20140727 Ver 1_Individual_20150812

Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] • Fax: [phone]
sandec.com
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Mr. David Shaeffer
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From: Bob Zarzecki
Soil & Environmental Consultants, P.A.
August 12, 2015
S &EC Project # 11282
N.C. Division of Water Resources
401 & Buffer Permitting Unit
Attn: Karen Higgins
Archdale Building — 9`h Floor
512 North Salisbury Street,
Raleigh, NC 27604
Re: HANSON CRABTREE QUARRY EXPANSION
INDIVIDUAL PERMIT APPLICATION
On behalf of the owner, Hanson Aggregates Southeast, LLC, please find attached a complete application
and supplemental information requesting an Individual Permit from the U.S. Army Corps of Engineers
(USAGE) and an Individual Certification from the N.C. Division of Water Quality (DWQ). Please contact
me at (919) 846 -5900 if you have any questions or require additional information.
Project Name
Project Type
Owner / Applicant
County
Nearest Town
Waterbody Name
DWQ Stream Index Number
Class
USGS Cataloging Unit
PROJECT SUMMARY
Hanson Crabtree Quarry Expansion
Hard Rock Quarry
Hanson Aggregates Southeast, LLC
Wake
City of Raleigh
Crabtree Creek
27- 33 -(10)
C, NSW
Upper Neuse — 03020201
(Outside the Falls Lake Watershed)
IMPACT SUMMARY
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
Attachments:
Individual Permit Application Form, Block Sheets & Supplemental Information
$570 Application Fee to DWQ
0.64
0.04
0
0.68
2,523
Hanson Crabtree Quarry Expansion - Page 1 of 318

Permit Request Summary
Hanson Aggregates Southeast, LLC is a North Carolina licensed corporation and
subsidiary of Lehigh Hanson, the World's largest producer of aggregates. Hanson
operates eight (8) aggregate quarries in North Carolina, including three (3) located in
Wake County (Crabtree Quarry, Raleigh Quarry & Holly Springs Quarry).
Hanson is in the process of expanding their Crabtree Quarry. The expansion project
incorporates planning for the ultimate site life of all future quarry operations, as allowed
for under the February 4, 2014 Settlement Agreement with the City of Raleigh (COR).
This agreement limits quarry operations to the Northern Property (prohibiting expansions
to the south of Crabtree Creek and east of Duraleigh Rd.), and requires all quarry
operations to cease prior to February 4, 2052 (38 years from the effective date of the
agreement), or if 30 million tons of aggregate is removed prior to that date. The
agreement also requires several conditions, to include the construction of the Northern
Boundary Berm (a.k.a., Visual Barrier Berm), to be constructed of overburden material
and to provide additional buffering for the existing residential properties to the north.
A meeting was held on -site with the US Army Corps of Engineers ( USACE) and N.C.
Division of Water Resources (DWR) to verify the wetland and stream delineation and to
review the preliminary expansion plans. The USACE project number for this
jurisdictional determination is SAW - 2014 - 01246. The DWR stream determination
number is NBRRO# 14 -251. The N.C. Department of Environment and Natural
Resources (DENR) determined that the quarry was grandfathered/exempt from the Neuse
Buffer Rule as outlined in their attached letter dated April 9, 2015. Comments were also
received from the N.C. Wildlife Resources Commission (WRC) per the attached letter
dated May 28, 2014. The information provided within this application incorporates
determinations, agreements and guidance obtained from these agencies.
The expansion plan addresses all potential future stream and wetland impacts under a
single Individual Permit Application. These planned expansion activities will
unavoidably impact 2,523 ft. of headwater streams and 0.04 acres of wetlands. Of these
stream impacts, 2,316 ft. are permanent impacts.
In an effort to minimize the impacts Hanson, has redesigned and reduced the size of the
pit area that was approved under the settlement agreement, allowing them to avoid one
stream altogether and also allowing them to relocate a significant amount of stream that
was originally proposed to be piped. This is outlined in the attached Conceptual Stream
Relocation Plan, in which Hanson is proposing to relocate approximately 950 ft. of
stream using natural channel design techniques. The result would be a net loss of 1,366
ft. of jurisdictional streams, compared to the original plans which proposed over 2,950 ft.
To mitigate for these impacts and losses, Hanson is proposing to purchase 3,545 ft. of
stream mitigation credits (a resulting 2.6:1 mitigation ratio for the stream loss) from the
N.C. Division of Mitigation Services (DMS) or private mitigation bank (if credits are
available at the time the requested permit is approved). A mitigation acceptance letter
from DMS is attached.
Hanson Crabtree Quarry Expansion - Page 2 of 318

TABLE OF CONTENTS
1. INDIVIDUAL PERMIT APPLICATION ......................................................... ............................... 4
2. AGENT AUTHORIZATION FORM ................................................................ ...............................
7
3. BLOCK SHEETS & ALTERNATIVES ANALYSIS ....................................... ...............................
8
4. PUBLIC INTEREST ISSUES .............................................................................. .............................57
5. SITE VICINITY MAPS ....................................................................................... .............................65
6. DWR & USACE VERIFICATIONS ................................................................... .............................78
7. IMPACT MAPS .................................................................................................... .............................99
8. CONCEPTUAL STREAM RELOCATION PLAN ........... ............................... ............................104
9. CITY OF RALEIGH SETTLEMENT AGREEMENT ..... ............................... ............................156
Hanson Crabtree Quarry Expansion - Page 3 of 318

U S ARMY CORPS OF ENGINEERS Form Approved -
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB No. 07fo-0003
33 CF 325 The proponent agency is CECW -CO -R I Expires 30- SEPTEM9ER•20 15
Public reporting for this collection of information is estimated to average 11 hours per response indudrng the fine for revievwrng instructions searching
existing data it"ces, gathering and maintaining the data needed and completing and rev~ng the collection of information Send Convnents regarding
this burden etNhnlite at airy other aspect or the Collection of information, including suggestions fof reducing this burden to Department or Defense
Wash rgion Headquaners Executive Services and Communocalions Direclorale Information Management Division and to the Office or Management and
Budget Paperwork Reduction Protect (0710 -0003) Respondents should be aware that notwithsland�ng any other provision of law, no person shall be
subject to any penalty for failing to comply with a COMCCtion of information d d does not display a currently valid OMB control number Please OO NOT
RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having tunsdiUron over the location of
the proposed aclmty
PRIVACY ACT STATEMENT
Authorities Rivers and Harbors Act Section 10 33 USC 403, Clean Water Act Section 404. 33 USC 1344. Manne 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 wilh the Department of Justice and other
federal state and local government agencies and the public and may be made available as part of a pub is notice as required by Federal law Subrrussion
of requested information is voluntary, however d information is not provided the permit application cannot be evaluated nor can a permit be issued One set
of original drawings or good reproducrbte copes which show the location and character of the proposed act" must be attached to this appiacation (see
sample drawings androf instructions) and be submitted to the District Engineer having funsdict on over the location of the proposed activity An application
that is not completed in tuft will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1 APPLICATION NO 12 FIELD OFFICE CODE 13. DATE RECEIVED 14 DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE TILLED BY APPLICANT)
5 APPLICANT -S NAME B AUTHORIZED AGENT'S NAME AND TITE.E (agent is not required)
First Jack Mk101e - Last - Garvey First Bob Midge - Last - Zarlecki
Company - Hanson Aggregates Southeast, LLC Company - Soil & Environmental Consultants„ PA (S&EC)
E -mail Address - Jack GarveyCUlhanson.bix E mail Address - hzatzecki a xandec.com
6 APPLICANT'S ADDRESS g AGENT'S ADDRESS
Address 2101 Gateway Centre Blvd.. Suite 100 Address 8412 falls of Treuse Rd., Suite 104
City - Morrisville State - NC Zip - 27560 Cour*y - USA City- Raleigh Slate - NC Zip - 27615 Courdry -1 ISA
7 APPLICANTS PHONE NOS wIAREA CODE 10 AGENTS PHONE NOS w1AREA CODE
a Residence b Business c Fax a Residence b Business c Fax
n a [phone] [phone] n a (919) 846 -5900 (9191846-9467
STATEMENT OF AUTHORIZATION
11 I hereby authorize S&FC Mr Bob ZarZe[k) to act on my behalf as my agent in the prciceS" of this application and to fumish upon request
supplemental information in support of this perrlrl a a-vo
SIG U E OF ANT DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12 PROJECT NAME OR TITLE (see instructions)
HANSON CRABTREF QUARRY EXPANSION
13 NAME OF WATERBODY. IF KNOWN (if applicable)
Crabltee (-teek - Stream Index No. 27- 33 -(10)
15 LOCATION OF PROJECT
14 PROJECT STREET ADDRESS (if applicable)
Address 5001 Duraleigh Rd.
tatdude. •N 35 8474 Longrlude W - 078 —1-11, 1 Coy - Raleigh
16 OTHER LOCATION DESCRIPTIONS IF KNOWN (see instructions) Y
State Tax Paroel ID - PIN No 07864 13 387 Municipality - Citr of Raleigh
Section \'iirth %wC%f Township - I louse Creek Range - n a
ENG FORM 4345, DEC 2014
PREVIOUS EDITIONS ARE OBSOLETF
State %(
Zip I ISA
Page t of 3
Hanson Crabtree Quarry Expansion - Page 4 of 318

17. DIRECTIONS TO THE SITE
The quarry is located at 5001 Duraleigh Rd., Raleigh, Wake County, NC. From the intersection of the 1- 440IBeliline and 'US- 701Glenwood
Ave., travel northwest on Glenwood Ave. for 3 miles. turn left (south) onto Duraleigh Rd., travel south for I mile, and the quarry entrance
wiI I be on the right 1 west).
Note: All visitors are required to sign in at the quarry office immediately upon entering the property
18 Nature of Activity (Description of project include all features)
• See attached "Block 18"
19 Project Purpose (Describe the reason or purpose of the project. see instructions)
See attached "Block 19"
USE BLOCKS 20-23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20 Reason(s) for Discharge
" See attached "Block 20"
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
• See attached "Block 21"
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres • See attached 'Block 22"
or
Linear Feet
23. Description of Avoidance, Minimization. and Compensation (see instructions)
• See attached 'Block 23"
ENG FORM 4345, DEC 2014
Page 2 of 3
Hanson Crabtree Quarry Expansion - Page 5 of 318

24 Is Any Portion of the Work Already Complete? ©Yea �o IF YES DESCRIBE THE COMPLETED WORK
See attached "Block 24'
25 Addresses of Adjoining Property Ciwners Lessees Etc Whose Property Adjoins the Waterbody id Mwit nw.. cry to ~90 rrn 83"A" ArWn a wcoaRr " eu
a Address- 4 See at.Itached "Block 25"
City - State Zip
b Address
City State Zip
c Address
City State Zip -
d Address
Coy Stale Zip
e Address
Coy Slate Zip
26 L isl 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
t it?. of Raleigh Settlemenl Agreement February 4. 2014
NCDENR - DWR Stream Determination NBRROMI4 -231 October 6. 2014
NCDENR - DEAILR Mine Permit plod. 92 -03 Januan 21, 2015
NCDENR Vested Right April 9, 2015
' Woufd kKiude but is not restricted to zoning building. aril flood plain permits
27 Application is hereby made for permit or permits 10 authorize the work described in trus application I cerbty that this information in this application is
complete end accurate i further certify that I possess the aulho,nly to undertake the work described herein or am acting as the duty authorized went or 11-rw
applicant
��• 1 � A C'�/�^�"'d4 � �LI�' 1 1 r,7�d 1 � �` 1��%�f� 7� Jr�,� fs_
S G TUBE Cor*f °iL1CA ` HATE NAT AGEw DATf
The A IiCa I must be signed b t o who desires to undertake the proposed activity a licanl or rC may be signed b a dui
PP 9 Y p Po Y( pP 1 Y 9 Y Y
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 of
fraudulent statements or entry shall be fined not more than $10.000 or imprisoned not more than five years or both
ENG FORM 4343, DEC 2011 Page 3 of 3
Hanson Crabtree Quarry Expansion - Page 6 of 318

Soil & Environmental Consultants, PA
8412 l :ills of \ease Road, SL61C 104, Raleigh, N(276151 • Phone: ()19) 1446 -5900 • lax: ()19) 846 -9467
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name /Description: HANSON AGGREGATES - CRABTREE QUARRY
S &EC Project ##11282
Date: June 2014
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: David Shaeffer Field Office: Raleigh Reaulatory Field Office
I, the undersigned, a duly authorized owner of record of the property/ properties identified herein, do
authorize repres6ntatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil &
Environmental Consultants, PA (S &EC) staff, as my agent, to enter upon the property herein described
for the purpose of conducting on -site investigations and issuing a determination associated with Waters
of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of
the Rivers and Harbors Act of 1899. This document also authorizes S &EC, as my agent, to act on my
behalf and take all actions necessary for the processing, issuance and acceptance of a permit or
certification and any and all associated standard and special conditions. This notification supersedes any
previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by S &EC staff. You should call S &EC to arrange a site
meeting prior to visiting the site.
PARCEL INFORMATION:
Property Description: Hanson Crabtree Ouarry & Adiacent Hanson Properties
PIN(s): 0786433387 / 0786421978 / 0786308569 / 0786554037 /0786620033/0786512559
Site Address: 5041 Duraleiah Road
City, County, State: Raleigh. Wake Countv. NC 27612
PROPERTY OWNER INFORMATION:
Hanson Aalrreeates Southeast. LLC
2101 Gatewav Centre Blvd, Suite 100
Morrisville, Wake Countv. NC 27560
Jca.c.k &rvLy : tz_nWi ^onMa ti �i Mukvic�y_r b(,/ -' C) I `f
Property Owner (please print) Date
Prope per Si u�
We hereby certify the above information submitted in this application is true and accurate to the best of
our knowledge.
Hanson Crabtree Quarry Expansion - Page 7 of 318

BLOCK 18 — Nature of Activity
The planned quarry expansion project incorporates enlargement of the existing mine pit
from approximately 40 acres to approximately 60 acres, construction of the Northern
Boundary Berm (a landscaped, permanent on -site overburden storage area and visual and
noise barrier from existing residential developments) of approximately 10 acres, and new
future stockpile area. In conducting these expansion activities, it will be necessary to
impact 2,523 feet of jurisdictional streams and 0.04 acres of jurisdictional wetlands.
Of the 2,523 feet of stream impacts;
• 1,126 feet will be piped under the proposed Northern Boundary Berm,
• 1,190 feet will be excavated for pit expansion, &
• 207 feet will be temporarily impacted as transition areas.
Approximately 950 feet of stream will be relocated, as described in the Conceptual
Stream Relocation Plan.
The total resulting loss of stream length will therefore be 1,366 feet.
These impacts are discussed in further detail in Block Sheet 22.
Hanson Crabtree Quarry Expansion - Page 8 of 318

BLOCK 19 — Project Purpose
Hanson Aggregates Southeast, LLC is a North Carolina licensed corporation and
subsidiary of Lehigh Hanson, the World's largest producer of aggregates. Hanson
operates eight (8) aggregate quarries in North Carolina, including three (3) located in
Wake County (Crabtree Quarry, Raleigh Quarry & Holly Springs Quarry).
Hanson is in the process of expanding their Crabtree Quarry. The expansion project
incorporates planning for the ultimate site life of all future quarry operations, as allowed
for under the February 4, 2014 Settlement Agreement with the City of Raleigh (COR).
This agreement limits quarry operations to the Northern Property (prohibiting expansions
to the south of Crabtree Creek and east of Duraleigh Rd.), and requires all quarry
operations to cease prior to February 4, 2052 (38 years from the effective date of the
agreement), or if 30 million tons of aggregate is removed prior to that date. The
agreement also requires several conditions, to include the construction of the Northern
Boundary Berm (a.k.a., Visual Barrier Berm), to be constructed of overburden material
and to provide additional buffering for the existing residential properties to the north.
The expansion plan addresses all potential future stream and wetland impacts under a
single Individual Permit Application. If approved, this permit would allow Hanson to
continue to provide crushed stone products for public and private construction projects in
the Wake County and Triangle market area of North Carolina until the year 2052.
Crushed stone, from operations like this, is used to make concrete and asphalt roads,
concrete for homes and office buildings, and is used in a wide variety of erosion control
projects. Aggregate operations are relatively long lived and are vital to the economic
health of communities. About 10 tons of aggregates are required annually for each North
Carolina citizen. A typical residential subdivision requires about 300 tons of aggregate
per home. The single largest market for aggregates is road and street construction,
including base and asphalt paving for highways, parking lots and other pavements. One
mile of typical 2 -lane asphalt road with aggregate base requires about 25,000 tons. Other
large markets are portland cement concrete for bridges, pavements and building
structures, riprap and erosion control stone, and railroad ballast. Approximately 50
percent of all aggregate is used for publicly funded construction projects i.e., highways,
water and sewer systems, public buildings, airports and other county and municipal
public works projects.
The current Mining Permit modification allows Hanson to proceed with Phase 1 of their
expansion plan. This phase is located entirely in upland areas and has not impacts to
jurisdictional wetlands or streams. Major components of the plan include the expansion
of the existing pit to the north and construction of a portion of the Norther Boundary
Berm. Phases 2 and 3 would complete the expansion for the life of the quarry, and
require the stream and wetland impacts requested in this application. The completion of
the Northern Boundary Berm would occur shortly after permit approval, followed
sometime after by the stream relocation and overburden stripping west of the main
stream, and eventually the completion of the stream relocation and pit expansion.
Hanson Crabtree Quarry Expansion - Page 9 of 318

BLOCK 20 — Reasons for Discharge
The reason for the requested discharges to jurisdictional waters is to expand the existing
pit and construct the Northern Boundary Berm, as detailed in the attached impact exhibits
and tables.
Please refer to the attached "Alternatives Analysis" prepared by Hanson, which provides
a detailed explanation of the following alternatives;
• Alternative 1 (Off -Site Alternative),
• Alternative 2 (On -Site Avoidance - Existing Pit),
• Alternative 3 (Minimization Plan — Eastern Pit Mine Plan (Not Proposed)),
• Alternative 4 (Minimization Plan — Proposed Mine Plan), &
• Alternative 5 (Entire Area Mine Plan).
Only Alternative 4 (Minimization Plan — Proposed Mine Plan) would allow for the
expansion of the existing pit and operations to yield the necessary reserves to continue
operations at the quarry until 2052, as allowed for within the settlement agreement with
the City of Raleigh. This plan reduces the pit limits from the maximum limits agreed to
with the City, in an effort to avoid one of the 1St order tributary streams in its entirety.
Hanson Crabtree Quarry Expansion - Page 10 of 318

Lehigh Hanson
HEIDELBERGCEMENTGroup
Alternatives Analysis
In 2014 the City of Raleigh and Hanson Aggregates entered a settlement agreement regulating
mine life and land usage at Crabtree Quarry. The agreement allows for the existing pit to be
expanded northward pending the completion of a visual barrier berm on the northern property
edge. The agreement prevents Hanson from expanding to the south of Crabtree Creek or to the
east side of Duraleigh Road. The quarry is at a point of needing to begin this expansion to have
adequate reserves for the remaining site life. The site life is limited by the settlement agreement
with a firm mining cessation date of February 4th, 2052. Given current and forecasted market
demands, a conservatively estimated 23.9 million tons of reserves will be needed to reach this
cessation date. Outlined below are potential alternatives and their merits.
Alternative 1 (Off -Site Alternative)
The Crabtree Quarry market could be supplied with stone from an alternate Hanson location.
This option would avoid all stream and wetland impacts; however, this option is impractical
from a business perspective. The nearest Hanson site is the Raleigh Quarry, approximately
nineteen miles away. Supplying the Crabtree market from this location would put Hanson at a
significant competitive disadvantage by adding additional distance and cost to all haul rates.
Alternative 2 (On -Site Avoidance - Existing Pit)
Crabtree Quarry could also choose to remain within their existing pit footprint. This option
would avoid all stream and wetland impacts, but mine life would be limited significantly. The
existing pit contains approximately 1.8 million tons of reserves, enough for roughly three more
years of mine life. This option would force the quarry to close in 2019, thirty -three years before
the mandated cessation date.
Alternative 3 (Minimization Plan — Eastern Pit Mine Plan (Not Proposed))
The Eastern Pit Mine Plan option allows Crabtree quarry to expand its mining footprint while
minimizing the amount of streams and wetlands impacted. The option involves developing the
pit only to the east of Stream 1 and constructing the northern boundary berm. The settlement
agreement outlines that the pit cannot be developed northward without the construction of the
berm. The berm is also needed for permanent overburden storage. Therefore, this option would
require the streams and wetlands underneath the northern boundary berm to be impacted, but the
Hanson Crabtree Quarry Expansion - Page 11 of 318

streams and wetlands outside of the berm would remain unaffected. The pit footprint associated
with this plan would yield approximately 17.9 million tons of reserves or about twenty -seven
years of mine life. Utilizing this option, the quarry would run out of reserves nine years before
the mandated cessation date, and as such is not an acceptable option.
Alternative 4 (Minimization Plan — Proposed Mine Plan)
The plan proposed by Hanson and outlined throughout the Individual Permit. This plan, at an
estimated 24.8 million tons of reserves, yields enough reserves to reach the mandated closure
date with a less than four percent market variance buffer. Additionally, this plan minimizes the
amount of streams impacted (as compared to the Entire Area Mine Plan) by avoiding Stream 7
and by relocating Stream 1 using natural channel design practices as per the attached stream
relocation plan. The option would provide access to the necessary reserves required to maintain
mine life up to the cessation date.
Alternative 5 (Entire Area Mine Plan)
The settlement agreement outlines the maximum area that the pit footprint can occupy and this
plan utilizes the full area. This plan yields 26.3 million tons and incorporates a significantly
greater amount of stream piping. The pipe length of this plan is over double the length of pipe in
Alternatives 3 and 4. Additionally, Stream 7 would be impacted and Stream 1 is piped rather
than relocated to an open channel. Hanson determined that they were able to avoid these impacts
and still provide the necessary reserves up to the cessation date, under Alternative 4
(Minimization Plan — Proposed Mine Plan), and as such has decided not to pursue mining the
entire area allowed under the settlement agreement.
Hanson Crabtree Quarry Expansion - Page 12 of 318

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Hanson Crabtree Quarry Expansion - Page 13 of 318

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Hanson Crabtree Quarry Expansion - Page 14 of 318

FUTURE
STOCKPILE AREA

FUTURE
STOCKPILE AREA
'Al

FUTURE
STOCKPILE AREA

BLOCK 21 — Type of Material Being Discharged and the
Amount of Each Type in Cubic Yards
STREAM IMPACT TABLE
Stream
Stream
Type of
Average
Impact
Area of
Volume of
Impact
Name
Type of Impact
Material
Stream
Length
Impact
Discharge
Number
*
Width
(ft)
(sq. yd.)
(cubic yds.)
Before
**
* **
Impact
Northern
S 1
UT
Boundary
Pipe /Fill
15
707
1,162
387
Berm
Temporary
S2
UT
Disturbance at
Excavation
15
18
49
--
Pipe Inlet
S3
UT
Temporary
Excavation
15
73
97
--
Modifications
Northern
S4
UT
Boundary
Pipe /Fill
9
419
436
145
Berm
S5
UT
Pit Expansion
Excavation
6
137
97
--
S6
UT
Pit Expansion
Excavation
9
543
484
- --
S7
UT
Pit Expansion
Excavation
15
510
630
- --
S8
UT
Temporary
Excavation
15
116
146
- --
Modifications
Total Volume
of Discharge to Streams (cubic yards)
532
* UT = Unnamed tributaries to Crabtree Creek (27- 33 -(10), C;NSW)
** Areas are rounded up to the nearest square yard.
* ** Volumes are rounded up to the nearest cubic yard and assume an average depth of streams to
be 0.333 yards and do not account for discharge materials above this 0.333 -yard assumed depth.
-- Excavated pit impacts will not be the result of discharged fill material and as such are not
applicable as it pertains to the type or volume of material discharged. Likewise, temporary
channel impacts for modifications associated with pipe inlet construction and stream relocation
connections, will not result in a discharge of fill resulting changes to jurisdictional volumes.
Hanson Crabtree Quarry Expansion - Page 18 of 318

WETLAND IMPACT TABLE
* Areas are rounded up to the nearest square yard.
** Volumes are rounded up to the nearest cubic yard and assume an average depth of streams to be
0.333 yards and do not account for discharge materials above this 0.333 -yard assumed depth.
Hanson Crabtree Quarry Expansion - Page 19 of 318
Type of Wetland
Type of
Area of
Volume of
Wetland Impact
Type of Impact
(e.g., forested, marsh,
Material
Impact
Discharge
Site Number
herbaceous, bog, etc.)
Being
(sq. yds.)
(cubic yds.)
Discharged
*
**
W1
Northern Boundary
Headwater Forest
Earthen Fill
146
49
Berm
W2
Northern Boundary
Headwater Forest
Earthen Fill
49
17
Total Volume of Discharge to Wetlands (cubic yards)
66
* Areas are rounded up to the nearest square yard.
** Volumes are rounded up to the nearest cubic yard and assume an average depth of streams to be
0.333 yards and do not account for discharge materials above this 0.333 -yard assumed depth.
Hanson Crabtree Quarry Expansion - Page 19 of 318

BLOCK 22 — Surface Areas of Wetlands and Other
Waters Filled
STREAM IMPACT TABLE
Stream
Perennial
Stream
Average
Impact
Area of Mitigation
Mitigation
Impact
or
Name Type of Impact
Stream
Length
Impact Ratio
Required
Number
* Intermittent
Width
(ft)
(acres) * * **
(ft)
**
Before
* **
Impact
Northern
S 1
UT Boundary Perennial
15
707
0.24 2
1,414
Berm
Temporary
S2
UT Disturbance at Perennial
15
18
0.01 0
0
Pipe Inlet
S3
UT Temporary perennial
15
73
0.02 0
0
Modifications
Northern
S4
UT Boundary Perennial
9
419
0.09 2
838
Berm
S5
UT Pit Expansion Intermittent
6
137
0.02 1
137
S6
UT Pit Expansion Perennial
9
543
0.10 2
1086
S7
UT Pit Expansion Perennial
15
510
0.13 2
1020
S8
UT Temporary perennial
15
116
0.03 0
0
Modifications
Total Stream Impact (by length and acreage)
2,523
0.64 -
4,495
Stream Relocation
-
- -
( -) 950
Required Mitigation
-
- -
35545
* UT = Unnamed tributaries to Crabtree Creek (27- 33 -(10), C;NSW)
** As determined by
the DWR and USACE
* * * All impacts have been rounded to
the nearest
1 / 100 of an acre & nearest foot
* * * * Mitigation ratios are based
on guidance provided by the USACE
Hanson Crabtree Quarry Expansion - Page 20 of 318

BLOCK 22 — Surface Areas of Wetlands and Other
Waters Filled (cont.)
WETLAND IMPACT TABLE
Wetland Impact Type of Wetland Located w/n Distance to Area of Mitigation
Site Number Type of Impact (e.g., forested, marsh, 100 -year Nearest Impact Required
herbaceous, bog, etc.) Floodplain Stream (acres) (acres)
(yes /no) (linear feet)
W1 Northern Headwater Forest No 0 0.03 0
Boundary Berm
W2 Northern Headwater Forest No 0 0.01 0
Boundary Berm
Total Wetland Impact (acres) 0.04 0
* All impacts have been rounded to the nearest 1 /100 of an acre.
IMPACT SUMMARY
Stream Impact (acres):
0.64
Wetland Impact (acres):
0.04
Open Water Impact (acres):
0
Total Impact to Waters of the U.S. (acres)
0.68
Total Stream Impact (linear feet):
2,523
Total Stream Permanent Impact (linear feet):
2,316
Total Stream Relocation (linear feet):
( -) 950
Total Stream Loss (linear feet):
1,366
Total Stream Mitigation (linear feet)
3,545
Hanson Crabtree Quarry Expansion - Page 21 of 318

BLOCK 23 — Description of Avoidance, Minimization, and
Compensation.
The alternatives analysis provided by Lehigh Hanson and attached to Block 20 of this
application provides a detailed description of efforts made both off -site and on -site to avoid
and minimize impacts.
The "Alternative 4 (Minimization Plan — Proposed Mine Plan)" requested in this
application avoids all impacts to Crabtree Creek and Richlands Creek located on properties
owned by Hanson and located within the existing mine permit boundary. The plan was
also reduced in scope from that agreed to within the City of Raleigh settlement agreement,
and now avoids tributary stream number 7 in its entirety.
Unavoidable impacts are necessary however to construct the Northern Boundary Berm and
to expand the existing pit. However, impacts were minimized by relocating 950 feet of
stream channel per the attached "Conceptual Stream Relocation Plan ". These avoidance
and minimization efforts resulted in the request for 2,316 feet of permanent impacts and
resulting cumulative loss of 1,366 feet of tributary streams.
To compensate for the unavoidable stream impacts and loss of stream, 3,545 feet of stream
mitigation credits are proposed to be purchased from either the N.C. Division of Mitigation
Services (DMS) or available private mitigation bank. If approved, this would be a 2.6:1
ratio of mitigation to cumulative loss of stream.
Hanson Crabtree Quarry Expansion - Page 22 of 318

AJ712
1
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Jack Garvey
Hanson Aggregates Southeast, LLC
2101 Gateway Centre Blvd., Suite 100
Morrisville, NC 27560
Project: Hanson Crabtree Quarry Expansion
Division of Mitigation Services Donald R. van der Vaart
Secretary
July 21, 2015
Expiration of Acceptance: January 21, 2016
County: Wake
The purpose of this letter is to notify you that the NCDENR 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/CAMA permit 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 at www.nceep.net.
Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation 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 CU Stream (feet) Wetlands (acres) I Buffer I Buffer II
Location (Sq. Ft.) (Sq. Ft.)
Cold Cool I Warm I Riparian I Non - Riparian Coastal Marsh I
( Impact Neuse I 03020201 0 0 jl 2,316 0 0 I 0 I 0 0
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 at (919) 707 -8915.
cc: Dave Shaeffer, USACE - Raleigh
Bob Zarzecki, agent
Sincerely,
J e tanfll
�t anagement Supervisor
1652 Mail Service Center, Raleigh, North Carolina 27699 -1652
Phone: 919 - 707 -89761 Internet: www.nceep.net
An Equal Opportunity 1 Affirmative Action Employer— Made in part from recycled paper
Hanson Crabtree Quarry Expansion - Page 23 of 318

BLOCK 24 — Is Any Portion of the Work Already Complete?
No. As stated previously, there is an active quarry operation on the property that has
received all required governmental approvals including mining permits, etc. The entire
property is included within the current mining permit. The surface waters proposed for
impacts within this application are located within the current mine permit area. To date no
impacts have occurred to the surface waters proposed to be impacted within this
application.
Hanson Crabtree Quarry Expansion - Page 24 of 318

BLOCK 25 — Names & Addresses of Adjoining Property
Owners, Lessees, etc, Whose Property Adjoins the
Project Site.
There are seventy one (71) adjoining properties to the Hanson Crabtree Quarry
properties. These properties are shown on the attached "Adjoining Parcel Map" and
associated table.
Hanson Crabtree Quarry Expansion - Page 25 of 318

55
32
r �
52
33
Project Number:
11282
Project Manager:
BZ
Scale:
1 " = 750'
Date:
7/11/15
58
MEN
Iluuuuum.(� /n. ,/
20
24
12
�II1111 /111►
14
7
62
/ 1 18
38 Legend
13 O SiteParcels 1
45 41 40 16 0 11 1 2 9 10 3 15 Adjoiners_Take2 1
Wake_ Parcel_ 2015_ 05
Map Title: N
Adjoining Parcel Map 0 7 I 1,500
I I I I I I I I
Hanson Crabtree Quarry Feet
Wake County, NC
Source: Wake GIS Soil & Environmental Consultants, PA
8412 Falls of N— Road, Suite 104, Raleigh, NC 27615 • Ph-.: (919) 846 -5900 • Fax: [phone]
Refer to table for Parcel info 10 —&—..
Hanson Crabtree Quarry Expansion - Page 26 of 318

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Adjoining Property Owners, 8/7/2015, Page 1
OWNER
Address 1
Address 2
ROBINSON, SUSAN CAROL
4604 ROCKWOOD DR
RALEIGH NC 27612 -3539
PLAISTED, GERALD A PLAISTED, LINDA B
4506 ROCKWOOD DR
RALEIGH NC 27612 -3541
TUTTLE, MELINDA C
4504 ROCKWOOD DR
RALEIGH NC 27612 -3541
WIGGINS, JESSE RAY WIGGINS, CHARLOTTE A
4416 ROCKWOOD DR
RALEIGH NC 27612 -3523
ROTHSTEIN, LEE C ROTHSTEIN, GAIL S
3908 OAK PARK RD
RALEIGH NC 27612 -5623
STRONG, CHRISTINE J
3912 OAK PARK RD
RALEIGH NC 27612 -5623
HELMS, WAYNE O
3920 OAK PARK RD
RALEIGH NC 27612 -5623
REGINA, CAROL C
4320 AZALEA DR
RALEIGH NC 27612 -3604
GATTIS, JULIE SUZANNE POWEL GATTIS, JAMES MICHAEL
4008 OAK PARK RD
RALEIGH NC 27612 -5624
CHAPMAN, CHAD J CHAPMAN, ANDREA M
4500 ROCKWOOD DR
RALEIGH NC 27612 -3541
ELLIS, MELISSA A ELLIS, LARRY A
4420 ROCKWOOD DR
RALEIGH NC 27612 -3523
PARKER, LESTON ERWIN
4512 ROCKWOOD DR
RALEIGH NC 27612 -3541
HATCHER, JAMES L HATCHER, ALICE V
4113 BALSAM DR
RALEIGH NC 27612 -3607
WASHINGTON, DONALD WASHINGTON, MOIRA A
209 MAYWOOD AVE
RALEIGH NC 27603 -2439
TUNG, DAVID C C TUNG, JUNE T F
4133 PICARDY DR
RALEIGH NC 27612 -5429
WIGGINS, JESSE RAY WIGGINS, CHARLOTTE A
4416 ROCKWOOD DR
RALEIGH NC 27612 -3523
ROBINSON, SUSAN CAROL
4604 ROCKWOOD DR
RALEIGH NC 27612 -3539
WALLACE, JOHN WALLACE, CYNTHIA
318 FAIRWINDS DR
CARY NC 27518 -9795
DRIGGERS, STEPHEN G DRIGGERS, KATHRYN T
4105 BALSAM DR
RALEIGH NC 27612 -3607
KROPP, JAMES H KROPP, LINDA C
4632 TIMBERHURST DR
RALEIGH NC 27612 -3639
COMMONS OF DURALEIGH RIDGE
6014 DURALEIGH RD
RALEIGH NC 27612 -7172
PRESSEL, DAVID C PRESSEL, LESLIE B
4120 OAK PARK RD
RALEIGH NC 27612 -5625
IULIUCCI, THOMAS P III MACLEOD, HEATHER L
4109 BALSAM DR
RALEIGH NC 27612 -3607
SOWERS, ERIC M SOWERS, SHAWN -MARI M
4636 TIMBERHURST DR
RALEIGH NC 27612 -3639
YANNESSA, BENJAMIN H YANNESSA, KELLY
4313 DYER CT
RALEIGH NC 27604 -4798
LAURELBROOK HOMEOWNERS ASSOCIATION
6736 FALLS OF NEUSE RD STE ...
RALEIGH NC 27615 -5300
GULLIE, SHIRLEY W
912 CHATHAM LN
RALEIGH NC 27610 -1206
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
CITY OF RALEIGH
PO BOX 590
RALEIGH NC 27602 -0590
TURNAGE, L HUNTER
4204 OAK PARK RD
RALEIGH NC 27612 -5626
ALLEN, JANE FRINK ALLEN, DENNIS G SR
4108 OAK PARK RD
RALEIGH NC 27612 -5625
CONNELL REALTY & MORTGAGE CO
6001 GLENWOOD AVE
RALEIGH NC 27612 -2601
GETTER, MARC A GETTER, SUSAN W
4112 OAK PARK RD
RALEIGH NC 27612 -5625
NC4 COVINGTON LLC
4510 DURALEIGH RD
RALEIGH NC 27612 -3534
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
HARRIS - CANNON, ROBERT HARRIS - CANNON, CATHERINE
4608 ROCKWOOD DR
RALEIGH NC 27612 -3539
HARRIS - CANNON, ROBERT M HARRIS - CANNON, CATHERINE
4608 ROCKWOOD DR
RALEIGH NC 27612 -3539
RADER, DOUGLAS N RADER, ELIZABETH P
4000 OAK PARK RD
RALEIGH NC 27612 -5624
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
HELMS, WAYNE O
3920 OAK PARK RD
RALEIGH NC 27612 -5623
HARRIS - CANNON, ROBERT M HARRIS - CANNON, CATHERINE
4608 ROCKWOOD DR
RALEIGH NC 27612 -3539
DORTON, GARY L DORTON, SUSAN R
4200 OAK PARK RD
RALEIGH NC 27612 -5626
WEDICK, FRANK M WEDICK, DEBORAH L
4012 OAK PARK RD
RALEIGH NC 27612 -5624
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
CHABRECK, JAMES E CHABRECK, LEIGH A
4100 OAK PARK RD
RALEIGH NC 27612 -5625
STERN, IAN HANSJOERG STERN, ELIZABETH
4104 OAK PARK RD
RALEIGH NC 27612 -5625
JONES, BRETT C
4628 TIMBERHURST DR
RALEIGH NC 27612 -3639
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
DELTA RIDGE TOWNHOUSE NEIGHBORHOOD HOMEOWNERS ASSOCIA...
448 VIKING DR STE 225
VIRGINIA BEACH VA 23452 -7331
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
DELTA RIDGE TOWNHOUSE NEIGHBORHOOD HOMEOWNERS ASSOC INC 448 VIKING DR STE 225
VIRGINIA BEACH VA 23452 -7331
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
CND DURALEIGH WOODS LLC
C/O CARLYLE GROUP
1050 17TH ST STE 900
HAMPTONS DEVELOPMENT CO LLC THE
7101 CREEDMOOR RD STE 101
RALEIGH NC 27613 -1682
Hanson Crabtree Quarry Expansion - Page 27 of 318

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Adjoining Property Owners, 8/7/2015, Page 2
OWNER Address 1
DELTA RIDGE TOWNHOUSE NEIGHBORHOOD HOMEOWNERS ASSOCIA... 448 VIKING DR STE 225
WILLIS, O TIMOTHY SR WILLIS, SHARON L
4004 OAK PARK RD
DURALEIGH PRESBYTERIAN CHURCH
5408 DURALEIGH RD
OAK PARK WEST TOWNHOUSE HOMEOWNERS
6001 GLENWOOD AVE
MARINA, JOSE M
5304 LAKE EDGE DR
LAPASHA, DAN LAPASHA, LANIE
5206 DURALEIGH RD
VICK, ERIC PIERRE
STEWART VICK
KHOURY, BARHOUM Y WIEGAND, GAYLE
5300 DURALEIGH RD
PARKER, RICHARD S II
4216 WEAVER DR
CONNELL REALTY & MORTGAGE CO
6001 GLENWOOD AVE
DURALEIGH SQUARE HOMEOWNERS ASSN INC
C/O PPM INC
COBB, CARSON L JR & DEBRA T TRUSTEE THE COBB LIVING TRUST
4209 MARVIN PL
Address 2
VIRGINIA BEACH VA 23452 -7331
RALEIGH NC 27612 -5624
RALEIGH NC 27612 -7634
RALEIGH NC 27612 -2601
HOLLY SPRINGS INC 27540 -9339
RALEIGH NC 27612 -7630
2504 GATWICK CT
RALEIGH NC 27612 -7632
RALEIGH NC 27612 -3032
RALEIGH NC 27612 -2601
6739 FALLS OF NEUSE RD
RALEIGH NC 27609 -5951
Hanson Crabtree Quarry Expansion - Page 28 of 318

BLOCK 26 — List of Other Certificates or
Approvals /Denials received from other Federal, State, or
Local Agencies for Work Described in This Application.
Hanson Crabtree Quarry Mining Permit - Chronology (revised August 2015)
1. Mining operations began on the property in 1949.
2. Quarry registration in 1970.
3. 7/20/1972 Mining Permit No. 92 -03 issued.
4. 7/29/1991 modified Mining Permit (processing pond expansion, etc.)
5. 7/13/1992 modified Mining Permit (allowing expansion of mining activities to south side
of Crabtree Creek)
6. 4/24/1995 modified Mining Permit (name change)
7. 5/16/1997 modified Mining Permit (expansion of tailings storage, etc. south of Crabtree
Creek)
8. 5/21/1999 modified Mining Permit (name change)
9. 3/19/2002 modified Mining Permit (name change)
10. 10/26/2009 modified Mining Permit (name change)
11. 7/23/2014 modified Mining Permit (release of 59.09 acres of land from the Mine Permit
area; Phase 1 pit expansion, portion of Northern Boundary Berm and sediment basin
expansion; Phase 1 did impact any jurisdictional wetlands or streams; Phase 2 & 3 will
require future Mining Permit modifications once /if the Individual Permit and Certification
are approved.)
NC DAQ Air Quality Permit No. 04149 / Facility ID #9200219
Permit No. Date Issued Description
04149R21 11/18/2014 Renewal with Modifications
NPDES and Stormwater General Permit
Permit No. Date Issued Description
NCG020052 01 -01 -2010 Mining Activities Stormwater Discharge COC
Hanson Crabtree Quarry Expansion - Page 29 of 318

Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
January 21, 2015
Mr. Jack Garvey
Hanson Aggregates Southeast, LLC
2101 Gateway Centre Boulevard, Suite 100
Morrisville, North Carolina 27560 -9626
RE: Permit No. 92 -03
Crabtree Quarry
Wake County
Neuse River Basin
Dear Mr. Garvey:
Donald R. van der Vaart
Secretary
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to approve the Mining and Erosion Control Plan Map last
revised December 22, 2014 that shows the "City of Raleigh Buffer ".
Please attach this approval letter to vour existing mining permit for future reference.,
The expiration date, mine name and permit number on the permit document shall remain the
same as before this modification.
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 197.37 acres and the amount of
land you are approved to disturb is 83.09 acres.
Please advise this office at (919) 707 -9220 should you have any questions concerning
this matter.
Sincerely,
AM`
Tracy E. Davis, PE
cc: Mr. John Holley, PE
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699 - 1612.919- 707 -92001 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http :llportal.ncdenr.orglweb /Ir/
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
Hanson Crabtree Quarry Expansion - Page 30 of 318

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 23, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7013 2630 0001 8990 0575
Mr. Jack Garvey
Hanson Aggregates Southeast, LLC
2300 Gateway Centre Boulevard
Morrisville, North Carolina 27560
RE: Permit No. 92 -03
Crabtree Quarry
Wake County
Neuse River Basin
Dear Mr. Garvey:
John E. Skvarla, III
Secretary
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to reduce the permitted acreage to 197.37 acres and the
affected acreage at this site to 83.09 acres as indicated on the Mining and Erosion Control
Plan Map (Sheet MEC -1) last revised June 18, 2014. The modification includes the increase
in the size of Basin SDO -2 to accommodate product stockpile area expansion, construction of
a visual screening berm along the northern permit boundary, expansion of the active pit
northward and the installation and maintenance of all associated erosion and sediment control
measures. The modification includes Phase 1 of the mine plan only, with Phases 2 and 3 to
be included in a future modification (s). 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 particular attention
to the following conditions where minor additions or changes were made: Operating Condition
Nos. 3C, 4D, 10B, 11 C and 12E.
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.
Division of Energy, Mineral, and Land Resources
Energy Section - Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699 - 1612.919- 707 -9200 / FAX: 919 - 715 -8801
512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: htto: / /oortal.ncdenr.oro /web /Ir/
An Equal opportunity t Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
Hanson Crabtree Quarry Expansion - Page 31 of 318

Certified Mail
Mr. Garvey
Page Two
An inspection was made of the above mine on June 4, 2014 in accordance with G.S.
74 -56 of the Mining Act of 1971. The 59.09 acre areas at the site requested to be released,
as indicated on the m Mining and Erosion Control Plan Map (Sheet MEC -1) last revised June
18, 2014, has been found to be undisturbed by mining activities. Therefore, your company is
are released from further reclamation responsibility for this area with respect to the Mining Act
of 1971.
As a reminder, your permitted acreage at this site is 197.37 acres and the amount of
land you are approved to disturb is 83.09 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.
Sincerely,
Jbe S. Boyer, P
� tate Mining Specialist
Land Quality Section
JSB /jw
Enclosures
cc: Mr. John Holley, PE
Mr. William Gerringer -Mine and Quarry Bureau, w/o enclosures
Hanson Crabtree Quarry Expansion - Page 32 of 318

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
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:
Hanson Aggregates Southeast LLC
Crabtree Quarry
Wake County - Permit No. 92 -03
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.
MINING PERMIT EXPIRATION DATE: August 22, 2022
Hanson Crabtree Quarry Expansion - Page 33 of 318

Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources 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 expiration, 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
July 29, 1991: This permit has been modified to allow the expansion of the processing pond
and to divert stormwater from said pond as indicated on the Process Pond Expansion
sediment and erosion control plan dated May 1991.
July 13. 1992: This permit has been subsequently modified to allow the expansion of mining
activities to the south side of Crabtree Creek as indicated by the Crabtree Quarry Permit
Renewal Drawings dated January 1992 and revised April 1992.
April 24, 1995: This permit has been modified to change the corporate name from Nello L.
Teer Company to Benchmark Carolina Aggregates, Inc.
Hanson Crabtree Quarry Expansion - Page 34 of 318

Page 3
Mav 16, 1997: This permit has been modified to allow an additional 7.0 acres of land on the
south side of Crabtree Creek to be affected for a new tailings stockpile area, access to the
stockpile area and the associated erosion and sediment control measures as indicated on the
mine maps and supplemental information dated March 1997, with minor stipulations.
Mav 21, 1999: This permit has been modified to change the corporate name from Benchmark
Carolina Aggregates, Inc. to Hanson Aggregates Carolina, Inc.
March 19, 2002: This permit has been modified to change the corporate name from Hanson
Aggregates Carolina, Inc. to Hanson Aggregates Southeast, Inc.
October 26, 2009: This permit has been modified to change the corporate name from Hanson
Aggregates Southeast Inc. to Hanson Aggregates Southeast LLC.
July 23, 2014: This permit has been modified to reduce the permitted acreage to 197.37
acres and the affected acreage at this site to 83.09 acres as indicated on the Mining and
Erosion Control Plan Map (Sheet MEC -1) last revised June 18, 2014. The modification
includes the increase in the size of Basin SDO -2 to accommodate product stockpile area
expansion, construction of a visual screening berm along the northern permit boundary,
expansion of the active pit northward and the installation and maintenance of all associated
erosion and sediment control measures. The modification includes Phase 1 of the mine plan
only, with Phases 2 and 3 to be included in a future modification(s).
Expiration Date
This permit shall be effective from the date of its issuance until August 22, 2022.
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:
Wastewater and Quarry Dewaterinq
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.
Hanson Crabtree Quarry Expansion - Page 35 of 318

Page 4
2. Air Qualitv 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.
B. All temporary and permanent access (plant entrance) roads shall be paved or
established with crushed stone for a minimum 50 linear feet from their junction
with Duraleigh Road and permanently 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 Mining and Erosion Control Plan Map (Sheet
MEC -1) last revised June 18, 2014 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. No land disturbing activities in conjunction with the construction of any bridge
across Crabtree Creek shall occur at the site until detailed plans and supporting
documentation has been submitted to and approved by the Department.
Hanson Crabtree Quarry Expansion - Page 36 of 318

Page 5
C. All mining activities, including the installation and maintenance of all erosion and
sedimentation control measures, shall be conducted as indicated on the Permit
Renewal Mine Maps dated April 2012 and supplemental information received by
the Land Quality Section on April 27, 2012 and July 24, 2012 with the stipulation
that the rip rap armoring the Tailings Stockpile Area shall be NCDOT Class 1
and a minimum of 18 inches thick.
D. All mining activities associated with Phase 1 of the northern pit expansion and
berm construction, including the installation and maintenance of all associated
erosion and sediment control measures, shall be conducted as indicated on the
Mining and Erosion Control Plan Map (Sheet MEC -1) last revised June 18, 2014
and supplemental information received by the Land Quality Section on May 8,
2014 and June 20, 2014. Phase 2 (northwest pit expansion, berm continuation
and entrance relocation) and Phase 3 (stream relocation /mitigation and further
pit expansion) shall be permitted under separate modification(s).
E. 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
A.. The observation wells shall be drilled wells cased into consolidated rock and
grouted to the surface. The wells (boreholes) shall be extended at least 50 feet
below static water level, or at least 50 feet into unweathered rock, whichever is
deeper. The wells shall be secured against unauthorized entry with a lockable
cap. The necessary permits or approvals to construct these wells shall be
obtained from the N.C. Division of Water Quality.
B. The two (2) observation wells shown on Permit Renewal Mine Maps dated April
2012 shall be monitored twice a month (bimonthly) at the same day and
approximate time of day for twelve consecutive months following installation of
the wells. The static water levels shall be measured with an accuracy of plus or
minus 0.1 foot and shall be referenced to a datum point and a record of the
water levels maintained. The bimonthly precipitation and the volume of pit water
discharge shall also be recorded. Copies of these records shall be provided to
the Department on or about the end of each month. Static water level monitoring
frequency may be increased or decreased as deemed appropriate by the
Department.
Hanson Crabtree Quarry Expansion - Page 37 of 318

Page 6
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 the quarry opening on the south
side of Crabtree creek 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.
7. Surface Drainaqe
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 Monitorinq:
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.
Hanson Crabtree Quarry Expansion - Page 38 of 318

Page 7
10.0 1 _. _ : 10.0
m
H
G
a
0
B. Ground Vibration Without Monitorinq:
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 = W 'U2
V = 160(Ds) - "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).
Hanson Crabtree Quarry Expansion - Page 39 of 318
z rinrsec
7Ra
1.5
LD
1
y_�
L
1
1
to
1.0 -
1
_ 1.0
CL
0.9 -
- Q`9
019
0.7 -
O
0.4 -
a
- 0.4
E
0.3
- 0.3
�
d
0.2
i
0.2
X
as
d
5
i
1
0.1
,1
1
4 10 20 30
100
Blast Vibration Frequency, Hz
Figure I Aitemative blasting level critena
(Source modified from figure 8 -1. Bureau of,'1v Ines R;
,350
B. Ground Vibration Without Monitorinq:
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 = W 'U2
V = 160(Ds) - "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).
Hanson Crabtree Quarry Expansion - Page 39 of 318

C
C
Page 8
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.
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 Max Level,
Measurina Svstem, in Hz in dBL
0.1 Hz or lower -flat response 134 peak
2.0 Hz or lower -flat response 133 peak
6.0 Hz or lower -flat response 129 peak
Air blast Without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
To convert U (psi) to P (dBL):
U = 82 (D/W0.33) -1.2
P = 20 x log (U /2.9x1 0 -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).
Hanson Crabtree Quarry Expansion - Page 40 of 318

Page 9
The air blast/overpressure shall not exceed 129 decibels, for the purposes of this
Section.
E. Record Keepinq:
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 Reoortina:
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. Flvrock 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.
H. Flvrock Reportinq:
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:
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.
Hanson Crabtree Quarry Expansion - Page 41 of 318

Page 10
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 Land Quality Section Regional Office prior to any blast during a
period for which notice is requested.
9. High Wall Barrier
A physical barrier consisting of large boulders (minimum of four feet high) placed end -
to -end or concrete barriers 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.
10. Visual Screeninq
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
Mining and Erosion Control Plan Map (Sheet MEC -1) last revised June 18, 2014.
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
A. 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.
B. No land disturbing activities in conjunction with the construction of any bridge
across Crabtree Creek shall occur at the site until detailed plans and supporting
documentation has been submitted to and approved by the Department.
Hanson Crabtree Quarry Expansion - Page 42 of 318

Page 11
C. A modification(s) must be submitted to and approved by the Division of Energy,
Mineral and Land Resources prior to initiating Phase 2 and Phase 3 of the
northwestern pit expansions.
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 Land Quality Section,
Department of Environment and Natural Resources. 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.
C. For the purposes of this permit, the Division of 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 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:
Hanson Crabtree Quarry Expansion - Page 43 of 318

Page 12
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
An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
14. Bondinq
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. Archaeoloqical 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.
Hanson Crabtree Quarry Expansion - Page 44 of 318

Page 13
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
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:
Hanson Crabtree Quarry Expansion - Page 45 of 318

3
Page 14
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. 12.A.
through D.
F. The affected land shall be graded to prevent the collection of noxious or foul
water.
Reveqetation Plan:
After site preparation, all disturbed areas shall be revegetated as per the following:
Permanent Seeding Specifications
Dates
February 15- April 1
April 1- July 31
August 1- October 25
Species
Korean Lespedeza
Fescue
Redtop
Winter rye (grain)
Common Bermuda
Lespedeza (unscarified)
German millet
October 25- February 15 Rye (grain- temporary)
Soil Amendments
Rate, Lbs /Acre
10
40
1
15
50
30
40
120
Lime: 2000 Ibs /acre or follow recommendations from a soil test.
Hanson Crabtree Quarry Expansion - Page 46 of 318

Page 15
Fertilizer: 1000 Ibslacre 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 Ibslacre 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 April 9, 1982, modified July 29, 1991,
renewed and modified July 13, 1992, modified April 24, 1995, May 16, 1997, May 21,
1999 and March 19, 2022, renewed April 30, 2002, modified October 26, 2009 and
renewed August 22, 2012, is hereby modified this 23rd day of July, 2014 pursuant to
C.S. 74 -52.
By: `
Tracy E. Davis, Director
Division nergy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources
Hanson Crabtree Quarry Expansion - Page 47 of 318

PHA$E NUT F:
1. PHASE 1 CONSISTS OF M PROPOSED TiIrORARY
STOlkW.E AREA NO THE EAST PORTION OF THE
VISUAL RARAIIR MAN( AND THE ASSOCIATED r TI
EROSION i SEDIMENT CONTROL MEASURES. _ OF I
CONSTRUCTION OF PHASE 1 IS TO BEGIN WITHIN
THE wX7 2 NONTMs.
2. NW.SE 2 CONSISTS OF THE RE- ROUTING OF THE 2
STREAMS AT THE NORTH END, THE R04AMMM OF
THE VISUAL RARa2ER. KJR1 AM ASSOCIATEO • NfP
EROSION i SEDIItMT CONTROL ■FASURES. THE
RELOCATION OF THE RUIN FWTIL&A" AND TIME \ `
EXPAMSION OF T71E MINING AREA. \
OF PHASE 2 IS TO BEGIN AFTER ARMY COII/s OF
ENGISMEAS APPROVAL Of RE- ROUTING OF THE
STREAMS.
F41C1iR P1R■I _
OMNED:
LEASED: � ;��
� AC TOTAL
DEDICATED I
TQ LITY OP
RALEI _
A�AIM: 244.1 AC
I
LNUMD:
HMRaan "wrty Rowdary /
Qrrvomt Pa-it Limit ,
Property LiM�'
_ _ _ PERMIT YR
rlt LIRItS
SO' iwistorboa or uaaataratao f - -
Erf7Er
COREWr 1".. O t
contour, IrtTaraM 10, ,I -
aStr tMra
Swoomit Y►i A/TraP RE wed
r� Drafn■EF o1FOCEton `
1.11.11111 rlonEny
-PRr[taw of taswnt to city of
R■Ia1yN t
_ OMttatoR to City of y1819A _
teRFa*vatloR Arta % �piF,LEtc* ��
ERfatl" Tdo"DIA1, Sto.afa Ana 7
SEE I1M PNNN Area _
■aM Or I11a
_.._ V1sY l aarroo Norm in PNafa I P 1
City of aalaipl BrEar�y
city of *A$.1gR Mr"ar N:oea
NOTES:
1. RASE TOPOGRAPHY PREPARED fry:
CONTINENTAL AERIK SURVEYS. VK.
))S/ REGAL DRIVE
ALCOA. TN 17701
(96S) 970-11US -
2 BOBOARY INtFOONTTON FROM MAI COtMTV TAX MAP.
). OUSTING MIRING PERMIT NO. 92 -03
CRARTHEE QUARRY
5007 OURALFIGt ROAD yr
RALEIGH, MC 27612
(919) 747 -061) `Mph"i9'
TORY LEE. GENERAL NANA"M K SEES NO OPERATIONS �'-
6. M INFORMATSGN SHOWN PAS BEEN CCPWILED FROt PREVIOUSLY
APPROVED PERMIT REMEWUS MO /Ot MODIFICATIONS.
S. FOR FORT SPECIFIC DETAILS, SEE PREVIOUSLY Appeo D PLAINS.
6. UNLESS OTM.MaISC NOTED" THIS SITE WILL MAINTAIN A
SO -FOOT UMISTUa1E0 1NA'"m KONG PE7NMITTEO ROLOSM".
GTtDORY F01ITTT� TO RE
AiP@C'T= ACRRAM
TAILING /SIDININT /FRESM WATER PONCE S.EI
STOCKPtLIS 17.91
wAtn►tt.0 12.02
PROCESSING AaTA ! K" ROADS S.Sa
MiML EKCAVATIUH 47.11
OHRR 11a.D/
TOTAL PKINUMO ACREAGE 197. I7
ACREAGE UtEASED "M PERMIT N./9 _
OF I
Posma TOTAL r[>cmtD ACRL#a 236.11 - - -- PLAIN
� NO mlc`N` c" or AflNIOM oes:
to
0-Kws, o PER -n -z-
IWVSO raoRa(tl�IERa sYl1lli
�,- A►PRDRIMAn
- OF I00 TEA2 ROOD .
FROM MONTH
CAOX214A FLOW
(LIPPING Ft10GA.40 1
rEBS7Tr. i
wtTF
CITY
r
' +�* t i "-" lr "w.+an xtuRr.M.t w. taa. ♦ . r I - � iTTfF
- - rAeEOifo r ±.ro►aP. _ ii riw44xw■�f �,` 1'� _ -I°ff >l. � rj l',
_ - I '~i �■► a. u.tanRr� p >T a t..�" ,
' - _ : � _ aa_ iMtaNaVdlp :raYCd■a
'u.aTall^�T b f.fru ly��•, YI 1 .
'
,9 VE PEVQ'T LsitlT i ` ftSTI G, lIWT1 F ,'
STING IMTKfI
' a
rN
418
FYEUME STOCKPIILLE
1 u
RELUrSEd
2/U Lill d A 1. N4 a. mM
%� ar
to MILL f;. -LJ- �._ M•aRMR bo' J: - a
NMMMQ
- ' .e i ir� Z
1
t ♦ i rn.rT Rolm L-� / �C 0 Q
Mwo
�IA ,� W �
I F
lug
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Hanson Crabtree Quarry Expansion - Page 48 of 318

Noah Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
TO: Brenda M. Harris. Mining Program Secretary
Land Quality Section
FROM: Shari L. Bryant, Piedmont Region Coordinator -A
Habitat Conservation Program
DATE: 28 May 2014
SUBJECT: Mining Permit Modification for Hanson Aggregates Southeast, LLC, Crabtree Quarry —
Permit No. 92 -a03, Wake County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject permit application. Our comments are provided in accordance with provisions of the Mining Act
of 1971 (as amended. 1982) (G.S. 7446 through 74-68 15 NCAC 5).
The applicant is requesting a modification of their permit for mining granite. The total permitted
area is 261.7 acres. The modification involves 30 acres within the previously approved permitted
boundary. The applicant proposes to expand the active pit northward and provide sufficient overburden
storage at the quarry. The project entails two mine modifications with three phases. Phase 1 includes
relocating the stockpile area, constructing a visual screen berm, beginning to expand the active pit
northward, and releasing 59.09 acres. Phase 2 includes extending the visual screen berm across two
mitigation streams, and relocating the entrance and possibly the office and scales. Phase 3 includes
moving the mitigated streams westward through culverts or other approved means to allow the pit to be
expanded northward to its fullest extent. The applicant indicates groundwater and stormwater are
discharged from the site, and a 50 -foot buffer will be maintained along any watercourses or wetlands.
The reclamation plan includes allowing the mine excavation to fill with stormwater; the plant site will be
seeded with grass and vegetation.
Crabtree Creek and an unnamed tributary to Crabtree Creek in the Neuse River basin flow
through the site and Richland Creek flows along the site boundary. There are records for the federal
species of concern and state endangered Atlantic pigtoe (Fusconaia mason); the state threatened triangle
floater (Alasmidonta undulata) and creeper (Strophitus undulatus); the state special concern notched
rainbow (Villosa constricia); and the state significantly rare Carolina ladle crayfish (Camharus davidi) in
Crabtree Creek. In addition. the Significant Natural Heritage Areas — Crabtree Creek/Ebenezer Church
Road Slopes and Crabtree Creek Aquatic Habitat — are located downstream of the site.
Although we do not have any significant concerns regarding Phase 1 of the proposed
modification, we do have significant concerns regarding the proposed impacts to streams and wetlands in
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center • Raleigh, NC 27699 -1 72 1
Telephone: [phone] • Fax: [phone]
Hanson Crabtree Quarry Expansion - Page 49 of 318

Page 2
28 May 2014
Crabtree Quarry
Permit No. 92 -03
Phases 2 and 3. We offer the following comments and recommendations for Phases 2 and 3 to minimize
impacts to aquatic and terrestrial wildlife resources.
I . The applicant indicates during Phase I the streams flowing through the proposed Phase 2
Northwest Pit Expansion will be evaluated along with possible wetlands. We recommend all
streams and wetlands within the Phase 2 and 3 areas should be delineated according to U.S. Army
Corps of Engineers or N.C. Division of Water Resources methodology.
2. The applicant indicates during Phase 2 culverts or other approved means will be installed to
construct the screen berm. In Phase 3, the streams will be located westward through the use of
culverts or other approved means. We hesitate to concur with the piping of stream channels due
to the potential for long -term and cumulative impacts. Stream piping and placing fill in aquatic
resources can result in significant negative impacts to downstream areas and eliminate aquatic
and terrestrial wildlife habitat. The modification application for Phases 2 and 3 should include
the following;
• Linear feet of stream channel including the type of stream (e.g.. intermittent or perennial)
that will be impacted by Phases 2 and 3.
• Acreage of wetlands to be impacted including the type of wetland that will be impacted
by Phases 2 and 3.
• If impacts to streams cannot be avoided, then the application should evaluate the
feasibility of relocating the streams rather than placing the streams in a culvert. We
recommend and prefer that streams are relocated using Rosgen's natural stream design
techniques. In addition, the relocated stream should include a riparian buffer planted
with native tree species. Typically, we recommend a minimum 50 -foot native forested
buffer for intermittent streams and a 100 -foot native forested buffer for perennial streams.
Thank you for the opportunity to comment on this permit application. If we can be of further
assistance, please contact our office at (336) 449 -7625 or shari.bryant(ZPncwildlife.org.
ec: Jack Garvey, Hanson Aggregates Southeast. LLC
Vann Stancil, NCWRC
Hanson Crabtree Quarry Expansion - Page 50 of 318

Garvey, Jack H (Morrisville) USA -G © �`D�d �o. ?efin -2.2✓leli_�(
From: Georgoulias, Bethany < bethany.georgoulias @ncdenr.gov>
Sent: Monday, June 23, 2014 10:29 AM
To: Garvey, Jack H (Morrisville) USA
Subject: Stormwater Permit Renewal Form Confirmations
Dear Mr. Garvey:
Thank you fV§ubmitting your stormwater permit COC renewal preference and contact information for Permit Nos.
NCG020052,,rNCGO20087, NCG020088, NCG020121, NCG020124, NCG020156, NCG020164, NCG020178, NCG020182,
NCG020204, NCG020209, NCG020224, NCG020233 (possible rescission), NCG020235, and NCG020234. It appears our
system did not automatically send you an e-mail confirmation (we think it's flagging e-mail addresses with capital letters
as invalid). You should have received the e-mail below my name. We apologize for the delay in confirming receipt, but
we wanted you to know that we received your information successfully.
You asked someone to call and help you with what to do for NCG020233. I will follow up with you later
today to see how I can help you.
If you requested electronic renewal, you will receive more instructions about that later this year, after the General Permit
itself has been finalized (following a 30 -day public notice period). Please visit our website for updates.
Regards,
Bethany Georgoulias, Environmental Engineer
NCDENR / DEMLR / Stormwater Permitting Program
1612 Mail Service Center, Raleigh, NC 27699 -1612
512 N. Salisbury Street, Raleigh, NC 27604
919 / 807 -6372 (phone); 919 / 807 -6494 (fax)
Website: httD: / /aortal.ncdeiir.ory /web /lr /stormwater
E -mail correspondence to and from this address rnut• be subject to the North Carolinas Public Records lair and may be disclosed to third parties.
From: ncdwo.swoermits(damail.com imailto :ncdwa.swpermits @amail.comI
Subject: Form Completion Email
This is an automated form completion email. Thank you for submitting your stormwater permit COC renewal preference
and contact information. If you have any questions, please contact the N.C. DEMLR Stormwater Permitting Program at
(919) 807 -6300.
Hanson Crabtree Quarry Expansion - Page 51 of 318

