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HomeMy WebLinkAbout19950153 Ver 2_Individual_20140408ct o is- 3 v Martin Marietta Materials Greensboro District 413 S Chimney Rock Road Greensboro, NC 27409 Telephone (336) 668 -3253 Y&E ED Fax (336) 668 -1092 April 3, 2014 "' —"� CERTIFED MAIL RETURN RECEIPT REQUESTED 7010 1670 0000 5792 1262 Raleigh Regulatory Field Office Attn: Mr. Thomas Brown United States Army Corp of Engineers --� 3331 Heritage Trade Drive, Suite 105 APR tNR 8 2014 Wake Forest, NC 27587 - w ATE. , ALI Re: 404 IP Application for Proposed Impact of Jurisdictional Wetlands -w drench Martin Marietta's Benson Quarry, Johnston County Dear Mr. Brown: I am officially submitting two (2) copies a 404 Individual Permit application for approval to impact 26 acres of jurisdictional wetlands for the future expansion of the pit at Martin Marietta's Benson Quarry. This submittal is based on the previous discussions that took place with you and the North Carolina Division of Water Resources, in January of 2013. Subsequently, various meetings and field inspections have occurred with NCDWR, NCDWC, and the USFWS to evaluate this project and the success of previous project's that Martin Marietta has completed of similar nature. This proposed pit expansion is needed to extend the life of the quarry operation and access the much needed aggregate reserves that exist on the property. Current reserves at this location will be exhausted in 4 to 6 years, thus impacting the ability to provide construction aggregates to local NCDOT projects and the surrounding community. Of most concern, is NCDOT's plans to widen Interstate I -95 from Virginia to SC, improving our States infrastructure and roadway network and attracting new businesses to NC, all while meeting the aggregate needs of a recovering economy and expanding development opportunities below Raleigh. The North Carolina Department of Environment and Natural Resources regulates the Mining Act of 1972, of which we hold a mining permit ( #51 -18) for this quarry. Benson began operations in 1996 after many years of exploration, evaluation, and ultimately permitting through NCDENR. Since that time, we have conducted our business in an environmentally responsible manner and are now close to exhausting all of the available reserves in the pit and face major operation concerns if additional reserves are not achieved. With the physical obstructions that exist on each side of the quarry, our only option is to expand to the north on property that we lease and control. Within this application, we have evaluated various alternatives to determine the possibilities of accessing additional reserves and believe that the preferred alternative meets the long -term purpose and need of this operation and would most likely, not require additional permitting from the USACE and NCDWR in the future. Therefore, approval of this proposed project is being requested. If sufficient reserves were located outside of the existing wetlands that would meet the purpose and need of this quarry, this application would not be necessary. By copy of this letter, five (5) copies of this application have been submitted to the North Carolina Division of Water Resources, 401 and Buffer Permitting Unit, since written approval is also required under Section 401 of the Clean Water Act. The required $570 application fee to NCDWR is attached to their application copies. This information should meet with your approval. If you have any questions, please contact me at (336) 389 -6616 or e -mail me at brian.northgmartinmarietta.com. Sincerely, TIN MARIETTA MATERIALS, INC. x-4, 00J____ Brian K. North, PE Division Environmental Manager cc: NC DWR 401 and Buffer Permitting Unit (Certified Mall #7010 1670 0000 5792 1255) Benson \404applicationcvr4 -3 -14 U S ARMY CORPS OF ENGINEERS OMB APPROVAL NO 0710 -0003 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES 28 FEBRUARY 2013 33 CFR 325 The proponent agency is CECW -CO -R Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information Send comments regarding this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Und to the Office of Management and Budget, Paperwork Reduction Project (0710 -0003) Respondents should be aware that notwithstanding a Q u�o shall be for failing to with a collection of information if it does not display a currently v F! ! NOT subject to any penalty comply 'L] ," q� RETURN your form to either of those addresses Completed applications must be submitted to the District i 9.jurisdichon tiverJhj a location of the proposed activity PRIVACY ACT STATEMENT APR 8 1014 Authorities Rivers and Harbors Act, Section 10, 33 USC 403, Clean Water Act, Section 404, 33 USC 13 Ma ne Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413, Regulatory Programs of the Corps of Engineers, Final Rule 33 CFR 320- 2 r4=9 _Information provided on this form will be used in evaluating the application for a permit Routine Uses This information may be sh re wonf,bilil sime and other federal, state, and local government agencies, and the public and may be made available as part of a publ r _,Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and /or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application that is not completed in full will be returned (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1 APPLICATION NO 2 FIELD OFFICE CODE 3 DATE RECEIVED 4 DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICANT) 5 APPLICANT'S NAME 8 AUTHORIZED AGENTS NAME AND TITLE (agent is not required) First - John Middle -J Last - Tiberi First - Robert Middle -T Last - Turnbull Company - Martin Marietta Materials, Inc Company - Environmental Services, Inc (ESI) E-mail Address -john tiberi @martmmarietta corn E-mail Address - rturnbull @esmc cc 6 APPLICANT'S ADDRESS 9 AGENT'S ADDRESS Address- 2710 Wycliff Road Address- 524 South New Hope Road City - Raleigh State - NC Zip -27607 Country -USA City - Raleigh State - NC Zip-27610 Country-USA 7 APPLICANT'S PHONE NOs w /AREA CODE 10 AGENTS PHONE NOs w /AREA CODE a Residence b Business c Fax a Residence b Business c Fax 919 - 783 -4668 919- 783 -4695 919 - 212 -1760 919- 212 -1707 STATEMENT OF AUTHORIZATION 11 1 hereby authorize, Robert Turnbull, ES] to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application c� SIGNATU OF APPLICANT DATE AI NA ME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12 PROJECT NAME OR TITLE (see instructions) Benson Quarry Expansion 13 NAME OF WATERBODY, IF KNOWN (if applicable) 14 PROJECT STREET ADDRESS (if applicable) Stony Fork Address 13661 Raleigh Road City - Benson State- NC Zip- 27504 15 LOCATION OF PROJECT Latitude -N 3543085 Longitude -W 7849652 16 OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID 164100 -81 -6856, 165100 -22 -2746 Municipality N/A Section - N/A Township - N/A Range - N/A ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE Page 1 of 3 17 DIRECTIONS TO THE SITE From Interstate 40, take exit 325 for NC 242 Go east on Woodall Dairy Road and travel foi approximately 1 5 miles to the intersection of Woodall Dairy Road and Raleigh Road The existing Benson Quarry facility is located at this intersection To access the expansion site, turn left onto Raleigh Road and travel for approximately 0 5 mile Turn right onto Camilla Road The expansion site is located on the right (south) side of Camilla Road 18 Nature of Activity (Description of project, include all features) Expansion of existing Benson Quarry pit See Attachments for details 19 Protect Purpose (Describe the reason or purpose of the project, see instructions) The purpose of the project is to maximize the life of the Benson Quarry facility See Attachments for details USE BLOCKS 20 -23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20 Reason(s) for Discharge See Attachments 21 Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards 22 Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres or Linear Feet 23 Description of Avoidance, Minimization, and Compensation (see instructions) See Attachments. ENG FORM 4345, OCT 2012 Page 2 of 3 24 Is Any Portion of the Work Already Complete? Yes ❑No IF YES, DESCRIBE THE COMPLETED WORK 25 Addresses of Adjoining Property Owners, Lessees, Etc , Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list) a Address- Billy L and Janice W Woodall, Woodall Revocable Living Trust, 13523 Raleigh Road City - Benson State - NC Zip - 27504 b Address- Dorothy Carolyn Allen, 909 E Main Street City - Benson State - NC Zip - 27504 c Address- Pelon Lanier Paiker, P O Box 607 City - Four Oaks State - NC Zip - 27524 d Address- Teresa McLamb Blackmon, 14188 Raleigh Road City - Benson State - NC Zip - 27504 e Address- Maurilla C and Allen Sewares, 101 Bayview Isle Drive City - Islamorada State - FL Zip - 33036 26 List of Other Certificates or Approvals /Denials received from other Federal, State, or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL* IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER * Would include but is not restricted to zoning, building, and flood plain permits 27 Application is hereby made for permit or permits to authorize the work described in this application I certify that this information in this application is complete and accurate I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant GNATURE AP LICANT DATE SIGNATURE OF AGENT ATE The Zpcation mu a signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly auth gent if the statement in block 11 has been filled out and signed 18 U S C Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both ENG FORM 4345, OCT 2012 Page 3 of 3 Section 404/401 Individual Permit Application Benson Quarry Expansion Johnston County, North Carolina Prepared for: Martin Marietta Materials Prepared by: �] Jr- - 01999 ESf ENVIRONMENTAL SERVICES, INC. 524 South New hope Road Raleigh, North Carolina 27610 April 2014 Environmental Services, Inc. TABLE OF CONTENTS 1.0 PROJECT DESCRIPTION ---------------------------------------------------------------------------------- - - - - -- 2 1.1 Site History and Current Operations------------------------------------------------- --- ---------- -- - - - - - -2 12 Prior Agency Coordination------------------------------------------------------------------------------ - - - - -3 2.0 PURPOSE AND NEED FOR THE PROJECT------------------------------------ ------------------------ - - - --- 4 30 ALTERNATIVE ANALYSIS------------------------------------------------------------------------------------ - - - - -- S 3.1 Alternatives Considered ----------------------------------------------------- - - - - -- ---------------------- - - - - -6 3 11 No Action Alternative ---------------------------------------------------------------------------- 6 3 12 Removal of Existing Waste Pile _______________________________ ____ ___ _________________ __ _ _ _ __ 6 3 13 Relocation of Primary Crushing Station____________________ _______________ __________ __ _ _ __ 7 3 1 4 Pit Expansion Through Wetlands with Diversion Channel North of OverburdenPile ----------------------------------------------------------------------- - - - - -- ------------------ 3 1 5 Pit Expansion Through Wetlands with Diversion Channel South of Overburden