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HomeMy WebLinkAbout20240370 Ver 1_Heidelberg Materials Neverson Quarry IP (March 1, 2024)_20240301Neverson Quarry Expansion March 2024 Individual Permit Application S&EC, Inc. Project No. 13220 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY...............................................................3 2. ENGINEERING FORM 4345 / AGENT AUTHORIZATION ....................4 3. BLOCK SHEETS.........................................................................9 4. PUBLIC INTEREST FACTORS......................................................65 5. VICINITY MAPS.........................................................................71 6. NCDWR NEUSE BUFFER DETERMINATION..................................80 7. USACE JURISDICTIONAL DETERMINATION.................................85 8. ENDANGERED SPECIES REPORT & USFWS REVIEW...................90 9. ALTERNATIVES ANALYSIS.......................................................125 10. IMPACT MAPS.........................................................................135 11. NEUSE BUFFER RELOCATION & MONITORING PLANS................143 12. MITIGATION PLAN....................................................................150 13. NCSAM — Stream Z, Section Z1...................................................159 Executive Summary Heidelberg Materials Southeast Agg LLC (Heidelberg Materials) is a North Carolina licensed corporation and subsidiary of Heidelberg Materials. Heidelberg Materials operates eight (8) aggregate quarries in North Carolina, including the Neverson Quarry located in Wilson County, NC. Heidelberg Materials is in the process of expanding their Neverson Quarry. The quarry expansion will occur in two phases. The first phase will relocate a portion of Stream Z from its current location to along the southern most property line. Stream Z is currently a straight trapezoidal channel that was created in the early 1990's to allow for pit expansion during that time. While verified to be a jurisdictional, perennial tributary, it was determined to be of low quality and not subject to the 50' Neuse Buffers as it's not approximately shown on either the USGS or Soil Survey maps. The second phase of the expansion project will include the relocation of Stream F along the western most property line and the removal of wetlands and the majority of the open water pond to allow for pit expansion to the west. A berm will be constructed within the upper end of the pond to maintain offsite water levels and to allow for water from Stream F to flow to Stream Z. Neuse Buffers will be relocated/established along the west side of the newly relocated Stream F as described in the attached Neuse Buffer relocation plan. Total impacts proposed for both phases of this expansion project will be 1.403 acres of permanent wetlands impacts, 0.08 acres of temporary wetlands impacts, 2,040 If of permanent stream impacts, 112 If of temporary stream impacts, 6.17 ac of permanent open water (pond) impacts, and 225,758 sf of Neuse Buffers (of which 49,463 sf will be relocated). Heidelberg Materials will provide mitigation as described in the attached Mitigation Plan for all impacts resulting in losses of wetlands, streams, and Neuse Buffers. Mitigation will be satisfied by purchase of mitigation credits from available private mitigation banks and the balance from the N.C. Division of Mitigation Services (DMS). Mitigation credits will be purchased in phases consistent with the phased impacts. 3 ENGINEERING FORM 4345 & AGENT AUTHORIZATION U.S. Army Corps of Engineers (USACE) Form Approved - APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB No. 0710-0003 33 CFR 325. The proponent agency is CECW-CO-R. ._............— Expires: 01-08-2018 The public reporting burden for this collection of information, OMB Control Number 0710-0003, is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or burden reduction suggestions to the Department of Defense, Washington Headquarters Services, at,&t s.mc- le bx.dd dod-inior tion-coilections.m il.mil. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR APPLICATION TO THE ABOVE EMAIL. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332 Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. System of Record Notice (SORN). The information received is entered into our permit tracking database and a SORN has been completed (SORN #A1145b) and may be accessed at the following website: htto://dpcld.defe^ se: gQyrF r :•rc; 5r t: if sr.-�Ot7-wi¢P-S ftQ�N-ArtilVteo;kl1 to STjr 45 ,: ;, •. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 13 DATE RECEIVED 14. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - Mary Ann Middle - Last - Hoerle First - Bob Middle - Last - Zarzecki Company - Heidelberg Materials Southeast Aggregate, LLC Company - Soil & Environmental Consultants, Inc. (S&EC) E-mail Address-maryann.hoerle@heidelbergmaterials.com E-mail Address-bzarzecki@sandec.com 6 APPLICANT'S ADDRESS: 9. AGENT'S ADDRESS: Address- 3825 Barrett Drive, Suite 300 Address- 8412 Falls of Neuse Road, Suite 104 City - Raleigh State - NC Zip - 27609 Country -USA City - Raleigh State - NC zip - 27615 Country -USA 7. APPLICANT'S PHONE NOs. w/AREA CODE 10. AGENTS PHONE NOs. w/AREA CODE a. Residence b. Business c. Fax a. Residence b. Business c. Fax N/A (919)357-6695 (919)467-0116 N/A (919)846-5900 (919)846-9467 STATEMENT OF AUTHORIZATION 11 I hereby authorize, S&EC to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit appl tion. l ti 1 lz4 SIGNATURE OF APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Neverson Quarry Expansion 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Millstone Creek Address 7725 Neverson Road 15. LOCATION OF PROJECT Latitude: -N 35.763309 Longitude: -W-78.077041 City - Sims State- NC Zip- 27880 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID Multiple Municipality Sims Section - N/A Township - N/A Range - N/A ENG FORM 4345, MAY 2018 PREVIOUS EDITIONS ARE OBSOLETE. Page 3 of 1 17. DIRECTIONS TO THE SITE From the USACE Raleigh Regulatory Field Office (in Wake Forest, NC), take Rogers Road southeast to Rolesville, rum left onto Hwy 401 business north, to Hwy 401 north, right onto NC-96 south, to Hwy 64 east in Zebulon, to Hwy 264 east, to Exit 11 / NC-581 south to Bailey, turn left onto Hwy 264-Alt east, travel approximately 2.4 miles east and turn right onto Neverson Road, cross over the rail road tracks and the quarry entrance will be on left. All visitors must check in at the quart' office, complete site specific safety training, and be escorted while on site by an authorized Heidelberg Materials employee. Please contact S&EC if you would like to visit the site. 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 ANDlOR 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, MAY 2018 Page 3 of 2 24. Is Any Portion of the Work Already Complete? Yes � No IF YES, DESCRIBE THE COMPLETED WORK None of the proposed work requested in this application has been completed. The quarry is existing and has been in operation well prior to the Clean Water Act with the initial issue date for a Mine Permit on 7/20/1972. Site improvements were made in the early 1990's by the Nello L. Teer Company to include the relocation of Stream Z to it's current location and rip -rap lined channel configuration. 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (Ifmore than can be entered here, please attach a supplemental list). a. Address- *See attached "Block 25" City - State - Zip - b. Address - City - State - Zip - c. Address - City - State - Zip - d. Address - City - State - Zip - e. Address - City - State - Zip - 26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL" IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER NCDEQ-DEMLR Mine Permit 98-02 2023-06-28 NCDEQ-DEMLR NPDES-COC NCG020234 2021-07-01 NCDEQ-DWR CCPCUA Permit CU3029 2023-07-18 NCDEQ-DAQ Air Permit 025721124 2024-02-06 Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I turthpr certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the app� t. 2 IGNATURFO APPI_ C Ar J ATE OF AGENT DATE The Application must be signed by the person who desires to undertake undertake activity (appl'lca ) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within thejurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, MAY 2018 Page 3 of 3 7 Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec.com PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: Heidelben., Materials — Neverson fi uarrN S&EC Project #13220 Date: 2023-2024 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Bill,, Standrid:_,e + or assLned r USACE Regulatory Field Office: Washington, NC I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives 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: Site Address: 7225 Neverson Road, Sims, Wilson County. NC Lat/Long: 35.763309/-78.077041 Area: +/- 302 acres PIN(s): 2773347709.9;_2773521885.2773126901.2773142556.2773157022,2773347099.2773254258 Watershed: Millstone Creek. 27-86-6-1. C:NSW. Neuse 03020203-0402 PROPERTY OWNER INFORMATION: Name: Heidelberg Materials Southeast Agg, LLC (Attn: Mary Ann Hoerle, Environmental Manager) Address: 3825 Barret Drive, Suite 300, Raleigh, NC 27609 Phone: (919) 380-2601 Email: man ann.hoerlci a heidelbergrllaterials.com Pf Am Ay -Li lat r- . Nui,2o&KULU l w(FILL 11 lu 11(7?3 Property Owner (please pri t) M Alcqf Date Property C�vner Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. 0 BLOCK SHEETS BLOCK 18 — Nature of Activity Heidelberg Materials is in the process of expanding their Neverson Quarry. The existing pit will be expanded to the southwest and west, two streams will be relocated along the property boundaries, an overburden storage pile will be constructed in the southeastern portion of the property and an associated temporary haul road. The quarry expansion will occur in two phases. The first phase will relocate Stream Z along the southern most property line. Stream Z is currently a straight trapezoidal channel that was created in the early 1990's to allow for pit expansion during that time. While verified to be a jurisdictional, perennial tributary, it was determined to be of low quality and not subject to the 50' Neuse Buffers as it's not approximately shown on either the USGS or Soil Survey maps. This relocation will allow for the expansion of the existing pit to the south as depicted on the attached plans. A temporary haul road will be constructed to allow for the construction of the new overburden storage pile to the southeast. The second phase of the expansion project will include the relocation of Stream F along the western most property line and the removal of wetlands and the majority of the open water pond to allow for pit expansion to the west. A berm will be constructed within the upper end of the pond to maintain offsite water levels and to allow for water from Stream F to flow to Stream Z. Neuse Buffers will be relocated/established along the west side of the newly relocated Stream F as described in the attached Neuse Buffer relocation plan. Total impacts proposed for both phases of this expansion project will be 1.403 acres of permanent wetlands impacts, 0.08 acres of temporary wetlands impacts, 2,040 If of permanent stream impacts, 6.17ac of permanent open water (pond) impacts, and 112 If of temporary stream impacts, 225,758 sf of Neuse Buffers (of which 49,463 sf will be relocated). These impacts are discussed in further detail in Block Sheet 22 10 BLOCK 19 — Proposed Project Purpose Heidelberg Materials Southeast Agg LLC (Heidelberg Materials) is a North Carolina licensed corporation and subsidiary of Heidelberg Materials. Heidelberg Materials operates eight (8) aggregate quarries in North Carolina, including the Neverson Quarry located in Wilson County, NC. The expansion plan addresses all phased (Phases 1 & 2) stream, wetland, open water and Neuse Buffer impacts under a single Individual Permit Application. If approved, this permit would allow Heidelberg Materials to continue to provide crushed stone products for public and private construction projects in the Wilson County and surrounding market area of North Carolina, as well as to continue to supply the Morehead City Sales Yard as described in the attached Alternatives Analysis. 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 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 project (i.e., highways, water and sewer systems, public buildings, airports and other county and municipal public works projects). Basic Project Purpose: The basic project purpose is to mine aggregates to meet market demands. Water Dependency Determination: The project is not water dependent. Overall Project Purpose: The overall project purpose is to provide for the continued operation of the existing Neverson Quarry by expanding the existing pit to provide mined aggregates to the surrounding market area as well as the Morehead City Sales Yard. 11 BLOCK 20 — Reasons for Discharge The reason for the requested discharges to jurisdictional waters is to expand the existing pit, as detailed in the attached impact exhibits and tables. Please refer to the attached "Alternatives Analysis" prepared by Heidelberg Materials, which provides a detailed explanation of the following alternatives; • Alternative 1 (Off -Site Locations), • Alternative 2 (On -Site Avoidance -Existing Pit), • Alternative 3 (Minimization Plan — Eastern Pit Mine Plan), • Alternative 4 (Minimization Plan — Western Pit Plan (PROPOSED)) These alternatives were reviewed for the four (4) factors deemed necessary to meet the project purpose and need. These factors include: (1) Reserves — Adequate tonnage for confirmed market participation; (2) Production Logistics — Established production plant and related infrastructure; (3) Sales Logistics — Established sales infrastructure; and (4) Morehead City Sales Yard — Sales Yard would continue to be economical to provide needed aggregates to the coastal Morehead City market area. As depicted in the Altneratives Analysis Summary table (attached), only Alternative 4 (Minimization Plan — Western Pit Plan (PROPOSED)) would allow for the expansion of the existing pit and operations to yield the necessary reserves to continue operations at the quarry (anticipated to be for approximately the next 42 years based on anticipated market demands). 12 BLOCK 21 — Type of Material Being Discharged and the Amount of Each Type in Cubic Yards WETLAND IMPACT TABLE Wetland Type of Material Volume of Impact Type of Impact Type of Wetland Being Discharge Site Number Discharged (cubic yards) ** Total Wetlands Excavation removal w/n pit resulting from pit Riparian n/a 0 expansion area expansion Total Wetlands w/n overburden storage area Fill Riparian Fill +/-354 (W11) Total Discharge Volume (Cubic yards) +/-354 STREAM IMPACT TABLE Type of Volume of Stream Impact Perennial Material Discharge Site Number Stream Name Type of Impact Intermittentt?? Being (cubic (Indicate on map) Discharged yards) ** Total Streams w/n Excavation removal Pit Expansion Streams F & Z1 resulting from pit Perennial Excavation 0 Area expansion Total Discharge Volume (cubic yards) 0 * Areas are rounded up to the nearest square yard. ** Volumes are rounded up to the nearest cubic yard and assume wetlands to be 0.333 yards deep and do not account for discharge materials above this 0.333-yard assumed depth. Note: Excavations not involving the discharge of material and temporary impacts not included in the table above. 13 BLOCK 22 — Surface Areas of Wetlands and Other Waters Filled WETLAND IMPACT TABLE Wetland Impact Type of Wetland Located within Distance to Area of Impact .- .forested, 1 00-year Nearest Site Number Impact marsh, herbaceous, Floodplain Stream (acres) (indicate on map) ... , etc.) (yes/no) (linear feet) Fill — Phase 1 - W8 Temporary Riparian No 0' 0.08 Haul Road Fill — Phase 1 - W11 Overburden Riparian No > 10' 0.22 Storage Phase 2 - LW1 Excavation - Riparian (Linear) No > 10' 0.003 Pit Expansion Phase 2 — W2-W3 Excavation - Riparian No 0' 0.98 Pit Expansion Phase 2 — W5 Excavation - Riparian No > 500' 0.20 Pit Expansion Total Wetland Impact (acres) 1.403 (permanent) 0.08 (temporary) *AI I impacts have been rounded up to the nearest 1/1000 of an acre. ** Proposed temporary impacts for construction of road crossings STREAM IMPACT TABLE Stream Impa Average Stream Area of NumberPerennial (indicate on map) Name .