TA � Permit Coverage
Renewal ADDlication Form NPDES Permit Number
14MM National Pollutant Discharge Elimination System
Stormwater Individual Permit NCG020052
Please provide your permit number in box in the upper right hand corner, complete the information in the space provided
below and return the completed renewal form along with the required supplemental information to the address indicated.
Owner Formation * Address to which permit correspondence will be mailed
Owner / Organization Name: Hanson Aqqreqates Southeast, LLC
Owner Contact: Scott Dickson
Mailing Address: 2310 Parklake Drive
Atlanta, GA 30345
Phone Number: (770) 491 -2757
Fax Number: (770) 491 -2788
E -mail address: Scott. Dicksorifthanson.com
Facility Information
Facility Name:
Facility Physical Address:
Facility Contact:
Mailing Address:
Phone Number:
Fax Number:
E -mail address:
Hanson Aggregates — Crabtree Quarry
5001 Duraleiqh Road
Raleiqh, NC 27612 -7627
Jim Hilton
5001 Duraleiqh Road
Raleiqh, NC 27612 -7627
(919) 787 -0613
(919) 781 -2412
lafflp,s,diltQl]@hAn_son.com
Permit Information
Permit Contact:
lack Garvey
Mailing Address:
2101 Gateway Centre Blvd, Suite 100
Morrisville, NC 27560
Phone Number:
(919) 380 -2746
Fax Number:
(919) 380 -2756
E -mail address:
Jack. Garvevrhanson.com
Mcharae Information
Receiving Stream:
Crabtree Creek
Stream Class:
C
Basin:
Neuse River
Sub - Basin:
Number of Outfalls:
4
Fadil ctivity Chanaq,E Please describe below any changes to your facility or activities since issuance of your permit. Attached a
separate sheet if necessary.
SDO-3 was eliminated in 2010 by re- routing the stormwater to the pit. Our pending mine permit modification shows another proposed
location for SDO -3.
CERTIFICATION
I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief
such information Is true, compete and accurate.
Signature `- - � Date �� � I 9 _��� ` y
jark riarrPy Euvironmental-Manager
Print or type name of person signing above Title
SW Individual Permit Coverage Renewal
Please return this completed application form Stormwater Permitting Program
and requested supplemental information to: 1612 Mail Service Center
Raleigh, North Carolina 27699 -1612
Hanson Crabtree Quarry Expansion - Page 52 of 318

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Justin Williams
Hanson Aggregates Southeast LLC
2310 Park Lk Dr
Atlanta, GA 30345
Dear Perm ittee:
Division of Water Quality
Coleen H. Sullins
Director
February 11, 2010
Dee Freeman
Secretary
Subject: NPDES Stormwater Permit Coverage Renewal
Hanson Aggregates - Crabtree Quarry
COC Number NCG020052
Wake County
In response to your renewal application for continued coverage under stormwater General Permit NCG020000
the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater General Permit. This permit
is reissued pursuant to the requirements of North Carolina General Statute 143 -215.1 and the Memorandum of
Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated October 15,
2007 (or as subsequently amended).
The following information is included with your permit package:
• A new Certificate of Coverage
• A copy of stormwater General Permit NCG020000
• A copy of a Technical Bulletin for the General Permit
• Two copies of the Tier 2 / Exceedence Discharge Monitoring Report (DMR) Form for Stormwater
• One copy each of the Annual Summary DMR Forms for Stormwater and Wastewater
• Two copies of the Limit Violation DMR Form for Wastewater
• Two copies of the Qualitative Monitoring Report Form
The General Permit authorizes discharges of stormwater and wastewater, and it specifies your obligations with
respect to discharge controls, management, monitoring, and record keeping. Please review the new permit to
familiarize yourself with all the changes in the reissued permit. If your Certificate of Coverage (COC) restricts
authorization to discharge stormwater only (or other limited terms) based on your original application, or
subsequent modifications to your COC, you must continue to meet these requirements or contact the Stormwater
Permitting Unit to request a modification of this renewal COC.
The more significant changes in the General Permit since your last Certificate of Coverage include the following:
Part II:
• Section B — Language referencing PAMS has been changed. Flocculants may now be used if evaluated
by the Division and administered in accordance with maximum appplication doses and other requirements.
Part III:
• Section A — The permit now requires a Stormwater Pollution and Prevention Plan (SPPP) tailored to the
mining industry, in lieu of a Stormwater BMP Plan.
• Section A - Inactive mines may be inspected on a reduced schedule: at least once per month and after
0.5" (or more) of rain. To qualify, inactive mines must possess an "Inactive Renewal' from DLR or certify
to DWQ the site has been stabilized. The permittee must notify the DWQ Regional Office of inactive
status. Discharges from inactive mines must still be monitored on the same schedule as active mines.
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1- 877 - 623 -6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
One
NonhCarolina
Natutrallil
Hanson Crabtree Quarry Expansion - Page 53 of 318

Permit Reissuance — Permit Number NCG020052
February 11, 2010
Page 2
• Section B — Revised provisions require that stormwater discharges be sampled twice per year (instead of
annually), and that the sampling results be compared to new benchmark values. (The previous cut -off
concentrations have been removed.)
• Section B — Revised provisions require the permittee to execute Tier One, Tier Two & Tier Three
response actions, based on the first benchmark exceedence (Tier One) and the second consecutive
benchmark exceedence (Tier Two). Tier Two requires that the permittee institute monthly monitoring
(reported to the appropriate Regional Offices) instead of twice - per -year monitoring. Monthly monitoring
shall be done until three consecutive monitoring events show no benchmark exceedences.
• Section B — This part contains a new provision that four exceedences of any benchmark will trigger
increased DWQ involvement in the permittee's stormwater management and control actions. DWQ may
direct the permittee to apply for an individual permit, institute specific monitoring, or may direct the
implementation or installation of specific stormwater control measures.
• Section B — The definition of "Representative Storm Event" (RSE.) now allows 48 hours (instead of 72
hours) of little or no precipitation to precede an RSE.
• Section B — Stormwater discharges from a basin designed to contain the 10 -year storm must now be
monitored.
• Sections B & C — Failure to monitor according to permit terms triggers monthly monitoring for the
remainder of the permit.
• Section C — Analytical monitoring for Total Petroleum Hydrocarbons (TPH) has replaced the Oil & Grease
parameter in the previous permit.
• Section D — Qualitative monitoring must now be conducted during the same representative storm event
as the analytical monitoring.
• Section D — The permittee is required to keep a written record of his response to problems identified by
his qualitative monitoring observations.
• Section D — If the permittee fails to respond effectively to problems identified by qualitative monitoring, the
permittee may be required by DWQ to perform corrective action.
• Section D — Qualitative ROS: Representative Outfall Status may be granted for qualitative monitoring for
some Stormwater Discharge Outfalls (SDOs).
• Section D — If mines do not respond to problems seen in visual monitoring, DWQ may now require that
mines change the monitoring frequency, apply for an individual permit, implement in- stream monitoring,
install or modify structural stormwater controls, or implement other controls.
• Sections B, C, & D — Inability to sample due to adverse weather must be reported in the SPPP and
recorded in the Annual Summary DMR.
• Section E — A lower TSS Wastewater limit for PNA waters is included in the permit.
• Section E — All mining operations are now required to monitor'TSS in wastewater effluent discharges (not
only industrial sand mines). However, TSS limits only apply to industrial sand mining operations.
• Section E — Turbidity limits on effluent discharges have been removed; however, turbidity standards still
apply in the receiving waters.
• Section E — Approval of a Pumping O &M Plan may be required prior to coverage (for sites with
dewatering activities that have the potential to drain wetlands or other surface waters).
• Section E — ATC Requirements have been changed for clarity.. These requirements are now outlined for
Mine Dewatering Wastewater, Process Wastewater, Overflow From Non - Closed -Loop Process Recycle
Wastewater Systems, and Overflow From A Closed -Loop Process Recycle (CLPR).
• Section E — Monitoring for Fecal coliforms in discharges to SA waters has been clarified. Fecal coliform
monitoring is now required for all process and mine dewaterina wastewater discharges to SA waters.
Part IV:
• Section E — Items 1. and 2. require submittal of a new reporting form: the Annual Summary DMR. This
annual summary of the analvtical monitoring results should be submitted to the DWQ Central Office by
March 1 of each year.
• Section E — Exceedences and violations must be sent to the appropriate DWQ Regional Office within 30
days of receipt from the lab.
• Section E — Results of "No Flow" or "No Discharge" must be recorded within 30 days from the sampling
period in the SPPP. "No flow" or "No Discharge" must also be reported on the Annual Summary DMR
form.
Hanson Crabtree Quarry Expansion - Page 54 of 318

Permit Reissuance — Permit Number NCG020052
February 11, 2010
Page 3
Your coverage under the General Permit is transferable only through the specific action of DWQ.
This permit does not affect the legal requirements to obtain other permits which may be required by DENR, nor
does it relieve the permittee from responsibility for compliance with any other applicable federal, state, or local
law, rule, standard, ordinance, order, judgment, or decree.
If you have any questions regarding this permit package please contact these members of the Stormwater
Permitting Unit: Jennifer Jones at (919) 807 -6379 or Bethany Georgoulias at (919) 807 -6372.
cc: DWQ Central Files
Stormwater Permitting Unit Files
Raleigh Regional Office
Sincerely,
foY Coleen H. Sullins
Hanson Crabtree Quarry Expansion - Page 55 of 318

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020052
STORMWATER, MINE DEWATERING WATER AND /OR PROCESS WASTEWATER
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143 - 215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Hanson Aggregates Southeast LLC
is hereby authorized to operate approved wastewater treatment system(s) and discharge stormwater
and /or wastewater, as approved in the original permit/application or subsequent permit modification,
from a facility located at:
Hanson Aggregates - Crabtree Quarry
5001 Duraleigh Rd
Raleigh
Wake County
to receiving waters designated as Crabtree Creek, a class C;NSW waterbody in the Neuse River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective February 11, 2010.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this 11th day of February, 2010.
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Hanson Crabtree Quarry Expansion - Page 56 of 318

PUBLIC
INTEREST
ISSUES
Hanson Crabtree Quarry Expansion - Page 57 of 318

PUBLIC INTEREST ISSUES
In a document provided by the U.S. Corps of Engineers titled "Wetlands & Corps Wetland Regulations"
and dated August 13, 2001, the Corps of Engineers lists 21 specific factors that will be reviewed related to
Public Interest. These factors are similar to the "Evaluation Factors" listed on Page 8 of the U.S. Army
Corps of Engineers, Regulatory Program, Application Information document dated May 1985. These items
are as follows:
Conservation
Safety
Economics
Water Resources
Aesthetics
Fish & Wildlife Values
Wetlands
Historic Properties
Shore Erosion and Accretion
Flood Hazard
Water Supply
Food & Fiber Production
Floodplain Value
Navigation
Environmental Concerns
Land Use
Energy Needs
Property Ownership
Recreation
Mineral Needs
Needs and Welfare of the People
1. Conservation:
In conducting the planned quarry expansion project, Hanson will continue to practice sound land and
water conservation by providing sedimentation and erosion control as required by the North Carolina
mining permit program. As new quarry pit areas are activated, overburden slopes will be provided
with vegetative cover using native plant species to the extent practicable. Likewise, overburden
storage areas, to include the Northern Boundary Berm, will be provided with vegetative stabilization
utilizing plant species beneficial to indigenous wildlife and landscaped to meet current City codes per
the settlement agreement. Properly designed and located sediment and stormwater detention structures
will be utilized to prevent sedimentation of undisturbed waters. Provisions will be made for the
establishment and maintenance of undisturbed buffers along and adjacent remaining on -site wetlands
and streams. Continued adherence to the North Carolina Air Quality and Stormwater General Permits
for the operation will further ensure conservation of land, air, and Water Resources on and near the
quarry property.
2. Water Resources:
The Crabtree Quarry is located in central Wake County in the Crabtree Creek watershed. Land
surface areas of the site drain to one of several unnamed tributaries of Crabtree Creek, which is
classified Class "C;NSW" in NC -DWR's "Classification and Water Resources Standards Applicable to
Surface Waters and Wetlands of North Carolina" (Class C surface freshwater classification, nutrient
Sensitive Waters supplemental classification).
The existing Crabtree Quarry operation is currently regulated under the NC DENR Division of
Energy, Mineral, and Land Resources (DEMLR) — Land Quality Section mining permit program, and
the NC DENR DWR NPDES /Stormwater permitting program. Discharges from the operation to
surface waters are strictly monitored under these permit programs with periodic sampling utilized to
ensure compliance with applicable effluent and stormwater discharge limitations. The expansion
activities planned for the operation will be conducted under the same permit constraints as the existing
operation. Accordingly, a revision of Mining Permit No. 92 -03 will be sought concurrently with this
USACE individual permit request, and will address any needed revisions to the Sedimentation and
Erosion Control Plan requirements of the mining permit program. Approved sediment basin and
surface water diversions will be utilized to guard against off site sedimentation or other impacts to
surface waters. Level spreader devices and stabilized channel outlets will provide diffuse flow to
riparian zones of the receiving waters.
3. Wetlands:
The Hanson Crabtree Quarry is contained within the area owned/leased by the corporation and covered
under NC Mining Permit No. 92 -03. Within the overall site 0.856 acres of jurisdictional wetlands have
been identified. The wetlands and streams were field verified by Mr. David Shaeffer of the USACE
Raleigh Regulatory Field Office on July 11, 2014 (SAW- 2014 - 01246). Stream determinations were
Hanson Crabtree Quarry Expansion - Page 58 of 318

also made by Ms. Cherri Smith of the DWR Raleigh Regional Office (RRO) on the same date
(NBRRO #14 -251). The surface waters depicted on the attached impact maps reflect the delineation
approved by Mr. Shaeffer and stream determinations made by Ms. Smith.
Timber harvesting activities have occurred in the spring of 2015 within the northern property area.
The majority of the area was clear cut, with streamside management zones (SMZs) maintained along
the streams and wetlands.
The wetlands on the properties are headwater forest wetlands (per NCWAM classifications). Only
0.04 acres of wetlands exist in the norther property area, with the majority of the wetlands occurring
along Richlands Creek on the properties south of Crabtree Creek. These wetlands along Richlands
Creek are relatively pristine, high quality wetlands. These more significant wetland areas are to be
avoided and preserved under the planned expansion activities.
The main tributary stream on the property (Stream 1) is a 2nd order, perennial stream that originates
north of the property and flows through the property along the west side of the existing pit and storage
yard. It receives a significant amount of offsite, uncontrolled stormwater runoff from existing
commercial, office, industrial and high density residential development. The majority of this stream
(lower 2,600 ft or so) was stabilized (channelized and riprap lined) during 1987 to 1988. The other
tributary streams are smaller, 0 order, relatively undisturbed and stable streams which originate on the
property.
4. Flood Hazard:
All existing and planned expansion activities for the Crabtree Quarry operation are located outside the
100 -year floodplain of Crabtree Creek as delineated on the Flood Insurance Rate Map. None of the
planned expansion activities will create additional flood hazards in the FEMA designated floodplain of
Crabtree Creek. In addition, enlargement of the quarry pit will likely expand the 500 -year floodplain
(new pit area) and potentially provide additional flood storage capacity.
5. Floodplain Value:
Since the quarry expansion activities would occur outside the 100 -Year floodplain of Crabtree Creek,
there are no existing or planned impacts to the 100 -Year floodplain, and impacts to wetlands within the
floodplain of Crabtree Creek and Richlands Creek are to be avoided. No decrease in Crabtree Creek
floodplain value is anticipated as a result of the quarry expansion.
6. Land Use:
The entire area covered by NC Mining Permit No. 92 -03 is owned or leased by Hanson. Per the
settlement agreement, the City of Raleigh has authorized the continued use of the properties for quarry
operations until 2052, or until 30 million tons of aggregates are removed, whichever comes first. Once
the quarry operations have ceased, and within ninety (90) days of the release of the Reclamation Bond,
upon request of the City, Hanson shall convey the northern property to the City.
Adjacent and nearby properties are primarily urban and include residential (single & multi - family),
office, retail, commercial and industrial uses. Adjacent property owners are listed in Block Sheet 24.
7. Recreation:
No public or private recreational activities are permitted within the operational areas of the properties.
As outlined in the settlement agreement, Hanson agreed to convey 7.46 acres at the confluence of
Crabtree Creek and Richlands Creek to the City of Raleigh to be used for greenway, parks and
recreational purposes. Hanson has also dedicated a greenway easements to the City of Raleigh along
the north side of Crabtree Creek, on the property south of Crabtree Creek and along Richlands Creek.
8. Safety:
Public thoroughfare frontage to the quarry operation is screened by vegetated earthen berms, with
"Posted" signs warning of the quarry operation. Site access roads are gated and locked during non
business hours. Inadvertent public entry into quarry pit areas is prevented by fencing, vegetated
Hanson Crabtree Quarry Expansion - Page 59 of 318

earthen berms and boulder barriers. All employees and contractors working on the property, or
visitors, are required to go through site specific safety training prior to entering the property. This
training is required to be renewed every year.
Blasting operations are conducted under guidelines established by the NC DENR Division of Energy,
Mineral, and Land Resources and the US Mine Safety and Health Administration (MSHA). All
production blasts are conducted in such a manner as to minimize the potential for the occurrence of
fly -rock, and minimize ground vibration and air blast (noise). All quarry blasts are monitored by
seismograph at the nearest occupied off site dwelling under strict compliance with applicable Mining
Permit regulations.
Special safety considerations and conditions were incorporated in the settlement agreement for the
greenway easements dedicated to the City and are outlined in the agreement.
9. Aesthetics:
The Crabtree Quarry is located in a predominantly urban area of central Wake County. Residential
development near the quarry has increased dramatically (most notably to the west) since initiation of
quarrying at the site, suggesting that the quarry operation is not viewed as such a nuisance that would
prevent persons to move adjacent to it. The quarry operation is visually screened by vegetated earthen
berms and forested areas surrounding the site. Also, the Northern Boundary Berm required by the
settlement agreement will be landscaped and act as a visual barrier to the quarry operations. The
quarry entrance is paved and gated providing security and attractively landscaped. Public view of the
existing quarry operation only occurs at the Duraleigh Road crossing of Crabtree Creek due to past
road widening improvements completed by DOT and the City. Only a portion of the processing plant
is visible from the public road right -of -way.
10. Historic Properties:
The Crabtree Creek Recreational Demonstration Area (WA0721), located within Umstead State Park
approximately 0.4 miles west of the Crabtree Quarry, is listed on the National Register of Historic
Places. A residential development (Hamptons at Umstead) and state road (Ebenezer Church Road) lie
between the quarry and this area. The quarry is not anticipated to have any impacts to this area.
Other N.C. State Historic Preservation Office (SHPO) identified sites within one (1) mile of the quarry
include St. Giles Presbyterian Church (WA3916) included on the Study List. And, Raleigh Memorial
Park Cemetery (WA6528) currently surveyed only at this time. A significant amount of existing
residential and commercial development lies between the quarry and these two sites. The quarry is not
anticipated to have any impacts to these sites.
11. Water Supply:
Hanson's Crabtree Quarry only uses City municipal water at the quarry office. The other personnel
facilities (e.g., training trailer, QC trailer, shop, etc.) use well water and holding tanks. There have
been no reports of adverse effects to neighboring wells throughout the history of the operation, and
none are anticipated in response to enlarging the quarry pit due to the slow migration of groundwater
in crystalline bedrock. Also, the vast majority of surrounding homes and businesses use City water as
they are within the City limits and the water is readily available.
12. Navigation
None of the stream or wetland impacts associated with the expansion of the quarry operation are
located in navigable waters. No impacts to navigation are anticipated as a result of the quarry
expansion.
13. Energy Needs
Electrical energy needed to operate the miscellaneous stone processing equipment is provided by the
local public utility. No changes are anticipated to the electrical energy demand as a result of the quarry
expansion.
Hanson Crabtree Quarry Expansion - Page 60 of 318

14. Mineral Needs:
The Crabtree Quarry expansion project will allow production of crushed stone construction
aggregate for public and private construction projects for the next 36+ years if approved. As discussed
elsewhere in this document, the annual per capita consumption of crushed stone products is
approximately 10 tons for each N.C. citizen. Crushed stone products are shipped by truck from this
quarry throughout Wake County and other surrounding N.C. counties.
15. Economics:
The quarry expansion project will allow continued production of construction aggregate products at a
lower cost of production, and therefore lower cost to the consumer, than if a new quarry operation had
to be opened to provide the same aggregate products, or if material had to be trucked into the market
from Hanson's Raleigh Quarry (approximately 19 miles away) due primarily to increased
transportation fees. Requiring the Crabtree Quarry to close prematurely would not only reduce the
amount of available crushed stone within the market area, but also decrease the local competition
amongst the other quarries within the market and thereby potentially drive up the costs of crushed
stone. Alternative sites for a similar operation do not exist in the immediate geographical area due to
the increased development of the area.
In terms of the economic impact to Hanson, there are no known available sites in this market to open a
new quarry and as such if this expansion is not allowed to occur, Hanson would simply have one less
quarry in the area in which to supply crushed stone and generate revenue to its shareholders. It would
also have to prematurely cover the reclamation costs associated with closing down the quarry, without
the associated available stone to offset the costs. The property has been in operation as a quarry since
the 1940's, and Hanson purchased the property with the assumption that the entire property would be
available for quarry use. A significant portion of the property has already been required to be released
/ removed from the mining permit limits (i.e., areas east of Duraleigh Road and properties south of
Crabtree Creek) and other areas while still in the mining permit limits have been had significant
limitations placed on them and cannot be excavated to extract hard rock reserves that exist under them
(i.e., properties south of Crabtree Creek).
An additional potential economic issue is the impact of quarry expansion on property values in the
vicinity of the operation. Experience with residential development continuing in near proximity to the
existing quarry operation suggests that continued operation and future expansion of the quarry will not
diminish property utilization or value in the area immediately surrounding the quarry. For example,
the vast majority of the homes within the Hamptons at Umstead development to the west have been
built within the last two (2) to three (3) years.
16. Fish & Wildlife Values:
As part of the initial permitting process for the Crabtree Quarry, S &EC researched N.C. Natural
Heritage Program (NHP) & U.S. Fish & Wildlife Service (FWS) databases for protected species.
There were no known protected species identified on the property.
NHP however identifies the "Crabtree Creek/ Ebenezer Church Road Slopes" significant natural area
as extending onto the property. They also identify the "Crabtree Creek Aquatic Habitat" significant
natural area as flowing through the property. These areas were identified in "An Inventory of
Significant Natural Areas in Wake County, North Carolina" report prepared by the NHP in 2003 (NHP
2003).
The "Crabtree Creek / Ebenezer Church Road Slopes" is one of four (4) identified Mafic Areas listed
in the report in Wake County. The report states that; "Uncommon species include Catawba
rhododendron (Rhododendron catawbiense) and chinquapin oak (Quercus muhlenbergii). The rare
glade milkvine (Matelea decipiens) is also present."
The "Crabtree Creek Aquatic Habitat" is one of five (5) Aquatic Habitats listed in the report in Wake
County. The report states that habitat exists 'for the following rare species: Atlantic pigtoe (Fusconaia
masoni), Creeper (Strophitus undulates), Notched Rainbow (Villosa constricta)."
Hanson Crabtree Quarry Expansion - Page 61 of 318

The proposed project will have no direct impacts to either of these natural communities, as all
activities are located to the north of the existing pit and away from these areas. These areas will also
receive additional protection from the easements and preserved properties as described below.
Conservation Easement — As stated above, the "Crabtree Creek / Ebenezer Church Road
Slopes" significant natural area on the property includes an area with Catawba Rhododendron
(Rhododendron catawbiense), which is State listed as W6 (considered rare in this region,
while abundant in other, mostly mountainous regions). The rhododendrons are found on a
steep slope along the south bank of Crabtree Creek. A condition of the settlement agreement
with the City of Raleigh, Hanson agreed to dedicate a conservation easement on this area for
the preservation of the rhododendron. The purpose of the easement is to preserve, protect,
and maintain the Easement Area (shown on attached maps) as an undeveloped and natural
area.
• Nature Preserve Area — Hanson also agreed in the settlement agreement with the City of
Raleigh to convey a 7.46 -acre property located at the confluence of Richlands Creek and
Crabtree Creek (on the south side of Crabtree Creek) to the City. This property was
transferred to the City on February 14, 2014 (Deed Book 015580 — Page 00928). This area is
identified in the settlement agreement as the "Nature Preserve Area ".
• Greenway Easements — Greenway easements through the property along Crabtree Creek and
Richlands Creek were dedicated by Hanson to the City of Raleigh as part of the settlement
agreement. These easements will not only provide import recreational and pedestrian
transportation corridors, but will also help to protect the riparian corridors along the two
creeks and the "Crabtree Creek Aquatic Habitat" significant natural area.
Federally listed endangered and threatened protected species in Wake County include; Bald Eagle
(Haliaeetus leucocephalus — BGPA), Dwarf Wedgemussel (Alasmidonta heterodon - Endangered),
Red - cockaded Woodpecker (Picoides borealis — Endangered), Michaux's Sumac (Rhus michauxii —
Endangered), and Northern Long -eared Bat ( "NLEB ", Myotis septentrionalis — Threatened 4(d)).
Of these species, potential habitat within the expansion area only exists for the NLEB. However, the
majority of the expansion area was clear -cut as part of a timber harvest operation earlier this spring and
prior to the listing of the NLEB, with the exception of the stream side management zones. Also, it is
not likely that additional tree clearing will occur prior to the end of the pup season (June 1" to July
31") next year. As such, it is anticipated that the pit expansion will not likely affect the NLEB.
N.C. Wildlife Resources Commission (WRC) Letter — The WRC provided comments on the most
recent mine modification plan to include the expansion of the pit and construction of the Northern
Boundary Berm. This letter is attached to the Block 25 section of this application. They offered the
following comments and recommendations for Phases 2 & 3.
1. The applicant indicates during Phase I the streams flowing through the proposed Phase 2
and Northwest Pit Expansion will be evaluated along with possible wetlands. We recommend
all streams and wetlands within the Phase 2 and 3 areas should be delineated according to
U.S. Army Coprs of Engineers or N.C. Division of Water Resources methodology.
S &EC, PA has delineated all jurisdictional wetlands, streams and waters and these have been field
verified by the USACE (SAW- 2014 - 01246) and DWR (NBRRO #14 -251). A survey of these
jurisdictional waters (copy attached) has been prepared by a N.C. Professionally Licensed
Surveyor and submitted to the USACE for sign off (not yet received). This survey was used in the
preparation of the mine expansion plan, attached impact exhibits, and attached Conceptual Stream
Relocation Plan.
Hanson Crabtree Quarry Expansion - Page 62 of 318

2. The applicant indicates during Phase 2 culverts or other approved means will be installed to
construct the screen berm. In Phase 3, the streams will be located westward through the use
of culverts or other approved means. We hesitate to concur with piping of stream channels
due to the potential for long -term and cumulative impacts. Stream piping and placing fill in
aquatic resources can result in significant negative impacts to downstream areas and
eliminate aquatic and terrestrial wildlife habitat. The modification application for Phases 2
and 3 should include thefollowing:
• Linear feet of stream channel including type of stream (e.g., intermittent or perennial)
that will be impacted by Phases 2 and 3.
The linear feet of surveyed stream channel is provided in Block 22.
• Acreage of wetlands to be impacted including the type of wetland that will be impacted
by Phases 2 and 3.
The area of surveyed wetlands is provided in Block 22.
If impacts to streams cannont be avoided, then the application should evaluate the
feasibility of relocating the streams rather than placing them the streams in a culvert.
We recommend and prefer that streams are relocated using Rosgen's natural stream
design techniques. In addition, the relocated stream should include a riparian buffer
planted with native tree species. Typically, we recommend a minimum of 50 foot native
forested buffer for intermittent streams and a 100 foot native forested buffer for perennial
streams.
Hanson and their designers and consultants, made significant efforts towards redesigning
the pit expansion project to allow for the relocation of approximately 950 feet of stream
around the proposed pit expansion using natural channel design techniques, and the
avoidance of 430 feet of a first order stream in its entirety that was previously proposed
to be impacted. While riparian zone planting is incorporated into the Conceptual Stream
Relocation Plan we were unable to provide a full 50 or 100 foot buffer. As such,
additional stream mitigation is provided via the purchase of stream mitigation credits
from DMS or a private bank.
17. Shore Erosion & Accretion:
This public interest issue is not applicable to this application as the Hanson Crabtree Quarry is not
located in an area where shoreline erosion or accretion is problematic. Terrestrial erosion and potential
sedimentation to surface waters is addressed through the Division of Energy, Mineral, and Land
Resourcess — Land Quality Section's required Sedimentation and Erosion Control Plan which is a part
of Mining Permit No. 92 -03.
18. Food & Fiber Production:
The proposed expansion area lies entirely within the quarry properties. No agricultural production has
occurred on the site since initiation of quarrying activities in the 1940's. Timber was harvested from
the property during the spring of 2015. However, the property was always intended to be mined and
timber production has never been the intended purpose of the property.
19. Environmental Concerns:
Issues of environmental concern that might result from an expanded quarry operation are no different
than those currently addressed through the required NC Mining Permit, NC Air Quality Permit, and the
NC Stormwater General/NPDES Permit for the site. Erosion and sedimentation control, slope
stability, groundwater withdrawal, and blasting issues are addressed in the mining permit. Quarry
dewatering and stormwater effluent discharge are addressed in the Stormwater General/NPDES permit.
Air emissions from the processing equipment and site haul roads are addressed in the site air permit.
Planned expansion activities will not result in additional issues of environmental concern.
Hanson Crabtree Quarry Expansion - Page 63 of 318

20. Property Ownership
All land upon which the quarry expansion will occur is owned by Hanson. Hanson holds a lease with
NC DOT, but this is property is located within existing mine and pit operations, and not with the
expansion area. Adjacent property owners are listed in Block Sheet 24.
21. Needs and Welfare of the People
The public depends upon the products produced by the quarry at an annual per capita consumption rate
of approximately 10 tons. Public infrastructure projects built using quarry products improve the
welfare of the public. State and federal permitting required for operation of the quarry provide
protection of the welfare of the public.
Hanson Crabtree Quarry Expansion - Page 64 of 318

SITE VICINITY
MAPS
Hanson Crabtree Quarry Expansion - Page 65 of 318

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Hanson Crabtree Quarry Expansion - Page 67 of 318

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Hanson Crabtree Quarry Expansion - Page 69 of 318

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Inventory Map
Hanson Crabtree Quarry
Wake County, NC
Source:
National Wetlands Inventory
Legend
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Hanson Crabtree Quarry Expansion - Page 71 of 318

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Hanson Crabtree Quarry Expansion - Page 72 of 318

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Hanson Crabtree Quarry Expansion - Page 73 of 318
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Hanson Crabtree Quarry Expansion - Page 73 of 318

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Hanson Crabtree Quarry Expansion - Page 74 of 318

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Hanson Crabtree Quarry Expansion - Page 76 of 318

O
• LEGEND
® City of Raleigh Nature Preserve
® City of Raleigh Greenway /
Easement /uu
® City of Raleigh Conservation I M e
1 Easement
®City of Raleigh Temporary
Greenway Easement
.�l
r
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Project: �P I �1e
CRA13TREE QUARRY EXPANSION 2
�Pro.M"8 2. D2
Location: Client: P KS
WAKE CO., NC S�aII:000
rIAN50N A6GRJ =GATES SOUTHEAST, LLC
5heetTitle: Sheet No.:
OVERALL CONDITIONS FIGURE
X
11
f
s�
PRELIMINARY
NOT FOR CONSTRUCTION
A Environmental Consultants, PA
Falls of Neuse Rd., Suite 104 Raleigh, North Carolina 27615
Phone: [phone] • Fax: [phone]
w .SandKxom

DWR & USACE
VERIFICATIONS
Hanson Crabtree Quarry Expansion - Page 78 of 318

D E r`, Lirt
NCDENR OC f 0 -Q 2014 I '
North Carolina Department of Environment and Natural Resources
3y: Soil & En %ironmenta' Cursul`ar s, ( > /..
w
Pat McCrory John E. Skvarla, III
Governor Secretary
Bob Zarzecki
Soil & Environmental Consultants
8412 Falls of Neuse Road, Ste. 104
Raleigh, NC 27615
Determination Type:
Buffer Call
® Neuse (15A NCAC 21B .0233)
❑ Tar - Pamlico (15A NCAC 2B .0259)
❑ Jordan (15A NCAC 2B .0267)
Project Name: Hanson Quarry
October 6, 2014
Subject: Surface Water Determination Letter
NBRRO# 14 -251
Wake County
Isolated or EIP Call
❑ Ephemeral /Intermittent/Perennial Determination
❑ Isolated Wetland Determination
Location /Directions: Subject property is undeveloped forested land within a quarry.
Subject Stream: Tributaries to Crabtree and Richland Creeks
Determination Date: July 11, 2014 Staff: Cherri Smith and Jennifer
Burdette
This Surface Water Determination Letter dated October 6, 2014 replaces the Surface Water Determination
Letter dated August 18, 2014. This replacement is being made to include the
Ephemeral /Intermittent/Perennial determinations for the streams. The maps included with the August 18,
2014 letter are still valid and are attached to this letter (dated October 6, 2014).
This replacement letter also notes, at the request of Hanson Quarry, that the quarry is in the process of
requesting a vested right determination from the NC Department of Natural Resources (NCDENR) regarding
the applicability of the Neuse Riparian Buffer Rules (15A NCAC 2B .0233) to streams within the quarry
footprint. If Hanson Quarry is determined by NCDENR to have a vested right, the quarry property would
not be subject to the Neuse Riparian Buffer requirements, pursuant to the vested right determination.
NorthCarolina
Natzmallry
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone]
Internet: www.ncwateroualitv.ora. Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper
Hanson Crabtree Quarry Expansion - Page 79 of 318

Hanson Quarry
Wake County
October 6, 2014
Page 2 of 4
Stream E/I/P* Not Subject Subject
S1 P X-
throughout
property
S2 P X —
throughout
property
S3 I X — not
S4
S5
S6
S7
S8
S9
S10
H
I
J
K
L
M
P
I
I
P
I
I
depicted on
maps but
found on
ground
X — portion
of pond may
extend onto
property but
there is no
stream
below pond
X —not
depicted on
maps but
found on
ground
X — not
present on
ground
X — not
present on
ground
X — not
present on
ground
X — not
present on
ground
X —not
present on
ground
X —not
present on
ground
Start@ Stop@
Soil USGS
Survey Topo
X X
X
X Origin at DWQ X
flag
X
X Origin at DWQ
flag
X Origin at DWQ Wetland area X
Flag
X Origin at bottom X
of riprap
X Origin at DWQ X
flag
X
X
X
X
X
X
KI
Hanson Crabtree Quarry Expansion - Page 80 of 318

Hanson Quarry
Wake County
October 6, 2014
Page 3 of 4
O X —not
X
present on
ground
P X — not
X
present on
ground
Q X — not
X
present on
ground
R X — not
X
present on
ground
S X — not
X
present on
ground
Sediment X — NPDES
X X
Basin #1 pond
Sediment X — not
Basin 92 depicted and
NPDES
pond
Sediment X — NPDES
X
Basin #3 pond
Sediment X — not
Basin #4 depicted and
NPDES
pond
Water X — NPDES
X
Processing pond
Pond #I
Water X — not
Processing depicted and
Pond #2 NPDES
pond
Richland P X
X X
Creek
Crabtree P X
X X
Creek
*EIIIP = Ephemeral /Intermittent /Perennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and /or to the Division of Water Resources
(DWR).
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWR or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and /or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Karen Higgins, DWR 401 & Permitting Unit, 1617 Mail
Service Center, Raleigh, NC 27699 -1617.
Hanson Crabtree Quarry Expansion - Page 81 of 318

Hanson Quarry
Wake County
October 6, 2014
Page 4 of 4
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner /future owners should notify the Division of Water Resources (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Resources (Central Office) at (919)- 807 -6300, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919) -554 -4884.
If you have questions regarding this determination, please feel free to contact Cherri Smith at (919) 791 -4251 .
ince)rely, /7
Danny Smith
Supervisor, Water Quality Regional Operations Center
cc: RRO DWR File Copy
Hanson Crabtree Quarry Expansion - Page 82 of 318

R $
r 4'02r - "WFF 55 start [
�'_ •�'��
g�I 'Ra
Y # - /■
istin Sedimen!
•i.. 4
Existing 5edimen
Basin SF2
WetI and-
wet] arid 5 flags A-
Pvnd/im land
Non-jurisdictional connection
-
t
7. flags A -T
Detailed Delineation of Waters of the United States
Suitable for Preliminary Planning Only
Stream and Wetland Evaluation performed by S &EC
between 06/05/2014 & 0611612014. This is not a survey.
Stream and wetland determinations have not been
confirmed by the USACE or NC -DWR.
Project No. Stream * Wetland
11282.W2
Sketch Map
Project Mgr.: Hanson Crabtree Quarry
6z Wa ke Co. N C
Scale:
" = 500' 2013 Aerial from NCOneMap.com
Contours from NCDOT GIS
7/25/14
and 2, flags A
s3 start Channel
0F'
1 n
�I
C� r
h
Legend
o00o Non - Jurisdictional Connection -
0 Project Area
Perennial Stream
,o Intermittent Stream
Jurisdictional Wetland
Pond
4 Sediment Basin or Processing Pond (Non - Jurisdictional)
Contours (2 -Foot Interval)
0 250 500 1,000
Feet
Soil & Environmental Consultants, PA
8412 Falk of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: [phone] -Fox: (919) 846 -9467
sandec.com
IF
Hanson Crabtree Quarry Expansion - Page 83 of 318

N
gC
C
r --'� • L7 , S
Evaluated area
yt ,� A
Opp, „
J. Existing Sediment
a Basin #1
CeF
J \
Ma `4
1
dC2
gC2
GRANITE
'. QUARPr
a M a
Co g ''
Co
3i A
CeF
WkE
°
�Ce
M, `fib ^, WkC AP
C
Aft,
cam'
C 'CeF
I.
• w: W k
ks
Project No.
11282.W5 Soil Survey Map 0 495 990 1,980
Project Mgr.: Hanson Crabtree Quarry Feet
BZ Wake Co. NC
Scale:
I" = 500' 1970 Printed Wake Co. Soil Survey, Soil & Environmental Consultants, PA
8112 Falls of eusc Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846 - 5900 • Fax: [phone]
Map Sheets 37 & 38 sandec.cnm
2014 -06 -24
r
Hanson Crabtree Quarry Expansion - Page 84 of 318

Legend 3 70 0 �- N
..r4y
Project Area ' , w . ' E
35
S
s' CJk
449 it
T1 -TA:L,4KEwDR - t
DE v HOLLOW pR
EF'y
Existing Sediment
11 f �'4�3i1 l 6 �.1 � Vii �• F%' 6
� Basin #1
P11 �1
\
y(GR ice' 7fs4! Existing ProcessOreSt
�nQO� ✓ k; �f + }' Water Pond #1 Zy
NJ
Oc
IN
V L1111 Co
OA--- 1-o -
YLn 0 s �, TIM
OL
1f f i
p
.A
oil
_ -- "- �v a �
Stoner -idge �' 'Al
�. o
Project No.
11282.W5 0 1,000 2,000 4,000
USGS Vicinity Map =
Project Mgr.: Hanson Crabtree Quarry Feet
BZ Wake Co. NC
Scale:
- 1 I ,000, Soil & Environmental Consultants, . .ants, PA
8412 Fails of reuse Road, Suite 104. Raleigh, NC 27615 • Phone. [phone] • Fax. [phone]
2013 Raleigh West USGS Quadrangle sandeccom
2014 -OG -24
Hanson Crabtree Quarry Expansion - Page 85 of 318

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 9, 2015
Mr. Alan Burnette
Director of Resource Development
Hanson Aggregates Southeast, Inc.
2310 Parklake Drive, Suite 550
Atlanta, Georgia 30345
Donald R. van der Vaart
Secretary
Subject Property: Neuse River Riparian Buffer Confirmation — Vested Right Determination
Hanson Aggregates Southeast, LLC; Crabtree Quarry, Duraleigh Road,
Raleigh, Wake County, NC
Tributaries to Crabtree Creek
Dear Mr. Burnette:
This letter is to inform you that the North Carolina Department of Environment and Natural
Resources has completed its review of your request for a vested right determination for the
subject property from the Neuse Buffer Rules (15A NCAC 2B .0233). A property or
development is only "grandfathered" when it can establish in court that it has acquired a "vested
right" to continue development as planned. Only the courts can make this determination;
however, the Department may inform you of its position with respect to the question of "vested
rights" for a project.
The General Counsel's Office has advised the Division that the expansion of Hanson
Aggregates' Wake County Crabtree Quarry qualifies for a "vested right" to complete your plans
to continue to mine without imposition of the Neuse Riparian Buffer Rules, limited to the
confines of the Crabtree Quarry as delineated by the mining boundary of the approved mining
permit No. 92 -03 (Department of Environment and Natural Resources, Division of Land
Resources, Land Quality Section, Permit for the operation of a mining activity) in place as of the
date of this letter.
Therefore, your proposed project will not be subject to the Neuse Buffer Rules with regard to the
realignment of the streams north of the existing quarry as described in the approved mining
permit No. 92 -03. Any modification to your project is subject to further review and may result
in a revision to the Department's position. Any mining activity other than what is indicated in
your request may need to comply with the Neuse Buffer Rules.
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601
Phone: 919 - 707 -86001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
Hanson Crabtree Quarry Expansion - Page 86 of 318

Mr. Alan Burnette
April 9, 2015
Page 2
Thank you for your attention to this matter. If you have any additional questions, please feel free
to contact me at 919 - 707 -8656.
Sincerely,
Craig A. Bromby
Assistant General Counsel
N.C. Department of Environment and Natural Resources
cc: Mary Penny Kelley, Of Counsel, Styers & Kemerait, representing Hanson Aggregates
Sam M. Hayes, General Counsel, Department of Environment and Natural Resources
Tom Reeder, Assistant Secretary for the Environment
Tracy Davis, Director of Division of Energy, Mineral and Land Resources
Danny Smith, Division of Water Resources Raleigh Regional Office
Karen Higgins, Division of Water Resources Wetlands Unit
Katie Mills, Legal Intern, Department of Environment and Natural Resources
Hanson Crabtree Quarry Expansion - Page 87 of 318

. __� i a Ii�
L76 r y L6 I E
C0 N I
J STREAM 6 I STREAM 4
r~-- INTERMITTENT I\
r '
STREAM 6
0.028 AC
192 LINEAR FT
THIS CERTIIFES THAT THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY
OF THE JURISDICTION OF SECTION 404
OF THE CLEAN WATER ACT AS
DETERMINED BY THE UNDERSIGNED ON
THIS DATE. UNLESS THERE IS A
CHANGE IN THE LAW OR OUR
PUBLISHED REGULATIONS, THE
DETERMINATION OF SECTION 404
JURISDICTION MAY BE RELIED UPON FOR
A PERIOD NOT TO EXCEED FIVE (5)
YEARS FROM THIS DATE. THE
UNDERSIGNED COMPLETED THIS
DETERMINATION UTILIZING THE
APPROPRIATE REGIONAL SUPPLEMENT
TO THE 1987 ARMY CORPS OF
ENGINEERS WETLANDS DELINEATION
MANUAL.
REGULATORY OFFICIAL:
TI TLE:
DATE:
USACE ACTION ID NO:
STREAM1 �STREA 2
L7 00 L5
�I?ST 3 i
WETLAND 2 j
STREAM 1 �/ I
LUTTatw-111ilrom
!\J I
)STREAM STREAM 10 NJP �I
1 I SITE 1
I t
JURISDICTIONAL POND
STREAM 1
W
NJP = NON- JURISDICTIONAL NPDES POND ^v�
�I
I
I
I
I
I
� I
F
n L6,
s
�y2 L6
0
LI
DNJP
FI
WETLAND 4 w
I
WETLAND 5 I
I
I
�I
F-
w
LU
U)I
c�BT R�� OREFk
Zla� 9 k27 I
X28
NJ 0 �S
NJIP
o NJP
U
I
L66 ISITIL 21
Xr t1
2 STREAM 8
61
9 L44\
�l
WETLAND 7
0 L46 l
L50 WETLAND 6
L49 � cp
L51 T � j I �
[ j i to
1 ' I ( t i I � I j
f
AREA BY (COORDINATE METHOD
500 250 0 500 1000 N:760110.669
E:2084806.841 _
NAD 83 (2011)
GRAPHIC SCALE CONC MONUMENT
GARY W. KEYES LAND SURVEYING, P.C.
7336 DARDEN ROAD
WILMINGTON, NC 28411
910- 228 -4773
[e-mail]
THIS IS NOT A BOUNDARY SURVEY. THIS SURVEY IS OF AN
EXISTING FEATURE (WETLANDS AND STREAMS AS DELINEATED BY
OTHERS). PARTIAL FIELD SURVEY FOR THIS MAP WAS
CONDUCTED USING CONVENTIONAL EDM METHODS AND GPS.
THIS PROJECT REMAINS ON GRID FOR EASE OF GPS
REPRODUCTION/RECONNAISANCE. ALL DISTANCES SHOWN AS
GRID US FT. BEARINGS SHOWN AS GRID. GRID SYSTEM UTILIZED
IS NAD 83(2011). COMBINED FACTOR FOR GROUND CONVERSION
ON THIS PROJECT IS 1.00006897. NAD 83(2011)
BASED /ESTABLISHED COORDINATES BY THIS OFFICE FOR BASE
POINTS ARE EXISTING CONCRETE MONUMENTS ON DURALEIGH
ROAD RIGHT –OF –WAY AS SHOWN HEREON AND AS LOCATED BY
NC VRS NETWORK WITH REDUNDANT OBSERVATIONS VERIFYING
0.10 FT. CONFIDENCE LEVEL. CLOSURE AS CALCULATED BY
LATITUDES AND DEPARTURES IS 1:12,000 +.
(Vicinity Map Not to Scale)
c�F
�O
DURALEIGH RD
I_ C
L
r ��s0'
L7
Co
cfl b t µ
o �
L—
t
M13TREE CREEK
REPORTED ZONING: COMM
v
S 11'31'45" E
468.29
N:763244.139
E:2085854.013
NAD 83 (2011)
CONC MONUMENT
SHEET 1 OF 91
\NV
0
CV
i
00
0
Q
z
af
0
z
9
it
1
I
TOWNSHIP HOUSE CREEK
COUNTY WAKE
STATE NC
DATE 12/15/14 I SCALE 1"=500'
WETLAND DELINEATION FOR:
LEHIGH HANSON
CRABTREE QUARRY
5001 DURALEIGH ROAD
RALEIGH, NC 27612
Hanson Crabtree Quarry Expansion - Page 88 of 318

CURVE
C1
C2
LINE
L1
L2
L3
L4
L5
L6
L7
L8
0 L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
L23
L24
L25
L26
L27
L28
L29
L30
L31
L32
L33
L34
L35
L36
L37
L38
L39
L40
L41
L42
L43
0XI1i1iu1i,
KIP
L44
L45
RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING I DELTA ANGL
1107.69' 1085.72' 1042.77' S 17'12'38" W 56'09'33"
1022.82' 1044.30' 999.53' N 16'02'26" E 58'29'57"
BEARING
DISTANCE
LINE
BEARING
DISTANCE
N 06'01'51" E
158.91
L46
N
88'49'12" W
213.46
N 06'22'19" E
1663.89
( L47
S
13'05'23" E
155.08
N 06'20'05" E
600.51
I L48
S
13'47'48" E
108.95
N 88'02'17" W
1467.03
L49
N
87'46'27" W
1276.64
N 02'49'00" E
399.85
L50
N
87'31'56" W
60.19
S 87'50'43" E
1444.84
L51
N
87'36'30 ". W
149.10
S 87'50'08" E
1234.14
L52
N
72'33'44" W
10.36
N 06'23'37" E
8.62
I L53
N
29'09'00" E
75.06
S 87'08'22" E
499.02
I L54
N
50'08'24" E
80.07
S 02'24'17" E
20.80
L55
N
52'28'36" E
81.82
S 02'23'43" E
64.81
L56
N
24'21'33" E
180.48
S 04'30'25" E
100.98
L57
N
17'53'36" E
41.23
S 04'32'36" E
100.40
L58
N
27'10'10" E
72.23
S 05'43'01 " E
72.62
, L59
N
39'42'07" E
35.14
S 05'43'01" E
28.83
L60
N
30'07'14" E
49.49 I
S 08'03'41 " E
101.70
L61
N
03'53'54" W
11.70
S 09'59'23" E
101.30
L62
N
14'26'54" W
90.85
S 10'53'31" E
100.65
L63
N
21'30'49" W
131.86
S 11'38'00" E
74.94
L64
N
28'59'47" W
32.64
S 10'52'09" E
231.47
I L65
N
32'27'01 " W
61.24
S 10'52'09" E
515.92
L66
N
17'52'42" W
44.77
S 45'17'24" W
164.27
( L67
N
07'03'17" E
125.41
S 45'17'24" W
49.88
L68
N
08'44'32" W
123.03
N 61'32'46" W
27.97
L69
N
05'06'58" E
183.18
N 70'34'05" W
106.85
L70
N
20'46'28" E
177.36
N 60'48'30" W
209.05
L71
N
24'47'32" E
45.17
N 75'16'17" W
135.89 I
( L72
N
01'08'41 " E
25.47
N 77'41'11" W
92.87 I
I L73
N
29'16'25" W
33.87
N 68'26'23" W
91.20
L74
N
13'59'36" E
580.61
N 53'15'09" W
84.34
I L75
N
15'16'53" E
32.00
N 85'58'49" W
170.96
I L76
S
87'50'43" E
381.57
S 55'35'39" W
168.08
L77
S
32'53'35" E
6.01
S 11'45'09" W
70.52
L78
S
08'56'36" E
56.99
S 03'53'10" W
183.50
I L79
N
85'44'35" E
46.64
S 22'44'34" W
129.64
I L80
S
40'40'00" E
39.71
S 24'06'44" W
188.38 (
L81
N
79'52'48" E
50.84
S 63'19'20" W
117.37
I L82
N
13'13'59" W
7.96
S 84'45'34" W
129.83 l
I L83
S
79' 13'26" W
46.09 1
N 6328'24" W
102.63 I
L84
N
40'31'10" W
36.45
N 49'41'32" W
395.72
L85
N
82'36'37" W
3.95
N 49'41'32" W
61.83
L86
S
84'41'40" W
43.58
S 45'17'24" W
653.23
L87
N
08'05'30" W
53.28
S 13'12'34" E
310.44
L88
N
32'33'02" W
3.22
S 88'45'58" E
6.04
L89
N
87'50'43" W
7.23 1
S 13' 16'27" E
288.61
LINE DATA FOR SHEET 1 ONLY
(Vicinity
DURALEIGH RD
GARY W. KEYES LAND SURVEYING, P.C.
7336 DARDEN ROAD L-
WILMINGTON, NC 28411
910- 228 -4773
keyessurveying®gmail.com
i Not to Scale)
c�F
NO
O
-9�
2ABTREE CREEK
REPORTED ZONING: COMM
SHEET 2 OF 91
TOWNSHIP HOUSE CREEK
COUNTY WAKE
DATE 12/15/14
STATE NC
SCALE 1"=500'
WETLAND DELINEATION FOR:
LEHIGH HANSON
CRABTREE QUARRY
5001 DURALEIGH ROAD
RALEIGH, NC 27612
Hanson Crabtree Quarry Expansion - Page 89 of 318

STREAM 1 STREAM 2
PERENNIAL PERENNIAL
---7 �
17.11
990.09 172.46" /
C� 111.20 19s\ �p
STREAM 4 R' to 111
PERENNIAL " 0
N: 765075.645 ? ��° 54.48 INTERMITTENT
E: 2083918.884
NAD 83 (2011) CV
sH WETLAND 2
r
3
f�
ti :A1
STREAM 1
PERENNIAL
co
v J
L32 i B
STREAM 1 tF is
PERENNIAL 1E 1D WETLAND 1
STREAM 10
C4
INTERMITTENT
N: 763449.285
E: 2083782.964
NAD 83 (2011)
J J
matchline — sheet 6
AREA BY COORDINATE METHOD
v 4el
o'er
C �
N �1v
N: 764423.147
E: 2084413.141
NAD 83 (2011)
NON— JURISDICTIONAL NPDES POND # 1
STREAM 1 (THIS SHEET)
STREAM 1 (SHEET 6)
STREAM 1 (TOTAL)
STREAM 2
STREAM 3
STREAM 4
STREAM 7
STREAM 10
WETLAND 1
WETLAND 2
0.665
AC
2456
LINEAR FT
0.255
AC
2456
LINEAR FT
0.92
AC
2456
LINEAR FT
0.088
AC
219
LINEAR FT
0.002
AC
20 LINEAR
FT
0.193
AC
957
LINEAR FT
0.060
AC
430
LINEAR FT
0.017
AC
133
LINEAR FT
0.015
AC
0.027
AC
THIS CERTIIFES THAT THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF
THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS
DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A
CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THE
DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR
A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE
UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE
APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 ARMY CORPS OF
ENGINEERS WETLANDS DELINEATION MANUAL. N
to
co
REGULATORY OFFICIAL: °a
Z
TITLE: ir,
af
to
DATE: z
200 100 0 200 400 °
USACE ACTION ID NO: ISHEET 3 OF 91
GRAPHIC SCALE
DURAI
GARY W. KEYES LAND SURVEYING, P.0
7336 DARDEN ROAD
WILMINGTON, NC 28411
910- 228 -4773
keyessurveying ©gm ail. com
(Vicinity Map Not to Scale)
=EK
REPORTED ZONING: COMM
TOWNSHIP HOUSE CREEK
COUNTY WAKE I STATE NC
DATE 12/15/14 I SCALE 1"=200'
WETLAND DELINEATION FOR:
LEHIGH HANSON
CRABTREE QUARRY
5001 DURALEIGH ROAD
RALEIGH, NC 27612
Hanson Crabtree Quarry Expansion - Page 90 of 318

LINE
BEARING
DISTANCE
I LINE
BEARING
DISTANCE
L1
S
43'28'29" W
0.82
L69
N
28'42'18" W
27.89
L2
S
50'30'13" E
29.53
L70
N
23'20'41" W
37.36
L3
S
18'19'05" W
17.14
L71
N
02'55'09" E
27.37
L4
S
07'40'51 " E
7.45
L72
N
68'19'59" W
7.67
L5
S
20'50'05" E
6.55
L73
S
11'11'21" W
33.30
L6
N
86'38'16" E
12.76
L74
S
31'01'07" E
34.83
L7
S
60'10'37" E
23.96
L75
S
22'53'40" E
32.69
L8
S
02'22'40" E
13.64
L76
S
03'37'24" E
29.19
L9
S
22'17'17" W
27.09
L77
S
82'22'57" E
15.57
L10
S
50'53'43" W
12.58
L78
S
02'31'39" E
22.52
L11
N
87'52'20" W
19.64
L79
S
07'45'57" E
42.53
L12
S
68'12'30" W
22.17 (
L80
S
45'13'33" E
22.27
L13
S
17'57'02" W
27.61 I
L81
S
09'05'38" E
45.07
L14
S
04'34' 18" E
29.84 I
L82
S
10-09"11 " E
33.55
L15
S
54'39'06" W
24.65
L83
S
25'36'06" E
49.27
L16
S
83'28'19" W
21.49
L84
S
18'20'05" W
64.68
L17
N
25'15'48" W
45.14
L85
S
68'23'13" E
75.02
L18
N
67'19'30" W
13.29
L86
S
26'20'26" E
24.13
L19
S
61'24'49" W
25.44
L87
S
00'29'06" W
41.23
L20
S
20'05'01 " W
23.15
L88
S
21'41'51 " W
45.66
L21
S
23'55'47" W
32.78
L89
S
49'38'24" W
40.71
L22
S
17'36'42" W
34.02
L90
S
14'49'08" E
49.86
L23
S
09'18'49" E
26.36
L91
S
78'30'16" E
26.94
L24
S
36'20'50" W
23.17
L92
N
87'58'30" E
25.36
L25
S
06'10'29" E
30.76
L93
S
65'03'02" E
43.86
L26
S
43'59'45" E
23.01
L94
S
38'53'34" E
26.63
L27
S
47'19'20" E
15.57
L95
S
21'51'56" E
23.55
L28
S
04'53'17" E
30.11
L96
S
32'16'30" E
43.14
L29
S
27'03'12" W
21.36
( L97
S
43'12'04" E
50.92
L30
S
73'38'27" W
31.26
( L98
S
57'17'19" E
18.89
L31
S
54'01 ' 10" W
33.99
L99
S
32'45'22" W
18.62
L32
S
69'06'51 " W
39.60
L100
S
48'00'36" W
25.98
L33
S
57'31'43" W
41.32
L101
S
37'48'21" W
42.88
L34
S
58'48'49" W
44.30
L102
S
43'21'40" W
40.48
L35
S
71'09'27" W
35.51 (
L103
S
40'37'53" W
56.20
L36
S
37'03'57" W
49.54
L104
S
33'45'43" W
70.30
L37
S
29'42'18" W
23.80
L105
S
32'57'05" W
31.05
L38
S
10'19'40" W
52.13
L106
S
71'29'41" W
28.94
L39
S
19'43'22" W
69.70 (
L107
N
71'10'22" W
7.79
L40
S
19' 10' 18" W
51.28 I
L108
N
47'07' 15" W
16.32
L41
S
24'26'51" W
34.73
L109
N
46'31'14" W
15.72
L42
S
35'32'29" W
49.32
L110
N
48'25'02" W
22.50
L43
S
39'14'51 " W
51.27
1-111
N
09-10'08" W
14.67
L44
S
39'07'38" W
47.08
L112
N
32'13'39" W
16.27
L45
S
42'49'52" W
32.34
L113
N
65'41'22" W
18.32
L46
N
58'37'14" W
19.06
L114
N
07'45'50" W
13.76
L47
N
42'19'02" W
50.73
L115
N
29'59'50" E
10.05
L48
N
25'48'59" W
40.71
L116
N
22'19'55" E
19.55
L49
N
25'05'25" W
26.53
L117
N
06'13'33" E
17.28
L50
N
40'52'35" W
27.53
L118
N
43'17'54" W
25.24
L51
N
63'59'49" W
54.29
e L119
N
41'55'58" W
20.46 I
L52
S
73'55'01" W
24.21
L120
N
12'12'29" W
28.83
L53
N
63'58'04" W
27.45
L121
N
34'44'19" W
17.97
L54
N
09'45'31 " W
32.19
L122
N
86'09'10" W
7.48
L55
N
54'37'32" E
37.00
L123
N
47'46'01 " W
4.83
L56
N
21'56'01 " E
48.35
( L124
N
18'44'07" W
18.35
L57
N
00'38'56" W
51.67
L125
N
04'06'02" W
24.93
L58
N
32'03'58" W
30.35
L126
N
58'07'57" W
25.80
L59
N
71'30'24" W
69.50
I L127
N
47'28'52" W
17.64
L60
N
23'08'21 " E
60.81
I L128
N
55'05'48" W
16.20
L61
N
23'25'52" W
54.23
L129
N
58'02'44" W
22.87
L62
N
06'00'31 " W
37.57
L130
N
47'42'35" W
18.85
L63
N
10'30'46" W
36.79
L131
N
50'51'14" W
9.86
L64
N
33'34'27" W
22.30
L132
S
48'54'01 " W
3.48
L65
N
14'24'21 " W
40.89
L133
S
43'05'25" W
4.43
L66
N
11'32'49" W
30.35
L134
S
44'42'10" E
11.54
L67
S
89'05' 11 " W
12.41
L135
S
56'28'01 " E
19.52
L68
N
00'46'27" W
27.47
L136
S
57'23'22" E
26.09
LINE DATA FOR SHEET 3 ONLY
DURAI
GARY W. KEYES LAND SURVEYING, P.0
7336 DARDEN ROAD
WILMINGTON, NC 28411
910- 228 -4773
keyessurveying @gmail.com
(Vicinity Map Not to Scale)
REPORTED ZONING: COMM
_EK
LINE
BEARING
DISTANCE
L137
S
58'56'39" E
14.71
L138
S
49'32'23" E
16.30
L139
S
57'25'30" E
20.27
L140
S
08'48'09" E
23.45
L141
S
14'46'45" E
23.65
L142
S
64'20'07" E
11.36
L143
S
57'53'40" E
14.02
L144
S
12'26'01 " E
29.09
L145
S
30'18'47" E
21.66
L146
S
41'03'59" E
21.21
L147
S
10'30'40" W
13.07
L148
S
09'33'06" W
16.89
L149
S
03'22'44" W
12.23
L150
S
00'52'04" E
18.55
L151
S
67'15'07" E
19.01
L152
S
39'06'58" E
10.08
L153
S
08'01'49" E
13.46
L154
S
13'02'20" E
16.07
L155
S
49'34'42" E
16.95
L156
S
43'22'15" E
15.05
L157
S
45'45'44" E
17.01
L158
S
36'35' 16" E
10.88
L159
S
24'10'06" W
39.29
L160
S
26'04'16" W
22.82
L161
S
28'26'50" W
55.30
L162
S
29'37'30" W
49.54
L163
S
30'33'43" W
31.62
L164
S
33'41'58" W
26.87
L165
S
52'11'09" W
25.01
L166
S
40'33'42" W
53.92
L167
S
21'43'06" W
45.17
L168
S
27'14'10" W
35.03
L169
S
15'36'10" W
61.97
L170
S
06'50'47" E
42.70
L171
S
08'50'39" W
44.45
L172
S
12'07'08" W
27.30
L173
S
18'15'43" W
34.22
L174
S
05' 17'45" W
34.91
L175
S
13'00'57" W
32.06
L176
S
21'31'44" W
43.03
L177
S
29'18'02" W
41.33
L178
S
19'32'50" W
36.04
L179
S
15'21'55" W
8.49
L180
S
35'26'58" E
23.11
L181
S
21'45'42" W
16.96
L182
S
04'24'12" E
1.85
L183
S
83'52'36" E
9.48
L184
S
66'40'04" E
22.29
L185
S
21'52'46" E
31.21
L186
S
76'27'44" E
34.08
L187
S
22'03'02" E
20.09
L188
N
53'55'31 " E
22.40
L189
N
22'47'57" E
27.14
L190
N
11'45'17" E
13.48
L191
N
39'33'54" E
30.45
L192
N
65'29'09" E
27.93
L193
N
37'14'20" E
11.09
L194
S
43'22'10" W
8.26
L195
N
72'13'05" W
24.41
L196
S
26'29'19" W
3.38
L197
S
57'36'18" W
3.96
G�
L V.
SH EET 4 OF 91
TOWNSHIP HOUSE CREEK
COUNTY WAKE I STATE NC
DATE 12/15/14 ( SCALE 1"=200'
WETLAND DELINEATION FOR:
LEHIGH HANSON
CRABTREE QUARRY
5001 DURALEIGH ROAD
RALEIGH, INC 27612
Hanson Crabtree Quarry Expansion - Page 91 of 318

LINE
BEARING
DISTANCE
L198
S
57'36' 18" W
19.76
L199
S
37'18'02" W
25.64
L200
S
73'21'49" W
26.90
L201
N
68'56' 15" W (
18.88
L202
S
42'06'24" W I
27.42
L203
S
00'29'07" W I
25.64
L204
S
41'36'08" W
37.79
L205
N
85'35'01 " W I
25.47
L206
N
05'16'45" W I
20.99
L207
N
82'39'21 " W I
32.73
L208
S
10'03'56" W (
29.47
L209
S
86'51'24" W I
39.66
L210
S
72'45'51 " W I
19.56
L211
S
05'55'12" E (
29.57
L212
S
18'34'41" W I
33.50
L213
S
64'32'35" W I
39.26
L214
N
69'27'43" W
17.29
L215
N
28'56'54" W I
41.08
L216
N
40' 19'44" W I
9.55
L217
S
23'37'04" W
56.93
L218
S
39'16'57" W I
30.82
L219
S
15'26'22" E
27.85
L220
S
15'56'09" E
12.32
L221
S
31'54' 14" W
24.25
L222
S
12'44'53" W
15.61
L223
S
50'26'44" E
38.95
L224
N
49'30'50" E
41.73
L225
N
55'08'47" E
39.84
L226
N
64'06'59" E
18.69
L227
N
75'51'49" E
22.59
L228
S
62'21'07" E I
11.00
L229
S
70"14'00" W
23.31
L230
S
8421'30" W
18.39
L231
S
46'44'07" W
12.19
L232
S
47'05'54" W
20.36
L233
S
47'29'21 " W
47.02
L234
S
23'50'43" W
35.66
L235
S
26'01'58" W
32.55
L236
S
56'14'17" W
27.45
L237
S
18'08'45" W
11.46
L238
S
13'38'21 " W
24.92
L239
S
27'12'34" W
27.08
L240
S
74'48'57" W
20.16
L241
N
44'32'27" E
26.55
L242
N
17'39'03" E
25.32
L243
N
25'44'30" E
7.56
L244
S
62'30'30" W
13.01
L245
S
68'04'03" W
47.47
L246
S
60'13'59" W
49.61
L247
S
71'34'37" W
54.58
L248
S
39'56'02" W
53.96
1249
S
23'38'01" W
55.90
L250
S
13'50'38" W
59.80
L251
S
19'11'15" W
34.47
L252
S
20'22'34" W
42.69
L253
S
31'38'54" W
38.43
L254
S
33'43'38" W
54.90
L255
S
40'29'35" W
29.77
L256
S
89'54'22" E
8.98
L257
N
78'23'57" E
15.09
L258
N
66'24'26" E
18.97
L259
N
69'04'30" E
25.03
1260
N
53'01'54" E
15.54
L261
N
60'20'00" E
12.83
L262
N
72'28'28" E
12.18
L263
S
68'27'32" E
8.93
L264
S
07'07'30" W
11.08
L265
S
07'50'32" W
7.98
GARY W. KEYES LAND SURVEYING, P.0
7336 DARDEN ROAD
WILMINGTON, NC 28411
910- 228 -4773
keyessurveying ©gm oil .com
LINE
BEARING
DISTANCE
L266
N
82'09'28" W
6.00
L267
N
0750'32" E
7.94
L268
N
07'07'30" E
6.39
L269
N
68'27'32" W
2.14
L270
S
72'28'28" W
9.41
L271
S
60'20'00" W
11.81
L272
S
53'01'54" W
16.00
L273
S
69'04'30" W
25.81
L274
S
66'23'52" W
19.60
L275
S
85'45'56" W
16.07
L276
S
86'28'01 " W
13.53
L277
S
40'29'35" W I
15.24
L278
I S
39'03'58" W (
49.92
L279
S
40'09'47" W (
30.02
L280
I S
20'57' 12" W I
17.10
L281
S
52'51'46" W I
28.08
L282
S
3719'03" W
52.31
L283
S
38'11'22" W I
37.01
L284
S
41'35'08" W
58.92
L285
S
36'54'39" W
59.66
L286
S
31'43'39" W I
46.27
L287
S
78'50'51 " W
23.35
L288
S
26'28'06" W
44.43
L289
S
26'17'53" W
29.95
L290
S
27'23'06" W
58.11
L291
S
28'21'46" W I
43.08
L292
S
33'29'30" W I
36.39
L293
S
33'32'55" W I
29.12
L294
S
43'50'42" W I
24.35
L295
S
46'14'35" W
46.52
L296
S
22'54'04" W
49.19
L297
S
24'41'28" W
42.35
L298
S
19'00'03" W
44.58
L299
S
08'26'54" E
50.30
L300
S
11' 12'14" W
45.05
L301
S
13'53'05" W
34.62
L302
S
12'50'09" W
26.13
L303
S
10'59'46" W
36.18
L304
S
15'39'54" W
38.31
L305
S
07'13'58" W
28.12
L306
S
33'17'24" W
51.81
L307
S
21'25'05" W
36.27
L308
S
12'37'25" W
5.13
LINE DATA FOR SHEET 3 ONLY
(Vicinity Map Not to Scale)
NO DURALEIGH RD O
SHEET 5 OF 91
TOWNSHIP HOUSE CREEK
COUNTY WAKE
DATE 12/15/14
STATE NC
SCALE 1"=200'
WETLAND DELINEATION FOR:
SITE LEHIGH HANSON
CRABTREE QUARRY
5001 DURALEIGH ROAD
RALEIGH, NC 27612
CRABTREE CREEK
REPORTEDZONING: COMM
Hanson Crabtree Quarry Expansion - Page 92 of 318

