20030130 Ver 2_More Info Received_20070601

u can
Materials Company
May 30, 2007
Mr. Alan W. Klimek, P.E.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
512 North Salisbury Street
Raleigh, NC 27604
Subject: Cabarrus Quarry, Cabamas County
DWQ #20030130, Ver. 2; USACE Action ID. No. SAW-2007-681-313
Dear Mr. Klimek,
I am writing in reference to the approved 401 Water Quality Certification dated May 17, 2007 for the
abovementioned facility. Specifically, I will address Item 9 which requires a °50-foot wide
conservation easement buffer on either side of the northern 675 linear feet of a perennial stream as
discussed on page 2 of the Public Notice".
The northern 675 feet of the perennial stream is currently within the City of Concord, River Stream
Overlay District (RSOD) Undisturbed Buffer as shown on the enclosed "Approved Development and
Stream Buffer Map". Our Mine Permit Renewal in 2006 acknowledged the buffer and proposed
development respecting the limits of the RSOD buffer; as shown on the enclosed "Approved
Development and Stream Buffer Mapu.
Item 9 also states that the conservation easement was discussed on page 2 of the Public Notice.
My copy of the notice makes no reference of a conservation easement requirement.
Taking into account the 675 feet of stream is protected within the City of Concord RSOD
Undisturbed Buffer and the approved development within Mine Permit No.13-27 respects the RSOD
undisturbed buffer limits; I respectfully request the 401 Certification be revised so as to delete "Item
9", with its requirement for a conservation easement.
Thank you for your assistance in this matter and if you have any questions please contact me at
[phone].
Sincerely,
Tom. lC~~
Tim Knopf
Environmental Engineer, Southern Region
ac~~~oe~~
JUN 12007
Cc: David Holsinger
Rodney Hobbs
Steven Lund, USACE
Craig Wyant, Carolina Wetland Services
DENR -WATER QUALITY
w~rUwDSarro sror~vATER sR~ICH
MIDEAST DIVISION, VULCAN CONSTRUCTION MATERIALS, LP
P.O. BOX 4239 • WINSTON-SALEM, NORTH CAROLINA 27115-4239 • TELEPHONE [phone]

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 17, 2007
Mr. Tim Knopf
Vulcan Materials Company
4401 North Patterson Avenue
Winston-Salem, NC 27115
Re: Vulcan Materials: Cabarrus Quarry, Cabarrus County
DWQ #20030130, Ver. 2; USACE Action ID. No. SAW-2007-681-313
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Knopf:
Attached hereto is a copy of Certification No. 3661 issued to Mr. Tim Knopf and Vulcan
Materials Company, dated May l7, 2007. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Solid Waste,
Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply
Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
S' erely„
~` ~~,
Alan W. Klimek, P.E.
AWK/cbk/ijm
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion .
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District, USACOE
Alan Johnson, DWQ, Mooresville Regional Office
DLR Mooresville Regional Office
File Copy
Central Files
Craig R. Wyant, Carolina Wetland Services, 550 East Westinghouse Boulevard, Charlotte, NC 28273
Filename: 030130Ver2VulcanMaterialsQuarryExp(Cabarrus)401_IC
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] FAX [phone] ! Internet: htto://h2o.enr.state.nc.us/ncwetlands
No a hCarolina
~lltllCR~~tf
An Equal OpportunitylAffinnative Action Employer - 50% Recycled110% Post Consumer Paper

Mr. Tim Knopf and Vulcan Materials Company
Page 2 of 5
May 17, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Tim Knopf and Vulcan
Materials Company, to fill or otherwise impact 0.49 acres of 404/wetland and 1592 linear feet of
stream (244 linear feet of intermittent stream with important aquatic function and 1348 linear feet
of intermittent stream lacking important aquatic function) to facilitate the expansion of the Vulcan
Materials Cabarrus Quarry, which is located off Poplar Tent Road at Concord, Cabarrus County,
North Carolina, pursuant to an application dated January 4, 2007 and received by the DWQ on
March 23, 2007, and by Public Notice by the U.S. Army Corps of Engineers issued on the 23rd
day of March of 2007 (received by DWQ on March 23, 2007).
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and
as described in the Public Notice. If the project is changed, prior to notification a new
application for a new Certification is required. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions of this Certification. Any new owner must notify the Division and request the
Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6)
and (7). If any plan revisions from the approved site plan result in a change in stream or wetland
impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount A roved Units Plan Location or Reference
404/Wetland 0.49 acres A lication and Public Notice
Stream -intermittent with
im ortant a vatic function 244 (linear feet) Application and Public Notice
Stream -intermittent lacking
im ortant a vatic function 1348 (linear feet) Application and Public Notice

Mr. Tim Knopf and Vulcan Materials Company
Page 3 of 5
May 17, 2007
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the 404/401 Permit Application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project;
5. Protective Fencing -The outside buffer, wetland or water boundary and along the
construction corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for the
areas that have been approved to infringe within the buffer, wetland or water prior to any
land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404;
Continuing Compliance:
6. Mr. Tim Knopf and Vulcan Materials Company shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. If the Division determines that
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards
and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Mr. Tim Knopf and Vulcan Materials Company,

Mr. Tim Knopf and Vulcan Materials Company a
Page 4 of 5
May 17, 2007
and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Tim Knopf and
Vulcan Materials Company in writing, shall be provided to the United States Army Corps
of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean
Water Act, and shall also become conditions of the 404 Permit for the project;
Miti ation:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR -Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone] if
you have any questions concerning payment into a restoration fund. You have 60
calendar days from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Sub-basin Number
Stream 244 (linear feet Yadkin/03040105
8. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy. of this permit and monitoring report forms may be found at
http: //h2o. enr. state. nc. us/su/Forms Documents. htm. ;
9. Applicant must place a permanent 50-foot wide, wooded, conservation easement buffer
on either side of the northern 675 linear feet of perennial stream as discussed on page 2 of
the Pubic Notice. The legal document requiring this conservation easement must be
executed and received by the DWQ within 60 calendar days of the date of this
Certification.
10. No stormwater runoff from the quarry operating area is to be discharged into any stream.

Mr. Tim Knopf and Vulcan Materials Company
Page 5 of 5
May 17, 2007
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Winston-Salem, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or LAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Winston-Salem, N.C. 27699-6714. If modifications are made to an original Certification, you
have the right to an adjudicatory hearing on the modifications upon written request within sixty
(60) days following receipt of the Certification. Unless such demands are made, this
Certification shall be final and binding.
This the 17th day of May 2. 7
DIVISION O ~ W R LITY
r ~ ~ ~
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Alan W. Klimek, P.E.
3661 Li
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Tim Knopf and Vulcan Materials CompanyCity of Winston-Salem
have permission as outlined below to fill or otherwise impact 0.49 acres of 404/wetland and 1592 linear feet of
stream (244 linear feet of intermittent stream with important aquatic function and 1348 linear feet of intermittent
stream lacking important aquatic function) to facilitate the expansion of the Vulcan Materials Cabarrus Quarry,
which is located off Poplar Tent Road at Concord, Cabarrus County, North Carolina. All activities associated with
these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter.
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20030130, Ver. 2
LOCATION: Near Concord
COUNTY Cabarrus
BASIN/ SUB BASIN Yadkin/03040105
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigabee impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
244 Linear feet of Stream 244 Linear feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 030130Ver2VulcanMaterialsQuarryExp(Cabarrus~0 ] _IC_EEP
401 Oversight/Express Review Permitting Unit Nopfttrtura!!na
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 ~~//~~//~a y
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

NOTES:
1. This intent of this drawing is to show the location of the buffer
required by the loco) government zoning ordinance.
2. The River Stream Overlay District (RSOD) undisturbed buffer shown is
based on the development site pion approved by the City of Concord.
The stream buffer width was based on the definition of the River Stream
Buffer in the City of Concord Unified Development Ordinance that was in
affect of the time the site pion was approved. The buffer applies to
perennial streams os shown on the USGS Quod mop and is determined
by the location of the top of stream bank location and slope of adjacent
terrion. The width of the buffer was calculated using the fdlowing
definition:
SITE "The width of the undisturbed buffer along a perennial stream shall be
b fifty (50) feet plus four (4) times the overage percent slope of the fond
~ between the stream bank and two hundred fifty (250) feet landward. The
mozimum width of the undisturbed perennial stream buffer shall be one
hundred twenty (120) feet from the top of the stream bank."
~Nf ~ NT 3, The NCOENR-LO mining permit issued for this site has ~ operation
condition that requires on undisturbed buffer between the mining activities
and the stream for this area.
4, The location of the stream is taken from o survey prepared by Doug
AT MAP N.T. .) Helms, PLS.
-~~ v~
__ •~ TEMP:.SED7MENT'TR o. 7 /
~ CITY CF C dRD ~/.
•• RIVER'STREA pVERLAY~~
DISTRICT.'UN STURBED . - -
~• BUFFER ' /
TEMP
SEDIMENT ~ ~. ~ \ ~~ ~ /
TRAP' No. 5 ~ PROPERTY LINE/ I ~~ /
'. MINE PERMIT ~ ~
,, . ~ .. ~ BOUNDARY ~~~ I ~, x ~ (_EGEND
PIT LIMIT (PERMIT #13-27> ~ . ( ~ v I ~ APPROVED ovEReuRDEN
~. ~ ~ ~~ / r ~ 1 ~ STORAGE GRADING
\ ~ I ~ ~ / ~_ ~ INDEX
\~y~~ ~ INTER
,~ "''~VII,I~ 't \ ~ ~~ ~ 1 II ~ ~ ~ ~ ~ ~ .- _ ~ APPROVED EROSION CONTROL
l5' 9 `~ , ~ ' f '; I,J I _ _ ~.- MEASURES
~. ~rff-~ i ~I ~. ..'~ ~ ~ ', ~ ~ SEDIMENT TRAP
~ 5p,:
~' ~ ~ ~. ~ L ~ ~ '~~ ~ !f y~ SO - . _ ® ROCK DAM
'~ ~ ~ ~ '~ I ~. .• aE-)F SILT FENCE
d /~ ~ ~ i
TEDI NT +~ • ~ ~ ~~ i ~ ~ ~ -~ SEDIMENT BASIN
•~ ~, ,
TR o. 6 •• 67.7 ~~ L,, ~ ' ,, ~ ~
. ~ ~ SO SLOPE GRAIN
~ .~ Rp ~,
Q /~ ~ ~~ ~ ,;~~ _ SEAL
~~ = 16883 =
• / h ~~ 5 DE LQ', -~~~'•.FNGINEF'~'•0~`
~ , / b ~l~ _ UNDISTURBED STREAM '.~~'' •'•• .....•• •' •~`~~
j ~ ^ , BUFFER , /3~~ ' ~LFS Y ~1`1F'
SCALE 1' = 200' ~ ' ~ ~ ~' ~``
alley, wlllioms, earm~n, ~ kin9, tnc. APPROVED DEVELOPMENT & EXI ING STREAM
CONSULTING ENGINEERS BUFFERS MAP
~:i ~-;s s CABARRUS QUARRY
,,,,~: ,.,,.,,~ a,~,,,,,,,, ,.,.,~~.: VULCAN CONSTRUCTION MATERIALS, L.P.
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NOTES:
1. This intent of this drawing is to show the location of the buffer
required by the local government zoning ordinance.
2. The River Stream Overlay District (RSOD) undisturbed buffer shown is
boxed on the development site pion approved by the City of Concord.
The stream buffer width was based on the definition of the River Stream
Buffer in the City of Concord Unified Development Ordinance that was in
effect at the time the site pion was approved. The buffer applies to
perennial streams os shown on the USGS Quod mop and is determined
by the location of the top of stream book location and slope of adjacent
terrian. The width of the buffer was calculated using the following
definition:
SITE "The width of the undisturbed buffer along o perennial stream shall be
y fifty (50) feet plus four (4) times the average percent slope of the land
~ between the stream bank and two hundred fifty (250) feet landward. The
maximum width of the undisturbed perennial stream buffer shall be one
hundred twenty (120) feet from the top of the stream bank."
ANT NT 3. The NCDENR-LO mining permit issued for this site has an operation
condition that requires an undisturbed buffer between the mining activities
and the stream for this area.
4. The location of the stream is token from o survey prepared by Doug
AT N MAP N.T. .) Helms, PLS.
. ~~ ` ~~
'~'~ ~°,~, TEMP:.,SE6IMENT'TR o. ,T` _
'•~ ~ CITY OF C DRD / ,:.
~• RIVER" STREA OVERLAY~~
' DISTRICT. UN STUBBED . -N-
~• BUFFER ' /
~~ ~ ~ / ,
TEMP _ %~
SEDIMENT _ .
TRAP` No. 5 _ . I ,I~
~ PROPERTY LINE/ / .
_ _ _ ... ,'~ ,BDUNDARY~T '~OI ; I ~ x LEGEND
~ \ CPERMIT #13-27) APPROVED OVERBURDEN
PLT LIMIT _. I ( ~I I
~. I I I/ / ~ 1 ~ STORAGE GRADING
~ I ~ / ~I ~, INDEX
• RO I /
~\ I; X50
~~y~~ os-, I I C ; ~ V - .,~• INTER
V~~
C~H \ '\ '~'. - !~~~ I ~ II ; I ~ ( ~ ~ ~~ APPROVED EROSION CONTROL
~' ,. - ~ ~ ~ \ ~5~',9 ~~ ~ J ;, I.f ~ _ _ MEASURES
'.
_- r.~ .. ., ~ I I' , r ~ ~ ~ , ~ ~ ~ SEDIMENT TRAP
f ,~ h' ~'~ ~~ ~ I / ~) (~ j/~ ~ ® ROCK DAM
Its I ,. SD
,~• A ° ~ I ~ ~ I ~ ~. ~._ ~~ SILT FENCE
TEM . /~ I I I , ~
DI NT ~ • `l ~~ , I ~~ ~ -~ SEDIMENT BASIN
TR o', 6 •• 67.7 _~~ ~~. , I It.. -SD SLOPE DRAIN
r~-
~~~ ~ ~ ;~ ~~ ~ . ~ CqR ,
~~ _ ~ .~
• - SEAL -
' Q / ' / ,, ~:, ''', ~ _ 16883
/ ~ ~ ~ ~ _ ..
~~ / bra ;~' ' S ' UNDISTURBED STREAM ~%,~ •••'~,NG I NEF',~' ~~,~:
~ , I/ ~~ l nh ' . ~ - BUFFER : /3a cTt' ~,,~'~`S ' Y y~1~~.~ ,
~!~ ~ ~~ i i n ~`~~~
SALE 1' = 200'
alley. Williams, carmen, ~ king, tnc. APPROVED DEVELOPMENT & EXI ING STREAM
CONSULTING ENGINEERS BUFFERS MAP
~~ ~ ~.i ~x-;s ; CABARRUS QUARRY
,,.~: ,,,,.,„. „~,~,„ ,q,,,,~,,,,; VULCAN CONSTRUCTION MATERIALS, L.P.
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