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Home My WebLink AboutNCG020735_MONITORING INFO_20190222STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V U& Oa U-7 3-5 DOC TYPE. ❑HISTORICAL FILE 64 MONITORING REPORTS DOC DATE ❑ � 0� � ��` � a YYYYMMDD STORMWATER DIVISION CODING SHEET PERMIT NO. N�Qao35y DOC TYPE ❑FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ �Q YYYYMMDD E ANNUAL SUMMARY DISCHARGE MONITORING REPORT (DMR) - WASTEWATER SUBMIT TO CENTRAL OFFICE* General Permit No. NCG020000 Calendar Year 2018 *Report ALL WASTEWATER monitoring data on this form (include "No FloW'/"No Discharge" and Limit Violations) from the previous calendar year to the DEQ by MARCH 1 of each year. Certificate of Coverage No. NCG020735 Facility Name: Martin Marietta Materials, Inc. - Selma Quarry County: Johnston Phone Number (919) 783-4505 Total no, of outfalls monitored 1 Certified Laboratory Pace Analytical Lab # 12 Lab # Wastewater (WW) Discharge Outfall No. 001 Is this an industrial sand mine (See 40 CFR §436 Subpart D)? Yes No X Does this outfall discharge WW to SA waters? Yes No X Does this outfall discharge WW to SB or PNA waters? Yes No X Does this outfall discharge WW to HOW or ORW waters? Yes No X If so, what is the 7Q10 flow rate? or Tidally influenced waters, 7Q10 not available Does this outfall discharge WW to Trout (Tr) designated water: Yes No X Were there any limit violations in the calendar year? Yes No X Faecaljx Daily Flow pH, TSS, " SS; , Discharge Upstream a' 'Downstream .. Coliform Outfall No Rate, cfs S# mgll ' mlll Turbidity,' (#) Turbidity {D) Turbidity col/11©0 `ml 001 . ::. . ; :.: ;';. ,.it applaable NTU . : '..;: NTU :' , : ,, ..: NTUrt SA Industrial HOW or ORW Freshwater 25145 Effluent 50% of 6.0-9. sA se PNa No Limit NA NA HQWorOR Limitations 7Q10 Saltwater .Z013� or any Trout Cirde Water WaterQualily Water Quality NA 6.8-8.5 HQW OR 0.110.2 Quality Standard Standards Applies Standards Applies Me, Ave 7 Qatty Max. Indicate NO FLOW or gnd Tr or PNA that applies 5►2511 (§ Napplicabla 10/15 Date Sample Collected, M- mo/ddlyr FEB ., z L !J CAP, i 1X;1,. 1=11 FP, No Discharge in 2018 L"f'Jf �LuTIO?j Permit Date 10/1/2015 - 9/30/2020 Last Revised 101212015 Certificate of Coverage No. NCG020735 CERTIFICATION "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, of those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violation." [Required by 40 CFR §122.22] Signature Date Mail Annual Summary Stormwater DMR to the NCDEQ Central Office: Note the address is correct — Central Files is housed in DWR (not DEMLR) N.C. Department of Environmental Quality (DEQ) Division of Water Resources Attn: DWR Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 Central Files Telephone (919) 807-6300 Questions? Contact DEMLR Stormwater Permitting Staff in the Central Office at: (919) 707-9220 Permit Date 1011t2015 - 9/30/2020 Last Revised 101212015 c r" r ANNUAL SUMMARY DISCHARGE MONITORING REPORT (DMR) - STORMWATER SUBMIT TO CENTRAL OFFICE* General Permit No. NCG020000 Calendar Year 2018 `Report ALL STORMWATER monitoring data on this form (include "No Flow 1'No Discharge" and Benchmark Exceedances) from the previous calendar year to the DEQ by MARCH 1 of each year. Certificate of Coverage No. NCG020735 Facility Name Martin Marietta Materials, Inc. - Selma County: Johnston Phone Number (919) 783-4505 Certified Laboratory Pace Analytical Lab # 12 Lab # Total no. of SDO's monitored 0 Stormwater Discharge Outfall (SDO) No. NIA VMA Outfall? Yes No X Is this outfall currently in Tier 2 for any parameter? Yes No X Was this outfall ever in Tier 2 during the past year? Yes No X If this outfall was in Tier 2 last year, was monthly monitoring discontinued? Yes, enough consecutive samples below benchmarks to decrease frequency Yes, received approval from DEMLR to reduce monitoring frequency No, turbidity benchmark exceedances did not require monthly monitoring Other _! tllcGl G..a O.utfall Nod 'r 3!i U...-..3!['1��-a'�' ,.:.. ��Tr�otal : E I.C."%WV YFtx'r'GN16_ Jl ainfall inches k TSS Y-`ff�:;2N"1cAY1iYLi mgll" a SS� pirTllll �.G., Turbidity, L <°, �NTU rkxx:�,z :`'U st ein (U}.-Turbidity 'PR y'F' yr i liip yy , NT,U' Ir, 9 Downstr am{t , (D} Turbidityr ,�lyy ,yNTUx{pp�3 �rqb#rtlt Y iG�['�.. YS If�C }. �_ r �. ' on'polar k -=.L•iaS4E�gl�W g Q8 G,�jYjSmgll �`1.. `.`YCIVL llrr-!�� V A New ,M piI I� D_!.@y9t � -if: Usage M�Y+'11,. [ - allmo: . Stormwater Benchmarks Indicate NO FLOW❑ a licable circle Benchmark 100 50 !l 0.1 circle Benchmark A �2511 V NA Water Quality Standard apolies NA Water Quality I Standard applies 15 >55gaumo, average requires TSSand Nor>polar 08G monaoring Date Sample Collected, molddlyr MOEN==== h'�•t�:�#1i�ii No Observed Discharge in 2018 _ FEB CS G 2019 CE VTR)\L Fll P., m Ili SECTIOP. Permit Date 1011/2015 - 9/30/2020 Lasf Revised 10/2/2015 Certificate of Coverage No. NCG020735 CERTIFICATION "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violation." [Required by 40 CFR §122.22] Signature Date Mail Annual Summary Stormwater DMR to the NCDEQ Central Office: Note the address is correct — Central Files is housed in DWR (not DEMLR) N.C. Department of Environmental Quality (DEQ) Division of Water Resources Attn: DWR Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 Central Files Telephone (919) 807-6300 Questions? Contact DEMLR Stormwater Permitting Staff in the Central Office at: (919) 707-9220 Permit Date 10/1/2015 - 9130/2020 Last Revised 10/2/2015 ANNUAL SUMMARY DISCHARGE MONITORING r REPORT (DMR) - STORMWATER SUBMIT TO CENTRAL OFFICE* General Permit No. NCG020000 Calendar Year _2016 *Report ALL STORMWATER monitoring data on this form (include "No Flow"/"No Discharge" and Benchmark Exceedances) from the previous calendar year to the DEQ by MARCH 1 of each year. Certificate of Coverage No. NCG02 0735 Facility Name: _Selma Quarry County: —Johnston Phone Number: (919)_781-4550 Certified Laboratory _Pace Analytical Services, Inc. Lab # Total no. of SDOs monitored 0 Lab # _67 Stormwater Discharge Outfall (SDO) No. VMA Outfall? Yes ❑ No Is this outfall currently in Tier 2 for any parameter? Yes ❑ No Was this outfall ever in Tier 2 during the past year? Yes ❑ No If this outfall was in Tier 2 last year, was monthly monitoring discontinued? Yes, enough consecutive samples below benchmarks to decrease frequency ❑ Yes, received approval from DEMLR to reduce monitoring frequency ❑ No, turbidity benchmark exceedances did not require monthly monitoring ❑ Other ❑ U stream' Downstream '� New s i`f 1. TINLTotal TSS ASS Turbidity, (U),Turbtdity, D pTurbiidit Non -polar Motor Oil (,) Yr Outfall No. ; r ,�, 1 a ininfall; mgll mlll�:, "NTU NTU NTU.. 08�G,'rrigll' Usage Ra dies.. ,. x°.,r. (VMA) T (gallmo.) Stormwater circle circle >55 gallmo. indicate NO Benchmark Benchmark NIA NIA average requires Benchmarks FI.Owrr 100150 0.1 50/25/10 Water Quality water Quality 15 TO&Gand moon.pniar a livable Standard applies Standard applies 08G monitorinq Date'Sample < Collected, molddlyr No discharge for 2016 JA s . ,, Permit Date 10/112015 — 9/30/2020 Last Revised 10-2-2015 Ar Certificate of Coverage No. NCG02 0735 CERTIFICATION "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." [Required by 40 CFR §122.22] Signature Date—1116/17 Mail Annual Summary Stormwater DMR to the NCDEQ Central Office: Note the address is correct — Central Files is housed in DWR (not DEMLR) N.C. Department of Environmental Quality (DEQ) Division of Water Resources Attn: DWR Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 Central Files Telephone (919) 807-6300 Questions? Contact DEMLR Stormwater Permitting Staff in the Central Office at: (919) 707-9220 Permit Date 101112015 — 9/30/2020 Last Revised 10-2-2015 ANNUAL SUMMARY DISCHARGE MONITORING REPORT (DMR) — WASTEWATER 11 SUBMIT TO CENTRAL OFFICE* II General Permit No. NCG020000 Calendar Year 2016 }Report ALL WASTEWATER monitoring data on this form (include "No Flaw"1"No Discharge" and Limit Violations) from the previous calendar year to the DEQ by MARCH 1 of each year. Certificate of Coverage No. NCG02 0735 Facility Name: _Selma Quarry County: _Johnston Phone Number: (919)_781-4550 Total no. of outfalls monitored _0 Certified Laboratory _Pace Analytical Services, Inc._ Lab # 67 Lab # Wastewater (WW) Discharge Outfall No. Is this an industrial sand mine (See 40 CFR §436 Subpart D)? Yes ❑ No Does this outfall discharge WW to SA waters? Yes ❑ No Does this outfall discharge WW to SB or PNA waters? Yes ❑ No Does this outfall discharge WW to HOW or ORW waters? Yes ❑ No If so, what is the 7Q10 flow rate? or Tidally influenced waters, 7Q10 not available ❑ Does this outfall discharge WW to Trout jr) designated waters? Yes ❑ No Were there any limit violations in the calendar year? Yes ❑ No Outfall No. Daily Flow Rate, cfs pH, SU TSS, mgll SS, mill if applicable Discharge Turbidity, NTU Upstream (U) Turbidity, NTU Downstream (D) Turbidity, NTU Fecal Coliform, co11100 ml (SA) Effluent Limitations Mo, Ave 1 Daily Max. HOW or ORW 50% of 7Q10 Indicate NO FLOW if applicable freshwater 6.0-9.0 saltwater 6.8-$,5 Industrial Sand 25145 HOW orORW 3 20130 HOW or ORW and Tr or PNA 10115 HOW, ORW, SA, SS, PNA, or anyTTrout 0.110.2 011V2 No Limit Circle Water Quality Standard that applies: 50/25/1 0 NIA Water Quality Standard applies NIA Water Quality Standard applies N/A Date Sample Collected, molddlyr No discharge for 2016 RG 'ZIVED I I� CEIN-IRML Permit Date 101112015 — 9/30/2020 Last Revised 10-2-2015 jr Certificate of Coverage No. NCG02 d735 CERTIFICATION I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." [Required by 40 CFR §122.22] Signature Date 1/16/17 Mail Annual Summary Wastewater DMR to the NCDEQ Central Office: Note the address is correct— Central Files is housed in DWR (not DEMLR) N.C. Department of Environmental Quality (DEQ) Division of Water Resources Attn: DWR Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 Central Files Telephone (919) 807-6300 Questions? Contact DEMLR Stormwater Permitting Staff in the Central Office at: (919) 707-9220 Permit Date 1011I2015 — 9/30/2020 Last Revised 10-2-2015 *Report ALL ST0RAfif1ATER ANNUAL SUMMARY DMR - STORMWA SEND TO CENTRAL OFFICE* STORMWA TER DISCHARGE OUTFALLS (SDO) GENERAL PERMIT NO. NCG020000 Data on this form (including No Flow and No Discharge and Permit Limit Violations) by MARCH ! ofeach tear. CERTIFICATE OF COVERAGE NO. NCG020735, FACILITY NAME: Selma Quarry PERSON COLLECTING SAMPLES: NIA CERTIFIED LABORATORY: PACE ANALYTICAL Lab #67 Part A: Stormwater Monitoring Renuirements SAMPLE COLLECTION YEAR: COUNTY: Johnston PHONE NO. 919-781-4550 ADD TO LISTERVE? YES ❑ NOD 15 EMAIL: Outfall No. Date Sample Collected (mo/dd/yr OR NO FLOW)' In Tier 2 Monthly Monitoring? y/n # of Months in Tier 2 Sampling2 Total Flow Total Suspended Solids (rng/1) Turbidih't (NTU) Settleable Solids (ml/1) Total Rainfall (in) Event Duration (minutes) - - - - - 1003'4 See Footnote3'' 0.1 3 No discharge for 2015 N Site is not in operation This is a greenfield site Legend: ND = Not detectable. N/A = Not applicable R &R-SECTION 'If "NO FLOW" or "NO DISCHARGE," enter "NO FLOW" or "NO DISCIIARGE" for each outfall here and the Date Range. 2Per NCG02: Tier 2 Monthly Sampling shall be done until 3 consecutive samples are below the benchmark or within the benchmark range. 3If a value is in excess of the benchmark, or outside the benchmark range (for pF1), you must implement the Teir I or Tier 2 responses in the General Permit. 4TSS benchmark values are 100 mgA except in ORW- H WQ, trout, and PNA waters where they are 50 mg/l. 5The discharge shall not cause an instantaneous measurement of the turbidity of the receiving water to exceed: 10 NTU for freshwater streams, lakes, and reservoir designated as trout waters; 25 NTU for all lakes and reservois, and all salt water, 50 NTU for all other streams and surface waters. Turbidity may be monitored at the SDO Alternatively, the permittee may choose to monitor turbidity in the receiving water, directly upstream and downstream ofthe SDO. Permit Date: 1/1/2010-12/31/2Q14 Last Revised 0 1 -21 -11 Page 1 of 2 Pan A: Vehicle Maintenance Activity Monitoring Requirements for facilities using>» gal of new motor oil/month on average Outfall No. Date Sample Collected (moldd/yr OR -NOFLOW)t In Tier 2 Monthly Monitoring? --- -(y1n)--- # of Months in Tier 2 -Samplingz New Motor Oil Usage (gal/month) Total Flow (SIG) TPH using method 1664A SGT-HEM (mg/l)---- Total Suspended Solids --- (mg/1) PIT (Standard -Units)—_--(in) Total Rainfall ---(minutes) 1, vent Duration 15 3 100 3 6-9 3 No discharge for 2015 N NIA Site is not in operation This is a gTeenfield site Legend: ND = Not detectable, NIA = Not applicable HAS YOUR FACILITY HAD d OR MORE BENCHMARK E\CEEDENCES AT ANY ONF, OUTFALL (INCLUDING VEHICLE MAINTENANCE)? YES ❑ NO El IIAVE YOU CONTACTED TIIE REGION? YES ❑ NO F] WHO AT THE REGION HAVE VOU SPOKEN 1VITH? MAIL ORIGINAL AND ONE COPY OF THIS ANNUAL SUMMARY (INCLUDING ALL "NO FLOW". "NO DISCHARGE" & LIMIT VIOLATIONS) BY MARCH 1 OF EACH YEAR TO: Division of Water Quality Attn: DWQ Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919)807-6300 YOU MUST SIGN THIS CERTIFICATION FOR ANY INFORMA TION REPORTED: "I certify', under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information sumbitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisionment for knowing violations," (Signature of Permittee) Permit Date: 1/1/2010-12131/2014 (Date) 2/3/16 Last Revised 01-21-11 Page 2of2 ANNUAL SUMMARY DMR - WASTEWATER SEND TO CENTRAL OFFICE PROCESS MINE/DEWATERING WASTEWATER GENERAL PERMIT NO. NCG020000 yReport All Wastewater discharge monitoring data on this form (including No Flow and No Discharge and Permit Limit Violations) by MARCH 1 of each year. If ou have limit violations, you must also have turned in a Limit Violation DMR to your local Regional Office within 30 days of receiving sample results from a lab. CERTIFICATE OF COVERAGE NO. NCG020735 SAMPLE COLLECTION YEAR: 2015 FACILITY NAME: Selma Quarry COUNTY: Johnston PERSON COLLECTING SAMPLES: PHONE NO. 919-781-4550 CERTIFIED LABORATORY: PACE ANALYTICAL Lab 967 ADD TO LISTERVE? YES NO EMAIL: LIMITS VIOLATIONS? YES Q. INDUSTRIAL SAND'? 04- DISCHARGE TO SA WATERS? ivo Part A: Wastewater Monitorinu Reouirements Outfall No. Date Sample Collected' Total Flow Total Suspended Solids' Turbidity, Settleable Solids pH Fecal Coliforms - mm/dd/yr MG mg/I1.2 NTU2.3 ml/12 Standard col/m124 No discharge for 2015 Site is not in operation This is a greenfield site ig0i l ! * �w r—• — DWR SECTI4 'All mines must monitor WW discharges for TSS. Only industrial sand mine discharges are subject to TSS limns. 2If an effluent limit is exceeded, the permittee is required to institute monthly monitoring for that parameter for the remaining permit term. 3The discharge shall not cause an instantaneous measurement of the turbidity of the receiving water to exceed: 10 NTU for freshwater streams, lakes, and reservoirs designated as trout waters; 23 NTU for all lakes and reservoirs, and all salt waters; 50 NTU for all other streams and surface waters. Turbidity may be monitored at the Stormwater Discharge Outfall. Alternatively, the permittee may choose to monitor turbidity in the receiveing water, directly upstream and downstream of the discharge, °Only facilities discharging to SA waters are required to monitor for Fecal coli forms. Permit Date: I/l/2010-12131/2014 Last Revised 01-21-11 Page 1 of 2 Part A. Continued: Wastewater Monitoring Requirements Outfall No. Date Sample Collected' Total Flow Total Suspended Solids` Turbidity Settleable Solids pH Fecal Coliforms mm/dd/ r MG mg/1 1,2 NTU2,3 ml/I2 Standard2 col/rne,4 MAIL ORIGINAL AND ONE COPY OF THIS ANNUAL SUMMARY (INCLUDING ALL "NO FLOW", "NO DISCHARGE" & LIMIT VIOLATIONS) BY MARCH I OF EACH YEAR TO: Division of Water Quality Attn: DWQ Central Files 1617 Mail Service Center Raleigh, North Carolina 27699- 1617 (919) 807-6379 YOU MUST SIGN THIS CERTIFICATION FOR ANY INFORMATION REPORTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information sumbitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisionment for knowing violations." (Signature of Permittee) Permit Date: 1/112010-12/31/2014 (Date) 2/3/ 16 Last Revised 01-21-11 Page 2 of 2 II ANNUAL SUMMARY DMR - STORMWATER II SEND TO CENTRAL OFFICE' STORMWATER DISCHARGE OUTFALLS (SDO) GENERAL PERMIT NO. NCG020000 *Report ALL STORMWATER Monitoring Data on this form (including No Flow and No ,Discharge and Permit Limit Viotations) by MARCH I ofeach year. CERTIFICATE OF COVERAGE NO. NCG020735 SAMPLE COLLECTION YEAR: 2015 FACILITY NAME: Selma Quarry COUNTY: Johnston PERSON COLLECTING SAMPLES: NIA PHONE NO. 919-781-4550 CERTIFIED LABORATORY: PACE ANALYTICAL Lab #67 ADD TO LISTERVE? YES ❑ NOD EMAIL: Part A: Stormwater Monitoring Requirements Outfall No. Date Sample Collected (mo/dd/yr OR NO FLOW)' In Tier 2 Monthly Monitoring? /n # of Months in Tier 2 Sampling Total Flow_ MG) Total Suspended Solids (mgli) Turbidity (NTU) i Settleable Solids (ml/1) Total Rainfall (in) ) Event Duration (minutes) - - - - - 1003,4 See Footnote3,4 0.1 3 No discharge for 2015 N NIA Site is not in operation This is a greenfield site Legend: ND = Not detectable, ]VIA = Not applicable v `If "NO FLOW" or "NO DISCHARGE," enter "NO FLOW" or "NO DISCHARGE" for each outfall DO-,c ,`lY'3t IiReRange. 