Pile (Preferred Alternative)_______________________________ ___________ ________________ ____ 8 31 6 Narrow Pit Expansion Through Wetlands ------------------------------------------------- 9 3 1 7 Construction of New Plant to Johnson Property ______ __ ______ ___ ____________________ 9 3 1 8 New Piton Johnson Property----------------------------------------------------- -------- - - - - -- 10 3 19 Passageway Under Wetlands---------------------------- - - - - -- -------- ------------------ - - - - -- 11 3.2 Alternatives Disnussed ----------------------------------------------------------------------------------------- 11 40 ENVIRONMENTAL SETTING OF PREFERRED ALTERNATIVE -------------------------------- I1 41 Physiograpluc, Topographic, Geology, and Land Use____________ _______________ ____________ _ ___ 12 4.2 Soils ------------------------------------------------------------------------------------------------------------------------- 4.3 Water Resources ------------------------------------------------------------------------------------------- - - - - -- 12 44 Existing Conditions------------------------------------------------------------------------------------------ - - - -12 4.5 Threatened and Endangered Species______________________________________ _____________ __ __________ _ __ _ __ 13 46 Cultural Resources------------------------------------------------------------------------------------------- - - - -14 50 SECTION 404 IMPACTS AND PERMITTING________________________________ __________ ______ ____ __ _________ IS 5.1 Proposed Stream Impacts ------------------------------------------------------------------------------ - - - - -- IS 52 Proposed Wetland Impacts ----------------------------------------------------------------------------- - - - - -- I S 5 2 1 Avoidance and Minimization of Wetland Impacts______ _______ ________________________ IS 53 Compensatory Mitigation------------------------------------------------------- - - - - -- ------------------- - - - -16 6.0 REFERENCES ----------------------------------------------------------------------------------------- - - - -18 APPENDIX A Figures and Cross - Sections APPENDIX B NCDWR Riparian Buffer Letter APPENDIX C. SHPO Clearance Letter APPENDIX D: Mitigation Acceptance Letters from NCEEP and Mitigation Banks Benson Quarry Expansion 1 Environmental Services, Inc. 1.0 PROJECT DESCRIPTION Martin Marietta Materials, Inc (Martin) proposes to expand the existing Benson Quarry facility, located southeast of the intersection of Raleigh Road (SR 1330) and Camelia Road (SR 1354) in Johnston County, North Carolina (Figure 1) The approximately 206 -acre project study area, located immediately north of the existing Benson Quarry facility, consists of mixed hardwood and nixed pine /hardwood communities, agricultural fields, recently clear cut areas, one (1) non- junsdictional farm pond, and previously verified jurisdictional wetlands The area into which Martin proposes this quarry expansion is an approximately 158 acre tract known as the Johnson Property. Martin currently holds a lease on this property and has mining rights on the property. At the time of this pernut request, a portion of tlus 158 acre area is not presently included in the mining permit boundary, which totals 270 acres A mining pen nit modification application has been submitted to the North Carolina Department of Environment and Natural Resources, Land Quality Section to add approximately 100 acres of this property to the pen-rutted boundary Approval of this modification request is expected by June 1, 2014 The proposed quarry expansion activities involve unavoidable impacts to jurisdictional wetlands that are subject to Section 404 regulations under the Clean Water Act (CWA) Martin is therefore, submrttmg an Individual Permit application to the U S Army Comps of Engineers (USAGE) requesting authorization to permanently impact 26 acres of wetlands pursuant to Section 404 of the CWA of 1972 (33 USC 1344) An Individual Water Quality Certification will also be requested from the North Carolina Division of Water Resources (DWR) for these wetland impacts pursuant to Section 401 of the Clean Water Act. The purpose of this document is to provide an evaluation of three general criteria which will be considered as part of the permit process. 1) the relative extent of the public and private need for the proposed activity, 2) the practicability of using reasonable alternative locations and methods to accomplish the objective (purpose and need) of the proposed activity, and 3) the extent of the effects which the proposed activity is likely to have on the public and private uses to which the area is suited, including environmental impacts This document is intended for use by USACE and DWR as the basis for determining the applicant's compliance with the Section 404 (b) (1) guidelines and other Section 404 permitting requirements, and Section 401 water quality certification requirements 1.1 Site History and Current Operations The Benson Quarry was originally selected and permitted by Martin in the early 1990's, due to its location and unique geologic deposit The site was onginally secured in preparation for the construction of Interstate 40 and began mining operations in 1996. At that time and based on years of pervious investigation and test drilling in the area, Martin believed that this site was the only hard rock formation of high quality aggregate located east of Garner, North Carolina, since various other locations in the area had been evaluated and deemed unsuitable for aggregate mining Martin conducted extensive test drilling at other locations in the area to ensure that this site was the best available location and was positioned in manner that would serve the surrounding communities with sufficient aggregate materials for many years to come. During this same time period, Nello -Teer (now Hanson Aggregates) and Vulcan Materials began prospecting in the same general area but neither company found an acceptable location. By chance, Martin came across an old NC Geological Survey Groundwater Report that showed an outcrop of volcanic rock located where Stony Fork flowed under the CSX railroad This parcel was identified as the Maurilla Allen property, located dust south of the Benson Quarry Expansion 2 Environmental Services, Inc. railroad The newer NCGS geologic maps did not show this outcrop or any information related to potential construction grade aggregate in this area There was actually an old Nello -Teer borrow pit on the north side of the railroad tracks, on what is known as the McLamb property, that exposed about two acres of rock. This McLamb property is now the present pit of the Benson Quarry. Martin conducted an extensive prospecting evaluation of the property, including a test shot and materials evaluation Based on the positive results from this prospecting effort, Martin eventually secured a lease on the property with the McLamb family Based on the quality and quantity of the available rock determined in the\ prospecting efforts, Martin discontinued additional prospecting of the previously selected site and other locations in the area Ultimately, Benson Quarry was permitted and was used to supply the stone for the Interstate I -40 project, as well as other projects along the 1 -40 corridor Over the years, Martin has drilled numerous prospect properties in and around the Benson Quarry looking for other desirable minerals, including sand Occasionally, Martin will conduct prospecting efforts in response to a local landowner that believes that they have rock or sand on their property It should be noted that there was available rock located between Benson and Raleigh (along the I -40 corridor) however, the Benson Quarry was selected and opened, due to its location to the market and its unique geologic deposit Since the mid 1990's, Benson has played a mayor role in supplying construction grade aggregates along the I -40 corridor and the surrounding community The mining process begins by removing all of the overburden (soil) above the rock and disposing of it in earthen berms located along the property boundaries or if possible, allowing the material to be transported off -site to nearby construction projects to be used as fill material, if needed The berms serve as visual barriers and provide sufficient buffer from adjoining neighbors and the rruning operation. Once the overburden is removed, drilling and blasting of the rock is conducted, prior to the material being hauled out of the pit to be processed The rock is processed by the use of conveyors, screens, and crushers that transport, separate, and reduce the actual size of the material This process is repeated at various locations within the plant to obtain the particle size and gradation requirements of NCDOT specifications for numerous types of materials that are used in the construction industry. A typical aggregates processing plant can have up to 3 or 4 crushers, 4 or 5 screens, and over 25 conveyors that are necessary to move the material through the process The numerous types of aggregate products that are produced are stockpiled on- site prior to being sold and transported offsite by either truck or rail The area of a typical plant including stockpiles is usually 20 to 30 acres in size, excluding fresh water ponds and settling cells that are necessary for the process. A typical professing plant can cost millions of dollars, excluding the cost of mobile equipment utilized in the construction industry, such as drills, haul trucks, loaders, motor graders, bull dozers, excavators, etc In addition, maintenance shops and other buildings or facilities are necessary in the operation, including employee buildings, office, parts supply, etc These support structures add to the overall cost of a typical quarry operation Over the past 4 years, the volume of shipments has averaged only 440,000 compared to shipments of 1 million tons in 2007 and 2008 As the economy improves and the construction sector rebounds, we anticipate volumes to improve to normal in the future As with any quarry, the ability to access and process available reserves within the boundary of the operation is critical to its life and the service that it provides to the surrounding community and the overall economy of the area. 1.2 Prior Agency Coordination Prior coordination with USACE and/or DWQ regarding this project includes January 15, 2013 - Initial 206 -acre parcel delineation results reviewed by Thomas Brown of USACE July 12, 2013 — Met with Thomas Brown and Jean Gibby of USACE to review project area and discuss potential impacts Benson Quarry Expansion 3 Environmental Services, Inc. o August 19, 2013 — Met with Thomas Brown and Jean Gibby of USACE, Jennifer Burdette of DWR, and Vann Stancil of NCWRC on -site to review project area and discuss potential impacts o October 2, 2013 — Met with Thomas Brown of USACE, Jennifer Burdette of DWR, and Vann Stancil of NCWRC to review stream diversion projects completed at the Pomona and Hickory Quarries o November 13, 2013 — Met with Thomas Brown of USACE, Jennifer Burdette of DWR, Vann Stancil of NCDWC, and John Ellis of USFWS to discuss alternatives and