L21
L44
r � /
f � /
190.30 -7 -11C
�O$ S 06. 22'19" W
01 JURISDICTIONAL POND
STREAM 1
PERENNIAL l35 —�? matchfine
L25 vheet 3
N:763367.207
E:2083740.161
0.023 AC NAD 83 (2011)
/ JURISDICTIONAL POND
!� STREAM 1 (THIS SHEET)
STREAM 1 (SHEET 3)
00 r- STREAM 1 (TOTAL)
CRABTREE CREEK
I
OG
y'o s1 o
L57
�g3
NJP
NJ
� RS
�R a
� ^a
r?9O vM
200 100 0 200 400
GRAPHIC SCALE
GARY W. KEYES LAND SURVEYING, P.0
7336 DARDEN ROAD
WILMINGTON, NC 28411
910 - 228 -4773
[e-mail]
0.255 AC
0.665 AC
0.92 AC
2.739 AC
�co
0
/tea
v
491
CRABTREE CREEK
PERENNIAL
961
LINEAR
FT
2456
LINEAR
FT
3417
LINEAR
FT
2405
LINEAR
FT
THIS CERTIIFES THAT THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY
OF THE JURISDICTION OF SECTION 404
OF THE CLEAN WATER ACT AS
DETERMINED BY THE UNDERSIGNED ON
THIS DATE. UNLESS THERE IS A
CHANGE IN THE LAW OR OUR
PUBLISHED REGULATIONS, THE
DETERMINATION OF SECTION 404
JURISDICTION MAY BE RELIED UPON FOR
A PERIOD NOT TO EXCEED FIVE (5)
YEARS FROM THIS DATE. THE
UNDERSIGNED COMPLETED THIS
DETERMINATION UTILIZING THE
APPROPRIATE REGIONAL SUPPLEMENT
TO THE 1987 ARMY CORPS OF
ENGINEERS WETLANDS DELINEATION
MANUAL.
REG OFFICIAL:
TI TLE:
DATE:
USACE ACTION ID NO:
NJP = NON - JURISDICTIONAL NPDES POND
N: 762579.218
E: 2085322.894
NAD 83 (2011)
GRID NORTH NAD 83(2011)
(Vicinity Map Not to Scale)
N DURALEIGH RD '
SHEET 6 OF 91
TOWNSHIP HOUSE CREEK
COUNTY WAKE
DATE 12/15/14
STATE N C
SCALE 1" =200'
WETLAND DELINEATION FOR:
SITE LEHIGH HANSON
CRABTREE QUARRY
5001 DURALEIGH ROAD
RALEIGH, NC 27612
CRABTREE CREEK
REPORTED ZONING: COMM
Hanson Crabtree Quarry Expansion - Page 93 of 318

I LINE
BEARING
DISTANCE I
L1
S
15'21'55" W
25.16
L2
S
18'16'43" W
35.81
L3
S
04'16'54" W
39.58
L4
S
07' 12'28" W
35.89
L5
S
03'55'06" E
34.62
L6
S
02'58'24" E I
41.71
L7
S
02'00'56" W I
35.78
L8
S
05'43'08" W
41.61
L9
( S
10-53'19" W I
43.67
L10
S
05'40'37" W I
33.69
L11
S
14'39'45" W
38.98
L12
S
0630'57" W I
43.86
L13
S
50'25'22" W
41.89
L14
S
28'48'56" W
15.33
L15
S
28'39'32" W
28.53
L16
S
37'3037" W
22.80
L17
S
13'51'39" W
17.04
L18
S
26'15'13" W
48.04
L19
S
18'58'51 " W
30.41
L20
S
15' 18'16" W (
27.68
L21
S
00'25'35" W
195.19
L22
S
15'43'51 " W (
76.50
L23
N
73'36'31 " W (
12.35
L24
N
3439'31 " W (
12.41
L25
S
12'37'25" W
26.17
L26
S
17'29'21 " W
37.14
L27
S
03'21'21" W
37.19
128
S
12' 13'41 " W I
36.22
L29
S
05'06'15" E f
30.71
L30
S
05'01'21" E
45.71
L31
S
01'44'34" W
38.09
L32
S
06'03'52" W
49.82
L33
S
11'25'22" W
34.89
L34
S
07'09'06" W
33.72
L35
S
12'41'34" W
36.89
L36
S
09'36'47" W
50.58
L37
S
51'11'15" W
37.99
L38
S
23'47'37" W
28.74
L39
S
48'52'20' W
18.95
L40
S
29'14'17" W
19.25
L41
S
10'37'50' W
17.22
L42
S
24'52'43" W
48.64
L43
S
19'19'28" W
37.18
L44
S
01'55'54" W
278.50
L45
S
02'32'11 " E
29.08
L46
S
50'24'51 " E
59.79
L47
S
53'01'50" E
139.14
L48
S
47'28'58" E
97.13
L49
S
58'22'18" E
113.56
L50
S
80'27'55" E
40.39
L51
N
85'01'30" E
104.70
L52
N
69-17'51 " E
54.99
L53
N
44'53'32" E
80.86
L54
N
25'00'29" E
105.44
L55
N
17'46'40" E
47.94
L56
N
21'49'05" E
116.31
L57
N
06'35'41 " E
143.24
L58
N
08'16'22" E
121.67
L59
N
53'02'27" E
73.58
L60
N
55"16'33" E
78.32
L61
N
64'00'26" E
53.28
L62
S
82'35'38" E
149.94
L63
S
67'22'41 " E
48.62
L64
S
51'49'24" E
104.98 ,
L65
S
75'04'02" E
87.91
GARY W. KEYES LAND SURVEYING, P.0
7336 DARDEN ROAD
WILMINGTON, NC 28411
910- 228 -4773
[e-mail]
LINE
L66
L67
L68
L69
L70
L71
L72
L73
L74
L75
L76
L77
L78
L79
L80
L81
L82
L83
L84
L85
L86
L87
L88
L89
L90
L91
L92
L93
L94
L95
L96
L97
L98
0 L99
L100
L101
L102
L103
I L104
BEARING
S
78'26'44" E
S
72'21'23" E
S
59'12'00" E
S
65'37'12" E
S
37'45'21" E
S
78'48'52" E
S
80'17'48" E
S
64' 18'16" E
N
61'23'35" W
N
69'44'58" W
N
65'11'26" W
N
55'21'04" W
N
57'22'49" W
N
7443'04" W
N
72'32'48" W
N
69'01'20" W
N
65'53'50" W
N
49'33'01 " W
N
71'01'14" W
N
80'19'02" W
S
81'06'42" W
S
69'44'31 " W
S
53'03'59" W
S
57'26'35" W
S
16'53'31 " W
S
05'13'37" E
S
19'24'39" W
S
18'40'43" E
S
00'19'29" W
S
24'10'57" W
S
43'24'44" W
S
70'44'21 " W
N
88'57'58" W
N
7537'32" W
N
49' 17'02" W
N
48'52'48" W
N
51'30'08" W
N
46'44'54" W
N
49'31'46" W
DISTANCE
136.91
74.57
79.14
90.18
22.08
37.10
41.06
59.23
84.38
55.58
61.89
49.23
73.65
102.29
139.37
105.50
12.39
27.28
33.10
107.41
29.19
30.23
76.78
58.91
42.74
63.55
69.57
35.36
110.77
245.28
87.78
83.15
136.35
87.13
106.68
132.19
76.74
162.70
16.60
LINE DATA FOR SHEET 6 ONLY
DURAI
(Vicinity Map Not to Scale)
:EK
REPORTEDZONING: COMM
JURISDICTIONAL POND
I LINE
BEARING
DISTANCE
L105
N
88'34'25" E
9.39 0
L106
N
23'53'58" E
41.38 0
L107
N
24'33'04" W
31.53
L108
N
35'07'27" W
8.38
L109
S
06'22'19" W
74.06
SHEET 7 OF 91
TOWNSHIP HOUSE CREEK
COUNTY WAKE
DATE 12/15/14
STATE NC
SCALE 1" -200'
WETLAND DELINEATION FOR:
LEHIGH HANSON
CRABTREE QUARRY
5001 DURALEIGH ROAD
RALEIGH, NC 27612
Hanson Crabtree Quarry Expansion - Page 94 of 318

THIS CERTIIFES THAT THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY
OF THE JURISDICTION OF SECTION 404
OF THE CLEAN WATER ACT AS
DETERMINED BY THE UNDERSIGNED ON
THIS DATE. UNLESS THERE IS A
CHANGE IN THE LAW OR OUR
PUBLISHED REGULATIONS, THE
DETERMINATION OF SECTION 404
JURISDICTION MAY BE RELIED UPON FOR
A PERIOD NOT TO EXCEED FIVE (5)
YEARS FROM THIS DATE. THE
UNDERSIGNED COMPLETED THIS
DETERMINATION UTILIZING THE
APPROPRIATE REGIONAL SUPPLEMENT
TO THE 1987 ARMY CORPS OF
ENGINEERS WETLANDS DELINEATION
MANUAL.
REG OFFICIAL:
TI TLE:
DATE:
USACE ACTION ID NO:
-o
22 n
AREA BY COORDINATE METHOD
N:761932.804
E:2083325.373 NJP = NON - JURISDICTIONAL NPDES POND
NAD 83 (2011)
S 65'12'28" E 21.38 bank to 4Q
1 S 66'22'28" E 29.27 bank to 4R
NJP
v.
V
4S 4o
4T 4N L40
Q
mho 4V 4 J WETLAND 4
NON -
JURISDICTIONAL
/ CONNECTION
i
m
S 50' 19'38" E 5W
52.53
OUTLET PIPE
N:761010.183
E:2083907.750
NAD 83 (2011)
011
STREAM 8
PERENNIAL
NON - JURISDICTIONAL CONNECTION
S 47'29'02" E 22.01 (begins 19.68 from 7G)
?H 2�
70 M 7L WETLAND 7
7r s v`j 70
L112�Q 7P
NON- JURISDICTIONAL CONNECTION
JB 8 1 S 67'02'18" E 22.54 (begins at 6B)
6H G � 0 n W
BC 6D e eWETLAND 6
"00358.857
)83062.831
) 83 (2011)
i
RICHLAND CREEK
WETLAND 4
WETLAND 5
WETLAND 6
WETLAND 7
�
26463
I
SQ. FT.
0.261
AC
0.147
AC
0.283
AC
0.100
AC
STREAM 8
DICTIONAL CONNECTION 316 LINEAR FT (3 FT WIDE) 0.021 AC
PIPE 53 LINEAR FT ESTIMATE
WETLAND 5 TO END 441 LINEAR FT (3 FT WIDE) 0.30 AC
WETLAND 6
200 100 0 200 400 NON— JURISDICTIONAL CONNECTION
WETLAND 7
NON— JURISDICTIONAL CONNECTION
GRAPHIC SCALE
DURAI
GARY W. KEYES LAND SURVEYING, P.0
7336 DARDEN ROAD
WILMINGTON, NC 28411
910- 228 -4773
keyessu rveyi ng @gmail.com
(Vicinity Map Not to Scale)
_EK
REPORTED ZONING: COMM
23 LINEAR FT
0
CV
Co
0
a
z
F_
of
0
z
0
of
20 LINEAR FT ISHEET 8 OF 91 '
TOWNSHIP HOUSE CREEK
COUNTY WAKE I STATE NC
DATE 12/15/14 I SCALE 1"=200'
WETLAND DELINEATION FOR:
LEHIGH HANSON
CRABTREE QUARRY
5001 DURALEIGH ROAD
RALEIGH, NC 27612
Hanson Crabtree Quarry Expansion - Page 95 of 318

RICHLAND CREEK STREAM 8 WETLAND 7
LINE
BEARING
DISTANCE
L1
N
3452'58" E
71.35
L2
N
50' 16'42" E
75.15
L3
N
66'20'39" E
48.10
L4
N
42'00'09" E
43.64
L5
N
22'57'42" E 1
185.27
L6
N
17'53'36" E 1
40.67
L7
N
27-10"10" E
69.37
L8
N
39'42'07" E
34.75
L9
N
30'07' 14" E ,
50.41
L10
N
32'43'52" E I
14.18
L11
N
28'46'20" W 1
14.98
L12
N
14'26'54" W 1
89.89
L13
N
21'30'49" W
133.77
L14
N
28'59'47" W
34.07
L15
I N
32'27'01 " W
59.77
L16
N
17'52'42" W 1
39.45
L17
( N
07'41'27" E 1
57.32
L18
N
06'27'39" E
67.20
L19
N
10'09'08" W 1
65.06
L20
N
07'15'06" W
57.91
L21
I N
04'23'07" E
44.16
L22
N
02'34'46" E
46.48
L23
N
06'47'07" E
88.71
L24
N
20'08'02" E (
101.89
L25
N
21'40'46" E (
72.92
L26
( N
2447'32" E
47.91
L27
N
01'08'41 " E
33.24
L28
( N
33'09'18" W
67.13
WETLAND 4
L29
S
19'57'25" E
33.91
L30
S
14' 17'17" E
19.15
L31
N
80'23'38" E
23.24
L32
S
49"17'11 " E
22.67
L33
S
42'42'52" E
13.51
L34
N
81'35'38" E
14.24
L35
N
04'37' 18" E
25.74
L36
N
13'03'04" W
24.88
L37
N
07'52'09" E
39.98
L38
N
38'26'26" E
27.85
L39
N
06'57'31 " E
29.75
L40
N
74'43'42" W
35.83
L41
N
47"16'13" W
19.31
L42
N
44'31'24" W
39.96
L43
N
19'04'37" W
21.16
L44
N
21'03'05" W
43.72
L45
S
00'30'07" W
21.23
L46
S
04'25'54" E
27.40
L47
S
22'31'40" E
42.74
L48
S
29'57'07" E
19.76
L49
S
14'07'02" E
34.20
L50
S
41' 14'58" W
60.09
GARY W. KEYES LAND SURVEYING, P.0
7336 DARDEN ROAD
WILMINGTON, INC 28411
910- 228 -4773
[e-mail]
L51
S
84'25'47"
E
L52
S
8425'47"
E
L53
S
23'02'59"
E
L54
S
03'56'18"
W
L55
S
66'02' 10"
E
L56
S
11'07'37"
W I
L57
S
50'03'24"
E
L58
( N
5327'05"
E 1
L59
I N
49'05'57"
E
L60
N
03'23'28"
W
L61
I N
38'29'58"
E 1
L62
N
75'42'29"
E
L63
S
56'07'51 "
E I
L64
S
23'03'02"
E I
L65
N
79'59'49"
E
L66
S
77'08'51 "
E
L67
S
75'46'15"
E
L68
S
59'46'50"
E
WETLAND 5
L69
N
41'51'44" E
L70
N
83'29'29" E
L71
S
47'48'05" E
L72
S
29'45'04" E
L73
S
22'43'23" E
L74
S
6343'53" E
L75
S
46'56'08" E
L76
S
12'15'0 1 " E
L77
S
32'54' 15" W
L78
N
50'37'00" W
L79
N
15'19'33" W
L80
N
55'22'54" W
L81
N
18'17'41" W
L82
N
68'21'22" W
L83
N
77'11'57" W
L84
N
55'06'01 " W
L85
N
42'34'48" E
STREAM 8
L86
S
40'54'37"
E
L87
S
27'25'00"
E
L88
N
86'47'43"
E
L89
S
66'02'02"
E
L90
S
31'37'02"
E
L91
S
19'32'16"
E
L92
S
34'17'14"
E
L93
S
21'04'48"
E
L94
S
19'52'51 "
E
L95
S
35'55'16"
E
L96
S
28'21'54"
E
L97
N
61'22'05"
E
L98
N
53'24'53"
E
L99
N
7959'31 "
E
L100
S
27"18'12"
E
L101
S
74'05'01 "
E
L102
S
60'46'55"
E
L103
S
65'22'58"
E
L104
N
36'03'18"
E
L105
S
61'16'17"
E
L106
S
38'01'22"
E
L107
S
67'49'34"
E
L108
S
62'57'27"
E
L109
N
84'53'22"
E
L110
S
52'29'12"
E
L1 11
S
84'06'15"
E
6.95 f
9.46 1
9.55
12.61
17.40
20.03
28.33
33.90
36.30
8.74
9.33
7.77
16.31
11.83
19.41
20.70
37.09
10.03 1
36.52
9.81
14.86
13.66
40.48
34.94
23.83
30.84
21.88
13.29
16.14
32.54
13.32
25.18
35.94
31.62
28.02
12.25
14.92
17.76
10.83
25.00
14.36
26.13
24.02
27.20
18.36
14.88
2.98
11.80
7.68
62.64
5.70
16.62
22.93
12.08
13.52
20.11
15.02
8.75
11.74
8.41
15.02
LINE DATA FOR SHEET 8 ONLY
(Vicinity Map Not to Scale)
DURALEIGH RD
CRABTREE CREEK
REPORTED ZONING: COMM
L112
S
89'57'49" W
28.24
L1 13
N
65'23'41 " W
15.69
L114
N
44'49'43" W
31.66
L115
N
00'04'22" W
27.53
L116
N
48'17'44" E
11.55
L117
N
83'59'06" E
26.44
L118
I N
11'37'30" E
49.66
L119
N
34'48'38" W
19.76
L120
I N
25'21'37" E
39.35
L121
S
46'00'29" E 1
38.23
L122
S
48'59'01 " E I
33.65
L123
S
44'0032 E
34.54
L124
S
83'44'10" W'
30.38
L125
S
07'23'44" W I
27.60
L126
S
28'31'51 " E 1
30.69
L127
S
28'54'29" E
21.50
L128
S
63'01'21" W
16.09
L129
S
08'26'06" W 0
34.89
L130
S
84'29'10" W I
16.28
L131 I
N
35'00'26" W 1
31.67
WETLAND 6
L132
S
05'15'00" W
23.34
L133
S
57'52'34" E
30.16
L134
N
76'58'31" E
34.56
L135
N
72'01'25" E
46.69
L136
N
17'02'54" W
24.33
L137
S
85'26'26" W
44.56
L138
N
64'14'09" W
41.44
L139
N
84'51'27" W
55.39
L140
S
58'57'13" E
49.67
ISHEET 9 OF 91
TOWNSHIP HOUSE CREEK
COUNTY WAKE I STATE NC
DATE 12/15/14 I SCALE 1"=200'
WETLAND DELINEATION FOR:
LEHIGH HANSON
CRABTREE QUARRY
5001 DURALEIGH ROAD
RALEIGH, INC 27612
Hanson Crabtree Quarry Expansion - Page 96 of 318

THIS CERTIIFES THAT THIS PLAT N: 763244.139
ACCURATELY DEPICTS THE BOUNDARY LINE BEARING DISTANCE N 28` 13'28" E E: 2085854.013
OF THE JURISDICTION OF SECTION 404 L1 S 51 °43'17" E 23.66 I 732.49- NAD 83 (2011)
OF THE CLEAN WATER ACT AS I L2 S 50'54'40" E 127.17 ! CONIC MONUMENT
DETERMINED BY TH ! L3 I S 4 ° 1 11
E UNDERSIGNED ON It 08 08 E 57.73 I /
THIS DATE. UNLESS THERE IS A L4 S 01'37'56" W 40.47 J /
CHANGE IN THE LAW OR OUR ! L5 N 48 °06'41" W 47.10 ! ��
PUBLISHED REGULATIONS, THE L6 N 44 °47'42" W 80.00 ! ECM/
DETERMINATION OF SECTION 404 ! L7 N 48'23'20" W 108.80 !
JURISDICTION MAY BE RELIED UPON FOR
A PERIOD NOT TO EXCEED FIVE (5) /p�
YEARS FROM THIS DATE. THE �� CPP�<"\
UNDERSIGNED COMPLETED THIS
DETERMINATION UTILIZING THE
APPROPRIATE REGIONAL SUPPLEMENT
TO THE 1987 ARMY CORPS OF C
ENGINEERS WETLANDS DELINEATION / ��, '6 ��CP\
MANUAL.
REGULATORY OFFICIAL:
TITLE:
DATE:
USACE ACTION ID NO: �O
CRABTREE CREEK
P�
/ECM 0.145 ACRES 00
LEGEND: J�
EIP = EXISTING IRON PIPE
ECM = EXISTING CONCRETE MONUMENT Q
ERB = EXISTING REBAR
CP = CALCULATED POINT'
/ N F
DAVID TUNG
i' DB 2204 PG 48
L 1018.73' m
R 1044.28'
L= 55 °53' 40"
CH BRIG N17 °24'19 "E
CH LEN 978.82'
N /F
LEHIGH HANSON
I DB 15551, PG 1953
EIP
PLOTTED FROM PARTIAL SURVEY, DB 2204, PG 48
I DURALEIGH ROAD R/W IN BOM 2001, PP 1952FF
BOM 1963, PG 202 AND BOM 1991, PG 302 00
06
Ln N F
ECM LAUREL HILLS WEST
SECTION 4
SEE BOM 1963 PG 202
(DI
N 13° 12'37" W
o� 297.64
f of
,'.1►�E,SS - 1 o
m I — N 88° 13'05 W 779.25 ECM
NC4 COVINGTON, LLC N/F
%� E CD SEE BOM 1963 PG 202 \LAUREL BROOOK
0111111100 -P PHASE 4
o) I SEE BOM 1991\2
AREA BY COORDINATE METHOD
\1 N: 760110.669 !
1 I E: 2084806.841
200 100 0 200 400 NAD 83 (2011)
CONIC MONUMENT (SHEET 1 OF 1I
GRAPHIC SCALE
GARY W. KEYES LAND SURVEYING, P.C.
7336 DARDEN ROAD
WILMINGTON, NC 28411
910- 228 -4773
keyessurveying ©gmail.com
THIS IS NOT A BOUNDARY SURVEY. THIS SURVEY IS OF AN
EXISTING FEATURE (WETLANDS AND STREAMS AS DELINEATED BY
OTHERS). PARTIAL FIELD SURVEY FOR THIS MAP WAS
CONDUCTED USING CONVENTIONAL EDM METHODS AND GPS.
THIS PROJECT REMAINS ON GRID FOR EASE OF GPS
REPRODUCTION /RECONNAISANCE. ALL DISTANCES SHOWN AS
GRID US FT. BEARINGS SHOWN AS GRID. GRID SYSTEM UTILIZED
IS NAD 83(2011). COMBINED FACTOR FOR GROUND CONVERSION
ON THIS PROJECT IS 1.00006897. NAD 83(2011)
BASED /ESTABLISHED COORDINATES BY THIS OFFICE FOR BASE
POINTS ARE EXISTING CONCRETE MONUMENTS ON DURALEIGH
ROAD RIGHT —OF —WAY AS SHOWN HEREON AND AS LOCATED BY
NC VRS NETWORK WITH REDUNDANT OBSERVATIONS VERIFYING
0.10 FT. CONFIDENCE LEVEL. CLOSURE AS CALCULATED BY
LATITUDES AND DEPARTURES IS 1:12,000 +.
(Vicinity Map Not to Scale)
ale
DURALEIGH RD
SIT
CRABTREE CREEK
REPORTEDZONING: R -4
TOWNSHIP HOUSE CREEK
COUNTY WAKE
0
N
M
00
0
Q
z
Of
0
z
0
c�
STATE NC
DATE 12/15/14 SCALE 1 " =200'
WETLAND DELINEATION FOR:
LEHIGH HANSON
CRABTREE QUARRY
5001 DURALEIGH ROAD
RALEIGH, NC 27612
Hanson Crabtree Quarry Expansion - Page 97 of 318

N 20 °06'47" E N: 763244.139 THIS CERTIIFES THAT THIS PLAT
418.50 E: 2085854.013 f ACCURATELY DEPICTS THE BOUNDARY
OF THE JURISDICTION OF SECTION 404
NAD 83 2011) OF THE CLEAN WATER ACT AS
L 324.33 / DETERMINED BY THE UNDERSIGNED ON
R 1404.74 , >d CP THIS DATE. UNLESS THERE IS A
-13 °13'43" , l 48 °53 34' E PT CHANGE IN THE LAW OR OUR
5.47 'I PUBLISHED REGULATIONS, THE
CH BRG S 38 °44'17" W / ii DETERMINATION OF SECTION 404
CH LEN 323.61 �� ! JURISDICTION MAY BE RELIED UPON FOR
AA PERIOD NOT TO EXCEED FIVE (5)
-k" �02 YEARS FROM THIS DATE. THE
X 23�� UNDERSIGNED COMPLETED THIS
DETERMINATION UTILIZING THE
CP APPROPRIATE REGIONAL SUPPLEMENT
TO THE 1987 ARMY CORPS OF
LEHIGHNHANSON �® OAK PARK' ENGINEERS WETLANDS DELINEATION
/���� DB 15551, PG 1953 SECTIONS 5 AND 6 MANUAL.
SEE BOM 1969 PG 68
\ BOM 1970 PG 115 REGULATORY OFFICIAL:
ECM
N: 762055.151 �J� STREAM 9 ti
E: 2084957.281 \� / �/ (3FT WIDE) ® TITLE.
NAD 83 (2011) 0.003 ACRES DATE:
7 5^ USACE ACTION ID NO:
S"14 CP O
CRABTREE CREEK
� C <�Q 1.33 ACRES PLOTTED FROM PARTIAL
SURVEY, DURALEIGH RD R/W
IN BOM 2001, PP 1952FF,
182.84
175.03
153.14
164.38
42.59
51.26
155.96
62.11 E
13.08 j
28.98
161.60
46.24
154.49
231.09
4.32
135.45
27.40 I
52.70 I
126.68
33.73
15.56
18.37
21.32 I
11.65
29.94 I
20.71
17.69 I
18.74
GARY W. KEYES LAND SURVEYING, P.C.
7336 DARDEN ROAD
WILMINGTON, NC 28411
910- 228 -4773
[e-mail]
THIS IS NOT A BOUNDARY SURVEY. THIS SURVEY IS OF AN
EXISTING FEATURE (WETLANDS AND STREAMS AS DELINEATED BY
OTHERS). PARTIAL FIELD SURVEY FOR THIS MAP WAS
CONDUCTED USING CONVENTIONAL EDM METHODS AND GPS.
THIS PROJECT REMAINS ON GRID FOR EASE OF GPS
REPRODUCTION /RECONNAISANCE. ALL DISTANCES SHOWN AS
GRID US FT. BEARINGS SHOWN AS GRID. GRID SYSTEM UTILIZED
IS NAD 83(2011). COMBINED FACTOR FOR GROUND CONVERSION
ON THIS PROJECT IS 1.00006897. NAD 83(2011)
BASED /ESTABLISHED COORDINATES BY THIS OFFICE FOR BASE
POINTS ARE EXISTING CONCRETE MONUMENTS ON DURALEIGH
ROAD RIGHT -OF -WAY AS SHOWN HEREON AND AS LOCATED BY
NC VRS NETWORK WITH REDUNDANT OBSERVATIONS VERIFYING
0.10 FT. CONFIDENCE LEVEL. CLOSURE AS CALCULATED BY
LATITUDES AND DEPARTURES IS 1:12,000 +.
-W3--A
W3 -13 W3 -I I
W3 -c W3 -H
W3 -0
I W3 -G I
I
W2 -F I
W3 -E
WETLAND 3
FLAG NUMBERS
DETAIL
scP A
I
O,
�'N\
�O
BOM 1969, PG 68 AND BUM
1970, PG 115
WETLAND 3
0.023 ACRES N/F
OAK PARK
L38 L39 SECTIONS 5 AND 6
L37 L40 ® SEE BOM 1969 PG 68
<� L3 L41 BOM 1970 PG 115
L42
L43
NON - JURISDICTIONAL
\ \'// <' 9 CONNECTION
LEGEND:
EIP = EXISTING IRON PIPE
�C CP
DISTANCE I
\� <1
520.62
223.15
\ C
�Q 9
32.18
23.66
/
127.17
57.73
(
LINE
BEARING
/ I
L1
S
83'26'31 " E
/
L2
N
74'27'08" E
CtCM (
L3
N
12'45'00" E
241.17 I
L4
S
51'43'17" E
L5
S
50'54'40" E
L6
S
44'08'08" E
L7
S
44'08'08" E
L8
S
35' 13'18" E
L9
S
21' 18'53" E
I
L10
S
09'14'53" E
I
L11
S
26'41'02" E
L12
S
44'36'27" E
L13
S
54'03' 10" E
L14
S
55'54'51 " E
L15
N
08'36'45" W
L16
N
59-15'42" W
L17
N
56'53'16" W
L18
N
53 °29'23" W
L19
N
46'20'14" W
L20
N
47'07'47" W
L21
N
29'49'48" W
L22
N
20'31'46" W
L23
N
22' 18'17" W
L24
N
00'25'30" E
L25
N
36'01'41" E
L26
N
28'04'10" W
L27
N
39'02'09" W
L28
N
34 °21'17" W
L29
N
44'13'42" W
L30
N
54'43'49" W
L31
N
54'43'49" W
1-32
S
45'21'09" W
L33
N
42'40' 14" E
L34
N
45'21'09" E
L35
N
42'52'13" E
L36
N
16'31'07" E
L37
N
01 °07'23" E
L38
N
30 °16'46" E
L39
S
10'06'23" E
L40
S
02'14'29" W
L41
S
11'12'50" W
L42
S
18'12'53" W
L43
S
57'09'59" W
182.84
175.03
153.14
164.38
42.59
51.26
155.96
62.11 E
13.08 j
28.98
161.60
46.24
154.49
231.09
4.32
135.45
27.40 I
52.70 I
126.68
33.73
15.56
18.37
21.32 I
11.65
29.94 I
20.71
17.69 I
18.74
GARY W. KEYES LAND SURVEYING, P.C.
7336 DARDEN ROAD
WILMINGTON, NC 28411
910- 228 -4773
[e-mail]
THIS IS NOT A BOUNDARY SURVEY. THIS SURVEY IS OF AN
EXISTING FEATURE (WETLANDS AND STREAMS AS DELINEATED BY
OTHERS). PARTIAL FIELD SURVEY FOR THIS MAP WAS
CONDUCTED USING CONVENTIONAL EDM METHODS AND GPS.
THIS PROJECT REMAINS ON GRID FOR EASE OF GPS
REPRODUCTION /RECONNAISANCE. ALL DISTANCES SHOWN AS
GRID US FT. BEARINGS SHOWN AS GRID. GRID SYSTEM UTILIZED
IS NAD 83(2011). COMBINED FACTOR FOR GROUND CONVERSION
ON THIS PROJECT IS 1.00006897. NAD 83(2011)
BASED /ESTABLISHED COORDINATES BY THIS OFFICE FOR BASE
POINTS ARE EXISTING CONCRETE MONUMENTS ON DURALEIGH
ROAD RIGHT -OF -WAY AS SHOWN HEREON AND AS LOCATED BY
NC VRS NETWORK WITH REDUNDANT OBSERVATIONS VERIFYING
0.10 FT. CONFIDENCE LEVEL. CLOSURE AS CALCULATED BY
LATITUDES AND DEPARTURES IS 1:12,000 +.
-W3--A
W3 -13 W3 -I I
W3 -c W3 -H
W3 -0
I W3 -G I
I
W2 -F I
W3 -E
WETLAND 3
FLAG NUMBERS
DETAIL
scP A
I
O,
�'N\
�O
BOM 1969, PG 68 AND BUM
1970, PG 115
WETLAND 3
0.023 ACRES N/F
OAK PARK
L38 L39 SECTIONS 5 AND 6
L37 L40 ® SEE BOM 1969 PG 68
<� L3 L41 BOM 1970 PG 115
L42
L43
NON - JURISDICTIONAL
\ \'// <' 9 CONNECTION
LEGEND:
EIP = EXISTING IRON PIPE
�C CP
DISTANCE I
\� <1
520.62
223.15
\ C
�Q 9
32.18
23.66
127.17
57.73
209.24 I
}CP
149.43
<�
'
150.05
i0
113.12
195.05
173.83
i
356.58
i
241.17 I
62.93
182.84
175.03
153.14
164.38
42.59
51.26
155.96
62.11 E
13.08 j
28.98
161.60
46.24
154.49
231.09
4.32
135.45
27.40 I
52.70 I
126.68
33.73
15.56
18.37
21.32 I
11.65
29.94 I
20.71
17.69 I
18.74
GARY W. KEYES LAND SURVEYING, P.C.
7336 DARDEN ROAD
WILMINGTON, NC 28411
910- 228 -4773
[e-mail]
THIS IS NOT A BOUNDARY SURVEY. THIS SURVEY IS OF AN
EXISTING FEATURE (WETLANDS AND STREAMS AS DELINEATED BY
OTHERS). PARTIAL FIELD SURVEY FOR THIS MAP WAS
CONDUCTED USING CONVENTIONAL EDM METHODS AND GPS.
THIS PROJECT REMAINS ON GRID FOR EASE OF GPS
REPRODUCTION /RECONNAISANCE. ALL DISTANCES SHOWN AS
GRID US FT. BEARINGS SHOWN AS GRID. GRID SYSTEM UTILIZED
IS NAD 83(2011). COMBINED FACTOR FOR GROUND CONVERSION
ON THIS PROJECT IS 1.00006897. NAD 83(2011)
BASED /ESTABLISHED COORDINATES BY THIS OFFICE FOR BASE
POINTS ARE EXISTING CONCRETE MONUMENTS ON DURALEIGH
ROAD RIGHT -OF -WAY AS SHOWN HEREON AND AS LOCATED BY
NC VRS NETWORK WITH REDUNDANT OBSERVATIONS VERIFYING
0.10 FT. CONFIDENCE LEVEL. CLOSURE AS CALCULATED BY
LATITUDES AND DEPARTURES IS 1:12,000 +.
-W3--A
W3 -13 W3 -I I
W3 -c W3 -H
W3 -0
I W3 -G I
I
W2 -F I
W3 -E
WETLAND 3
FLAG NUMBERS
DETAIL
scP A
I
O,
�'N\
�O
BOM 1969, PG 68 AND BUM
1970, PG 115
WETLAND 3
0.023 ACRES N/F
OAK PARK
L38 L39 SECTIONS 5 AND 6
L37 L40 ® SEE BOM 1969 PG 68
<� L3 L41 BOM 1970 PG 115
L42
L43
NON - JURISDICTIONAL
\ \'// <' 9 CONNECTION
LEGEND:
EIP = EXISTING IRON PIPE
ECM = EXISTING CONCRETE MONUMENT
\ `�� CA�
ERB = EXISTING REBAR
CP = CALCULATED POINT
�Q 9
AREA BY COORDINATE METHOD
200 100 0 200 400
GRAPHIC SCALE
(Vicinity Map Not to Scale)
00
O
DURALEIGH RD
SITE
CRABTREE CREEK
REPORTEDZONING: R -4
SEAS
'A
SHEET 1 OF 1
TOWNSHIP HOUSE CREEK
COUNTY WAKE
DATE
12/15/14
I0
ERB
r
a� 0
N
M
00
0
Q
z
o'
0
z
0
STATE NC
SCALE 1"=200'
WETLAND DELINEATION FOR:
LEHIGH HANSON
CRABTREE QUARRY
5001 DURALEIGH ROAD
RALEIGH, NC 27612
Hanson Crabtree Quarry Expansion - Page 98 of 318

IMPACT
MAPS
Hanson Crabtree Quarry Expansion - Page 99 of 318

%`•, ✓rte
I. LIZ a ve �s /e e 1.1 ✓. i.. (w. /rte.
IMPACT EXHIBIT
3
PROPOSED STREAM ,
RELOCATION ( PHASE 2)
MINE EXPANSION r
DURING PHASE 2/
r
IMPACT
EXHIBIT 4
I �jllll "p \•��l\ \�\
e
fEXISTING PIT
EXISTING' PROCESSING PLANT
QTRFAAAC ^\
PROPERTY
50' UNDISTURBED®
BUFFER
50' UNEXCAVATED
BUFFER
r, A
CRABTREE CREEK
0
NORTHERN
r
BOUNDARY BERM _
(PHASE 1)
FUTURE �-
/ STOCKPILE AREA
MINE EXPANSION
DURING PHASE 1
IMPACTS WETLANDS
PHASE 1 0.04 AC
'PHASE 2 0.0 AC
TOTAL 0.04 AC
A I ` ! TEMPORARY IMPACTS
HANSON CRABTREE QUARRY EXPANSION - OVERALL IMPACT EXHIBIT
HANSON CRABTREE QUARRY STREAM RELOCATION
RALEIGH, NC
h'i
I J
MAIN QUARRY
!ENTRANCE
QUARRY OFFICE
1011 Ink
/Ilf
--- DURALEIGH ROAD
STREAM VA
0.33AC/1 1 26LF
0.25AC/1190LF
0.58AC/2316LF
0.06AC /207LF
SCALE: 1 " = 500'
PROJECT: R14126N -01 G
a Draper Aden Associates DESIGNED APM IMPACT
Engineering • Surveying • Environmental Services DRAWN APM
46 W. Washington Street Blacksburg, VA CHECKED CTC J R EXHIBIT
Coats, NC 27521 Firm # C -0861 Richmond, VA Charlottesville,
DATE 65
Charlottesville, VA 1
910 - 897 -7070 Fax: 910 - 897 -6767 Hampton Roads, VA
Hanson Crabtree Quarry Expansion - Page 100 of 318

TOE OF NORTHERN
BOUNDARY BERM
50' UNDISTURBED
BUFFER/ r '
PROPERTY LINE
TOE OF NORTHERN
BOUNDARY BERM
TOP OF NORTHERN AVATED
/rhi 50' UNEXC
BOUNDARY BERM / q BUFFER, I
S2 IMPACT (PHASE 2) /
0.01 ACRES
18 LF
TEMPORARY IMPACTS j
,HEADWALL INSTALLATION
60" PIPE /
r/ W1 IMPACT (PHASE 1)
r ' / � //
T PLUNGE POOL AT PIPE � � / / / 0.03 ACRES /
AND DITCH OUTFALL:— LIMITS OF (PHASE /PERMANENT FILL
�1) PIT BOUNDARY / IMPACTS %
FUTURE STOCKPILE
AREA
TOE OF NORTHERN
BOUNDARY BERM
%W2 IMPACT (PHASE 1)
ACRES
PERMANENT FILL
IMPACTS
PHASE IMPACT
S1 1 rrr
( ) � �
0.24 ACRES
// �j/ / 11 lIli�lililllHl lC, , 707
ERMANENT FILL IMPACTS
P
M (PHASE 1
�_ l a
0
l '' lllipllilillll //� I //� cn' c�—
I ~02ACRES) fl a,e�\
< ��� 1 . 73 LF �� / /''���
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l� TEMPORARY IMPACTS FROM
I /llllll�ll�l l
ll _ RESHAPING
- <<L
I
/ lll�ll /lil�lll
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TEMP. STREAM IMPACT
((�
;ll
l 11 I
\ �i JIIII
N
S1 -S3 AND W1 -W2 IMPACT (PHASE 1) SCALE: 1 " - 100'
HANSON CRABTREE QUARRY STREAM RELOCATION
Z
RALEIGH, NC PROJECT: R14126N -01 G
N •
DESIGNED APM
Z Draper Aden Associates IMPACT
Z-6
a �� Engineering •Surveying Environmental Services DRAWN APM
o Blacksburg, VA CHECKED CTC J R
46 W. Washington Street EXHIBIT
Coats, NC 27521 Firm # C -0861 Richmond, VA Charlottesville,
DATE 65
Charlottesville, VA 2
910 - 897 -7070 Fax: 910 - 897 -6767 Hampton Roads, VA
CL
•
Hanson Crabtree Quarry Expansion - Page 101 of 318

,J
STREAM IMPACT
y
TLAND IMPACT \ ��— PROPERTY
WE
LINE
50' UNDISTURBED
BUFFERS
OE OF NORTHERN
50' UNEXCAVATED BOUNDARY BERM
�t l�l(l!� ` \ \ \ BUFFER
/
i r /
\IMPACT S4 (PHASE 1) — /
TOP OF NORTHERN
0,09 ACRES BOUNDARY BERM /
419 LF
PERMANENT FILL IMPACTS
36" PIPE
X X
\ \ \\ < (1 \ \ // PLUNGE POOL AT PIPE
AND DITCH OUTFACE
I I I V vVA , v 3//
I I V'1��vv TOE OF NORTHERN
s I I I 1 Ill`` BOUNDARY BER
T I I I l l 3:1 SIDE SLOPE 2' WIDE
`y
j I I I it 11'� TRAPEZOIDAL RIP RAP LINED
3 I I I I I I I \ DITCH ALONG TOP OF SLOPE
rff /f
---
Z
"
S4 IMPACT (PHASE 1) SCALE. 1 100, ,
HANSON CRABTREE QUARRY STREAM RELOCATION PROJECT: R14126N -01 G
a _
U
RALEIGH, NC
N DESIGNED APM IMPACT
" a Draper Aden Associates DRAWN APM EXHIBIT ,
N . Environmental Services
f� Engineering Surveying CHECKED CTC JR 3
Blacksburg, VA
46 W. Washington Street Richmond, VA DATE 6.12.15
$ Charlottesville, VA
Coats, NC 27521 Firm # C -0861 Hampton Roads, VA
R 910 -897 -7070 Fax: [phone] Hanson Crabtree Quarry Expansion - Page 102 of 318
R.

I I I 11\ Vo\\
\ 1
I I
II 1 1 50' UNDISTURBED
(BUFFER
�I JAI ►i�;;;l�il
I 1 1 1 1 1
I I I I I
50' UNEXCAVATED
\\ BUFFER
LIMITS OF \
(IIIPHASE 2 PIT \
BOUNDARY( \
li II PROPOSED �\
N I RELOCATED
I I I STREAM I \�
` III
3 / TEMP. STREAM / IMPACT
IL
PERM. STREAM IMPACT
z / 111 i ii l�lllil�;'
N ' WETLAND IMPACT
PLUNGE POOL AT PIPE
AND DITCH OUTFALL
TOE OF NORTHERN
BOUNDARY BERM'
3:1 SIDE SLOPE 2 WIDE '
TRAPEZOIDAL RIP RAP LINED
DITCH ALONG TOP OF SLOPE
I I / / 11 / 11 /ll!llll�lll�l l
i � 1
S5 IMPACT (PHASE 2) I l�gi�hll���,
0.02 ACRES /ll�i�il�ihl�i, %I
137 LF
II — PERMANENT EXCAVATION
l /1�lj,ljlljll�lllllL,/ 1
IMPACTS I I 11 j jlll „l�lll, //� I
I III�IIIi�I��
\
/,LIMITS OF (PHASE
/ / /'l) PIT BOUNDARY
I/ 1 (S6 IMPACT PHASE 2) l
,0 ' 10 ACRES -
/ 53 LF
PERMANENT EXCAVATION
IMPACTS v-
' ';� %%
S7 IMPACT (PHASE 2) \�
0.13 ACRES
510 LF
PERMANENT EXCAVATION
i IMPACTS
S8 IMPACT (PHASE 2)
0.03 ACRES
116 LF
TEMPORARY IMPACTS FROM
RESHAPING _ =-
/
S5 -S8 IMPACTS (PHASE 2) SCALE: 1” = 1001
HANSON CRABTREE QUARRY STREAM RELOCATION
RALEIGH, NC
a Draper Aden Associates
Engineering • Surveying • Environmental Services
46 W. Washington Street Blacksburg, VA
Coats, NC 27521 Firm # C -0861 Richmond, VA
Charlottesville, VA
910 - 897 -7070 Fax: 910 - 897 -6767 Hampton Roads, VA
PROJECT: R14126N -01 G
DESIGNED APM IMPACT
DRAWN APM EXHIBIT
CHECKED CTCJR
DATE 6.12.15 4
Hanson Crabtree Quarry Expansion - Page 103 of 318

CONCEPTUAL
STREAM
RELOCATION
PLAN
Hanson Crabtree Quarry Expansion - Page 104 of 318

CONCEPTUAL STREAM RELOCATION PLAN FOR
Hanson Crabtree Quarry
Expansion Project
Wake County, North Carolina
Hanson Aggregates Southeast, LLC
2101 Gateway Centre Blvd., Suite 100
Morrisville, NC 27560
S &EC Project No. 11282
July 2015
�-/ 11
Patrick K. Smith, P,E
`\ \ \llIIII /,,
0 sS/o
- SEAL .
025525
L 1- 2y.20J -* -
�-y
C1C K.
N.C. License No. 25525 Off l O
Firm License No. C -2141
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 144, Raleigh, NC 37615 - Phone: [phone] - Fax: [phone](37
sandec.coin
Hanson Crabtree Quarry Expansion - Page 105 of 318

TABLE OF CONTENTS
1.0 INTRODUCTION ............................................................................. ............................... 5
1.1 Report Summary ........................................................................ ..............................5
1.2 Project Location ........................................................................ ...............................
5
1.3 Project Description .................................................................... ...............................
5
1.4 Project Objectives ..................................................................... ...............................
7
2.0 WATERSHED & STREAM ANALYSES .............................................. ...............................
8
2.1 Watershed Characteristics ........................................................ ...............................
8
2.1.1 General Description ........................................................... ...............................
8
2.1.2 Surface Waters ................................................................... ...............................
9
2.1.3 Land Use ............................................................................. ...............................
9
2.1.4 Previous Site Evaluations ................................................... ...............................
9
2.2 Existing Stream /Reference Reach Condition .......................... ...............................
10
2.2.1 General Description ......................................................... ...............................
10
2.2.2 Reference Reach Data Collection ..................................... ...............................
10
2.2.3 Reference Reach Morphology ......................................... ...............................
11
2.2.4 Stream Classification ........................................................ ...............................
12
2.3 Regional Curve Verification ..................................................... ...............................
13
2.4 Preliminary Channel Design .................................................... ...............................
13
3.0 PROJECTAPPROACH ................................................................... ...............................
14
3.1 Quarry Expansion Operation ................................................... ...............................
14
3.2 Stream Relocation Concept .................................................... ...............................
14
2
Hanson Crabtree Quarry Expansion - Page 106 of 318

3.3 Natural Channel Design .......................................................... ............................... 15
3.3.1 Channel Dimensions ......................................................... ............................... 15
3.3.2 Channel Pattern ............................................................... ............................... 16
3.3.3 Channel Profile ................................................................. ............................... 16
3.4 Sediment Transport Analysis .................................................. ............................... 17
3.5 In- channel Structures .............................................................. ............................... 17
3.6 Bank Stabilization & Planting .................................................. ............................... 18
4.0 CONSTRUCTION OPERATIONS .................................................... ............................... 20
4.1 Erosion & Sediment Control ................................................... ............................... 20
4.2 Future Site Maintenance ........................................................ ............................... 20
5.0 LIMITATIONS ............................................................................... ............................... 21
3
Hanson Crabtree Quarry Expansion - Page 107 of 318

LIST OF FIGURES
FIGURE 1
Vicinity Map
FIGURE 2
Topographic Map
FIGURE 3
Soil Survey Map
FIGURE 4
Aerial Photo Map
FIGURE 5
Existing Conditions
FIGURE 6.1
Proposed Conditions — Phase 1
FIGURE 6.2
Proposed Conditions — Phase 2
FIGURE 7
Proposed Relocated Stream Alignment
FIGURE 8
Typical Bench Configuration
FIGURE 9
Typical Riffle Cross - section
FIGURE 10
Typical Pool Cross - section
FIGURE 11
Proposed Relocated Stream Profile I
FIGURE 12
Proposed Relocated Stream Profile II
FIGURE 13
Typical Structure Details I
FIGURE 14
Typical Structure Details II
FIGURE 15
Typical Bank Stabilization Details
FIGURE 16
Typical Planting Details
LIST OF APPENDICES
APPENDIX A Site Photographs
APPENDIX B Wetland Delineation Survey Map
4
Hanson Crabtree Quarry Expansion - Page 108 of 318

1.0 INTRODUCTION
Soil & Environmental Consultants, PA (S &EC) has been engaged by Hanson Aggregates
Southeast, LLC (Hanson) to develop a conceptual plan for the relocation of a stream channel
which will be impacted by the proposed pit expansion at their Crabtree Quarry (Quarry) in
Raleigh, NC.
1.1 Report Summary
This report serves as an addendum to the Individual Permit application being prepared by S &EC
for Hanson and presents the stream relocation project objectives and describes the design
rationale for our Conceptual Stream Relocation Plan. The relocation will be performed through
the construction of an appropriately sized stream in a location adjacent to the proposed quarry
pit expansion area using widely recognized natural channel design methodologies. Where and
when necessary in the future, maintenance and repair plans for the relocated stream will be
developed and implemented.
1.2 Project Location
The project site is located immediately west of Duraleigh Road and north of Crabtree Creek in
northwest Raleigh, NC. See Figure 1 (Vicinity Map) for further detail on the site location. The
project site and general site conditions are shown on Figure 2 (Topographic Map), Figure 3 (Soil
Survey Map), and Figure 4 (Aerial Photo Map).
1.3 Project Description
Hanson Aggregates Southeast, LLC proposes to expand their existing quarry operations at the
Crabtree Quarry in a generally north and northwest direction to include an additional 19.4 acres
( + / -) of pit footprint. The proposed pit expansion will impact three jurisdictional stream
channels on the property including Streams 1, 4 and 10 as well a small amount of riparian
wetland. See Figure S (Existing Conditions) for the proposed pit expansion boundary and the
location of existing streams, wetlands and other pertinent site features.
As part of a formal "Settlement Agreement" (dated February 4, 2014) between the City of
Raleigh and Hanson, the construction of the Northern Boundary Berm (the "berm ") along the
northern portion of the quarry property is required. The primary purpose of the berm is to
"mitigate the potential impacts of the Crabtree Quarry on surrounding areas ". These impacts
include, but are not limited to noise, safety, and visual barrier. The berm is also needed for
overburden storage. Based on the proposed alignment and extent of the berm, two stream
channels (Streams 1 and 4) will be partially impacted by its construction. Select riparian
wetland areas located along Stream 1 will also be impacted by the construction of the berm.
The Operation Plan provided in the Settlement Agreement called for the piping of the streams
around the pit expansion area. Initial comments from the U.S. Fish & Wildlife Service (FWS),
Hanson Crabtree Quarry Expansion - Page 109 of 318

the U.S. Army Corps of Engineers (USACE), and the N.C. Division of Water Resources (DWR)
requested that, to the greatest extent practicable, relocated streams be left as open channels.
In light of this the current plan calls for the installation of approximately 1,000 feet of pipe
(combined length), to collect and convey the stream flows from the north side of the berm to
the south side of the berm. The design of the berm and the pipe are being prepared by Draper
Aden Associates (DAA) of Coats, NC. Preliminary design calls for the use of a 60 -inch pipe
(approximately 530 feet in length) to convey stream discharges from the eastern stream
(Stream 1) in a generally southwesterly direction under the berm where it will discharge into
the remaining downstream portion of Stream 1. The design also calls for the use of a 36 -inch
diameter pipe (approximately 485 feet in length) to convey the western stream (Stream 4)
under the berm and generally southeasterly direction where it will discharge to a surface swale
near the downstream toe of the berm. This swale (approximately 200 feet in length) will serve
to convey discharges from the 36 -inch pipe generally eastward to the vicinity of the outfall of
the proposed 60 -inch pipe (along Stream 1) described above.
As flows from Stream 1 and Stream 4 are redirected into the proposed pipes the portions of
both these streams within the berm footprint will be impacted by the placement of fill. The
remaining portion of Stream 4 (approximately 550 feet in length) will be impacted by
excavation associated with the quarry expansion. Following the construction of berm, pipes,
and surface swale the combined stream flows will discharge into the existing downstream
channel (Stream 1) for an indeterminate period of time while the pit is expanded. See Figure
6.1 (Proposed Conditions — Phase 1).
The remaining portion of Stream 1 (approximately 500 feet in length) and its adjacent
remaining wooded setback, located within the proposed pit expansion limits will remain un-
impacted as pit expansion operations proceed and while the proposed bypass bench and
relocated stream channel are constructed. The remaining stream segment will stay in place
until such time that pit expansion operations necessitate its removal. At that time the stream
will be bypassed around the north and west sides of the pit area within the proposed relocated
channel. The relocation reach, consisting of approximately 950 linear feet of stream channel
will be constructed within a linear bench which will be located adjacent to and along the north
and west edges of the pit expansion area.
The relocated stream will serve to convey stream discharges and bypass them around the pit
starting at a point approximately 75 feet downstream of the 60 -inch pipe outfall (described
above) to a point immediately downstream of the southern extent of the pit expansion area.
The stream reaches immediately upstream and downstream of the proposed bypass (a
combined length of approximately 180 feet) will be repaired and stabilized as necessary as part
of the overall stream relocation project to allow for an appropriate transition to and from the
relocated stream segment. See Figure 6.2 (Proposed Conditions — Phase 2), Figure 7 (Proposed
Relocated Stream Alignment), and Figure 8 (Typical Bench Configuration) for further details.
M
Hanson Crabtree Quarry Expansion - Page 110 of 318