2Per NCG02: Tier 2 Monthly Sampling shall be done until 3 consecutive samples are below the beneor within the benchmark range. 31fa value is in excess of the benchmark, or outside the benchmark range (for pH), you must implement the Teir 1 or Tier 2 responses in the General Permit_ 4TSS benchmark values are 100 mg/1 except in ORW, HWQ, trout, and PNA waters where they are 50 mg/L 5The discharge shall not cause an instantaneous measurement of the turbidity of the receiving water to exceed. 10 NTU for freshwater streams, lakes, and reservois designated as trout waters; 25 NTU for all lakes and reservois, and all salt water; 50 NTU for all other streams and surface waters. Turbidity may be monitored at the SDO Alternatively, the permittee may choose to monitor turbidity in the receiving water, directly upstream and downstream of the SDO. Permit Date: 1/1/20€0-12/31/2014 Last Revised 01-21-11 Page 1 of 2 Part A: Vehicle Maintenance Activity Monitoring Requirements for facilities using > 55 gal of new motor oil month on average Outfall No. Date Sample Collected (mo/dd/yr OR NO FLOW)' In Tier 2 Monthly Monitoring? (y/11) # of Months in Tier 2 Sampling2 New Motor Oil Usage (gal/month) Total Flow (MG) TPH using method 1664ASGT--HEM (mg11) 'Total Suspended Solids (mgll) pH (Standard Units} Total Rainfall (in) Event Duration (minutes) - - 15, 1003 6-93 No discharge for 2015 N NIA Site is not in operation This is a greenfield site Legend: ND = Not detectable, NIA = Not applicable HAS YOUR FACILITY HAD 4 OR MORE BENCHMAIUK EXCEEDENCES AT ANY ONE OUTFALL (INCLUDING VEHICLE MAINTE!'ANCE)? YES p NO p HAVE YOU CONTACTED THE REGION? YES ❑ -NO M WI10 AT THE REGION HAVE YOU SPOKEN WITH? MAIL ORIGINAL AND ONE COPY OF THIS ANNUAL SUMMARY (INCLUDING ALL "NO FLOW", "NO DISCHARGE" & LIMIT VIOLATIONS BY MARCH I OF EACH YEAR TO: Division of Water Quality Attn: DWQ Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 807-6300 YOU MUST SIGN THIS CERTIFICATION FOR ANY INFORMATION REPORTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information sumbitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisionment for knowing violations." t'G�"'' &--.# (Signature of Permittee) Permit Date: 1 /l /2010-12/31/2014 (Date) 2/3/16 Last Revised 0 1 -21 -11 Page 2 of 2 ANNUAL SUMMARY DMR - WASTEWATER SEND TO CENTRAL OFFICE* * PROCESS MINEIDEWATERING N'ASTE111ATER GENERAL PERMIT NO. NCG020000 ECENE® EB 19 2015 *Reporttill Wasten°aler discharge'monturing d to on t111Corm (including No Flow and No Discharge and P' rnnr Limit Fiolauons) by :U-IRCII I of each year. if EN -I RAL. t•IL.tS you have limit violations, you must also have turned in a Limit Violation DMR to your local Regional Office within 30 days of receiving sample results from D'1R SECTION CERTIFICATE OF COVERAGE NO. NCG020735 SAiNIPLE COLLECTION YEAR: 2014 FACILITY NAME: Selma Quarry COUNTY: Johnston PERSON COLLECTING SAMPLES: PHONE NO. 919-781-4550 CERTIFIED LABORATORY: PACE ANALYTICAL Lab #67 ADD TO LISTERVE? YES NO EMAIL: LIMITS VIOLATIONS? YES NO INDUSTRIAL SAND'? DISCHARGE TO SA WATERS4? Part A: Wastewater Alonitoring Renuirements Outfall No. Date Sample Collected[ Total Flom Total Suspended Solids' Turbiditv3 Settleable Solids PH Fecal Coliforms - mmldd/yr MG mgll1'2 N7 U'"3 mllh Standard` col/ml2'4 No discharge for 2014 Site is not in operation This is a greenfield site 'All mines must monitor W W discharges for TSS. Only industrial sand mine discharges are subject to TSS limts. 2If an effluent limit is exceeded, the permittee is required to institute monthly monitoring for that parameter for the remaining permit term. 3"['he discharge shall not cause an instantaneous measurement of the turbidity of the receiving water to exceed: 10 NTU for freshwater streams, lakes, and reservoirs designated as trout waters; 25 NTU for all lakes and reservoirs, and all salt waters; 50 NTU for all other streams and surface caters. Turbidity may be monitored at the Stormwater Discharge Outfall. Alternatively, the permittee may choose to monitor turbidity in the receiveing water, directly upstream and downstream of the discharge. 4Only facilities discharging to SA waters are required to monitor for Fecal coliforms. Permit Date: l/l/2010-12/3112014 Last Revised 0 1 -21 -11 Page 1 of 2 Part A. Continued- Wastewater Monitoring Requirements Outfall No. Date Sample Collected) Total Flow Total Suspended Solids Turbidit.3 Settleable Solids PI -I Fecal Coliforms — -- nun/dd/vr _ _ l•9G - . msJlt'�-- - -NTU '3 nil/l - — Standards -. - - col/ml'a -- MAIL _ ORIGINAL AND ONE COPY OF THIS ANNUAL SUMMARY (INCLUDING ALL "NO FLOW", "NO DISCHARGE" & LIMIT VIOLATIONS) BY MARCH I OF EACH YEAR TO: Division of Water Quality Attn: DWQ Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919)807-6379 YOU MUST SIGN THIS CERTIFICATION FOR ANY INFORMA TION REPORTED: "I certify. under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information sumbitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisionment for knowing violations." nature of Permittee) Permit Date: 11112010-12/31/2014 (Date) 2/ 1 1115 Last Revised 01-21-11 Page 2 of 2 II ANNUAL SUMMARY DMR - STORM WATER II SEMI TO CEAITRA•L OFFICE* - -- - - - S-TORMWATER DISCIINIZGE OUTFALLS (SDO) T GENERAL PER11)EI NCG020000 'Report ALL S7-0R,t11K4TL•R Monitoring Dma'on this £onn (inctudins A'n F7011- and No Discharges and Permit Limit Vi lc r . )_ - aL4R01 I ofeach rear. CERTIFICATE OF COVERAGE NO. NCG020735 RECEAY SAMPLE COLLECTION YEAR: 2014 FACILITY NAME: Selma Quarry.r.`',(,�ILES COUNTY: Johnston PERSON COLLECTING SAMPLES: NIA FEB 1 9 2ION PHONE NO. 919-781-4550 CERTIFIED LABORATORY: PACE ANALYTICAL Lab #67 CENTRAL FILES ADD TO LISTERVE? YES❑ NOD EMAIL: DWR SECTION Part A: Stornnvater Monilorine Reuuirenients Outfall is,o. Date Sample Collected (mo/dd/yr OR NO FLOW)' In 'Tier 2 Monthly Monitoring? (y/n) # of Months in Tier 2 Sampling Total Flow (�1G) "Total Suspended Solids (mg/1) 'turbidity' (!NTU) Settleable Solids (mill) Total Rainfall (in) Event Duration (minutes) - - - - - 1003,4 See Footnote3'j 0.1 3 No discharge for 2014 N NIA Site is not in operation This is a greenfield site Legend: ND = Not detectable. NIA = Not applicable 'if "NO FLOW" or "NO DISCHARGE," enter "NO FLOW" or "NO DISCHARGE" for each outfall here and the Date Range. 2Per NCG02: Tier 2 Monthly Sampling shall be done until 3 consecutive samples are below the benchmark or within the benchmark range. 'If a value is in excess of the benchmark, or outside the benchmark range (for pli), you must implement the Teir 1 or Tier 2 responses in the General Permit. 4TSS benchmark values are 100 mg/I except in ORW, IIWQ, trout, and PNA waters where they are 50 mg/i. 5T-he discharge shall not cause an instantaneous measurement of the turbidity o£the receiving water to exceed: 10 NTU for freshwater streams, lakes, and reservois designated as trout waters 25 NTU for all takes and reservoir, and all salt water, 50 NTU for all other streams and surface waters. Turbidity may be monitored at the SDO_ Alternatively, the permittee may choose to monitor iurbidity in the receiving water, directly upstream and downstream of the SDO- Permit Date: t/l/2010-12131/2014 Last Revised 01-21-11 Page 1 of 2 Part A: Vehicle Maintenance Activity Monitoring Requirements for facilities using > 55 gal of new motor oil/month on average Outfall No. -- Date Sample' Collected (nto/dd/yr OR NO FI,O%N')r In.Ticr• 2 Monthly -,Monitoring?- (y/n) # of Months in -'-- 'tier 2- S:uupling' New Alotor 'Oil Ustgc (g:rl/tnonth) Total Flow. (JIG}" - 11'II rising method `/Fvh4:4 SGT-11Et1 (mg/l) 'Dotal Suspended --;,lids (nrc/l) pll {$tandard Units) Totat _ Rainfall (in) went 1)uration (III in[It es) 6-9 No discharge for 2014 N N/A Site is not in operation This is a ereenfield site Lc2end: NIA = Not detectable_ MIA = Not applicable IIAS YOUR FACILITY HAD 4 OR MORE BENCHMARK E\CEEDENCES AT ANl' ONE OUfFALL (INCLUDLNG VEHICLE MAINTENANCE)? 1'ES NO HAVE YOU CONTACTED THE REGION? YES ❑ NO 110 WHO AT TIIE REGION HAVE YOU SPOKEN WITH? HAIL ORIGINAL AND ONE COPY OF THIS ANNUAL SUMMARY (INCLUDING ALL "NO FLAW". "NO DISCHARGE" & LIMIT VIOLATIONS) BY MARCH 1 OF EACH YEAR TO: Division of Water Qualiry Attn: DWQ Central Files 1617 Mail Service Center Raleigh- North Carolina 27699-1617 (919)807-6300 YOU MUST SIGN THIS CERTIFICATION FOR ANY INFORAIATION REPORTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information sumbitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisionment for knowing violations." (Signature of Permittee) Permit Date: 1/1/2010-1213112014 (Date) 2/11/15 Last Revised 01-21-11 Page 2 of 2 b 0, 9'q 91 `2 0 4,v--vw r STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 9 CERTIFICATE OF COVERAGE No. NCG020735 .STORMWATER AND MINE DEWATERING DISCHARG`-S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and -regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Martin Marietta Materials, Inc. is hereby authorized to discharge stormwater and mine dewatering wastewater discharges from a facility located at: Selma Quarry Bear Farm Road (SR 1914) Selma Johnston County to receiving waters designated as a UT to the Neuse River, a class WS-IV, NSW water in the Neuse River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective November 6, 2009, This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day November 6, 2009. for Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission NCG02 Stormwater Permit: Mining Permit Review Permit Number: NCG020735 Reviewer: JMJ Mine Name: Martin Mareitta Materials -- SELMA Quarry Summary • Receiving Stream: Neuse River • Classification: WS-IV, NSW • River Basin: NEU E • County: Johnston • Notes: has 401, needs DEH approval because it is WS. Regional Information • Office: o ❑ARO Contact: o ❑FRO Contact: o ❑MRO Contact: o ®RRO Contact: Danny Smith or Lauren Withers oon. o ❑WaRO Contact: o ❑WiRO Contact: o ❑WSRO Contact: • Dates: o Approval requested: 11 /21 /2008 o Approval received: o "No wetland impact" determination, (15A NCAC 02B .0231(b)(5)(f) requires the Division to preserve the water levels of wetlands. We can require engineering plans. to ensure that this is the case.) o Inspection: Notbuiltvet • Notes: many Iterations -due to 2 add infos and time extensions requested by the permittee ' Other Agency Information • DU o Have a valid Mining Permit? ®yes ❑no o Permit Number 51-46 o Application submitted date: o Approved date: 6/25/07 • DEH (if WS) o Needed? ®yes ❑no o . Application submitted date: 11/ 13/09 o Approved date: 1/5/09 • Shellfish Sanitation (if SA) o Needed? ❑yes ®no o Application submitted date: o Approved date: • 401 /404 Certification o Needed? ®yes ❑no o Application submitted date: o Approved date: 8/3/07 o Have you requested a USACE wetlands delineation? []yes ®no . • Notes: They have received a 404 and a 401 from USACE and our 401 group. We will neec to ask fQr an O&M. We will also need to ask for a DEH approval. Page 1 of 3 JIV - — NCG02 Stormwater Permit: Mining Permit Review Application Review a) The permit applicatiori • Signed: ®yes ❑no • Complete: ®yes ❑no • SIC Code: SIC 1423 =- - - _ - - _ Comment [kil: sic 1442 (Construction sand ------------------ -- i. Describes activities:. Eyes ❑n0 and G avel)r Wet pit ncertlows are considered wastewater in this calet,ory, even if there is M ii. Covered by permit: Eyes Ono pumping b) Mine Type: • Quarry: • Sand: ❑ • Clay: ❑ c) Wastewater: • Type Mine dewatering: Stamped by PE? -If clay & dewatering, ATC? Process wastewater produced: Stamped. by PE? - If recycle & not closed, ATC? • Wastewater and ORW Waters Requirements New/expanding wastewater to ORW? New/expanding wastewater to ztpstseam of,ORW? Notes: not clay, not recycle system Eyes ❑no Dyes Eno Dyes ❑no (required) Dyes Eno Dyes ❑no ❑yes ❑no (required) Dyes Eno (not allowed) Dyes Eno (special limits) d) Dewatering: • Is the permittee impacting wetlands / require and O&M agreemen(? Eyes Ono • Date request letter sent 11 / 13/08 • Date sent to the'RO 9/2/09 from MMM • Date approved , • Did the RO'request an O&M before approval? Eyes ❑no e) Other: • Does this facility have other NPDI.S permits? ❑yes Eno • Hazardous waste activities onsite? Eyes ❑no • Notes: They might be washing usin a "Noble Oil Services Parts washer" utilized for vehicle maintenance — this water would be considered waste water. No dewatering shown, they will need to show Page 2 of 3 1.` l + Ilk NCG02 Stormwater Permit: Mining Permit Review Communication logs Date Item . I 1 / 13/09 Only one stormwater outfall shown— MM's response was that it was too complicated and too many outfalls. This is not appropriate. I told them they could apply for ROS. 11/13/08 No dewatering shown 11/ 13/08 They did not want to do an O&M because they already had paid the EEP per their 401 mitigation. This however, did not account for wetlands they were not filling that would be impacted by dewatering such a huge site. i i /13/08 Not enough detail shown on site plan. 12/3/08 Met with Lauren Cobb and Danny Smith. They had looked over plans and 401 and we all a reed that they will need an operation and maintenance plan. 5/20/09 MMM submitted materials to Add information #1 6/30/09 Add info #2 sent, information sent was not complete 7/24/09 DWQ/MMM met to speak again about submittal for MMM Selma Quarry 9/2/09 MMM submitted revised O&M plans/materials to DWQ Page 3of3 r � V Notes on DWQ/DWR conversation Summary &,Final Recommendations for Selma Quarry. Martin -Marietta Selma Quarry Jennifer Jones, June 22, 2009 DWR Conversation 1. Wetlands can become dried out not only as the water moves away from them, but as they are not recharged as much. This can be a complicated scenario. 2. Berm will probably not help 3. What about level -spreaders going to the wetlands? a. Do we need diffuse flow? b. Buffers? 4. Wetlands to the south of the pit may be a concern. However it is very difficult to determine what the 5. By excavating out a pit right next to wetlands, possible scenarios: a. Water may be depleted from the wetlands because the source may be the area right next to it — the area that is getting dug in the pit b. OR Water may not be coming from the pit area -- it might be from further away... or partially from further away. c. However water may be running from the wetland area to the pit if the pit is dug lower than the wetland and may dewater it. 6. We have very few losing streams— mostly gaining streams — so their comment that the wetland will be flowing from the stream to the wetland. DWR's�Not Wilson) written comments (in block): 1. Wetlands adj to Neuse not likely be affected? Ask DWR & RRO to verify. a. Don't agree. 2. Wetlands further from pit but closer to plant not affected? Ask DWR & RRO to verify a. Cone of depression, general statement 3. Wetland 4 (South of pit) not hydrologically affected by drawdown of pit — ask DWR if this seems ok, [Initially, but as pit grows, wetland will receive less discharge from GW] a. Construction of berm help water to not move laterally? Can that be true? I cannot see it on plans as well. i. No — berm will not help. [DWR conversationally said this] 4. Wetlands 1&6 & Stream 1 are not within the cone of influence? Ask DWR & RRO to verify. a. That can't be known. Generally not outside some radius, but depends on pervasiveness of fractures and threads. 5. On page 2 the O&M states that groundwater flow in this area is typical of Piedmont where flow direction is towards streams. Yoo state that wetland 4 will not be. affected by the pit as water will flow from Neuse to it. This seems contrary to the statement above. If so, would wetland 4 be affected by pit? a, This does seem contrary and is. The Pit will capture GW that may normally discharge to the wetlands or river. 6. States that "it is not anticipated that there will be a significant increase in dewatering with depth." Is this true? a. This assumes that most of the storage is near the surface in begolith which is generally true, but fractures (pervasiveness & tread) may allow for r It NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2 0 0 3 P R 0 0 0 B 4 1 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating statics. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later. decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: NCG020429 Montgomery County Callicutt's Gravel Rickie Joe Callicutt Callicutt's Gravel Rt 1 Box 69a Troy, NC 27371 Annual Fee Period. 2003-01-01 to2003-12-31 Invoice Date: 02/24/03 Due Date: 03/26/03 Annual Fee: $80.00 Notes: 1. A $23.00 processing Iec will be charged for returned checks in accordance Nvith the North Carolina General Statute 25-3-512. 2. Non -Payment of this Ice by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have anv questions regarding this invoice. please contact the Annual Administering and Compliance 1 ec Coordinator at 919-807-6321. (Return This Portion With Check) ANNUAL PERMIT INVOICE. Permit Number: NCG020429 Montgomery County Callicutt's Gravel Rickie Joe Callicutt Callicutt's Gravel Rt 1 Box 69a Troy, NC 27371 Illllf Illllilllllllllll�llllllllllllllglllll Overdue Annual Fee Period: 2003-01-01 to 2003-12-31 Invoice Date: 02/24/03 Due Date: 03/26/03 Annual Fee: $80.00 Check Number: 9 uestlons.for DWQ Rejion [66r( 1, Do we need to hold off on issuing the permit until we have assurances that these are going to be met (i.e. Put in their O&M plan? On the ground?) or can we just tell them that they need to do this and cannot start implementing the permit or mining until these have been met?. a. I think I favor issuing the permit and telling them they can't start mining until they get these in the ground. 