Loading...
HomeMy WebLinkAbout19980623 Ver 3_More Info Received_20220511Strickland, Bev From: Thomas Brown <Thomas.Brown@martinmarietta.com> Sent: Wednesday, May 11, 2022 11:27 AM To: Brown, David W CIV USARMY CESAW (USA) Cc: Homewood, Sue; Stygar, KRYSTYNKA B CIV USARMY CESAW (USA) Subject: [External] RE: Request of Additional Information - Martin Marietta Materials Hickory Quarry Expansion Attachments: Hickory Quarry Permit Application.pdf; Hickory Permit App Addendum 5-11-2022.docx.pdf; Hickory Quarry Adjacent Property Owners.docx Follow Up Flag: Follow up Flag Status: Flagged CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. David, Please see attached Adjacent Property Owner List and Corrected Application Documents. My apologies, I used the Adjacent Property Function in GIS and it did not pick up all of the properties. It should be correct now. If you would like us to FedEx Mailing labels to you, we will be happy to do so. Just let me know. Thanks again, Thomas Brown, PWS Wetland Specialist I East Division Martin Marietta 2235 Gateway Access Point STE 400, Raleigh, NC 27607 m. (919) 268- 5297 e. thomas.brown@martinmarietta.com www.martinmarietta.com From: Brown, David W CIV USARMY CESAW (USA) <David.W.Brown@usace.army.mil> Sent: Tuesday, May 10, 2022 9:34 AM To: Thomas Brown <Thomas.Brown@martinmarietta.com> Cc: Homewood, Sue <sue.homewood@ncdenr.gov>; Stygar, KRYSTYNKA B CIV USARMY CESAW (USA) <Krystyn ka. B. Styga r@ usace. a rmy. m i l> Subject: Request of Additional Information - Martin Marietta Materials Hickory Quarry Expansion EXTERNAL EMAIL 1 Thomas Brown, The Corps has received (May 9, 2022) and reviewed your submitted standard permit application and supporting documents for the Martin Marietta Materials Hickory Quarry Expansion in Hickory, Catawba County, North Carolina. After review and evaluation of the submitted documents the Corps is requesting the following additional information in order for us to consider the application to be complete, per 33 CFR section 325.1(d)(1). 1. Names and addresses of adjoining property owners. The Corps must distribute the public notice for this proposed project to adjoining property owners (33 CFR section 325.3). The list of adjoining property owners should be submitted in a MS -Word file and/or printed on Avery 5162 labels. The adjoining property owners for the proposed project are those property owners who adjoin the mine permit boundary, as noted on figures 5 and 6. Do note, if Martin Marietta or an entity of Martin Marietta owns, holds, or controls an adjoining property, then the adjoining property owner(s) required for the above information are those adjoining owners which are not Martin Marietta or an entity of Martin Marietta (i.e., Martin Marietta cannot adjoin itself). After a cursory review of the of the submitted list of adjacent property owners, there appears a number of property owners were not included • To the east across McDonald Parkway SE (Shuford Development, William Eckard, John Clontz, Corning Cable Systems, Marty Earp, etc.) • To the west (Vega Pacific, Scout Inc, Query Investments, etc.) • To the southeast across 1-40 2. The site coordinates (35.5463, -81.0637) provided on the application and supporting information for the project are incorrect. The correct coordinates for the site are 35.72039, -81.30806. Please provide the information requested by June 30, 2022 or your application will be withdrawn. Once the Corps receives the additional information we can continue to process your application. If you have any questions please contact me. Sincerely, David Brown, PG Regulatory Specialist/Geologist USACE Wilmington District -Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 828-271-7980, ext. 4232 david.w.brown@usace.army.mil 2 U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT 33 CFR 325. The proponent agency is CECW-CO-R. OMB APPROVAL 0710-0003 EXPIRES: 28 FEBRURUARY 2013 Public reporting for this collection of information is estimated to average 11 hours per response, inc uding 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 Division and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. 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 BY APPLICANT) 5. APPLICANTS NAME First - Ronald Middle -M Last - Kopplin Company - Martin Marieta E-mail Address-Ron.Kopplin@martinmarietta.com martinmarietta.com 8. AUTHORIZED AGENTS NAME AND TITLE (agent is not required) First - Thomas Middle - Last - Brown Company - Martin Marietta E-mail Address - Thomas.Browna martimnarietta.com 6. APPLICANTS ADDRESS: Address- 2235 Gateway Access Point City - Raleigh State - NC Zip - 27607 Country -USA 9. AGENTS ADDRESS: Address- 235 Gateway Access Point City - Raleigh State - NC Zip - 27607 Country -USA 7. APPLICANTS PHONE NOs. w/AREA CODE a. Residence b. Business c. Fax 919-510-4777 10. AGENTS PHONE NOs. w/AREA CODE a. Residence b. Business c. Fax 919-268-5297 STATEMENT OF AUTHORIZATION 11. I hereby authorize, Thomas Brown to act in my behalf as my agent in the processing of this application S- 4 -2Z and to furnish, upon request, supplemental information in support of this permit applic1P. n. !f SIGNAT F APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Hickory Quarry Overburden Storage 13. NAME OF WATERBODY, IF KNOWN (if applicable) Clark Creek 14. PROJECT STREET ADDRESS (if applicable) Address 1989 1 l th Ave SE, City Hickory State NC Zip 28602 15. LOCATION OF PROJECT Latitude: oN 35.72039 Longitude: oW-81.30806 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID 371215640891 Municipality Hickory, NC Section - Township - Range - ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 17. DIRECTIONS TO THE SITE The project site is located on the north side of I40, north of 1 lth Ave SE, west of McDonald Parkway SE. From I40, take exit 125 and travel north on Lenoir Rhyne Blvd SE. Turn Right onto llth Ave SE. 18. Nature of Activity (Description of project, include all features) The project involves filling a valley between two existing overburden storage beans for the purposes of storing additional overburden. Within that valley there exists a small intermittent stream. This stream flows down into an emergent wetland which is connected to the main stream, Clark Creek, by a non jurisdictional ephemeral channel. Please see attached Addendum for more information. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) The basic purpose of this project is to cost-effectively mine construction grade Aggregate reserves at the existing Hickory Quarry facility. The overall project purpose is to cost-effectively continue operation of the aggregate quany facility at Hickory by providing storage for overburden to uncover valuable market needed aggregate reserves. Hickory Quarry has currently exhausted all of its current overburden storage options. Without augmentation, it will be unable to uncover reserves to serve market demand. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Hickory Quarry has currently exhausted all of its current overburden storage options. Without augmentation, it will be unable to uncover reserves to serve market demand. Please see attached Addendum for more information. 