20140573 Ver 1_Emails_20140728

Burdette, Jennifer a
From: Dana A. Lutheran <dlutheran @segi.us>
Sent: Monday, July 28, 2014 5:54 PM
To: Burdette, Jennifer a; 'Greer, Emily C SAW'
Cc: 'scott cayton'; 'David Scibetta'
Subject: Grantsboro Mine Pre - Construction Notification (PCN)
Attachments: Grantsboro Mine PCN and Attachments 072814.pdf
Jennifer/ Emily:
Please find attached a copy of the PCN and accompanying attachments.
Emily,
Do you need a hard copy?
Jennifer,
How many copies do you need?
Please feel free to call if you have any questions or concerns before I mail the hard copies to you.
Dana
50utkern Environmental (,if-OUP, Inc:.
53 1 5 �30 Jtk C.oIIege KOa3d, Suite E_
Wilmington, NC.. 28-112
rkone: j i O. 152.271 1
Mokile: j 10.228.18-11
1

�pF Wl A T�R�
° g 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
1a. Type(s) of approval sought from the Corps' ® Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 44 and 27 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ®Yes ❑No
1d. 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
For the record only for DWR
For the record only for Corps Permit:
because written approval is not required?
401 Certification:
❑Yes ®No
❑ 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
❑ Yes ®No
program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
®Yes ❑No
below.
❑Yes ®No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
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 Attachment 1)
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:
mse0404 @gmail.com

4. Applicant Information (if different from owner) - same as above.
4a. Applicant is:
❑Agent ❑Other, specify:
4b. Name:
1 b. Site coordinates (in decimal degrees):
4c. Business name
(if applicable):
1c. Property size:
4d. Street address:
2. Surface Waters
4e. City, state, zip:'
2a. Name of nearest body of water to proposed project:
4f. Telephone no.:
2b. Water Quality Classification of nearest receiving
water:
4g. Fax no.:
2c. River basin:
4h. Email address:
3. Project Description
5. Agent/Consultant Information (if applicable)
5a. Name:
Dana A. Lutheran (see Attachment 2)
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:
[e-mail]
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 ON Longitude: 76.8408 °W
1c. 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 without USACE or DWR authorization (see Attachment 3). Several spoil piles, totaling 0.26 acres,
have been placed within wetlands. The spoil piles have been removed from the wetlands.
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
determinations by the Corps or State been ®Yes [:]No ❑Unknown
requested or obtained for this property / project Comments:
4b. If the Corps made the jurisdictional determination,
what type of determination was made? ❑Preliminary ®Final
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 SEGi's wetland line on 6/2/14. Ms. Jennifer Burdette (NCDWR) was present at the time of the
verification. Please see Attachment 4, entitled Grantsboro Mine Mitigation Plan, for a copy of the JD.
5. Project History
5a. Have permits or certifications been requested or
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?
6b. If yes, explain.
NA
C. Proposed Impacts Inventory
1. Impacts Summary
❑Yes ®No ❑Unknown
❑Yes ®No
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. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of impact
number Permanent Corps (404,10) or (acres)
(P) or Temporary (T) DWR (401, other)
Temporary rill Pocosin
Permanent Excavation Pocosin
Yes 404 0.49
Yes 404 5.33
2g. Total Permanent Wetland Impacts: 1 5.33
2h. Comments: The fill is associated with the stock pile locations and access road. These areas will eventually be excavated
material. Please see the attached Mitigation Plan for details of the wetland impact areas.