2. How often does the region need this monitoring sent to them? Lauren: 1. We could ask that they put things into the 0&M plan. 2. Keep monitoring data on site and send a summary of stream and wetland monitoring data every year to the'Raleigh Regional Office every year on June I". The DWQ can change monitoring as needed. 3. Spacing of wells in wetland a. Calculations? b. Need 4 monitoring plan for those wells in wetland 4. 4. I'll call them, write a letter, send it to Lauren, then'send it to Martin Marietta, 5, Flnal�recommendations to MM Selma Quarry: Wetland 4 1. Put in monitoring wells 2. Need to monitor the water table before mining is started. 3. Must dewatering discharge is done evenly. 4. Wells should be: a. 20-30' deep, b. screened over 5' intervals c. Monitoring relatively shallow groundwater. d. These should be placed and monitored before the digging is begun. e. Monitored for the life of the well f. ideally in transects from closest to the proposed mine footprint to g. Monitoring should be kept on computer at MM. This data needs to be kept for the life of the permit. h. Monitoring needs to be summarized (yearly?) and sent to the Region 5. They could discharge to a different area - to different level -spreaders or smaller wetlands not to wetland 4. Need to show from what areas they are discharging water: from where to where on map. Stream 2/Wetland, 7: 1. Monitoring is already in O&M plan 2. Hydrating using dewatering discharge from mine pits clarification ponds 3. Water level monitoring gage in wetland 7 - ok 4. Flow meter in stream 2 Wetland 2/Stream 3/Wetland 3 1. Monitoring is already in 0&M plan - ok — 46AAA- 11-1okek-tj 2. Hydrating using dewatering discharge from mine pits clarification ponds - see pit comments 3. Level spreader upslope of wetland 2 @ headwaters of stream - see level spreader comments 4. Water level monitoring gage in wetland 2 - where?? Wetland 1&6: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2 0 0 4 P R 0 0 0 8 7 0 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual Fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the pennit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: NCG020429 Montgomery County Callicutt's Gravel Rickie Joe Callicutt Callicutt's Gravel Rt 1 Box 69a Troy, NC 27371 Annual Fee Period: 2004-01-01 to 2004-12-31 Invoice Date: 02/19/04 Due Date: 03/20/04 Annual Fee: $80.00 Notes: 1. A $25.00 processing fee will he charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENIZ - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-807-6321. (Return This Portion With Check) ANNUAL PERMIT INVOICE Overdue Permit Number: NCG020429 Montgomery County Callicutt's Gravel Annual Fee Period: 2004-01-01 to 2004-12-31 Invoice Date: 02/19/04 Due Date: 03/20/04 Annual Fee: $80.00 Rickie Joe Callicutt Callicutt's Gravel Rt 1 Box 69a Troy, NC 27371 Check Number: 1. MM says not in cone of influence. This cannot be known. 2. This needs to 6e monitored. - Stream 11 Wetland 6: 1. Needs to have monitoring in Wetland 6? 2. deeds to be monitored. 3. Sediment Basins: 1. Sediment basins will discharge as well. Need to ensure diffuse flow from the clarification ponds. Pit Clarification Ponds: 1. Put a level -spreader at the outlets from pit -clarification ponds needs to be going to a level - spreader to provide diffuse flow to the buffer Level spreaders: 1. We need to see the plans for the level -spreader. Must have the bypass. If bypass -- need to have buffer authorization. Newest level -spreader requirements. Overall: 1. They don't show phases and corresponding dewatering outfalls or dates. 2. Did not see per asked in add info letter a. Visual monitoring plan of outfalls b. Details about dewatering method c. Did not see anything about the type of wells or depth. Would like to see this. d. Calculations to show the cone of influence e. VMA f. Settling pond sizing information, if applicable g. Description of measures to prevent erosion and flooding 401 Permit Modification: 1. Will need to modify their 401 if they have a buffer authorization. Modification of their lattfft. Calculations: L) 1. 1 would like to see calculations for level -spreader 2. and cone of influence Questions far Martin Marietta: 1. On the 0&M plan prepared by Kimley-horn: a. State project boundary as 503 acres_ The other plans state the project permitted boundary as 480 acres_ Why? b. The site is much larger than 27 acres and yet you only ask for impervious surface of the 27 acres? Is this because its only the stockpile? c. The 0&M plan and MMM site plan show different stockpile and plant area totals — 27.1 acres vs. 41.3 acres. A little more than a 50% increase. Why? 2. On page,2 the 0&M states that groundwater flow in this area is typical of Piedmont where flow direction is towards streams. You state that wetland 4 will not be affected by the pit as water will flow from Neuse to it. This seems contrary to the statement above. If so, would wetland 4 be affected by pit? 3. Water level monitoring gage in wetland 2 — where?? 4. Where do the sediment basins discharge? NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2 0 0 6 P R 0 0 3 6 8 8 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. [t is required of any person olding a permit for any time during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine, If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental; regulatory, or modeling conditions. Permit Number: NCG020445 Craven County Broad Creek Road Mine Gerald L. Anderson Broad Creek Road Mine PO Box 568 Bridgeton, NC 28519 Annual Fee 1'eriod:.2006-03-01 to 2007-02-28 Invoice Date: 04/12/06 Due Date: 05/12/06 Annual Fee: $80.00 Notes: 1. A $25.00 processing fee %mill be charged for returned checks in accordance with the North Carolina General Statute 25-3-5 12. 2. Non-Payrnent of (his fee by the payment due date will initiate the permit revocation process. 3. Remit payment to; NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice. please contact the Annual -Adrninistering and Compliance I`ec Coordinator at. 919-807-6321. (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number: NCG020445 Craven County Broad Creek Road Mine Gerald L. Anderson Broad Creek Road Mine PO Box 568 Bridgeton, NC 28519 IIIIIIIIUIII@�IIIIIIIIIIIIIRIIIIIPnIIIIIIGI Overdue Annual Fee Period: 2006-03-01 to 2007-02-28 Invoice Date: 04/12/06 Due Date: 05/12/06 Annual Fee: $80_00 Check Number: 5. What are you going to do to make sure the mine dewatering water from Stream2/wetland 7 and wetland 2 stream3/wetland3 will meet standards as it is discharging WW to a stream? 6. Show how wetland 3 will not be effected by the pit - i.e. as it may be adding water from the mine - now with the berm - show how enough water will be put into wetland 3 that it will still be a) at a non -erosive velocity and b) yet still receiving enough waterf rom the clarification pit to hydrate the wetlands. Please show calculations for this. I PlIA-f 7. Show.the calculations for the cone of influence that shows that wetland 1 and wetland 6/stream 1 will not be influenced by dewatering and the large pit. 8. Are you discharging to Stream 1 and wetland 6? W ,v,e, Wf ' wr�-lu� � ram- u s w r � -�- " va- o' aAA, k OVV V%& P Wj_ kyN,w6%G Cov, wufc ft" /,�R �e qO 1, tfjA_ V'IVY`� 7 n-ztw (N\-- -' NORTH CAROLINA DEPARTMENT OF. -- ENVIRONMENT AND NATURAL RESOkRCES 1111111111111111111111111111 2 0 0 7 P R 0 0 3 6 5 6 INvolcr Annual Permit Fee Overdue This annual fee is required by the North Carolina Xd inistrative Code. I covers the administrative costs associated with -your permit. It is required of any person holding a perm' for any time during he annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date wiil It the permit to r vocation. Operating without a valid permit is a violation and is subject to a $10,000 per day tine. If the er nit is revoked and y u later decide a permit is -needed, you must reapply, with the understanding the permit request may be den' d due to changes in en ronmental, regulatory, or modeling conditions. Permit Number: NCG020445 Annual Fee Period: 2007-03701 to 2008-02-28 Craven Count Broad Cree oad Mine Invoice Date: 04/17/07 Due Date: 05/17/07 Gerald L. Anderson i Annual Fee: $80.00 Broad Creek Road Mi PO Box 568 Bridgeton, NC 2851 i Notes: 1. /$2 essing ice will be charged for returned e ecks in accordance with the North Carolina General Statute 25-3-512, 2. - of this fee by the payment due date will initiate the.permit revocation process. 3. nt to: DENR :Division of Water Qualit 7 Mail Service Centereigh, NC 27699-1617 4.ave any questions regarding this invoic please contact (lie Annual Administering and Compliance 1'ee Coordinator ai 1. CIO,s — (Return This Portion With Check) . ANNUAL PERMIT INVOICE 2 0 0 7 P R 0 0 3 6 5 6 Overdue Permit Number: NCG020445 Craven County Broad Creek Road Mine Gerald L. Anderson Broad Creek Road Mine PO Box 568 Bridgeton, NC 28519 „ Annual Fee Period: 2007-03-01:to.2008-02.28 Invoice Date: 04/17/07 Due Date: 05/17/07 Annual Fee: $80.00 Check Number:-. Notes on MMM Selma Quarry O& M. May 27, 2009 Wetlands: Wetlands adj to Neuse not likely be affected? Ask DWR & RRO to verify. • Wetlands further from pit but closer to plant not affected? Ask DWR & RRO to verify • Stream 2/Wetland 7: affected o Both monitored by O&M plan and use dewatering to maintain aquatic discharge. • Stream 2/stream 3/wetland 3: likely to be affected due to cone of influence of pit. o Both monitored by O&M plan and use dewatering to maintain aquatic discharge. o Receive most of the dewatering through level -spreader o Stream 2 — less discharge due to it intermittent-ness /less capacity. Discharge through outlet allowing for a slower drawdown of clarification pond. • Wetland 4 (South of pit) not hydrologically affected by drawdown of pit — ask DWR if this seems ok. () Construction of berm help water to not move laterally? o Old borrow pit will allow for observation of the water table o Not monitored using continuously monitoring water level gauge • Wetlands 1&6 & Stream 1 are not within the cone of influence? Ask DWR & RRO to verify. 5tormwater: • 27 acres plant site — not pit —just • Complete build out will be 50% = 13.55 acres • On southern portion there is an old borrow pit. Not waters of the state or US. Because Selma Quarry is releasing to NSW = • must have 30% TP and 30%TN removal • N loading restricted to 3.6 lb N/year • Phase 1: o Build out 0-6.5 ac. o Use wetland • Phase II: o 6.5-9.2 ac. o Wetland + wetpond in series • Phase III: 0 9.2-11.96 ac (not exceeding 3.6 Ib/ac/yr N) o Wetland + wet pond + forested filter strip in series Monitoring: • Stream 2/ Wetland 7/ and • Wetland 2/stream 3/wetland 3 • Hydrated using dewatering discharge (this is ww — must be monitored) from mine pit • Primary clarification pond — discharge through diffuse flow structure. • Secondary clarification pond — also dewatering discharge. Not on a regular basis. DNISION OF WATER QUALITY August 12, 1999 NIENIORANDUM To: Coleen Sullins WQ Section Chief FnoM: Vanessa Manuel Point Source Compliance/Enforcement Unit - SUBJECT: Status Report on Individually Permitted Discharging Systems Beginning July 1, 1999 and Ending July 31, 1999 The enclosed tables (Tables i — 6) detail enforcement actions executed in both the regional and central offices against individually permitted facilities. The contents of each table are as follow: i Table 1, Enforcement actions taken during July 1999. This tale accounts for enforcement actions executed, civil penalties assessed & collected, remissions requested, and enforcement actions pending the Director's or FMC's decision; r Table 2, Inspections completed during July 1999; Table 3, Special Orders by Consent (SOCs) existing or pending during July 1999; Table 4, Regionally assessed actions for violations occurring during the month of March 1999. This table details the number of facilities on the Monthly Manager's Report for March 1999 & the number of facilities assessed for violations occurring during said month; i Table 5, Annual overview of regionally assessed enforcement cases; and Table 6, Annual overview of enforcement cases assessed in the central office. All numbers detailed within this report are reported as of August 11 and 12, 1999, and may vary from actual due to delays in data entry. If you have any questions or concerns regarding the enclosed information, please contact me at extension 532. Cc- Bill Reid Vanessa Manuel Shannon Langley Questions: For permittee: 1. On the O&M plan prepared by Kimley-horn: a. State project boundary as 503 acres. The other plans state the project permitted boundary as 480 acres. Why? b. The site is much larger than 27 acres and yet you only ask for impervious surface of the 27 acres? Is this because its only the stockpile? c. The 0&M plan and MMM site plan show different stockpile and plant area totals — 27.1 acres vs. 41.3 acres. A little more than a 50% increase. Why? 2. On page 2 the 0&M states that groundwater flow in this area is typical of Piedmont where flow direction is towards streams. You state that wetland 4 will not be affected by the pit as water will flow from Neuse to it. This seems contrary to the statement above. If so, would wetland 4 be affected by pit? 3. Ask DWR about: a. Wetlands adj to Neuse not likely be affected? Ask DWR & RRO to verify. b. Wetlands further from pit but closer to plant not affected? Ask DWR & RRO to verify c. Wetland 4 (South of pit) not hydrologically affected by drawdown of pit — ask DWR if this seems ok. i. Construction of bean help water to not move laterally? Can that be true? I cannot see it on plans as well. d. Wetlands M & Stream 1 are not within the cone of influence? Ask DWR & RRO to verify. e. On page 2 the O&M states that groundwater flow in this area is typical of Piedmont where flow direction is towards streams. You state that wetland 4 will not be affected by the pit as water will flow from Neuse to it. This seems contrary to the statement above. If so, would wetland 4 be affected by pit? f. States that "it is not anticipated that there will be a significant increase in dewatering with depth." Is this true? Ask Lauren: 1. About comments above 2. Does she think their monitoring plan is enough — i.e. monitoring frequency and water levels? 3. 1 am not really sure what the water level monitoring gage is and flow meter and if that's an appropriate way to monitor the wetlands and stream flow. Yes. Talked to Lauren 6/1/09: 1. Sediment basins will discharge as well — what have they done to ensure diffuse flow @ the clarification ponds. 2. They could discharge to a different area —to different level -spreaders or smaller wetlands not to wetland 4. Need to show from what areas they are discharging water: from where to where on map. 3. When they get a new DLR permit do they have to get a new DWQ permit? If they modify stuff. What does the DLR permit cover. 4. Where does the sediment basins discharge? TABLE 1: Individually Permitted Facilities For the Period Beginning July 1, 1999 and ending July 31, 1999* AHU f-HU IVIhU hhQ VVAhU VVIHU VVZ-)hU Jiate imais Total Number of Enforcement Actions Assessed 5 6 12 17 10 4 8 62 Total Number of Enforcement Actions Assessed by the Director 1 0 0 1 1 0 1 0 3 Total Number of Enforcement Actions Assessed by the Regional WQ Supervisors 4 6 12 16 9 4 8 59 Enforcement Actions generated from Limit Wor Monitoring Violations 4 6 12 17 9 4 8 60 Enforcement Actions generated from Other Permit Condition Violations 1 0 0 0 1 0 0 2 Total Civil Penalties I I Assessed $5.634.28 59.458.14 513.501,24 $30.041.75 514.143.92 S4.979.50 58,609.00 586,367.83 Total Civil Penalties Collected 53.228.49 56.333.07 57.286.64 53.692.23 57.208.40 S2.684.09 53,562 00 533.994.92 Remission &Contested Case Responses to Enforcement Actions =.. Total Number of Remission Requests Received 1 0 0 3 0 4 1 9 Total Number of Enforcement Actions with Partial or Full Remission by the Director 0 0 2— 0 0 0 0 2 Total Number of Enforcement Actions Pending the DlrectoCs Decision 10 1 6 16 3 9 7 52 Total Number of Enforcement Actions Pending the EMC's final decision 14 6 11 16 -"4 8 9 68 Total Number of Contested Cases (known at this time) 1 0 0 0 0 0 0 1 'The numbers are reported as of a/11/99 and may vary from actual due to delays in data entry. 5. Put a level -spreader at the outlets from pit -clarification ponds needs to be going to a level - spreader to provide diffuse flow to the buffer. 6. I'd like to see the plans for the level -spreader. Must have the bypass. If bypass — need to have buffer authorization. Newest level -spreader requirements. 7. No level spreader design. Need that. 8. Ask DWR if this monitoring is sufficient. They don't have any monitoring in wetland 4. Ask if monitoring in streams and wetlands is sufficient. 