20231120_Wetland_Monitoring_Plan

Martin
Marietta
Belgrade Quarry
Bender Pit
Wetland Monitoring Plan
January 25, 2023

1.0 Project Description
Martin Marietta Materials, Inc. (MMM) proposes to expand existing mining operations at the
Belgrade Quarry by excavating a new limestone quarry pit known as the Bender Pit. Pit
construction will be conducted using large excavators,drag lines and/or front-end loaders,and
large off-road trucks. All discharged water from the pits will meet the water quality standards
set forth by the existing NPDES Industrial General Permit Number NCG020005 issued by NC
Department of Environment and Natural Resources'(NCDENR)Division of Water Resources.
The proposed 92.5-acre Bender Pit is located south of the existing pit on the east side of the
White Oak River.This proposed pit is separated from the current pit and plant area by a
wetland system,which encircles the proposed pit.
MMM is proposing two road crossings in order to provide adequate safe access to the new pit
area.The northern crossing crosses two wetland areas and would impact 0.45 acre of wetland.
It is located to align with an existing established road, which travels to the plant area. This
proposed product haul road would also impact 0.18 acre of wetland associated with the
expansion and upgrade of an existing crossing as shown on the map at the north-eastern tip of
the proposed pit.A second proposed haul road for overburden is aligned to allow the safest and
most direct travel for hauling overburden material to the existing mined-out southern end of the
current pit. This proposed crossing would be constructed in the narrowest area of the wetland
system, which divides the two pits, while still allowing direct travel. Impacts associated with
this road total 106 LF of stream and 0.9 acre of wetland.
The proposed Bender pit is comprised of mostly upland areas with 5 wetland fingers which
extend into the pit area.These impact areas have been studied for geological resources and the
proposed wetlands impacts will allow access to those areas, as well as to mine ore in upland
areas. Wetland impacts from the pit total 7.43 acres. Wetland areas surrounding the pit will
have a minimum 50ft buffer. Between this 50ft buffer and the pit, a road/berm will be
constructed to allow travel around the mine and to remedy any possible flooding of the pit.
Inside of this berm,overburden will slope down to the rock surface which will be mined.
Total wetland impacts for the project including roads and pit equal 8.96 acres.
2.0 Existing Conditions
The project site is located adjacent to an existing and active limestone quarry known as the
Belgrade Quarry. The 1,605-acre Quarry site is in the White Oak River Basin(03020301),and
includes the old mine pit,the current mine pit,the facility infrastructure,and the Project Area.
The Quarry operation has been active in its current pit configuration since 1988. The main
infrastructure for the Quarry has been constructed for the existing pit operations and would also
be used to continue mining in the proposed new pit areas in the Project Area.
The Bender Pit area is comprised of active farm fields and mixed pine forestland with

some hardwoods such as sweetgum and red maple.
Soils on the site consist of fine sands, such as Pactolus, Johns and Autryville in the upland
marine terraces and soils such as Muckalee loam in the wetlands and floodplain areas.
A wetland delineation was conducted on the site and a Preliminary Jurisdictional Determination
with a signed survey was approved on May 28, 2014. In 2019, this determination was field
checked,and portions were re-delineated by MMM wetland staff.The re-delineation was
reviewed in the field by Corps of Engineers staff on 7/9/2020 and 12/15/2020.
3.0 Purpose of Monitoring
MMM is proposing to excavate a limestone quarry pit as shown on the attached Figure 1. This
pit will be de-watered in order to extract the limestone deposit. USACE has expressed concerns
about potential indirect impacts to nearby wetlands. MMM proposes to monitor these wetlands
in order to document the level of impacts, if any, and to compensate for any indirect impacts
documented to occur.
4.0 Monitoring Guidelines
MMM will install monitoring wells using the ERDC 2005 WRAP guidelines in the locations
shown on Figure 1. Monitoring wells will be placed in transects at 50ft and 100ft from the
wetland boundary. Placing the monitoring wells in these areas will ensure that any negative
impacts from mining will be detected.
The wells may be monitored using Onset HOBO Cellular monitoring systems similar to those
depicted in the photo shown on Figure 2. MMM may use other updated monitoring technology
depending on what is available at the time of installation. The gauges will be programmed to
take daily water level measurements and for the measurement data to be saved remotely.
5.0 Reporting
Gauges will be programmed such that hydrologic data at each monitoring gauge station will be
collected daily, with automatic data uploading from each station to a remote database. A
monitoring report will be prepared at the end of each year for regulatory agency review and will
be submitted by March 311 of the following year. This annual monitoring report will provide
shallow groundwater data presented in summary tables and graphs. Rainfall data will also be
provided.

6.0 Monitoring Duration,Success Criteria and Regulatory Determination
To establish a baseline, monitoring will begin at least one growing season prior to any mining
in the Bender Pit. Growing season,as recommended by the Corps,is considered to be February
I through November 30. Monitoring Reports will be submitted by March 31' of each year.
Once mining has commenced, monitoring will continue until mining in Pit B has ceased or a
determination is received from the Corps of Engineers that monitoring is no longer required.
MMM may request that individual wells or transects be removed from monitoring if mining
adjacent to them has ceased.
The wetland type of the area monitored could be described as a Riverine Swamp Forest and
Bottomland Hardwood Forest. As such, NCWAM describes Riverine Swamp Forest as
seasonally to semi-permanently inundated and Bottomland Hardwood Forest as intermittently
to seasonally inundated. Referencing Table 5 of the 1987 Corps of Engineers Wetland
Delineation Manual, seasonally inundated wetlands should exhibit wetland hydrology for
greater than 12.5% of the growing season in most years (50% probability of occurrence).
Therefore, this metric along with comparison to baseline and rainfall data will be used to
determine if indirect adverse impacts have occurred.
If occurrence of indirect adverse impacts to wetlands is documented, the Corps will
communicate with the applicant regarding the impacts documented and any additional efforts
necessary to further assess the extent of such impacts. If mitigation is necessary to address
documented indirect adverse impacts to wetland,the applicant will establish a mitigation plan
at that time.