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 Fill Below OHWM —16 Cubic Yards Fill in Wetland —1000 Cubic Yards 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres 0.27 (includes stream and wetland) or Linear Feet 430 23. Description of Avoidance, Minimization, and Compensation (see instructions) Please see attached Addendum for more information. ENG FORM 4345, OCT 2012 Page 2 of 3 24. Is Any Portion of the Work Already Complete? Yes X 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- PLEASE SEE ATTACHED LIST City - State - Zip - b. Address - City - State - Zip - c. Address - City - State - Zip - d. Address - City - State - Zip - e. Address - City - State - Zip - 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 NC DEQ DEMLR Mining Permit 18-01 2017-10-11 NC DEQ Air Quality Air Permit 04263R16 2020-2-24 NC DEQ DEMLR Stormwater NCG020085 2015-10-1 * 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. 5 -(, -2Z 5/6/2022 PER OF APPLICANT DATE SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent 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 ACGC PROPERTIES LLC 2182 TEAGUE TOWN RD TAYLORSVILLE, NC 28681-7687 ADITYA PRERANA LLC 1725 13TH AVE DR NW HICKORY, NC 28601-8926 ASPHALT PAVING COMPANY ATTN SARAH KEEVER PO BOX 5339 STATESVILLE, NC 28687-5339 BARKER CECIL HENRY HEIRS 3621 14TH ST NE HICKORY, NC 28601-8202 BARKER PATRICK STEPHEN 3621 14TH ST NE HICKORY, NC 28601-8202 BLACKWELDER PROPERTIES FAMILY LIMITED PARTNERSHIP PO BOX 610 ISLE OF PALMS, SC 28602 BOLTON ROY CLINTON 560 20TH STREET PL SE HICKORY, NC 28602-4441 BROWN GEORGE J LFI 1060 16TH ST SE HICKORY, NC 28602-4225 BW HICKORY LLC 2258 US HWY 70 SE HICKORY, NC 28602-5191 CALDWELL FRANKIE CORDELL 648 21ST ST SE HICKORY, NC 28602 CARMAX AUTO SUPERSTORES INC 12800 TUCKAHOE CREEK PKWY RICHMOND, VA 28602 CAROLINA TAPE & SUPPLY CORPORATION PO BOX 2488 HICKORY, NC 28602 CCO TRANSFERS LLC PO BOX 7467 CHARLOTTE, NC 28241-7467 CHAPMAN LARRY JOE PO BOX 2808 HICKORY, NC 28603-2808 CHARIS FOUNDRY LLC 2783 NC HWY 68 S STE 114 HIGH POINT, NC 27265-8325 CLARK BILLY DEAN 1920 11TH AVE SE HICKORY, NC 28602-4324 CLONTZ JOHN WILLARD 1080 22ND ST SE HICKORY, NC 28602-8390 CNS REAL ESTATE LLC 1087 13TH ST SE HICKORY, NC 28602-4165 COMBS ROBERT LEE JR 818 45TH AVE LN NE HICKORY, NC 28601-7311 CORNING CABLE SYSTEMS LLC ONE RIVERFRONT PLAZA MP-HQ-02-E05 CORNING, NY 28602 COUNTY WIDE INSURANCE AGENCY INC PO BOX 730 CLAREMONT, NC 28610-0730 CRANDALLJAMES A 4019 BLACK OAK RD HICKORY, NC 28602-9723 CROOKS ALAN R 965 16TH ST SE HICKORY, NC 28602-4248 CROOKS ALAN RJR 1021 16TH ST SE HICKORY, NC 28602-4226 CROSSROADS 3 LLC 618 6TH AVENUE PL NW HICKORY, NC 28601-3575 CURTIS JIMMY RAY 1920-B 11TH AVE SE HICKORY, NC 28602-4324 CURTIS TRUDY CLARK 1920B 11TH AVE SE HICKORY, NC 28602-4324 DAVIS CHARLES R 1062 22ND ST SE HICKORY, NC 28602-8390 DEVLIN TEAL AMY 2073 6TH AVE SE HICKORY, NC 28602-4425 DUGGER TONY FRANKLIN LFI 1067 16TH ST SE HICKORY, NC 28602-4226 DUKE ENERGY CAROLINAS LLC 400 SOUTH TRYON ST STE 30C CHARLOTTE, NC 28285-1900 EARP MARTY J 309 PEARSON KNOB LN TAYLORSVILLE, NC 28681-3818 ECKARD WILLIAM DAVID JR PO BOX 11244 HICKORY, NC 28603-4744 FISHER STEWART MITCHELL 127 14TH ST SE HICKORY, NC 28602-1304 FOX RICHARD E 1108 21ST AVE NE HICKORY, NC 28601-1614 FRANKLIN HELEN SCHWARTZ HEIRS 608 20TH ST SE HICKORY, NC 28602-4414 FURNITURE ENTERPRISES OF HICKORY 2258 US HIGHWAY 70 SE STE 101 HICKORY, NC 28602-5190 FURNITURE INN INC 2258 US HIGHWAY 70 SE STE 101 HICKORY, NC 28602-5190 H & S GROUP LLC 441 19TH ST SE HICKORY, NC 28602-4232 HADLEY WILLIAM F 2425 N CENTER ST PMB 303 HICKORY, NC 28601-1320 HAGER WORLDWIDE INC 441 19TH ST SE HICKORY, NC 28602 HENDRICK HICKORY INVESTORS 6000 MONROE RD STE 100 CHARLOTTE, NC 28212-6178 HICKORY CITY OF PO BOX 398 HICKORY, NC 28603-0398 HICKORY LAGNIAPPE LLC 3115 6TH ST M ETAI RI E, LA 70002-2044 HICKORY THROWING CO 520 20TH ST SE HICKORY, NC 28602-4412 HILTON MATERIALS LLC 5979 APPALOOSA WAY GRANITE FALLS, NC 28630-9315 I BARRA JAVI E R OROSCO 2082 6TH AVE SE HICKORY, NC 28602-4424 ISENHOUR CARL EDGAR HEIRS 2838 SANDY FORD RD NEWTON, NC 28658-9239 ISENHOUR SANDRA REVOCABLE TRUST 2838 SANDY FORD RD NEWTON, NC 28658-9280 KNITMORE GROUP LLC 6300 CLAUDE BRITTAIN RD HICKORY, NC 28602-9571 LAIL DONALD RAY 510 20TH STREET PL SE HICKORY, NC 28602-4441 LAIL GRAHAM LEROYJR 3619 LINKS DR NE CONOVER, NC 28602 LAIL PANSY PLEMMONS HEIRS 1034 PHIL DR CONOVER, NC 28613-8559 LONG COMMUNICATIONS LLC PO BOX 1059 HICKORY, NC 28603-1059 LR PROPERTIES OF THE TRIAD II LLC 1337 WINSTEAD PL GREENSBORO, NC 27408-8026 LT SQUARE LLC 520 20TH ST SE HICKORY, NC 28602-4412 MAB PROPERTIES LLC PO BOX 5188 MOORESVILLE, NC 28117-5188 MAJEED JENNY 836 17TH AVENUE DR SE HICKORY, NC 28602-8327 MDC NC1 LP PO BOX 6969 SYRACUSE, NY 13217-6969 MILES INVESTMENTS LLC 1055 13TH ST SE HICKORY, NC 28602-4165 MOMENTUM BLUE RIDGE PROPERTIES LLC 655 N EASTERN BLVD MONTGOMERY, AL 36117-2215 MORRISON EDITH WHITENER LIVING TRUST 1502 CORINNE CT SANTA MARIA, CA 93454-3328 NCWPCS SKYTREE MPLTOWER HOLDINGS LLC 1010 PINE 9E-L-01 SAINT LOUIS, MO 63101-2070 OAK PLANTATION LLC PO BOX 3669 HICKORY, NC 28603-3669 PARHAM BARBARA B 1050 16TH ST SE HICKORY, NC 28602-4225 PCA DEVELOPMENT LLC 2258 US HIGHWAY 70 SE HICKORY, NC 28602-5191 PCA HAI LLC 2258 HWY 70 SE HICKORY, NC 28602-5191 PHILLIPS LENA G 2004 6TH AVE SE HICKORY, NC 28602-4424 PTM LP 5700 6TH AVE ALTOONA, PA 16602-1111 QUERY INVESTMENTS LLC 1300 AVONLEA CT CHESAPEAKE, VA 23322-4282 ROMERO OSCAR ALBERTO HERNANDEZ 1065 16TH ST SE HICKORY, NC 28602-4226 RUDISILL & COULTER INVESTMENT LLC 1156 FAIRWAY DR NEWTON, NC 28658-9273 RW ENTERPRISE LLC PO BOX 7061 STATESVILLE, NC 28687-7061 SAIN BRETT S 1064 16TH ST SE HICKORY, NC 28602 SAIN DOROTHY HEIRS 604 34TH ST NE CONOVER, NC 28613-8645 SAM MCCALL FAMILY LIMITED PARTNERSHIP PO BOX 16007 GREENSBORO, NC 27416-0007 SANCHEZ JUANA FLORES DE 1040 15TH ST SE HICKORY, NC 28602-4223 SCHRONCE OVEIN ALBERT 2216 4TH AVE NW HICKORY, NC 28601-4616 SCHWANDT DANIEL R 64 DEERFIELD LN TAYLORSVILLE, NC 28681-7696 SCOUT INC PO BOX 695 BANNER ELK, NC 28604-0695 SENDROFF DAVID 2819 US HIGHWAY 70 SE HICKORY, NC 28602-8691 SHERRILL-HUNSUCKER 536 N CENTER ST HICKORY, NC 28601-5035 SHUFORD DEVELOPMENT INC 1985 TATE BLVD SE STE 756 HICKORY, NC 28602-1433 SIGMON WILLIAM DARRELL 1722 INDIAN SPRINGS DR NW CONOVER, NC 28613-8038 SOUTHEAST COMMERCIAL CORP 2202 N WEST SHORE BLVD FL 5 TAMPA, FL 33607-5747 SULLIVAN JUSTIN 4332 3RD ST PL NW HICKORY, NC 28602 SULLIVAN PATRICIAA 1014 16TH ST SE HICKORY, NC 28602-4225 SWEETWATER PRESBYTERIAN CHURCH 498 21ST ST SE HICKORY, NC 28602-4429 TAR HEEL PROPERTIES OF HICKORY LLC 1093 13TH ST SE HICKORY, NC 28602-4165 THOMAS & BETTS CORPORATION 8155 TAND B BLVD MEMPHIS, TN 28602 THUNDER PROPERTIES LLC 18833 RIVER FALLS DR DAVIDSON, NC 28036-8856 TLC LEASING LLC 5009 RAFFERTY CT CHARLOTTE, NC 28215-6402 VEGA PACIFIC LLC 387 SKYLINE RD HICKORY, NC 28601-7816 WALNUT STREET PARKING INC 411 OAK ST CINCINNATI, OH 45219-2504 WHITCOMB BRETJ 3540 JONATHANS HARBOUR DR JUPITER, FL 33477-5800 WILDEMAN CHRISTOPHER WAYNE 1003 16TH ST SE HICKORY, NC 28602-4226 WILLIAMS RANDALL D 1169 TIMBERLANE DR LINCOLNTON, NC 28092-8547 YOUNG BRYAN K 1312 11TH AVE SE HICKORY, NC 28602-4311 Addendum to the Application for Department of the Army Permit Martin Marietta Materials, Inc., Hickory Quarry May 9, 2022 Addendum Document Project Purpose Page 2 Site information Page 2 