20140573 Ver 1_Emails_20140604

Burdette, Jennifer a
From: Dana A. Lutheran [dlutheran @segi.us]
Sent: Wednesday, June 04, 2014 8:18 AM
To: Burdette, Jennifer a
Subject: Grantsboro Mine PCN and Impact Map
Attachments: DWR WQ Variance PCN.pdf; Grantsboro Impact and Mitigation Map 060414.pdf
Jennifer,
This is preliminary.
Our impact area is about' /2 acre more than what we shown for mitigation. We will probably be able to make the 1:1 ratio
with some tweeking. However, and I am not sure how you or the DWR will receive this, but taking into consideration that
Scott is avoiding about 3.5 acres of impact (loss of income and thus a type of compensatory mitigation) could we offset
the' /2 acre with avoidance and minimization? Don't want to push as I understand the situation... I'm just asking.
Call me if you see anything that you see needs to be changed.
Dana
SontGern Environmental Gronp, Inc.
55 i 5J' ontG College Koaci,J' nite [_
Wilmington, NC 284 i 2
('Gone: 9 10-+5 2-27 i i
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Office Use Only
Corps action ID no.
DWR project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑ Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑Yes ❑No
1 d.
Type(s) of approval sought from the DWR (check all that apply):
®401 Water Quality Certification — Regular ❑Non -404 Jurisdictional General Permit
❑401 Water Quality Certification — Express ❑Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWR
401 Certification:
❑Yes ®No
For the record only for Corps Permit:
® Yes ❑ No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of
impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee
program.
❑ Yes ®No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
®Yes ❑No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑Yes ®No
2.
Project Information
2a.
Name of project:
Grantsboro Mine
2b.
County:
Pamlico
2c.
Nearest municipality/ town:
New Bern
2d.
Subdivision name:
NA
2e.
NCDOT only, T.I.P. or state project no:
NA
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Cayton Development, LLC
3b.
Deed Book and Page No.
525/710, 572/342 & 560/476 (See Appendix A)
3c.
Responsible Party (for LLC if applicable):
Mr. Scott Cayton
3d.
Street address:
PO Box 3361
3e.
City, state, zip:
New Bern, NC 28564
3f.
Telephone no.:
252.671.3172
3g.
Fax no.:
NA
3h.
Email address:
msc0404'agmail.com

4.
Applicant Information (if different from owner) - same as above.
4a.
Applicant is:
❑Agent ❑Other, specify:
4b.
Name:
25.7 Acres
4c.
Business name
(if applicable):
2a. Name of nearest body of water to proposed project:
4d.
Street address:
SC;Sw,NSW
4e.
City, state, zip:
3. Project Description
4f.
Telephone no.:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: NA
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Dana A. Lutheran (see Appendix B)
5b.
Business name (if applicable):
Southern Environmental Group, Inc. (SEGi)
5c.
Street address:
5315 South College Road, Suite E
5d.
City, state, zip:
Wilmington, NC 28412
5e.
Telephone no.:
910.452.2711
5f.
Fax no.:
910.452.2899
5g.
Email address:
dutheran q segi.us
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
654158876900, 654158062400, 65418605600 & 6541484573000
1 b. Site coordinates (in decimal degrees):
Latitude: 35.1558 IN Longitude: 76.8408 °W
1 c. Property size:
25.7 Acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Sandhill Canal flows to South Prong Bay River
2b. Water Quality Classification of nearest receiving
water:
SC;Sw,NSW
2c. River basin:
Tar- Pamlico (03020105)
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Land use in the vicinity is mostly residential and agricultural. Currently the Applicant has cleared approximately all of the
land of vegetation and has excavated three (4) pits, totaling approximately 12.06 acres. Approximately 0.61 acres of Pit #4
was dug in wetlands. Several spoil piles, totaling 0.26 acres, have been placed within wetlands. Please refer to Appendix C
for details.
3b. List the total estimated acreage of all existing wetlands on the property: 16.28
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: NA
3d. Explain the purpose of the proposed project:
The purpose of this project is to conduct sand mining activities within an area determined to be USACE Section 404
wetlands.

3e. Describe the overall project in detail, including the type of equipment to be used:
Trackhoes and front end loaders will be used to remove root mat and woody debris from the minable area. Excavators will
then remove the overburden and sand from the pit. The soil will be sifted and sold to private residents and commercial
businesses alike.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream
®Yes ❑No ❑Unknown
determinations by the Corps or State been
2a.
Wetland impact
number Permanent
(P) or Temporary (T)
requested or obtained for this property/ project
Comments:
4b. If the Corps made the jurisdictional determination,
❑Preliminary ®Final
what type of determination was made?
Permanent
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company:
Name (if known): David Scibetta
SEGi
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Emily Greer verified SEGFs wetland line on 6/2/14. Ms. Jennifer Burdette (NCDWR) was present at the time of the
verification. The jurisdictional determination "tearsheet" had not been issued, at the time this application was being
prepared.
5. Project History
5a. Have permits or certifications been requested or
❑Yes ®No ❑Unknown
obtained for this project (including all prior phases)
in the past?
5b. If yes, explain in detail according to "help file" instructions.
NA
6. Future Project Plans
6a. Is this a phased project?
❑Yes ®No
6b. If yes, explain.
NA
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
®Wetlands ❑Streams — tributaries ❑Buffers ❑Open Waters ❑Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number Permanent
(P) or Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWR (401, other)
2f.
Area of impact
(acres)
Permanent
Excavation
Pocosin
Yes
404
4.49
2g. Total Permanent Wetland Impacts:
4.49
2h. Comments: Please see Appendix E for details.