3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
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 intermittent (I NT)? jurisdiction stream length
Permanent (P) or width (linear
Temporary (T) (feet) feet)
3h. Total stream and tributary impacts NA
3i. Comments:
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. 4b. 4c. 4d. 4e.
Open water impact
number Permanent (P) or Name of water body Type of impact Water body type Area of impact (acres)
Temporary (T) (if applicable)
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.
5b.
5c.
5d.
5e.
Pond ID number
Proposed use or
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
purpose of pond
(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:
6d. 6e.
6b. 6c.
6f.
6g.
Buffer Impact number- Reason for impact
Stream name Buffer Mitigation
Zone 1 impact
Zone 2 impact
Permanent (P) or
required?
(square feet)
(square feet)
Temporary (T)
I
NA
B1
NA
6h. Total Buffer Impacts:
6i. Comments:

D. Impact Justification and Mitigation
1. Avoidance and 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, the Applicant has stated the material
is not as deep and is not as suitable as the material on the rest of the site. Avoiding this area will prevent the Applicant
from yielding any financial gain from the minable material.
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. enhancement,
establishment, and preservation). Please see the attached mitigation plan for details.
2a. Does the project require Compensatory Mitigation for
®Yes ❑No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
®DWR ®Corps
❑Mitigation bank
2c. If yes, which mitigation option will be used for this
❑ Payment to in -lieu fee program
project?
® 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 two existing open water pits, located on the eastern portion of the tract, into
herbaceous systems, as well as establish wetlands around the these features. This will be accomplished by draining the water
out of the pits, and adjusting the grade of the bottom of the ponds and the upland to match the elevation of the adjacent
wetlands, which are located to the east of the mitigation area. The area will then be planted with wetland woody species.
Please see the attached mitigation plan 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 ❑Yes ®No
buffer mitigation?
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)
1.5
Zone 2
NA
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. Therefore, a stormwater plan is not necessary.
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. In addition, the fill of 404 wetlands took place
with the tree removal and
excavation. To date, approximately 0.61 acre of wetlands has been excavated without DWR approval. The spoil mounds have
been removed from the areas designated as 404 wetlands.
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?
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 Requ
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 Historic 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.
B. 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 Attachment 5)
Dana A. Lutheran
28 Ju--`I 2y 014
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter
from the applicant is provided.)

Cayton Development Pre - Construction (notification 5r-6i
Attachment 1
Pamlico County GIS Tax Information Page

Pamlico County Tax Cards — Grantsboro Mine
Parcel #1
Name
Value
ACCOUNT
27921
PIN
654158876900
MAPID
F04 -12
MAP
6541
BLOCK
58
LOT
87
ACRES
15.99
CALC ACRES
16
BLDG VAL
0
LAND VAL
22386
TOTAL VAL
22386
LEGAL DESC
FF EAST SIDE 306 N
OWNER ADDR
P O BOX 3361
OWNER CITY
NEW BERN
OWNER NAME
CAYTON DEVELOPMENT LLC
OWNER STAT
NC
OWNER ZIP
28564
PLAT
PCA 174 -17
DEEDBOOK
000525
DEEDPAGE
710
DEED ACRES
16
DEED YR
19920701
SALEDATE
1/21/2009
SALE AMT
0
SITUS ADDR
OFF NC 306 HWY N

Pamlico County Tax Cards— Grantsboro Mine
Parcel #2
Name
Value
ACCOUNT
27921
PIN
654158062400
MAPID
F04 -12 -C
MAP
6541
BLOCK
58
LOT
6
ACRES
5.00
CALC ACRES
5
BLDG VAL
0
LAND VAL
7000
TOTAL VAL
7000
LEGAL DESC
E/S 306 N INSIDE GRANTSBO
OWNER ADDR
P O BOX 3361
OWNER CITY
NEW BERN
OWNER NAME
CAYTON DEVELOPMENT LLC
OWNER STAT
NC
OWNER ZIP
28564
PLAT
PCA 174 -17 TRACT 26
DEEDBOOK
000525
DEEDPAGE
710
DEED ACRES
5
DEED YR
19920701
SALEDATE
1/21/2009
SALE AMT
0
SITUS ADDR
OFF NC 306 HWY N

