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HomeMy WebLinkAbout20021142 Ver 2_401 Application_20170404Kimley»>Horn Transmittal 421 Fayetteville Street Suite 600 Raleigh, North Carolina 27601 TEL 919 677 2000 FAX 919 677 2050 Date: April 3, 2017 Job Number: 011185077 Project Name: Martin Marietta Materials, Inc. — Castle Hayne Quarry To: Ms. Karen Higgins NC Division of Water Resources — 401 & Buffer Permitting Unit 512 N. Salisbury Street _ " A a r% Raleigh, NC 27604 1 We are sending these by ❑ U.S. Mail ❑ Other We are sending you ® Attached El 1 3/30/17 drawings drawings ❑ Other ('nnlp..S Data. Telephone No. 919-807-6364 ® FedEx ❑ Hand Delivery ❑ Under separate cover via ❑ Prints/Plans ❑ Samples Nn Desrrintion the following items: ❑ Specifications ❑ Change Orders 3 4/3/17 - Nationwide Permit 44 PCN Application Package 1 3/30/17 - NCDWR Submittal Fee of $240 I IN DE -0 -WATER RE U S 401 & BUFFER PERMITTING These are transmitted as checked below: ® For your use ❑ Approved as submitted ❑ As requested ❑ Approved as noted ❑ For review and ❑ Returned for corrections comment Copy to: File ❑ Resubmit ❑ Copies for approval ® Submit ❑ Copies for distribution ❑ Return ❑ Corrected prints Signed: O� F W ATP,9 9 1 1 > Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification PC Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit El Section 10 Permit 1b. umber:1 Specify Nationwide Permit (NWP) number: 44 or General Permit (GP) number.- 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit [:1401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ❑ No 1 h. 2. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Project Information rl� I L'51 1111 2a. Name of project: Castle Hayne Quarry 2b. County: New Hanover 2c. 2d. Nearest municipality / town: Subdivision name: Castle Hayne D n/a 401 & BUFFER PERMITTING UR S 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: Martin Marietta Materials, Inc. (under lease from Sidbury of the Carolinas, LLC) 3b. Deed Book and Page No. n/a 3c. Responsible Party (for LLC if applicable): John J. Tiberi 3d. Street address: 2710 Wycliff Road 3e. City, state, zip: Raleigh, North Carolina 27607 3f. Telephone no.: (919) 781-4550 3g. Fax no.: n/a 3h. Email address: John.Tiberi@martinmarietta.com Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: n/a 4c. Business name (if applicable): n/a 4d. Street address: n/a 4e. City, state, zip: n/a 4f. Telephone no.: n/a 4g. Fax no.: n/a 4h. Email address: n/a 5. Agent/Consultant Information (if applicable) 5a. Name: Jason Hartshorn, PWS 5b. Business name (if applicable): Kimley-Horn 5c. Street address: 421 Fayetteville Street, Suite 600 5d. City, state, zip: Raleigh, North Carolina, 27601 5e. Telephone no.: 919-678-4155 5f. Fax no.: n/a 5g. Email address: Jason.Hartshorn@Kimley-Horn.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): R00600-001-005-000 1 b. Site coordinates (in decimal degrees): Latitude: 34.371540 Longitude: - 77.823846 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 30.5 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Island Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C; Sw 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The 30.5 -acre project area is currently undeveloped and exists as a mixed pine and hardwood forest. The project area is bounded by an active aggregate mining operation to the west, Holly Shelter Road to the south, and forestland to the north and east. Land use in the project vicinity is primarily composed of industrial sites and timber plantations. The Cape Fear River is located north of the project and Island Creek is located east of the project. 3b. List the total estimated acreage of all existing wetlands on the property: 0.3 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 LF 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to expand a marine limestone aggregate mine operation in order to meet the local demand for aggregate material. 3e. Describe the overall project in detail, including the type of equipment to be used: The project proposes to expand the existing adjacent marine limestone aggregate quarry within an undeveloped tract of forestland. The preliminary construction process will include the clearing and grading of approximately 30.5 acres of forest. The quarry will then be excavated within the Site. Excavated material will be carried offsite to upland locations. The quarry will operate as an aggregate mine utilizing existing infrastructure and operations in and around the Site. Typical mining equipment will be used including excavators, bulldozers, dump trucks, and loaders. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: A Preliminary Jurisdictional Determination was issued on September 29, 2016 (SAW -2016-01977). 4b. If the Corps made the jurisdictional determination, what type ®Preliminary E] Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Kimley-Horn Name (if known): Jason Hartshorn, PWS Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. John Policarpo of the USACE conducted a site visit on September 15, 2016 and issued a signed Preliminary Jurisdictional Determination on September 29, 2016 (SAW -2016-01977). Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. A Nationwide Permit (NWP) 39 was issued on October 31, 2002 for a rail yard that is associated with the existing mine. The railyard required 0.12 acres of wetland impacts for the construction of a railspur.The rail yard is utlized for the transport and distribution of product from the Castle Hayne quarry as well as other Martin Marietta quarries in the general vicinity to support market demand. The rail yard was constructed long after the Castle Hayne quarry was in operation and has complete independent utility from the mining operations of the quarry. 6. Future Project Plans 6a. Is this a phased project? ❑Yes ® No 6b. If yes, explain. n/a Page 4 of 12 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T Impact Site 1 Excavation Bottomland ® Yes ® Corps ® P [-]T Hardwood Forest El No [-IDWQ0.3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.3 acre 2h. Comments: The wetland within the project area will be impacted as a result of the mine expansion into the project area. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P [—IT ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 0 LF 3i. Comments: No streams will be impacted as a result of the proposed project. Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4L Total open water impacts 4g. Comments: No open waters will be impacted as a result of the proposed project. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 511 Total 5g. Comments: No ponds or lakes will be constructed as part of the proposed project. 5h. Is a dam high hazard permit required? ❑ Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): n/a 5j. Size of pond watershed (acres): n/a 5k. Method of construction: n/a 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse F] Tar -Pamlico E] Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6d. 6e. 6f. 6g. Buffer impact number — EReason Buffer Zone 1 impact Zone 2 impact Permanent (P) or Stream name mitigation (square feet) (square feet) Temporary T required? F1 Yes B1 [_]PRT ❑ No El Yes B2 ❑P❑T ❑ No B3 ❑P❑T❑Yes ❑ No 6h. Total buffer impacts 0 SF 0 SF 6i. Comments: No buffers will be impacted as a result of the proposed project. Page 6of12 PCN Form —Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed project has been specifically located to avoid and minimize impacts to jurisdictional waters of the U.S. to the extent practical within the approved limits of the current Mine Plan (approved by NCDEQ on April 29, 2013 [attatched]). The project location abutts an active mining operation to share the existing facilities and reduce the need for new infrastructure. Within the proposed mine expansion area, per the conditions of the Mine Plan, a 200-foot offset buffer will be from Holly Shelter Road as well as the property adjacent to the proposed expansion making avoidance of the wetland area unfeasible. Additionally, many of the other areas around the existing mining operation that contain the marine limestone needed for the proposed project contain substantial floodplain wetlands associated with the Cape Fear River and Island Creek. The proposed project location was selected due to the minimal wetlands present and in order to avoid significantly disturbing the Cape Fear River floodplain system. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Impacts to streams and wetlands in the project vicinity will be avoided to the extent practical throughout the construction process. Construction access and staging will be located entirely in upland areas. Silt fencing will be installed as needed around the limits of disturbance to retain the excavated and displaced material generated during construction. Stormwater and sediment control measures (SCM) will be used as needed throughout the construction and mining operation. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ®Payment to in-lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: n/a 3b. Credits Purchased (attach receipt and letter) Type n/a Quantity n/a 3c. Comments: There are no third party mitigation banks within the 8-digit HUC listed as having riparian riverine wetland credits available. 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ® Yes 4b. Stream mitigation requested: n/a linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): n/a square feet 4e. Riparian wetland mitigation requested: 0.6 acres 4f. Non-riparian wetland mitigation requested: n/a acres 4g. Coastal (tidal) wetland mitigation requested: n/a acres 4h. Comments: There are no approved third party mitigation banks located within the 8-digit HUC containing the required mitigation credits for this project. In light of this, an in-lieu fee mitigation request was sent to the NC Division of Mitigation Services (NCDMS). An ILF Acceptance Letter from NCDMS for the proposed project was received on March 14, 2017 (attached). 