monitoring Duration, Success Criteria and Regulatory Determination To establish a baseline, monitoring will begin at least one growing season prior to any mining in Pit B. Growing season, as recommended by the Corps, is considered to be February 1 through November 30. Monitoring Reports will be submitted by March 31St of each year. Once mining has commenced, monitoring will continue until mining in Pit B has ceased or a determination is received from the Corps of Engineers that monitoring is no longer required. The wetland type of the area monitored could be described as a Hardwood Flat that could also be described as a Pine Flat due to planting of Pinus taeda. As such NCWAM describes this wetland as seasonally saturated to seasonally inundated. Referencing Table 5 of the 1987 Corps of Engineers Wetland Delineation Manual, seasonally saturated to seasonally inundated should exhibit wetland hydrology for greater than 12.5% of the growing season in most years (50% probability of occurrence). Therefore, this metric along with comparison to baseline and rainfall data will be used to determine if indirect adverse impacts have occurred. If occurrence of indirect adverse impacts to wetlands is documented, the Corps will communicate with the applicant regarding the impacts documented and any additional efforts necessary to further assess the extent of such impacts. If mitigation is necessary to address documented indirect adverse impacts to wetland, the applicant will establish a mitigation plan at that time. Figure 1 Rocky Point Quarry Wetland Monitoring Map Note: Wetland Monitoring Wells A, B and C are to be located 75ft from the limits of disturbance. Monitoring_Well_Locations A p p ro x i m a t e_ P roj e ct_A re a Pit B o11 [ o Diguokotoyo, icr -oo .o Figure 2. ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality December 10, 2020 Martin Marietta ATTN: Mr. Larry Roberts 413 S. Chimney Rock Road Greensboro, NC 27409 DWR # 20031023 v3 Pender County Subject: Approval of Individual Isolated and Other Non-404 Jurisdictional Wetlands and Waters Permit with Additional Conditions Martin Marietta — Rocky Point Quarry (Areas 2, 2A) USACE Action ID. No. SAW-2002-00036 Dear Mr. Roberts: Attached hereto is a copy of Permit No. IWP000006 issued to Larry Roberts and Martin Marietta dated December 10, 2020. This Permit is issued in addition to the Certification No. 3452 issued March 15, 2004 to Martin Marietta for the mining of Area 1 at Rocky Point Quarry and Certification No. 004238 issued December 10, 2020 to Martin Marietta for mining in Areas 2, 2A and 3 at Rocky Point Quarry. The conditions of both remain unchanged an in effect unless modified by the Division. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Permit can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. N D_EQ 0 0 Depot ant of Environmental qel� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Martin Marietta Rocky Point Quarry DWR# 20031023v3 Permit # IWP000006 Page 2 of 8 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Permit shall be final and binding. This Permit completes the review of the Division under 15A NCAC 02H .1300. Please contact Paul Wojoski at 919-707-9105 or Paul.Wojoski@ncdenr.gov if you have any questions or concerns. Sincerely, r—DocuSigned by: Paa lOoto L-949D91BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Division of Water Resources cc: Thomas Brown, Martin Marietta (via email) Emily Greer, USACE Wilmington Regulatory Field Office (via email) Todd Bowers, EPA, (via email) DWR 401 & Buffer Permitting Branch Electronic file Filename: 20031023v3MartinMariettaRockyPointQuarry(Pender)_IWP Martin Marietta Rocky Point Quarry DWR# 20031023v3 Permit # IWP000006 Page 3 of 8 NORTH CAROLINA ISOLATED AND OTHER NON-404 JURISDICTIONAL WETLANDS AND WATERS PERMIT PERMIT # IWP000006 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC 02H .1300 to Mr. Larry Roberts and Martin Marietta who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on December 4, 2019 and fee received December 10, 2019 and subsequent information on May 19, 2020, July 28, 2020, August 10, 2020, and December 9, 2020 and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on January 23, 2020. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the permit below. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .1305(d)] Area 2 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Isolated Wetlands W16 1.18 (acres) 0 (acres) W24 0.03 (acres) 0 (acres) W23 0.02 (acres) 0 (acres) W19 0.01 (acres) 0 (acres) W20 0.01 (acres) 0 (acres) W21 0.01 (acres) 0 (acres) W25 2.47 (acres) 0 (acres) Total for Area 2 Isolated Wetlands 3.73 (acres) 0 (acres) Area 2A Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Isolated Wetlands W26 0.01 (acres) 0 (acres) W27 0.02 (acres) 0 (acres) W33 0.02 (acres) 0 (acres) Martin Marietta Rocky Point Quarry DWR# 20031023v3 Permit # IWP000006 Page 4of8 W35 0.18 (acres) 0 (acres) W36 0.05 (acres) 0 (acres) W42 4.60 (acres) 0 (acres) W39 0.35 (acres) 0 (acres) W37 0.09 (acres) 0 (acres) W38 0.06 (acres) 0 (acres) Total for Area 2A Isolated Wetlands 5.38 (acres) 0 (acres) 1. Mitigation must be provided for the proposed impacts as specified in the tables below. The Division has agreed to allow the permittee(s) to pay their stream and wetland mitigation