Pamlico County Tax Cards — Grantsboro Mine
Parcel #3
Name
Value
ACCOUNT
27921
PIN
654148605600
MAPID
F041 -77 -1
MAP
6541
BLOCK
48
LOT
60
ACRES
15.00
CALC ACRES
15
BLDG VAL
0
LAND VAL
35310
TOTAL VAL
35310
LEGAL DESC
EAST SIDE NC 306
OWNER ADDR
P O BOX 3361
OWNER CITY
NEW BERN
OWNER NAME
CAYTON DEVELOPMENT LLC
OWNER STAT
NC
OWNER ZIP
28564
PLAT
MH
DEEDBOOK
000572
DEEDPAGE
342
DEED ACRES
15
DEED YR
20120927
SALEDATE
9/27/2012
SALE AMT
82500
SITUS ADDR
952 NC 306 HWY N

Pamlico County Tax Cards — Grantsboro Mine
Parcel #4
Name
Value
ACCOUNT
27921
PIN
6541484573000
MAPID
F041 -76
MAP
6541
BLOCK
48
LOT
45
ACRES
5
CALC ACRES
4.7
BLDG VAL
18690
LAND VAL
15290
TOTAL VAL
33980
LEGAL DESC
EAST SIDE NC 306
OWNER ADDR
P O BOX 3361
OWNER CITY
NEW BERN
OWNER NAME
CAYTON DEVELOPMENT LLC
OWNER STAT
NC
OWNER ZIP
28564
PLAT
DEEDBOOK
000560
DEEDPAGE
476
DEED ACRES
5
DEED YR
19731101
SALEDATE
10/25/2011
SALE AMT
62000
SITUS ADDR
1068 NC 306 HWY N

Ca ton Develo ment Pre - Construction Notification � F Gi
Attachment 2
Agent Authorization

5E(si
AGENT AUTHORIZATION FORM
PROPERTY LEGAL. DESCRIPTION: FF Past Side 306 N_ E/5 306 N JUside Grantsboro. &East
Side NC 306
LOT NO. PLAN NO. PARCEL I.D. 654158876900.65415Sp62401). & 654t4h4573UU0_ —_
(respectively)
STREET ADDRESS: 180 Hunnings Farm Rd.. --
Property Owner (please print); Mr. Scott Canton (Carton Dcvclopment, LLC)_
The undersigned, registered property owner of the above noted property, does hereby authorize
Soutbern Egvirogmeotal GroulL -j g, (EEGil to act on my behalf' in matters regarding areas of
environmental concern.
Property Owner's Address (if different than property above):
PQ Box 3W
jN- sue__HCM_NC, S44
Telephone:
We bereby certify the abuys u 10& submitted in this application is true and accurate to the best of
)perty knowled o. - r A
r�
sr Authorized Signature SM Authortzed Signature
tt tr of ----
Priat Name
Date
Print Name
Date
L0 39Vd 14- 11M70 S3NVC ZZ39LESZ9Z. elo :LZ bt��Zfh[�l�ac

Cayton Development Pre - Construction Notification SE-Gi
Attachment 3
Aerial Photograph

Ca_tjton DeveIo ment Pre - Construction Notification r 6i
Attachment 4
Grantsboro Mine Mitigation Plan

�f .0
Soutkern Environmental Cjroup, Inc.
5 i 15 5outk College Road, Suite E • Wilmington, North Carolina 28412
910.+52-2711 • Fax [phone] • o{{[e-mail]
www.segi.us
Grantsboro Mine Wetland Mitigation Plan
Prepared for:
Cayton Development LLC
PO Box 3361
New Bern, North Carolina 28564
252.671.3172
Prepared by:
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711
Date:
28 July 2014