The relocated stream channel, and the two repair and stabilization reaches will be constructed
to provide the natural stream form and function while at the same time provide for the bypass
of stream discharges around the new pit expansion area. Once the construction of the stream
bypass is complete the stream will be diverted into the relocated channel and the remaining
segment of Stream 1 within the pit expansion footprint will be permanently impacted by
excavation associated with the quarry expansion. The specific timeline for this work is
unknown at this time and will depend on quarry operations. Details regarding the proposed
stream relocation are provided later in this report. Further details regarding the berm, the
proposed pipes and surface swale, and the proposed pit expansion are provided elsewhere in
the permit application.
1.4 Project Objectives
This relocation plan utilizes Rosgen -based natural channel design methodologies in
conjunction with the use of an on -site reference stream reach to accomplish the following
objectives:
1. Construct a relocated stream channel with the appropriate morphological
characteristics (cross - sectional dimension, pattern, and longitudinal profile) that
is stable and self- maintaining, and will not aggrade or degrade over time.
2. Create and /or improve bed form diversity (riffles, runs, pools, and glides) within
the relocated channel to promote sediment transport and provide habitat for
fish, amphibian, and benthic species.
3. Provide aquatic and benthic macroinvertebrate habitat through the introduction
of transplanted bed material from the impacted stream segment along with the
introduction of woody debris into the channel bed and banks.
4. Create a local bankfull floodplain within the constructed bench that is accessible
at the proposed bankfull channel elevation.
5. Ensure channel and stream bank stabilization by integrating in- stream boulder
and log structures, and native vegetation.
6. Provide for both understory and low- height canopy species which will provide
forage, cover, and nesting habitat for a variety of mammals, reptiles, and avian
species.
It is our intent to ensure that our Client's goals, as well as those of the Agencies, are
incorporated into the planning process and that all necessary permitting conditions relative
to the proposed stream location are met.
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2.0 WATERSHED & STREAM ANALYSES
The purpose of this section is to summarize our preliminary evaluation of the portion of
Stream 1 which is proposed for relocation, its contributing watershed, as well as our
preliminary Reference Reach evaluation.
2.1 Watershed Characteristics
In its current state the watershed that will eventually contribute to the proposed bypass
channel consists of two primary drainage features including Stream 1 to the east and
Stream 4 to the west. These two streams currently confluence at a point that is in the
rough center of the proposed pit expansion area. In order for the desired pit expansion to
occur these streams will be combined at a point upstream of the pit expansion area and
then diverted around the new pit in phases as described above.
The construction of the berm, the pipes, the surface bypass swale, and the combination of
drainage from these two features complicates the comparison of pre- vs post- diversion
watershed areas. It is for this reason that we have simplified our analyses to focus, to a
large extent on the "Reference Reach" used in our preliminary stream relocation design,
and the watershed contributing to the relocated stream (following the construction of the
berm). For the purpose of our discussion the terms "existing stream" and "reference reach"
are interchangeable as they refer to the same stream segment along Stream 1 as it
currently exists on the quarry site. The Reference Reach will be permanently impacted by
the berm construction.
2.1.1 General Description
The watershed contributing to the relocation reach is generally bounded by
Duraleigh Road to the northeast, Delta Lake Drive to the north, and Poyner Road
to the northwest. Following the construction of the berm an estimated
combined drainage area of approximately 67 acres (0.105 square miles) will
contribute runoff to the upstream end of the proposed pipes. This area, in
combination with an estimated additional 6.0 acres (0.009 square miles) draining
from adjacent (upslope) areas and the bypass bench, provides for a combined
drainage area of approximately 73 acres (0.114 square miles) which will drain to
the relocated channel at its most downstream extent.
Topography within the contributing watershed is characterized as gently rolling
to steep or hilly terrain with side slopes which are generally steep to moderately
steep. Over a straight -line distance of approximately 2,000 feet the land surface
elevations drops over 100 feet vertically from an elevation of roughly 410.00 feet
near Delta Lake Drive (in the north) to an elevation of roughly 300.00 feet near
the upstream end of the proposed pipe 60 -inch pipe which conveys Stream 1
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discharges under the proposed berm. Stream 4 sits significantly higher in the
landscape, having an elevation of roughly 330.00 feet near the upstream end of
the proposed 36 -inch pipe (that conveys Stream 4 under the berm).
2.1.2 Surface Waters
The site is located within the Neuse River Basin, USGS Hydrologic Unit
0302020108. All of these streams (including Stream 1 which is proposed for
relocation) are unnamed tributaries to Crabtree Creek. Based on a review of
USGS topographic mapping, the stream reach proposed for relocation is a
second order stream forming approximately 3,500 feet to the north and flows
generally southward to its confluence with Crabtree Creek. From that point
Crabtree Creek flows in a southeasterly direction to its confluence with the
Neuse River roughly 16 miles downstream.
According to the North Carolina Department of Environment and Natural
Resources (NCDENR), Division of Water Resources (DWR) website, the segment
of Crabtree Creek immediately downstream of the relocation reach is classified
as a Class C; NSW watercourse (Stream Index Number 27- 33- (10)). Class C
waters are freshwaters protected for secondary recreation, fishing, and aquatic
life including propagation and survival, and wildlife. The NSW designation is a
Nutrient Sensitive Waters which are subject to microscopic or macroscopic
vegetation requiring limitations on nutrient inputs.
2.1.3 Land Use
Land use in the watershed is comprised of a combination multi - family
residential, intermixed with office and commercial space, transportation
infrastructure which accounts for approximately 65 percent of the land surface.
The remaining 35 percent of the watershed consists of forested land. Aerial
photographs indicate that the watershed land use has remained (generally)
unchanged from the mid- 1980's with only relatively minor changes occurring
since that time. Based on observation of current land use, existing topography,
the limited undeveloped area, and current regulatory requirements within the
City of Raleigh it is unlikely that land uses within the watershed will differ
considerably in the future.
2.1.4 Previous Site Evaluations
In May of 2014 S &EC performed a wetland delineation in order to determine the
extent of jurisdictional waters on the quarry site. Relevant details regarding site
streams and wetlands identified during our delineation are provided on Figure 5.
A field survey of site streams and wetlands was subsequently performed by Gary
W. Keyes Land Surveying, P.C. of Wilmington, NC. For ease of reference a
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portion of the wetland delineation survey map detailing the various streams and
wetland areas within the general project area is included in Appendix B. Further
detail regarding site streams and wetlands on the site as well as the National
Heritage Program (NHP) and State Historic Preservation Office (SHPO)
evaluations by SUC are provided elsewhere in the permit application.
2.2 Existing Stream /Reference Reach Condition
This section provides a summary of conditions within an existing stable section of Stream 1
which is proposed for piping under the berm. As described below we intend to utilize this
stable section of stream as the Reference Reach for use in our stream relocation design. A
summary of our preliminary stream data collection, as well as our evaluation and
preliminary analyses to date are also provided.
2.2.1 General Description
The Reference Reach is located within a stable portion of Stream 1 that is within
the proposed berm footprint and as such will be piped as part of the proposed
pit expansion. See Figure 5 for the approximate location of the Reference Reach.
The drainage area at the downstream end of the Reference Reach is estimated at
approximately 60 acres (0.094 square miles).
2.2.2 Reference Reach Data Collection
A field reconnaissance of the Reference Reach was performed on May 29, 2015
prior to the collection of field data. The purpose of the reconnaissance was to
identify the desired extent of our field data collection, potential stream cross -
section locations, along with a determination of bankfull elevation utilizing
existing indicators pertinent to our analyses. Bankfull indicators that were
utilized included depositional features, vegetation position, slope breaks, and
scour and wrack lines.
During our subsequent site visit on June 4, 2015, we collected a variety of
general topographic and site data in the vicinity of the Reference Reach.
Topographic data was collected through a limited- engineering survey using laser
level and field tape. True elevations along the Reference Reach were not known
at the time of our data collection and as such data collected was relative to an
assumed temporary benchmark elevation of 100.00 feet.
Preliminary Reference Reach data included the collection of:
1. A longitudinal profile for approximately 250 linear feet (roughly 20 to 30
bankfull widths) of reference stream channel.
so
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A series of representative riffle and pool cross - sections. Each cross -
section was oriented perpendicular to the direction of flow and surveyed
from left to right looking downstream.
3. Various topographic data points, including but not limited to existing
ground surface points (including multiple bankfull elevation locations)
and water surface elevations.
4. A substrate material evaluation (representative pebble count).
5. A limited understory and canopy vegetation survey of dominant tree and
shrub species.
6. Photographic record of the Reference Reach site.
Site data was later compiled for use in our preliminary evaluation of the
Reference Reach and the development of this Conceptual Stream Relocation
Plan.
Site photos of various locations along Stream 1 including the Reference Reach as
well as portions of the channel segment proposed for relocation are provided in
Appendix A.
2.2.3 Reference Reach Morphology
The Reference Reach was generally consistent in dimension (riffles and pools),
pattern, and profile along the evaluated length of approximately 250 linear feet.
For classification purposes we estimated that the reach consisted of
approximately 70 percent riffles and 30 percent pools. Riffles typically were long
and moderately steep, peaking between existing pools. The pools, typically
located within meander bends, were short (relative to the typical riffle length)
and deep. In some cases compound (multiple connected) pools were observed.
Channel banks along the reach were uniformly stable and although steep (near
vertical at select locations) and were relatively well vegetated and observed to
have significant woody vegetation and root structure. Reasonably consistent
indications of bankfull elevation were noted during our site evaluation. Little
significant active erosion was observed along the Reference Reach, however
substantial coarse bed material was observed to be accumulating along the
length of the Reference Reach. This may be indicative of upstream erosion or
other upstream instability within the stream channel.
Representative Riffle and Pool Cross - section from our preliminary site data
collection efforts are shown in the following table:
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Morphological
Representative
Representative
Characteristic
Riffle*
Pool*
Cross - sectional
Area, ft.2
13.6
28.0
(Abkf)
Bankfull
Width, ft.
11.7
14.0
(Wbkf)
Mean
Depth, ft.
1.2
2.0
(dbkf)
Max.
Depth, ft.
1.6
3.7
(dmax)
Width / Depth
Ratio
9.8
n/a
W bkf /d bkf)
* Listed values have been rounded.
Based on measurements of channel length and valley length at the Reference
Reach from the wetland survey data we estimated a sinuosity (Stream Length, SL
/ Valley Length, VJ of approximately 1.4 which appears reasonable based on our
field observations. Based on a linear plot comparison of bankfull elevations
along the longitudinal profile channel bankfull slope (based on field data) was
estimated at 1.5 percent (0.015 ft. /ft.). We similarly estimated the average riffle
slope (head of riffle to toe of riffle) at 2.7 percent (0.027 ft. /ft.).
A representative pebble count was performed for stream classification purposes.
Substrate along the Reference Reach consisted of silt, sand, gravel and cobble
material. Bedrock was also observed within select portions of the evaluated
stream reach and was particularly evident in pools. The representative pebble
count revealed a bed material D50 particle size index (mean diameter size) of 27
millimeters. This particle size is classified as coarse gravel (ranging from 16 mm
to 32 mm). Representative photos of the observed bed material are provided in
Appendix A.
2.2.4 Stream Classification
The Reference Reach was classified utilizing the Rosgen Stream Classification
System (1994) utilizes parameters based on field collected data and site
observation. The criteria utilized to determine stream type include slope,
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width /depth ratio, entrenchment ratio, sinuosity, and bed material. Utilizing this
system the Reference Reach was classified as a C4 Type channel.
2.3 Regional Curve Verification
In order to provide preliminary verification of the suitability of Regional Curves we
compared data published by North Carolina Stream Restoration Institute (SRI) (Regional
Curves for North Carolina Urban Piedmont Streams —June 2002) for a stream with a
watershed area of approximately 60 acres (0.094 square miles) to our reference riffle
dimensional characteristics.
Field estimates of Cross - sectional Area, Bankfull Width, and Mean Depth along the
Reference Reach were compared with the predicted values for each characteristic
developed using SRI regional curve equations and are shown in the following table:
Morphological Reference Regional
Characteristic Reach Data* Curve Data*
Cross - sectional
Area, ft.2 13.6 12.9
(Abkf)
Bankfull
Width, ft. 11.7 11.2
(Wbkf)
Mean
Depth, ft. 1.2 1.1
(dbkf)
* Listed values have been rounded.
A comparison of field measured and curve - predicted morphological characteristics
indicates, in our opinion that a reasonable approximation of bankfull stream dimension can
be developed using the published Regional Curves.
2.4 Preliminary Channel Design
For the purposes of our preliminary design we utilized the available Regional Curves and
experience on past projects to develop preliminary channel dimensions for the proposed
relocated stream channel.
Considering an expected drainage area (to the relocated channel) of approximately 73 acres
(0.114 square miles) we developed riffle and pool dimensions for the relocated channel.
Typical dimensions and sketches of the proposed riffle and pool cross - sections to be
constructed are described in further detail in the next section.
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3.0 PROJECT APPROACH
This section provides a description of the design approach for the proposed stream
relocation; however it is important to remember that the design described below is
preliminary. Details of the final stream relocation plan, including Construction Drawings
and supporting Technical Specifications, will be prepared once concurrence of our general
design approach is received from USACE and NCDENR -DWR representatives, and other
agencies as appropriate.
3.1 Quarry Expansion Operation
As previously described following the construction of berm the combined stream flows
(from the Stream 1 and Stream 4 drainages) will discharge into the remaining downstream
portion of Stream 1 as the pit expansion proceeds. During this period expansion operations
will consist, in large part of the removal of overburden from the pit expansion area, the
excavation of the northern and western pit walls (through blasting operations), and the
construction of the bypass bench. Preliminary design calls for the bypass bench to be
approximately 35 feet wide with a cross -slope of approximately 5.0 percent (0.050 ft. /ft.)
The relocated stream channel will be constructed within the bypass bench alignment and
will provide a functioning natural stream channel while at the same time serve to bypass
stream flows around the pit expansion area. Once the construction of the relocated stream
is complete the stream will be diverted into the relocated channel and the remaining
portion of Stream 1 within the pit expansion footprint will be permanently impacted
through excavation. See Figures 7 and 8.
3.2 Stream Relocation Concept
The implementation of the stream relocation plan will result in the construction of a natural
stream channel in the form of a riffle -pool system which will convey the stream around the
new pit expansion boundary. In order to perform the necessary stream relocation natural
channel design methods will be utilized during final design. The relocated stream will have
the appropriate dimension (cross- section, width and depth) and profile (channel slope) of a
naturally occurring stable channel based on the use of the previously described Reference
Reach data and Regional Curves. The relocated stream will be constructed in such a manner
that it also provides for a suitable channel sinuosity within the construct of the bypass
bench alignment.
Where appropriate cross -vanes and J -hooks will be installed to prevent local bank erosion,
provide grade control, and to enhance pool form. The final stream design will include the
evaluation of both water and sediment transport requirements to produce a stable stream
in dynamic equilibrium. The relocated channel geometry and structure will provide for
morphologic function and habitat within the relocated channel. Coarse bed material from
14
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the impacted portion of Stream 1, if appropriate will be used to augment the relocated
stream channel. This will serve to ' jumpstart" bed and formation within the various stream
facets as well as provide for habitat improvement when combined with woody debris (such
as logs, root -wads, brush mattresses, etc.) within the stream bed and nearbank areas.
Where possible (and appropriate) the stream banks will be planted with native tree and
shrub species. Species selection will be based on a survey of the vegetation from the
existing stream corridor, and from reference literature that details native species for the
area. While narrow, the wooded corridor that will be established as part of this relocation
will also increase the vertical structure perpendicular to the channel along the reach helping
to increase species composition and abundance. Bank planting will serve to increase in-
stream habitat quality for fish, amphibians, and benthic macro - invertebrates by providing
channel shade which will in turn cool the water and increase oxygen content. Bank planting
will also provide cover, travel corridors, and access to adjacent natural areas for
mammalian, reptilian, and avian species.
3.3 Natural Channel Design
The final relocated stream design will be based on natural channel design principles and
techniques utilizing a comprehensive data set developed from existing channel (to be
relocated), reference and other site survey data along with available Regional Curves. The
final relocation design will be prepared using a variety of in -house computer software and
in addition to AutoCAD and ArcGIS. These tools in combination with professional judgment
and our previous experience with similar projects will allow for the development of an
appropriate stream design.
3.3.1 Channel Dimensions
Our preliminary design resulted in the following typical relocated riffle and pool
dimensions:
Morphological Typical Riffle Typical Pool
Characteristic Dimensions* Dimensions*
Cross - sectional
Area, ft.2 14.7 22.1
(Abkf)
Bankfull
W idth, ft. 12.3 14.7
( Wbkf)
Mean
Depth, ft. 1.2 1.5
(dbkf)
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Max.
Depth, ft. 1.7 4.0
(dmax)
* Listed values have been rounded.
The proposed dimensions will result in a C -Type channel type (Rosgen
Classification). A depiction of the proposed riffle and pool cross - sections are
shown in Figures 9 and 10 respectively. Here again these dimensions are
preliminary and may change during final design.
3.3.2 Channel Pattern
The over - riding bypass sinuosity will be driven by the location and subsequent
length of the bypass bench, however the construction of riffles and pools along
the bench will provide for a more structured lateral meander along the length of
the channel within the available belt width provided by the bypass bench.
Varying meanders will be integrated along the length of the relocated reach to
mimic the variability of a natural channel. This will utilize the available project
area to the maximum extent possible based on site constraints (including the
bench alignment). The integration of meanders into the proposed relocation
design will reduce the overall channel slope, to a degree by increasing overall
channel length. See Figure 7.
3.3.3 Channel Profile
The upstream end of the relocation reach will tie to the existing upstream
channel at an elevation of approximately 286.00 feet at Sta. 0 +00. The
downstream end of the relocation reach will be designed to make a smooth
transition to the existing downstream channel at an elevation of approximately
276.00 feet at Sta. 9 +54. As shown in Figure 7 a meander bend will be located at
both the upstream and downstream tie -ins between the relocated channel and
the existing channel. One or more boulder structures will likely be required in
these areas to accommodate this connection to, and from the relocated channel
segment. Further details regarding the configuration of the upstream and
downstream channel tie -ins will be provided during final design.
The restoration design incorporates riffles, runs, pools, and glides into the
longitudinal profile providing bed form characteristics observed within the
Reference Reach. Riffles will be located along straight segments of the channel,
runs connect the riffles to the pools which are typically located along the outside
meander bends, and glides connect the pool to the next successive riffle. A
range of pool -to -pool spacing will be incorporated based on reference
conditions.
16
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The overall vertical drop from upstream to downstream along the relocated
stream alignment (and bypass bench) on the project site is approximately 10
feet. Preliminary design calls for this drop to be distributed, generally over the
length of the relocation reach which is approximately 950 feet in length. This
will allow for an average channel slope of approximately 1.05 percent (0.0105 ft.
/ft.) along the channel length. A preliminary proposed longitudinal profile (with
channel station, invert elevation, and bankfull elevation) is depicted in Figures 11
and 12 (Proposed Relocated Stream Profile I and II).
Unlike most stream restoration or relocation projects where the stream channel
dimensions are excavated into in situ soils, the relocated stream at this site will
be constructed using explosive charges to blast stream bedform into the invert
of the bypass bench. Where necessary based on the results of blasting (and
resultant rock fracturing) in- channel boulder and log structures may be utilized
to develop the desired channel dimension and bed form. In- channel structures
are described in further detail below.
As described above, the existing stream reaches immediately upstream and downstream of
the proposed bypass will be repaired and stabilized as necessary as part of the overall
stream relocation project. See Figure 7. Repair and stabilization measures within these
reaches will utilize natural channel design methodologies similar to those described above.
Such measures might include modifications to channel dimension and profile including bank
and bed grading, the installation of in- channel structures, bank stabilization efforts, etc.
Further details regarding the extent and nature of these modifications will be determined
during final design.
3.4 Sediment Transport Analysis
A preliminary sediment transport analyses indicates that the proposed channel dimensions
are reasonable and capable of supporting the expectant stream bed load requirements,
however a detailed sediment transport competency evaluation will be necessary. In this
process the critical dimensionless shear stress will be calculated to determine the energy
needed to mobilize and transport the largest particle in motion under bankfull flow
conditions. An entrainment analysis of the proposed channel will be conducted to ensure
the restored channel will not aggrade or degrade over time.
3.5 In- channel Structures
As mentioned above, where necessary to provide grade control for the relocated reach,
rock and log cross -vanes and j- hooks, will be integrated within the final design and
specifically will be utilized to augment bed form following the conclusion of blasting
operations of the proposed channel within the bypass bench. Structures will also provide
grade control for the reach as needed. Rock and log j -hooks will typically be placed along
meander bends to assist in the formation of pools and protect the banks. The location,
17
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number and configuration of in- channel structures required will depend on the conditions
encountered during and following blasting operations.
All structures will be constructed out of natural materials typically consisting of quarried
boulders or logs. The upstream side of these structures will be lined with a non -woven
geotextile fabric where necessary and backfilled with excavated channel material from the
impacted stream segment (and in if needed crushed stone aggregate) to improve stability
and reduce the potential for piping. See Figures 13 and 14 (Typical Structure Details I and
II).
In- channel structures additionally serve to protect the outside edge of meanders from
lateral erosion, improve channel facets, create a stable width /depth ratio, and improve
sediment transport by concentrating stream energy toward the center of the channel and
away from the near -bank areas. In the process in- channel structures also serve to reduce
shear stress along the stream banks and prevent bank erosion.
3.6 Bank Stabilization & Planting
At select locations along the relocated stream channel stream banks may be augmented
with imported soil /topsoil. In these areas erosion control matting (CF -7 coir matting), and
temporary and permanent seeding will be utilized to reduce bank erosion immediately
following completion of channel construction and to provide additional bank stabilization.
Temporary seeding measures (brown top millet, rye grass, or the most appropriate erosion
control grass as dictated by the season) and /or permanent seeding measures (buffer seed
mix) will be utilized to allow for localized stabilization while woody riparian species establish
themselves. Typical coir matting installation details, and temporary and permanent seeding
specifications are provided in Figure 15 (Typical Bank Stabilization Details).
The stream channel banks will be planted with the appropriate channel bank species likely
including a mix of species to include Silky dogwood (Cornus amomum), Elderberry
(Sambucus canadensis) and Silky willow (Salix sericea) in the form of live stakes. Live stakes
will be planted (as allowable based on bank material) along the channel banks in parallel
rows from the toe of slope to the top of the stream bank on a standard spacing. A typical
live stake planting detail is provided in Figure 16 (Typical Planting Details).
Where space allows tree and shrub species will be incorporated into fringe planting zone
along the edge of the relocated channel. Trees and shrubs in the form of bare root
seedlings might consist of species including Ironwood (Carpinus caroliniana), Spicebush
(Lindera benzoin), Hearts -a- bustin' (Euonymus americanus), Red chokeberry (Aronia
arbutifolia), Dwarf azalea (Rhodedendron atlanticum) and Highbush blueberry (Vaccinum
carybosum) among others might be planted. A typical bare root planting detail along with a
preliminary planting list is also provided in Figure 16.
18
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Vegetation will be supplied by locally identified plant sources or purchased from local,
reputable nurseries. Other sources, outside of the local area, may be used depending on
the availability of plant material, but will be approved in advance by the Engineer. Final
design will include the preparation of a planting plan including planting details and planting
schedules regarding planting species and quantities.
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4.0 CONSTRUCTION OPERATIONS
All aspects of site construction and planting operations will be observed by a representative
of S &EC during periodic site visits. It will be the stream construction contractor's
responsibility to have the appropriate equipment and personnel on site to perform the
various project tasks based on the project schedule. If potential conflicts arise, the
contractor shall notify the Engineer immediately so that adjustments can be made.
4.1 Erosion & Sediment Control
Since the total disturbed /denuded area as a result of stream relocation plan
implementation will exceed one (1.0) acre, an Erosion and Sediment Control (E &SC) Permit
will be required. We understand that an E &SC Plan and permit application will be prepared
by DAA and submitted to NCDENR for approval. Activities associated with the stream
relocation portion of the project will be incorporated into the overriding E &SC plan.
4.2 Future Site Maintenance
Following construction a site walk- through will be performed to observe constructed stream
conditions and riparian planting efforts. The construction contractor and representatives
from S &EC and Hanson will attend this review and discuss any immediate repairs as well as
future site maintenance operations to ensure the protection of the relocated stream
channel, and any trees and shrubs installed as part of this project.
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5.0 LIMITATIONS
Our evaluations, conclusions, and recommendations are preliminary and are based on
project and site information available to us at the time of our analysis and may require
modification if there are any changes in the site conditions, or if additional data about the
site becomes available in the future. Additionally, decisions regarding any outstanding
permit issues or policies issued by governing regulatory agencies are beyond our control,
and as such modifications to our evaluation, conclusions, and /or recommendations may be
necessary. Additional data may become available during future design and construction as
site and project conditions are further investigated or exposed by construction.
We cannot accept responsibility for the recommendations in this report unless we are
engaged to observe construction to ascertain that, in general, our recommendations are
being properly implemented. This report is intended for use by Hanson Aggregates
Southeast, LLC on this project. These findings are not intended or recommended to be
suitable for reuse on extensions of the project or on any other project. Reuse on extensions
of the project or on any other project shall be done only after written verification or
adaptation by SOIL & ENVIRONMENTAL CONSULTANTS, PA, for the specific purpose
intended. Our professional services for this project have been performed in accordance
with generally accepted engineering practices; no warranty, expressed or implied, is made.
21
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FIGURES
Hanson Crabtree Quarry Expansion - Page 126 of 318

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Hanson Crabtree Quarry Expansion - Page 130 of 318
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Scale: I" = 750' Wake County, NC
Date: Source: Wake County GIS Sail & Environmental Consultants, PA
6/ I I / 15 NC One Map .��2t., e .� R-d, RW.�.N '615. fume (994 .y O.Fa 4919)} '' 6
Hanson Crabtree Quarry Expansion - Page 130 of 318

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CRA13TREE QUARRY EXPANSION IPro,'M8:
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I0',: AGGREGATES SOUTHEAST, LLC 1:300
Sheet No.:
EXISTING CONDITIONS FIGURE
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PRELIMINARY
NOT FOR CONSTRUCTION
oil A Environmental Consultants, PA
8412 Falls of Neuse Rd., Suite 104 Raleigh, North Carolina 27615
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PROPOSED CONDITIONS PHASE I FIGURE
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Project: Project No.:
CRADTREE QUARRY EXPANSION IPo,?'J'.:
Location: Client: 1 e:
WAKE CO., NC Sca11 :300
FIANSON AGGREGATES SOUTHEAST, LLC
Sheet. Title: Sheet No.:
PROPOSED CONDITIONS PHASE 2 FIGURE
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WAKE CO., NC FIAN50N AGGREGATES 50UT11EA5T, LLC I : 100
7heet Title: Sheet No.: 8412 Falls ofNeusc Rd., Suite 104 Raleigh, North Carolina 27615
Phone: [phone] • Fax: [phone]
PROPOSED RELOCATED STREAM ALIGNMENT FIGURE w .SaadEC.com
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Crabtree Quarry Expansion -Page 135 of 318
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5ANKFULL Gr1A I .7� FEET
RIFFLE M� DEPTh
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290'00 Channel Slope = 0.0105 ftlft.
288:67
285.00 .._.. —.. �, -�.. �..._.._..�.._.,_.. �. ..- �.. «..�,.. �... .�..�..�.._.. _.. �.. _.,._.. -_
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290.00 Channel 51ope = 0.0105 ft /ft.
288.00 _
286.00
284.00 _.......�..�..s.. —.._. �.. _..— .._..�..s.,,
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276.00
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274.00 —e- - tMartnel Inv¢rt
272.00
270.00 4 +DO 4 +50 5+00
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Preliminary Longitudinal Profile (Sta. 7 +50 to 10 +00)
290.00
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288.00
286.00
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28466
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282.00
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FLOW ------- �j 5 0
STREAM BED
CLA55 "A" OR "5"
AGGREGATE STONE
GEOTEXTILE FABRIC
FOOTER
NOTE:
1. BOULDER CR055 VANE MAY BE
CONSTRUCTED WITH OR WITHOUT STEP
DEPENDING ON 517E CONDITIONS,
2. BOULDER CRO55 VANE MAY BE MODIFIED
AND CONSTRUCTED A5 BOULDER J -HOOK,
ROW
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G[OTEXTILE 1=ABRIC
OOTIfK
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NOTE:
J -HOOK MAY BE CONSTRUCTED WITH OR
WITHOUT STEP DEPENDING ON SITE
CONDITIONS.
PROFILE
113 BKF 1 /3 BKF 1/3 BKF
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(D2015 Soil * Environmental Consultants, PA. All rights reserved.
SCOUR POOL
1/3 EKE WIDTH
1/3 EKE WIDTH ,
1/3 EKE WIDTH
CLA55 "A", CLA55 "E ".AND
#57 AGGREGATE STONE MIX
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BOULDER STEP
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TOOTER EXCAVATION
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PROFILE PLAN
NOTES:
LOG J -HOOK DETAIL
1. J -HOOK MAY 15E SUPPLEMENTED WITH
LOG OP BOULDER SILL (NOT TO SCALE)
6ANKFULL STAGE 2" MAX.
CLA55 "A" , "B" AND 7
NCDOT #57 STONEI FLOW —_
STREAM CHANNEL BED
BOULDERS
GEOTEXTILE FABRIC
PROFILE
NOTE:
BOULDER SILL MAY BE CONSTRUCTED
WITH ONE OR TWO ROW5 OF BOULDERS
DEPENDING ON 51TE CONDITIONS.
02015 5oll � Environmental Consultants, PA. All rlght5 reserved.
T�GIOTEXTILI°naRlc
20` 30°
—VAN' ARM
C
ANCnORLO-
BOULDER SILL DETAIL
(NOT TO SCALE)
NAIL
CLA55 "A ",CLA55 b', AND
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CR055 SECTION
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CUIK MA
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BANKFULL BENCH
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• TRENCHED TOP OF MATTING TO A DEPTH OF AT
LEA5T 12", STAKE OR STAPLE IN PLACE, E
BACKFI ILL TO DE51GN GRADE
• MINIMUM 24" ECO- 5TAKE58 INSTALLED
ALONG TOE OF MATTING
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COIR MATTING DETAIL
(NOT TO SCALE)
12" ECO- 5TAKEO
� �Tnrcn
TEMPORARY SEEDING
GENERAL MULCH
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• MAXIMUM 2' O/C ALONG BOTTOM,
MAXIMUM 3' O/C ALONG TOP AND MIDDLE
• MINIMUM P OVERLAP AT JOINING
SECTIONS OF COIP. MATTING
SEEDING SPECIFICATIONS
ALL DENUDED 501L AREAS EXCLUDING BEDROCK AREAS SHALL BE
MULCHING 511ALL CON515T Of SMALL GRAIN STRAW APPLIED AT A RATE Of 2 BALES
TEMPORARILY SEEDED. SEEDING AND MULCHING SHALL BE DONE
PER 1.000 51'. NO ASPHALT SHALL BE USED FOR TACKING. USE JUTE, EXCELSIOR
IMMEDIATELY FOLLOWING CONSTRUCTION. ALL DISTURBED AREA5 SHALL
MATTING, OR SIMILAR MATERIAL TO COVER EXPOSED AREAS Of CONCENTRATED
BE DRESSED TO A DEPTH Of 8 INCHES. THE TOP 3 INCHES SHALL BE
FLOW
PULVERIZED TO PROVIDE A UNIFORM SEEDBED.
Awned Barnyard Gra55
5EEDING
MAINTENANCE
SEEDING DATES SEEDING SPECIES RATE (LBS /ACRE)
INSPECT AND REPAIR MULCH FREQUENTLY. KEPERTIUZE AND RESEED AS REQUIRED TO
MAY I -AUG. 15 GERMAN MILLET 10
MAINTAIN VIGOROUS TEMPORARY VEGETATIVE COVER DURING CONSTRUCTION.
AUG. 1 5 - MAY I RYE (GRAIN) 30
Indian Grass (5orgh —trum
02015 5oll � Environmental Consultants, PA. All rlght5 reserved.
12" ECO-
24" ECO- 5TAKEO (TYP.)
5TAKE(D(TYP.)
• 1 2" ECO- 5TAKE59) INSTALLED IN BANK
1LU5H WITH COIR MATTING ABOVE
BOTTOM ROW OF 24" ECO- STAKES 0
BUFFER SEED MIX
NOTE5:
PLANT SPECIES IN BUFFER SEED MIX MAY INCLUDE BUT ARE NOT LIMITED TO
•
Virg— Wld Rye (6ymu5 •
Deer Tongue (Panrcum
vrrgrnrcu5)
clandestmum)
• Soft Rush (Junc.3 effu5u5) •
Big Biu —tem (Andropogon
• 5witchgra55 (Panrcum wrgatum
gerardrr)
• Creeping Bentgra55 (Agro5ti5 •
Awned Barnyard Gra55
stolonrfera)
(Echmochloa muricata)
• Black -Eyed Susan (Rudbecba
Little 51—tern (5chrzachyrrum
hrrta)
scopanum)
• Coreop5i5 (Coreop5o •
Indian Grass (5orgh —trum
lanceolata)
0utan5)
•
Gamma (Trrp5acum J— tyloide5)
PRELIMINARY
NOT FOR CONSTRUCTION
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LIVE STAKE PLANTING DETAILS (TYP.)
(i.e, damaged bark, spht ends, etc.)
Corns amcmum 51Iky dogwood Live stakes Along stream bank �i \��i \��i \��i \��i \��i \��
ANGLE -CUT END
Sambucus canadens /s Elderberry Live stakes Along stream bank 51DE VIEW
LIVE 5TAKE PLANTING DETAIL (TYP.)
Sa /ix serrcea Silky willow Live stakes Along stream bank (NOT TO 5CALE)
BARE -ROOT SEEDLING PLANTING DETAIL (TYP.)
(NOT TO SCALE)
FRINGE ZONE PLANTING
5PECIE5 COMMON NAME 51ZE REMARKS
Carpmus carohnrana Ironwood Bare root Within fringe zone
Lrndera benzom Spice bush Bare root Within fnnge zone
Euonymus amencanus Hearts -a- Bustin' Bare root Within fringe zone
Ceres c eadensrs Eastern redbud Bare root Within fringe zone
Acer rubrum Red maple Bare root Within fnnge zone
Aroma arbutrfoGa Red chokeberry Bare root Within frmge zone
Callrcarpa amencana Beauty berry Bare root Within fringe zone
Hamame65 virgrnrana Witch hazel Bare root Within fringe zone
Rhododendron at/antrcum Dwarf azalea Bare root Within fringe zone
I/accr..— carybosum Highbush blueberry Bare. root Within fringe zone
02015 Soil � Environmental Consultants, PA. All rights reserved.
N
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OPEN PLANTING HOLE WITH
PLACE BARE -ROOT SEEDLING IN HOLE -
5HOVEL OR AUGER ROOT COLLAR AT SURFACE
1 2
CL05E HOLE WITH 5HOVEL OR AUGER -
NO AIR SPACE AROUND ROOT5
3
NOTES:
I . OVERALL TREEJ5HRUB DENSITY IN BUFFER RESTORATION AREA TO REMAIN NOT LESS THAN
320 STEMS /ACRE.
2. ALL AREAS WITHIN BUFFER AND WETLAND RESTORATION AREA TO BE SEEDED WITH
PERMANENT WETLAND SEED MIX CONTAINING AT A MINIMUM: LIZARDS TAIL, SOFT RUSH, AND
BLUE FLAG IRI5 AT A RATE OF 15 L[35 /ACRE .
3. ALL GRADED AREAS OUTSIDE OF WETLAND AND BUFFER RESTORATION AREA TO BE SEEDED
WITH 5WITCHGKA55 AT A RATE Of 15 L155 /ACRE.
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Carpmus carohnrana Ironwood Bare root Within fringe zone
Lrndera benzom Spice bush Bare root Within fnnge zone
Euonymus amencanus Hearts -a- Bustin' Bare root Within fringe zone
Ceres c eadensrs Eastern redbud Bare root Within fringe zone
Acer rubrum Red maple Bare root Within fnnge zone
Aroma arbutrfoGa Red chokeberry Bare root Within frmge zone
Callrcarpa amencana Beauty berry Bare root Within fringe zone
Hamame65 virgrnrana Witch hazel Bare root Within fringe zone
Rhododendron at/antrcum Dwarf azalea Bare root Within fringe zone
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02015 Soil � Environmental Consultants, PA. All rights reserved.
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320 STEMS /ACRE.
2. ALL AREAS WITHIN BUFFER AND WETLAND RESTORATION AREA TO BE SEEDED WITH
PERMANENT WETLAND SEED MIX CONTAINING AT A MINIMUM: LIZARDS TAIL, SOFT RUSH, AND
BLUE FLAG IRI5 AT A RATE OF 15 L[35 /ACRE .
3. ALL GRADED AREAS OUTSIDE OF WETLAND AND BUFFER RESTORATION AREA TO BE SEEDED
WITH 5WITCHGKA55 AT A RATE Of 15 L155 /ACRE.
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02015 Soil � Environmental Consultants, PA. All rights reserved.
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1 2
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NO AIR SPACE AROUND ROOT5
3
NOTES:
I . OVERALL TREEJ5HRUB DENSITY IN BUFFER RESTORATION AREA TO REMAIN NOT LESS THAN
320 STEMS /ACRE.
2. ALL AREAS WITHIN BUFFER AND WETLAND RESTORATION AREA TO BE SEEDED WITH
PERMANENT WETLAND SEED MIX CONTAINING AT A MINIMUM: LIZARDS TAIL, SOFT RUSH, AND
BLUE FLAG IRI5 AT A RATE OF 15 L[35 /ACRE .
3. ALL GRADED AREAS OUTSIDE OF WETLAND AND BUFFER RESTORATION AREA TO BE SEEDED
WITH 5WITCHGKA55 AT A RATE Of 15 L155 /ACRE.
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I . OVERALL TREEJ5HRUB DENSITY IN BUFFER RESTORATION AREA TO REMAIN NOT LESS THAN
320 STEMS /ACRE.
2. ALL AREAS WITHIN BUFFER AND WETLAND RESTORATION AREA TO BE SEEDED WITH
PERMANENT WETLAND SEED MIX CONTAINING AT A MINIMUM: LIZARDS TAIL, SOFT RUSH, AND
BLUE FLAG IRI5 AT A RATE OF 15 L[35 /ACRE .
3. ALL GRADED AREAS OUTSIDE OF WETLAND AND BUFFER RESTORATION AREA TO BE SEEDED
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APPENDIX A - SITE PHOTOGRAPHS
Hanson Crabtree Quarry Expansion - Page 144 of 318

Hanson Crabtree Quarry Expansion Project
Soil & Environmental Consultants, PA
S &EC Project No. 11282
July 2015
Photo 1— Reference Reach Riffle Cross - section (Typical)
Page 1 of 9
Hanson Crabtree Quarry Expansion - Page 145 of 318

Hanson Crabtree Quarry Expansion Project
Soil & Environmental Consultants, PA
S &EC Project No. 11282
July 2015
Photo 2 — Reference Reach Riffle Substrate Material (Typical)
Page 2 of 9
Hanson Crabtree Quarry Expansion - Page 146 of 318

Hanson Crabtree Quarry Expansion Project
Soil & Environmental Consultants, PA
S &EC Project No. 11282
July 2015
Photo 3 — Reference Reach Substrate Larger Particle (Typical)
Page 3 of 9
Hanson Crabtree Quarry Expansion - Page 147 of 318

Hanson Crabtree Quarry Expansion Project
Soil & Environmental Consultants, PA
S &EC Project No. 11282
July 2015
Photo 4 — Stream Channel to be Relocated near Start of Berm
Page 4 of 9
Hanson Crabtree Quarry Expansion - Page 148 of 318

Hanson Crabtree Quarry Expansion Project
Soil & Environmental Consultants, PA
S &EC Project No. 11282
July 2015
Photo S — Stream Channel to be Relocated (Typical)
Page 5 of 9
Hanson Crabtree Quarry Expansion - Page 149 of 318

Hanson Crabtree Quarry Expansion Project
Soil & Environmental Consultants, PA
S &EC Project No. 11282
July 2015
Photo 6 — Stream Channel to be Relocated (Typical)
Page 6 of 9
Hanson Crabtree Quarry Expansion - Page 150 of 318

Hanson Crabtree Quarry Expansion Project
Soil & Environmental Consultants, PA
S &EC Project No. 11282
July 2015
Photo 7 — Stream Channel to be Relocated (Typical)
Page 7 of 9
Hanson Crabtree Quarry Expansion - Page 151 of 318

Hanson Crabtree Quarry Expansion Project
Soil & Environmental Consultants, PA
S &EC Project No. 11282
July 2015
Photo 8 — Stream Channel to be Relocated (Typical)
Page 8 of 9
Hanson Crabtree Quarry Expansion - Page 152 of 318

Hanson Crabtree Quarry Expansion Project
Soil & Environmental Consultants, PA
S &EC Project No. 11282
July 2015
Photo 9 — Stream Channel to be Relocated (Typical)
Page 9 of 9
Hanson Crabtree Quarry Expansion - Page 153 of 318

APPENDIX 6 - WETLAND DELINEATION SURVEY MAP
Hanson Crabtree Quarry Expansion - Page 154 of 318

I 1111x. Wml-
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STREAM B N I STREAM 4 STREAM 8 o
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THIS CERTIIFES THAT THIS PLAT 04I
ACCURATELY DEPICTS THE BOUNDARY
OF THE JURISDICTION OF SECTION 404
OF THE CLEAN WATER ACT AS
NI
DETERMINED BY THE UNDERSIGNED ON I G
THIS DATE. UNLESS THERE IS A I
CHANGE IN THE LAW OR OUR
PUBLISHED REGULATIONS, THE
�+
STREAM 1 SITE
DETERMINATION OF SECTION 404
JURISDICTION MAY BE RELIED UPON FOR R
A PERIOD NOT TO EXCEED FIVE (5)
9
S 11.31 "45 - E
YEARS FROM THIS DATE. THE
`
468.29
UNDERSIGNED COMPLETED THIS I
____-- - - - - --
DETERMINATION UTILIZING THE I
N:763244.139
APPROPRIATE REGIONAL SUPPLEMENT
1220658%,013
TO THE ARMY
BWETLANDS ODElJ
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MANUAL. =I
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REGULATORY OFFICIAL:
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TITLE:
I
DATE:
STREAM 1 L28
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USACE ACTION ID NO:
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500 250 0 500 1666 M7E0110.669
NAD 83((2201111) SHEET 1 OF 91
GRAPHIC SCALE CONC MONUMENT
GARY W. KEYES LAND SURVEYING, P.C. (VicinnyMy Not wScM -) I TOWNSFIIP HOUSE CREEK
7336 CARDEN ROAD
WILMINGTON, NC 28411 I COUNTY WAKE srATe
Nb
NC
DURALEIGH RD
910 -228 -4773 .7Ig I DATE 12/15%T4 (SCALE 1" =560
keyessu rveyf ng®g m c II. com
THIS PS NOT A BOUNDARY SURVEY. THIS SURVEY IS OF AN _ WETLAND DELINEATION FOR:
D3STIN6 FEATURE (WETLANDS AND STREAMS AS DEUNEATETI BY
OTHERS). PARTIAL FIELD SURVEY FOR THIS MAP WAS
CONDUCTED USING CONVENTIONAL OHM METHODS AND CPS. STE
THIS PROJECT REMAINS ON GRID FOR EASE OF CPS LEHIGH HANSON
REPROOUCTION/kECCHNASANCE. ALL DISTANCES SHOWN AS CRABTREE QUARRY
GRID US FT. BEARRNGS SHOWN AS GRID. GRID SYSTEM UTILIZED 5061 DURALEIGH ROAD
IS HAD 63(2011). COMBINED FACTOR FOR GROUND CONVERSION
ON THIS PROJECT Is 1.00046697, HAD 67(2011) RALEIGH, NC 27612
BA50ASTASUSHED COORDINATES BY THIS OFFICE FOR BASE
POINT$ ARE EXISTING CONCRETE MONUMENTS ON DURALEIGH C RABTREE CREEK
ROAD RIGHT—OF —WAY AS SHOWN HEREON AND AS LOCATED BY -
NC VRS NETWORK WITH REDUNDANT OBSERVATIONS VERIFYING
0.10 FT. CONFIDENCE LEVEL CLOSURE AS CALCULATED BY fiePDRTTa62ONN(L; COMM
LATITUDES AND DEPARTURES IS t:1$OOO+.
Hanson Crabtree Quarry Expansion - Page 155 of 318

CITY OF RALEIGH
SETTLEMENT
AGREEMENT
Hanson Crabtree Quarry Expansion - Page 156 of 318

SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ( "Settlement Agreement ") is made this 4`-"- day
of Fe-6n-Ae x , 2014, ( "the Effective Date ") by HANSON AGGREGATES SOUTHEAST,
LLC, a Delaware limited liability company, and the CITY OF RALEIGH, a North Carolina
municipal corporation, hereinafter referred to as the "City." Hanson and the City are referred to
throughout as Party and/or Parties.
WITNESSETH:
WHEREAS, Hanson owns certain real property situated in the vicinity of Crabtree and
Richland Creeks, adjacent to Duraleigh Road in Raleigh, NC more particularly described as PIN
0786349208, 0786308569, 0786512559, 0786620033, and 0786554037 (the "Property ");
WHEREAS, specifically, Hanson, or its predecessors in interest, has extracted
subsurface granite from portions of the Property since the 1940s and has done so continually and
with the City's knowledge since before the Property became subject to the City's planning
jurisdiction;
WHEREAS, the portion of the Property located to the east of Duraleigh Road is within
the City's corporate limits. The portion of the Property located to the west of Duraleigh Road is
within the City's extraterritorial jurisdiction ( "ETJ "). Hanson and the City agree that the City's
zoning ordinances apply to all of the Property. However, Hanson and the City dispute the
specific dates on which various portions of the Property became subject to the City's zoning
ordinances and also dispute the requirements that the City's zoning regulations impose on the
Property. Hanson and the City also dispute the requirements, if any, that were imposed on the
Property by Wake County zoning restrictions prior to the Property's becoming subject to City
zoning restrictions;
WHEREAS, Hanson contends that all portions of the Property purchased or leased by
Hanson or its predecessors in interest, were specifically purchased or leased in order to acquire
and secure subsurface mineral rights and reserves for future quarrying on the Property; and that
Hanson, or its predecessors in interest, at all relevant times has intended to quarry and extract
granite from the Property by contiguous extensions of the existing pit to the extent allowed by its
North Carolina mining permit;
WHEREAS, the City contends that the portions of the Property to the east of Duraleigh
Road cannot be used in quarry operations. The City also contends that the portion of the
Property assigned PIN 0786308569 can be used only in accordance with current zoning
regulations and that no rights associated with a non - conforming use apply to this portion of the
Property. As for the portion of the Property located to the south of Crabtree Creek and included
in PIN 0786349208, the City contends that zoning regulations allow Hanson only to use and
maintain its existing settling ponds, to clean those ponds, temporarily to store materials removed
from the ponds, and to remove materials taken from those ponds off the Property;
1
Hanson Crabtree Quarry Expansion - Page 157 of 318

WHEREAS, the North Carolina Department of Transportation ( "NC004 ") owns land
abutting Crabtree Creek, which land is surrounded by the Property. NCDOT's land has been
used for quarry operations since at least the 1940s. NCDOT leases mineral rights in its land to
Hanson under a lease with an effective date of December 11, 2007 (the " NCDOT Mineral
Lease ");
WHEREAS, on April 23, 2002, the City's Zoning Enforcement Administrator issued an
Order for Compliance regarding Hanson's use of the Property to the south of Crabtree Creek;
WHEREAS, Hanson initiated a proceeding before the Raleigh Board of Adjustment to
appeal said Order for Compliance;
WHEREAS, the Board of Adjustment proceeding is currently pending and neither party
has requested that the proceeding be set for hearing;
WHEREAS, Hanson and the City have conferred together and have settled their disputes
under the terms described in this Settlement Agreement;
WHEREAS, the City has agreed to accept the easements and other interests described in
this Settlement Agreement; and
WHEREAS, this Settlement Agreement, unless any part hereof is determined to be null
and void by judicial decision, settles, compromises and resolves forever the disputed claims over
Hanson's rights to use the Property.
NOW, THEREFORE, in consideration of the mutual promises contained in this
Settlement Agreement, and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Hanson and the City agree as follows:
A. Definitions
Aggregate — means sand, stone, gravel, topsoil and overburden extracted from the
mineral deposits on the Property.
Business Activities — means activities that are not residential in character, except that
activities directly and solely related to remediation and reclamation of the Property after
the Excavation Period are not Business Activities.
Crabtree Quarry — means the quarry operated on portions of the Property and under the
NCDOT Mineral Lease.
Effective Date — means February 4, 2014.
Excavation Period — means the time period beginning on the Effective Date and ending
on the earlier o£ 1) thirty -eight (38) years from the Effective Date; or 2) the date on
which thirty (30) million tons of Aggregate has been removed from the Excavation Pit.
FA
Hanson Crabtree Quarry Expansion - Page 158 of 318

Excavation Pit — that area of Northern Property from which Aggregate has, is and will
during the Excavation Period be excavated from below the surface, including the
contiguous extension of the open pit as existing on the Effective Date as depicted on
Exhibit 1 hereto.
Mining Permit — that certain permit for the operation of a crushed stone quarry issued by
the Department of Environment and Natural Resources, Wake County - Permit No. 92-
03.
NCDOT land means the land located north of Crabtree Creek and west of Duraleigh
Road that is owned by the North Carolina Department of Transportation and leased by
Hanson under the NCDOT mineral lease.
Northern Property — means the portion of the Property located north of Crabtree Creek
and west of Duraleigh Road.
Reclamation Bond — means the security posted by Hanson., as required by section 74 -54
of the North Carolina General Statutes, in favor of the State of North Carolina, liability
under which is maintained until Hanson completes the reclamation required by North
Carolina law and regulation.
Reclamation Period that period of time during which Hanson shall complete its
reclamation obligations in accordance with the reclamation conditions on the Mining
Permit and shall complete other reclamation or remediation described in this Settlement
Agreement. The Reclamation Period shall begin at the expiration of the Excavation
Period and shall end two years thereafter.
Temporary Stockpile Area — means that area shown on Exhibit 1 hereto and used to store
materials removed from the settling ponds located on the Property south of Crabtree
Creek.
B. Hanson's Use of the Property
1. Hanson shall have the right to use the Property in accordance with the zoning
memorandum of opinion dated February 8, 2014 from the City of Raleigh Zoning
Enforcement Administrator, attached hereto as Exhibit 2.
2. Hanson shall not extract Aggregate on any portion of the Property other than the
portion of the Northern Property detailed in the survey provided in accordance with
paragraph C(2) hereof. Further Hanson shall not remove overburden or topsoil on any
portion of the Property other than the portion of the Northern Property detailed in the
survey provided in accordance with paragraph C(2) hereof or the Settling Pond area
south of Crabtree Creek in accordance with paragraph C(7)(d) hereof.
3. Hanson shall use the Property and the NCDOT land, and conduct operations thereon,
only as expressly set forth herein.
3
Hanson Crabtree Quarry Expansion - Page 159 of 318

C. Operational Terms
1. End of Business Activities. Hanson shall cease all Business Activities at the
Property and the NCDOT land on the earlier of thirty eight (38) years from the
Effective Date or when, subsequent to the Effective Date, 30 million tons of
Aggregate has been removed from the Northern Property. However,
notwithstanding the foregoing, during the Reclamation Period, any remaining
Aggregate that was extracted during the Excavation Period and any materials
stockpiled in the Temporary Stockpile Area may be removed and/or sold from the
Property.
2. Delineation of Excavation Pit. Within ninety (90) days of the Effective Date,
Hanson shall provide the City with a survey delineating the maximum extent of the
Excavation Pit. The survey shall provide the precise boundaries of the Excavation
Pit, which are generally depicted in Exhibit 1 hereto and shall conform to that
which is depicted in Exhibit 1. If the City determines that the survey does not
substantially conform, the City shall notify Hanson within thirty (30) days after
receiving the survey and Hanson shall allow the City to perform its own survey at
the City's expense. The parties shall confer in good faith after the completion of
the City's survey and use their best efforts to resolve all discrepancies concerning
the boundaries.
3. Sale of Portion of Northern Property of Crabtree Creek to the City. Within
ninety (90) days of the release of the Reclamation Bond, upon request of the City,
Hanson shall convey to the City title to that portion of the Northern Property,
depicted in Exhibit 3 hereto, to the City for the nominal value of Ten U.S. Dollars
($10.00).
The parties shall record the option agreement attached as Exhibit 3 or another
instrument with the Wake County Register of Deeds documenting the interest
described in this section within sixty (60) days from the Effective Date.
The NCDOT Mineral Lease states that it expires ten (10) years after its December
11, 2007 effective date unless Hanson exercises its right to a five (5) year renewal.
After the expiration of the NCDOT Mineral Lease and its five (5) year renewal,
Hanson shall use all reasonable efforts to enter into a lease with NCDOT sufficient
to allow it to continue operations. Notwithstanding the foregoing, if Hanson is
unable to negotiate a lease for NCDOT land throughout the Excavation Period
through no fault of Hanson and, as a result, Hanson is prevented from conducting
operations for the entire Excavation Period, Hanson is under no obligation to
convey the portion of the Northern Property to the City. Hanson shall in good faith
use its best efforts to diligently seek the issuance or renewal of NCDOT leases
necessary for conducting operations as contemplated in Sections B and C hereof.
4
Hanson Crabtree Quarry Expansion - Page 160 of 318

4. Noise and Vibration Mitigation.
a. Berm. Within six months of commencement of mining operations
in an area north of the existing quarry Hanson shall begin construction of a
landscaped earthen berm along the northern boundary of the Property, in
accordance with the plan attached hereto as Exhibit 4. The construction of
the earthen berm shall be completed before excavation of the overburden
is any closer than 750 feet from the northern property boundary and no
later than eight (8) years from the Effective Date. Hanson shall maintain
the berm and shall replace any element of the landscaping that dies or
becomes diseased or as otherwise required by law or regulation at the time
of the berm construction.
b. Blasting Techniques Required. Hanson shall design each blast
using the latest available techniques to minimize impacts from blasting.
Techniques to be employed include laser profiling of the face and
orientation of the blasts away from the adjacent properties to the north of
the quarry to reduce impacts from both ground vibrations and air blasts. In
addition, Hanson shall be sensitive to weather events that might increase
air blast impacts on neighbors and shall postpone blasting during such
events.
C. Blasting Limits. During all blasting operations implemented from
top -of -rock to a depth of 250 feet below top -of -rock, the maximum peak
particle velocity ( "PPV ") of any component of ground motion shall not
exceed 75% of the current legally allowable limit applicable to Crabtree
Quarry.
During all blasting operations implemented below a depth of 250 feet
below top -of -rock, the PPV of any component of ground motion shall not
exceed 50% of current legally allowable limit applicable to Crabtree
Quarry.
A table depicting the maximum limits allowed hereunder is attached
hereto as Exhibit 5.
d. Enforcement of Blasting Limits. All records maintained by
Hanson concerning blasting, including those documenting the PPV
associated with blasting operations, shall be available to the City upon
request, within 24- hours. Hanson shall self - report to the City any
violation of the blasting limits set forth herein. If a violation occurs,
Hanson shall cease all blasting at the depth at which the violation occurred
until the violation has been investigated and a corrective action plan
implemented. Any corrective action plan shall contain sufficient
remedial measures so that no future violation is likely to occur.
5
Hanson Crabtree Quarry Expansion - Page 161 of 318

The parties acknowledge that Iaiiure to comply with Blasting Limits may
result in damages due to public disturbance and inconvenience, and
increased inspection and administrative costs. In view of the uncertainty
and difficulty of making a precise determination of any such damages,
the parties agree that the City shall be entitled to recover liquidated
damages in addition to actual costs /damages recoverable by the City for
matters other than public disturbance and inconvenience, and increased
inspection and administrative costs. This sum is a reasonable pre -
estimate of the probable damages to be incurred due to any potential
public disturbance and inconvenience, and increased inspection and
administrative costs. The parties intend such monies to provide for
payment of such damages and not a penalty.
If a second violation occurs at that same depth within six months of the
first violation, Hanson shall remit to the City liquidated damages in the
amount of $2,500 for the second violation. In addition, if a second
violation occurs, Hanson shall cease all blasting at the depth at which the
violation occurred until the violation has been investigated and corrective
action plan implemented. If a third (and subsequent) violation occurs
within six months of the first violation, Hanson shall remit to the City
liquidated damages in the amount of $5,000 for the third (and each
subsequent) violation. In addition, if a third (or subsequent) violation
occurs, Hanson shall cease all blasting at the depth at which the violation
occurred until the violation has been investigated and corrective action
plan implemented.
e. Hours of Blasting. Unless otherwise necessitated as a result of
events or causes beyond its reasonable control, including acts of God or
the public enemy, acts and omissions of any governmental authority,
declared or undeclared wars, riots, terrorism, strikes, floods, earthquakes,
storms, epidemics, fires or other natural calamities, Hanson shall limit
blasting events to the hours of 10:00 a.m. to 4:00 p.m., Monday through
Friday and shall not conduct blasting events on Saturday or on Sunday. A
"blasting event" means any use of a substance in a manner intended to
cause an explosion.
f. Hours of Operation of Crushing Equipment. Hanson shall limit
the operation of all crushing equipment to the hours of 6:00 a.m. to 9:00
p.m., Monday through Saturday and 1:00 p.m. to 9:00 p.m. on Sunday.
g. Low - Frequency Alarms. Hanson shall install low- frequency
back -up alarms on all machinery and equipment for which back -up alarms
are required by law or regulation.
5. Renovation of Primary Crusher and Maintenance of Processing Plant. During
the Excavation Period, as soon as practicable, Hanson shall renovate the primary
crusher at a location that is away from Crabtree Creek and that is, at a minimum,
0
Hanson Crabtree Quarry Expansion - Page 162 of 318

fifty (50) feet below the current grade surface level and at which the wall of the
Excavation Pit will function as a noise baffle_
6. Relocation of Access Point. Hanson may relocate its access point to Crabtree
Quarry as depicted in Exhibit 6. No later than one hundred and twenty (120) days
following the receipt of any and all federal, state and local approvals necessary to
re- locate the point of ingress /egress to Crabtree Quarry from Duraleigh Road,
Hanson shall install landscaping at the location of the current point of ingress /egress
and future point of ingress /egress to the Property from Duraleigh Road in
accordance with the plan attached hereto as Exhibit 6.
7. Activities and Limits on Use of Property South of Crabtree Creek; Waiver
and/or Relinquishment of Claims or Rights to Use Property South of Crabtree
Creek.
a. Hanson shall not use the portion of the Property south of Crabtree
Creek except as specifically set forth herein.
b. Hanson waives and relinquishes any claim or rights of any sort that
it might possess that the portion of the Property south of Crabtree Creek
constitutes a pre- existing non - conforming use except to the extent set out
in this Settlement Agreement.
C. Settling Ponds and Temporary Stockpile Area. During the
Excavation Period, Hanson may continue to use, operate and maintain the
existing settling ponds as part of its on -going operations and consistent
with past practice, but shall not expand the existing settling ponds.
Sediment removed from the settling ponds may continue to be stockpiled
temporarily in the Temporary Stockpile Area. Hanson shall restrict the
height of stockpiles to comply with current and future City ordinances
governing stockpile height. Stockpiling shall occur only in the Temporary
Stockpile Area. The parties specifically acknowledge that nothing in this
Settlement Agreement prevents stockpiled materials taken from the
settling ponds from being used as fill material as a part of the reclamation
process when a settling pond is removed or when the Reclamation Plan is
implemented at the end of the Excavation Period.
Hanson may maintain the existing pipe from the slurry pump to the
settling pond in the location that is shown on Exhibit 1, but may not
expand it or relocate it to any other place within the Buffer Zone described
below. If Hanson's activities concerning the pipe require disturbing
topsoil, then Hanson shall complete those activities as promptly as
possible and shall restore the area as nearly as possible to the condition
that existed prior to commencing its work.
If Hanson installs a settling pond for use in mining operations on the
Northern Property or on the NCDOT land, Hanson shall reduce the
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Hanson Crabtree Quarry Expansion - Page 163 of 318

footprint of its operations south of Crabtree Creek by an equivalent square
footage. However, to the extent that Hanson is required, by federal, North
Carolina, or local law or regulation to install a stormwater control or
management device on the Northern Property or the NCDOT land,
Hanson shall not be required to reduce the footprint of its operations south
of Crabtree Creek by an equivalent square footage.
d. Excavation Limited. No excavation of Aggregate shall occur
from the surface of the Property located south of Crabtree Creek except
for: i) removal of materials taken from the settling ponds located south of
Crabtree Creek and stockpiled in the Temporary Stockpile Area; or ii)
removal of materials necessary to maintain the existing settling ponds
within the area specifically designated for the settling ponds on Exhibit 1
and as previously allowed by the City.
e. Hanson agrees that no non - conforming use status applies to the
portion of the Property assigned PIN number 0786308569.
V
. Mining Permit Restrictions; Tree Preservation South of
Crabtree Creek. Hanson shall modify the Mining Permit, and
specifically the mining plan, to classify the portion of the Property south
of Crabtree Creek, except for that area in which the settling ponds,
Temporary Stockpile Area, and existing one -lane driveways are located,
as Buffer Zone in which no blasting, excavation, tree removal, or activity
inconsistent with applicable zoning regulations shall occur, except as set
forth herein ( "Buffer Zone "). Such modification will conform to the area
identified as Buffer Zone on Exhibit 1 hereto.
Hanson shall maintain the undisturbed vegetated buffer a minimum of 100
feet in width, as shown on Exhibit 1. existing as of the Effective Date,
around the perimeter of the portion of Property located south of Crabtree
Creek throughout the Excavation Period, except at such locations where
the City may remove vegetation for the construction and maintenance of a
greenway pursuant to rights granted in Section D of this Agreement. It is
the parties' intent that the undisturbed vegetated buffer continue to provide
visual screening of the settling ponds and the Temporary Stockpile Area.
Hanson shall preserve the 100' vegetated buffer until the Reclamation
Period ends and shall remove trees or vegetation only when the material is
diseased or dead, or when the City's Chief Arborist determines that it is
necessary to preserve the health of the 100' vegetated buffer or areas
surrounding it.
Except as allowed for greenway construction and maintenance by the City,
any tree removal conducted within the Buffer Zone shall be in compliance
with the Mining Permit and shall comply with applicable City regulations
in place at the time of removal, and any removal of trees within the Buffer
Area prior to the end of the Reclamation Period shall be in conformance
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Hanson Crabtree Quarry Expansion - Page 164 of 318

with a written Forestry Management Plan approved by the City's Chief
Arborist. The Forestry Management Plan shall allow thinning and other
forestry activities that protect the health of the trees within the Buffer
Zone and if required in order to use the one -lane driveways effectively or
safely, may also allow trimming or removal of trees that abut or overhang
those driveways.
Notwithstanding the foregoing, in the event Hanson desires to sell any
portion of the Property classified as Buffer Zone to an unaffiliated entity
for a purpose, other than for forestry or timbering, that is consistent
with the underlying zoning or with the City of Raleigh Comprehensive
Plan in effect at the time of the sale, such sale shall not violate the terms of
this Settlement Agreement.
g. Use of Southernmost Driveway. Hanson shall limit ingress and
egress from its southernmost driveway to the period 7:00 a.m. through
5:00 p.m., Monday through Friday, except as necessary to address
emergencies or events or causes beyond its reasonable control. The
parties also specifically acknowledge that dust suppression requirements
described herein apply to vehicles entering or exiting the southernmost
driveway.
8. Reclamation and Remediation. At the end of the Excavation Period, Hanson shall
immediately begin work to implement the Reclamation Plan. Hanson's reclamation
and remediation shall at minimum comply with the requirements of Mining Permit,
the N.C. Mining Act, and federal and State environmental laws and regulations
applicable at the time of reclamation and remediation. To this end, Hanson shall
remediate all known environmental conditions that have resulted from the use of the
Property by Hanson or its predecessors in interest for mining operations in
accordance with applicable regulatory requirements prior to the conveyance of the
Northern Property contemplated by paragraph C(3) hereof.
In addition, Hanson shall reclaim the portion of the Property south of Crabtree
Creek so that it is suitable for use compatible with the underlying zoning
classification in place at the time of reclamation.
Under this Settlement Agreement and in accordance with the City's prior zoning
interpretations, Hanson is permitted to stockpile materials removed from the settling
ponds temporarily in the Temporary Stockpile Area. Any stockpiled material
remaining at the end of the Excavation Period and not used as fill as a part of
reclamation shall be removed from the Property by Hanson.
Hanson shall complete all reclamation and remediation of the Property within a
reasonable time after work begins, in accordance with all applicable laws and
regulations, and no later than the termination of the Reclamation Period.
9. Environmental Permit Renewals and Modifications. If Hanson requests a
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Hanson Crabtree Quarry Expansion - Page 165 of 318

renewal of or modification to any of its environmental permits, Hanson shall not
request a permit condition that would impose a more lenient standard relating to
dust or noise than any such standard set forth in this Settlement Agreement or
otherwise in effect at the time of the request.
10. Community Outreach. As of the Effective Date, Hanson shall implement the
following community outreach activities:
a. Hanson shall maintain a call list / e -mail list by which to notify any
property owners within 2,500 feet of the Property, who request
notification, prior to blasting events.
b. Hanson shall establish and maintain a website, accessible to the
public, on which seismographic information and data shall be posted.
C. Hanson shall establish a Neighborhood Advisory Group consisting
of residents from the surrounding neighborhoods and shall meet with such
group two times per year at the request of the group, or fewer if no such
meeting is requested. Hanson shall give careful consideration to concerns
and suggestions from the Neighborhood Advisory Group.
d. Hanson shall implement and maintain a Protocol for Investigating
Blasting Complaints and Binding Arbitration Program similar to that
outlined in Exhibit 7 to address complaints arising from damages allegedly
caused by operations at the Property.
These community outreach activities shall continue throughout both the Excavation
Period and the Reclamation Period.
11. Dust Mitigation.
a. Dust Control Guidance Plan. Upon the Effective Date, Hanson
shall implement the Crabtree Quarry Dust Control Guidance Plan, a copy
of which is attached as Exhibit 8.
b. Opacity Standards. Hanson shall comply with applicable opacity
standards set forth in federal regulations regardless of any exception that
might otherwise apply.
C. Load Covers. For all trucks entering Crabtree Quarry, Hanson
shall ensure that any trucks leaving the Property have a working,
functioning load cover. Any such truck that does not have a functioning
load cover shall not be loaded by Hanson. Hanson shall use best efforts to
ensure that the loads of all trucks exiting Crabtree Quarry are covered.
Hanson shall also install signs on the Property stating that all loads must
be covered and that all violations related to load covers will be reported to
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N. C. D.M.V. Enforcement. Hanson shall instruct employees to report
all violations related to load covers to site management who will, in turn,
report such violations to N.C. D.M.V. or another State agency that
regulates motor vehicles.
C. Mining Permit Limitation. Hanson shall not request any
modification to the Mining Permit, or any raining permit hereinafter
issued to Hanson, that reduces or relaxes any standard applicable to dust
control or mitigation.
D. Greenwav Terms. Conservation Easement, and Nature Preserve
1. Dedication and Conveyance of Permanent Greenway Easement East and West of
Duraleigh Road
On the Effective Date, Hanson shall execute the easement agreement attached hereto as
Exhibit 9, conveying to the City a permanent greenway easement along the south bank of
Crabtree Creek, east of Duraleigh Road and, in addition, a permanent greenway easement
providing trail access to the multipurpose pathway along Duraleigh Road. These
easements are more particularly identified as "NEW CITY OF RALEIGH GREENWAY
EASEMENT ", comprising 22,585 sq.ft. (0.519 acres); 157,968 sq. ft. (3.626 acres); and
46,296 sq.ft. (1.063 acres) as shown and described on that exhibit plat entitled,
"EASEMENT ACQUISITION MAP FOR CRABTREE CREEK GREENWAY ", sheets
1 of 3, 2 of 3, and 3 of 3, respectively, prepared by Stewart Engineering Company, and
attached hereto as a part of Exhibit 9. The minimum width of the Permanent Greenway
Easement shall be 100 feet from the top of the bank of Crabtree Creek.
2. Dedication of Conservation Easement (Preservation of Catawba Rhododendron).
On the Effective Date, Hanson shall execute the easement agreement attached hereto as
Exhibit 10, conveying to the City a conservation easement to protect an approximately
0.96 acre tract along the southern bank of Crabtree Creek. This conservation easement is
more particularly identified Being the easement area identified as "NEW CITY OF
RALEIGH CONSERVATION EASEMENT ", comprising 41,716 sq. ft. (0.958 acre) as
shown and described on that exhibit plat entitled, "EASEMENT ACQUISITION MAP
FOR CRABTREE CREEK GREENWAY ", sheet 1 of 2 and 2 of 2, respectively,
prepared by Stewart Engineering Company, and attached hereto as a part of Exhibit 10.
3. Dedication and Conveyance of Temporary and Provisional Easement for Greenway
Purpose
On the Effective Date, Hanson shall execute (and the City shall join in execution thereof
for purposes of affirming its consent thereto) the easement agreement attached hereto as
Exhibit 11. conveying a Temporary and Provisional Greenway Easement extending
generally westward across the southern portions of the Property from Duraleigh Road to
Richland Creek and generally northward along Richland Creek ( "Temporary and
Provisional Greenway Easement "). These easements are more particularly identified as
11
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Being those easement areas identified as "NEW CITY OF RALEIGH GREENWAY
EASEMENT ", comprising 46,921 sq.ft. (1.007 acres); 4,809 sq. ft. (.110 acre); 88,130
sq.ft. (2.032 acres); and 86,643 sq. ft. (1.989 acres), as shown and described on that
exhibit plat entitled, "EASEMENT ACQUISITION MAP FOR CRABTREE CREEK
GREENWAY", sheets 1 of 4, 2 of 4, 3 of 4, and 4 or 4, respectively, prepared by Stewart
Engineering Company, and attached hereto as a part of Exhibit 11.
In accordance with express provisions of the. Temporary and Provisional Greenway
Easement, the Temporary and Provisional Greenway Easement shall expire at the earlier
of. i) the opening to the public of the Permanent Greenway Easement contemplated by
paragraph D(4); or ii) eighteen months after the expiration of the Reclamation Period.
The City shall construct and fence the greenway trails within the Temporary and
Provisional Greenway Easement at its own risk, such that, in the event this Settlement
Agreement fails as contemplated by paragraph E(12), the City shall be solely responsible
for the removal of any greenway trails then installed on the Property and any necessary
restoration of the Property within nine (9) months of the failure of the Settlement
Agreement.
4. Dedication and Conveyance of Permanent and Provisional Greenway Easement
South of Crabtree Creek
On the Effective Date, Hanson shall execute the easement agreement attached hereto as
Exhibit 12, conveying to the City a permanent greenway easement along the south bank
of Crabtree Creek, more particularly identified as "NEW CITY OF RALEIGH
GREENWAY EASEMENT," comprising 329,204 sq. ft. (7.558 acres) as shown and
described on that exhibit plat entitled, "EASEMENT ACQUISITION MAP FOR
CRABTREE CREEK GREENWAY", sheet 1 of 3, 2 of 3, and 3 of 3, respectively,
prepared by Stewart Engineering Company, and attached hereto as a part of Exhibit 12.
The minimum width of the Permanent Greenway Easement shall be 100 feet from the top
of the bank of Crabtree Creek. In accordance with express provisions of the permanent
greenway easement, the City agrees that it will have limited access to and will not operate
a greenway on this easement until the expiration of the Reclamation Period.
5. Nature Preserve Area
On the Effective Date, Hanson shall execute the instrument attached hereto as Exhibit 13,
conveying by Special Warranty Deed a fee simple interest to the City the approximate
7.46 acre portion of the Property located near the confluence of Crabtree and Richland
Creeks ( "Nature Preserve Area "), more particularly identified Being that parcel identified
as "NEW CITY OF RALEIGH NATURE PRESERVE AREA" as shown and described
on that exhibit plat entitled, "EASEMENT ACQUISITION MAP FOR CRABTREE
CREEK GREENWAY", sheet 1 of 2 and 2 of 2, respectively, prepared by Stewart
Engineering Company, and attached hereto as a part of Exhibit 13, to be used solely for
purposes of a nature preserve and conservation and as part of the Crabtree Creek
Greenway project.
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6. Use and Maintenance of Temporary and Permanent Greenway Easements
Except as otherwise set forth herein, City shall be solely responsible for the construction,
operation and maintenance of Greenway trails, and other rights and interests under its
Greenway easement within the Temporary or Provisional Easements and Permanent
Easements located on property of Hanson. City shall secure all temporary and permanent
easements with fencing acceptable to Hanson to discourage and prevent users of the
Temporary or Provisional Easements from trespassing on those portions of the Property
in which Hanson conducts business operations. The parties acknowledge that a six (6)
foot high chain link fence is generally acceptable to Hanson.
7. Noise, Dust and Vibration Easement.
The City agrees to the inclusion of the following language of reservation in those
instruments conveying the interests described in paragraphs D(1), (2), (3), and (5) of this
Agreement:
"The Grantor expressly excepts from the provisions of the linsert instrument name] and,
for its successors and assigns, reserves the right to cause vibrations, noise, dust,
particulates, debris, and other similar materials and odors to be in the air above, descend
upon, go across, or go through the [insert name] Area, and in general to subject the
[insert name] Area to all similar consequences arising from the location and operation in
the vicinity of the [insert name] Area of the Crabtree Quarry and any related activities,
including without limitation equipment operation and truck traffic at, to and from
Crabtree Quarry. By accepting this grant of [insert instrument name], the City hereby
subordinates its rights under the [insert instrument name] to those of the Grantor relating
to noise, dust, and vibration as enumerated above ( "Noise, Dust, and Vibration
Exception "). Notwithstanding the foregoing, nothing contained herein shall be construed
to allow Grantor's vehicles, equipment, employees or customers to physically enter the
`insert name] Area or to conduct mining operations thereon. This Noise, Dust and
Vibration Exception shall terminate upon the expiration of the Reclamation Period, as
defined in that agreement between Grantor and the City dated (ref: DB
PG , WCR)."
E. Miscellaneous
1. Covenant as to Ownership of the Property,
Hanson covenants that it owns all portions of the Property in fee simple absolute.
2. City's Right to Verify Reserves and Audit Excavation.
The City and Hanson acknowledge that the City is subject to the North Carolina Public
Records Act, NCGS 132 -1 et seq., and specifically, those provisions of the Act
concerning the definition of public records, and requirements for disclosure thereof. The
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Hanson Crabtree Quarry Expansion - Page 169 of 318