- .Impact or Before Impact Impact Length Impact Pit Expansion - Phase 1 — Stream Z UT Stream Relocation - Perennial 91 1,438 0.29 Permanent Phase 1 — Stream Z UT Road Crossing- Perennial 12' 112 0.03 Temporary Pit Expansion Stream Phase 2 — Stream F UT Relocation - Perennial 7.5' 602 0.1 Permanent Total Stream Impact (by length and acreage) 2,040 (permanent) 0.42 112 (temporary * All impacts have been rounded up to the nearest 1/1000 of an acre. ** Proposed temporary impacts for construction of road & utility crossings 14 OPEN WATER IMPACT TABLE Open Water Located within Distance to Area of Impact Type of 100-year Nearest Impact Site Number Impact Floodplain Stream (acres) (indicate on map) (yes/no) (linear feet) . • Pit Expansion Diversion :- D. Total Open Water Impact (acres) *All impacts have been rounded up to the nearest 1/1000 of an acre. ** Proposed temporary impacts for construction of road crossings NEUSE BUFFER IMPACTS EXISTING POND AREA A EXISTING POND AREA B EXISTING POND/STREAM F EXISTING POND OVERLAP 01 15 EXISTING POND OVERLAP 02 STREAM F *Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. JURISDICTIONAL IMPACT SUMMARY 16 BLOCK 23 — Description of Avoidance, Minimization, and Compensation The attached alternatives analysis provided by Heidelberg Materials and referenced in Block 20 of this application provides a detailed description of efforts made both off -site and on -site to avoid and minimize impacts. The total jurisdictional WOTUS within the mine property include 4,5561f of streams (not including stream B which runs along the eastern boundary), 3.97 acres of wetlands, and 9.72 acres of open water. The "Alternative 4 (Western Pit Plan (PROPOSED)" requested in this application would avoid impacts to 2,5161f of streams and create an additional 3,276 of relocated stream channel for a net gain of 1,236 1f of jurisdictional stream channel. It will also avoid impacts to 1.513 acres of wetlands and 3.55 acres of open waters. Unavoidable impacts to jurisdictional waters are necessary however for the proposed pit expansion project. The total permanent impacts requested include 2,040 1f of streams and 1.403 acres of wetlands. Additionally, the application requests impacts to 225,758 sf of Neuse Buffers. Impacts were minimized by relocating Stream Z (existing length of 1,438 If, proposed relocated length of 2,118 If) and Stream F (existing length of 602 1f, proposed relocated length of 1,158 If) feet of stream channel. These relocations will result in an increase of 1,2361f of stream length. Neuse Buffers totaling 49,463 sf are also being relocated along the east bank of the relocated Stream F. Please refer to the attached Mitigation Plan for a detailed description of the proposed mitigation to compensate for project impacts. To compensate for the permanent impacts to streams and wetlands, 2,642 feet of stream mitigation credits and 2.806 acres of wetland mitigation credits are proposed to be purchased for the project. Additionally, to compensate for loss of Neuse Buffers, the project proposes to purchase 427,834.5 sf of riparian buffer mitigation credits. All mitigation credits will be purchased first from private mitigation banks with available credits and any balance will be purchased from the N.C. Division of Mitigation Services (DMS). Statement of availability letters have been provided from EcoTerra (mitigation banker) and DMS for the full amount of anticipated mitigation. 17 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. BLOCK 25 — Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody. The following table includes the addresses of all property owners to the Neverson Quarry property. This table corresponds with the associated adjacent properties map included within the maps section of this application. 19 );!)§;/5N'N 331:TN881 (:G/7(EE/: :P\ MM ):\\\\\\::\::\\\\\\u<uuuu\:::\\:\\: %g<u <u Iwo[e ) \[[/&7)§< )oo2m EHH§\\/)}/\\j//E/)§$/k/§§E; ((/(§§§§=,:4:f „ :�f§44:;-l:®:!: 0}o \((\)::2:®\�\99��\\\\�(��\�\�� \§§§§§............§§§§§§[[( ;==a=== ::::::::/:/:::::::::�::��_ k - 4 224.1 ® ( ;: 7 \ \) (( \)§� ! < ( =: / { k� \\ u \\\ \ _ / \_ §(/\§§())<);k§)\//:§\_!:\ƒ§{()(:\ 4244 }k .k/\::«!l/»»2§\:!/!\\@!§!!k !)a!§§§§m:m4{/[:»<&&:=e!!l�2-1->� ■:a:::&&::e�!@:<\[zz2:;r�2!!:<:�:< §§\\`§\j)}\/:://:/GAG:®:$§\E\\\ _- \§; \©\«((`;!�`«.®)®~®~ [ \\ee °\ \) \,w._«w,w__52» mil &a»m»a -Nil #»q -Ni q»##» -Al #mq BLOCK 26 — Information about Approvals or Denials by other Agencies. All permits below are either currently active or have been applied for and awaiting approval. No permits have been or are anticipated to be denied. North Carolina Department of Environmental Quality (NCDEQ), Division of Energy, Mineral and Land Resources (DEMLR) • Mine Permit Modification (No. 98-02) • NPDES General Permit No. NCG020000 Certification of Coverage No. NCG020234 North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources (DWR) • 401 Water Quality Certification • Neuse Buffer Authorization Certificate • Central Coastal Plain Capacity Use Area (CCPCA) Permit NO. CU3029 North Carolina Department of Environmental Quality (NCDEQ), Division of Air Quality D( AQ) • Air Permit No. 02572R24 / Facility ID# 9800071 US Fish & Wildlife Service (FWS), Endangered Species Act (ESA) Concurrence • S&EC T&E Report Attached along with FWS concurrence, pending 404 application review 22 ROY COOPER Governor ELIZABETH S. BISER Secretary DOUGLAS R. ANSEL Interim Director Certified Mail Return Receipt Requested 7022 0410 0003 1130 6833 Ms. Mary Ann Hoerle Heidleberg Materials Southeast Agg LLC 3825 Barrett Drive, Suite 300 Raleigh, NC 27609 Re: NORTH CAROLINA Environmental Quality June 28, 2023 Permit # Project Name County River Basin Re ion ?)-13 Lexington Quarry _4 Davidson Yadkin PeeDee Winston Salem 32-01 Durham Quarry Durham Ncllse Raleigh 32-07 North Durham Quarry Durham Neuse Raleigh 33-13 Rock Mount ll Quarry Ed,_,ccombe I ar-Pamlico Raleigh 41-21 PG Farm Mine Guilford Cape Fear Winston Salem 43-01 Senter Mine I-larnell Cape Fear 1'avetteville GardnerQL1arrI IIarllett Cll7e Peal' I'il�elteVllle Princeton It Quarry Johnston Neuse Raleiu)h 43-08 51-05 68-06 North Orange Quarry Orange Neuse Raleigh Neuse - -? Raleigh 92-02 Raleigh Quarr 'Wake 92-03 Crabtree Quarry %Vake Neuse R"llci<ah 92-13 I-Ioll� Sprints Qtui ry Wake C'apc Fear - Ralei��h 98-02 Neverson Quarry %Filson Noise Raleigh 98-13 Elm City Quarry Wilsotl Tar -Pamlico Raleigh Dear Ms. Hoerle: Your request to have the corporate name changed on the above referenced mining permits from Hanson Aggregates Southeast LLC to Heidelber�t Materials Southeast Agg LLC is hereby approved. As we have received the required surety in an amount sufficient to cover these operations, I am enclosing updated mining permits. The permit number, expiration date and mine name shall remain the same as before this corporate name change. Please attach this approval letter to your existing mining permit(s) for future reference. Please review the cover sheets carefully and notify this office of any objections, questions or corrections that may need to be addressed. ��PEQI_A wpannw.n a .nN oueiy� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 21699-1612 919.707,9200 23 Certified Mail 7022 0410 0003 1130 6833 Ms. Hoerle Page 2 Thank you for your cooperation in this matter. If you should have any questions, please contact Adam Parr PE, Assistant State Mining Engineer, at (919) 707-9220. S!!n!cepjrX4y, avid Miller, PE State Mining Engineer DMlap Enclosures cc: Mr. Bill Denton, PE — DEMLR, Raleigh Regional Office Ms. Tamera Eplin, PE — DEMLR, Winston Salem Regional Office Mr. Tim LaBounty, PE — DEMLR, Fayetteville Regional Office Mr. Mike Lawyer — DEMLR, Stormwater Program Mr. Beau Thomas — DOL, Mine and Quarry Bureau 24 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Heidelberg Materials Southeast Agg LLC Neverson Quarry Wilson County - Permit No. 98-02 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. 25 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications November 1, 1991: This permit has been modified to allow the onsite remediation of petroleum contaminated soils in accordance with the requirements and regulations promulgated by the Groundwater Section of the Division of Water Quality. September 4. 1992: This permit has been modified to allow the construction of the new office complex and to allow the expansion of the pit, in accordance with the Mine Plans dated February 6, 1992 and revised June 2, 1992. 26 December 4 1992: This permit has been modified to include an additional 62 acres adjacent to the southeast property boundary to be used for a new settling basin area. The modification allows the filling of the existing settling pond to increase an additional stockpile area and associated sediment and erosion control measures for the creek crossing and new settling pond construction as indicated on the Mining Plan, Sheets MP-1 and S & E C-1, dated June 23, 1992 and revised September 1992 and supplemental information dated November 18, 1992. April 27, 1995: This permit has been modified to change the corporate name from Nello L. Teer Company to Benchmark Carolina Aggregates, Inc. May 21, 1999: This permit has been modified to change the corporate name from Benchmark Carolina Aggregates Inc. to Hanson Aggregates Carolina Inc. July 22, 1999: This permit has been modified to add 30.5 acres to the permitted acreage at this site and affect 25.2 additional acres, which includes the construction of a new entrance, additional screening berm, and the installation of the associated sediment and erosion control measures, as indicated on the mine maps dated February 1999. In addition, this modification clarifies the overall permitted and affected acreage at this site. March 19, 2002: This permit has been modified to change the corporate name from Hanson Aggregates Carolina Inc. to Hanson Aggregates Southeast Inc. December 4 2003: This permit has been modified to increase the affected acreage to 173.7 acres to add a sediment basin for the Pond Fines and Overall Storage Area as indicated on the Overburden and Pond Fines Disposal Plan dated April 22, 2003 and supplemental information last revised September 2003. October 26, 2009: This permit has been modified to change the corporate name from Hanson Aggregates Southeast Inc. to Hanson Aggregates Southeast LLC. August 19, 2014: This permit has been modified to increase the affected acreage at this site to 219.0 acres as indicated on the Mining and Erosion Control Plan Map dated May 2104. This modification includes the expansion into the Soil Borrow Area located within the existing southeastern permit boundary, the construction of a new entrance from Flat Rock Road to accommodate the borrow area and the installation and maintenance of all associated erosion and sediment control measures. December 1 2017: This permit has been issued for the life of site or the duration of the lease term. June 14, 2018: This permit has been modified to clarify the depth of the maximum and average mining depth to 520 feet below the natural ground surface and 300 feet below mean sea level as indicated on the Typical Cross Sections Sheet X-1 received June 13, 2018. June 28, 2023: This permit has been modified to change the corporate name from Hanson Aggregates Southeast LLC to Heidelberg Materials Southeast Agg LLC. 27 Page 4 This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-209 and has no expiration date. However, all provisions of GS 74-51 and GS 74-52 still apply for new, transferred and modified mining permits. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: KQ:ImaIIN,remelilzII]N�I�7�F'� 1. Wastewater and Quarry Dewatering A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. The permanent access (plant entrance) road shall be paved a minimum of 600 feet from its junction with Neverson Road. 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 PIQ Page 5 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 received June 13, 2018 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. D. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All mining activities, including those associated with the expansion into the Soil Borrow Area, the construction of the entrance along Flat Rock Road and the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mining and Erosion Control Plan Map dated "May 2104" (sic) and supplemental information received by the Land Quality Section on December 3, 2013, May 23, 2014 and July 2, 2014. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mining and Erosion Control Plan Map received June 13, 2018 and the supplemental information received May 11, 2018. D. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be 29 planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit expansion conducted after September 4, 1992 shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after September 4, 1992. C. All fill slopes shall be graded to a minimum of 2 horizontal to 1 vertical or flatter slope and vegetated. 7. Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration with Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. 30 C. 2-0 s_3 u yy pp 4 0:9 � O_T 0.6 Al o_.a 0 3 � 0.2 is 0.1 10.0 1.0 1.60p G-9 �.T ►. s r_a 1_a /.3 1.2 BEsssc VibraLEoes Franc% se =V. "= i=igwne T .4itBmativ6r bfasti�ag 1@vsl cr7teria (Sou�ice moclifrsa►fror» rgvrEs B-T_ SutW'arf cffl9ir7as RT49aO71 Ground Vibration without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/DS)2 Ds = D W1/2 V = 160(Ds)-l.6 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. 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, Measurinq System, in Hz in dBL 31 Page 8 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 D. 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 (dBQ: U = 82 (DW-33)-1-2 P = 20 x log (U/2.9x10-9) Confined Air blast/Overpressure (dBL) for quarry situation: U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). 'P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blastioverpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until 32 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. Flyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Division of Energy, Mineral and Land Resources' Regional Office prior to any blast during a period for which notice is requested. K. High Air Blast Protection A drill log shall be kept, burden shall be checked and setbacks shall be used for all shots. 01 2. Toe shots shall be covered and shot separately from production shots. 3. The face of the mine shall be turned from the north to east into the quarry instead of towards the residential area. 4. All top level shots shall be videotaped. 5. Blast plugs shall be used, where applicable. 6. Shots that have problem geology shall be laser profiled and the front row shall be boretracked. This data shall be carefully evaluated by the blaster - in -charge. 9. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 20 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 Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms shall be located and constructed as shown on the Mining and Erosion Control Plan Map received June 13, 2018. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit ME! Page 11 area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy, Mineral and Land Resources, Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral, and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral, and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met: 1. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. 2. Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. 3. No used, clean concrete material shall be permanently disposed of onsite. 061 Page 12 4. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off -site. 13. Annual Reclamation Report and Annual Operating Fee Submittal An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be submitted to the Department by September 1 of each year until reclamation is completed and approved for release by the Department. 14. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $1,000,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. 99 Page 13 The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards as Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 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: 37 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 E. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Seeding Schedule on the Details Sheet last revised July 2, 2014 and the soil amendments outlined in Revegetation Plan submitted with the December 3, 2013 renewal request. 