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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 $120.00 (Sawyer Rivers Sand LLC Check No 5006 ) • NCSOS / Consent to Action • Original NPDES NCG020000 Notice of Intent • One (1) Dewatering Calcs • One (1) USGS map • One (1) POM Plan • One (1) USACE- SAW-2023-00588 • Two (2) Sets of plans Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance with this project. Sincerely, NORRIS & BLAND CONSULTING ENGINEERS, P.C. L vK iUa'ka /'nL� Jo ph K. Bland, P.E. JKB/ttw 22080 03-14-24 s sw Itr-dewatering cc: Julia Tripp NCBELS License C-5102 DEWATERING CALCULATIONS For BABSON SAND MINES Brunswick County, North Carolina For Sawyer Rivers Sand LLC 330 Military Cutoff Road, Ste A-2 Wilmington NC 28405-8303 Julia Tripp/ 910-287-3234 / julia@trippsconstruction.com G `z ENV- ` p0r020 j quuiu uuo. Prepared by: NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. 1429 Ash-Little River Road Ash, North Carolina 28420 (910) 287-5900/jbland@ntengineers.com License # C-3641 N&T Project# 22080 Dewatering Basin Design 'items In red are inputs Version 2.27.09 "S4e volume of the borrow pit dewatering basin will W Wmed tart a 2 haur retention time.Usfro t ,f±•, . `.. '✓w&0203*Q s It where,V is volume in cubic feet,Q is the pump rate)in gallons per minute the retention time in hauls.The pump rate is not to exceed 1,000 GPM(60,000 GPH), STEP 1: Input required variables The volume of the borrow,pit dewatering basin Pump Rate: 200 GPM will be based on a 2 hour retention tame.The Retention Time: 7. hours pump rate shall not exceed 1,000 GPM (60,000 GPN), The contraetormay desire a greater Required Volume: 320$.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: i I i 3 y Jill yT�yT� yy g . .:g ?g1 p 15415 � F@a � m$m� me 5� �ppy��a� em (e) 9 4 z qa 'flip i.N N Jill lij Igo >, mj!� 1 J�qja � a ev.gg 1 1 � 9 1$o11 O 31 8 r ..o � a m g � Z z [14 s 8 � m N Xy I e m Lets Solve Water Godwin / • i { The Godwin CD100S Dri-Prime pump is a versatile,general purpose I dewatering pump designed foruse inthe industry's mostchallenging construction,municipal,industrial and emergency response applications. This rugged pump is ideally suited for tough dewatering jobs,and is the reliable choice for rental solutions. The CD100S is a member of the Godwin S Series of Smart pumps, equipped with a new generation of Field Smart Technology(FST)for remote monitoring and control.In addition to improved hydraulic efficiency,greater fuel economy,and streamlined serviceability,the CD impeller is interchangeable with a Flygt N Technology non-clog impeller, providing the flexibility to tackle stringy,modern wastewater applications with the same pump. 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 Oil. • 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. toIQ 3p0 co as .o Total Total Delivery Head(feet) 120 ex suction V 110 33 Head 13 1 26 1 39 1 52 1 66 3 ro a 30 coo (feet) Output(USGPM) T 0 1+ea 3e g 10 62fl 574 1 509 1 427 328 50 a� 15 623 558 476 377 262 a 3e 3 ' 10 20 591 525 1 443 1 344 230 ]o + 1e I 3 25 574 492 410 295 164 e 0 0 ase sro ]s9 100D 1250 Flow(USGPM) 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) a 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. =11(�/�(� U z.DEFRRI.T of THE 1XTEP R ' FPEEUND QUMMNGU u••SGS �,««a��uLX�a�E. X3USTopo IT IAI _ �' war �„,✓C``y—c�-��- --.`q'-=" - l�� � ''fig.. - _.., / � ^�, :I u T F m x e \: vo ter""" I V r �� .Y - Vj- �,.✓`- I `�� i \�n� a S"--r ,fir J"` �>� ���'� �✓ ,�_ ?��'1 ,--��:, ?�.. n,n. m xune qnn u.we fumo•.Wn�iw-.r YPLE,,31 Pn ve�•.uws.n...ww nae...• e, � ••mv � _ ® w • <rtw im �m .s ® a .m .ve v am n- u mm •m ® rm .._...e � am .-. � "• �.^+� n � �ea•n•n.,rs• ..•� �z°w •^m_ w:�.......un.infix• x®..smu�...en,�.n.n xwwn. v s _ sse.we - F0.fE o 6U,XC __a 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 z; SE o�u��:Via; ' 'punueeP"` 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. 4 \M l R1 e �c A �l 1 f t O Pcope y Line 0 ft 1000 ft 2000 ft 3007ft Vicinity Map Babson Mine Hasp source:ESRI Street Map Ash,Brunswick Co.,N.C. 09/30/2022 022-094.01 SEG y' ! �'.. a/'.�ra �,.• s �" - y �t ��, �v..wy.:r �M°:. is Sys. '� `y fr7; y, 'E... +-cam F _rY}'3 �Cp`\rIy4! �► *ste *'. -r \ r ,: tiy�-S:.7/r l ={ r. gyp. , M,{'S�'R 30' ��...- x• ` p :�+ r *.e wa cow 1M ef.I i - ,1 «.Ywa \a �-`SAY �v's�C•ry-� t-! ` �! �� 1 + w­i up � •�. �y ry�.. 4!st J • I -to; i— (�!�r } •I � Project Area Potential Non-Wetand Water of the US J Data Point A#. 11 M.T. 1•' ,11 1 1 1 N% J • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print 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