City and Hanson further acknowledge that statutory penalties for violation of the Public
Records Act would be imposed against the City and its officers, and may be substantial.
With respect to any information, reports, calculations, data, inspection reports, or other
documentation provided by Hanson to the City or its representatives, and specifically to
any independent expert under provisions hereof ( "Provided Information "), it shall be the
responsibility of Hanson to indicate (prior to submission and in the form required by law)
that such Provided Information is claimed by Hanson to constitute a "trade secret" under
NCGS 66- 152(3), and is consequently exempted and protected from the disclosure
requirement of the law. Hanson acknowledges and agrees that, upon receiving Provided
Information which is claimed to constitute a Trade Secret, the City shall take any and all
actions necessary to comply with applicable federal, state, and local laws concerning
public records.
If a third party challenges any trade secret protection claimed by Hanson in association
with a discovery request or public records request, City will promptly notify Hanson of
the challenge. Before disclosing the information City: (a) must allow Hanson an
opportunity to support its trade secret assertion by seeking injunctive relief to prevent
City's disclosure of such information within forty -eight (48) hours of receiving
notification from City of the challenge; or (b) allow Hanson to affirmatively respond in
writing that it no longer makes a trade secret assertion for the information. If Hanson
does not respond in the manner set forth above within forty -eight (48) hours of receiving
notice from City of the challenge to the trade secrets assertion, the City may release the
material without penalty.
If, following notice of the challenge, Hanson maintains that the information described
above remains a trade secret, Hanson shall provide the City with a detailed legal
justification of the trade secrets assertion under North Carolina law. Hanson agrees to
indemnify, defend, and hold harmless the City from any costs associated with the City's
withholding of information indicated by the Hanson as a trade secret (including, without
limitation, reasonable attorney's fees borne by the City and any penalties or costs borne
by the City in the matter, including, but not limited to, any award of attorney's fees
against the City in favor of the party making the request for public information).
No later than February 1 of each year, Hanson shall prepare a report documenting the
total amount of Aggregate removed from the Property during the prior calendar year.
This report, which shall remain on premises at Hanson's office location in Wake County,
shall be made available for the City's inspection upon twenty -four (24) hour advance
notice. The report, and supporting documentation, shall constitute Provided Information
and may be designated and indicated by Hanson as a trade secret on the terms and
conditions described above.
The City may employ an independent expert to verify that 30,000,000 tons of Aggregate
remains within Excavation Pit. Should the City employ an independent expert, the parties
acknowledge that any supporting documentation provided to such expert by Hanson,
shall constitute Provided Information and may be designated and indicated by Hanson as
a trade secret on the terms and conditions described above.
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The City may employ an independent expert to audit Hanson's records concerning the
amount of Aggregate removed from the Property. The City shall provide Hanson with
thirty (30) days written notice of the audit. The expert shall produce a report to the City
showing the period audited, containing the total amount of Aggregate removed during
that period, and describing in detail any discrepancies or exceptions that the audit
revealed. Discrepancies involving less than 25,000 tons of Aggregate shall be considered
de minimis. Such discrepancies shall be added to or subtracted from, as the case may be,
the total aggregate removed from Crabtree Quarry so that no more than 30 million tons
shall be removed. The audit report (and supporting documentation) shall constitute
Provided Information and may be designated and indicated by Hanson as a trade secret
on the terms and conditions described above. The parties acknowledge that Hanson has
indicated an intent to designate these materials as a trade secret.
Hanson shall cooperate with any expert employed by the City to carry out activities
described in this section. Hanson shall make available all relevant business records
requested by the expert within a reasonable time after the request.
If the parties dispute the amount of Aggregate removed during any audit period, the
parties and any experts employed by them shall confer in good faith and use their best
efforts to resolve any disputes.
3. No Admission. Hanson and the City agree and understand that this Settlement
Agreement, subject to North Carolina General Statute § 1C -1, Rule 408, and the
settlement terms set out above are solely for purposes of settlement and are a compromise
of the dispute between the City and Hanson. Hanson and the City agree to the entry of
this Settlement Agreement, but this Settlement Agreement shall be not be deemed an
admission of any fact or position at law except and solely as necessary for enforcement of
this Settlement Agreement. The Parties have entered into this Settlement Agreement
solely to avoid the expense, uncertainty and inconvenience of litigation.
4. Injunctive Relief. Hanson and the City agree and understand that the terms of this
Settlement Agreement may be enforced by either Party by action for specific
performance, injunctive relief, or other remedy as by law provided or as set forth herein.
5. Remedies Cumulative. The remedies contained herein shall be cumulative and asserting
a particular remedy shall not preclude a party from asserting any other rights or seeking
any other remedies against any other party as provided herein or by applicable law.
6. Cooperation. Hanson and the City agree that should this Settlement Agreement be
challenged or appealed in a court of law or otherwise, Hanson and the City shall
cooperate in the defense of the Settlement Agreement. Hanson and the City will
vigorously defend this Settlement Agreement. Hanson further agrees that it shall provide
competent attorneys to defend the Settlement Agreement and that it shall pursue all
appeals and petitions available to it or to the City to challenge any adverse decision. In
addition, Hanson and the City agree that the City shall cooperate and shall not interfere
15
Hanson Crabtree Quarry Expansion - Page 171 of 318

with Hanson's efforts to renew its lease with the N.C. Department of Transportation
during the Excavation Period, so long as such renewal or modification is consistent with
the terms hereof.
Hanson and the City agree to execute any supplementary documents necessary to put the
terms of this Settlement Agreement into effect.
7. Release of All Claims Against City. Hanson, for itself and for its representatives,
agents, successors and assigns, unconditionally and forever releases the City, its
employees, its officers, and its elected officials of and from any and all actions,
compensation, claims, including claims for attorneys' fees, interest, costs, damages,
debts, expenses, suits at law or in equity, and demands of any description, whether known
or unknown, now existing or which may hereafter accrue, arising out of any matter or
thing done, omitted, or suffered to be done by any of the persons, firms, or corporations
herein released before, up to, and including the date of this Settlement Agreement on
account of any violations of right, injuries, losses, breaches of contract, or damage of any
kind, related in any way to the use of the Property, zoning restrictions on the Property,
the City's enforcement actions concerning the Property, or public records requests made
by or on behalf of Hanson, all occurring at any time prior to the Effective Date.
However, nothing in this release relinquishes Hanson's rights under this Settlement
Agreement.
8. Attorney's Fees. This Settlement Agreement resolves any claim for attorney's fees or
costs as between Hanson and the City, its employees, its officers, and its elected officials
related to the matters described in the Release of All Claims Against City and those
described in this Settlement Agreement. Each party shall bear its own attorney's fees and
costs.
9. Waiver of Rights. Hanson waives any rights it may have to use the Property as a non-
conforming use except as provided in this Settlement Agreement and the attachments to
it. Hanson specifically relinquishes and abandons any claim to use the portion of the
Property to the south of Crabtree Creek as a non - conforming use except for the use of the
settling ponds and Temporary Storage Area as set forth in this Settlement Agreement.
Hanson agrees that no non - conforming use status applies to the portion of the Property
assigned PIN numbers 0786308569, 0786512559, and 0786620033. Hanson further
agrees that the permissible scope of the non - conforming use of the Property is only as set
out in this Settlement Agreement and its attachments.
10. Full and Final Resolution. It is the intent of the parties that this Settlement Agreement
fully, finally, and forever ends all disputes about the non - conforming status of all
portions of the Crabtree Quarry, including the Property. Neither this Settlement
Agreement, nor any provision hereof, may be waived, modified, amended, discharged or
terminated except by written instrument signed by the City and Hanson.
11. Withdrawal of BOA Appeal. Within 45 days after the Effective Date, Hanson shall
withdraw its pending Board of Adjustment appeal so long as no appeal is taken from
16
Hanson Crabtree Quarry Expansion - Page 172 of 318

Exhibit 2. If any appeal is taken from Exhibit 2, then Hanson shall withdraw its pending
Board of Adjustment appeal within 45 days after a final resolution of all of the challenges
to Exhibit 2 that substantially upholds the terms contained in Exhibit 2.
12. Non- severability. If any part of this Settlement Agreement is determined is held to be
illegal, invalid, or unenforceable under any current law or regulation, then the entire
Settlement Agreement shall be null and void and shall have no force and effect.
13. Bind and Benefit. The terms and conditions contained in this Settlement Agreement will
bind and inure to the benefit of the Parties and their respective representatives, successors
and assigns, including, but not limited to any and all future owners of the Property.
14. No Waiver. The failure of the City or Hanson or their successors or assigns to enforce any
covenant, condition, or restriction herein contained shall in no event be deemed a waiver
by the City or Hanson or their successors or assigns of their rights to thereafter enforce the
same nor shall any liability attach to the City or to Hanson for failure to enforce any
provision of this Settlement Agreement.
15. Declaration of Covenants, Conditions and Restrictions. Hanson and the City shall
cause to be recorded with the Wake County Register of Deeds the Declaration of
Covenants, Conditions and Restrictions attached as Exhibit 14 setting forth the terms and
conditions hereof that run with the land and that will bind future owners of the Property.
IN WITNESS WHEREOF, Hanson and the City have executed the foregoing, under seal, by
the signatures of their respective, duly authorized officers, the day and year first above written.
Hanson Aggregates Southeast, LLC
By:
Its: V1 +&tit I 64f w r.A 1 Va-Yl Tr
r U
Attest:
V
17
Hanson Crabtree Quarry Expansion - Page 173 of 318

The City of Raleigh
By: ^ �'
CiAMa Attest: C iTreasurer
U�
\NTH C A�%
18
Hanson Crabtree Quarry Expansion - Page 174 of 318

Exhibits
Exhibit 1:
Operation Plan
Exhibit 2:
Memorandum of Opinion
Exhibit 3:
Option Agreement - Property to be Conveyed to City
Exhibit 4:
Berm, Northern Boundary
Exhibit 5:
Blasting Limits
Exhibit 6:
Entrance Relocation and Landscaping
Exhibit 7:
Arbitration Protocol
Exhibit 8:
Dust Control Guidance Plan
Exhibit 9:
Crabtree Creek East of Duraleigh Greenway Easement
Exhibit 10:
Conservation Easement
Exhibit 11:
Temporary and Provisional Greenway Easement
Exhibit 12:
Permanent Greenway Easement South of Crabtree Creek
Exhibit 13:
Nature Preserve Area
Exhibit 14:
Declaration of Covenants, Conditions, and Restrictions
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Hanson Crabtree Quarry Expansion - Page 175 of 318

Exhibits
Exhibit 1:
Operation Plan
Exhibit 2:
Memorandum of Opinion
Exhibit 3:
Option Agreement - Property to be Conveyed to City
Exhibit 4:
Berm, Northern Boundary
Exhibit 5:
Blasting Limits
Exhibit 6:
Entrance Relocation and Landscaping
Exhibit 7:
Arbitration Protocol
Exhibit S:
Dust Control Guidance Plan
Exhibit 9:
Crabtree Creek East of Duraleigh Greenway Easement
Exhibit 10:
Conservation Easement
Exhibit 11:
Temporary and Provisional Greenway Easement
Exhibit 12:
Permanent Greenway Easement South of Crabtree Creek
Exhibit 13:
Nature Preserve Area
Exhibit 14:
Declaration of Covenants, Conditions, and Restrictions
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Hanson Crabtree Quarry Expansion - Page 176 of 318

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Zoning Division
One Exchange Plaza, Suite 300
Raleigh, North Carolina 27601
Phone 919 - 996 -2626
City of Raleigh Official Zoning Code Interpretation
Requested Interpretation
1. What is the permissible scope of the nonconformity of Hanson Aggregates Southeast, LLC at its real property t_7 -2014
situated in the vicinity of Crabtree and Richland Creeks, adjacent to Duraleigh Road in Raleigh, NC more
particularly described as PIN 0786349208, 0786308569, 0786512559, 0786620033, and 0786554037 (the
"Property ")? We believe that Article 10.3 of the Unified Development Ordinance contains the relevant Code
provisions. A proposed zoning interpretation detailing our analysis is enclosed for your consideration and use. If
you concur with this analysis, we respectfully ask that you consider adopting it as the proper zoning interpretation
of the Unified Development Ordinance under these facts.
2. In light of your interpretation about the permissible scope of Hanson Aggregates' nonconformity, are the terms of
the attached Settlement Agreement between Hanson Aggregates and the City of Raleigh consistent with applicable
zoning ordinances?
Site AddresslPIN: 0786349208, 0786308569, 0786512559, 0786620033, and 0786554037
Date Submitted: 30 January 2014 1 Date Issued: 6 February 2014
See attached entitled "Zoning Interpretation /Determination — Crabtree Quarry" and Appendicies
See attached entitled "Zoning InterpretationlDetermination — Crabtree Quarry' and Append icies
t
Travis R. Crane, Planning and Zoning Administrator
Code Sections Affected: 10.3
OFFICIAL INTERPRETATION 1 12.05.13
Hanson Crabtree Quarry Expansion - Page 178 of 318

CITY OF RALEIGH
MEMORANDUM
To: Dorothy K. Leapley, Deputy City Attorney
From: Travis R. Crane, Planning and Zoning
Administrator
Date: February 6, 2014
Re: Memorandum of Opinion on City of
Raleigh's Code Interpretation Request
CC: Thomas A. McCormick, City Attorney
On January 30, 2014, the City of Raleigh submitted a Code Interpretation Request seeking an
interpretation on the following issues:
1. What is the permissible scope of the nonconformity of Hanson Aggregates Southeast,
LLC at its real property situated in the vicinity of Crabtree and Richland Creeks, adjacent
to Duraleigh Road in Raleigh, NC more particularly described as PIN 0786349208,
0786308569, 0786512559, 0786620033, and 0786554037 (the "Property ")? We believe
that Article 10.3 of the Unified Development Ordinance contains the relevant Code
provisions. A proposed zoning interpretation detailing our analysis is enclosed for your
consideration and use. If you concur with this analysis, we respectfully ask that you
consider adopting it as the proper zoning interpretation of the Unified Development
Ordinance under these facts.
2. In light of your interpretation about the permissible scope of Hanson Aggregates'
nonconformity, are the terms of the attached Settlement Agreement between Hanson
Aggregates and the City of Raleigh consistent with applicable zoning ordinances?
Section 10.2.14 of the Unified Development Ordinance allows the City to submit such a request.
I have reviewed the relevant text of the Unified Development Ordinance, the Official Zoning
Map, and other relevant information. After careful consideration, I adopt the Zoning
Interpretation/Determination attached as Exhibit A to this Memorandum of Opinion and
incorporate it herein by reference as the official Zoning Code Interpretation/Determination of
this office. I do so in the exercise of my independent judgment regarding the proper
interpretation and application of the Unified Development Ordinance under these facts. I have
also reviewed the terms of the Settlement Agreement that was submitted to me and considered
them in light of the relevant text of the Unified Development Ordinance, the Official Zoning
Map, and other relevant information. The terms of that Settlement Agreement are consistent
with Article I0.3 of the Unified Development Ordinance.
This decision is issued in accordance with Section 10.2.14.C.2 of the Unified Development
Ordinance and the property owner has been notified of the decision by e -mail to its counsel
( GStvers(a�,stverskemerait.com). This decision is also being publicly noticed and available for
Hanson Crabtree Quarry Expansion - Page 179 of 318

public inspection pursuant to Article 10.2. As provided in Section 10.2.14.C.3, any appeal of this
written interpretation shall be made to the Board of Adjustment in accordance with Section
10.2.11 of the Unified Development Ordinance within 30 days after the date this written
interpretation was decided.
Hanson Crabtree Quarry Expansion - Page 180 of 318

Zoning Interp7retation/Determination — Crabtree Quarry
I. Summary of Interpretation/Determination
The City of Raleigh ( "City ") has long recognized that Crabtree Quarry operates at its
current location as a nonconforming use. Over the last four decades the City and the owners of
the quarry have disputed the scope of the lawful nonconformity, and litigation is pending on this
issue. In order to resolve the longstanding legal dispute, the owner of Crabtree Quarry and the
City have entered into a settlement agreement related to the operation of the quarry (the
"Settlement Agreement "). The purpose of this document is to set out my zoning interpretations
concerning the quarry and to measure the parties' Settlement Agreement against my
interpretations.
It is my determination that the terms of the Settlement Agreement relating to the Northern
Assemblage are within the scope of the lawful nonconforming use at Crabtree Quarry or are
allowed by the nonconforming use provisions contained in the current Raleigh City Unified
Development Ordinance (the "UDO "). On July 4, 1985 Chief Zoning Inspector Hardy Watkins
issued a determination concerning mining activity on the Southern Tract. It is my determination
that the terms of the parties' Settlement Agreement concerning activities on the Southern Tract
are consistent with Mr. Watkins' prior decision. It is my determination that the terms of the
Settlement Agreement relating to Crabtree Quarry, described herein, contemplate and allow for
the continuation of the lawful nonconforming use and are consistent with the City's policy that
"any lawfully existing nonconforming use may continue in operation on the same land area ...
that was occupied by the nonconforming use on the date the use first became a nonconforming
use" as set forth in section 10.3.2(A)(1) of the UDO. Accordingly, all of the continuation,
improvements, maintenance, repairs, and renovations contemplated for Crabtree Quarry by the
Settlement Agreement are authorized as allowed for a lawful pre - existing nonconformity and/or
by sections 10.3.2, 10.3.3, 10.3.4 of the UDO.
Finally, I further find that the term of the Settlement Agreement that the excavation of
aggregate from the quarry shall cease on the earlier of thirty -eight (38) years or the removal of
30 million tons of Aggregate constitutes an amortization of the nonconforming use and ultimate
end of this nonconformity.' The other terms of the Settlement Agreement, which allow for the
maintenance, improvements, repairs, and renovations of certain aspects of the accessory
structures, berms, landscaping, and access point to the quarry are appropriate and necessary in
order to allow for the continued operation during this amortization period.
IL Background
Hanson Aggregates Southeast, LLC ( "Hanson" or the "Company ") currently owns an
assemblage of real property situated in the vicinity of Crabtree and Richland Creeks, adjacent to
' Any reference herein to a "thirty-eight year" amortization period shall also include by implication the further
limitation of the removal of 30 million tons of Aggregate, whichever occurs first.
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Page 2 of 15
Duraleigh Road in Raleigh, North Carolina more particularly identified, in the aggregate, as PIN
0786349208 as well as PIN 0786554037, PIN 0786308569, PIN 0786512559, and PIN
0786620033 (the "Property" )? The Property is bisected by Crabtree Creek. Additionally, a
portion of the Property is located east of Duraleigh Road.3 Those parcels in the assemblage that
are located north of Crabtree Creek and west of Duraleigh Road are referred to throughout as the
"Northern Assemblage." Those properties located south and west of Crabtree Creek are referred
to throughout as the "Southern Tract."
Since the 1940s, portions of the Property have been used for the excavation and
processing of granite (the "Crabtree Quarry ") without interruption and with the knowledge of
Wake County and the City. Open pit mining of aggregate currently occurs on the Northern
Assemblage (the "Pit "). The normal operation of the Crabtree Quarry over the decades has
involved the leasing and acquisition of granite reserves through the assemblage of adjoining
properties. Today, the Crabtree Quarry constitutes an assemblage of reserves and buffer, as well
as the Pit and related processing facilities. Hanson and the prior owners /operators of the quarry
have considered all of the Northern Assemblage and much of the Southern Tract to be part of the
Crabtree Quarry, regardless of whether currently under excavation. All of the Northern
Assemblage and portions of the Southern Tract have been covered by various mining permits
issued by the State of North Carolina. Asset forth in the North Carolina Mining Act of 1971:
[n]o provision of this Article [the Mining Act] shall be construed to supersede or
otherwise affect or prevent the enforcement of any zoning regulation or ordinance
duly adopted by an incorporated city or county or by any agency or department of
the State of North Carolina, except insofar as a provision of said regulation or
ordinance is in direct conflict with this Article.
N.C. Gen. Stat. § 74 -65.
The parcels that constitute the Northern Assemblage have been used for the extraction of
granite beginning as early as the 1940s at a time when the County had no zoning regulations and
the assemblage was outside the zoning jurisdiction of the City. Thereafter, owners and operators
of the quarry secured their rights to mine on the properties surrounding the pit and to
accommodate continued extraction by lease or by outright acquisitions. Although many of the
Note that the assignment of PIN numbers is unrelated to the number of separate parcels that make up the
Property. Wake Tax Assessor Emmitt Curl informed Deputy City Attorney Dottie Leapley that for ease of
administration he combined parcels north and south of Crabtree Creek and applied a single PIN to the combined
tract. Tax records show that the change was made at the property owner's request, but Mr. Curl indicated to Ms.
Leapley that he and the property owner concurred in the decision. This did not constitute a recombination for land
use purposes, a point also concurred in by Hanson's predecessor, Benchmark Carolina Aggregates, in its May 30,
1996 letter to Mr. Curl, A GIS map showing the respective parcels and the PIN numbers currently attached to them
is attached as Appendix 4.
' A former Hanson representative, Ward Nye, was deposed during one of the lawsuits involving the
Property. Mr. Nye testified that Hanson could not and did not intend to mine properties to the east of Duraleigh
Road. The Settlement Agreement incorporates this position. It is my determination that the requirements of the
underlying R -4 zoning district apply to all property owned by Hanson that is located east of Duraleigh Road (PIN
0786620033 and PIN 0786512559). Hanson may not conduct mining activities on those parcels.
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Page 3 of 15
early leases or contractual arrangements were oral or are no longer available due to the passage
of time, a timeline of known acquisition dates, as well as supporting documentation, relating to
the Northern Assemblage, is attached hereto as Avnendix 1.4
The City acquired zoning jurisdiction over the Southern Tract in 1973 when it extended
its extraterritorial jurisdiction ( "ETJ') to Crabtree Creek and applied its R -4 zoning classification
to the land. This ETJ extension did not include any portion of the Northern Assemblage. On
February 17, 1981, the City extended its ETJ to include the Northern Assemblage and applied R-
4 zoning to it.
Both the 1973 and the 1981 Raleigh City Code allow the continuation of lawful
nonconforming uses. The scope of the nonconforming use of the Southern Tract has already
been determined. On July 24, 1985, then Chief Zoning Inspector Hardy Watkins issued a
decision that permitted the use of the sedimentation basins located on the Southern Tract as an
allowed use, but prohibited all other activities associated with quarrying anywhere on the
Southern Tract. According to Mr. Watkins' decision, the property owner could lawfully operate
the basins, which included periodically cleaning accumulated sediment from them and storing
the sediment. Neither the property owner, the City, nor any third party with standing filed an
appeal from Mr. Watkins' decision. Therefore, it is the City's position that Mr. Watkins'
decision became a final one that bound the property owner, the City, and any third party with
standing. S.T. Wooten Corp. v. Zebulon Board of Adjustment, 711 S.E.2d 158 (N.C. App.
2011).5
Wake County's zoning history concerning the Southern Tract is easier to discem than the
zoning history for the Northern Assemblage .b Based on information from Wake County
employees, I conclude that the Southern Tract was assigned residential zoning in 1960.
The parcels in the Northern Assemblage are identified by numbers (i.e., 1, 2, 3 ... )in Aonendix 1. This
system of parcel identification is used throughout this memo.
On July 6, 1990, Hanson's predecessor in interest purchased from a developer a roughly 16.5 acre tract
Iocated at the southern end of the Southern Tract. This property is assigned PIN 0786308569 in Wake County tax
records. The property was and is zoned R -6 and, according to the deposition testimony of Ward Nye, was purchased
to serve as a buffer. No nonconforming status applies to the property assigned PIN 0786308569 and that property
must comply with all current zoning requirements applicable to it.
Dottie Leapley was assigned to assist the City's zoning officials with issues relating to Crabtree Quarry in
the late 1990s. Early in her investigation concerning the Southern Tract, she met with officials from Wake County
and reviewed extant County records concerning the history of Wake County zoning for the Property. She met with
Stephen Sizemore from Wake County's planning office and asked only about the Southern Tract. She learned from
Mr. Sizemore that the County did not have a list of nonconformities pre - existing the County's zoning laws. Because
of the lack of historical records, Mr. Sizemore could not say definitively what zoning applied to the Property and
when that zoning was first applied. He told Ms. Leapley that the RF district applied to Research Triangle Park and
that he thought that the Property was most likely zoned R -20. He explained that the RR original zoning district
enacted in 1960 was soon divided into residential zoning districts —R -20, R -15, and R -12.
Ms. Leapley also met with Mitch Liles of Wake County GIS and learned from him that the Southern Tract
was zoned in its entirety in 1960, but the Northern Assemblage may not have been. Ms. Leapley recalls Mr. Liles
telling her that land to the north of Crabtree Creek was zoned at different times. She has Xerox copies of portions of
two old Wake County zoning maps that Mr. Liles copied for her. On one of the copies Mr. Liles marked the
Northern Assemblage area with a question mark and has written R -20 on the right side of the map.
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Page J of 15
Prior to 1981, the Northern Assemblage was located in a Wake County "zoning area"
created by the zoning ordinance adopted by the Wake County Board of Commissioners on
January 4, 1960 (the "Wake County Ordinance "). As set forth in the Wake County Ordinance,
attached as ADDendix 2, the Northwestern Wake County Zoning Area was established, and two
"classes of districts" were authorized for the Northwestern Wake County Zoning Area: Research
Farming ( "RF ") and Rural Residential ( "RR" ). Wake County Ordinance, Section I(1). The
ordinance provided that the "location and boundaries of the zoning district shall be as shown on a
map" purportedly approved with and declared to be a part of the ordinance. Section I(2). The
ordinance provided that "[djistrict boundary lines are intended to follow street, Iot or property
lines ... unless such district boundary lines are fixed by dimensions as shown on said map."
Section I(2).
However, extensive research of Wake County archives revealed no original zoning map
as approved by the Wake County Board of Commissioners on January 4, 1960. Research of the
Wake County archives revealed one map on which January 4, 1960 is handwritten at some
unknown time. Ms. Leapley recalls Mitch Liles with Wake County GIS telling her that the
original map had been drawn by hand and then was altered as zoning changed over time. A copy
of the "January 4, 1960" map as it exists today is attached as Appendix 2.1.
Because this map depicts more districts than RF and RR (and in fact does not identify RR
as a possible district) and consistent with what Mr. Liles told Ms. Leapley, I conclude that the
"January 4, 1960" map is not the original map in the form adopted by the County on January 4,
1960. Individual districts within the zoning area are evident on this map. However, there are no
individual district boundaries around or encompassing the Northern Assemblage. Research of
the Wake County archives revealed a second Wake County Zoning Map dated 1967, attached as
Appendix 2.2. Individual districts within the zoning area are evident on this map. However,
there are no individual district boundaries around or encompassing the Northern Assemblage.
The same is true for zoning maps dated 1969 and 1970, attached as Annendix 2.3 and Annendix
2_4, respectively. Research revealed no zoning maps dated 1971 through 1981, the date on
which the City extended its ETJ to the Northern Assemblage. Thus, while the Wake County
archives contain evidence that the Property was, in fact, included in the zoning area, there is a
lack of evidence that the Northern Assemblage was in fact included in a zoning district that
restricted use of the Northern Assemblage.7
The summary of amendments to the Wake County Ordinance and corresponding minutes
from the meeting of the County Commissioners, attached as Annendix 2.6, indicates that the
ordinance was amended— rather rapidly following the initial adoption —on 2/8160, 3/7160, and
The enabling legislation for the Wake County Ordinance, Chapter 1006 of the 1959 Session Laws of the
North Carolina General Assembly, attached as Annendix 2.5. addresses both "zoning areas" and "zoning districts."
Specifically, the legislation authorizes counties to divide their jurisdictional territory into "districts of such number,
shape and area as may be deemed best suited to carry out the purposes of [the legislation]" and allows the county to
regulate development within such districts. Additionally, the legislation authorizes counties to designate portions of
the counties as "zoning areas" where the governing body of the county determines that it is not necessary to zone the
entire county. Thus, the legislation expressly conceives of zoning areas and districts as two distinct elements of
zoning and regulation.
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Page 5 of 15
7/5/60 to create new classes of districts, including Industrial One, Industrial Two, Residence -20,
Residence -12 Residence -15, General Business, and Heavy Commercial. The initial creation of
the zoning area and two classes of districts with subsequent rather rapid amendment to create
additional classes of districts is reflective of the attitude within the County, at that time, to create
the zoning area as quickly as possible to accommodate the requests of the founders of the
Research Triangle Park to zone the area surrounding RTP. See, for example, the comment of
Mr. George Akers Moore, Jr., President of the Research Triangle Park, at the public hearing held
on January 4, 1960 set forth in Appendix 2. See also the minutes from the Wake County
Commissioners' meeting on November 16, 1959, attached as Appendix 2.7, at which Chairman
Haigh, in presenting the Commissioners with the recommendation of the Wake County Planning
Board regarding the ordinance, directed that the "necessary steps be taken to zone this area by
county ordinance as outlined in the County zoning laws as quickly as practical." At the
subsequent meeting on December 4, 1959, the minutes of which are included in Appendix 2.7.
Chairman Haigh stated that the Commissioners, in adopting the ordinance, were "primarily
trying to do immediately the thing that would give Research Triangle Park the protection it
needs...."
Thus, the existing Wake County archives reflect the desire of the County to create the
zoning area quickly, in response to the demands of the developers of RTP, and, subsequent to the
initial adoption of the ordinance, time was taken to create and adopt classes of districts and to
zone districts that were reflective of the actual uses in the zoning area. See also the comment of
Mr. Armistead Maupin, reflected in the minutes of the January 4, 1960 meeting, indicating his
opinion that "the County was going about this zoning backwards" and that a "land use survey
should be made before adopting this ordinance." The evidence suggests that Wake County acted
quickly to adopt the ordinance which created the zoning area, intended to address the concerns of
the developers of RTP, and later, over time, amended the ordinance to create new classes of
districts and acted to zone property within the zoning area. The existing evidence does not
support the proposition that district boundaries encompassing the Northern Assemblage were
approved with the initial adoption of the ordinance.
It is worth noting that American Marietta continued to lease and purchase property
throughout the early 1960s to include in its assemblage: e.g. Parcel 1, 1961; Parcel 3, 1962;
Parcels 4 and 5, 1961; Parcels 8, 10, and 11, 1961. In 2002, Dottie Leapley spoke with John
Graham, a former employee of Martin Marietta. Mr. Graham was extremely courteous even
though it was clear that he did not want to be involved in litigation of any kind concerning the
Property. Mr. Graham told Ms. Leapley that when he arrived in Raleigh in 1961, Martin
Marietta did not have an adequate supply of land for long -term operation of the Crabtree Quarry.
Long -term planning was a part of Mr. Graham's job duties, and he set about acquiring land for
the quarry. According to Mr. Graham, Martin Marietta's intent in 1961 was to fully develop the
pit on the land owned or leased to the north of Crabtree Creek and to use property to the south of
Crabtree Creek solely to operate the plant. The remainder of the southern land was to serve as a
buffer.
At some time prior to 1995, attorneys Francis Rasberry and Lisa Graham from the City
Attorney's Office each spoke with J.R. Reid, also a former Marietta employee. Mr. Reid told
Lisa Graham that the property south of Crabtree Creek was purchased as a buffer. Mr. Reid told
Hanson Crabtree Quarry Expansion - Page 185 of 318

Page 6of15
Mr. Rasberry that Reid himself purchased the tract south of Crabtree for American Marietta and
that the property was purchased to prevent residences from being built close to the quarry. The
southern tract, according to Mr. Reid, was purchased for buffer and not for mining.
These early 1960s acquisitions may have well been the exercise of options at the end of
lease periods in light of concern about potential future zoning of these properties within the
"zoning area" but would have been inconsistent with the imposition of any existing zoning
restrictions prohibiting mining activities already in place prior to these acquisitions. Finally,
even if a zoning classification had been shown on a map for this part of the County, there is no
action or conduct by Wake County indicating that the continuation of mining during the period
of rapid growth in the 1960s and 1970s —which would have involved enlarging the pit, the
acquisition of additional properties to integrate as resource reserves into the long -term mining
operations at this location, the inclusion of these properties in the state - issued mining permit, or
the addition of the settling ponds —was the subject of any zoning enforcement action by Wake
County prior to 1981. The County took no action, issued no orders, and made no
pronouncements regarding the Crabtree Quarry—or the properties that had been assembled for
future mining —that implicated, implied, or applied any zoning restrictions or limitations on use.
Rather, all of these actions and conduct —both by the quarry operators and by the County —are
consistent with the notion that the portions of the Northern Assemblage owned, leased, or
acquired by the quarry operator in the 1960s were not subject to any zoning restrictions at the
time that the operator acquired the land or interests therein.
Between 1961 and 1981, Hanson predecessors took action evidencing intent to mine the
entirety of the Northern Assemblage. For example, in 1964, an appraisal of the Crabtree Quarry
was commissioned in which the quarry life was assessed by way of measurement of reserves
located on the Northern Assemblage. In addition, on March 10, 1970, as required by North
Carolina law, then -owner of the Crabtree Quarry filed its application for registration of the
quarry, both the entire Northern Assemblage and the Southern Tract for mining under the North
Carolina Mining Act. In 1972, then -owner was issued a permit by the State of North Carolina
authorizing the mining of 233 acres of property.
In 1981, the City exercised its ETJ over the Northern Assemblage. A tax map held in
Wake County archives, a copy of which is attached as ADoendix 3. confirms this date, as do
records held by the City Clerk. At that time, the City applied a zoning classification of R -4 to the
Property. Both the prior zoning regulations and the new UDO do not permit quarrying in
property with a zoning classification of R -4. However, because the Crabtree Quarry — which, as
described above, consists of parcels of real property north of Crabtree Creek assembled to
provide a source of reserves —was in operation as a lawful use prior to the City's assignment of
the zoning classification, the Crabtree Quarry is a lawful nonconforming use. UDO § 10.3.2.5
The scope of the nonconformity under City zoning ordinances was established by the lawful
operations and structures in place in 1981. Therefore, based on the archived records and other
8 Prior versions of the Raleigh City Code also contained provisions allowing lawful nonconforming uses or
structures to continue operation. Ms. Leapley obtained Codes back to 1950 and all of these contained
nonconformity provisions. The 1981 version of the Code allowed nonconformities to continue and allowed certain
maintenance and repair without first obtaining a special use permit.
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Page 7 of 15
documentary evidence, the Crabtree Quarry became a lawful nonconforming use under City
zoning ordinances in 1981.
The history of the Crabtree Quarry, specifically with respect to issues related to zoning,
presents a unique set of circumstances, which has not yet been addressed by the North Carolina
courts but has been analyzed and treated differently than a typical nonconforming use by courts
in jurisdictions other than North Carolina. The general rule in North Carolina, and as codified in
UDO § 10.3.2, is that expansion or enlargement of a nonconforming use without prior approval
is prohibited. Courts in other States have, however, generally recognized a limited exception to
the general rule against the expansion of a nonconforming use where that use involves the
extraction of a finite natural resource that, as a practical matter, must be extracted from the Iand
itself over a substantial period of years —also described as a "diminishing asset." Those courts
have distinguished between the extraction of a natural resource (a diminishing asset) from
nonconforming structures and other types of nonconforming uses in formulating the
"diminishing assets doctrine." The doctrine provides that in the context of an extractive use,
since the land itself is a resource which is consumed in the process of use and the business
operation consists of "using" all of that resource, the appropriate scope of the use is all of the
land which contains the asset and not merely that portion under excavation at the time of the
adoption of the restrictive ordinance. City University Place v. McGuire. 30 P.3d 453 (Wa.
2001).
A majority of U.S. jurisdictions — including Kentucky, Rhode Island, California,
Wisconsin, Alaska, New York, Illinois, New Jersey, Washington, Minnesota, Utah and New
Mexico have applied the doctrine of diminishing assets in the context of extractive uses or
some variant of it. See, e.2.. Lesrand v. Ewbank. 284 S.W.3d 142 (Ky. 2008); Town of West
Greenwich v. A. Cardi Realtv Assocs.. 786 A.2d 354 (R.I. 2001); Hansen Bros. Enters.. Inc. v.
Bd. of Suoervisors. 907 P.2d 1324 (Cal. 1996); Sturais v. Winnebago Countv Board, 413 N.W.
2d 642 (Wis. 1987); Stephan and Sons. Inc. v. Municirnality of Anchoraa_ e Zonina Bd. of
Examiners and Anbeals. 685 P.2d 98 (Ak. 1984); Svracuse A2s re2ate Com_ . v. Weise, 51 N.Y.2d
278 (1980); DuPaae Countv v. Garv- Wheaton Bank. 192 N.E.2d 311 (Ill. 1963); Moore v.
Bridgewater Tn.. 173 A.2d 430 (N.J.1961); Romero v. Rio Arriba County Commissioners. 140
N.M. 848, 149 P.3d 945 (N.M Ct. App. 2006), cert. auashed. 142 N.M 716,169 P.3d 409 (2007);
see also Robert M. Anderson, AMERICAN LAW OF ZONING § 6.52 (3d ed. 1986). In those
jurisdictions, it has been held that the proper scope of a nonconforming use for a diminishing
asset are those lands contiguous to an existing excavation and owned or leased by the mine
operator at the time the zoning restriction is enacted. In addition, the contiguous land must
clearly have been intended to be excavated at the time the restrictive zoning ordinance was
enacted and demonstrably dedicated to that use, both of which are determined on a case -by -case
basis. Non - contiguous lots or parcels separated by a natural border, such as a stream, are not
included in the nonconformity.
The California court has observed:
The very nature and use of an extractive business contemplates the continuance of
such use of the entire parcel of land as a whole, without limitation or restriction to
the immediate area excavated at the time the ordinance was passed. A mineral
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Page 8of15
extractive operation is susceptible of use and has value only in the place where the
resources are found, and once the minerals are extracted it cannot again be used
for that purpose. Quarry property is generally a one -use property. The rock must
be quarried at the site where it exists, or not at all. An absolute prohibition,
therefore, practically amounts to a taking of the property since it denies the owner
the right to engage in the only business for which the land is fitted.
Hansen Bros. Enters.. Inc.. 907 P.2d at 1336 -37 (internal citations omitted). Thus, the
overwhelming weight of authority holds that the unique nature of extractive industry necessarily
contemplates the use of the contiguous parcels of land as a whole, without limitation or
restriction to the immediate area excavated at the time of enactment of the restrictive ordinance.
The diminishing assets doctrine has been applied in jurisdictions like North Carolina that
have been committed to a narrow theory of nonconforming uses, which limits the extent of the
nonconforming use to that which existed as of the date of the enactment of the restrictive
ordinance (as opposed to a broader theory that would allow a nonconforming use to continue to
the boundaries of the parceI). In the context of extractive uses, in New Jerseya jurisdiction
"committed to the narrower theory " - -courts have adopted the broader theory of diminishing
assets. Moore v. Bridgewater Tp.. 173 A.2d 430 (N.J. 1961). The Moore court noted that "[a]ny
other view would be unrealistic and of questionable constitutional validity. It is quite obvious
that an owner intending to carry on a quarrying operation acquires more land than he thinks he
will need so that he will not be a source of nuisance to his neighbors. For practical and
economical reasons he must begin operations at one given point and continue from there to a
point on his lands where his natural resource ends or at his boundary line. For the same reasons,
it is not feasible for him to quarry at different locations at the same time." Id.
Research revealed no appellate case law in North Carolina in which the court considers
the diminishing assets doctrine in the context of an extractive use such as quarrying. Thus,
whether the North Carolina courts recognize the doctrine of diminishing assets is a question of
first impression. However, there is precedent in North Carolina for the proposition that
increasing a nonconforming use on contiguous land that has already been cleared or is in use in
some way does not constitute a prohibited expansion of a nonconforming use. See In re Tadlock.
261 N.C. 120, 134 S.E.2d 177 (1964). Therefore, based on the extractive nature of Hanson's
business, the Company's manifestations of intent to use the contiguous parcels contained in the
Northern Assemblage in conjunction therewith, and the existing precedent supporting the
continuation or completion of a use on land that has been cleared and prepared for that use,
Hanson has a compelling case under a theory of diminishing assets that its continued operation
on those parcels contained in the Northern Assemblage and acquired prior to 1981 does not
constitute the unlawful expansion of a nonconforming use. I agree. Hanson's use of land
contained in the Northern Assemblage that it acquired prior to 1981 for the extraction of granite
is not an unlawful expansion of a nonconforming use. In addition, certain other limited activities
associated with quarry operations are permitted on the Northern Assemblage as a part of that
nonconforming use.
To this end, in order to resolve the longstanding legal dispute concerning the City's
zoning regulations and the extent of quarrying activities permitted on the Property, Hanson and
the City have entered into a settlement agreement related to the operation of the Crabtree Quarry
Hanson Crabtree Quarry Expansion - Page 188 of 318

Page 9 of 15
(the "Settlement Agreement ") setting out the permissible use of the Property and involving
certain permitted improvements and changes to the Crabtree Quarry as part of the continuation of
the lawful nonconforming use. These improvements are depicted on the Operation Plan, which
is attached to the Settlement Agreement as its Exhibit 1.
As set forth below, the components of the Settlement Agreement are authorized under the
diminishing assets doctrine or the provisions of the UDO that allows certain limited repairs,
improvements, maintenance, and renovations to nonconforming uses.
III[. Components of the Settlement Agreement
A. Contiguous Excavation of the Pit on the Northern Assemblage, Paragraphs B.2
and C.2
Pursuant to paragraph C.2. of the Settlement Agreement, Hanson will provide the City
with a survey delineating the maximum extent of the Pit, which will conform to that which is
depicted on the Operation Plan and will be contained entirely on the Northern Assemblage. This
will be the extent of excavation to be conducted on the Property—except as related to the settling
ponds as specifically set forth in paragraph C.7.d of the Settlement Agreement—and Hanson has
expressly waived its right in paragraph B.2 of the Settlement Agreement to extract aggregate on
any other portion of the Property.
The contiguous excavation of the Pit to the extent delineated on the Operation Plan
simply makes use of the land area that was assembled for the purpose of mining —and is
permitted for mining by the mining permit —prior to 1981 and constitutes, applying the
diminishing assets theory, the uninterrupted continuation of the lawful nonconforming use during
an amortization period, consistent with the City's policy regarding zoning nonconformities set
forth in section 10.3.2(A) of the UDO. Although section 10.3.2 states that "nonconforming uses
shall not be extended, expanded, enlarge or increased in intensity," excavation of the Pit, to the
extent delineated on the Operation Plan and the survey required by paragraph C.2. of the
Settlement Agreement, neither alters, expands nor enlarges the land area that constitutes the
Crabtree Quarry, as the Northern Assemblage was assembled over a period of decades pre- dating
any zoning restrictions for the purpose of mining.
In addition, the excavation of the Pit to the extent delineated on the Operation Plan and
the survey required by paragraph C,2. of the Settlement Agreement, will not alter, expand or
enlarge the extent or intensity of the Crabtree Quarry. The excavation will not change the
maximum operating capacity of the Crabtree Quarry, the scale of the operation, or the pace of the
operation. In other words, excavating the Pit to the extent delineated does not result in an
increase in the capability of Crabtree Quarry to produce aggregate during any given period of
time and is, therefore, not an unlawful expansion but rather a lawful continuation of the use.
Moreover, Section C.1. of the Settlement Agreement requires that Hanson "cease all
Business Activities at the Property on the earlier of thirty eight (38) years from the Effective
Date or when, subsequent to the Effective Date, 30 million tons of Aggregate has been
removed." This Section acts as an amortization provision, which is expressly allowed by the
Hanson Crabtree Quarry Expansion - Page 189 of 318

Page 10 of 15
UDO and during which continued operations of a nonconforming use are permitted. See Sec.
10.3.2(A.)(1) and Sec. 10.3.4(G) ( "Expenditures required by this UDO to amortize a
nonconformity are permitted in any amount. ") . After this period, the lawful nonconforming
status of the Property will end. Without this amortization period, nonconforming operations
could continue long after the end of the amortization period. Amortization of non - conforming
uses over a period of time is well - established in North Carolina as an appropriate means of
addressing non - conforming uses. See. e.e.. State v. Joyner, 286 N.C. 366, 372 -273, 211 S.E.2d
320, 325, apneal dismissed, 422 U.S. 1002 (1975) (amortization permits the non - conformity to
continue for a specified period but to end upon the expiration of that period; quoting 1 Anderson,
American Law of Zonin -a. sec. 6.65. 446 -47 (1968)): Goodman Toyota. Inc. v. Citv of Raleigh,
63 N.C. App 660, 306 S.E.2d 192, 195 (1983), disc. review denied, 310 N.C. 477, 312 S.E.2d
884 (1984) ( "An amortization provision in a zoning regulation represents a tacit recognition that
owners of properties that do not comply with the subsequent law cannot immediately conform to
the change without great personal and economic hardship. ")
As discussed in detail previously in this Zoning Interpretation/Determination, Hanson or
its predecessors have made substantial investments for mining purposes and to comply with the
North Carolina Mining Act. These expenses include not only the acquisition of contiguous
parcels, but also the excavation of the pit; the construction of berms, settling ponds and stockpile
areas; landscaping and buffering; and the installation and maintenance of the primary crusher,
processing facility, entrance driveway, weigh station and other accessory structures and
equipment on the mining property. These are long -term investments. The UDO expressly states
that there is no limit on the amount of expenditures for the amortization of a nonconformity.
Sec. 10.3.4.(G.) It is not unusual for the projected life of a modern quarry to be 100 years or
more at the same location and for the quarry owner to continue mining the area purchased for
reserves for that entire period. During the mining period, the Property has great value as an
operating quarry, but that value diminishes over time, and the value of the property to the mining
owner has little practical use or value at some point, as evidenced by Section C.3 of the
Settlement Agreement. Absent a specified period of time in the UDO, this period of time during
which the practical value of the quarry is declining is an appropriate amortization period, which,
in this case, both the City and Hanson agree, is the earlier of thirty -eight (38) years or the
removal of 30 million tons of Aggregate.
B. Construction of Berm, Paragraph C.4.a
Paragraph CA.a of the Settlement Agreement provides that Hanson will construct and
landscape a berm along the northern boundary of the Property in order to mitigate the potential
impacts of the Crabtree Quarry on surrounding areas. The berm will be constructed on Parcel 1,
first acquired for mining purposes in 1961 and later acquired by Hanson's corporate predecessor
in 1964, as set forth in Annendix 1. The UDO does not expressly prohibit the construction of a
berm in low density residential zoning districts. Therefore, the berm is consistent with
underlying zoning restrictions. Landscaping requirements for the berm contained in the
Settlement Agreement aimed at improving appearance of the quarry are not required for the
current zoning district by the City Code, but are permissible improvements.
Hanson Crabtree Quarry Expansion - Page 190 of 318

Page 11 of 15
Moreover, the construction of the berm is an integral component of the continuation of
mining activities at Crabtree Quarry during the amortization period and is contemplated and
required by Hanson's mining permit. To this end, construction of the berm would be a
continuation of the lawful nonconforming use under the diminishing assets theory during the
amortization period, as discussed above. Expenditures required by the UDO to amortize a
nonconformity are permitted in any amount. Sec. 10.3.4.(G.).
In addition, the construction of the berm is expressly allowed by the UDO. Specifically
Article 10.3 of the UDO specifies certain repair and maintenance items that can be made to
nonconformities without a special use permit. Section 10.3.1(A) of the Code allows repairs
requested for public safety. In this case, the berm would serve as a significant buffer during the
amortization period between the active quarry operations and residential uses on adjacent
properties and, therefore, would mitigate potential impacts to public safety and welfare posed by
the Crabtree Quarry. The berm would, therefore, constitute a repair to be made in the interest of
public safety, as allowed by section 10.3.1(A)
Finally, construction of the berm does not alter, expand or enlarge the land area, extent or
intensity of Crabtree Quarry. The construction of the berm and associated landscaping does not
result in an increase in the operating capacity of the plant but rather mitigates potential impacts
of the Crabtree Quarry on the surrounding area.
C. Renovation and Maintenance of Primary Crusher and Processing Facility,
Paragraph C.5
Paragraph C,5 of the Settlement Agreement provides that certain accessory structures,
specifically the primary crusher, will be renovated and maintained at a location inside of the Pit
at a minimum depth of 50 feet below the surface so that the deterioration of this accessory
structure can be repaired and the structure can be better maintained. As an additional benefit, at
this location, the wall of the Pit will function as a noise baffle and mitigate potential impacts to
the surrounding area. The Settlement Agreement contemplates that comparable equipment to
that currently used will be in use following the renovation and, thus, Paragraph C.5 does not
authorize an increase in the intensity of the nonconforming use. At the most, such renovation
and maintenance keeps the general current magnitude of the use and does not increase it. Both
the primary crusher and processing facility are accessory structures and integral components of
the Crabtree Quarry and are necessary for the continued operation of the quarry during the
amortization period. In other words, the renovation and maintenance of these accessory
structures, consistent with reasonable mining practicing and legal permit requirements are
necessary to effectuate the amortization of the quarry operations. Thus, Paragraph C.5 is
consistent with the scope of the pre - existing nonconformity on the Northern Assemblage and is
allowed for the amortization of the quarry.
Section 10.3.4(A) of the UDO specifies certain improvements that can be made to
nonconforming accessory structures without a special use permit. The Primary Crusher and
Processing Facility are clearly accessory structures to the mining operation and their
maintenance and repair are required for the amortization of the quarry. Section 10.3.4(A) of the
UDO allows maintenance and repair "necessary to maintain and correct any damage ... or
Hanson Crabtree Quarry Expansion - Page 191 of 318

Page 12 of 15
deterioration to the structural soundness or features of an accessory structure." During the thirty-
eight year amortization period, the Primary Crusher and Processing Facility equipment will
require maintenance in order to avoid deterioration and to preserve the structural soundness of
the equipment.9 Moreover, renovating and maintaining the primary crusher at a location inside
the Pit is at a preferable location and will mitigate potential noise and dust impacts to
surrounding properties and in this regard could also be considered to be required for public
safety, as expressly allowed by section 10.3.1.(A).
Likewise, associated with the renovation of the primary crusher, the processing facility
will be renovated or repaired as necessary to correct deterioration that will occur to that facility
as well. Such renovation or repair is authorized by section 10.3.4(A) of the UDO as it will be
undertaken to maintain the structural soundness and correct deterioration to the processing
facility as required for the amortization of the quarry. The renovation or repair to the proposed
facility will not expand, extend or increase the Crabtree Quarry as it will not increase the
operating capacity of the quarry.
The expenditures for the renovation, maintenance and repair work to be undertaken by
Hanson on the Primary Crusher and maintenance of Processing Facility in order to allow the
amortization of the quarry operation are not limited, section 10.3.4.(G), but it is expected that
these expenditures will be consistent with the expenditure limitation set forth in section
10.3.4(A)(1) which limits annual expenditure on renovations to nonconformities to 15 percent of
tax value of the Crabtree Quarry.
D. Substitution of Impervious Surface for Access Point and Weigh Station and
Associated Landscaping, Paragraph C.6
Paragraph C.6 of the Settlement Agreement provides that the current point of access on
Duraleigh Road may be landscaped and rerouted to a new location as depicted on the Operation
Plan to a point farther north on Duraleigh Road than the current point of access after receiving
any and all necessary federal, state, and local approvals. The current access point is located on
Parcel 6 and will be rerouted to Parcel 2. The rerouted access point will be landscaped.
Section 10.3.2(B) and 10.3.4 of the UDO specifies certain improvements that can be
made to nonconformities without a special use permit. Section 10.3.4(E) authorizes the
substitution of impervious surface for a vehicular surface area or access point to another,
provided the following criteria are met: the amount and extent of impervious surface is not
increased; the placement of the new impervious surfaces conforms to the requirements of this
UDO ; the impervious surface is for a lawful activity.
9 Employees of Hanson and/or its contractors routinely work around, or actually on, this equipment, which is
subject to regularly inspection by the North Carolina Division Energy, Mineral and Land Resources, as well as the
Department of Labor, Mine and Quarry Bureau, which is charged with ensuring compliance with the 1975 Mine
Safety and Health Act of North Carolina. To the extent that federal or State law requirements apply, Hanson must
be able to renovate, maintain, and repair this equipment, at an appropriate location, to comply with its safety
obligations under those laws.
Hanson Crabtree Quarry Expansion - Page 192 of 318

Page 13 of 15
The landscaping and rerouting will involve the substitution of the impervious surface that
was the previous access point for the impervious surface that is the new access point. In
addition, the amount and extent of impervious surface will not be increased as a result of the
relocation; the placement of the new impervious surface will conform to the locational
requirements of the UDO and will require authorization by the NC DOT; the impervious surface
is for the Crabtree Quarry, which is a lawful activity; and the substitution occurs within the land
area that constitutes the Crabtree Quarry. Therefore, the substitution and rerouting of this
impervious surface is authorized by section 10.3.4(E) of the Code.
Additionally, the rerouting of the access point will improve sight lines to and from
vehicles entering and exiting the Crabtree Quarry, which is in the interest of both those entering
and exiting the quarry as well as those motorists traveling on Duraleigh Road. In this regard, the
rerouted access would benefit public safety and would also be allowed by section 10.3.1(A).
Rerouting of the access point to Crabtree Quarry will require replacement of the weigh
station. The weigh station is simply a vehicular surface area that has a weigh scale beneath it.
Section 10.3.4(E) authorizes the substitution of impervious surface of one structure or vehicular
surface area for another, provided the following criteria are met: the amount and extent of
impervious surface is not increased; the placement of the new impervious surface conforms to
the requirements of the UDO; the impervious surface is for a lawful activity. The replacement
weigh station will be limited to the existing impervious surface footprint of the old weigh station;
thus the impervious surface that constitutes the new weigh station will be substituted for the
impervious surface that constituted the old weigh station. In addition, the amount and extent of
impervious surface associated with the weigh station will not increase; the placement of the new
impervious surface conforms to the locational requirements of the Code; the impervious surface
is for a lawful activity; and the substitution of impervious surface occurs within the land area that
constitutes the Crabtree Quarry. Therefore, the re- location of the weigh station is authorized by
section 10.3.4(E).
E. Maintenance of Settling Ponds and Temporary Stockpiles, Paragraph C.7.c
Paragraph C.7.c of the Settlement Agreement provides that Hanson will continue to use,
operate and maintain the existing settling ponds as part of on -going operations and consistent
with past practice for the duration of the amortization period. The Settlement Agreement makes
clear that Hanson will not expand the existing ponds. Such on -going use is an integral part of the
continuation of mining activities at Crabtree Quarry during the amortization period and was a
lawful use in place as of 1973 as determined by Mr. Watkins in his 1985 directive to the quarry's
owner.10 The basins and their use in the same manner as in the past is a lawful nonconformity
and is a required component of operations during the amortization of the quarry. The restrictions
on the use of the Southern Tract for forestry that are contained in the Settlement Agreement are
permissible restrictions, but are not mandated by the Code.
i0 Mr. Watkins' decision was also consistent with a 1977 Raleigh Board of Adjustment
decision: In re Cannity.
Hanson Crabtree Quarry Expansion - Page 193 of 318

Page 14 of 15
Moreover, sections 10.3.2(B) and 10.3.4(A) authorize the ordinary maintenance to
nonconforming uses. The use and maintenance of the settling ponds proposed by the Settlement
Agreement falls within the type of improvements and changes to nonconformities that are
allowed by sections 10.3.2(B) and 10.3.4(A) as Hanson will conduct only that renovation,
maintenance and repair which is necessary to correct deterioration. By their very nature, settling
ponds and temporary stockpiles will deteriorate if they are not properly maintained, and Hanson
has confirmed its commitment and its legal obligation under its mining permit to maintain them.
In addition, the work will not expand, increase or extend the nonconformity as no such work will
be conducted outside of that area designated on the Operation Plan as "Existing Settling Pond
Area," which is and has been used for this purpose. The expenditures for the renovation,
maintenance and repair work to be undertaken by Hanson to maintain the Settling Ponds and
Temporary Stockpiles as required for the amortization of the quarry are permitted in any amount
under section 10.3.4.(G.), but it is expected that they will be consistent with the expenditure
limitation set forth in section 10.3.4(A)(1).
The maintenance of the settling ponds and temporary stockpiles is an integral part of the
quarry operations. The maintenance of these accessory structures, consistent with reasonable
mining practices and legal permit requirements, is necessary to effectuate the amortization of the
quarry operations.
As has been its ongoing practice, the Settlement Agreement authorizes Hanson to
temporarily stockpile sediment removed from the settling ponds in that area designated on the
Operation Plan as the Temporary Stockpile Area. The Settlement Agreement provides that such
stockpiling will conform to the City's regulations regarding height of stockpiles.
Conclusion
As described in detail above, Crabtree Quarry is a lawful nonconforming use. The terms
of the Settlement Agreement contemplate and allow for the continuation of the lawful
nonconforming use by application of the diminishing assets doctrine and are consistent with the
City's policy to allow existing nonconforming uses to continue in operation, pursuant to Sec.
10.3.2(A), and to allow maintenance, repair and renovations of zoning nonconformities,
pursuant to Sec. 10.3.2(B) and 10.3.4(A) of the UDO. Notwithstanding these provisions, the
Settlement Agreement, agreed to by the parties, sets forth an amortization period, after which
mining operations on the Property shall cease. The combined effect of the diminishing assets
doctrine and the amortization is that, after the current reserves are mined — at the earlier of thirty -
eight (38) years or the removal of 30 million tons of Aggregate — the lawful nonconforming use
status of the quarry will end. This is consistent with the policy objectives of the City of Raleigh.
As previously indicated by Zoning Inspector Supervisor Larry Strickland in a December 3, 1995
letter to the NC Division of Environment and Natural Resources, "so long as the changes and
additions are only aimed at maintaining the general current magnitude of use, then [replacement
equipment at the quarry] would be in compliance" with City zoning ordinances. This is
consistent with this Zoning Interpretation/Determination that the proposed renovations,
Hanson Crabtree Quarry Expansion - Page 194 of 318

Page 15 of 15
maintenance, and repairs, as described above, are permitted by UDO Sections 10.3.2(B.),
10.3.4.(A.) and 10.3.4.(E).
The terms of the Settlement Agreement do not constitute an expansion of a nonconforming use
that would require a special use permit. No special use permit is required for the matters
described in the Settlement Agreement. Accordingly, the improvements contemplated for
Crabtree Quarry by the Settlement Agreement are allowed and authorized as a continuation of a
lawful nonconformity during the amortization period, consistent with applicable sections of the
UDO cited above.
Hanson Crabtree Quarry Expansion - Page 195 of 318

Instrument prepared by:
Brief Description for Index:
Parcel Identifier:
Mail after Recording to:
Raleigh City Attorney's Office and Styers, Kemerait
& Mitchell, PLLC
Duraleigh Road
REID4 0069748; 0039195
City Attorney's Office,
PO Box 590, Raleigh, N.C. 27602
STATE OF NORTH CAROLINA
COUNTY OF WAKE
OPTION TO PURCHASE REAL ESTATE
This OPTION TO PU RCHASE REAL ESTATE ( "Option ") is made and given this
day of "ft" 2014, by and between. HANSON AGGREGATES SOUTHEAST LLC, a
Delaware limited liability company (`Hanson "), to the CITY OF RALEIGH, a North Carolina
municipal corporation, hereinafter referred to as the "City ", collectively referred to in this
instrument as the "Parties
BACKGROUND STATEMENT:
WHEREAS, Hanson owns certain real property situated in the vicinity of Crabtree and
Richland Creeks, adjacent to Duraleigh Road in Raleigh, NC described as PIN 0786349208
(REID 0069748) and 786554037 (REID 0039195), and more particularly described in Exhibit 1
attached (the "Property ");
WHEREAS, Hanson and the City have for an extended period been involved in a
dispute over Hanson's right to engage in aggregate quarrying activities over portions of the
Property; and
WHEREAS, Hanson and the City have, on FtLN a r 4 , 2014 entered into
a Settlement Agreement (the "Settlement Agreement" or "Agreement ") providing for certain
Hanson Crabtree Quarry Expansion - Page 196 of 318

activities on portions of the Property, the conveyance of greenway easements and other property
rights to the City, and resolving other disputed matters; and
WHEREAS, provisions of the Agreement which touch and concern the Property have
been incorporated into Covenants, Conditions and Restrictions ( "Covenants ") imposed upon the
Property, which covenants have been recorded in Book l,SS Page 8%5,V, Wake
County Registry: and
WHEREAS, the Agreement and recorded Covenants further provide that, following a
defined period of quarrying activities on the Property, the City shall have the option to purchase
the Property from Hanson, upon terms set forth in the Agreement:
WHEREAS, the Parties desire to memorialize this Option by instrument to be recorded
in the Wake County Registry.
NOW THEREFORE, in consideration of the Recitals, the mutual rights and obligations
of the Parties as set forth in the Settlement Agreement, and the sum of ten dollars ($10.00), the
receipt and sufficiency of which are hereby acknowledged, Hanson does hereby give and grant
to the City the EXCLUSIVE OPTION to purchase all of the property, together with
improvements, located in Wake County and more particularly described as follows:
See Exhibit 1. attached.
The Terms and Conditions of this Option are as follows:
1. Option Period. A period of time commencing upon the Release of Hanson's
Reclamation Bond (as referenced and described in the Agreement and recorded
Covenants) and ending ninety (90) days thereafter.
2. Exercise. At any time during the Option Period (or any extension of the Period as the
Parties may agree), the City may exercise this Option by transmitting to Hanson written
Notice of its Exercise of Option by hand delivery, or by certified mail, return receipt
requested.
3. Purchase Price. If this Option is exercised by the City, the purchased price for the
Property shall be ten dollars ($10.00).
4. Access and Tests: Hanson hereby grants to the City and its agents, employees, and
contractors a License during the Option Period to enter upon the Property for purpose of
performing inspections, surveys, borings, and other investigations of the Property.
4. Title. The City shall be entitled to receive a good and marketable title to the Property,
free and clear of all liens, encumbrances, leases, conditions or restrictions, excepting: (1)
Hanson Crabtree Quarry Expansion - Page 197 of 318

ad valorem taxes for the current year, to be prorated between the Parties on a calendar
year basis to the Settlement date; and (2) easements and rights of way of record which
do not materially affect the value or usability of the Property; and (3) other title
exceptions consented to by the City.
5. Settlement. Upon the City's exercise of its purchase option, settlement of the purchase
shall be made at such place and time as the parties may agree.
6. Agents and Brokers. Hanson and the City represent to each other that neither have
engaged the services of any real estate agent or broker in connection with this Option,
nor taken any action giving rise to claims for fees or commissions by real estate agents
or brokers in connection with this Option.
7. Notices: All notices required to be given hereunder shall be given and directed as
follows:
To Hanson: Hanson Aggregates Southeast LLC
2310 Parklake Drive, Suite 550
Atlanta, Georgia 30345
To the City: City of Raleigh
Office of the City Attorney
One Exchange Plaza, Suite 1020
Raleigh, NC 27601
8. Assignment: The Option to purchase the Property may be assigned by the City. This
Option shall run with the Property, inure to the benefit of the Parties, and be binding
upon their successors and assigns.
9. Termination. This Option shall terminate at the expiration of the Option Period
(including any agreed upon extension) and shall in any event terminate on or by January
30, 2058.
10. Entire Agreement. This instrument contains the entire option agreement regarding the
Property, and supersedes all prior and contemporaneous negotiations, communications,
and understandings, written or oral, between the Parties. This Option shall not be
amended or modified unless set forth in a written instrument executed by the parties and
recorded in the land records of Wake County.
Hanson Crabtree Quarry Expansion - Page 198 of 318

IN WITNESSETH WHEROF, the Parties have duly executed this instrument by the signature
of their respective officers, with property authority, as the act and deed of the respective entities,
the day and year first above written.
HANSON AGGREGATES SOUTHEAST LLC
By: �� (SEAL)
Its: V ; c- 9(esi ietr� 164 n coA Mimi r
Hanson Crabtree Quarry Expansion - Page 199 of 318

QF� C�c
WE,
PROPERTY D CRIP ON APPROVED:
Public Works Dire or
THE CITY OF RALEIGH
By: ,�/ _ (SEAL)
Its: (� /t'a'm e
ATTEST: /
By:\
Its:
APPROVED AS TO FORM:
,eity Attomcy�
Hanson Crabtree Quarry Expansion - Page 200 of 318

STATE OF
COUNTY OF
ACKNOWLEDGEMENT
This is to certify that on the day of 201 � before me
personally came c lfi S \No rr� - , wi� whom I am personally
acquainted, who, being be ym_e duly sworn, says that (s) he is the
j jU 9f�- ,j/�,.Q fC (-*�,� 1v� t of Hanson Aggregates Southeast
LLC , the limited liability company and p ncipaI named in the foregoing instrument; that
the , o the ��oiim__pany was subscribed thereto by the said
�(IIQ�eSi�Q (leviQfoA�111"fand that the instrument is the act and deed of the
limited liability c mpany. J
Witness `r %qv official seal this the � day c; '�Q �p�� 20 14.
EXPIRES _ QJ c M�o
(SEAL GIJOit 20 = Notar Pu lic
SAP'. 9. dnAfe, � - xr L. s
(notary's printed name)
Ali
My Commission Expires:_, l , a CA (o
Hanson Crabtree Quarry Expansion - Page 201 of 318

NORTH CAROLINA
COUNTY OF WAKE
CITY /MANAGER
ACKNOWLEDGEMENT
This is to certify that on the 3 day of r15—B , 20 [ q, before me personally came Gail
G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is
the City Clerk and Treasurer and Ruffin L. Hall is the City Manager of the City of Raleigh, the
municipal corporation described in and which executed the foregoing; that she knows the
corporate seal of the municipal corporation; that the seal affixed to the foregoing instrument is
the corporate seal, and the name of the municipal corporation was subscribed thereto by the
City Clerk and Treasurer and that the official corporate seal was affixed, all by order of the
governing body of the municipal corporation, and that the said instrument is the act and deed of
the municipal corporation.
WITNESS my hand and official seal this the day of �Uy , 201.
e�l�j �'i • � � •••,44
rn
L c,
(SEAL)
My Commission Expires: jJ DO . I I t aD � g
V W
ry Public ' ' UA*
� 5 0. - �4 , �L� k66-6-
Notary's Printed Name
Hanson Crabtree Quarry Expansion - Page 202 of 318

EXHIBIT 1
BEING that property and area located in Wake County, comprising 112.599 acres, more or less,
bounded on the east by Duraleigh Road (SR# 1664); on the south by property of the State of
North Carolina; on the west by that parcel owned now or formerly by the Hampton
Development Co. LLC (DB 11903, Page 91, WCR); and on the north by that property owned
now or formerly by CND Duraleigh Woods LLC (DB12929, P1482 WCR), being that property
described in Exhibit 3 of the referenced Settlement Agreement, and as further located and
described by the plat attached hereto as Exhibit 1 -A.
REID 69748, and REID 0039195
Hanson Crabtree Quarry Expansion - Page 203 of 318

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Exhibit 7
BLASTING DAMAGE PROTECTION PROGRAM
This Blasting Damage Protection Program is for the benefit of and may be enforced by
persons owning structures within parameters set forth herein.
Notice of Claim
If the owner of any structure located within 25UU feet of any blasting at Crabtree Quarry
by Hanson Aggregates Southeast, LLC ( "Hanson ") believes that such blasting has damaged such
structure they shall be entitled to arbitration of such claim at their election. The arbitration
program set forth herein shall be initiated by sending written notice of the claim to Hanson and
demanding arbitration. All written notices required by the above shall be sent to: Hanson
Aggregates Southeast, LLC, 2310 Parklake Drive, Suite 550, Atlanta GA 30345. Attention: Vice
President.
Protocol for Investigating Claims
After an owner files a claim, the following protocol will be followed:
1. On -site inspection of home
An on -site interview between an independent structural or blasting engineer and the homeowner
will take place to determine history of the structure and when problems first appeared. An initial
walk through of the structure with owner to identify major areas of concern will take place.
Video or digital image documentation of all observed structural and cosmetic cracks, separations
and distortions will be made. Documentation will include the interior and exterior of the
structure, including any attic, basement and crawl space. Crack widths, lengths and penetration
depths will be measured as determined by the inspector. Doors and windows will be checked for
functioning, floors checked for leveling and mitered corners checked for separations. A diagram
will be made showing the layout of the structure, on which the location of cracks will be noted.
2. On -site review of quarry blasting practices
The independent structural or blasting engineer will conduct an on -site interview with the quarry
manager to determine the quarry's blasting practices and procedures. A tour of the quarry with
the manager will be undertaken to see active blast areas and evaluate field conditions and
blasting practices. Blasting records for the past three years will be reviewed. All seismic records
in the surrounding community for the past three years will be reviewed and particularly those
from the time when the damage is alleged to have occurred. The validity of blasting permits will
be checked with the Fire Marshall along with the history of any violations. The quarry manager
shall make data requested by the blasting engineer with respect to blasting available.
3. Analyze information obtained
,SK009958.DOC 2 }
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The independent structural or blasting engineer will conduct a review of the digital images, video
and field notes pertaining to any pre -blast survey. The independent structural or blasting
engineer will undertake a review of the blast design parameters to verify if they were in
compliance with approved standards and will review all seismic data to assess whether they
exceeded any local ordinances, state, or federal regulations pertaining to the maximum allowable
legal limits. The distance from the structure to the blast zone as well as the distance from the
monitoring location will also be determined. The independent structural or blasting engineer will
review all seismic data to assess whether they exceeded the breaking strain of the weakest
structural member in the construction of the structure. This analysis will include a comparison of
the data against known governmental damage criteria for comparable structures. A final written
report will be prepared and sent to both the structure owner and Hanson.
4. Meeting with owner
Following the issuance of the report, the independent structural or blasting engineer will meet
with the owner of the structure to review the report. If it is determined that blasting is the cause
of the damage to the structure, Hanson will be responsible for the necessary repairs to the
structure. Once Hanson has had the opportunity to review the report it will contact the owner to
initiate the repair process. First, the owner and Hanson shall agree to the necessary repairs to be
made, based on the findings in the report. Then, the owner shall obtain three quotes from
licensed contractors to complete the repairs. Hanson and the owner shall agree on the contractor
to be hired. Hanson will be responsible for paying the repair bill, which shall not exceed the fair
market value of the home or structure.
If it is determined that the damage is not attributable to the blasting, the independent structural or
blasting engineer will explain to the owner the likely cause of the observed cracking. The
independent structural or blasting engineer may also make repair recommendations, if any are
necessary. In addition, the independent structural or blasting engineer will attempt to distinguish
between cosmetic issues and structural issues.
Arbitration Program
If the parties are unable to agree on a resolution of the claim, they shall select a qualified
engineering or blasting professional to arbitrate the claim. Neither Hanson nor the owner of the
structure shall be represented by counsel during the arbitration, unless the owner elects to be
represented by counsel, in which case Hanson may retain counsel, as well.
The arbitrator shall be entitled to award such damages to the owner as may be necessary
to complete the necessary repairs and to cover any other costs incurred by the owner to repair
any damage which the arbitrator attributes to blasting. If the arbitrator determines that the
damages are attributable to blasting by Hanson, Hanson shall pay all costs of the arbitration.
Otherwise, the cost of arbitration shall be split equally between the parties. In no event shall
Hanson be responsible for paying more for repairs than the then current market value of the
structure, assuming no blasting damage had occurred.
Nothing herein shall require an owner to use the arbitration program. However, should
an owner initiate the arbitration program, the arbitrator's decision shall be final and legally
binding.
,SK009958.DOC 2 }
Hanson Crabtree Quarry Expansion - Page 213 of 318