Cagton Development Mitigation Pan Page 12) 5r—Gi
Table of Contents
Section Description Page
I
Introduction
3
3
B
A. Project Description
8
B. Mitigation Rule Background Information
3
9
C. Mitigation Mechanisms
3
10
D. Permittee- Responsible Mitigation Plan Standards
3
II
Site Selection
4
A. Objective
4
B. Site Selection
4
C. Baseline Information
5
D. Mitigation Work Plan
5
III
Ecologically -based Performance Standards
6
A. Vegetation
6
B. Hydrology
6
IV
Monitoring Requirements
6
V
Contingency Plan
6
Appendices
Appendix Description Page
A
Grantsboro Mine Wetland Impact Map
7
B
USACE Jurisdictional Determination
8
C
Grantsboro Mine Mitigation Map
9
D
Grantsboro Mine Preservation Map
10
E
Soil Survey of Pamlico County
11

Ca ton ❑evelo mrnt Miti ation r6 (Fa e 1 3) 5r 6i
I. Introduction
A. Project Description
Cayton Development, LLC, herein referred to as the "Applicant ", has undertaken sand mining activities, within
an area determined to be Section 404 wetlands, by the U.S. Army Corps of Engineers ( USACE), and on
property owned by the Applicant. In order to complete the mining and make the project economically
practicable, the Applicant will need to fill 0.49 acres and excavate 5.0 acre of Section 404 wetlands (see
Appendix A). To complete the work, the Applicant is seeking USACE and Division of Water Resources
authorization to utilize Nationwide Permits (NWP) 27 and 44. As part of the permit process, the Applicant is
required to propose adequate compensatory mitigation plan, to offset the unavoidable impacts to wetlands.
B. Mitigation Rule Background Information
In 2008, the U.S. Environmental Protection Agency (EPA) published the "Mitigation Rule ", which is outlined in
Part 73, of the Federal Register, Page 19594. The rule establishes one set of standards for all mitigation required
under the Clean Water Act's Section 404 regulatory program. The rule combines previous guidance documents,
ranks the permissible compensation mechanisms in order of preference, and provides that all of these
compensation options must include a mitigation plan with a uniform, required set of components.
C. Mitigation Mechanisms
There are three (3) approved types of compensatory mitigation and should. They are as follows:
• Private Mitigation Banks
The first, and preferred option, is for permittees to purchase credits from an approved mitigation
bank. A mitigation bank is a wetland, stream, or other aquatic resource area that has been established
by a third -party organization.
• In -Lieu Fee Programs
The second option for mitigating impacts involves payment to an in -lieu fee program that will in turn
fund aquatic resource creation, restoration, enhancement, or preservation activities.
• Permittee- Responsible Mitigation
The final and least desirable option in the USACE' hierarchy allows the permittee itself to restore,
establish, enhance, or create aquatic resources. The permittee may implement mitigation measures
on -site or within the same river basin as the project site.
Note: The mitigation mechanisms have been listed in the order of preference.
D. Permittee- Responsible Mitigation Plan Standards
Standardized reporting criteria will help the USACE evaluate compliance and success of all mitigation methods
used to offset impacts to jurisdictional waters. This is accomplished by addressing the "Twelve Fundamental
Components of Mitigation." The rule describes the kind and level of information the USACE must consider
under any of the mitigation options. All mitigation plans should include most, if not all, of the 12 fundamental
components. They are as follows:

