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HomeMy WebLinkAbout19950153 Ver 2_More Info Received_20140506Burdette, Jennifer a From: Gibby, Jean B SAW [Jean.B.Gibby @usace.army.mil] Sent: Tuesday, May 06, 2014 2:06 PM To: Burdette, Jennifer a Cc: Shaeffer, David L SAW Subject: FW: Benson Quarry (UNCLASSIFIED) Attachments: [EXTERNAL] RE: Benson Quarry (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE As requested lean B. Gibby Chief, Raleigh Regulatory Field Office (919) 554 -4884, Ext. 24 Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http : / /regulatory.usacesurvey.com/ Classification: UNCLASSIFIED Caveats: NONE 1 Burdette, Jennifer a From: Brian North [ brian.north @martinmarietta.com] Sent: Friday, April 25, 2014 9:36 AM To: Gibby, Jean B SAW Cc: Nuwan Wijesuriya; Robert Turnbull (rurnbull @ESINC.CC) Subject: [EXTERNAL] RE: Benson Quarry (UNCLASSIFIED) Attachments: RE: Martin Marietta's Benson Quarry - EEP In -Lieu Fee Mitigation Request; Scan0051.pdf lean, Section 4.4 of the ESI report provides information on plants species in the upland, with a general community description for the wetlands. Here is some supplemental information of the wetlands that should satisfy your request: Vegetation in the Bottomland Hardwood Forest is dominated by tree -sized black gum (Nyssa sylvatica), red maple (Acer rubrum), and river birch (Betula nigra). The understory in the wetland includes shrub -sized individuals of the canopy species, Chinese privet (Ligustrum sinense), titi (Cyrilla racemiflora), swamp smartweed (Persicaria hydropiperoides), 7apanese stilt grass (Microstegium vimineum), and common greenbrier (Smilax rotundifolia). Mitigation credits of up to 0.5 acres for the temporary crossing will be obtained from EBX. The attached pdf includes this acceptance letter as well as those from Restoration Systems and NC EE described below. 3.23 acres of mitigation credits will be purchased from RS for the diversion channel. The remaining credits needed for this project will come from NC EEP. NCEEP also revised their original approval to accept up to 26 acres of mitigation credits for the diversion channel, just in cased RS or EBX were not able to provide any credits. The attached e -mail from Kelly Williams concerning the original acceptance letter indicates that their acceptance for mitigation credits will include the required 2:1 ratio, as will the revised acceptance letter. With the combination of RS credits and NCEEP, we are covered on the credits needed for the diversion channel. In an effort to better describe the operation at Benson, rock is extracted from the existing pit, which has a present area of 55.3 acres. The plant and processing area where the material is crushed, screened, and ultimately conveyed to the stockpiles for shipment totals 26.6 acres. The requested expansion of the pit will allow for an additional 81.5 acres of future pit reserves to be achieved, increasing the ultimate pit area to a total of 136.8 acres. These additional reserves will extend the life of the operation and meet the long- term purpose and needs of this quarry. For clarification and based on our meeting last Thursday, the request for the NWP to install a temporary roadway across the wetlands is for the purpose of accessing natural sand that will be used in our ABC production at Benson. Without this sand, Benson quarry will not be able to meet the market needs for ABC, as our Garner Quarry does not have enough sand to supply their market needs and Benson combined. Please let me know if you have any other questions or need any additional information. Thanks. Brian K. North, PE Division Environmental Manager Martin Marietta Materials, Inc. 1 (336) 389 -6616 (Office) (980) 721 -1212 (Mobile) - - - -- Original Message---- - From: Gibby, Jean B SAW [ mailto :Jean.B.Gibby (@usace.army.mil] Sent: Thursday, April 24, 2014 3:07 PM To: Brian North Subject: RE: Benson Quarry (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Brian, I need to get some clarifications on the project. I have begun drafting the PN, but don't have all that I need to clearly depict the project in PN format. I will be in the shop today until 4 and then in the office tomorrow from around 630 -1230. Jean (919) 554 -4884, Ext. 24 Classification: UNCLASSIFIED Caveats: NONE 2 Brian North, PF Mat-tin Marietta Materials, Inc. 413 S. Chimney Rock Road Greensboro, NC 27409 Project: Martin Marietta's Benson Quarry Expiration of Acceptance: October- 8, 2014 County: Johnston The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NICEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below-. Please note that this decision does, not assure that participation in the NCEEP will be approved by the permit i�4uinv agencies as ritigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if pm nient to the NCEEP will be approved. YOU must also comply with all ether state, federal or local government permits, reatrlations or authorizations associated with the p gp2a Ld cttvt i,ncludin 1 SL 2009 -337: An Act to Promote the Use of Corn ensator� Mit:�atton Banks as amended by S.L. 2011-341 -._ _.