Existing Site Conditions and History Page 2 Project Information Page 4 Development of Alternatives Page 5 Alternatives Analysis Page 5 Avoidance, Minimization and Compensation Page 7 Floodplain Page 8 Endangered Species Act Page 8 National Historic Preservation Act Page 8 Figures and Exhibits Table of Contents Page 9 Project Purpose Basic: The basic purpose of this project is to cost-effectively mine construction grade Aggregate reserves at the existing Hickory Quarry facility. Overall: The overall project purpose is to cost-effectively continue operation of the aggregate quarry facility at Hickory by providing storage for overburden to uncover valuable market needed aggregate reserves. Hickory Quarry has currently exhausted all of its current overburden storage options. Without augmentation, it will be unable to uncover reserves to serve market demand. Site Information Total Site Acreage: 390.6 acres County: Catawba Nearest Waterway: Clark Creek Nearest Town: Hickory River Basin (HUC): Catawba (03050102) Latitude and Longitude: 35.72039, -81.30806 Site Address: 1989 11th Ave SE, Hickory, NC 28602 Existing Site Conditions and History Facility Site The 390-acre site, known as the Hickory Quarry, is located in the Catawba River Basin (03050102), and includes an operating Granite Quarry Pit, Stockpile yard, plant and infrastructure, current overburden storage areas and wooded area buffers as shown on the attached maps. The main infrastructure for the Quarry has been constructed for the existing pit operations and would be used to continue mining after the overburden is removed. The Project area was timbered in 2012 and is dominated by thick shrub species and immature trees. Soils within the project area consist of Clifford Sandy Loam soils on the hill tops with Fairview Sandy loam and clay loam on the side slopes. Areas near Clark Creek are mapped as Codorus loam. 404/401 Permit History An individual Department of the Army Permit (permit number 199830934) was issued on March 1, 1999 for the relocation of 2400 linear feet of Clark Creek associated with a pit expansion. The associated 401 Certification (project #980623) was issued on September 22, 1998. A Nationwide Permit Number 33 (AID 20230908) was issued on June 17, 2004 for 100 linear foot of impacts to Clarks Creek associated with a temporary crossing to supply material for a DOT road project adjacent to the quarry. The associated 401 Certification (Project Number 02-0787) was issued on May 31, 2002. On October 31, 2013 an Individual Department of the Army Permit (SAW-2011-01934) was issued for 90 linear feet of impacts to Clarks Creek associated with a crossing. The associated 401 Certification was issued on January 5, 2012. State DEQ DEMLR Mining Permit The current NC DEQ DEMLR permit (No. 18-01), (Exhibit A), issued on October 11, 2017, allows for this area to be used for overburden storage. Project Information Overview of Preferred Alternative The preferred alternative to the project involves filling a valley between two existing overburden storage berms for the purposes of storing additional overburden. Within that valley there exists a small perennial stream. This stream flows down into an emergent wetland which is connected to the main stream, Clark Creek, by a non -jurisdictional ephemeral channel. As shown on the attached map (Figure 4) the site has exhausted all open space available for overburden storage. Any other storage options on site would require impacts to waters. In order to avoid any further impacts to Clark Creek, MMM is proposing to impact Stream A as shown on the attached maps and plans. In order to continue mining operations at Hickory Quarry, an estimated 750,000 cubic yards of overburden must be removed to uncover aggregate reserves. This project involves filling the stream and valley with approximately 340,000 cubic yards of material which will bring the project area grade up to the same level as the two existing adjacent overburden storage areas. After the two existing storage areas have been connected and leveled across this existing valley, another lift can be built on the entire area that will allow storage of the remaining 410,000 cubic yards. Impact summary MMM is proposing to impact 430 linear feet of Stream A and 0.25 acre of Wetland A as shown in the attached maps and plans. The impact would involve filling the channel and wetland with overburden material as described in the preferred alternative. Development of Alternatives In order to develop potential alternatives, MMM considered factors such as technical and logistical feasibility, economic and business planning requirements, and potential impacts to jurisdictional waters and other environmental resources. With respect to business planning and systematic and cost-effective quarry operations to serve the relevant market area, MMM is seeking to mine existing economically viable aggregate reserves at its Hickory Quarry to continue to supply the market demand. Generally, transportation costs (and haul distances) are significant components of aggregate product cost and price, which constrains the geographic market area a quarry may viably serve. The Hickory Quarry available aggregate reserves within the existing pit are being depleted, and expansion of the Hickory Quarry Pit to mine additional aggregate reserves requires the removal and storage of overburden material in order for MMM to continue to cost-effectively serve the market area. Alternatives Analysis Alternative 1: No Action Alternative The No Action alternative would involve mining material that is currently uncovered and not stripping additional reserves. The local reserves currently available to supply the surrounding geographic market area fall short of market demand. The no action alternative would not result in economically viable continued service to the surrounding market area by local supply from the Hickory Quarry. This alternative would not meet the basic or overall project purposes. Alternative 2: Preferred Alternative, Filling Valley Between Existing Overburden Berms As described above in the "Project Information" section of this document, MMM's preferred alternative involves filling a valley between 2 existing overburden storage areas. Filling this valley would impact Stream A and Wetland A. Storing overburden in this area will allow MMM to uncover valuable reserves needed to serve the local market demand. Alternative 2, as proposed, meets the applicant's purpose and need of continuing to mine construction grade aggregate at the Hickory Quarry site and is also the least environmentally damaging practicable alternative for the purpose and need. Alternative 3: Hauling Material off Site. MMM has explored the option of hauling the material off site. Presently, no local off site location where the material could be hauled has been located. Cost estimates to move material off site range from $12 to $15 per cubic yard. This would result in a cost of approximately $9,000,000 to $11,250,000 and would require approximately 75,000 truck trips. MMM estimates that hauling the material on site with off road articulating trucks would cost between $3 to $4 per yard and require only 30,000 truck trips due to the much larger load capacity. As such, hauling material off site would not