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. [c1:3 Page 15 This permit, issued July 20, 1972, renewed February 23, 1982, modified November 1, 1991, renewed and modified September4, 1992, modified December4, 1992, April 21, 1995, May 21, 1999, June 22, 1999 and March 19, 2002, renewed and modified December 4, 2003, modified October 26, 2009, renewed and modified October 26, 2009, and modified December 1, 2017, and June 14, 2018, is hereby modified this 28th day of June, 2023 pursuant to G.S. 74-52. -*,- A By: Douglas R. Ansel, Interim Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality K61 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO, NCG020000 CERTIFICATE OF COVERAGE No NCG020234 STORMWATER DISCHARGES AND WASTEWATER DISCHARGES 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 wastewater treatment system(s) and discharge stormwater and/or wastewater (as per original approval or subsequent modifications), from a facility located at: Hanson Aggregates - Neversozi Quarry Old US 264 Bailey Wilson County to receiving waters designated as Millstone Creek, class QNSW waters in the Neuse River Basin(s), in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in General Permit No. NCG020000 which can be downloaded by entering "_deq.nc.gov/_SW-industrial" in the browser window and navigating to the "NPDES Stormwater General Permits" web page. This certificate of coverage shall become effective July 1, 2021. This Certificate of Coverage shall remain in effect for the duration of the General Permit. for Brian Wrenn Director, Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission M NC Division of Energy, Mineral and Land Resources NPDES Stormwater Permit Summary NC DEMLR has the following, information in our Permit Database for %our s;err►eit Rs of 7/19/?021. Permit Number: NCG020234 Permit Status: Active Permit Type: Mining Activities Stormwater Discharcie COC Facility Name: Hanson Aggregates - Neverson Quarry Facility Addressl: Old US 264 Facility Address2: City, State & Zip: Bailey, NC 27807 Owner Information Details: MUST submit a Change of NamelOwnership form to DEMLR to make any changes to this Owner information. ,Qic*HemfbrjChan a ofName Ownershi "Form Owner Name: Hanson Aggregates Southeast LLC Owner Type: Non -Government Owner Type Group: Or,anization. *** Legally Responsible for Permit *** (Responsible corporate officer/principle executive officer or ranking elected official/general partner or proprietor, .Pr person with delegated signatory authority from the legally responsible person.) Owner Affiliation: Scott Dickson Title: President Addressl: 3237 Satellite Blvd Bldg 300 Ste 210 Address2: City, State & Zip: Duluth. GA 30096 Work Phone: 770-491-2757 Fax: 770-491-2788 Email Address: scott.dickson@lehighhanson.com *** Permit Annual Fee Billing *** Billing Month: December Invoice Number Invoice Date Invoice Due Date Invoice Amount Invoice Status ;Owner Contact Person(s) Contact Name Title Address Phone Fax Email Scott Dickson 3237 Satellite Blvd Bldg 300 Ste 210, 770-491-2757 770-491-2788 scott.dickson@lehi Duluth GA 30096 nhhanson.com Facility Contact Person(s) Contact Name Title Address Phone Fax Email John Wakefield PO Box 458, Bailey, NC 27807 252-235-4162 252-235-4090 john.wakefield@lehi ❑hhanson.com Permit Contact Person(s) Contact Name Title Address Phone Fax Email Jack Garvey 3825 Barrett Dr Ste 300, Raleigh, NC 919-380-2746 919-380-2616 jack.garvey@lehighh 27609 anson.com e`29/202: Pace 1 41 NC Division of Energy, Mineral and Land Resources NPDES Stormwater Permit Summary NC DEMLR has t9/2021. Permit Billing Contact(s) Qntact Name Title Address Phone Fax Email Jack Garvey 3825 Barrett Dr Ste 300, Raleigh, NC 919-380-2746 919-380-2616 jack.garvey@lehighh 27609 anson.com Oerson(s) with Delegated Signatory Authority lype Contact Name Title Address Phone Person(s) with Electronic Signature Authority Twe Contact Name Title Address Outfalls Phone Fax Email Fax Email Outfall #: 001 Outfall Description: Millstone Creek Outfall Lattitude: 35.7638.90 Outfall Longitude:-78.083330 Represented by Outfall: % Stormwater: 50 % Industrial: 50 Basin Neuse Waterbody Name Millstone Creek Stream Index Number 27-86-6-1 Waterbody Classification QNSW 7/29/2021 42 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality July 18, 2023 Ms. Mary Ann Hoerle CERTIFIED MAIL Heidelberg Materials Southeast Agg., LLC — Neverson Quarry RETURN RECEIPT REQUESTED 3825 Barrett Drive Suite 300 7022 0410 0003 1046 8068 Raleigh, NC 27609 9590 9402 6135 0209 232122 Subject: CCPCUA Permit No. CU3029 for Heidelberg Materials Southeast Agg., LLC — Neverson Quarry in Wilson County Dear Ms. Hoerle: In accordance with your application dated June 8, 2023, and associated documentation, we are forwarding Permit No. CU3029 for water use in the Central Coastal Plain Capacity Use Area in Wilson County. This permit allows for the withdrawal of water for the purpose of mine dewatering. Enclosed with this package are forms DWR CCPCUA-4 and DWR CCPCUA-6. Form DWR CCPCUA-4 is for reporting water withdrawals, in accordance with Sections I. C. and IV. A. of your permit. Form DWR CCPCUA-6 is for reporting ground water levels, in accordance with Sections II. B. and IV. B. of your permit. If you are not already doing so, DWR requests you submit your monthly water withdrawal and water level information using our online system. By doing so you will not need to mail the Division a signed hard copy. The CCPCUA online permit renewal application, water withdrawal and levels reporting forms are at: http://www.ncwater.org/CCPCUAreportonline If you do not have internet access then please make as many copies as necessary and send forms on a monthly basis to the address on the top of the forms. This permit is effective from the date of issuance until September 30, 2028, and is subject to the conditions and/or limitations contained therein. In order for this permit to continue uninterrupted, please apply for permit renewal at least three (3) months before the expiration date. Sincerely, Gabrielle Chianese, Branch Head Ground Water Management Branch Division of Water Resources 43 North Carolina Environmental Management Commission Department of Environmental Quality Permit For The Withdrawal And Use Of Water In The Central Coastal Plain Capacity Use Area In accordance with the provisions of Part 2, Article 21 of Chapter 143, General Statutes of North Carolina as amended, and any other applicable Laws, Rules and Regulations, Permission Is Hereby Granted To Heidelberg Materials Southeast A}�regates LLC — Neverson Quarry FOR THE Withdrawal and Use of Water in Wilson County, North Carolina in accordance with the grantee's application dated June 8, 2023, and any supporting data submitted with the application, all of which are filed with the Department of Environmental Quality and are considered part of this Permit. This Permit shall be effective from the date of its issuance until Se tember 30.2028 and shall be subject to the specified conditions and/or limitations contained in Sections I - X of this Permit. Permit issued this the ... 18 " _ _ day of July 2023 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION BY Richard E. Rogers, k. Director, Division of Water Rt By Authority of the Secretary of the Department of Environmental Quality PERMIT #CU3029 Page 1 of 5 CCPCUA Water Use Permit #CU3029 for Heidelberg Materials Southeast Agg., LLC — Neverson Quarry I. WITHDRAWALS A. USE This Permit allows the withdrawal of water for the purpose of mine dewatering. B. RATES OF WITHDRAWALS The maximum quantity of water that may be withdrawn from the Bedrock aquifer shall not exceed 1,644,480 gallons per day (GPD). C. SOURCE(s) OF WITHDRAWALS Ground Water Source(s): Withdrawals shall be made from one sump in the Bedrock aquifer. D. MONITORING OF WITHDRAWALS Withdrawals from each source, whether well or sump, shall be measured by an approved metering device equipped with a totalizing indicator, and having an accuracy within plus or minus five percent. II. WATER LEVELS A. MAXIMUM DRAWDOWN LEVELS 1. Pump intakes for the sump(s) shall not be set more than 520 ft below land surface (elevation of -300 ft Mean Seal Level) without prior approval of the Division of Water Resources. 2. In the event that data from the permitted wells or other wells within the zone influenced by pumping of the permitted wells indicates a deterioration of quality or quantity in surrounding aquifers or the source aquifer, an alternate maximum pumping level may be established by the Division of Water Resources. B. MONITORING OF WATER LEVELS 1. The pumpig water level of the pit shall be measured once a month when dewatering activities are taking place onsite: a. by a steel or electric tape from a fixed reference point, or by using the air -line method b. within accuracy limits of plus or minus one percent, c. just prior to shutting off the pump, or after sufficient time of pumping, so that a maximum drawdown may be obtained, and d. during the last planned pumping day of the month, or within the last five days of the month. Page 2 of 5 45 CCPCUA Water Use Permit #CU3029 for Heidelberg Materials Southeast Agg., LLC — Neverson Quarry 2. The static water level of the pit well shall be measured once a month if no dewatering activities are taking place onsite: a. by a steel or electric tape from a fixed reference point, or by using the air -line method b. within accuracy limits of plus or minus one percent, c. after the pump is shut off for approximately 12 hours, and d. within the last five days of the month. 3. Unused supply wells or other suitable wells that may be available shall be monitored when such monitoring is specified by the Division of Water Resources and when pertinent to observation or evaluation of the effects of withdrawals made under this permit. III. OTHER PROVISIONS A. WELL CONSTRUCTION APPROVAL A Well Construction Permit shall be required prior to the construction of any well that will be used to withdraw any portion of the water regulated under this Permit. Application for these permits must be submitted to the Raleigh Regional Office, Water Quality Regional Operations Section, 1628 Mail Service Center • Raleigh, NC 27699-1628. A copy of the Well Construction record (GW-1) shall be submitted to the Division of Water Resources' CCPCUA program and the Water Quality Regional Operations Section within 30 days upon completion of the well construction. B. ACCESS TO FACILITIES The Environmental Management Commission and employees of the Department of Environmental Quality shall have reasonable access to areas owned and under control of the permittee for observation and inspection of water use and related facilities pertinent to the provisions of this permit and other regulations. IV. REPORTS REQUIRED A. WITHDRAWALS Monthly reports of daily withdrawal totals from each well or sump shall be furnished to the Division no later than 30 days after the end of each calendar month. B. WATER LEVELS Water level measurements for each supply well shall be measured in accordance with Condition 11. B. 1. of this permit and submitted to the Division not later than 30 days after the end of the calendar month in which the measurement was taken. Page 3 of 5 CCPCUA Water Use Permit /tCU3029 for Heidelberg Materials Southeast Agg., LLC — Neverson Quarry V. MODIFICATION OR REVOCATION A. MODIFICATION 1. The Permittee must notify the Director of any proposed major changes in usage and apply for a modification of the permit for such changes or for any revisions of the terms of this permit. 2. The Director may modify the terms of the permit, after 60 days written notice to the permittee, if he finds that the terms of the permit and/or the resulting water use are found to be contrary to the purposes of the Water Use Act of 1967 or contrary to public interest or having an unreasonably adverse effect upon other water uses in the capacity use area. Modifications may include, but are not limited to, requirements for alternate pumping levels or the collection, analysis, and reporting of ground or surface water quality samples. B. REVOCATION The Director may revoke the permit if he finds that: 1. the Permittee has violated the terms of the permit; or 2. the terms of the Permit and/or the resulting water use are contrary to the purpose of the Water Use Act of 1967 or contrary to the public interest or having an unreasonably adverse effect upon other water uses in the capacity use area and cannot be cured by modification; or 3. the Permittee made false or fraudulent statements in the application for the water use permit; or 4. water withdrawn under the terms of the permit is used for purposes other than those set forth in the permit. VI. CONSTRUCTION OF PERMIT A. The terms and conditions shall not be construed to relieve the Permittee of any legal obligation or liability, which it owes or may incur to third parties as the result of the conduct of its operations in conformity with this Permit. B. When under the terms hereof, any provision of this Permit requires approval of the Department or becomes effective at the discretion of the Department, the notice of approval or the exercise of such discretion shall be evidenced by written instrument issued by the Department. C. The terms and conditions of this Permit shall not be construed as a limitation of the powers, duties, and authority vested in the Environmental Management Commission or any other State, Federal, or local agency, or any applicable laws hereafter enacted. Page 4 of 5 47 CCPCUA Water Use Permit #CU3029 for Heidelberg Materials Southeast Agg., LLC — Neverson Quarry VII. ADDITIONAL CONDITIONS A. This Permit shall be subject to any limitations or conditions in other State permits, including but not limited to permits required pursuant to North Carolina General Statutes § 143-215.1. B. Issuance of this Permit shall have no bearing on subsequent State decision(s) regarding any other water use or other permit application(s) submitted or which may be submitted by the Permittee, its successors or assigns. C. Compliance with the terms and conditions in this permit does not relieve the permittee of compliance with any provision, now in force or hereafter enacted or promulgated, of the Water Use Act of 1967, the regulations promulgated thereunder, or any other provision of State law. VIII. PENALTIES Violations of the terms and conditions of this Permit are subject to penalties as set forth in North Carolina General Statutes § 143-215.17. IX. PERMIT NONTRANSFERABLE Water Use Permits shall not be transferred except with approval of the Environmental Management Commission. X. RENEWAL OF PERMIT The Permittee, at least three (3) months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. Page 5 of 5 m u a w m m O LL J N a c J o _E U �i cc lO v R L zNa a a � N }' 0 a (� C W O O L 0 (0 _ $ w Z y .E o C W ai E W m CO u- OL L T Q d y� C � � T N N N `LLR J U T m tj a E CO c CL Qj ,V [I- Q o E o — Z cc s c o 0).2 Q) Z o — C .p DT.7 T 3 m > 0 Q c� C U o co z .0 + ' U)0 V N N O CL Z U 0 C y m N (AN v to m N Q LL J � J Q CL C 01 E C > i= t! z QIr N 0 a -.7NW. CO 0 IL N 0 IL > 3 " o w m m m co C O LL R N J v C R J F G y m N 0 a e s 0 N O M E Q °' m U N EL Um Q' y > H � 2 2 � § � 2 k m � k 0 : � O � § Ecl _ o \ t 2 7 w \ £ 0 E \ > k \ 2 cc 0 ECL / ƒ o co \ \ 0 p ¥ / 2 2 = z \ k � .. 0 & � � 2 � � § » � � § � � b $& $$ J� t / \ £ o § E CL o $ B . > co , CY) ; n . . . . . . / . . J � ) 2 k ] . . . ( . k 70 rL \ � � ) ® } E (.n r w 0�_ «- 2-� m n e o_ - §a ._ n n N n n ( , m ( v m e o 3 o o o , J o v o k o v.o o 2 2 o o mo o f R cl A A R a CM3 E { . k J & ROY COOPER a STATE Governor ELIZABETH S. BISER Secretary • �-, �_ - l`b=r MICHAEL A. ABRACZINSKAS NORTH CAROLINA Director Environmental (duality February 6, 2024 Mr. Daren McMorris NC Operations Manager Heidelberg Materials Southeast Agg LLC 3825 Barrett Drive Suite 300 Raleigh, NC 27609 Subject: Air Permit No. 02572R24 Heidelberg Materials Southeast Agg LLC - Neverson Quarry Sims, Wilson County, North Carolina Permit Class: Small Facility ID# 9800071 Dear Mr. McMorris: In accordance with your completed application received December 21, 2023, we are forwarding herewith Permit No. 02572R24 to Heidelberg Materials Southeast Agg LLC - Neverson Quarry, Sims, Wilson County, North Carolina for the construction and operation of air emissions sources or air cleaning devices and appurtenances. If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to file a petition for contested case hearing in the North Carolina Office of Administrative Hearings. Information regarding the right, procedure, and time limit for permittees and other persons aggrieved to file such a petition is contained in the attached "Notice Regarding the Right to Contest a Division of Air Quality Permit Decision." Unless exempted by a condition of this permit or the regulations, construction of new air pollution sources or air cleaning devices, or modifications to the sources or air cleaning devices described in this permit must be covered under a permit issued by the Division of Air Quality prior to construction. Failure to do so is a violation of G.S. 143-215.108 and may subject the Permittee to civil or criminal penalties as described in G.S. 1.43-215.114A and 143- 215.114B. This permit shall be effective from February 6, 2024 until January 31, 2032, is nontransferable to future owners and operators, and shall be subject to the conditions and limitations as specified therein. Changes have been made to the permit stipulations. The Permittee is responsible for carefully reading the entire permit and evaluating the requirements of each permit stipulation. The Permittee shall comply with all terms, conditions, requirements, limitations North Carolina Department of Environmental Quality I Division of Air Quality Raleigh Regional Office 13800 Barrett Drive I Raleigh, NC 27609 u`dr msrstnw:r��n,-i.uFEe�a_919.791.4200 T I 919.881.2261 F 51 Heidelberg Materials Southeast Ago, LLC - Neverson Quarry February 6, 2024 Page 2 and restrictions set forth in this permit. Noncompliance with any permit condition is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or for denial of a permit renewal application. Specific changes and additions are summarized below (note: this list may not include all changes and additions): • Updated condition 2D .0202, Permit Renewal and Emission Inventory Requirement, to reflect the new expiration date and emission inventory submittal calendar year. Should you have any questions concerning this matter, please contact Rex Gallegos at 919-791- 4279 or rex.gallegos@deq.nc.gov. Sincerely, Dawn L. Reddix, Regional Supervisor Division of Air Quality, NC DEQ RWG Enclosures c: Laserfiche 52 NOTICE REGARDING THE RIGHT TO CONTEST A DIVISION OF AIR QUALITY PERMIT DECISION Right of the Permit Applicant or Permittee to File a Contested Case: Pursuant to NCGS 143- 215.108(e), a permit applicant or permittee who is dissatisfied with the Division of Air Quality's decision on a permit application may commence a contested case by filing a petition under NCGS 150B-23 in the Office. of Administrative Hearings within 30 days after the Division notifies the applicant or permittee of its decision. If the applicant or permittee does not file a petition within the required time, the Division's decision on the application is final and is not subject to review. The filing of a petition will stay the Division's decision until resolution of the contested case. Right of Other Persons Aggrieved to File a Contested Case: Pursuant to NCGS 143- 215.108(el), a person other than an applicant or permittee who is a person aggrieved by the Division's decision on a permit application may commence a contested case by filing a petition under NCGS 150B-23 within 30 days after the Division provides notice of its decision on a permit application, as provided in NCGS 150B-23(f), or by posting the decision on a publicly available Web site. The filing of a petition under this subsection does not stay the Division's decision except as ordered by the administrative law judge under NCGS 15013-33(b). General Filing Instructions: A petition for contested case hearing must be in the form of a written petition, conforming to NCGS 150B-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church Road, Raleigh NC, 27609, along with a fee in an amount provided in NCGS 150B-23.2. A petition for contested case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at https://www.oah.nc.gov/hearings-division/filing/heating-forms. Additional specific instructions for filing a petition are set forth at 26 NCAC Chapter 03. Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means authorized under 26 NCAC 03 .0102, on the process agent for the Department of Environmental Quality: William F. Lane, General Counsel North Carolina Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 If the party filing the petition is a person aggrieved other than the permittee or permit applicant, the party must also serve the permittee in accordance with NCGS 150B-23(a). Additional information is available at https://www.oah.nc.gov/hearings-division/hearing- process/filing-contested-case. Please contact the OAH at 984-236-1850 or oah.postmaster@oah.nc.gov with all questions regarding the filing fee and/or the details of the filing process. 53 Page intentionally left blank 54 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF AIR QUALITY AIR PERMIT NO. 02572R24 Issue Date: February 6, 2024 Effective Date: February 6, 2024 Expiration Date: January 31, 2032 Replaces Permit: 02572R23 To construct and operate air emission source(s) and/or air cleaning device(s), and for the discharge of the associated air contaminants into the atmosphere in accordance with the provisions of Article 21 B of Chapter 143, General Statutes of North Carolina (NCGS) as amended, and other applicable Laws, Rules and Regulations, Heidelberg Materials Southeast Agg LLC - Neverson Quarry 7225 Neverson Road Sims, Wilson County, North Carolina Permit Class: Small Facility ID# 9800071 (the Permittee) is hereby authorized to construct and operate the air emissions sources and/or air cleaning devices and appurtenances described below: Emission Emission Source Control Control System Source ID Description System ID Description Non -Metallic Mineral Processing Plant utilizing water suppression with no other control device, including: ES -Crusher (NSPS) crushing operations N/A N/A ES -Screening (NSPS) screening operations N/A N/A ES -Conveying (NSPS) conveying operations N/A N/A in accordance with the completed application 9800071.23B received December 21, 2023, including any plans, specifications, previous applications, and other supporting data, all of which are filed with the Department of Environmental Quality, Division of Air Quality (DAQ) and are incorporated as part of this permit. This permit is subject to the following specified conditions and limitations including any TESTING. REPORTING, OR MONITORING REQUIREMENTS: 55 Permit No. 02572R24 Page 2 A. SPECIFIC CONDITIONS AND LIMITATIONS 1. Any air emission sources or control devices authorized to construct and operate above must be operated and maintained in accordance with the provisions contained herein. The Permittee shall comply with applicable Environmental Management Commission Regulations, including Title 15A North Carolina Administrative Code (NCAC), Subchapter 2D .0202, 2D .0510, 2D .0521, 2D .0524 (40 CFR 60, Subpart 000), 2D .0535, 2D .0540, 2D .0605 and 2D .1806. 2. PERMIT RENEWAL AND EMISSION INVENTORY REQUIREMENT - The Permittee, at least 90 days prior to the expiration date of this permit, shall request permit renewal by letter in accordance with 15A NCAC 2Q .0304(d) and (f). Pursuant to 15A NCAC 2Q .0203(i), no permit application fee is required for renewal of an existing air permit (without a modification request). The renewal request (with application Form A) should be submitted to the Regional Supervisor, DAQ. Also, at least 90 days prior to the expiration date of this permit, the Permittee shall submit the air pollution emission inventory report (with Certification Sheet) in accordance with 15A NCAC 2D .0202, pursuant to N.C. General Statute 143 215.65. The report shall be submitted to the Regional Supervisor, DAQ and shall document air pollutants emitted for the 2030 calendar year. 3. PARTICULATE CONTROL REQUIREMENT -As required by 15A NCAC 213.0510 "Particulates from Sand, Gravel, or Crushed Stone Operations," the following requirements apply: a. The Permittee of a sand, gravel, recycled asphalt pavement (RAP), or crushed stone operation shall not cause, allow, or permit any material to be produced, handled, transported, or stockpiled without taking measures to reduce to a minimum any particulate matter from becoming airborne to prevent exceeding the ambient air quality standards beyond the property line for particulate matter, both PMIo and total suspended particulates. b. Fugitive dust emissions from sand, gravel, RAP, or crushed stone operations shall be controlled by 15A NCAC 2D .0540 "Particulates from Fugitive Dust Emission Sources." c. The Permittee of any sand, gravel. RAP. or crushed stone operation shall control process -generated emissions: i. From crushers with wet suppression (excluding RAP crushers); and ii. From conveyors, screens, and transfer points such that the applicable opacity standards in 15A NCAC 2D .0521 Control of Visible Emissions," or 15A NCAC 2D .0524 "New Source Performance standards" are not exceeded. 56 Permit No. 02572R24 Page 3 4. VISIBLE EMISSIONS CONTROL REQUIREMENT - As required by 15A NCAC 2D .0521 "Control of Visible Emissions," visible emissions from the emission sources, manufactured after July 1, 1971, shall not be more than 20 percent opacity when averaged over a six -minute period, except that six -minute periods averaging not more than 87 percent opacity may occur not more than once in any hour nor more than four times in any 24-hour period. However, sources which must comply with a visible emissions standard in 15A NCAC 2D .0524 "New Source Performance Standards" or .I 110 "National Emission Standards for Hazardous Air Pollutants" shall meet that standard instead of the 2D .0521 visible emissions standard. 5. 15A NCAC 213.0524 "NEW SOURCE PERFORMANCE STANDARDS" - For the nonmetallic mineral processing equipment (wet material processing operations, as defined in 60.671, are not subject to this Subpart) including the emission sources, the Permittee shall comply with all applicable provisions, including the notification, testing, reporting, recordkeeping, and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 2D .0524 "New Source Performance Standards" (NSPS) as promulgated in 40 CFR 60, Subpart 000, including Subpart A "General Provisions." a. NSPS Reporting Requirement - In addition to any other notification requirements to the Environmental Protection Agency (EPA), the Permittee is required to NOTIFY the Regional Supervisor, DAQ, in WRITING, of the following: i. The actual date of initial start-up of an affected facility, postmarked within 15 days after such date. b. NSPS Emissions Limitations - As required by 15A NCAC 2D .0524 [40 CFR 60.672], the following permit limits shall not be exceeded: For affected facilities that commenced construction, modification, or reconstruction after August 31, 1983, but before April 22, 2008 (wet material processing operations, as defined in 60.671, and Like -For -Like -Replacement, as allowed in 60.670(d), are not subject to this Subpart): Affected Facility Pollutant I Emission Limit Crushers 15% opacity Visible Fugitive emissions from conveyor belts, Emissions 10% opacity screening operations, and other affected facilities ii. For affected facilities that commenced construction, modification, or reconstruction on or after April 22, 2008 (wet material processing operations, as defined in 60.671, and Like -For -Like -Replacement, as allowed in 60.670(d), are not subject to this Subpart): Affected Facility Pollutant Emission Limit Crushers 12% opacity _ Visible Fugitive emissions from conveyor belts, o Emissions 7 /o opacity screening operations, and other affected facilities 57 Permit No. 02572R24 Page 4 c. NSPS Monitorin, Requirements - As required by 15A NCAC 2D .0524 [40 CFR 60.674], the following monitoring shall be conducted: i. For any affected facility that commenced construction, modification, or reconstruction on or after April 22, 2008, that uses wet suppression to control emissions (Like -For -Like -Replacement, as allowed in 60.670(d), is not subject to this Subpart), the Permittee shall: A. Perform monthly periodic inspections to check that water is flowing to discharge spray nozzles in the wet suppression systems. B. Initiate corrective action within 24 hours and complete corrective action as expediently as practical if the Permittee finds that water is not flowing properly during an inspection of the water spray nozzles. d. NSPS Recordkeehinu, Requirements -As required by 15A NCAC 2D .0524 [40 CFR 60.676], the following recordkeeping requirements shall be conducted: Each inspection of the water spray nozzles, including the date of each inspection and any corrective actions taken, shall be recorded in a logbook (in written or electronic form). ii. The logbooks (in written or electronic form) shall be maintained on -site and made available to DAQ personnel upon request. e. NSPS Performance Testini� -As required by 15A NCAC 2D .0524, the following performance tests shall be conducted: Affected Facility Pollutant Test Method Crushers Fugitive emissions from conveyor belts, screening Visible Method 9 operations, and other affected facilities Emissions i. All performance tests shall be conducted in accordance with EPA Reference Methods, contained in 40 CFR 60, Appendix A. ii. The EPA Administrator retains the exclusive right to approve equivalent and alternative test methods, continuous monitoring procedures, and reporting requirements. iii. Within 60 days after achieving the maximum production rate at which the affected facility(s) will be operated, but not later than 180 days after the initial start-up of the affected facility(s), the Permittee shall conduct the required performance test(s) and submit two copies of a written report of the test(s) to the Regional Supervisor, DAQ. W Permit No. 02572R24 Page 5 iv. The Permittee shall be responsible for ensuring, within the limits of practicality, that the equipment or process being tested is operated at or near its maximum normal production rate or at a lesser rate if specified by the Director or his delegate. V. All associated testing costs are the responsibility of the Permittee. vi. The Permittee shall arrange for air emission testing protocols to be provided to the DAQ prior to testing. Testing protocols are not required to be pre - approved by the DAQ prior to testing. The DAQ shall review testing protocols for pre -approval prior to testing if requested by the Permittee at least 45 days before conducting the test; and vii. To afford the Regional Supervisor, DAQ, the opportunity to have an observer present, the Permittee shall PROVIDE the Regional Office, in WRITING, at least 7 days' notice of any required performance test(s) that involve only Method 9. All other tests require a 30-day notice. viii. When determining compliance with the visible emissions limit from fugitive emissions from crushers, conveyor belts, screening operations, and other affected facilities (as described in 60.672(b) or 60.672(e)(1)), the duration of the Method 9 test must be 30 minutes (five 6-minute averages). Compliance with the fugitive visible emissions limits must be based on the average of the five 6-minute averages. ix. For any affected facility that commenced construction, modification, or reconstruction on or after April 22, 2008, that does not use wet suppression to control emissions, the Permittee shall repeat the performance tests within five (5) years of the previous test. A. If an affected facility relies on water carryover from upstream wet suppression to control fugitive emissions, then that affected facility is exempt from the 5-year repeat testing requirement provided that the Permittee conducts periodic inspections of the upstream wet suppression that is responsible for controlling fugitive emissions from the affected facility and designates which upstream wet suppression systems will be periodically inspected at the time of the initial performance test. f. Like -For -Like -Replacement - As provided in 40 CFR 60.670(d), when an existing facility is replaced by a piece of equipment of equal or smaller size, as defined in 40 CFR 60.671, having the same function as the existing facility, and there is no increase in the amount of emissions, the new facility is exempt from the provisions of 40 CFR 60.672, 60.674, and 60.675 except as provided for in 60.670(d)(3). The Permittee shall comply with the reporting requirements of 40 CFR 60.676(a). Equipment covered under 40 CFR 60.670 shall comply the requirements of 15A NCAC 2D .0521. 59 Permit No. 02572R24 Page 6 6. NOTIFICATION_REOUIREMENT -As required by 15A NCAC 2D .0535, the Permittee of a source of excess emissions that last for more than four hours and that results from a malfunction, a breakdown of process or control equipment or any other abnormal conditions, shall: a. Notify the Director or his designee of any such occurrence by 9:00 a.m. Eastern time of the Division's next business day of becoming aware of the occurrence and describe: the name and location of the facility, ii. the nature and cause of the malfunction or breakdown, iii. the time when the malfunction or breakdown is first observed, iv. the expected duration, and V. an estimated rate of emissions. b. Notify the Director or his designee immediately when the corrective measures have been accomplished. This reporting requirement does not allow the operation of the facility in excess of Environmental Management Commission Regulations. 7. FUGITIVE DUST CONTROL REQUIREMENT - As required by 15A NCAC 2D .0540 "Particulates from Fugitive Dust Emission Sources," the Permittee shall not cause or allow fugitive dust emissions to cause or contribute to substantive complaints or excess visible emissions beyond the property boundary. If substantive complaints are received or excessive fugitive dust emissions from the facility are observed beyond the property boundaries for six minutes in any one hour (using Reference Method 22 in 40 CFR, Appendix A), the owner or operator may be required to submit a fugitive dust plan as described in 2D .0540(t). "Fugitive dust emissions" means particulate matter that does not pass through a process stack or vent and that is generated within plant property boundaries from activities such as: unloading and loading areas, process areas stockpiles, stock pile working, plant parking lots, and plant roads (including access roads and haul roads). 8. QUARRY EQUIPMENT REPORTING -As required by 15A NCAC 2D .0605, the Permittee shall maintain on -site an equipment list and a plant (or flow) diagram of all equipment covered under this permit. a. The equipment list shall include the following information for each piece of equipment: i. A description of equipment including applicability of New Source Performance Standards, and: A. Width of belt conveyors, Be] Permit No. 02572R24 Page 7 B. Dimensions and configuration (e.g., triple deck) of screens, and C. Rated capacity (tons or tons/hr) of all nonmetallic mineral processing equipment. ii. A unique ID number. iii. The date the equipment was manufactured. iv. The dates any required performance testing was conducted and submitted to the Regional Supervisor, DAQ. b. The equipment list and plant (or flow) diagram shall bear the date when the current list and diagrams were revised. c. The Permittee shall provide documentation to the Regional Supervisor, DAQ, for any required performance testing within seven days of a written request. d. Notwithstanding General Conditions and Limitations titled "Equipment Relocation" and "Reporting Requirement," the Permittee may install new and relocate existing nonmetallic mineral processing equipment. The Permittee shall provide written notification to the Regional Supervisor, DAQ, including a revised equipment list and plant (or flow) diagram, each time nonmetallic mineral processing equipment is installed or relocated at a facility. This notification shall be submitted at least 15 days before the equipment is installed or relocated at the facility unless otherwise approved by the Director. Nonmetallic mineral processing equipment includes all crushers, screens, conveyors, and loadout bins. 9. CONTROL AND PROHIBITION OF ODOROUS EMISSIONS - As required by 15A NCAC 2D .1806 "Control and Prohibition of Odorous Emissions" the Permittee shall not operate the facility without implementing management practices or installing and operating odor control equipment sufficient to prevent odorous emissions from the facility from causing or contributing to objectionable odors beyond the facility's boundary. 61 Permit No. 02572R24 Page 8 B. GENERAL CONDITIONS AND LIMITATIONS 1. In accordance with G.S. 143-215.108(c)(1), TWO COPIES OF ALL DOCUMENTS, REPORTS. TEST DATA. MONITORING DATA. NOTIFICATIONS. REQUESTS FOR RENEWAL. AND ANY OTHER INFORMATION REQUIRED BY THIS PERMIT shall be submitted to the: Regional Supervisor North Carolina Division of Air Quality Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 919-791-4200 For identification purposes, each submittal should include the facility name as listed on the permit, the facility identification number, and the permit number. 