Crabtree Quarry Dust Control Guidance Plan
Facility Name: Crabtree Quarry
Facility Location: 5001Duraleigh Road, Raleigh NC 26612
Date: November 2013
1. INTRODUCTION
This document is intended to create and implement a written Dust Control Guidance
Plan to minimize dust emissions from fugitive sources at Crabtree Quarry, including
customer and plant haul roads and stockpiles.
Crabtree Quarry relied upon North Carolina Division of Air Quality's (NC DAQ)
generalized air dispersion modeling for rock quarries which demonstrates compliance
with the ambient air quality standards for total suspended particulate (TSP) and
particulate matter with an aerodynamic diameter of less than 10 microns (PM -10).
The Dust Control Guidance Plan provides control methods that will be used at the
Crabtree Quarry to reduce fugitive dust emissions in a manner that is consistent with
the modeling. The plan has three components. dust emissions control methods;
application of dust emissions control methods at Crabtree Quarry; and staff training.
2. DUST EMISSIONS CONTROL METHODS
Every reasonable action will be taken to prevent ttie occurrence of excess fugitive
dust from any source that is likely to leave the property boundaries of Crabtree
Quarry. Preventive actions may include dust control, such as wet suppression, the use
of crusting agents, or the reduction or cessation of the activities creating the dust until
meteorological conditions improve.
Wet suppression, using water to control the generation of dust, is the predominate
method of suppressing dust emissions at Crabtree Quarry. By increasing the moisture
content, finer materials agglomerate into larger particles. Increasing the moisture
content enables the production of finer materials, naturally or mechanically. Rainfall
serves the important function of naturally increasing the moisture content of unpaved
road surfaces and stockpiles. Moisture content can also be increased through the
mechanical application of water. The amount of water required to sufficiently control
emissions is dependent primarily on the characteristics of materials, ambient
conditions, and mining operation activities occurring in the area.
If stockpiles of fine aggregates generate dust emissions on a regular basis then the use
of surface crusting agents may be employed. Crusting agents will create a solid
(SK006819.DOC 6 )
1
Hanson Crabtree Quarry Expansion - Page 214 of 318

surface on the stockpile reducing the likelihood of dust being generated by wind
erosion. When used, crusting agents are re- applied every six months.
3. APPLICATION OF DUST EMISSIONS CONTROL METHODS AT.
CRABTREE QUARRY
Areas within the aggregate plant at Crabtree Quarry that have the potential to
generate non - process fugitive emissions include: the pit, roads, and stockpiles.
3.1. Pit
Fugitive emissions are generated in the pit during the loading of the raw
materials into trucks. Generally, the material being excavated in the pit has high
moisture content and fugitive dust emissions from these processes are inherently
low. If fugitive emissions are generated during loading, the shot rock in the
quarry will be wetted by the water truck.
3.2. Haul Roads
The Dust Control Guidance PIan addresses the two types of haul roads at the
Crabtree Quarry: Pit Haul Roads and Customer Haul Roads.
In general, haul roads are constructed of aggregate materials that have been
processed at the plant. Haul road emissions are generated by the disturbance of
dust caused by moving traffic.
3.2.1. Pit Haul Roads are constructed of aggregate materials that have been
processed at the plant and are unpaved. Haul road emissions are generated by the
disturbance of dust on the surface of the haul road caused by moving traffic.
These haul roads are only used by internal plant traffic. Haul road emissions are
controlled by regular use of the water truck to wet down the surface of the haul
road. The frequency of wetting of the haul roads is determined by daily weather
conditions and the volume of truck traffic. In hot, dry conditions, active roads
will be watered approximately every four hours. The roads will be watered
more fiequently if fugitive dust emissions are visible.
3.2.2. Customer Haul Roads support higher daily traffic rates than Pit Haul
Roads and consist of both paved and unpaved surfaces. The paved Customer
Haul Roads generally have the higher traffic volumes and do not generate
fugitive emissions. Both paved and unpaved Customer Haul Roads are wetted on
a regular basis to control fugitive dust emissions. The frequency of wetting of the
haul roads is determined by daily weather and truck traffic conditions. In hot, dry
conditions, active roads will be watered approximately every four hours.
The roads will be watered more frequently if fugitive dust emissions are visible.
{sK006819.DOC 6 }
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Hanson Crabtree Quarry Expansion - Page 215 of 318

3.3. Processing Plant
The processing plant at Crabtree Quarry consists of a series of conveyors that feed
stone into crushers and screens before final sized products are stockpiled
3.3.1. Crushers — crushers are fitted with high pressure fine mist wet
suppression nozzles at the inlet and outlet to control the generation of dust. The
use of high pressure fine mist nozzles ensure that the water is delivered in a fine
spray to agglomerate the dust rather than soaking the crusher discharge. Spray
nozzles are inspected on a regular basis to ensure they are operating correctly.
Any nozzle not working correctly is replaced immediately upon discovery.
3.3.2. Screens — Dry screens and scalping screens can be fitted with high
pressure fine mist wet suppression nozzles and the outlet to control the generation
of dust if needed. These screens are generally not fitted with spray nozzles as they
clog easily if the material is too wet. Carryover moisture from conveyor transfer
points to control dust functions to control dust on the screens. The use of high
pressure fine mist nozzles ensures that the water is delivered in a fine spray to
agglomerate.
3.3.3. Wash Screen — The wash screen is fitted with several banks of spray
nozzles designed to deliver a high volume of water to sufficiently wash the stone.
Once the stone is discharged from the wash screen no further dust control is
needed.
3.3.4. Conveyor Transfer Points — Several conveyor transfer points throughout
the processing plant are fitted with high pressure fine mist wet suppression
nozzles and the transfer point between two conveyors to control the generation of
dust. The use of high pressure fine mist nozzles ensures that the water is delivered
in a fine spray to agglomerate the dust. Spray nozzles are inspected on a regular
basis to ensure they are operating correctly. Any nozzle not working correctly is
replaced immediately upon discovery.
3.4. Stockpiles
Finished and partially processed stone products are stored in stockpiles
throughout the Crabtree Quarry. For the purposes of this Dust Control Guidance
Plan, stockpiles are split into two categories: washed stone and unwashed stone
stockpiles.
3.4.1. Washed Stone Stockpiles Dust emissions from washed stone
stockpiles may result from both wind erosion and material loading (i.e.,
mechanical disturbance). Washed stone has been saturated with water prior to
stockpiling, which reduces the dust on the material surface and provides high
{SK006819.DOC 6 ) 3
Hanson Crabtree Quarry Expansion - Page 216 of 318

moisture content in the stockpiles. Thus, there is no need for additional dust
control measures.
3.4.2. Unwashed Stone Stockpiles " Unwashed stone includes surge material
from the primary crusher, rip rap, run of crusher, etc. Dust emissions from
unwashed stone stockpiles may result from wind erosion. Little or no dust
emissions are generated fiom material handling at these stockpiles as most
material handling is by conveyor using an enclosed conveyor drop. If the need
for additional controls arises the water truck is used to wet down the stockpiles.
4. STAFF TRAINING
All employees at Crabtree Quarry are responsible for ensuring that dust suppression
controls are in place and working at all times. As part of the routine safety and
environmental training program implemented at Crabtree Quarry, every employee
will be made aware of the Dust Control Guidance Plan. If it is found that the Dust
Control Guidance Plan is not working as designed it will be modified and re- issued.
A copy of the Dust Control Guidance Plan shall be maintained in the main office.
(SK006819.DOC 6 } 4
Hanson Crabtree Quarry Expansion - Page 217 of 318

Instrument prepared by:
Raleigh City Attorney's Office and Styers, Kemerait &
Mitchell, PLLC
Brief Description for Index:
Crabtree Creek
Parcei Identifier:
PIN 90786 -51 -2559; PIN #0786 -62 -0033
Project Name:
Crabtree Creek Greenway
Mail after Recording to:
City Attorney's Office
P.O. Box 590
Raleigh, NC 27602
STATE OF NORTH CAROLINA
WAKE COUNTY DEED OF EASEMENT TO THE CITY OF
RALEIGH FOR CONSERVATION AND
GREENWAY PURPOSES AND
RESERVATION OF RIGHTS
THIS DEED OF EASEMENT is made this qt% day of F46rtw" 2014, (the
"Effective Date ") by HANSON AGGREGATES SOUTHEAST LLC, a Delaware limited
liability company with an address of 2310 Parklake Drive, Suite 550 Atlanta, Georgia 30345,
hereinafter referred to as "Hanson" or the "Grantor ", to the CITY OF RALEIGH, a North
Carolina municipal corporation with an address of P.O. Box 590, Raleigh, NC 27602,
hereinafter referred to as the "City." The Grantor and the City are at times referred to herein. as
"Party" or "Parties."
WITNESSETH:
WHEREAS, the City of Raleigh has established and presently operates the Capital Area
Greenway Program, which has as its purposes the conservation of natural, scenic, or
ecologically valuable properties (generally known as "greenways "), and the development and
provision for public use of paved or unpaved trails ( "greenway trails ") within such properties;
and
;sKQl2l7s.DOC2 }
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WHEREAS, the Grantor is the owner in fee simple of certain real property, more
particularly identified as PIN 0786 -34 -9208, 0786 -51 -2559 and 0786 -62 -0033 (the "Property ");
and
WHEREAS, the Property is subject to that certain permit number 92 -03 for the
operation of a crushed stone quarry issued by the North Carolina Department of Environment
and Natural Resources (the "Mining Permit "); and
WHEREAS, certain areas of the Property have conservation, ecological,. and
recreational values in their present state, which values should be preserved and maintained for
use as a public greenway and greenway trail; and
WHEREAS, the City has planned to construct, and intends to make available for public
use, the Crabtree Greenway Trail (the "Project" or "Greenway Project "), portions of which are
to be located on areas of the Property; and
WHEREAS, the Grantor and the City have entered into a Settlement Agreement dated
F" E' , 2014 ( "Settlement Agreement ") in order to resolve a longstanding legal dispute
concerning quarrying activities permitted on the Property, the resolution of such matters having
implications for the location of greenway trails and easements to accommodate such trails; and
WHEREAS, pertinent provisions of the Settlement Agreement are incorporated into
that Declaration of Covenants, Conditions, and Restrictions ( "Declaration of Covenants ") dated
y, Zo /fdr, and recorded in Deed Book /33 , Page�� Wake County Registry; and
WHEREAS, in furtherance of the above- stated environmental and conservation
objectives and the Greenway Project; in accordance with terms of the referenced Settlement
Agreement; and subject to the conditions, terms and restrictions hereof, Hanson has agreed to
convey to the City this non- exclusive conservation and greenway easement (the "Easement ")
over portions of the Property, (the "Easement Area'') and the City has agreed to accept such
Easement; and
NOW, THEREFORE, in consideration of the Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, and in further
consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth,
the Grantor has bargained and sold, and hereby sells, grants and conveys to the City, its
successors and assigns forever, a Conservation and Greenway Easement of the nature and to the
extent hereinafter set forth, in and over the lands of the Grantor described as follows:
See Exhibit X, attached.
The terms, conditions and restrictions of this Easement are as follows:
{SK012175.DOC 2 12
Hanson Crabtree Quarry Expansion - Page 219 of 318

ARTICLE 1. PURPOSE AND USES
1. The purpose of the Easement is to preserve, protect, and maintain the Easement Area as
an undeveloped and natural area, while allowing certain recreational uses.
2. The qualities of the Easement Area intended to be protected under this Easement include
conservation of the natural heritage of the area; water pollution control and abatement,
ecological preservation; wildlife habitat management; preservation of the visual amenities of the
Easement Area; preservation of a natural ecosystem; and provision of a recreation resource to
members of the public.
3. Subject expressly to those terms, conditions, and restrictions set forth herein, the
Easement Area shall remain in its present, natural, and undeveloped state as a conservation and
recreation use area.
4. The City shall incorporate the Easement Area as a component of the Capital Area
Greenway System of the City. Members of the general public shall have free access to and use
of the Greenway Easement, subject to the laws and ordinances of the City of Raleigh, and for
the purposes allowed under the official Greenway Program of the City, including walking,
educational tours, scientific study of the Easement Area and its natural ecosystems, hiking, bike
riding, jogging and picnicking. Such uses of the Easement shall all be in accord with the Capital
Area Greenway Plan and Program.
5. The City may construct paved or unpaved greenway trails within the Easement Area,
and facilities incidental to and for the convenience of users of the greenway trail, such as
observation platforms, boardwalks, bridges, ramps, litter receptacles, canoe accesses, benches
and similar convenience facilities.
6. The City shall have the right and duty to maintain the Easement Area in a clean, natural
and undisturbed state, consistent with the Capital Area Greenway Plan and Program.
7. There shall be no access by the City, the State, or the public at large granted by this
Easement to any other property of the Grantor, save that described and conveyed herein.
8. The Grantor shall remain the fee owner of the property subject to this Easement and as
such, may use and enjoy the Easement Area for purposes not inconsistent with terms of this
Easement. More specifically (by way of illustration and not limitation), the Grantor shall enjoy
rights and entitlements of fee ownership for purposes of applicable land use regulations
(including measurement of building setback distances, density credit transfers, and similar
regulations); the payment of taxes on the property; and other applicable laws and ordinances.
1SK012175.DOC 2 }3
Hanson Crabtree Quarry Expansion - Page 220 of 318

ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES;
EXCEPTED AND RESERVED RIGHTS
Activities Prohibited.
Any activity on, or use of, the Easement Area inconsistent with the purposes of this
Greenway Easement is prohibited. (By way of illustration and not limitation) the following
activities and uses of the Easement Area are expressly prohibited:
1. Industrial and Commercial Use. Industrial and commercial activities of any type, and
ingress and/or egress for such purposes are prohibited.
2. Agricultural. Timber Harvesting, Grazing and Horticultural Use, Agricultural, timber
harvesting, grazing, horticultural and animal husbandry operations are prohibited.
3. Disturbance of Natural features, Plants and Animals,. There shall be no cutting or
removal of trees, or disturbance of other natural features, including plant and animal life, except
for the following: (1) as incidental to boundary- marking, fencing, signage, construction and
maintenance of greenway trails and related convenience facilities, and public accesses allowed
hereunder; (2) selective cutting and prescribed burning or clearing of vegetation, and the
application of approved pesticides for fire containment and protection, disease control,
restoration of hydrology, wetlands enhancement and/or control of non - native plants; and (3)
hunting and fishing, (otherwise permitted by law or ordinance) pursuant to applicable rules and
regulations.
4. Construction of Buildings, Structures. Signage. There shall be no constructing or placing
of any building, mobile home, asphalt or concrete pavement, billboard or other advertising
display antenna, utility pole, tower, conduit, line, pier landing, dock or any other temporary or
permanent structure or facility on or above the Easement area, except for the following: Placing
and display of no trespassing signs; state or federal traffic or similar signs; greenway trail signs;
for sale or lease signs; signs identifying the conservation values of the Easement Area, and /or
signs identifying the Grantor as the owner of the property and the City as holder of this
Easement; educational and interpretive signs; identification labels or any other similar
temporary or permanent signs. as approved by the City; and installation and maintenance by the
City of perimeter fencing along the Greenway, in accordance with terms of the Settlement
Agreement and recorded Declaration of Covenants.
5. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand; gravel, rock, peat, or other minerals; and no
change in the topography of the land in any manner except as necessary to prevent erosion or
incidental to Greenway Trail construction and management, or conservation management
activities otherwise permitted by this Easement.
6. Wetlands and Water Quality. There shall be no pollution or alteration of water bodies
and no activities that would be detrimental to water purity or that would alter natural water
(sKOL2175.DOC2 )4
Hanson Crabtree Quarry Expansion - Page 221 of 318

levels, drainage, sedimentation and /or flow in or over the Easement Area or into any surface
waters, or cause soil degradation or erosion, nor diking, dredging, alteration, draining, filling or
removal of wetlands, except activities to restore natural hydrology or wetlands enhancement as
permitted by the State and any other appropriate authorities.
7. Dumping. Dumping of soil, trash; garbage, waste, abandoned vehicles, appliances,
machinery, or other materials on the Easement Area is prohibited.
8. Noise. Dust and Vibration Exception. The Grantor expressly excepts from the provisions
of the Greenway Easement and, for its successors and assigns, expressly reserves the right to
cause vibrations, noise, dust, particulates, debris, and other similar materials and odors to be in
the air above, descend upon, go across, or go through the Easement Area, and in general to
subject the Easement Area to all similar consequences arising from the location and operation in
the vicinity of the Easement Area of any the Crabtree Quarry and related activities, including
without limitation equipment operation and truck traffic at, to and from Crabtree Quarry. By
accepting this grant of Greenway Easement, the City hereby subordinates its rights under the
Greenway Easement to those of the Grantor relating to noise, dust, and vibration as enumerated
above ( "Noise, Dust, and Vibration Exception "). Notwithstanding the foregoing, nothing
contained herein shall be construed to allow Grantor's vehicles, equipment, employees or
customers to physically enter the Easement Area or to conduct mining operations thereon. This
Noise, Dust and Vibration Exception shall terminate upon the expiration of the Reclamation
Period, as defined in the Settlement Agreement and recorded Declaration of Covenants.
ARTICLE III. ENFORCEMENT AND REMEDIES
1. The City shall have authority and responsibility for enforcement of the terms of this
Easement. Any forbearance by the City to exercise rights hereunder in the event of breach of
any term, condition, or restriction shall not be deemed or construed to be a waiver of any right
of enforcement. No delay or omission by the City in the exercise of any right or remedy shall
impair such right or remedy, or be construed as a waiver.
2. No provision of this Easement shall be construed or appiied to limit the rights of, or
remedies available to, the Parties under terms of the referenced Settlement Agreement and
Declaration of Covenants. In the event of ambiguity or inconsistency between provision of this
Easement and the Settlement Agreement, the latter shall prevail.
3. The City may provide for the day -to -day inspection, oversight, and enforcement on the
Easement Area of its rules governing activities and uses of City -owned parks, including
property comprising a part of the City's Greenway system. Such inspection, oversight, and
enforcement will be the responsibility of the City Police personnel. In addition to such control
and oversight over the Easement by City Police, other officers of the City, their employees,
agents and successors and assigns, shall have the right to enter the Easement Area for the
purpose of inspecting such area to assess compliance with the various terms, conditions, and
restrictions of the Greenway Easement.
{SK012175.DOC 2 ) 5
Hanson Crabtree Quarry Expansion - Page 222 of 318

4. Upon breach of any of the terms and conditions of this Easement by the Grantor, or
anyone acting for or under authority of the Grantor, the City shall, except as provided below,
notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of
such notice to correct any conditions constituting such breach. If the breach remains uncorrected
after 30 days, the City may enforce the terms of this Easement by any appropriate legal
proceedings, including actions for damages, injunctive, and other relief. In addition, the City
shall also have the further power and authority to:
(a) immediately abate or prevent any impairment or degradation of the property
subject to the Easement by acts which may be unlawful or otherwise in violation
of this Easement; and
(b) otherwise preserve or protect its interest in the Easement Area; and
(c) seek damages from any appropriate person or entity.
ARTICLE IV. MISCELLANEOUS
1. General Reservation of Rivhts. The Grantor expressly reserves the right to continue the
use of the property subject to the Easement for all purposes not inconsistent with terms of the
Easement.
2. FencinE E. of Duraleigh Road. The City shall secure any portion of the Easement Area
in which greenway trails are constructed with fencing acceptable to Grantor. The minimum
standard shall be a six (6) foot high chain link fence.
3. West of Duraleigh Rd.; Securitv, Safety; Design Elements. The parties acknowledge
that, prior to the City's Access Date under terms of the Settlement Agreement, those portions of
the Easement Area located west of Duraleigh Road are in proximity to active mining operations,
including periodic blasting events, and are immediately adjacent to other quarry - related
activities. Accordingly, in the design and construction of any greenway trail improvements in
the Easement Area west of Duraleigh Road, the following further conditions shall apply:
a. In the design and construction of the greenway trail in this area (which will consist
of a series of trail switchbacks), the paved greenway trail will be located as far
from the quarry- related activities (southerly and eastward) as practicable. The
City's proposed design for this trail section shall be subject to review by and
consultation with Hanson prior to its final adoption.
b. Fencing and/or enclosures in this area and west of the paved trail shall be located as
close as possible to the paved trail, consistent with the City's standard greenway
design and construction practices.
{SK012175.DOC 2 }6
Hanson Crabtree Quarry Expansion - Page 223 of 318

c. In that portion of the easement area west of the fencing and for enclosures, Hanson
shall be permitted to plant landscape screening material.
d. Within the easement area, the City may install trees, shrubs, and other landscape
materials and improvements as a vegetative buffer between the trail and Duraleigh
Road and for the visual enhancement of the greenway trail.
e. The City shall incorporate vertical and horizontal barriers and/or enclosures
( "security and safety improvements ") sufficient to contain within, and assure the
safety of, all users of the greenway trail in this portion of the Easement Area. Such
security and safety improvements shall be subject to prior approval as to design by
Hanson (such approval not to be unreasonably withheld), and the City shall
cooperate and consult with Hanson in the design of such security and safety
improvements. The minimum standard for the fencing shall be eight (8) foot high
chain link fencing with three (3) foot high top guards that curve to the inside of the
greenway area.
f. With respect to the greenway easement and trail improvements west of Duraleigh
Road; Hanson shall have the right to: (i) remove and prosecute persons on the
greenway during periods when the greenway is not open to the public and at times
when the greenway is open to the public if such persons are creating a safety or
security risk for Grantor; and (ii) implement such other reasonable security
measures as it deems necessary and appropriate or as may be required by its
insurance carrier; provided, however, Grantor will provide a minimum of thirty (30)
days prior written notice to the City prior to installing or implementing additional
security measures.
4. Citv's Covenant and Indemnity. To the extent authorized by law, the City agrees to hold
the Grantor harmless from liability for personal injury or property damage arising out of the use
of the Easement for Greenway purposes. the Grantor shall not be held harmless from
liability caused by the active fault or negligence of the Grantor, or instrumentalities of the
Grantor, its agents, invitees, or contractors; or by acts of the Grantor, its agents, invitees, or
contractors which violate the terms and conditions of this Easement. The parties acknowledge
that the authority of a municipality to indemnify against claims has not been established by any
N.C. statute or court decision.
5. Jurisdiction and Venue. In the event of any dispute arising under terms of this Easement.
jurisdiction shall be in the courts of North Carolina, and venue shall be in Wake County.
6. Severability. If any provision of this Easement is declared void, invalid or otherwise
unenforceable for any reason by a court of competent jurisdiction, the remaining provisions
shall continue to be fully effective and enforceable, it being the express intent of the Parties that
the provisions hereof be Severable.
tsK012175.DOC 2 17
Hanson Crabtree Quarry Expansion - Page 224 of 318

THE EASEMENT interest herein described and conveyed does not include a primary
residence of the Grantor.
TO HAVE AND TO HOLD the right, privileges, and easements herein granted to the
City, its successors and assigns ,forever. The Easement shall run with the land as a perpetual
servitude, and shall be binding upon the Grantor and its agents, successors, and assigns forever.
AND THE GRANTOR COVENANTS that it is vested of the Easement, and has the
right to convey the same; that the same is free from encumbrances except as hereinafter stated,
and that the Grantor will warrant and defend title to the same against the claims of all persons
whomsoever.
Subject to easements, restrictions, and encumbrances of record.
IN WITNESSETH WHEREOF, the Grantor has duly executed the foregoing
instrument in the name of the limited liability company, by the signature of its
V f" -eraf IV414- ,'Weems the act and deed of the limited liability company, and the City
has executed the instrument in its corporate name, by the signature of its City Manager, attested
by its City Clerk - Treasurer, for the purpose of giving and memorializing its consent thereto, all
on the day and year first above written.
HANSON AGGREGATES SOUTHEAST LLC
By. �� ( SEAL)
Its: Pees �d- �nfi1�-ren�+rala
{SKO12175.DOC 2 ) 8
Hanson Crabtree Quarry Expansion - Page 225 of 318

V
i
Its
PROPERTY S RI ION APPROVED
Public Works Dir ct
Consented to:
CITY OF RALEIGR
( SEAL)
ei� et/gk. SG r.T
r •+
ATTES : /
r
Its: (./T�i Clt ✓�
APPROVED AS TO FORM:
Alto e
1Sxa[2175.DoC z ;9.
Hanson Crabtree Quarry Expansion - Page 226 of 318

S TATE OF
COUNTY OF
C, leoc4 j 0--
J
ACKNOWLEDGEMENT
This is to certify that on the '31' day of ' 2014 before me
personally came Chfv<. V\lA.m, , wirt?h whom I am personally
acquainted, wR be'n,,,� be me d y sworn, says that (s) he is the
V [ f2 pf�Si 6en� y tr of
Hanson Aggres outheast, LLC , the united liability company and principal named in
the foregoing instru ent; that t name of the company was subscribed thereto by the
saidv 1(D 9Ce51dl# and that the instrument is the act and deed of
the limited liability company.
Witness m and official seal this the day of �JQ {rr 20A.
EXPIRES �
4
( E GEORGIA = Not ry E lic
SEPT 2016 Santis e
�so�
A. 0 �I (notary's printed name)
My Commission 'xplres:&&
I
It SK412175.DOC 2 } I I
Hanson Crabtree Quarry Expansion - Page 227 of 318

NORTH CAROLINA
CITY /MANAGER
COUNTY OF WAKE ACKNOWLEDGEMENT
This is to certify that on the J day of ttb , 2014, before me personally came Gail
G. Smith, with whom I am personally acquainted; who, being by me duly sworn, says that she is
the City Clerk and Treasurer and Ruffin L. Hall is the City Manager of the City of Raleigh, the
municipal corporation described in and which executed the foregoing; that she knows the
corporate seal of said municipal corporation; that the seal affixed to the foregoing instrument is
said corporate seal, and the name of the municipal corporation was subscribed thereto by the
City Clerk and Treasurer and that the official corporate seal was affixed, all by order of the
governing body of said municipal corporation; and that the said instrument is the act and deed of
the municipal corporation.
WITNESS my hand and official seal this the j day of r-t:&kvR ky , 2014.
.�
U
{SEAL }:,rC,�''
My Commission Expires: 00 V . I
ary Public
Notary's Printed Name
1SKQI2175.DOC 2 } 12
Hanson Crabtree Quarry Expansion - Page 228 of 318

EXHIBIT I
Being those easement areas identified as "NEW CITY OF RALEIGH GREENWAY
EASEMENT ", comprising 226,849 sq. ft. (5.21 acres) as shown and described on that
exhibit plat entitled, "EASEMENT ACQUISITION MAP FOR CRABTREE CREEK
GREENWAY", sheet i of 3, 2 of 3, and 3 of 3, respectively, prepared by Stewart
engineering company, and attached as EXHIBIT I -A.
Hanson Crabtree Quarry Expansion - Page 229 of 318

L90 L9d_`
F 5
` ! (97<9?Lg3W L4L88
Ril
A
/ EXHIBIT 1 -A
EXISTING PERMANENT
- DRAINAGE EASEMENT
NORTH
(BM 2301, PG 1955)
NAD83(2011)
EXISTfNG PERMANENT
SLOPE EASEMENT
(BM 2009, PG 1955)
NEW CITY OF RALEIGH
GREENWAY EASEMENT
;29 (157,968 SF, 3.625 AC)
NIF
BENCHMARK CAROLINA
EXISTING
° EL AG j 1G A 50, yTPG � G
NC
DRIVE PIN 4786 -62 -0033
< r O2 � (15.34 ACRES PER RECORDS)
OP (15.34
L33
NEW CFTY OF RALEIGH
GREENWAY EASEMENT
' (46,296 SF, 1.053 AC)
/ EXISTING PERMANENT `
SLOPE EASEMENT
(EIM 2DO1, PG 1955) ` d
EXISTING PERMANENT \ ` L72
ECM DRAINAGE EASEMENT -�
(BM 2001, PG 1955)
NEW CITY OF RALEIGH
Z U 0 GREFNWAY EASEMENT
p (22,585 SF, 0.519 AC) \ {� / •' i
4 U) ,,, ww N(F EXISTING 40' MARY
BENCHMARK CAROLINA SEWER EASE ENT
w a •? w (BM 1979, PG O)
Q N tO Q
'z � c7 � W AGGREGATES, INC
2 LLI �2 a w DB 1592, PG 361
m z U PIN 0786 51 -2559
T ¢ (28 -49 ACRES PER RECORDS)
m ° CENTERLINE OF
CRA13TREE CREEK
IS PROPERTY LINE r
N1F
DAVID C_ C.
LEGEND f
JUNE T. F. TONG � 'A`
jl` Z `', r
IN
SURVEY CONTROL POINT 2204, PG
PIN 0786 - 51.75656 $ L62 ' r
C1 ECM EXISTING CONCRETE MONUMENT
A COMPUTED POINT 1�
0.2% CHANCE FLOOD LINE
-- • -
I% CHANCE FLOOD LINE w
—FW— FLOODWAY LINE
PROPERTY LINE SURVEYED
w
PROPERTY LINE NOT SURVEYED Z
- - - - EASEMENT LINE _
GREENWAY EASEMENT I /
SEE SHEET 2 FOR f. /J
GENERAL NOTES
AND SHEET 3 FOR
LINE TABLES VICI11ty Map:
Not t0 scale R DR
THIS MAP IS NOT A CERTIFIED SURVEY ��tti +� " + +�r•• NORTH
AND HAS NOT BEEN REVIEWEDBYA 'Nt IN CARI}��•, CRABTREE CREEK
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE �6� 10•.7 `
SEAL DEVELOPMENT REGULATIONS-
N- 7;
'•a L -5023 r•
c,•- SITE \
%.'�, �• ....... QiV RICHLAND
5 ilk 4 ♦t CREEK
••+ ��+ W. ;� � DURALEIGH RD
0 75 150 300 �/�„;i�`�< -- r
SCALE: 1" =150' / 111&1'q '` ROC-000 DR
EASEMENT ACQUISITION MAP FOR: Project No: G13026 Revised: 1116114
Uja CRABTREE CREEK GREENWAY Scale: 1" =150' Date: 10125113
S T E WA R T MEREDITH TOWNSHIP, CITY OF RALEIGN I Drawn By: RWP D""y "
,,ne e �� WAKE COUNTY, NORTH CAROLINA I Checked By: RWP I OF 3
Hanson Crabtree Quarry Expansion - Page 230 of 318

1�L43
�CSO:
Lu
W(
?I
s
i HIQ
\� a
01
n23� �Z s�
LP
46 �� o �1& 116
NORTH
NAD83(2011)
poa p
� 0 6,L
Its' � tO6' y l N�
NEW CITY OF RALEIGH
GREENWAY EASEMENT
(157,968 SF, 3.626 AC)
ro
NIF y
DAVID C. C. &
JUNE T- F. TUNG \ 1 F
DB 2204, PG 411
PIN 0786 -51 -7568
CENTERLINE OF
CRABTREE CREEK Fk`�
IS PROPERTY LINE
GENERAL NOTES
THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS.
• +` H CARD 'rrr
+ e,C /
+ ?� ,EEss o' 4, -F ;
.
SEAL 7' 5023 L— r'
!.'�Rp Yf �•••
r,r r, „ ' V .
l/l -l.r Y
SEE SHEET 3 FOR
��
LINE TABLES
t i
0 75 15D 300
F ,0Ni4 =�&Tll
1 1. THIS PLAT iS INTENDED TO REPRESENT CITY OF RALEIGH GREENWAY EASEMENTS ON A PORTION OF THE PROPERTY OF
BENCHMARK CAROLINA AGGREGATES, INC., PIN 0786 -34 -9208, AND IS NOTA BOUNDARY SURVEY. THIS SURVEY WAS PERFORMED
WITHOUT THE BENEFIT OF A TITLE REPORT AND THEREFORE ALL ENCUMBRANCES UPON THE PROPERTY MAY NOT BE SHOWN.
2. REFERENCES;
DEED ROOK 1592, PAGE 361
DEED BOOK 14831, PAGE 744
BOOK OF MAPS 1990, PAGE 765
BOOK OF MAPS 2001, PAGES 1953 -1955
3. HORIZONTAL DATUM IS NAD 83 (2011) AND VERTICAL DATUM IS NAVD88. BASED ON GPS METHODS USING REAL-T(ME KINEMATIC
SOLUTIONS FOR THE SURVEY CONTROL POINTS SHOWN HEREON AND TIED TO NORTH CAROLINA GEODETIC SURVEY MONUMENTS
"ANNE LAKE 3" AND "PATROL 2 ".
"ANNE LAKE 3" "PATROL 2"
N 772886.53' N 747347.08'
E 2080781.95' E 208672763'
EL 376.96' EL 493.99'
4. THE INITIAL STATE PLANE POSTIONS FOR T}ilS SURVEY WERE SCALED FROM GRID TO GROUND FROM A PROJECT LOCATION OF
W760851.569' E:2084641.372', AN ELEVATION OF 361.55', USING A COMBINED FACTOR OF 0.99991636.
5. THE SUBJECT PROPERTY iS ZONED PIN 0786 -34 -9208 "R -4" (RESIDENTIAL) AND PIN 0786-30 -8569 "R -6" (RESIDENTIAL) PER THE WAKE
COUNTY GEOGRAPHIC INFORMATION SYSTEM.
7. THE SUBJECT PROPERTY LIES IN ZONES X (AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCEAND FUTURE
CONDITIONS 1 % ANNUAL CHANCE FLOODPLAIN), X (SHADED) (AREA OF 0-2% ANNUAL CHANCE FLOOD; AREAS OF FUTURE
CONDITIONS 1% ANNUAL CHANCE FLOOD; AREAS OF 1 % ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT
OR WITH DRAINAGE AREAS OF LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE
FLOOD), AE (AREA DETERMINED TO BE INSIDE THE 1 %ANNUAL CHANCE FLOOD, BASE FLOOD ELEVATIONS DETERMINED), AND
FLOODWAY (DELINEATED FLOODWAY OF A STREAM). BASED ON THE FLOOD INSURANCE RATE MAP COMMUNITY MAP NUMBER
3720076500.1 DATED MAY 2, 2005. FLOOD HAZARD LINES SHOWN HEREON ARE FROM NCFLOODMAPS.COM.
8. ADDRESS: 5209 DURALEIGH ROAD
EASEMENT ACQUISITION MAP FOR: I Project No: G13026 Revised: 1116114
00 0 CRABTREE CREEK GREENWAY I5cale: V- -150' Date: 10/25/13
S T E WA R T MEREDITH TOWNSHIP, CITY OF RALEiGN I Drawn By: RWP Dma A q No:
•� WAKE COUNTY, NORTH CAROLINA Checked By: RWP 2o,3
Hanson Crabtree Quarry Expansion - Page 231 of 318

LINE TABLE
LINE BEARING DISTANCE
L1
N45 "16'54 "E
500.31'
L2
N45 °16'54 "E
78.54'
L3
N45'16'54 "E
74.00'
L4
N45 °16'54 "E
91,24'
L5
N45 °1654 "E
27.20'
L6
$45 °03'27 "E
70.90'
L7
S45'29'31 "E
20.94'
L8
S36'00'44'W
11.40'
L9
S09'64'11 "E
11.9T
L10
S89 °30'40 "E
9.92'
L11
N77'OT42 "E
13.48'
L12
S52 "08'44 "E
57.90'
L13
839'5VIVE
44.09'
L14
S70 °08'57 "E
17.99'
L15
848'29'02 "F
8.68'
L16
S01 '33'58"W
115.51'
1 L17
N47'1 1'49'W
33.68'
L18
N44 "10'06'W
59.20'
1-19
N42'34'32'W
67.50'
L20
N54'42'58'W
68.74'
L21
N51'1 1'32'W
4324'
L22
N37'10'13'W
53.04'
L23
S01 '33'58"W
573.37'
L24
S01'33'58'W
65 -54'
L25
S56 °26'21 "E
29.27'
L26
S55 °14'55 "E
26.55'
L27
S46 "22'54 "E
6136'
L28
541'16'05 "E
47.57'
L29
54518'47 "E
63.71'
L30
S47'21'50 "E
58.29'
L31
S42'52'33 "E
21.76'
L32
S47 "02'57 'E
100.69'
L33
S43'57'54 "E
8.52'
`ryrrrrr +r
•�q1j CARp�
'o ti
k- SEAL
e4 R--SOZS r.
LINE TABLE
LINE
LINE TABLE
LINE
BEARING
DISTANCE
L34
S36 °02'31 "E
11.85'
L35
333 °34'30 "E
124.59'
L36
S25 °21'21 "E
144.53'
L37
S18 "2T42 "E
81.36
L38
S08 °05'24 "F
84.64'
L39
S31 "49'16 "E
35.92'
L40
S21 °14'11 "E
4729'
1.41
S20'5607"E
30.67'
L42
S24"23'23 'E
49.55'
L43
S47 °43'14 'E
35.10'
L44
S47 "43'14 "E
50.26'
L45
S39'21'27 "E
50.06'
L45
S46 "09'19 "E
18.88'
L47
S53 °36'07 "E
37.70'
L48
S52'38'11 "E
106.OT
L49
S55 °12'57 "E
116.73'
L50
553'35'09 "E
92.22'
L51
S59'29'38 "E
63.61'
L52
S55 °36'26 "E
42.04'
L53
N08'32'00'W
32.15'
L54
N08 '32'00'W
87.87'
L55
N60'52'04'W
62.49'
L56
N55 °42'2C'W
98.31'
L57
N56'55'40'W
133.40'
L56
N53 '27'0TW
57.69'
L69
N54 "12'04'W
77.83'
L50
N53 '5223'W
94.24'
L61
N49 '02'07'W
45.35'
L62
N42 '37'42'W
77.09'
L63
N44'32'01'W
54.31'
L64
N36 °26'46'W
67.93'
L65
NO3 '46'49 "E
11.80'
1-65
N19 °35'40"W
I�
75.25 f
LINE TABLE
LINE
BEARING
DISTANCE
L67
N20'22'44"W
78.51'
FL55
NIO'40'51'W
60.14'
L59
N20 "44'45'W
65.93'
L70
N25'06'12"W
90.18'
L71
N15'46'42'W
36.66'
L72
N44'52'45'W
18.19'
L73
N33'02'29'W
45.60'
L74
N31"19'08 -W
63.40'
L75
N46- 52.05 -W
105.49'
L76
N42'CO'43"W
43.11'
L77
N53'55'47W
54.85
L78
N40'23'24'W
43.70'
L79
N44'1 3'38'W
108.28'
FL
N52 "18'38 '1N
61.18'
L81
NOS'32'00"W
95..18'
+�
L82
NOS '32'00'W
88.35'
L83
N45 "16'54 "E
363.37'
L84
N45 "16'54'T
291.T7'
L85
N45 "16154 "E
47.97'
L65
N34'27'59'W
169.88'
L67
N15'17'37'W
23.32'
L88
N36 °37'22 "E
124.63'
L89
N46'31'40 "E
21.62'
L90
N43'42'07 "E
26.45'
L91
S58 °25'08 "E
26.77'
L92
S61 "17'12 "E
31.01'
L93
S68'13'30 "E
37.78'
L94
S61'12'55 "E
20.02'
L95
ST7 "29'51 "E
16.1T
1-96
866 °19'45 "E
39.28'
L97
S69 "48'06 "E
35.51'
L98
S61 °24'57 "E
15.33'
THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS.
Iff,,-
AM
EASEMENT ACQUIS]TIOI�i MAP FOR:
Project No: G13026 Revised: 1116114
CRABTREE CREEK GREENWAY
Scale: NA Date: 10125113
S T E WA R T
MEREDITH TOWNSHIP, CITY OF RALEIGN
Drawn B RWP Ora ing No:
y�
WAKE COUNTY, NORTH CAROLINA
Checked By: RWP 301`3
Hanson Crabtree Quarry Expansion - Page 232 of 318

Instrument prepared by: Raleigh City Attorney's Office and Styers, Kemerait & Mitchell,
PLLC
Brief Description for Index: Crabtree Creek
Tax ID: PIN 0786349208
Mail after recording to: Raleigh City Attorney's Office.
P.O. box 590 Raleigh, NC 27607
STATE OF NORTH CAROLINA
COUNTY OF WAKE
PERMANENT
CONSERVATION EASEMENT
This CONSERVATION EASEMENT ( "Conservation Easement-) is made on the q't' day
of .F`(er" 2014 (the "Effective Date ") by HANSON AGGREGATES
SOUTHEAST LLC, a Delaware limited liability company with an address of 2310 Parklake
Drive, Suite 550 Atlanta, Georgia 30345, hereinafter referred to as "Hanson" or the "Grantor ",
to the City of Raleigh, a North Carolina Municipal corporation with an address of P.O. Box
590, Raleigh, NC 27602, (the "City' ")
WIITNESSETH:
WHEREAS, Hanson is the owner in fee simple of the property having Wake County
PIN 0786349208 (the "Property "), particular areas of which have significant ecological,
horticultural, environmental, aesthetic, and recreational value in their present state, which values
should be preserved and maintained (the "Easement Area"); and
WHEREAS, the City is authorized by its Charter and the North Carolina General
Statutes to acquire land and interests in land, including conservation easements, for open space
preservation, conservation and protection of natural areas and areas of environmental
{SKOI t443.DOC 3 )
Hanson Crabtree Quarry Expansion - Page 233 of 318

significance, including riparian buffers, and establishing a network of greenways for
environmental, educational, and recreational uses; and
WHEREAS, the Grantor and the City have entered into a Settlement Agreement dated
reWuari 4 , 2014 ( "Settlement Agreement ") in order to resolve a longstanding legal dispute
concerning quarrying activities permitted on the Property, the resolution of such matters having
implications for the location of greenway trails and easement to accommodate such trails; and
WHEREAS, pertinent provisions of the Settlement Agreement are incorporated into
that Declaration of Covenants, Conditions, and Restrictions ( "Declaration of Covenants ") dated
Y, aa151 , and recorded in Deed Book 163'*V, Page Sr,S"y Wake County
Registry; and
WHEREAS, the Property is subject to that certain permit number 92 -03 for the
operation of a crushed stone quarry issued by the North Carolina Department of Environment
and Natural Resources (the "Mining Permit "); and
WHEREAS, the City has proposed to construct, and intends to make available for
public use, the Crabtree Creek Greenway ( "Greenway Project "), portions of which are to be
located on or adjacent to the Easement Area; and
WHEREAS, in furtherance of the above stated environmental and conservation
objectives; for the enhancement of the Greenway Project; and in accordance with terms of the
referenced Settlement Agreement, Hanson has agreed to convey to the City this non- exclusive
Conservation Easement (the "Easement ") over the Easement Area, and the City has agreed to
accept such Easement.
NOW, THEREFORE in consideration of the Recitals and other valuable consideration
the receipt and sufficiency of which are hereby acknowledged, and the further mutual terms and
conditions hereof, the Grantor hereby irrevocably grants and conveys in perpetuity, and the City
hereby accepts, the Conservation Easement of the nature and character and to the extent
hereinafter set forth in, over, through and across the Easement Area, described as follows:
See Exhibit 1, attached.
ARTICLE I. PURPOSES AND USES
1. The purpose of the Easement is to preserve, protect, and maintain the Easement Area as
an undeveloped and natural area.
1 SK011443. DOC 3
Hanson Crabtree Quarry Expansion - Page 234 of 318

2. The qualities of the Easement Area intended to be protected under this Easement
(subject to provisions of Article IL H. hereof) include conservation of the natural heritage of the
area; water pollution control and abatement, ecological preservation; wildlife habitat
management; preservation of the visual amenities of the Easement Area; preservation of a
natural ecosystem; and provision of a recreation resource to members of the public.
3. Subject expressly to those terms, conditions, and restrictions set forth herein, the
Easement Area shall remain in its present, natural, and undeveloped state as a conservation and
recreation use area.
4. There shall be no access by the City, the State, or the public at large granted by this
Easement to any other property of the Grantor, save that described and conveyed herein.
5. The Grantor shall remain the fee owner of the property subject to this Easement and as
such, may use and enjoy the Easement Area for purposes not inconsistent with terms of this
Easement. More specifically (by way of illustration and not limitation), the Grantor shall enjoy
rights and entitlements of fee ownership for purposes of applicable land use regulations
(including measurement of building setback distances, density credit transfers, and similar
regulations); the payment of taxes on the property; and other applicable laws and ordinances.
ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES;
GRANTOR'S RESERVED ACTIVITIES
Except as specifically reserved herein by the Grantor, any activity on, or use of, the Easement
Area inconsistent with the purposes of this Conservation Easement is prohibited. Subject to the
rights granted the City under Article III. hereof,, the Easement Area shall be maintained in its
natural, scenic, wooded, and undisturbed condition, restricted from any development or use that
would impair or interfere with the conservation values of the Easement Area.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited or restricted.
A. Industrial and Commercial Use. Industrial and commercial activities and any
right of vehicular or pedestrian passage for such purposes are prohibited.
B. Agricultural. Timber Harvesting. Grazing and Horticultural Use. Agricultural,
timber harvesting, grazing, and horticultural and animal husbandry operations are prohibited.
C. Disturbance of Natural Features. Plants and Animals. There shall be no cutting
or removal of trees, or the disturbance of other natural features, plants or animals except for the
FSKOI 1443.DOC 3 }
Hanson Crabtree Quarry Expansion - Page 235 of 318

following: (1) as incidental to boundary marking, fencing, signage, construction and
maintenance of nature /greenway trails; and (2) selective cutting and prescribed burning or
clearing of vegetation and the application of mutually approved pesticides for fire containment
and protection, disease control, restoration of hydrology, wetlands enhancement and/or control
of non - native plants.
D. Construction of Buildings and Recreational Use. There shall be no constructing
or placing of any building, mobile home, asphalt or concrete pavement, waste facility, billboard
or other advertising display, antenna, utility pole, tower, conduit, line, pier landing, dock or any
other temporary or permanent structure or facility on or above the Easement Area except for the
following: placing and display of signs identifying the conservation values of the Easement
Area, and signs identifying the as owner or owners of the Conservation Easement.
E. Mineral Use. Excavation. Dred>;in2. There shall be no filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner except by the City as
necessary for erosion control or conservation management activities.
F. Wetlands and Water Qualitv. There shall be no pollution or alteration of water
bodies and no activities that would be detrimental to water purity or that would alter natural
water levels, drainage, sedimentation and/or flow in or over the Easement Area or into any
surface waters, or cause soil degradation or erosion or diking, dredging, alteration, draining,
filling or removal of wetlands, except activities to restore natural hydrology or wetlands
enhancement as permitted by state and any other appropriate authorities.
G. Dumbinl?. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles,
appliances, machinery, or other materials on the property is prohibited.
H. Noise, Dust Vibration Exception The Grantor expressly excepts from the
provisions of the Greenway Easement and, for its successors and assigns, expressly reserves
the right to cause vibrations, noise, dust, particulates, debris, and other similar materials and
odors to be in the air above, descend upon, go across, or go through the Easement Area, and in
general to subject the Easement Area to all similar damages and/or consequences arising from
the location and operation in the vicinity of the Easement Area of any the Crabtree Quarry and
related activities, including without limitation equipment operation and truck traffic at, to and
from Crabtree Quarry. By accepting this grant of a Conservation Easement; the City hereby
subordinates its rights under the Conservation Easement to those of the Grantor relating to
noise, dust, and vibration as enumerated above ("Noise, Dust, and Vibration Exception").
Notwithstanding the foregoing, nothing contained herein shall be construed to allow Grantor's
vehicles, equipment, employees or customers to physically enter the Easement Area or to
conduct mining operations thereon. This Noise, Dust and Vibration Exception shall terminate
upon the expiration of the Reclamation Period, as defined in the above referenced Settlement
Agreement and recorded Declaration of Covenants.
{SKO11443.DOC 3
Hanson Crabtree Quarry Expansion - Page 236 of 318

ARTICLE III. FUTURE RIGHT OF ACCESS AND USE
A. Connector Trail and Facilities; Public Use. Subsequent to or contemporaneous
with the construction by the City of a Greenway trail on lands adjacent to the Easement Area
(pursuant to that Permanent, Provisional Easement from Hanson to the City dated 0*j YZple
and recorded in Deed Book /r_ V , Page * ef L , WCR), the City shall have the right to
construct, maintain, repair, and devote to use by the public, a trail or walkway providing access
by users of the Greenway Trail to the Easement Area. In association with such public access
facilities, the City may also construct and maintain within the Easement Area observation
platforms, instructional signs and displays, and safety and convenience facilities.
B. Trail Construction and Use Delayed, "City Access Date ". The City is expressly
prohibited from construction of trails and facilities upon, and providing public access to, the
Easement Area until the "City Access Date" pursuant to the referenced Settlement Agreement,
which date is anticipated to be a maximum of forty (40) years from the Effective Date hereof.
ARTICLE IV. ENFORCEMENT & REMEDIES
I . The City shall have authority and responsibility for enforcement of the terms of this
Easement. Any forbearance by the City to exercise rights hereunder in the event of breach of
any term, condition, or restriction shall not be deemed or construed to be a waiver of any right
of enforcement. No delay or omission by the City in the exercise of any right or remedy shall
impair such right or remedy, or be construed as a waiver.
2. No provision of this Easement shall be construed or applied to limit the rights of, or
remedies available to, the Parties under terms of the referenced Settlement Agreement and
Declaration of Covenants. In the event of ambiguity or inconsistency between provision of this
Easement and the Settlement Agreement and Declaration of Covenants, the latter shall prevail.
4. Upon breach of any of the terms and conditions of this Easement by the Grantor, or
anyone acting for or under authority of the Grantor; the City shall, except as provided below,
notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of
such notice to correct any conditions constituting such breach. If the breach remains uncorrected
after 30 days, the City may enforce the terms of this Greenway Easement by any appropriate
legal proceedings, including actions for damages, injunctive, and other relief. In addition, the
City shall also have the further power and authority to:
{5K011443.DOC 3 1
Hanson Crabtree Quarry Expansion - Page 237 of 318

(a) immediately abate or prevent any impairment or degradation of the property
subject to the Easement by acts which may be unlawful or otherwise in violation of this
Easement; and
(b) otherwise preserve or protect its interest in the Easement Area; and
(c) seek damages from any appropriate person or entity.
5. Inspections. Prior to the City's Access Date, the City may have limited access to
the Easement Area for the purpose of inspecting the Easement Area to monitor and determine
compliance with the terms, conditions and restrictions of this Conservation Easement. Such
limited access requires forty eight (48) hours prior notice to Grantor. Because, prior to the
City's Access Date, the Property will be an active mine under the jurisdiction of the U.S.
Department of Labor Mine Safety and Health Administration. ( "MSHA "), the City, its
employees, contractors, representatives and agents shall be considered a contractor under
MSHA rules and regulations and will subject to all MSHA rules and regulations while on the
Property, including the requirement to have safety training prior to entering the Property. The
City, and any of its employees, contractors, representatives and agents that access the Easement
Area prior to the City's Access Date must be accompanied by representative of Grantor during
such inspection. The above - stated requirements and conditions upon inspections shall be of no
further effect subsequent to the City's Access Date.
b. Acts Beyond the Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle the City to bring any action against the Grantor for any
injury or change in the Easement Area, resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, stoma., and earth movement, or from any prudent action
taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to life, damage to property or harm to the Property resulting from such causes.
ARTICLE V. MISCELLANEOUS
1. Conservation Purpose. Subject to the uses specifically reserved herein to the Grantor,
the Grantor and the City, their respective successors and assigns, agree that this Conservation
Easement shall be held exclusively for conservation purposes.
2. Construction of Terms. This Conservation Easement shall be construed to promote the
purposes of the North Carolina enabling statute set forth inN.C.G.S. 121 -34, which authorizes
the creation of Conservation Easements for purposes including those set forth in the Recitals
herein, and the conservation purposes of this Conservation Easement, including such purposes
as are defined in Section 170(h)(4)(A) of the Internal Revenue Code.
{5K0 ] 1443.DOC 3 )
Hanson Crabtree Quarry Expansion - Page 238 of 318

2. Jurisdiction and Venue. In the event of any dispute arising under terms of this
Easement, jurisdiction shall be in the courts of North Carolina, and venue shall be in Wake
County.
3. Severability. If any provision of this Easement is declared void, invalid or otherwise
unenforceable for any reason by a court of competent jurisdiction, the remaining provisions
shall continue to be fully effective and enforceable, it being the express intent of the Parties
that the provisions hereof be Severable.
THE EASEMENT AREA described and conveyed herein does not comprise a primary
residence of the Grantor.
TO HAVE AND TO HOLD unto the City, its successors and assigns, forever. The
covenants agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid
shall be binding upon the Grantor, its successors and assigns, and shall continue as a servitude
running in perpetuity with the Property.
AND THE GRANTOR COVENANTS that it is vested of the Property in fee and has
the right to convey the herein described Easement in the same; that the same is free from
encuumbrances except as hereinafter stated, and that the Grantor will warrant and defend title to
the same against the claims of all persons whomsoever.
Subject to easements, encumbrances, and restrictions of record.
IN WITNESSETH WHEREOF, the Grantor has duly executed the foregoing
�ins rument i th name of the limited liability company, by the signature of its
, as the act and deed of the limited liability company, and the City
has executed the instr meat in its corporate name, by the signature of its (Interim.) City
Manager, attested by its City Clerk - Treasurer, for the purpose of giving and memorializing its
consent thereto, all on the day and year first above written.
(SKO1 1443.DOC 3 }
Hanson Crabtree Quarry Expansion - Page 239 of 318

{SK611443.DOC 3 j
HANSON AGGREGATES, SOUTHEAST, LLC
By:
Its V ti U- ?(OS i
Hanson Crabtree Quarry Expansion - Page 240 of 318

;,v RA��
0
1 110 W�r
Wy � CA RO�
% %
PROPERTY TION APPROVED:
Public Works Dire r
{SKOI1443.DOC 3
Consented to:
CITY OF RALEIGH
By:
it
Its C.i �t Afoore je ✓
ATTEST-.j �L
By: —
Its:
APPROVED AS TO FORM:
(SEAL)
Hanson Crabtree Quarry Expansion - Page 241 of 318

STATE OF _C?,Q_pL(1 ti✓
COUNTY OF f T Lnft�
ACKNOWLEDGEMENT
This is to certify that on the�`g day of 2014, before me
personally came Cyla& WK4-c ; with whom T am personally
acquainted who bein be me duly sworn, says that (s)he is
the Vt LQ- ���Siden n2ra� of
Hanson Aggregates Southeast, LLCLC� ited liability company and principal named in
the foregoing instrument; that the name of the company was subscribed thereto by the
said V � (Q No- ,<�Jot ewol Q(, and that the instrument is the act and deed of
the limited liability c parry,
u +1rrrr rrr day of 1UQ 20.
Witness �c��,fficial seal this the ,
OTA
(SEAT GEORGIA = No ary Public
SEPT. S, 2016 i G- 1 V S
�� {notary's printed name)
C lL
My Commis ires�
{SK01 I443.DOC 3
Hanson Crabtree Quarry Expansion - Page 242 of 318

NORTH CAROLINA
COUNTY OF WADE
CITY /MANAGER
ACKNOWLEDGEMENT
This is to certify that on the 3 day of r(t6 , 2014, before me personally came Gail
G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is
the City CIerk and Treasurer and Ruffin L. Hall is the City Manager of the City of Raleigh, the
municipal corporation described in and which executed the foregoing; that she knows the
corporate seal of said municipal corporation; that the seal affixed to the foregoing instrument is
said corporate seal, and the name of the municipal corporation was subscribed thereto by the
City Cleric and Treasurer and that the official corporate seal was affixed, all by order of the
governing body of the municipal corporation, and that the said instrument is the act and deed of
the municipal corporation.
6
WITNESS my hand and official seal this the day of ��l PWAM 20114
.�Ay °`
(SEAL) CrR�`"�'
My Commission Expires:
r
{SK411443.DOC 3
any Public
Notary's Printed Name
Hanson Crabtree Quarry Expansion - Page 243 of 318

,SK011443.€JOC 3
EXHIBIT 1
Being the easement area identified as "NEW CITY OF RALEIGH
CONSERVATION EASEMENT ", comprising 41,716 sq. ft. (0.958 acre) as
shown and described on that exhibit plat entitled, "EASEMENT ACQUISITION
MAP FOR CRABTREE CREEK GREENWAY ", sheet 1 of 2 and 2 of 2,
respectively, prepared by Stewart engineering company, and attached hereto as
EXHIBIT 1 -A.
Hanson Crabtree Quarry Expansion - Page 244 of 318

i
L1DLii1 -1 ?tea!
. _ � ter• L
NORTH
NADB'.(2611)
.f
EXISTIN G P ERMA NENT
SLOPE EASEMENT
(Bm 2001, FG 1955)
�AOr
EXHIBIT I -A
(! r
CONSERVATION EASImIN T
f
NIF
(41,71 6 SF,D.958AC) EGM
%f STATE OF
NORTH
CAROLINA
f CENTERLINEOF
1 CRABTREE CREEK
IS PROPERTY LINE
f PIN 47 66 -02 -1978
C.�-�f
BENCHMARK CAROLINA
N
L1DLii1 -1 ?tea!
. _ � ter• L
NORTH
NADB'.(2611)
.f
EXISTIN G P ERMA NENT
SLOPE EASEMENT
(Bm 2001, FG 1955)
�AOr
Hanson Crabtree Quarry Expansion - Page 245 of 318
NEW CITY OF RALEIGH
(! r
CONSERVATION EASImIN T
(41,71 6 SF,D.958AC) EGM
�6V
LH
f
LS
N/F %
BENCHMARK CAROLINA
AGGREGATES. INC. 1
DS 1692, PG 361 % J
PIN 0786 -4 -9208
(153.9
ACRES PER REC ORD,3) 'Z%w
°
LINETABLE
/ v
LINE BEARING DISTANCE
y
I
L1 S27'24'08 "W 118,61'
L2 532 °i0'10'Nd 4252'
o
#'
L3 S38 "28127'1N 3746'
X
v
.
L4 S46'04'31 °W 49.01' I
LEGEND
L5 550'24'50 "W 39.76' I
n
SURVEYCONTRDLPOINT
k LC 556.33'57 'W 37.51'
❑ECM EXISTING CONCRETEMONLIM-=NT
j A COMPUTED POINT
LT 566 °46'30 °UJ 25.3T
f -- 0.2% CHANCE FLOOD LWE
1 % CHANCE FLOOD LINE
L8 S77145'28'1N 132.26
(j — FW ----- FLOODWAY LINE
l
1 PROPERTY NNE SURVEYED
L9 N63.06'33 1W 119,9i' I
---- PROPERTY LINE NOT SURVEYED
L1O 588 °23'32 "E 5.55' I
— — "`- EASEMENTLINE
Lit NeT5�25 "E 6072'
GREENWAY EASEMENT
L12 N77 '28'O2 'E 54.65'
-
4 ECtv1
L13 N71'04'551E 66.97'
1
w — '188- 19'04"W 7.94' -
1-14 N37°DT451E 68.43'
w
L'[5 N34'27 19 °E 50.77' I
TRAV -2-IRS
��z N:760651.5G8'
06 N19'51'49 "E T7.13' 4
t E:2O64641.372' -
0
L17 SG7112'ii'E
94 -62
p�
°31'49
_
�� Sib VJ 18.54'
NS0°19'04'W 1242.97' rte„ TIE LINE ONLY
VIcin''FLY Map:
SEESHEET2FOR
Not to scale
THIS MAP ZSNOTACERTIFIEDSUiRVEY
GENERALNOTES
AND HAS NOT BEEN REVIEWEDBYA
� ytFCirreCRAHTRLOCAL
GOVERNMENTAGENGY FOR
�`•1s, CAR04
COMPLIANCE1NfTtIANYAPPLiCARLE
LAND DEVELOPMENTREGULATIONS.
a -
SFA!- p•
PCE
� Fj tRICHLAND
CRFFK �100
'yA�B
200 400
W
SCALE: 1" =200'
RO
% EASEMENTACQUfSITION MAP FOR= 1Pnjec#SNo: G-1 3026 Refh'o; —
: =fir
CRABTREE CREEK GREENWAY (Scale: 1" =200' Rife: 10125/13
° "rnyhc:
MEREDITH TOWNSHIP, CITY OF �DratvnBy: RWP
ST� ART
E
a
WAKE COUNTY, NORTH CAROLINA Checked By: RWP 1 OF 2
�.T
Hanson Crabtree Quarry Expansion - Page 245 of 318

GENERAL NOTES
THIS PLAT IS INTENDED TO REPRESENT CITY OF RALEIGH GREENWAY EASEMENTS CIA
CAR
A PORTION OF THE PROPERTY OF BENCHMARK CARDLINA gGGRECATES, INC_, PIN
0786- :#-4206, AND iS NOT A BOURDARY SURVEY. TH IS SURVEY WAS PERFORMED
f
WITHOUT THE BEN EFST OF A TITLE REPORT AND THEREFORE ALL ENCUMBRANCES
0�SS
UPON THE PROPERTY MAY NOT BE SHOWN.
2.
REFERENCES:
DEED BOCK 1552, PAGE 361
'(L L-5023 r-:
DEED BOOK 14BSi, PAGE 744
c
ROOK OF MAPS 1990, PAGE 765
BOOK OF MAPS 2001, PAGES 1953 -1955
3.
HORIZONTAL DATUM IS NAD 63 (20111) AND VERTIGA[_DATUM IS NAVD8R. BASED ON GPS
[
METHODS USING REAL -TIME 14NEWLATIC SOLUTIONS FOR THESURVEY CONTROL
POINTS SHOWN HEREON AND TIED TO NORTH CAROLINA GEODETIC SURVEY
�F f ,
MONUMENTS "ANNE LAKE 3" AND "PATROL 2 ",
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
"ANNE LAKE 3" "PATROL 2"
N 772858.53 N7473-47.0'
=
E20 07B1.95' E2D85727.63'
ProjetNo: G13026 FtefNa:
EL 375.96' EL 493.99'
4.
THE INITIAL STATE PLANE POSTIONS FOR THIS SURVEY WERE SCALED FROM GRID TO
STE ART
GROUND FROM A PROJECT LOCAT [ON OF N:760851,56S' E:2054541.372, AN ELEVATION
DraAnBY: RWP, °�"' °�N°
OF 361.55'. USING A CON49WED FACTOR OF 0.99991636. .
5.
THE SUBJECT PROPERTYISZCNED PIN 0i 8534 - 9208 "R -4 "(RESIDENTIAL) AND PIN .
0786-30-8569 "R -5" (RESIDENTIAL} PERTHE SNAKE COUNTY GEOGRAPHIC INFORMATION
SYSTEM.
i
7.
THE SUOJECT PROPER � ! LIES IN ZONES X (AREA DETERMINED TO BE OUTSIDE THE
0.2 %ANNUAL CHANCE AND FUTURE CONDFRDNS 1% ANNUALCHANCE FLOOUPIAIN), X '
(SHADED) (AREA OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF FUTURE CONDITIONS 1%
ANN UAL CHANC E FLOOD; AR EAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE
DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS OFLESS THAN 1 SQUARE
MILE; AND AREAS. PROTECTED BY LEVEES FROM 1% ANNUALCHANGF FLOOD), AE
(AREA DETERMINED TO BE INSIDE THE 1% ANNUAL CHANCE FLOOD, BASE FLOOD !
ELEVATIONS DETERMINED), AND FLOOD WAY (DELINEATED FLOG DWAY OF A STREAM).
RASED ON THE FLOOD INSURANCE RATE J41AP GOMMUNDY MAP NUMBER 372007860%
DATED MAY2, 2006_ FLOOD HAZARD LINES SHOWN HEREON ARE FROM
NCF-iOpDG'1APS.COM.
8.
i
i
ADDRESS: 62M DURALEIGH ROAD
CAR
..c
0�SS
'(L L-5023 r-:
c
`
�'.�4 �• E . +`
THIS MAP IS NOT A CERTIFIED SURVEY
AND RAS NOT BEEN RFVtZVvUD BY A
�F f ,
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS.
=
EASEMENTACQUISIT(ON MAP FOR
ProjetNo: G13026 FtefNa:
-
CRABTREE CREEK GREENt1.IlAY
scale: MA Date: 10f25113
STE ART
MEREDITH TOWNSHIP, CITY OF RALEIGH
DraAnBY: RWP, °�"' °�N°
_1N
WAKE COUNTY, NORTH CAROLINA
Checked 2Y. RVtip 2 OF 2 ,
Hanson Crabtree Quarry Expansion - Page 246 of 318

