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Home My WebLink About20031023 Ver 1_Individual Application_20030815? ? ? KimleyHorn and Associates, Inc. August 15, 2003 Mr. John Dorney NC Division of W Wetlands Unit 1621 Mail Service Raleigh, North Ca Re: Martin M Rocky Po Pender Co Applicatio Dear Mr. Dorney: '/+'+ iV? 6' ??JT 031023 t?t_. ?.E R_.I ¦ P.O. Box 33068 Raleigh, North Carolina ater Quality 'JE?'11?911P 276363068 Center AUG 15 2003 rolina 27699-1621 QiJALI ?S??? arietta Materials 4 ON int Quarry unty, North Carolina on for Individual 401 Water Quality Certification On behalf of Martin Marietta Materials please find enclosed for your review seven copies of the Individual Permit application and supporting documents for the referenced project. An application fee of $475 is included as a part of the application package. Thank you for your attention to this project. Please feel free to contact us if you have questions or need additional information. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Chad Evenhouse, PWS Enclosures--7 Cc: Horace Willson Paxton Badham Jim Eisenhardt Harlan Britt HAPM01 118501 0\404 permit\DWQCcrttransmti081103.doc ¦ TEL 919 677 2000 FAX 919 677 2050 ? ? Kimley-Horn and Associates, Inc. August 15, 2003 Ms. Lillette Granade Wilmington Regulatory Field Office US Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Re: Martin Marietta Materials Rocky Point Quarry Pender County, North Carolina Section 404 Individual Permit Dear Ms. Granade: On behalf of Martin Marietta Materials, Inc (MMM) we are requesting the US Army Corps of Engineers issuance of an Individual Permit authorizing impacts to wetlands associated with the referenced project. MMM has operated the mine since 1984 under permits issued by the North Carolina Department of Environment and Natural Resources. In order to continue to mine the limestone product, it will be necessary for MMM to expand operations into the remaining land controlled by MMM. The area of proposed expansion is included under the state mining permit and is properly zoned by the county for mining operations. Without expansion of the mine, the life of the mining operation will be short lived resulting in a significant negative economic impact to this region of the state. The proposed expansion will impact 7.52 acres of wetlands. MMM has conducted extensive discussions with the Corps of Engineers staff ( Mickey Suggs) as to the amount of wetlands that exists within the vicinity of the proposed expansion. A detailed wetland jurisdiction determination has been conducted and this determination serves as the guiding document for projected impacts. Significant efforts have been made to avoid wetland impacts from the expansion. The permit application gives details of the alternatives analysis which concluded that there are no viable alternatives to the proposed project given the limited availability of mine product and access to land controlled by MMM. Extensive efforts have been made to minimize the impacts of the expansion. While MMM has a state mining permit to mine additional areas on the property, ¦ TEL 919 677 2000 FAX 919 677 2050 ¦ P.O. Box 33068 Raleigh, North Carolina 27636.3068 Kimley-Horn and Associates, Inc. Martin Marietta has decided to not mine certain areas where product does exists in order to provide a buffer between the mine pit and adjoining properties. Martin Marietta is not aware of any threatened or endangered plants or animals in the vicinity and during investigations studies conducted as a part of the state mining permit process, no conflicts with archeological or historic sites was identified. The attached permit application and exhibits are provided for your review and processing. Please feel free to contact me at 919-677-2121, or Harlan Britt at 919-677-2209 if you have questions or if additional information is necessary. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Chad Evenhouse, PWS Attachments: 404 permit application and figures Agent Authorization Cc: Horace Willson Paxton Badham Harlan Britt Jim Eisenhardt John Dorney HAPN\01 1 185010\404 permit\COEpermittransmt1080803.doc APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT U 1. I OMB APPROVAL NO. 0710-0003 (33 CFR 325) Expires December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. 1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETED itrFers RFt OW TO RF L/I t Fn Ry evvr tceetn 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required! Martin Marietta Materials Kimley-Horn and Assoc.(Harlan Britt) 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS P.O. Box 30013 P.O. Box 33068 Raleigh, NC 27622-0013 Raleigh, NC 27636 T. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business 919-783-4631 ! b. Business 919-677-2209 11, STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to rurnish, upon request, supplemental information in support of this permit application. 4',4t: En,-r ?KM1 47-r4GH E7 APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (seeinsrmcrions, Rocky Point Quarry 13. NAME OF WATERBODY. IF KNOWN rtaadreardei Minor Tributary to Strawberry Branch 15. LOCATION OF PROJECT Pender North Carolina 14. PROJECT STREET ADDRESS of npplicabte) 1635 MM Road Rocky Point, NC 28457 COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions) 17. DIRECTIONS TO THE SITE I-40 to NC 210 East on NC 210 to SR 1636 Right onto SR 1636 to Quarry PAYMENT RECEIVED = - ENG FORM 4 u 7 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) 18. Nature of Activity (Description of project, include all features) Expansion of mining operation within the limits of the existing state mining permit to extract limestone product. Excavation of overburden will be accomplished by traditional drag-line operations following clearing and grubbing of surface vegetation. See Attachment for further explanation. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) To continue mining operations at the Rocky Point Quarry through expansion of the mine to adjacent parcels east of the existing mine. The eastern parcels are included in the current NCDENR mining permit and also have appropriate zoning designations for mining. See attached. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Discharges to jurisdictional waters shall be the result of excavation of overburden and side casting. The material shall be cast into previous mine slots, creating a series of land forms while accessing limestone product and creating slots in the mine expansion area. 21. Type(s) of Material Beinp Discharoed and the Amount of Each Tvoe in Cubic Yards The discharge material will be material from the mine slot excavation process. The amount of material discharged is estimated to be several thousand cubic yards. 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) The surface area of wetlands to be impacted is 7.52 acres. See Attachment for further explanation. 23. Is Any Portion of the Work Already Complete? Yes = No IF YES. DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). See Attachment #24 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED *w NCDENR Mining Permit 69-08 9/13/02 Pender Co. Special Use P 02-11-18-03 , 4/13/03 NCDENR NC-NPOE NCG020166/G.P.NCGO2 12/17/99 NCDENR Air Permit 5131R08 11/10/99 Duld include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $ 10,000 or imprisoned not more than five years or both. ? ? ? Kimley-Horn and Associates, Inc. August 15, 2003 Mr. John Domey NC Division of Water Quality Wetlands Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 PAYMENT RECEIVED P.O.Box 33068 Raleigh, North Carolina 276363068 Re: Martin Marietta Materials Rocky Point Quarry Pender County, North Carolina Application for Individual 401 Water Quality Certification Dear Mr. Dorney: On behalf of Martin Marietta Materials please find enclosed for your review seven copies of the Individual Permit application and supporting documents for the referenced project. An application fee of $475 is included as a part of the application package. Thank you for your attention to this project. Please feel free to contact us if you have questions or need additional information. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Chad Evenhouse, PWS Enclosures--7 Cc: Horace Willson Paxton Badham Jim Eisenhardt Harlan Britt HAPN\011185010\404 permit\DWQCcrttransmti08l lO3.doc 41j P ¦ TEL 919 677 2000 FAX 919 677 2050 Kimley-Horn and Associates, Inc. August 15, 2003 Ms. Lillette Granade Wilmington Regulatory Field Office US Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Re: Martin Marietta Materials Rocky Point Quarry Pender County, North Carolina Section 404 Individual Permit Dear Ms. Granade: AMP. 23 1 i...?4ej P.O. Box 33068 Raleigh, North Carolina 27636.3068 On behalf of Martin Marietta Materials, Inc (MMM) we are requesting the US Army Corps of Engineers issuance of an Individual Permit authorizing impacts to wetlands associated with the referenced project. MMM has operated the mine since 1984 under permits issued by the North Carolina Department of Environment and Natural Resources. In order to continue to mine the limestone product, it will be necessary for MMM to expand operations into the remaining land controlled by MMM. The area of proposed expansion is included under the state mining permit and is properly zoned by the county for mining operations. Without expansion of the mine, the life of the mining operation will be short lived resulting in a significant negative economic impact to this region of the state. The proposed expansion will impact Gtrps es of wetlands. MMM has conducted extensive discussions with of Engineers staff ( Mickey Suggs) as to the amount of wetlands that exists within the vicinity of the proposed expansion. A detailed wetland jurisdiction determination has been conducted and this determination serves as the guiding document for projected impacts. Significant efforts have been made to avoid wetland impacts from the expansion. The permit application gives details of the alternatives analysis which concluded that there are no viable alternatives to the proposed project given the limited availability of mine product and access to land controlled by MMM. Extensive efforts have been made to minimize the impacts of the expansion. While MMM has a state mining permit to mine additional areas on the property, ¦ TEL 919 677 2000 FAX 919 677 2050 ? ? ? Kimley-Horn and Associates, Inc. Martin Marietta has decided to not mine certain areas where product does exists in order to provide a buffer between the mine pit and adjoining properties. Martin Marietta is not aware of any threatened or endangered plants or animals in the vicinity and during investigations studies conducted as a part of the state mining permit process, no conflicts with archeological or historic sites was identified. The attached permit application and exhibits are provided for your review and processing. Please feel free to contact me at 919-677-2121, or Harlan Britt at 919-677-2209 if you have questions or if additional information is necessary. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Chad Evenhouse, PWS Attachments: 404 permit application and figures Agent Authorization Cc: Horace Willson Paxton Badham Harlan Britt Jim Eisenhardt John Dorney HAPN\01 1 185010\404 permit\COEpermittransmt1080803.doc Attachment: #18 - Nature of Activity Martin Marietta Materials Rocky Point Quarry Martin Marietta Materials (MMM) has operated a limestone aggregate quarry in Rocky Point, North Carolina under a mining permit issued by the North Carolina Department of Environment and Natural Resources since 1983. Figure 1 provides a general location map of the quarry and Figure 2 presents an aerial photograph of the quarry (February 2000). The quarry produces approximately 4000 tons per day of product from the Eocene age Castle Hayne limestone, a semi- consolidated sandy and marly limestone ranging in thickness in the quarry area from 5 to 18 feet. The product zone is overlain by 20 to 30 feet of overburden composed of fine to coarse sands with a clay marl layer generally 10 feet from the ground surface. Below the product zone are sands and clayey sands. The Northeast Cape Fear River is located to the east and south of the quarry area, a distance of approximately 1.5 to 2 miles from the active boundary of the quarry (see Figure 2). The primary benefit to the local economy is the supply of specification stone for the local construction market. Other than the company's Castle Hayne Quarry located immediately across the North East Branch of the Cape Fear River, there are no other local suppliers of construction aggregates to the Pender/New Hanover markets. The Castle Hayne Quarry has a very limited life due to lack of stone reserves, and MMM estimates that it will close within 5 years. With about 2.5 million tons (last 5 year's average) being supplied from these two quarries, the markets would need to look elsewhere to replace this basic building material. Options include trucking from up- state quarries, shipping from off-shore or rail. In any event, the increased cost will amount to at least $5/ton, or an additional cost of $12.5 million every year from the time of such closing forward. Other impacts include the loss of employment for the 30 people that work at the quarry, along with the money they infuse into the local economy annually, the loss of local purchases of goods and services, estimated at $4.1 million per year, and the loss of the industrial tax base and the annual taxes paid on the plant and equipment at the quarry. MMM was issued a mining permit in 1981 by the North Carolina Department of Environment, Health and Natural Resources for the purpose of conducting mining operations on the subject site in Pender County, North Carolina. Prior to MMM's purchase of the property, the land was owned by Georgia Pacific Corporation and managed for timber production. Previous silvicultural management activities conducted by Georgia Pacific included alterations (i.e. bedding, furrows, conversion to pine growth, etc) and extensive drainage ditch construction. MMM currently conducts mining activities including the clearing and grubbing on upland areas with subsequent excavation of overburden to access the product material. The overburden is removed using conventional dragline equipment with the overburden being cast onto existing slots. The mine progresses through a series of slot excavations to advance the mine face. Ground water from the product zone is drained to a series of sumps and then pumped to surface discharge points consistent with the approved mining and NPDES permits. The land proposed for mine expansion is a combination of uplands and wetlands. An extensive wetland delineation activity has been conducted to determine the location of possible wetland areas. To further assist in the determination of wetland areas a series of ground water monitoring wells have been installed with data collection beginning August 2002 through present date. HAPN\01118501ON404 permiA404Form AttachmentsFINAL080703.doc Attachment: #18 - Nature of Activity Martin Marietta Materials Rocky Point Quarry The field investigations and hydrologic modeling analysis concluded that previous silvicultural activities have significantly altered the ground water hydrology in parts of the proposed mine expansion area. The area identified on Attachment 1 as parcel G1 was previously timbered by Georgia Pacific and surface area re-graded and prepared for re-planting by construction of beds and furrows. Additionally, historic land and water management plans indicate a system of drainage ditches were dug along the perimeter of G1 including a ditch along the boundary between G1 and G2. Additionally, a ditch was excavated through the middle of G1, approximately 1000 feet from the west and east boundaries. Historic aerial photographs clearly show that this system of ditches was installed in the mid to late 1980's. This series of ditches, combined with the reshaping of the land to form beds and furrows effectively drained the near surface hydrology from the system. H:V'N'\011185010N404 permit\404Form AttachmentsFINAL080703.doc Attachment: #19 - Proposed Project Purpose Martin Marietta Materials Rocky Point Quarry MMM conducts surface mining operations on approximately 1400 acres of land located near SR 1517 and I-40 in Pender County under a mining permit issued by the NC DENR. MMM began quarry operations in 1983 and employs 30 people at the quarry. The mining process consists of clearing and grubbing of the land surface, removal of the overburden by conventional dragline operations, followed by the extraction of the limestone aggregate product by conventional rock moving equipment. It is necessary to maintain a de-watering system to allow product removal in dry conditions. Failure to operate the de-watering system would result in complete flooding of the mine floor and access to the product would not be possible. The de-watering system operates in conformance with an NPDES General Permit issued by the NCDENR which permits discharge at two locations on the property. Current mining operations has depleted the majority of the product on land that is zoned and permitted for mining and available to MMM except for the tracts immediately adjacent to the proposed mine expansion in tracts G1 and G2. In order for MMM to continue to operate the mine it is necessary to expand operations into these tracts. MMM has initiated dialogue with the property owner to the South, however, this tract is not zoned or permitted by the county, as required, nor does MMM have a mining permit from the state, also required. Therefore, due to the time it will take to seek these permits, the uncertainty of the outcome of the requests for these permits, and the time it would take to build and relocate the infrastructure and equipment to open the added area for mining once permits are granted, the company will need to have the right to mine tracts G1 and G2 in order to sustain quarry operations pending the outcome of its requests for permits. Alternative Analysis The mining of limestone is controlled primarily by proximity to markets, product location, overburden, and surface conditions and the necessity to obtain and the availability of the associated necessary permits. Given the limits of MMM's mining permit, local zoning, special use permits issued by Pender County, and the location of product, mine expansion alternatives are limited. Alternative I: No Action This alternative would mean that within a very short period of time the existing product reserves will be depleted and mine operations would cease. The closure of the mine will result in the loss of approximately 30 jobs and $4.1 million to the local economy. Further, limestone aggregate is a vital element in the construction industry and clearly the coastal construction industry would be significantly affected with the closure of this facility and cost of construction in the area will significantly increase. A No-action alternative is therefore not considered as acceptable. Alternative II: Expansion into tracts G1 and G2 Expansion of the quarry is an environmental, economic, and product viable alternative. However, expansion will result in impacts to wetlands. MMM's Rocky Point Quarry mining permit was re- issued by the NCDENR in 2002 and it includes tracts G1 and G2 (see Figure 4). Pender County has zoned these tracts appropriately and issued a Special Use permit to conduct the mining operations. Therefore, from a site perspective, all of the land use and activity issues have been met with the exception of a 404 Dredge and Fill permit from the Corps of Engineers and a 401 certification from the Department of Environment and Natural Resources. It is proposed to conduct mining activities on approximately 87 acres of land in Tracts G1 and G2 (see Figures 6 and 10). The mining activity will consist of the removal of the vegetation and HAPN\011185010N404 permiA404Form AttachmentsFINAL080703.doc Attachment: 1#19 - Proposed Project Purpose Martin Marietta Materials Rocky Point Quarry overburden from approximately 58 acres of land to expose the limestone aggregate product. This land disturbing activity will impact 7.52 acres of wetlands in order to gain access to the product reserves. Traditional earth moving equipment will be used to conduct the activity and deep ground water will be removed through operation of an excavated sump area with adequate pumps to transport ground water to surface discharge points in compliance with the approved state issued storm water general permit. Tracts G1 and G2 contain approximately 87 acres, consisting of a combination of uplands and wetlands. These tracts are bordered on the west, south and east by a system of excavated ditches, constructed by Georgia Pacific around 1984 (see Figure 7). Additionally, a ditch was constructed through the middle of tract G1 to provide drainage interior to that tract. Review of dated aerial photography was used to establish this time frame. The depth of the original ditch system has not been determined, however, today existing ditch system average depth is 3 feet. Given that these ditches were excavated nearly 20 years ago and there has been significant bank erosion that reduced the overall depth, the original depths were certainly deeper compared to today's depths. In fact in adjacent tracts the ditches are up to eight feet deep. Further, tract G1 underwent major land preparation for silviculture operations some time prior to 1984. This land preparation consisted of the development of a system of beds and furrows which significantly altering the upper 24 inches of the soil profile. The system of beds and furrows still exists today. This land disturbance, combined with the ditch and access road system construction, effectively removed the hydrologic support system from the upper zones of the soil profile within tract G1. In addition to the system of drainage ditches, Georgia Pacific Corporation also constructed a system of access roads across most of the land in the vicinity of the MMM mine operation. Historical photographs reveal that the roads in the area were constructed prior to 1989. This road system included roads along the south side of Tract G1 and the east side of Tract G1 and G2. As point of interest in discussions with staff of the Corps of Engineers, the Corps staff seemed to be of the opinion that road construction through and over wetlands creates a hydrologic barrier for the surface and upper ground water transport. Field investigations and historic photographs suggest that in fact, the hydrology of this area was significantly altered as a result of Georgia Pacific's ditch and road system. The US Department of Agriculture Pender County North Carolina Soil Survey map lists the soils in Tract G1 as Murville soils (See Figure 3). Murville soils are described as having a surface layer of muck about 3 inches thick with a subsoil of fine sand. Given the described soil characteristics, the constructed drainage ditch system and the land disturbance for silviculture, the existing hydrologic functions and characteristics are not comparable to the undisturbed soils as described in the soil survey. MMM conducted soil and groundwater surveys to characterize the soils and hydrology in Tracts G1 and G2. It is MMM's belief, based on modeling procedures approved by the Corps, that the development of the legally constructed ditch drainage system by Georgia Pacific, combined with the development of the silvicultural beds and furrows in the 1980's has altered the surface and subsurface hydrology to the extent that wetland hydrology ceased to exist in Tract G1 following their implementation with a couple of exceptions. These areas of exception are identified as depressions, or areas beyond the influence of drainage ditches as indicated in Figure 8. Tract G2 contains approximately 28.32 acres and is bounded on the west, south and east by the system of drainage ditches constructed in the 1980's. The soils on this tract are mapped as HAPN\011185010N404 permit\404Form AttachmentsFINAL080703.doc Attachment: #19 - Proposed Project Purpose Martin Marietta Materials Rocky Point Quarry Murville Soils according to the US Department of Agriculture Pender County Soil Survey. Kinley-Horn and Associates conducted soil and ground water surveys of this tract and determined that surface and near surface hydrology vary throughout Tract G2. Also, within tract G2 a mixture of upland classified soils as well as the Murville soil series, was identified. These upland areas can be characterized as sand ridges that traverse sections of Tract G2. Field investigations and review of historic photographs indicate that the extensive silviculture land disturbance (beds and furrows) that occurred in Tract G1 did not occur in Tract G2. However, the Georgia Pacific ditch system around Tract G2 was constructed in the early 1980's and it did provide for significant surface and subsurface hydrology alterations. The ditch drainage system influence, combined with upland soils, resulted in most of the area within Tract G2 not exhibiting surface and upper surficial ground water hydrology sufficient to support wetland conditions for any significant period of time A drainage system exists along the border between Tracts G1 and G2 as identified in Figure 7. Review of historical Georgia Pacific documents indicate construction of this drainage system was planned around 1983 to 1984 and historical photographs show the system was constructed prior to 1990. Discharge from this ditch was directed to the boundary drainage system which ultimately discharged to Strawberry Branch in the northern part of the MMM mine area. A chronology of the drainage construction for the area of concern, based on the photography, is attached as Exhibit 2. In anticipation of the need to obtain a 404 permit from the Corps of Engineers (Corps), representatives of MMM met with staff of the Corps and it was agreed that the DRAINMOD model could be used to determine the areas that were previously effectively drained by the silvicultural ditches of Georgia Pacific. The soil survey map for the area classified the soils within Tracts G1 and G2 as Murville soils, however, based on input from the Corps it was agreed that MMM would model the soils as Torhunta soils except for the depression areas which were to be modeled as Croatan soils. The depth of ditches bordering and transecting Tracts G1 and G2 were agreed upon and soil data provided by the US Department of Agriculture, Natural Resource Conservation Service was used to perform the model analysis. It was further agreed by the Corps that a drainage influence of 50 feet would be granted for the ditch dissecting Tract G1 rather than conducting a model run on this feature. The results of the model and the assumptions agreed to by the Corps are indicated in Figure 8. The DRAINMOD model was applied, using ditch depths and soil types agreed upon by MMM and the Corps to predict that hydrology in the upper 12 inches of soils is removed a distance of 425 feet from the ditches along the boundary roads in GI and G2. The G1 interior ditch (not including the depression area in the center of G1) is predicted to remove the upper 12 inches of hydrology a distance of 290 feet It was agreed by MMM and the Corps that the portion of the G1 interior ditch that is located through depression in G1 drains wetland hydrology within 50 feet on either side of the ditch. It was also agreed by MMM and the Corps that other depression areas in G1 and G2 wetland hydrology is not effectively drained by ditches. The results of the DRAINMOD analysis and subsequent input from the Corps in determination of jurisdictional areas in Parcels G1 and G2 are shown in Figure 8. As shown, Tracts G1 and G2 contain a total of 15.89 acres of wetlands, and of that 15.89 acres, 7.52 acres of wetland will be impacted by the proposed mining activity. H:V'N\011185010'404 permit\404Form AttachmentsFINAL080703.doc Attachment: #19 - Proposed Project Purpose Martin Marietta Materials Rocky Point Quarry Table of Areas and Impacts Tract Total Wetland Acres Total Wetland Impacts Area A 0.62 0.62 Area B 1.64 1.64 Area C 0.26 0.26 Area D 2.23 0.0 Area E 1.46 0.0 Area F 4.68 0.0 Area G 0.97 0.97 Area H 4.03 4.03 TOTAL 15.89 7.52 Alternative III: Expansion to other adjacent properties MMM has evaluated alternatives and other than expansion into tracts G1 and G2. Tract E as indicated in Figure 2 to the south of the MMM quarry is not available to MMM for expansion in the time frame available due to the need and uncertainty of obtaining the necessary permits referenced above. The lack of appropriate zoning makes expansion to the south of the existing permitted mine area impossible at this time. Zoning, permitting, construction of infrastructure in Tract E will not be complete before available resources are depleted. The west side of the MMM site is bordered by I40. The existing mining permit prohibits any mining operations within 1000 feet of I40. Therefore, expansion of the mine to the west is not possible. The property located on the south-west corner of the permitted mine area, indicated as Tracts B, C, and D, are owned by others and improperly zoned, therefore expansion of the mine in this direction is not a viable alternative. Expansion of the mine to the north of the existing mine area have been reviewed, however, much of this land contains wetlands and represent potential larger impacts to wetlands than is anticipated with expansion into tracts G1 and G2. Property located to the east of the existing mine area is owned by others and contain wetlands. There have been extensive discussions with the property owners of Tracts H1 and H2 and a mutual agreement to not mine those areas has been reached. Tract H2 has significant areas where wetland hydrology exists in the upper 12 inches of the soil for extended periods of time and therefore it is believed that expansion of the mine to the east could have wetland impacts exceeding the proposed alternative. Avoidance and Minimization In accordance with section 404(b)(1) guidelines, the following is a discussion of the sequencing of the analysis performed for the proposed project. The location of limestone product controls where MMM will need to operate in order to keep the mine operating. Tracts G1 and G2 represent the areas of product availability with the minimum of potential wetland impacts for properly zoned for mining and for which MMM has obtained HAPN\011185010N404 permit\404Form AttachmentsFINAL080703.doc Attachment: #19 - Proposed Project Purpose Martin Marietta Materials Rocky Point Quarry mineral rights. In order to continue to operate the mine in the future it is necessary to expand the mine into areas where the product exists or otherwise there would be no reason to impact the jurisdictional areas. Therefore, to avoid the impacts is not possible if the purpose of the mine operation is to be accomplished. To minimize the impacts of the expansion, careful investigation of the surrounding area has been conducted. The location of available product has been established and those areas containing reserves of minimal economic value have been identified. A significant portion of tract G1 has some product available, however to extract those reserves will require an increase in wetland impacts. MMM has determined that it will not pursue those limited reserves and will protect the small areas of existing wetlands. See Figure 9. Figure 8 demonstrates the amount of wetland and upland areas in Tract G1 that have been determined to be jurisdictional wetlands. Studies have determined that the soil profiles in tract G1 consist of an upper bed and furrow layer approximately 24 inches deep. Beneath this disturbed zone is a layer of fine sand and course sand to a depth of nine to ten feet. At this depth a confining layer of material provides a hydrologic disconnect with ground water located at or near the elevation of the limestone product. MMM proposes to construct a compacted access area along the eastern edge of the proposed mine operations. This access area construction will provide a hydrologic barrier to prevent lateral movement of the hydrology in the upper zones of the soil profile. The confining layer located approximately ten feet below the surface provides a barrier to prevent the vertical movement of the upper zone hydrology. This system will therefore provide a complete envelop to maintain the existing hydrology in its present condition. MMM proposes to continue to operate a sump and pump system for ground water because it is necessary to remove ground water from the product zone within the mine. The location of the discharge point will be such that the water will be conveyed to a system of ditches along the perimeter of the undisturbed areas of tract G1. Using a proposed new ditch, connected to the existing ditch system and water control structures, the surface elevation of water in the ditch system surrounding the remaining area of Tract G1 can be controlled. The proposed water control system will be operated to protect the residual wetland in Tract G1 until such time as the mining operation is complete, the area reclaimed, and the mine pit allowed to fill with water. MMM does hold a mining permit to mine areas to the east of tracts G1 & G2 indicated as tract H1 & H2 in Figure 4. Tract H2 includes numerous wetland areas based upon field reviews. MMM has determined that it will not pursue this area for future mining and has agreed with the adjoining property owners to retain a buffer between this tract and future mining operations. Additionally, MMM has agreed with the eastern adjoining property owners to discharge a portion of the water pumped from the mine to the un-named tributary east of Parcels G1 and G2 in order to supply offsite ponds. MMM is not aware of any conflicts with threatened or endangered species or other Section 404 B-1 issues. Mitigation To satisfy the mitigation requirements for the proposed project, MMM proposes to make a payment of $90,240.00 to the Wetland Restoration Program. The payment amount is based on $12,000 per acre at a compensation ratio of 1:1 for the 7.52 acres of wetland impact. HAPN\011185010N404 permitW04Form AttachmentsFINAL080703.doc Attachment: #24 - Adjoining Property Owners, Lessees, etc. Martin Marietta Materials Rocky Point Quarry Calvin F. Wells (Co-owner/property rights to Parcels G1 and G2) 1905 Ashbrook Drive Wilmington, NC 28403-5301 David B. Sloan (Co-owner/property rights to Parcels G1 and G2) 1925 Hillsboro Road Wilmington, NC 28403-5333 Plum Creek Timberlands, L.P. (surface/timber rights to Parcels G1 and G2) C/O Russell S. Hagan, General Manager, Energy & Natural Resources 999 Third Avenue, Suite 2300 Seattle, WA 98104 HAPM011185010N404 permitW04Form AttachmentsFINAL080703.doc BBi11i03 01: j3 MHt 11 N I'IHK 1 t 1 I H y 7b ( (GIOJYJ iu AGENT AUTHORIZATION FORM Name: Martin Marietta Materials Address: 1!-0. Box 30013, Hnl pj gh, NC 27622 Phone: 919-783-4631 Project Name/Description: Rocky Point Quarry, Pender County, North Carolina Date: August 11, 2003 The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: Ms. Lillette Granade Field Office Wilmington Re: Wetland Related Consulting and Permitting . To Whom It May Concern: I, the current property owner, hereby designate and authori2e Kimley-Morn and Associates, Inc. to act in mylour behalf as my/our agent solel for the purpose of processing of Section 404 permits and 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. Authorized this the 11 day of August 2003 Horace S. Willson Print Property Owner's Name Property Owner's Signature CC: Mr. John Dorsey, N.C. Wetlands Unit 1621 Mail Service Center Raleigh., N. C. 27699-1621 vc.i? a 77 I'shnwbex In z snn-t��5c>r� t.unus�, 0 40 100 t1Nti�1't a '! 0 10 20 ,..ti 4 Miles ' n Miles n A HAN(ON a, 3 re yet J NA uy Title I Vicinity Map Martin Marietta Materials Prepared For: Project Rocky Point Quarryww Pender County, North Carolina Martin Mad n. Material. / \/ v�' Date Project Number July 31, 2003 011185010 f` 0 @1 Figure l Costin Burgaw Stag Park Maple Hill Sw F'ND €? urrie Rocky Point hAnoretown Topsail j?!! / Leland amp, ead Castle H e Scotts Hill V k JJt.'Ette. . t n4l VO, I 'iy. :0 ?r t ? 1- t t t? a. A K , c c t 1 1' _ 3? i s ,r1 1 ? fe rt Y T. .•1 .h _....Jl 'fir "7 i Pv 41 L \t _}4„ 4a Via. , / ?7;!r i}? 'S? k?i ?!y T ut,#.l {''Y 1 ?"`? ?§. 1• ny"1T',' vet- -.?', ',?F,v{ ?.,?'?,7 ' '} ti -Al ,+gWr '1.?` 'i. ?s ,; i" ?!'; ?;?,•?'4 ia? ??tik c" ti,1•,4 ,, [Lys P '' ,} y,iKt/ty.•. YG''°j -4 . 2Y j '? f j t?U, _f S ?+ {yY s; r "` y r;h; t ? ri t? x 0 1,000 2,000 max.. 1 Title Quad Map (USGS Quad Mooretown, North Carolina 1970) Martin Marietta Materials Prepared For: Project Rocky Point Quarry Pender County, North Carolina MWUh MWISM MAtWW M Div Date Project Number Figure July 31, 2003 011185010 2 i • I 1 •4 � t kX JE 00 .4% a � l 1 • • , , r. , ii , • �t 1,000 W V L ! ' Feet Title Soils Map (1998 Color IR Aerial with NRCS Soils Mapping) Prepared For: Project Martin Marietta Materials Rocky Point Quarry Pender County, North Carolina Martin Barletta Mat—We nn v� Project Number Figure Date July 31, 2003 011185010 3 ,.Y�4MWY�Y�4.Wti�w worc.w�.ry u®toa�..wr.as� •yr MOTES. 6ia►e 4M"w U*ftpiqda 0C &Raft asbobwad>alhodba pt PMadown :tair® fen t4lS 5w%" of N'"550" frau SCALE: I' = 12W pw Ong tav t200 aAw �i•1l.1— S _ { t r ra. 1 r � x '*w Jim ss«aaa'•' � R�►Jf L ,t �"IDw100e� •. r. �f .r..- �� t f K4kf t t - s . f LOOM: POW. aftlo ,,, — _ _ _ �, � Approved by Land Quality 90• on September 13, 2002 M �� twstoLw.c .r1W Ri tLvn 1 ...._ J „�vrTao.,n -� ..+ MINE MAT :� nr aona ROCKY POINT QUARRY son,>LQq[Y P[tR�E Y •+gee as m �a 3 Title: Mine Permit Map (September 13, 2003) Prepared for Martin Marietta Materials Project: Rocky Point Quarry Martin Marietta Materials ^ ^ Pender County, North Carolina ..��.....! y A` Date Project Number Figure July 31, 2003 011 185010 4 Aj W2 X �w X. k ,; `s �•'"' . -W"` • ' 'A( ,' 'nom _ _ .,.. M » • 4 i • �.. • •U i- • , Y f • • �. w lk r � _ • fl. ` .}.' : �. .. qtr ih •� AI' Legend Mine Area Pmposeo Yo, • a . f •• ♦ . - - . • h . r ,� A '••` �+ y j. ^r. .+ "w_ .•.y �. :� e r P• Vim• _'� v VwI0 250 00 1 000 Feet AC, zz , + , • iY �, , ff��/ii ; �'�; /;� � Oji'%/', �' �;- :; r;:�;.: �'f �� .''.f�%/ K?EMFJ Kimley-Horn and Associates, Inc. As prgsenlecl to NCDENR December 13, 2002 Summary of Rocky Point Quarry Drainage Chronology (1983 - Present) The following is a chronology, based on personal account and aerial photograph interpretation, of drainage and discharge associated with the Rocky Point Quarry in Pender County, North Carolina. The account focuses on the area of the quarry (2002 limits) and drainages to the east of the pit (Strawberry Branch (SB) and Unnamed Tributary (UT) to Strawberry Branch). Pre-1983 - Prior to construction of the quarry, the existing drainage network of silvicultural and agricultural ditches, as well as natural drainage features, primarily drain to SB. There is a small drainage area for the UT, however, based on the earliest available aerial photographs, the area of the pit and future expansion primarily drains to SB. 1983 to 1989 - As the quarry expands, the sump is installed and discharge is directed south via a pit drainage ditch (PD1) to the Georgia Pacific (GP) property ditch (D2), then north to DI and directed to SB at outfall 01. May 1989 - Discharge is rerouted to the SE corner of the pit to D2. Flow is south to D2, then turns east for approximately 3,500 feet, and then is directed north back to SB. Aerials 1-17-89 and 1-15-90 (Figures 5 and 6) show the installation of a culvert (C i ) on D2 to convey the redirected now, as well as the construction of the "J-road" (RI) and the eastern access road (R2) were constructed for silvicultural purposes during that time. From personal account of the current plant manager (Doug Pope), no culvert was installed in the eastern access road (112) at that time to direct flow into UT, and all flow was directed north to SB (02) via the D3 ditch. March 1990 - Established a new pump station in the SE corner of the pit with continued discharge to D2 and eventually north into SB (02) via the D3 ditch. March 1992 - Aerial photograph shows drainage ditch (133) north connecting to SB through the Wells- Sloan property along R2. 1994 to 1995 - The roadside ditch (133) along R2 was improved with the replacement of a culvert north of the property (Wells-Sloan property) to maintain vehicular/equipment access to the adjacent property, as well as maintain flow (pumped discharge from the pit) to SB. Also during that time period, a culvert (C2) was installed in R2 (by Martin Marietta at the request of the property owner) in the location of UT, however, the elevation of the culvert was set above the ditch bottom elevation so that flow continued to be directed north to SB, and only peak flow/storm events flowed to UT. May 1997 - The pump station at the SE corner of the pit is relocated north to the Hall property with discharge directed to SB (03). Discharge form the pit to the east via D2 is terminated. In Summary, the pumping from the pit has been routed to Strawberry Branch since construction on the pit began. Only a short period (--1995 to 1997) was any part of flow from the pit directed into the Unnamed Tributary. This flow was likely only peak storm flow since the drainage ditch (133) was maintained allowing most of the flow to be directed to Strawberry Branch (03). Therefore, due to the land management activities prior to construction of the mine and influence of the drainage network, infrequent and minimal flow was received by the UT east of the R2 road. H:/PN/011185010/Drainage Chronology Final.doc Prepared 12/12/02 1of14 CM/1 Kimley-Horn and Associates, Inc. As presented to NCDENR December 13, 2002 • Ditches and drainage system in location of the future quarry area appear to drain drains to Strawberry Branch (SB) towards the Northeast. H:/PN/011185010/Drainage Chronology Final.doc Prepared 12/12/02 2 of 14 C Fj KimleyHorn IIIIIIIIIIIIIIIIIIIN and Associates, Inc. As presented to NCDENR December 13, 2002 • Drainage from the expanding pit directed to SB in the NE corner of the site to Outfall 1 (O 1). H:/PN/01 1185010/Drainage Chronology Final.doe Prepared 12/12/02 3of14 • Sump (S 1) with discharge directed to PD 1, D2 (not pictured), and D 1 to the O l outfall. • Pit drainage ditch (PD 1) is installed in the SE corner of the photograph connected to D 1 and conveying discharge flow from the pit to SB at outlet 01. H:/PN/011185010/Drainage Chronology Final.doc Prepared 12/12/02 4of14 Kimley-Horn and Associates, Inc. As presented to NCDENR December 13, 2002 C-F1 Kimley-Horn M and Associates, Inc, As presented to NCDENR December 13, 2002 • The southern boundary ditch (D2) is located along the Georgia Pacific and Wells-Sloan property at this time. All flow in the southern portion of the pit expansion area is directed east through this ditch and then to the North in D1 to outfall 01 into SIB. Even though D2 continues east, past D1, there is no G connection or culvert in D2 at this time. i H:/PN/011 185010/Drainage Chronology Final.doc Prepared 12/12/02 5of14 Kimley-Horn C. ?? and Associates, Inc. As presented to NCDENR December 13, 2002 • Forest roads R1 and R2 constructed for silvicultural purposes and access. Construction of R2 disconnects natural drainage to the UT (southeast of the photograph) since no culvert was installed. • Discharge from the pit continues to be directed to O 1. H:/PN/01 l 185010/Drainage Chronology Final.doc 6of14 I Prepared 12/12/02 G M FI Kimley-Horn and Associates, Inc. As presented to NCDENR December 13, 2002 • R2 is extended to the North beyond the Wells/Sloan property, as well as the ditch (133), which connects to the SB floodplain at the new outlet (02). j • The sump is relocated to a new location (S2). • Discharge from ditches D l through D4 are routed to 02. • Another pit drainage ditch (PD2) is installed to provide conveyance for pit drainage to D4 and discharge to 02. • (hrtfall 01 has been removed. H:/PN/011 185010/Drainage Chronology Final.doc Prepared 12/12/02 7 of 14 C F1 Kimley-Horn M and Associates, Inc. As presented to NCDENR December 13, 2002 • Drainage from the pit directed through PD2 and D4 to D3 and 02. H:/PN/011185010/Drainage Chronology Final.doc Prepared 12/12/02 8of14 C Kimley-Horn and Associates, Inc. As presented to NCDENR December 13, 2002 • Similar conditions to Figure 7. H:/PN/01 11850 1 O/Drainage Chronology Final.doc Prepared 12/12/02 9of14 G Fj Kirnley-Horn and Associates, Inc. As presented to NCDENR December 13, 2002 • Similar conditions to Figure 8. H:/PN/01 1185010/Drainage Chronology Final.doc Prepared 12/12/02 10 of 14 • Similar conditions to Figure 9. H:/PN/011185010/Drainage Chronology Final.doc Prepared 12/12/02 11 of 14 C KimleyHorn and Associates, Inc. As presented to NCDENR December 13, 2002 Kimley-Horn and Associates, Inc, As presented to NCDENR December 13, 2002 H:/PN/0 111850 10/Drainage Chronology Final.doc Prepared 12/12/02 12 of 14 • Culvert (C2) installed in R2 at location of UT (not pictured) • Discharge continues to D3 and 02 except for high flows which flow to UT through the elevated culvert at R2. r CMI1 Kimley-Horn and Associates, Inc. As presented to NCDENR December 13, 2002 12: J rrx H:/PN/011 185010/Drainage Chronology Final.doc 13 of 14 Prepared 12/12/02 • Sump is relocated to the north to a new location (S3) with discharge (through pipe) to SIB at outfall 03. • Other drainage ditches (D1 - 134) continue to drain to 02. C M FI Kimley-Horn and Associates, Inc. As presented to NCDENR December 13, 2002 • Continued pit expansion eastward with pit drainage from S3 directed to 03. H:/PN/011185010/Drainage Chronology Final.doc Prepared 12/12/02 14 of 14