contents of Section 404/401 permit application submittal ® March 21, 2014 — A Nationwide Permit #14 application was submitted to request approval to construct a temporary roadway access across Stoney Fork The access is necessary to allow for the transport of available sand on the Johnson Property to be used in the processing of ABC or base material at the quarry Previous meetings with the regulatory agencies listed above are familiar with Martin's desire and intent on requesting this NWP, which would be Martin's intent even if the IP application was not necessary 2.0 PURPOSE AND NEED FOR THE PROJECT The overall project purpose is to maximize the life of the Benson Quarry, due to the amount of limited reserves that are available for mining at this time. Under the current size and configuration of the facility, the Benson Quarry facility will deplete the existing permitted reserves in approximately 4 -6 years, based on current and expected sales volumes for tlus facility Therefore, Martin will need to identify the alternative that provides the maximum amount of reserves in order to maximize the life of the quarry Martin would also like to accomplish this purpose by obtaining one comprehensive Section 404/401 perrmt at this time in order to avoid the need for future penult applications in the future on the property currently owned and leased by Martin. Additional permit applications could still be necessary if additional property is purchased in the fixture to extend the life of the Benson Quarry. In fact, Martin has postponed this request for jurisdictional impacts only after exhausting (within 4 -6 years) all available reserves at tlus location A previous request for jurisdictional impacts could have been submitted earlier, while many years of available resources still existed. However, Martin felt that approval may not have been obtained due to the amounts of reserves still available at that time Due to the time it would take for purchasing (or leasing) additional property, obtaining the required zoning approvals, obtaining the necessary permitting approvals to conduct such musing efforts, Martin has postponed this request with only lunited amounts of permitted reserves remaining, such that the life of the quarry is critical The pending and future NCDOT projects planned for the Benson area in North Carolina will require substantial amounts of crushed stone to meet the needs of the surrounding community and the improving economy of North Carolina If the life of the Benson Quarry is limited to existing permitted reserves, a supply of construction aggregates will not be readily available The nearest quarries to the Benson Quarry are Martin's Garner Quarry, located 30 miles north near Interstate 40, Hanson Aggregates' Lillmgton quarry, located 40 miles from the Benson Quarry, and Martin's Rocky Point Quarry, located 95 miles south of the Benson Quarry near Interstate 40 Due to the distance of these facilities from the Benson Quarry, the cost of providing aggregate to future construction projects in the area would increase the overall cost of a given project, due to the excessive transportation costs associated with the delivery of the crushed stone products The Benson Quarry is situated in a strategic location with a very limited number of other permitted aggregate facilities nearby Future Benson Quarry Expansion 4 Environmental Services, Inc. NCDOT projects that are planned for this area include the widening of I -95, which is located dust south of the Benson Quarry This project alone will require extensive amounts of aggregates that would greatly influence the overall costs of this project without Benson Quarry being in operation The previous efforts described above to locate, test, acquire sufficient land, zone, and permit the Benson Quarry was quite substantial, and conducting a similar effort to find a new quarry site in the area would have a negative impact on the economic development of this area Based on our extensive research of this area, no other location offers the construction aggregates that Benson provides Most importantly, issues and pernuttmg related to potential wetland impacts at other locations may be similar in nature and scope as to this application request. In order to remove the overburden on the Johnson Property, Martin has also submitted an application for a separate Section 404/401 Nationwide Permit #14 to construct a temporary crossing over the wetland system on the property. As discussed in pervious conversation with the NC DENR -DVWR, and the USAGE, this permit application would be submitted regardless of the decision on the Section 404 /401 Individual Permit being submitted for this quarry expansion 3.0 ALTERNATIVES ANALYSIS Headquarters of the U S Army Corps of Engineers (HQUSACE) guidance from April 22, 1986 and November 1992 requires that alternatives be practicable to the applicant and that the purpose and need for the project must be the applicant's purpose and need This guidance also states that project purpose is to be viewed from the applicant's perspective rather than only from the broad, public perspective. The essential point of the HQUSACE policy guidance is that under the Section 404(b)(1) Guidelines, an alternative must be available to the applicant to be a practicable alternative Section 40 CFR 230 10 (a) of the Guidelines state that "no discharge of dredged or fill material shall be penrutted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant environmental consequences" Pursuant to 40 CFR 230 10(a)(2) practicable alternatives are those alternatives that are "available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purpose" The 404(b)(1) Guidelines Preamble, "Economic Factors ", 45 Federal Register 85343 (December 24, 1980) states, "if an alleged alternative is unreasonably expensive to the applicant, the alternative is not practicable ". Although sufficient information must be developed to determine whether the proposed activity is in fact the least environmentally damaging practicable alternative (LEDPA), the Guidelines do not require an elaborate search for practicable alternatives where, as here, it can be reasonably anticipated that there are only minor differences between the environmental impacts of the proposed activity and potentially practicable alternatives Those alternatives that do not result in discernibly less impact to the aquatic ecosystem may be eliminated from the analysis since section 230 10(a) of the Guidelines only prohibits discharges when a practicable alternative exists which would have less adverse impact on the aquatic ecosystem Since evaluating practicability is generally the more difficult aspect of the alternatives analysis, this approach should save time and effort for both the applicant and the regulatory agency. By initially focusing the alternatives analysis on the question of impacts to the aquatic ecosystem, it may be possible to limit, or eliminate altogether, the number of alternatives which have to be evaluated for practicability. Benson Quarry Expansion 5 Environmental Services, Inc. 3.1 Alternatives Considered Martin has identified alternatives as part of this evaluation and each are discussed in more detail in the following sections These alternatives include a no action alternative, the removal of the existing waste pile, the relocation of the primary crushing station, the expansion of the pit through the on -site wetlands with a diversion channel north of the overburden pile, the expansion of the pit through the on -site wetlands with a diversion channel south of the overburden pile (preferred alternative), a narrow pit expansion through the wetland system, a new pit on the Johnson property, relocation of the plant to the Johnson property, and construction of a passageway under the wetland system 3 1 1 No Action Alternative The no- action alternative is a scenario under which the applicant does not undertake the proposed federal action, the proposed quarry expansion would not occur, and no impacts to jurisdictional areas would be incurred. This alternative is not viable because it does not meet the basic purpose and need of the applicant and cannot provide the necessary extension of the life of the quarry. In this alternative, only 5.50 million tons of available reserves remain in the current pit, wluch would be exhausted within 4 to 6 years In order to access these Imuted reserves, 897,000 yards of overburden would be required to be removed and a portion of this material stored on the existing waste pile dust west of the pit The addition of potential property for overburden storage would also be necessary if some of this overburden material could not be used for local construction fobs and hauled off -site See Figure 1.1 for this alternative. 3 12 Removal of Existing Waste Pile The removal of the existing waste pile located northwest of the existing pit and disposal of the material on the west side of Raleigh Road would extend the life of the quarry This action would require the removal of approximately 3 million cubic yards of overburden material The purchase of additional land west of the existing berm adjacent to Raleigh Road for waste storage would also be required The cost of purchasing adjoining property, if available, would far exceed the $7000 per acre Martin paid in 2004 for the land used for overburden disposal (the existing waste pile) dust west of Raleigh Road The overburden material could also be disposed of on the north and east side of the Johnson Property, which is currently under lease and zoned for quarrying activities If a waste berm were to be constructed on the Johnson Property, a permanent access across the wetlands would be necessary to transport and dispose of the material or the material would need to be transported via truck out the front gate of the quarry and around to the Johnson property Tlus would require thousands of truckloads of material to be moved and would cost about $7.5 million to move over 3 million cubic yards of overburden and material currently deposited on the waste berm In the discussion of this alternative, Martin contracted with Ecological Engineering in Cary, NC to perform a FEMA evaluation to determine if a permanent access or roadway across the existing wetlands was possible to waste overburden on the north and east side of the Johnson Property It was determined that a permanent roadway to cross the wetlands (with the installation of adequate storm drainage pipes to carry the expected 100 -year discharge) would not be possible without causing an increase in the 100 -year flood elevation and potentially flooding property owners upstream. In light of the potential reserves obtained in this alternative, 12.3 million tons of available reserves would be achieved without impacting any Benson Quarry Expansion 6 Environmental Services, Inc. wetlands outside of the access road (if it were possible) across the wetlands. Tlus option would provide the quarry an extended life of 15 to 18 years Therefore, tlus alternative is not viable because it does not maximize the life of the quarry, will likely result in future requests for Section 404/401 permits on the Johnson Property, and therefore does not meet the basic purpose and need of the applicant See Figure 1.2 for this alternative. 