Instrument prepared by: Raleigh City Attorney's Office and Styers, Kemerait & Mitchell,
PLLC
Brief Description for Index: Duraleigh Road
Parcel Identifier: PIN 0786308569; 0786349208
Mail after Recording to: City Attorney's Office,
PO Box 590, Raleigh, N.C. 27602
STATE OF NORTH CAROLINA
WAKE COUNTY TEMPORARY AND PROVISIONAL DEED
OF EASEMENT FOR CONSERVATION AND
GREENWAY PURPOSES
THIS DEED OF EASEMENT is made this 4* day of Pe4rw&v+ , 2014, (the
"Effective Date ") by HANSON AGGREGATES SOUTHEAST LLC, a �elaware limited
liability company having the address of 2310 Parklake Drive, Suite 550 Atlanta, Georgia
30345, hereinafter referred to as "Hanson' or the "Grantor ", to the CITY OF RALEIGH, a
North Carolina municipal corporation having the address of P.O. Box 590, Raleigh, NC 27602,
hereinafter referred to as the "City."
WITNESSETH:
WHEREAS, the City of Raleigh has established and presently operates the Capital Area
Greenway Program, which has as its purposes the conservation of natural, scenic, or
ecologically valuable properties (generally known as "greenways "), and the development and
provision for public use of paved or unpaved trails ( "greenway trails ") within such properties;
and
WHEREAS, the Grantor is the owner in fee simple of certain real property, more
particularly identified as PIN 0786349208 and PIN 0786308569 (the "Property "); and
{sKO12179.DOC 2 ;
Hanson Crabtree Quarry Expansion - Page 247 of 318

WHEREAS, certain areas of the Property have conservation, ecological, and
recreational values in their present state, which values should be preserved and maintained for
the period of their use as a public greenway and greenway trail; and
WHEREAS, the City has proposed to develop as a component of the Capital Area
Greenway System a Greenway trail commonly known as the "Crabtree Creek Greenway ", a
portion of which is proposed to be located upon the Property; and
WHEREAS, Hanson and the City have entered into a Settlement Agreement dated
q_ 70q { "Settlement Agreement ") in order to resolve a longstanding legal dispute
concerning quarrying activities permitted on the Property, the resolution of such matters having
implications for the location of greenway trails and easements to accommodate such trails: and
WHEREAS, pertinent provisions of the Settlement Agreement are incorporated into
that Declaration of Covenants, Conditions, and Restrictions ( "Declaration of Covenants ") dated
Fe. �.?oifand recorded in Deed Book /.U'XP Page 1�5_Y, Wake County Registry.
WHEREAS, the Property is subject to that certain permit number 92 -03 for the
operation of a crushed stone quarry issued by the North Carolina Department of Environment
and Natural Resources (the "Mining Permit") and
WHEREAS, pursuant to and subject to terms of the Settlement Agreement, Hanson
has, by instrument of even date, conveyed to the City a Permanent, Provisional Conservation
and Greenway Easement (located north of the easement described herein, and referred to herein
as the "Permanent Easement "), providing for the deferral of the City's installation and use of
greenway improvements upon the Permanent Easement area until the Grantor's quarry
operations on the Property cease and quarry site Reclamation is completed, all as more
specifically described in the Settlement Agreement and recorded Declaration of Covenants; and
WHEREAS, in order to allow the Crabtree Creek Greenway trail to be timely
constructed and opened for public use and enjoyment, Hanson and the City have agreed,
according to terms of the Settlement Agreement and as set forth herein, to the conveyance of a
temporary conservation and greenway easement, to expire in accord with Article IV hereof; and
WHEREAS, in furtherance of the above stated conservation and environmental
objectives and the Greenway Project; in accordance with the referenced Settlement Agreement;
and subject to the aforesaid agreements, conditions and restrictions, Hanson is willing to grant
this non - exclusive, temporary easement over portions of the Property, (the "Easement Area ")
and the City has agreed to accept such Easement.
{sxoi21 79.00c z 12
Hanson Crabtree Quarry Expansion - Page 248 of 318

NOW, THEREFORE, in consideration of the Recitals and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, and in further
consideration of the Settlement Agreement and the mutual covenants, terms, conditions, and
restrictions hereinafter set forth, the Grantor has bargained and sold, and hereby sells, grants and
conveys to the City, its successors and assigns forever, a Temporary Conservation and
Greenway Easement ( "Temporary Easement" or "Easement ") of the nature and to the extent
hereinafter set forth, in and over the Easement Area described as follows:
See Exhibit 1, attached.
The terms, conditions and restrictions of this Temporary Easement are as follows:
ARTICLE I. PURPOSE AND USES
1. The purpose of the Easement is to preserve, protect, and maintain the Easement Area as
an undeveloped and natural area while allowing certain recreational uses of the Easement Area,
specifically, a greenway trail, or trails, in accord with the Capital Area Greenway Plan and
Program.
2. The qualities of the easement area intended to be protected under this Easement include
conservation of the natural heritage of the area; water pollution control and abatement,
ecological preservation; wildlife habitat management; preservation of the visual amenities of the
easement area; preservation of a natural ecosystem.; and provision of a recreation resource,
specifically, a greenway trail, to members of the public.
3. Subject expressly to those terms, conditions, and restrictions set forth herein, the
Property shall remain in its present, natural, and undeveloped state as a conservation and
recreation use area.
4. The City may construct paved or unpaved greenway trails within the Easement Area,
and facilities incidental to and for the convenience of users of the greenway trail, such as
observation platforms, boardwalks, bridges, ramps, litter receptacles, benches and similar
convenience facilities.
5. Following construction of a greenway trail, the City of Raleigh shall incorporate the
Easement Area as a component of the Capital Area Greenway System of the City. Members of
the general public shall have free access to and use of the Easement Area, subject to the laws
and ordinances of the City of Raleigh, and for the purposes allowed under the official Greenway
Program of the City, including walking, educational tours, scientific study of the Easement Area
and its natural ecosystems, hiking, bike riding, jogging and picnicking. Such uses of the
Easement shall all be in accord with the Capital Area Greenway Plan and Program..
6. The City shall have the right and duty to maintain the Easement Area in a clean, natural
and undisturbed state, consistent with the Capital Area Greenway Plan and Program.
{SK012179.DOC2 13
Hanson Crabtree Quarry Expansion - Page 249 of 318

7. There shall be no access by the City, or the public at large, granted by this Easement to
any other property of the Grantor, save that described and conveyed herein.
8. The Grantor shall remain the fee owner of the Property subject to this Easement for
purposes of applicable land use regulations (including measurement of` building setback
distances, density credit transfers, and similar regulations); the payment of taxes on the
property; and other applicable laws and ordinances.
ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES;
EXCEPTED AND RESERVED RIGHTS
A. Activities Prohibited.
Any activity on, or use of, the Easement Area inconsistent with the purposes of this
Easement is prohibited. By way of illustration and not limitation, the following activities and
uses of the Easement Area are expressly prohibited:
i . Industrial and Commercial Use. Industrial and commercial activities of any type, and
ingress and /or egress for such purposes are prohibited.
2. Agricultural, Timber Harvesting, Grazinl? and Horticultural Use. Agricultural, timber
harvesting, grazing, horticultural and animal husbandry operations are prohibited.
3. Disturbance of Natural Features, Plants and Animals. There shall be no cutting or
removal of trees, or disturbance of other natural features, including plant and animal life, except
for the following: (1) as incidental to boundary marking, fencing, signage, construction and
maintenance of asphalt and greenway trails and related convenience facilities, and public
accesses allowed hereunder; (2) selective cutting and prescribed burning or clearing of
vegetation, and the application of approved pesticides for fire containment and protection,
disease control, restoration of hydrology, wetlands enhancement and/or control of non - native
plants; and (3) hunting and fishing, (otherwise permitted by law or ordinance) pursuant to
applicable rules and regulations.
4. Construction of Buildings; Structures, Si;7na�_Ye. There shall be no constructing or placing
of any building, mobile home, asphalt or concrete pavement, billboard or other advertising
display antenna, utility pole, waste facility, tower, conduit, line, pier landing, dock or any other
temporary or permanent structure or facility on or above the Easement Area, except for the
following: Placing and display of no trespassing signs; state or federal traffic or similar signs;
greenway trail signs; for sale or lease signs; signs identifying the conservation values of the
Property, and/or signs identifying the Grantor as the owner of the Easement Area and the City
as holder of this Easement; educational and interpretive signs; identification labels or any other
(SKO12179.DOC2 }4
Hanson Crabtree Quarry Expansion - Page 250 of 318

similar temporary or permanent signs, as approved by the City; and installation and
maintenance by the City of perimeter fencing along the Greenway, in accordance with terms of
the Settlement Agreement and recorded Declaration of Covenants..
5. Mineral Use. Excavation. Dredging. There shall be no filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, or other minerals; and no
change in the topography of the land in any manner except as necessary to prevent erosion or
incidental to greenway trail construction or conservation management activities otherwise
permitted by this Easement.
6. Wetlands and Water Oualitv. There shall be no pollution or alteration of water bodies
and no activities that would be detrimental to water purity or that would alter natural water
levels, drainage, sedimentation and /or flow in or over the Easement Area or into any surface
waters, or cause soil degradation or erosion, nor diking, dredging, alteration, draining, filling or
removal of wetlands, except activities to restore natural hydrology or wetlands enhancement as
permitted by the City, State and any other appropriate authorities.
7. Dumving. Dumping of soil, trash, garbage, waste, abandoned vehicles, appliances,
.machinery, or other materials on the Easement Area is prohibited.
R. Noise, Dust. Vibration Exception. The Grantor expressly excepts from the provisions
of the Greenway Easement and for itself, its successors and assigns, reserves the right to cause
vibrations, noise, dust, particulates, debris, and other similar materials and odors to be in the air
above, descend upon, go across, or go through the Easement Area, and in general to subject the
Easement Area to all similar consequences arising from the location and operation in the
vicinity of the Easement Area of any the Crabtree Quarry and related activities, including
without limitation equipment operation and truck traffic at, to and from Crabtree Quarry. By
accepting this grant of Greenway Easement, the City hereby subordinates its rights under the
Greenway Easement to those of the Grantor relating to noise, dust, and vibration as enumerated
above ( "Noise, Dust, and Vibration Exception "). Notwithstanding the foregoing, nothing
contained herein shall be construed to allow Grantor's vehicles, equipment, employees or
customers to physically enter the Easement Area or to conduct mining operations thereon. This
Noise, Dust and Vibration Exception shall terminate upon the expiration of the Reclamation
Period, as defined in the Settlement Agreement and recorded Declaration of Covenants.
ARTICLE III. ENFORCEMENT AND REMEDIES
1. The City shall have authority and responsibility for enforcement of the terms of this
Easement. Any forbearance by the City to exercise rights hereunder in the event of breach of
any term, condition, or restriction shall not be deemed or construed to be a waiver of any right
of enforcement. No delay or omission by the City in the exercise of any right or remedy shall
impair such right or remedy, or be construed as a waiver.
(sKO12179.DOC2 ) 5
Hanson Crabtree Quarry Expansion - Page 251 of 318

2. No provision of this Easement shall be construed or applied to limit the rights of or
remedies available to, the Parties under terms of the referenced Settlement Agreement and
Declaration of Covenants. In the event of ambiguity or inconsistency between provision of this
Easement and the Settlement Agreement and Declaration of Covenants, the latter shall prevail.
3. The City of Raleigh may provide for the day -to -day inspection, oversight, and
enforcement on the Easement Area of its rules governing activities and uses of City -owned
parks, including property comprising a part of the City's Greenway System. Such inspection,
oversight, and enforcement will be the responsibility of the City Police personnel. In addition to
such control and oversight over the Easement by City Police, other officers of the City, their
employees, agents and successors and assigns, shall have the right to enter the Easement Area
for the purpose of inspecting such area to assess compliance with the various terms, conditions,
and restrictions of the Easement.
3. Breach of Easement Conditions: Remedies Generally. Upon breach of any of the terms
and conditions of this Easement by the Grantor, or anyone acting for or under authority of the
Grantor, the City shall, except as provided below, notify the Grantor in writing of such breach.
The Grantor shall have 30 days after receipt of such notice to correct any conditions constituting
such breach. If the breach remains uncorrected after 30 days, the City may enforce this
Easement by any appropriate legal proceedings, including actions for damages, injunctive, and
other relief. In addition, the City shall also have the further power and authority to:
(a) immediately abate or prevent any impairment or degradation of the property
subject to the Easement by acts which may be unlawful or otherwise in violation
of this Easement; and
(b) otherwise preserve or protect its interest in the Easement; and
(c) seek damages from any appropriate person or entity
ARTICLE IV. TERMINATION OF TEMPORARY EASEMENT; CONVEYANCE OF
PERMANENT GREENWAY EASEMENT
The Easement described and conveyed herein shall terininate according to the following
terms and conditions:
1. Early Termination; Invalidation. In the event the Settlement Agreement is determined by a
court of law to be illegal, invalid, or unenforceable, or the Easement is otherwise terminated
except as provided in paragraph (b) below, then the City shall remove all greenway
improvements from the Temporary Easement area within nine (9) months from the date of such
invalidation or termination. In such event, no provisions of this Easement, or rights exercised by
the City pursuant to terms of this Easement prior to the period commencing nine (9) months
following such invalidation or termination, shall constitute an inverse condemnation by the
City, actionable under either GS 40A -51 or GS 136 -111.
It KO12179.DOC2 ) 6
Hanson Crabtree Quarry Expansion - Page 252 of 318

2. Termination on Opening of Permanent Greenway. If not earlier terminated, the Temporary
Easement shall terminate automatically at the earlier of: (a) the opening to the public of the
Permanent Greenway Easement referenced hereinabove and described in the Settlement
Agreement and Declaration of Covenants; or (b) eighteen (18) months after the expiration of
the Reclamation Period described in the Settlement Agreement and Declaration of Covenants.
3. Post - Termination Restoration. Prior to termination pursuant to Art. N, para. I or 2 hereof
the City shall remove from the Easement Area all greenway trail improvements, and shall
regrade, mulch, and generally restore the easement area in accord with generally accepted
engineering and landscaping practices. In addition, the City and Grantor shall provide for the
mutual execution and recordation in the Wake County Registry of an appropriate instrument
memorializing such termination.
ARTICLE V. MISCELLANEOUS
1. General Reservation of Riuhts. The urantor reserves the right to continue the use of the
property for all purposes not inconsistent with this Easement.
2. Development Reiaulations and Dedication Requirements Unaffected. Neither the
conveyance of this Easement, nor any provision contained herein, shall abridge or affect the
application of any land use and development regulation of the City, and specifically, any
regulatory requirement for the dedication of property interests to the City as a condition of
development plan approval.
3. City's Covenant and Indemnity. -T o the extent authorized by law, the City agrees to hold
the Grantor harmless from liability for personal injury or property damage arising out of the use
of the Easement Area for public Greenway purposes, including rights and duties granted to the
City in this Easement; provided, the Grantor shall not be held harmless from liability caused by
its active fault or solely by the negligence of the Grantor, its agents, invitees.. or contractors; or
solely by acts of the Grantor, its agents, invitees, or contractors which violate the terms and
conditions of this Easement. The Parties acknowledge that the authority of a municipality to
indemnify against claims has not been established by any N.C. statute or court decision.
4. Disputes: Jurisdiction and Venue. In the event of any dispute arising under terms of this
easement, jurisdiction shall be in the courts of North Carolina, and Venue shall be in Wake
County.
5. Severability. If any provision of this Easement is declared void, invalid or otherwise
unenforceable for any reason by a court of competent jurisdiction, the remaining provisions
shall continue to be fully effective and enforceable, it being the express intent of the Parties that
the provisions hereof be Severable.
� SKU 12179.DOC 2 17
Hanson Crabtree Quarry Expansion - Page 253 of 318

THE EASEMENT AREA does not comprise a primary residence of the Grantor.
TO HAVE AND TO HOLD the right, privileges, and easements herein granted to the
City, their successors and assigns. The Easement shall run with the land as a perpetual
servitude, and shall be binding upon the Grantor and its agents, personal representatives, heirs,
successors and assigns for the duration of the Easement.
AND THE GRANTOR COVENANTS that it is vested of the Easement Area, and has
the right to convey the same; that the same are free from encumbrances except as hereinafter set
forth, and that the Grantor will warrant and defend title to the same against the claims of all
persons whomsoever.
Subject to easements, encumbrances and restrictions of record.
IN WITNESSETH WHEREOF, the Grantor has duly executed the foregoing
i trumennt � � �thhe name of the limited liability company, by the signature of its
+Ulv�l1 XU as the act and deed of the limited liability company, and the City
has executed the inst ment in its corporate name, by the signature of its (Interim) City
Manager, attested by its City Clerk - Treasurer, for the purpose of giving and memorializing its
consent thereto, all on the day and year first above written.
HANSON AGGREGATES SOUTHEAST, LLC
By: _ may. � (SEAL)
Its V l (.R. Y 5 i &.(i � iaowa l Akm r
THE CITY OF RALEIGH
By: ` (SEAL)
1
Its
Cr mapikgc'-
(sKO[2179.DaC 2 }S
Hanson Crabtree Quarry Expansion - Page 254 of 318

b� Rlql
C Av'
PROPERTY DES C TIO -N APP OVED:
Public Works Director
ATTEST: t
By: 14,
11
Its: (./G /�
APPROVED AS TO FORM:
(SK012179.DOC2 }9
Hanson Crabtree Quarry Expansion - Page 255 of 318

STATE OF Geor ,�r�
COUNTY OF R%R(
ACKNOWLEDGEMENT
This is to certify that on the �� day of )&f1UQ,+� , 201q, before me
personally came O h(- i S wkf-& , with whom personally acquainted,
who, being b me duly sworn, says that (s) he is
the v w u2 ?r,,05, h-nt aenPr4,� JVI�I [1 P_r of Hanson Aggregates Southeast, LLC,
the limited liability company and principalln�med in the foregoing i strume t; that the name of
the company was subscribed thereto by the said �f I (� Pt�S►�Q 1 72(16&A and that
the instrument is the act and deed of the limited liability company.
Witness my hand and official seal this the ,5115-'-- day ofYIUa -v 201q.
9L�
(SEAL) Notary Pu is
GLnC
3 L - ` &',,S
(_ (notary's printed name)
My Commission Expires:, n
{SKO12179.noC 2 ) 10
Hanson Crabtree Quarry Expansion - Page 256 of 318

NORTH CAROLINA
COUNTY OF WAKE
CITY /MANAGER
ACKNOWLEDGEMENT
This is to certify that on the J' day of riE 6 , 20 1 q , before me personally came Gail
G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is
the City Clerk and Treasurer and Ruffin L. Hall is the City Manager of the City of Raleigh, the
municipal corporation described in and which executed the foregoing; that she knows the
corporate seal of said municipal corporation; that the seal affixed to the foregoing instrument is
said corporate seal, and the name of the municipal corporation was subscribed thereto by the
said City Clerk and Treasurer and that the said corporate seal was affixed, all by order of the
governing body of said municipal corporation, and that the said instrument is the act and deed of
said municipal corporation. "1
fG�
WITNESS my hand and official seal this the 3 day of 2014.
COU
(SEAL) ao °roee°njj4�e�
My Commission Expires: 0 O
i
otary Public
Notary's Printed Name
{SKO12179.DOC 2 } 1 1
Hanson Crabtree Quarry Expansion - Page 257 of 318

EXHIBIT 1
Being those easement areas identified as "NEW CITY OF RALEIGH GREENWAY
EASEMENT ", comprising 46,921 sq.ft. (1.08 acres); 4,809 sq. ft. (.110 acre); 88,130 sq.ft.
(2.032 acres); and 86,643 sq. ft. (1.989 acres), as shown and described on that exhibit plat entitled,
"EASEMENT ACQUISITION MAP FOR CRABTREE CREEK GREENWAY ", sheets 1 of 4, 2 of 4, 3
of 4, and 4 or 4, respectively, prepared by Stewart engineering company, and attached hereto as
EXHIBIT I -A.
{SKO 12179DOC 2 } 12
Hanson Crabtree Quarry Expansion - Page 258 of 318

I
r NfF ~ EXHIBIT 1 -A
THEHAMPTONS �.
DEVELOPMENT COMPANY. LLC~
D311903, PG 91
�C CENTERLINE OF gM 2007, PG 2444 -2446 -
NORTH ` .
� � � RICNLAS�ID CREEK PlN 0786 21 -7624
NAD83(2D11) ISS PROP FRTY LINE
-• ' /'� � �r�„ -
FPO L25
„ ®EEP
,L18 L21 L?2 U3
/.
L30
NEW Cff Y OF X.
RALEIGH TEMPORARY° �.
GREENWAY EASEMENT Li - NEW CITY OF -_
(4,U09 SF, DA1 ❑AC) L10 RALEIGH TEMPORARY
GREENWAY.EASEhIFNT A
t8B,13D SF, 2,032 AC) ,
HANSON AGGREGATES ` 7�
SOUTHEAST, LLC E \ ! N1F
D8 14831, PG 744
eM 1091).
Pc 765 1 BENCFIMARK CAROLINA
PIN D788 -34 -8569 �.�\ AGGREGATES. INC
{16.52 ACRES PER RECORDS) DS 1592, PG 361
r�\ PIN 97864 -9206
NEW CITY OF K (168.9 ACRES PER RECORDS)
� \' �
RALEIGH TEMPORARY J F
�- GREENWAYEASE64ENT +\` C)
LEGEND
(46,921 SF, 1.077 AC) - v nn i
SURVEY CONTROL P0INT 111
EIP EXISTING IRDN PIPE
hN E3ECM EXISTING CONCRETE MONUMENT
\ ` A COMPUTED POINT I
c 02% CHANCE FLOCD LINE
1 %CHANCE FLODD LINE
—Fw_ FLOODWAY LINE 1
PROPERTY LIKE SURVEYED
EXISTING PERMANENT PRDPERTY LINE NOT SURVEYED
SLOPE EASEMENT `;, \ \ — \ — \ \y EASEMENT LINE
(BM 2001, PG 1955) GP.EENWAY EASEMENT i
EXISTING PERMANENT
UTILITY EASEMENT f\ \\`�\ /-- r• �"
(BM 2091, PG 1953) f��
SEE SHEET 2 FCR I` f � 4�ECM pR Nat ECM
GENERALNOI'ES I1 -�
AND LINE TABLES �� TRAV-2 -IRS -
�+� N:760851,569' -
-_ -N1r- 31'49 "E 18 "54' E2084341.372' VICIBltymap-- /"{1
TIE LINE Not f0 scale \;f J_}
l4\, RDR
THIS MAP IS NOTACERTIFIED SUP,VEY Nam
AND HAS NOT BEEN REVIEWED BY ycr�r.rr CP.A67REECREEK�
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANYAPPLICABLE
LAND DEVELOPMENT REGULATIONS. SEAL
.� L -51223 r' SITE
P *`•p�` RICHLAND _
• "� ii77 G ~ CREEK 0 100 200 400 r' -; 4-TD w . e,• —� DURALEIGH Ro
SCALE: 1" =2110' ' lo1g %r ' Ro K"MOdD,q
�f
EASEMENTACQUISfTION MAP FOR:
_ < , Project No: G13026 Ref No: -
CRABTREE CREEK GREENWAY Seale: 1" =200' Dale: 10125113
S T E WA R T
MEREDITH TOWNSHIP, CITY OF RALEIGN Drawn By: RW ❑reinn9 N�
P {
WAKE COUNTY, NORTH CAROLINA Checked BY: RWP I k OF 4 '
Hanson Crabtree Quarry Expansion - Page 259 of 318

LINE i ABLE I I LINE TABLE I I LINE TABLE
ILIKE BEARING OlSTANCE I LINE BEAftiNG DISTANCE I I LINE GEARING DISTA[CE"
0
L1 S13°OS37 "E 155.24' I L13 N16"4028°W 47.67' L25 N05 'OT59 "E 1195'
L2 S76 °42'12'W 44.66' I L14 N27 °18'38 "W 54.10' I L26 S31 °43'56 "E 217.35.
L3 N1317748'IN 46.74' I L15 N27'18'38"W 327.64' I L27 S12 "48'16 "W 71ST
L4 N28 '08'099W 75.74' I LIS S62 "41'22"W 29.61' I I L28 SOO °48'28 "E 51.13' I
L5 N6B'10'2T'W 725.53' I L17 N34'2T52' W 74.08' I L29 S1 OTI)YE 58.40'
LG N59 °12'55 'W 100.57' L13 NO2- 375T'E 106.14' 1 130 S27 °1B'33"E 48.59' 1
L7 WWI 2'55W 68.54' LID NOI "31'56 "E 3252' I I L31 N69 "1419 "E 11205'
1
LB N35 '29'03'W 159.92' I I L20 NO3"3655 "W 16.49'_ I L32 520 °4541 "E 48.77'
L9 SCG'D2'19 "E 16224' I L21 N06 '34'31"W 35.82' L33 S35'29'03'E 158.63
LID S06 'OZ'19 "E 31.87' i L22 NOY05'WW 67.86' L34 S47 "28'59 'F 93.74' I .
IL11 S16 °40'28 'F 47 67' I L23 N00 °33'03"V%f 28.04' Lag S60'59'07"E 120.05
L12 ST3`19'32°W 50:00' I I L24 N06- 45'13 'E 23.24' , I L36 S74°3T15 "E 89.41' J
f
GENERAL NOTES
1 -ms PLAT IS INTENDED TO REPRESENT CITY OF RALEIGH TEMPORARY GREENWAYEASEMENTSONAPORTIONOFTHE
PROPERTY OF BENCHMARK CAROLINA AGGREGATES, INC., PINS 0785 -34 -920$, AND HANSON AGGREGATES SOUTHEAST, LLC,
PIN 0735 -30 -8569, AND IS NOTA BOUNDARY SURVEY. THIS SURVEY WAS PERFORMED WITHOUTTHE BENEFIT OF ATTLE
REPORT AND THEREFORE ALL ENCUMBRANCES UPON THE PROPERTY MAY NOT BE SHOWN.
2_ REFERENCES:
DEED BOOK 1592, PAGE 361 I
DEED BOOK 14631, PAGE 744
BOCK OF MAPS 1990, PAGE 765
BOOK OF MAPS 401, PAGES 1953195E
3- HORIZONTAL DATUM IS NAD 83 (2011) AND VERTICAL DATUM IS NAVD8B. BASED ON GPS METHODS USING REAL -TIME
KINEMATIC SOLUTIONS FOR THE SURVEY CONTROL POINTS SHOWN HEREON AND TIED TO NORTH CAROLINA GEODETIC
SURVEY MONUMENTS "ANNE LAKE 3" AND "PATROL 2 ",
"ANNE LAKE 3" "PATROL 2"
N772836.53` N747347DST
F 2089769.95' E 2086721.537 I
EL 376.90 EL 493.99'
4. THE INITIAL STATE PLANE POSTION3 FOR THIS SURVEY WERE SCALED FROM GRID TO GROUND FROM A PROJECT LOCATION
OF N:760851.56V E:2084641.372', AN ELEVATION OF 361.55, USING A CC MRINED FACTOR OF 0.99991H35,
S- THE SUBJECT PROPERTY IS ZONED PIN o780-34-920B "RA" ( RESIDENTIAL) AN PIN 078F30 -8569 (RESIDENTIAL) PER THE .
WAKE COUNTY GEOGRAPHIC INFORMATION SYSTEM.
THE SUBJECT PROPERTY LIES IN ZONES X (AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE AND FUTURE _
CONDITIONS 1 %ANNUAL CHANCE FLOODPLAiN), X (SHADED) (AREA OF 0.2 %ANNUAL CHANCE FLOOD; AREAS OF FUTURE
CONDITIONS 1% ANNUAL CHANCE FLOOD; AREAS OF 1 V. ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS 0 LESS THAN 9
FOOT OR WITH DRAI0A0EAREAS OF LESS THAN 1 SOUARL MILE; AND AREAS PROTECTED BY LEVEES FROM i°6 ANNUAL
CHANCE FLOOD), AE (AREA DETERMINED TO BF INSIDE THE I % ANN UAL CHANCE FLOOD, SASE FLOOD ELEVATIONS
DETERMWPD), AND FLOODWAY (DELINEATED FLOODWAY OF ASTREAM). BASED ON THE FLOOD INSURANCE RATE MAP _
COMMUNITY MAP NUMBER 3720078600) DATED MAY 2, 2008. FLOOD HAZARD LINES SHOWN HEREON ARE FROM
NCFLOODMAPS.COM. -
B. ADDRESS: P1140786-50-8659-4521 DURALEIGH ROAD =
PIN 0766 -34 -8208 - 5209 DURALEIGH ROAD
r anurrr
\A
SEAL
r%�C', A '• � THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A
r f{�ar LOCAL GOVERNMENT AGENCY FOR j
!fJ / COMPLIANCE WITH ANY APPLICABLE �
0/t rt LAND DEVELOPMENT REGULATIONS.
rZ-2- -((( EASEMENT ACQUISITION MAP FOR: IPrnjeclN.: GI 30261 Rat N.:
CRABTREE CREEK GREENWAY scale: Na Date: iorlaris
S T E WA RT MEREDITH TOWNSHIP, CITY OF RALEIGN Drarm By: PWP
�g o ge WAKE COUNTY, NORTH CAROLINA Checked 9y: RVVP1 2 OF 4
Hanson Crabtree Quarry Expansion - Page 260 of 318

II
W
NORTH
NAD83 {2011 }
C \
Ll EL
LI�
L0 m Iti T_
L0 i f
i
w
CENTERLINE OF
RICHLAND GREEK
IS PROPERTY LINE
CENTERLINE OF
RICHLAND GREEK
IS PROPERTY LINE
N
�v �r
J
—L32
�L33
�L34
�L35 f
I
J
�L37
L38
r L39
LEGEND
A SURVEY CONTROL. POINT
O E(P EXISTING IRON PIPE 0
❑ ECM EXISTING CONCRETE MONUMENT
Q COMPUTED POINT /
-- • 0.2% CHANCE FLOOD LINE
— - t% CHANCE FLOOD LINE
—FW— FLOODWAY LINE
PROPERTY LINE SURVEYED
PROPERTY LINE NOT SURVEYED '
® EASEMENT LINE
GREENWAY EASEMENT
/g!
Y
WE
BENCHMARK CAROLINA
AGGREGATES, INC
D B 1592, PG 361 C
PIN 0786 -34 -9208
(166.9 AGRES PER RECORDS) Tn
Ivi
cl
NEW C1TY GE RALEIGH C) EMON
GREENWAY EASEMENT
(86,643 Sr, 1.989 AC) EXISTING PEP,MANENT "
SLOPE EASEMENT l
(BM 2001, PG 1953) � it
1l
� I`I } �w��Ij L46 EXISTING PERMANENT `1
II �� I]y, /�I• y UTILITY EASEMENT
/' \ , L1 , '` %I L49 NSB °19'04TW 125U.02'TOTAL (BM 2001, PG 1953) SSS
f
\ / 43 -33' 671.76' /I 7 D4' ECM
/ 32.79' 516 °31'49 "VJ 18.54'
14 TIELNEONLY
@} NIF
f/ I HANSON AGGREGATES 1651 5159•
SOUTHEAST. LLC 1:2164641.372' �@
DB 14631, PG 744 �L
BM 1990, PG 765 {[!
PIN 0786- 30 -B669
�•'`�R�CA O �o '
t a•QtiSS%Q•y SEE SHEET2FOR ,
•� SEAL �: GENERALNOTES
L —SQZ3 r• AND SHEET FOR
•; LINE TABLES
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0 1 Q0 200 400 r rr4 I?s� • AND tiAS NOT BEEN REVIEWED BY A
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COMPLIANCE VOTH ANY APPLICABLE
SCALE: 1'= 200' , Y� I r � LAND DEVELOPMENT REGULATIONS.
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CRABTREE CREEK GREENWAY Isle_ 1 " =21g' Dace: 10125113,
Drawn B RWP DrawngNo:
MEREDITH TOWNSHIP, CITY OF RALEIGN Y
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Hanson Crabtree Quarry Expansion - Page 261 of 318
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-- • 0.2% CHANCE FLOOD LINE
— - t% CHANCE FLOOD LINE
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PROPERTY LINE SURVEYED
PROPERTY LINE NOT SURVEYED '
® EASEMENT LINE
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AGGREGATES, INC
D B 1592, PG 361 C
PIN 0786 -34 -9208
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NEW C1TY GE RALEIGH C) EMON
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(86,643 Sr, 1.989 AC) EXISTING PEP,MANENT "
SLOPE EASEMENT l
(BM 2001, PG 1953) � it
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II �� I]y, /�I• y UTILITY EASEMENT
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\ / 43 -33' 671.76' /I 7 D4' ECM
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14 TIELNEONLY
@} NIF
f/ I HANSON AGGREGATES 1651 5159•
SOUTHEAST. LLC 1:2164641.372' �@
DB 14631, PG 744 �L
BM 1990, PG 765 {[!
PIN 0786- 30 -B669
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•� SEAL �: GENERALNOTES
L —SQZ3 r• AND SHEET FOR
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` C'� '• 4i + THIS MAP IS NOT ACERTIFIED SURVEY
0 1 Q0 200 400 r rr4 I?s� • AND tiAS NOT BEEN REVIEWED BY A
r y LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE VOTH ANY APPLICABLE
SCALE: 1'= 200' , Y� I r � LAND DEVELOPMENT REGULATIONS.
11 ZA-r
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F iru7u.�a ra no.�sa�
EASEMENT ACQUISITION MAP FOR: IProjactNI 1313026 Ref No; --
CRABTREE CREEK GREENWAY Isle_ 1 " =21g' Dace: 10125113,
Drawn B RWP DrawngNo:
MEREDITH TOWNSHIP, CITY OF RALEIGN Y
WAKE Go uNTY, NORTH CAROLINA Y Checked By: RWP 3 OF 4
Hanson Crabtree Quarry Expansion - Page 261 of 318
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BENCHMARK CAROLINA
AGGREGATES, INC
D B 1592, PG 361 C
PIN 0786 -34 -9208
(166.9 AGRES PER RECORDS) Tn
Ivi
cl
NEW C1TY GE RALEIGH C) EMON
GREENWAY EASEMENT
(86,643 Sr, 1.989 AC) EXISTING PEP,MANENT "
SLOPE EASEMENT l
(BM 2001, PG 1953) � it
1l
� I`I } �w��Ij L46 EXISTING PERMANENT `1
II �� I]y, /�I• y UTILITY EASEMENT
/' \ , L1 , '` %I L49 NSB °19'04TW 125U.02'TOTAL (BM 2001, PG 1953) SSS
f
\ / 43 -33' 671.76' /I 7 D4' ECM
/ 32.79' 516 °31'49 "VJ 18.54'
14 TIELNEONLY
@} NIF
f/ I HANSON AGGREGATES 1651 5159•
SOUTHEAST. LLC 1:2164641.372' �@
DB 14631, PG 744 �L
BM 1990, PG 765 {[!
PIN 0786- 30 -B669
�•'`�R�CA O �o '
t a•QtiSS%Q•y SEE SHEET2FOR ,
•� SEAL �: GENERALNOTES
L —SQZ3 r• AND SHEET FOR
•; LINE TABLES
�=
cl
` C'� '• 4i + THIS MAP IS NOT ACERTIFIED SURVEY
0 1 Q0 200 400 r rr4 I?s� • AND tiAS NOT BEEN REVIEWED BY A
r y LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE VOTH ANY APPLICABLE
SCALE: 1'= 200' , Y� I r � LAND DEVELOPMENT REGULATIONS.
11 ZA-r
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F iru7u.�a ra no.�sa�
EASEMENT ACQUISITION MAP FOR: IProjactNI 1313026 Ref No; --
CRABTREE CREEK GREENWAY Isle_ 1 " =21g' Dace: 10125113,
Drawn B RWP DrawngNo:
MEREDITH TOWNSHIP, CITY OF RALEIGN Y
WAKE Go uNTY, NORTH CAROLINA Y Checked By: RWP 3 OF 4
Hanson Crabtree Quarry Expansion - Page 261 of 318
� I`I } �w��Ij L46 EXISTING PERMANENT `1
II �� I]y, /�I• y UTILITY EASEMENT
/' \ , L1 , '` %I L49 NSB °19'04TW 125U.02'TOTAL (BM 2001, PG 1953) SSS
f
\ / 43 -33' 671.76' /I 7 D4' ECM
/ 32.79' 516 °31'49 "VJ 18.54'
14 TIELNEONLY
@} NIF
f/ I HANSON AGGREGATES 1651 5159•
SOUTHEAST. LLC 1:2164641.372' �@
DB 14631, PG 744 �L
BM 1990, PG 765 {[!
PIN 0786- 30 -B669
�•'`�R�CA O �o '
t a•QtiSS%Q•y SEE SHEET2FOR ,
•� SEAL �: GENERALNOTES
L —SQZ3 r• AND SHEET FOR
•; LINE TABLES
�=
cl
` C'� '• 4i + THIS MAP IS NOT ACERTIFIED SURVEY
0 1 Q0 200 400 r rr4 I?s� • AND tiAS NOT BEEN REVIEWED BY A
r y LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE VOTH ANY APPLICABLE
SCALE: 1'= 200' , Y� I r � LAND DEVELOPMENT REGULATIONS.
11 ZA-r
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STEWART
F iru7u.�a ra no.�sa�
EASEMENT ACQUISITION MAP FOR: IProjactNI 1313026 Ref No; --
CRABTREE CREEK GREENWAY Isle_ 1 " =21g' Dace: 10125113,
Drawn B RWP DrawngNo:
MEREDITH TOWNSHIP, CITY OF RALEIGN Y
WAKE Go uNTY, NORTH CAROLINA Y Checked By: RWP 3 OF 4
Hanson Crabtree Quarry Expansion - Page 261 of 318
11 ZA-r
-_.
STEWART
F iru7u.�a ra no.�sa�
EASEMENT ACQUISITION MAP FOR: IProjactNI 1313026 Ref No; --
CRABTREE CREEK GREENWAY Isle_ 1 " =21g' Dace: 10125113,
Drawn B RWP DrawngNo:
MEREDITH TOWNSHIP, CITY OF RALEIGN Y
WAKE Go uNTY, NORTH CAROLINA Y Checked By: RWP 3 OF 4
Hanson Crabtree Quarry Expansion - Page 261 of 318

LINE TABLE
LINE BEARING DISTANCE
L1
NOO °14'25"2
12.56'
L2
N06'0T23'lW
32.28'
L3
N18 °3753 "W
52.05' -�
L4
N20'15'32 W
10678'
L5
N25'5337°W
35.74'
L6
932'ST36"N!
55.1W
L7
N24'17'40 'W
69,21'
LB
N09'2D'31 "E
198.73'
L9
N08'10'54 'W
70.55'
LID
N19 "48'6U"W
2787
L11
NOD-2647'W
77.99'
L12
NO2 °51'43 "E
53.83'
L13
NO3 °45'0S'E
106.2T
L14
N25'4T43" E
102.76'
LIS
N22 "11'26 "E
116.20'
L1a
NO3 °14'30 "W
40.10'
L17
NBC-1237-W
33.61'
-' i sss�aaore.�
�H CAI ?o
LINETABLE
LINE
BEARING
DISTANCE
L16
N52'54'O6"W
24.33' l
E19
S15- 16.53 -W
81.39'
L20
S57 °33159 "E
29.35'
L21
S47'56'14 'E
28.72'
122
S37 °21'30 "E
26.72'
L23
S26 °4&'45 "E
28.72'
L24
S15 °56'2TE
28.52'
L25
S05'26'09'E
25.52' I
L26
S05 °04'08 'W
28.52'
1-27
515'34'26 "W
28.52'
126
522 °21'38 'W
90.71'
L29
S24'27'DO 'W
73-32'
L30
S06 "55'01 'W
26.57'
L31
SO4'37'52"W
91.16
E32
NOS °97'59'E
13 96' I
L33
NOS'45'13 "E
23.24'
L34
N08`5T2717
15.27'
-' i sss�aaore.�
�H CAI ?o
LINE TABLE
LINE
BEARING DISTANCE
L35
II1
N00133'07W
26.04
L36
NOS'0951"W
67.66'
L37
N06'34'31 "W
35.62'
L38
NO3 "35'55 "W
16.49'
1-39
NDi'31'56 'F
32.52'
L40
NO2 °37'57 'E
108.14'
L41
N3427'52' 4P1
74.06'
L42
833 °15'06 "E
28.14'
L43
S27'37351E
14.70'
L44
S21 °5507 "E
41.64
L45
S19 "50'21 "E
9D.D1'
Loo
818'53'51 "E
35.69'
L47
S13 *1T53 'F
30.19'
L48
806'2944 "E
34.19'
L49
SO4'26'48"W
21.00'
-' i sss�aaore.�
�H CAI ?o
` o `
L2.3 7c
=�
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......... =U`�
F,
THIS MAP IS NOTA CERTIFIED SURVEY
AND HAS NOT SEEN REVIEWED BYA
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LOCAL GOVERNMENT AGENCY FOR
/
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COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGUTAT[ONS.
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EASEMENT ACQUISITION MAP PCR:
I PfOlectNo: 913026 Re1No: -
CRA.BTREE CREEK GREENWAY
Scale: NA Date: 16!25113
Sj A R �
MEREDITH TOWNSHIP, CITY OF RALEIGN
orovrinynn:
I)ratvn By: RWP
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WAKE COUNTY, NORTH CAROLINA
Checked 8y. RWP � OF 4
Hanson Crabtree Quarry Expansion - Page 262 of 318

Instrument prepared by: Raleigh City Attorney's Office and Styers; Kemerait
& Mitchell, PLLC
Brief Description for Index: Crabtree Creep
Parcel Identifier: PIN# 0786349208
Mail after Recording to: City Attorney's Office
P. 0. Box 590, Raleigh, N.C. 27602
STATE OF NORTH CAROLINA
WAKE COUNTY
PERMANENT, PROVISIONAL
EASEMENT FOR CONSERVATION
AND GREENWAY PURPOSES AND
RESERVATION OF RIGHTS
THIS DEED OF EASEMENT is made this U91- day of Fe,6vucarl 2014,
(the "Effective Date ") by HANSON AGGREGATES SOUTHEAST, LLC, a Delaware
limited liability company with an address of 2310 Parklake Drive, Suite 550 Atlanta,
Georgia 30345, hereinafter referred to as "Hanson' or the "Grantor ", to the CITY OF
RALEIGH, a North Carolina municipal corporation with an address of P.O. Box 590
Raleigh, NC 27602, hereinafter referred to as the "City." The Grantor and the City are at
times referred to herein as "Party" or "Parties ".
WITNESSETH:
WHEREAS, the City of Raleigh has established and presently operates the
Capital Area Greenway Program, which has as its purposes the conservation of natural,
scenic, or ecologically valuable properties (generally known as "greenways "), and the
{SKO12178.DOC 3 } 1
Hanson Crabtree Quarry Expansion - Page 263 of 318

development and provision for public use of paved or unpaved trails ( "greenway trails ")
within such properties; and
WHEREAS, the Grantor is the owner in fee simple of certain real property, more
particularly identified as PIN 786349208 (the "Property "); and
WHEREAS, the Property is subject to that certain permit number 92 -03 for the
operation of a crushed stone quarry issued by the North Carolina Department of
Environment and Natural Resources (the "Mining Permit "); and
WHEREAS, certain areas of the Property have aesthetic, conservation,
ecological, and recreational values in their present state, which values should be
preserved and maintained for use and enjoyment by the public in the future; and
WHEREAS, the City has planned to construct, and intends to make available for
public use, the Crabtree Greenway Trail (the "Project" or "Greenway Project "), portions
of which are to be located on areas of the Property; and
WHEREAS, the Grantor and the City have entered into a Settlement Agreement
dated ? I ( "Settlement Agreement ") in order to resolve a longstanding legal
dispute concerning the quarrying activities permitted on the Property, the resolution of
such matters having implications for the location of greenway trails and easements to
accommodate such trails: and
WHEREAS, pertinent provisions of the Settlement Agreement are incorporated
into that Declaration of Covenants, Conditions, and Restrictions ( "Declaration of
Covenants ") dated and recorded in Deed Book l�MJFo Page
S,SY , Wake County Redstry; and
WHEREAS, in furtherance of the above referenced environmental and
conservation objectives and the Greenway Project, in accordance with terms of the
referenced Settlement Agreement, and subject to the conditions, terms and restrictions
hereof, Hanson has agreed to convey to the City this non - exclusive conservation and
greenway easement (the "Easement ") over portions of the Property, (the "Easement
Area") and the City has agreed to accept such Easement; and
WHEREAS, the City of Raleigh acknowledges that the Easement Area is part of
an active mining operation and;
WHEREAS, consistent with terms of the Settlement Agreement, the City has
agreed that it will have limited access to and will not operate a greenway, including a
greenway trail, on the Easement Area until the end of the Reclamation Period referenced
in the Settlement Agreement and Declaration of Covenants, which period will be at most
forty (40) years from the date of this instrument.
{SK012 M.DOC 3 }2
Hanson Crabtree Quarry Expansion - Page 264 of 318

NOW, THEREFORE, in consideration of the Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and
in further consideration of the mutual covenants, terms, conditions, and restrictions
hereinafter set forth, the Grantor has bargained and sold, and hereby sells, grants and
conveys to the City, its successors and assigns forever, an Easement of the nature and to
the extent hereinafter set forth, in and over the lands of the Grantor described as follows:
See Exhibit 1, attached.
The terms, conditions and restrictions of this Easement are as follows:
ARTICLE L PURPOSE AND USES
1. The purpose of the Easement is to preserve, protect, and maintain the Easement
Area in its current state area while providing for certain recreational uses of the Easement
Area in the future.
2. The qualities of the Easement Area intended to be protected under this Easement
include conservation of the natural heritage of the area; water pollution control and
abatement, ecological preservation; wildlife habitat management; preservation of the
visual amenities of the Easement Area; preservation of a natural ecosystem (collectively,
"conservation values "); and provision of a recreation resource, specifically, a future
greenway trail, to members of the public.
3. Subject to those terms, conditions, and restrictions set forth herein, and expressly
subject to those rights reserved by the Grantor in Article III hereof, the Easement Area
shall be preserved and maintained in its current state for use as a conservation and future
recreation area.
4. At a date to be fixed in accord with terms of the Settlement Agreement and
Declaration of Covenants (which date will be at most 40 years from the execution
hereof), ( "City's Access Date "), the City may construct a paved or unpaved trail, or trails,
( "Greenway Trails ") within the Easement Area, and facilities incidental to and for the
convenience of user of the Greenway Trail, such as observation platforms, boardwalks,
litter receptacles, benches and similar convenience facilities. Following completion of
construction of the Greenway Trail, the City shall incorporate the Easement Area as a
component of the Capital Area Greenway System of the City. After the Easement Area
has been incorporated as a component of the Capital Area Greenway System, members of
the general public shall have free access to and use of the Easement Area, subject to the
laws and ordinances of the City of Raleigh, and for the purposes allowed under the
official Greenway Program of the City, including walking, educational tours, scientific
study of the Easement Area and its natural ecosystems, hiking, bike riding, jogging and
picnicking. Such uses of the Easement Area shall all be in accord with the Capital Area
Greenway Plan and Program and with the terms and conditions hereof.
(sKO12178.DOC3 13
Hanson Crabtree Quarry Expansion - Page 265 of 318

5. (a) Prior to the City's Access Date and subject to the requirements of Article IV,
section 3 hereof, the City may have access to and use the Easement Area for the purpose
of conducting periodic inspections to insure the conservation covenants of this Easement
are observed.
(b) Beginning no sooner than two (2) years prior to the City's Access Date and
subject to the requirements of Article IV, section 3 hereof, the City may have access to
the Easement Area for purposes of conducting surveys, soil borings, and other
investigations as incidental to planning the construction of greenway trails and/or
commencing and proceeding with greenway trail construction work, so long as such
access of the Easement Area by the City does not interfere with any of the reclamation
obligations of the Grantor required by the Mining Permit.
6. Upon completion of construction and opening of the Greenway Trail to members
of the public, the City shall have the right and duty to maintain the Easement Area in a
clean, natural and undisturbed state, consistent with the City's Master Greenway Plan.
7. There shall be no access by the City, the State, or members of the general public
granted by this Easement to any other property of the Grantor, save that conveyed herein.
8. The Grantor shall remain the fee owner of the property subject to this Easement
for purposes of applicable land use regulations (including measurement of building
setback distances, density credit transfers, and similar regulations); the payment of taxes
on the property; and other applicable laws and ordinances.
ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES; EXCEPTED
AND RESERVED RIGHTS
Expressly subject to the Grantor's reserved rights, any activity conducted by
either Party on, or use of, the Easement Area inconsistent with the purposes of this
Easement is prohibited. By way of illustration and not limitation, the following activities
and uses of the Easement Area are expressly prohibited:
1. Industrial and Commercial Use. Industrial and commercial activities of any type,
and ingress and/or egress for such purposes are prohibited, except for those activities
contemplated under and allowed by the Mining Permit and Settlement Agreement,
provided, however, such activities shall be in strict conformance with terms of the
Settlement Agreement and Declaration of Covenants.
2. Agricultural, Timber Harvesting. Graziniz and Horticultural Use, Agricultural,
timber harvesting, grazing, horticultural and animal husbandry operations are prohibited,
except for those activities contemplated under and allowed by the Mining Permit and the
Settlement Agreement, provided, however, such activities shall be in strict conformance
with terms of the Settlement Agreement and Declaration of Covenants.
{SKO12178.DOC 3 } 4
Hanson Crabtree Quarry Expansion - Page 266 of 318

3. Disturbance of Natural Features, Plants and Animals. Except as otherwise
contemplated under and allowed by the Mining Permit and the Settlement Agreement,
there shall be no cutting or removal of trees, or disturbance of other natural features,
including plant and animal life, except for the following: (1) as incidental to boundary
marking, fencing, signage, construction and maintenance of greenway trails and related
convenience facilities, and public accesses allowed hereunder; (2) selective cutting and
prescribed burning or clearing of vegetation, and the application of approved pesticides
for fire containment and protection, disease control, restoration of hydrology, wetlands
enhancement and/or control of non - native plants (such to be in strict conformance with
terms of the referenced Settlement Agreement); and/or (3) hunting and fishing,
(otherwise permitted by law or ordinance) pursuant to applicable rules and regulations.
4. Construction of Buildinvs, Structures; Si =aae. Except as otherwise contemplated
under and allowed by the Mining Permit and the Settlement Agreement, there shall be no
constructing or placing of any building, mobile home, asphalt or concrete pavement,
billboard or other advertising display antenna, utility pole, tower, conduit, line, pier
landing, dock or any other temporary or permanent structure or facility on or above the
Easement Area, except for the following: placing and display of no trespassing signs:
state or federal traffic or similar signs; greenway trail signs; for sale or lease signs; signs
identifying the conservation values, and /or signs identifying the Grantor as the owner of
the property and the City as holder of this Easement; educational and interpretive signs;
identification labels or any other similar temporary or permanent signs, as approved by
the City; and installation and maintenance by the City of perimeter fencing along the
Greenway, in accordance with terms of the Settlement Agreement and recorded
Declaration of Covenants.
5. Mineral Use, Excavation, Dredaina. There shall be no filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, or other
minerals; and no change in the topography of the land in any manner except as necessary
to prevent erosion or incidental to Greenway Trail construction or conservation
management activities otherwise permitted by this Easement, except for those activities
contemplated under and allowed by the Mining Permit and the Settlement Agreement,
provided, however, such activities shall be in strict conformance with terms of the
Settlement Agreement and Declaration of Covenants.
6. Wetlands and Water Quality. There shall be no pollution or alteration of water
bodies and no activities that would be detrimental to water purity or that would alter
natural water levels, drainage, sedimentation and /or flow in or over the Property or into
any surface waters, or cause soil degradation or erosion, nor diking, dredging, alteration,
draining, filling or removal of wetlands, except activities to restore natural hydrology or
wetlands enhancement as permitted by the State and any other appropriate authorities and
as allowed by the Mining Permit, so long as such activities are in strict conformance with
the Settlement Agreement and Declaration of Covenants.
(SK012178.DOC 3 )5
Hanson Crabtree Quarry Expansion - Page 267 of 318

7. Dumping. Dumping of soil, trash, garbage, waste, abandoned vehicles, appliances,
machinery, or other materials on the Easement Area is prohibited.
ARTICLE III. RESERVATION OF RIGHTS BY GRANTOR
1. Fee Ownership. The Grantor shall remain the fee owner of the Property subject to
this Easement for purposes of applicable land use regulations (including measurement of
building setback distances, density credit transfers, and similar regulations); the payment
of taxes on the Property; and any other applicable laws and ordinances.
2. Non - Exclusive Easement. The Easement is non- exclusive. The Grantor expressly
reserves the right to continue the use of the Easement Area for all purposes not
inconsistent with this Easement and consistent with the Settlement Agreement, including:
(1) the use, operation, and maintenance of existing settling ponds; (2) the maintenance of
the temporary stockpile materials; and (3) activities conducted in furtherance of an
approved Reclamation Plan. The use of the Easement Area for all purposes shall not be
inconsistent with this Easement and shall be consistent with the Mining Permit and
Settlement Agreement.
3. Noise, Dust, and Vibration Exception. The Grantor expressly excepts from the
provisions of the Greenway Easement and, for its successors and assigns, reserves the
right to cause vibrations, noise, dust, particulates, debris, and other similar materials and
odors to be in the air above, descend upon, go across, or go through the Easement Area,
and in general to subject the Easement Area to all similar consequences arising from the
location and operation in the vicinity of the Easement Area of any the Crabtree Quarry
and related activities; including without limitation equipment operation and truck traffic
at, to and from Crabtree Quarry. By accepting this grant of Greenway Easement, the City
hereby subordinates its rights under the Greenway Easement to those of the Grantor
relating to noise, dust, and vibration as enumerated above ( "Noise, Dust, and Vibration
Exception "). Notwithstanding the foregoing, nothing contained herein shall be construed
to allow Grantor's vehicles, equipment, employees or customers to physically enter the
Easement Area or to conduct mining operations thereon. This Noise, Dust and Vibration
Exception shall terminate upon the expiration of the Reclamation Period, as provided
under terms of the Settlement Agreement and Declaration of Covenants.
ARTICLE IV. ENFORCEMENT AND REMEDIES
L Enforcement. Subject to the terms and conditions hereof. the City shall have
authority and responsibility for enforcement of the terms of this Easement. Any
forbearance by either the City or Grantor to exercise rights hereunder in the event of
breach of any term, condition, or restriction shall not be deemed or construed to be a
waiver of any right of enforcement. No delay or omission by the City or Grantor in the
exercise of any right or remedy shall impair such right or remedy, or be construed as a
waiver.
2. Settlement Agreement. No provision of this Easement shall be construed or
applied to limit the rights of, or remedies available to, the Parties under terms of the
(SKO12178.DOC 3 } 6
Hanson Crabtree Quarry Expansion - Page 268 of 318

referenced Settlement Agreement and Declaration of Covenants. In the event of
ambiguity or inconsistency between provision of this Easement and the Settlement
Agreement and Declaration of Covenants, the latter shall prevail.
3. Access; Oversight; Insnections. Prior to the City's Access Date, consistent with
the Settlement Agreement and Article 1, section 5(a) and (b) hereof, the City may have
limited access to and use of the Easement Area. Such limited access requires forty eight
(48) hours prior notice to Grantor. Because, prior to the City's Access Date, the Property
will be an active mine under the jurisdiction of the U.S. Department of Labor Mine
Safety and Health Administration ( "MSHA "), the City, its employees, contractors,
representatives and agents shall be considered a contractor under MSHA rules and
regulations and will subject to all MSHA rules and regulations while on the Property,
including the requirement to have safety training prior to entering the Property. The City,
and any of its employees, contractors, representatives and agents that access the
Easement Area prior to the City's Access Date must be accompanied by representative of
Grantor during such inspection. In addition to the foregoing requirements, when the City
requests access to the Easement Area for the purposes specified in Article I, section 5(b)
hereof, any employee, contractor, representative and agent of the City shall be required to
execute a right of entry agreement provided by Grantor at the time of the request to
access.
4. Breach of Easement Conditions; Remedies Generally. Upon breach of any of the
terms and conditions of this Easement by the City or by Grantor, or anyone acting for or
under authority of the defaulting party, the non - defaulting party shall, except as provided
below, notify the defaulting party in writing of such breach. The defaulting party shall
have thirty (30) days after receipt of such notice to correct any conditions constituting
such breach. If the breach remains uncorrected after thirty (30) days, the non - defaulting
party may enforce the terms and conditions of this Easement by any appropriate legal
proceedings, including actions for damages, injunctive, and other relief. In addition,
either party shall also have the further power and authority to:
(a) immediately abate or prevent any impairment or degradation of the
property subject to the Easement by acts which may be unlawful or otherwise in violation
of this Easement; and
(b) otherwise preserve or protect its interest in the property; and
(c) seek damages from any appropriate person or entity.
ARTICLE V. MISCELLANEOUS
1. Citv's Covenant and Indemnitv. To the extent authorized by law, the City agrees
to hold the Grantor harmless from liability for personal injury or property damage arising
out of the use of the Easement Area for public Greenway purposes, including rights and
duties granted to the City in this Easement; provided, the Grantor shall not be held
harmless from liability caused by its active fault or solely by the negligence of the
(SK4[2178.DOC 3 17
Hanson Crabtree Quarry Expansion - Page 269 of 318

Grantor, its agents, invitees, or contractors; or solely by acts of the Grantor, its agents,
invitees, or contractors which violate the terms and conditions of this Easement. The
Parties acknowledge that the authority of a municipality to indemnify against claims has
not been established by any N.C. statute or court decision.
2. Grantor's Covenant and Indemnity. Prior to the City's Access Date, Grantor agrees
to hold the City harmless from liability for personal injury or property damage arising out
of the uses by and activities of the Grantor within the Easement Area, including rights
reserved by Grantor hereunder; provided, the City shall not be held harmless from
liability caused by its active fault or solely by the negligence of the City, its agents,
invitees, or contractors; or solely by acts of the City, its agents, invitees, or contractors
which violate the terms and conditions of this Easement.
3. Jurisdiction and Venue. In the event of any dispute arising under terms of this
Easement, jurisdiction shall be in the courts of North Carolina, and venue shall be in
Wake County.
4. Severability. if any provision of this Easement is declared void, invalid or
otherwise unenforceable for any reason by a court of competent jurisdiction, the
remaining provisions shall continue to be fully effective and enforceable, it being the
express intent of the Parties that the provisions hereof be Severable.
TO HAVE AND TO HOLD the right, privileges, and easements herein granted
to the City, their successors and assigns forever. The Easement shall run with the land as
a perpetual servitude, and shall be binding upon the Grantor and its agents, personal
representatives, heirs, successors and assigns forever.
THE EASEMENT AREA does not comprise a primary residence of the Grantor.
AND THE GRANTOR COVENANTS that it is vested of the Easement, and has
the right to convey the same; that the same are free from encumbrances except as
hereinafter stated, and that the Grantor will warrant and defend title to the same against
the claims of all persons whomsoever.
Subject to easements, encumbrances and restrictions of record.
(sKOL2t78DOC3 )S
Hanson Crabtree Quarry Expansion - Page 270 of 318

IN WITNESSETH WHEREOF, the Grantor has duly executed the foregoing
instrument i the namQ of the limited liability company, by the signature of its
om as the act and deed of the limited liability company, and
the City has execute the instrument in its corporate name, by the signature of its
(Interim) City Manager, attested by its City Clerk- Treasurer, for the purpose of giving
and memorializing its consent thereto, all on the day and year first above written .
HANSON AGGREGATES SOUTHEAST
LLC
By: (SEAL.)
1 0 i tQ Prvsi &,%n �C-IeAmA 6M�ff
{SKO 12 1 78.DOC 3 } 9
Hanson Crabtree Quarry Expansion - Page 271 of 318

of RaI \�
0
v
PROPER7ublic C P ON AP ROVED:
Works Dir r
Consented to:
THE CITY OF RALEIGH
By: r
Its BRAE C[,
49W( SEAL)
ATTEST: _
By. � /►
Its: 7�j (Ole
A- P-P-RROO�VED AS TO FORM:
Ei# Atto
(SKOI2178.DOC 3 } 10
Hanson Crabtree Quarry Expansion - Page 272 of 318

STATE OF Gvot i0L-�
COUNTY OF M
J
ACKNOWLEDGEMENT
This is to certify that on the aj�'� day of 1'�Inv0- , 2014, before me
personally came OA iS VMLL , 1i whom I am
personally acquainted ho being be me duly sworn, says that (s) he is
the nar0.A of Hanson Aggregates
Southeast LLC ,the lime ed liability coand principal reamed in the foregoing
instrument; that t e name of the
,, company was subscribed thereto by the said
\4 i Lt 9ce� ,vx"CIA WA al that the instrument is the act and deed of
the limited lia b ilfty company.
Witness, }rind and official seal this the day of \OAUCu'� , 201''-I'
Q� tymTA�7�,y
(St PEORGIA - Notar Pubhi
SEPT 9, 2016 -& (y-
\ron • ! VIUI I vu S
(notary's printed name)
rw Cr ►oa��ee�``��\
My Commislon Expires. q,aDRI
{SK012178.DOC 3 ; l 1
Hanson Crabtree Quarry Expansion - Page 273 of 318

NORTH CAROLINA
COUNTY OF WAKE
CITYIMANAGER
ACKNOWLEDGEMENT
This is to certify that on the 3 4) day of Ft,12;) , 201 � , before me
personally came Gail G. Smith, with whom I am personally acquainted, who, being
by me duly sworn, says that she is the City Clerk and Treasurer and Ruffin L. Fall
is the City Manager of the City of Raleigh, the municipal corporation described in
and which executed the foregoing; that she knows the corporate seal of said
municipal corporation; that the seal affixed to the foregoing instrument is said
corporate seal, and the name of the municipal corporation was subscribed thereto
by the said City Clerk and Treasurer and that the said corporate seal was affixed,
all by order of the governing body of said municipal corporation, and that the said
instrument is the act and deed of said municipal corporation.
WITNESS my hand and official seal this the �J day of
ZLe) ko A Q-,-) , 2014.
e,,.a .................,
EL
<1/' 01 A R y dc`= ary Public l
(SEAL) AU B�'��
coo
My Commission MV117" s:
Notary's Printed Name
v
2:
�laU.li�� big
sxaIzt7s.DOC 1 } 12
Hanson Crabtree Quarry Expansion - Page 274 of 318

EXHIBIT I
Being that easement area identified as "NEW CITY OF RALEIGH
GRIJENWAY EASEMENT ", comprising 329,204 sq. ft. (7.558 acres) as
shown and described on that exhibit plat entitled, "EASEMENT
ACQUISITION MAP FOR CRABTREE CREEK GREENWAY ", sheet I of 3,
2 of 3, and 3 of 3, respectively, prepared by Stewart engineering company, and
attached as EXHIBIT I -A.
{SK013178.DOC3 }13
Hanson Crabtree Quarry Expansion - Page 275 of 318

s �
Nl
w
. w
yl
=�x
' al
a) - -._
NORTH
NAD83(2011)
j / C
1
f
'f J
! f { NELVCITYOFf
GREENWAY F
(329,204 S F, 7.:
EXHIBIT 1 -A
Nip 1STATE OF NORTH CAROLINA
PIN 0788 -42-1978
CENTERLINE OF
CRABTREE CREEK
PROPERTYLINE f e
=ss '
N/F
BENCHMARK CAROLINA
AGGREGATES. ING
D 1592, PG 361
PIN 078B -34 -9206
(168.3 ACRES PER RECORDS)
SCALE: 1" = 150'
#Oel
STEWART
EASEMENT ACQUISITION MAP FOR:
CRABTREE CREEK GREENWAY
MEREDITH TOWNSHIP, CITY OF RALEIGN
WAKE COUNTY, NORTH CARWHA
1ROCKWOOD1)R'
jProjectN -- G13026 RCN-- —i
Scale: 1" =150' Dale: 10125!13
Drawn By: RIP Dr-a gN.: y y�}
Checked By: RWP 1 OF J
Hanson Crabtree Quarry Expansion - Page 276 of 318
Y
LEGEND
/
A SURVEY CONTROL POINT '
❑ECM EXISTING CONCRETE MONUMENT
© COMPt1TED POINT -
- — 0.2% CHANCE FLOOD UNE
1% CHANCE FLOOR LINE -
—FW- -- FLOOOWAYLINF
PROPERTY LINE SURVEYED
PROP €RTY LINE NOT SURVFYED
EASEMENT LINE
GREENWAY EASEMENT
SHEET 3 FOR
Vichty Map:
IISEE
GENERAL NOTES
I
Nat to scale
-
AND LINE TABLFS
AV R DR
THIS MAP IS NOT A CERTIFIED SURVEY
1vORTH
AND HAS NUT SEEN REVIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
Nl'CA." f
GRABTREE CREEK -
-
COMPLIANCE WITH ANY APPLIMLE
LAND DEVELOPMENT REGULATIONS.
` '� ❑: F E� S %p•.��
SEW.- 7.
L --5023
1
\.�
SITE
RICHIAND
a.
i��' ••,�iZ' e~
CREEK -
DURALE3GH RD
`r
0 75 150 300
+�R�
SCALE: 1" = 150'
#Oel
STEWART
EASEMENT ACQUISITION MAP FOR:
CRABTREE CREEK GREENWAY
MEREDITH TOWNSHIP, CITY OF RALEIGN
WAKE COUNTY, NORTH CARWHA
1ROCKWOOD1)R'
jProjectN -- G13026 RCN-- —i
Scale: 1" =150' Dale: 10125!13
Drawn By: RIP Dr-a gN.: y y�}
Checked By: RWP 1 OF J
Hanson Crabtree Quarry Expansion - Page 276 of 318

o
N!E
THE HAMPTONS DEVELOPMENT
COMPANY. LLC /�-
DB 11903, PG91 NIF
8M 200a, PG 1008 BENCHMARK
PIN 0785- 22 -r 806 CAROLINA
AGG€2EGATES.ING
IN 1592, 4- 361 !
PIN 9 ACRES PER
� (16B.9 ACRI =S PER f
NORTH /
� RECORDS) � 9 NADB3(2011} 1��,
h
a S T ATE QE NORTH
CENTERLINE OF \ �/ CAROLNA
CRABTREE CREEK _ \f2 y��, PIN 07B6a2 -1878 I
IS PROPERTY LINE
Ao el
� Tee
• i
�1
'I
'I
<ys
NEW CITY OF RALEIGH
GREENWAYEASEMENT
(329,204 SF, 7 -558 AC) -
NIF
BENCHMARK CAROLINA
AGGREGATES. WC_
DB 1592, PG 361
PEN 0786-34 -9203
(i65 -9 ACRES PER RECORDS}
SEE SHEET 310R
GENERAL NDTES
- ' THIS MAP IS NOT A CERTIFIED SURVEY AND LINE TA BLES
-_ AND HAS NOT 6CEN REVIEWED BY ttt`t�r�r�rrrrr
LOCAL GOVERNMENT AGENCY FOR +,`k CAE704 r,
LEGEND
COMPLIANCE WITH ANY Af PUCABLE +' OCL f,�, t�
' DEVELOPMENT REGULATIONS. � •'��`F,5 31� + 9 : 0
SURVEY CONTROL POINT
LAND ,� �
.
O � : QFCNA
EXISTING CONCRETE MONUMENT
SEAL 9: t .
COMPUTED POINT -
'Q- 1. -5023 �: ---- -
0.2% CHANCE FLOOD LINE -
`
gs ':
�G. —FW—
1% CHANCE FLOOD LINE
FLOODWAY LINE
PROPERTY LINE SURVEYED
St►! •
PROPERTY LINE NOT SURVEYED -
f'<�<r"�RAfj1�V
0 75 150 300 . t', - -
-//,1 EASEMENT LINE
ry- GREENWRY EASEMENT
SCALE.: V= 150'
EASEMENT ACQUISITION MAP FOR:
PrnjectNo: 6-13029 Ref No:
r?
IF CRABTREE CREEK GREEiVWAY
Scale 1 "' -150' Date: 19!25113 '
S T EWART MEREDITH TOWNSHIP, CITY OF PALPIGN
I Drawn By: RWP o a.tn9rdo:
f`V `VY WAKE COUNTY, NORTH CAROLINA
Checked By: RVVP 2o,3
Hanson Crabtree Quarry Expansion - Page 277 of 318

