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HomeMy WebLinkAboutSAW-2021-00253 FTO Letter SIGNED with Enclosures DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS r ASHEVILLE REGULATORY FIELD OFFICE 151 PATTON AVENUE,ROOM 208 ASHEVILLE,NORTH CAROLINA 28801-5006 December 19, 2022 Regulatory Division Action ID Number: SAW-2021-00253 Mr. Ronald Kopplin Martin Marietta Materials, Incorporated 2235 Gateway Access Point Suite 400 Raleigh, North Carolina 27607 Dear Mr. Kopplin: In accordance with your written request of August 10, 2021, and the ensuing administrative record, enclosed is a copy of a permit authorizing impacts to 2,463 linear feet (If) of unnamed tributaries to Killian Creek, associated with the proposed expansion of an existing aggregate quarry at 4965 NC-16 Business northwest of Denver in Lincoln County, North Carolina. You should acknowledge that you accept the terms and conditions of the enclosed permit by signing and dating in the space provided ("Permittee" on page 3). Your signature, as permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept and agree to comply with all of the terms and conditions of this permit. All pages of the signed permit with drawings should then be returned to this office for final authorization. Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee will be charged for permit applications when the work is noncommercial in nature and provides personal benefits that have no connection with a commercial enterprise...", and "A fee of$100 will be charged for permit applications when the planned or ultimate purpose of the project is commercial or industrial in nature and is in support of operations that charge for the production, distribution, or sale of goods or services." As your application fits the latter category, you are requested to remit your payment electronically via Pay.gov (https://www.pay.gov). Pay.gov instructions can be found at https://usace.contentdm.ocic.org/utils/getfile/collection/pl6021colll1/id/5786. As an option, you may choose to pay with a check for $100, made payable to the Finance and Accounting Officer, USAED, Wilmington. -2- This correspondence contains a proffered permit for the above-described site. If you object to this decision, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this decision you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Steve Kichefski P.O. Box 1890 Wilmington, North Carolina 28403-1890 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by February 16, 2023. It is not necessary to submit an RFA form to the Division Office if you do not object to the decision contained in this correspondence. After the permit is authorized in this office, we will then return the signed permit to you. If you have questions, please contact Mr. Steve Kichefski at the Asheville Regulatory Field Office, telephone (828) 271-7980, extension 4234 or via email at Steven.L.Kichefski@usace.army.mi1. Thank you in advance for completing our Customer Survey Form. This can be accomplished by visiting our website at http://corpsmapu.usace.army.miI/cm apex/f?p=136*0 and completing the survey on- line. We value your comments and appreciate your taking the time to complete a survey each time you interact with our office. FOR THE COMMANDER //`- Go, Scott Jones, PWS Chief Asheville Regulatory Field Office Enclosures 1 Appeals Form 2 Permit 3 Special Conditions 4 Plans 5 Water Quality Certification 6 Mitigation Transfer Form NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: File Number: Date: 0 Martin Marietta Materials,Inc. SAW-2021-00253 December 19, 2022 Attached is: See Section below 01 INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may: (a)modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT:You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice,means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed), by contacting the Corps district for further instruction. Also,you may provide new information for further consideration by the Corps to reevaluate the JD. r TION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT ASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial ffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process,you may appeal process,you may contact: also contact: District Engineer,Wilmington Regulatory Division, Mr. Philip Shannin,Administrative Appeal Review Officer Attn: Mr. Steve Kichefski,Project Manager CESAD-PDO Asheville Regulatory Office: USACE U.S.Army Corps of Engineers, South Atlantic Division 151 Patton Avenue, Suite 208 60 Forsyth Street,Room 1OM15 Asheville,North Carolina, 28801 Atlanta,Georgia 30303-8801 Phone: (404)562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: USAED,Wilmington District Engineer,Wilmington Regulatory Division, Attn: Steve Kichefski, P.O. Box 1890,Wilmington,North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S.Army Engineer Division, South Atlantic,Attn: Mr. Philip Shannin,Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15,Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 DEPARTMENT OF THE ARMY PERMIT Permitter MARTIN MARIETTA MATERIALS, INCORPORATED Permit No. SAW-2021-00253 Issuing Office CESAW-RGA NOTE: The term "you"and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: to impact 2,463 linear feet of unnamed tributaries to Killian Creek, associated with the proposed expansion of an existing aggregate quarry at 4965 NC-16 Business northwest of Denver, Lincoln County,North Carolina. Project Location: located at an existing aggregate quarry at 4965 NC-16 Business northwest of Denver, Lincoln County, NC Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on December 31,2027 If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. ENG FORM 1721,Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) 1 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit, Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). ❑✓ Section 404 of the Clean Water Act (33 U.S.C. 1344). ❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. (REVERSE OF ENG FORM 1721) 2 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). b. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions.General condition 1 establishes a time limit for the completion of the activity authorized by this permit, unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE) MARTIN MARIETTA MATERIALS, INC. (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT COMMANDER) BENJAMIN A. BENNETT (DATE) COLONEL, U.S. ARMY DISTRICT COMMANDER When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) 3 *U.S.GOVERNMENT PRINTING OFFICE:1986-717-425 SPECIAL CONDITIONS Action ID: SAW-2021-00253 1. Work Limits: All work authorized by this permit shall be performed in strict compliance with the attached permit plans, which are a part of this permit. The Permittee shall ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Any modification to the attached permit plans must be approved by the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or wetlands. 2. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps- approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 3. Permit Distribution: The Permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions and drawings shall be available at the project site during construction and maintenance of this project. 4. Notification of Construction Commencement and Completion: The Permittee shall notify the U.S. Army Corps of Engineers in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 5. Reporting Address: All reports, documentation, and correspondence required by the conditions of this permit shall be submitted to the following: U.S. Army Corps of Engineers, Wilmington District, Asheville Regulatory Field Office, Attn: Steve Kichefski, 151 Patton Ave Room 208, Asheville, NC 28801, or Steven.L.kichefski(cb-usace.army.mil The Permittee shall reference the following permit number, SAW-2021-00253, on all submittals. 6. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 7. Reporting Violations: Violation of these permit conditions or violation of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported to the Corps in writing and by telephone at: 828-271-7980 within 24 hours of the Permittee's discovery of the violation. 8. Endangered Species Act: The Permittee shall implement all necessary measures to ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm any federally listed threatened or endangered species. While accomplishing the authorized work, if the Permittee discovers or observes an injured or dead threatened or endangered species, the U.S. Army Corps of Engineers, Wilmington District, Asheville Field Office, Attn Mr. Steve Kichefski at 151 Patton Avenue, Room 208 or Steven.L.KichefskiC@usace.army.miI will be immediately notified to initiate the required Federal coordination. 9. Maintain Flows and Circulation Patterns of Waters: Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters and/or wetlands. 10. Sediment and Erosion Control: 1) During the clearing phase of the project, heavy equipment shall not be operated in surface waters or stream channels. Temporary stream crossings will be used to access the opposite sides of stream channels. All temporary diversion channels and stream crossings will be constructed of non-erodible materials. Grubbing of riparian vegetation will not occur until immediately before construction begins on a given segment of stream channel. 2) No fill or excavation impacts for the purposes of sedimentation and erosion control shall occur within jurisdictional waters, including wetlands, unless the impacts are included on the plan drawings and specifically authorized by this permit. This includes, but is not limited to, sediment control fences and other barriers intended to catch sediment losses. 3) The Permittee shall remove all sediment and erosion control measures placed in waters and/or wetlands, and shall restore natural grades on those areas, prior to project completion. 4) The Permittee shall use appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" to ensure compliance with the appropriate turbidity water quality standard. Erosion and sediment control practices shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management - 2 - Practices in order to ensure compliance with the appropriate turbidity water quality standards. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project shall remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate sedimentation and erosion control measures shall be implemented prior to any ground disturbing activities to minimize impacts to downstream aquatic resources. These measures shall be inspected and maintained regularly, especially following rainfall events. All fill material shall be adequately stabilized at the earliest practicable date to prevent sediment from entering into adjacent waters or wetlands. 11. Clean Fill: The Permittee shall use only clean fill material for this project. The fill material shall be free of items such as trash, construction debris, metal and plastic products, and concrete block with exposed metal reinforcement bars. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source. 12. Water Contamination: All mechanized equipment shall be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the Permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-3300 or (800) 858-0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act shall be followed. 13. Aquatic Life Movement: No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area. All discharges of dredged or fill material within waters of the United States shall be designed and constructed to maintain low flows to sustain the movement of aquatic species. Compensatory Mitigation 14. Mitigation Responsibility Transfer Form: In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit. 15. The Permittee shall fully implement the compensatory mitigation plan, entitled Martin Marietta Denver Quarry Mitigation Plan when it is finalized and approved by the USACE for the unavoidable impacts to 2,463 linear feet of stream. Activities prescribed by this plan shall be initiated prior to, or concurrently with, commencement of any - 3 - construction activities within jurisdictional areas authorized by this permit. The Permittee shall relocate, enhance, and restore 2,106 linear feet of stream in accordance with the plan and with the following conditions: a) The Permittee, Martin Marietta Materials, Incorporated, is the party responsible for the implementation, performance, and long-term management of the compensatory mitigation project. b) Any changes or modifications to your mitigation plan shall be first approved by the Corps. c) The Permittee shall maintain the entire mitigation site in its natural condition, as altered by the work in the mitigation plan, in perpetuity. Prohibited activities within the mitigation site specifically include, but are not limited to: Filling; grading; excavating; earth movement of any kind; construction of roads, walkways, buildings, signs, or any other structure; any activity that may alter the drainage patterns on the property; the destruction, cutting, removal, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage, trash, debris or other waste material; graze or water animals, or use for any agricultural or horticultural purpose; or any other activity which would result in the property being adversely impacted or destroyed, except as specifically authorized by this permit. d) The Permittee shall not sell or otherwise convey any interest in the mitigation property used to satisfy the mitigation requirements for this permit to any third party, without prior written approval from the Wilmington District Corps of Engineers. e) Within 60 days of notification by the Corps that the compensatory mitigation is unsuccessful, the Permittee shall submit to the Corps an alternate compensatory mitigation proposal to fully offset the functional loss that occurred as a result of the project. The alternate compensatory mitigation proposal may be required to include additional mitigation to compensate for the temporal loss of wetland function associated with the unsuccessful compensatory mitigation activities. The Corps reserves the right to fully evaluate, amend, and approve or reject the alternate compensatory mitigation proposal. Within 120 days of Corps approval, the Permittee will complete the alternate compensatory mitigation proposal. 16. Restrictive Covenant: The Permittee shall execute and cause to be recorded in the Lincoln County Register of Deeds the restrictive covenants acceptable to the Corps of Engineers for the purpose of maintaining the 6.3 acres of remaining on-site steams with adjacent buffer areas, in their natural state in perpetuity, prior to the sale or conveyance of any lots or other property within the project site. The Permittee shall provide a copy of the recorded restrictive covenants and map to the Corps of Engineers within 30 days of recording. The provisions relating to streams and the adjacent buffers, including the prohibited activities described in the restrictive covenant cannot be amended without the - 4 - express written consent of the U.S. Army Corps of Engineers, Wilmington District. The Permittee shall enforce the terms of the restrictive covenants and, prior to recording to restrictive covenants, shall take no action on the property described in the covenants inconsistent with the terms thereof. 17. Discovery of Previously Unknown Remains and Artifacts: If you discover any previously unknown historic, cultural, or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 18. Compliance Inspection: A representative of the Corps of Engineers will periodically and randomly inspect the work for compliance with these conditions. Deviations from these procedures may result in an administrative financial penalty and/or directive to cease work until the problem is resolved to the satisfaction of the Corps. - 5 - Figure 5 ,9�rcnu„ e w„ems„wu �s+' aosvwa, o` A �G c� 'x µ,. Quarry Entrance o 4965 Hwy 16 N Denver, NC 28037 0 J:SC4 ` R �F,Bn Y GuisY �6 +C r`D apgR Zy RY 30 D "nry�° mar 0 Ec $na iyya o �a �R3 Fa � 3 y 5 oY p Martin Marietta Legend Denver Quarry N Approximate—Project—Area Vicinity Map For Permitting Purposes Only Sources: Esri,HERE,DeLorme,USGS, Intermap,INCREMENT P,NRCan, Esri Japan, METI,Esri China(Hong Kong),Esri Korea, Esri(Thailand), Drawn by:TLB Mapmylndia,NGCC,©OpenStreelMap contributors,and the GIS User 129/2021 Community Figure 2 i r. --_T. �. SNOW Q a� f } Legend Stream CL Existing_Culverts Marten - Open—Water Marietta k Approximate_Project_Area Denver Quarry USGS Topo Map USGS The National Map: Nati nal Boundaries Dataset,National Elevation For Permitting Purposes Only Dataset,Geographic Names Information System,National Hydrography 9 P y Dataset, National Land Cover Database, National Structures Dataset,and Drawn by:TLB National.Transportation Dataset; U.S.Census Bureau-TIGER/Line; HERE 1/18/2021 Road Data Figure 3 a Soil Map—Linwln County,North Carolina 3 m 0.4i411 ARVJ] 4910.V IB41Q1 4412JJ 4Bf300 48100� ro0rgn 4B1B00 m 35"3S 2-N 8 8 35°MTN r F t' r �gy i gp .1 . ail Map• may not tae �alid at this s �1e' t( 3PM2YN IW 35^3T 1SN MnaO 43 11 4s+ 4 Im 441A3 491aD 4949D f3M1A0' 491Pap 3 3 3 Map gyp:1:5,590fpintetl onAportrad(&5"x11")duet. m N Me ers m A 0 a) /00 201 300 ,1 0 250 500 1000 1310 Map PrcjeWm:Web Mercator CamCYCmrdnatPS:WGSIX Edge tics:UFM Zone 17N WG%4 Natural Resources Web Soil Survey 1/25/2021 Conservation Service National Cooperative Soil Survey Page 1 of 3 Soil Map�--Lincoln County,North Carolina Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CeB2 Cecil sandy clay loam,2 to 8 0.6 1.3% percent slopes,moderately eroded ChA Chewacia loam,0 to 2 percent 16.3 34.6% slopes,frequently flooded PaC Pacolet sandy loam,8 to 15 0.7 1.6% percent slopes PaD Pacolet sandy loam,15 to 25 7.8 16.5% percent slopes PeC2 Pacolel sandy clay loam,8 to 17.1 36.3% 15 percent slopes, moderately eroded Pt Pits,quarry 4.2 9.0% W Water 0.3 0.7% Totals for Area of Interest 47.1 100.0% USDA Natural Resources Web Soil Survey 1/25/2621 Conservation Service National Cooperative Soil Survey Page 3 of 3 Figure 1 Proposed Stream A 443LF ' .r ut�t �d, Culvert Proposed r 60ft�, z:� 231 LF a�,s t _ y Stream A 6282E Proposed Stream C t 198i StrearC Culvert 322LF Proposed Stream A g 129ft 124411F Proposed Stream D 221LF;+ Stream D 392L StreamA r 1121LF v jot , r y' 'Killian Creek 3844LF Legend Existing Streams CL Proposed Proposed Crossing Stream CL 100111 Pit Road Crossing Martin Proposed Marietta Culvert Existing Denver Quarry Culverts For Permitting Purposes Only Project Drawn by:TLB Boundary 7/22/2021 Locations are Approximate 300 150 0 300 Feet �; �i..,. /� b`�9. _.. � � � �.l� � __- '�@, o .. \ ` [� � - � :��\ , �_ ��_,,.� :w��: 1 � � � � e � . r �--.T �— y -w h-----�'i ` - e . --,—� .` � � � 1 � ,` - __ _, , . . ... . . ,. . _- ,_ y �� 0 �� Exhibit B DENVER QUARRY STREAM RELOCATION a� LINCOLN COUNTY - NORTH CAROLINA USACE AID: TBD MM PO#: 11923806 NB PROJECT OWNER MARTIN MARIETTA JAY NIVENS -DENVER QUARRY Z MANAGER ENVIRONMENTAL ENGINEERING 0 JAY.NIVENS@MARTINMARIET-rA.COM Q AeAMdrtKi (704)409-1475 U J Ip THOMAS BROWN 0 6� DIVISION WETLANDS SPECIALIST j V THOMAS.BRO W N@MARTI N MARI ETTA.COM Z (704) 891-8951Lu ti DESIGN - BUILD TEAM DESIGNER JENNINGS ENVIRONMENTAL PLLC } Z ui o GREG JENNINGS, PHD, PE O U PRESIDENT Q CJ (919)600-4790 Z GREG@JENNINGSENV.COM O BUILDER NORTH STATE ENVIRONMENTAL INC j Z BRANDON SPAUGH IIJ Z NorthOState PROJECT MANAGER NORTH- E N V I R O N M E N T A L B.SPAUGH@NSENV.COM (336) 793-8997 SHEET INDEX COVER SHEET 1.1 PROJECT NOTES AND SPECIFICATIONS 2.1 60% PERMIT DRAWING 60%D PERMIT DRAWING STREAM RELOCATION PLANS AND PROFILES 3.1 -3.6 NOT RELEASED FOR CONSTRUCTION RE ON5 STREAM RELOCATION GRADING SECTIONS 4.1 -4.2 MA 281 2021 STREAM RELOCATION DETAILS 5.1 - 5.17 DHTE:O$/28/2031 RE-VEGETATION PLAN 6.1 -6.3 PEOT9 II X+T- A8 NDTED H.D.:W83 V.D.:NAVD88 JE PID:11 fl 1 . 1 GENERAL PROJECT NOTES AND SPECS. DRAWINGS AND/OR DETAILS PROVIDED. MINOR VARIATION(S) OR ADAPTATION(S)OF THE SOIL SURFACE BY APPLYING 4" -6"OF TOPSOIL TO THE PROPOSED ELEVATIONS THE PROPOSED WORK SHOWN ON THE DRAWINGS AND/OR DETAILS ARE AND APPLY SEED AND THEN STRAW MULCH.SEED SHALL BE BROADCAST EVENLY OF CONSIDERED INCIDENTAL TO THE WORK. THE AREA USING A BROADCAST SPREADER PRIOR TO COVERING WITH THE EROSION 1. DEFINITIONS: CONTROL MATTING. THE MATTING SHALL BE ROLLED OUT IN THE DIRECTION OF 1.1. CONSTRUCTION DOCUMENTS: THE CONTRACT AND APPLICABLE DRAWINGS, 4. WHERE PRACTICABLE, EXISTING TREES AND VEGETATION SHOULD BE LEFT IN PLACE ANTICIPATED RUNOFF FLOW. INSTALL MATTING IN ACCORDANCE WITH THE DETAIL > DETAILS, SPECIFICATIONS, PERMIT(S), AND/OR ANY OTHER DOCUMENTS TO FACILITATE NATURAL REGENERATION AND SOIL STABILIZATION. g' INCLUDED IN THE CONSTRUCTION DOCUMENTS. MATTING MATERIAL USED FOR (MEETING MINUTES,PUNCH LISTS, BID TABS, ETC.)FOR MARTIN MARIETTA SHALL COMPLETE MASS EXCAVATION OF THE NEW STREAM FOR COMPLETE INFORMATION STRFAMSIDE STABILIZATION MUST BE CERTIFIED WEED-FREE STRAW OR OTHER ABOUT THE REQUIRED WORK. ANY ONE OF THESE PARTS OF THE MAY NOT CORRIDOR TO THE DESIGN ELEVATIONS IN THE DRAWINGS AND DETAILS. ALL NATURAL WEED-FREE/NON-PROPAGATING VEGETATIVE MATERIALS.REWORKING OF 1 w y=a CONTAIN ALL OF THE INFORMATION REQUIRED TO COMPLETE THE PROJECT EXCAVATED MATERIAL SHALL BE FILLED IN THE DESIGNATED AREA OUTSIDE OF FEMA AREAS THAT DO NOT ESTABLISH VEGETATION OR BECOME UNSTABLE SHALL BE ° WORK. REGULATED FLOODPLAINS AND JURISDICTIONAL WETLANDS. NECESSARY IN THE MATTING SEPARATES FROM THE SOIL. 3d m z 1.2. PROJECT OWNER:MARTIN MERIETTA 6. THE BUILDER SHALL MARK THE PROPOSED STREAM CENTERLINE IN APPROXIMATELY 22. EXCESS EARTH MAY BE USED TO BACKFILL THE OLD CHANNEL OR SPREAD IN OTHER 1.3. DESIGNER/ENGINEER:JENNINGS ENVIRONMENTAL(JE) 500 FT SECTIONS FOR REVIEW BY THE ENGINEER BEFORE BEGINNING CHANNEL LOCATIONS WITHIN THE LIMITS OF DISTURBANCE THAT ARE APPROVED BY MARTIN 1.4. BUILDER:NORTH STATE ENVIRONMENTAL(NSE) CONSTRUCTION. DEPENDING ON ENCOUNTERED CONDITIONS SOME SHIFTING OF MARIETTA. 2. THE WORK ON THIS PROJECT SHALL ADHERE TO THE FOLLOWING SPECIFICATIONS, THE STREAM ALIGNMENT MAY BE NECESSARY, 23. TOPSOIL SHALL BE REMOVED FROM EXCAVATION AND FILL AREAS PRIOR EXCAVATION STANDARDS AND/OR REGULATIONS: 7. CONSTRUCTION EQUIPMENT TRACKS AND ACCESS PATHS SHALL BE GRADED AND AND GRADING AND RE-APPLIED TO AREAS AFTER ROUGH GRADING IS COMPLETE.4" - 2.1. NC DEQ'S "EROSION AND SEDIMENT CONTROL PLANNING AND DESIGN RE-CONTOURED AFTER CONSTRUCTION TO PREVENT RILL AND GULLY EROSION. 6" OF TOPSOIL SHALL BE PLACED ON DISTURBED AREAS TO THE ELEVATIONS AND MANUAL"(2013) 8. CONTRACTOR SHALL USE AN EXCAVATOR WITH A HYDRAULIC THUMB TO INSTALL GRADES INCLUDED IN THE CONSTRUCTION DOCUMENTS. 2.2. GENERAL AND SPECIAL CONDITIONS OF USAGE'S 404 NATIONWIDE PERMIT IN-STREAM STRUCTURES. 24. ANY AREA DISTURBED BY THE BUILDER SHALL BE PROMPTLY STABILIZED FOR INTERIM NUMBER XX 9. DESIGN ELEVATIONS AT THE UPSTREAM AND DOWNSTREAM EXTENTS OF THE WORK AND PERMANENT PURPOSES CONSISTENT WITH STORMWATER BEST MANAGEMENT 2.3. GENERAL AND SPECIAL CONDITIONS OF NCDEQ'S 401 WATER QUALITY AND IN THE VICINITY OF TRIBUTARIES AND CONFLUENCES MAY NEED TO BE PRACTICES. STABILIZATION INCLUDES RE-VEGETATION OF ANY EXPOSED SOILS. CERTIFICATION ADJUSTED TO MEET FIELD CONDITIONS, ADJUSTMENTS SHALL BE MADE IN PLANTED GROUNDCOVER MAY ONLY BE NATIVE VEGETATION. MULCH SHALL BE z 2.4. MSHA? CONJUNCTION WITH THE ENGINEER AND ARE CONSIDERED INCIDENTAL TO SPREAD TO COVER DISTURBED CHANNEL AND FLOODPLAIN AREAS, MULCH SHALL BE O 2.5. THE CONSTRUCTION DOCUMENTS CONSTRUCTION. KEPT OUT OF THE CROWNS OF SHRUBS AND GROUND COVER. Q I- 3. NOT ALL EXISTING UTILITIES ARE SHOWN. SOME LOCATIONS MAY BE ARE 10. CHANNEL CONSTRUCTION WORK SHALL BE COMPLETED AND STABILIZED PRIOR TO 260Z. / YD' COIR MATTING SHALL BE PLACED ON ALL GRADED STREAMBANK$ TO 6.0' Q Z z APPROXIMATE. THE CONTRACTOR IS RESPONSIBLE FOR ALL UTILITY LOCATION AND ALLOWING FLOW TO ENTER INTO THE NEWLY CONSTRUCTED STREAM CHANNEL THE BEYOND THE BANKFULL STAGE. 11.2 OZ/YD2 COCONUT FIBER BLANKET SHALL BE U -4Z O CONTRACTOR SHALL NOT OPEN UP MORE THAN 200 FEET OF CHANNEL WITHOUT PLACED ON ALL GRADED HILLSLOPES AND FLOODPLAINS. EROSION CONTROL O COORDINATION. ANY UTILITIES SHOWN ON THE CONSTRUCTION DOCUMENTS ARE EROSION CONTROL MATTING IN PLACE OR BY APPROVAL OF THE ENGINEER. IF THE MATTING SHALL BE MADE OF 100% NATURAL FIBERS AND MATERIALS AND BE O ♦- FOR INFORMATIONAL PURPOSES ONLY AND IN WAY RELIEVES THE CONTRACTOR CHANNEL CONSTRUCTION WORK IS NOT COMPLETED PRIOR TO ABANDONING THE BIODEGRADABLE UNDER NORMAL CLIMATE CONDITIONS. EROSION CONTROL L FROM COORDINATING,VERIFYING AND PROTECTING EXISTING UTILITIES.ALL UTILITIES LIJli V V SHALL BE PROTECTED AND REMAIN ACTIVE UNLESS OTHERWISE NOTED. OLD CHANNEL, A TEMPORARY SYSTEM SHALL BE USED ACCORDING THE APPROVED MATTING CONTAINING PLASTICS OR PLASTIC BASED MATERIALS SHALL NOT BE USED. LLL E&SC PLAN AND DETAILS. IN-LINE TIMES CHANNEL WORK SHALL UTILIZE THE TEMPORARY Z 4. THE BUILDER IS RESPONSIBLE FOR THE PROJECT AREA UNTIL COMPLETION AND FINAL � V ACCEPTANCE BY MARTIN MARIETTA. THE BUILDER SHALL TAKE ALL PRECAUTIONS PUMP AROUND SYSTEM AT ALL TIME$TO MAINTAIN DRY CONDITIONS IN THE WORK AREA. QUANTITIES AND MATERIALS NOTES AND SPECIFICATIONS Q 0- NECESSARY AND SHALL BEAR ALL RISK OF LOSS OR DAMAGE. THE BUILDER WILL Lu Q 11. STREAM RELOCATION WORK SHALL BE IMPLEMENTED BY FIRST GRADING THE Ln FURNISH ALL NECESSARY EQUIPMENT, TOOLS, LABOR, TRANSPORTATION, AND � FLOODPLAIN ADJACENT TO THE CHANNEL TO THE ELEVATIONS AND GRADES 25. MARTIN MARIETTA SHALL PROVIDE ALL ROCK AND BOULDERS NECESSARY TO Z SUPERVISION COMPLETE THE WORK ACCORDING TO THESE SPECIFICATIONS AND I-- APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. THE BUILDER SPECIFIED IN THE PLANSHEETS.THE DESIGN CHANNEL SHALL THEN BE EXCAVATED TO COMPLETE THE WORK SHOWN IN THE DRAWINGS. DURING CLEARING AND MASS N � Q SHALL CONFINE ALL ACTIVITIES, INCLUDING EQUIPMENT STORAGE,TO THE LIMITS OF THE DESIGN CHANNEL CROSS-SECTION GEOMETRY AND LONGITUDINAL PROFILE EXCAVATION ACTIVITIES,MARTIN MARIETTA SHALL STOCKPILE BRUSH AND LOGS FOR U1 SHOWN IN THE DRAWINGS AND DETAILS. THE THALWEG CAN FIRST BE EXCAVATED THE BUILDER TO USE TO CONSTRUCTION INSTREAM STRUCTURES AND BANK Z W DISTURBANCE,STAGING AREAS,AND DESIGNATED CONSTRUCTION ACCESS POINTS. L1' J H TO THE ELEVATION SPECIFIED IN THE LONGITUDINAL PROFILE AND EXCAVATION AND REVETMENTS. TOP SOIL SHALL BE STRIPPED AND STORED IN A DESIGNATED O 5. THE BUILDER SHALL MAINTAIN ALL LIGHTS, GUARDS, SIGNS, TEMPORARY PASSAGES, < AND ON FINE GRADING OF THE CROSS-SECTIONS SHALL THEN BE PREFORMED. ANY LOCATION FOR REAPPLICATION BY THE BUILDER AFTER MASS EXCAVATION HAS BEEN Q Z OR OTHER PRECAUTIONS NECESSARY FOR THE SAFETY OF ALL PERSONS V TEMPORARY STOCKPILING OR DOUBLE HANDLING EXCESS EARTH NECESSARY TO GOING MINING OPERATIONS AT THE SITE.THE BUILDER SHALL ABIDE BY ALL SAFETY COMPLETED. BUILD THE CHANNEL SHALL BE CONSIDERED INCIDENT AL TO CONSTRUCTION. RULES AND CONSTRUCTION CONDITIONS REQUIRED BY GOVERNMENTAL 26. THE BUILDER SHALL FURNISH ALL OTHER MATERIALS NECESSARY TO COMPLETE THE 0 v W AUTHORITIES AND OTHER ENTITIES, INCLUDING RAILROADS, SO THE PUBLIC IS 12. BANKFULL CHANNEL DIMENSION TOLERANCES WILL BE HELD TO THE DIMENSIONS PROPOSED WORK UNLESS OTHER PROVISIONS HAVE BEEN AGREED UPON PRIOR TO 0 O SAFEGUARDED FROM ACCIDENTS AND DELAYS. GUARDS AND FLAGS REQUIRED BY SHOWN ON THE TYPICAL CROSS-SECTION PLANSHEETS. ELEVATIONS SHALL BE CONSTRUCTION. THE BUILDER SHALL DELIVER ALL MATERIALS TO THE DESIGNATED uj GOVERNMENTAL OR RAILROAD AUTHORITIES SHALL BE PROVIDED AT THE BUILDER'S CONSTRUCTED WITHIN 0.1' (VERTICAL). WIDTHS AND DEPTHS MUST FALL WITHIN ACCESS POINTS AND STAGING AREAS OR TO A LOCATION SPECIFIED BY LL EXPENSE, UNLESS DIRECTED OTHERWISE BY THE DESIGNATED REPRESENTATIVE. RANGES SHOWN IN THE PLANSHEETS.CHANNEL CROSS-SECTION DIMENSIONS SHALL CONSTRUCTION DOCUMENTS.MATERIAL QUANTITIES,DIMENSIONS AND SIZES SHALL Z v BUILDER SHALL AT NO TIME COMPROMISE EITHER SAFETY OR ENVIRONMENTAL BE WITHIN 0.2'(HORIZONTAL). CONFORM TO THE NOTES AND SPECIFICATIONS PROVIDED IN THE DRAWINGS, UJ REQUIREMENTS. 13. IF THE EXISTING GROUND 15 LESS THAN 0.2' HIGHER THAN THE PROPOSED BANKFULL DETAILS OR ON THE QUANTITIES AND MATERIALS LIST.THE ENGINEER MAY INSPECT Q 6. THE BUILDER SHALL ONLY USE ACCESS POINTS,ACCESS PATHS AND STAGING AREAS ELEVATION,IT IS NOT NECESSARY TO EXCAVATE TO THE PROPOSED ELEVATIONS AND AND APPROVE ALL MATERIALS PRIOR TO CONSTRUCTION. IF MATERIALS DO NOT SHOWN ON THE DRAWINGS. ANY ALTERNATE ACCESS PLANNED BY THE BUILDER GRADES IN THE CONSTRUCTION DOCUMENTS. MEET THE MINIMUM REQUIREMENTS SPECIFIED IN THE CONSTRUCTION DOCUMENTS, SHALL BE APPROVED BY MARTIN MARIETTA PRIOR TO USE.ANY NEW ACCESS ROUTES 14. THE BUILDER SHALL UTILIZE NATIVE ONSITE ROCK, WOOD AND VEGETATION THE ENGINEER SHALL REJECT THE MATERIALS. OR STAGING AREAS NEEDED FOR STREAM RELOCATION ACTIVITIES MUST FIRST BE MATERIALS WHERE AVAILABLE AND APPROVED BY THE ENGINEER. 27. THE EROSION CONTROL MEASURES SHOWN IN THE DRAWINGS ARE TO BE INSTALLED FLAGGED AND MAPPED FOR EVALUATION AND WRITTEN APPROVAL BY MARTIN 15. IN-STREAM STRUCTURES SHALL BE INSTALLED AS THE CHANNEL IS BEING AS NEEDED TO KEEP ALL SEDIMENT ON SITE AND OUT OF STREAMS AND WETLANDS. MARIETTA MUST BE OBTAINED PRIOR TO ANY DISTURBANCE ACTIVITIES. CONSTRUCTED. INSTREAM STRUCTURES SHALL BE FINISHED TO A SMOOTH SURFACE ADDITIONAL EROSION CONTROL MEASURES (ABOVE THOSE SHOWN ON THE 7. NO NON-PERMITTED FILL IN WETLANDS MAY OCCUR. ALL EXCESS SOILS FROM MASS IN ACCORDANCE WITH THE LINES, GRADES AND ELEVATIONS SHOWN IN THE DRAWINGS AND ON THE QUANTITIES AND MATERIALS UST) MAY BE REQUIRED IN EXCAVATION, STREAM RELOCATION AND CHANNEL CONSTRUCTION SHALL BE DRAWINGS AND DETAILS. THE FINISHED STRUCTURE SLOPES AND PROFILE ORDER TO KEEP ALL SEDIMENT ON SITE AND OUT OF STREAMS AND WETLANDS. DISPOSED OF IN THE DESIGNATED FILL AREAS. ELEVATIONS SHALL BE WITHIN 0.1'(VERTICAL)OF THE CONSTRUCTION DOCUMENTS. 28. THE USE OF ANY BRAND NAMES/MANUFACTURERS OR MODELS IS INTENDED SOLELY 16. WOOD AND ROCK STRUCTURES MAY BE SUBSTITUTED TO FIT FIELD CONDITIONS AND TO DENOTE THE QUALITY STANDARD OF THE DESIRED PRODUCT.ANY USE OF BRAND TOPOGRAPHIC NOTES AND SPECIFICATIONS AVAILABLE MATERIALS AND IS CONSIDERED INCIDENTAL TO CONSTRUCTION. NAMES IS NOT INTENDED TO RESTRICT BIDDERS TO A SPECIFIC BRAND, MAKE, 17. FILTER FABRIC SHALL BE USED FOR IN-STREAM STRUCTURES.ALL FILTER FABRIC SHALL MANUFACTURER,OR NAME.THE BRAND NAMES/MANUFACTURERS OF MODELS ARE 60% PERMIT BE ER F NONWOVEN G USED FOR UNLESS OTHERWISE SPECIFIED IN STRUCTURE INTENDED TO CONVEY THE GENERAL STYLE, TYPE, CHARACTER, AND QUALITY OF DRAWING 8. MARTIN MARIETTA PROVIDED A BASE DRAWING AND SITE MAP TO JENNINGS PRODUCT.EQUIVALENT PRODUCTS WILL BE ACCEPTABLE IF THE PROJECT OWNER OR ENVIRONMENTAL IN FEBRUARY 2021. ADDITIONAL SITE DATA AND BASE DRAWINGS DETAILS OR SPECIFICATIONS. FILTER FABRIC SHALL BE TRIMMED TIGHT TO THE ENGINEER HAS GIVEN APPROVAL OF THE SPECIFIC PRODUCT IN WRITING. RMSIONS WERE CURATED BY JENNINGS ENVIRONMENTAL PLLC. SURFACE OF THE STRUCTURE AND SHOULD NOT BE OBSERVED BY VISUAL 9. HORIZONTAL DATUM IS NAD83(2011) & VERTICAL DATUM IS NAVD88. ALL INSPECTION. 29. THE BUILDER SHALL WARRANTY ALL MATERIALS AND WORKMANSHIP FOR A PERIOD COORDINATES ARE BASED ON NAD83(2011) AND ALL ELEVATIONS ARE BASED ON 18. BOULDER STRUCTURES SHALL BE CONSTRUCTED FROM BOULDERS THAT ARE CUBICAL ONE YEAR FROM THE DATE OF ACCEPTANCE E SHALL BY THE PROJECT OWNER AND ALL REPLACE NAVD88. OR RECTANGULAR IN SHAPE AND SIZED ACCORDING TO THE STRUCTURE DETAILS. SHPLACE ANY PORTIONS THAT FAIL DUE TO FAULTY MATERIALS WORKMANSHIP,AT NO ADDITIONAL COST TO THE PROJECT OWNER.A SIX(6)MONTH 10. THE DESIGN ELEVATIONS AND GRADES SHOWN IN THE DRAWINGS ARE BASED ON 19. LOG STRUCTURES SHALL BE CONSTRUCTED FROM LOGS THAT ARE INTACT, WITH AND ELEVEN(11)MONTH INSPECTION WILL BE PERFORMED DURING THE WARRANTY THE NCFMP'S 2016 QL1 UDAR SURVEY FROM WHICH ALL COMPUTATIONS OF CUT AND BRANCHES TRIMMED AND IN NON-DECOMPOSED CONDITION AND APPROVED BY PERIOD. THE BUILDER SHALL IMMEDIATELY REPAIR ALL ITEMS DETERMINED BY THE PLOTS E 11, 17. FILL ARE BASED. SLIGHT DISCREPANCIES BETWEEN THE SURVEYED EXITING GROUND ENGINEER. PROJECT OWNER OR AUTHORIZED REPRESENTATIVE TO BE DEFECTIVE UPON _ SURFACE AND FIELD CONDITIONS AT THE TIME OF CONSTRUCTION CAN RESULT IN 20 NOTIFICATION.THE BUILDER SHALL IMMEDIATELY REPAIR OR REPLACE FAILED ITEMS ' 'a VARIATIONS OF TOTAL EXCAVATED QUANTITIES. THESE VARIATIONS SHALL BE . AFTER THE STRUCTURE IS COMPLETE AND FLOW I SOME ADJUSTMENT TO THE STRUCTURE OR ADDITIONAL STABILIZATION T ZZ THE CHANNEL, MEASURE UPON NOTIFICATION BY THE PROJECT OWNER.SEASONALLY INSTALLED ITEMS SHALL CONSIDERED INCIDENTAL TO CONSTRUCTION. MAY BE NECESSARY TO ACHIEVE THE DESIRED FUNCTION. BE REPAIRED OR REPLACED DURING THE NEXT AVAILABLE INSTALLATION PERIOD. 21. THE CONSTRUCTED CHANNEL SHALL BE STABILIZED AS SOON AS POSSIBLE BY ITEMS REPAIRED OR REPLACED UNDER THIS PROVISION SHALL HAVE AN ADDITIONAL STREAM RELOCATION NOTES AND SPECS. INSTALLING TOP SOIL, TEMPORARY AND PERMANENT SEEDING, ADDING STRAW ONE (1) YEAR WARRANTY PERIOD FROM THE NEW DATE OF ACCEPTANCE. AREAS vo:iiii AND/OR OTHER WORK EMS SHALL WHILE ACCESSING AND/OR REPAIRING/REPLACING MULCH TO BARE SOIL AND INSTALLING EROSION CONTROL MATTING (260Z. / YD2 WARRANTY COVERED RENTS SHALL BE STABILIZED. COIR MATTING) FROM THE TOE OF THE BANKFULL CHANNEL TO 8.0' BEYOND THE 11. FIELD CONDITIONS AND PROJECT VARIABILITY MAY REQUIRE ADAPTATION OF THE BANKFULL STAGE. PRIOR TO INSTALLING THE EROSION CONTROL MATTING,PREPARE 2. 1 • SHEET 3.5 0$ TRIB C STA 0+00 TO 1+09 • w SHEET 3.3 SHEET3.6 �wsa � w' a STREAM A STA 6+50 TO 13+00 TRIB D STA 0+00 TO S o 0 R6 NEB 3.2 TO b+50 \ S�REPM P 5S P O+00 ST REAM Q S 4E�3 00 TO 7 9+6 7 Z _O a I.— Z w TCEPM ST Q v > w w O 2 W w O c~i1 O Z a af Q O o w d of o ®._ w U w Lu SCALE," = 150' > z w 0 STANDARD LINES AND SYMBOLS PARCEL BOUNDARY ——— FLOODPLAIN TOE OF SLOPE LOG STEP —10CYR— 1OOYR FLOODPLAIN(SFHA ZONE AE) GRADING LIMITS BOULDER CROSS-VANE — — — EXSTING MAJOR CONTOUR CULVERT �, BOULDER J-HOOK 60% PERMIT EXSTING MINOR CONTOUR PLUG CHANNEL V LOG J-HOOK DRAWING REVISIONS —315— DESIGN MAJOR CONTOUR om BOULDER CASCADE ¢r BOULDER TOE PROTECTION DESIGN MINOR CONTOUR ® CONSTRUCTED RIFFLE STACKED BOULDER WALL --- DESIGN STREAM THALWEG 0000 WOODY RIFFLE FLOODPLAIN BOULDER SILL DAM WaI2021 PLOT SRE:11 DESIGN STREAM BANKFULL BRUSH TOE PROTECTION FLOODPLAIN LOG SILL 1'-lW' H.D.:N 3 VD- u oee h PID:1111 3 . 1 GRADING LIMITS IMPROVED STREAM CROSSING V \ 1 ass \ \� ~• 72.5'WIDE WITH 3.5'BERMS,\ \ s \ \ I I • , \ \ \\ 2:1 SIDE SLOPES \ � J DESIGN CULVERTS STA 4+88 TO 7+19(231 LF) ` \ \ \ i 84"ARCH PIPE WITH BURIED BOTTOM EXISTING CROSSING AND TWO(2)48" FLOODPLAIN BARRELS ' / 1 TO BE REMOVED I1 j J •� -i —� \ �\- \ \ SEE DETAIL SHEET 5.15 '— EXISTING POND TO —' - BE REMOVED I 4.1 BOULDER CASCADE\ \ o RIPRAP STABILIZATION SEE DETAIL SHEET 5.5 \ \ /. —� eas qT CULVERT ENTRANCE \�. \ 1\ s� W Q O STACKED BOULDER WALL \ \.� \ — T�. RA \ \ U V Q \ SEE DETAIL SHEET 5.13 BOULDER TOE PROTECTION \`\` G � ` lSEE DETAIL SHEET 5.72 �. BOULDER J-HOOK VANE ( FLOODPLAIN TOE OF SLOPE \ \ \\ ••a Q Q _ SEE DETAIL SHEET 5.7 `' 1 \— 'CONSTRUCTED \ \ LLI 0 ` / BOULDER FLOODPLAIN SILL 1 UCTED RIFFLE \ \ \\ Z O SEE DETAIL SHEET 5.3 \ \\ SEE DETAIL SHEET 5.14\ \ \ Ul ROCK TOE PROTECTION L:ff \\\ ` ,� �`\4.A`` PLUG AND FILL OLD CHANNEL SEE DETAIL SHEET 5.11 \ \ l \\ J Q \\ \\ `\\, SEE DETAIL SHEET 5.16 \ z J SCALE V -50' Lu ' Q 865 " m 865 Wo J H 860 kj `nw 860 ! EXISTING GROUND \ / 855 EXISTING CROSSING \ 855 TO BE REMOVED 850 850 a IMPROVED CROSSING 1 DESIGN BANKFULL 2:1 SIDE SLOPES 845 845 DESIGN CULVERTS 60% PERMIT SEE DETAILSAS DRAWING 840 T — — 840 RK&ONS 835 1.vx 835 3ez I _ 38% 830 830 D.nre:°va/z°zl PLOT SIZE 11-x 1]' 825 - DESIGN THALWEG 825 MD.:wD83 v D:NnvD88 820 820 S : : m Sm m Y Y 44,00 ^ d2 3e PlDnli 815 aw iw Ew sw S "'', iw a ' Fw w E ' iw E �'i - 615 O+DO 1+ 0 2+ 6 3+00 W 5+00 6+00 6+50 3.2 GRADING LIMITS LOG J-HOOK VANE FLOODPLAIN TOE OF SLOPE \ SEE DETAIL SHEET 5.6 �Bao WOODY RIFFLE Bo� � � — SEE DETAIL SHEET 5.4 � f_ a _ 825 .00 _ _p A i00 R_ mnvR —',O� � �� 100Yk ]DOYft 14Y�� - Y U ROCK TOE PROTECTION - W b � SEE DETAIL SHEET S.11 - N Lu BOULDER CROSS-VANE BOULDER J-HOOK VANE /'—\ FE OMA NE AE �j \ SEE DETAIL SHE 5.8 \ 1 ' SEE DETAIL SHEET 5.7 / W \ ' \ RIPRAP STABILIZATION I CONSTRUCTED RIFFLE BRUSH TOE PROTECTION AT CULVERT EXIT SEE DETAIL SHEET 5.10 N 2 1 DETAIL SHEET 5.3 , - ! . ^4 BOULDER TOE PROTECTION / SEE DETAIL SHEEP 5LOG FLOODPLAIN SILL / j Z C\ ( I SEE DETAIL SHEET 5.12 .14 a O Q 4 Lu O SCALE 1" =50' W � Q 865 a m o W5 W J dw cW k � xw u� 860 \ e � w X�" � �' � rr e W 860 855 855 EXISTING GROUND 850 IMPROVED CROSSING 850 2:1 SIDE SLOPES 845 845 IN I DESIGN CULVERTS \ 60% PERMIT SEE DETAIL 5.15 i \ DRAWING 840 840 RE VONS DESIGN BANKFULL 835 835 x 830 t.,z 830 DaTE-ovzerzort PLOT S2E:11'xt7' 825 - � _ � _ ,.Pic 825 1 � L9% M.D.:NR083 DESIGN THALWEG 820 �- � 820 >za sm em am am am Rmit 5 815 Ew 5 � ew f � kw e ' iw 5 � Y � id Coi' ew 19 k ''u, e W 815 6+50 7+00 8+00 1 9+ 0 1 10+00 11100 12+00 13 00 3.3 �D GRADING LIMITS / f FLOODPLAIN TOE OF SLOPE END STREAM A RELOCATION AT NEW e3o— WOODY RIFFLE 830 - — ' CONFLUENCE WITH KILLIAN CREEK s S`o Va3o� eae - SEE DETAIL SHEET 5.4 N ft \ S w E O m i / „4 o I / Z o NADO w w U M U I CONSTRUCTED RIFFLE e2s I " r- SEE DETAIL SHEET 5.3 ^� — — -� I- BOULDER J-HOOK VANE y�o\ _ — LOG FLOODPLAIN SILL - Q / Qc w /^ - - PLUG AND FILL OLD CHANNEL I Q <J ' SEE DETAIL SHEET 5.7 SEE DETAIL SHEET 5.14 i ' / y / w ' i- - - SEE DETAIL SHEET 5.16 L� �. V1�I=r _ J i _ \ _`$ LOG J-HOOK VANE .i t / 1 / Z BOULDER TOE PROTECTION _ _ o r SEE DETAIL SHEET 5.6 /J ( F- SEE DETAIILLJSHHEEEET 5.12 _ q N d FEMA :HA I I BRUSH TOE PROTECTION 11 _ -- f J J/ n I } Z ZONEHA ` + I SEE DETAIL SHEET 5.10 / / L' / (1 J r` 666 I O Q /- V�wL V z 4 ' z 5 a SCALE 1" =50' Lu 850 _ ^ 850 z vLLI F- F > 3 -s, � > �� eg- to 845 K d L W K d -�—L W s w 845 i 840 840 EXISTING GROUND 835 835 830 DESIGN BANKFULL ` 830 / 60% PERMIT DRAWING 825 _ g7�!� 825 xEvis�s tsx � I 820 820 tvx ' — 815 DESIGN THALWEG 815 MM'WMW2, PLOT SIZE 11'.D' 50 810 i 810 rLo.:ruoeo V.D.:NAVDBB 805 it 805 a m- iE Plo:nn 800 Lw Xd Sw L ' L' d i ,'y Lw Yw id k � Ydd Ld Kd i � Ld s � 800 13 00 14+00 15+00 16+00 17+00 18+00 19+00 19+65 3.4 _ // / J � • ��Ra GRADING LIMITS �, / FLOODPLAINw�§V TOE OF SLOPES/^ Na o / BSS y�f TieC� 24"CMP INV ELV-831.5' (APPROX.) / Z CONSTRUCTED RIFFLE A SEE DETAIL SHEET 5.3 \ LOG STEP" 00 -r00 t\ \ / J CONFLUENCE WITH W V LL \ SEE DETAIL SHEET 5.9 \ ` STREAM A h Z Z a_ d 2 � O CO ;F. ; z SCALE 1" =50' \ 855 z $ : � O�R "m � R m aR om Rm s 855 W om a>a a > a� � > - 855 850 =" w 5u,yw kw Qw kw Qw k � L+ w 850 850 845 EXISTING GROUND 845 I I I I I � / 845 840 DESIGN BANI FULL 840 840 835 835 60% PERMIT 23% o_e% 835 DRAWING 830 830 TTF REVISIONS 830 825 DESIGN THALWEG 825 820 d m a m 3 m a m y ® 820 825 a pp a v a onre ovzerzon F w Z w w S w f F 820 PLOT SIZE 11'�9' 1'-50' 815 815 N.o.:NADB] 815 v.D.:Nq B B10 ry - 0 810 ao � a �am $ � amom gm �. 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PT: Sul , I / w26,7 ELV'.831.8 Rv.82 a IPi- ELV:831.3 Mid:w43.2 ELV:831.8 p PC.0+37.4 3 1 P!:w48.9 ELV:830.3 N PT w48.9 / I w 1 Pi.0,609 ELV:831.J N^ I \ rc:w60.8 y iTii11 PC:w6B.S mZ MI Pco`6oa \ ELV:830.3 Mid:0a66.6 x C X ELV:830.7 -P m O p Q o \\ PT:w)23 ELV:629.2 PT:0+)2.3 1 ELV:B29.8 - -.m Z Z ELV:830.2 `� D O I I PT:o+)z.3 I \ PC:0+83.6 L) C) PC:0+83.6 D N m ELV:829.2 Mid wB9.b D Gl ELV:829.) 1- 2 C PC O+83.6 \ 1 Pi:w95.6 ELV:BID.1 PT:w95.6 I \ + ELV:$28) C ELV'.SW.1 ` ffNm rT / I PT'w956 \ Pc:1+05.8 r v PC:1+05.0 y W in 8 PC 1,05.8 ELV:828.0 Mid 1+11.4 T ELV:828.6 m m / PT; ,17.1 ELV:BD.1 pT:1+17.1 ELV!SVJ S2S 1 PC:1+26.B PC +26.8 ` �/ + ) PC1`2h0 1 ELV:827.2 M1d:1+32.3 ELV:BD.6 PT:1+3).9 ELV:026.1 PT:1+]).9 ELV:826.7 ECC.21.1 PC:1+51A - J' P I ELV:825.9 Mid:1a51 3 ' ELV:M4 PT:1 ELV:824.8 PE 1+W.2 8J0 �-- • PT 1+MA ELV. g15 K: +612 PC:1+)5.8 w ..__. PC:IN5.8 �\�\r \ • PC , ELV:BN.4 Mld:1+81.2 x ELV:824.9 PT:1+8 S ELV:B23.3 Em+8A.6 �� PT'.1+86.e \ g� ELV:833.E � ELV:B21.3 � w • 2 , e L ja � N 9C:2+W.2 PC:2+00.2 \ ^' �S, gJs\PC:2a00,2 8J0 G ELV:822.8 MId:2a06.3 ELV:823A g 12? PT:2+124 ELV 821.) PT:2+12.4 7 �,{L'j EPV2+21.31 EP.2421.3 \ ELV Sul - ELV:822.E \ \ \ N n A Z r C D m Z m m x m o0 0 oo DENVER QUARRY STREAM RELOCATION w DOR LINCOLN COUNTY- NORTH CAROL/NA � m Z )SAMU ,PIC 850 919.61DRIVE ASHE A MC 2BB05 TRIB D - PLAN AND PROFILE 919. MC COX -1 P-1933 Legend Project Boundary AZ *' •` l�Pon'd3 :r ti_ Killian Creek l 0 09 Acre "' Culvert 120ft r', _� Stream A Stream A �`b' . . . . . Stream C 467LF �CLIlV.ert am — — — Stream D Stre C 322LF ` -- -- Stream E Stream F Stream`A 628t-F Stream G Stream H Cuivert +` Stream Dom. £• 129fty Stream H Off "� _ • `', - Property t. Erxisting Culverts " Wetland A ,tr am'A 1121 LF' Open_Water 3 Stream E , 1528LF . 1700LFAWithin Killian Creek Project Boundary 3 �� 3844LtF Wetland A Q.02�Acre Stream F �- 99QLfF 'r Stream G Martin 1108LF Marietta Denver Quarry JD Map For Permitting Purposes Only N Drawn by:TLB 3-29-2021 Locations are Approximate 400 200 0 4oQ Feet Legend Conservation Property Pit Road Crossing Proposed Culvert ' Killian Creek Ufa. 0.77 acre Proposed Stream CL 9 f Minimum 50ft Buffer Project Boundary An l; r C is n+:r 5.55 acre Minimum 50ft Buffer Martin Marietta Denver Quarry N For Permitting Purposes Only Drawn by:TLB 1/24/2022 Locations are Approximate 180 90 0 180 Feet ' NCCGIA,NC911 Board,'; DocuSign Envelope ID:7B50EF06-305F-450D-BAB9-4F421BD1C748 �t c STATE°F7 ROY COOPER Governor ELIZABETH S.BISER , Secretary + ° S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality December 20, 2021 DWR#20200106 Lincoln County Martin Marietta Materials Attn: Mr. Ron Kopplin 2235 Gateway Access Point, STE 400 Raleigh NC 27607 Delivered via email to: Ron.Kopplin@martinmarietta.com Subject: Approval of Individual 401 Water Quality Certification Denver Quarry Expansion and Stream Relocation USACE Action ID. No. SAW-2021-00253 Dear Mr. Brown: Attached hereto is a copy of Certification No. WQC004572 issued to Mr. Ron Kopplin and Martin Marietta Materials, dated December 20, 2021. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal,State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials,the Division may inspect the property. D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh,North Carolina 27699-1650 NQFIJ CH HOLINA rIMA vI /"� 919.707.9000 DocuSign Envelope ID:7B50EF06-305F-450D-BAB9-4F421BD1C748 Martin Marietta Materials DWR#20210106 Individual Certification#WQC004572 Page 2 of 9 This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Mooresville Regional Office within 24 hours(or the next business day if a weekend or holiday)from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH)within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919)431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any questions or concerns. Sincerely, Sgnn�e/d by: EP,"-,',',ui � WO��91 BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh,North Carolina 27699-1650 Noan.cnaouNn o�°^e^ime^wo^mam•iQwr� /� 919.707.9000 DocuSign Envelope ID:7B50EF06-305F-450D-BAB9-4F421BD1C748 Martin Marietta Materials DWR#20210106 Individual Certification#WQC004572 Page 3 of 9 Electronic cc: Zan Price,Jennings Environmental Steve Kichefski, USACE Asheville Regulatory Field Office Todd Bowers, EPA Olivia Munzer, NCWRC DWR MRO DWR 401 & Buffer Permitting Branch Electronic file Filename: 20210106_DenverQuarryExp(Lincoln)_401_IC.docx QE Q,� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh,North Carolina 27699-1650 NORn rAaouNn o�°^e^ime^wo^mam•iQ�r� /� 919.707.9000 DocuSign Envelope ID:7B50EF06-305F-450D-BAB9-4F421BD1C748 Martin Marietta Materials DWR#20210106 Individual Certification#WQC004572 Page 4 of 9 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004572 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, Mr. Ron Kopplin and Martin Marietta Materials, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on August 6, 2021 and subsequent information on December 8, 2021, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on September 8, 2021. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application,the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved (units) Permanent (units)Temporary Stream Site S1—Road crossing 100 (linear feet) 0 (linear feet) Site S2—Stream relocation/ restoration 1,749 (linear feet) 0 (linear feet) Site S2—Stream loss 62 (linear feet) 0 (linear feet) Site S3—Stream restoration 198 (linear feet) 0 (linear feet) Site S4—Stream loss 124 (linear feet) 0 (linear feet) Site S5—Stream restoration 221 (linear feet) 0 (linear feet) Site S6—Stream loss 171 (linear feet) 0 (linear feet) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Mitigation for stream losses and road crossings, as shown in the Impact Table above must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the RES Environmental Banc & Exchange LLC Mitigation Bank—Dogtown Site to meet this mitigation requirement. Until the Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes,this Authorization Certificate authorizes payment to the RES Environmental Banc & Exchange LLC Mitigation Bank—Dogtown Site Mitigation Bank to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub-basin Number Stream 457 (linear feet) Catawba 03050101 Citation: 15A NCAC 02H.0506(c);15A NCAC 02H.0507(c) D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh,North Carolina 27699-1650 NORn. aouNn o�°^e^ime^wo^mam•iQ�r� /� 919.707.9000 DocuSign Envelope ID:7B50EF06-305F-450D-BAB9-4F421BD1C748 Martin Marietta Materials DWR#20210106 Individual Certification#WQC004572 Page 5 of 9 2. You have our approval for your proposed final stream relocation and restoration plan as depicted in the application documents. The relocated stream shall be constructed, maintained, and monitored according to the plans submitted on August 6, 2021 and subsequent information on December 8, 2021.The Permittee shall provide red-line as-built drawings to the Division upon completion of construction. Tree planting shall occur between November 15th and March 15'following completion of construction. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office. Citation: 15A NCAC 02H.0506(c);15A NCAC 02H.0507(c) 3. The Permittee shall implement the Stream Relocation Monitoring Plan submitted to the Division on December 8, 2021. The site shall comply with the Performance Standards submitted to the Division on December 8, 2021. If the Division determine that the site fails to meet the Performance Standards,the Division may require the Permittee to conduct maintenance or repair activities, continue to monitor the site beyond the initial 7-year monitoring period and/or provide alternative compensation for relocation impacts to Stream A. The stream relocation and associated protected buffers must be preserved in perpetuity by use of a conservation easement or other similar mechanism. The Permittee shall submit a copy of the draft protection mechanism and a map showing the limits of the protected area to the Division for review and approval prior to conducting any impacts authorized in this Certification. Citation: 15A NCAC 02H.0506(b)(2)and(c)(2), 15A NCAC 02H.0507(c) 4. Stormwater runoff from impervious surfaces shall be addressed in one or more of the regulated programs: an approved Sediment and Erosion Control Plan, a NPDES stormwater permit, a NPDES wastewater permit, a Mining Permit, or a Division approved Stormwater Management Plan. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) 5. The permittee shall report to the DWR Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday)from the time the permittee became aware of the non- compliance circumstances. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) 6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H.0506;15A NCAC 02H.0507(c) 7. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) 8. All construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4(Sediment and Pollution Control Act of 1973). D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh,North Carolina 27699-1650 NoerH rpRouNA oenartneni m�wmMmvi Q_a 919,707.9000 DocuSign Envelope ID:7B50EF06-305F-450D-BAB9-4F421BD1C748 Martin Marietta Materials DWR#20210106 Individual Certification#WQC004572 Page 6 of 9 Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c),15A NCACO28.0200,15A NCAC 028.0231 9. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 028.0200,15A NCAC 02B .0231 10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) 11. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000,full compliance with permit conditions including the erosion &sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 028.0200;15A NCAC 028.0231 12. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c),15A NCAC 028.0200 13. In-stream structures installed to mimic natural channel geomorphology such as cross-vanes, sills, step-pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life movement. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) 14. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel,the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh,North Carolina 27699-1650 NoerH rpRouNA oenartneni m�wmMmvi Q_a 919,707.9000 DocuSign Envelope ID:7B50EF06-305F-450D-BAB9-4F421BD1C748 Martin Marietta Materials DWR#20210106 Individual Certification#WQC004572 Page 7 of 9 flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20%of the culvert diameter for culverts having a diameter less than or equal to 48 inches,to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5%culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross-vanes,sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert,geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction,then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip-rap or other bank hardening methods. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) 15. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 02B.0200; 15A NCAC 02B.0231 16. If concrete is used during construction,then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 028.0200,15A NCAC 028.0231 17. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original RE Q,� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh,North Carolina 27699-1650 NrerH rAROIJNA oenartneni m�wmMmvi Q_a 919,707.9000 DocuSign Envelope ID:7B50EF06-305F-450D-BAB9-4F421BD1C748 Martin Marietta Materials DWR#20210106 Individual Certification#WQC004572 Page 8 of 9 cross-sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b),15A NCAC 02H.0507(c) 18. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) 19. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip-rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip-rap or other approved materials shall not result in de- stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) 20. Any rip-rap used for stream stabilization shall be of a size and density to prevent movement by stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 02B.0201 21. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c); 15A NCAC 02B.0200;15A NCAC 02B .0231 22. In accordance with 143-215.85(b),the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H.0507(c);N.C.G.S 143-215.85(b) D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh,North Carolina 27699-1650 NoerH rpRouNA oenartneni m�wmMmvi Q_a 919,707.9000 DocuSign Envelope ID:7B50EF06-305F-450D-BAB9-4F421BD1C748 Martin Marietta Materials DWR#20210106 Individual Certification#WQC004572 Page 9 of 9 23. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) 24. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation:15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) 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 CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 20th day of December 2021 EDOCUS'gned by: �GGGLG W1 949D91BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch PAW/slh WQC004572 D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh,North Carolina 27699-1650 NORn. aouNn o�°^e^ime^wo^mam•iQ�r� /� 919.707.9000 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Martin Marietta Materials,Inc.Attn:Mr.Ronald Kopplin Action ID:SAW-2021-00253 Project Name: Martin Marietta Materials—Denver Quarry Expansion County: Lincoln Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors. Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin:03050101,Catawba River Basin Stream Impacts(linear feet) Wetland Impacts(acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 457 *If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin:03050101,Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 457 Mitigation Site Debited: WLS Catawba 01 UMB—Starker Mitigation Site (List the name of the bank to be debited. For umbrella banks,also list the specific site. For NCDMS,list NCDMS. If the NCDMS acceptance letter identifies a specific site,also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District,are currently available at the mitigation site identified above. Further,I understand that if the Sponsor fails to provide the required compensatory mitigation,the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Date July 7, 2020 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the North Carolina Department of Transportation(NCDOT),construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this form,confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor,and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager(address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District, the Sponsor must obtain case-by-case approval from the District Project Manager and/or North Carolina Interagency Review Team(NCIRT). If approved, higher mitigation ratios may be applied,as per current District guidance and a new version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions:A letter from WLS,confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 8/18/2022 was included with the preconstruction notification. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office,3331 Heritage Trade Drive,Suite 105, Wake Forest,NC 27587(or by email to SAWMIT@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Mr.Steve Kichefski USACE Field Office: Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Email: steven.l.kichefski@usace.army.mil Digitally signed by Steve Steve Kichefski Kichefski Date:2022.12.16 12:27:25-05'00' December 16, 2022 Wilmington District Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 2 of 2