be a practicable alternative. Costs for this alternative could be $6,750,000 to $8,250,000 more expensive and, due to smaller loads and longer haul distances, could take up to a year or more, longer. This alternative also puts more trucks on the local highways and would create more emissions when compared to the much shorter haul distance, with larger loads, on site. Avoidance, Minimization and Compensation Avoidance In order to avoid impacts, MMM conducted careful investigations of the property. The location of available reserves has been established to the extent practicable. As discussed in the above alternatives, MMM has avoided higher quality areas of Clarks Creek and its floodplain. Instead MMM is only proposing to impact a small stream, Stream A and an emergent Wetland, Wetland A. MMM is also avoiding impacts to adjacent floodplains. Minimization To minimize impacts to wetlands and other waters, MMM uses stormwater management and erosion control techniques that preserve downstream water quality. MMM will use stripping techniques that will not allow the loss of material downstream or into adjacent wetlands and streams. As the overburden is removed or stripped from the site, all runoff will be directed to the pit or other erosion control structure. As overburden is stored, all runoff will be directed into appropriate erosion control structures and stabilized by planting vegetation as soon as possible. A minimum 50ft wooded buffer will be maintained around all wetlands and waters not directly impacted by this requested permit. Compensation MMM proposes to mitigate for impacts to 430 linear feet of stream and 0.25 acre of wetland by In-Leu-Fee Payment to the North Carolina Department of Mitigation Services (DMS). An acceptance letter from the DMS is attached as Exhibit B. MMM is proposing a 1:1 ratio for stream impacts due to the medium quality of the stream. A copy of an NCSAM form completed on site is attached. MMM is proposing to mitigate for wetland impacts at a 2:1 ratio. A NC SAM assessment of the stream is attached as Exhibit E. Floodplain The proposed project is located adjacent to Clarks Creek which has an identified FEMA floodplain. No fill material will be placed within the floodplain and therefore there will be no floodplain impacts. Endangered Species Act (ESA) A query of the North Carolina Natural Heritage Program database indicates an occurrence of Hexastylis naniflora, no natural areas and no managed areas. This document is attached as Exhibit C. A search of the USFWS Environmental Conservation Online System lists 7 species for Catawba County: tricolored bat (Perimyotis subflavus) (Under Review), monarch butterfly (Danaus plexippus)(Candidate), bog turtle (Glyptems muhlenbergii)(Similarity of Appearance (Threatened)) , Dwarf -flowered heartleaf(Hexastylis nanifloria)(Threatened), Schweinitz's sunflower (Helianthus schweinitzii)(Endangered), and Carolina hemlock(Tsuga caroliniana)(Under Review). A search of the project area and review of existing site conditions has revealed that no endangered or threatened species are within the project area. Conditions on the site, being recently timbered and overgrown with shrub species, is not indicative to habitat for Hexastylis nanifloria. Furthermore, the site has been searched and no occurrences were found. Within the project area, there exists a maintained powerline easement. This power line corridor could be considered habitat for Helianthus schweinitzii. As such, the powerline corridor was searched and a species similar to Helianthus schweinitzii was found. This species was identified as Helianthus microcephalus (Small Woodland Sunflower). Photos of this specimen are attached as Exhibit D. Helianthus schweinitzii was not found on site. National Historic Preservation Act Martin Marietta is not aware of any properties or structures that are listed or eligible for listing with the National Register of Historic Properties within the immediate vicinity of the project area, and will address any such circumstances that may come to its attention in the notice and comment process. Due to the fact that this is not an expansion of the existing site boundaries, no impacts would be expected. Attached Figures and Exhibits Figure 1: Stream and Wetland Map Figure 2: Grading Exhibit Figure 3: Grading Exhibit 2 Figure 4: Current Berms and Storage Figure 5: USGS Map Figure 6: Vicinity Map Figure 7: Soil Map Exhibit A: Current Mine Permit Exhibit B: NC DMS Acceptance Letter Exhibit C: NC Natural Heritage Report Exhibit D: Site photos of Helianthus microcephalus Exhibit E: NC SAM Assessment Ephemeral,Connection StreamA Wetland 0.25 acre Hickory Quarry For Permitting Purposes Only USGS Map Drawn by: TLB 5/4/2022 Locations are Approximate 225 112.5 0 225 Fe Legend Project_area Clark Creek Mine Permit Boundary Stream Wetland I11�; / l _i ram) \\\ / / I/c \ .,l l l \ \\l l\ I\\k, \ I\ \ \ "/ 4 \ \ \ \\ \ ill — \\ \\ \\\\\ . \ \\ \ \ \ I k` _ \ \ \ �� � \\\ ''..,_\, \I\ Proposed \\ \ \ \ \\ `\ \ \I Maintenance \ \ I \ I '\\•,\� ••\\\\ \\/ �,- Road \\\ \\ \ 's\\\N\\\•\\ 1 �1 \ \ \ \N\\\\\\\\• \\�\ \ \\\\\\\\ \\\ \ \\•. be disturbed Figure 2 Existing Overburden Figure 3 Hickory Quarry Grading Exhibit 50' Undisturbed - Stream Buffer ---------------- Delineated Wetland (to be disturbed) Existing Overburden 100 SCALE : 1" = 200' 200 400 • JAMartin Marietta Hickory Quarry For Permitting Purposes Only Existing Berms and Storage Map Drawn by: TLB 5/4/2022 Locations are Approximate 1,000 500 0 A 1,000 Fe Figim,.,41 - "11'1119 Tom- �•. , Est', Dig." -I@ SGSorcGRIiD, Legend Project_area Current Berms and Storage Clark Creek Mine Permit Boundary - - Stream Wetland rid the GIS User 73rHAVE�uE 04, SE AkMartin Marietta Co Hickory Quarry For Permitting Purposes Only USGS Map Drawn by: TLB 5/4/2022 Locations are Approximate 1,000 500 0 A 1,000 Fe Figure 5 � ��ryciF n Legend Project_area Clark Creek Mine Permit Boundary Stream Wetland USGS The National Map: Na ional Boundaries Dataset, National Elevation Dataset, Geographic Names Inforrmtation System, National Hydrography Dataset, National Land Cover Databa›,'National Structures Dataset, and National Transportation Dataset; U.S. Census Bureau - TIGER/Line; HERE Road Data "the, OAve SE ds55 Lid .J 171 ¢ ya �r S P.p -'o. r� P yry0 s� dr` to o- p the g. RAF°n�" „0 s<, 4.�y 9 u t Q d w *q. " Ave SE N C-0v Tea3rw eSE Park a r W N y y y rn` r ehCIAI S a ,*. 4 ur -0ve,5 15`r w 11 i1t c' E AveSE Tate glvd SE F ArcSP iti 4'• qj Co 3rd Avey h14 4 n y 9 4 Nlr' ro, S� y Farbmak uo A ❑girrd GP SF. w r Park C 5 a6 St' .54 Ave SE 13014we DrS.e Figure 6 N = m map NE 101h P 9th Ave P1 HE 9th Ave Or HE 9th 4„4f, Pt N,9htana Avew gth Aga N1 Mai^ AveSE - 50114v° y 3s ` Sweetwater cP°rG a` r u ryA, k7 ,gthS m M1 N 3r1Are SE r eg o` sr y r8rti H is s n e, gE o 3r0 -q a ' 4lh A`+p 5 `Ph E 4 yc 8e rL eN • o y: w 4 p v0rpyes r", :'.a' gran T,rpSf rye ypSP iy Arherlc y +3+h-0 Nx'Arrgpneratl' O S,F Cir sE SOD' Ay sF y 5E a c` m ti SE w N ' 9 8 .3t p) u 4 srd N N 0,1ev awdSE 19th Ave Martin Ntariett a Valley .7 40 Hickory Quarry For Permitting Purposes Only Vicinity Map Drawn by: TLB 5/4/2022 Locations are Approximate A 2,000 1,000 0 2,000 Feet IyrR 4 re Pr Se F, II " r.1:.iI vsc 8 v, Fairbrook C�rd�6d Parr 19th AVE. SE LU N t• Se y ry 21s1Are SE o. ti 13t { 23th Strep 15th Ave sE Pi v '1, N n. n. Ith Ave sE 9th Ave SF Legend Project_area Mine Permit Boundary Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Mapmylndia, NGCC, © OpenStreetMap contributors, and the GIS User Community Figure 7 Soil Map —Catawba County, North Carolina 35° 43' 34" N 35° 42'48"N 471700 471800 471900 472000 472100 472200 472300 472400 472500 472600 I I I I I I I I I I mil. A I I I I I I I I I I 471700 471800 471900 472000 472100 472200 472300 472400 472500 472600 Map Scale: 1:6,820 if printed on A portrait (8.5" x 11") sheet. 