9. Don't have any talcs for the cone of influence. We need talcs. and I would like DWR to see them. 10. No monitoring in wetland 4 if they are not dewatering it they should be able to show it. 11. Need baseline data of monitoring for wetlands. 12. They don't show phases and corresponding dewatering outfalls or dates. 13. Did not see per asked in add info letter a. Visual monitoring plan of outfalls b. Details about dewatering method c. Did not see anything about the type of wells or depth. Would like i0 sce this. d. Calculations to show the cone of influence e. VIVA f. Settling pond sizing information, if applicable g. Description 01' measures to prevent erosion and flooding h. 14. Will need to modify their 401 if they have a buffer authorization. Modification of their buffer. TABLE 2: Individually Permitted Facilities For the Period Beginning July 1, 1999 and ending July 31, 1999* ARO FRO MRO RRO WARD WIRO WSRO State Tntnlc Total Number of Compliance Evaluation Inspections Completed 1 3 10 1 0 0 31 46 Total Number of Other Inspections Completed 1 5 1 0 1 6 1 0 1 0 1 0 1 2 1 13 TABLE 3 Status of Special Orders By Consent (SOCs) during July 1999* ARO FRO MR() RRO WAR() WIRO WSRO StetA Tntnlc Total Number of Individually Permitted Facilities with Active SOCs 7 2 4 4 6 10 11 44 I Total Number of Individually Permitted Facilities Requesting New or Amended SOCs 1 2 6 2 6 3 1 5 25 'The numbers are reported as of 8/11199 and may varyfrom actual due to delays in data entry. A NCG020735 Martin Marietta Selma Add lnlo Summary Subject: NCG020735 Martin Marietta Selma Acid In]o Summary From: Jennifer Jones <Jennifer.Jones a ncmaii.net> Date: Thu, 18 Dec 2008 14:33:24 -0500 To: Danny Smith <danny.smith cr nemaii.net>, Lauren Cobb <lauren.cobb tot ncmail.net>, Ken Pickle <ken.pickle a nemaiI.net>, "Jennifcr.Jones a ncmail.net" <.lenni fer.Jones a licmail.net> CC: Bradley Bennett <Bradley. Bennett a ncma11,net>, Bethany Georgoullas <13etliany.Georgoulias cr ncmail.net> Hi All, Just a summary of the issues for the Martin Marietta Selma site for our meeting tomorrow: • They have an approved DLR mining permit. • They are in an NSW (Neuse). • They need DEH approval - WS IV. • They have an approved 401, and paid the EEP for wetlands that would be directly removed in the mining footprint: • The 401 did not require any O&M monitoring on wetlands offsite or outside of the Pit footprint. • They have only shown 1 stormwater outfall on their submitted site plan. • They have not shown any stormwater dewatering outfalls. • I was told on the phone in a conversation with Nuwan Wijesuriya on November 13, 2008, that there were many more stormwater outfalls but that they were unsure when they would discharge, depending on how the sediment basins were actually constructed. This is not acceptable application and BMPs must be installed per approved plans. • They did not provide any phased plans for phased excavation have asked the permittee to provide an O&M with the following information: • Site map with wetlands, ditches, weI]-placements, borrow areas, overburden storage, stormwater, wetland locations and stream locations • Controls/BMPs, vehicle maintenance areas, settling basins, product process areas, and access roads. • Rain Gauge (on -site, monitoring daily) • Well information (design, depths, maintenance) • Physical monitoring for the wetlands areas (locations and sampling frequency) • Calculations to show the cone of influence • Settling pond sizing information, if applicable • Level spreader design, if applicable • Visual monitoring plan of outfalls • Details about dewatering method • Description of measures to prevent erosion and flooding • Annual Report • Restoration Plan Additionally I have asked: • Please include a full set of plans with all stormwater outfalls marked and all dewatering outfalls marked. If plans for mining are to be done in phases, please show phases and corresponding stormwater and dewatering outfalls. • We will need to see all outfalls clearly marked on large-scale plans. Please also include calculations to support stormwater outfall discharge rates. Hope this is useful and I will see you tomorrow at the RRO at 9 AM! l oC2 12/18/2008 4:17 I'M Jennifer: Lauren and I have both looked at this site: Yes I think they need to provide calculation to address the cone of influence of dewatering efforts of this mine site. They may have already provided these calculations to DLR. That is fine, but we would like to see them too. (Note: our review is focused on surface water quality impacts (both streams and wetlands) that may coincide to effects of the cone of depression, a question beyond that of what DLR typically reviews.) They also need to show how they will dewater the stormwater. This is necessary for several reasons: 1) The 401 Certification requires that they achieve diffuse flow or build a treatment unit to address 30% TN reduction. 2) We need to know how the dewatering will occur in order to understand how diffuse flow will be achieved or how/where they will construct a stornwater pond (as per the 401 Certification). 3) Obviously,�num �construct a�Stornlw�aterpond art I1, ec ion 4) Dewatering. The manner by which the mine dewaters has to occur such that erosive velocities do not cause violations of wetland standards, stream standards, and riparian buffer regulations. Since there are adjacent wetlands they will be required (as per Section C, 1. of the permit) provide all Operation and Monitoring Plan. -Map Identifying wetland locations and stream locations -Wetland Monitoring wells (locations and sampling frequency) -Visual monitoring of wetlands (recorded account of rills, subsidence, vegetation changes -rain gauge (on site, monitoring daily) -dewatering plan -visual monitoring of outfall (with respect, erosive velocities) -Plan must be updated if outfall location is moved. -Annual report -Restoration plan - CAt&S . This plan is required to approved by DWQ and should have the following components. 0 3 A Jones, Jennifer From: Georgoulias, Bethany Sent: Thursday, July 16, 2009 3:39 PM To: Pickle, Ken; Jones, Jennifer, Cc: Bennett, Bradley; Smith, Danny Subject: RE: MMMMmW (Martin Marietta Materials meeting mit Whitt) This is a good summary, Ken. I've added some points where applicable below. Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 Website: http://h2o.enr.state.nc.us/su E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pickle, Ken Sent: Thursday, July 16, 2009 2:06 PM To: ]ones, Jennifer Cc: Georgoulias, Bethany; Bennett, Bradley; Smith, Danny Subject: MMMMmW (Martin Marietta Materials meeting mit Whitt) Jennifer, Bethany and I met with Steve Whitt as he requested. He had questions on some of the add -info requirements from your June 30, 2009, letter. We advised him on the scope/level of detail that might be generally appropriate in his responses to you, and we did not direct any particular response, although we did in some instances indicate what seemed reasonable to us, (recognizing that we were not fully informed on the -project). We were not really up -to -speed on the O&M requirements and past history with these folks, so please check carefully through our responses to SW. Bethany was able to have a short telephone conversation with Danny prior to the meeting for background and input. I hope we got it right, if not, just roll your eyes and say, "Bless their hearts"_ He had two groups of concerns - most wrt Selma, but some wrt NCG02 renewal. (Bethany, please correct/add where I've missed a point.) Selma add -info letter: a) p. 1 first bullet asking for cone of influence: SW noted that a rigorous and defensible development of a cone of influence by a PE or PG carried a price tag of $7k - $8k, according to his consultant's quote. SW reported that in past experiences with granite rock quarries similarly sited, a•max depression of the.water table may extend very minimally, perhaps as much as 100' out from the excavation. Fie observed that the O&M Plan already called for piezometers located at the wetlands, and that real time data from them might be a more reasonable and more reliable indication of groundwater response than a costly and hypothetical modelling result. In response to my question about a lower level of rigor in the calculation/modelling (and consequently consultant's cost), he observed that any lower level of rigor would further degrade the accuracy/reliability of the result so as to be meaningless. We suggested that he might consider making these points in his response. Page f3 This permit, -issued to Richard L. Kern June 15, 2006 and transferred to Little River Stone, LLC on February 28, 2007, is hereby transferred in its entirety to Martin Marietta Aggregates and simultaneously modified this 21st day of January, 2009 pursuant to GS 74-51 and 52. BJ�. - /",Y James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources i also asked that if he land already been in consultation with Not Wilson on this particular point and .site, that providing additional information about that and/or scientific information to support their claim would help. i offered that we hod recently taken up an effort to work more closely with DWR because their expertise in hydrology was something we needed to better evaluate these risks, and that we'd be glad to connect with Not again on this particular site. Later in the meeting, I tried to stress that in many cases, DWR's review is focused more on water quantity and not quality, but that we are aiming to align our goals better as we improve the NCG01 review process, beginning as early as the mining permit application's debut route through the regional offices. b) p. 1 fourth bullet asking for measures to prevent flooding: SW reported that MMM had already completed a "Zero rise" study that concluded that their operations would not impact the water level under flood conditions. We suggested that he might respond to this add -info item by citing the study, or even providing a portion of it for us to check off our list. c I knew you'd talked with Johnston County about this point, and that it was another coworker (RP) who'd picked up on the fact that something should maybe happen because of where the mine was proposed in the floodploin (and this process with the local government wos'not fomiliar to us). In part, this was our effort trying to ensure other necessary permits or site modifications weren't overlooked. I admitted I didn't know anything about a No Rise study he was referring to, and maybe you hadn't known about it either, so they should provide more info. As an extension of this point, and in part to address the recurring theme/question of "so what does this have to do with getting an NPDES permit, and is it within your authority to hold up issuance over something like this?), I pointed out that the engineering requirements during any ATC reviews --should they apply ffor example process area treatment facilities) -- require that measures be taken to ensure functionolity and protection if in the floodplain. In other words, yes, it can have something to do with getting your NPDES permit. c) p.1 fifth bullet on Annual Report: SW noted that page 5 of 8 in their 0&M plan speaks to the Annual Report, and that they of course would not have any substantive content for an Annual Report until a year after operations begin. We suggested that he make those comments in response to the add -info, 6�: d) p.1 sixth-bullet-on•a-Restoration:Plan: SW had comments along four lines, I-) If-we_r.e.asking-for-a 'Reciamation:Plan' of the whole mine site, that of course is already in place as part of DLR's permit; 2) Are we asking about a restoration plan for the wetlands that his O&M prevents him from affecting? He assumes that the most likely case is that the site will abide by the 0&M Plan and there will be no need to restore wetlands that aren't affected; 3) he notes that with piezometers in place and with real time monitoring, MMM is compelled to respond to any incipient impact on the wetlands, and that the elements of any restoration response will be specific for the circumstances at the time;,4) finally, SW noted that shortly (period uncertain - 1 yr?) after completion of the mining activity, the site subsurface.hydr.ology7 will equilibrate-with-the:re=filling=of=groundwater--into-the-excavation; and=so,he=implied,-retur,ning:the_wetlands=-fo whatever-hydration-source=they-previously-hac-Bethany and I were uncertain as to the objective of this bullet, .and advised SW to make these responses, but also to cover this ground with you when you return �-'7 t -� - t e) At one point SW admitted that the scale of the submittal drawings was in some cases insufficient to show the required information. He reported that they are working on more/better drawings to include many of the graphic add - info requests. I'm not sure, but he may have offered this explanation also in response to your observation that the constructed wetlands could not be in the protected wetlands. f) p. 4, item 9b. noting that monitoring must be continued for the life of the well: SW suggested that as the excavation progressed'over the extended time periods contemplated at this site, some piezometers would cease to produce data that added to the interpretation of subsurface conditions, and that upon petition by MMM, DWQ might possibly agree that MMM could stop monitoring at those locations. Under these circumstances, MMM would not abandon or decommission the well, but would leave it in place. So, the well would be in place, but not monitored. That seemed rational to me and b, and so we suggested he make these comments in response to the add info letter. C A,-V- Cam` ' ii( av\ 2 NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application to modify this mining permit filed by'Martin Marietta Aggregates to conduct mining activities off Black Ankle Road in Montgomery County. The mining permit (no. 62-41) was modified on January 21, 2009. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe that you *are an aggrieved party within the meaning of the APA and NC General Statute 74-61,•a petition for a contested case must be filed in the Office of Administrative Hearings within thirty (30) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150B-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699=1601. This notice was mailed on mes D. Simons irector Division of Land Resources North Carolina Department of Environment and Natural. Resources j�a-a9 Brenda Harris Mining Program Secretary g) Finally, SW indicated that the bulk of the add -info comments were being addressed and would be ready for your meeting with them next week. I infer from.his.presentation on this point that a\ien with'the bulk of the itern;slbeing , addressed, and even with the problematic items he wanted to discuss in advance of your return, SW still has a few items that they have not agreed to put in the O&M plan. We offered a couple of times for him to discuss further any other problematic issues, but after an hour and;a'lialf he had discussed all he wanted to with us. Concerns wrt the renewal of NCG02 ' a) SW thinks that his sites (will meet/can meet) any TSS benchmarks /limits in the new NCG02. Although, he commented that others in the industry might not be as successful as MMM will be. b) But, he was very concerned about -,his ability to -,meet 50 NTU, both at MMM and across the industry. i c) He's 'concerned' because he fears where the Tiered approach will take his sites after the fourth exceedence triggers heavy DWQ involvement on their sites. On this point, he danced around the observation.that if he's satisfying DLR on the sediment basin design, shouldn't that be enough?, Or shouldn't DENR get their act together and make it so that whatever treatment method is required is sufficient? He doesn't want to,have to keep going out and enlarging -those sedir� ent basins over and over again based on excess DWQ regulation. Neither his words nor his meaning were exactly that crude; more accurately, this is my slightly exaggerated characterization of his comments on the point of. BMPs/treatment for discharges and multiple agency regulation. ; d) Bethany encouraged SW to make sure that we heard his and his industry's comments on NCG02 during the renewal period. e) He also raised the issue of overlapping regulatory authority/regulatory burden and whether some questions on the 0&M Plan were or were not the proper activity for an NPDES permit review. Specifically, -if he has'the 401 Certification indicating -that, he has satisfied DWQ's wetlands concerns/authority why should he -have to answer again'(dtiplication) about non -impacted wetlands (improper'authority)Vnder an NPDES permit application?, ; t Ken did'a great-joh explaining that our'401.counterparts may restrict their review at times to wetlands/streams being filled, or otherwise ir�okted, and that it is within b_ur NPDES authority to,consider potential impacts to those that are outside that sim act as'weli as be and the niirie'foot rint, which I triedito=raise .