3 13 Relocation of Primary Crushing Station This alternative would relocate the existing primary crushing station to expand the existing pit within the area owned by Martin, south of the wetland system Relocating the existing primary crushing station would result in removing 550,000 cubic yards of overburden material and reconstructing the primary plant on the east end of the existing pit. The disposal of this material would be accomplished as explained in Section 3 12, and would cost approximately $1.4 million The cost of constructing a new primary station is estimated to be approximately $7 million The relocation and disposal of the existing overburden in this area would result in a reserves potential of 6.2 million tons and extend the life of the quarry by 7 to 9 years. This alternative is not viable because it does not maximize the life of the quarry, will likely result in future requests for Section 404/401 pernuts on the Johnson Property, and therefore does not meet the basic purpose and need of the applicant. See Figure 1.3 for this alternative. 3.14 Pit Expansion Through Wetlands with Diversion Channel North of Overburden Pile Expanding the pit through the wetlands would require the construction of a permanent diversion channel around the north and east side of the Johnson property to carry the approximately seven square rules of offsrte drainage that comes through the existing wetlands The diversion channel would require the removal and disposal of approximately 12 million cubic yards of overburden at an expected cost of $3 00 per yard or $3.6 million The proposed channel could be constructed without impacting a portion of the existing wetlands on the property This channel would allow Martin to meet the permitting requirements of FEMA and allow for pit expansion to occur at a gradual pace as construction demands continue to increase. Martin would need to rune through approximately 20 acres of wetlands, leaving the remaining wetlands towards the west and a small portion of wetlands located towards the east side of the Johnson property undisturbed Tlus alternative could open 52 million tons of reserves in an additional 60 acre pit expansion This alternative would extend the life of the quarry for approximately 65 to 70 years. VWlule tlus alternative does meet the basic purpose and need of the applicant by maximizing the life of the Benson Quarry, the location of the diversion channel could allow for future secondary impacts to the hydrology in the undisturbed portions of the wetland system The proposed diversion channel for this alternative would be located north of the overburden pile and would divert water around the north and east edges of the Johnson Property In addition, current zoning requirements would not allow the diversion channel to be constructed within 250 feet of Camilla Road, thus impacting the potential reserves as calculated below. The long -term effects of diverting this drainage in the manner described may have an undetermined impact on the hydrology and wetland characteristics within the undisturbed portions of the wetland system to the east and west of the proposed wetland impacts. It is highly likely that these wetland areas would either lose the necessary hydrology for maintaining the quality of the wetland or water would be impounded in the area to the east, Benson Quarry Expansion 7 Enviromnental Services, Inc. resulting in a conversion of the wetland to a surface water. The high potential for these secondary unpacts to these areas and the monitoring/nutigation costs associated with those secondary impacts on time, prevent this action from being the preferred alternative. The 60 -acre pit expansion does maximize the life of the Benson Quarry since no additional reserves are immediately available once tlus action is complete Tlus action would not result in future requests for Section 404/401 permits on the Johnson Property since all remaining reserves are not accessible. Future permit requests may still be necessary if additional property is purchased to extend the life of the quarry However, this alternative does meet the basic purpose and need of the applicant, but allows for potential future wetland impacts due to hydrologic changes in the wetland system that cannot be reasonably predicted. See Figure 1.4 for this alternative 3 15 Pat Expansion Through Wetlands with Diversion Channel South of Overburden Pale (Preferred Alternative) This alternative would expand the pit through the wetlands as in the previous alternative, and would also require the construction of a permanent diversion channel However, tlus alternative proposes to construct the diversion channel diagonally through the middle of the Johnson Property, south of a proposed overburden disposal area Tlus proposed diversion channel would require the removal and disposal of approximately 400 thousand cubic yards of material but allows for on -site disposal of up to 2 70 million cubic yards of overburden on the current Johnson tract. The proposed channel and overburden storage area meets the requirements of the zoning restrictions by off - setting any proposed disturbances outside of the 250' setback from Carmlla Road and along the east and west boundaries of the Johnson property The proposed channel could be constructed in uplands and avoid impacts to additional wetlands on the property as described in Alternative 3 14. Tlus channel would also allow Martin to meet the penmttmg requirements of FEMA by constructing a permanent bridge access across the new channel to access the future disposal area to the north Based on the FEMA model currently being evaluated, the diversion channel would have a bottom width ranging from 100' to 150' (Trapezoidal channel) with a base flow channel of approximately 26' wide, as indicated in Cross - Section No. 1. In this alternative, Martin would need approval to none through approximately 26 acres of the existing wetlands While this is a larger initial impact than Alternative 3 1 4 for expanding through the wetlands, it avoids the possibility of future secondary impacts to the wetland system upstream and downstream of the future pit The undisturbed wetlands on the property are directly upstream and downstream of the proposed diversion channel, therefore, the possibility of changes in hydrology to the undisturbed wetlands would be avoided The existing pit would be expanded an additional 64 acres and could open 55 million tons of reserves. This alternative would expand the life of the quarry over 75 to 80 years, which is the maximum life extension of all alternatives presented in this document Therefore, this alternative is the preferred that meets the LEDPA objectives This action would not result in future requests for Section 404/401 permits on the Johnson Property since it allows access to the maximum feasible reserve quantity. Future permit requests may still be necessary if additional property is purchased to extend the life of the quarry. Benson Quarry Expansion 8 Environmental Services, Inc. Though this alternative provides the highest volume of possible reserves, Martin acknowledges that this alternative would require the approval and construction of a bridge or access across the new diversion channel to access the proposed overburden storage pile in the future Although a 404 permit may be possible for a bridge across the channel, a permanent roadway is not likely to be approved through FEMA, based on the drainage area that passes through the Benson Quarry and the potential for flooding resident's properties upstream Therefore, we have begun to evaluate the engineering aspects of such a bridge and have provided design criteria to be included in the FEMA model that is currently being prepared in conjunction with this project See Figure 1.5 for this alternative 316 Narrow Pit Expansion through Wetlands Pit expansion could also be achieved by mining through a smaller portion of the wetland system to reach the reserves located underneath portions of the Johnson Property This 20- acre wetland impact would be the smallest possible impact, while still allowing for access from the existing pit However, as in Alternative 3 14, current hydrologic conditions in the remaining undisturbed portions of the wetland system would be in jeopardy and could result in future, secondary impacts to the wetland system due to the removal or increase in water. This alternative would open approximately 41 acres of additional pit by opening up 36 Million tons of reserves and expand the life of the Benson Quarry up to 40 to 50 years With the estimated setbacks from Camilla Road as described in alternative 3.1 4, the amount of potential overburden storage would be reduced, thus requiring some additional purchase of adjoining property for future overburden storage This alternative is not viable because it does not maximize the life of the quarry, will likely result in future requests for Section 404/401 permits on the Johnson Property since reserves would still be available under the undisturbed portions of the wetland system. Therefore, this alternative does not meet the basic purpose and need of the applicant See Figure 1.6 for this alternative 3 1 7 Construction of a New Plant to Johnson Property In this alternative, the plant and processing area would be relocated to the Johnson Property and the existing plant area would be used for future mining reserves. This alternative would allow mining activities to take place through the existing plant area, once the construction of a new processing plant was completed on the Johnson Property. The issue of permanent access or connection between the new plant and the pit would require a permanent access across the wetland system, as discussed in the previous Alternatives Also, all new plant equipment would need to be purchased and constructed while the existing plant continued to be operated Approval from the N C Division of Air Quality would also be required before construction and processing of any material could take place on the Johnson Property As with alternative 3 15, this alternative would require either the use of the adjacent public roads or the construction of permanent structure for moving material across the wetland system to the new plant. Although a 404 permit may be possible for a temporary road across the wetlands (as in the case of the NWP #14 currently under consideration), it is unlikely that FEMA could approve a long -term roadway for this option, due to the excessive volume of potential discharge during a 100 -year flood. With the relocation of the plant, a new quarry office, scales, and other support structures would be required, adding additional costs to this alternative. Benson Quarry Expansion 9 Environmental Services, Inc. Additional constraints of this alternative are associated with zoning. In December 2003, Martin obtained zoning approval for the Johnson Property as quarry property The zoning conditions include a ban on quarry access from Camilla Road into the Johnson Property. If this alternative were to be used, Martin would be required to pursue a revision of the