fees as each phase of the project's construction and the associated impacts, are imminent. The Division has received an acceptance letter from the Northeast Cape Fear Umbrella Mitigation Bank (NCFUM) Until NCFUM receives and clears your payment for a specific phase, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the NCFUM to meet the following compensatory mitigation requirement [15A NCAC 02H .1305(c)]: Phase 1— Impact Area 2 Compensatory Mitigation Required River & Sub -basin Number Isolated Wetlands 3.73 (acres) Cape Fear 03030007 Phase 2 — Impact Area 2A Compensatory Mitigation Required River & Sub -basin Number Isolated Wetlands 5.38 (acres) Cape Fear 03030007 2. Prior to any impacts authorized by Permit, Martin Marietta must update the Modified Alternative Pumping Plan as required by Water Quality Certification #3452, dated March 14, 2004 (and modified on May 14, 2004, May 20, 2004, March 14, 2013 and August 11, 2014) to address monitoring locations impacted by the mine expansion. Written approval must be provided by DWR prior to impacts. [15A NCAC 02H .1305] 3. If monitoring indicates loss of water resources beyond the impacted authorized by this Permit, as determined by DWR, then compensatory mitigation will be required pursuant to 15A NCAC 02H .1305. Martin Marietta Rocky Point Quarry DWR# 20031023v3 Permit # IWP000006 Page 5 of 8 4. A copy of any surface water monitoring plan as required by the Division of Energy, Mineral and Land Resources NPDES Permit and/or Mining Permit shall be submitted to the Division prior to the commencement of mining activities. Additional surface water monitoring requirements may be added by the Division upon review of the surface water monitoring plan(s) approved by the Division of Energy, Mineral and Land Resources. [15A NCAC 02H .1305(b) and (c)] 5. This approval is for the purpose and design described in your application and as described in the Public Notice and as amended in supplemental information supplied to the Division. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Permit. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .1301 and .1302] 6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized under this Permit. [15A NCAC 02H .1301 and .1302] 7. All construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). 8. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent impacts authorized under this Permit. [15A NCAC 02H .1305] 9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. [15A NCAC 02H .1305] 10. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. [15A NCAC 02H .1305] 11. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. [15A NCAC 02H .1305(b)] 12. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. Martin Marietta Rocky Point Quarry DWR# 20031023v3 Permit # IWP000006 Page 6 of 8 Placement of culverts and other structures in streams shall be below the elevation of the stream bed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. [15A NCAC 02H .1305(b)] 13. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200] 14. No temporary impacts are allowed beyond those included in this Permit. All temporary fill and culverts shall be removed, and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H .1305(b)] 15. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Permit. [[15A NCAC 02H .1305(b)] 16. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .1305(b)] 17. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .1305(b) and 15A NCAC 02B .0211 (12)] Martin Marietta Rocky Point Quarry DWR# 20031023v3 Permit # IWP000006 Page 7 of 8 18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .1305(b)] 19. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 20. Mr. Larry Roberts and Martin Marietta shall conduct construction 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 and Federal law. [15A NCAC 02B .0200] If the Division 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, the Division may reevaluate and modify this Permit. Before modifying the Permit, the Division shall notify Mr. Larry Roberts and Martin Marietta and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Larry Roberts and Martin Marietta in writing, shall be provided to the U.S. 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. [15A NCAC 02H .1304(c)] 21. Upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website https://edocs.deq.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .1304(c)] 22. If the property or project is sold or transferred, the new Permittee shall be given a copy of this Permit (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .1304(c)] 23. This Permit neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Permit does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Permit does not create any prescriptive right or any right of priority regarding any usage of water. This Permit shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Permit to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 24. This Permit grants permission to the director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .1302(d)] 25. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this Permit for the project and may also result in criminal and/or civil penalties. Martin Marietta Rocky Point Quarry DWR# 20031023v3 Permit # IWP000006 Page 8 of 8 26. The permittee shall report to the Wilmington Regional Office any noncompliance with this Permit, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. [15A NCAC 02H .1304(c)] 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. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Permit. [15A NCAC 02H .1304(c)(2) and 15A NCAC 02H .1305] This the 10th day of December 2020 .-DocuSigned by: �O[4+ 101,004.4 �949D91BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Division of Water Resources PAW IWP000006 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality December 10, 2020 Martin Marietta ATTN: Mr. Larry Roberts 413 S. Chimney Rock Road Greensboro, NC 27409 DWR # 20031023 v3 Pender County Subject: Approval of Individual 401 and Isolated Water Quality Certification with Additional Conditions Martin Marietta — Rocky Point Quarry (Areas 2, 2A and 3) USACE Action ID. No. SAW-2002-00036 Dear Mr. Roberts: Attached hereto is a copy of Certification No. WQC004238 issued to Larry Roberts and Martin Marietta dated December 10, 2020. This Certification is issued in addition to the Certification No. 3452 issued March 15, 2004 to Martin Marietta for the mining of Area 1 at Rocky Point Quarry and Isolated Waters Permit No. IWP000006 issued December 10, 2020 to Martin Marietta for mining in Areas 2 and 2A at Rocky Point Quarry. The conditions of both remain unchanged an in effect unless modified by the Division. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. N D_EQ 0 0 Depot ant of Environmental qel� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Martin Marietta Rocky Point Quarry DWR# 20031023v3 Individual Certification #WQC004238 Page 2 of 9 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500 and 15A NCAC 02B .0200. Please contact Paul Wojoski at 919-707-9105 or Paul.Wojoski@ncdenr.gov if you have any questions or concerns. Sincerely, ,—DocuSigned by: Pe.Pe.1 leofrola 949D91 BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Division of Water Resources cc: Thomas Brown, Martin Marietta (via email) Emily Greer, USACE Wilmington Regulatory Field Office (via email) Todd Bowers, EPA, (via email) DWR 401 & Buffer Permitting Branch Electronic file Filename: 20031023v3MartinMariettaRockyPointQuarry(Pender)_IC Martin Marietta Rocky Point Quarry DWR# 20031023v3 Individual Certification #WQC004238 Page 3 of 9 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004238 is issued in conformity with the requirements of Section 401, Public Laws 92- 500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 to Mr. Larry Roberts and Martin Marietta who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on December 4, 2019 and fee received December 10, 2019 and subsequent information on May 19, 2020, July 28, 2020, August 10, 2020, and December 9, 2020 and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on January 23, 2020. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] Area 2 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S2 1,693 (linear feet) 0 (linear feet) 404/401 Wetlands W14 1.82 (acres) 0 (acres) W44 0.11 (acres) 0 (acres) W18 7.89 (acres) 0 (acres) Open Waters P1 0.32 (acres) 0 (acres) P2 0.74 (acres) 0 (acres) Total For Area 2 Stream 1,639 (linear feet) 0 (linear feet) 404/401 Wetlands 9.82 (acres) 0 (acres) Open Waters 1.07 (acres) 0 (acres) Area 2A Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Martin Marietta Rocky Point Quarry DWR# 20031023v3 Individual Certification #WQC004238 Page 4of9 Stream S2 2,917 (linear feet) 0 (linear feet) S4 1,686 (linear feet) 0 (linear feet) S5 201 (linear feet) 0 (linear feet) Jurisdictional Ditch JD10 522 (linear feet) 0 (linear feet) 404/401 Wetlands W28 0.07 (acres) 0 (acres) W29 0.14 (acres) 0 (acres) W30 0.28 (acres) 0 (acres) W34 0.01 (acres) 0 (acres) W41 5.27 (acres) 0 (acres) Total For Area 2A Stream 4,804 (linear feet) 0 (linear feet) Jurisdictional Ditch 522 (linear feet) 0 (linear feet) 404/401 Wetlands 5.77 (acres) 0 (acres) Area 3 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands W3 39.85 (acres) 0 (acres) Total For Area 3 404/401 Wetlands 39.85 (acres) 0 (acres) 2. Mitigation must be provided for the proposed impacts as specified in the tables below. The Division has agreed to allow the permittee(s) to pay their stream and wetland mitigation fees as each phase of the project's construction and the associated impacts, are imminent. The Division has received an acceptance letter from the Northeast Cape Fear Umbrella Mitigation Bank (NCFUM) and the NC Division of Mitigation Services (DMS) to meet this mitigation requirement. Until NCFUM and/or DMS receives and clears your payment for a specific phase, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the NCFUM and DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Martin Marietta Rocky Point Quarry DWR# 20031023v3 Individual Certification #WQC004238 Page 5 of 9 Phase 1— Impact Area 2 Compensatory Mitigation Required River & Sub -basin Number Stream 3,386 (linear feet) Cape Fear 03030007 Wetlands 19.64 (acres) Cape Fear 03030007 Phase 2 — Impact Area 2A Compensatory Mitigation Required River & Sub -basin Number Stream 7,721 (linear feet) Cape Fear 03030007 Wetlands 11.54 (acres) Cape Fear 03030007 Phase 3 — Impact Area 3 Compensatory Mitigation Required River & Sub -basin Number Wetlands 39.85 (acres) Cape Fear 