• Ken,was full p' (, y. _r_ p ) Y Prepared with a tour through our rules that clearly demonstrate our, authority to protract against impacts to supporVour point, but.we never really had to get,into ttyat,detail. However, what he put together will be incredibly helpful for'obr renewal recr,rds, particularly if we need to explain why1we want tiie mining application to DLR to'notc'closest Waiers'ar'r`und the perimeter of the mine. Ken (and lag) , 3 �I Instructions for Completing Your, Claim Form Please read these directions before mailing your form If this form is not completed correctly CA your request will be returned A. In section "A," fill in your name and social security number. CB B. Complete section rB" if you are submitting receipts for your NCFlex Convenience Card transaction. CC C. Complete the following information in section "C" for health care and dependent day care expenses paid for out of pocket. (Do not list any expenses charged to your Convenience Card.) • Code Type: Enter the code for the type of expense O using the following: M - Medical D - Dental V - Vision H - Hearing P - Prescription Drugs O - Over the Counter Drug DC - Dependent Day Care • Date Expense Incurred: Enter the date the service was provided (not the date of the bill). • Name of Person Receiving Service: Enter the name of the eligible person for whom the claim is made. • Claim Amount Enter the amount requested for reimbursement- (NOTE: if you have a Health Care Explanation of Benefits to attach, enter the difference between the total expense and the amount paid by the health care plan.) • Provider of Service: Enter the name of the person or facility that provided the service. D. Read section "D" to certify the information you have provided is accurate. Be sure to sign and date the form or your claim will be delayed. No claims can be processed without a signature. Attach,appropriate documentation and send, completed claim form to'Aon Consulting. FAX: 1-866-887-3212 (toll -free),: -OR MAIL: Aon Consulting Flex Administration - #0001 P.O. box 3002' ; Arlington Heights, IL 60006-3002 If you have questions cal. 1-877-371-2926. Your signature is required for reimbursement. Failure to sign claim form will delay processing. FSA Claim Form EHlfOWpEI r•a-Me..e IM.I hw�n�Xb.ryr�s. ✓e. le ta4eM twerlmo-l- Q IXr.. a -a nr wrrr. x.. tv..n..n Grt...►! n .Isy.+. F.41r Ca. nE D". thj I.. eqv .� . Ore i'I�- I -GaYMR h Yi w+�.le.l.eler.lw w.lw... X[.y! a ly..ln. exv.rrMn }ni4[ h.e.-olh taws n •G..M..+L., 4-Y. �N.-I�Ga[». Wtli r.aY�yth..nww YH,rynn►t.1 Iwrly�[e..�Irrlla.n a+NwMYwnlnL hL•m.lyn lv la+a YII.»o; t.a.r,l+p. Canceled checks and balance forward receipts are not acceptable documentation. 1. Documentation Needed: You must attach copies of required documentation to receive reimbursement. If documentation is not correct, you will be required to resubmit expenses with proper documentation. • For expenses which must first be submitted to an insurance company or health care plan, attach a copy of the Explanation of Benefits (EOB) form received from the insurance company or administrator. • For eligible medical expenses not covered by a health care plan, attach the provider's statement of expense showing the type of service, the incurred date and the amount of expense: For example, a physician bill(s) or pharmacist prescription label(s) or itemized receipt(s) describing items purchased. 2. Send completed and signed form (with documentation attached) to the NC Flex FSA Customer Service Center. i uug NOFLh Carolina , Division of Environmental Health F-A Teri L. Pierce, Director y State of North Carolina �� Michael F. Easley, Governor Department of Environment and Public Water Supply Section Natural Resources Division of Jessica G. Miles, Section Chief William G. Ross, Secretary Environmental Health MEMORANDUM TO: Jennifer Jones Stormwater Permitting Unit Division of Water Quality FROM: Michael L. Douglas, P.E., Regional Engineer Public Water Supply Section Raleigh Regional Office^^ SUBJECT: Draft National Pollutant Discharge m �=M a v U Elimination System PermitNCG020735�g o] Martin Marietta Materials, Inc. p Bear Farm Road (S.R. 1914) N3 Selma, North Carolina 9 Johnston County DATE: January 2, 2009 Reference is made to the above -mentioned Draft National Pollutant Discharge Elimination System Permit. Upon review of this permit application to operate a new Water Pollution Control System at the Martin Marietta Materials, Incorporated (Selma Quarry) to discharge stormwater runoff and/or mine dewatcring, it appears that no adverse effect on water quality will occur to the existing public water supply intakes. The point of discharge is located greater than 5 miles upstream of intake for the Town of Smith Field (PWSID No. 03-35-010). We concur with the issuance of this permit provided this facility is operated and maintained properly; the stated effluent limits are met prior to discharge; and the discharge does not contravene the designated water quality standards. If we can be of further assistance, please contact me at 919-791-4200. cc: James McRight, I'WSS-Technical Services Branch, 2728 Capital Boulevard Public Water Supply Section One 1634 Mail Service Center, Raleigh, North Carolina 27699-1628 NorthCarolina Telephone 919-791-4200 ♦ Main Fax 919-571-4718 ♦ PWS Fax 919-788-5349 Naturally http:ilncdrinkingwater.state.nc.ust An Equal Opportunity t Affirmative Action Employer IAAA4� vvVyd'2 I 'A S4 9 O�QF WATFRpG Michael F.I-asley,Governor 0 William G. Ross Jr Secretary 7 North Carolina Department of l:nvironmem and Natural Resources Coleen H. Sullins, Director Division of Water Quality ,November 13, 2008 Memorandum Lo:_Raleigh"RegionalVater-Supply Supervisor-Michael_Douglas,.NCDENR'Raleigh Regionai_g�rc-ice Department of Erlvironrnentai-Health.jDEH" _� From: Jennifer Jones, Stormwater Permitting Unit Subject: Review of the discharge location for the following: Martin Marietta Materials, Inc. Bear Farm Road (SR 1414), Approximately 3 Miles NE of Selma, NC J_at/f_ong: 3S 34' 06"N, 78 Johnston County NCG020735 Please indicate your agency's position on the facility listed above. Attached is the staff report for this facility. We cannot issue the permit without your concurrence. Please return this form at your earliest convenience. RESPONSE: This agency has reviewed the draft permit and determined that the proposed discharge will not be sufficiently close to any existing or known proposed public water supply intake so as to create an adverse effect on water quality. We concur with the issuance of this permit, provided the facility is operated and maintained properly, the stated effluent limits are met prior to discharge, and the discharge does not contravene the designated water quality standards. Concurs with issuance of the above permit, provided the following conditions are met: Opposes the issuance of the above permit, based on reasons stated below (or attached): Signed c Date: b_/0e5_ cc: Raleigh RO, Surface Water Protection Center, Danny Smith, Lauren Cobb Stormwater PermiLtirlClUnk Files Mailing Address Phone (919) 807-6300 Location Ivn [liCarolintt 1617 ,Mail Service Center Fax (919) Si17-6492 512 N. Salisbury St. lTtll171�1f Raleigh, NC 27699-1617 Raleigh, ,NC 27604 Internet: tivtivtiv.nctivaterc[uality.ort; Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper ,�� : • Division of Water Quality / Surface Water Protection NCDENRNational Pollutant Discharge Elimination System rKwrN c.+•ctiw r..rw».Fvr w F'w.n>a.m}i IWri H-.. FYxi WJA NCG020000 NOTICE OF INTENT FOR AGENCY USE ONLY Datc Received Ycar Month Day d I Ccniricafr of c yem c CFK'ck q Anniinl L� r Pennil M,i kind In National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000: STORMWATER DISCHARGES associated with activities classified as: SIC (Standard Industrial Classification) Code -14XX Mineral Mining Industry (except as specified below) The following activities are also included: • Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; Stormwater from vehicle maintenance activities at mining operations; • Overflow from facilities that recycle process wastewater; and/or Mine dewatering (wastewater) The following activities are specifically excluded from coverage under this General Permit: • Stormwater discharges associated with peat mining, coal mining, and metal mining; • Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt operations and/or concrete operations; • Stormwater discharges associated with oil and gas extraction operations; and • Stormwater discharges associated with tourist gem mines • NCDOT borrow pits are covered under NCS000150 The following discharges are covered by NPDES general permit NCG520000 instead of NCG020000: • Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand dredging or dipping operations) For new mining sites that require an authorization to construct (ATC) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATC for new wastewater treatment facilities. ATC requests must be submitted at least 90 days prior to construction'. For exist ►na mining sites that require an Authorization to Operate (A TO) wastewater treatment facilities: This N01 is also an APPLICATION FOR an ATO for wastewater treatment facilities in place. Construction, modification, or installation of any new treatment components at an existing site requires an ATC. (If the site is already covered by NCG020000, the ATC request may be submitted without an NOI). Some wastewater treatment facilities used to treat or recycle process wastewater (even if commingled with stormwater) at mining sites will require an ATC prior to construction per 15A NCAC 2H .0138, Please see the NCG020000 General Pernut for details about which treatment facilities require an ATC (summarized in Table 1 at the end of this form). For example, an ATC is required for treatment of mine dewatering discharge from clay pits and non -closed -loop, wostewater recycle systems. The authorization to construct or continue to operate will be issued at the same time as the Certificate of Coverage (COC) for the NCG02 permit. Design of treatment facilities must comply with requirements of 15A NCAC 21-1 .0138 & .0139. Page 1 of 7 'As per 15A NCAC 2H ,0106 2Unless treatment lacililies are designed, constructed, and put into operation by employees internal to the company who are qualified to perform such work for their respective companies in accordance wish General Statutes, 89C•25 (7), plans and specifications must be signed and sealed by a P.E. SWU-217-071408 Last revised 7114108 NCG020000 N.O.I. Construction of wastewater treatment facilities subject to the ATC/ATO requirements in the NCG02 permit at new or existing mining sites requires submission of three (3) sets of plans and specifications signed and sealed by a Professional Engineer (P.E.) or qualified staff2 along with this application. A copy of the design calculations should be included. Please see questions 18 & 19. Table 1: Wastewater Permit ATC/ATO Requirements Mine Dewatering Yes No Quarries — 6 Sand Pits — 6 Clay Pits Any Dewatering with Chemical Treatment 6 — Process Wastewater Sand/Gravel — 6 Closed -Loop Recycle — 6 Other Recycle 6 — For questions, please contact the DWO Regional Office for your area. (See page 7) (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspondence will be mail: Name Martin Marietta Materials, Inc. Street Address City Telephone No. PO Box 30013 Raleigh State NC ZIP Code 27622-0013 919 781-4550 Fax: 919 510-4739 E-mail Address steve.whi.ttpmartinmarietta.com 2) Location of facility producing discharge: Facility Name Selma Quarry Facility Contact Street Address City County Telephone No. Contact E-mail Steve Whitt Bear Farm Road (SR 1914), Approximately 3 miles NE of Selma, NC Selma State NC ZIP Code 27577 Johnston N/A Fax: N/A steve.whitt@amartinmarietta.com 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). The site is located approximately 3 miles NE of Selma, NC off Bear Farm Road (SR 1914). 4) Latitude 35-34'-06" Longitude 78-19' -011, (degrees, minutes, seconds) 5) This NPDES Permit NOI Application applies to which of the following: IN New or Proposed Facility Date operation is to begin once applicable permits have been ❑ Existing issued. ❑ New Permit not applicable — ATC request only. NPDES Permit Number Page 2 of 7 SWU-217-071408 Last revised 7/14108 NCG020000 N.Q.I. 6) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 1 4 2 3 7) Provide a narrative description of the types of minerals mined at this facility: Granite is to be mined. 8) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Stormwater: varies Mine dewatering: 1 Process Wastewater Overflow: a Discharge points should be clearly marked on the submitted site plan. Please provide short narrative description of discharges: Discharges will consist of stormwater runoff and/or mine dewatering. 9) Receiving waters: What is the name of the body or bodies of water (creek, stream, river, take, etc.) that the facility stormwater and/or wastewater discharges end up in? Neuse River It the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). N/A Receiving water classification (if known): Note: Discharge of process wastewater to receiving waters classified as WS-ll to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCG020000 cannot be granted. No new discharges of process wastewater are permitted in receiving waters classified as WS-I or freshwater ORW. 10) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? ❑ No In Yes If yes, please provide information about any 404/401 Certification permits. Note: Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and implement an Operation and Monitoring (O&M) Plan that has been approved by the Division. The 0&M Plan should be submitted to the Regional Office and must be approved prior to operation. The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. 11) Does this facility already have a valid Mining Permit from the Division of Land Resources (DLR)? ❑ No (If not, please indicate the status of the Mining Permit application: ® Yes If yes, please provide the Mining Permit number and include a copy with your application: 51-46 Note: DWO cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or renewed by the Division of Land Resources (DLR). Page 3 of 7 SW U-217-071408 Last revised 7/14/08 NCG020000 N.01 12) Will this mining operation precede development activities at this site? ® No ❑ Yes 13) Does this facility have any other NPDES permits? ® No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 14) Does this facility have any Non -Discharge permits (ex: recycle permits)? ® No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 15) Does this facility employ any best management practices for stormwater control? ❑ No ® Yes If yes, please briefly describe: Rrosion and sediment control structures as approved by the Division of Land Resources control from affected areas. Land Quality Section are to be implemented for stormwater 16) Does this facility have a Stormwater Pollution Prevention Plan? M No ❑ Yes If yes, when was it implemented? 17) Will vehicle maintenance activities occur at this facility? ❑ No ® Yes Once quarry is operational., vehicle maintenance will occur. Wastewater Treatment Facilities: 1 B) Will mine dewatering discharges occur? (ATCIATO required for clay pits or dewatering with them. treatment) ❑ No ® Yes Once quarry is operational, mine dewatering discharges will occur. 19) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless sand/gravel mining or closed -loop recycle system) ® No ❑ Yes It yes, answer the following questions on the wastewater treatment system: a. Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.).. Existing treatment facilities should be described in detail, and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. jtlse separate sheet(s)j b. Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Note: Please see hltp://h2o.enr.state.nc.uslws/DAMS list.htm for a list of approved polyacrylamide (DAMS) products for use in North Carolina. Page 4 of 7 sWU-217-071408 Last revised 7114108 NCG020000 N.O.I. C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No Cl Yes 20) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? IN No ❑ Yes If so, include information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219.) 