Cagton Development Mitigation Plan (Pa %c 14) - 5FIG
.� Objectives
ap Site selection information
t . Site protection instruments
Baseline information
A credit determination methodology
A mitigation work plan
A maintenance plan
Ecologically -based performance standards
Monitoring requirements
A long -term management plan
An adaptive management plan
a.. Financial assurances
II. Proposed Permittee - Responsible Mitigation Plan
A. Objective
In order to facilitate the mining of sand, 5.33 acres of USACE Section 404 wetlands will need to be
impacted. While the preferred method of mitigation is payment to a private mitigation bank or the NC
Ecosystem Enhancement Program (EEP), these options are not financially feasible for the Applicant, as a one
to one (1:1) mitigation to impact ratio would cost $251,565.00. Therefore, in conjunction with the
Applicant's willingness to minimize impacts to wetlands, he also proposes to carry out the following
compensatory mitigation:
Mitigation Type Proposed Acreage Mitigation to Impact Ratio
Enhancement (pond areas)
2.86
.54 to 1
Enhancement (vegetative area)
1.91
.36 to 1
Establishment
1.74
..33 to 1
Total Enhancement & Establishment
6.51
1.22 to 1
Preservation
6.51
1.22 to 1
B. Site Selection
1. Enhancement and Establish Areas
The Applicant is proposing to utilize land within the project limits, to fulfill the mitigation plan.
Currently, there are two borrow pits on the property. The ponds were excavated prior to the Applicant
taking ownership of the property. One of the ponds has been claimed by the USAGE, as jurisdictional
waters (see Appendix B). Cumulatively, the ponds encompass 2.87 acres. The ponds have been bermed
up and are adjacent to wetlands to the south and east. The fringe of the wetland feature to the east of the
borrow pits has been cleared of larger trees and shrubs.
Utilizing the NC Division of Water Resources Wetland Assessment Method Manual, the adjacent
wetlands have been classified as a hardwood flat. These wetlands are typically found in the coastal plain
ecoregions, on poorly drained, interstream flats and can transition to Pocosin, Pine Savanna, Pine Flat,
and Non - Riverine Swamp Forest. The primary source of water is a high water table resulting from
precipitation and overland runoff, are commonly dominated by hardwood tree species.
2. Preservation Areas
The proposed preservation areas include the mitigation areas (6.51 AC (see Appendix D)).
I NC Department of Environment and Natural Resources, Wetland Assessment Method v4.1

Cayton Development Miti _gation Plan (Page 15) 5E-Cj1
C. Baseline Information
Baseline information was collected for the impact and mitigation areas.
1. Impact Area
a) Soils
According to the ESRI World Imagry, Soil Survey of Pamlico County, soils within the mitigation
site have been mapped as Wasda muck (Sd) (see Appendix E). This soil is nearly level and very
poorly drained. Typically, the surface layer is black muck 12 inches thick, and the seasonal high
water table is at or near the surface.
b) Hydrology
The seasonal high water table can be found within 12" of the surface.
c) Vegetation
Vegetation within the impact area consists of Ilex coriacea (Holly, ba- gall), Magnolia virginiana
(Magnolia, sweetbay), Acer rubrum (Maple, red), Persea palustris (Bay, red), and Caccinium
corymbosum (Blueberry, highbrush).
2. Mitigation Area
a) Soils
The mitigation area is mapped as having the same soil series as the impact area (i.e., Wd).
b) Hydrology
Except in those areas where berms have been created, the seasonal high water table is at or near
the surface.
c) Vegetation
As a result of the previous mining activity, very little natural vegetation exists within the
mitigation area.
D. Mitigation Work Plan
The Applicant intends to dewater the existing borrow pits, remove the berms around the north, south and east
sides of the pits, and excavate the abutting uplands to an elevation that is equal to the adjacent wetlands (see
Appendix C). Once this has been completed, hydric soil will be brought in and the area planted with hydrophytic
vegetation. Vegetation will consist of some, if not all, of the following:
Nyssa aquatica (Swamp gum) Acer rubrum (Maple, red)
Ulmus americana (American Elm) Q. laurifolia (Oak, laurel)
Taxodium distichum (Bald Cypress) Persea palustris (Bay, red)
Magnolia virginiana (Magnolia, sweetbay)
Vegetation will be planted on 15 foot centers. It is expected that natural wetland vegetation will Hydrology will
be supplied to the mitigation area, by directing overflow water from the existing pit into the mitigation area.