zoning conditions, which would likely be met with opposition from residents along Camilla Road and the surrounding community It is Martin's desire to continue its operations at the Benson Quarry with the full support of the community, which would be in jeopardy if a request was made to revise the zoning conditions In addition, the public road system was not constructed to withstand the weight of large quarry trucks and their material loads. Quarry traffic on these roads would cause severe degradation of the public road system This alternative would result in 33.8 million tons of reserves, providing approximately 45 to 49 additional years to the quarry The cost of constructing a new processing plant, office, scales, and support structures would easily be above $15 Million This alternative is not viable because it does not maxinuze the life of the quarry, will likely result in future requests for Section 404/401 permits on the Johnson Property, and therefore does not meet the basic purpose and need of the applicant. See Figure 1.7 for this alternative 31.8 New Pat on Johnson Property This alternative is technically smular to the 3 1.7 alternative in the actual utilization of the Johnson Property and encounters the same types of constraints mentioned above Martin could establish a new pit on the Johnson Property instead of constructing a new processing plant, thus altering the actual use of the Johnson Property from future plant to future pit. This action would require the disposal of approximately 9 million cubic yards of overburden, wluch would require Martin to acquire additional land because current disposal options previously described would not be adequate to store this anticipated volume To open a new pit, much of the proposed area for the future pit would be utilized for sloping of the overburden to get down deep enough to reach the reserves Overburden depths of 80' are present to the north of the Johnson Property, while a depth of 60' of overburden has been determined to near the existing wetlands. With the 250' zoning setback requirements along the east, north, and south property lines of the Johnson Property and the sloping of soil material (2.1 maximum) much of the Johnson Property would not be available for actual rock extraction To illustrate this issue, Cross - Sections 2A and 2B can be used to evaluate the potential reserves in a comparison of tlus alternative and that described in Alternative 1.5 Cross - Section 2A indicates the scenarios of mining a separate pit on the Johnson Property or expanding through the wetlands (as described in Alternative 1 5). Using a North/South view of each of these alternatives, Cross - Section 2B illustrates the potential volume of reserves in a new pit on the Johnson Property or the potential of the pit if it were expanded through the wetlands in Alternative 1.5 Even if a new pit were to be selected, the wedge of reserves that would be lost would ultimately be desired to access and would require a future permitting request to impact the existing wetlands on this property. A "cork- screw" approach would be the result of such a limited surface area of a new pit area to access and transport the material out of the pit for processing This alternative would result in approximately 30 million tons of reserves and expand the life of the quarry by Benson Quarry Expansion 10 Environmental Services, Inc. n approximately 35 -40 years Tlus extension does not maximize the life of the Benson Quarry, will likely result in future requests for Section 404/401 permits on the Johnson Property, and therefore does not meet the basic purpose and need of the applicant In addition, the financial burden, impact to public roads, and zoning requirements needed to pursue this alternative do not make it a viable action for the applicant See Figure 1.8 for this alternative. 31 9 Passageway Under Wetlands Like Alternative 3 1.7 and 3.1 8, tlus alternative involves the future use of the Johnson Property as either a new pit or a new plant processing area but actually focuses on the "access issue" between the existing pit and the Johnson Property To address the access issue across the wetlands, this alternative would propose to construct a passageway underneath the existing wetlands in order to gain access to the Johnson property. This option would require the construction of a 50'x40' portal in order to provide two -lane access for northbound and southbound traffic. The portal would be constructed through solid rock in the wall of the existing pit and reach the Johnson Property approximately 600 to 800 feet north of the wetland system This action would result in the mayor loss of valuable reserves due the configuration requirements of the new pit area that would allow this form of haul road layout The cost of this portal, assuring two lanes, would be approximately $1.2 million to $1.6 million. The other issues related to the two previous alternatives would still be included if this alternative were to be selected The issue does not provide the intent of reaching or obtaining the much needed reserves at this quarry in order to maximize and extend the life of the quarry, which is the focus and intent of the application Therefore, this alternative is not viable because it does not maximize the life of the quarry, will likely result in future requests for Section 404/401 permits on the Johnson Property, and therefore does not meet the basic purpose and need of the applicant See Figure 1.9 for this alternative. 3.2 Alternatives Dismissed The no action alternative, removal of existing waste pile, relocation of primary crushing station, pmt expansion through wetlands with diversion channel north of overburden pile, narrow pmt expansion through wetlands, new pit on the Johnson Property, relocation of the processing plant to the Johnson Property, and passageway under wetlands alternatives are all dismissed from further evaluation because they cannot practicably meet the applicant's stated purpose and need in light of the positive attributes that the preferred alternative possesses 4.0 ENVIRONMENTAL SETTING OF PREFERRED ALTERNATIVE This section presents existing environmental conditions of the project study area and discusses environmental impacts anticipated as a result of the proposed project The project study area has been visited several times by ESI and agency personnel to evaluate existing conditions and to document physical and biological resources The site is located on southwest of the intersection of Raleigh Road (SR 1330) and Camelia Road (SR 1354) Refer to Figure 1 for a Project Location Map. Total size of the project study area is approximately 158 acres Benson Quarry Expansion 11 Environmental Services, Inc 4.1 Physiographic, Topography, Geology, and Land Use The project study area is located on the U S Geologic Survey (USGS) 7 5- rmnute topograpluc quadrangles of Benson and Four Oaks, NC (USGS 1973, 1986). More specifically the site is located northeast of Benson and west of Four Oaks, NC Johnston County is in the western part of the coastal plain physiographic providence of North Carolina Elevations on the site range from a low of approximately 140 feet above mean sea level (MSL) within the wetland system to a high of approximately 205 feet above MSL near Camelia Road The Benson Quarry expansion site is located in the Middendorf formation in the Cretaceous portion of the coastal plain physiographic region (NCDENR 1985) The project study area is located in the Neuse River Basin 4.2 Soils The Soil Survey of Johnston County, North Carolina (USDA 1994) (Figure 2) depicts the following soil mapping units within the study area Altavista fine sandy loam (0 -2% slopes, occasionally flooded), Augusta sandy loam (0 -2% slopes, occasionally flooded), Bibb sandy loam (frequently flooded), Gilead sandy loam (2 -8% slopes), Gilead sandy loam (8 -15% slopes), and Leaf silt loam These are combined into the Gilead -Uchee -Bibb soil association, which is comprised of gently sloping to moderately steep, well drained, moderately well drained, and poorly drained soils on uplands of the piedmont and coastal plain 4.3 Water Resources The project study area is in subbasin 04 of the Neuse River Basin and is located in USGS hydrologic unit 03020201 (USDA 2012, NCDWQ 2010) The Neuse River Basin Riparian Buffer Rules place restrictions on certain development within 50 feet of stream channels and surface waters that are depicted on the most recent version of the USGS quadrangle map (Figure 1) or on the Natural Resource Conservation Service (MRCS) county soils map for Johnston County (Figure 2). Five stream channels, including Stony Fork, and one pond are mapped within the study area on either USGS or NRCS mapping Martin Richmond, formerly of NCDWQ, reviewed the Benson Quarry Expansion site on January 30, 2013 and determined that all of these features would be exempt from the Buffer Rules The Determination Letter from NCDWQ, dated March 11, 2013 and revised May 7, 2013, is included in Appendix B. A Best Usage Classification (BUC) is assigned to waters of North Carolina based on the existing or contemplated best usage of various bodies of water There are no jurisdictional stream channels within the project study area. The jurisdictional wetland system in the study area is associated with Stony Fork Stony Fork, from its source to Hannah Creek (Stream Identification # 27- 52 -6 -2), has a BUC of C;NSW Class C waters are designated for aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture The supplemental classification NSW designates Nutrient Sensitive Waters, which require limitations on nutrient inputs. 4.4 Existing Conditions Elevations on the property range from a low of approximately 140 above Mean Sea Level (MSL) in the wetland system to a high of approximately 210 feet above MSL near Canulla Road. Benson Quarry Expansion 12 Environmental Services, Inc. One wetland system was identified onsite that is subject to Section 404 jurisdiction pursuant to the USACE Jurisdictional Determination from January 2013. This wetland system is abutting Stony Fork upstream and downstream of the study area Tlus wetland system is characterized as Bottomland Hardwood Forest per the North Carolina Wetland Assessment Method (NCWAM). Approximately 40.04 acres of this Section 404 wetland system is present within the study area Uplands on the Johnson Property consist of Mixed Pine/Hardwood Forest, clearcut areas, and agricultural communities. Vegetation in the Mixed Pine/Hardwood Forest is dominated by loblolly pine (Pinus taeda) and sweet gum (Liquidambar styraciflua) Clearcut areas include saplings of those species with pokeweed (Phytolacca americana), winged sumac (Rhus copallinum), and dog fennel (Eupatorium capill folium) The agricultural communities on the property appeared to be recently active; remnants of corn (Zea mays) and soybeans (Glycine max) are present. 