2. RECORDS RETENTION REOUIREMENT - In accordance with 15A NCAC 2D .0605, any records required by the conditions of this permit shall be kept on site and made available to DAQ personnel for inspection upon request. These records shall be maintained in a form suitable and readily available for expeditious inspection and review. These records must be kept on site for a minimum of 2 years unless another time period is otherwise specified. 3. ANNUAL FEE PAYMENT - Pursuant to 15A NCAC 2Q .0203(a), the Permittee shall pay the annual permit fee within 30 days of being billed by the DAQ. Failure to pay the fee in a timely manner will cause the DAQ to initiate action to revoke the permit. 4. EQUI_PMENT RELOCATION - In accordance with 15A NCAC 2Q .0301, a new air permit shall be obtained by the Permittee prior to establishing, building, erecting, using, or operating the emission sources or air cleaning equipment at a site or location not specified in this permit. 5. REPORTING REQUIREMENT - In accordance with 15A NCAC 2Q .0309, any of the following that would result in previously unpermitted, new, or increased emissions must be reported to the Regional Supervisor, DAQ: a. changes in the information submitted in the application regarding facility emissions. b. changes that modify equipment or processes of existing permitted facilities; or c. changes in the quantity or quality of materials processed. If appropriate, modifications to the permit may then be made by the DAQ to reflect any necessary changes in the permit conditions. In no case are any new or increased emissions allowed that will cause a violation of the emission limitations specified herein. 6. In accordance with 15A NCAC 2Q .0309, this permit is subject to revocation or modification by the DAQ upon a determination that information contained in the application or presented in the support thereof is incorrect, conditions under which this permit was granted have changed, or violations of conditions contained in this permit have occurred. In 62 Permit No. 02572R24 Page 9 accordance with G.S. 143-215.108(c)(1), the facility shall be properly operated and maintained at all times in a manner that will effectuate an overall reduction in air pollution. Unless otherwise specified by this permit, no emission source may be operated without the concurrent operation of its associated air cleaning device(s) and appurtenances. 7. CHANGES NOT REQUIRING PERMIT REVISIONS - Pursuant to 15A NCAC 02Q .0318, changes to the facility that are not exempt pursuant to 15A NCAC 02Q .0102 may be allowed without first modifying an applicable air permit if the change(s) meet(s) the requirements of 15A NCAC 02Q .0318(b)(1) through (b)(5) and the owner or operator notifies the Director in writing, using forms provided by the Division, seven calendar days before the change is made. Within 10 business days of receipt of the notice, the Division shall notify the owner or operator of its determination of whether the change(s) meet(s) the requirements of 15A NCAC 02Q .0318(b)(1) through (b)(5). 8. In accordance with G.S. 143-215.108(c)(1), this permit is nontransferable by the Permittee. Future owners and operators must obtain a new air permit from the DAQ. 9. In accordance with G.S. 143-215.108(c)(1), this issuance of this permit in no way absolves the Permittee of liability for any potential civil penalties which may be assessed for violations of State law which have occurred prior to the effective date of this permit. 10. In accordance with G.S. 143-215.108(c)(1), this permit does not relieve the Permittee of the responsibility of complying with all applicable requirements of any Federal, State, or Local water quality or land quality control authority. 11. In accordance with 15A NCAC 2D .0605, reports on the operation and maintenance of the facility shall be submitted by the Permittee to the Regional Supervisor, DAQ at such intervals and in such form and detail as may be required by the DAQ. Information required in such reports may include, but is not limited to, process weight rates, firing rates, hours of operation, and preventive maintenance schedules. 12. A violation of any term or condition of this permit shall subject the Permittee to enforcement pursuant to G.S. 143-215.114A, 143-215.11413, and 143-215.114C, including assessment of civil and/or criminal penalties. 13. Pursuant to North Carolina General Statute 143-215.3(a)(2), no person shall refuse entry or access to any authorized representative of the DAQ who requests entry or access for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties. Refusal of entry or access may constitute grounds for permit revocation and assessment of civil penalties. 14. In accordance with G.S. 143-215.108(c)(1), this permit does not relieve the Permittee of the responsibility of complying with any applicable Federal, State, or Local requirements governing the handling, disposal, or incineration of hazardous, solid, or medical wastes, including the Resource Conservation and Recovery Act (RCRA) administered by the Division of Waste Management. 63 Permit No. 02572R24 Page 10 15. PERMIT RETENTION REQUIREMENT - In accordance with 15A NCAC 2Q .0110, the Permittee shall retain a current copy of the air permit at the site. The Permittee must make available to personnel of the DAQ, upon request, the current copy of the air permit for the site. 16. CLEAN AIR ACT SECTION 112(r) REQUIREMENTS - Pursuant to 15A NCAC 2D .2100 "Risk Management Program," if the Permittee is required to develop and register a risk management plan pursuant to Section 112(r) of the Federal Clean Air Act, then the Permittee is required to register this plan with the USEPA in accordance with 40 CFR Part 68. 17. GENERAL EMISSIONS TESTING AND REPORTING REQUIREMENTS - If emissions testing is required by this permit, or the DAQ, or if the Permittee submits emissions testing to the DAQ in support of a permit application or to demonstrate compliance, the Permittee shall perform such testing in accordance with 15A NCAC 2D .2600 and follow all DAQ procedures including protocol approval, regional notification, report submittal, and test results approval. Additionally, in accordance with 15A NCAC 2D .0605, the Permittee shall follow the procedures for obtaining any required audit sample and reporting those results. Permit issued this the 6th of February 2024. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Dawn L. Reddix Regional Supervisor By Authority of the Environmental Management Commission Air Permit No. 02572R24 Public Interest Factors 65 Vicinity Maps 71 s 2 ' O y� F HR15 Rh 7C `-ti Mc FROAY RO Legend USGS The National Map: National Boundaries Dataset, 3DEP Elevation g Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and. Neverson Property National Transportation Dataset; USGS Global Ecosystems; U.S. Census 0 Bureau TIGER/Line data; USFS Rodd'D'ata; Natural Earth Data; U.S. Department of State Humanitarian Information Unit; and NOAA National Wilson County Boundary Centers for Environmental Information, U.S. Coastal Relief Model. Data refreshed June, 2020. Project Number: Map Title: N 13220.W6 0 2,000 4,000 Project Manager: Figure 1- USGS Map I i i i I i i i I BZ Neverson Quarry Feet Scale: 1" = 2000' Wilson County, NC • Soil & Environmental Consultants, Inc. Date: Source: 01/25/2024 USGS National Map L o F B �� " 01 1 FuB 1 W a s, E Legend L d N G3 Neverson Property • . ��, � ��, ��, � Project Number: Map Title: N 13220.W6 0 1,000 2,000 Project Manager: Figure 2- Soil Survey Map I I I I I I BZ Neverson Quarry Feet Scale: Wilson County, NC 1" = 1000' • Soil & Environmental Consultants, Inc. Source: Date: .,,._...m 01/25/2024 Soil Survey Sheet No. 8 (inset) Legend Project Boundary F—AFreshwater/Forested Shrub Wetland Riverine Freshwater Pond 4, M- WIN /,—NC Center for Geographic Information &Analysis Project Number: 13220.W6 Map Title: NWI Map 0 1,500 3,000 N Project Manager: I I I I I I I I I BZ Neverson Quarry Feet Scale: Sims, NC A I 1 = 1500' Soil & Environmental Consultants, Inc. Date: Source: USFWS National . ....... .. 1 01/25/2024 1 Wetlands Map Legend Evaluation Area Survey Only and Blockface Survey Only - �! A t IF A ; —17 fA 1624 Si ntral 3usin... H ------- wron House, L1600 osseyPeeleHouse L 1 qWWW" Aff- 10 J 1W RV, Y�s 15' t' ­7 r6p h ic nforrnaflbn�& Analysis C, eon, Mte Wrf TW 6-09 Project Number: 13220.W6 Map Title: 0 1,500 3,000 N Project Manager: NC SHPO Map I I I I I I BZ Neverson Quarry, Feet Scale: Sims, NC A 1 1500' Soil & Environmental Consultants, Inc. Source: V�. 1.1, 0" 11 "PI) - -1 Date: 01/25/2024 HPOWEB 2.0 'Z Legend Evaluation Area - High Intensity Low Intensity Cultivated Managed Herbaceous Cover Evergreen Shrubland Deciduous Shrubland - Mixed Shrubland Bottomland Forest/Hardwood Swamps - Southern Yellow Pine Mixed Hardwoods/Conifers - Water Bodies - Unconsolidated Sediment Project Number: 13220.W6 Project Manager: BZ Scale: 1 " = 1000' Date: 01 /25/2024 Map Title: Vegetative Land Map Neverson Quarry, Sims, NC Source: NC CGIA 0 N 0 1,000 2,000 Feet Soil & Environmental Consultants, Inc. 03020203030 Legend Evaluation Area j 12 Digit Hydrologic Unit Boundary Streams 030202030104 � ��n�per Creek C;NSw Project Number: 13220.W6 Project Manager: BZ Scale: 111 = 2500' Date: 01 /25/2024 V Map Title: Source: 030202030401 Watershed Map Neverson Quarry, Sims, NC NCDWR/DEQ 030202030402 Millstone Creek N 0 2,500 5,000 Feet Soil & Et-vironmclltal Consultants, Inc. NCDWR Neuse Buffer Determination Letter Ell ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Hanson Aggregates Southeast 3520 Piedmont RE Ste 410 Atlanta, GA 30305 NORTH CAROLINA Environmental Quality May 6, 2020 Subject: Buffer Determination Letter RRO #20-107 Wilson County Determination Type: Buffer Intermittent/Perennial ® Neuse 05A NCAC 2B .0233) ❑ Tar -Pamlico 05A NCAC 2B .0259) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) E]Jordan (I5A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name; Hanson Neverson Quarry AddressiLocation: 7225 Neverson Road, Sims. NC 27880 Stream(s): Millstone Creek Determination Date: 5/5/2020 Staff: Rick Trone Feature E/I/PO) Not t2) Subject Subject Start @ Stop @ Soil Surve USGS To o A E X Throughout project area X B I/P X DWR Flag Q plastic pipC Outside project area X X E X Throughout project area X X D X Within project area X i X E X Within project area X X F P X Throughout project area X X G NP X Not present X Pond I X Throughout project area X X Pond 5 NP X Not present X (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, NIA=Not Applicable (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. 4 JUE North Carolina Department of Environmental Quality i Division of Water Resources Raleigh Reglonal Office 3800 Barrett Drive 11628 Mall Service Center I Raleigh, North Carolina 27699-1628 919, 791.4200 a Hanson Neverson Quarry Wilson County 5.5. 2020 Page 2 of 2 Explanation: The stream(s).`pond(s) listed above has been located on the most recent published NRCS Soil Survey of Wilson County, North Carolina and/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 to not be an intermittent stream, perennial stream, a pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked "Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer rules. There may be other streams located on the property that are not depicted on the maps referenced above and are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B, and may be considered jurisdictional according to the US Army Corps of Engineers. 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 may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski, DWR — 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEr, etc.): Paul Wojoski, DWR — 401 & Buffer Permitting Unit; S12 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to 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 Rick Trone at (919) 791-4200. Sincerely, 1 �_44 Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: RRO DWR File Copy Laserfiche Steven Ball, S&EC via e-mail at sball@sandec.com Dt E Q North Carolina Department of Environmental Quality 1 Division of Water Resources Raleigh Regional Office 3800 Barrett Drive 1628 Mail Service Center Raleigh, North Carolina 27699-1628 919, 791.4200 a 10 ;_V F Hanson Neverson Quarry Wilson County, NC-DWR Project # 20-107 do E: not subject 4� FUB F: subject VaA y� Pond 1: subject C: not subject D: not subject A: not present ptle was B: subject Wad tv, IF,V.NR NRCS Soil Survey Sheet 8 �a qr Wilson Co., NC 1983 :: Locations are approximate Legend: and are provided for refer nn -project boundary ence only:: Q W 83 Hanson Neverson Quarry Wilson County, NC-DWR Project # 20-107 r LY C MM L' Li r �Pv USGS Topographical Map Bailey Quadrangle 2019 Locations are approximate Legend: _ and are provided for refer- ence only.: nn -Project boundary 11 usACE Jurisdictional Determination M U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01319 County: Wilson U.S.G.S. Quad: NC -Bail NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Hanson Aiu!rei!ates Southeast, LLC Mr. Jack Gary Address: 3825 Barret Drive, Suite 300 Ralei2h, North Carolina 27609 Telephone Number: (919) 380-2746 E-mail: iack.2arvey(&,lehi2hhanson.com Size (acres) 302 acres Nearest Town Sims Nearest Waterway Millstone Creek River Basin Neuse USGS HUC 03020203 Coordinates Latitude: 35.763309 Longitude: -78.077041 Location description: The site is located at the existing Hanson Aggregates Quarry at 7225 Neverson Road, adjacent to Nfillstone Creek, west of Sims, in Wilson County, North Carolina. Indicate Which of the Followin2 Apply: This document includes both Preliminary and Approved Jurisdictional Determinations. A. Preliminary Determination (PJD) S There aDDear to be waters. includini! wetlands on the above described Droject area/DroDertv. that mav be subject to Section 404 of the Clean Water Act (CWA)(33 USC � 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC � 403). The waters, includini! wetlands have been delineated, and the delineation has been verified by the Coms to be sufficiently accurate and reliable. The ai)proximate boundaries of these waters are shown on the enclosed delineation map entitled Wedand Sketch Map, Post USACE & DWR, Hanson Neverson Ouarry, Wilson Co., NG dated 10/01/2021. Therefore, this preliminary jurisdiction determination mM be used in the permit evaluation process, including determining compensato1y mitigation. Fo pMoses of coLnputation of iLnpacts, coMpensato1y mitigation reguirements, and other resource protection measures, a perm decision made on the basis of a prelimipM JD will treat all waters and wetlands that would be affected in M wU by the permitted activily on the site as if they are jurisdictional waters of the U.S. This prelimip M determination is not an i1ppealable action under the Reaulatory Proaram Administrative ADDeal Process (Reference 33 CFR Part 33 1). However. vou mav reauest an i1pproved JD, which is an i1ppealable action, by contacting the Cop2s district for further instructions. El There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination (AJD) E] There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. El There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. E] We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. E.Q. El The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. 1:1 The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are non-iurisdictional waters of the U.S., to include wetlands, present on the above described project area/propej!y which are not subject to the permit reguirements of Section 404 of the Clean Water Act (33 USC 1344) (See Remarks below). Unless there is a change in the law or our published regulations, this determination aa ipon for a period not to exceed five y be relied L years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Ms. Samantha J. Daile at (919) 554-4884 X 22 or samantha.i.daiiey(&usace.army.mil. C. Basis For Determination: The wetlands on the site were delineated using the Corps of Engineers 1987 Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement (y2). All waters on the site were evaluated pursuant to the EPA/Corps Rapanos implementation guidance. D. Remarks: There are both preliminary (PJD) and approved (AJD),iurisdictional determinations conducted for this site. See attached delineation map entitled "Wetland Sketch Map, Post USACE & DWR, Hanson Neverson Quarry, Wilson Co., NC, dated 10/01/2021." The mapped area bounded in red indicates the PJD review area. The three mapped areas bounded in yellow indicate the AJD review areas. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 33 1. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A.SHANNINALUSACE.ARMY.MIL EM In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it raust be received at the above address by 11/28/2021. **It is not necessary to submit an RFA form to the P i isi 1 Offi if you do not object to the determination in this correspondence." Corps Regulatory Official: 'k. a, 'S"O" Z"'c' Date of JD: 10/5/2021 Expiration Date of AJD: 10/5/2026 Expiration Date of PJD: Does not expire. The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hitps://regulatoiy.ops.usace.artny.mil/customer-service-survey/. Copies furnished (via email) Agent: Soil & Environmental Consultants Mr. Steven Ball Address: 8412 Falls of Neuse Road, Suite 104 Ralei2h, North Carolina 27615 Telephone Number: (919) 846-5900 E-mail: sball(&sandec.com Property Owner: Hanson A22re2ates Southeast, LLC Mr. Jack Garve Address: 3825 Barret Drive, Suite 300 Ralei2h, North Carolina 27609 Telephone Number: (919) 380-2746 E-mail: iack.2arvey(&1ehi2hhanson.com E;U E E U) U) co E Hm E u) m, cc 'c c c c 4 it o o o z cl o o �5 �o �5 w oc oc w w c c P o o M cl cl cl -Fz c) . . . . . . . . . . . -�I- 'o -�I- z o o o o o o L A, L z z z z 07 Er It " T, V41 till V� —1 z E CL M (3 C) LU 0 - < 0 C) > � :5 0 r wn 0 C) z 0 ai 2 0 0) I IR C-4 4) C-4 u Endangered Species Report & USFWS Review all From: Matthews, Kathryn (Kathy) To: Mason Montaomer Cc: Bob Zarzecki; Mann, Leigh; Archambault, Jennifer M; Benjamin, Pete Subject: Re: [EXTERNAL] RE: Neverson Quarry ME Submittal (USFWS Project Code 2023-0103997 Date: Tuesday, January 9, 2024 3:43:37 PIA Attachments: S&EC Neverson Cuarry ME Rei)ort Sianed.i)d Sorry for the delayed response. We don't have any concerns or comments. We will consult with the Corps after you apply for the permit. Thanl(s, For the Entire Month of Jonuory, we ore pocking our physicol office for o move to o new locotion. / opologize for ony deloys in response. For snoil moil, pleose use the P.O. Box listed below, rother thon our physicol oddress. Thonks! Kathy Matthews NC Renewable Energy Coordinator U.S. Fish and Wildlife Service 08119-re =V#190 Raleigh, NC 27636-3726 NEW Phone! 984-308-0852 From: Mason Montgomery <mmontgomery@sandec.com> Sent: Tuesday, January 9, 2024 9:14 AM To: Matthews, Kathryn (Kathy) <kathryn_matthews@fws.gov> Cc: Bob Zarzecki <bzarzecki@sandec.com>; Raleigh, FW4 <raleigh@fws.gov> Subject: [EXTERNAL] RE: Neverson Quarry T&E Submittal This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Kathy, I wanted to follow up on the attached T&E report that was submitted back in September. Bob is currently working on an individual permit for this and was wondering if USFWS has any comments. If you have any questions about the proposed actions, please let Bob or I know. Thank you, Mason L. Montgomery Soil & Environmental Consultants, Inc. North Quarter Office Park 8412 Falls of Neuse Road. Suite 104 Raleigh, NC 27615 91 Office (919) 846-5900 Mobile (704) 773 -2837 mmontgomerv(@sandec.com Visit us at sanclec.com This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. APlease consider the environment before printing this email. From: Mason Montgomery Sent: Wednesday, September 27, 2023 12:56 PM To: 'Raleigh, FW4'<raleigh@fws.gov> Cc: Bob Zarzecki <bzarzecki@sandec.com> Subject: Neverson Quarry T&E Submittal Hello, Attached is the threatened and endangered species report for the Neverson Quarry expansion project located in Wilson County, NC. S&EC is submitting for concurrence. Please let me know if any additional information is needed when reviewing the determinations. Thank you, Mason L. Montgomery Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Ralei2h, NC 27615 Office (919) 846-5900 Direct (919) 746-7750 Mobile (704) 773 -2837 mmontgomerv(@sandec.com Visit us at sanclec.com This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you. APlease consider the environment before printing this email. 92 Environmental Consultants, 8412 FaJl� of Neuse Road, Suite 104, Raleigh, NC 27615 - Phone: (919) 846-5900 sandec.com To: U.S. Fish and Wildlife Service September 27, 2023 Raleigh Field Office S&EC Project No: 13220W6 P.O. Box 33726 Raleigh, NC 27636-3726 Re: Online Project Review Request, Heidelberg Materials Neverson Quarry, Sims — Wilson County, North Carolina We have reviewed the referenced project using the USFWS North Carolina Field Office's online project review process and have followed all guidance and instructions in completing the review. We completed our review September 27, 2023 and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of A planned expansion of the Neverson Quarry which will impact the processing pond (pond 3) and relocate a stream (ZI) which was previously relocatedyears ago and is lined with riprap. The location of the project and the action area are identified on the enclosed maps. Heidelberg Materials Neverson Quarry (35.762971, -78.079487). The site is located at 7225 Neverson Road, Sims — Wilson County, North Carolina. This project review is needed under the provisions of Section 7 of the Endangered Species Act (ESA). The enclosed project review package provides the information about the species and critical habitat considered in our review. The species conclusions table included in the package identifies our determinations for the resources that may be affected by the prcj ect. For additional information, please contact Mason Montgomery at mmontgomery(��sandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Mason Digitally signed by Mason Montgomery Montgomery Date: 2023.09.27 12:39:03 -04'00' Mason Montgomery Environmental Scientist, Wetlands Department Enclosures: 1. Project Request Review Package 6. FWS Official Species List 2. S&EC T&E Species Report 7. Nf1P Report 3. Vicinity Maps 8. FWS Species Conclusion Table 4. S&EC Photo Report 9. FWS Self -Certification Letter 5. Overall Site Plan 93 September 27, 2023 S&EC Project No.: 13220W6 To: Heidelberg Materials Southeast Agg, LLC Attn: Mary Ann Hoerle 3825 Barret Drive, Suite 300 Raleigh, NC 27609 Re: THREATENED & ENDANGERED SPECIES REPORT Neverson Quarry (+/- 302 acres) 7225 Neverson Road, Sims, Wilson County, NC Mary Ann Hoerle: On July 13, 2023, Soil & Environmental Consultants, PA (S&EC) completed a desktop evaluation of the Neverson Quarry shown on the attached maps for potential endangered species. The property is located at 7225 Neverson Road in Wilson County, NC. Surface waters on -site flow into Millstone Creek in the Neuse River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as C; NSW. We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or within one mile of the project area that could potentially be affected by the project. These FWS & NHP reports were updated as of the date of this report. The official species list is valid for 90 days. We conducted preliminary habitat assessments to identify suitable habitat for the individual species listed on the official species list. The preliminary habitat assessments included assessing the physical characteristics of the streams, identifying forest types, and looking for evidence of the listed species on - site. This survey did not include any detailed sampling or netting of aquatic species, nor did it include any detailed mist netting or acoustic surveys for bat species. The results of the search are discussed below. M, RIESULTS: The FWS official species list identified the following species for the Evaluation limits: • Tricolored Bat, (Perlmyods subflavus), Proposed Endangered • Neuse River Waterdog (Necturus Jewisi), Threatened • Carolina Madtom (Noturus furiosus), Endangered • Atlantic Pigtoe (Fusconaia masoni), Threatened • Monarch Butterfly (Danausplexippus), Candidate Of the species identified on the official species list, the NHP report did not identify any Federally threatened or endangered species within the project area or within one mile of the project area. Other State listed species were found within the project area as listed in the attached NHP report. The NHP report identified two managed areas within the project area or within one mile of the project area. These are listed out in the attached NHP Report. TRICOLORIED BAT (Perimyotis subflavus): S&EC personnel conducted preliminary surveys of potential suitable habitat for the Tricolored Bat's within the project area. Relying upon the findings of the December 2021 Species Status Assessment (SSA) Report for the Tricolored Bat. Suitable habitat exists on -site. However, the majority of the site is unforested, and any proposed clearing can be completed outside of the summer pup season and limited to certain areas during the winter months. S&EC believes this project will "Mayaffect, notlikely to jeopardize the existence of the species" for the TCB's. More details involving tree clearing can be provided if UFWS wishes to reinitiate consultation on the project. NEUSE RIVER WATERDOG (Necturus lewisb: S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is typically medium to large streams and rivers with a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and pools. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. 95 Suitable habitat does not exist on -site. The streams on -site are +/-6 feet wide and are located in the upper portion of the Millstone Creek watershed. This flows into Bloomery Swamp and is approximately 8 miles upstream from the confluence with Contentnea Creek, which is known critical habitat for the Neuse River Waterdog. Due to these observations, S&EC believes this project will have "No effect " on the Neuse River Waterdog. CAROLINA NLADTOM (Noturus furiosus): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Carolina Madtom. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is also medium to large streams and rivers with a moderate gradient and large bed material. The Carolina Madtom also needs continuous year-round flow and cover for nesting habitat. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Suitable habitat does not exist on -site. The streams on -site are +/-6 feet wide and are located in the upper portion of the Millstone Creek watershed. This flows into Bloomery Swamp and is approximately 8 miles upstream from the confluence with Contentnea Creek, which is known critical habitat for the Carolina Madtom. Due to these observations, S&EC believes this project will have "No effecf 'on the Carolina Madtom. ATLANTIC PIGTOE (Fusconaid masoni): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate to high flowing water. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. 91-� Suitable habitat exists on -site. The streams on -site are +/- 6 feet wide and are located in the upper portion of the Millstone Creek watershed. The property is approximately 20 miles away from known critical habitat for Atlantic Pigtoe. Given the distance from Critical habitat, as well as the multiple highway and ponds between the project area and critical habitat, S&EC believes this project will "May affect, not likely to adversely affecf'the Atlantic Pigtoe. It should also be noted that there is a proposed stream (Z I) relocation, which was previously relocated years ago and lined with riprap. MONARCH BUTTERFLY (Danaus PlexiPpus): The Monarch Butterfly is currently listed as a candidate species, and not yet listed or proposed for listing as threatened or endangered. Due to the current status of Monarch Butterfly, consultation with USFWS under section 7 of the Endangered Species Act is not required. FWS recommends conserving pollinator habitat where practicable. BALD EAGLE (Haliaeetus leucocephalus): S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting sites within the project area. The NHP report did not identify any known nests on -site or within one mile of the site. Given the lack of species present, we have concluded that the project is " Unlikely to disturb nesting bald eagles ". We believe no Eagle Act Permit is required. CONCLUSION: After completing the habitat assessments and preliminary surveys, S&EC completed the attached "Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the FWS in their conclusion letters, we have concluded that it appears the proposedproject is not likely to adversely affect anyfederally listed endangered or threatened species, theirformally designated critical habitat, or species currently proposedfor listing under the Endangered Species Act (ESA). We strongly recommend requesting a concurrence letter from the FWS. 97 Sincerely, SOIL AND ENVIRONNIIENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Attachments: 1. USGS Vicinity Map 2. Soil Survey Vicinity Map 3. Aerial Map 4. Photo Report 5. Overall Site Plan 6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by your proposed project. Official Species List. July 13, 2023. 7. NHP Report: July 13, 2023. 8. S&EC — FWS Species Conclusion Table. September 27, 2023. 9. S&EC — FWS Self -Certification Letter. September 27, 2023 References: -North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources, Raleigh, North Carolina. -US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field Office Online Project Reviews website. -U.S. Fish and Wildlife Service. 202 1. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version 1.2. December 202 1. Atlanta, GA. -U.S. Fish and Wildlife Service/ Southeast Region. 2021. Carolina Madtom. Species Profile. https://www.fws.gov/southeast/Wildlife/fishes/Carolina-madtom/. - U.S. Fish and Wildlife Service/ Southeast Region. 202 1. Neuse River Waterdog... Species Profile. https://www.fws.gov/southeast/Wildlife/amphibians/�euse-river-waterdog/ -U.S. Fish and Wildlife Service. 202 1. Species Assessment (SSA) Report for the Tricolored Bat (Perimyotis subflavus) Version I. I. Hadley, MA. -U.S Fish and Wildlife Service. 2022 Recommended Minimum Culvert Dimensions for Bat Roost Surveys in Western North Carolina. Ashville, NC. 9E; FRIDAY RL) SN% jwll HRiS P/) Af RD ELLIS I N wi WOODROW R RD' T n S/ FIAT -R()( K RD NICHOLS CT V'114 q Legend USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and 0 Neverson Property National Transportation Dataset; USGS Global Ecosystems; U.S. Census Bureau TIGER/Line data; USFS Rodd'Drata; Natural Earth Data; U.S. Wilson County Boundary Department of State Humanitaria-'n')I"n?dr"mation unit; and NOAA National Centers for Environmental Information, U.S. Coastal Relief Model. Data refreshed June, 2020. Project Number: 13220.W6 Map Title: 0 2,000 4,000 N Project Manager: Figure 1 - USGS Map I I I I I I I I I DS Neverson Quarry Feet Scale: 1 2000' Wilson County, NC A Source: Soil & Environmental Consultants, PA Date: 1.,h. 11 11115 - lh-, 1- 11111 JW111 08/0212023 USGS National Map R a WaB 0 00 N IJ U C .000 FuB �5 VaA WaB WaB U N Av, -OLK FuB Ork, Qu r WaB aIB 0 "A FuB B DA wal Legend Neverson Property 4- IN VaR Project Number: 13220.W6 Map Title: N Figure 2 - Soil Survey Map 0 1,000 2,000 Project Manager: I I I I I I I I I DS Neverson Quarry Feet Scale: Wilson County, NC 1 1000' Source: Soil & Etivironniental consultants, PA Date: 08/02/2023 Soil Survey Sheet No. 8 (inset) 8412 Falls of N— Roa& SuR, I Ik 2"615-Ph—:(-)19)846-�W-F..,:(919)946,9467 o z —c C6 co o -w2 E o > w z < C) z o D om Z. m - u I uj IS m o .2 z co, >c o2 E o o co" -olo -ca z Z o E << m z 0 Z !E m-D o o E o.o c o li 0 6= E' o I o mc m cm o E w zm -o Eo E og� E 0 uj m )D cc ID 2 E x c .o m oc I- 0 2 E Z �� 0 Z �� 'o o C) m (D wm �o- m m c 0 OD o om zoz (D w o ca 'o 0 a) > o o 0 0 Ic Im 0 w �o �o > c) Z Z 0—' (D 22 (10) W -(D o m 0 m E �(D E,2 �o (D OS w CD 0 w C) < 0 w Ly � m -w 0 a) U) -F (D 0 0 0 0 0 0 0 6 I L ol ol 1 c5 45; a 2 N K IMN A-E E E U) U) C, 'o 'o 'o 0 0 z 0 of C) C, 0 0 0 0 cl - t t Fz -�I- 'o -�I- 2 E z o 0 z z z 0 E E 0 u F-1 o 0 0 f ai� CL m O'o co LU 0 - < 0 co < ID 0 co wn 0 4a z 4a 0 CL ai 2 0 co I Loo. LL 0 LO N 0 04 C-4 U 0 W C-4 C-4 it V w co LO 4; u 0 :— IA m Es WYX "d 1w or tT.f,�','V 717 ZN, '7 7I� 747,�ri--,-, rill L41 R V Nv IM SIM I'M �T- mob 02- A lj,.� N�� lk- Photo 9: Feature B 107 A&,�;,- United States Department of the Interior WA&4 FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0103997 Project Name: Heidelberg Materials Neverson Quarry r-7—N "MA � I&ALUkAff OwIrVII-T July 13, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to deten-nine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the EC0S-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered Im species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/eO-13186.php. 109 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 110 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 ill PROJECT SUMMARY Project Code: 2023-0103997 Project Name: Heidelberg Materials Neverson Quarry Project Type: Surface Extraction - Non Energy Materials Project Description: This project is located in Wilson County, NC and is approximately 314 acres. Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(@35.762851350000005,-78.07619130199392,14z Counties: Wilson County, North Carolina 112 ENDANGERED SPECIES ACT SPECIES There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. 1PaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515 AMPHIBIANS NAME STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6772 FISHES NAME N V.11 KIR Carolina Madtom Noturus furiosus Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/528 CLAMS NAME N VWAIV OR Atlantic Pigtoe Fusconaia masoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5164 113 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 114 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Trea!y Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) MIGRATORY BIRD INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION. MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does 1PaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN J. The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list 115 of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does 1PaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Ac requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical 116 Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lq!Lng. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 117 IPAC USER CONTACT INFORMATION Agency: Soil & Environmental Consultants, PA Name: Mason Montgomery Address: 8412 Falls of Neuse Road Address Line 2: Suite 104 City: Raleigh State: NC Zip: 27615 Email mmontgomery@sandec.com Phone: 7047732837 118 RGy Cooper, Governor MEN :W0010 INC DEPARTMENT OF a m NATURAL AND CULTURAL RESOURCES 0 ONE July 13, 2023 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Heidelberg Materials Neverson Quarry-, 13220.W6 Dear Robert Zarzecki: D. Reid Wilson, Secretary Misty Buclianan Deputy DirectDr, Natural Heritage Program The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence-, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federal ly-I isted species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler��ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT QF NATUFZAI. 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Z3 U) cu Z�5 .(/) C) cu o tz 3� :3 .g? -9? liz-3 CU CQ CY3 C: C�L �2 cm cu (L) C) o 7FD (L) Z3 U) Z5 . =— E! 7FD Z3 c) C-) CU M cu LU -Fu C) c) :3 Q) (L) :i� — cu C) cu (/) Z3 LL- = 0 M -Fu CY3 �l :t-- U) F— C) co C) c cu a) -�e cu E 0 0 0 4-- 0 cu 0 0- ui -0 CU a) &a) cn cu 0 0- 0) 0 c E 0 Z) Z) 0 cn -0 _0 cu C: c cu .2 a) cu cu 4�? E E > a) 0 -r- CU c cu CU -r- 0 0)-a CU CU .2 F= o E 0 4-- < c cn 04 CD 04 r-: (D -M E .21 U-� FIKH&WILMLLFE SIKKV ICE United States Department of the Interior F-�L� _Ak-4 FISH AND WILDLIFE SERVICE J�CN 3� A Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: September 27, 2023 Self -Certification Letter PrQJ ect NameNeverson Quarry Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or 7" may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or F-1 " may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; 7" no Eagle Act permit required" determinations for eagles. 123 Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the approprii ate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for I year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleighkfws.go or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package 124 Heidelberg Materials Alternatives Analysis 125 Heidelberg Materials Alternatives Analysis Heidelberg Materials would like to continue their business at Neverson Quarry supplying aggregates to the local market. Additionally, Neverson Quarry is home to the rail siding that supplies aggregates to the Morehead City Sales Yard and the coastal market. Outlined below are potential alternatives and their merits. Alternative 1 (Off -Site Locations) Owned Active Locations: The Neverson Quarry aggregate market could be supplied with stone from an alternate Heidelberg Materials location. This option would avoid all stream and wetland impacts; however, this option is impractical from a business perspective. The nearest Heidelberg Materials locations are Rocky Mount Quarry (28 miles away by road) and Princeton Quarry (26 miles by road). Supplying the Neverson market from this location would put Heidelberg Materials at a significant competitive disadvantage by adding distance and cost to all hauls. Additionally, the Morehead City market is currently supplied from a rail siding at Neverson Quarry. Neither Princeton Quarry nor Rocky Mount Quarry have the rail infrastructure to ship aggregates to Morehead City via rail. An alternative would be to ship the aggregates by truck from Rocky Mount Quarry (122 miles) or Princeton Quarry (104 miles). This would not be economically viable due to the significant cost difference to move material by truck instead of rail. If the Morehead City Sales Yard could not be supplied by rail, it would very likely be shut down. Owned Inactive Location: The Neverson Quarry Market could also be supplied by one of our idled locations, Elm City Quarry. This site has been inactive since approximately 1995. The site is currently permitted for mining; however, the processing plant equipment has been removed and the pit has been allowed to fill with water. Re -opening this site would require significant financial investment. Based on current industry rates, a good budgetary number for a new plant and associated infrastructure would be in excess of $30 million. Furthermore, the distance between Elm City Quarry and Neverson Quarry is 21 miles by road. The site does have a rail siding which would allow it to supply Morehead City Sales yard, but supplying the Neverson market from this location would put Heidelberg Materials at a significant competitive disadvantage by adding distance and cost to all hauls. Unowned New Locations: The Neverson Quarry market could be supplied with aggregate from a newly developed quarry location. A search was conducted for available property (as of November 13, 2023) in the general area of the current quarry. The first criteria considered was parcel size and proximity to 126 the existing quarry/market. Only two properties greater than 100 acres were for sale within 10 miles of the current site. Property A, shown above, is a 284.9-acre parcel listed for $7.1 M located approximately 2.1 miles from the existing quarry. This property is suitably sized and does have road access. As shown on the map below, the USGS streams layer for the county shows multiple potentially jurisdictional features throughout the site. Based on this publicly available data, there is at least 6000 LF of potential streams that may need to be impacted to develop the site. 9- &,- 0, Property B - 9765 Old Lewis School Rd, Middlesex, NC 27557 127 Property B, shown above, is a 11 0.5-acre parcel listed for $1.6M located approximately 5.4 miles from the existing quarry. This property is somewhat small to support a quarry operation, but it does have road access. This property also shows multiple potentially jurisdictional features based on the USGS streams layer for the county. Based on this publicly available data, there is at least 2300 LF of potential streams that may need to be impacted to develop the site. While both properties reasonably meet the first criteria for quarry development, neither would be able to continue supplying the Morehead City Sales Yard due to lack of rail access. Additionally, while these sites do have road access, the roads may need to be upgraded to accommodate the increased heavy traffic associated with aggregate sales. There are still many steps and substantial risk in assuming either of these locations could be developed into an operational mine site. First, these properties would need to be drilled to determine if there is suitable rock with economical overburden amounts. Assuming the geology was appropriate, then the land would likely need to be rezoned and a special use permit issued to allow for mining. After that, various state -level permits would need to be secured, including a minimum of a Mine Permit, Air Permit, and a NPIDES Stormwater permit. Also, as mentioned above, both sites are expected to contain jurisdictional features that may require an Individual Permit for impact. This is a just an outline of the expected steps required to develop a new quarry and an obstacle at any one of them could stall the entire project. Furthermore, these development activities are costly and time consuming. Therefore, due to the significant cost and risk associated developing a new quarry site, this option is not considered viable. Alternative 2 (Existing Pit) Neverson 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 5.0 million tons of reserves. In current market conditions, this is enough for roughly four more years of mine life. After those reserves are exhausted, the quarry would close and Heidelberg Materials' participation in the Neverson and Morehead markets would cease. Alternative 3 (Eastern Pit Mine Plan) The Eastern Pit Mine Plan option allows Neverson quarry to expand its mining footprint under the existing processing plant to open approximately 16.4 million tons of reserves. No streams or wetlands would be impacted by the pit expansion, but impacts would occur in the relocated plant site and overburden storage area. The processing plant would be relocated to the west of the pit and the overburden would be stored on the southeastern property. The expected wetland impact would be 1.403 acres and stream impact would be 602 linear feet. Based on current industry rates, a good budgetary number for relocating the plant and associated infrastructure 128 would be in excess of $20 million. This option is considered not viable due to the significant cost associated with relocating the processing plant relative to the amount of reserves uncovered. Alternative 4 (Western Pit Plan (PROPOSED)) The Western Pit Mine Plan option allows Neverson quarry to expand its mining footprint westward to open approximately 46.6 million tons of reserves. The processing plant would remain in its current location and overburden would be stored on the southeastern property. This plan is Heidelberg Materials preferred alternative since it would allow open the greatest number of reserves while avoiding the significant cost associated with relocating the processing plant. 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E=1 IN SOUTHEAST AGG LLC IMPACT EXHIBIT R-iewed by: 6728 Carbonton Road STREAM RELOCATION PHASE I SW5.f 7 MTB Sanford, North Carolina 27330 (919)499 ph draftinga=igno@ny.MaiL.COM NEVERSON ROAD Project Number Date: SIMS, WILSON COUNTY, NORTH CAROLINA DDS JOB #: 2022-02 JULY 2023 L I I I I .A 140 G-2z' 0 SUBSTATION C STREAM (LY�p) C� - "33.38 ROPOSEDNONJ WETTANDIMPACT(W10) 403 SF VEREURDEN AREA (7)'P) 9 AC I ROPOSED TEMPORARY WETTAND IMPACT I-) 3 429 SF 0 08 AC A P�N� 4 NON JD w TEMPO W. E. REA CROSSIM'01' 112 PACT STREAMIM PACT 215.24 PACT 12 SF STREAM IMPACT CUIE T01 112 ILL 1 OS CMP @ 2 0. 30 WIDE HAUL ROAD (7)'P). 10 -------- --- NEVERSON QUARRY D-FT'N. AN, - .E.1=.N HEIDELBERG MATERIALS ER7.E=IN SOUTHEAST AGG LLC 6728 Carborton Road Sanford, North Ca.Lina 27330 (919)499 ph - draftinga=igno@nymaiL.com STREAM RELOCATION NEVERSON ROAD SIMS, WILSON COUNTY, NORTH CAROLINA Fj 8§1 WE 1207.8 PRELIMINARY NOT FOR CONSTRUCTION Scale: 1"=250' Drawn by: T. IMPACT EXHIBIT —We . 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CROSS SLOP HANNELLINING' A PONDEAM B IDE LOPES-2 1 TOBE REMOVED A T' 0 FT D 3 5 FT AT CLASS A/B RIP RAP N o CLASS A/B RIP RAP 0 ED I ROPOSED —TYAND IMPACT(-) B B34 F o 2o AC ROPOSED PONDED —TER (TYP) 1 11 AC I REACH 2 A POSED T\EXPA ION AREA PON��D TER BERM/DAM (TYP) PHASE1 14 3 AC o Si EXIS III CXPROPOSE RIPARIAN BUFFER OVEELEP 02 ­- REL-Di TYED F6N6 ELEV-234 0 ?rr IT BERM (TYP) LINE STREAM Z RELOCATED (TYP) IT REAC 3 �2 25o . . . D­�� 0 -;HO 1 0 PRELIMINARY 0 UNDISTURBED NOT FOR CONSTRUCTION VEGETATIVE BUFFER�:7 F T_ 2 13.911 X NEVERSON QUARRY Scale Drawn by: T. -FT'N. AN. E.I.N'�_ HEIDELBERG MATERIALS V=150, Sheet D-igned by: E R7. E=1 IN SOUTHEAST AGG LLC IMPACT EXHIBIT MTB R-iewed by: 6728 Carbonton Road STREAM RELOCATION PHASE 2 SM.f 7 MTB Sanford, North Carolina 27330 (919)499 ph NEVERSON ROAD Pr.ject Number jDate: draftinga=igno@ny.MaiL.COM SIMS, WILSON COUNTY, NORTH CAROLINA DDS JOB #: 2022-02 JULY 2023 142 Neuse Buffer Relocation & Monitoring Plans 143 9�0 I GiN�iNOD "IGA03 �N ....... 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Off 5ANffOAD, NC. 2. ELJffffEA PLANTING LIMIT5 APPAOXIMATED UTILIZING T�IE APAAAN ELJffffEA EOLJNDAAIE5 AND T�IE PAOP05ED EXTENT Off GAADING PAOVIDED EY DAAffTING AND DE51GN 5EAVICE5, INC. Off 5ANffOAD, NC. 3. ALL LOCATION5, ELEVATION5, AND DIMEN51ON5 AAE APPAOXIMATE. AELCCATED 5TAEA MTE TO EXIOT ING 5T 1EAM AT ELEV. 240.50' ZONE I APAFNAN F�LjffffE A PLANT�NG5AFAC� 24,90G 5, 0 V,1LLIAM5 WILLA EETTIE JOYNEA �PIN:M?57 G3 -93-2377) ZONE I APAAAN E LJffffEA EOLJNDAAT - 11 ZONE 2 AIPAAIAN E LJffffEA EOLJNDAAT P AOPEKTY -EOLJNDAAT $ CLJAAENT PEAM IT LIMIT, TYP. 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S&EC Project Number 13220.D2 Neverson Quarry— Stream F Buffer Relocation Monitoring Plan January 29, 2024 Post -relocation Buffer Monitoring Plan As required by the U.S. Army Corps of Engineers (USACE) and the North Carolina Division of Water Resources (DWR), Soil & Environmental Consultants, Inc. (S&EC) proposes to monitor the relocated riparian buffer along the western side of Stream Z on the Neverson Quarry property in Wilson County, NC, as described below. Post -relocation buffer monitoring will be qualitative in nature and will include a general visual assessment of the overall stability of the relocated buffer area, as well as the immediately adjacent slopes and upland areas. Following the completion of relocation planting activities S&EC will establish representative photo points throughout the relocated buffer area to document baseline (post -relocation) conditions. Photo points will document the stabilization and buffer planting activities at key locations and will allow for visual comparison of the relocation success between scheduled site monitoring visits. A visual assessment will be made in the vicinity of select photo points to evaluate the general success of tree and shrub buffer plantings. The location of each photo point will be marked in the field with a flagged and number wooden construction stake, located using handheld GPS, and identified on a site map that will be provided with each annual monitoring report. The exact location and number of photo points will be determined by the design engineer during the initial site monitoring visit. During each subsequent monitoring visit, photos will be taken in approximately the same location and direction as the baseline monitoring photos to allow for quarter -to -quarter or year-to-year comparison of site conditions. The relocated buffer areas will be monitored for a period of up to three (3) years following the completion of the required buffer relocation activities. Site monitoring visits will be conducted on a quarterly basis for the first year (March, June, September, December, as appropriate depending on when planting and stabilization activities are completed), and annually for the second and third years (September -October timeframe prior to leaf -off). Monitoring reports will include a brief narrative describing the observed conditions of the relocated buffer areas during the monitoring year, site photographs and the photo points map, and a summary of any areas of instability identified during the prior year and what if any repairs were performed, and an opinion of overall buffer relocation success to date. Reports will be submitted via email to the USACE and DWR on an annual basis no later than December 31s' of each monitoring year. At any point during the monitoring period, if site restoration activities are deemed successful by S&EC, the applicant may request that USACE and DWR allow for the cessation of monitoring activities. Page 1 of 1 149 MITIGATION PLAN 150 Clean Water Act (CWA) Section 404 & 401 Application Heidelberg Materials Southeast Agg LLC - Neverson Quarry Expansion Project 7225 Neverson Road, Sims, Wilson County, NC MITIGATION PLAN January 2024 151 1. INTRODUCTION The applicant proposes compensatory mitigation to offset unavoidable adverse impacts to wetlands, streams and other aquatic resources authorized by Clean Water Act section 404 permit and section 401 water quality certification. This proposed mitigation is consistent with 40 CFR part 230, Compensatory Mitigation for Losses of Aquatic Resources, Final Rule (aka "2008 Mitigation Rule") and will satisfy the national goal of "no net loss" of wetland acreage and function. 2. METHOD TO PROVIDE COMPENSATORY MITIGATION The 2008 Mitigation Rule allows for three mechanisms for providing compensatory mitigation. These include in order of preference as established by the regulations: (1) mitigation banks, (2) in -lieu fee programs, and (3) permittee-responsible mitigation. Mitigation banks with available credits do exist within the watershed, but do not have sufficient credits to cover all the required mitigation for the project. The N.C. Division of Mitigation Services (DMS) in -lieu fee program has sufficient credits to meet all the required mitigation for the project. As such, permittee-responsible mitigation is not the preferred option under the regulations to satisfy the required mitigation. The applicant therefore proposes to purchase mitigation credits from mitigation banks that have available credits. The applicant proposes to purchase mitigation credits from the DMS in - lieu fee program to cover the balance of any required mitigation in which the mitigation banks do not have available credits. Statement of Availability (SOA) letters are attached for mitigation banks that currently have mitigation credits available and from the DMS in - lieu fee program. 