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HomeMy WebLinkAboutNCG020940_POM_20190503PUMPING OPERATION & MONITORING PLAN Brunswick County, North Carolina For Lennon Sand Mine #3 January 2019 Prepared by: NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. 1429 Ash -Little River Road Ash, North Carolina 28420 (910) 287-5900 (910) 287-5902 (Fax) License # C-3641 N&T Project # 18028 Pumping Operation & Monitoring Plan Lennon Sand Mine #3 PUMP SPECIFICATIONS The selected pump will be the following: ® 4" Godwin Diesel MONITORING OF WETLAND AREAS Sediment discharge sampling per General Permit No. NCG020000 Rovwontatiyo, Samp-lino Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measurable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this General Permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.41(j)]. Recordina Results For each measurement or sample taken pursuant to the requirements of this General Permit, the permittee shall record the following information [40 CFR 122.41 ]: • The date, exact place, and time of sampling or measurements; • The individual(s) who performed the sampling or measurements; ® The date(s) analyses were performed; ® The individual(s) who performed the analyses; • 1 he analytical techniques or methods used; and • The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this General Permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below the General Permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Representative Outfall If a facility has multiple discharge locutions with substantially identical stormwater discharges that aro roquirod to bo samplod, tho pormittoo may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then analytical sampling requirements may be performed at a reduced number of outfalls. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan (SPPP). Copies of analytical monitoring results shall also be maintained on -site or be available electronically to a DEMLR inspector upon request. The permittee shall retain records of all monitoring information, including • All calibration and maintenance records • All original strip chart recordings for continuous monitoring instrumentation • Copies of all reports required by this General Permit, including Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions • Copies of all data used to complete the Notice of Intent to be covered by this General Permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or Notice of Intent application. This period may be extended by roquest of they Diiectur rat airy Lime [40 CFR 122.41]. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: • Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this General Permit; • Have access to and copy, at reasonable times, any records that must be kept under the conditions of this General Permit; • Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this General Permit; and • Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this General Permit shall be recorded on Discharge Monitoring Report (DMR) forms provided by the Director or submilted eleulruriivally Lo llie apprupdale aulhurily usiily all approved eleulioiiiu DMR reporting systern (e.g., eDMR). Annual Surnrnary DMRs shall be delivered to fihe Division (Central Office) no later than March 1 of each year (See 2. of this section). In addition, any samples analyzed in accordance with the terms of this permit that violate a wastewater effluent limit or exceed a stormwater benchmark value shall be submitted to the Division Regional Office on a DMR form and delivered to the Division Central Files no later than 30 days from the date the facility receives the sampling results from the laboratory. DMR forms are available on the Division's website (http-//portal ncdenr_oM/web/Ir/npdes-stormwater) Regardless of the. suhmission method (paper or electronic), submittals shall be delivered to the Division, or appropriate authority, according to the provisions above. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. If the permittee monitors any pollutant more frequently than required by this General Permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this General Permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMK The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DEMLR's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. Submitting Reports Two signed copies of the Annual Summary Discharge Monitoring Report (DMR) shall be submitted no later than March 1 of each year to DWR Central Files (not DEMLR): Central Files Division of Water Resources (DWR) 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If wastewater monitoring results indicate a wastewater effluent limit violation, a signed DMR form for that monitoring period shall be sent to the appropriate DEMLR Regional Office (Attn: Stormwater Permitting Program) no later than 30 days from the date the facility receives the sampling results from the laboratory. If stormwater monitoring results indicate a stormwater benchinark value: exceedalwe or the facility is in Tier 2 monitoring, a signed DMR form for that monitoring period shall be sent to the appropriate DEMLR Regional Office (Attn: Stormwater Permitting Program) no later than 30 days from the date the facility receives the sampling results from the laboratory. All stormwater outfall parameters shall be monitored and reported for any monitoring period that the facility is following a Tier 2 response. Addresses for each RO and the counties covered by each RO can be found here: http://porta1.ncdenr.or_g/web/guest/regional-offices. The permittee shall retain the completed originals on site. Visual (Qualitative) monitoring results should not be submitted to the Division unless specifically requested. Blank DMR forms, Annual Summary DMR forms, and visual monitoring forms are available at the website of the Division's Stormwater Permitting Program: http://portal.ncdenr.org/web/Ir/npdes-stormwater The Permit Issuing Authority may require the permittee to begin reporting monitoring data oloctronically during the term of this permit. The permittee may be required to use North Carolina's eDMR Internet application for that purpose. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the address above. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this General Permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 (FR 122 41(I)] This notification requirement includes pollutants which are not specifically listed in the General Permit or subject to notification requirernerrts under 40 CFR Part 122.42 (a). Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the General Permit [40 CFR 122.41(1)(2)]. Spills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part VI of this General Permit. Additionally, the permittee shall report spills including: • Any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. Bypass Notice [40 CFR 122.41(m)(3)1: Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. • Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(I)(6)]. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. Occurrences outside normal business hours may also be reported to the Division's Fmergenoy Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300 Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(I)(7)]. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this General Permit, or submitted incorrect information in that Notice of Intent application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(I)(8)]. i_ ■ We Water will be discharged to the nearby wetlands. Mining will begin towards the back of the property and work its way to the front. Pump locations have been shown on the plans. Area 3C • Placc tho portablo pump at proposed location designatod on the plans • Mine Area 3C o Pump water into the existing wetlands Area 3B • Place the portable pump at proposed location designated on the plans • Mine Area 3B o Pump water into completed Area 3C Area 3A Place the portable pump at proposed location designated on the plans Mine Area 3A o Pump water into completed Area 3B Silt fence will be installed along the haul road where wetlands are immediately adjacent. Other measures will be implemented as deemed necessary. ,. 1131 y 296 w7a WATER FLOW Waz 65 Wa1 W 9 4 ' \ Tax Parcel 1680011501 ZO E W7Y \ SHAWN LENNON Site Li s SH'— Deed Book 3425, Page 332 \ \ Wa \` wa ZONING RR \\ \ 40% \ 048 UNDEVELOPED ; 4D' UNDISTURBED x�51� \ ZONE X \ I Wl4 \ � W73 \ / L41` \ W72 l�,\ W86L42 Was W W7 y"�N Was Area E 32104 2 0 AC "`68 \ S.F. we9 0.74 Acres �itdits MINE AREA #3C z v0pCPF�OSC 0R MINE W91 µ67 <]s IV � \ vaCP� Cglat, 26.97 w92 — aD� — o j5 gps\N to 39 Wfis. 5t11.uNa \ Area D / y 50' UNDISTURBED -" \ 8164 S.F a� 50' UNDISTURBED was \ 0, 1.9 AvrC1:.! Tax Parcel 1680011501 Wba °L36 w3C SHAWN LENNON W61 W63 W49 \ N ID %�•7.15' `� vnDwm OE- WEB d� Deed Book 408/, Page 1036 ��+6b h e� ° W48 Tux Parcel 1680011S01 `\ ZONING RR Wyse W5 ° W47 JIAO XIAOMING \\ 40' UNDISTURBED N:2225O,26 Deed Book 3603, Page 929 \ E:22277 ,6 UNDEVELOPED I W5S ws3 r v g a wss wzzs S�� ZONING R75 \� ] Ws w W46 zs R UNDEVELOPED �. � se• 4 PFOPo, N F R N1 W453 .' W223 1-p�{j3l, Wzz9° '19 W2�� �\ \ (591Y2210 Site Limits4a UNW DSOAPE '`7W L62 W218 I,3 1 64W2,8mg W40 ^� . 40' UNDISTURBED 2 �12T ':. ; ". 2 41 W43 . 4,. �' wz31:. -' ...:... -. L6sWz, wag Area e: / W233 '' W213 'L2zd 0 �4O( 238 123 W2361 4u2s ' .B1 :: :: ; _ 270891 S. a 4 w34: .. 6.10 Acres :.. ; :. ; :. W37 20' HAUL ROAD y� ��t98 Y :: ' •. _ - W212 50• UNDISTURBED 1y 5 ( o so h�/ 0 .. 79a.: \lAm. TEMPORARY SILT t '. WI87 .. FENCE C 38 „ \ L9j- : W269 '�O W32 Svn78 ;.9 W2„ 12.49 AC W,BB W23B : W177 WIB6 W208 l J TEMPO .SIC7' �'. FENCE ' W117 W 4240 W176 W189 \ �••: tea' W20 MINE AREA #3B m- 88: �Oa W1775 \ Wt90 205 241 y M74 \ a' WT92 is 0 - W205 \ C2s WW 94 17 w195 m ':: ; :: ": W20pA,, W172 \\ wigs 99:. 7� UNANDSCAPED ., \\ �. m . 8p /�`50' UNDISTURBED 42 6::: o� M70 \ 19 W200 n m WN64 _ . _ . WISS W202 L7 xim 10 � a"a faRMµ1NE \ u3P 1P.66 AC �0— 5 50' UNIANDSCAPED V/F MINE AREA 3A.S -- Shawn H Lennon WR2 Area A DB 3425 Pg 332 Area 1 ' ° 25841 S.F. 8311 S 1 s a59 Acres s — — — SiIT':..' �A 20' HAUL ROAD ERUGE. �ti � I /qy 40' UN W163T1 SD �7\ rVNDSCAPED l D o �5 50 ��.J9 0.03 e W28 W26 Wt8 �3 ':..: i Area F wrvEW:1,n28,055. 179591 S.F.6'96 '4.12 Acres ml .4338 N:92,052.07 W9 - E:2,227,976.76 Wac9: 74 "E L1543044"EI ' I J S 7419044 1,' , 500- S00' 40 UNDISTURBED FRGE OF PAVEMENT _ �50 . C-NiT-�.H�JIi %• �'I _ _ ----_--- -- -------��-R6W--55-----_—_ 40;UNDISTURBED—___--- 20' HAUL ROAD EXanNG 20' DRIVEWAY TO REAUAN _- ]0'x10 SIGHT PORTION ON NC TRIANGLE (TYPJ BE CONCR \ Tax Parcel 1840000301 / ` /RIVERSEA PLANTATION POA INC Deed Book 3012, Page 215 / `�\I ZONING R75 / ` , \ DEVELOPED / U.S. DEPA MENT OF THE INT MUSGS U.S. GEOLOGICAL SURVEY ERIOR SUPPLY QUADRANGLE No, H UK LIKA-BRU—ICK C, S—To"p"o xarr:.tl.x.xrv.u.w.°o..a,..uwenl.. S—y SCALE 1:24 arr 11, 1*14 men SUPPLY, NC 2.11 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-02249 County: Brunswick County U.S.G.S. Quad: Bolivia NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Shawn Lennon Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC 810 Old Lennon Road Bolivia, NC, 28422 (910)754-8645 69 acres Lockwood Folly River 03040208 Nearest Town Bolivia, NC River Basin Lower Pee Dee Coordinates Latitude: 34.001859 Longitude:-78.247673 Location description: This 69 acre undeveloped tract of land is located on Hwv 211 between Stone Chimney Road and Zion Hill Road in Bolvia, Brunswick County, NC. Indicate Which of the FollowinIZ Apply: A. Preliminary Determination X There are waters, including, wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) 33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you maw request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of C WA/RHA Jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described project area 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. Page 1 of 2 SAML2018-02249 We recommend you have the waters of the U.S. on your property delineated, As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your 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 signed by the Corps Regulatory Official identified below on . 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 project area 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. The piopoity is locatod iir ono of tho 20 Coastal Counties bubj but to logulatiou widor the Coastal Area Mariagoirient Act (LAMA). You should contact the Division of Coastal Management in Wilmington, NC to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Gar, Beecher at (910) 251-4629 or Gary.H.Beecher(a,usace.army.mil. C. Basis For Determination This site, exhibits wetland criteria as described in the 1987 Corers wetland Delineatiari ... .......... _. Manual and the Atlantic and Gulf Coastal Plain Regional Supplement and is hydraulically connected to an Unnamed Tributary of Lockwood Folly River. 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 for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an adnunistrative appeal under Corps regulations at 33 LII'KPart 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: SAW-2018-02249 Date: December 6, 2018 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:Hcorpsmapu.usace.gM.mil/cm apex/f?p=136:4:0. Copy Furnished via e-mail to: Paul Farlev Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 (910)452-0001 Afa rleyA,ImgrouD,pet SAW-2018-02249 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL ; Applicant: Shawn Lennon File Number: SAW-2018-02249 Date: December 6, 2018 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional uiforination may be fouled at http://www,usace.army.infl/Missions/CivilWorks/Re - ulatgaPrograinandPennits.asp or Corps regulations at 33 CFR Part 331. A• INITIAI, PR0FFFRFD PFRMIT: Yoii mfiy aeeept or object to the pe.rtnit. • ACCEPT: If you received a standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative .Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. (: PhkMI C 1)KN [AL You may appea[ the demat of apermit under the Corps of Fhgmeers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2018-02249 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II REQITEST FOR APPEAL or OBJECTIONS`TO AN INITIAL PROFFERED PERMIT : REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF` CONTACT FOR QUESTIONS OR INFORMATION If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Gary Beecher CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Gary Beecher, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM &0111 N a I i Mel a A. REPORT COMPLETION DATE FOR PJD: December 6, 2018 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Paul Farley, Land ManagementGroup C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Lennon Mine, SAW-2018-02249 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Brunswick City: Bolivia Center coordinates of site (lat/long in degree decimal format): I at.: 34.003070 1 ong •-78.247750 Universal Transverse Mercator. 11 S l541 97 376b699 U ( M Name of nearest waterbody: Unnamed tributary to Lockwood Folly River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑X Office (Desk) Determination. Date: December 4, 2018 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH"MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 101404) 1 see attached list 2 3 4 5 6 Aquatic Resources Table SAW-2018-02249 Site Number Latitude Longitude Estimated Type of Resource may amount of Aquatic be subject to aquatic Resource resource (acres) 1 34.1751 -78.2479 13.4 Wetland Section 404 waters 2 34.0406 -78.2475 0.02 Wetland Section 404 waters 3 34.039 -/8.24/9 0.01 Wetland Section 404 waters 4 34.0825 -78.251.1 0.15 Wetland Section 404 waters 5 34.0825 -78.2512 1.1 Wetland Section 404 waters 6 34.2785 -78.2490 0.3 Wetland Section 404 waters 7 34.2891 -782471 0.6 Wetland Section 404 waters 8 84.0400 -78.2491 0.02 _...._.............................................................................. Wetland .... Section 404 waters NOTE: This is not a survey, All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated areas and review and approval by the US Army Corps of Engineers is recommended prior to specific site planning, Red numbers show approximate flag locations. . c � t► xAA i 02 ' - 300.303 14 244-208 dir ; `:. 1 � • ~ _sue a�r. V �ia.�..-... 1. Legend Project area - 69 acres Potential uplands - 52.6 ac or 76% E Potential wetlands - 16.4 ac or 24% L:\WETLANDS\2015\03-15-048a\\maps\mapset.cdr *Boundaries are approximate and are not meant to be absolute. Map Source: 2010 GIS World Imagery SCALE 1" = 300' Lennon Sand Mine #3 LMG i.auminr:ar,,-�irr;rcuoiai,., Figure 6 Brunswick County, NC www.lmg`roup.nei Preliminary May 2018 3805 Wrightsville Avenue UplandMetland Sketch LMG # 03-15-048a Wilmington, NC 28403 Phone:910.452.0001 Fax:910,452,0060