5. Complete if Using a Permittee Responsible Mitigation Plan Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. n/a 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 0 SF 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). n/a 6h. Comments: n/a Page 8 of 12 PCN Form —Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: n/a 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The site currently falls under the regulations of the NC Mining Permit (#65-01), which requires sediment and erosion control measures to be provided. In addition, the site has an existing NPDES General Stormwater Permit (NCG020010) issued by the NC Division of Water Resources (NCDWR), which requires best management practices and controls for stormwater. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: n/a ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: n/a 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): n/a 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. In accordance Martin Marietta's Mine Permit approved by NC DEQ on April 29, 2013 (attached), the company is only pursuing mining resources within the permitted project area at this time. In recent history, fluctuating demand for aggregate materials has made long term expansions difficult to predict in this industry. Taking this into account, Martin Marietta is currently focused on expanding solely into the referenced project area to support the current demand for aggregate material. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wastewater will be generated as a result of the proposed project. Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? According to the NC Natural Heritage Program Element Occurrence Database (updated January 2017), there are no known occurrences of any federally threatened or endangered species within the project area. Atlantic sturgeon, West Indian manatee and northern long-eared bat (NLEB) have been documented as occurring within 1.0 mile of the site. Of the federally -listed species known to occur in New Hanover County, suitable habitat is not present within the project area for Atlantic sturgeon, green sea turtle, hawksbill sea turtle, Kemp's ridley sea turtle, leatherback sea turtle, loggerhead sea turtle, piping plover, red knot, West Indian manatee, or seabeach amaranth due to the lack of open water habitat and sandy beaches. Additionally, suitable habitat for Cooley's meadowrue, golden sedge, and rough -leaved loosestrife is not present in the project area. All these plant species require a sparse canopy, maintained rights-of-way, or periodic disturbance to outcompete other species. Due to the lack of an open canopy, lack of maintained rights-of-way, a lack of periodic disturbance, and the presence of a dense shrub layer, the proposed project will have no effect on these species. Suitable roosting habitat for NLEB is present within the study area. The NLEB requires trees greater than 3" in diameter for roosting. The USFWS has issued a 4(d) ruling for NLEB that allows incidental take resulting from tree removal activities unless it results from removing a known occupied maternity roost tree or occurs within 150 feet of a known occupied maternity roost tree from June 1 through July 31 or results from tree removal activities within 0.25 mile of a hibernaculum at any time. Based on a review of the NCNHP database occurrences (updated January 2017), there are no known maternity roost trees or hibernacula within 1.0 mile of the project area. For this reason, the proposed tree removal for this project is allowable under the USFWS 4(d) ruling. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ® Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The project area is located approximately 4,800 feet west of the nearest Essential Fish Habitat (a portion of Island Creek). Due to the distance from the project area, it is anticipated that no impacts to the Essential Fish Habitat in Island Creek will result from the construction of this project. Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The North Carolina State Historic Preservation Office HPOWEB GIS Service was accessed February 22, 2017, and no historic or prehistoric cultural resources were found to occur within 1.0 mile of the project area. The nearest regulated historical resource is a study list individual entry named The Oaks. The Oaks is appears to be a 2- story farm and farm house located in Pender County, across the Cape Fear River, approximately 4.2 miles west of the project area. The nearest National Register individual listing is named Poplar Grove. Poplar Grove is a 2-story 1850 Greek Revival frame house located in Pender County approximately 4.6 miles southeast of the site. Due to the distance to known historic sites, no effect is anticipated as a result of the proposed project. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: n/a 8c. What source(s) did you use to make the floodplain determination? The FEMA FIRM Panel 3720325200K (effective February 16, 2007) was viewed on February 22, 2017 and no FEMA-designated floodplains or floodways were found to occur within the project area. John J. Tiberi Applicant/Agent's Printed Name Date Appt/lica gent's Signature (Agent's si at a is valid orffif an authorization letter from the applicant is provirled. Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM AGENT AUTHORIZATION FORM Name: Martin Marietta Materials, Inc. Address: 2710 Wycliff Road, Raleigh NC 27607 Phone: (919) 781-4550 Project Name/Description: Castle Havne Rock Quarry Date: March 30, 2017 The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: Kvle Dahl Field Office: Wilmington Regulatory Field Office Re: Wetland Related Consulting and Permitting To Whom It May Concern: Martin Marietta Materials, Inc. hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in my/our behalf as my/our agent solely for the purpose of processing Jurisdictional Determinations, Section 404 permits/Section 401 Water Quality Certifications applications, and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the permitting process or revocation by the owner. In addition, 1, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Authorized this the day of, , AP47— John J. Tiberi Print Property Leasee's Name Cc: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 r , P operty L ee's Signature FIGURES ✓ a, i/y0 co F r Q O ! a 10 ., QtE ar G gas � Sra`teC �d l s� Facfo ea 4,. No��y c y en 'A ' + 17 �O 4 d� R i 117 Scot, ' Plantation Rditijj �a k Nelly ,g Musca' ille '6 o�`ars Neck.,q Legend aProject Study Area 133�a1%s'co`e� Dr Q re K Wilmington lf�l New Hanover County R° 0 10,000 20,000 74 a Feet PENDER COUNTY tvEW Project Location coUOVE _ North Carolina BRUNSWICK COUNTY �, j New Hanover County - ,iW .! South Carolina S { Georgia 0 5 10 0 50 100 Miles Miles Figure 1: Vicinity Map Kimle >>> Horn Castle Hayne Quarry Y Castle Hayne, New Hanover County, NC %VVI{•_ q ■ d g L! e N •'i® a !;. _ L ! ; G � r ir r x _�. id �, - -._ � � �_ _ � !ar e � � ..fir• !!�•. ti ' W 4 'ti• S., if ar d or ir lop fit dVI 1 � L may. dg : AL �. IL or im for I fie Ir Legend • .• . x „ Project Study Area IL 0 500 1,000 pAIL Ai I" Feet -; ° - •t., v, . Figure 2: USGS Topographic Map (Scotts Hill Quad, 1970) Kimle >O Horn Castle Hayne Quarry Y Castle Hayne, New Hanover, NC x a + '�7"y` j,�h ! Y•/�� r � � / �yyi ..� �� � e� a � � +µms .� Jlt- .' � :� _ "tom W�,, /1 'y{y�`2'.'.� n !.`� � `b •✓�+ �Y ` ..�� t �_ �y' d' . Lys a '�' V .,s � r •Ft sf i � 1 wY r S - A NO JI Og Legend Wetlands �� �.•�i'i�,3�s�Er3`,w�:Yj"��'ytii � ..�''y� -bR'� `�� s; ��„�F'-"Ar � � � �. � - w F 1 _ i iProject Stu. -. 0 250 500 T- •''fir. _ �lwt �"f i, r � , `�1:,� �►'+xl.•� � .,, NMI! "0' ID n 0n ia St �` •; tea,;. N Be U Rm Be To fI\ I ) r -s,, ) W Legend �ej Y"' Pn -� Project Study Area 0 500 1,000 Feet Figure 4: NRCS Soil Survey (New Hanover County, 1977) Kimle>>> Horn Castle Hayne Quarry Y Castle Hayne, New Hanover, NC Impact Site 1 Clearing and Grading 0.3 acre - Permanent Wetland 00000000 0 450 900 Feet Kimley>))Horn Legend Wetland Impact Project Study Area Permit Boundary � Road F7Pit Limit C Future Pit Limit Buffer Figure 5: Impact Figure Castle Hayne Quarry Castle Hayne, New Hanover, NC WETLAND DATA FORMS WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region ProjecUSite: Castle Hayne Quarry City/County: Castle Hayne/New Hanover sampling Date: 8/17/2016 Applicanvowner: Martin Marietta Materials, Inc. State: NC Sampling Point: W1 -UP Investigator(s): J. Hartshorn, B. Reed (Kimley-Horn) Section, Township, Range: Cape Fear Landform (hillslope, terrace, etc.): Hillslope Local relief (concave, convex, none): None Slope (%) 2% Subregion (LRR or MLRA): LRR T Let: 34.371088 Long: -77.825323 Datum: NAD83 Sal Map unit Name: Be - Baymeade fine sand NWI classification: None Are climatic 1 hj drologic conditions on the site typical for this time of year? Yes © No = (if no, explain in Remarks.) Are Vegetation SoilP:1 or Hydrology significantly disturbed? Are 'Normal Circumstances' present? Yes © No= Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes No ✓ within a Wetland? Yeses NoFVI Wetland Hydrology Present? Yes No Remarks: W1 -UP is approximately 15' outside of the wetland boundary and approximately 3' higher in elevation. W1 -UP is on a hillslope above W1 and outside the evidence of inundation. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Surface Soil Cracks (136) Sparsely Vegetated Concave Surface (138) Pr` ary Indicators minimum of one is required: check all that a Surface Water (At) Aquatic Fauna (613) High Water Table (A2) Marl Deposits (1315) (LRR U) Drainage Patterns (810) Saturation (A3) Hydrogen Sulfide Odor (C1) Moss Trim Lines (816) Water Marks (131) Oxidized Rhizospheres along Living Roots (C3) Dry -Season Water Table (C2) Sediment Deposits (132) Presence of Reduced Iron (C4) Crayfish Burrows (CO) Drift Deposits (133) Recent Iron Reduction in Tilled Soils (C6) Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) Thin Muck Surface (C7) Geomorphic Position (D2) Iron Deposits (B5) Other (Explain in Remarks) Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (87) HSphagnum FAC -Neutral Test (135) Water -Stained Leaves (139) moss (138) (LRR T, U) Field Observations: Surface Water Present? YesNo Depth (inches): Water Table Present? Yes No Depth (inches): >24„ F-1 Saturation Present? Yes No Depth (inches): >24„ Wetland Hydrology Present? YesNo,z includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: No indicators of wetland hydrology were observed at W1 -UP. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: W1 -UP Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species 5 1. Liquidambar styraci/lua 40% Y FAC That Are OBL, FACW, or FAC: (A) 2. Pinus taeda 30% Y FAC 3. Acer rubrum 20% Y FAC Total Number of Dominant 5 Species Across All Strata: (B) 4. Percent of Dominant Species 100% 5. That Are OBL, FACW, or FAC: (A/B) 6. Prevalence Index worksheet: 7. Total % Cover of: Multiply by: 8. 90% =Total Cover OBL species x 1 = 50% of total cover: ° ° ° 45% 20% of total cover: 18% FACW species x 2 = Sapling/Shrub Stratum (Plot size: 15' ) FAC species x 3 = 1. Pinus taeda 45% Y FAC FACU species x 4 = 2. Morella cerifera 15% N FAC UPL species x 5 = 3. Quercus nigra 10% N FAC Column Totals: (A) (B) 4 Prevalence Index = BJA = 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. X 2 - Dominance Test is >50% 8. 3 - Prevalence Index is 553.0' 70% = Total Cover _ _ Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 35% 20% of total cover: 140/n Herb Stratum (Plot size: 5' ) 'Indicators of hydric soil and wetland hydrology must 1. None be present, unless disturbed or problematic. 2. Definitions of Four Vegetation Strata: 3. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. 6. SaplingtShrub -Woody plants, excluding vines, less 7 than 3 in. DBH and greater than 3.28 ft (1 m) tall. 8. Herb - All herbaceous (non -woody) plants, regardless g. of size, and woody plants less than 3.28 ft tall. 10. Woody vine -All woody vines greater than 3.28 ft in 11. height. 12. = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: 30' ) 1. Smilax rotundifolia 10% Y FAC 2. 3. 4. 5. 10% =Total Cover Hydrophytic Vegetation 50°h of total cover: 5% 20% of total cover: 2% Present? Yes No _L1 Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0 SOIL Sampling Point: Wl-UP Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.) Depth Matrix Redox Features unless otherwise noted.) Indicators for Problematic Hydric So!W: (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-4" 10YR 2/2 100% Sandy loam 15% UCS 4-10" 10YR 2/2 100% Sandy loam 10-17" 10YR 5/4 80% 10YR 5/8 20% Fine sandy loam 17-24" 10YR 5/4 70% 10YR 5/6 30% Loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric So!W: Histosol (Al) Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) Depleted Matrix (F3) Anomalous Bright Loamy Soils (1720) Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (176) (MLRA 153B) 5 cm Mucky Mineral (A7) (LRR P, T, U) Depleted Dark Surface (F7) Red Parent Material (TF2) Muck Presence (A8) (LRR U) Redox Depressions (F8) Very Shallow Dark Surface (TF1 2) 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) Other (Explain in Remarks) Depleted Below Dark Surface (A11) Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 15013) Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes ED No . No hydric soil indicators were observed at W1 -UP. The water table was not found and soils were not saturated. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Castle Hayne Quarry City/County: Castle Hayne/New Hanover Sampling Date: 8/17/2016 Applicant/Owner: Martin Marietta Materials, Inc. State: NC Sampling Point: W1 -WET Investigator(s): J. Hartshorn, B. Reed (Kimley-Horn) Section, Township, Range: Cape Fear Landform (hillslope, terrace, etc.): Depressional Wetland Local relief (concave, convex, none): Concave Slope (%) 1-2% Subregion (LRR or MLRA): LRR T Lat: 34.370955 Long: -77.825450 Datum: NAD83 Soil Map unit Name: Be - Baymeade fine sand NWI classification: None Are climatic I h drol is conditions on the site typical for this time of year? Yes © No= (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are ^Normal Circumstances' present? Yes © No= Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes ✓ No J4 within a Weiland? Yeses No� Welland Hydrology Present? Yes No Remarks: W1 is a bottomland depressional wetland bounded by a mining road and generally slopes from west to east. A historic drainage ditch is located at the eastern end of W1, but no hydrology or hydric soils were observed in the ditches. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Surface Soil Cracks (136) Sparsely Vegetated Concave Surface (68) p * ary Indicators minimum of one is r uired: check all that a Surface Water (A1) Aquatic Fauna (B13) High Water Table (A2) Marl Deposits (815) (LRR U) Drainage Patterns (B10) Saturation (A3) Hydrogen Sulfide Odor (Cl) ✓ Moss Trim Lines (1316) ✓ Water Marks (61) Oxidized Rhizospheres along Living Roots (C3) Dry -Season Water Table (C2) Sediment Deposits (132) Presence of Reduced Iron (C4) ✓ Crayfish Burrows (C8) EDrift Deposits (63) Recent Iron Reduction in Tilled Soils (C6) Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (64) Thin Muck Surface (C7) ✓ Geomorphic Position (D2) Iron Deposits (135) Other (Explain in Remarks) Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (137) FAC -Neutral Test (D5) Water -Stained Leaves (139) Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): >18" Saturation Present? Yes No= Depth (inches): >1811 Wedand Hydrology Present? Yes Y1 No Ll includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Surface water was not present at the time of observation, however dark water staining, buttressed living trees, water stained leaves, and moss trim lines were present throughout W1. Based on these indicators, W1 ponds water to depths of 2-T regularly. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: W1 -WET Remarks: (If observed, list morphological adaptations below). Trees are significantly buttressed throughout W1. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species 7 1. Acer rubrum 25% Y FAC That Are OBL, FACW, or FAC: (A) 2. Liquidambar styraciflua 20% Y FAC 3. Pinus taeda 15% Y FAC Total Number of Dominant Species Across All Strata: (B) 4. Quercus phellos 15% Y FAC Percent of Dominant Species 100% 5• That Are OBL, FACW, or FAC: (A/B) B. Prevalence Index worksheet: 7. Total % Cover of: Multiply by: 8. 75% =Total Cover OBL species x 1 = 50% of total cover: 38% 20% of total cover: 15% FACW species x 2 = Saplina/Shrub Stratum (Plot size: 15' ) FAC species x 3 = 1. Pinus taeda 20% Y FAC FACU species x 4 = 2. Quercus nigra 10% Y FAC UPL species x 5 = 3. Morella cerifera 5% N FAC Column Totals: (A) (B) 4. Prevalence Index = B/A = 5• Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. X 2 - Dominance Test is >50% 8. 3 - Prevalence Index is:53.01 35% =Total Cover _ _ Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 17.5% 20% of total cover: 7% Herb Stratum (Plot size: 5' ) 'Indicators of hydric soil and wetland hydrology must 1. None be present, unless disturbed or problematic. 2• Definitions of Four Vegetation Strata: 3. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. 6. SaplinglShrub - Woody plants, excluding vines, less 7 than 3 in. DBH and greater than 3.28 ft (1 m) tall. 8. Herb -All herbaceous (non -woody) plants, regardless g. of size, and woody plants less than 3.28 ft tall. 10. Woody vine - All woody vines greater than 3.28 ft in 11. height. 12. = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: 30' ) 1. Smilax rotundifolia 10% Y FAC 2. 3. 4. 5• 10% =Total Cover Hydrophytic Vegetation Ll 50% of total cover: 5% 20% of total cover: 2% Present? Yes No Remarks: (If observed, list morphological adaptations below). Trees are significantly buttressed throughout W1. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0 SOIL Sampling Point: W1 -WET Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.) Depth Matrix Redox Features unless otherwise noted.) Indicators for Problematic Hydric Soile: (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0-4" 10YR 2/1 1000/0 Fine sandy loam 4-12" 10YR 4/1 80% 10YR 6/6 20% C M Sandy loam 12-18" 10YR 4/1 75% 10YR 6/4 25% C M Sandy clay loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soile: Histosol (Al) Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) ✓ Depleted Matrix (173) Anomalous Bright Loamy Soils (1720) Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 153B) 5 cm Mucky Mineral (A7) (LRR P, T, U) Depleted Dark Surface (F7) Red Parent Material (TF2) Muck Presence (A8) (LRR U) Redox Depressions (F8) Very Shallow Dark Surface (TF1 2) 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) Other (Explain in Remarks) Depleted Below Dark Surface (A11) Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) Iron -Manganese Masses (1712) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) Reduced Vertic (1718) (MLRA 150A, 150113) Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) Lj Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): narks: Hydric Soil Present? Yes No Soils were not saturated and the water table was not observed, however concentrations were prevalent throughout the profile below 4". This area is likely frequently inundated. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 ILF ACCEPTANCE LETTER Mitigation Services ENVIRONMENTAL QUALITY Nuwan Wijesuriya Martin Marietta Materials, Inc. 2700 Wycliff Road Raleigh, NC 27607 Project: Castle Hayne Quarry ROY COOPER MTCftAEL S. RF6AN March 14, 2017 Expiration of Acceptance: September 14, 2017 County: New Hanover The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 CertificationlCAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: William Sullivan, agent Sincerely, Jame Stanfill Asset M nagement Supervisor State of Nortlr Carolina Environmental Quality I Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street Suite 3000 919 707 8976 T River CU Location Basin (8 -digit HUC) i Stream (feet) Wetlands (acres) Buffer I Buffer II (Sq. Ft.) (Sq. Ft.) Cold Cool Warm Riparian Non -Riparian Coastal Marsh Impact Cape Fear I 03030007 0 0 0 0.60 0 0 0 0 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: William Sullivan, agent Sincerely, Jame Stanfill Asset M nagement Supervisor State of Nortlr Carolina Environmental Quality I Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street Suite 3000 919 707 8976 T PRELIMINARY JURISDICTTONAL DETERMINATION U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-01977 County: New Hanover U.S.G.S. Quad: Castle Hayne NOTIFICATION OF JURISDICTIONAL DETERN HNATION Property Owners: Martin Marietta Materials, Inc. c/o Michael S. Jones 2700 Wycliff Road Raleigh, North Carolina 27607 Agent: Jason Hartshorn IGmley-Horn 421 Fayetteville Street, Suite 600 Raleigh, North Carolina 27601 Size (acres) 30.53 -acres Nearest Town Castle Hayne Nearest Waterway Northeast Cape Fear River River Basin Cape Fear USGS HUC 03030007 Coordinates Latitude: 34.37113 N Longitude: -77.823305 W Location description: The project area is located at 6501 Holly Shelter Road (Portion of Parcel No. R00600-001-005-000), in Castle Hayne, New Hanover County, North Carolina. The project area consists of undeveloped, forested land bordering undeveloped, forested land to the north and east, Holly Shelter Road to the south, and an active mining operation to the west. Indicate Which of the Following Apply: A. Preliminary Determination X There appear to be waters, including wetlands, on the above described property, as depicted on the attached exhibit, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This preliminary jurisdictional determination may be used in the permit evaluation process, including determining compensatory mitigation. 