3. SECTION 404/401 COMPENSATORY MITIGTION a. MITIGATION PHASING The applicant proposes to provide the mitigation in two (2) phases as listed in the tables provided in sections 3.c. and 3.d. below and depicted on the site plans. The phasing is proposed due to the extended length of time anticipated between major project elements and associated impacts. Phase 1 will include the relocation of Stream Z, pit expansion to the southwest, construction of overburden haul road, and overburden areas 01 and 02. Phase 2 will include the relocation of Stream F, construction of the new pond berm/dam structure, and pit expansion to the west. Mitigation payments for Phase 1 will be provided shortly after permit issuance. Mitigation payments for Phase 2 will be provided prior to impacts which are anticipated to occur +/- 5 years from permit issuance. b. MITIGATION RATIOS The applicant will provide compensatory mitigation for the loss of all jurisdictional wetlands and streams as listed in the tables provided in sections 3.b. and 3.c below. The applicant proposes to provide compensatory mitigation at a 2:1 ratio for the loss of all jurisdictional streams and wetlands except for impacts associated with the Stream Z relocation. This stream had been previously relocated during the time of initial pit developed into the straight, riprap lined 152 channel that exists today. As such, the applicant proposes mitigation at a 1:1 ratio of impacts to this modified stream channel. The applicant does not propose mitigation for temporary stream and wetland impacts that would not result in a permanent loss (notably those associated with the temporary haul road). The applicant also does not propose compensatory mitigation for impacts (temporary or permanent) to jurisdictional open waters (ponds). c. PHASE 1 — Mitigation Table ""Me 1 WOTUS impact Mitigation Mitigation Impacts Type IF mount Ratio (LF) Stream Z stream 1 1,438 If 1,438 If Total Stream 1,438 If Wetland W1 1 1 wetland 1 0.22 ac 2:1 0.44 ac Total Wetland 0.44 ac d. PHASE 2 — Mitigation Table OF Phase 2 'WOTU Mitigation Mitigation 1� Impacts ],, Type It= Ratio (LF) A Stream F 7s—tream 1 602 If7 2:1 1,204 If Total Stream 1,204 If Wetland LW1 wetland 0.003 ac 2:1 0.006 ac Wetland W2/W3 wetland 0.98 ac 2:1 1.96 ac Wetland W5 wetland 0.2 ac 2:1 0.4 ac Total Wetland 2.366 ac 4. ADDITIONAL REQUIRED MITIGATION The following mitigation is required by regulations other than CWA Section 404 & 401. a. NEUSE BUFFERS [15A NCAC 02B.0714] All Neuse Buffer impacts depicted in the application are covered under the "Mining activities" use of the rule [1 5A NCAC 02B .0714(l 1)(n)(i) and (ii)]. As such an Authorization Certificate is required from the N.C. Division of Water Resources for the proposed impacts per 15A NCAC 02B .0611 (b). Mitigation will be provided as listed in the table below for all "uses" that are designated as "Allowable with Mitigation Upon Authorization" [1 5A NCAC 02B .0714(l 1)(n)(ii)] in conformance with the Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers rule (aka "Consolidated Mitigation Rule') [1 5A NCAC 02B .0295]. Mitigation will be provided in the form of payment of a compensatory mitigation fee per 15A NCAC 02B .0295(h)(2). b. PHASE 1 — Neuse Buffer Mitigation Tables 153 Phase 1 Pond - Area A Zone 1 (sq.ft.) 3,075 Zone 2 (sq.ft.) 2,581 Total (sq.ft.) 5,656 Pond - Area B 3,570 3,012 6,582 Total 6,645 5,593 12,238 New Established Buffers 0 0 0 Impacts Requiring Mitigation 6,645 5,593 12,238 Required Buffer Mitigation 19,935 8,389.5 28,324.5 a. PHASE 2 — Neuse Buffer Mitigation Tables Phase 2 Stream F & Pond Zone 1 (sq.ft.) 130,861 Zone 2 (sq.ft.) 82,659 Total (sq.ft.) 213,520 Total 130,861 82,659 213,520 New Established Buffers 28,578 20,885 49,463 Impacts Requiring Mitigation 102,283 61,774 164,057 Required Buffer Mitigation 306,849 92,661 399,510 Table of Uses 15A NCAC 02B .0714(l 1)(n) Mining activities: (n)(i) Mining activities that are covered by the Mining Act provided that new riparian buffers that meet the requirements of Items (8) and (9) of this Rule are established adjacent to any relocated channels. (Allowable Upon Authorization) (n)(ii) Mining activities that are not covered by the Mining Act OR where new riparian buffers that meet the requirements of Items (8) and (9) of this Rule are not established. (Allowable Upon with Mitigation Authorization) 154 January 30, 2024 Mary Ann Hoerle Heidelberg Materials Southeast Aggregates, LLC 3825 Barret Drive, Suite 300 Raleigh, INIC 27609 Expiration of Acceptance: 7/30/2024 Project: Heidelberg Materials Neverson Quarry Expansion County: Wilson The purpose of this letter is to notify you that the INICDEQ 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 DIVIS 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 DIVIS 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 applicable 404 Permit/401 Certification/Buffer Approval within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DIVIS. Once DIVIS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DIVIS website. Based on the information supplied by you in your request to use the DIVIS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DIVIS for this impact is determined by permitting agencies, dependent on bank credit availability and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Neuse 03020203 Riparian Wetland Up to 1.483 Neuse 03020203 Warm Stream Up to 2,040 Neuse 03020203 Riparian Buffer Up to 88,252@ 1.51 Neuse 03020203 Riparian Buffer Up to 137,056 @ 3:1 Upon receipt of payment, DIVIS 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 and 15A INICAC 02B .0295 as applicable. Thank you for your interest in the DIVIS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@deq.nc.gov. Sincerely, Ae�d_lh� Kelly B. Williams In -Lieu Fee Program Coordinator cc: Bob Zarzecki, agent 155 e o terr PUTTING THE FUTURE IN YOUR HANDS 2024 STATEMENT OF CREDIT AVAILABILTY We are pleased to provide a comprehensive overview of the credits and services available to our clients. STATEMENT OF CREDIT AVAILABILITY Dear Mary Anny Hoerle: December 13,2023 Mary Anny Hoerle Heidelberg Materials Southeast Agg, LLC 3825 Barrett Drive, Suite 300 Paleigh, NC 27609 Thank you for your inquiry regarding credit availability, reservation, and pricing. As you have requested: 9 HUC: 03020203-0402 9 Bank Name: Kittrell Hill • Credit Pequested: Piparian Buffer Credits • Credit Amount Pequested: 108,412.450 sq ft + 78,790.850 sqft • Case Number: 27-86-6-1 • Credit Price Proposed: - See Email • Total Amount of the Transaction: See Email • Credit Pelease Date: Available Now + 3/1/24 9 Credit Peservation held until: N/A Please let us know if we can be of service; we look forward to working with you! Sincerely, Michael Beinenson President Eco Terra LLC www.ecoterra.com 157 PROJECT SUMMARY D I '� Kittrell Farms Riparian Buffer and Nutrient Offset Mitigation Bank, located approximately 1.8 miles northeast of Farmville, NC, consists of 16 acres of form erly-cu Itivated agricultural land now established as a working forested riparian corridor. With benefits to both ecology and water quality, this site located in the Neuse River Basin, reduces sediment and nutrient inputs with its buffer restoration areas, featuring permanent seeding, bare root tree planting, treatment of invasive plant species, and drain tile removal and grading. I www.ecoterra.com 158 NCSAM Stream Z Section Zl 159 NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Neverson Quarry Expansion Project 3. Applicant/owner name: Heidelber Materials 5. County: Wilson 7. River basin: Neuse 03020203-0402 2. Date of evaluation: February 28, 2024 Assessor name/organization: B. Zarzecki / S&EC, Inc. Nearest named water body Millstone Creek (27-86-6-1 on USGS 7.5-minute quad: C;NSW) 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.760 / -78.079 STREAM INFORMATION: (depth and width can be approximations) Stream Z, section 9. Site number (show on attached map): Zi 10. Length of assessment reach evaluated (feet): 1,438 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 1 E]Unable to assess channel depth. 12. Channel width at top of bank (feet): 9 13. Is assessment reach a swamp steam? E]Yes E]No 14. Feature type: EPerennial flow E]Intermittent flow F�Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: El Mountains (M) E Piedmont (P) El Inner Coastal Plain (1) El Outer Coastal Plain (0) 16. Estimated geomorphic F�A \1 B valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip E]Size 1 (< 0.1 Mi2) E]Size 2 (0.1 to < 0.5 Mi2) ESize 3 (0.5 to < 5 Mi2) E]Size 4 (�! 5 Mi2) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? EYes E]No If Yes, check all that apply to the assessment area. F�Section 10 water ElClassified Trout Waters E]Water Supply Watershed (Ell EIII EIIII EIIV EIV) F�Essential Fish Habitat E]Primary Nursery Area El High Quality Waters/Outstanding Resource Waters F�Publicly owned property ENCDWR Riparian buffer rule in effect ENutrient Sensitive Waters F�Anadromous fish E1303(d) List EICAMA Area of Environmental Concern (AEC) F�Documented presence of a federal and/or state listed protected species within the assessment area. List species: F�Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? EYes E]No 1 . Channel Water — assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) EA Water throughout assessment reach. F�B No flow, water in pools only. DC No water in assessment reach. 2. Evidence of Flow Restriction — assessment reach metric F�A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). EB Not A 3. Feature Pattern — assessment reach metric EA A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). F�B Not A 4. Feature Longitudinal Profile — assessment reach metric EA Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). F�B Not A 5. Signs of Active Instability — assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). F�A < 10% of channel unstable F�B 10 to 25% of channel unstable EC > 25% of channel unstable 160 6. Strearnside Area Interaction - strearnside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB EIA F�A Little or no evidence of conditions that adversely affect reference interaction EIB F�B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) EC EC Extensive evidence of conditions that adversely affect reference interaction (little to no flood plai n/inte rtida I zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much flood pla in/i nte rtida I zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstrearn divide 7. Water Quality Stressors - assessment reach/intertidal zone metric Check all that apply. F�A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) F�B Excessive sedimentation (burying of stream features or intertidal zone) QC Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem F�D Odor (not including natural sulfide odors) F�E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. F�F Livestock with access to stream or intertidal zone EG Excessive algae in stream or intertidal zone F�H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) QI Other: (explain in "Notes/Sketch" section) DJ Little to no stressors 8. Recent Weather - watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. F�A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours F�B Drought conditions and rainfall exceeding 1 inch within the last 48 hours EC No drought conditions 9. Large or Dangerous Stream - assessment reach metric E]Yes ENo Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types - assessment reach metric 1 Oa. EYes F�No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 1 Ob. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) EA Multiple aquatic macrophytes and aquatic mosses -F, W [_1 F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) M E [-]G Submerged aquatic vegetation _1H Low -tide refugia (pools) F�B Multiple sticks and/or leaf packs and/or emergent 9 1 [_ U) C vegetation C QI Sand bottom El C Multiple snags and logs (including lap trees) ED 5% vertical bank along the marsh F�D 5% undercut banks and/or root mats and/or roots [_1 K Little or no habitat in banks extend to the normal wetted perimeter F�E Little or no habitat ""'REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS— — — 11. Bedform and Substrate - assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. [-]Yes ENo Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). EA Riffle -run section (evaluate 11c) EB Pool -glide section (evaluate 11d) DC Natural bedform absent (skip to Metric 12, Aquatic Life) 1 1c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach - whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P E E] E] E] Q Be drock/sa pro lite E E] E] E] Q Boulder (256 - 4096 mm) E E] E] E] Q Cobble (64 - 256 mm) E] E] E E] Q Gravel (2 - 64 mm) E] E] E E] Q Sand (.062 - 2 mm) E] E] E El El Silt/clay (< 0.062 mm) E] E] E E] Q Detritus E] E] El El E Artificial (rip -rap, concrete, etc.) 11d. [-]Yes ENo Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 161 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. Eyes F�No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. E]No Water F�Other: 12b. Eyes E]No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. El F�Adult frogs El E]Aquatic reptiles El EAquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) El EBeetles El E]Caddisfly larvae (T) El F�Asian clam (Corbicula) El E]Crustacean (isopod/amphipod/crayfish/shrimp) El E]Damselfly and dragonfly larvae El F�Dipterans F-1 E]Mayfly larvae (E) F-1 E]Megaloptera (alderfly, fishfly, dobsonfly larvae) F-1 E]Midges/mosquito larvae F-1 ElMosquito fish (Gambusia) or mud minnows (Umbra pygmaea) F-1 F�Mussels/Clams (not Corbicula) F-1 F�Other fish F-1 F�Salamanders/tadpoles F-1 ESnails F-1 E]Stonefly larvae (P) F-1 F�Tipulid larvae F-1 EWorms/leeches 13. Strearnside Area Ground Surface Condition — strearnside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB FIA F�A Little or no alteration to water storage capacity over a majority of the streamside area FIB F�B Moderate alteration to water storage capacity over a majority of the streamside area EC EC Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Strearnside Area Water Storage — strearnside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the strearnside area. LB RB FIA FIA Majority of streamside area with depressions able to pond water �! 6 inches deep FIB FIB Majority of streamside area with depressions able to pond water 3 to 6 inches deep EC EC Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — strearnside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB Fly QY Are wetlands present in the streamside area? EN EN 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. F�A Streams and/or springs (jurisdictional discharges) EB Ponds (include wet detention basins; do not include sediment basins or dry detention basins) QC Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) F�D Evidence of bank seepage or sweating (iron in water indicates seepage) F�E Stream bed or bank soil reduced (dig through deposited sediment if present) F�F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. F�A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) F�B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) F�C Urban stream (> 24% impervious surface for watershed) ED Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach EE Assessment reach relocated to valley edge F�F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. EA Stream shading is appropriate for stream category (may include gaps associated with natural processes) F�B Degraded (example: scattered trees) DC Stream shading is gone or largely absent 162 19. Buffer Width — strearnside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB EIA EIA EIA F�A 100 feet wide or extends to the edge of the watershed EB EB EB EB From 50 to < 100 feet wide EIC EIC EIC QC From 30 to < 50 feet wide EID EID EID F�D From 10 to < 30 feet wide Ej E Ej E Ej E F�E < 10 feet wide or no trees 20. Buffer Structure — strearnside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB EJA F�A Mature forest EB EB Non -mature woody vegetation or modified vegetation structure EIC QC Herbaceous vegetation with or without a strip of trees < 10 feet wide Ej D F�D Maintained shrubs Ej E F�E Little or no vegetation 21. Buffer Stressors — strearnside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB EIA EIA EIA EIA EIA F�A Row crops EIB EIB EIB EIB EIB F�B Maintained turf EIC EIC EIC EIC EIC QC Pasture (no livestock)/commercial horticulture EID EID EID EID EID F�D Pasture (active livestock use) 22. Stem Density — strearnside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB EA EA Medium to high stem density EIB F�B Low stem density EIC OC No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — strearnside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB EA EA The total length of buffer breaks is < 25 percent. EIB F�B The total length of buffer breaks is between 25 and 50 percent. EIC OC The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — strearnside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB EIA F�A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. EB EB Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing 2-r communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. EIC OC Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. EYes F�No Was conductivity measurement recorded? If No, select one of the following reasons. E]No Water F�Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). EIA < 46 EIB 46to<67 EIC 67 to < 79 ZD 79 to < 230 EJE �! 230 Notes/Sketch: Stream section was relocated to current condition in the 1990's, is a trapezoidal channel/valley with riprap armoring throughout. 163 Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Neverson Quarry Expansion Date of Assessment February 28, 2024 Project Stream Category Pb3 Assessor Name/Organization B. Zarzecki S&EC, Inc. Notes of Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) YES Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent— (1) Hydrology LOW (2) Baseflow HIGH (2) Flood Flow LOW (3) Strearnside Area Attenuation LOW (4) Floodplain Access LOW (4) Wooded Riparian Buffer HIGH (4) Microtopography NA (3) Stream Stability LOW (4) Channel Stability LOW (4) Sediment Transport MEDIUM (4) Stream Geomorphology LOW (2) Strearn/Interticlal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality LOW (2) Baseflow HIGH (2) Strearnside Area Vegetation HIGH (3) Upland Pollutant Filtration HIGH (3) Thermoregulation HIGH (2) Indicators of Stressors YES (2) Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat LOW (3) Baseflow HIGH (3) Substrate LOW (3) Stream Stability LOW (3) In -stream Habitat LOW (2) Stream -side Habitat HIGH (3) Stream -side Habitat MEDIUM (3) Thermoregulation HIGH (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall LOW 164 165