4.5 Threatened and Endangered Species Species with the federal classifications of Endangered (E), or Threatened (T), are protected under the Endangered Species Act (ESA) of 1973, as amended (16 U S.C. 1531 et seq.). Four (4) species are listed as T or E by the U S Fish and Wildlife Service (USFWS) as having a range that is considered to extend into Johnston County (list date 12/27/2012) (USFWS 2014). red - cockaded woodpecker (Picoides borealis), dwarf wedgemussel (Alasmidonta heterodon), Tar River spinymussel (Elliptio steinstansana), and Michaux's sumac (Rhus michauxii) Red - cockaded woodpecker — The red - cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine, for foraging and nesting/roosting habitat The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat The foraging range of the RCW is normally no more than 0.5 mule (USFWS 2003) Habitat Present: No Suitable foraging and/or nesting habitat for the RCW does not exist within the study area The study area lacks the open mature pine dommnated community habitat associated with nesting for this species and lacks pine stands greater than 30 years old required for foraging A review of NCNHP records, updated January 2014, indicates no known occurrence of RCW within 10 mule of the study area Biological Conclusion: No Effect Dwarf wedgemussel — The dwarf wedgemussel is typically 1 5 inches in length or smaller with a brown or yellowish brown outer surface. This mussel species typically inhabits streams with moderate flow velocities and substrates varying in texture from gravel to coarse sand to mud with little silt deposition (USFWS 1993a) Habitat Present: No Suitable habitat for the dwarf wedgemussel is not present within the project study area. The wetland system does not consistently include moderate flowing water or the substrate required to provide suitable habitat for this species A review of NCNHP records, updated January Benson Quarry Expansion 13 Environmental Services, Inc. 2014, indicates no known occurrence of dwarf wedgemussel within 1.0 rule of the project study area BIOLOGICAL CONCLUSION: No Effect Tar River spinymussel — The Tar River spinymussel is endemic to the Tar and Neuse River drainage basins in North Carolina This mussel requires a stream with fast flowing, well- oxygenated circumneutral pH water The bottom should be composed of unconsolidated gravel and coarse sand The water needs to be relatively salt -free, and stream banks should be stable, typically with many roots from adjacent riparian trees and shrubs (USFWS 1992) Habitat Present: No Suitable habitat for the Tar River spinymussel is not present within the project study area The wetland system does not consistently include fast flowing water or the substrate required to provide suitable habitat for this species A review of NCNHP records, updated January 2014, indicates no known occurrence of Tar River spinymussel within 1.0 rule of the project study area Michaux's sumac — Michaux's sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky, open, upland woods on acidic or circumneutral, well - drained soils or sandy loam soils with low cation exchange capacities The species is also found on sandy or submesic loamy swales and depressions in the fall line Sandhills region as well as in opemngs along the rim of Carolina bays; maintained railroad, roadside, powerline, and utility rights -of -way, areas where forest canopies have been opened up by blowdowns and/or storm damage, small wildlife food plots, abandoned building sites, under sparse to moderately dense pine or pine/hardwood canopies, and in and along edges of other artificially maintained clearings undergoing natural succession. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. The plant is shade intolerant and, therefore, grows best where disturbance (e g, mowing, clearing, grazing, periodic fire) maintains its open habitat (USFWS 1993b) Habitat Present: Yes Suitable habitat for Michaux's sumac is present within the study area within the areas maintained by agricultural and logging activities On July 22, 2013, ESI biologist Robert Turnbull conducted a species - specific survey for Michaux's sumac within these areas. No individuals were observed A review of NCNHP records, updated January 2014, indicates no known occurrence of Michaux's sumac within 1.0 mile of the project study area. Biological Conclusion: No Effect 4.6 Cultural Resources The term "cultural resources" refers to prehistoric or historic archaeological sites, structures, or artifact deposits over 50 years old "Sigmficant" cultural resources are those sites that are eligible or potentially eligible for inclusion in the National Register of Historic Places Evaluations for cultural resources are required whenever a Section 404 permit application is submitted to USACE. Evaluations of site sigmficance are made with reference to the eligibility criteria of the National Register (33 CFR 60) and in consultation with the North Carolina State Historic Preservation Officer (SHPO) Benson Quarry Expansion 14 Environmental Services, Inc. In 2013, ESI consulted with the North Carolina Office of State Archaeology (OSA) and the Survey and Planning Branch (S &P) of the North Carolina State Historic Preservation Office (SHPO) regarding this project study area Research revealed that no previously recorded archaeological sites are located within or adjacent to the proposed project study area, and no properties listed in or eligible for listing in the National Register of Historic Places are located within a 500 -meter radius. SHPO provided a written response in July 2013 indicating that there are no records of any significant cultural resource issues with the project study area (copy included as Appendix C). 5.0 SECTION 404 IMPACTS AND PERMITTING Section 404 of the CWA requires regulation of discharges into "Waters of the United States ". Although the principal administrative agency of the CWA is the U.S. Environmental Protection Agency (EPA), the ACOE has mayor responsibility for implementation, permitting, and enforcement of provisions of the Act The ACOE regulatory program is defined in 33 CFR 320 -330 Water bodies such as rivers, lakes, and streams are subject to jurisdictional consideration under the Section 404 program However, by regulation, wetlands are also considered "Waters of the United States" 5.1 Proposed Stream Impacts No impacts to Section 404 stream channels will result from the proposed quarry expansion action 5.2 Proposed Wetland Impacts The purpose of the project is to maximize the life and potential reserves of the Benson Quarry in order to meet the local demand of construction aggregate materials As part of the development of this 404 application, on -site and off -site alternatives were evaluated The essential requirements for the development of an aggregate mining expansion are the availability of high quality reserves, the ability to mine the reserves in an economically viable manner (hinted overburden thickness as well as the available thickness of the granite), and available owned or leased land Based on these factors, Martin has demonstrated that there are no off -site alternatives that would meet the intent of the needs of this project nor an on -site alternative that would allow a complete avoidance of impacts to the wetlands located dust north of the existing quarry Therefore, the least damaging practical alternative has been selected Martin has also demonstrated that various alternatives have been evaluated resulting in the preferred alternative that represents the minimum amount of impact to natural resources while still meeting the project purpose. As a result, approximately twenty -six (26) acres of impacts to Section 404 wetlands will result from this quarry expansion action These impacts will occur wmtlun the wetland system located north of the existing quarry 521 Avoidance and Minimization of Wetland Impacts The existing quarry facility is proposed to expand northward towards the wetland system The proposed action will rmmmrze wetland impacts necessary to expand the quarry and avoid the western and easternmost portions of the wetland system within the project study area Wetlands proposed for impact cannot be avoided while still meeting the applicant's stated purpose and need for the expansion of the Benson Quarry. During the investigations that lead to this quarry expansion proposal, Environmental Services, Inc conducted extensive field investigations to evaluate jurisdictional areas within and adjacent to the property In December 2012, ESI conducted a detailed delineation of approximately 40 acres of jurisdictional wetlands, of which, 35.08 acres are located on property controlled by Martin. The USACE approved the Jurisdictional Determination in January of 2013 Incorporating core drilling data and potential wetlands around the property, Benson Quarry Expansion 15 Environmental Services, Inc. we have determined the location of potential impacts to the wetlands on the property to avoid and minimize potential impacts to jurisdictional wetlands and reduce the footprint of the built - out pit, while still meeting the project purpose in providing sufficient reserves for a long -term aggregate mining operation To avoid direct and secondary impacts to wetlands upstream and downstream of the proposed pit, Martin is proposing to construct a diversion channel that will start at the downstream end of upstream wetlands and transport water in the system to wetlands downstream of the proposed expansion This design will prevent future impacts to wetlands outside of the proposed expansion area and maintain hydrologic conditions in the undisturbed wetlands. The acreage of the impacts is the minimum possible to avoid the potential for these future secondary impacts to wetland hydrology Therefore, it is our opinion that the 26 acres of impact proposed in this 404 application is unavoidable in order to meet the project goals and to maintain a long -term viable mining operation in this location Without this impact, future pit reserves would not be available and the quarry would soon be completely extinguished of available aggregates reserves 5.3 Compensatory Mitigation Martin has determined that there are two private ntigation banks in the service area that may be capable of providing mitigation credits for the proposed wetland impacts associated with this project One bank is the Pancho Bank managed by Restoration Systems (RS) and the other is the Nue -Con. Westbrook Lowgrounds Bank that is managed by Environmental Banc and Exchange (EBX), LLC On November 4, 2013, contact was made with Ms Kelly Williams with the North Carolina Ecosystem Enhancement Program ( NCEEP) to discuss this project On November 18, 2013, NCEEP provided an acceptance letter to offset any mitigation credits that would not be available to obtain through RS or EBX With Martin's previous involvement with RS, a meeting was held on October 28, 2013 to discuss the possible wetlands credits available from the Pancho Mitigation Bank As a result, RS provided written authorization on November 8, 2013 of the credits that would be available for this project, including the NWP pernut application previously mentioned in this report. On November 12, 2013, a meeting was also held with EBX to discuss the mitigation credits available for both of the projects under consideration at Benson Written documentation was provided by EBX on November 18, 2013 that outlines the mitigation credits available and the work that is necessary to move forward with EBX on this project Both RS and EBX proposed Pernnttee Responsible Mitigation (PRM) to offset the necessary credits that would be needed after all existing credits were purchased from the two existing mitigation banks described above After much discussion internally, Martin has decided to move away from the PRM process and seek NCEEP for all outstanding credits that the two mitigation banks cannot provide. RS and EBX have been notified of this decision and written correspondence has been requested to revise each proposal outlining the available credits that Martin could purchase for this project Once those revised proposals are received, they will be forwarded to the USACE Benson Quarry Expansion 16 Environmental Services, Inc. Therefore, the necessary mitigation credits needed for this project may be provided by a combination of credits from RS, EBX, and the NCEEP Copies of the original written authorizations or acceptance letters received from RS, EBX, and the NCEEP are included in Appendix D Benson Quarry Expansion 17 Environmental Services, Inc. 6.0 REFERENCES [NCDWQ] N C. Division of Water Quality 2010. Basmwide Information Management System (BIMS) Stream Classification <h2o enr state.nc us /bims> accessed September 2013 [NCNHP] N.0 Natural Heritage Program 2014. January 2014 NHP Element Occurrences, Raleigh, NC. Accessed February 2014 [NCDENR] N.C. Department of Environment and Natural Resources 1985. Geologic Map of North Carolina. [USDA] U.S Department of Agriculture 1994. Soil Survey of Johnston County, North Carolina. United States Department of Agriculture -Soil Conservation Service. 