0 100 200 400 0 300 630 Meters 600 Feet 1200 1800 Map projection: Web Mercator Comer000rdinates: WGS84 Edge tics: UTM Zone 17N WGS84 35° 43' 34" N 35° 42' 48" N uson Natural Resources Web Soil Survey 000 Conservation Service National Cooperative Soil Survey 8/3/2021 Page 1 of 3 Soil Map —Catawba County, North Carolina MAP LEGEND Area of Interest (AOI) n Area of Interest (AOI) Soils El Soil Map Unit Polygons Soil Map Unit Lines ▪ Soil Map Unit Points Special Point Features Blowout 031 Borrow Pit Clay Spot Closed Depression • Gravel Pit Gravelly Spot ▪ Landfill A. Lava Flow jda Marsh or swamp • Mine or Quarry CO Miscellaneous Water • Perennial Water • Rock Outcrop • Saline Spot Sandy Spot Severely Eroded Spot • Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot el Very Stony Spot Wet Spot ▪ Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background rika Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:15,800. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Catawba County, North Carolina Survey Area Data: Version 20, Jun 2, 2020 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 8, 2015—Nov 28, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. usDn Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 8/3/2021 Page 2 of 3 Soil Map —Catawba County, North Carolina Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CfB Clifford sandy loam, 2 to 6 percent slopes 23.5 15.6% CfC Clifford sandy loam, 6 to 10 percent slopes 4.1 2.7% CgB2 Clifford sandy clay loam, 2 to 6 percent slopes, moderately eroded 4.0 2.6% CgC2 Clifford sandy clay loam, 6 to 10 percent slopes, moderately eroded 23.3 15.4% CsA Codorus loam, 0 to 2 percent slopes, frequently flooded 19.9 13.2% FaE3 Fairview clay loam, 10 to 25 percent slopes, severely eroded 8.5 5.6% FcC Fairview gravelly fine sandy loam, 6 to 10 percent slopes 22.8 15.1% FdE2 Fairview soils, 10 to 25 percent slopes, moderately eroded 34.8 23.1 % Ud Udorthents, loamy and clayey 10.1 6.7% Totals for Area of Interest 151.0 100.0% USDA Natural Resources Web Soil Survey 8/3/2021 Conservation Service National Cooperative Soil Survey Page 3 of 3 Exhibit A ROY COOPER carVrnor MICHAEL S. REGAN Secretary Energy,Mineral& TRACY DAVIS1 Land Resources October I i , 2017 ENVIRONMENTAL QUALITY Mr. John J. Tiberi Martin Marietta Aggregates 2710 Wycliff Road Raleigh, North Carolina 27607 RE: Permit No. 18-01 Hickory Quarry Catawba County Catawba River Basin Dear Mr. Tiberi: Your recent request to have the above referenced mining permit modified has been approved. The modification is to reduce the affected acreage at this site to 263.9 acres as indicated on the Mine Plan last revised August 22, 2017. The modification includes the removal of Basin #5, redesign of previously approved Basin #4, addition of Basin #19, use of rip rap baffles in lieu of coir fiber baffles with stipulations, and updates to the mining plan to show the existing berm along the western property line. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971 . The expiration date, mine name and permit number shall remain the same as before the modification. I would like to draw your attention to the following conditions where minor additions or changes were made: 3C, 4E, 4F 1 OB and 13. Please be advised that the NC Mining Act of 1971 was amended on October 4, 2017 by Session Law 2017-209 which states that all existing mining permits and any newly issued mining permits are to be issued for the life of site or lease term. Thus, there is no expiration date for this mining permit. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS 74-51 and GS 74-52 still apply for new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, Session Law 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS 74-55. Failure to submit the fee by the required deadline will result in a $501month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. State oUNnrllt Carolina i Environmental Quality l Energy.Mineral and Land Rrsourccs 512 N.Salisbury Street 11612 Mail Service Center I Raleigh.North Carolina 27ttn9.1612 n1i9 MT 0200 Mr. Tiberi Page Two Lastly, pursuant to GS 74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage at this site is 390.6 acres and the amount of land you are approved to disturb is 263.9 acres. Please review the modified permit and contact Judy Wehner, Assistant Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. incerely, -cy E. Davis, PE, CPM Di -ctor DEMLR TED/jw Enclosures cc: Mr. Zahid Khan Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Martin Marietta Materials, Inc. Hickory Quarry Catawba County - Permit No. 18-01 for the operation of a Crushed Stone Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications December 30, 1993: This permit has been modified to allow pit expansion, allow the construction of overburden disposal areas, allow the relocation of Clark's Creek and allow the installation of the associated sediment and erosion control measures. These modifications are indicated on the overall Mine Map revised July 16, 1993, Insert A map revised October 1993, the Detail Sheet revised July 15, 1993 and the Reclamation Map revised November 4, 1991 with stipulations. November 9, 1994: This permit has been modified to allow the berm construction and 10-year pit limit to be shifted to the position indicated on the Mine Map, last revised August 5, 1994 and received on October 28, 1994. Page 3 May 7, 1997: This permit has been modified to allow the installation of the temporary NCDOT access roadway and the associated sediment and erosion control measures (totaling approximately 6.0 acres), to remove approximately 10 acres of buffer land from the permitted acreage slated for future NCDOT road construction, and to change the 100 foot undisturbed buffer zone along the south and east permit boundary from undisturbed to unexcavated as a result of the aforementioned changes. These modifications shall be constructed and maintained as indicated on the mine map, including the supplemental information, last revised March 20, 1997. May 4, 2001: This permit has been modified to expand the tailings berm disposal area by 2.5 acres, as indicated on the mine map last revised March 6, 2001. June 7, 2004: This permit has been modified to update the affected acreage at the site to 206.8 acres in light of more accurate topographic information as indicated on the Mine Map last revised November 7, 2003. September 14, 2005: This permit has been modified to increase the affected acreage at this site to 207.22 acres as indicated on the Mine Map last revised July 26, 2005. The modification includes the addition of 0.42 acres of disturbance within the permit boundary; 0.34 acres is associated with a proposed fresh