20031023 Ver 1_More Info Received_20040206

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Kimley-Horn
and Associates, Inc.
February 6, 2004
Ms. Lillette Granade,
Regulatory Specialist
Wilmington Regulatory Field Office
US Army Corps of Engineers, Wilmington District
PO Box 1890 -
Wilmington, North Carolina 28402-1890
RE: Additional Information Response - Sec. 404 Individual Permit Application
US Army Corps of Engineers Action ID: 200301159
Martin Marietta Materials - Rocky Point Quarry
Pender County, North Carolina
Dear Ms. Granade,
Martin Marietta Materials (MMM) and Kimley-Horn and Associates, Inc. (KHA,
and MMM's authorized agent) are in receipt of your January 26, 2004 letter
regarding the comments received from the public notice for the Department's
authorization to impact wetlands for the expansion of the existing mining
operations at the MMM Rocky Point Quarry. On behalf of MMM, we are
advising you of their intentions regarding the comments you received and
forwarded to us for review.
The comments that were forwarded were limited to two entities: the US Fish and
Wildlife Service (USFWS) and the law offices of Wessell & Raney, LLP
(representing property owners Sloan and Wells). Both entities commented via
letters which were attached to your letter. In addition, we received comments
from you regarding the US Army Corps of Engineers' (Corps) position on the
proposed mitigation. Based on our review of the comments, all comments
relate to reconsideration of the proposed mitigation plan. USFWS offered some
specific considerations for the plan, which appear to be consistent with Corps
comments.
In the permit application, MMM offered mitigation for impacts to 7.52 acres of
low quality wetlands at a 1:1 ratio via payment to the North Carolina Wetlands
Restoration Program (NCWRP), now known as the Ecosystem Enhancement
Program (EEP). NCWRP, via letter from Ron Ferrell, indicated NCWRP would
¦
P.O. Box 33068
Raleigh, North Carolina
27636.3068
¦
TEL [phone]
FAX [phone]

/ Kimley-Horn
and Associates, Inc.
Ms. Lillette Granade, US Army Corps of Engineers
February 6, 2004
be willing to accept the mitigation for this project. Mitigation via the NCWRP is
the preferred method of mitigation for meeting State of North Carolina
requirements. In order to meet that requirement, the mitigation was proposed as
shown in the permit application. Also, please note that the total jurisdictional
wetland area proposed to be impacted was amended from 7.52 acres to 6.92
(refer to my letter dated September 10, 2003) based on.amended survey of
wetland areas "A" and "C", and our field review on August 26, 2003. We
request that this change be noted in the permit application and file, and that
future discussions regarding impact and mitigation acreage refer to the amended
6.92 acres.
Upon review of the comments received from the USFWS and discussions with
the Corps during a January 9, 2004 meeting, MMM has assessed the options of
providing on-site mitigation. The following is MMM's intentions regarding
providing mitigation acceptable to all agencies.
MMM owns only a portion of the pit, as the majority of the pit is leased from
other, entities. Within portions of the mine that MMM owns, they intend to
create wetlands along the fringes of the spoil piles and pit walls and to place that
portion of the mine into a conservation easement for long term protection of
these created wetlands once mining activities cease and that portion of the mine
is reclaimed. The intent is that low lying fringe areas within the reclaimed mine
will be permanently inundated/saturated. The exact acreage of wetlands to be
created and the time frame for completion of the mitigation can not be
specifically identified at this time. This information is dependent on completion
of mining activities and final mine reclamation. Some of these areas already
exist and will be documented.
In addition, MMM is willing to participate in discussions if the Corps and the
property owners of the other mine areas are interested in including other
reclaimed areas in the mine in a conservation easement to protect created
wetlands. Since MMM intends to create wetlands habitat along the fringe areas
of the reclaimed pit where practicable as part of its mine reclamation plan and in
accord with agreements with the property owners, MMM would be willing to
work with the Corps and the property owners through the reclamation of these
areas, however, MMM can not control whether the other owners will provide
conservation easements in these locations.
North Carolina rules indicate that a minimum 1:1 restoration is required. MMM
would like a determination from the Corps as to whether wetlands created on-site
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? ? Kimley-Horn
and Associates, Inc.
Ms. Lillette Granade, USA rmy Corps of Engineers
February 6, 2004
through the mine reclamation would be considered as mitigation. The USFWS
implies that it may be acceptable for mitigation.
MMM proposes to provide mitigation through the NCWRP should on-site
wetlands, placed under a conservation easement, be deemed insufficient to meet
mitigation requirements. However, it is our belief that the mitigation provided
through the mine reclamation serves an environmental benefit and more than
adequately compensates for the impacts being proposed to very low quality,
altered jurisdictional areas. It is our belief that wetlands provided through the
reclamation provide for a long-term net benefit in wetland functions and values.
Should you have any questions about MMM's intentions regarding the
mitigation plans, do not hesitate to contact me at [phone]. We are
available to discuss any other comments or questions you may have regarding
the permit application in order to assist in providing a timely review of the
permit application. Thank you in advance for your assistance with this matter.
Sincerely,
KNLEY-HORN AND ASSOCIATES, INC.

Chad Evenhouse, PWS
Project Manager
Copy to: Mr. Horace Willson, Martin Marietta Materials
Ms. Noelle Lutheran, NCDENR - DWQ, Wilmington Office
Mr. W.A. Raney, Jr. - Wessell & Raney, LLP
H: \PM011185010NRockyPo int_Corps_I P_Response_Feb6. doc

b- Drainage Map/Ditch Influence - Tract F1, F2, G2 Martin Marietta Materials
?X 2-16-2004 Rocky Point Quarry Expansion
Rockv Point North Carolina