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. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. Page 1 of 2 _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat identified below. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our 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 (LAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact John N. Policarpo at 910-251-4487 or John.N.Pohcarpo(a usace.army.mil. C. Basis for Determination: Portions of this site may exhibit wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. This determination is based on a site visit conducted by John N. Policarpo of the Corps on September 15, 2016. The enclosed figure titled "Figure 3: Jurisdictional Features Map, Castle Hayne Quarry, Castle Hayne, New Hanover, NC", undated, accurately depicts the approximate extent of on-site wetlands, which may be jurisdictional under Section 404 of the Clean Water Act. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33. CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 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.** Corps Regulatory Official: r' Date: September 29, 2016 Expiration Date: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http•//regulatory.usacesurvey.com/. d 1 ' r 'Pe; ,Y'! , �..y �e y - •� ` ter• x • • �� - ice' }' � 1{ti, t tf'� I � Aw All _ i � �.� „' - 5r y -. Lam} .. � i .,M�•, 4 � �6i+, �' �~`l r - �' n zab w - t • � ,re .±ct �y � IJP •\, �� 7• �; ��••- � t f•` s� r '�, `,��1. A VC � •`• its �i , -p+ 250 510 0 1111 iiil Feet C• N n f G a hi I f r ati • n a.nd Ana sis, NC 91 B•a d MINE PERMIT AFMA NGDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director Mr. Nuwan Wijesuriya Martin Marietta Aggregates PO Box 30013 Raleigh, North Carolina 27622-0013 RE: Permit No. 65-01 Castle Hayne Quarry New Hanover County Cape Fear River Basin Dear Mr. Wijesuriya: April 29, 2013 Pat McCrory, Governor John E. Skvada, III, Secretary Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The new expiration date is April 29, 2023. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3C, 4C and 12 E and Reclamation Condition No. 3. It was noted during the review that the dewatering ditch from the pit discharge outfall to the river is outside the mine permit boundary. It was determined by Director Tracy Davis that the ditch is regulated under the Sediment Act. As a reminder, your permitted acreage at this site is 1575 acres and the amount of land you are approved to disturb is 904.6 acres. Please review the renewed permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely, !jI�� �s ! Jalfiet . Boyer, PE State Mining Specialist Viand Quality Section JSBfjw Enclosures cc: Mr. Dan Sams, PE Ms. Shannon Deaton -WRC, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 , Internet: htti)://POTtal.nodenr.org/web/lrlland-quality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled l 10% Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Martin Marietta Aggregates Castle Hayne Quarry New Hanover County - Permit No. 65-01 for the operation of a Crushed Stone Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: April 29, 2023 Page 2 in accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications March 13, 1981: This permit has been modified to include approximately 184 acres north of the [deal Cement spur of the Seaboard Coastline, east of the proposed right-of-way of Interstate 40 and south of SR 1002. April 24 1991: This permit has been modified to include the requirements and conditions of Mining Permit No. 65-03. Page 3 September 20, 2002: This permit has been modified to increase the affected area at the site to 900.8 acres as indicated on the Mine Maps (Sheets 1 - 3 of 5) last revised August 12, 2002. The modification includes the construction of the Future Castle Hayne Rail Yard, including its various features and its associated erosion and sedimentation control measures. The modification also includes the future expansion of the pit area along the western and northern pit boundaries, resulting in the reduction of the 200 foot unexcavated buffer to a 100 foot unexcavated buffer in these areas. November 4, 2002: This permit has been modified to revise Operating Condition No. 3C to allow a 100 -foot unexcavated buffer along the western and northern portions of the existing excavation per the approved mine maps. December 18, 2002: This permit has been modified to revise Reclamation Condition No. 