21) Hazardous Waste: a) 1s this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ® No ❑ Yes b) is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? A Noble Oil services parts washer may be utilized in the future for routine vehicle maintenance. Site would be classified as a conditionally exempt ❑ No IN Yes small. quantity generator. c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? ® No ❑ Yes d) if you answered yes to questions b. or c., please provide the following information: Type(s) of Waste: Noble Oil Services Parts Washer Solvent (Non -Hazardous) How is material stored: Parts waster Unit Where is material stored: To be stored at future shop location. How many disposal shipments per year: 6 to 12 times a year. Name of transport 1 disposal vendor: Noble ail services. Vendor address: S617 Clyde Rhyne Drive, Sanford, NC 27330' 22) Certification: North Carolina General Statute 143-215.6 b (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to he maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. l agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. Page 5 of 7 SWU-217-071408 Last revised 7/14/08 NCG020000 N.O.I. agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit. 1 certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Daniel G. Title. Executive Vice P/esident (Signature of Applicant) /A (Date Signed) Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR. Final Checklist This application will be returned as incomplete unless all of the following items have been included: © Check for $100 made payable to NCDENR © This completed application and all supporting documents ® Copy of the valid approved mining permit (MP) for the facility or indication of MP application status ® Copy of a county map or other general location map that shows the mining site and nearest major roads ® Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly shows site location in relation to nearby streams, wetlands, and other waters, etc. ® Copy of mining site plan with all wetlands clearly delineated ❑ It the mine is near wetlands, or may otherwise impact surface water or groundwater, contact the regional office about an O&M Plan (contact information on the next page). Please refer to this O&M Plan checklist: ✓ Site map with wetlands, ditches, well -placements, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process areas, and access roads. ✓ Well information (design, depths, maintenance) ✓ Physical monitoring for the wetlands areas ✓ Settling pond sizing information, if applicable ✓ Level spreader design, if applicable ✓ Details about dewatering method ✓ Description of measures to prevent erosion and flooding ❑ It an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed, and dated by a P.E. ATC and ATO requirements in NCG02000 are summarized in Table 1 on Page 2 of this NOI (see the permit text for more details). Plans shall show all pertinent design features, including the location of the outfall(s). If stormwater is flowing off -site, the plan must show that stormwater will not be mixed with wastewater. Mail the entire package to: Stormwater and General Permits Unit Division of Water ❑uality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. Page 6 of 7 5WU-217-071408 Last revised 7114/08 NCG02 Stormwater Permit: Mining Permit Review • Notes: They have received a 404 and a 401 from USACE and our 401 group. We will need to ask for an O&M. We will also need to ask for a DEH_approval. Application Review a) The permit application • Signed: • Complete: • SIC Code: SIC 1423 i. Describes activities: ii. Covered by permit: b) Mine Type: • Quarry: • Sand: ❑ • Clay: ❑ c) Wastewater: • Type - Mine dewatering: - Stamped by PE? - If clay & dewatering, ATC (required) - Process wastewater produced. Stamped by PE? - If recycle & not closed, ATC? • Wastewater and ORW Waters Requirements New/expanding wastewater to ORW? allowed) New/expanding wastewater to limits) upstreanz of ORW? Notes: ®yes ❑no ❑yes ❑no ®yes ❑no ®yes ❑no ®yes ❑no ❑yes ®no ? ❑yes ❑no ❑yes ®no ❑yes ❑no ❑yes ❑no (required) . ❑yes ®no (not ❑yes ®no (special d) Dewatering: • Is the permittee impacting wetlands / require and O&M agreement? ®yes ❑no • Date request letter sent 11 13 08 • Date sent to the RO • Date approved • Did the RO request an O&M before approval? ®yes ❑no e) Other: • Does this facility have other NPDES permits? ❑yes ®no • Hazardous waste activities onsite? ®yes ❑no • Notes: They might be washing using a "Noble Oil Services Parts washer" utilized for vehicle maintenance - this water would be considered waste Znra for No dewatering shown, they will need to show. Page 2 of 2 NCG02 Stormwater Permit: Mining Permit Review Communication logs Date Item 11/13/08 Only one stormwater outfall shown-- MM's response was that it was too complicated and too many outfalls. This is not appropriate. I told them they could apply for ROS. 11/13/018 No dewatering shown 11/13/08 They did not want to do an O&M because they already had paid the EEP per their 401 mitigation. This however, did not account for wetlands they were not filling that would be impacted by dewatering such a huge site. 11/13/08 Not enough detail shown on site plan. 12/3/08 Met with Lauren Cobb and Danny Smith. They had looked over plans and 401 and we all agreed that they will need an operation and maintenance plan. Page 3 of 3 glm� R .1jj 7, - N_':s V1 .1 1; 2f 9�� Li. %4 7 7' r 'tJ V F J -V 7., Z Martin Marietta Materials, Inc. Selma Quarry D -41k J" A '001P 1/4 ;`« — �1'a ,r! 'CI - �I}fc` f tt � '•�. c��'�!r••�'' '�..f... .y � y _t { NCG020735 Martin Marietta Materials, Inc. Selma Quarry Selma, NC Latitude: 350 34'06" N Longitude: 78* 19'04" W Receiving Stream: UT to Neuse River Stream Class: WS-IV, NSW Map le 1:29,043 Sub -basin: 03-04-02 (Neuse River Basin) Nome Facility Location NCG02 Stormwater Permit: Mining Permit Review Permit Number: NCG020735 Reviewer:) Mine Name: Martin Mareitta Materials — SELMA Quarry Summary • Receiving Stream: Neuse River • Classification: WS-IV, NSW • River Basin: NEUSE • County: Johnston • -Notes: has 401, needs DEH approval because it is WS. Regional Information • Office: 0 0 0 0 0 0 0 • Dates: 0 0 0 0 • Notes: ❑ARO Contact: ❑FRO Contact: ❑MRO Contact: ®RRO Contact: ❑WaRO Contact: ❑WiRO Contact: ❑WSRO Contact: Danny Smith or Lauren Cobb Approval requested: Approval received: "No wetland impact" determination, (15A NCAC 02B .0231(b)(5)(f) requires the Division to preserve the water levels of wetlands. We can require engineering plans to ensure that this is the case.) Inspection: Other Agency Information • DLR o Have a valid Mining Permit? ❑yes ❑no o Permit Number 51-46 o Application submitted date: o Approved date: 6 25 07 • DEH (if WS) 0 Needed? ®yes ❑no 0 Application submitted date: o Approved date: • Shellfish Sanitation (if SA) o Needed? ❑yes ®no o Application submitted date: o Approved date: • 401/404 Certification o Needed? ®yes ❑no o Application submitted date: o Approved date: S 3 07 o Have you requested a USACE wetlands delineation? ❑yes ®no Page 1 of 1 Aia NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist June 25, 2007 Mr. Nuwan Wijesuriya Martin Marietta Aggregates PO Box 30013 Raleigh, North Carolina 27622-0013 RE: Selma Quarry Johnston County Neuse River Basin Dear Mr. Wijesuriya: Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As your company already has a blanket bond sufficient to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 51-46 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. This permit expires on June 25, 2017. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 480.3 acres and the amount of and you are approved to disturb is 391.5 acres. Please review the permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sincerely, Floyd R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRW/jw Enclosures: Permit No. 51-46 Notice of Issuance CC" Mr. John Holley, PE Ms. Shannon Deaton -WRC, w/permit Mr. Bradley Bennett-DWQ, w/permit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, wl permit 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876�� 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Afrmative Action Employer - 50% Recycled ti 10% Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Martin Marietta Aggregates Selma Quarry Johnston County - Permit No. 51-46 for the operation of a Crushed Stone Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 25, 2017 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until June 25, 2017. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: Page 3 OPERATING CONDITIONS: Wastewater and Quarry Dewatering A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. The permanent access (plant entrance) road shall be paved a minimum of 300 feet from its junction with SR 1914 and permanently stabilized. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Mine Map dated May 8, 2007 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. 4. Erosion and Sediment Control A. The operator shall notify the Raleigh Regional Office, Land Quality Section, at least 48 hours prior to beginning any of the initial land disturbing activities Page 4 indicated in the approved application for a mining permit and any modifications to this permit thereafter. B. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Maps dated May 8, 2007 and the supplemental information received by the Land Quality Section on January 16, 2007 and May 15, 2007. D. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any [and disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. E. Prior to construction of the railroad spur stream crossing located just northeast of the future permanent plant & stockpile area, an erosion and sediment control plan and construction details for the stream crossing must be submitted to the Land Quality Section and approved prior to beginning construction of the rail crossing. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of sedimentation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope. Page 5 7 E: Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitorina: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. 1 o.c m v � 1.0 C. 0.s .A 0.7 � 0.6 � 0.d cC E 0.3 0.2, �x rn 0,1 10.0 2.0 1.5 1.0 0.9 0.7 0.6 0.S O.d 0.3 0.2 a -Iv cv aU 1 100 Blast Vibration Frequency,_Hz Figure 7 AHerrrative blasting level criteria (Source modrfred from figure 6-7_ Bureau ,of Mines R18507) Page 6 L C I Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/D,)' Ds = D W112 V = 160(DS)-1.s W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). Ds = Scaled distance factor. V Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower -fiat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U = 82 (DNW0.33)-1.2 Page 7 To convert U (psi) to P (dBL): P = 20 x log (U/2.9x10'9) Confined Air blast/Overpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives, maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department: Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. FI rock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. Page 8 H. Flyrock Reporting_ Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. Page 9 B. Vegetated earthen berms shall be located and constructed as shown on the Mine Maps dated May 8, 2007. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 8. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; Page 10 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 1 I APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation.Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining. operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 12 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12.A. through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan located in the application appendix and approved by Mr. Nuwan Wijesuriya on January 15, 2007. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. Page 13 4 Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be. completed within two years of completion or termination of mining. Permit issued this 25th day of June, 2007. James D. Simons, Director (/ Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Martin Marietta Aggregates to conduct mining activities off SR 1914 (Bear Farm Road) in Johnston County. The mining permit (no. 51-46) was issued on June 25, 2007. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a.petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 15OB-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150B-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. 1-1) es D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on ' D Brenda Harris Mining Program Secretary Mr. Steve S. Whitt Martin Marietta Materials, Inc. P.O. Box 30013 Raleigh, NC 27622-0013 Michael F. L•aslcy, Governor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality August 3, 2007 _tqAUTEIVZ� - V. �E' AUK AUG 2007 Re: Martin Marietta Selma Quarry, Johnston CouriLEIOH REt ULATORYrIELD OFFEICC. DWQ 420070861; USACE Action fD. No. SAW-2007-01798 APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (]SA NCAC 2B .0233) with Additional Conditions Dear Mr. Whitt: Attached hereto is a copy of Certification No. 3672 issued to Mr. Steve S. Whitt and Martin Marietta Materials, Inc., dated August 3, 2007, This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 1 SA NCAC 213.0233. fin addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non -discharge and Water Supply' Watershed regulations. If we can be of further assistance, do not liesitate to contact us. Sit' ely, Coleco 1=1. Sullins, Director CHS1cbkltjnr Attachments: NCDWQ 40t WQC Summary of Permanent impacts and Mitigation RequiMnents Certificate of Completion' cc. Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE', Lauren Cobb, DWQ, Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Todd Tugwell, Kimlcy-Horn and Associates, luc., 3001 Weston Parkway, Cary, NC 27513 F'ilanamc: 070801 p4srtinlinrirtta5eimaQuarry(Jahuston)40I_1C 401 OversighllExpress Review Permils Unit 1650 Mail Service Cenler, Winston-Salem, North Carolina 2709-1650 2321 Crabtree Boulevard, Suite 250,1'Anston-Salem, North Carolina 27604 Phone: 919-733-17861 FAX a19-733-68931 Internet: http:11h2o.enr.state. nc.uslncwetlands On e NtliCarolina ,A'Wlrrally An Equal opportunitylAf rmative Action Employer— 50`Y Recycied110% Post Consumer Paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2 0 0 6 P R 0 0 2 7 0 9 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any lime during the annual fee period, regtirdless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with -the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit dumber: NCG020521 Carteret County Thomas Farm Road Mine Ralph Thomas Thomas Farm Road Mine 1515 Front St Beaufort, NC 28516 Annual Fee Period: 2006-02-01 to 2007-01-31 Invoice Date: 03/16/06 Due Date: 04/15/06 Annual Fee: $80.00 Noses: 1. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due date Nvill initiate the permit revocation process. 3. hermit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-907-6321. (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number: NCG020521 Carteret County Thomas Farm Road Mine Ralph Thomas Thomas Farm Road Mine 1515 Front St Beaufort, NC 28516 II@IIIIIIINIIIIIIIIII�IIII�iI@IIIIIIIII@P�I'��@I Overdue Annual Fee Period: 2006.02-01 to2007-01-31 Invoice Date: 03/16/06 Due Date: 04/15/06 Annual Fee: $80.00 Check Number: Mr. Stevc S. Whitt and Martin Marietta Materials, Inc. Page 2 of 6 August 3, 2007 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTII{ICATION is issued in conformity with the requirements of Section 401 Public Laws 92- 500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Steve S. Whitt and Martin Marietta Materials, Inc., to fill or otherwise impact 2.7 acres of 404/wetland, 130 linear feet of intermittent stream, and 0.00 square feet of Zone 1 Neuse River basin protected riparian buffers and 0.00 square feet of Zone 2 Neuse River basin protected riparian buffers, to construct the proposed Martin Marietta Selma Quarry, which is located on the east and west sides of Bear Farrar Road (SR1914), approximately 0.5 miles north of U.S. Highway 70, adjacent to the Neuse Diver, approximately 2 miles southeast of Wilson's Mills, in Johnston County, North Carolina, pursuant to an application dated May 17, 2007 and received by the DWQ on May.17, 2007, and by Public Notice by the U.S. Army Corps of Engineers issued on the 61h day of June of 2007' (received by DWQ oil June 7, 2007. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 103,-306, 307 of PL 92-506 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. if the project is changed, prior to notification a new application for- anew Certification is required. If the property is sold, (lie new owner -must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in, lire future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan. result in a change in stream or wetland impact or an increase in impervious surfaces, Cite DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditious of Certirication: 1. lrnpacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or isolated Wetland Permit) are met. No other impacts to wetlands, streams, and/or buffers, are Approved including incidental impacts: TXpe of Impact Amount Approved Units Plan Location or Reference 404/Wetland 2.7 (acres) Aeplication and Public Notice Stream - intermittent 130 linear feet Application and Public Notice Buffer —Zone 1 0.00 s uare ft.) Application and Public Notice Buffer -- Zone 2 _ 0.00 (square fl.) Application and Public Notice 2. Diffuse Flow All stormwater conveyance outlets must discharge to a properly designed, constructed and maintained level spreader. If site conditions are not appropriate for a level spreader due to site topography or high stormwater flow, then a stormwater BMP must be provided that will remove a mini num of 30 percent of total nitrogen. This BMP must be properly designed, constructed and NORTH CAROLINA DEPARTM ENT OF ENVIRONMENT AND NATURAL RESOURCES 2 0 0 7 P R 0 0 2 5 9 8 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative -costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation.' Operating without a valid permit is a violation and is -subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, -with the understanding the permit request may denied due to changes in environmental, regulatory,'or m6deling conditions. Permit Number: NCG020521 Carteret County Thomas Farm Road Mine Ralph Thomas Thomas Farm Road Mine 1515 Front St Beaufort, NC 28516 Annual Fee Period: 2007-02-01 to 2008-01-31 Invoice Date: 03/13/07 Due Date:. 