___ 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 Certi cation C:AMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the pennit(s) an invoice will be issued based on the required mitigation in that permit and pawrttent must be made prior to conducting tite authorized wvor . The amount ofthe In- Lieu Fee; to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at wxNw.nceep.net. Based on the information supplied by you in Your request to use the NCEEP, the impacts that ma) retluire compensatory mitigation are summarized in the followin4o table. The amount of mitigation required and assigned to NCEEP for this impact is determined by perttitting agencies and may exceed the impact amounts shown below. � ._�w_ River CU Strearn (feet) Wetlands (acres) Buffer I Buffer II Basin Location (q. Ft,) (Sq. Ft.) Cold Cool Warm Riparian Nog- l- i avian Coastal Marsh Impact Neuse 03020201 4 D t ft 26 a Q P ti j Upon receipt ofpayment, EEP will take responsibility for providing the compensatory snit garion. The mitiggation will be performed in accordance with the N.C. Department of Environment and Natural Resources" Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank yon for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -6915. Sincerely, r r �1 James. V tanfll Asset Management Supervisor" cc: Karen Fli -gins, NCD7WR Wetlandsf401 Unit Thomas Brown, L1SACE- Raleigh Martin Richmond, NC DWR- Raleigh File tvI' ..... ....Pro ftntom NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 - 16521919 -707- 69761 www.nceep.net Mitigation Credit Reservation Confirmation Letter Statement ofAvailability Pancho Stream @^ Wetland Mitigation Bank April 16'2014 NC Division of Water Resources 0.S. Army Corps ofEngineers 205Q Mail Service Center Raleigh Regulatory Field Office Raleigh, N[27698-IG5U 3331 Heritage Trade Center, Suite 1O5 Wake Forest, NC 27587 He: Reservation nfCompensatory Riparian Wetland Mitigation Credits Project, Benson Quarry — Martin Marietta Materials, Inc. This document confirms that Martin Marietta Materials, Inc, (Applicant) has reserved for purchase 3.23 Riparian VVet|amd Mitigation Credits from the Pancho5tmeam &,Wetland Mitigation Bank. Restoration Systems (R5) attests to the fact that 3.23 Riparian Wetland Mitigation Credits are currently available for immediate transfer from its Official Bank Credit Ledger toApplicant and that as of this date RS has placed 3.23 Riparian Wetland Mitigation Credits into "no-sale"- reservation status under the name of the project referenced on this document (Project). This credit will remain in reservation status until payment in full is received from the Applicant, resulting in the issuance of a Transfer of Mitigation Responsibility form by RS acknowledging that the applicant has credits from the bank and IRS has accepted full responsibility for the mitigation obligation requiring the credits. If IRS does not receive payment in full for the Mitigation Credits within thirty (3O) prior tothe initiation of Project construction, RS has the right to terminate this Reservation Letter, in which case IRS will have no further obligation to provide mitigation credits to the Applicant. RS will issue the Transfer Certificate within five (5) days of receipt of the Purchase Price. RS shall provide to Applicant the Transfer form debiting credits from the Bank Official Credit Ledger showing the permit number and the resource type secured by the applicant, and will owwo=Try-wr"w~*m,au-n°*'°mYu*ip"on-ns'*m/ send an a copy of the Transfer Certificate with an updated Official Credit Ledger to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-334-9119 Best regards, 7aza Vejq A&&t Tara D,isy Allclen Regulatory Manager Restoration Systems, LLC Bcne,,ai Quann - Ntaflijs Mahetta, Inc - Coa)pensat-) Mingatiin - RS - Page 2 Neu-Con Wetland and Stream Umbrella Mitigation Bank Statement of Availability March 19, 2014 NC Division mf Water Resources W�� Army Corps ufEngineers Ms. Katie Merritt/Mr. EdcKw|z Mr. James Lasbm0er 512 N. Salisbury St., Raleigh, Raleigh Regulatory Field Office 9th floor 3331 Heritage Trade Center, Suite 105 N[27604, Archdale Building Wake Forest, N[275Q7 Re Project: Temporary Stream Crossing Wetland Impacts at the Benson Quarry Project This document confirms that Martin Marietta Materials, Inc. (4pp[icamt) for the temporary stream