162 pp [USDA] U S. Department of Agriculture. 2012. Watershed Boundary Dataset Natural Resources Conservation Service National Cartography and Geospatial Center [USFWS] U.S Fish and Wildlife Service 1992. Revised Tar Spmymussel Recovery Plan Atlanta, Georgia 34 pp [USFWS] U.S. Fish and Wildlife Service. 1993a Dwarf Wedgemussel Recovery Plan Hadley, Massachusetts 39 pp [USFWS] U S. Fish and Wildlife Service. 1993b Michaux's Sumac Recovery Plan Atlanta, Georgia 30 pp [USFWS] U S Fish and Wildlife Service. 2003 Recovery Plan for the Red - cockaded Woodpecker (Picoldes borealis) Second Revision. Atlanta, Georgia 296 pp [USFWS] U.S. Fish and Wildlife Service 2012 Endangered, Threatened, and Candidate Species and Federal Species of Concern, by County, in North Carolina Johnston County http• / /www fws gov /nc- es /es /countyfr html. Accessed February 2014 [USGS] U.S Geological Survey. 1973 Benson, North Carolina. Topographic 7 5- minute quadrangle map United States Geologic Survey, Washington, D C. [USGS] U S Geological Survey 1986. Four Oaks, North Carolina Topographic 7.5- rmnute quadrangle map United States Geologic Survey, Washington, D C Benson Quarry Expansion 18 Environmental Services, Inc. Appendix A Figures and Cross - Sections Benson Quarry Expansion File: P: \GeoGra\Projec6 120 0611 3 4 \GIS1Plkllocation.mxd Printed: 011028006 3:22 pm �� �i-�• -� "� C' E i' �) ��� ii � - �• %} _ _ ., __ l �' 4 _ / � \ � `ter r• INS ��-/ -- X4 f � •1356 '� - S � / 'j ° "fY1 ;� ��� ;4' • �_ `. �S 200 -n Project Boundary* - "'" < '(,�� _-` •• `Location and extent is approximate. l - • \ �`✓ �' f + •. ` 0 1,000 2,000 - Feet Source: 2011 National Geographic SocietylESRI, I -cubed seamless USGS quadrangles (Benson and Four Oaks, NC); \/ {(� r• Project boundary approximated by �—� 1 �._ _. _r �' Disclaimer: The information depicted on this figure is for •�` ,' _��� �" Informational purposes only and was not prepared for and is not suitable for legal or engineering purposes. ENVIRONMENTAL SERVICES, INC. 524 S. New Hope Road Raleigh, North Carolina 27610 (919)212 -1760 Project Location Benson Quarry Project: ER12191.00 Date: Mar 2014 Drwn /Chkd: KT /RT (919) 212 -1 707 FP J( www.en environmentalservicesinc . com Johnston County, North Carolina Figure: File: P: \GeoGra\Projec6 120 0611 3 4 \GIS1Plkllocation.mxd Printed: 011028006 3:22 pm walip GeB AUCC y �Bb �y t GeB ,y Bb 8b G6 r • Ge6' GeB 8b �. Gee GeB ' GeB Bb Bb s o AaA AaA As AaA StA ' , eB Bb , .. Bb GeB ed No,8 Q d Le ,,.... Gee' r r (; GeB WoB A !'r, ` ' Noe r % �S'�� NoB �' G�E3 , ' GeB �'� -• oProject Boundary* Gr NRCS Soil Boundary Gel) �'� r/ NoB 'Location and extent is approximate. W 301 0 500 1,000 G @B U C B Feet �_ Soil Mapping Units Source: NRCS Soil Survey of Johnston County, 1994; AaA Altavista fine sandy loam, 0 -2% slopes, occasionally flooded Project boundary approximated by ESI. '•_ ASA Augusta sandy loam, 0 -2% slopes, occasionally flooded Bb Bibb sandy loam, frequently Disclaimer: The information depicted on this figure is for Informational flooded purposes only andwas not prepared for, and is notsuitable forlegal or ��., +., GeB Gilead sandy loam, 2-8% slopes engineering purpose s. This information presented is n c for regulatory d ev'law and is intended for use only by a Professional Land Surveyor 1X30 GeD Gilead sandy loam, 8-15% slopes f pd or to regulatory review. . "il► Le Leaf silt loam { ENVIRONMENTAL Project: ER12191.00 SERVICES, INC. NRCS Soils 524 S. New Hope Road Benson Quarry Date: Mar 2014 Raleigh, North Carolina 27610 (919) 2121760 Johnston County, North Carolina Drwn /Chkd: KT /RT l9 19) 212 -1707 FAX www w w.environmenfalservicesinc. com Figure: 2 File ;P:\GeoGra\Projects\2006\1 34 \GISIPIA locabon.mxd Printed; 0110220083:22 pm s V � O •i � a N U O I- LL O 0 z O_ H U W O U s L V q� G ti M fJ 'i t4 ti f3 2 0 Jx� O d O 0 o - m 0 d 0 �o tiff s V � O •i � a N U O I- LL O 0 z O_ H U W O U s L V q� G ti M fJ 'i t4 ti f3 2 L - L �j `' ✓ r� ),•r. Pn � rr - ,:..r`, ( � � �(�� -... �� ; g � ; ,;`� _ �- -.�-�� ✓ter ; N 0 z coo W I 1 U N 10 IT g ti M e_i O � a I III ( - -la 11 is �I. - �- (.111.11 - ! II I T1 -- _ II_ 1 ; ► II -I I I I I I ((I III T(I I I II 1-1, T _ -(I 111111 I IT i ! 11 III. l _ II �_.II- I I 'I 1( � 11 H-1 II I I J_ Etnadan N z 0 H W a U Environmental Services, Inc Appendix B NCDWR Riparian Buffer Letter Benson Quarry Expansion _A *10 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCroy Charles Wakdd PE Governor Director Robert Turnbull Environmental Service, Inc 524 South New Hope Road Raleigh, NC 27610 March 11, 2013 Revised May 7, 2013 John E Skvarla, III Secretary Subject. Surface Water Determination Letter NBRRO #13 -031 Johnston County Determination Type Buffer Cali Isolated or EIP Call ® Neuse (15A NCAC 2B 0233) Start@ Stop@ ❑ Ephemeral /Intermittent/Perennial Determination ❑ Tar - Pamlico (15A NCAC 2B 0259) ❑ Isolated Wetland Determination ❑ Jordan (15A NCAC 2B 0267) X Project Name Benson Quarry Location/Directions Subject property is an undeveloped tract located adjacent to exist Quarry in Benson Subject Stream UT to and Stony Fork Date of Determination: January 30, 2013 Feature E/UP* Not Subject Subject Start@ Stop@ Soil Survey USGS To o A Swamp X No Channel X X B Swamp X No Channel X X C X X X Pond C X X X D X X X E X No stream X - *E111P = Ephemeral /Intermittent/Perennial Explanation The feature(s) listed above has or have been located on the Soil Survey of Johnston County, North Carolina or the most recent copy of the USGS Topographic map at a 124,000 scale Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property Features that are checked 0., "Subject" have been located on the property and possess characteristics that qualify it to be a stream There may Carolina aiura!!y North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Intemet www rimaterquality org 1628 Mail Service Center Raleigh, NC 27699 -1628 An Equal OpportundylAffirmatrve Acton Employer— 50% Recycled/10% Post Consumer Paper Phone (919) 791 -4200 Customer Service FAX (919) 571 -4718 1- 877 - 623 -6748 Benson Quarry Johnston County March 11, 2013 Page 2 of 2 other streams located on your property that do not show up on the maps referenced above but, still may be considered ,jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and /or adjacent owners) is notified of this letter. A request for a determination by the Director shall he referred to the Director in writing c/o Karen Higgins, DWQ WeBSCaPe Unit, 1650 Mail Service Center, Raleigh, NC 27699. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner /future owners should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)- 733 -1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919) -554 -4884. Respectfully, w Martin Ric and Environmental Specialist cc WeBSCaPe —1650 Mail Service Center RRO /SWP File Copy FiM V1GeeGMWT-pcb @00l11741GISWl loc"m m.0 rrimw ui"' --ec pm Environmental Services, Inc Appendix C SHPO Clearance Letter Benson Quarry Expansion North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M Bartos, Adn=strator Governor Pat McCrory Secretary Susan Ktuttz July 30, 2013 Terri Russ Environmental Services, Inc 524 South New Hope Road Raleigh, NC 27610 Re Benson Quarry, Johnston County, ER 13 -1452 Dear Ms Russ Thank you for your letter of July 16, 2013, concerning the above project Office of Archives and History Deputy Secretary Kevin Cherry We have conducted a review of the project and are aware of no historic resources which would be affected by the project Therefore, we have no comment on the project as proposed The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Comphance with Section 106 codified at 36 CFR Part 800 Thank you for your cooperation and consideration If you have questions concerning the above comment, contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579 or renee.p_,ledhill- ea.tley@ncdcr gov In all future communication concerning this project, please cite the above referenced tracking number Sincerely, , n U (2� b5YRamona M Bartos Location. 