04/12/07 Annual Fee:.$80.00 Notes: I. A $25.00 processing fee Will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due daft will initiate the permit revocation process. 3. Remit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any question~ regarding this invoice, please contact the Annual Administering and Compliance 1`cc Coordinator at 919-807-6321. (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number: NCG020521 Carteret County Thomas Farm Road Mine Ralph Thomas Thomas Farm Road Mine 1515 Front St Beaufort, NC 28516 IIIIIIIIIVIIII IIIIII IIVCIIIIIIUIIIIIIIVIIIII Overdue Annual Fee Period: 2007-02-01 to 2008-01-31 Invoice Date: 03/13/07 Due Date: 04/12/07 Annual.Fee: $80.0o Check Number: Mr. Steve S. Whitt and Martin Marietta Materials, Inc. Page 3of6 August 3, 2007 maintained. A diffused flow plan for this project shall be provided to this Office before ally of the impacts approved herein are conducted. The plan shall specify all stormwater discharge points, level spreader worksheets, plan details of level spreaders, and calculations to indicate that diffuse flow through the protected buffers. If one or more BMPs is used in place of providing diffuse flow, then appropriate BMP worksheets, plan details and calculations must be provided for the BM -Ps. Sediment and Erosion Control: 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such hest Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment aril Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment andErosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stonnwater routing and treatnient shall be on site at all times. 4. No waste, spoil, solids, or fill of auy kind shall occur in wetlands, waters, or riparian areas beyond the footprint ofthe impacts depicted in the 404I401Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 5, Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment'and erosion control devices in wedwids and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 6. Protective Pencuig - The outside buffer, wetland or water boundary and along the construction corridor withui these boundaries approved under this authorization shall be clearly inarked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities; Continuing Compliance: 7. Mr. Steve S. Whitt and Martin Marietta Materials, Inc, shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and. any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 21-1.0507(d). Before modifying the Certification, the Division shall notify Mr. Steve S. Whitt and Martin Marietta NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2 0 0 8 P R 0 0 2 6 1 6 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period; regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: NCG020521 Carteret County Thomas Farm Road Mine Ralph Thomas Thomas Farm Road Mine 1515 Front St Beaufort, NC 28516 Annual Fee Period: 2008-02-01 to 2009-01-31 Invoice Date: 03/19/08 Due Date: 04/18/08 Annual Fee: $100.00 Notes: 1. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-807-6321. (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number: NCG020521 Carteret County Thomas Farm Road Mine Ralph Thomas Thomas Farm Road Mine 1515 Front St Beaufort, NC 28516 11111111 I ill 11 ill 1111 ill 11 Overdue Annual Fee Period: 2008-02-01 to 2009-01-31 Invoice Date: 03/19/08 Due Date: 04/18/08 Annual Fee: $100.00 Check Number: Mr. Steve S. Whitt and Martin Marietta Materials, Inc. Page 4 of 6 Auoust 3, 2007 Materials, .Inc., and the US Army Corps of Engineers, provide public notice in accordance with I SA NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 21-I.0504. Any new or revised conditions shall be provided to Mr. Steve S. Whitt and Martin Marietta Materials, Inc. in writing, shall be provided to the United States Army Corps of Engincers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also hecnme conditions of the Y04 Permit for the project; Mitigation: 8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below.. We _ understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the LEP receives and clears your check (made payable to: DLNR — Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have 60 calendar dm�s from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub -basin Number 404/Wetland 2.7 (acres) Neuse/03020201 9. Construction StormAvater Permit NCG010000 Upon the approval of an L;rosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPIDES General storm water permit (NCG010000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with perinit conditions including the sedimentation control plan, self -monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at 1,,tt»://h2o,em-..5tate,nc.trs/stdf'o7-tns Doc:unews.htm.; 10. Monitoring of IZetention/Clarifcation Pond Discharge A monitoring plan to Assess total nitrogen (TN) contained within the proposed discharge from the retention/clarification pond must be submitted to this Office and approved before any of the impacts approved herein are conducted. If monitoring of the effluent discharge indicates the ambient concentration of the average ambient TN exceeds ambient concentration (averaged over a period of five years) measured at the closest DWQ ambient monitoring station, then, a treatment device must he installed to attenuate'rN concentration to below ambient TN concentration. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2 0 0 9 P R 0 0 2 5 0 6 INVOICE Annual Pernrit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your penmit. It is required of any person holding a permit for any time during the annual fee period. regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day.fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: NCG020521 Carteret County Thomas Farm Road Mine Ralph Thomas Thomas Farm Road Mine - 1515 Front St Beaufort, NC 28516 Annual Fee Period: 2009.02.01 to 2010-01-31 Invoice Date: 03/19/09 - Due Date: 04/18/09 Annual Fee: $100.00 Notes: I. A $25.00 processing fee will be charged for returned checks in'accordance with (lie North Carolina General Statute 25-3-5 12. 2, Non -Payment orthis fee -by the payment clue date will initiate the permit revocation process. 3. Remit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-807-6321. (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number: NCG020521 Carteret County Thomas Farm Road Mine Ralph Thomas Thomas Farm Road Mine 1515 Front St Beaufort, NC 28516 NIII IIIIII@'IIIIIIIIIIIVIIIIIIIIII�lllll�ll Overdue Annual Fee Period: 2009-02-01 to 2010-01-31 Invoice Date: 03/19/09 Due Date: 04/18/09 Annual Fee: $100.00 Check Number: Mr. Steve S. Whitt and Martin Marietta Materials, Inc. Page S of 6 August 3, 2007 Calvert Installation All work in nr adjacent to stream waters shall be conducted in a dry w6rk area. Approved BNIP measures from the most current version of NCDOT Construction and Maintenance Activities manual htt://www.ncdot.orgZdoh/operations/BMP manual/download/.BMA Manual.pdf} such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. lxxisting stream dimensions (including the cross section dimensions, pattern, and IoPgitudinal profile) must be maintained above and below locations of cacti culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly. Culvert(s) shall not be installed it) s►ich.a rnaruier that wilt cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is,installed. Culvert(s) must be installed according to approved plans. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow.passage of water and aquatic life. Design and placement of eulverts and other structures including temporary erosion control measures shall not he conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down strearn of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. - The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip -rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401 /Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES INVOICE Annual Permit Fee 1111111111111111111111111I Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period. regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation -and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: NCG020530 Cumberland County Jireh Material Mine David J L Gause Jireh Material Mine 4720 Bent Pine Dr Fayetteville, NC 28304 Annual Fee Period: 2001-10.01 to 2002-09-30 Invoice Date: 11/14/01 Due Date: 12/14/01 Annual Fee: $80.00 Notes: 1. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non-Pavment of this ice by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-807-632 l . (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number. NCG020530 Cumberland County Jireh Material Mine David J L Gause Jireh Material Mine 4720 Bent Pine Dr Fayetteville, NC 28304 III I�I�II�II�aIII�IIIeINllllllllll IIIIII Overdue Annual Fee Period: 2001-10-01 to 2002-09-30 Invoice Date: 11/14/01 Due Date: 12/14/01 Annual Fee: $80.00 ., Check Number: Mr. Steve S. Whitt and Martin Marietta Materials, Inc. Page 6 of 6 August 3, 2007 12. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Winston-Salem, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. if this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming tb Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Winston-Salem, N.C. 27699-6714. if modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following; receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 3`d day of AugVA 2007 DfV ON F W UALITY Coleen H. Sullins, Director 3672 CHS/cbk/ym NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2 0 0 2 P R 0 0 5 6 2 1 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit -is needed, you trust reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: NCG020530 Cumberland County Jireh Material Mine David J L Gause Jireh Material Mine 4720 Bent Pine Dr Fayetteville, NC 28304 Annual Fee Period: 2002-10-01 to 2003-09-30 Invoice Date: 11/13/02 Due Date: 12/13/02 Annual Fee: $80.00 Nutcti: 1. A $25.00 proecssing fec will be charged for returned checks in accordance with the'North Carolina General Statute 25-3-512. 2. Non -Payment of this Ice by the payment due date will initiate the permit revocation process. 3. lZemit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, INC 27699-1617 4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-807-6321. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number: NCG020530 Cumberland County Jireh Material Mine David J L Gause Jireh Material Mine 4720 Bent Pine Dr Fayetteville, NC 28304 Vllllill III IIII IIIIIIII Illllll�lllillllllllf IIIII Overdue Annual Fee Period: 2002-10-01 to 2003-09-30 Invoice Date: 11/13/02 Due Date: 12/13/02 Annual Fee: $80.00 Check Number: C'� F WA iQpG Michael F. Easley, Governor William G. Ross Jr., Secretary r North Carolina Department of Environmentand Natural Resources Q ^r Coleen 11. Sullins, Diruaor Division of Watcr Quality North Carolina Division of Water Quality 40I Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H,0500, Mr, Steve S. Whitt and Martin MariettaNtaterials, Inc., have permission as outlined below to fill or otherwise impact 2.7 acres of404/wetland, 130 linear feet of intermittent stream, and 0.00 square feet of Zone I Neuse River basin protected riparian buffers and 0.00 square feet of Zone 2 Neuse River basin protected riparian butters, to construct -the proposed Martin Marietta Selma Quarry, which is located on the east and west sides of Bear Farm Road (SR1914), approximately 0.5 miles north of U.S. Highway 70, adjacent to the Neuse River, approximately 2 miles southeast of Wilson's Mills, in Johnston County, North Carolina. All activities associated with these authorized impacts mast be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MIE'IGATION REQUIREMENTS, ECOSYSTEM ENFIANCEMENT PROGRAM DWQ PROJECT ff: 20070861 LOCATION: Near Wilson's Mills COUNTY Johnston BASIN/ SUE BASIN Neuse103020201 t As required by 15A NCAC 2FI.0500, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Progratn must be rounded to one -quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). _ Impacts Mitigation 2.7 Acres 404AVetland 2.7 Acres 404[Wetland One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment wi I he sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARI: NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN P90CESSED BY "f1.il ECOSYTEM EN14ANCMENT PROGRAM. Signature Date ECOSYSTEM ENI-iANCE.MENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Micname: 070S6l MartinMariettaSelm3Quar y(Johnston)401_]C_EEP Noartl,Caro[ina Rol OversighVExpress Review Permitting Unit llflfl'!l�/If 1650 Mail Service Center, Raleigh, North Carolina 27699-I650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-17861 Fax (919) 733-6893 Internet: httpJltivww.nova(erquality.org An Equal Opportunity,/Affirmative Action Employer — 50% Recycled/] 0% Post Consumer Paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2 0 0 3 P R 0 0 5 9 6 2 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operaling without a valid permit is a violation and is siibject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: NCG020530 Cumberland County Jireh Material Mine David J L Gause Jireh Material Mine 4720 Bent Pine Dr Fayetteville, NC 28304 Annual Fee Period: 2003-10-01 to 2004-09-30 Invoice Date: 11/19/03 Due Date: 12/19/03 Annual Fee: $80.00 Notes: 1. A $25.00 processing fee � ill be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should VOL] have any questions regarding; this invoice, please contact the Annual. Administering and Compliance fee Coordinator at 919-807-6321. (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number: NCG020530 Cumberland County Jireh Material Mine David J L Gause Jireh Material Mine 4720 Bent Pine Dr Fayetteville, NC 28304 111111111111111111111111111 Overdue Annual Fee Period: 2003-10-01 to 2004-09-30 Invoice Date: 11/19/03 Due Date: 12/19/03 Annual Fee: $80.00 Clteck Number: Certification of Completion DWQ Project No.: County: Applicant: Project Name: Date of Issuance of Certification. or Authorization: Certificate of Completion Upon completion of all Work approved. within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, tfze applicant is required to return this certificate to the 401 Oversi-10--xpress Permitting Unit, ZP North Carolina. Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form inay be returned to DWQ by the applicant, the applicant's authorized agent, or aie project engineer. It is not necessary to send certificates from all of these. I Applicant's Certif cation I, _ _ hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial' compliance and intent of the 401 Water Quality Certification and Buffer Mules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification hereby state that, to the bcsi of my abilities, due care and diligence was used in die observation of the construction such that the construction was observed to he built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, atid other supporting materials. Signature: Date: If this project was designed by a Certified Professional as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Pernuttee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction vas observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: _ Registration No. Date NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES INVOICE Annual Permit Fee 9111i'lllll�llll19111111111111111111111111�11111 Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless ofthe facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and YOU later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: NCG020567 Henderson County TCB Clear Creek Mine Barry Bonnett TCB Materials M K Equipment 1310 N Main St Hendersonville, NC 28793 l Annual Fee Period: 2006-06-01 to2007-05-31 Invoice Date: 07/19/06 Due Date: 08/18/06 Annual Fee: $80.00 Notes: I. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit paynicnt to: NCDENR -• Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice, please contact the Annual Administering and Comptiance Fee Coordinator a: 919-907-6321. (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number: NCG020567 Henderson County TCB Clear Creek Mine Barry Bonnett TCB Materials M K Equipment 1310 N Main St IBIIIIIIAIIIII'�IIIR8111111111111111111111111 Overdue Annual Fee Period: 2006-06-01 to 2007-05-31 Invoice Date: 07/19/06 Due Date: 08/18/06 Annual Fee: $80.00 Check Number: 1-- Eeosystem �Jina �0eiiie i PROGRAM RECEIPT (corrected) July 23, 2008 Steve Whitt Martin Marietta Materials, Inc P.O. Box 30013 Raleigh, NC 27622 Project: Selma Quarry County: Johnston DWQ #: ' 20070861 USACE Action ID: 2007-01798 EEP No.: ILF-2007-5337 Amount Paid: $161,43050 Check Number: 960304 The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 4041CAMA Permit(s) issued for the above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below. Neuse Stream Credits Wetland Credits Buffer 1& II 03020201 (linear feet) (acres) (Sq. Ft.) Cold Cool Warm Riparian Non -Riparian Coastal Marsh Neuse 0 0 0 5.4 0 0 0 03020201 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973. Sincerely, -*0 4aca V" William D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands1401 Unit Thomas Brown, USACE-Raleigh Eric Kulz, NCDWQ-Raleigh Todd Tugwell, agent Pile IZP.Storia9... .. Prote.G�GGL9 Ot r StGi t& NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-04761 www.nceep.net rs Mr, Steve S. Whitt Martin Marietta Materials, Inc. P.O. Box 30013 Raleigh, NC 27622-0013 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality August 3, 2007 RECEIVED AUG AUG 1 2007 7?007 �a V°1`iMi. rZi r y Re: Martin Marietta Selma Quarry, Johnston Courit*LEIGH REGULATORY FIELD OFFICE DWQ 920070861; USACE Action ID. No. SAW-2007-01798 APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Whitt: Attached hereto is a copy of Certification No. 3672 issued to Mr. Steve S. Whitt and Martin Marietta Materials, Inc., dated August 3, 2007. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233, In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non -discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. Si ely, Coleen H. Sullins, Director CHS/cbk/ijm Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE Lauren Cobb, DWQ, Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Todd Tugwell, Kimley-Horn and Associates, Inc., 3001 Weston Parkway, Cary, NC 27513 Filename: 070861 MarOnNla riettaSelmaQuarry(Johnston)401_1C 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604 Phone: 919.733-17861 FAX 919-733-6893I Internet: htt:/th2o.enr.state.nc,us/ncwetlands ot NCarolina N tura!!y An Equal OpportunO/Af native Action Employer— 50% Recydedt10% Post Consumer Paper Mr. Steve S. Whitt and Martin Marietta Materials, Inc. Page 2 of 6 August 3, 2007 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92- 500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Steve S. Whitt and Martin Marietta Materials, Inc., to fill or otherwise impact 2.7 acres of 404/wetland, 130 linear feet of intermittent stream, and 0.00 square feet of Zone 1 Neuse River basin protected riparian buffers and 0.00 square feet of Zone 2 Neuse River basin protected riparian buffers, to construct the proposed Martin Marietta Selma Quarry, which is located on the east and west sides of Bear Farm Road (SR1914), approximately 0.5 miles north of U.S. Highway 70, adjacent to the Neuse River, approximately 2 miles southeast of Wilson's Mills, in Johnston County, North Carolina, pursuant to an application dated May 17, 2007 and received by the DWQ on May 17, 2007, and by Public Notice by the U.S. Army Corps of Engineers issued on the 6�' day of June of 2007(received by DWQ on June 7, 2007. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302,103,•306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner, must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 1. Impacts. Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No-o[ ther'impact�� wed and s,-�str4ams;And/or-buffers;.are approved -including incidental -imp ets: Type of Impact Amount Approved nits Plan Location or Reference 404/Wetland 2.7 acres Application and Public Notice Stream - intermittent 130. linear feet Application and Public Notice Buffer — Zone 1 0.00 (square ft. Application and Public Notice Buffer — Zone 2 0.00 (square ft. Application and Public Notice 2. Diffuse Flow All stormwater conveyance outlets must discharge to a properly designed, constructed and maintained level spreader. If site conditions are not appropriate for a level spreader due to site topography or high storm ater flow, then..a,stormwate-r BMP must.be-provided-that-will remove-aa, minimum of 30 percent of total nitrogen. This.BM ustust be plops y designed, constructed and Mr. Steve S. Whitt and Martin Marietta Materials, Inc. Page 3 of 6 August 3, 2007 maintained. A diffused -flow plan-for-this-project-shall.be•provided•to-this-Office:before-any f tht e-impacts-approve�in-are•conducted7The plan shall.specify_all:stormwater-disch ra ge points,_level sp eaderworksheets,.plan-d�s:of-Iefe- spreaders,.and-calculations-to.indicate_that -- — -- diffuse:flow_through-the-protected:buffers�If one or more BMPs is used in place of providing diffuse flow, then appropriate-BMP_worksheets, plan-deiaiIFand calculations-must:be:,provided for the...BMPs. `� Sediment and Erosion Control: 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities, including-the_des ign;.instalIation,=operation; and-mainten ance-of.sediment-and-erosion:control=B se t Management-practicesahall=be-performed-so•th'at no;violations.of.state_water_quality_standards, statutes,- or- rules, occur; 5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment -and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 6. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities; Continuing Compliance: 7. Mr. Steve S. Whitt and Martin Marietta Materials, Inc. shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with I SA NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Steve S. Whitt and Martin Marietta Mr. Steve S. Whitt and Martin Marietta Materials, Inc. Page 4 of b August 3, 2007 Materials, Inc., and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Steve S. Whitt and Martin Marietta Materials, Inc. in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Mitigation: 8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We . understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR — Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (9I9) 733-5205 if you have any questions concerning payment into a restoration fund. You have 60 calendar days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub -basin Number 404/Wetland 2.7 acres Neuse/03020201 9. Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self -monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.us/su/Forms Doc,uments.htm.; 10. Monitoring-.of:Retention/Clarification=Pand'Discharge A monitoring:plan:taassess-total-nitrogen-(TN) contained=witliiff-the-proposed=discharge-from:the ret ration/clariftcation:pond. must be submitted:to:this: Office. and-approved-before:any_of:the=7 imp.ats pproved herein--are.conductedj If monitoring of the -effluent -discharge -indicates the ambient concentration of the average ambient TN exceeds ambient concentration (averaged over a period of five years) measured at the closest DWQ ambient monitoring station, then, a treatment device must be installed to attenuate TN concentration to below ambient TN concentration. Mr. Steve S. Whitt and Martin Marietta Materials, Inc. Page 5 of b August 3, 2007 11. Culvert Installation All work in or adjacent to stream waters shall be conducted .in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual (http://www.ncdot.org/doh/operations/BM-P manual/downloadlBMP Manual. d such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattem, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly. Culvert(s) shall not be installed in si4ch.a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below Iocations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow V01�Q low flow passage of water and aquatic life. Design and placement of culverts and other structures` 1� including temporary erosion control measures shall not be conducted in a manner that may result irk' dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. - \ The,estaablishment:of-native; woody_vegetation.and-other-soft:stream:bank=stabilization:techniques must be su ed_where_practicabte instead•of rip•rap•ar other•bank-hardening_methods. If rip -rap is I 1 necessary;_it: shall:not_be-placed:in-.the,stream-be d,-unless specifically approved by the Division of �. Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please sendP hotogr phs upstream and downstream of each culvert site to document correct installation alonwith the Certificate of Completion form. Mr. Steve S. Whitt and Martin Marietta Materials, Inc. Page 6 of 6 August 3, 2007 12. Certificate of Completion Upon completion of all work approved within the 40I Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Winston-Salem, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. If this Certification is unacceptable to you, you have the right to an ad judicatory hearing upon written request within sixty (60) days Following receipt of this Certification. This request must be in the forth of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Winston-Salem, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 3`d day of Aug 2007 DIV ON F W UALITY Coleen H. Sullins, Director 3672 CHS/cbk/ijm A T�9P �0 v Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements Coleen H. Sullins, Director Division of Water Quality In accordance with 15A NCAC 2H.0500, Mr. Steve S. Whitt and Martin Marietta Materials, Inc., have permission as outlined below to fill or otherwise impact 2.7 acres of 404/wetland, 130.linear feet of intermittent stream, and 10'00-square feet-ofZone-l-Neuse-River_basin protected riparian buffers and 0:00.square.fe`—oofZone2 Neuse-Rive basin .protect ed'riparian buffers, to construct the proposed'IVlartin Marietta Selma Quarry, which is located on the cast and west sides of Bear Farm Road (SRI914), approximately 0.5 mites north of U.S. Highway 70, adjacent to the Neuse River, approximately 2 miles southeast of Wilson's Mills, in Johnston County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT #: 20070861 LOCATION_: t Near Wilson's Mills COUNTY Johnston BASIN/ SUB BASIN Neuse/03020201 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of -wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one -quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 2-7_Acres-404/Wetl9n_d_ =2:7,Acres-404/Wetland=1 One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 070861 Martin MariettaSelmaQuarry(Johnston)401_1C—EEP NOne �IhCarOlina 401 Oversight/Express Review Permitting Unit atlllYl!!lf 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-17861 Fax (919) 733-6893 Internet: http://www.ncwaterquality,org An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper DWQ Project No.: Applicant: Project Name: Certification of Completion County: Date of Issuance of Certification or Authorization: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial' compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction 'was observed to be built within' substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date �ZST Op Q G f�4Tf:5 lff +•tf' • Regulatory Division [a.TF 0 I D% 41 DEPARTMENT OF THE ARMY LUZJLA - 01 WILMINGTON DISTRICT, CORPS OF ENGINEERS 5�0 P.Q. SOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 Aug gush 2007�. Action ID. SAW-2007-01798 Martin Marietta Materials, Inc. Attn: Mr, Steven S. Whitt Post Office Box 30013 Raleigh, NC 27622-0013 Dear Mr. Reynolds: rA �'a _ I ITilf Dd AUG � - 1001 DENR - WATER QUALITY 1HETLn^ILLS 4%+0.5T,, yWNATI:.R BRANCH Reference our June 6, 2007, Public Notice for the proposed impacts associated with the construction of the Martin Marietta Materials, Inc. Selma Quarry, near Selma, Johnston County, North Carolina. Impacts associated with the project included 2.7 acres of wetlands and 130 linear feet of stream channel lacking important aquatic functions. All streams and adjacent wetlands within the proposed project site drain to the Neuse River in the Neuse River Basin. After review of your proposal, a letter dated June 13, 2007, was received from the North Carolina Wildlife Resources Commission. The letter-,raises-concerns:regarding-the.filling.of-z� wetlarids.and:piping-of streams,. and suggested-severaI-measures-to-further_reduce the impact proppsed=work. Included within these measures are items such as the possible use of bridges, maintaining- forested- buffers:on-streams-and-a-100-foot-buffer-on- thC NeusCRiVer a monitoring/contingency,pIan-for,nutrient=input ifit :I. eNeuse R'i —eer,-5ediment-and,erosion-control; protection=of=rema ing landsTst reams. and:buffers;-and--fu�tkr-minimization=of-the:current Lpacts. We are forwarding a copy of this lctter for your review, consideration and comment. Please provide a written response to these issues within 30 days. If you have any questions or concerns, please contact +Mr Cho[ryas-Brown:at:O_:1.9):876-- 44:1, extension 22 or at the letterhead address. 55,�ZZ Sincerely, can B. Mzrnuele Chief, Raleigh Regulatory Field Office Attachment +�V UInas j - 1Ojywil e Copy Furnished with attachments: Ms. Cyndi Karoly NCDWQ 1650 Mail Service Center Raleigh, NC 27699-1650 Todd TugwelI Kimley-Horn and Associates, Inc. Post Office Box 33068 Raleigh, NC 27636-3068 RECEIVED DEPARTMENT 4F THE ARMY PERMIT MAY 0 -5 2008 RALEIGH REGULATORY FIELD OFFICE Permittee: MARTIN MARIETTA MATERIALS, INC. MR. STEVEN S. WHITT 2.7 GEC Permit No: SAW-2007-01798 issuing office: USAED, WILMINGTON 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 the office acting under the authority of the commanding officer. You are authorized to perform work in the accordance with the terms and conditions specified below. Project Description: The project, known as Martin Marietta Materials, is a 503-acre aggregate quarry site, which will include the construction of all required infrastructure, including the processing facilities, transportation network, screening berm, and the mine pit. The lifespan of the project as shown is expected to be. approximately 50 years. Construction of the project will result in the unavoidable loss of 2.7 acres of riparian wetland, and 130 linear feet of an intermittent unnamed tributary to the Neuse River that did not exhibit important aquatic function. No Neuse River buffer impacts would result from this project.. Project Location: The project, known as Martin Marietta Materials, Selma Quarry, is located on the east and west sides of Bear Farm Road (SR 1914), approximately 0.5 miles north of U.S. Highway 70, adjacent to the Neuse River, approximately 2 miles southeast of Wilson's Mills, Johnston County, North Carolina. The center coordinates of the site are (latitude/longitude) 35.5686' N, 78.3197' W. The site contains wetlands and several unnamed tributaries to the Neuse River in the Neuse River Basin (Hydrologic Unit Code 03020201). Permit Conditions: General Conditions: 1. The time Limit for completing the work authorized ends on December 31, 2033. 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 Conditions 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 eligible for listing in the National Register of Historic Places. ENG Form 1721, Nov 86 EDrrIONS OF SEP 82 IS OBSOLETE. (33 DI, R 325 (Append&A)) 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. 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 ATTAC14ED 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). { X) 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. 2 *U.S. GOVERNNIEN'r PRIM PING OFFICE: 1986 — 717-425 SPECIAL CONDITIONS Action ID. 2007-01798• Martin Marietta Materials Incorporated, Mr. Steven _S._Whitt) Work Limits 1. All work authorized by this permit must be performed in strict compliance with the attached plans (Exhibit A), which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. Except as authorized by this permit or any USACE 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. 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 or wetlands. Related Laws 4. All mechanized equipment will 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 Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Project Maintenance 5. The permittee shall advise the USACE in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. Additionally, prior to beginning the work authorized by this permit, the permittee shall hold a pre -construction meeting with the USACE, Raleigh Regulatory Field Office Project Manager (available at telephone 919-554-4884) with the USACE and the contractor who will perform the authorized work. 6. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 7. 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, shall be available at the.project site at all times during construction and maintenance of this project. 8. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an unacceptable increase in sedimentation or turbidity within waters and wetlands outside the permit area. 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 must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 9. 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. 10. For the installation of the culvert at the stream crossing, the pipe inverts will be buried at least one foot below the surface of the wetland for culverts greater than 48 inches in diameter. For culverts 48 inches in diameter or smaller, culverts must be buried below the bed of the surface of the wetland to a depth equal to or greater than 20 percent of the diameter of the culvert. A waiver from the depth specifications in this condition may be requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of complying with this condition would result in more adverse impacts to the aquatic environment. 11. 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. Enforcement 12. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 2 Mitigation 13. In order to compensate for impacts to for impacts to 2.7 acres of riparian wetlands the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 5.4 acres of riparian wetland within the Neuse River Basin (HUC 03020201 Construction within Jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and provided a written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. 3