2C to eliminate the use of Pit No. 4 as sludge and sand disposal by Occidental Chemical and to allow Pit No. 4 to be used as wash -water operations at the site. December 6.2005: This permit has been modified to allow excess baghouse fine materials, generated from the APAC of Wilmington facility, to be stored on-site as indicated on the Solid Waste Disposal Location aerial photograph dated October 10, 2005 and stored according the specifications outlined in the cover letter dated October 6, 2005. The storage of said baghouse fines material shall be for a limited timeframe of approximately six (6) months from the issuance of this modification. If a longer timeframe is required for storage of this material, Martin Marietta Aggregates must request an extension in writing. January 8, 2007_ This permit has been modified to increase the affected acreage at this site to 904.6 acres as indicated on the Mine Map last revised November 20, 2006. The modification includes the addition of 3.8 acres for Processing/Haul Roads for a portable plant. Expiration Date This permit shall be effective from the date of its issuance until April 29, 2023. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. Wastewater and Quarry Dewatering A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 4 B. Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Mine Map last revised March 21, 2013 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. D. Any necessary permits required from the Division of Water Quality regarding the disturbance of 0.12 acres of jurisdictional wetlands and 0.48 acres of isolated wetlands shall be obtained prior to any land disturbing activities in these areas. 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. Page 5 C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map last revised March 21, 2013 and the supplemental information received by the Land Quality Section on October 4, 2012 and March 22, 2013. D. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit expansion conducted after April 24, 1991 shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after April 24, 1991. 7. Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. Page 6 8. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. Blast Vibration Fraqutrl o' : CIS W'Sec 1 e . pp44ar 0,4 2.0 jo Blast Vibration Fraqutrl C A Page 7 Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/Ds)' DS = W1/2 V = 160(DS)-1.6 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). DS = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (D/W0.33)-1.2 Page 8 P = 20 x log (U/2.9x10"9) Confined Air blast/Overpressure (dBQ for quarry situation: A=P -35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping_ The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Fivrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. Page 9 H. Flyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. I. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting of large boulders placed end-to-end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope created after April 24, 2991. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. Page 10 B. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 12. Refuse Disposal A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v -belts 5.. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resourcesrip or to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; Page 11 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met: !. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. 2. Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. 3. No used, clean concrete material shall be permanently disposed of onsite. 4. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off-site. 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 12 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and, revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 13 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. Pit No. 1 is currently being used by Occidental Chemical as sludge disposal and shall remain active under this permit until such time as the Department approves, its permanent stabilization. D. Pit No. 4 is currently being used by the permittee as part of the wash water operations and shall remain active under this permit until such time as the Department approves its permanent stabilization. E. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. F. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. G. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. 12A through 12E. H. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan approved by Mr. Nuwan Wijesuriya of Martin Marietta Materials on October 2, 2012. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Page 14 This permit, issued July 20, 1972, renewed and modified March 13, 1981, modified April 24, 1991, renewed August 14, 1992, renewed and modified September 20, 2002, and modified December 18, 2002, December 6, 2005 and January 8, 2007, is hereby renewed this 29th day of April, 2013 pursuant to G.S. 74-52. By: 5 . Tr cy E. Davis, Director Divisionc Energy, Mineral and Land Resources y Authority of the Secretary Of the Department of Environment and Natural Resources