03030007 3. Prior to any impacts authorized by certification, Martin Marietta must update the Modified Alternative Pumping Plan as required by Water Quality Certification #3452, dated March 14, 2004 (and modified on May 14, 2004, May 20, 2004, March 14, 2013 and August 11, 2014) to address monitoring locations impacted by the mine expansion. Written approval must be provided by DWR. [15A NCAC 02H .0506] 4. If monitoring indicates loss of water resources beyond the impacted authorized by this certification, as determined by DWR, then compensatory mitigation will be required pursuant to [15A NCAC 02H .0506] 5. A copy of any surface water monitoring plan as required by the Division of Energy, Mineral and Land Resources NPDES Permit and/or Mining Permit shall be submitted to the Division prior to the commencement of mining activities. Additional surface water monitoring requirements may be added by the Division upon review of the surface water monitoring plan(s) approved by the Division of Energy, Mineral and Land Resources. [15A NCAC 02H .0506(b)(5)] Martin Marietta Rocky Point Quarry DWR# 20031023v3 Individual Certification #WQC004238 Page 6 of 9 6. This approval is for the purpose and design described in your application and as described in the Public Notice and as amended in supplemental information supplied to the Division. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502] 7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501 and .0502] 8. All construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). 9. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H .0501 and .0502] 10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. [15A NCAC 02B .0201] 11. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)] 12. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)] 13. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]. Placement of culverts and other structures in streams shall be below the elevation of the stream bed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. Martin Marietta Rocky Point Quarry DWR# 20031023v3 Individual Certification #WQC004238 Page 7 of 9 If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200] 15. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and culverts shall be removed, and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)] 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)] 17. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] 18. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. 19. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] Martin Marietta Rocky Point Quarry DWR# 20031023v3 Individual Certification #WQC004238 Page 8 of 9 20. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)] 21. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 22. Mr. Larry Roberts and Martin Marietta shall conduct construction 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 and Federal law. [15A NCAC 02B .0200] If the Division 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, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Larry Roberts and Martin Marietta and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Larry Roberts and Martin Marietta in writing, shall be provided to the U.S. 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. [15A NCAC 02H .0507(d)(2)] 23. Upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website https://edocs.deq.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)] 24. If the property or project is sold or transferred, the new Permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502] 25. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 26. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 27. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. Martin Marietta Rocky Point Quarry DWR# 20031023v3 Individual Certification #WQC004238 Page 9 of 9 28. The permittee shall report to the Wilmington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 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. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506] This the 10th day of December 2020 —DocuSigned by: Pe 100o/.e 949D91 BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Division of Water Resources PAW WQC004238 NOTIFICATION OF ADNIINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Ron Kopplin, Martin Marietta Materials File Number: SAW-2003-01159 Date: May 21, 2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A F PROFFERED PERMIT (Standard Permit or Letter of permission) 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/Missions/CivilWorks/RegulatoryProgramandPermits.aspx 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 II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division 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. LTION II - 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: r If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: Emily Greer, Regulatory Specialist 69 Darlington Avenue Wilmington, NC 28403 If you only have questions regarding also contact: Mr. Philip Shannin, Administrative the appeal process you may Appeal Review Officer South Atlantic Division CESAD-PDO U.S. Army Corps of Engineers, 60 Forsyth Street, Room 10M15 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: Emily Greer, 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137