20240122_ADI_Reply

/A Martin Brian K.North,PE
Marietta Vice President, Environmental and Land Services
RECEIVED
JAN 2 2 2024
January 11, 2024
VIA EMAIL
Mr.Adam Parr, State Mining Engineer
Land Quality Section
NC DEQ Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, NC 27699
SUBJECT: Martin Marietta Materials, Inc.—Garner Quarry
Mining Permit No.92-01
Response to November 22, 2023, Request for Additional Information
Dear Mr. Parr:
Please reference the request for additional information from your office, dated November 22, 2023.
Below you will find Martin Marietta's (MMM) responses to this request with the requested items
underlined.
1. Provide coordinates for multiple points alone the permit boundary at corners and otherwise as
sufficient to accurately delineate in a GIS environment.
The attached GIS map indicates various coordinates at several locations around the permit
perimeter. Please note that the coordinates shown are approximate in nature and taken from
publicly available GIS information and are NOT actual survey information.
2. Please provide maintenance details for all Erosion and Sediment Control (E&SC) measures.
Maintenance details for Erosion and Sediment Control Measures include:
a. Sediment Traps and Basins
L Inspect sediment traps and basins in accordance with NCG020000
requirements.
1. Fix any observed deficiencies in a timely manner.
2. Remove any observed trash or debris in a timely manner.
ii. Remove sediment and restore the basin to the original constructed dimensions
when accumulated sediment reaches%of its design storage depth.
East Division Office
2235 Gateway Access Point,Suite 400,Raleigh,NC 27607
t.[phone] e.brian.north(1u martinmarietta.com
www.martinmarietta.com

Adam Parr
NC DEQ Division of Energy, Mineral,and Land Resources
January 11,2024
Page 2
iii. Replace any filter stone impaired by sediment or as needed to ensure that the
bason functions as intended.
iv. Properly transport/dispose of accumulated sediment,similar to methods used
to remove overburden or typical grading projects. Placement of accumulated
material will occur in approved overburden storage locations,as shown on the
mine map.
b. Ditches
i. Inspect in accordance with NCG020000 requirements.
1. Remove any flow obstructions observed.
2. Repair diversions as needed to ensure that they are functioning as
intended.
3. Make timely repairs to outlets as needed.
3.The features in the future pit area were evaluated for buffered stream features as part of DWR#23-
287(provided in submittal packet)and no mapped features were found to be buffered. However,
features were only evaluated for NC riparian buffer aaRplicability and not for 404/401 permitting. Please
provide proof of correspondence with USACE that no jurisdictional features will be impacted by the new
area without proper permits from USACE/DWR/Local Programs.
The requested correspondence with USACE is not required at this time. The 2023
Appropriations Act(Session Law 2023-134, House Bill 259, link below)states that DEQ cannot
refuse to issue a mine permit amendment that complies with the applicable requirements based
on the need for a permit from a different agency,such as USACE. Thus, DEQ is required to issue
the requested mine permit amendment,subject to MM addressing DEQ's comments 1 and 2,
and make the activities authorized therein subject to compliance with applicable laws and
regulations,including CWA 404/401.
If the CWA is determined to be applicable, MM will have to confer with USACE regarding the
necessary authorization. If a 404 permit is required,MM also must obtain a 401 certification
from DWR. MM recognizes that other permits obtained in the future,such as a 404 permit,if
required,could limit the activities proposed in the pending application,or require MM to
request a further amendment of the permit. But MM nevertheless has the right to receive its
mine permit amendment at this time.
Please note that this communication is not intended to be confrontational. In an effort to
illustrate our sincerity,we offer the following additional information regarding our existing
operation and the relevance of our pending amendment.
We need to begin timbering activities in the area depicted as"Future Pit." DEQ's issuance of the
pending mine permit amendment will authorize us to do so. MM will nevertheless remain
subject to all applicable laws and regulations,including,for example..CWA section 404. MM
understands this and welcomes I)Ws inclusion of a permit condition expressly requiring the
same. Pursuant to the 2023 Appropriations Act,however, MM has the right to receive its
permit from DEQ.

Adam Parr
NC DEQ Division of Energy, Mineral, and Land Resources
January 11, 2024
Page 3
Each individual agency is responsible for reviewing an application for compliance with the
regulatory regime it is tasked with enforcing. There is nothing in the Mining Act of 1971 or its
implementing regulations that requires DEQ to withhold the pending amendment subject to
MM's consultation with USACE. The 2023 Act makes clear that DEQ cannot withhold a mine
permit subject to the issuance of a 404 permit from USACE (again,assuming one is required),
just as USACE cannot withhold a 404 permit subject to DEQ's issuance of a mine permit.
https://www.ncleg.gov/Sessions/2023/Bills/House/PDF/H259v7.pdf[see SECTION 12.10.(a):
"Article 7 of Chapter 143B of the General Statutes is amended by adding a new section to read:
'§ 143B-279.18. Right to apply and obtain permits. Except to the extent required by federal or
State law,the Department of Environmental Quality shall not refuse to accept an application for
a permit,authorization,or certification or refuse to issue any permit,authorization, or
certificate based solely on the failure of an applicant to obtain another permit, authorization,or
certification required for the same project. For purposes of this section,failure to obtain a
permit,authorization,or certification shall not include denial of the permit,authorization,or
certification by the Department based on the standards for approval of the permit,
authorization,or certification provided by law.."']
Martin Marietta thanks you for your assistance with this project and for the opportunity to respond to
these comments. Please contact me with any questions.
Sincerely,
A
Brian K. North, PE
Attachments via Email:
Exhibit A:Approximate Mine Permit Area Map with GIS Coordinates

35.71457, -78.58329 35.71455, -78.58062
35.70902, -78.56425
Garner Quarry
35.70264, -78.56252
35.69999, -78.56794
Martin N
Marietta 1,000 500 0 1,000 Feet
Martin Marietta Garner Quarry
Approximate Mine Permit Area Legend
Coordinates are Approximate
Not ASurvey Approximate Mine Permit Area
By:TLB 1-5-2024