Figure 1
Belgrade Quarry
dp
Wetland Monitoring Map Martin
Drawn by Thomas Brown
Marietta
1I2512013
For Pertnilting Purposes Only
lar�tions Are Appmxlmale
Wetland Manitaring Wells
to be placed in transects ak 50tt
and 100ft from wetland boundary.
ik
Legend Monitoring locations are approximate.
14
Some field relocation of the transacts
O Proposed Wetland Monitoring Locations may be necessary, but the 5Dft and
100ft distances from the wetland baundary
Road Crossings will be maintained.
Proposed Bender Pit '
Wetland_Impacts r,
Wetland Boundary erial Imagery
640 320 0 640 Feet

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rP1rk"T°` tiF�� United States Department of the Interior
FISH AND WILDLIFE SERVICE
g Raleigh ES Field Office
551-F Pylon Drive
M+Ac a ,s'w Raleigh,North Carolina 27606
25 September 2023
Emily B.Thompson
Regulatory Specialist
U.S. Army Corps of Engineers
Washington Regulatory Field Office
2407 W. Sth Street
Washington,NC 27889
Subject: Martin Marietta Materials, Inc.: Belgrade Quarry Expansion,Jones County NC
Action ID Number SAW-2019-00233
USFWS Project Code: 2023-0117203
Dear Ms. Thompson:
This document transmits the U.S. Fish and Wildlife Service's(Service) biological opinion(BO)
based on our review of the U.S. Army Corps of Engineers(Corps)proposed actions described in
the Biological Assessment Form (BA Form) for Martin Marietta Materials, Inc.'s Belgrade
Quarry expansion.Formal consultation was initiated on August 22, 2023,which is the date we
received the BA Form. This project qualifies for consultation under the Interim Consultation
Framework for the northern long-eared bat(NLEB). This BO is submitted in accordance with
section 7(a)(2) of the Endangered Species Act(ESA)of 1973,as amended(16 U.S.C. 1531 et
seq.). It is based on information in the Service's Standing Analysis for the Interim Consultation
Framework(https://www.fws.gov/library/collections interim-consultation-framework-northern-
long-eared-bat),the BA Form, and other sources of information,as appropriate.
The NLEB was previously listed as threatened under the Endangered Species Act(ESA) in 2015,
and a special rule pursuant to section 4(d)of the ESA was finalized in 2016. The Service
reclassified the NLEB as endangered on November 30,2022,which rendered the 4(d) rule
obsolete on the effective date of March 31, 2023, as 4(d)rules are not available for endangered
species. All take' is now prohibited by section 9 of the ESA. All new and ongoing federal
actions that are reasonably certain to result in incidental take need exemption from the taking
prohibitions of section 9, which is provided by the Service in an Incidental Take Statement
(ITS).
1 The ESA and its implementing regulations(50 CFR 17)define take as harass,harm,pursue,hunt,shoot,wound,
kill,trap,capture or collect,or to attempt to engage in any such conduct."Incidental taking"is defined at 50 CFR
I7.3 as"any taking otherwise prohibited, if such taking is incidental to,and not the purpose of,an otherwise lawful
activity."
2 Federal actions include all activities or programs authorized,funded,carried out,or permitted--in whole or in part
—by Federal agencies in the United States or on the high seas.

The Interim Consultation Framework provides a mechanism to improve the efficiency and
consistency of completing formal section 7 consultation for the NLEB for projects consistent
with the former 4(d)rule and provide for exemptions from section 9 prohibitions for incidental
take that is reasonably certain to occur before April 1, 2024. The Interim Consultation
Framework includes a Standing Analysis where the Service examined whether potential federal
actions covered by the Interim Consultation Framework are likely to jeopardize the continued
existence of the NLEB. The Standing Analysis was used to streamline the development of this
BO and ITS Form. It is incorporated by reference in this document.
I. DESCRIPTION OF THE PROPOSED ACTION
The action that is the subject of this BO will be implemented under the Interim Consultation
Framework.The Corps provided the following Project Description in the BA Form:
The project involves the expansion of an existing mine pit and the opening of a new mine pit,
resulting in the loss of 8.96 acres of wetlands and 899 linear feet of stream associated with the
construction of overburden/haul roads and the excavation of limestone. The project will clear the
remaining trees within the 10-acre project area.
Conservation Measures
Conservation measures represent actions outlined in the project description that the action
agency will implement to further the recovery of the NLEB.
1. The project will not disturb hibernating NLEBs in a known hibernaculum during hibernation.
2. The project will not alter the entrance or interior environment of a known hibernaculum at any
time of the year.
3. The project will not remove any trees within 0.25 miles of a known hibemaculum at any time
of year.
4. The project will not cut or destroy known occupied maternity roost trees, or any other trees
within a 150-foot radius from the maternity roost tree, from June 1 through July 31.
II. ACTION AREA
The action area is defined as"all areas to be affected directly or indirectly by the Federal action
and not merely the immediate area involved in the action" (50 CFR 402.02). The action area is
not limited to the"footprint"of the project but rather encompasses the spatial extent of the
modifications to the land,water,air that is caused by the action.
The action area is the proposed Bender pit, 10 acres of uplands and wetlands north of an existing
borrow pit at the Belgrade Quarry in Jones County,North Carolina(approximate coordinates are
34.8688,-77.2088).
III. STATUS OF THE SPECIES
See the Status of the Species in the Standing Analysis for a description of the species and its life
history,range and distribution, population status and size, threats, and conservation needs.
2