Ca ton Develo ment Miti ation Pian (Page 16) F—Gi
III. Ecologically -based Performance standards
The success criteria of this mitigation site will be based on the 1987 U.S. Army Corps of Engineers Wetland
Delineation Manual and The Regulatory Supplement to the Corps of Engineers Wetland Delineation Manual:
Atlantic and Gulf Coastal Plain Region (Version 2.0)2. The site can be deemed successful once it meets the
three (3) wetland parameters outlined in the manual and as further described in this section.
A. Vegetation
The success of wetland vegetation planting for the established and enhanced wetland areas will be gauged by
stem counts of planted species within the mitigation areas. Species survival must meet or exceed 320 three year
old trees after three years and 260 five year old trees after five years. All wetland mitigation areas must be
dominated by more than 50% hydrophytic vegetation. Three sampling plots are proposed (see Appendix Q. The
permittee will provide a map showing the plot locations of the vegetation sampling areas to the DWR.
B. Hydrology
The minimum requirement to meet hydrology success criteria for all created and established wetland areas will
be saturation within the upper 12 inches of the soil for 12.5 % of the growing season. The minimum requirement
to meet hydrology success criteria for the enhanced wetland areas will be saturation within the upper 12 inches
of the soil for 6% of the growing season.
Two (2) hydrologic monitoring wells will be installed. One (1) well will be installed within the established area
and one (1) within the enhancement area of the mitigation site (see Appendix Q. The hydrologic monitoring
wells will be installed in accordance with the document titled, "Technical Standard for Water Table Monitoring
of Potential Wetlands Sites ", dated June 20053. Monitoring wells will be installed upon completion of all
proposed mitigation work.
IV. Monitoring Requirements
Monitoring reports will be submitted to the USACE and DWR, by December 31 of each year. The monitoring
reports will be prepared in accordance with Regulatory Guidance Letter 08 -034 and will include maps, site
photographs, vegetation monitoring results and hydrologic monitoring results. The monitoring reports will also
include monitoring well data graphs that clearly depict depth to groundwater, precipitation, monitoring dates and
monitoring well results.
V. Contingency Plan
In the event that the proposed mitigation does not meet the stated success criteria, the Applicant will take actions
to resolve the problem (i.e., additional plantings, introduction of more hydrology into the area, additional
grading). Any additional measures taken to improve the vitality of the mitigation area will be discussed and
approved by the USACE and DWR prior to work taking place.
2 hitp: / /www.usace. army. mil /11ortais/2 /dots /civilworks /re ulatory /rey_supp /AGCP_reesupV2.pdf
3 http:// www. orego n. gov /dsl /docs/techstan_watertable mcs.pdf
41 .ittp: / /www.spk.usace.army.iniI /Portals /12 /docinnents /re ue latory / mitigat ion/ Minimum% 20Monitoring %20Requirements.pdf

Ca ty on Development Mitigation Plan Page 17) S�CjI^
Appendix A
Grantsboro Mine Wetland Impact Map

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Cayton DeveloEment Mitigation Plan Page 1 8) SE-GI
Appendix B
USACE Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW- 2013 -01288 County: Pamlico U.S.G.S. Quad: NC- BAYBORO
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Cayton Development, LLC
c/o Mr. Scott Cayton
P.O. Box 3361
Address: New Bern, North Carolina 28564
Telephone Number: 252.808.2897
Size (acres) 40 Nearest Town Grantsboro
Nearest Waterway North Prong Bay River River Basin Lower Neuse. North Carolina.
USGS HUC 3020204 Coordinates Latitude: 35.155794
Longitude: - 76.84161
Location description: The property is located on the east side of Highway 306 just north of the town of Grantsboro and
Highway 55. The property contains undeveloped, forested wetlands, four borrow pits, and access roads from Hunnings Farm
Road and Highway 306. This is an active sand mining operation with open violations.
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described property.
We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33
CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district
for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the
JD.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
Page 1 of 2

