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HomeMy WebLinkAboutNCG020886_COMPLETE FILE - HISTORICAL_20151208\f\t i rc" 0 STORMWATER DIVISION COOING SHEET NCG PERMITS PERMIT NO. /v DOC TYPE B' HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ j 0 / 5 /a U YYYYMMDD �'x l y FLli Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY December 8, 2015 Noah Simpson Simpson Family Holdings, LLC 2401 Arendell Street Morehead City, NC 28557 PAT MCCRORY I iot'emor DONALD R. VAN DER VAART Secrewr.r TRACY DAVIS 1115'clni' Subject: General Permit No. NCG020000 Simpson Borrow Pit COC NCG020886 Carteret County Dear Mr. Simpson: In accordance with your application for a discharge permit received on April 10, 2015, we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Energy, Mineral, and Land Resources. The Division may require modification or revocation and reissuance of the certificate of coverage. Please be aware that mine dewatering at your site has the potential to impact adjacent wetlands. The specific requirements for mine dewatering at facilities near wetlands can be found in Part III, Section E of your permit. You must have an approved Operation and Monitoring Plan before mine dewatering discharges occur at your facility. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. An Operation and Monitoring Plan for your facility must be maintained and any changes to the plan sent to the Wilmington Regional Office for approval. Contact Dan Sams at the Wilmington Regional Office at (910) 796-7215 if your Operation and Monitoring Plan should change or if you have any questions. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, NC 27699-1612 919 707 9200 T i i� lh�', _ 1 Noah Simpson December 8, 2015 Page 2 of 2 Please note that mine dewatering wastewater includes wet pit overflows caused solely by direct rainfall and Voundwater see a e for this type of mining operation. Any discharge of this water (and any stormwater commingled with it) is subject to the effluent limitations in this permit. Also, facilities that discharge to waters classified as SA are required to monitor for fecal coliform as stated in Section D of this permit. This general permit allows the discharge of stormwater and certain types of wastewater from your facility. In your application, you specified that only mine dewatering water would be discharged from this facility. If separate point -source discharges of stormwater occur (i.e., stormwater not combined with mine dewatering water), you will be required to adhere to the conditions in this permit for stormwater discharges. Also, please note the special conditions listed in the Certificate of Coverage. This project is located in one of North Carolina's 20 coastal counties. Coastal stormwater management rules (I5A NCAC 2H .1000) may require an additional State Stormwater Permit (different from the NPDES mining activities discharge permit). Please contact Georgette Scott in the Wilmington Regional Office at (910)796-7335 to determine if you will be required to submit an application for a State Stormwater permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mining, and Land Resources, or permits required by the Division of Water Resources, Coastal Area Management Act, or any other federal or local governmental permit that may be required. If you have any questions concerning this permit, please contact Richard Riddle at telephone number (919) 807-6375. Sincerely, ORIGIN& SIGNED 61 KEN PICKLE for Tracy E. Davis, P.E., CPM cc: Wilmington Regional Office Central Files Stormwater Permitting Program Files Stata of XorthCaratina Entirmm*ntal Qualiiy lrnerjy. Alirwal and Lard [tesoureen 512%<nthSalstutyStrot t 161'\W3eniaaCoaW'14leigh,%C27.$99.161i 919 X7 920 T STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020886 STORMWATER AND MINE DEWATERING DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Simpson Family Properties, LLC is hereby authorized to discharge stormwater and mine dewatering from a facility located at Simpson Borrow Pitt 790 Highway 101 Beaufort Carteret County to receiving waters designated as Wading Creek, a class SA, HQW water in the White Oak River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 1I,11I, and IV of General Permit No. NCG020000 as attached except as noted in the special conditions below. Special conditions: 1. Permittee shall also submit a copy of the Discharge Monitoring Reports to The Division of Marine Fisheries at the following address: North Carolina Division of Marine Fisheries Shellfish Sanitation and Recreational Water Quality Section Attention: Andrew Haines PO Box 769 Morehead City, NC 28557 2. The General Permit requires the measurement of fecal coliform in the permittee's discharge but does not impose a fecal coliform effluent limit. • In the Wading Creek SA waters, a Water Quality Standard fecal coliform median count of 14co11100m1 has been established. • The discharge shall not cause the median count of the receiving water to exceed Water Quality Standards. • if the fecal coliform test results exceeds 14col/100m1 the permittee shall then: o Propose actions to identify the source and the significance of the fecal coliform contributions. o Request DEMLR Regional Office consultation, either via phone or on site. o Together with DEMLR RO, propose solutions to rectify the discharge of fecal coliform and a proposed time schedule. This certificate of coverage shall become effective December 8, 2015 This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 8, 2015, ORIGINAL SIGNED W KEN PICKLE for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission � r � r�� ••',C �•w � it � '�+Y tr,�{'��C �� ,e err.• � s '^'elf ,, �*, •+•� ':;7.,"-i,.`.�f ia�`-i� rf:•: �"'r�=ae�`�cre•c � rysr l; Ii..�-C:'���a�''"�Y :}}��i.. �.'f °4 8.7"N Simpson Borrow Pitt Ar •tea alp , ftiuw Y4q (�' i J-�5r ; `• -LfT to• - Bea head City , I :� � 'n �� V; . � nt ' _ of Ai 303 •'' -•gyplow +�� •.f�. 4 r 9 J 111 "I , ydr M 4 II E ., f r s•4as• �• ..•J( • IC—Rli( •-( a j� .•'� a • � soy 3 a / a �� 1• of NCG020886 N W E S. Map Scale 1:24,000 94� Simpson Family Properties LLC Simpson Borrow Pitt Latitude: 340 44' 47" N Longitude: 760 38' 34" W County: Carteret Receiving Stream: White Oak Stream Class: SA, HQW Index Number: 21-27 (White Oak) �►,�� fiTa�j1►�1 Facility Location PAT MCCRORY i♦ Governor Um !meµ DONALD R. VAN DER VAART Environmental Secretory Quality November 20, 2015 MEMORANDUM TO: Richard Riddle, Stormwater Engineer Division of Energy, Mineral and Land Resources From: Andrew Haines Environmental Program Supervisor Through: Patti Fowler, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: NPDES Notice of Intent Applicant: Noah Simpson Project Location: Simpson Family Properties, LLC Borrow Pit Carteret County Proposed Project: Proposed Discharge From Dewatering Of Borrow Pit While Wading Creek itself is currently closed to the harvest of shellfish, the waters in the Newport River off of Wading Creek are currently classified as Conditionally Approved Open, and are typically open to shellfish harvest. There are a number of shellfish leases in this area as well, Historically, water quality outside Wading Creek has been high, but since the beginning of 2014, we have begun seeing problems arise with the bacteriological water quality in the area. While it is difficult to connect these water quality problems to any one source, it is notable that these issues began to arise at the same time that dewatering from this borrow pit began. Because of these ongoing water quality issues, it is recommended that strict fecal coliform limits be included in the permit conditions for this discharge. Currently, the fecal coliform limit for shellfishing waters is 14 fecal coliform1100 mL. It is also requested that a copy of the results from the quarterly fecal coliform sampling be sent to the Division of Marine Fisheries Shellfish Sanitation and Recreational Water Quality Section as they are received. Finally, it is requested that the mitigation requirements that will result from exceedances of the fecal coliform limits be included in the permit conditions as well. Nothing Compares�-, State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 7.7699-1601 919-707-8600 Riddle, Rick L From: Sent: To: Cc: Subject: FYI, for your consideration: Pickle, Ken Friday, December 04, 2015 8:53 AM Riddle, Rick L Bennett, Bradley; Georgoulias, Bethany RE: Simpson Borrow Pit and Shellfish Sanitation memo it happens only rarely, but we do occasionally get either DMF SS or PWS comments on our mandatory administrative review by those folks. Their review is required when we are permitting a wastewater discharge to SA or WS waters (potentially under NCG02 like this time, or NCG14 which was my only previous instance that I can recall now, or presumably one day under NCG24.) While I once used the cover letter to convey additional requirements to the permittee discharging to a WS water, now I think that as our comfort with an augmented COC increases it should be the preferred vehicle and a standard programmatic too! for unusual circumstances under a General Permit and where we may not want to use an individual permit. kbp From: Pickle, Ken Sent: Thursday, December 03, 2D15 3:34 PM To: Riddle, Rick L <rick.riddle@ncdenr.gov> Cc: Bennett, Bradley <bradley. bennett@ncdenr.gov>; Georgoulias, Bethany<bethany.georgoulias@ncdenr.gov> Subject: Simpson Borrow Pit and Shellfish Sanitation memo Hi Rick, Maybe we can respond to the three points in the DMF SS memo by using an augmented Certificate of Coverage. What do you think about this approach in three steps? 1. Per their 11/20/2015 memo DMF SS requests a copy of the quarterly fecal testing. We can accommodate their request. That testing will be recorded on the permittee's DMR, so let's augment the COC to require that the permittee make additional distribution copies of the DMRs to the address provided by DMF SS. Note: the dewatering monitoring will be quarterly for the first year, but then will switch to semi-onnually, unless there is a permit limit violation in any of the monitored parameters. Presumably DMFSS understands that semi-annual sampling may be the norm after the first year, not quarterly, since you did invite them to read the permit. 2. Per the same memo DMR requests that the "specific mitigation requirements" for any fecal exceedances should be identified in the permit conditions. While we are not going to change the text of the General Permit to achieve this, still we can substantially accommodate their request. As a beginning point, it is clear we can't identify the remedial actions necessary in advance since we don't know the specific physical circumstances that may cause any specific high fecal concentration. The pumping of groundwater would not be intuitively assumed to have a high fecal content — so there is no obvious source of the fecal coliform that would allow us to identify source mitigation actions in advance. As you have already pointed out to them in the email exchange, we look to the RO to assess the on -the -ground and in -the -water circumstances for fecal coliform discharges. This is very important in these difficult circumstances: consider that Wading Creek is certainly tidal; that while the body of Wading Creek has a natural waterway footprint, the site appears to be connected to it via a relatively long straight-line feature, perhaps a ditch through property apparently owned by others; the area contains a few residences close to the water, and some cultivated fields bordering the straight line feature; Wading Creek is closed to shellfishing, and so may have other contributors of bacteriological pollution; the correlation between end -of -pipe testing at the Simpson Borrow Pit and the instream concentration in a tidal feature may depend on dilution and on the stage of the tide. But still we can set up the COC+ with an additional item that identifies the permittee's first steps toward specific mitigation actions as requested by DMF SS, and that seek to identify and target the fecal coliform source: a. As per the already existing permit text (Part V Section E paragraph 1) the permittee shall notify the RO within 30 days of receipt of the sampling results with values above the limit or benchmarks in the permit. In addition to the permit text requirements, the permittee shall also submit any such fecal results to the DMF SS at the address provided. b. Further, as a part of the notification and submittal, the permittee shall identify proposed actions to rectify the discharge of fecal, along with a_proposed time schedule. c. Further, the permittee shall request DEMLR RO consultation, either via phone or on site. The RO can review the submitted results in hand and respond to the permittee either based on a site visit, or over the phone based on review of the submitted results. d. Further, the permittee shall submit all follow-up sample results to the RO with a status report assessing the progress and success of the mitigation plan. e. Further, the DEMLR RO can suggest changes to the permittee's mitigation actions in order to prevent violation of SA WQS in Wading Creek. 3. Per the same memo DMF SS recommends that fecal coliform limits be included in the permit conditions, and cites the current SA WQS of 14/100 mL (well, actually, it's a median count of 14/100mL.) While we are not going to change the text of the General Permit that went through public review, we can still substantially accommodate DMF SS. The current permit requires fecal testing, but does not contain fecal limits. At the moment we do not have a basis to set end -of -pipe limits on this discharge. But the SA WQS are always relevant, and our permittee must not cause a violation of WQS. In lieu of inserting limits as recommended by DMF SS, what do you think about using the COC+to establish a 30-day `reporting trigger' concentration for the fecal sample results that will set in motion the s eci is miti otion actions in item 2 above? Not a limit, not even a benchmark: a reporting trigger. We could use the suggested SA WQS value of median count 14/100mL. While the `reporting trigger' does not set up a permit limit violation, there still exists a basis for enforcement: if the permittee is found to be violating instream WQS in Wading Creek we can certainly enforce on him (or maybe DWR can enforce on him) to achieve the objective of unpolluted discharges to protect Wading Creek. So, in summary: Use an augmented COC (a) to require DMR copies to DMF SS, (b) to identify the first steps for establishing the specific mitigation actions, and (c) to use 14/100 mL as the reporting value triggering the mitigation actions (suggest alternate numerical value?). Our rules at 15A NCAC .02H .0107(a) require that we must submit permit applications for the discharge of waste into SA waters to DMF SS for "review and written approval." DMF SS has responded already with their conditional approval as outlined in three points in their 11/20/2015 memo. The augmented COC approach would be one way to implement the essence of their conditional approval. Ken Pickle, Ken From: Pickle, Ken Sent: Friday, December 04, 2015 8:53 AM To: Riddle, Rick L Cc: Bennett, Bradley; Georgoulias, Bethany Subject: RE: Simpson Borrow Pit and Shellfish Sanitation memo FYI, for your consideration: It happens only rarely, but we do occasionally get either DMF SS or PWS comments on our mandatory administrative review by those folks. Their review is required when we are permitting a wastewater discharge to SA or WS waters (potentially under NCG02 like this time, or NCG14 which was my only previous instance that I can recall now, or presumably one day under NCG24.) While I once used the cover letter to convey additional requirements to the permittee discharging to a WS water, now I think that as our comfort with an augmented COC increases it should be the preferred vehicle and a standard programmatic tool for unusual circumstances under a General Permit and where we may not want to use an individual permit. kbp From: Pickle, Ken Sent: Thursday, December 03, 2015 3:34 PM To: Riddle, Rick L <rick.riddle@ncdenr.gov> Cc: Bennett, Bradley <bradley.bennett@ncdenr.gov>; Georgoulias, Bethany <bethany.georgoulias@ncdenr.gov> Subject: Simpson Borrow Pit and Shellfish Sanitation memo Hi Rick, Maybe we can respond to the three points in the DMF SS memo by using an augmented Certificate of Coverage. What do you think about this approach in three steps? p/1. Per their 11/20/2015 memo DMF SS requests a copy of the quarterly fecal testing. We can accommodate their request. That testing will be recorded on the permittee's DMR, so let's augment the COC to require that the germittee make additional distribution copies of the DMRs to the address provided by DMF SS. Note: the dewotering monitoring will be quarterly for the first year, but then will switch to semi-annually, unless there is a permit limit violation in any of the monitored parameters. Presumably DMF SS understands that semi-annual sampling may be the norm after the first year, not quarterly, since you did invite them to read the permit. Per the same memo DMR requests that the "specific mitigation requirements" for any fecal exceedances should be identified in the permit conditions. While we are not going to change the text of the General Permit to achieve this, still we can substantially accommodate their request. As a beginning point, it is clear we can't identify the remedial actions necessary in advance since we don't know the specific physical circumstances that may cause any specific high fecal concentration. The pumping of groundwater would not be intuitively assumed to have a high fecal content — so there is no obvious source of the fecal coliform that would allow us to identify source mitigation actions in advance. As you have already pointed out to them in the email exchange, we look to the RO to assess the on -the -ground and in -the -water circumstances for fecal coliform discharges. This is very important in these difficult circumstances: consider that Wading Creek is certainly tidal; that while the body of Wading Creek has a natural water way footprint, the site appears to be connected to it via a relatively long ti straight-line feature, perhaps a ditch through property apparently owned by others; the area contains a few residences close to the water, and some cultivated fields bordering the straight line feature; Wading Creek is closed to shellfishing, and so may have other contributors of bacteriological pollution; the correlation between end -of -pipe testing at the Simpson Borrow Pit and the instream concentration in a tidal feature may depend on dilution and on the stage of the tide. But, still we can set up the COC+ with an additional item that identifies the permittee's first steps toward specific mitigation actions as requested by DMF SS and that seek to identify and target the fecal coliform source: a. As per the already existing permit text (Part V Section E paragraph 1) the permittee shall notify the RO within 30 days of receipt of the sampling results with values above the limit or benchmarks in the permit. In addition to the permit text requirements, the permittee shall also submit any such fecal results to the DMF SS at the address provided. b. Further, as a part of the notification and submittal, the permittee shall identify proposed actions to rectify the discharge of fecal, along with a proposed time schedule. c. Further, the permittee shall request DEMLR RO consultation, either via phone or on site. The RO can review the submitted results in hand and respond to the permittee either based on a site visit, or over the phone based on review of the submitted results. d. Further, the permittee shall submit all follow-up sample results to the RO with a status. report assessing the progress and success of the mitigation plan. e. Further, the DEMLR RO can suggest changes to the permittee's mitigation actions in order to prevent violation of SA WQS in Wading Creek. 3. Per the same memo DMF SS recommends that fecal coliform limits be included in the permit conditions, and cites the current SA WQS of 14/100 mL (well, actually, it's a median count of 14/100mL.) While we are not going to change the text of the General Permit that went through public review, we can still substantially accommodate DMF SS. The current permit requires fecal testing, but does not contain fecal limits. At the moment we do not have a basis to set end -of -pipe limits on this discharge. But the SA WQS are always relevant, and our permittee must not cause a violation of WQS. In lieu of inserting limits as recommended by DMF SS, what do you think about using the COC+ to establish a 30-day'reporting trigger' concentration for the fecal sample results that will set in motion the specific mitigation actions in item 2 above? Not a limit, not even a benchmark: a reporting trigger. We could use the suggested SA WQS value of median count 14/100mL. While the 'reporting trigger' does not set up a permit limit violation, there still exists a basis for enforcement: if the permittee is found to be violating instream WQS in Wading Creek we can certainly enforce on him (or maybe DWR can enforce on him) to achieve the objective of unpolluted discharges to protect Wading Creek. So, in summary: Use an augmented COC (a) to require DMR copies to DMF SS, (b) to identify the first steps for establishing the specific mitigation actions, and (c) to use 14/100 mL as the reporting value triggering the mitigation actions (suggest alternate numerical value?). Our rules at 15A NCAC .02H .0107(a) require that we must submit permit applications for the discharge of waste into SA waters to DMF SS for "review and written approval." DMF SS has responded already with their conditional approval as outlined in three points in their 11/20/2015 memo. The augmented COC approach would be one way to implement the essence of their conditional approval. Ken Ken Pickle Stormwater Program Specialist NCDENR I DEMLR j Stormwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919)807-6376 Fax: (919) 807-6494 Email: ken. pickle@ncdenr.gov Website: htt orta1.ncdenr.or web Ir stormwater ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations." Riddle, Rick L From: Haines, Andrew Sent: Friday, November 20, 2015 3:22 PM To: Riddle, Rick L Subject: RE: Simpson Family Properties - Wading Creek Attachments: Simpson Family Properties Borrow Pit Dewatering.docx Hi Rick, Attached is the memo we put together regarding our concerns with this particular discharge. I appreciate all of your help as we worked through this! If it is possible to include our address on the list of recipients for the fecal coliform monitoring data, you can include the following information: North Carolina Division of Marine Fisheries Shellfish Sanitation and Recreational Water Quality Section Attention: Andrew Haines PO Box 769 Morehead City, NC 28557 If you have any questions or concerns with this, don't hesitate to call or email. Thanks, and have a great weekend Andy Andrew Haines Environmental Program Supervisor I Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section Department of Environmental Quality 252-808-8149 office andrew.haines@ncdenr.gov PO Box 769 Morehead City, NC 28557 --''Noticing Cornpares—,-- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Riddle, Rick L Sent: Thursday, November 19, 2015 8:35 AM To: Haines, Andrew <andrew.haines@ncdenr.gov> Subject: RE: Simpson Family Properties - Wading Creek Andy, Good morning from the Capital. i am curious about what part of the state you are working in. 1 love the coast and my sisters and parents live there or nearby. i guess i might have failed to mention that the applicant is applying coverage under the NCG02 General Permit (GP), which is already set up with monitoring requirements and the like. Bethany said that the fecal coliform monitoring t requirement was added per DMF request. I have included part of that section D if you wish to see it and the GP is available online to view (http:Hportal.ncdenr.org/web/lr/npdes-storniwater#tab-3). But to answer your questions, as set up in the GP, the Central Office receives data yearly and the Regional Office will receive the monitoring data results if sample results exceed effluent limitations within 30 days of receiving results. To answer the "What type of action can be taken if fecal coliforms are found to be a problem in the discharge", Section D, Monitoring for Mine Dewatering and Authorized Process Wastewater Discharges of the permit states in part "An eeceedance... results in a violation of the permit conditions and pray be subject to en forcemeni action as specified in Part V. Section A.2 of this 2erinit." Because the fecal coliform standards are complicated for stormwater interactions the threshold was left to individual RO's decisions and it is also dependent upon if the waterbody has a problem with bacteria. That might be a little fuzzy and if you want to talk about it that would be fine. I will be out of the office for the middle part of today on a site visit. Richard L. Riddle, Jr. Stormwater Engineer North Carolina Department Eriviromental Quality North Carolina Division Energy Mineral Land Resources K..., C. Nothing Compares--,.-, Emoil correspondence to and from this oddress is subject to the North Corolino Public Records Low and may be disclosed to third porties. From: Haines, Andrew Sent: Tuesday, November 17, 2015 4:23 PM To: Riddle, Rick L <rick.riddle@ncdenr.gov> Subject: RE: Simpson Family Properties - Wading Creek Hi Rick, Thanks for that info. A few quick followup questions: For the quarterly monitoring for fecal coliforms, who receives the results of that monitoring? What type of action can be taken if fecal coliforms are found to be a problem in the discharge/what is the threshold you guys use to determine if it is a problem? would we be able to review a draft copy of the permit before it is issued to iook more specifically at the language as it relates to fecal conform monitoring? Overall, taking into account the questions I posted above, I think that the quarterly monitoring should most likely be good for us, and I will draft up a memo in the coming days to send over to you reflecting what we talked about on the phone. Thanks, and have a good evening Andy Andrew Haines Environmental Program Supervisor I Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section Department of Environmental Quality 252-808-8149 office andrew.haines@ncdenr.gov PO Box 769 Morehead City, NC 28557 KII-D`- -::--Nothing Compares_ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Riddle, Rick 1. Sent: Tuesday, November 17, 2015 2:17 PM To: Haines, Andrew <andrew.haines@ncdenr.gov> Subject: Simpson Family Properties - Wading Creek Andy, The new NCG02 permit has quarterly sampling requirements for fecal coliform for mines dewatering into SA waters, such as this mine. I can highlight the sampling in the cover letter but we do not usually put in special requirements in COC for a general permit. Would this be sufficient for your requirements? Thanks Richard L. Riddle, Jr. Stormwater Engineer North Carolina Department Enviromental Quality North Carolina Division Energy Mineral Land Resources 919 803-6375 office rick.ridd leRncdenr.aov 512 North Salisbury Street 1612 Mail Service Center Raleigh, NC 27699-1612 Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 3 Riddle, Rick L From: Jenkins, Shannon Sent: Tuesday, November 03, 2015 2:14 PM To: Riddle, Rick L Subject: RE: NCG020888 Simpson Family Properties, SA waters with a Mining Permit Richard, I received your email. We will get back to you before the deadline, and hopefully sooner. Thanks Shannon From: Riddle, Rick L Sent: Monday, October 26, 2015 2:22 PM To: Jenkins, Shannon <shannonJenkins@ncdenr.gov> Subject: NCG020888 Simpson Family Properties, SA waters with a Mining Permit Shannon, My above COC for Simpson Family Properties discharges to Wading Creek with a classification of SA, HQW (index #21- 27). 1 have attached the NOI for your review. So I need to obtain approval by Div. of Marine Fisheries before issuing a Certificate of Coverage. After your review, please respond via the enclosed Memo with any recommendations for issuance of the permit. COC # Facility Receiving Stream City/County NCGO20888 Simpson Family Properties Wading Creek Beaufort/Carteret If you need any more info, please give me a call or email. If you could send me your review to issue the permit by 11/26/2015, that is good, but if you can get it sooner I would appreciate it. Thanks, and have a great day. Richard L. Riddle, Jr. Stormwater Engineer North Carolina Department Enviromental Quality North Carolina Division Energy Mineral Land Resources 919 803-6375 office rick`riddl_e&cderingov 512 North Salisbury Street 1612 Mail Service Center Raleigh, NC 27699-1612 Nothing Compares. Fmod correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties. North Carolina Department of Environmental Quality Pat McCrory Governor October 26, 2015 Memorandum To: Shannon Jenkins Division of Marine Fisheries Shellfish Sanitation Section P.O. Box 769 Morehead City, NC 28557 From: Richard L. Riddle, Jr Stormwater Permitting Program Subject: Proposed coverage under General NPDES General Stormwater Permit: Simpson Family Properties LLC — Carteret County (Beaufort) Donald R. van der Vaart Secretary Does this NPDES Stormwater permit cover wastewater discharges? ❑Yes [:]No If discharging waste water the estimated discharge flow rate is: not specified The subject facility has applied to the Division of Water Quality for coverage under the General NPDES Permit, NCG020000. Please find attached the facility's application (Notice of Intent). If contains WW.• Because this wastewater discharge is into waters classified SA and protected for Shellfishing, we need your Division's concurrence before we allow coverage of this discharge under the General NPDES Stormwater Permit. We request that you advise us as early as possible about whether your Section concurs with issuing coverage for this facility under the General Permit. If you have questions concerning this matter, please contact me at 919-807-6375 cc: Wilmington Regional Office, Brian Lambe Stormwater Permitting Program Files Central Files Attachments Division of Energy, Minerai, and Land Resources Energy Section o Geological Survey Section - Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http://portal.ncdenr,org/web/lr/ Mailing Address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9200 / FAX: 919-715-8801 An Equal Opportunity \ Affirmative Action Employer --50% Recycled \ 10% Post Consumer Paper Last Accessed 1012612015 10: 57 AA4 Table 5: DEH Contacts for WS Permits With Wastewater http://www.newater,oM/Vws/staff.htm Asheville Jim Adams Rm.Adams ncmailnet Fayetteville Debra Benoy debra.benoy@ncmail.net Morresville Britt Setzer britt.Setzer ncmailnet Raleigh Michael Douglas michaeI.Douglas@ncmail.net Washington & Wilmington Fred Hill (located at WARO) fred.hill@ncmail.net Winston Salem Lisa Edwards lisa.edwards@ndenr.gov Table 6: Shellfish Sanitation Contacts for SA Permits With Wastewater Shannon Jenkins Division of Marine Fisheries *7 r/ Shellfish Sanitation Section �l P.O. Box 769 j Moorhead City, NC 28557 U 10. What to include in the email. See example Email (see Appendix B) a. Scan in the application as a .pdf 1. Scan in using the copier 2. Will go to the Neuse/shared documents server with the current date as the file name b. County c. Discharge water and classification d. Any special information (such as hazardous waste) e. Ask if have any objection, or if there are wetlands nearby when it is a mining permit (02) f. Give the Regional Office 30 days to respond before issuing the COC. (If this is a mining permit, the facility must have the DLR mining permit before we look at their application or consider sending it to the region) 11. Notify these counties of COC issuance by cc'ing them on the cover letter. Addresses for these notifications are provided in Appendix D.: a. Mecklenburg b. Wake 12. Update the events section in BIMS. Completed sections should be: a. Application received b. Application reviewed c. Regional Office report requested d. Regional Office report received e. DO NOT DO THE PERMIT ISSUED DATE 19. Draft the permit COC, cover letter, map. See Appendix C for an example. 20. Make the COC out to the owner on the application. This can differ from the facility. Note that there is not a space on the application for the owner's name. Look at the person who 28 Riddle, Rick L From: Riddle, Rick L Sent: Monday, October 12, 2015 9:17 AM To: Lambe, Brian Subject: FW: NCG020886 Simpson Family Properties NOI Attachments: NCG020886 Simpson Family Pumping plan_other.pdf Brian, Hope you are doing well. Any updates on this review? Did the last bit of info complete the items that you needed? Thanks Richard L. Riddle Jr.,Storrnwater Engineer NCDEQ i DEMLR f Storm -water Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 919 / 807-6375; 919 / 807-6494 (fax) Website: litt :// ortal.ncdenr.or r/web/Ir/storinwater E-mail correspondence to and from this address mar be subject io the ,North Carolina Public Records hnr and men, be disclosed ro Third parries. From: Riddle, Rick L Sent: Monday, July 13, 2015 9:48 AM To: Lambe, Brian <brian,lambe@ncdenr.gov> Subject: RE: NCG020886 Simpson Family Properties N01 Brian, I received and have enclosed a -revised pumping 0&M plan, withdraw records for April & May and a copy of the permit for Withdraw and Use of Water from Stroud Engineering. I took a preliminary look at it but let me know what you think. Richard L. Riddle.) T.,Storniwaler Engineer NCDENR / DEMLR / Stormwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 9191807-6375; 9191807-6494 (fax) Website: htt :1/ ortal.ncdenr.or web/Ir/storniwater E-mail correspondence to and from this address may be mbjeci io the Norlh Carolina Ptrbl is Records lent, and may be disclosed fo Third parties. From: Lambe, Brian Sent: Wednesday, April 22, 2015 3:21 PM To: Riddle, Rick L Subject: RE: NCG020886 Simpson Family Properties NOI The other issue I was raising was that in Carteret the pumping reporting number is 10,000 gal/day, not 100,000, right? But that's not NPbES. Riddle, Rick L From: Riddle, Rick L Sent: Monday, July 13, 2015 9:48 AM To: Lambe, Brian Subject: RE_ NCG020886 Simpson Family Properties NOI Attachments: NCG020886 Simpson Family Pumping plan_other.pdf Brian, I received and have enclosed a revised pumping 0&M plan, withdraw records for April & May and a copy of the permit for Withdraw and Use of Water from Stroud Engineering. I took a preliminary look at it but let me know what you think. NCDENR / DEMLR / Stormwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 919 / 807-6375; 919 / 807-6494 (fax) Website: http://portal.ncdenr.org/web/lr/storinwater E-mail correspondence to andfrom this address may be subject to the North Carolina Public Records Imv and may be disclosed to third parties. Riddle, Rick L From: Lambe, Brian Sent: Friday, May 08, 2015 9:14 AM To: Riddle, Rick L Subject: RE: NCG020886 Simpson Family Properties NOI Greater information is being requested for regarding pumping. We should know more after their response. They need to snag a copy of the DOT 0& M Brian Lambe Environmental Specialist Land Quality Section NC Division of Energy, Mineral, and Land Resources (910) 796-7314 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Riddle, Rick L Sent: Thursday, May 07, 2015 4:42 PM To: Lambe, Brian Subject: RE: NCG020886 Simpson Family Properties NOI Brian, Were you or someone else from RO going to contact owner about the need for an 0 & M Plan, the question about the 100,000 GPD, and pumping protocols? Thanks R&v 47 d .d. ,Addle ;L . Stb7Att..tV/ £agfixeat NCDENR / DEMLR / Stormwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 919 / 807-6375; 919 / 807-6494 (fax) Website: http://porta1.ncdenr.orp-/web/Ir/stormwater G-mail correspondence to and from this address may he subject to the North Carolina Public Records law and njaY he disclosed to third parties. From: Lambe, Brian Sent: Thursday, May 07, 2015 12:26 PM To: Riddle, Rick L Subject: RE: NCG020886 Simpson Family Properties NOI The mining permit will be asking for additional information regarding pumping protocols. The application says there will be a time limit on the pumping as not to exceed 100000 gal/day. This seems to be not very feasible. I also think that more detail is needed for an 0 & M plan. Brian Lambe Environmental Specialist Land Quality Section NC Division of Energy, Mineral, and Land Resources Riddle, Rick L From: Lambe, Brian Sent: Thursday, May 07, 2015 12:26 PM To: Riddle, Rick L Subject: RE: NCG020886 Simpson Family Properties NOI The mining permit will be asking for additional information regarding pumping protocols. The application says there will be a time limit on the pumping as not to exceed 100000 gal/day. This seems to be not very feasible. I also think that more detail is needed for an 0 & M plan. Brian Lambe Environmental Specialist Land Quality Section NC Division of Energy, Mineral, and Land Resources (910) 796-7314 E-mail correspondence to and from this address may be subject -to the North Carolina Public Records Law and may be disclosed to third parties. From: Riddle, Rick L Sent: Wednesday, April 22, 2015 4:07 PM To: Lambe, Brian Subject: RE: NCG020886 Simpson Family Properties NOI Brian, You would probably know that better than I (although I could ask around if you need me too). Also to note on your inspection, the NOI mentions NCDOT having a project with pumping going on 24/7. Not sure what that is about. P.S. Did you receive or get a chance to visit Devan's Sand Pit (NCG020877) in Duplin Co yet? Thanks ,�celiaxcl R4" &.. Sayt.4t= E-9411M' NCDENR / DEMLR / Stormwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 919 / 807-6375; 919 / 807-6494 (fax) Website: http://portal.ncdenr.org/web/Ir/stortnwater F.-mad correspondence to and front this address inm, be subject to the North Carolina Public Records law and may be disclosed to third parties. From: Lambe, Brian Sent: Wednesday, April 22, 2015 3:21 PM To: Riddle, Rick L Subject: RE: NCG020886 Simpson Family Properties NOI The other issue I was raising was that in Carteret the pumping reporting number is 10,000 gal/day, not 100,000, right? But that's not NPDES. Brian Lambe Environmental Specialist Land Quality Section NC Division of Energy, Mineral, and Land Resources (910) 796-7314 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Riddle, Rick L Sent: Wednesday, April 22, 2015 3:11 PM To: Lambe, Brian Subject: RE: NCGO20886 Simpson Family Properties NOI Yes, I was very curious about the waters and their proximity to the project. Thanks Brian Ra--'-sL.e. . Sta— NCDENR / DEMLR / Stormwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 919 / 807-6375; 919 / 807-6494 (fax) Website: http://portal.ncdenr,orp,/web/Ir/stormwater E-mail correspondence to and front This address may he suhfeci to the North Carolina l'uhhe Records lrnr and may he disclosed la third parries. From: Lambe, Brian Sent: Wednesday, April 22, 2015 3:06 PM To: Sams, Dan; Riddle, Rick L Subject: RE: NCG020886 Simpson Family Properties NOI Jo Ann Steinhaus and I will be visiting the site tomorrow. The mining permit states that the discharge is to a unregulated ditch. However, it appears that it is very close to some tidal SA waters. I will reply to you when I get the DWR report for the mining review. Brian Lambe Environmental Specialist Land Quality Section NC Division of Energy, Mineral, and Land Resources (910) 796-7314 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Sams, Dan Sent: Wednesday, April 22, 2015 10:29 AM To: Riddle, Rick L Cc: Lambe, Brian Subject: RE: NCG020886 Simpson Family Properties NOI Rick: Yes, it never hurts for us to see the plan sheet. Thanks.... dan From: Riddle, Rick L Sent: Wednesday, April 22, 2015 10:07 AM To: Sams, Dan; Lambe, Brian Subject: RE: NCG020886 Simpson Family Properties NOI Brian/Dan, Do you want me to mail the plan sheet to the RO for review and site visit? NCDENR / DEMLR / Stormwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 919 / 907-6375; 919 / 807-6494 (fax) Website: http://2ortal.ncdenr_ore/web/Jr/stormwater F: marl correspondence to and from this address may be subject to the North Carolina f iblic Records law and may be disclosed to third Ixirries. From: Sams, Dan Sent: Wednesday, April 22, 2015 9:52 AM To: Lambe, Brian Cc: Riddle, Rick L Subject: FW: NCG020886 Simpson Family Properties NOI Brian Please review the site information and plan a site visit. Let me know your observations. Thanks.... dan From: Riddle, Rick L Sent: Wednesday, April 22, 2015 9:49 AM To: Sams, Dan Subject: NCG020886 Simpson Family Properties NOI Dan Sams: Hope you are having a good week. Please review the attached NO] application and please respond to me with any recommendations for issuance of the permit. Your recommendation to issue the permit serves as your acknowledgement that (1) the facility is located in your region, (2) that there are no current complaints outstanding about the facility that have not been dealt with, and (3) that the facility may ultimately be inspected by the regional staff. I am mailing the Borrow & Reclamation plan separately for your review. J COC # J Facility I Location I City/County NCG020886 Simpson Family Properties 790 Hwy 101 Beaufort/Carteret If you need any more info, give me a call. If you could send me a recommendation to issue the permit by 05/22/2015, I'd appreciate it, so I can issue their COC. I cannot issue the permit until the respective regional office reviews and comments back to me with a recommendation to issue the permit. 'hanks, Richard Riddle ,Rrelraed .e'. ,Redd& 0�.. Stir• aten F, g NCDENR / DEMLR 1 Stormwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 919 1807-6375; 9191807-6494 (fax) Website: http://portal.nedenr.org/web/lr/stormwater F.-mail correspondence to and from this address may be subject to the North Carolina Public Records last and may be disclosed to third parties. STROUD ENGINEERING, P.A. Hestron Plaza Two 151A Hwy. 24 Morehead City, NC 28557 (252) 247-7479 TO WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order Cl the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION J THESE ARE TRANSMITTED as checked below: For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: — &L M --" It enclosures are not as noted, kindly notify as at once. OUT It I Co ell Pumping Operation and .Monitoring Plan For Simpson Family Properties Borrow Excavation Overview The Simpson Family Properties Borrow is a site approved and used by NCDOT as the primary borrow source for the construction of the US 70 to Olga Road in Beaufort. The mine is located on a 45 AC tract of land that is located off NC HWY 101 approximately 3 miles north of the intersection of NC HWY 101 and NC FIWY 70 in Ieaufort. The latitude is 34.7463, Iongitude - 76.6429. The mine itself will have a surface area of approximately 20.82 acres and a depth of 23 feet at completion. A 25 foot buffer will be maintained along the property boundary, and a 100 foot buffer has been maintained along the wetland boundary. This 100' buffer was based on the Skaggs Method and input discussions from NCDOT, USACE� and Stroud l3ngineering, P.A. Dewatering The current dewatering by NCDOT takes place 24/7 with a Flygt pump discharging a 450 GMP fora maximum discharge of' 576,000 GPD. These pumps currently discharge into a dewatering basin and discharge into a canal determined by USACE representative Torn Stcffans to be a high ground ditch that is not identified as waters of the US. Given that NCDOT has been dewatering this pit for over a year with no adverse effect to the wetlands or neighboring wells the owner proposes to continue operating at this rate or less. The monthly water withdraws for April K May are attached as part of this report. Discharge Monitoring The owner will monitor the existing sediment trap and have it restored to its original depth upon reaching 50% oh its capacity. Any sediment that inadvertently accumulates in the high ground ditch shall be removed and the ditch stabilized. Site inspections shall occur during all mining operations to insure that contaminants do not enter surface waters. Additional berms or dikes shall be constructed as may be required to ensure that stormwater runoffwill be directed back into the mining pit or through the sediment trap. _R,�e 6rf off V a ter Wfithtlrawals Permit Number. CU.4f126 r 'r�' sheer: 1 of C . - Check Box if No.Use This Month ❑ Month: lam{ Year: Pit {`lame QSim sonIRIt �� Pump GPH �24000 1 �2015� Pit Name Pump GPH rtP �R�307+ WBS Element"; Siimpsan�Pit Pit Name � -240t}(3 =1 Pump GPH r . ..., r�, �r; Hours Pumped Gal. Per Day !-lours Pumped Gal, Per Day Hours Pumped Gal. Per Day Total Withdrawn Day 1 �]24t00,:= 576,000.00 [::=0?OOP,] 0•Cu 0! 0 or 0.00 576,000.00 Da 2 ;24°00 576,400.00 i' ' _ '?0 00 � 0,00 0?00== 0.00 576:000_00 Day 3 �24!001= 576,000.00 �0?00T_� 0.00. [ CEO?00z= 0.00 576,000.00 Day 4 j"----j24!00� 576,000.00 [-`:-�0?OOI 4.00 _ 0'DO�. _� 0.00 576,400.00 Day 5 �, �24x0O 576,000.00 C-�-�0?OOI-'�-- 0.00 ��0'0 OAO 576,000.00 Day 6 C=W ME= 576,000.00 [==0!00f i 0A0 � 10i0 0.00 576,000.00 DaX 7 F_=24!00 1 576,000.00 E::=0100 0.00 E 0!00 0.00 576,000,00 Day 8 E=24!00 576,000.00 E==0100 0.00 E--=O?00E= 0.00 576,000.'00 Day 9 F----,_f24!00 576000.00 C^"- 30!00 0.00 0.00 576,000,00 Day 10 [=24!00 576,000.00 Q4?o0 1 o.OD �o?oOE== 0.00 576,000.00 Day 11 !=�,24!0. 576,000.00 [�oO!O ' 0.0D F-=0?oo 0.00 576,000.00 Day 12 F-=24!00 576,000.00 [==0!00I- "i 0"'00 [::=O!00r= 0.00 576,000.00 Day 13 ��: i24!00 576,00ao0 ��o?oo�� 0.00 �or0o 0.00 s7s,aoo.ao Day 14 E�-24!00� 576,000.00 C:=0!00 0.00 L=�0MOE=1 0.00 576,Ooo.00 Day 15 24!00 576,000.00. [:=0!OOEE== 0.00 L=-I().YO' 0.00 576,000.00 Day 16 F-=24!OOF 576,000.00 [:=. O°O0 0.00 10":0 0.00 576,000A0 Day 17 E_�_24!OOF_= 576,000.00 [, M!00 7 0.00 E�----70!00 0.00 576,000.00 pa" 8 = 24!00 i 576,000.00 ��0?00 ,`� 0.00 70 00 0.00 576,000.00 Day 19 F-=, 24!00�� 576,000.00 �__r1O!OO 0.00 E=VOO�A 0.00 576'.000.00 Day 20 l • ;24!00) 576,000.00 E=0A0�� 0.00 [==O!00 0.00 576,000:00 Day 21 ��24!00 576,000.00 0.00r O?00 0.00 576,000.00 Day 22 24a00 576,000.00 �0?0.0�� 0.00 1, ?00 0.00 576,000,00 Day 23 E24!00 576.000.00 �0!00 0.00 [- - •O:Oo 0.00 576,000.00 Day 24 Ems`=24!00=- 576,000.00 [==0!00�" 0.00 C0?oOL 7 0.00 576,000.00 Day 25 C, 24!0C 576,000.00. [==0!00 0.00 1 . -20100=D 0.00 576,000.00 Day 26 �J241QO�� 576,000.00 �O?O0 0.'00 E=�0!00 0.00 576;000.00 Day 27 % ��24!00= 576,000.00 0.00 L�0!00L= 0.00 576;000.00 Day 28 E-I -- -j24!00E= 576,000.00 0.00 [7=0?00� 0.00 576.000.00 DL3O �12?00 288,000.00 0?00 0.00 0!00�=j 0.00 288,000.00 Dr� 'T }24!00i 576,000.00 ��O?ODD 0.00 ._ 0!OO 4.00 576,00000 DL , SQQ �� g ❑ 576.000.00 _ _ - �w c.- 576,000.00 Signature: Date: WO Y Page Total 17,568,000.00 V 41lVn �__�V/L VILVii,V j,�f VuIV. L_ Time: =03?00 Time: C :r Elev. ='-$:8 Static Water Elev. :r I`lev.� 9 Pumped Water Elev. G erencel 0.2 1 Difference ump Date Time: ater Elev ater Elev, r 0 Static and pumped water elevations to be taken no less than 12 hours apart R p �y�1rt of>i1Nater Withdraw fs Permit Number `( ' CU4 26�, �. �� Sheet: 1 of 1 r_ f,_;_ J Check Box if No Use This Month _ ❑ Month: April . Year.• 2Ohf _ TJP#: '' R 330? :�; yiI3S Element ; � ` Pit Name Pump GPH Sim son Pit -94009=.Pump Pit Name GPN �Siripson�Pit Pit !Name 24000 i Pump GPN ' n`^� T �T; Hours Pumped Gal. Per Day Hours Pumped Gal. Per Day Hours Pumped Gal. Per Day Total Withdrawn Day 1 �, �,24!00T-_I 576,000.00 �010 E . 0.00 �OAO !l 0,00 576,000.00 Day 2 E_,_;,,..:�24!00�� 576,000.00 0.00 E 0!00 0.00 576,000.00 Day 3 E_ 24!00� 576,000.00 �0!00 0.00 [=0!00E= 0.00 576,000.00 Day 4 24!00 576,000.0{ fl'OD OAD` 0.0 0.00 576,000.00 Day 5 E==24!00� 576,000.00 �0!OD� 0,00 0!00E- ' 0.00 576,000:00 Day 6�24!O0 576,000.00 0I00! :} 0.00 000� 0.00 576,000.00 Day 7 EL=_24'!00C 576,000.00 I �O!00 0.00 0.00 1 676,000.00 Day 8 [ , _24!0O 576,000.00 E=0!OOE�-0i 0.00 ==0!00��; 0.00 576,000.00 Day 9 (�24100 576,000.00 [�0!001 0.00 �"`�0!00L-- =-- 1 0.00 576,000.00 Day 10 � '24!00C_�_ 576,000.00. C=0!00 0.00 [:=0!00�11 0.00 576,000.00 Day 11 E�"_�T2"4!00 576,000.00 C -' 0!00 . a 0.00 L7=0?00� 0.00 576,000:00 Day 12 Er`-.,�24100E�_ 576,000.00- �.0!00f::= 0.00 L=IO!OO .. 0.00 576,000.00 Day 13 CT .'.--724!00E_� 576,000.00 �0!00� 0.00 �'0!00� 0.00 576,000 00 Day 14 ! �24100K-'_= 576,000.00 7.0!O0F___1 0.00 0.00 576,000.00 Day 15 I.: �.,.�,,'=24!00�j 576,000.00 C O!00E__�__, 0.00 L..=01,00�I 0.00 576;000A0 Day 16 E ''24!00r_ , 1 576,000.00 [�0000E_�_ 1 0.00 E_ �0!00 0.00 576,000.00 Day 17 E_'-__-:24!OaF-= 576,000.00 [ �O!O0.�_; 0.00 E_=O?00� 0.00 676,000.00 Day 18 E =24!OOF_= 576;000.00' E::=0:r00�_�j 0.00 E,� 0!00 0.00 576,000:00 Day 19 E _ 24!0QT" 576.000.003 � 0!00� 0.00 0!00Z=ZA 0.00 576,000.00 Day 20 24!OOE�,.�, 576,000.00 E=O!DOL, . ] 0.00 0!OOE�7..? 0.00 576,000.00 Day 21 E_�= 24!OOF --j 576,000.00 �0!00�7 0.00 C 0!00, 0.00 576,000.00 Day 22 [____,�"�24!OOE_- � 576,000.00 E =0100� 0.00 E7__:Z,.i0100�__ 0.00 576;OQ0:00 Day 23 E� "- 24!0011--_--j 576,000.00 0!00� 0.00 l=� 0!00 0.00 576,000:00 Day 24 C` ='�._124!QOI � 576,000.00: 0?00F�= 0.00 10100E ! MO 576,000.00 Day 25 �24!00 ; ] 576,000,00 E 0!00�-. j 0.00 E7___ ]O!OOi_= 0.00 576,000.00 Day 26 [ _ .,244!GOE� �� 576,000,00 f3!00 i 0.00 Ems: =.:10!00 ;1 0.00 576;000,00 Day 27 C�24!00E__� 576,000.00 �O!OOC 0.00 [Z7_=O!ODE" 0.00 576;000;00 Day 28 E=24!00[_-] 576,000.00 O!OOC_=,Z_. 0.00 ir.�,.�, 0?OQ 0.00 576,000.00 Day 29 E=24!G0j==j 576,000.00 �0!00� 0.00 0!00� 0.00 576;000.00 Day 30 �1.2!00=- 288,000,00 E .=O10OZ:.�- 0.00 0!00 0.00 288,000.-00 Signature: Date; ob It5 Page Total 16,992.000.00 Date: =4130I20,15= Date: I"` :"~=tea Date: Time: =04!00p;r =�i - Time: L w'Z'"f_ ,n'' ' Time: * .' Static Water Elev. �7f.'5= Static Water Elev. .,�: = Static Water Elev. Pumped Water Elev., (. _7fS,E Pumped Water Elev. �° ;;�: Pumped Water Efev. Get Differencel 0.3 1 Differencel 0 Differencel 0 Static and pumped water elevations to be takers no less than 12 hours.apart Addendum No. 1 -47.- New 1 14-14 North Carolina Environmental Manageri�e.nt Commission Department of Etty' eonm.ent am •Natural Resources Permit For The W�thd'r' . ls' ri-. Use Of Water In The Central Coastal P1 It'" C.ia` akity Use Area 1n accordance vvith the provisions.of Part2; Articl;c:2T:oi Chapter 143, General Statutes of North Carolina as amended, and any ether applicably Wa - ' Rules and Regulations, Permission Is Hereby Cxanted To NC Dewrlment of T,17ansjL6fiation Project No. R-3307 US 70 frnin cxisting four lanes at Radio Island to US 701-North of SR 1426 (Olga Road) FOR THE Withdrawal and Use ol" Watcr in Carteret Cob,nty, Nortl-i Carolina in accordance with the grantee's application. dated October 31, 2011, and any supporting data submitted with the application, all of which are filed wltli the Department of Environment and Natural resources and are cot]sidCl-ed part of this Permit. This Permit shall be effective from the state cal' its issuance until January 31, 2017, and shall be subject to the specified conditiojis andlor lirultations cotitained-in Sections 1 - X of this Permit. Permit issued this the day of NORTH CAROLINA. ENVIRONMENTAL MANAGEMENT. COMMI SSl ON BY Thomas A. Reeder Director, Uiyision of Water Resources By Authority of the Secretary of the Iaelizrtizieii,t :ol' l n� ircm:nten't e�.ncl Natural Resourccs PERMIT #CIJ4026 Page 1 of 5 Addendum No. I R-48 New 1-14441 CCPCUA Water Use Permit #CU4026 fo.r NCDOT (R-3307) I. W1141DRAWALS A. USE This Pennit allows the withdrawal of water for the purpose of dewatering borrow pits to extract material for road construction. B. RATES OF WIFliDR&WALS The maxi Mi im qu,"lity of Water that may bE tiiithdi&avvn-shall not exceed NOat is established in the' Reclamation Plan as specified in NCDOT's CCPCUA Special Provisions document. C. SOURCE(s) OF WITHDRAWALS Oround Water Source(s): Withdrawals shall he made from sumps in borrow pits in the stifficial aquifer. D. MONITORING -OF WtTI-IDRAWALS Withdrawals from each source, Whether well or sump, shall be Ineasured by an approved metei,ing device equipped with a,totalizing indicator, and having an accuracy wi thi n,plus or rriinus, fi vi; percent. 11. WATER LEVELS A. MAXIMUM DRAWDOWN LEVELS .1, Pump intdke&for the well(s) shall not be set in the permit application or associated documentation w-lthout prior approval of the Division ot'Water Resources. - 2. In thezvent that data ftorn ifie'Per'Ji6tt6d ivelbi or other wells witliin the zone innuebeed by pumpi n'g of the permitted wells indicates a deterioration of duality or quantity in surrounding aquifers or the source aquifer, an alternate inaxiinum punipi.iig. level may be -establisbed by the Division ofWat6r ResourecS. -B. MONITORING OF WATER LEVELS 1, The pqm2ing ' water level in each supply Nve lj.,s,hall be.illimsilred once a month: a. by a steel, or' elearie tape fmin a 6NX60 reference point, br by using the air -fine method b. within accuracy Jii I ts of plus 61"niffiJus one percenpercent,ed IirYrn C. just Prior to shutting off• the pump, or after sufficient tinic of pumping, so that a be obtained, ap-d d. during the 1'bSL planned pufnping day of ih& nionth, or -within the'lastfive days of the month_ Page2 of 5 .Addendum No. 1 R-49 New 1-14-14 CCPCUA..Watet;-lls"c Permit #CU.4026 for NCDOT (R-3307) 2. The static water Rene]'in each supply wells all' e.mcas'ttre l once a month. a. by a steel or electric nape from a fi"ed icfei=enc'6, int,:or by using the air -line method b. within accuracy limits of plus -or ininus.one-pe'rcent, r; c, after the pur ip is shutoff fora ppiotiimately 12 hqurs, and d. within the last fi%,p days of,the i ibiilh: 3. Unused supply «ells or other suitable 4vells=t.hatAa}+-be �avallable shall be monitored %vhen such monitoring.is specified `by the Di;xiision of- Water Resources and when•pertibent to obsenlation or evaltiati.c�n of the el:fects of withdrawals made under this permit. III. OTHER PROVISIONS A. WELL CONSTRUCTION APPROVAL A Well Construction Perrrtit shall be required prior to the construction of any well that will be used to withdraw any portion} of the water regulated under. this Permit. Application for these permits must be submitted to the Washington Regional Office, Division of Watcr Quality?., 1'.0. Box 2188 ,Washington, NC 27889, B. • ACCESS TO FACILITIES The Environmental Management CorniIiission �irid employees of 4he Department of l;nvironaimt and Natural Resources shall,havc reasonable access to areas owned and under control or the pern-ittee for observation and inspection of water use and related facllltics,pertinent to the provisions of this. permit and other regulations. IV, REPORTS REQUIRED .A. WITHDRAWALS Monthly reports of dailywithdrawal totals froiii eacli wdll or sump shall be furnished to the Division an a quarterly basis, within 30 days after the end of lbmrch, J11rre, .Septen-fbcr and December. 'B. WATER LEVELS' Water Ievel'.meastire tile fits for each supply well shall -be measured in accordance with Condition II_ B. 1. of this permit and submitted-te the Division not later than 30 -days after the end.-ofthe calendar -month in•-Nwhich-th.d rxio4swernent was taken. Page 3 of 5 Addendum No. I R-50 New 1-14-14. CCPCUA Writer U] c Peruiit#CU4026 for NCDOT (R-3307) V. MODIFICATION OR REVOCATION A. MODIFICATION 1. The Permittee must .notify the Director of any proposed major chiutges in usage and apply for a modification of the permit.for such changes. or for any revisions of" the terms of this permit. 2. The Director may modify the terms of the permit, -after 60:days written notice to the Permittee, if he finds that the terms of the pertnItand/or-the.resulting water use are found to be contrary to the purposes of the Water Use Act of 1967 or contrary 'to public.interest or'having an unreasonably adverse affect upon-odiet water uses iit the capacity use at -ea. Modifications may include, but are not limited to, requirements for alternate pumping levels or the collection, analysis, and reporting of ground or surlac;,e water gtiality samples. B. REVOCATION The Director may revoke the permit if he finds that: 1. the Permittee has violated -(lie terms of the laerniit; or, 2. the terms of the Permit and/or the resulting water use are contrary to the purpose pf the Water Use Act of 1967 or contrary to the public interest or havilig all unreasonably adtilerse effect upon othermater uses ill,the capacity use area quid cannot be aired by modificlttion; or. 3. the Permittee made false or -Fraudulent statements in the application for the water use permit; or 4. water withdrawn under the terms of the permit is used for purposes other than those set forth in the permit. V1:. - CONSTR:UCTION.OF PERMIT A. The terms and conditions shall not be construed to relieve the Permittee of any legal obligation or liability, which it owes or may incur to thir'd parties as the result of the conduct of its operations in conformity with this Permit. B. • When Linder the tcrrris hereof, asxy provision of this .Pcllrnit regtiii-es approval of the Deptu-trnent or becomes eflective•at,thdAiscretion of tiie!Department-, the notice of -approval or the -exercise of suc h-discretion;shall.-be eviciertced:by:�vriUen instrument issued I)y the Departrnerrt. C. The tc.rnis and conditions of this Permit shall not be construed as a limitation of the powers, duties, and authority vested in the Environmental Management Commission or any other State, Federal, or local agency, or any applicable laws hereafter enacted. Page 4 of 5 ♦ I � , • r.. ,Addendum No. 1 New 1-14-14 CCPCUA Water Use Perri it #CU4026 for NCDOT (R--3307) VII• ADDITIONAL CONDITIONS A. This Permit shall 'be subject to any hm1tations•6r conditions in other State permits, including but not limited -to -perinfts required pursuant to North Caroling General SGitutes V43-2.15.1. B. Issuance of this Permit shall have no bearing oh subsequent State decision(s) regarding any other water use or oilier pe%tnijt applicatioii(s) submitted car which may be submitted by the Perintttec, its successors or assigns. C. Compliance NvAh the terms and conditions .in this pe nii.t does not relieve the peamittee of compliance with any provision, now- in force or hereafter enacted-ot' promulgated, of the Water Use Act of 1967, the regulations ptornulgated thereunder, onmy other provision of State law. Vlll. PENALTIES Violations of the terms -and conditions of this Pertnit are subject to penalties as set forth in North Carolina General Statutes § 1.43-215.17. IX. PERMIT NONTRANS.FF-RABLE Water Use Permits shall not be transferred except with appix)val of the Environviental Management Commission. X. RENEWAL OF PERMIT The Perini ttee, at least three (3) months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission wilt review the adequacy of the facilities described therein, and if warranted, wl11 extend the permit. fok' such period of time and under -such conditions and limitations as it niay deem appropriate. Page 5 of 5 Corporations Division Pale I of' 1 Naft Caralim Elaine F IMarshall DEPARTMENT aF-mE Secretary SECRETARY OF STATE PO Box 29W2 Ralelgh, PSG 276264*U (919)607-2000 Click Here To: View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: Simpson Family Properties, LLC Limited Liability Company Information Sosld: Status: Annual Report Status: Citizenship: Date Formed: Fiscal Month: State of Incorporation: Registered Agent: Corporate Addresses 1294266 Current -Active Current Domestic 1/2/2013 December NC Simpson, Thomas D Principal Office: 2401 Arendell Street Morehead City, NC 28557 Reg Office: 2401 Arendell Street Morehead City, NC 28557 Reg Mailing: 2401 Arendell Street Morehead City, NC 28557 Mailing: P O Box 1850 Atlantic Beach, NC 28512 Company Officials Manager: Thomas Simpson 2715 Country Club Road Morehead City NC 28557 Manager: Noah Simpson 2401 Arendell Street Morehead City NC 28557 Manager: Sam Simpson 751 Hwy 101 Bradfort NC 28516 Account Login Register PR ( 1 ]ittps://www.seei-etai-y.state.iie.us/Seai-eli/proI'coi-p/1 0138071 3/30/2015 STROUD ENGINEERING, P.A. Hestron Plaza Two 151A Hwy. 24 ' Morehead City, INC 28557 (252) 247-7479 TO �'�r � 1 Nt ,� •, 1 �-cr �� t,a, �. =.N Yeti lg I WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ DATE J 5 JOB NO. .7.7� oO� N ATTENTION RE: s , kA r_- .� r f l! .1 ❑ Samples the following items: ❑ Specifications COPIES DATE NO, DESCRIPTION 1r Y`AA �; L14 0 k r U. 0 r-(4, S L. 41 4AJ THESE ARE TRANSMITTED as checked below: [L For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections [❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: U enclosures are not as noted, kindly notify us at once. C 4 r1:c.' • '. ILA. .- ... 6 a w - - - _ -_ __ _ BRANCH BANKING AND TRUST COMPANY 23754 Thomas Simpson Construction Co., Inc Beaufort NG 28516 I PO Box 1850 66-1121531 Adantic Beach, NC 28512 (252) 247-4401 4/2/2015 PAY TO THE NCDENR w*100-00 ORDER OF i� One Hundred and 001104*****w**********awwww.*waww.♦.wwer.rar*ar*+aaaaaa*aaa**+w*+*w*www*wwww*wwrawrrw**waw*w*****wa**+***i DOLLARS NCDENR - Wilmington Regional Office iF 127 Cardinal Dr. Extension Wilimington, NC 28405-3845 AIP Parkertpwn Rd. Subd. C6� o cW� 9� APPROVED.IURISDICTiONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Suction IV of the JD Form instructional Guidebook. SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED .)URISDICTIONAL DETERMINATION (JD): 5 - 6 - 2014 B. DISTRICT OFFICE,, FILE NAME, AND NUMBER: Wilmington, NC C. PROJECT LOCATION AND BACKGROUND INFORMATION: Simpson Family Properties LLC "Tract / Conti Enterprises Inc. (-47 acres), cast of NC Hwy 101, 13cuafort north area, NC. State: NC County/parish/borough: Carteret City: Beaufort Center coordinates of site (lat/long in degree deciutal format): Lat. 34,7461590N, Long.-76.642127° V1!. Universal Transverse Mercator: Name of nearest wpterbody: northern prong of Wading Creek - Name of nearest Traditional Navigable Water (TN W) into which the aquatic resource flows: Wading Creek Name of watershed or Hydrologic Unit Code (HUC): 03020106 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. 11EVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): t<<f Office (Desk) Determination. Date- 0 Field Determination. Date(s): 5 - 6 - 2014 by USACOE NCOT representative as to 404 wetlands and non -RP W status. SECTION 11: SUMMARY OF FINDINGS A. RIIA SECTION 10 DETERMINATION OF JURISDICTION. Thcre A'rr o "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] 0 Waters subject to the ebb and flow of the tide. n Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a_ Indicate presence of waters of U.S. In review area (check all that apply): � 0 TNWs, including territorial seas Wetlands adjacent to TNWs Ed Relatively pennanent waters= (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into'TNWs Y Wetlands directly abutting RPWs that flow directly or indirectly into TN Ws Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into ,rNWs ® Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs tr Impoundments of jurisdictional waters 0 Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Nrin-wetland waters: linear feet: width (11) and/or acres. Wetlands: —17 acres. c. Limits (boundaries) of jurisdiction based on: l9_, 87'l)clincatfan!Manual Elevation of established OHWM (if known): 2. Non -regulated waters/wetlands (check if applicable):a ® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Perimeter 3 - 6 ft deep historic ditching on three sides effectively altering hydrology and hydric soils to portions of tract ( 30 acres), based upon depth to apparent water table, Fac vegetative indicators, non-hydric soil indicators of surface structure and mineral surface with clean sand grains, and no positive hydrology indicators. Boxes checked below shall be supported by completing the appropriate sections in Section HI below. 2 For purposes of this furor, an RAW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous now at least "seasonally" (e.g., typically 3 months). 'Supporting dneumenlalion is presented in Section Ill.F. SECTION III. CWA ANALYSIS A. TNWs AND WETLANDS ADJACF,NT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a ,rNW, complete Section I11.A.1 and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections II1.A.1 and 2 and Section III.DJ,; otherwise, see Section 111.13 below. I. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjaecnt": . B. CIIARACTERiSTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RI'Ws), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section I I I.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and it traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterhudy has a significant nexus with a 7'NW, if the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the.ID covers a tributary with adjacent wetlands, complete Section 111.13.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offske. The determination whether a significant nexus exists Is determined in Section Ill LC below. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: acres Drainage area: tLC—re 3 Average annual rainfall: incites Average annual snowfall: inches (H) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Pic Lis tributaries before entering TNW, Project waters are P,-ck- i t river [Hiles from TN W. Project waters are PickT-Ri river miles from RPW. Project waters are Pick lsist atrial (straight) miles from TNW. Project waters are Pick',Elst aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify now route to TNWs: Tributary stream order, if known: 'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the acid West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Charactcristics (check all that apptyZ Tributary is: ❑ Natural ❑ Artificial (loan -made). Explain: ❑ Manipulated (man -altered). Explain: "Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pie�'k Li t. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Stands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Typc/% cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of rurdriff3elpool complexes. Explain: Tributary geometry: Pick �i t Tributary gradient (approximate average slope): % (c) E low: Tributary provides for: PierPier" k� I' !]'ytt _ _ Estimate average number of flow events in review arealyear: Pr ke List Describe flow regime: Other information on duration and volume: Surface flow is: I'i k�List. Characteristics: Subsurface flow: FieliZ . Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the batik ❑ the prLsence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted (town, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OI-IWM.7 Explain IFfactors other than the 01-IWM were used to determine lateral extent of CWA jurisdiction (check all that apply): [] High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (Foreshore) ❑ physical markings; ❑ physical markingsicharacteristies ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize trihutary (e.g., water color is clear, discolored, oily filar; water quality; general watershed characteristics, cte.). Explain: Identify specific pollutants, if known: 6A natural or man-made di$Conlinuity in the OI IWM does not necessarily sever jurisdiction (e.g., where the stream witiporarily flows underground, or where the OI I WM has been removed by development or agricultural practices). Where there is a break in the OfiWM that is unrelated to the walLrbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators or flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): D Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Charactcristies: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other envirunrnentally-sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Welland size: —17 acres Wetland type. Explain: Forested Flatwoods . Wetland quality. Explain: Low quality flatwoods seasonally saturated. Project wetlands cross or serve as state boundaries_ Explain: (b) General Flow Relationship with Non-TNW: Flow is: NoFIowl. Explain: Surface flow is: Not pre es' erii Characteristics: Subsurface flow: MR. Explain findings: Wetalands appear subsurfaccly flow to nun-RPW drainage ditches. ❑ Dye (or other) test performed: (c) Wetland Ad'acenc i)ctcrcnination with Non-TNW: ❑ Directly abutting Not directly abutting ® Discrete wetland hydrologic connection. Explain: Subsurface flow from wetlands to open ditches. ® Ecological connection. Explain: Vegetation similar from wetlands through drained wetlands. ❑ Separated by bermfbarrier. Explain: _ (d) Proximily (Relationship) to TNW Project wetlands are-ss) river miles front TNW. Project watersaree it�(o�'4l ss)raerial (straight) miles from TNW. Flow is from: WE[lalldit0':i18Viga ee.Waters. Estimate approximate location of wetland as within ttte 50T111 D e raye rHy tloodplain, (H) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Flatwoods wetlands with tannic stained, acidic waters. Identify specific pollutants, if known: (M) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): Vegetation,typeJpercent cover. Explain: 100% Cut -over herbaceous Pac-FacW vegetation. ❑ Habitat abitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: _ ❑ Other environmentally -sensitive species. Explain findings: ® Aquatictwildlife diversity. Explain findings: Low quality wetlands support general wildlife as habitat buffer. 3. Characteristics of all wetlands adjacent to the tributary (if any) All welland(s) being considered in the cumulative analysis: PieOList Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts'? (YIN) Size (in acres) Directly abuts? YIN Size (in acres) Summarize overall biological, chemical and physical functions being performed. C. SIGNIFICAN'I' NF,XUS DE'rERNIINA'I'ION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TN W. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e-g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain Is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the'rNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to I'N Ws, or to reduce the amount of pollutants or flood waters reaching a TN W? • Dots the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and orgunie carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence.or absence of signi ficant nexus below, based on the tributary itself, then go to Section III. D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly Into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Ditches determined not to be RPW by USACOE - DOT rep on 5-6-2014 based upon previous data and similar findings of adjacent properties, and 404 wetlands connected by indirect seasonal subsurface flow through historically altered and drained wetland areas to non-RpW ditches. 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section ill.D: 404 wetlands directly/ indirectly connected through subsurface flow to non-RPW ditches that ultimately and seasonally flow to RPW and'I'NW. D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SU13.1ECr WAT ERSIWETLAN DS ARE (ClIECK ALL TIIAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: 0 TNWs: linear feet width (ft), Or, acres. [� Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into'FNWs. "tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Q Tributaries of TNW where tributaries have Continuous floe. "seasonally" (e.g., typically three months each year) are jurisdictional, Data supporting this conclusion is provided at Section 111,13. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review arcs (check all that apply): Q 'Tributary waters: linear feet width (fl). 91 Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs" that now directly or indirectly into TNWs- El Watcrbody that is not a TNW or an RI'W, but flows directly or indirectly into a`rNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (cheek all that apply): bt 'Tributary waters: linear feet width (11), [l Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly inM'lrNWs. El Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Q Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section 11i.D,2, above, Provide rationale indicating that wetland is directly abutting an RPW: EJ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section IIi_13 and rationale in Section iII.D.2, above_ Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into'rNWs. C] Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a'IW W are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ® Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: —17 20 acre... 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. '"t2 Demonstrate that impoundment was created from "waters of the U.S.," or El Demonstrate that water meets the criteria for one of the categories presented above (1-6), or 0 Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE) WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTFRSTATE COMNII:RCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 which are or could be used by interstate or foreign travelers for recreational or other purposes, t❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commercc. [] which are or could be used for industrial purposes by industries in interstate commerce. 0 Interstate isolated waters_ Explain: 'See lrootnote#t 3. 9 To complete the atratysis ret'er to the key in Suction 11I.D.6 orthe tnstuctional Guidebook. 10 Prior to asserthig or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA IIQ for review consistent with the process described is the Corps/EPA Memorandum Regarding CIVA Act Jurisdiction Following Rapanos. j] Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the rcvicw area (check all that apply): El 'Tributary waters: linear feet width (ft). Q Other non -wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON -.JURISDICTIONAL WATERS, INCLUDING WETLANDS (CIIECK ALL THAT APPLY): ffpotential wetlands were assessed within the review area, these areas did not meet the criteria in the 1997 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. [� Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the ]an 2001 Supreme Court decision in "SWAMCC," the review area would have been regulated based solely on the "Migratory Bird Rule"(MBR). Waters do not meet the "SignificantNexus" standard, where such a finding is required for jurisdiction. Explain: 0 Other: (explain, if not covered above): Provide acreage estimates for non -jurisdictional wasters in the review area, where the sole potential basis of jurisdiction is the M BR factors (i,c., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non -wetland waters (i_e, rivers, streatns): linear feet width (ft). Lakes/ponds: acres_ Other non -wetland waters: acres. list type of aquatic resource: (] Wetlands: acres. Provide acreage estimates for non -jurisdictional waters in the rcvicw area that do not meet the "Signi licant Ncxus" standard, where such a finding is required for jurisdiction (check all that apply): El Mon -wetland waters (i.e., rivers, streams): linear feet, width (f3). 0 Lakes/ponds: acres. 0 Other non -wetland waters: acres. List type of aquatic resource: ® Wetlands: Historically altered non jurisdictional wetlands next to existing non-RPW dithces —27 - 30 acres. SECTION IV: DATA SOURCES. A. SUPPORTINC DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: James L. Powell. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data shects/delincation report. ❑ Office does not concur with data sheets/delincation report. Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data, ® USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1.-24000 Beaufort north and Core Creek south quad sheets. ® USDA Natural Resources Conservation Service Soil Survey. Citation: USDA-NRCS Carteret County, NC Soil Survey. ® National wetlands inventory map(-,). Cite namc:USFW NWI wcbsite PFO413d. Statc/Local wetland inventory map(s): �] FEMA/1.1RM maps: I00-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): 2012 county aerial GIS photo, or ❑ Other (Name & Date): . Previous determination(s). File no. and date of response letter: Applicable/supporting case law: [] Applicablelsupporting scientific literature: 0 Other infonnation (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: USACOEI - DOT rcprt:sentativc concurs with 404 wetland delineation and non-RI'W dtichcs on 05-06-2014 site, review. WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Simpson Family Properties LLC Tract (-47 acres) City/County: Morehead City 1 Carteret Sampling Date: 04-10-2014 Applicant/Owner: Mr, Noah Simpson, Simpson Family Properties Trust LLC State: North Carolina Sampling Point: 1 2401 Arendell Street, Morehead City, NC 28557 Investigator: James L. Powell Section, Township, Range: Region 2 Landform: Flatwoods Local Relief: level Slope: 0-1 % Subregion (LRR or MLRA); LRR-T Let: 34,746159 Long: -76.642127 Datum: 1983 Soil Map Unit Name: Murville and Torhunta Series NWI classification: PF04Bd Are climaticthydrologic conditions on the site typical for this time of year? Yes: X No: _ (if no explain in remarks) Are Vegetation X ; Soil X ; Hydrology X significantly disturbed? Are Normal Circumstances present? Yes: X No — Are Vegetation __,__; Soil : Hydrology_ naturaity problematic? (if needed, explain answers in Remarks) SUMMARY OF FINDINGS -- Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes: X Na Is the sampled area hydric Soil Present? Yes: X No X Within a Wetland? Yes: No X Wetland Hydrology Present? Yes: _ No X Remarks: Appears to be uplands or historically altered wetlands based upon geomorphic position and lateral distances to open drainage, lower apparent water table, uncoated sand grains in minera{ surface, mostly Fac vegetation, and no positive hydrology indicators. Tract presently clear-cut being prepped for forest management. HYDROLOGY Welland Hydrology indicators: Secondary, Indicators Primary Indicators _Surface Soil Cracks Surface Water _Sparsely Vegetated Concave Surface — High Water Table _Drainage Patterns _ Saturation _Moss Trim Lines —Water Marks —Dry-Season Water Table _Sediment Deposits _Crayfish Burrows _ Drift Deposits _Saturation Visible on Aerial Imagery _ Algal Mat or Crust _Geomorphic Position _ iron Deposits _Shallow AQuilard Inundation Visible on Aerial Imager I Fac-Natural Test Field Observations- Surface Water Present? Yes: No: X Depth (in) Water Table Present? Yes: X No: _ Depth (in) 28 Wetland Hydrology Present? Yes: No: X Saturation Present? Yes: X No: Depth in 26 Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections) if available: Remarks: Site has historic +3 —6 ft deep open drainage on southern, eastern, and northern perimeter which has altered natural drainage and wetness conditions. Organic surface not present with uncoated sand grains apparent and that increase in % closer to drainage influence. vtt�r` t A i ium — use screnuTic names Absolute Dominant Indicator Tree Stratum (Plot size 11t0 ac } % Cover Species? -Status 1. 2, 4 5. = Total Cover Sapling Stratum (Plot size 10 ac ) 1- Acer rubrum 5 X Fac ^ 2- Quercus ni ra 2 Fac 3. Percea borbonia _ ,5 X EkQw 4. Prunus seratina 5 X FacL1 5. 17 = Total Cover Shrub Stratum (P)ot size 1110 ac ) 1. Ilex alabra 3 FacW 2. __ Ilex opaca _ 5 X Fac_ 3. ilex vomitoria T5 X Fac 4. Mvrica cerifera _ S X Fac = Total Cover Herb Stratum (Plot size _1110 ac 1 1. 2. 3. 4. = Total Cover Woody Vine Stratum (Plot size 1110 ac _) t, 2. —�— 4, = Total Cover Number of Dominant Species that are OBL, FACW, or FAC 6 (A) Total Number of Dominant Species Across All Strata 6 (13) Percent of Dominant Species that are OHL. FACW, or FAC 109N (A1B) Prevalence Index WGrksheet: Total % Cover of: Mul tiply by,: OBL species x 1 — FACW species 8 x 2 = 16 FAC species 22 x 3 = 66 FACU species 5 x 4 = 20 UPL species x 5 = Column Totals (A) 35 (B) 102 Prevalence Index = B1A = 2.91 Yes Dominance Test is >50% Yes Prevalence Index is 53.0 No_ Problematic Hydrophytic Vegetation (remarks) Definitiong pf Vegetation Strata: TREE - Woody plants excluding vines >20 it H and >3 in DBH. SAPLING - Woody plants excluding vines <20 R H and >3 in 0I311. SHRUB - Woody plants excluding vines 3 — 20 lit H and <3 in D- HERB - Non -Woody plants and v000dy plants 43 FI It - WOODY ViNES — All woody vines. Hydrophytic Vegetation Present? Yes X No ( Remarks: Tract is under forest management, recently clear-cut, and currently being prepped for replanting. Most vegetation removed from site with only remnant US Army Corps of Engineers Pagel of 2 Atlantic and Gulf Coastal Plain Region 2011 Samolino Pstint: 1 $OIL or Depth Matrix Redox Features inches Color moist % Color moist % Type Location Texture Remarks 00 —07 10YR 3M 7/1 100 S Uncoated sand grains in mineral surface >f5 - -d30% 07 —18 10YR 312 100 S 18 — 26 10YR 211 100 S Soft non-restrictive hardpan layer 28 — 45 10YR 511 100 S Type: C=concentration; D-depletion; RM=reduced matrix; CS=coaled sand grains. Location: PL=pore lining; M=matrix H dric Soil Indicators: Indicators for Problematic H dric Soils: Histosol Polyvalue Below Surface 1 cm Muck Histic E i edon Thin Dark Surface 2 cm Muck Slack Histic Loamy Mucky Mineral Reduced Vertic Hydra, en 5ufide Loam Gle ed Matrix Piedmont Flood lain Soils Stratified Layers Depleted Matrix Anamolous Bright Loamy Soils Organic Bodies Redox Dark Surface Red Parent Material 5 cm Mucky Mineral De leled Dark Surface .—Very Shallow Dark Surface Muck Presence Redox Depressions Other (explain in remarks 1 cm Muck Mari X Depleted Below Dark Surface Depleted Ochric X Thick Dark Surface Ifon-Manglanese Masses Coast Prairie Redox Umbric Surface Sandy Mucky Mineral Delta Ochric Sandy Gle ed Matrix Reduced Venic Sandy Redox Piedmont Flood lain StriDped Matrix Anomalous Bri ht Loamy Soils X Dark Surface Other (explain in remarks Restrictive Layer: (if observed) Type: Depth (inches): Hydric Soil Present? Yes X No X KemarKS: appears to oe poony orainea murvine or i ornuma We son types mat nave Deen anerea mrougn natoric perimeter open drainage, Mmerai SunaCe iacKing high organic or mucky layer with uncoated sand grains that increase in % closer to drainage. Soils technically meet hydric criteria but appear to be signlficantly altered by historic drainage. US Army Corps of Engineers Page 2 of 2 Atlantic and Gulf Coastal Plain Region 2011 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Proiect/Sito: Simpson Family Properties LLC Tract (-47 acres) CityLQounty: Morehead City 1 Carteret Sam IR ing pate: 04-10-2014 Applicant/Owner: Mr. Noah Simpson, Simpson Family Properties Trust LLC State: North Carolina Sampling Point: 2 2401 Arendell Street, Morehead City, NC 28557 Investigator: James L. Powell Section, Township, Range: Region 2 Landform: Flatwoods Local Relief: Level Slone: 0-1% Subregion (LRR or MLRA): LRR-T Lit: 34.747658 Lon :-76-644831 Datum: 1983 Soil Map Unit Name: Murville and Torhunta Series NWI classification: PF04Dd Are climaticthydrologic conditions on the site typical for this time of year? Yes: X No: _ (if no explain in remarks) Are Vegetation X ; Soil X; Hydrology_ significantly disturbed? Are Normal Circumstances present? Yes: X No X Are Vegetation Soil _; Hydrology_ naturally problematic? (if needed, explain answers in Remarks) SUMMARY OF FINDINGS -- Attach site map showing sampling point locations, transects, important features, etc. Hydfophytic Vegetation Present? Yes: X No Is the sampled area Hydric Sod Present? Yes: X No— Within a Wetland? Yes: X No Wetland Hydrology Present? Yes: X No _ Remarks: Tract currentiy in forest management, clear-cut, and being prepped for re -planting. Most vegetation removed. Historically existing +3- 6 ft deep perimeter drainage on south, east, and north sides of tract. HYDROLOGY Wetland Hydrology Indicators: Secondary lndicatgrs Primary Indicators - _Surface Soil Cracks Surface Water -_,Sparsely Vegetated Concave Surface x High Water Table _Drainage Patterns x Saturation Mass Trim Lines _ Water Marks X Dry -Season Water Table —Sediment Deposits _Crayfish Burrows _ Drift Deposits Saturation Visible on Aerial Imagery Algal Mat or Crust X Geomorphic Position _ Iron Deposits _Shallow Aquitard Inundation Visible on Aerial Imagery Fac-Natural Test Field Observations: Surface Water Present? Yes: No: X Depth (in) Water Table Present? Yes: X No: _ Depth (in) 17 Wetland Hydrology Present? Yes: X No: Saturation Present? Yes: X No: Depth in 15 Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections) if available: Remarks: Tract currently In forest management, clear -out, and being prepped for re -planting. Most vegetation removed. Historically existing 0 — 6 ft deep perimeter drainage on south, east, and north sides of tract. VEGETATION - use scientific names Tree Stratum (Plot size 1110 ac % Cover Species? Status Number of Dominant Species 1, that are 08L, FACW, of FAG 6 (A) 2. 3. Total Number of Dominant 4. Species Across All Strata 6 (B) 5. = Total Cover Percent of Dominant Species that are 08L. FACW, or FAG 100% (AB) Sapling Stratum (Plot size Inc } 1. Acer rubrum 5 X Fac., Prevalence Index Worksheet: 2. Gordonia lasionthua — X FacW Total % Cgyer of: Multiply b 3. Maonofia virginiana 5 X FacW OBL species x 1 = 4. FACW species 27 x 2 = 54 5. FAC species 5 x 3 = 15 15 = Total Cover FACU species x 4 = UPL species x 5 = Shrub Stratum (Plot size 1110 ac } 1. G rilla r teat r ' _ X FacW Column Totals (A) 32 (B) 69 2. Ilex coriacea5� X FacW 3. Persea borbonia 2 FacW Prevalence Index = B!A = _ 2.16 4. Lvonia lucida 5 X FacW 17 = Total cover Hydrophytit Vegetation Indicators: Herb Stratum (Plot size _ 1116 ac 1 —Yes— Dominance Test is >50% 1' 2. Yes Prevalence Index is 53.0 — — 3. 4. 4. �--- — No -- Problematic Hydrophytic Vegetation (remarks) = Total Cover Definitio2g-of Vegetation Strata: Woody Vine Stratum (Plot size 1110 ac ) TREE - Wogdy plants excluding vines >20 R H and >3In ❑BH. 1 SAPLING - Woody plants exdudng vines <20 ft H and >3 in DBH- 2 SHRUB Woody plants exdudi% vines 3-201t H and <31n D. HERD - Non -Woody plants and woody plants <3 R H. 3 WOODY VINES —All woody vines- 4- Hydrophytic Vegetation Present? = Total Cover Yes X No Remarks: Tract currently in forest management, clear-cut, and being prepped for re -planting. Most vegetation removed. Historically existing +3— 6 ft deep perimeter drainage on south, east and north sides of tract, US Army Corps of Engineers Page 1 of 2 Atlantic and gulf Coastal Plain Region 2011 Sampling Point: 2 SOIL to or Depth Matrix Redox Features inches Color moist % i Color moist % Type Location Texture Romarks 00 —03 10YR 211 100 MS 03 —15 10YR 211 100 S 15 — 34 10YR 212 100 S 34 — 50 10YR 211 100 S 'type: C=concentration; D=depletion; RM=reduced matrix; CS=coated sand grains. Location: PL=pore lining; M=matrix H drlc Soil Indicators: Indicators for Problematic H dric Soils: HIstosol Polyvalue Below Surface 1 cm Muck Histic E I edon Thin Dark Surface 2 cm Muck Black Histic I Loamy Mucky Mineral Reduced Vertic Hydrogen Suf"ide Loam Gle d Matrix piedmont Flood lain Soils _ Stratified Layers Depleted Matrix Anamolous Bright Loamy Soils Organic Bodies Kedox Dark Surface Red Parent Material 5 cm Mucky Mineral Ue leted Dark Surface Very Shallow Dark Surface Muck Presence Redox Depressions Other (explain in remarks 1 cm Muck Marl Depleted Below Dark Surface Depleted Ochric X Thick Dark Surface Iron -Manganese Masses Coast Prairie Redox Umbric Surface X Sandy Mucky Mineral Delta Ochric Sandy Gle ed Matrix Reduced Vertic Sandy Redox Piedmont Flood lain Stripeed Matrix Anomalous Bright Loamy Soils Dark Surface Other ex lain In remarks Restrictive layer: (if observed) Type: Depth (inches): Hydric Sail Present? Yes X No Remarks: Soils appear to be very poorly drained Murville or Torhunta like soil types_ Tract currently in forest management, clear-cut, and being prepped for re- planting. Most vegetation removed. Historically existing +3 — 6 ft deep perimeter drainage on south, east, and north sides of tract. US Army Corps of Engineers Page 2 of 2 Atlantic and Gulf Coastal Plain Region 2011 Permit No. NCG020000 SECTION D: WASTEWATER DISCHARGES - ANALYTICAL MONITORING REQUIREMENTS AND EFFLUENT LIMITATIONS This General Permit authorizes the discharge of process wastewater associated with two distinct activities: 1) mine dewatering and 2) process wastewater associated with mining operations as described below in L-4. of this Section. The authorization to discharge wastewater is specifically identified on each permittee's COC. Process wastewater discharges generated by any other activity are not authorized under this permit, except allowable non-stormwater discharges permitted by 15A NCAC2H.0106(t). Mine dewatering or other wastewaters commingled with stormwater shall be considered wastewater. During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge mine dewatering wastewater controlled in accordance with the conditions of this permit. Mine dewatering requirements apply to all mines that dewater from pits including quarries, clay brick, sand and gravel, borrow pits, and refractory mining, as well as mines with similar discharges. See Part VI (Definitions) and federal regulations in 40 CFR §436 for definitions of the terms "mine dewatering" and "mine" specific to industry sub -sectors. For Construction Sand and Gravel or Industrial Sand mines, "mine dewatering" wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage. Permittees conducting mine dewatering activities that have the potential to drain wetlands or other surface waters must have developed and implemented a Pumping Operation and Monitoring (POM) Plan approved by the Division. Approval may be coordinated with other Divisions in NC DEQ such as the Division of Water Resources, POM Plans shall include, but are not limited to: • Groundwater monitoring strategies to demonstrate the effect of pumping. • Detailed plans to maintain the surrounding hydrology that protects the affected streams and wetlands and the respective monitoring to demonstrate compliance. • The pumping regime deemed necessary to protect affected streams and wetlands. Alternative site specific pumping and monitoring regimes may be approved by the Division on a case -by -case basis. At the Division's discretion, approval of the POM Plan may be required prior to coverage under this General Permit. Mine dewatering discharges to land surfaces (without the potential to discharge directly to surface waters), where no chemicals are used in the mining process, maybe permitted by regulation under 15A NCAC 02T.0113(a)(16) and therefore not subject to the provisions of this permit. 2. PROCESS WASTEWATER During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge treated process wastewater from mining operations. Process wastewater from mining operations includes, but may not be limited to, the water involved in: the slurry transport, washing, or sawing of mined material; air emissions control or processing exclusive of mining of sand, gravel, and stone washing operations; dimension stone cutting operations; and air scrubbing and dust control operations. See Part VI (Definitions) and federal regulations for definitions of the terms "process wastewater" in 40 CFR §122.2 and "process generated wastewater" specific to mining industry sub -sectors in 40 CFR §436. Treatment may involve conveyance through erosion and sedimentation control (E&SC) structures and/or other engineered treatment systems. Part IV Page 9 of 12 Pages Permit No. NCG020000 3. COMMINGLED STORMWATER AND WASTEWATER DISCHARGES If mine dewatering or authorized process wastewaters commingle with stormwater prior to discharge, sampling the combined discharge under this Section D will meet the monitoring requirements of this permit. Sampling shall be performed during the discharge; these events may or may not be associated with rainfall. 4. RECYCLE SYSTEMS Authorized process wastewater discharges (overflows) from a recycle system to surface waters are subject to the provisions, monitoring requirements, and effluent limitations in this General Permit. MONITORING FOR MINE DEWATERING AND AUTHORIZED PROCESS WASTEWATER DISCHARGES Analytical monitoring of mine dewatering and authorized process wastewater shall be performed as specified below in Table 7. For each parameter, an effluent limitation is contained in Table 8. An exceedance of any of these limitations results in a violation of the permit conditions and may be subject to enforcement action as specified in Part V, Section A.2 of this permit. In all cases, the permittee shall report the analytical results from each sample within the monitoring period (as specified in Part V, Standard Conditions, Section E) once a year (by March 1). Sample results that exceed an effluent limitation must be submitted to the Regional Office no later than 30 days from the date the facility receives the sampling results (see Part V, Section E). Table 7 Monitoring Requirements for Wastewater Discharges in Section D -1., 2., 3., and 4. Discharge Characteristics Units Measurement Fre uenc 1 Sample Type Sample Location3 Receiving Waters H2 Standard Quarterl l Grab E All Total Suspended Solids2, 4 mg/l Quarterl l Grab E All Turbidit 2, 3 NTU Quarterlyl Grab E, U & D3 All Settleable Solids2, 5 ml/I Quarterlyl Grab E HQW, ORW, SA, S13, PNA, Tr Fecal Coliform2, 6 col ml Quarterlyl Grab E SA waters only Daily Flow Rate? cfs Quarterlyl - E All Footnotes: 1. The monitoring frequency is quarterly for the first year (see Table 9), and then semi-annually. If a sample concentration exceeds any effluent limit in Table 8, monitoring frequency (all parameters) shall return to (or remain) quarterly, until four (4) consecutive quarterly samples all meet or are below the limit for all parametersallowing the permittee to resume/reduce to semi-annual monitoring. 2. Except for mine dewatering of clay pits, a grab sample is not required for these parameters from a basin/pond designed to contain or treat mine dewatering wastewater that only discharges in response to rainfall in excess of the 10-yr, 24-hr storm. 3. Sample Location: E - Effluent, U - Upstream, D - Downstream. Turbidity must be monitored at the effluent (E). If effluent levels exceed the Water Quality Standard of the receiving water, the permittee must begin sampling turbidity directly upstream (U) and downstream (D) of the effluent outfall or group of outfalls, in addition to the effluent, upon the next monitoring period. The permittee may contact the Part IV Page 10 of 12 Pages -L�3"1li I�!►f+7►I1IRhi►�IhI�If. DEMLR Regional Office for assistance in determining the best instream sample points. The RO may also advise the permittee to relocate self -established instream sample points if appropriate. 4. All facilities that are mining Industrial Sand are required to monitor TSS and are subject to the TSS limits in Table 8. All other types of mines covered by this permit are also required to monitor TSS, but are not necessarily subject to the TSS limits in Table 8, unless discharge is to HQW, ORW, or PNA waters. 5. Only facilities discharging to waters classified as HQW, ORW, SA, SB, Tr, or PNA are required to monitor for settleable solids. 6. Only facilities discharging to waters classified as SA waters are required toter for fecal coliform. 7. Daily flow rate shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate the daily flow rate. Table 8 Effluent Limitations For Wastewater Dischar es Discharge Characteristics Effluent Limitations Monthly Avera e1 Daily Maximuml Total Suspended Solids2 25 mg/1 45 mg/1 Total Suspended Solids2, 3 CHQW, OR 20 mg/1 30 m I Total Suspended Solids2, 3 (HQW/0 RW Trout, PNA waters 10 m l 15 m l H Ran e4 freshwaters -------- 6.0 - 9.0 H Ran e4 saltwaters -------- 6.8 - 8.5 Turbidit 5 -------- N A See Below Settleable Solids (HQW, ORW, SA, SB, PNA, & all Tr waters 0.1 m 1 0.2 MI/1 Daily Flow Rate H W OR 6 ------- 150%of7Q106 Footnotes: 1. Note that for a semi-annual or quarterly sampling schedule, the sample result counts as both the Daily Maximum and Monthly Average value. More frequent samples may be conducted to calculate averages but must all be reported to NC DEQ. 2. Limits applicable to industrial Sand mines. More stringent water quality -based TSS limits apply to all mines that discharge to High Quality Waters (HQW), including HQWs and ORWs that are trout waters (Tr), and Primary Nursery Area (PNA) waters (See 3.). 3, Monthly Average and Daily Maximum TSS Limits apply to all discharges (regardless of mine type) to waters designated as HQW, ORW, HQW/ORW Tr, and PNA. 4. Designated swamp waters can have a pH as low as 4.3 because of natural conditions. In such cases, Federal Effluent Guidelines (40 CFR §436) allow the lower range of the pH limitations to be adjusted downward to no lower than 5.0. The permittee must sample instream to demonstrate a lower limit is appropriate. S. No limit in the effluent discharge applies, but turbidity in the receiving waters shall not exceed levels described below as a result of wastewater discharges. 6. The total daily flow rate of wastewater for all discharges combined (that discharge to the same receiving waters) shall not exceed 50 percent of the total in -stream flow rate of the receiving waters under 7Q10 conditions in HQW/ORW waters, including HQW/ORW trout and PNA waters. The discharge shall not cause the turbidity of the receiving water to exceed Water Quality Standards: 10 NTU (freshwater streams, lakes, and reservoirs designated as trout waters); 25 NTU {all lakes and reservoirs, and all salt waters); 50 NTU (all other streams and surface waters). Part IV Pagel 1 of 12 Pages Permit No. NCGO20000 This General Permit requires the measurement of turbidity in the permittee_'s discharge. but does not impose a turbidity effluent limit. if turbidity of the receiving stream exceeds these levels due to natural background conditions, the existing turbidity level shaII not be increased. If the turbidity in -stream exceeds these levels as a result of wastewater discharges, this water quality standard violation subjects the permittee to possible compliance and enforcement action. The permittee shall complete the analytical samplings of wastewater discharges in accordance with the schedule specified in Table 9. Table 9 Monitoring Schedule Quarterly Monitoring Eventsl,z Semi -Annual Monitoring Eventsi,2 Start Date (All Years)3 End Date (All Years) 3 Period 1 Period 1 January1 March 31 Period 2 Aril 1 June 30 Period 3 Period 2 July 1 September 30 Period 4 October 1 December 31 Footnotes: 1. Maintain quarterly (or semi-annual) monitoring during permit renewal. If at the expiration of the General Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed coverage. The applicant must continue monitoring until the renewed Certificate of Coverage (COC) is issued. 2. If no discharge occurs during the sampling period, the permittee must record "No Flow" or "No Discharge" within 30 days of the end of the sampling period in the facility's monitoring records. "No Flow" or "No Discharge" shall be reported on the Annual Summary Discharge Monitoring Report (DMR). This DMR is to be submitted to the Division of Water Resource's Central Files at the DWR Central Office by March 1 of each year (in accordance with Part V, Section E). 3. Monitoring periods remain constant throughout the five-year term of the General Permit. For permittees continuing with renewed coverage under this General Permit, Year 1 begins in Period 4 on October 1, 2015, and for all permittees Year 5 - Period 4 ends on September 30, 2020. Failure to monitor and report per the permit terms may result in the Division requirine monthly monitoring and reporting for all parameters for a specified time period. SECTION E: BMP CONDITIONS AND RESIDUALS MANAGEMENT 1. BMPs FOR BLASTING AND FLOCCULANTS The permittee shall utilize best management practices (BMPs) to ensure that contaminants do not enter the surface waters as a result of blasting at the site. Flocculants evaluated by the Division may be used if administered in accordance with maximum application doses and any other current requirements. 2. RESIDUALS MANAGEMENT The residuals generated from treatment facilities used to meet the effluent limitations must be disposed of in accordance with applicable standards and in a manner such as to prevent any pollutants from such materials from entering waters of the state or navigable waters of the United States. Part IV Page 12 of 12 Pages Pumping Operation and Monitoring Plan For Simpson Family Properties Borrow Excavation Overview The Simpson Family Properties Borrow is a site approved and used by NCDOT as the primary borrow source for the construction ol'the US 70 to Olga Road in Beaufort. The mine is located on a 45 AC tract of land that is located off NC H WY 101 approximately 3 miles north of the intersection of NC 1-IWY 101 and NC H WY 70 in Beaufort. The latitude is 34.7463, longitude - 76.6424. The mine itself will have a surface area of approximately 20.82 acres and a depth of23 feet at completion. A 25 foot buffer will be maintained along the property boundary, and a 100 foot buffer has been maintained along the wetland boundary. This 100' buffer was based on the Skaggs Method and input discussions fi-om NCDOT, USACE and Stroud Engineering, P.A. Dewatering The current dewatering by NCDOT takes place 24/7 with a Flygt pump discharging cr 450 GMV for a maximum discharge olf 576,000 GPD. "llhcse pumps currently discharge into a dewatering basin and discharge into a canal determined by USACE, representative Tom Steffans to be a high ground ditch that is not Identified as waters of the US. Given that NCDOT has been dewatering this pit for over a year with no adverse effect to the wetlands or neighboring wells the owner proposes to continue operating at this rate or less. The monthly water withdraws for April & May are attached as part of this report. Discharge Monitoring The owner will monitor the existing sediment trap and have it restored to its original depth upon reaching 50% of its capacity. Any sediment that inadvertently accumulates in the high ground ditch shall be removed and the ditch stabilized. Site inspections shall occur during all mining operations to insure that contaminants do not enter surface waters. Additional berms or dikes shall be constructed as may be required to ensure that stornwater runoff will be directed back into the mining pit or through the sediment trap. ,. IReport'of Wa�_ter Wit�htlrawals Permit Number. 'CU402fi -: Sheet: 1 of 1 Check Box if No Use This Month CD Month: May � Year. Ph'Name :came 1 Sim- ps n RIIO Pump GPH?4t100C_ i �_d1 T!P#., Pit Name 75iiF son -Pith Pump GPN240t70 � WBS Element Pit Name Pump :GPN Hours Pumped Gal. Per Day Hours Pumped Gal. Per Day Hours Pumped Gal. Per Day Total Withdrawn Day 1 E-._., _j24!00� 576,000.00 C=0!OQ�_�___,� 1�0!00L��- V.Ou C==-ZjO!OO 0.00 576,000.00 Day 2 24.rO0E-= 576,000.00 O OQI I 0,00 C M!OOL== 0.0v 578,000.40 Day 3 �-,24!00�� 576,000.00 0.00 r__=O!OOF- f 0.00 576,000.00 Day 4 24!00 "--- 575,000.00 F_'^ O:C70 � 0.00 �0?00 0.00 576,000.00 Day 5 [=2"4l00 = 576,000.00 � 0!00 OAO L 0!00 j 0.00 576'000.00 Day 6 24QOO� J 576,000.00 �0100j � 0.00 0,00 576,000:00 Day 7 ��24!00 576,000.00 ��0!00 0.00 1==O!QOL-] 0.00 576,000.00 Day 8 I24!OOC 576,aa0.00 �0!007 . 0.00 1T"�?O!OO 0.00 576,000:00 Day 9 576,000.00 0.00 L-=0!00=�,� 0.00 576,000.00 Da 10 [�'�= 124!Of}��3 576,000.00 C�. _ . `10!00� 0.00 f__0?00�� 0.a0 576,000.b0 pay 11 �24!00=`3 576,000.00 � Or00� ] 0.00 CEO?00 0.00 576.000.00 Day 12 E 24!OO 576,000.00 �0!00 0.00 E�0?00=:] 0A0 576,000.00 Day 13 �24!0 576,000.00 C__T"I0!00 0.00 C=VOO1 -- 0.00 576,000.00 Day 14 C=24!00 576,000.00 �'=�0!00 0.00 ]0!00�D 0.00 576,000.00 Day 15 24!00 576,000.00, 0!00 0.00 L--=O!OOz--= 0.00 576,000.00 Day 16 t ,J24!00�1 576,000.00 �0100�_� 0,00 ==OY;OOE 0.00 576,000100 Day 17 C '24!QO 576,000.00 F-=0300 0.00 O!00 0.00 576,000.00 Day 18 �24!00 576,000.00 i0!00 0,00 [_�0?00�] 0.00 576,000.00 Day 19 ��24!00�_ ] 576,000.00 E-�-O!QO 0,00 0.00 576,000.00 Day 20 E---7-----J24!00E= 576,000.00 C Q?OOr 0.00 E=0!00 0.00 576,000.00 Day 21 =-,,24!00E= 576,000.00 ``i3O!OO�"- 0.00 0.00 576,000.00 Day 22 E---=24!OOE--I 576,000.00 E=0 00 0-00 L-, 0.00 576,000.00 Day 23 i "_ j24MO 1 576,000.00 ` ` NE= 0.00 C����•O?00� 0.00 576,000.00 Day 24 24!00 576,000.00 `'0!OOC-� 0.00 [=VOOE- 0,00 576.000.00 Day 25 4!{i0 576,000.00, 0.00 [=�O!00.� 0.00 576,000:00 Day 26 E�-24±00�� 576,000.00 0.00 E=O!OOE 0.00 5761"000.00 Day 27 _ .r24g00 576,000.00 r: � _ O!QO � 0.00 [=V00= 0.00 576,000.00 Day 28 24!00 576,000.00 �jO100 0.00 0.00 576,000.00 29 C----_ r12!OO 288,000.00 �0?00�� 0.00 � , 0!00 r 0.00 288,000.00 30 ±Day �24!00_' _ 576,000.00 QO!O0�� 0.00 j0!00 0.00 576,000.00 31 :00N ' Q[; 576,000.00 _ ��; _- _�;�: 576,000.00 signature: Date: (�(.� 09 IjY Page Total 17,568,000.00 Date: Time: Water Elev. Water Elev. t ime: Static Water Elev. umped Water Elev. rence Date: Static Water Elev. Pumped Water Elev, 0 Static and pumped water elevations to be taken no less than 12 hours apart p rtof 1Nat C 1111_,ithdraWalS Permit Number: "CiJ402fi�;;:; Sheet: i of 1 Check Box if No Use This Month a_ Month: Aprii Year: 201ilP;: '33U71,' '' WBS t=tement it Pit Name Pump GPH SimRsonTRit Pit NameSimpsonTPi Pit Name Pump GPH 24000i Pump GPH =j2400Q1 7 Hours Pumped Gal. Per Day Hours Pumped Gal. Per Day Hours Pumped Gal, Per Day Total Withdrawn Day 1 1-":r24".00P 576,000.00 C_-=0!00�_'j 0.00 0!0a 1 � 0.00 576,000.00 Day 2 E-_7_'�24!001 = 576,000.00 �O?00E= 0.00 0!00� 0.00 576,000:00 Day 3 E 24!00�7 576,000.00 �0!OOE ' 0.00 O!OO� 0.00 576,000.00 Day 4 I _"'24!OOj 576,000.00 QO!00� 0.00 �O.00 0.00 576,000.00 Day 5 �24!00 576,000.00 - 07!00�� 0.00 Z0!00) ~ O.DO 576,000.'00 Day 6 G-"`�24!00I� 576,000.00 �D'00L:= 0.00 I�__=0!00 0.00 576,000.00 Day 7 576.000.00 �0!00 0.00 WOOC-. ] 0.00 576,000.00 Day 8 E �24!D0� 576,000.00 0.00 ==0i00�`7 3 0.00 576,000.00 Day 9 �24?00E_ 576,000.00' 0.00 E Z=O?00L 0.00 576,000.00 Day 10 C 24!0Or�7 576,000.00 0.00 E=7_-Q!00 0.00 576,000.00 Day 11 �. t24!00E_-j 576,000.00 �� 0!OO 0.00. ` �OAOT 0'.00 576,000.-00 Day 12 E ._2- F24100E= 576,000.00 �0!00�j 0.00 E ,,W00E__=_,:J 0.00 576,000.00 Day 13 F_24!O0E= 576,000.00 Or00r` 0.00 Z:20!00c� 0.00 576,000.00 Day 14 E��24!OOE= 576;000.00 C=DiOD 0.00 0.00 576,000:00 Day 15 C � ----j2"4g00E---1 576,000.00 F_=Or00� 0.00 0.00 576,D00.00 Day 16 [=24S00� 576;000.00 E== OO�j 0.00 F_=0?00 - 0.00 576.000.00 Day 17 C_-__D24!00�] 576,000.00 E:=0100 0.00 �,, O!()O 0.00 576,000.00 Da 18 �24!00�� 576,000.00 0?00�; 0.00 �0!00 � 0.00 576,000:00 Day 19 ("= v-j24!0Gj7= 576,000.00 0.00 4!00 0.00 576,000.00 Day 20 24!00�� 576,000.00 [::=0!00 0.00 1 30!00 } O.OD 576,000.00 Day 21 - 24!00[_-1 576,000.00 E]0!00�� 0.00 'WOO 0.00 576,000.00 Day 22 ==�24MOj - 576,000.00 E=0 00� 0.00 �0!00 __ .Z_ : 0.00 576;000:00 Day 23 24!00E= 576,000.00 �'�'�[0?QQ'I � 0.00 DAO 576,000.00 Day 24 �_ ��24!00 ? 576,000.00 E=0!00�; 0.00 0!00E � 0.00 576,000.00 Day 25 24°00�- j 576,000.00 E=000)�,�,. 0.00 0!00E-_=�7 0.00 576,000.00 Day 26 C = �24!00= ? 576,000.00 0.00 U==0?00�, - �:I 0.00 576,000.00 Day 27 E=24100�� 576.000.00 L=0!00� 0.00 NOOZ 0.00 576.000:00 Day 28 ��24M0 - 576,000.00 E==O?OOU 0.00 y .0!00� 0.00 576,000.00 Day 29 �24!OOL=l 576,000.00 C=0!00===� 0.00 � 0!00 1 0.00 576;000.00 Day 30 �„912!00 288,000.00 E:=0,00; :,Z:,j 0.00I _ 10?00 �� 0.00 288,000.00 Day 31 �- i T Signature: ` Date: lob 1157., Page Total 16,992,000.00 Static and pumped water elevations to be taken no less than 12 hours apart !M Addendum No. I New 1-14-] 4 North Carolina Environmental Managetnenat"Commission Department of. Env'ieofifiient and.'Natural Resources Permit For Th e Of Water In The Central Coastal'ari.Capacity Use Area In accordance with the provisions.of Part 2; Ailielc 2,l';of Chapter 143, General Statutes of North Carolina as amended, and any other. and Regulations, Permission Is Hereby Granted To NC Department of Traiisiiai"tatibn Project No. R-3,307 US 70 from existing roar lanes at Radio Islarid tci VS 70I-Noat of SR 1426 (Olga Road) FOR -THE, Withdrawal and Use of Water in Carteret County, North Carolina in accottlance with the grantee's application dated October 31, 2011, Lund any supporting data submitted with the application, all ol' which are filed with tha Department of Environment and Natural Resources and are considered part or this .Permit. This Permit shall be effective from the date or its issuance until kuivary 31, 20 7, and shall be subject to the specified conditions andlor limitations coritained.in Sections I - X or this Permit. Permit issued this the day of NORTH CAROLINA, ENVIRONMENTAL MANAGEMLNT. COMMI SS1ON BY Tlionnas A. Reeder Director, Division of Water Resources By Authority of the Seei-ctaty of and Natift;al Resources PERMIT #CU4026 Pap 1 of 5 Addendum No. 1 R-48 New 1-14-.14 ; CCPCUA Water Use Permit #CU4026 for NCDOT (R-3307) 1. WITHDRAWALS , A. USE This Permit allows the withdrawal of seater for the purpose of dewatering borrow pits to extract material for road construction. B. RATES OFWrrliD)RAWALS The maximum quantity of water that may be w4hdrawn shall not exceed what is established in the Reclamation Plan as specified in NCDOT's CCPCUA Special Provisions document, C. SOURCE(s) OF WITHDRAWALS Ground Water Source(s). Withdrawals shall be made from sumps in borrow pits in the su.jficial aquifer, D. MONITORING OF WITHDRAWALS Withdlawals.from Catch sourcp, whether tivcll or sump, shall be treasured by an approved metering device c:c�uipped with. at :totalizing indicator, and having an accuracy within plus or rriinus, fife, percent. 11. WATER LEVELS A. MAXIMUM DRAWDOWN'LEVELS .l_ Pump intakes -for the welt(s) shall not be set be1mv.-1he.depth specified in the permit application oi- associated documentation without prier approval of the Division of Waster Resources. 2. In. the.event tfiaL clata from fl e po);,'rhitte'd wells or other Nvells %vitiii.i the Zone influenced by pumping of the permitted wells indicates a detcriotation of quality or quantity in surrounding aquifers or the source aquifer, an alternate maximum pumping level may be'.established by th& Division ot,Water'Resourees. B. MONITORING OF WATER LEVELS 1. The purnping water level in each supplywell_sluall be.measured once a month: a. by a steel oi- electric tape from a f i-x refereince point, br by using the air -line method b. within accuracy li:lrii"ts 6f plu's.or'iiiib-11s grie_Iieicent, c. just prior to shutting off the Pump, or after sufficient: time of pumptlig, so that a inaaimum draNvdovvn.inay be obtained, rltid d, during t} e last planned pumping day of ihi month, or'within the'last five clays of the month. Page 2 of 5 Addendum No. I R-49 New 1-1.4-14 -. CCPCUt1 Water _L1s;e°l�erinit#CU,,402G fc)r NCDOT (R-330-7) ..I'.. 2. The static water level'in each supply: ftll sk al.l`be;tncasured'once a trlonth- a. by a steel or electric Tape from a fixed r6[4en e`p.0inl,:or by using the air -line method b, within accuracy limits of pius-or ininus.dnp-.pere'ent, `. C. after the pump is shut off forap� x,imatel:y,12 hours, and d• within lire last.fivc days of.the iubhth: 3. Unused supply. %Mls or other suitable wells-tfiat'ii1ay-be a-vrailable shall be nioiiitor-cd �vheti such nioriitoring.is s' ' i.fied by. the,01,0sion of Water- Resources and rvhen.pertinent to observation or evaluation of tlic el3ects of %vitltdrawI made under this permit. M. OTHER PROVISIONS A. WELL CONSTRUCTION APPROVAL A Well Construction Permit shall be required prior to the construction of any well that will be used to withdhiw any portion of the water regulated under this Permit. Application for these; permits must be sirbmi(teci to the Washington Regional Office, Divisiou of Water Quality, P.O. Box 2]f3$ , Washington, NC 27889. B. ACCESS TOFACILITIES ..The Environmental Management Comhiiion rind employees of the Department of Environment and Natural Resources shall,h,ave rease nable access to areas owned and under control of the perinittee for observation and inspection of water use and related facilities.pertinent-to the provisions of this permit and othet regulations. IV. REPORT'S REQUIRED A. WITHDRAWALS Monti ily reports of daily withdrawal totals frorii cacti weft or suntp shall be furnished to the Division on a quarterly basis, within 30 days after the cnd of March, .tune, Sel)teniber and December. ]B. W A.TE R LEVELS-': Water,icvel- measurements -for each supply well shall ,bc incasurcd in accordance with Condition 11.. 13- 1. of this permit and subrnitted-tb'the Diitisiorr not later than 30 clays after the end -of the calendar month in'4v'hiich the measurement was taken. Page 3 of 5 Addendum No. 1 R-50 New 1-14-14. CCPCUA Water Use Permit #CU4026 for NCDOT (R-3307) V. MODIFICATION OR REVOCATION A. MODIFICATION 1, The Perm.ittee must _notify•the Director of any proposed major changes in usage and apply fora hiodification of the pennit.for such changes.or for any a'evisions of the terms of this permit. a 2. The Director may modify the terms of the permit;after6U:days written notice to the pennittee, if he finds that the tenris of the pcnnit and/or the resulting water trse are found to be contrary -to the purposes of the Water Use Act of 1967 or contrary 'to publlc,iilterest or having an unreasonably adverse effect upon other water uses in the capacity use area. Modifications may include, but are not limited to, requirements for alternate pumping levels or the collection, analysis, and reporting of ground or surface water quality sarrrplcs. B. REVOCATION The Director may revoke the pcimit if he finds that: 1. the PGrinittee has viol ate'd.the terms of the iiernlit; or. 2. the terms of the Pennit and/or the resulting grater use are contrary to the purpose° of the Water Use Act of 1967 or contrary to the poblic interest or havilig an tr,nreasonably adverse effect upon other'-Wator uses iii;the capacity -use area quid cannot be er1r•ed by-modifieation; or. 3. the Permittee niade false or fraudulent statements in the application for the water use permit; or 4. water withdrawn under the tenns of the permit is used for purposes other than those. set forth i n the perm i L. V.L . CONSTRUCTION -OF PERMIT A. Th.6 terns and conditions shall not be construed to relieve the Permittee of any legal obligation or liability, which it owes or may incur to third parties as the result of the coriduct of itvs operations in conformity with this Permit. B. • When under the terms hereof, �uiy provision.of this.)'.eirmit trgtures approval of the, Department or becbmes effective-at--the.iliseretion of the�Departrnent;-tire. notice of approval or the:dxcrcise of such disaetipai;shall--tie eVideticed.by.-mritten instrument issued by the Department. C. The tennis and conditions of this Permit shall not be construed as a limitation of the powers, duties, and authority vested in the Environmental Management Commission or any other State, Fede ul, or local agency, or any applicable laws hereafter enactcd. Page 4 of 5 Addendum No. 1 New 1-14-14 CC]'CUA Water Use Permit #CU4026 for NCDOT (R-3307) V1.1. ADDITIONAL CONDITIONS A. This Permit shall be subject to any limitati'PnS.or conditions in other State permits, including but bot limited -to perinit`c required pursraant to North Carolina General Statutes § 143-2.15,1. B. Issuance of this Pcrmit shall have no bearing 01I_subseg1tent State dccision(s) regarding any other water use or other permit applications) submitted or which may be submitted by (lie Perin ittee, as successors o3- assigns, C. Compliance with the terms and conditions .in this-peruti.t does not relieve the permiltee of compliance with any provision, now in force or hereafter enacted or promulgated, of the Water Use Act of 1967, the regulltions promulgated thereunder, or'any other provisio.n of State fate. Vill. PENALTIES Violations of the term.s.and conditions of this Permit are subject to penalties as set forth in North. Carolina General. Statutes §143•-? 15.17. Ix. PERMIT NONTRANSFERABLE Water Use Permits shall not be transferred except with approval of the Environmental Management Commission: X. RENEWAL OF PERMIT The Pci-mittec, at least three (3) months prior to the expiradoh of this permit, shall request its extension. Upon receipt of the request, the Commission %vill review the adequacy of the facilities described therein, and if warranted, will extend the pcimit for such period of tune and under -such conditions and limitations as it may dean appropriate. Page 5 01,5 SIMPSON TRACT USGS TOPO U Beaufort 1 Core Creek, NC Quad Sheet (n .) APR Z , 0 2015 u �- . 40 .war o • 40 gUFFgR pE 5 RCS VYG . j � Fre¢wul • , �1 . • Ch 1 1 1 l 11 Rue! 1 �+ {Ci M' 9 X� •10i •: � . � ` �� � � ? ` r0 .. )112 jol 14 1p r � ter s ConnectGIS Feature Report Page 1 of 1 4RCONNECTGIS WEB HCSTING r Printed March 3Q 1 See Below for Oisclai Parcels - Updated 3-19-2015 Centerlines NC Railroad Right of Way County Boundary 0 Other County <all othervalules> IIIIIIIIS ®r,® m t,2158 Feet information displayed by this website is prepared for the inventory of real property found within this jurisdiction and is compiled from recorded deeds, plats, and ott fic records and data, Users of this information are hereby notified that the aforementioned public primary information sources should be consulted for verification information contained on this site. Carteret County assumes no legal responsibility for the information contained on this site. Carteret County does not guarantee tt data and map services will be available to users without interruption or error. Furthermore, Carteret County may modify or remove map services and access methods http:llcarteret.connectgis.com/DownloadFile.ashx?i=_ags_mapb 15b00l l d89a43 ea95c67da... 3/30/2015 CONNEC # GIS Carteret? fhinded June 19, 2014 See Below for Disclaimet ",. a11tt+ iit ML, � i s • w IE •' .''�" Of Feet 5 l.1 1x"L9�5 s i fir.iJ !i ... _ .- ie information displayed by this website is prepared for the inventory of real property found within this juriscriction and is compiled from recorded deeds, plats, and othe ublic records and data Users of this information are hereby notified that the aforementioned public primary information sources should be consulted for verf;cahnn n to information contained on this site Carteret County assumes no legal responsibility for the information contained on this site Carteret County does not guarantee tha tie data and map services wiN be available to users without interruption or error. Furthermore, Carteret County may modify or remove map services and access methods a SIMPSON TRACT USGS TOPO MAP Beaufort 1 Core Creek, NC Quad Sheet (n.t.s.) OF l� 1i. C. 101 ANO Box CULVERT F AT WARN G CREEK T■3T10A6.A3E ��2TG67G7,51 r OP T037 311027 fOV 66C = a (D 12" CMP RISER W/12" CII�IP COURTNEY HEIRS SUBDIVISION OF RECORD BORROW EXCAVATION r obil�mlion for ttas propet shoe with the tills trams res tM-dlO00d canelructlon permit festive 3. 2011 the tf0rlh CoroRna Oeportrnent of Envlfom ent and Natural , OtviSior+ of water 0 ISC�I+4RC1E PIPE TO DITCH 25' MINIMUM PROPERTY LINE SETBACK I • . Terneporaryr �t grae d cover stobilimtlon occur oThh, mcalendar d00,70m the IvAt 1orrd-d�tuettleig activltlr. w�it1+ the } nq �oceptlor n .rti ch t+n+porory or Permanent ground cover shop be provtoed M 4 calendar days from 10 X 15 RIPRAP EN�RGY T T2p39..� r the t�t pond -diet oetivr DISSIPATOR TOP OF ISER WATER LEVEL 4F DITCH= 5.4' X70e,x1. T910 EIP • between 2:1 and act, with a slope IeEwth ! 10 ft. or tees 7i i . of _Q EL _ 1 1�4 _ _ _ _ 1 or flotter, nitt� o sbpe of length 00 IL or lem - - - - - GMlltt t16ACE • 1 ar flotter l AS A 1eOu fiROlm am:11 NOT 10EN11FrE0 AS mym OF THE tRS. woe modes 2ZCQ TT9g _ s the stab anon timelrome for tdgh wgter ( Zones stet 7 coterreor with rro "cepty nor i i d�. � �� wow zones (peon) zones on do% by► North Carolina Adrr�i�ratFre Code 1y► NCAC o�Ad10s (2S). X 7p7153p9e91 - w � a 3. Obi. 50 � t 2 00 t $�Q D• 50 4^SR 4. d� • 4 Tarriparorr OrW permanent ground cover ftab�ieiotioia ho1F t1e OChiewd ut aocordOnGO *'!!� the prowsi0ns �n thif Con roc and Os A IJ -�1 Yts.CF �M lGRNfRt PIT tlEw ``tt0 aAsltr RETAq \ The kinds M med and fertilizer. and the rates of application of geed. fermer, and emestone. strati be cis stated below. curing periods of overtopping dotes. the kind of seed to be used shal be dote mhwd. All rota are in pounds Per acre. 6 ISEE�OETAIL A,1 o PARTIAL M![�E CONTOURS All Roadway Areas r 70 I POOf�TOON �IBH R'b Tall F 31 oe eser,e Febrn,ory 28 r WITH 2- FLY�UMPS_450 GPM EA} I PUM TO RE MOUNTED TO POOTOO WITH PUMPS (tweed) 1 (unhueed) I SUB ERSED ENOUGH TO COVER PUMPS SUCH � > > ( 5dd/ :.`umflestons THAT THE CST WATER IS PUMPED THE40 ` ' DE1yA ERING BASIN ! waste and Borrow Locations - f Y■ 7 i.6497 � IE1 31 1 - F 28 / :J;t i°ii39.097 \ \ io11 Fq To9 Fescue NLET t� M Ot PIPI MAXIMUM PUMPING C`tPAC[jy900 GPM \ ASW On �jl I ;e I Lwnulone DIESEL GENERATOR \ f I U) NoW W§ of Bottiogrom ney to substituted for either Centipede at Bern udogross only upon Enow f?s request. I _ WITH CONTROL PANEL p��` `� W Approved Tell Fescue CWtivom FOR TWO SUBMERSIBLE PUMPS ON RAILS OVER l` / �I Yittennium or ion BORROW EXCAVATION I PONTOON BARGE INTAKE /� \ �j� � APPROXIMATELY 20 BELOI 4� �� -'CT 25 MINIMUM PROPERTY LINE SETBACK I WATER SURFACE r� $ r' ,/ Choke I >>��I' N vorwoe q'' " t VMm ` rurr montotA r mg for y ��. Ltd ff / BORROW E tO�I II \ \ / l05 p �l 1/ 10'�MINIMUM PROPERTY LII�,SOTT C z ! inn To I'll / J I V I Jostles 3 -�td Tguest�1 J � I �Hdt�lt31 ^RLMN 0�1Mo 41 SILT FE�IgCE / \ uitgr Hovels 2000 onote Im'on . i 100 ;WETLANRS BUFFER FROM EXCAVATION t ��^� ' On vet and IN slopes 2.1 or steeper Centipede stro0 be applied at the rote of 5 pounds per ore and odd 200 of Sericso LsapWem from Jonuory 1 - December 31. N/F CARTERET MEMORIAL S F N /% 1 �- \ ` Forteirer 0" be 10-20-20 anotysis. A different analysis of f rltrm mny be used provided the 1-2-2 ratio Is mointoined and the rote of appellation adjusted to provid. the Some omount of plant food as o 10-20-20 onof mft and as directed. f As areas seeded and mulcMd W shell be tao wM asphalt. Crimping of show in five of asphalt tack shoe not be Win m on thk project. GARDENS (CEMETERY) i \ CRIMPING STRAW MULCH- yy ESP 3 Crh�piiq ;hoe be required on_�is Dfnlpeqt a t00epi to onhr section of rap�rny rten trgfl'n: �p �e main or oeowed =tr�c In ore0s trRhin six rset of tt�! edge Of pOrvernent. straw is to be applied ar�d tten Crirnped. Alter the Cempinq I �� e' n X■2710e2 3. EIP 93 7 5:370e319 a operation is complete. on od6honot , ar liner ihao be ag6Wr3ed and imrnedotMy tooloed with a �l orrwunl o�! err find wpt�oft, I E- mM �: ILT C Strove mulch shoe all of sufflclsnt lwgttr and quality to wRts:tond the uhnping aperotion. I +�� fo Cr'wrping equipment k cbdhq flower source stroll be subject to the opprowl of the Erg6rsar providng ttwt tno ns,rn spodnq of erPnger blades sh011 not emceed B'. 1 U1 0 : .�. �� �q H • �! I I Z 77 _ .. 10. x ^" Q rx a 100' EXCAVATION SETBACK TRACT ACREAGE 45.82 ACRES i 'x .� • f T 71 3. 6s7 V WETLAND ACREAGE 13.51 ACRES o �� 5000 , M,�Hp�rE= t�]IvpETR ASpi��CKTP R Lj�n1pTpNC��EEnAREA IN EXCAVATION BUFFER 5.8fi ACRES I �� �� 19,3t \��� VETLANDS BUFFER L[1t11BF' A�XaEMUM OF' LINE �XPOtWT SEEDING -, ire OVERBURDEN STOCKPILE MAXIMUM EXCAVATION AREA OUTSIDE BUFFERS 20.82 ACRES ILd i _ � ��IG �L ��IG ��IG o I2' 38' VARIES 3B' Ia. aw Mix CATEGORY AFFECTED ACREAGE Troilings/Sediment Ponds 0.24 AC Stockpiles - Wostepiles - Processing Area Houl Roads 0.03 AC Mine Excavation 20.82 AC Total Disturbed Acreage 21.09 AC j V- I� I AS • ` 1 �I RET ^' 15 �� �� ��EL a. SI NCE \ ' 2 ■ �� T TE ARY SILT FENCE �i�°sTD iol AVERAGE 0111101M EL. 10.5 t a 8 sILT F WITFf RIgMICE TIED EVERY 23' D LW SILT FE N r I ` tic �1G 0. ENA PERRY \ N/Pt- TYPICAL BORROW EXCAVATION DETAIL Vm37103..2611 .t803 / ' LEGEND X:d70e13si ! �NV�� EX.CONTOUR 47, T T n PROPOSED CONTOUR XE2To°M°622s tie\7717771.. Y 5. FFER i I LT NCE , p�a Y/fir/�/ %/1 rrG I i�►iV Uj Gni rivi� 1 Iiiiv r�tiF r Lrc y I WETLANDS � � 4W TANTREE LINE NOTES: 1) DIGITAL FILES FOR BOUNDARY AND WETLANDS SURVEY PROVIDED BY POWELL SURVEYING P.A. r BOUNDARY WAS ROTATED TO GRID BEARINGS FOLLOWING STROUD ENGINEERING, P.A. TOPOGRAPHIC ANC CONTROL SURVEY. N F GEORGE BRODA f 2t 2t T 7 zTT. °4 2) BARROW EXCAVATION AREA SHALL BE SHAPED PER FINAL DESIGN AND PERMANENTLY SEEDED IN AC ORDANCE WITH SEEDING SCHEDULEON HIS SHEET AT A MAXIMUM ERODIBLE AREA OF ONE ACRE. i -- 1 \� 3 DON SITE INSPECTIQN��BY US MY CORPS OF ENGINEERS MR. TOM STEFFANS ON MAY 6,2014. ) NC WATERS OF THE US BIRDER THE PROPERTY. THE SITE COWAIR 404 WETLANDS AS SHOWN FROM PCWELL SU�YING. P.A. MAP. THE CANALS BORDERING THE PROPERLY TO THE EAST AND NORTH o , TT , ARE HIGH GROUND DITCHES. . X 7 z o \ 4) DURING BORROW PIT DEWATERING OPERATIONS, THE BORROW PIT DEWATERING BASIN SHALL BE INSPECTED I p4 1 EVERY FOUR HOURS TO ENSURE EFFLUENT IN BMP IS NOT AT A LEVEL TO OVERFLOW AND ERODE THE 1 ( s 5) NO ROAo STRUCTURE. CONSTRUCTION WASTE WILL BE ALLOWED TO BE WASTED ON THIS PROPERLY. 12- CMP W/12" CMP41EPITEW/ 10X15X18 RIIPRAPNERGY �� SIG �>IG ��1G ��G �lG ��IG SIG / / \ , 1✓ FENCE DISSIPATOR TOP OF RISER E+P T T 1 \ epi�n MHrfrrrrr EL. 11.0 T e i Nle'SIG X T o. 1i3 \ \ \ tX. ifalat BORROW EXCAVATION ���� " S 5 R 0 � �Ic �iG �- f `bs. 25 MINIMUM PROPERTY LINE SETBACKQ�. OF1~ iON. l''•. , - =z: APR SEAL / ti \ _ 40, . wq r r� I 32. 026981off s a�FF R ��SMU npv f moff SILT FENCE �� �� �� �� X02706so. \ \ 100' WETLA A NUFFEi r t+.3TQ� 13.53T6 -- FROM / X■QT0e31s.031e \ / JE M DAY E. DA COIR FIBER BAFFLE IN T (/ I % r, \ y17W9zi} s I ACCORDANCE WITH ROADWAY XQT 11. \ ' STD DWG 1640.01 AND ` WATER I AL THAT MEETS P ROADWAY STANDARD 1060-14. O o M w FILTRATION GEOTEXTILE COIR FIOER WFLE EL 10.5 1 11 0 \ RIl0A=NGI iP00t1 51PA EL 7.5 fILTRATION GEOTExTOLE W■52.0 STEEL ACING MAX. B VER�ICAM - S�CALEE 1V■ifs• CALCULATIONS SORROW PIT DEWATERING BASIN MAXIMA ALLOWED PUMPING RATE 1000 GPM DEPTH-3' BORROW PIT DEWATERING A Vat it Iml60atI I I 16x1000-16000 4t3 BASIN DETAIL 1 Vpropaaed- 3/3(t64xt16)+(52x1W) +((64x104)+(52x116)/2)) Vproposed- t9176 ft3. therefore ak SCALE 1*�, SHEET #1 OF 1 PROJECT #:PM2212 DESIGN FILE #:FINAL DESIGN WITH GR [ D. DGN T■37n318.41001 \ J \ g� sr l N 1111.`bow 68 4 SEAL r� • o 9 L-439t a Ayy�S`URv O Q, �// /00' l SOIL HAUL ROAD DIRECTLY \ A. CO��"t ONTO-PROJECT r\ PHILIP A. COLLIER, P.L.S. DATE SILT FENCE TOPOGRAPHIC & CPS CONTROL SURVEY PERFORMED BY STROUD ENGINEERING, P.A.C. -. 1010' (PLOTTED) / � (;IS0 50 0 1 0 2 0 ^$� O� CP o / SCALE: 1 "=100 ` 14 \ \ GAR` XCIP MERCER REVISIONS: NMI Br AATE I DE•SCAVPr IV SORROW EXCAVATION & RECLAMATION PLAN SIMPSON FAMILY PROPERTIES, LLC BEAUFORT, CARTERET COUNTY, NORTH CAROLINA OWNER: SIMPSON FAMILY PROPERTIES LLC. 2401 ARENDELL STREET ADDRESS: MOREHEAD CITY NC 28557 DESIGNED: RDC JAM DRAWN: RDC/JAM PHONE: 252-247-4401 CHECKED: STROUD ENGINEERING, F.A. APPROVED: 161A HIGHWAY 24 MOREHEAD CITY, N.C. 28557 DATE: (252) 247-7479 LICENSE NO. C-0647 APRIL 2, 2015 SC ACE j00'