IV. ENVIRONMENTAL BASELINE
In accordance with 50 CFR 402.02, the environmental baseline refers to the condition of the
listed species or its designated critical habitat in the action area,without the consequences to the
listed species or designated critical habitat caused by the proposed action. The environmental
baseline includes the past and present impacts of all Federal, State, or private actions and other
human activities in the action area,the anticipated impacts of all proposed Federal projects in the
action area that have already undergone formal or early section 7 consultation,and the impact of
State or private actions which are contemporaneous with the consultation in process. The
consequences to listed species or designated critical habitat from ongoing agency activities or
existing agency facilities that are not within the agency's discretion to modify are part of the
environmental baseline. The environmental baseline is a"snapshot"of the species' health in the
action area at the time of the consultation and does not include the effects of the action under
review.
Status of the Species within the Action Area
Projects that qualify for formal consultation under the Interim Consultation Framework occur
within areas where NLEBs are reasonably certain to occur and may be within a known maternity
colony area,known swarming or staging area, or known winter habitat in areas where the species
is active year-round'.
The NLEB is reasonably certain to be present within the action area. At least one NLEB was
captured in July 2022 at a site along the White Oak River, approximately 1 kilometer(km)(0.62
miles) from the action area. Habitat for maternity roosts,winter roosts, and foraging is present
within and adjacent to the action area.
Factors Affecting Species Environment within the Action Area
This analysis describes factors affecting the environment of the species in the action area. The
action area is an existing quarry. Most of the area is devoid of trees and the ground is disturbed.
The applicant removed most of the trees prior to application for the Corps permit,but trees
remain along the streams and wetlands on the site. There are few other existing or known future
threats to the surrounding landscape or the action area.
EFFECTS OF THE ACTION
For a description of the effects of the activities that will occur during implementation of this
project,see the Standing Analysis for the Interim Consultation Framework. Because the species
is reasonably certain to occur within the action area, the NLEB is likely to be exposed to the
stressors that could be caused by the proposed action.
The Corps provided additional information regarding the specific actions that are subject to this
BO in the BA Form. In the Standing Analysis, the Service described how the general categories
'The northern long-eared bat is active year round in the Southeast Coastal Plain from the James River in Virginia
south to the border of Georgia and the species'entire range in Louisiana.
3

of activities are implemented,generally, and the nature of their likely effects to the NLEB. In the
BA Form,the Corps provided the stressors associated with this project that will occur through
April 1, 2024.
Based on this information, the proposed action is likely to result in the following effects to the
NLEB.
1. Removal of occupied roost trees via the removal of roosting habitat in an area where
the NLEB is active year-round. This can cause harm(death or injury)of juveniles and
adults from predation resulting from fleeing roost trees during the day.
2. Removal of unoccupied roost trees via the permanent removal of roosting habitat. This
can cause harm through reduced fitness by fragmenting maternity colonies and
significantly affecting behavioral patterns associated with breeding.
3. Disturbance associated with human activities(e.g., noise,exhaust,vibration,etc.)that
is significant enough to result in result in NLEBs fleeing occupied roost tree(s)during
the daytime. This can cause harm (death or injury) of adults and juveniles from
predation resulting from fleeing roost trees during the day.
V. CUMULATIVE EFFECTS
Cumulative effects are those effects of future State or private activities,not involving Federal
activities,that are reasonably certain to occur within the action area of the Federal action subject
to consultation(50 CFR §402.02). Additional regulations at 50 CFR §402.17(a) identify factors
to consider when determining whether activities are reasonably certain to occur. These factors
include but are not limited to existing plans for the activity; and any remaining economic,
administrative,and legal requirements necessary for the activity to go forward.
The Standing Analysis already considered the effects of the total amount of forest management,
prescribed fire, and habitat removal that may occur range-wide (within the U.S.)until April 1,
2024. We were not able to distinguish between federal and non-federal projects when we
estimated the total amount of these activities. Therefore, any cumulative effects from those
activities occurring within the action area do not need to be evaluated separately here. The
Service is not aware of any future State, tribal, local,or private actions that are reasonably
certain to occur within the action area at this time;therefore,no cumulative effects are
anticipated beyond the effect of non-federal forest management,prescribed fire, and habitat
removal analyzed in the Standing Analysis.
VI. CONCLUSION
Section 7(a)(2)of the ESA requires that federal agencies ensure that any action they authorize,
fund,or carry out is not likely to jeopardize the continued existence of any endangered or
threatened species or result in the destruction or adverse modification of designated critical
habitat. "Jeopardize the continued existence of means to engage in an action that reasonably
would be expected, directly or indirectly,to reduce appreciably the likelihood of both the
survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or
distribution(RND)of that species (50 CFR 402.02). The Service adds the effects of the action
4