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Emily Greer at 910 - 251 -4567 or
Emily. C.GreerAusace. army.mil.
C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to the 1987 Wetland Delineation Manual and flows into
Sandhill Canal, a second order tributary of the Bay River.
D. Remarks: Violations currently exist onsite under Sections 404 and 401 of the CWA. Attempts are being made to
get the applicant in compliance through issuance of after - the -fact permits, new permits, and onsite permittee-
responsible mitigation. No new filling activities are allowed until permitting and restoration have been reviewed and
approved by both State and Federal agencies. Approximately 18 acres of wetlands and one borrow pit (approx 1.5
acres; northeast corner of property) were determined to be jurisdictional.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by NA.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Digitally signed by GREER EMILY-Cl 385325300
GREER.EMILY.C.1385325300 n�REER.EMIYC1385325nu =DoD, ou =PKl, ou =USA,
Date: 2014.061017:36:30-04W
Date: June 20, 2014 Expiration Date: June 20, 2019

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 our Customer Satisfaction Survey, located online at
http : / /regulatoi-Y.usacesurvey.com/.
Copy furnished:
Ms. Jennifer Burdett, NCDENR
Via email
Mr. Roberto Scheller, NCDENR
Via email
SEGi Consultants
Via email

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): June 20,
2014
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Mr. Scott Cayton, Cayton Development,
LLC, P.O. Box 3361, New Bern, NC 28564
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Scott Cayton Sand Mine, SAW- 2013 -01288
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County/parish/borough: Pamlico City: Grantsboro
Center coordinates of site (lat /long in degree decimal format): Lat. 35.155794° Pick List, Long. - 76.84161 ° Pick List,
Universal Transverse Mercator:
Name of nearest water body: North Prong Bay River
Identify (estimate) amount of waters in the review area:
Non - wetland waters: linear feet: width (ft) and/or 1.5 acres.
Cowardin Class: Relatively permanent water
Stream Flow: Pond
Wetlands: 18 acres.
Cowardin Class: Palustrine, forested, non -tidal
Name of any water bodies on the site that have been identified as Section 10 waters:
Tidal:
Non - Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): July and October 2013, March and June 2014
1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit
applicant or other affected parry who requested this preliminary JD is hereby advised of his or her option to request and obtain an
approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWT) or other
general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non - reporting NWP or
other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby
made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which
does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD
before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD
could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the
right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit
authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that
undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the
applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable;
(6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any
form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on
the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal
court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as
is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or
individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal,
jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make
an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters
on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable.

This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic
features on the site that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case
file and, where checked and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant /consultant: Maps, sketch of delineation line.
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
Office concurs with data sheets /delineation report.
❑ Office does not concur with data sheets /delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24k, Bayboro, NC.
® USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey.
® National wetlands inventory map(s). Cite name: USFWS Wetland Mapper.
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ❑ Aerial (Name & Date): Google Earth 1993, 1994, 1998, 1999, 2002, 2005, 2008, 2011, 2013.
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should
not be relied upon for later jurisdictional determinations.
GREER.EMILY.C.138 M, yM- bGREEfl.mEMIILYCIMO 25 �
o USA.crKGK EMILY.0 1395325300
5325300
mu:Mt40cw LJ] %.wm
Signature and date of
Regulatory Project Manager
(REQUIRED)
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
Impracticable)
Site
Cowardin
Estimated amount of
Class of aquatic
Latitude
Longitude
aquatic resource in
number
Class
resource
review area
1
35.154799
- 76.841840
Palustrine,
12 acres
Non -tidal wetland
forested
2
35.156047
- 76.839937
RPW
1.5 acres
Jurisdictional pond

Cayton ]development Mitigation Plan 19) GI
Appendix C
Grantsboro Mine Mitigation Map

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Cayton Development Mitigation Plan Page I 1 O) �r-6i
Appendix D
Grantsboro Mine Preservation Map

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Appendix E
Soil Survey of Pamlico County

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Cayton Develo ment Pre - Construction Notification E-Gi
Attachment 5
Pamlico County Flood Zone Map

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