LINE TABLE
LINE
LINE TABLE
DISTANCE
LINE
BEARING DISTANCE
16.68'
Ll
S64=59'52 "E
459.41'
L7-
N64'15'49 'E
61.31'
L3
N[22`00'13 "E
61.31'
L4
N18 "23'55 "E
692 9' Ily
L5
N28 "4T33 'E
33.61'
L6
N17 "35'34 "C
l�
14520'
L7
NI0'3T1I1 "E
2184'
LB
NO3'30'29 "E
83 -44'
L9
N10'33'OVE
26.20'
Li0
N17 °35'34 'E
62.73'
L11
N33'56'57"E
153.90'
L12
N62 °4724 "E
153.90'
L13
N80'255WE
303.73'
L14
S85`66'01 "E
182.99'
L15
656°11'43 "E
182.19'
L16
S41'44`34'E
03AV
L17
S55 °37'39 "E
53.75
LiB
563 °23'57 "G
5375
L19
S15 "16'53 "VJ
324. DT
L20
S51 °01'40 "E
13524
L21
S41'30'06 "E
496!,
LINE TABLE
LINE
BEARENG
DISTANCE
L22
S21`52'05 "E
16.68'
L23
S46'G2'44'E
23.69'
L24
S84 °36'19 "E
20.84'
L25
S46 "54'48 "E
61.60'
L26
549 °43'02 'E
42.22'
L27
544°58'57 "E
53.11'
L93
S45'37'27 "E
6493'
L29
572`13'32 "E
90.26'
L30
S88 °23'32 'E
66.95'
L31
NO3 "06'33 "W
119.91'
L32
S77'45'28 'W
13226'
L33
S66 '4G'30"W
25.37'
L34
S56 133'57 "W
37.51'
L35
S50 °2450 "W
39.76'
L36
S4G(W31 "W
49.01'
L37
S38 "28'27"W
37.46'
L3B
S32'10'10"W
42.52'
L39
S27,24'08"W
118.61'
L40
S67 °12'17 'E
94.82'
1-41
Ni9"51'49 "E
16.72'
L42
N25 °51'30 "E
62.97'
GENERAL NOTES
LIME TABLE
LINE
BEARING
DISTANCE
L43
N28 °57'21 "E
49.04'
L44
N21 °14'56 "E
57:04' 4
L45
N07'17'18 "E
57.09' 4
L45
NOWOD'39"W
1076,
!47
NGO'91'45 "E
4154'
L4B
NO6 "13'15 'W
1926'
L49
N05 "18'19 "E
51.40'
L50
N69 '11'l4 'E
58.28'
L51
N51 °00W'F-
58.83'
L62
N67 "56'53 "E
72.91'
L53
N89 °43'42 1E
64.69'
L54
S71'2T44 "E
48.15
L55
562 °5511 "E
70.52'
L56
559 °33133 1E
52.03'
L57
569 °07'06 "E
114,17'
L58
S73'53'IVE
84.19'
L59
S79'19'35'E
32.30'
L60
576 °3927 "E
57AU
L61
S53'46'01'•E
90.11'
L62
S36 "37'22"W
124.83'
GENERAL NOTES
I
T THIS PLAT IS I[STENOED TO REPRESENT CITY OF RALEIGH GREENWAY EASEMENTS ON A
PORTION OF THE PROP ERTY OF BENCHMARK CAROLINA AGGREGATES, INC., PIN 0786 -34 -9208,
j-
i AND IS NOT BOUNDARY SURVEY. THIS SURVEY WAS PERFORMED WM40UTTHEBENEFl1"UF
• A TITLE. REPORT AND THERLFORE ALL ENCUMBRANCES UPON THE PROPERTY MAY NOT BE
SHOWN.
i 2. REFERENCES:
DEED BOOK 1592, PAGE- 361
DEED BOOK 14831, PAGE 744
-
600K OF MAPS 1990, PAGE 765
- BOOK OF MAPS 2901, PAGES 1953 -1955
'
3. HORIZONTAL DATUM IS NAD 63 (2Cil) AND VERTICAL DATUM IS NAVDB8. BASED ON GPS
,
METHODS USING REAL- WALKINEMATIC SOLUTION[; FOR -THE SURVEY CONTROL POINTS
SHOWN HEREON AND TIED TO NORTIf CAROLINA GEODETIC SURVEY MONUMENTS "ANNIE LAKE
_
3" AND "PATROL 2 "-
"ANNE LAKE "PATROL
1`51
1CI[AS 1R!%Ip0
-
N 77288x, _5a 741347.0 6'
�
f
- E 2000781.95 E 2056727 -63 '
=0.�a�1� y1
r
EL 376.95' EL493.99'
SEAL 9
'- 4. THE INITIAL STATE PLANE POSTIONS FOR THIS SURVEY WERE SCALED FROM GRID To
L -5023 �•
GROUND FROM A PROJECT LOCATION OF N:760851.559' E:2084641.372', AN ELEVATION OF
_
361.55', USING A COMBINED FACTOR OF 0.99991836.
"E
5, THE SUBJECT PROPERTY IS ZONED PIN 0756-34 -9208 "R4" (RESIDENTIAL) AND PIN D7B6 -30 -6569
_
.......
G
- "R-6" (RESIDENTIAL) PERTHE WAKE COUNTY GEOGRAPHIC INFORVATION SYSTEM.
-=1�
EZ THE SUBJECT PROPERTY LIES INZONESX (AREA DETERMINED TOBEOUTSIDETHE42f
ANNUAL CHANCE AND FUTURE CONDITIONS 1% ANNUAL CHANCE FLOODPLAIN), X (SHADED)
--
J
- (AREA OF 02% ANNUAL CHANCE FLOOD? AREAS OF FUTURE CONDITIONS 1% ANNUAL CHANCE
FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT
OR WITH DRAINAGE AREAS OF LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED_ BY
LEVEES FROM 1% ANNUAL CHANCE FLOOD), AE (AREA DETERMINED TO BE INSIDETHE 1
- ANNUAL CHANCE FLOOD, BASE FLOOD ELEVATIONS DETERMINED), AND FLOODWAY
THIS MAP i5 NOT A CERTIFIED SURVEY
(DELINEATED FLOOUWAY OF A STREAM). BASED ON THE FLOOD INSURANCE RATE MAP
HAS BEEN REVIEWED BY A
COMMUNITY MAP NUMBER 372D078600.1 DATED MAY 2,20W. FLOOD HAZARD LINES SHOl4m!
.AND
LOCAL GOVERN AGENCY FOR
- HEREON ARE FROM NCFLOODMAPS -COM.
NCE %PA H ANY A
COMPLIANCE LNFCH ANY APPLICABLE:
LANG bEVELOPMENT REGULATIONS.
8, ADDRESS: 5209 ❑URALEIGH ROAD
FASEMENT ACQUISITION MAP FOR:
Project No: G13026 Ref No' -
_ CRABTREE CREEK GREENWAY
_,
Scale: NA Date: 10125113
fifi A / p [] MEREDITH TOWNSHIP, CITY OF RALLEGN
Drawn BY: RWP El-4,g N,,:
c7 V 1( /� [��
WAKE COUNTY, NORTH CAROLii4A
Checked By: RWP 30F 3
Hanson Crabtree Quarry Expansion - Page 278 of 318

Instrument Prepared By:
Brief Description for Index
Parcel Identifier:
Mail After Recording To:
Raleigh City Attorney's Office
Crabtree Creek
PIN Out of 0786349208
City Attorney's Office
P.O. Box 590
Raleigh, N.C. 27602
STATE OF NORTH CAROLINA
COUNTY OF WAKE
SPECIAL WARRANTY DEED
TO CITY
THIS DEED is made this 0 day of Fc , 2014, (the "Effective Date ") by
HANSON AGGREGATES SOUTHEAST LLC, a Delaware limited liability company with an
address of 2310 Parklake Drive, Suite 550 Atlanta, Georgia 30345, hereinafter referred to as
"Hanson" or the "Grantor ", to the CITY OF RALEIGH, a North Carolina Municipal
corporation with an address of P.O. Box 590, Raleigh, NC 27602, (the "City ").
WITNESSETH:
WHEREAS, the City of Raleigh has established and presently operates the Capital Area
Geeenway Program, which has as its purposes the conservation of natural, scenic, or
ecologically valuable properties (generally known as "greenways "), and the development and
provision for public use of paved or unpaved "greenway trails" within such properties; and
{SK011266.DOC 3 1
Hanson Crabtree Quarry Expansion - Page 279 of 318

WHEREAS, the Grantor is the owner in fee simple of certain real property (the
Property "), described in Exhibit 1, attached
WHEREAS, the Property has conservation, ecological, and recreational value in its
present state, which values should be preserved and maintained for use and enjoyment by the
public; and
WHEREAS, the City has planned to construct, and intends to make available for public
use, the Crabtree Greenway Trail (the "Project" or "Greenway Project "), portions of which may
be located on areas of or immediately adjacent to the Property; and
WHEREAS, the Grantor and the City have entered into a Settlement Agreement dated
r46V.X"Y 6#1 2014 (the "Settlement Agreement ") in order to resolve a longstanding legal
dispute concerning quarrying activities permitted on the Property, the resolution of such matters
having implications for the location of greenway trails and easements to accommodate such
trails, and
WHEREAS, pertinent provisions of the Settlement Agreement are incorporated into
that Declaration of Covenants, Conditions, and Restrictions ( "Declaration of Covenants ") dated
F2v Ir" , 2014 and recorded in Deed BooI4 5. b, Page 8'.5 , Wake County Registry; and
WHEREAS, the Property is subject to that certain permit number 92 -03 for the
operation of a crushed stone quarry issued by the North Carolina Department of Environment
and Natural Resources (the "Miring Permit''); and
WHEREAS, in furtherance of the above stated environmental and conservation
objectives, the enhancement of the Greenway Project, and in accordance with terms of the
referenced Settlement Agreement, Hanson has agreed to convey to the City, and the City has
agreed to accept, the Property described herein.
NOW THEREFORE, in consideration of the Recitals and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Hanson has and by
these presents does grant, bargain, sell and convey unto the City in fee simple, that certain lot or
parcel of land situated in Wake County, North Carolina (the "Property ") and more particularly
described as follows:
,SKQ11266.DOC 3 j
See "Exhibit F, attached.
Hanson Crabtree Quarry Expansion - Page 280 of 318

THE GRANTOR EXPRESSLY EXCEPTS from the Property and interest herein
conveyed and, for its successors and assigns, expressly RESERVES the right to cause
vibrations, noise, dust, particulates, debris, and other similar materials and odors to be in the air
above, descend upon, go across, or go through the Property, and in general to subject the
Property to all similar damages and /or consequences arising from the location and operation in
the vicinity of the property of any the Crabtree Quarry and related activities, including without
Iimitation equipment operation and truck traffic at, to and from the Crabtree Quarry. By
accepting the conveyance of this Property, the City hereby subordinates its rights in and to the
Property to those of the Grantor relating to noise, dust, and vibration as enumerated above
("Noise, Dust, and Vibration Exception "). Notwithstanding the foregoing, nothing contained
herein shall be construed to allow Grantor's vehicles, equipment, employees or customers to
physically enter the Property or to conduct mining operations thereon. This Noise, Dust and
Vibration Exception shall terminate upon the expiration of the Reclamation Period, as defined
in the above referenced Settlement Agreement and recorded Declaration of Covenants.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the City in fee simple.
THE PROPERTY does not comprise a primary residence of the Grantor.
GRANTOR COVENANTS with the City, that Grantor has done nothing to impair
good and marketable title to the Property, and it will warrant and defend the title to the same
against the lawful claims of all persons claiming by, through, or under Grantor, subject only to
liens, encumbrances, restrictions, and other matters of record.
IN WITNESSETH WHEREOF, the Grantor has duly executed the foregoing
rent in the name of the limited liability company, by the signature of its
as the act and deed of the limited liability company, and the City
has executed the instru ent in its corporate name, by the signature of its City Manager, attested
by its City Clerk- Treasurer, for the purpose of giving and memorializing its consent thereto, all
on the day and year first above written.
{SKDI 1266.DOC 3 1
HANSON AGGREGATES SOUTHEAST LLC
BY:
(SEAL)
ITS V i u- �r�'S i dew �L-� en2ra,� I\A..nq, d
Hanson Crabtree Quarry Expansion - Page 281 of 318

RAL
0
U�
ti�TH G�<
PROPERTY D P IONNAPPROVED
Chief City Engineer►
{SK411266.DOC 3
Consented to:
THE CITY OF RALEIGH
By:
Its Ci '�
ATTEST?
By:
Its:
A� (SEAL)
APPROVED AS TO FORM:
Hanson Crabtree Quarry Expansion - Page 282 of 318

STATE OF
COUNTY OF
ACKNOWLEDGEMENT
This is to certify that on the �31-6r day of )a.n.ua-j( , 2014 before me personally
came Chris Via r CL— . with whom, I am personally acquainted, who,
being be dulyn A " sworn, says that (s) he is the
�u Ne6 I A0 V &rtP— a,l � Val of of Hanson Aggregates Southeast LLC, the
limited liability company and principaled in the foregoing i streamen that the name of the
company was subscribed thereto by the said V 1(,e Qtr k cu— I eY1P.fat -} e(and that the
instrument is the act and deed of the limited liability company.
Witness C1 4 ; + and official seal this the�i� day of �nVa- .20
�q R-- -o
i
(SEAL) Notary Public
(Notary" s Printed Name)
•S�P�.J ii!l1614441444`� �
My Commission rxpires:
(SK011266.DOC 3
Hanson Crabtree Quarry Expansion - Page 283 of 318

NORTH CAROLINA
COUNTY OF WAKE
CITY /MANAGER
ACKNOWLEDGEMENT
This is to certify that on the 3 day of rEb , 201 q , before me personally carne Gail
G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is
the City Clerk and Treasurer and Ruffin L. Hall is the City Manager of the City of Raleigh, the
municipal corporation described in and which executed the foregoing; that she knows the
corporate seal of said municipal corporation; that the seal affixed to the foregoing instrument is
said corporate seal, and the name of the municipal corporation was subscribed thereto by the
said City Clerk and Treasurer and that the said corporate seal was affixed, all by order of the
governing body of said municipal corporation, and that the said instrument is the act and deed of
said municipal corporation.
WITNESS my hand and official seal this the Aay of 'rtKUA Q, 2014.
,,�•�' E I
(SEAL)
5 �s�cc:nae5eiee�"
My Commission Expires: O v . alD l S
{SK011266.DOC 3 y
Mary Public
Notary's Printed Name
Hanson Crabtree Quarry Expansion - Page 284 of 318

{5K01 L266.DOC 3 }
Exhibit 1
Being that parcel identified as "NEW CITY OF RALEIGH NATURE
PRESERVE AREA ", comprising 325,079 sq. ft. (7.463 acres), as shown and
described on that exhibit plat entitled, "EASEMENT ACQUISITION MAP FOR
CRABTREE CREEK GREENWAY ", sheet 1 of 2 and 2 of 2, respectively,
prepared by Stewart engineering company, and attached hereto as EXHIBIT 1 -A.
Hanson Crabtree Quarry Expansion - Page 285 of 318

EXHIBIT 1 -A
THE HAMPTONS
DEVELOPMENT COMPANY, LLC
DB 11903, PG 91
9M 2606, PG 1009
PIN 0785-22 -7860 \
`
• i��rr 1 %r:r
NfF
THE_HAMPTONS
DEVELOPMENT COMPANY, LLC
0B 11903, PG 91
BM 2007, PG 2444 -2446
PIN 0766"21 -7624,
LINE
L1
L2
L3
L4
L5
L6
L7
CENTERLINE OF
RICMAND CREEK
IS PROPERTY LINE
l I
l �
NORTH
NAD a3 {2011 )
N1F
BENCHMARK
CAROLINA
AGGREGATES, INC
\ OR 1592 PG 361
CENTERLINE OF PIN 0786 -34 -9208 `
CRABTREE CREEK w \� (168.9 ACRES PER
ES 'ROPER, � LLLiNE RECORDS)
w
%N
-
s BENCHMARK CAROLINA
+ �� /j. F ! AGGREGATES, INC
D 1592, PG 3G1
PIN 07 B6 -34 -9205
_ 7
(158.9 ACRES PER RECORDS)
GEE ERn NOTES
N32- 55 -42-W 56,63' I L14 515116'53°W 551.91
THIS MAP IS NOTACERTIRED SURVEY
AND HAS NOT BEEN REVIEWED BY
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WfTH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS.
73�7
0 100 200 400
SCALE 1" = 200'
a' I"ICmc t" :r
RQ
'� � r rr
SEAL 7:
r �
`rrr4.90 W
Vicinity Map:
Not to scale
av nR
KORni
GRASTREE CREEK--%
RICHL'AND l
CREEK
Ri
EASEMENT ACQUISITION MAP FOR:
/y
p CRABTREE CREEK GREENWAY
STE YY�A /ART MEREDITH TOWNSHIP, CITY OF RALEIGN
"z� osrt° WAKE COUNTY, NORTH CAROLINA
Hansor
SITE
bURALEIGH RD
OR
Project No: G13026 Ref No:
Scale: 1" =200' Date: 1 D125113
Drawn By: RWP o9uo
Checked BT- R q WP 1 OF 2
- ..,.- .. ".... ,_.. .rte
i Crabtree Quarry Expansion - Page 286 of 318
%
AND TIE LINES
LINE TABLE
I
LINE TABLE
LEGEND
BEARING
DISTANCE
I LINE
BEARING
DISTANCE
Q
SURVEY CONTROL POINT
N52.54'00°W
47 -96'
I LB
1d70"38'OB'W
344.73'
❑ ECIA
E=TING CONCRETE MONUMENT
A
COMPUTED POINT
WA'74'45 "W
49 18'
L9
N13 °35'58 -W
373.18'
0.2% CHANCE FLOOD LINE
-
1 % CHANCE~ FLOOD UNE
N55 °46'12"UV
54.06'
L1D
572 °38'58 "E
279.71'
—FW—
FLOODWAY LINE
N45 "07'35W
52.69
L11
N87 °2T22 "E
394.52'
PROPERTY UNE SURVEYED
—
PROPERTY LINE NOT SURVEYED
N52 °48'08"W
41.10'
1 L12
S64 °2NWE
153.68'
— — — —
EASEMENT LINE
GREENWAY EASEMENT
N42 "30'57"W
61 12'
L13
S51 °45'03 'E
5371'
N32- 55 -42-W 56,63' I L14 515116'53°W 551.91
THIS MAP IS NOTACERTIRED SURVEY
AND HAS NOT BEEN REVIEWED BY
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WfTH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS.
73�7
0 100 200 400
SCALE 1" = 200'
a' I"ICmc t" :r
RQ
'� � r rr
SEAL 7:
r �
`rrr4.90 W
Vicinity Map:
Not to scale
av nR
KORni
GRASTREE CREEK--%
RICHL'AND l
CREEK
Ri
EASEMENT ACQUISITION MAP FOR:
/y
p CRABTREE CREEK GREENWAY
STE YY�A /ART MEREDITH TOWNSHIP, CITY OF RALEIGN
"z� osrt° WAKE COUNTY, NORTH CAROLINA
Hansor
SITE
bURALEIGH RD
OR
Project No: G13026 Ref No:
Scale: 1" =200' Date: 1 D125113
Drawn By: RWP o9uo
Checked BT- R q WP 1 OF 2
- ..,.- .. ".... ,_.. .rte
i Crabtree Quarry Expansion - Page 286 of 318

"ANNE LAKE 3" 'PATR0L2"
N 772885.53' N 747347.06'
E 2060781.95' E 2080727.63'
EL 376.95' EL 493.99'
4, THE MrITAL STATE PLANE POSTIONS FOR THIS SURVEY
WERE SCALED FROM GREO TO GROUND FROM A PROJECT
LOCATION OF N:76041.55V E:2084641.37Z. AN ELEVATION
OF 361,55', USING A COMBINED FACTOR OF 0.99891 836.
5. THE SUBJECT PROPERTY IS ZONED PIN 0786 -34- 9208 "R4'
(RESIDENTIAL) AND PIN 07B6- 30- B558 "R -6" (RESIDENTIAL)
PER THE WAKE COUNTY GEOGRAPHIC INFORMATION
SYSTEM.
THIS MAP IS NOTA CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A
LOCAL. GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICAB LE
LAND DEVELOPMENT REGULATIONS.
LEGEND
7
L1
_
DECM
!
P•A
COMPUTED POINT
��
D_2 %- CHANCE FLOOD LINE
1% CHANCE FLOOD LINE
din NORTH
FLOODWAY LINE
d NAD83(2011)
PROPERTY LINE SURVEYED
�y
PROPERTY LINE NOT SURVEYED
ECM
NIF
BENCHMARK CAROLINA
AGGREGATES, INC
°y 1
DB 1592, PG 361
PIN OTOS- 34.9208
TRAV -2 -IRS
(158.9 ACRES PER RECORDS)
{{ N:760851.569'
11953¢'-[17 ECM ,S E2084641.37Z
1242.98 TOCENTERLINECREEK
Sifi'3149`W 16.54'
N88 °19'04"W 1250.02-T L ECM T[E LINE ONLY
'
7 04'
NIF
HANS09 AGGREGATES
SOUTHEAST`LLC
EXISTING PERMANENT
DS 14831, PG 744
SLOPE EASEMENT l
BM 1990, PG 765
faM 2001, PG 1953) yi
PIN 07$6- 30-6569
EXISTING PERMANENT
(16.62 ACRES PER RECORDS)
UTILITY EASEMENT —�-1
(BM 2001, PG 1953)
GENERALNOTES
1, THIS PLAT IS INTENDED TO REPRESENT CITY OF RALEIGH
7. THE SUBJECT PROPERTY LIES IN ZONES X (AREA
NATURE PRESERVE AREA ON A PORTION OF THE
DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE
PROPERTY OF BENCHMARK CARO LINA AGGREGATES,
AND FUTURE CONDITIONS 1% ANNUAL CHANCE
INC., F IN 0786- 349206, AND IS NOT A BOUNDARY SURVEY.
FLOODPLAIN), X (SHADED) (AREA OF 0.2% ANNUAL
THIS SURVEY WAS PERFORMED WTTHOUTTHE BENEFIT
CHANCE FLOOD; AREAS OF FUTURE CONDITIONS 1%
OF A TITLE REPORT AND THEREFORE ALL
ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE
ENCUMBRANCES UPON THE PROPERTY MAY NOT BE
FLOOD WITH AVERAGE DEPTHS OF LESS THAN i FOOT OR
SHOWN.
WITH DRAINAGE AREAS OF LESS THAN 1 SQUARE MILE;
AND AREAS PROTECTED BY LEVEES FROM 1 % ANNUAL
REFERENCES:
CHANCE FLOOD), AE (AREA DETERMINED TO BE INSIDE
DEED BOOK 9592, PAGE 381
THE 1% ANNUAL CHANCE FLOOD, BASE FLOOD
DEED BOOK 14831, PAGE 744
ELEVATIONS DETERMINED), AND FLOODWAY (DELINEATED
BOOK OF MAPS 1990, PAGE 755
FLOODWAY OF A STREAM). BASED ON THE FLOOD
HOOK OF MAPS 2301, PAGES 1953 -1955
INSURANCE RATE MAP CGMMUNF[Y MAP NUMBER
3720078600) DATED MAY 2, 2006. FLOOD HAZARD LINES
3. HORIZONTAL DATUM 1S NAD 83 (2011) AND VERTICAL
SHOWN HEREON ARE FROM NCFLOODMAPS.COM.
DATUM IS NAVD88. BASED ON GPS METHODS USING
REAL -TIME KINEMATIC SOLUTIONS FORTHE SURVEY
6. ADDRESS: 5209 DURALEIGH ROAD
CONTROL POINTS SHOWN HEREON AND TIED TO NORTH
CAROLINA GEODETIC SURVEY MONUMENTS "ANNE LAKE
3" AND "PATRDL 2 ".
"ANNE LAKE 3" 'PATR0L2"
N 772885.53' N 747347.06'
E 2060781.95' E 2080727.63'
EL 376.95' EL 493.99'
4, THE MrITAL STATE PLANE POSTIONS FOR THIS SURVEY
WERE SCALED FROM GREO TO GROUND FROM A PROJECT
LOCATION OF N:76041.55V E:2084641.37Z. AN ELEVATION
OF 361,55', USING A COMBINED FACTOR OF 0.99891 836.
5. THE SUBJECT PROPERTY IS ZONED PIN 0786 -34- 9208 "R4'
(RESIDENTIAL) AND PIN 07B6- 30- B558 "R -6" (RESIDENTIAL)
PER THE WAKE COUNTY GEOGRAPHIC INFORMATION
SYSTEM.
THIS MAP IS NOTA CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A
LOCAL. GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICAB LE
LAND DEVELOPMENT REGULATIONS.
LEGEND
7
L1
SURVEY CONTROL POINT
DECM
EXISTING CONCRETE MONUMENT
A
COMPUTED POINT
— • —
D_2 %- CHANCE FLOOD LINE
1% CHANCE FLOOD LINE
— FVV -----
FLOODWAY LINE
PROPERTY LINE SURVEYED
PROPERTY LINE NOT SURVEYED
EASEMENT LINE
GREENWAY EASEMENT
0 Too zoo 400
SCALE; V= 200'
EASEMENT ACQUISITION MAP FOR:
CRABTREE CREEK GREENWAY
ST E WA RT MEREDITH TOWNSHIP, CITY OF RALDIGN
WAKE COUNTY, NORTH CAROLINA
Hansor
`t�ilA Al1l ri
CARQ�'<<,
2 °.aF�ssia g•
r'
r� g �;�•r U *:
10f!r
jProject No: G13026 Ref No:
Scale: 1" =200' Date: 10125/13
Drawn By: RWP DrvAwNa:
Checked 4: RVVP L OF 2
I Crabtree Quarry Expansion - Page 287 of 318

Instrument prepared by: Raleigh City Attorney's Office and Styers, Kemerait
& Mitchell, PLLC
Brief Description for Index: DuraIeigh Road
Parcel Identifier: RE110 0039195; 0069748; 0069748; 0120280; 0174293; 0174292;
0148763
Mail after Recording to: City Attorney's Office,
PO Box 590, Raleigh, N.C. 27602
STATE OF NORTH CAROLINA
COUNTY OF WAKE
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
( "Declaration") is made this 4N day of �cbrw�� , 2014 by HANSON AGGREGATES
SOUTHEAST LLC, a Delaware limited liability company ( "Hanson ").
WITNESSETH:
WHEREAS, Hanson owns or leases certain real property situated in the vicinity of
Crabtree and Richland Creeks, adjacent to Duraleigh Road in Raleigh, NC described in Exhibit
1 attached (the "Property "); and
WHEREAS, Hanson and the City of Raleigh (the "City") have for over thirty years
disputed Hanson's right to engage in aggregate quarrying activities over portions of the Property;
and
WHEREAS, Hanson and the City have, on February 4, 2013, entered into a Settlement
Agreement (the "Agreement ") providing for certain activities on portions of the Property, the
conveyance of greenway easements and other property rights to the City, and resolving other
disputed matters; and
WHEREAS, the Agreement sets forth restrictions, conditions, requirements,
prohibitions, rights and entitlements with respect to the Property which, being integral to
property rights of the City and Hanson, are intended to run with the land, and be binding upon
the grantees, successors, and assigns of Hanson; and
(SK012700.DOCX )
Hanson Crabtree Quarry Expansion - Page 288 of 318

WHEREAS, pursuant to terms of the Agreement, Hanson desires to incorporate and set
forth the provisions of the Agreement related to the use of the Property as Hanson's Declaration
of Covenants, Conditions and Restrictions upon the Property, to be recorded in the land records
of Wake County; and
WHEREAS, with respect to those portions of the Property which are leased by Hanson,
these Covenants, Conditions, and Restrictions are intended to be effective and binding on the
successors and assigns of Hanson only as authorized by terms of Hanson's lease, and only to the
extent of its leasehold interest.
NOW, THEREFORE, in consideration of terms of the Agreement, and the mutual
promises between the City and Hanson relating to property interests of both, and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Hanson hereby Declares, and imposes upon the Property, Covenants, Conditions, and
Restrictions, intending the same to run with the subject land, and be binding upon the grantees,
successors, and assigns of Hanson, as follows:
1. Definitions
Aggregate — means sand, stone, gravel, topsoil and overburden extracted from the mineral
deposits on the Property.
Business Activities — means activities that are not residential in character, except that activities
directly and solely related to remediation and reclamation of the Property after the Excavation
Period are not Business Activities.
Crabtree Quarry — means the quarry operated on portions of the Property and under the NCDOT
Mineral Lease.
Effective Date — means February 4, 2013.
Excavation Period — means the time period beginning on the Effective Date and ending on the
earlier of: 1) thirty -eight (3 8) years from the Effective Date; or 2) the date on which thirty (3 0)
million tons of Aggregate has been removed from the Excavation Pit.
Excavation Pit — that area of Northern Property from which Aggregate has, is and will during the
Excavation Period be excavated from below the surface, including the contiguous extension of
the open pit as existing on the Effective Date as depicted on Exhibit 2 hereto.
Mining Permit — that certain permit for the operation of a crushed stone quarry issued by the
Department of Environment and Natural Resources, Wake County - Permit No. 92 -03.
NCDOT land — means the land located north of Crabtree Creek and west of Duraleigh Road that
is owned by the North Carolina Department of Transportation and leased by Hanson under the
NCDOT mineral lease.
{SK012700.DOCX }
2
Hanson Crabtree Quarry Expansion - Page 289 of 318

Northern Property — means the portion of the Property located north of Crabtree Creek and west
of Duraleigh Road.
Reclamation Bond — means the security posted by Hanson, as required by section 74 -54 of the
North Carolina. General Statutes, in favor of the State of North Carolina, liability under which is
maintained until Hanson completes the reclamation required by North Carolina law and
regulation.
Reclamation Period — that period of time during which Hanson shall complete its reclamation
obligations in accordance with the reclamation conditions on the Mining Permit and shall
complete other reclamation or remediation described in this Settlement Agreement. The
Reclamation Period shall begin at the expiration of the Excavation Period and shall end two
years thereafter.
Temporary Stockpile Area — means that area shown on Exhibit 2 hereto and used to store
materials removed from the settling ponds located on the Property south of Crabtree Creek.
2. Hanson's Use of the Property
Hanson shall not extract Aggregate on any portion of the Property other than the portion of the
Northern Property detailed in the survey provided to the City in conjunction with the Settlement
Agreement (the "Survey "). Further Hanson shall not remove overburden or topsoil on any
portion of the Property other than the portion of the Northern Property detailed in the Survey or
the Settling Pond area south of Crabtree Creek in accordance with paragraph 8 hereof.
Hanson shall use the Property, including the NCDOT land, and conduct operations thereon,
only as expressly set forth herein, as envisioned by the Operation Plan attached hereto as
Exhibit 2.
3. End of Business Activities.
Hanson shall cease all Business Activities at the Property, including the NCDOT land, on the
earlier of thirty eight (3 8) years from the Effective Date or when, subsequent to the Effective
Date, 30 million tons of Aggregate has been removed from the Northern Property. However,
notwithstanding the foregoing, during the Reclamation Period, any remaining Aggregate that
was extracted during the Excavation Period and any materials stockpiled in the Temporary
Stockpile Area may be removed and/or sold from the Property.
4. Sale of Portion of Northern Property of Crabtree Creek to the City.
Within ninety (90) days of the release of the Reclamation Bond, and pursuant to terms of that
Option to Purchase Agreement of February. 4, 2014 entered into between the parties and
recorded in Book 15'50, Page '?f16 , Wake County Registry, Hanson shall convey to the
City title to that portion of the Northern Property depicted on Exhibit 3 hereto, to the City for
the nominal value of Ten U.S. Dollars ($10.00).
3.
Hanson Crabtree Quarry Expansion - Page 290 of 318

5. Noise and Vibration Mitigation.
a. Berm. Within six months of commencement of mining operations in an area north of
the quarry existing as of the Effective Date Hanson shall begin construction of a
landscaped earthen berm along the northern boundary of the Property, in accordance
with the plan attached hereto as Exhibit 4. The construction of the earthen berm shall
be completed before excavation of the overburden is any closer than 750 feet from the
northern property boundary and no later than eight (8) years from the Effective Date.
Hanson shall maintain the berm and shall replace any element of the landscaping that
dies or becomes diseased or as otherwise required by law or regulation at the time of
the berm construction.
b. Blasting Techniques Required. Hanson shall design each blast using the latest
available techniques to minimize impacts from blasting. Techniques to be employed
include laser profiling of the face and orientation of the blasts away from the adjacent
properties to the north of the quarry to reduce impacts from both ground vibrations
and air blasts. In addition, Hanson shall be sensitive to weather events that might
increase air blast impacts on neighbors and shall postpone blasting during such
events.
c. Blasting Limits. During all blasting operations implemented from top -of -rock to a
depth of 250 feet below top -of -rock, the maximum peak particle velocity ( "PPV ") of
any component of ground motion shall not exceed 75% of the current legally
allowable limit applicable to Crabtree Quarry.
During all blasting operations implemented below a depth of 250 feet below top -of-
rock, the PPV of any component of ground motion shall not exceed 50% of current
legally allowable limit applicable to Crabtree Quarry.
A table depicting the maximum limits allowed hereunder is attached hereto as Exhibit
5.
d. Enforcement of Blasting Limits. All records maintained by Hanson concerning
blasting, including those documenting the PPV associated with blasting operations,
shall be available to the City upon request, within 24- hours. Hanson shall self -report
to the City any violation of the blasting limits set forth herein. If a violation occurs,
Hanson shall cease all blasting at the depth at which the violation occurred until the
violation has been investigated and a corrective action plan implemented. Any
corrective action plan shall contain sufficient remedial measures so that no future
violation is likely to occur.
The parties acknowledge that failure to comply with Blasting Limits may result in
damages due to public disturbance and inconvenience, and increased inspection and
administrative costs. In view of the uncertainty and difficulty of making a precise
determination of any such damages, the parties agree that the City shall be entitled
to recover liquidated damages in addition to actual costs /damages recoverable by the
tsx012700.DOCx )
4
Hanson Crabtree Quarry Expansion - Page 291 of 318

City for matters other than public disturbance and inconvenience, and increased
inspection and administrative costs. This sum is a reasonable pre - estimate of the
probable damages to be incurred due to any potential public disturbance and
inconvenience, and increased inspection and administrative costs. The parties intend
such monies to provide for payment of such damages and not a penalty.
If a second violation occurs at that same depth within six months of the first
violation, Hanson shall remit to the City liquidated damages in the amount of $2,500
for the second violation. In addition, if a second violation occurs, Hanson shall cease
all blasting at the depth at which the violation occurred until the violation has been
investigated and corrective action plan implemented. If a third (and subsequent)
violation occurs within six months of the first violation, Hanson shall remit to the
City liquidated damages in the amount of $5,000 for the third (and each subsequent)
violation. In addition, if a third (or subsequent) violation occurs, Hanson shall cease
all blasting at the depth at which the violation occurred until the violation has been
investigated and corrective action plan implemented.
e. Hours of Blasting. Unless otherwise necessitated as a result of events or causes
beyond its reasonable control, including acts of God or the public enemy, acts and
omissions of any governmental authority, declared or undeclared wars, riots,
terrorism, strikes, floods, earthquakes, storms, epidemics, fires or other natural
calamities, Hanson shall limit blasting events to the hours of 10:00 a.m. to 4:00 p.m.,
Monday through Friday and shall not conduct blasting events on Saturday or on
Sunday. A "blasting event" means any use of a substance in a manner intended to
cause an explosion.
f Hours of Operation of Crushing Equipment. Hanson shall limit the operation of
all crushing equipment to the hours of 6:00 a.m. to 9:00 p.m., Monday through
Saturday and 1:00 p.m. to 9:00 p.m. on Sunday.
g. Low - Frequency Alarms. Hanson shall install low- frequency back -up alarms on all
machinery and equipment for which back -up alarms are required by law or
regulation.
6. Renovation of Primary Crusher and Maintenance of Processing Plant.
During the Excavation Period, as soon as practicable, Hanson shall renovate the primary crusher
at a location that is away from Crabtree Creek and that is, at a minimum, fifty (50) feet below the
current grade surface level and at which the wall of the Excavation Pit will function as a noise
baffle.
7. Relocation of Access Point.
Hanson may relocate its access point to the quarry as depicted in Exhibit 6. No later than one
hundred and twenty (120) days following the receipt of any and all federal, state and local
approvals necessary to re- locate the point of ingress /egress to the Property from Duraleigh Road,
Hanson shall install landscaping at the location of the current point of ingress /egress and future
{SK012700.DOCX )
C
Hanson Crabtree Quarry Expansion - Page 292 of 318

point of ingress /egress to the Property from Duraleigh Road in accordance with the plan attached
hereto as Exhibit 6.
S. Activities and Limits on Use of Property South of Crabtree Creek; Waiver and /or
Relinquishment of Claims or Rights to Use Property South of Crabtree Creek.
a. Hanson shall not use the portion of the Property south of Crabtree Creek except as
specifically set forth herein.
b. Hanson waives and relinquishes any claim or rights of any sort that it might possess
that the portion of the Property south of Crabtree Creek constitutes a pre - existing
non - conforming use except to the extent set out in this Settlement Agreement.
c. Settling Ponds and Temporary Stockpile Area. During the Excavation Period,
Hanson may continue to use, operate and maintain the existing settling ponds as part
of its on -going operations and consistent with past practice, but shall not expand the
existing settling ponds. Sediment removed from the settling ponds may continue to
be stockpiled temporarily in the Temporary Stockpile Area. Hanson shall restrict the
height of stockpiles to comply with current and future City ordinances governing
stockpile height. Stockpiling shall occur only in the Temporary Stockpile Area. The
parties specifically acknowledge that nothing in this Settlement Agreement prevents
stockpiled materials taken from the settling ponds from being used as fill material as a
part of the reclamation process when a settling pond is removed or when the
Reclamation Plan is implemented at the end of the Excavation Period.
Hanson may maintain the existing pipe from the slurry pump to the settling pond in
the location that is shown on Exhibit 1, but may not expand it or relocate it to any
other place within the Buffer Zone described below. If Hanson's activities
concerning the pipe require disturbing topsoil, then Hanson shall complete those
activities as promptly as possible and shall restore the area as nearly as possible to the
condition that existed prior to commencing its work.
If Hanson installs a settling pond for use in mining operations on the Northern
Property, including the NCDOT land, Hanson shall reduce the footprint of its
operations south of Crabtree Creek by an equivalent square footage. However, to the
extent that Hanson is required, by federal, North Carolina, or local law or regulation
to install a stormwater control or management device on the Northern Property,
including the NCDOT land, Hanson shall not be required to reduce the footprint of
its operations south of Crabtree Creek by an equivalent square footage.
d. Excavation Limited. No excavation of Aggregate shall occur from the surface of the
Property located south of Crabtree Creek except for: i) removal of materials taken
from the settling ponds located south of Crabtree Creek and stockpiled in the
Temporary Stockpile Area; or ii) removal of materials necessary to maintain the
existing settling ponds within the area specifically designated for the settling ponds
on Exhibit 2 and as previously allowed by the City.
(SK012700.DOCX )
C
Hanson Crabtree Quarry Expansion - Page 293 of 318

e. Hanson agrees that no non - conforming use status applies to the portion of the
Property assigned PIN number 0786308569.
f. Mining Permit Restrictions; Tree Preservation South of Crabtree Creek.
Hanson shall modify the Mining Permit, and specifically the mining plan, to classify
the portion of the Property south of Crabtree Creek, except for that area in which the
settling ponds and Temporary Stockpile Area and existing one -lane driveways are
located, as Buffer Zone in which no blasting, excavation, tree removal, or activity
inconsistent with applicable zoning regulations shall occur, except as set forth herein
( "Buffer Zone "). Such modification will conform to the area identified as Buffer
Zone on Exhibit 2 hereto.
Hanson shall maintain the undisturbed vegetated buffer a minimum of 100 feet in
width, as shown on Exhibit 2, existing as of the Effective Date, around the perimeter
of the portion of Property located south of Crabtree Creek throughout the Excavation
Period, except at such locations where the City may remove vegetation for the
construction and maintenance of a greenway pursuant to rights granted by
easement(s) from Hanson to the City. It is the parties' intent that the undisturbed
vegetated buffer continue to provide visual screening of the settling ponds and the
Temporary Stockpile Area. Hanson shall preserve the 100' vegetated buffer until the
Reclamation Period ends and shall remove trees or vegetation only when the material
is diseased or dead, or when the City's Chief Arborist determines that it necessary to
preserve the health of the 100' vegetated buffer or areas surrounding it.
Except as allowed for greenway construction and maintenance by the City, any tree
removal conducted within the Buffer Zone shall be in compliance with the Mining
Permit and shall comply with applicable City regulations in place at the time of
removal, and any removal of trees within the Buffer Area prior to the end of the
Reclamation Period shall be in conformance with a written Forestry Management
Plan approved by the City's Chief Arborist. The Forestry Management Plan shall
allow thinning and other forestry activities that protect the health of the trees within
the Buffer Zone and if required in order to use the one -lane driveways effectively or
safely, may also allow trimming or removal of trees that abut or overhang those
driveways.
Notwithstanding the foregoing, in the event Hanson desires to sell any portion of the
Property classified as Buffer Zone to an unaffiliated entity for a purpose, other than
for forestry or timbering, that is consistent with the underlying zoning or with the
City of Raleigh Comprehensive Plan in effect at the time of the sale, such sale shall
not violate the terms of this Settlement Agreement.
g. Use of Southernmost Driveway. Hanson shall limit ingress and egress from its
southernmost driveway to the period 7:00 a.m. through 5:00 p.m., Monday through
Friday, except as necessary to address emergencies or events or causes beyond its
reasonable control. The parties also specifically acknowledge that dust suppression
requirements described herein apply to vehicles entering or exiting the southernmost
{sK012700.DOCx }
Hanson Crabtree Quarry Expansion - Page 294 of 318

driveway.
9. Reclamation and Remediation.
At the end of the Excavation Period, Hanson shall immediately begin work to implement the
Reclamation Plan. Hanson's reclamation and remediation shall at minimum comply with the
requirements of Mining Permit, the N.C. Mining Act, and federal and State environmental laws
and regulations applicable at the time of reclamation and remediation. To this end, Hanson shall
remediate all known environmental conditions that have resulted from the use of the Property by
Hanson or its predecessors in interest for mining operations in accordance with applicable
regulatory requirements prior to the conveyance of the Northern Property contemplated by
paragraph 4 hereof.
In addition, Hanson shall reclaim the portion of the Property south of Crabtree Creek so that it is
suitable for use compatible with the underlying zoning classification in place at the time of
reclamation.
Hanson is permitted to stockpile materials removed from the settling ponds temporarily in the
Temporary Stockpile Area. Any stockpiled material remaining at the end of the Excavation
Period and not used as fill as a part of reclamation shall be removed from the Property by
Hanson.
Hanson shall complete all reclamation and remediation of the Property within a reasonable time
after work begins, in accordance with all applicable laws and regulations, and no later than the
termination of the Reclamation Period.
10. Environmental Permit Renewals and Modifications. If Hanson requests a renewal or
modification to any of its environmental permits, Hanson shall not request a permit condition
that would impose a more lenient standard relating to dust or noise than any such standard set
forth in these Covenants, Conditions, and Restrictions.
11. Community Outreach.
As of the Effective Date, Hanson shall implement the following community outreach activities:
a. Hanson shall maintain a call list / e -mail list by which to notify any property owners
within 2,500 feet of the Property, who request notification, prior to blasting events.
b. Hanson shall establish and maintain a website, accessible to the public, on which
seismographic information and data shall be posted.
c. Hanson shall establish a Neighborhood Advisory Group consisting of residents from
the surrounding neighborhoods and shall meet with such group two times per year at
the request of the group, or fewer if no such meeting is requested. Hanson shall give
careful consideration to concerns and suggestions from the Neighborhood Advisory
Group.
{SK012700.DOCX }
8
Hanson Crabtree Quarry Expansion - Page 295 of 318

d. Hanson shall implement and maintain a Protocol for Investigating Blasting
Complaints and Binding Arbitration Program similar to that outlined in Exhibit 7 to
address complaints arising from damages allegedly caused by operations at the
Property.
These community outreach activities shall continue throughout both the Excavation Period and
the Reclamation Period.
12. Dust Mitigation.
a. Dust Control Guidance Plan. Upon the Effective Date, Hanson shall implement the
Crabtree Quarry Dust Control Guidance Plan, a copy of which is attached as Exhibit
8.
b. Opacity Standards. Hanson shall comply with applicable opacity standards set
forth in federal regulations regardless of any exception that might otherwise apply.
c. Load Covers. For all trucks entering Crabtree Quarry, Hanson shall ensure that any
trucks leaving the Property have a working, functioning load cover. Any such truck
that does not have a functioning load cover shall not be loaded by Hanson. Hanson
shall use best efforts to ensure that the loads of all trucks exiting Crabtree Quarry are
covered. Hanson shall also install signs on the Property stating that all loads must be
covered and that all violations related to load covers will be reported to N.C. D.M.V.
— Enforcement. Hanson shall instruct employees to report all violations related to
load covers to site management who will, in turn, report such violations to N.C.
D.M.V. or another State agency that regulates motor vehicles.
d. Mining Permit Limitation. Hanson shall not request any modification to the
Mining Permit, or any mining permit hereinafter issued to Hanson, that reduces or
relaxes any standard applicable to dust control or mitigation.
13. Non - Waiver; Severability; Governing Law; Settlement Agreement
No waiver of any breach of any covenant or provision herein contained shall be deemed a
waiver of any preceding or succeeding breach thereof, or of any other covenant or provision
herein. contained. No extension of time for performance of any obligation or act shall be
deemed an extension of time for performance of any other obligation or act. If any term,
covenant or condition of this Declaration or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Declaration shall not be affected thereby and each such term, covenant or condition of this
Declaration shall be valid and enforceable to the full extent permitted by law. This
Declaration shall be construed in accordance with and governed by the laws of the State of
North Carolina. These Covenants, Conditions, and Restrictions are intended by the Declarant
to set forth those provisions of the referenced Settlement Agreement which are integral to the
property rights of Hanson and the City and which, by agreement between Hanson and the
City, should be recorded in the land
(sx012700.pocx )
0
Hanson Crabtree Quarry Expansion - Page 296 of 318

records of Wake County, as running with the land affected thereby, and binding upon the
grantees, successors, and assigns of Hanson. No provision hereof shall be construed or applied
in a manner which precludes or impairs the application or enforceability of any provision of the
Settlement Agreement. In the event of any conflict or inconsistency between the Settlement
Agreement and these Covenants, Conditions, and Restrictions, the former shall take precedence.
IN WITNESS WHEREOF, the Declarant has duly executed the foregoing in the limited liability
company name, by the signature of its Manager, and the City of Raleigh has executed in its
corporate name by the signature of its City Manager, attested by its City Clerk with the official
seal affixed, for the sole purpose of consenting to the terms hereof, the day and year first above
written.
HANSON AGGREGATES SOUTHEAST LLC
By: EAL)
Its: V[%&.P "'esid¢ll�`( P,1'1la, '44Lof
{SK01156:.DOC 2 110
Hanson Crabtree Quarry Expansion - Page 297 of 318

CONSENTED TO:
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PROPERTY D P ,ION APPROVED
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Public Works Direcvr
THE CITY OF RALEIGH
By: r' 1 (SEAL)
Its: �5/ AAstip e✓
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By: /u
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APPROVED AS TO FORM:
f 5K011561.DOC 2 } I I
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Hanson Crabtree Quarry Expansion - Page 298 of 318

STATE OF C-1 e0{ A1Cv
COUNTY OF -P 0 fkA —
ACKNOWLEDGEMENT
This is to certify that on the 3I day of �anvo -y 2014 before me
personally came Chr i & Vhf of wih whom 1 am personally
acquainted, who being bet'n wme duly sworn, says that (s) he is the
4iU- Qt`QSiAcA- r�C-i en2,�" IV ln& 4Y of Hanson Aggregates Southeast
LLC , the limited liability company and principal named in the foregoing instrument; that
the name of the co was subscribed thereto by the said
i Q Qf tid�n�
�6e-ftara� that the instrument is the act and deed of the
limited liability company.
Witness illy
official seat this the 3Io day of �Xl �f1(JA f , 2014.
EXPIRES
(SEAL! GEORGIA
S SEPT. 9, 2016 s
1R1BL�Q
Gd6dddld E2Fi1449 \e
My Commission xpires:
1)
a
Notary Pu 1ic
�'and�r� L . �1 t4 S
(notary's printed name)
i�
r
{SKO1 I561.DOC 2 } 12
Hanson Crabtree Quarry Expansion - Page 299 of 318

NORTH CAROLINA
COUNTY OF WAKE
CITYNANAGER
ACKNOWLEDGEMENT
This is to certify that on the Jaday of r-C-g , 20 j� , before me personally came Gail
G. Smith, with whom I am personally acquainted, who, being by me duly sworn, says that she is
the City Cleric and Treasurer and Ruffin L. Hall is the City Manager of the City of Raleigh, the
municipal corporation described in and which executed the foregoing that she knows the
corporate seal of the municipal corporation; that the seal affixed to the foregoing instrument is
said corporate seal, and the name of the municipal corporation was subscribed thereto by the
said City Clerk and Treasurer and that the official corporate seal was affixed, all by order of
the governing body of the municipal corporation, and that the instrument is the act and deed of
said municipal corporation.
WITNESS my hand and official seal this the 5 day of 201!:
ELD - y
\C� f'
(SEAL)
My Commission Expires-.
Public
�,S Lb6, q. F�
Notary's Printed Name
�SKQ1156LDOC 2 ,13
Hanson Crabtree Quarry Expansion - Page 300 of 318

EXHIBIT 1
BEING those parcels having Wake County parcel identifier numbers as follows:
PIN 0786554037 REID 0039195
PIN 0786349208 REID 0069748
PIN 0786349208 REID 0069748
PIN 0786308569 REID 0120280
PIN 0786620033 REID 0174292
PIN 0786512559 REID 0174293
PIN 0786421978 REID 0148763 (NCDOT land leased by Hanson),
The Property is further shown and described on the map attached hereto as Exhibit 1 -A.
fSKOI 1561.floc z )14
Hanson Crabtree Quarry Expansion - Page 301 of 318

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Hanson Crabtree Quarry Expansion - Page 302 of 318

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BEING that property and area located in Wake County, comprising 112.599 acres, more or less,
bounded on the east by Duraleigh Road (SR# 1664); on the south by property of the State of
North Carolina; on the west by that parcel owned now or formerly by the Hampton
Development Co. LLC (DB 11903, Page 91, WCR); and on the north by that property owned
now or formerly by CND Duraleigh Woods LLC (DB12929, P1482 WCR), being that property
described in Exhibit 3 of the referenced Settlement Agreement, and as further located and
described by the plat attached hereto as Exhibit 3 —A
REID 69748, and REID 0039195
EXHIBIT 3
Hanson Crabtree Quarry Expansion - Page 304 of 318

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EXISTING SITE ENTRANCE EXISTING CONCRETE SIDEWALK
TREE PLANTING; TD BE REMOVED. HARDENED TO FIE CONNECTED.
THREE ROWS OF LOW GROWING SURFACES TO BE OBLITERATED
TREES ANDIOR SHRUBS SHALL AND REMOVED. AREA TO BE
BE PLANTED IN A STAGGERED SEEDED AND GRASSED.
PATTERN TO PROVIDE VISUAL
SCREENING.
TREE PLANTING:
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Exhibit 7
BLASTING DAMAGE PROTECTION PROGRAM
This Blasting Damage Protection Program is for the benefit of and may be enforced by
persons owning structures within parameters set forth herein.
Notice of Claim
If the owner of any structure located within 2500 feet of any blasting at Crabtree Quarry
by Hanson Aggregates Southeast, LLC ("Hanson ") believes that such blasting has damaged such
structure they shall be entitled to arbitration of such claim at their election. The arbitration
program set forth herein shall be initiated by sending written notice of the claim to Hanson and
demanding arbitration. All written notices required by the above shall be sent to: Hanson
Aggregates Southeast, LLC, 2310 Parklake Drive, Suite 550, Atlanta GA 30345. Attention: Vice
President.
Protocol for Investigating Claims
After an owner files a claim, the following protocol will be followed:
I. On -site inspection of home
An on -site interview between an independent structural or blasting engineer and the homeowner
will take place to determine history of the structure and when problems first appeared. An initial
walk through of the structure with owner to identify major areas of concern will take place.
Video or digital image documentation of all observed structural and cosmetic cracks, separations
and distortions will be made. Documentation will include the interior and exterior of the
structure, including any attic, basement and crawl space. Crack widths, lengths and penetration
depths will be measured as deternuned by the inspector. Doors and windows will be checked for
functioning, floors checked for leveling and mitered corners checked for separations. A diagram
will be made showing the layout of the structure, on which the location of cracks will be noted.
2. On -site review of quarry blasting practices
The independent structural or blasting engineer will conduct an on -site interview with the quarry
manager to determine the quarry's blasting practices and procedures. A tour of the quarry with
the manager will be undertaken to see active blast areas and evaluate field conditions and
blasting practices. Blasting records for the past three years will be reviewed. All seismic records
in the surrounding community for the past three years will be reviewed and particularly those
from the time when the damage is alleged to have occurred. The validity of blasting permits will
be checked with the Fire Marshall along with the history of any violations. The quarry manager
shall make data requested by the blasting engineer with respect to blasting available.
3. Analyze information obtained
(SK00908.EDC 2 )
Hanson Crabtree Quarry Expansion - Page 313 of 318

The independent structural or blasting engineer will conduct a review of the digital images, video
and field notes pertaining to any pre -blast survey. The independent structural or blasting
engineer will undertake a review of the blast design parameters to verify if they were in
compliance with approved standards and will review all seismic data to assess whether they
exceeded any local ordinances, state, or federal regulations pertaining to the maximum allowable
legal limits. The distance from the structure to the blast zone as well as the distance from the
monitoring location will also be determined. The independent structural or blasting engineer will
review all seismic data to assess whether they exceeded the breaking strain of the weakest
structural member in the construction of the structure. This analysis will include a comparison of
the data against known governmental damage criteria for comparable structures. A final written
report will be prepared and sent to both the structure owner and Hanson.
4. Meeting with owner
Following the issuance of the report, the independent structural or blasting engineer will meet
with the owner of the structure to review the report. If it is determined that blasting is the cause
of the damage to the structure, Hanson will be responsible for the necessary repairs to the
structure. Once Hanson has had the opportunity to review the report it will contact the owner to
initiate the repair process. First, the owner and Hanson shall agree to the necessary repairs to be
made, based on the findings in the report. Then, the owner shall obtain three quotes from
licensed contractors to complete the repairs. Hanson and the owner shall agree on the contractor
to be hired. Hanson will be responsible for paying the repair bill, which shall not exceed the fair
market value of the home or structure.
If it is determined that the damage is not attributable to the blasting, the independent structural or
blasting engineer will explain to the owner the likely cause of the observed cracking. The
independent structural or blasting engineer may also make repair recommendations, if any are
necessary. In addition, the independent structural or blasting engineer will attempt to distinguish
between cosmetic issues and structural issues.
Arbitration Program
If the parties are unable to agree on a resolution of the claim, they shall select a qualified
engineering or blasting professional to arbitrate the claim. Neither Hanson nor the owner of the
structure shall be represented by counsel during the arbitration, unless the owner elects to be
represented by counsel, in which case Hanson may retain counsel, as well.
The arbitrator shall be entitled to award such damages to the owner as may be necessary
to complete the necessary repairs and to cover any other costs incurred by the owner to repair
any damage which the arbitrator attributes to blasting. If the arbitrator determines that the
damages are attributable to blasting by Hanson, Hanson shall pay all costs of the arbitration.
Otherwise, the cost of arbitration shall be split equally between the parties. In no event shall
Hanson be responsible for paying more for repairs than the then current market value of the
structure, assuming no blasting damage had occurred. .
Nothing herein shall require an owner to use the arbitration program.. However, should
an owner initiate the arbitration program, the arbitrator's decision shall be final and legally
binding.
(SK009958.DOC 2 )
Hanson Crabtree Quarry Expansion - Page 314 of 318

L 1{ "TWO,
♦ i ■
Crabtree Quarry Dust Control Guidance Plan
Facility Name: Crabtree Quarry
Facility Location: 5001Duraleigh Road, Raleigh NC 26612
Date: January 2013
1. INTRODUCTION
This document is intended to create and implement a written Dust Control Guidance
Plan to minimize dust emissions from fugitive sources at Crabtree Quarry, including
customer and plant haul roads and stockpiles.
Crabtree Quarry relied upon North Carolina Division of Air Quality's (NC DAQ)
generalized air dispersion modeling for rock quartzes which demonstrates compliance
with the ambient air quality standards for total suspended particulate (TSP) and
particulate matter with an aerodynamic diameter of less than 10 microns (PM -10).
The Dust Control Guidance Plan provides control methods that will be used at the
Crabtree Quarry to reduce fugitive dust emissions in a manner that is consistent with
the modeling. The plan has three components: dust emissions control methods;
application of dust emissions control methods at Crabtree Quarry; and staff training.
2 DUST EMISSIONS CONTROL METHODS
Every reasonable action will be taken to prevent the occurrence of excess fugitive
dust from any source that is likely to leave the property boundaries of Crabtree
Quarry. Preventive actions may include dust control, such as wet suppression, the use
of crusting agents, or the reduction or cessation of the activities creating the dust until
meteorological conditions improve.
Wet suppression, using water to control the generation of dust, is the predominate
method of suppressing dust emissions at Crabtree Quarry. By increasing the moisture
content, finer :materials agglomerate into larger particles. Increasing the moisture
content enables the production of finer materials, naturally or mechanically. Rainfall
serves the important function of naturally increasing the moisture content of unpaved
road surfaces and stockpiles. Moisture content can also be increased through the
mechanical application of water. The amount of water required to sufficiently control
emissions is dependent primarily on the characteristics of materials, ambient
conditions, and mining operation activities occurring in the area.
Hanson Crabtree Quarry Expansion - Page 315 of 318

If stockpiles of fine aggregates generate dust emissions on a regular basis then the use
of surface crusting agents may be employed. Crusting agents will create a solid
surface on the stockpile reducing the likelihood of dust being generated by wind
erosion. When used, crusting agents are re- applied every six months.
3 APPLICATION OF DUST ENHSSIONS CONTROL METHODS AT
CRABTREE QUARRY
Areas within the aggregate plant at Crabtree Quarry that have the potential to
generate non - process fugitive en- fissions include: the pit, roads, and stockpiles.
3.1. Pit
Fugitive emissions are generated in the pit during the loading of the raw
materials into hacks. Generally, the material being excavated in the pit has high
moisture content and fugitive dust emissions from these processes are inherently
low. If fugitive emissions are generated during loading, the shot rock in the
quarry will be wetted by the water truck.
3.2. Haul Roads
The Dust Control Guidance Plan addresses the two types of haul roads at the
Crabtree Quarry: Pit Haul Roads and Customer Haul Roads.
In general, haul roads are constructed of aggregate materials that have been
processed at the plant. Haul road emissions are generated by the disturbance of
dust caused by moving traffic.
3.2 -1. Pit Haul Roads are constructed of aggregate materials that have been
processed at the plant and are tmpaved. Haul road emissions are generated by the
disturbance of dust on the surface of the haul road caused by moving traffic.
These haul roads are only used by internal plant traffic. Haul road emissions are
controlled by regular use of the water truck to wet down the surface of the haul
road. The frequency of wetting of the haul roads is determined by daily weather
conditions and the volume of truck traffic. In hot, dry conditions, active roads
will be watered approximately every four hours. The roads will be watered
more frequently if fugitive dust emissions are visible.
3.2 -2. Customer Haul Roads support higher daily traffic rates than Pit Haul
Roads and consist of both paved and unpaved surfaces. The paved Customer
Haul Roads generally have the higher traffic volumes and do not generate
fugitive emissions. Both paved and unpaved Customer Haul Roads are wetted on
a regular basis to control fugitive dust emissions. The frequency of wetting of the
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haul roads is determined by daily weather and truck traffic conditions. In hot, dry
conditions, active roads will be watered approximately every four hours.
The roads will be watered more frequently if fugitive dust emissions are visible.
3.3 Processing Plant
The processing plant at Crabtree Quarry consists of a series of conveyors that
feed stone into crushers and screens before final sized products are stockpiled
33.1 Crushers — crushers are fitted with high pressure fine mist wet
suppression nozzles at the inlet and outlet to control the generation of dust. The
use of high pressure fine must nozzles ensure that the water is delivered in a fine
spray to agglomerate the dust rather than soaking the crusher discharge. Spray
nozzles are inspected on a regular basis to ensure they are operating correctly.
Any nozzle not working correctly is replaced immediately upon discovery.
3.3.2 Screens — Dry screens and scalping screens can be fitted with high
pressure fine mist wet suppression nozzles and the outlet to control the generation
of dust if needed. These screens are generally not fitted with spray nozzles as they
clog easily if the material is too wet. Carryover moisture from conveyor transfer
points to control dust functions to control dust on the screens. The use of high
pressure fine mist nozzles ensures that the water is delivered in a fine spray to
agglomerate.
3.3.3 Wash Screen — The wash screen is fitted with several banks of spray
nozzles designed to deliver a high volume of water to sufficiently wash the stone.
Once the stone is discharged from the wash screen no further dust control is
needed.
3.3.4 Conveyor Transfer Points — Several conveyor transfer points throughout
the processing plant are fitted with high pressure fine mist wet suppression
nozzles and the transfer point between two conveyors to control the generation of
dust. The use of high pressure fine mist nozzles ensures that the water is delivered
in a fine spray to agglomerate the dust. Spray nozzles are inspected on a regular
basis to ensure they are operating correctly. Any nozzle not working correctly is
replaced immediately upon discovery.
3.4 Stockpiles
Finished and partially processed stone products are stored in stockpiles
throughout the Crabtree Quarry. For the purposes of this Dust Control Guidance
Plan, stockpiles are split into two categories: washed stone and unwashed stone
stockpiles.
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3.4.1 Washed Stone Stockpiles — Dust emissions from washed stone stockpiles
may result from both wind erosion and material loading (i.e., mechanical
disturbance). Washed stone has been saturated with water prior to stockpiling,
which reduces the dust on the material surface and provides high moisture
content in the stockpiles. Thus, there is no need for additional dust control
measures.
3.4 --2. Unwashed Stone Stockpiles Unwashed stone includes surge material
from the primary crusher, rip rap, run of crusher, etc. Dust emissions from
unwashed stone stockpiles may result from wind erosion. Little or no dust
emissions are generated fiom material handling at these stockpiles as most
material handling is by conveyor using an enclosed conveyor drop. If the need
for additional controls arises the water truck is used to wet down the stockpiles.
4 STAFF TRAINING
All employees at Crabtree Quarry are responsible for ensuring that dust suppression
controls are in place and working at all times. As part of the routine safety and
environmental training program implemented at Crabtree Quarry, every employee
will be made aware of the Dust Control Guidance Plan. if it is found that the Dust
Control Guidance Plan is not working as designed it will be modified and re- issued.
A copy of the Dust Control Guidance Plan shall be maintained in the main office.
4
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