water pond, and 0.08 acre to reconstruct an existing driveway access used for overburden removal. June 22, 2009: This permit has been modified to increase the permitted acreage to 378.95 acres and the affected acreage at this site to 236.34 acres as indicated on the Mine Map last revised June 15, 2009. The modification includes the addition of 84.66 acres to the northwest permit boundary, the addition of several screening berms along the newly added acreage and the construction of a temporary road through the buffer on the western property line to haul fill material to the WA Properties, LLC property. The modification also includes the construction and maintenance of all associated erosion and sedimentation control measures. June 12, 2012: This permit has been modified to increase the affected acreage at this site to 281.67 acres as indicated on the Mine Map last revised March 2, 2012. The modification includes the approval to develop the site for a new plant/processing area, provide access across Clarks Creek to utilize the previously approved disposal area/proposed berm and install and maintain all associated erosion and sedimentation control measures. This approval is contingent upon the permittee complying with any necessary permits/approvals issued by the US Army Corps of Engineers and NC Division of Water Quality for the proposed access across Clark Creek. July 15, 2013: This permit has modified to change the corporate name from Martin Marietta Aggregates to Martin Marietta Materials Inc. Page 4 March 28, 2014: This permit has been modified to increase the permitted acreage to 390.6 acres and decrease the affected acreage at this site to 264.9 acres as indicated on the Mine Plan last revised March 20, 2014. This modification includes updating the map with better available data, filling the old settling pond in the southeastern corner of the property to expand the current stockpile area, removing erosion control basins #6 and #9, revising erosion control basin #15, eliminating basin #16 and #13 and revising the location of the proposed Clark Creek Crossing to match the approved FEMA location. October 11, 2017: This permit has been modified to reduce the affected acreage at this site to 263.9 acres as indicated on the Mine Plan last revised August 22, 2017. The modification includes the removal of Basin #5, redesign of previously approved Basin #4, addition of Basin #19, use of rip rap baffles in lieu of coir fiber baffles with stipulations, and updates to the mining plan to show the existing berm along the western property line. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-209 and has no expiration date. However, all provisions of GS 74-51 and GS 74-52 still apply for new, transferred and modified mining permits. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. Wastewater and Quarry Dewatering A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. Page 5 B. The permanent access (plant entrance) road shall be sufficiently stabilized. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Mine Plan last revised August 22, 2017 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All mining activities associated with the addition of 84.66 acres to the northwest permit boundary, the addition of several screening berms along the newly added acreage and the construction of a temporary road through the buffer on the western property line to haul fill material to the WA Properties, LLC property, including the construction and maintenance of all associated erosion and sedimentation control measures, shall be conducted as indicated on the mine map last revised June 15, 2009 and the supplemental information received on November 10, 2008, January 21, 2009 and April 20, 2009. C. All mining activities associated with the development of the new plant/processing area and the access across Clarks Creek, including the installation and maintenance of all associated erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map last revised April 26, 2012 and the supplemental information received on January 24, 2012, March 3, 2012 and May 1, 2012. This approval is contingent upon the permittee complying with any necessary permits/approvals issued by the US Army Corps of Engineers and NC Division of Water Quality for the proposed access across Clark Creek. Page 6 D. Mining activities, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Mine Plan last revised March 20, 2014 and the supplemental information received on February 21, 2014. E. Mining activities associated with the removal of Basin #5, redesign of previously approved Basin #4, addition of Basin #19, and updates to the mining plan to show the existing berm along the western property line, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Mine Plan last revised August 22, 2017 and the supplemental information received June 21, 2017 and August 25, 2017. F. Rip rap baffles may be used in lieu of coir fiber baffles with the stipulation that said rip rap baffles shall be replaced every six months. G. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit expansion conducted after December 30, 1993 shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after December 30, 1993. Page 7 7. Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. article Velocity, In/sec 10.0 2..0 - 1.5 .. .0 .9 0.7 0.9 0.S 0.4 E 0.3 0s 4 0.75 Fnlsec 11 2 inisec 10.0 2.0 - 0.7 0.6 0.5 0,4 - 0.3 -\ 0.2 F 1 , 1 1 10 20 30 100 Blast Vibration Frequency, Hz Figure 1 Alternative blasting level criteria (Source modified from figure B-1. Bureau of Mines R 1850 Page 8 B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/Ds)2 Ds = D W1/2 V = 160(Ds)-1.6 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. C. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Measuring System, in Hz 0.1 Hz or lower -flat response 2.0 Hz or lower -flat response 6.0 Hz or lower -flat response D. Air blast Without Monitoring: Max Level, in dBL 134 peak 133 peak 129 peak In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U = 82 (D/W0.33)-1.2 To convert U (psi) to P (dBL): Page 9 P = 20 x log (U/2.9x10-9) Confined Air blast/Overpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air Blast Reporting: If ground vibration or air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Flyrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. Page 10 H. Flyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. I. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Division of Energy, Mineral and Land Resources Regional Office prior to any blast during a period for which notice is requested. K. Proper stemming procedures shall be utilized at all times to minimize the occurrence of excessive airblast. Depth of measurements after explosive loading and prior to the addition of stemming materials shall be taken of each hole to ensure that the required stemming, and any additional precautionary measures deemed necessary, can be provided. Refresher training in the proper stemming of blast holes shall be given to all blasters at the site, with emphasis on taking particular caution during such shallow hole blasting operations, prior to the resumption of shallow hole (toe shot) blasting. M. Proper burden shall be utilized at all times to reduce the potential for premature gas escape. N. Blasting personnel shall be trained to recognize conditions that may produce high airblast and how to compensate for such accordingly. O. A drill log shall be kept for each hole so that blasting personnel can consider any unusual conditions that may exist that could contribute to high airblast. Page 11 9. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope constructed after December 30, 1993. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms shall be located and constructed as shown on the Mine Plan last revised August 22, 2017. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy, Mineral and Land Resources, Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. Page 12 C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met: 1. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. 2. Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. 3. No used, clean concrete material shall be permanently disposed of onsite. 4. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off -site. 13. Annual Reclamation Report and Annual Operating Fee Submittal An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be submitted to the Department by July 1 of each year until reclamation is completed and approved for release by the Department. Page 13 14. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 14 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on.the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 15 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12A through 12E. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the following specifications: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Korean Lespedeza 10 Fescue 40 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime- 2000 Ibs/acre or follow recommendations from a soil test. Page 16 Fertilizer- 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued July 20, 1972, renewed May 18, 1982, renewed and modified December 30, 2003, modified November 9, 1994, May 7, 1997 and May 4, 2001, renewed and modified June 7, 2004, modified September 14, 2005, June 22, 2009, June 12, 2012 and July 15, 2013, and renewed and modified March 28, 2014, is hereby modified this 11th day of October, 2017 pursuant to G.S. By: Tracy . avis, PE, CPM, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality Exhibit B ROY COOPER Governor .r a `. J= ELIZABETH 5,BISER . I ' Secretory E __ MARC RECKTENWALD NORTH CAROLINA Director Environmental Quality May 4, 2022 Thomas Brown Martin Marietta Materials 2235 Gateway Access Point, STE 400 Raleigh, NC 27607 Expiration of Acceptance: 11/4/2022 Project: Hickory Quarry County: Catawba The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in- lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location Impact Type Impact Quantity (8-digit HUC) Catawba 03050102 Warm Stream 430 Catawba 03050102 Riparian Wetland 0.25 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, FOR James. B Stanfill Asset Management Supervisor 5 North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I RaIeih,North Carolina 27699-1t 52 ��ru.a� f`I 919.707.8976 Exhibit C ■ Mr'S' NC DEPARTMENT OF U MW NATURAL AND CULTURAL RESOURCES February 15, 2022 Thomas Brown Martin Marietta 2235 Gateway Access Point Raleigh, NC 27607 RE: Martin Marietta Hickory Quarry; 001 Dear Thomas Brown: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Directtrr, Natural Heritage Program NCNHDE-17162 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL. AND CULTURAL RESOURCES ik 121 W. JONES STREET, RALEiGh 1_ NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC V19 707.'020 • FAX 9119.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Martin Marietta Hickory Quarry Project No. 001 February 15, 2022 NCNHDE-17162 Element Occurrences Documented Within Project Area Taxonomic EO ID Scientific Name Common Name lement Accuracy Federal State Global State Group Observatio Occurrence Status tatus Rank Rank i Date Rank Vascular Plant 27352 Hexastylis naniflora Dwarf -flowered Heartleaf No Natural Areas are Documented within the Project Area No Managed Areas Documented within the Project Area 2011-11-04 D 2-High Threatened Threatened G3 S3 Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on February 15, 2022; source: NCNHP, Q4, January 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Martin Marietta Hickory Quarry Project No. 001 February 15, 2022 NCNHDE-17162 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic Group EO ID IScientific Name Freshwater or 18542 Terrestrial Gastropod Vascular Plant 20023 Vascular Plant 27352 Vascular Plant 2212 Triodopsis fulciden Hexastylis naniflora Hexastylis naniflora Thermopsis mollis Common Name Dwarf Threetooth Dwarf -flowered Heartleaf Dwarf -flowered Heartleaf Appalachian Golden - banner Observation Date 1952-Pre 2010-12-21 2011-11-04 1953-05-03 No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner City of Hickory Open Space City of Hickory Open Space City of Hickory Open Space - Kiwanis City Park NC Department of Transportation Mitigation Site City of Hickory City of Hickory City of Hickory NC Department of Transportation Element Accuracy Federal State Occurrence Status Status Rank H 4-Low Special Concern Global State Rank Rank G1G2 S2S3 C? 3-Medium Threatened Threatened G3 S3 D 2-High Threatened Threatened G3 S3 H 4-Low Significantly G3G4 S2 Rare Throughout Owner Type Local Government Local Government Local Government State Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on February 15, 2022; source: NCNHP, Q4, January 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 February 15, 2022 ❑ Project Boundary ❑ Buffered Project Boundary j Managed Area (MAREA) NCNHDE-17162: Martin Marietta Hickory Quarry 0 0.175 1 ti 0 0.3 1:22,283 0.35 0.6 0.7 mi 1.2 km Sources: Esn, HERE, Garrn ,. Inlarmap, increment P Corp., GERCO, USGS, FAO, NP5. NRCAN, [ieoElase. IGN, Kadaster NL, Ordnance Survey, Esri .Japan. METI_ Esn China {Hong Kong)_ {c] Oper.5lreetMap Contributors, and the GIS User Community Page 4 of 4 Exhibit D Photos of Helianthus microcephalus, (Small Woodland Sunflower) Taken on site on February 15, 2022 Note that the roots of Helianthus microcephalus are not tuberous as shown above in the photo taken of this species on site. An identifying factor of Helianthus schweinitzii is tuberous roots. Exhibit E NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Hickory Quarry 2. Date of evaluation: 6/17/2021 3. Applicant/owner name: Martin Marietta 4. Assessor name/organization: Thomas Brown/MM 5. County: Catawba 6. Nearest named water body 7. River basin: Catawba on USGS 7.5-minute quad: Clark Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.7203, -81.3085 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): 1 10. Length of assessment reach evaluated (feet): 400 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 3 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 4 13. Is assessment reach a swamp steam? Yes No 14. Feature type: ®Perennial flow ❑Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (I) 16. Estimated geomorphic ❑A� valley shape (skip for Tidal Marsh Stream): 17. Watershed size: (skip for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes No If Yes, check all that apply to the assessment area. ❑ Outer Coastal Plain (0) ▪ Section 10 water ❑ Essential