and the cumulative effects to the status of the species and to the environmental baseline to
determine if the proposed action is likely to appreciably reduce the likelihood of both the
survival and recovery of a listed species in the wild by reducing the RND of that species.
SummiM of Effects to Individuals
Habitat removal activities are likely to result in disturbance,harassment, and harm of pups,
juveniles,and adults through the removal of occupied or unoccupied roost trees and foraging
habitat. This can cause harm(death or injury)of juveniles and adults from predation resulting
from fleeing roost trees during the day or harm through reduced fitness by fragmenting maternity
colonies and significantly affecting behavioral patterns associated with breeding. Individual bats
are expected to be exposed to these activities, and of those,a small number are expected to be
directly or indirectly harmed.Additional harm is anticipated for unquantified effects from
"other"activities that may affect the NLEB (noise). We are unable to quantify the effects due to
the programmatic nature of this standing analysis; however,we do not expect the additional
impacts to substantially increase the number of individuals affected. We expect projects that
qualify for the Interim Consultation Framework to reduce the number of NLEBs and reduce
reproductive success.
Summary of Effects to Populations
Because we expect impacts to individuals, we assess how the potential adverse effects to
individuals affect the overall health and viability of NLEB populations. Therefore, we analyzed
effects to the representation units(RPU) (including the East Coast RPU)to better understand
whether these local effects could affect the species' resilience, redundancy, and representation.
Our analysis predicts that less than I% of all maternity colonies will be affected in each RPU.
Even if the impacts were severe enough to result in the loss of a maternity colony, the resilience,
redundancy, and representation would not be significantly affected in any RPU.
Where the species has substantially declined as a result of white-nose syndrome(WNS), the
surviving members of the population may be resilient or resistant to WNS. These surviving
populations are particularly important to the persistence of the populations. The individual
effects analysis indicates that some additional impacts will occur as a result this action. We do
not know at this time if the impacts from this action are additive to the effects of WNS; however,
even if the potential mortality from these activities is additive to the impacts from WNS,our
analysis suggests that the proportion of maternity colonies that will be affected in each RPU is
small and would not significantly affect the species' likelihood of persisting in any of these
RPUs. Reproduction, numbers, and distribution (RND)changes at the RPU level are not likely.
Based on the relatively small numbers affected annually compared to the RPU population sizes,
we do not anticipate population-level effects to the NLEB. Based on this Standing Analysis,we
conclude that adverse effects from habitat removal and other activities will not significantly
affect the species' RND at the population-level.
5

WNS is the primary factor causing the declines of NLEBs. Our analysis of the effects of
activities that may occur between March 2023 and April 2024 indicates that the additional loss of
individual NLEB resulting from these activities would not exacerbate the effects of WNS at the
scale of the RPUs within its range.
The Service determined that projects consistent with the Interim Consultation Framework are not
likely to jeopardize the continued existence of the NLEB based on the status of the species,total
effects of the potential federal actions that may be conducted under the Interim Consultation
Framework,and cumulative effects of non-federal forest management, prescribed fire,and
habitat removal expected to occur range-wide over the next year. At the project-specific level,
we need to evaluate the both the environmental baseline within the action area and cumulative
effects within the action area in order to determine if our conclusion in the Standing Analysis is
valid for this specific project. If the action area of a specific project has critical significance to
the conservation of the NLEB or the cumulative effects within the action area exceed those
contemplated by the Standing Analysis, we may need to re-visit our conclusion.
The specific effects of this project,together with the environmental baseline and cumulative
effects within the action area, are consistent with the Standing Analysis and therefore we
conclude that this project will not jeopardize the continued existence of the NLEB for the
following reasons: 1) adverse impacts all have a low likelihood of occurrence, and severe,
localized effects are not expected; 2) Iess than 1%of all maternity colonies will be affected in
each RPU. Even if the impacts were severe enough to result in the loss of a maternity colony,the
resilience,redundancy, and representation would not be significantly affected in any RPU; 3)
while impacts could occur to individuals or populations,we do not consider these impacts to
affect the survival or recovery of NLEBs in the RPUs or range-wide; and 4)WNS is the primary
factor causing the declines of NLEBs. Our analysis of the effects of activities that may occur
between March 2023 and April 2024 indicates that the additional loss of individual NLEB
resulting from this project will not exacerbate the effects of WNS at the scale of the RPUs within
its range.
VII. INCIDENTAL TAKE STATEMENT
Section 9 of the ESA and Federal regulation pursuant to section 4(d)of the ESA prohibit the take
of endangered and threatened species,respectively, without special exemption. Harm is further
defined by regulation. Under the terms of section 7(b)(4) and section 7(o)(2),taking that is
incidental to and not intended as part of the agency action is not considered to be prohibited
taking under the ESA provided that such taking is in compliance with the terms and conditions of
this Incidental Take Statement(ITS).
The measures described below are non-discretionary and must be undertaken by the Corps, as
applicable,for the exemption in section 7(o)(2)to apply. The Corps has a continuing duty to
regulate the activity covered by this ITS. If the Corps fails to assume and implement the terms
and conditions as part of the proposed action the protective coverage of section 7(o)(2) may
lapse. To monitor the impact of incidental take,the Corps must document the progress of the
action and its impact on the species as specified in the ITS. [50 CFR§402.14(i)(3)]
6

Amount or Extent of Take
This section specifies the amount or extent of take of the NLEB that the action is reasonably
certain to cause. We anticipate that take is reasonably certain to occur resulting from tree
removal and noise. For impacts from tree removal,the following ITS will use acres of habitat as
a surrogate for quantifying the amount or extent of incidental take because determining the exact
numerical limits on the amount of incidental take are not practical and cannot be feasibly used as
a trigger for determining when reinitiation would be required. In this situation, acres of habitat
impacted will serve as a reasonable and appropriate surrogate for quantifying and tracking
incidental take of the NLEB because any activities within suitable habitat where NLEB exist are
reasonably certain to directly and indirectly cause the anticipated incidental take of NLEBs
within the bounds of the identified acres of habitat.
The ESA does not require use of precise, empirical scientific data to make decisions,but instead
requires use of the best available scientific and commercial data to make determinations within
specified statutory time frames. Therefore, when lacking empirical data,the Service must make
science-based assumptions in its decision-making process. This is often the case when the
Service must complete its effects analysis,jeopardy,and adverse modification determinations,
and ITS based on data that is incomplete, and Iacks site-specific,empirical data.
For the NLEB, it is not practical to express the amount of anticipated take in terms of individuals
because there is no density or abundance estimate for the portion of the action area where take is
anticipated. As a result,predicting the precise number of individuals that will be taken is not
possible. Additionally, it is not practical to monitor take-related impacts in terms of individual
NLEBs for the following reasons: (1)the NLEB has a small body size, is drab in color,which
makes encountering dead or injured individuals unlikely; (2)NLEBs occupy summer habitats
(heavily forested)where they are difficult to locate (multiple roosts located within and outside of
the action area); (3)NLEBs spend a substantial portion of their Iifespan underground; (4) take
may occur offsite(e.g., the bat dies outside of the action area); (5) starvation or failure to
reproduce cannot be detected;and(6)losses may be masked by fluctuations in numbers
associated with WNS.
Because the location,timing, and acreage of habitat impacts can be readily identified,measured,
and monitored,this surrogate is the most reasonable means for detecting when take may be
exceeded. While working outside of the evaluated parameters(e.g., work zones, seasonal or
timing restrictions, and specified acreages) it does not automatically mean that take has been
exceeded, these events provide a clear trigger that requires the Action Agency to reinitiate
consultation,during which the Service will determine whether incidental take has been exceeded
since detection of individuals taken, as described above, is not practical.
7