crossing at the Benson Quarry Project Project) has expressed on interest to utilize O.5D Riparian-Riverine Wetland Mitigation Credit (s) m EBXspomsored Neu-Con Stream Unnbm*Ha Mitigation Bank (Bank) in the Neuse- HUC03820281, [ox || Site. As the Bank official Sponsor, EBX, attests to the fact that mitigation is available for consumption at this time. Banker will notify applicant ifthe come considered "At Risk" of not being available prior to permit issuance. Credits are not considered secured until payment in full is received from the applicant resulting in the issuance of an Affidavit of Sale by the bank acknowledging that the applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credit(s). The Banker will issue the Affidavit uf Sale within ten /1CH days of receipt of the balance ofthe Purchase Price. Banker shall provide to Applicant with a copy of the Affidavit of Sale and a documented copy of the debit of credits from the Bank Official Credit Ledger showing the permit number and the resource type secured by the applicant. A copy mf the Affidavit ofSale, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. if any questions need to be answered, please contact me at 239-872-1678 Best Regards Matthew R. Fisher E8X-EM, LLC QO9 Capability Drive Suite 310O. Raleigh, N[27886 NEU-CON WETLAND AND STREAM MITIGATION BANK WETLAND CREDIT(S) QUOTE SELLER: EBX-Neese 1, LLC 909 Capability Drive Suite 3 100 Raleigh, NC 27606 Matt Fisher PURCHASER: Martin Marietta Materials, Inc. 413 Chimney Rock Road Greensboro, NC 27409 Attn: Brian K. North, PE Division Environmental Manager PURCHASER'S PROJECT NAME: Temporary Stream Crossing[Benson Quarry Prqject PURCHASER'S PROJECT LOCATION: IlUC 03020201 PROJECT IDENTIFICATION NUMBER: N/A CREDITS: Requested is 0.50 Riparian-Riverine Wetland Mitigation Credit(s) from the Neu-Con Wetiand and Stream Mitigation Bank. PURCHASE PRICE: EBX would like to offer the per credit price of $60,000.00 per Riparian-Riverine Wetland Credit (s). Quoted price is valid for 90 days from the date of this document and can be extended upon request from applicant. SELLER: EBX-Meuse 1, LLC By: Name: Matthew R Fisher Date: 0311912014 Burdette, Jennifer a From: Williams, Kelly [kelly.williams @ncdenr.gov] Sent: Monday, November 18, 2013 4:43 PM To: Brian North Subject: RE: Martin Marietta's Benson Quarry - EEP In -Lieu Fee Mitigation Request Yes- The NCEEP is agreeing to accept payment for the mitigation associated with the impacts in the request. So if it's 2:1 this is fine. I understand that you are also investigating bank credits and that EEP would essentially be taking payment for mitigation any existing banks with available credits cannot accept. Kelly From: Brian North [ mailto: brian .north(a)martinmarietta.com] Sent: Monday, November 18, 2013 4:38 PM To: Williams, Kelly Subject: RE: Martin Marietta's Benson Quarry - EEP In -Lieu Fee Mitigation Request Thanks Kelly. With the mitigation ratio a minimum of 2:1, does this approval allow for up to 50 acres of wetland credits if 25 acres are impacted? Just wanting to confirm. Brian K. North, PE Division Environmental Manager Martin Marietta Materials, Inc. (336) 389 -6616 (Office) (980) 721 -1212 (Mobile) From: Williams, Kelly [ mai Ito: kelly.wi Ilia msCa)ncdenr.gov] Sent: Monday, November 18, 2013 4:27 PM To: Brian North Cc: thomas .1. brown (a)usace.army.mil; Dennison, Laurie Subject: Martin Marietta's Benson Quarry - EEP In -Lieu Fee Mitigation Request Brian - Attached please find a response letter from EEP for the In -Lieu Fee Mitigation Request for the above referenced project. A hard copy will be sent to the applicant by mail. Once EEP receives the permits associated with the project from the applicant /agent, we will generate an invoice based on the mitigation amounts assigned to the NCEEP in the permits. This acceptance letter expires in six months. If an extension to this acceptance letter is needed, please let me know prior to its expiration. We appreciate the opportunity to provide this service to our customers. Don't hesitate to contact me if you have any questions. Sincerely, Kelly Let us know how we did: https:// www. surveVmonkeV .com /s /2013DENRCustomerService Kelly Williams NCEEP In -Lieu Fee Program Coordinator direct: 919.707.8915 US Postal Service Address: 1652 Mail Service Center Raleigh, NC 27699 -1652 EEP's Raleigh office is located in the N.C. Dept. of Environment and Natural Resources Building at 217 West Jones St., Suite 3000A, Raleigh, N.C. 27603. Parking and visitor access information is available on the EEP website. E -moil coi�i�eshonclence to cmclllwin this crclo'f�Css »toy be subject to the NmWi (cwolino Public Recoi�cls Low oncl inoy be clisclosecl to tlzil�cl pcwties.