Fish Habitat ❑ Publicly owned property ❑ Anadromous fish (more sinuous stream, flatter valley slope) ®Size 1 (< 0.1 mi2) Size 2 (0.1 to < 0.5 mi2) ❑ Classified Trout Waters ▪ Primary Nursery Area ▪ NCDWR Riparian buffer rule in effect O 303(d) List ®B (less sinuous stream, steeper valley slope) Size 3 (0.5 to < 5 mi2) Size 4 (>_ 5 mi2) ▪ Water Supply Watershed (❑I ❑II ❑III ❑IV ❑V) ❑ High Quality Waters/Outstanding Resource Waters ▪ Nutrient Sensitive Waters ❑ CAMA Area of Environmental Concern (AEC) ▪ Documented presence of a federal and/or state listed protected species within the assessment area. List species: ▪ Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? Yes No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ®A Water throughout assessment reach. ❑ B No flow, water in pools only. ❑ C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ❑ A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B NotA 3. Feature Pattern - assessment reach metric ❑ A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ®B NotA 4. Feature Longitudinal Profile - assessment reach metric ❑ A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ®B NotA 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑ A < 10% of channel unstable ❑ B 10 to 25% of channel unstable ®C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ®A ®A Little or no evidence of conditions that adversely affect reference interaction ❑ B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑ C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑ A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑ B Excessive sedimentation (burying of stream features or intertidal zone) ❑ C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑ D Odor (not including natural sulfide odors) ❑ E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑ F Livestock with access to stream or intertidal zone ❑ G Excessive algae in stream or intertidal zone ❑ H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ❑ 1 Other: (explain in "Notes/Sketch" section) • Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑ A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑ B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑ Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. Yes No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment ❑ A Multiple aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ®B Multiple sticks and/or leaf packs and/or emergent vegetation ❑ C Multiple snags and logs (including lap trees) ❑ D 5% undercut banks and/or root mats and/or roots in banks extend to the normal wetted perimeter ❑ E Little or no habitat reach) (skip for Size 4 Coastal Plain streams) ❑ F 5% oysters or other natural hard bottoms ❑ G Submerged aquatic vegetation ❑ H Low -tide refugia (pools) ❑ 1 Sand bottom ❑ J 5% vertical bank along the marsh ❑ K Little or no habitat Check for Tidal Marsh Streams *********************************REMAI NI NG QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. Yes No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ®B Pool -glide section (evaluate 11d) ❑ C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ❑ ® ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ® ❑ ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ® ❑ ❑ Sand (.062 — 2 mm) ❑ ❑ ® ❑ ❑ Silt/clay (< 0.062 mm) ❑ ® ❑ ❑ ❑ Detritus ® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. No Water ❑Other: 12b. ®Yes No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ Aquatic reptiles ❑ Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ Asian clam (Corbicula) ❑ Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ®Midges/mosquito larvae ❑ Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ Other fish ❑ ❑Salamanders/tadpoles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑ A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ®B ®B Moderate alteration to water storage capacity over a majority of the streamside area ❑ C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑ A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ❑ B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑ Y ❑Y Are wetlands present in the streamside area? ®N ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ❑ A Streams and/or springs (jurisdictional discharges) ❑ B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑ C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ®D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑ F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑ A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑ B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑ C Urban stream (>_ 24% impervious surface for watershed) ®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑ E Assessment reach relocated to valley edge ❑ F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ®A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑ B Degraded (example: scattered trees) ❑ C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated LB RB ®A ®A ❑ B ❑B ❑ C ❑C ❑ D ❑D ❑ E ❑E Wooded LB RB ❑A ❑A ®B ®B ❑C ❑C ❑D ❑D ❑E ❑E 20. Buffer Structure Consider for left LB RB ❑A ®B ❑ C ❑D ❑E ❑A ®B ❑ C ❑D ❑E >_ 100 feet wide or extends to the edge of the watershed From 50 to < 100 feet wide From 30 to < 50 feet wide From 10 to < 30 feet wide < 10 feet wide or no trees — streamside area metric (skip for Tidal Marsh Streams) bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). Mature forest Non -mature woody vegetation or modified vegetation structure Herbaceous vegetation with or without a strip of trees < 10 feet wide Maintained shrubs Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑ A ❑A ❑A ❑A ❑A ❑A ❑ B ❑B ❑B ❑B ❑B ❑B ❑ C ❑C ❑C ❑C ❑C ❑C ❑ D ❑D ❑D ❑D ❑D ❑D Row crops Maintained turf Pasture (no livestock)/commercial horticulture Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑ B ❑B Low stem density ❑ C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ❑ B ❑ C ®A ❑ B ❑ C The total length of buffer breaks is < 25 percent. The total length of buffer breaks is between 25 and 50 percent. The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. RB ❑ A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. Yes No Was conductivity measurement recorded? If No, select one of the following reasons. No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230 LB ❑A ❑ B ❑ B ®C ®C Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Hickory Quarry Date of Assessment 6/17/2021 Stream Category Pb1 Assessor Name/Organization Thomas Brown/MM Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) NO NO Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM (2) Baseflow MEDIUM (2) Flood Flow MEDIUM (3) Streamside Area Attenuation HIGH (4) Floodplain Access HIGH (4) Wooded Riparian Buffer HIGH (4) Microtopography NA (3) Stream Stability LOW (4) Channel Stability LOW (4) Sediment Transport LOW (4) Stream Geomorphology HIGH (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermoregulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration MEDIUM MEDIUM HIGH HIGH HIGH NO LOW NA (1) Habitat MEDIUM (2) In -stream Habitat LOW (3) Baseflow MEDIUM (3) Substrate LOW (3) Stream Stability LOW (3) In -stream Habitat LOW (2) Stream -side Habitat HIGH (3) Stream -side Habitat MEDIUM (3) Thermoregulation HIGH (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall MEDIUM