The anticipated take is described in the table below.
Amount of Take
Amount of Take Anticipated
Anticipated(#of (Surrogate of Areal
Activity Time Period Individuals) Extent of Impacts)
Removal of roosting habitat Active Season NA 10 ac
Removal of roosting habitat in
areas where NLEBs occur year- December 15 -
round February 15 NA 10 ac
Effect of Take
In the accompanying BO,the Service determined that the level of anticipated take is not likely to
jeopardize the continued existence of the NLEB.
Reasonable and Prudent Measures
The USFWS considers the following reasonable and prudent measure(s)to be necessary and
appropriate to minimize the incidental take of the NLEB.
RPM 1—Conservation Measures
All conservation measures, as described in the BA Form and restated in the Conservation
Measures section of this BO,shall be fully implemented.
RPM 2—Monitoring and Reporting Requirements
Report to the Service annually about the status of the Project activities until the Project and all
terms and conditions have been implemented. Report any injured or dead NLEBs incidentally
observed to the Service.
Terms and Conditions
The Corps must comply with the terms and conditions of this statement,provided below,which
include monitoring and reporting requirements. Any taking which is subject to this ITS that is in
compliance with the following terms and conditions is not a prohibited taking under the ESA,
and no other authorization or permit under the ESA is required.
Term & Condition 1.1 (RPM 1 —Conservation Measures)
The Corps shall require and include full implementation and adherence to the conservation
measures identified in the BA Form as a condition of any permit or contract issued for the
Project.
8

Term & Condition 1.2 (RPM 1—Conservation Measures)
If any conservation measures cannot be implemented or require modification,the Corps will
contact the Service for further discussion before proceeding.
Term & Condition 2.1 (RPM 2—Monitoring and Reporting Requirements)
The Corps will notify contractors and construction staff of conservation measures and ensure
compliance with these measures.
Term & Condition 2.3 (RPM 2—Monitoring and Reporting Requirements)
The Corps will make all reasonable efforts to educate personnel to report any sick, injured,
and/or dead bats (regardless of species) located in the project action area during construction,
operations,maintenance,or monitoring activities immediately to the Raleigh Ecological Services
Field Office(kathryn matthews(@fws.gov). When injured or dead bats are found,the Corps shall
follow the steps outlined in condition 2.5 below.
Term & Condition 2.4 (RPM 2—Monitoring and Reporting Requirements)
Injured listed species must be cared for by a licensed veterinarian or other qualified persons.
Dead individuals must be sealed in a resealable plastic bag containing a paper with the date and
time when the animal was found,the location where it was found, and the name of the person
who found it, and the bag containing the specimen frozen in a freezer located in a secure site,
until instructions are received from the Service regarding the disposition of the dead specimen.
Term & Condition 2.5 (RPM 2—Monitoring and Reporting Requirements)
To monitor the impacts of incidental take, the Corps must report the progress of the action and its
impact on the NLEB as specified below. The Corps will report the progress and impacts for each
activity no later than May 1,2024. To report on the extent and nature of incidental take each
year,the Corps will provide the Service with the following information, or alternative
information that the Corps and the Service agree is appropriate.
• The completion status of the project
• The conservation measures that were applied
VIII. REINTIATION NOTICE
This concludes formal consultation on the proposed Corps project. As provided in 50 CFR
402.16,reinitiation of formal consultation is required where discretionary Federal agency
involvement or control over the action has been retained (or is authorized by law)and if. 1)the
amount or extent of incidental take is exceeded; 2)new information reveals effects of the action
agency that may affect listed species or critical habitat in a manner or to an extent not considered
in this opinion; 3) the action is subsequently modified in a manner that causes an effect to listed
or critical habitat not considered in this opinion; or 4)a new species is listed or critical habitat
designated that may be affected by the action. In instances where the amount or extent of
incidental take is exceeded,any operations causing such take must cease pending reinitiation.
9

The Standing Analysis and Interim Consultation Framework only consider and address the
effects of covered actions that are expected to occur from March 2023 until April 1,2024. In
other words, the Standing Analysis and interim Consultation Framework do not consider any
effects(i.e., incidental take)of the covered actions that may occur after April 1, 2024. Therefore,
after April 1,2024,any action agency that was issued an individual BO that relied on this
Standing Analysis and Interim Consultation Framework will need to reinitiate consultation if its
continuing,discretionary action is expected to affect the NLEB (i.e., cause incidental take). If the
action agency fails to reinitiate consultation on or before April 1,2024, its individual BO will no
longer be based on the best available information,which means the action agency's section 7
compliance and incidental take exemptions provided by section 7(o)(2)may lapse.
CONSERVATION RECOMMENDATIONS
Section 7(a)(1)of the ESA [16 USC 1536(a)(1)] directs Federal agencies to utilize their
authorities to further the purposes of the ESA by carrying out conservation programs for the
benefit of endangered and threatened species. Conservation recommendations are discretionary
agency activities to minimize or avoid adverse effects of a proposed action on listed species or
critical habitat,to help implement recovery plans, or to develop information.
The Service has identified the following actions that, if undertaken by the Corps,would further
the conservation of the NLEB:
a. Assist with White Nose Syndrome(WNS) research and investigations. For example,provide
funding for WNS research activities, allow staff to participate in research activities,or monitor
the health and status of bat colonies on Corps lands.
b. Manage Corps lands in a manner that is compatible with bat conservation.
c. Permanently protect bat habitat through fee-simple land donations to conservation entities, the
establishment of conservation banks and other mechanisms.
for Pete Benjamin
Field Supervisor
10

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i.
Roy COOPER
Governor � t
ELIZABETH S.BISFR •
Serrerary
RICHARD E.ROGERS,X NORTH CAROLINA
Olrecror Fnvfr umnralQuality
January 27,2023
DWR#20220241
Jones County
Martin Marietta
Attn:Mr. Ronald Kopplin
2235 Gateway Access Point
Raleigh NC 27607
Delivered via email to: Ronold KonulinLOmortinmorietto.com
Subject: Approval of Individual 401 Water Quality Certification
Belgrade Quarry Expansion
USACE Action ID. No.SAW-2019-00233
Dear Mr.Kopplin:
Attached hereto is a copy of Certification No.WQCD05584 issued to Mr. Ronald Kopplin and Martin
Marietta,dated January 27,2023. 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 thuse 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 Qual ity 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 Qual ity 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.
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Individual Certification#WQC005584
Page 2 of 14
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 40A 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 Washington 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 Washington 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.5.143-215.5j.
This Certification can be contested as provided in Chapter 150E 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
150E 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
httR:J/www ncoah.com or by calling the OAH Clerk's Office at(919)431-3000.
A party filing a Petition must serve a copy of the Petition on.
William F. Lane,General Counsel
Department of Environmental Quality
16DI Mail Service Center
Raleigh,NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.51508-23(a).
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 [e-mail] if you have any
questions or concerns.
Sincerely,
Eoaalebn.d er.
VALP.
A33CrZn=05M
Katie Merritt,Acting Supervisor
401&Buffer Permitting Branch
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DWR#20220241
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Page 3 of 14
Electronic cc: Thomas Brown,Martin Marietta
Emily Thompson, USACE Washington Regulatory Feld Office
Todd Bowers,EPA
DWR WaRO
DWR 401&Buffer Permitting Branch Electronic file
Filename:20220241 Belgrade Quarry Exp Jones 401 IC.docx
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DWR#20220241
Individual Certification#WQC005584
Page 4 of 14
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION#WQC005584 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,to Mr.Ronald Kopplin and Martin Marietta,who have authorization for the
impacts listed below,as described within your application received by the N.C.Division of Water
Resources(Division)on February 11,2022 and subsequent Information on February 24,2022,May 13,
2022,June 13,2022,July 16,2022,August 16,2022,August 31,2022,November 11,2022,December 8,
2022,January 23,2023„January 25,2023,and January 26,2023,and by Public Notice issued by the U.S.
Army Corps of Engineers on February 24,2022,
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(units) Amount Approved(units)
Permanent Temporary
Perennial Stream
Overburden Rd 106(linearfeet) 0(linear feet)
Intermittent Stream
Northern Pit Expansion 793(linear feet) 0(linear feet)
stream relocation
404/401 Riparian Wetlands
Haul Rd 0.45(acres) 0(acres)
Haul Rd 0.18(acres) 0(acres)
Overburden Rd 0-90(acres) 0(acres)
Bender Pit 7.43(acres) 0(acres)
Total 8.96{acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION[15A NCAC 02H.0507(c)]:
1. Mitigation must be provided for the proposed impacts as specified in the table below.
Compensatory Mitigation River and Sub-basin
Required Number
Riparian Wetland B.96(acres) White Oak
03020301
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DWR#20220241
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Page 5 of 14
The Division has received an acceptance letter from the Batchelors Delight Mitigation Bank to
partially meet this mitigation requirement. Until the Batchelors Delight Mitigation Bank receives
and dears 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 Batchelors Delight Mitigation Bank to meet the following
partial compensatory mitigation requirement.
Compensatory Mitigation River and Sub-basin
Required Number
Riparian Wetland 8.08(acres) White Oak
03020301
You have our approval for your proposed wetland preservation mitigation plan to complete the
required mitigation amount listed above. The wetland preservation site 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 priorto conducting any impacts authorized in this
Certification.
Compensatory Mitigation River and Sub-basin
Required Number
Riparian Wetland 94.89(acres) White Oak
Preservation 03020301
Citation: 15A NCA C 02H.0506(c),15A NC4C 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards(including designated uses,numeric criteria, narrative
criteria and the state's ant/degrodation policy), the project must provide for replacement of existing
uses through compensatory mitigation.
2_ 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: 15ANC4CO2H.0506(b);15A NCACO2H.0507(c)
Just cation:Surface water quality standards require that conditions of waters be suitable far all best
uses provided for in state rule(including,at minimum:aquatic life propagation,survival,and
maintenance of biological integrity;wildlife;secondary contacr recreation,agriculture);and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
Citation: 15A NCAC01H.0506(b)(1)and 12)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected in determining that the proposed activity will
comply with state water quality standards(including designated uses,numeric criteria,narrative
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DoctiSign Envelope ID:SDI 82BCC-3CC1-4CC0-B7EA-97D3F56EIE62 Martin Marietta
DWR#20220241
Individual Certification#WQC005564
Page 6 of 14
criteria and the state's antidegrodation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative Impacts:
3. Groundwater levels within adjacent wetlands shall be continuously monitored in as proposed in the
Wetland Monitoring Plan dated and provided to the Division on January 25,2023. The Permittee
shall provide a minimum of 1 year of baseline monitoring to represent groundwater elevations
across the site prior to the commencement of development of the Bender Pit Expansion Area.
Annual reports of monitoring results shall be submitted to the Washington Regional Office on June 1
of each year. if monitoring shows-ndirect impacts to the adjacent wetlands then the Permittee shall
provide an request to modify this Certification to account for anyfunctional wetland lasses.
Citation: 15A NCAC 02H.0506,15A NCAC 02H.0507(c)
Justification:Surface water quality standards require that conditions of waters be suitable for all best
uses provided for In state rule(including,at minimum.aquatic life propagation,survival,and
maintenance of biological integrity;wildlife;secondary contact recreation;agriculture);and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
4. The stream relocation around the Northern Pit Expansion area shall be constructed to ensure that
the stream channel will be substantially similar in width and water depth as the existing channel.
The channel shall be constructed such that the tie-n with the natural channel at each end shall
ensure that upstream and downstream stream beds and stream hanks are protected from erosion.
The permittee shall provide on-site supervision of the relocation work by an appropriately trained
individual. Visual monitoring of the relocated channel tie-in locations shall be conducted at a
minimum of quarterly for the first year or two bankfull events(whichever is longer?,to confirm the
site remains stable.