109 Fast Jones Street, Raleigh NC 27601 Madutg Address 4617 Mail Service Center, Raleigh NC 27699 -4617 Telephone /Fax (919) 807- 6570/807 -6599 Environmental Services, Inc Appendix D Mitigation Acceptance Letters Benson Quarry Expansion Natural Resource Restoration & Conservation November 8, 2013 Mr. Brian North, P.E. Division Environmental Manager Martin Marietta Materials, Inc. 413 S. Chimney Rock Road Greensboro, SC 27409 RE: Compensatory Wetland Mitigation Proposal - Benson Quarry Dear Brian: Please accept this letter proposal as a follow up to the discussion at our office last week regarding compensatory wetland mitigation for Martin Marietta's planned expansion of the Benson Quarry in Johnston County, NC. In preparing our proposal, we kept the following key points in mind: • The proposed impact may be up to 30 acres of riparian wetland; requiring up to 60 acres (or credits) of compensatory wetland mitigation. • Martin Marietta's site construction plans include an engineered diversion channel with ecological features that will provide onsite water quality and quantity (transport and holding) benefits that should be accounted for in the mitigation ratio applied by the regulatory agencies. • Two 404/401 permits may be involved - a nationwide permit (NWP) for site access and crossing; an Individual Permit for the quarry itself. P Martin Marietta is working with the Corps (Thomas Brown) to complete the permitting process within the next four to six months. This proposal takes into account the above points and presents a compensatory mitigation approach that will accomplish Martin Marietta's goals of an efficient and timely permitting process and cost effective, high quality ecological compensation Wetland Mitigation Proposal Go - to provide 30 to 60 acres (or credits) of riparian wetland. Pilot Mill ° 1101 Haynes St, Suite 211 -Raleigh, NC 27604 ° wwwrestorationsysterns corn *Phone 919 755 9490 *Fax 919 7559492 Recognizing that the permitting process is fluid, Restoration Systems understands that the mitigation need is not a definite, known number at this point We believe that the best approach is to offer a mix of released credits from our Pancho Stream and Wetland Mitigation Bank and permittee - responsible mitigation (PRM). The purchase of released and available mitigation credits enables mitigation to occur in advance of project impacts For Martin Marietta's permit, Restoration Systems offers to sell all available (or soon to be available - December 2014) riparian wetland credits from the Pancho Stream at Wetland Mitigation Bank for $65,000 per credit These credits will provide necessary mitigation for the proposed NWP for access and account for any issues related to temporal loss that may be raised by the regulatory agencies in consideration of PRM. For an impact to riparian wetlands such as this, both the size and timing make it difficult to provide mitigation solely through the purchase of credits; PRM must be considered as an option by the regulatory agencies. In the present case, PRM is not only practical (insufficient banked credits available) but also preferable because it enables the permittee and regulatory agencies to accomplish a high degree ecological restoration that is readily identifiable with the permitting action. By contract with Martin Marietta, Restoration Systems will accept full responsibility and liability for the acquisition, implementation, monitoring and longterm success and stewardship of the mitigation project. Restoration Systems will work directly with the Corps and other regulatory agencies to ensure that the project meets or exceeds all relevant standards. Restoration Systems has identified a complex of land parcels in the watershed and adjacent to the Neuse River that would meet the present need exactly in that the site could be assembled and implemented to provide between 40 and 60 acres of wetland restoration. Additionally, the site has available stream restoration that though not needed under the present permitting strategy may provide additional value to the project. Restoration Systems would provide this PRM mitigation to Martin Marietta at a cost of $58,000 per credit of riparian wetland mitigation Summary of Proposed Mitigation 7.4 riparian wetland credits at $65,000 per credit. $481,000 40 to 60 acres of PRM restoration at $58,000 per acre: $2,320,000 to $3,480,000 • Total: $2,801,000 to $3,961,000; dependent on final permitted mitigation requirement; no stream included at this time. 2 Proposed Diversion Channel As part of its site design, Martin Marietta has proposed to construct a diversion channel to move water from the top of the quarry area, around the impact site, and into an existing culvert. Restoration Systems understands and appreciates that this diversion channel will be constructed to provide active, biological improvements to water quality that should be accounted for in the determination of mitigation quantities required for the project. As a part of this proposal, but at no extra cost, Restoration Systems will work closely with Martin Marietta and the permitting consultant to determine the best means to account for the value added or the lessening of the proposed impact by construction of the diversion channel. Thank you for the opportunity to present this proposal to you We are available to discuss further anything that may need clarification. The next steps are to reach agreement terms and begin work. Best regards, Tara Disy Allden 3 Memo 11/18/2013 To Brian K North, PE Division Environmental Manager Martin Marietta Materials, Inc From Matt Fisher Environmental Banc & Exchange, LLC (EBX) Subject Benson Quarry Expansion, Johnston County, NC Brian Per our conversation, EBX would like to provide a turn-key mitigation solution for Martin Marietta Materials, Inc - Benson Quarry Expansion, located in Johnston County, NC The turnkey contract is much like a Permittee Responsible Mitigation (PRM), however, EBX would include a scope of work consisting of project site assembly, securing conservation easements, design, construction, monitoring, and maintenance of the project sites, performance bonds and long -term endowments Under the proposed contract, the turnkey scope of work will be coupled with indemnification against liability for the ecological performance of the project under a fixed price, performance guaranteed structure A turn -key mitigation solution contract is conducted in three phase. Phase 1: Site Identification and Conceptual Nhtigation Plan EBX has two properties under contractual control that are anticipated to produce between 30 -55 Riparian wetland credits at each property Both sites are located in Neuse 03020201 drainage basin Over the next several months EBX will coordinate with your office, and consultants as directed, to match the site that best benefits Martin Marietta Materials, Inc mitigation needs for this project EBX will address the assembly and production of the conceptual mitigation plan to a level appropriate for submission with the 404 permit application for the project and determination of a fixed turnkey price Phase 2: Final Nhtigation Plan: As a team member, EBX will develop the Final Mitigation Plan to the level required by the USACE to allow 404 permit issuance Phase 3: Implementation: EBX will implement work activities as defined by the Final Mitigation Plan and assume long term monitoring and management of the project Next Step: EBX will provide a full proposal that will outline the three phased costs and scope of work associated To do this EBX would like to meet with Martin Marietta Materials, Inc to further understand timelines and project impacts The proposal is structured in multiple phases to provide the ability to respond to input from the regulatory agencies and to provide Martin Marietta Materials with flexibility during the process Brian EBX understands that an option for Martin Marietta Materials, Inc is to propose to the U S Army Corp of Engineers (Corps) to pay into the North Carolina Ecosystem Enhancement Program ( NCEEP) at current rates of $68,502 per acre NCEEP may or may not be allowed to accept the payment due to size of the wetland impacts It can be assumed that a Not -To- Exceed amount would be below $68,502 per acre EBX understands that fixed pricing for a turn-key project must be below this amount to warrant the effort and benefit by Martin Marietta Materials, Inc Best Regards Matt Fisher Environmental Banc & Exchange, LLC (EBX) matt @ebxusa corn ECPSYStp PROGRAM November 18, 2013 Bi ian North, PE Martin Mai ietta Materials, inc — — 413 S- C- hunney -Rock- Road - - -- - -- - - -- - - - - --- - - - -- --- Greensboio, NC 27409 Expiration of Acceptance- May 18, 2014 Project: Martin Marietta's Benson Quaiiy County Johnston The purpose of this letter is to notify you that the North Caiolma Ecosystem Enhancement Program (NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced pioJect as indicated in the table below Please note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation for protect impacts It is the iesponsibility of the applicant to contact these agencies to deter mine if payment to the NCEEP will be approved You must also comply with all other state federal or local government permits regulations of authorizations associated with the proposed activity including SL 2009 -337 An Act to Piomote the Use of Compensatory Mitigation Banks as amended by S L 2011 -343 This acceptance is valid for six months fiom the date of this letter and is not transferable if we have not received a copy of the issued 404 Permit /401 Certification /LAMA permit within this time frame, this acceptance will expire It is the applicant's responsibility to send copies of the permits to NCEEP Once NCEEP receives a copy of the pei mrt(s) an invoice will be issued based on the required mitigation in that pen-nit and payment must be made prior to conducting the authorized woi k The amount of the In- Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www nceep net Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are summarized in the following table The amount of mitigation iequned and assigned to NCEEP foi this impact is deteunined by permitting agencies and may exceed the impact amounts shown below Impact River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq Ft) Buffer II (Sq Ft ) Cold Cool Warm Riparian Non -Ripai ran Coastal Marsh Neuse 1 03020201 0 0 0 25 0 0 0 0 Upon receipt of payment, EEP will take responsibility foi providing the compensatory mitigation The mitigation will be performed in accordance with the N C Department of Environment and Natural Resources' Ecosystem Enhancement Program in -Lieu Fee Instrument dated July 28, 2010 Thank you for your interest in the NCEEP if you have any questions of need additional information, please contact Kelly Williams at (919) 707 -8915 Sincerely, Jame Stanfill Asset Management Supervisor cc Karen Higgins, NCDWR Wetlands /401 Unit Thomas Brown, USACE- Raleigh Martin Richmond, NCDWR - Raleigh File �Zuto .. .. PYDt2Gt OGGY StG P� ®�� ,9• NC ®EI�Et North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 707 -8976 / www nceep net Martin Mariettim MatareaAs VENDOR NO. PO BOX 30013 RALEIGH, NORTH CAROLINA 276 22 -001 3 155242 DATE: CHECK NO. 1470318 03/26/14 DATE INVOICE/CREDIT GROSS AMT ADJ DESC DISCOUNT NET AMOUNT 03/18/14 15524244206031814 57000 401 prmt app fee Bens 57000 L L THE ATTACHED CHECK IS IN PAYMENT FOR ITEMS DESCRIBED ABOVE TOTAL: __ 570.00 570.00 ' Martin Mariana Mai tereals ® � Wells Fargo BanK,N A s 65316 CHECK NO. 01470318 PO BOX 30013 RALEIGH, NORTH CAROLINA 27622 -0013 DATE CHECK AMOUNT 03/26/14 $ * * * * ** *570.00 FIVE HUNDRED SEVENTY AND PAY TO NC DENR DIVISION OF WATER QUALITY 1617 MAIL SERVICE CTR ! ° RALEIGH NC 27699 -1617 II "014703LIDO 1:05310156110 207990013481411' g'4 U�- M-4x�' Authorized Signature ru ru tv ru a 17-1 ru ru Er" ET' r` r,- L1 Ln M E3 E7 ED E7 M O C7 � d Postage $ Certified Fee Petum Receipt Fee T (Endorsement Required) Restneted Delivery Fee (Endorsement Required) PosImark, Hera —M Total Postag r-4 a PN& Thomas Brown o ® ro -------Raleigh Regulatory Field Office a _ US Army Corps of Engineers � O 6treet,Apt No, r� rt or Po sox No 3 331 Heritage Trade Dr , Suite 105 671V :5 §re, zi: Wake Forest, NC 27587 -PS e Ln Ln ® Ln Ln Dr1 ® r r ♦ r r ® ru ru ® n' ^'' Er' I. ® r` r\- Postage Ln Ln O O Certified Fee ® M E3 Return Receipt Fee Postmark Hers E3E3 (Endorsement Required) ® Restricted Delivery Fee ® p O (Endorsement Requ red) 17` r`- `0 Totes Post a a NC Division of Water Resources ® o ® Sent ro & Buffer Permitting Unit r-a a 401 ® O O ° reet' Apt t "' 1650 Mail Service Center r- r� or?oBoxt, ,ctrytt° Raleigh, NC 27699 -1650 or oe � e: