HomeMy WebLinkAboutNCG021036_Application_20240318 FOR AGENCY USE ONLY
NCG021 O 9 -C NT#22080
Assigned to: 6 . C0014—
ARO FRO MRO RRO WARD IR WSRO
Division of Energy, Mineral, and Land Resources Land Quality Section
National Pollutant Discharge Elimination System
NCG020000 Notice of Intent
This General Permit covers STORMWATER AND/OR WASTEWATER DISCHARGES associated with activities under
SIC(Standard Industrial Classification) Code 14[Mineral Mining Industry]except for:peat mining, coal mining,
metal mining, oil and gas extraction, tourist gem mines, NCDOT borrow pits, in-stream sand mining,and
discharges from mining operations which are intermixed on site with stormwater from concrete operations. You
can find information on the DEMLR Stormwater Program at deq.nc.gov/SW.
Directions: Print or type all entries on this application. Send the original,signed application with all required
items listed in Item (9)below to: NCDEMLR Stormwater Program, 1612 MSC,Raleigh,NC 27699-1612. The
submission of this application does not guarantee coverage under the General Permit. Prior to coverage under
this General Permit a site inspection will be conducted.
1. Owner/Operator(to whom all permit correspondence will be mailed):
Name of legal organizational entity: Legally responsible person as signed in Item (10)below:
Sawyer Rivers Sand LLC Julia Tripp
Street address: City: State: Zip Code:
330 Military Cutoff Road, Ste A-2 Wilmington NC 28405-8303
Telephone number: Email address:
910-287-3234/ 910-540-6296 julia@trippsconstruction.com
Type of Ownership:
Government
❑County ❑ Federal ❑ Municipal ❑ State
Non-government
EAusiness(If ownership is business,a copy of NCSOS report must be included with this application)
❑ Individual
2. Industrial Facility(facility being permitted):
Facility name: Facility environmental contact:
Babson Sand Mines Dave Tripp
Street address: City: State: Zip Code:
nearest address 5127 Whiteville Rd. NW Ash I NC 28420
Parcel Identification Number(PIN) County:
10200005 (portion) Brunswick
Telephone number: Email address:
910-540-3229 trippsconstruction@atmc.net
Latitude of entrance: Longitude of entrance:
340 05' 24.31" N -780 32' 46.75"W
4-digit SIC code: Facility is: Date operation is to begin or began:
IR New ❑ Proposed
1442 1 ❑ Existing ASAP
Types of minerals mined at this facility:
❑ Clay ❑ Feldspar Ore ❑ Lithium Ore ❑ Phosphate ❑Soil IR Construction Sand ❑ Industrial Sand
❑ Other:
Page 1 of 11
Is this a processing-only facility for materials mined elsewhere? Is this an inactive mine site?
❑ Yes ❑Yes
5? No IR No
Does total area of this mine site include ready-mixed concrete plant and/or asphalt plant areas?
❑ Yes,and has separate NPDES stormwater permits(provide permit numbers):
❑ Yes,and does not have separate NPDES stormwater permits
R No
Does this facility already have a valid Mining Permit from DEMLR's Land Quality Section?
❑ Yes(please provide the Mining Permit Number)
&No(please indicate the status of the Mining Permit application)
Are you applying for a discharge permit in the same location as a previously permitted mine?
❑ Yes(please provide permit number and mine name)
9 No
If the stormwater discharges to a municipal separate storm sewer system(MS4), name the operator of the MS4:
R N/A
3. Consultant (if applicable):
Name of consultant: Consulting firm:
Joseph K. Bland, P.E. Norris&Tunstall Consulting Engineers P.C.
Street address: City: State Zip Code
1429 Ash-Little River Rd. NW Ash NC 28420
Telephone number: 910-287-5900 Email address:
jbland@ntengineers.com /jbland@nbengr.com
4. Development Activities and Buffers
Mining operation will precede development activities at this site:
R Yes
❑ No
Mine is located within one of the 20 Coastal Counties,and will it add more than 10,000 ft2 of impervious surface:
❑ Yes(to both)
R No,this mine is within one of the 20 Coastal Counties,but will not at more than 10,000 ft2 of impervious surface
❑ No,this mine is not within one of the 20 Coastal Counties
Mine is in the Neuse,Tar-Pamlico,or Catawba River Basins,OR in the Randleman or Jordan Water supply Watersheds?
❑ Yes(specify size of stream buffers)
❑ No
Mine site will include wastewater discharges from a ready-mix concrete batch plant?
❑ Yes(please seek additional coverage under General Permit NCG140000: Ready-Mix Concrete)
2 No
S. Mine Dewatering
Mine dewatering will occur at this site:
5?Yes ❑ No(mark N/A for the rest of this section)
Mine dewatering from this facility will be discharged to:
RSurface Waters and/or Wetlands
❑Other(specify)
❑Mine will not discharge dewatering to Surface Waters and/or Wetlands;specify how dewatering will occur and where
water will be directed:
❑N/A
Page 2 of 11
Are you already proposing a closed-loop recycle system(CLRS)that meets design requirements of 15A NCAC 2T.10000?
❑ Yes,for dewatering
❑ Yes,for process wastewater
❑ Yes,for both
❑ No,this option is technologically feasible(explain)
❑ No,this option is not technologically feasible(explain)
5?No,this option is otherwise feasible(explain) collected water needs to be removed from pit area.
❑No,this option is otherwise not feasible(explain)
What is the feasibility of building a CLRS compared to direct surface water discharge?
Surface or Subsurface Disposal System
❑A surface or subsurface disposal system is technologically feasible(explain)
❑A surface or subsurface disposal system is not technologically feasible(explain)
❑A surface or subsurface disposal system is otherwise feasible to implement(explain)
59 A surface of subsurface disposal system is not otherwise feasible to implement(explain)
collected water needs to be removed from pit area.
What is the feasibility of employing a subsurface of surface discharge as compared to a direct discharge to surface waters?
Direct Discharge to surface waters is the most environmentally sound alternative to all reasonably cost-effective options
for the wastewaters being considered?
tR Yes
1:1 No
If this review included all wastewater discharge types,would excluding some types make any of the above non-discharge
options feasible for some the wastewaters?
❑Yes
S No
7. Outfalls(s)At least one outfall is required to be eligible for coverage.
3-4 digit identifier: Name of receiving water: Classification: ❑This water is impaired.
001 Waccamaw River C;SW ❑This watershed has a TMDL.
Discharge from this outfall is from:
❑Stormwater 9 Mine Dewatering ❑ Process Wastewater
7Q10 Flow of receiving waterbody(if discharging Mine Dewatering or Process Wastewater to waters classified as How,
ORW,Tr,WS-I,WS-ll,WS-III,SA,or PNA):
Discharge occurs from this outfall:
❑ Only during a rainfall event 2Intermittently(indicate how often) ❑Continuously(indicate flow in CFS)
As needed for excavation.
Latitude of outfall: Longitude of outfall:
340 05' 35.26" N -780 33' 05.32" W
Brief description of the industrial activities that drain to this outfall:
Dewatering pump will pump to NCDOT dewatering basin.
Do Vehicle Maintenance Activities occur in the drainage area of this outfall? ❑ Yes 9 No
If yes,how many gallons of new motor oil are used each month when averaged over the calendar year?
3-4 digit identifier: Name of receiving water: Classification: ❑This water is impaired.
002 Waccamaw River C;SW ❑This watershed has a TMDL.
Page 4 of 11
Discharge from this outfall is from:
❑ Stormwater ® Mine Dewatering ❑ Process Wastewater
70.30 Flow of receiving waterbody(if discharging Mine Dewatering or Process Wastewater to waters classified as HQW,
ORW,Tr,WS-1,WS-II,WS-III,SA,or PNA):
Discharge occurs from this outfall:
❑ Only during a rainfall event 59 Intermittently(indicate how often) ❑Continuously(indicate flow in CFS)
As needed for excavation.
Latitude of outfall: Longitude of outfall:
340 05' 30.63" N -780 33' 11.31" W
Brief description of the industrial activities that drain to this outfall:
Dewatering pump will pump to NCDOT dewatering basin
Do Vehicle Maintenance Activities occur in the drainage area of this outfall? ❑ Yes 9 No
If yes,how many gallons of new motor oil are used each month when averaged over the calendar year?
3-4 digit identifier: Name of receiving water: Classification: ❑This water is impaired.
❑This watershed has a TMDL.
Discharge from this outfall is from:
❑ Stormwater ❑ Mine Dewatering ❑ Process Wastewater
7Q10 Flow of receiving waterbody(if discharging Mine Dewatering or Process Wastewater to waters classified as HQW,
ORW,Tr,WS-I,WS-Il,WS-III,SA,or PNA):
Discharge occurs from this outfall:
❑ Only during a rainfall event ❑ Intermittently(indicate how often) ❑ Continuously(indicate flow in CFS)
Latitude of outfall: Longitude of outfall:
Brief description of the industrial activities that drain to this outfall:
Do Vehicle Maintenance Activities occur in the drainage area of this outfall? ❑ Yes ❑ No
If yes,how many gallons of new motor oil are used each month when averaged over the calendaryear?
3A digit identifier: Name of receiving water: Classification: ❑This water is impaired.
❑This watershed has a TMDL.
Discharge from this outfall is from:
❑ Stormwater ❑ Mine Dewatering ❑ Process Wastewater
7Q10 Flow of receiving waterbody(if discharging Mine Dewatering or Process Wastewater to waters classified as HQW,
ORW,Tr,WS-I,WS-Il,WS-III,SA,or PNA):
Discharge occurs from this outfall:
❑ Only during a rainfall event ❑ Intermittently(indicate how often) ❑ Continuously(indicate flow in CFS)
Latitude of outfall: Longitude of outfall:
Brief description of the industrial activities that drain to this outfall:
Do Vehicle Maintenance Activities occur in the drainage area of this outfall? ❑ Yes ❑ No
If yes,how many gallons of new motor oil are used each month when averaged over the calendar year?
3-4 digit identifier: Name of receiving water: Classification: ❑This water is impaired.
❑This watershed has a TMDL.
Discharge from this outfall is from:
❑ Stormwater ❑ Mine Dewatering ❑ Process Wastewater
7Q10 Flow of receiving waterbody(if discharging Mine Dewatering or Process Wastewater to waters classified as HQW,
ORW,Tr,WS-I,WS-II,WS-III,SA,or PNA):
Discharge occurs from this outfall:
Page 5 of 11
❑ Only during a rainfall event ❑ Intermittently(indicate how often) ❑-Conffnuously(indicate flow in CFS) -
Latitude of outfall: Longitude of outfall:
Brief description of the industrial activities that drain to this outfall:
Do Vehicle Maintenance Activities occur in the drainage area of this outfall? ❑ Yes ❑ No
If yes,how many gallons of new motor oil are used each month when averaged over the calendar year?
All outfalls must be listed and at least one outfall is required.Additional outfalls may be added in the section
"Additional Outfalls"found on the last page of this NOI.
8. Other Facility Conditions(check all that apply and explain accordingly):
❑This facility has other NPDES permits. If checked,listthe permit numbers for all current NPDES permits:
❑This facility has Non-Discharge permits(e.g.recycle permit). If checked,list the permit numbers for all current Non-
Discharge permits:
R This facility uses best management practices or structural stormwater control measures.
If checked,briefly describe the practices/measures and show on site diagram: NCDOT dewatering basin
❑This facility has a Stormwater Pollution Prevention Plan(SW PPP).
If checked,please list the date the SW PPP was implemented:
❑This facility stores hazardous waste in the 100-year floodplain.
If checked,describe how the area is protected from flooding:
❑This facility is a (mark all that apply) _
❑ Hazardous Waste Generation Facility
❑ Hazardous Waste Treatment Facility
❑ Hazardous Waste Storage Facility
❑ Hazardous Waste Disposal Facility
If checked,indicate:
Kilograms of waste generated each month: Type(s)of waste:
How material is stored: Where material is stored:
Number of waste shipments per year: Name of transport/disposal vendor:
Transport/disposal vendor EPA ID: Vendor address:
❑This facility is located on a Brownfield or Superfund site
If checked,briefly describe the site conditions:
❑ Facility provides appropriate secondary containment for bulk storage of liquid materials
If checked,briefly describe these measures:
❑ Site has an active landfill within the mining permit boundary
If checked, please indicate type:
a) ❑ LCID(Land clearing and Inert Debris)
b) ❑ other(specify)
Page 6 of 11
9. Required Items (Application will be returned unless all of the following items have been included):
2 Check for$100 made payable to NCDEQ$120
l?Copy of most recent Annual Report to the NC Secretary of State(if applicable)
9 This completed application and any supporting documentation
5?Copy of the approved mining permit or indication of mining permit application status ID process
9 Copy of US Army Corps—approved wetland delineation(if applicable)
S Line drawing of the water flow through the facility or block flow diagram
2 Pictorial description of the nature of any sources of water and any collection and treatment measures
A site diagram showing,at a minimum,existing and proposed:
a) outline of drainage areas
b) surface waters
c) stormwater management structures
d) location of stormwater outfalls corresponding to the drainage areas
e) runoff conveyance features
f) areas where process materials are stored
g) impervious areas
h) site property lines
1�2 copies of large scale(24"x36" minimum)site plan showing:
a) topographical lines
b) all outfall locations
c) applicable buffers and delineated wetlands
d) receiving waters
e) 100-year flood plain (if applicable)
fR Copy of county map or USGS quad sheet with the location of the facility clearly marked
If mines site is in one of the 20 Coastal Counties (if applicable)
9 Applicant has check with the appropriate regional office to verify the need for a Coastal State Stormwater permit.
a) Indicate the Regional Office Contact: _
&Detailed list of:
a) impervious surface areas and percentages
b) sub-drainage areas No proposed impervious surfaces.
c) total drainage area
If mine is dewatering and near wetlands,or may otherwise impact surface waters or groundwater
5?2 copies of large scale(24"x36" minimum)plans delineating areas on the listing acreage including:
a) wetlands
b) ditches N/A
c) well-placements
d) pits
e) borrow areas N/A
f) overburden storage
g) stormwater controls/BMPs
h) vehicle maintenance areas
1) settling basins
j) product process(such as screening,stockpiles,and waste piles)
k) total drainage area
1) impervious surface percentages(if state stormwater programs apply)
m) applicable buffers
n) access and/or haul roads
5?Pump dewatering size and information on its specifications
Page 7 of 11
11 Well Information(design,depths,maintenance)WA
19 Physical monitoring for the wetland areas
19 SeUeng pad sae idormafion,if applicable
11 Level spreader design,if applicable WA
IR Deters abort dewrahwft method
13 Cone of influence ca{ndaUons
®Description of measures to prevent erosion and flooding
EI Description and idombation about 4W4M permits that have been obtained WA
19 Copy of US Army Corps of Engineers wetlands delineations or approved wetland delineation(if applicable)
®1 have contacted my local regional office about a Pumping Operation and Monitoring(POM)plan
a) Regional Office Contact:
b) Date Contacted:
10.Applicant Certification:
North Carolina General Statute 143-215.68(i)provides that Any person who knowingly makes any fake statement,
representation,or certification in any application,record,report,plan,or other document filed or required to be maintained
under this Article m a rule implementing this Article...shall be guilty of a Class 2 misdemeanor which may include a fine not
to exceed ten thousand dollars($10,000).
Under penally of law,I certify that.- .,.....^ ^.
!dam the person responsible for the 'mid industrial activity,for satisfying the requirements of this permit,and for any
civil or criminal penalties' to violations of this permit
Mthe information NOI is,to the best of my knowledge and belief,true,accurate,and complete based on
Wei inq y of the or persons who manage the system,or those persons directly responsible for gathering the
I vvA a6i 'by ore mndiLYe> 20000 permit 1 understand that cove age under this permit wil I ro stituite the
� �rifrwr the discharge(s)and is eedoroet.Mm the same manner as an indtvil permit.
'�I 1 hereby request covera��g]]e under the
MCCG020000 General Permit.
Printed Name of Appecantf CUUI Gf IJa'-ye T✓7 n
io
Title: I , &C'O' �V'2(
(Signature of Applicant (Date Signed)
Mail the entire package to: DEMLR—Stormwater Program
Department of Environmental Quality
1612 Mail Service Center
Raleigh,NC 27699-1612
Page a of 11
\ RECEIVED
J. Phillip Norris, P.E. MAR g IU2l Joseph K. Bland, P.E.
pnorris@nbengr.com NORRIS & BLAND jbland@nbengr.com
910-287-5900 - CONSULTING ENGINEERS, P.C. - 910-287-5900
1429 Ash-Little River Road NW, Ash, NC 28420
www.nbengr.com
March 14, 2024
Via Federal Express
NCDEQ — Stormwater Program
512 N. Salisbury St., Office 640K
Raleigh, NC 27604
Re: Notice of Intent General Permit for Dewatering Submittal
Babson Sand Mine
Brunswick County, NC
NIT Project No. 22080
Dear Reviewer,
In connection with the subject project, please find enclosed the following:
• Processing Fee $120.00 (Sawyer Rivers Sand LLC Check No 5006 )
• NCSOS / Consent to Action
• Original NPDES NCG020000 Notice of Intent
• One (1) Dewatering Calcs
• One (1) USGS map
• One (1) POM Plan
• One (1) USACE- SAW-2023-00588
• Two (2) Sets of plans
Please review this information for approval and contact us with any questions or comments you
may have. Thank you for your assistance with this project.
Sincerely,
NORRIS & BLAND
CONSULTING ENGINEERS, P.C.
L vK iUa'ka /'nL�
Jo ph K. Bland, P.E.
JKB/ttw
22080 03-14-24 s sw Itr-dewatering
cc: Julia Tripp
NCBELS License C-5102
DEWATERING CALCULATIONS
For
BABSON SAND MINES
Brunswick County, North Carolina
For
Sawyer Rivers Sand LLC
330 Military Cutoff Road, Ste A-2 Wilmington NC 28405-8303
Julia Tripp/ 910-287-3234 / julia@trippsconstruction.com
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Prepared by:
NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C.
1429 Ash-Little River Road
Ash, North Carolina 28420
(910) 287-5900/jbland@ntengineers.com
License # C-3641
N&T Project# 22080
Dewatering Basin Design 'items In red are inputs
Version 2.27.09
"S4e volume of the borrow pit dewatering basin will W Wmed tart a 2 haur retention time.Usfro t ,f±•, . `..
'✓w&0203*Q s It where,V is volume in cubic feet,Q is the pump rate)in gallons per minute
the retention time in hauls.The pump rate is not to exceed 1,000 GPM(60,000 GPH),
STEP 1: Input required variables The volume of the borrow,pit dewatering basin
Pump Rate: 200 GPM will be based on a 2 hour retention tame.The
Retention Time: 7. hours pump rate shall not exceed 1,000 GPM (60,000
GPN), The contraetormay desire a greater
Required Volume: 320$.12 ft3 retention time for managing turbidity;
however,work associated with this increased
volume will be considered inrcidental.
STEP 2: Design of the Dewatering Basin
Final Required Volume: 3208.12 ft3
Design Depth: 3 not to exceed 3 feet
Proposed Basin Side Slopes: 2.0 :1 side slopes `must be at least 1.5:1 or flatter
OPTIONS
2:1 L 3:1 L:
Suggested To Width ft: 24 19
Suggested Top Length (ft): 48 57
Final Design Top Width (ft):
Final Design Top Length ft: 112 138
Final Design Depth(it): 3 3
Verify storage(ft) 15936.00 15876.00
OK OK
The dewatering basin shall be designed in accordance with the Borrow Pit
Dewatering Basin Detail Drawing.
Comments:
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Lets Solve Water
Godwin / •
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The Godwin CD100S Dri-Prime pump is a versatile,general purpose I
dewatering pump designed foruse inthe industry's mostchallenging
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This rugged pump is ideally suited for tough dewatering jobs,and is the
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The CD100S is a member of the Godwin S Series of Smart pumps,
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Specifications Features and benefits
Suction connection 4 in(100 mm)flange Interchangeable impellers to Fully automatic priming from
Delivery connection 4 in(100 mm)flange tackle a full range of solids dry to 28 feet(8.5 meters).
handling applications. Venturi priming requires no
Max capacity 1,079 USGPM t P 9 9
(245m3/hr) Field Smart Technology(FST) adjustmentor control.
Maxim impeller 10.0in allows the user to monitor
P &control the pump from Available as open set. Sound
Max solids handling 1 �'<in(45 mm) anywhere in the world. Attenuated Enclosure.
Max operating temp 176 eF•(80 eC) • Standard build engine
Max working pressure 68 psi(4.7 bar) New compressor belt tensioner 3TNV88F(EPA Final Tier 4).
reduces time to change and
Max suction pressure 58 psi(4.0 bar) adjust belt to approximately 30 Other engine options available.
Max casing pressure 103 psi(7.1 bar) minutes.
• Optional environmentally
Max operating speed 2200 m
P 9 s P .,....,.,,,,rpm
........... ...... New sight glass and measuring friendly skid base contains all
-Please contact our office for applications in excess of 1764F(80°CL stick added to monitor level fluid spills.
t Larger diameter pipes may be requited for maximum flows. and quality Of mechanical seal
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• Improved hydraulic design
reduces vibration,maximizes
efficiency and fuel economy.
godwin ®
a xylem brand
Godwin CD100S Dri-Prime' Pump
Performance curve Suction lift table 1800 rpm
Pump cury one is based 0 It dynamic suction lift Performance data provided in tables is based on water tests at sea
Flow(ms/hr) level and 6VF ambient.Ail Information is approximate and for general
¢ 3U aD be 60 1W 1" 10 IM IN tae ]ie Sae 2 0 ]ae ry 10 guidance only.Please contact the factory or office for further details.
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Cuei,4T 'tb Trlu .i Open trailer
E Tl;.r9 �WU i Fuel capacity 30 US Gal(114 Liters)
-A,n£ DS )4dO6) Weight dry 1,930 lb(875 kg)
p,� Weight wet 2,150 Ib(975 kg)
�� Z��i"' Dimensions L 102 in x W 54 in x H 70 in
n1�cte (L2,591 mm x W 1.372 mm x H 1,778 mm)
.d.on....the..Y anma...r.3TN. .Ve8F...............................
Information provided shove is base
Sound attenuated enclosure
Noise @ 23 ft(7 m)67 db(A)
�_— Fuel capacity 80 US Gal(303 Liters)
Weight dry 2,670 lb(1,211 kg)
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Weight wet 3,250 lb(1,474 kg)
Dimensions L 82 in x W 47 in x H 65 in
(L 2,083 mm x W 1,194 mm x H 1,651 mm)
..........................
Ir�iormation provt�ed above is based on the Vanmar 3TNVB8F.
Driver Power Energy Use Emissions
Materials 1800 RPM Rating
Pump casing Cast Iron BS EN 1561/EN- 1 Yanmar 3TNV88F 24 HP 1.0 US Gal/hr EPA FT4
JL1030
Wearplates Cast Iron BS EN 9561/EN-
2 Yanmar 3TNV88C 35 HP 1.2 US Gal/hr EPA FT4
JL1030 3 Yanmar 3TNV88BDSA 36 HP 1.2 US Gal/hr EPA iT4
Pump shaft Carbon steel BS970:1991 4 Caterpillar C1.5T 40 HP 1.5 US Gal/hr EPA iT4
817M40T 5 Electric motor 20 HP 24.1 A
.................. ..........................................................................
Impeller Cast Steel B53100 AS Hardness Please contaRthefactory oro�cefor furtherd¢tails.Atypical picture
to 200 HB Brinell ofthe pump isshown.All information isapproximate and forgeneral guidance oniy.Consultthe
Mechanical seal faces Silicon carbide Vs Silicon factory for other driver options.
carbide
... ..................................................................................................
Specifications and illustrations are subject to revision without notice.Xylem makes no
representation regarding the completeness or accuracy of this information and is not liable for
xylem any direct or Indirect damages arising from or relating to this information or its use.
02019 Xylem.All rights reserved.Godwin is a tademark of Xylem Dewatering Solutions,inc.,
Let's Solve Water www,xylem.corn/godwin a wholly-owned subsidiary of Xylem Inc.
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PUMPING OPERATION & MONITORING PLAN
BABSON SAND MINES
Brunswick County, North Carolina
For
Sawyer Rivers Sand LLC
330 Military Cutoff Road, Ste A-2 Wilmington NC 28405-8303
Julia Tripp/ 910-287-3234 / julia@trippsconstruction.com
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Prepared by:
NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C.
1429 Ash-Little River Road
Ash, North Carolina 28420
(910) 287-5900/jbland@ntengineers.com
License # C-3641
N&T Project# 22080
Pumping Operation & Monitoring Plan
BABSON SAND MINES
PUMP SPECIFICATIONS
The selected pump will be the following:
• 4" Godwin Diesel
MONITORING OF WETLAND AREAS
Sediment discharge sampling per General Permit No. NCG020000
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic
of the volume and nature of the permitted discharge. Analytical sampling shall be
performed during a measurable storm event. Samples shall be taken on a day and time
that is characteristic of the discharge. All samples shall be taken before the discharge
joins or is diluted by any other waste stream, body of water, or substance. Monitoring
points as specified in this General Permit shall not be changed without notification to
and approval of the Permit Issuing Authority [40 CFR 122.41(j)].
Recording Results
For each measurement or sample taken pursuant to the requirements of this
General Permit, the permittee shall record the following information [40 CFR
122.41]:
• The date, exact place, and time of sampling or measurements;
• The individual(s) who performed the sampling or measurements;
• The date(s) analyses were performed;
• The individual(s) who performed the analyses;
• The analytical techniques or methods used; and
• The results of such analyses.
Flow Measurements
Where required, appropriate flow measurement devices and methods
consistent with accepted scientific practices shall be selected and used
to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting
Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the
Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this General Permit, all test procedures
must produce minimum detection and reporting levels and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no
approved methods are determined capable of achieving minimum detection and
reporting levels below the General Permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved
method must be used.
Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater
discharges that are required to be sampled, the permittee may petition the Director for
representative outfall status. If it is established that the stormwater discharges are
substantially identical and the permittee is granted representative outfall status, then
analytical sampling requirements may be performed at a reduced number of outfalls.
Records Retention
Visual monitoring shall be documented and records maintained at the facility along with
the Stormwater Pollution Prevention Plan (SPPP). Copies of analytical monitoring
results shall also be maintained on-site or be available electronically to a DEMLR
inspector upon request. The permittee shall retain records of all monitoring information,
including
• All calibration and maintenance records
• All original strip chart recordings for continuous monitoring instrumentation
• Copies of all reports required by this General Permit, including Discharge
Monitoring Reports (DMRs) and eDMR or other electronic DMR report
submissions
• Copies of all data used to complete the Notice of Intent to be covered by this
General Permit
These records or copies shall be maintained for a period of at least 5 years from the
date of the sample, measurement, report or Notice of Intent application. This period may
be extended by request of the Director at any time [40 CFR 122.41].
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a
facility which discharges through a municipal separate storm sewer system, an
authorized representative of a municipal operator or the separate storm sewer system
receiving the discharge, upon the presentation of credentials and other documents as
may be required by law, to:
• Enter upon the permittee's premises where a regulated facility or
activity is located or conducted, or where records must be kept under
the conditions of this General Permit;
• Have access to and copy, at reasonable times, any records that must
be kept under the conditions of this General Permit;
• Inspect at reasonable times any facilities, equipment (including
monitoring and control equipment), practices, or operations regulated
or required under this General Permit; and
• Sample or monitor at reasonable times, for the purposes of assuring
permit compliance or as otherwise authorized by the Clean Water
Act, any substances or parameters at any location [40 CFR
122.41(i)].
Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this General Permit shall be
recorded on Discharge Monitoring Report (DMR) forms provided by the Director or
submitted electronically to the appropriate authority using an approved electronic DMR
reporting system (e.g., eDMR). Annual Summary DMRs shall be delivered to the
Division (Central Office) no later than March 1 of each year (See 2. of this section).
In addition, any samples analyzed in accordance with the terms of this permit that
violate a wastewater effluent limit or exceed a stormwater benchmark value shall be
submitted to the Division Regional Office on a DMR form and delivered to the Division
Central Files no later than 30 days from the date the facility receives the sampling
results from the laboratory. DMR forms are available on the Division's website
(http://portal.ncdenr.org/web/ir/npdes-stormwateE). Regardless of the submission
method (paper or electronic), submittals shall be delivered to the Division, or
appropriate authority, according to the provisions above.
When no discharge has occurred from the facility during the report period, the permittee
is required to submit a discharge monitoring report, within 30 days of the end of the
specified sampling period, giving all required information and indicating "NO FLOW' as
per NCAC T15A 02B .0506.
If the permittee monitors any pollutant more frequently than required by this General
Permit using test procedures approved under 40 CFR Part 136 and at a sampling
location specified in this General Permit or other appropriate instrument governing the
discharge, the results of such monitoring shall be included in the data submitted on the
DMR.
The permittee shall record the required qualitative monitoring observations on the SDO
Qualitative Monitoring Report form provided by the Division and shall retain the
completed forms on site. Qualitative monitoring results should not be submitted to the
Division, except upon DEMLR's specific requirement to do so. Qualitative Monitoring
Report forms are available at the website above.
Submittinq Reports
Two signed copies of the Annual Summary Discharge Monitoring Report (DMR) shall be
submitted no later than March 1 of each year to DWR Central Files (not DEMLR):
Central Files
Division of Water Resources
(DWR) 1617 Mail Service
Center
Raleigh, North Carolina 27699-1617
If wastewater monitoring results indicate a wastewater effluent limit violation, a
signed DMR form for that monitoring period shall be sent to the appropriate DEMLR
Regional Office (Attn: Stormwater Permitting Program) no later than 30 days from the
date the facility receives the sampling results from the laboratory.
If stormwater monitoring results indicate a stormwater benchmark value exceedance
or the facility is in Tier 2 monitoring, a signed DMR form for that monitoring period
shall be sent to the appropriate DEMLR Regional Office (Attn: Stormwater Permitting
Program) no later than 30 days from the date the facility receives the sampling
results from the laboratory. All stormwater outfall parameters shall be monitored and
reported for any monitoring period that the facility is following a Tier 2 response.
Addresses for each RO and the counties covered by each RO can be found here:
hftp://portal.ncdenr.org/web/guest/regional-offices. The permittee shall retain the
completed originals on site. Visual (Qualitative) monitoring results should not be
submitted to the Division unless specifically requested.
Blank DMR forms, Annual Summary DMR forms, and visual monitoring forms are
available at the website of the Division's Stormwater Permitting Program:
http://portal ncdenr orq/web/ir/npdes-stormwater
The Permit Issuing Authority may require the permittee to begin reporting monitoring
data electronically during the term of this permit. The permittee may be required to use
North Carolina's eDMR internet application for that purpose. Until such time that the
state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting
Regulation (CROMERR), permittees will be required to submit all discharge monitoring
data to the state electronically using eDMR and will be required to complete the eDMR
submission by printing, signing, and submitting one signed original and a copy of the
computer printed eDMR to the address above.
Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of the Division. As required by the
Act, analytical data shall not be considered confidential. Knowingly making any false
statement on any such report may result in the imposition of criminal penalties as
provided for in NCGS 143-215.613 or in Section 309 of the Federal Act.
Non-Stormwater Discharges
If the storm event monitored in accordance with this General Permit coincides with a
non- stormwater discharge, the permittee shall separately monitor all parameters as
required under all other applicable discharge permits and provide this information with
the stormwater discharge monitoring report.
Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned
changes at the permitted facility which could significantly alter the nature or quantity of
pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes
pollutants which are not specifically listed in the General Permit or subject to notification
requirements under 40 CFR Part 122.42 (a).
Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes at the
permitted facility which may result in noncompliance with the General Permit [40 CFR
122.41(I)(2)].
Spills
The permittee shall report to the local DEMLR Regional Office, within 24 hours, all
significant spills as defined in Part VI of this General Permit. Additionally, the permittee
shall report spills including:
• Any oil spill of 25 gallons or more, any spill regardless of amount that
causes a sheen on surface waters, any oil spill regardless of amount
occurring within 100 feet of surface waters, and any oil spill less than
25 gallons that cannot be cleaned up within 24 hours.
Bypass
Notice [40 CFR 122.41(m)(3)]:
• Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the
bypass; including an evaluation of the anticipated quality and effect of the
bypass. - —
• Unanticipated bypass. The permittee shall submit notice within 24 hours of
becoming aware of an unanticipated bypass.
Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall
be provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of
the noncompliance [40 CFR 122.41(I)(6)].
• The Director may waive the written-report on a case-by-case basis for reports
under this section if the oral report has been received within 24 hours.
• Occurrences outside normal business hours may also be reported to the
Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or
(919) 733-3300.
Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour
reporting at the time monitoring reports are submitted [40 CFR 122.41(I)(7)].
Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a
Notice of Intent to be covered under this General Permit, or submitted incorrect
information in that Notice of Intent application or in any report to the Director, it shall
promptly submit such facts or information [40 CFR 122.41(1)(8)].
DEWATERING METHOD
Water will be discharged to the nearby wetlands. Mining will begin towards the back of
the property and work its way to the front. Pump locations have been shown on the
plans.
Mine Area 1
• Place the portable pump at proposed location designated on the plans.
• Mine Area 30
o Pump water into the existing wetlands
Mine Area 2
• Place the portable pump at proposed location designated on the plans.
• Mine Area 3B
o Pump water into the existing wetlands.
EROSION AND FLOOD PREVENTION
Silt fence will be installed along project boundaries and the haul road where wetlands
are immediately adjacent. Other measures will be implemented as deemed necessary.