Citation: 15A NCAC 02H.0506(b)(1)and(2)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. in determining that the proposed activity will
comply with state water quality standards(including designated uses,numeric criteria, narrative
criteria and the state's antidegrodation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
5. The permittee shall report to the DWR Washington 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 NUC 02H.0507(c)
Justification:Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any
best use an a short-term or long-term basis.
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DWR#20220241
Individual Certification#WQC005584
Page 7 of 14
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: ISA NCAC 02H.0506;ISA NCAC 02H.0507(c)
Justification:Surface water quality standards require that conditions of waters be sultable for all best
uses provided far In state rule(including, at minimum:aquatic life propagation,survival,and
maintenance of biological integrity;wildlife;secondary contacr recreation,agriculture);and that
activities must not cause water pollution that precludes any best use an a short-term or long-term
basis.
7. When applicable, 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). Regardless of
applicability of the Sediment and Pollution Control Act,all projects shall incorporate appropriate
Best Management Practices for the control of sediment and erosion so that no violations of state
water quality standards,statutes,or rules occur.
Design,installation,operation,and maintenance of all sediment and erosion control measures shall
be equal to or exceed the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual,or for linear transportation projects,the North Caroline
Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil)sites,
including contractor-awned or leased borrow pits associated with the project.Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
For borrow pit sites,the erosion and sediment control measures shall be designed,Installed,
operated,and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual. Reclamation measures and Implementation shall comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of
1971.
If the project occurs In waters or watersheds classified as Primary Nursery Areas(PNAs),5A,WS-I,
W54I,High Quality Waters(HQW),or Outstanding Resource Waters(ORIN),then the sedimentation
and erosion control designs shall comply with the requirements set forth in 15A NCAC 040.0124,
Design Standards In Sensitive Watersheds.
Citation: 15A NCACO2H.OS06(b);15A NG4Ca2H.0507(c);15A NCACO2B.0200;15A NG4CO2B
.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses,are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils,
deleterious substances,or colored or other wastes:only such amounts as shall not render the waters
injurious to public health,secondary recreation,or to aquatic life and wildlife,or adversely affect the
palatability offish,aesthetic quality, or impair the waters for any designated uses;and(21)turbidity
In the receiving water shall not exceed 50 Nephelametric Turbidity Units(NTU)in streams not
designated as trout waters and 10 NTU in streams,lakes,or reservoirs designated as trout waters;
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Page 8 of 14
for lakes and reservoirs not designated as trout waters,the turbidity shall not exceed 25 NTU;if
turbidity exceeds these levels due to natural background conditions, the existing turbidity ievelshall
not be increased. As cited in Wetland Standards:(c)(1)Liquids,fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses;and(3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
8. 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 DEMLA 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);ISA NCAC 028.0200;ISA NC4C 02B
.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses,are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards.(12)Oils,
deleterious substances, or colored or other wastes:only such amounts as shay not render the waters
Injurious to public health,secondary recreation,or to aquatic life and wildlife,or adversely affect the
palatability offish,aesthetic quality, or impair the waters for any designated uses;and(21)turbidity
in the receiving watersholl not exceed 50 Nephelametric Turbidity Units(NTU)in streams not
designated as trout waters and 10 NTU in streams,lakes,or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU,if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be Increased. As cited in Wetland Standards:(c)(1)Liquids,fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts an existing wetland uses;and(3)
Materials producing color or odor shall not be present In amounts that may cause adverse impacts
on existing wetland uses
9. 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 NG4C 02H-0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses(including
aquatic life propagation and biological integrity),and the water quality to protect such uses,are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards,or would result in secondary or cumulative
impacts.
10. If the project is covered by NPDES Construction Stormwater Permit Number NCG0100D0 or NPDES
Construction 5tormwater Permit Number NCG250000,full compliance with permit conditions
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DocuSign Envelope IC:B0182BCC-3CCi-4CM87EA-8703F58E1E62 Martin Marietta
DWit#20220241
Individual Certification#WQC005584
Page 9 of 14
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 NUC 02H.0507(c);ISA NG4 C 02B.0200;15A NC4C 02B
.0231
Justification:A project that affects waters shall nat be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils,
deleterious substances,or colored or other wastes:only such amounts as shall not render the waters
Injurious to public health,secondary recreation,or to aquatic life and wildlife, or adversely affect the
palatability of fish,aesthetic quality, or impair the waters for any designated uses;and(21)turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in streams not
designated as trout waters and 10 NTU in streams,lakes,or reservoirs designated as trout waters,
for lakes and reservoirs not designated as trout waters,the turbidity shall not exceed 25 NTU;if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be Increased. As cited in Wetland Standards:(c)f1)Liquids,fill or other solids,or dissolved gases
shall not be present in amounts that may cause adverse impacts an existing wetland uses;and(3)
Materials producing color or odor shall not be present In amounts that may cause adverse impacts
on existing wetland uses.
11. 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 NC4 C 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 02B.0200
Justification:Surface water quality standards require that conditions of waters be suitable for all best
uses provided far in state rule,and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards:(12)Oils,deleterious
substances, or colored or other wastes:only such amounts as shall not render the waters Injurious to
public health,secondary recreation,or to aquatic fife and wildlife,or adversely affect the palatability
offish,aesthetic quality,or impair the waters for any designated uses;and(21)turbidity In the
receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in streams not designated
as trout waters and 10 NTU In streams, lakes, or reservoirs designated as trout waters;far takes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU;If turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be Increased.
12. 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 mannerthat allow for continued
aquatic life movement.
Citation: ISA NCAC 02H.0506(b);15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for In state rule, and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis. Ensuring that In-stream structures ore installed
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Individual Certification#WQC005584
Page 10 of 14
properly will ensure that surface water quality standards are met and conditions of waters are
suitable for all best uses.
13. 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
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 25%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 rlp-rap or other bank hardening methods.
Citation: 15A NC4C 02H.050b(b),15A NC4C 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis. Ensuring that structures are installed properly in
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Page 11 of 14
waters will ensure that surface water quality standards are met and conditions of waters are
suitable for all best uses.
14. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be
directed across the bridge and pre-treated through site-appropriate means to the maximum extent
practicable(e.g.grassed swales, pre-formed scour holes,vegetated buffers,etc.)before entering
streams or wetlands.
Citation: 15A NG4C 02H.0506(b);15A NCAC 02H.0507(c)
Justification: Sudbce water quality standards require that conditions of waters be suitable for all
best uses provided for In state rule and that activities must not cause waterpollution that precludes
any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed
properly will ensure that surface water quality standards are met and conditions of waters are
suitable for all best uses.
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: ISA 02H.0506(b);ISA NCAC O2H.0507(c);15A NG4C O2B.0200;15A NG4C 028.0231
Justification:A project that affects waters shall not be permitted unless the existing uses,and the
water quality to protectsuch uses,are protected. Activities must not cause water pollution that
precludes any best use an a short-term or long-term basis.As cited In Stream Standards:(12)Oils,
deleterious substances, or colored or other wastes:only such amounts as shall not render the waters
injurious to public health,secondary recreation, or to aquatic life and wildlife,or adversely affect the
palatability offish,aesthetic quality,or impair the waters for any designated uses. As cited in
Wetland Standards:(c)(1)Liquids,fill orothersollds, or dissolved gases shall not be present in
amounts that may cause adverse Impacts on existing wetland uses;and(3)Materials producing
color or odor shall not be present in amounts that may cause adverse Impacts on existing wetland
uses.
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 NG4C 02H.0507(c);15A NG4C 028,0200;15A NCAC 02B.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to prated such uses,are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis As cited in Stream Standards:(12)Oils,
deleterious substances, or colored or other wastes:only such amounts as shaft not render the waters
Injurious to public health,secondary recreation, or to aquatic life and wildlife,or adversely affect the
palatability offish,aesthetic quality,or impair the waters for any designated uses.As cited in
Wetland Standards:(c)(1)Liquids,fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse Impacts an existing wetland uses;and(3)Materials producing
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Page 12 of 14
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
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
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);]SA NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses,and the
water quality to protect such uses, are protected. Protections are necessary to ensure any remaining
surface waters or wetlands, and any surface waters or wetlands downstream,continue to support
existing uses after project completion.
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)
Justification:Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters
will ensure that surface water quality standards are met and conditions of waters are suitable for all
best uses.
19. Any rip-rap required for proper culvert placement,stream stabilization,or restoration of temporarily
disturbed areas shall be restricted to the area dirPrtly impacted by the apprnved cnnstrurtion
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);TSA NCAC 01H.0507(c)
Justification:Surface water quality standards require that conditions of waters be suitable for all best
uses provided far in state rule,and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters,would cause or contribute to a violation of standards,or would
result in secondary or cumulative impacts.
20. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave,current action,or 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
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Page 13 of 14
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures.
Citation: 15A NCAC 02H.0506(b);ISA NCAC 02H.0507(c);15A NCA C 02B.0201
lustlfication:Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule,and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
21. All mechanized equipment operated near surface waters small 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
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils,
deleterious substances,or colored or other wastes:only such amounts as shall not render the waters
Injurious to public health,secondary recreation,or to aquatic life and wildlife,or adversely affect the
palatability offish,aesthetic quality, or impair the waters for any designated uses.As cited in
Wetland Standards;(c)(1)Liquids,fiil or other solids,or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses;and(3)Materials producing
color or odor shall not be present in amounts that may cause adverse Impacts on existing wetland
uses.
22. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation. 15A NCAC 02H.0506(b),15A NCAC 02H.0507(c);15A NCAC 02B.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical characteristics
are protected;populations of wetland flora and fauna are maintained to protect biological integrity
of the wetland;and materials or substances are not present in amounts that may cause adverse
Impact an existing wetland uses.
23. 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)
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Page 14 of 14
Justification:Person(s)owning or having control over ail or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees,of the nature,
location,and time of the discharge and of the measures which are being taken or are proposed to be
taken to contain and remove the discharge. This action is required in order to contain or divert the
substances to prevent entry into the surface waters.Surface water quality standards require that
conditions of waters be suitable for all best uses provided for in state rule(including,at minimum:
aquatic life propagation,survival,and maintenance of biological integrity;wildlife,secondary
contact recreation,agriculture);and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis.
24. 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)
Justification:Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use an a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
25. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this certification 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)
Justfcation:Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
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 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 271'day of January 2023
CDocU54pWbr.
`1t
�asci2MBUUH
Katie Merritt,Acting Supervisor
401&Buffer Permitting Branch
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