3. Stream Impacts
4a.
Open water impact
number Permanent (P) or
Temporary (T)
4b.
Name of water body
(if applicable)
If there are perennial or intermittent stream impacts
(including temporary impacts) proposed on the site, then complete this
4e.
Area of impact (acres)
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
Filled
Excavated
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
5g. Comments:
5h. Is a dam high hazard permit required?
❑Yes ❑No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
3h. Total stream and tributary impacts
NA
3i. Comments:
Neuse Tar - Pamlico Catawba Randleman Other:
6b.
Buffer Impact number-
Permanent (P) or
Temporary (T)
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the
U.S. then individually list all open water impacts below.
4a.
Open water impact
number Permanent (P) or
Temporary (T)
4b.
Name of water body
(if applicable)
4c.
Type of impact
4d.
Water body type
4e.
Area of impact (acres)
01
4f. Total open water impacts
NA
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below. NA
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
5f. Total:
NA
5g. Comments:
5h. Is a dam high hazard permit required?
❑Yes ❑No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWR)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below.
If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
Neuse Tar - Pamlico Catawba Randleman Other:
6b.
Buffer Impact number-
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer Mitigation
required?
6f.
Zone 1 impact
(square feet)
6g.
Zone 2 impact
(square feet)
B1
6h. Total Buffer Impacts:
NA
NA
6i. Comments:

D. Impact Justification and Mitigation
1. Avoidanceand Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the location and size of the wetland feature, avoidance is not possible. However, the Applicant has agreed to avoid a
large portion of the wetland (approximately 3.74 acres). While there is material there, it is not as suitable. Please refer to
Appendix E for details.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All generated wastewater will be confined to the site. There will not be any discrete discharge of wastewater into waters of
the US or the State. In addition, silt fence will be utilized in areas where the grade is likely to erode and discharge into
wetlands. Seeding of bare areas will take place within 30 days of cease of action.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
The Applicant is proposing to offset impacts to wetlands with permittee responsible mitigation (i.e. restoration and
establishment) at a 1:1 impact to mitigation ratio. Please refer to Appendix E for details.
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑Yes ❑No
2b. If yes, mitigation is required by (check all that apply):
®DWR ❑Corps
2c. If yes, which mitigation option will be used for this
project?
❑Mitigation bank
❑Payment to in -lieu fee program
®Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank NA
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program NA
4a. Approval letter from in -lieu fee program is attached.
4b. Stream mitigation requested:
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWR only):
4e. Riparian wetland mitigation requested:
4f. Non - riparian wetland mitigation requested:
4g. Coastal (tidal) wetland mitigation requested:
4h. Comments

5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
The Applicant proposes to convert the existing two open water pits, located on the eastern portion of the tract, as well as
some of the adjacent uplands into wetlands. This will be accomplished by adjusting the grade of the bottom of the ponds and
the upland to match the elevation of the wetlands located south and east of the mitigation area. Please refer to Appendix E
for details.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑Yes ®No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount
of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
NA
3 (2 for Catawba)
Zone 2
NA
1.5
6f. Total buffer mitigation required:
NA
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
NA
6h. Comments:
E. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
®Yes ❑No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑Yes ❑No
2a. What is the overall percent imperviousness of this project? 0%
2b. Does the project require a Stormwater Management Plan?
❑Yes ®No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
There is no impervious surface area to be treated with this project.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?

❑Phase II
3b.
Which of the following locally - implemented stormwater management programs apply
❑ NSW USMP
❑Water Supply Watershed
(check all that apply):
❑Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑No
attached?
4.
DWR Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state - implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006 -246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑No
attached?
5.
DWR 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
®Yes ❑No
5b.
Have all of the 401 Unit submittal requirements been met?
®Yes ❑No
F.
Supplementary Information
1.
Environmental Documentation (DWR Requirement)
1 a.
Does the project involve an expenditure of public (federal /state /local) funds or the use
❑Yes ®No
of public (federal /state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the State
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
❑Yes ❑No
Comments:
2.
Violations (DWR Requirement)
2a.
Is the site in violation of DWR Wetland Rules (15A NCAC 2H .0500), Isolated Wetland
®Yes ❑No
Rules (15A NCAC 2H .1300), DWR Surface Water or Wetland Standards, or Riparian
Buffer Rules (15A NCAC 2B.0200)?
2b.
Is this an after - the -fact permit application?
®Yes ❑No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
The
violation consists of removing the function (habitat mainly) by means of excavation,
or by converting the wetland from
an
herbaceous feature to open water system. Approximately 0.61 acre of wetlands has been excavated without DWR
approval.
3.
Cumulative Impacts (DWR Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ®No
additional development, which could impact nearby downstream water quality?

3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most
recent DWR policy. If you answered "no," provide a short narrative description.
Once mining activities have been completed the area will be allowed to re- vegetate naturally, but will be maintained. The
proposed work will not provide access to undeveloped land outside the project limits.
4. Sewage Disposal (DWR Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the
proposed project, or available capacity of the subject facility.
Sewage will not be generated with this project.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
❑Yes ®No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
❑Yes ®No
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Natural Heritage
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑Yes ®No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The site is not in an area that abuts a system that would support Essential Fish Habitat.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have
designated as having historic or cultural preservation status (e.g., National Histric Trust
❑Yes ®No
designation or properties significant in North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Historical aerials and knowledge of the area were used to make this determination.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑Yes ®No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Mapping (see Appendix G)
f
Dana A. Lutheran
/
Jude 2014
Date
Applicant/Agent's Printed Name
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter
from the applicant is provided.)

0 55 110 220 330 440 Impact and Mitigation Map
Feet Grantsboro Mine Property w E
Map Source; ESRI World Maps May 9, 2010 Pamlico County, N.C.T -.
6/412014 Project #: 014 - 031.01 s