0�-aaaa6
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-00588 County: Brunswick County
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Noah Dean
SEGI
Address: 5315 South College Road,Suite E
Wilmington,NC 28412
Telephone Number: (910)515-8008
Email Address: NdeanAsegi.us
Size(acres) 41.8 Nearest Town Ash,NC
Nearest Waterway Waccamaw River River Basin Lower Pee Dee
USGS HUC 03040206 Coordinates Latitude:34.09158 Longitude:-78.55376
Location description: This 41 8-acre site is located on Pine Haven Lane NW in Ash,Brunswick County,NC(Parcel ID:
10200005)
Indicate Which of the Following Apply:
A. Preliminary Determination
X There appear to be waters including wetlands on the above described property, that may be subject to Section 404 of the
Clean Water Act(CWA)(33 USC 4 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC 4 403). The
waters including wetlands have been delineated and the delineation has been verified by the Corps to be sufficiently
accurate and reliable Therefore this preliminary jurisdiction determination may be used in the permit evaluation
process including determining compensatory mitigation For purposes of computation of impacts compensatory
mitigation requirements and other resource protection measures a permit decision made on the basis of a preliminary JD
will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are
jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Reaulatory
Program Administrative Appeal Process(Reference 33 CFR Part 331). However,you may request an approved JD,
which is an appealable action by contacting the Corps district for further instruction.
_ There appear to be waters, including wetlands, on the above described 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). The
waters,including wetlands, have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,including
determining compensatory mitigation. For purposes of computation of impacts,compensatory mitigation requirements,and other
resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part
331). However,you may request an approved JD,which is an appealable action,by contacting the Corps district for further
instruction.
_ There appear to be waters,including wetlands, on the above described 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 overall 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 of the U.S.,including wetlands, on your 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.
Page 1 of 2
SAW-2023-00588
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act(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.
There are waters of the U.S.,including wetlands, on the above described property subject to the permit requirements of Section
404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in law or our published regulations,this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S.,including wetlands, on your 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.
_ The waters of the U.S.,including wetlands, on your property have been delineated and the delineation has been verified by
The Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and
verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which,unless there is a change in law or our published regulations,may be relied upon for a period not to exceed
five years from the date of this notification.
_ The waters of the U.S.,including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on .Unless there is a change in law or our published
regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S.,to include wetlands,present on the above described property which are subject to e permit
requi th
rements of Section 404 of the Clean Water Act(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.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City,NC,at(252)808-2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US,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 Gary Beecher at(910)251-4694 or
Ga rv.H.Beecher(a),usace.armv.mil.
C. Basis For Determination: N/A.An Approved JD has not been completed.
D. Remarks: A site visit was conducted by Gary Beecher(USACE)and Noah Dean(SEGI)on November 8 2023
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request.This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985,as amended.If you or your tenant are USDA program participants,or anticipate participation in USDA programs,you should
discuss the applicability of a certified wetland determination with the local USDA service center,prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B.above)
If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
SAW-2023-00588
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.SHANNIN@USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal
under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form,it must be received at the above address by N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Digitally signed by Gary H.
Gary H. Beecher Beecher
Corps Regulatory Official: Date:2023.11.13 09:52:56-05'00'
Date of JD: November 13,2023 Expiration Date: 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
httos://reeulatory_oi)s.Ltsace.almy.mil/customer-service-survey/.
Copy Furnished via email to:
Owner:
Kenneth&Dwight Babson
5233 Whiteville Road NW
Ash,NC 28420-3717
(910)540-6296
Julia(j�trippconstruction.com
SAW-2023-00588
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Noah Dean SEGI File Number: SAW-2023-00588 Date: Nov 13, 2023
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
PROFFERED PERMIT Standard Permit or Letter ofpermission) B
PERMIT DENIAL WITHOUT PREJUDICE C
PERMIT DENIAL WITH PREJUDICE D
APPROVED JURISDICTIONAL DETERMINATION E
X PRELIMINARY JURISDICTIONAL DETERMINATION F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace army mil/Missions/Civil-Works/Regulatory-Prooram-
and-Permits/a eats/or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district
engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you
accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and
conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit(Standard or LOP) because of certain terms and conditions therein,
you may request that the permit be modified accordingly. You must complete Section II of this form and
return the form to the district engineer. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address
some of your objections, or(c) not modify the permit having determined that the permit should be issued
as previously written. After evaluating your objections, the district engineer will send you a proffered
permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district
engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you
accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and
conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This
form must be received by the division engineer within 60 days of the date of this notice.
C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local authorization
and/or certification has been denied for activities which also require a Department of the Army permit before
final action has been taken on the Army permit application. The permit denial without prejudice is not
appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit
application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a
previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial
You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
SAW-2023-00588
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide
new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps
within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all
rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer. This form must be received by the division engineer within 60 days of the date of this
notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that justifies
reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You
may submit a request for appeal to the division engineer to preserve your appeal rights while the district is
determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable.
If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for
further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate
the JD.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you If you have questions regarding the appeal process, or
may contact: to submit your request for appeal, you may contact:
District Engineer, Philip Shannin
Wilmington Regulatory Division, Regulatory Appeals Review Officer
Attn: Gary Beecher South Atlantic Division
69 Darlington Avenue 60 Forsyth St SW, Floor M9
Wilmington, North Carolina 28403 Atlanta, Georgia 30303-8803
Philip.A.Shannin2(cDusace.army.mil
404-562-5136
SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
SAW-2023-00588
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. You
may attach additional information to this form to clarify where your reasons or objections are addressed in the
administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the
Corps may add new information or analyses to the record. However, you may provide additional information
to clarify the location of information that is already in the administrative record.
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process.
You will be provided a 15-day notice of any site investigation and will have the opportunity to participate in all
site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent: Telephone number:
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 11/13/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Noah Dean(SEGI)for Dwight Babson,5233
Whiteville Road,Ash,NC 28420-3717
C. DISTRICT OFFICE, FILE NAME,AND NUMBER: Wilmington District,Babson Mine,SAW-2023-00588
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:Pine Haven Lane NW
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State:NC County:Brunswick City:Ash
Center coordinates of site (lat/long in degree decimal format):Latitude:34.090999 Longitude:78.553392
Universal Transverse Mercator:
Name of nearest waterbody:Waccamaw River
E. REVIEW PERFORMED FOR SITE EVALUATION(CHECKALL THAT APPLY):
❑ Office (Desk) Determination. Date:
®Field Determination. Date(s):November 8, 2023 with Noah Dean(SEGI)
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of Type of aquatic Geographic authority to
aquatic resources in which the aquatic.resource
Site Number Latitude(decimal Longitude(decimal review area(acreage resources(i.e., "may be"subject(i.e.,
degrees) degrees) and linear feet,if wetland vs.non- Section 404 or Section
applicable wetland waters) 10/404)
PNWWUS 34.089885 78.554390 419LF Non-wetland Section404
water
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non-reporting NWT or other general permit, and the permit applicant has
not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2)the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AID
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7)whether the applicant elects to use either an AID
or a PJD,the JD will be processed as soon as practicable. Further, an AID, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD(check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
®Maps, plans, plots or plat submitted by or on behalf of the PJD requester:Field Sketch
Map: Field Sketch
®Data sheets prepared/submitted by or on behalf of the PJD requestor.
®Office concurs with data sheets/delineation report.
❑Office does not concur with data sheets/delineation report. Rationale:
❑Data sheets prepared by the Corps:
❑Corps navigable waters'study:
❑U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
®U.S.Geological Survey map(s).Cite scale&quad name: 1:24k Ash
®Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Brunswick County
❑National wetlands inventory map(s). Cite name:
❑State/local wetland inventory map(s):
❑FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ®Aerial (Name & Date): 2020 NC CGIA Othoimaeery
or[-]Other(Name&Date):
❑Previous determination(s). File no. and date of response letter:
®Other information(please specify):November 8, 2023 Site visit&Lidar Mans
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Digitally signed by Gary H.
Gary H. Beecher Beecher ,
Date:2023.11.13 09:53:34-05'00'
Signature and date of Regulatory
staff member completing PJD Signature and date of person requesting PJD
11/13/2023 (REQUIRED, unless obtaining the signature is
impracticable)'
Districts may establish dmeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.
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an Amended a Annual Report form
Limited Liability Company
Legal Name
Sawyer Rivers Sand LLC
Information
Sosld: 2726891
Status: Current-Active O
Date Formed: 10/20/2023
Citizenship: Domestic
Annual. Report Due Date: April 15th
Currentgnnuat Report Status:
Registered Agent: GM Entity Services Inc.
Addresses
Reg Office Reg Mailing
330 Military Cutoff Road, Ste A-2 330 Military Cutoff Road, Ste A-2
Wilmington, NC 28405-8303 Wilmington, NC 28405-8303
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
CONSENT TO ACTION TAKEN IN LIEU OF MEETING
SAWYER RIVERS SAND, LLC
The undersigned,being all the Members and Managers of Sawyer Rivers Sand,LLC, a North Carolina
limited liability company (the "Company"), hereby consent to and ratify the action taken without a
meeting is hereafter stated.
BE IT HEREBY:
RESOLVED, that the Articles of Organization was filed on the 20`" day of October 2023 with the
Secretary of State of the State of North Carolina.
RESOLVED, that the Company has the following members: Harold Dave Tripp, and Julia Fort
Tripp.
RESOLVED, that the Company has the following Managers: Harold Dave Tripp, and Julia Fort
Tripp.
RESOLVED,the undersigned,being the all the members and managers of Sawyer Rivers Sand, LLC,
a North Carolina limited liability company, all attending a Company meeting virtually and/or
telephonically on January 15, 2024, in order to discuss and approve this Resolution.
RESOLVED, the undersigned, being the all the members and sole manager of Sawyer Rivers Sand,
LLC, a North Carolina limited liability company, adopts the following resolution by signing the
written consent thereto:
RESOLUTION GIVEN TO HAROLD DAVE TRIPP TO SIGN ON BEHALF OF
SAWYER RIVERS SAND,LLC,A NORTH CAROLINA LIMITED LIABILITY
COMPANY;
Harold Dave Tripp is a company officer of SAWYER RIVERS SAND,LLC;
Harold Dave Tripp has signatory authority to sign on behalf of SAWYER RIVERS
SAND,LLC;
RESOLVED,Harold Dave Tripp and the other members and managers believe it is in the best interest
of the Company to apply for certain tract mines concerning real property referenced in certain North
Carolina Department of Environmental Quality application, incorporated herein by reference.
i
RESOLVED, all members believe it is in the best interest of the Company for Harold Dave Tripp to
apply on behalf of Sawyer Rivers Sand, LLC,a North Carolina limited liability company.
I
RESOLVED, all members understand that time is of the essence in the execution of this transaction(s).
i
Resolution of Sawyer Rivers Sand,LLC
Page 1 of 3
RESOLVED,that the Company accepts said Resolutions.
RESOLVED, that Harold Dave Tripp has authority to sign documents on behalf of SAWYER
RIVERS SAND, LLC,including but not limited to a settlement statement, applications,Deed, etc..
[Signature Pages to Follow]
Resolution of Sawyer Rivers Sand,LLC
Page 2 of 3
CERTIFY,this document was memorialized as of the date in which each party affixed below.
AND FURTHER,that the signing hereof shall constitute full ratification thereof and waiver of notice as
may be otherwise required by law.
MANAGER:
tv k (SEAL)
Harold Davve TTripp Date
f^�r (SEAL) t i : 1z,4
j tlia Fort Tripp Date
MEMBERS:
�fl"Q (SEAL) t� (z4
Harold Dave Tripp Date
(SEAL) t 1 -zy
J is Fort Tripp Date
Resolution of Sawyer Rivers Sand, LLC
Page 3 of 3