20020787 Ver 1_COMPLETE FILE_20020521

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O Nii? IC
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
May 31, 2002
Catawba County
DWQ Project #: 02-0787
APPROVAL OF 401 Quality Certification
Martin Marietta Aggregates
Attn: Don Moe, Senior VP
Charlotte District
Post Office Box 240635
Charlotte, NC 28224-0635
Dear Mr. Moe:
You have our approval, in accordance with the attached conditions and those listed below, to impact 100 feet of waters for the
purpose of providing a temporary crossing at Clarks Creek to allow access to Martin Marietta's Hickory Quarry as you described in
your application dated May 21, 2002. After reviewing your application we have decided, this fill is covered by General Water Quality
Certification Number 3366. This certification allows you to use Nationwide Permit Number 33 when the Corps of Engineers issues it.
In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited
to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will
expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If you
change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the new owner
must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise
provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone John Domey at 919-733-1786 or Mike Parker at our Mooresville Regional Office at 704-663-1699.
Sincerely,
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Raleigh Division of Land Resources
Ro J. Tho , Pfi
?M?
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (hftp://h2o.enr.state.nc.us/ncwetlands
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No..
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Mr. Don Moe Senior VP
Mailing Address: Martin Marietta Materials, Inc
P.O. Box 240635
Charlotte NC 28224
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: For questions regarding this application brian northCa?iimnimnarietta com
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Temporary Crossing of Clarks Creek at Hickory Quarry
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 371211753337
4. Location
County: Catawba Nearest Town: Hickory, NC
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): From I-40 East, take Exit 125
(Lenior-Rhyne Blvd.) Turn left and cross back over I-40. Take a right at the second stop
li >ht 11°i Ave. SE). Hickory Quarry is located at the end of this paved road.
5. Site coordinates, if available (UTM or Lat/Long): N350 43.16', W81° 18.35'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Existing _quarry serving the Hickory market for crushed stone products.
7. Property size (acres): 322 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Clarks Creek
9. River Basin: Catawba River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt :/p /h2o.enr.state.ne.us/admin/maps/.)
Page 6 of 13
10. Describe the purpose of the proposed work: To construct a temporary crossing; over
Clarks Creek for the removal of fill material for the NCDOT construction of the East Side
thoroughfare connecting to the new interchange at 1-40
11. List the type of equipment to be used to construct the project: Haul trucks will be used
to transport shot rock and rip-rap to form the crossing A front end loader will be used to
smooth the material and place cleanstone on top of the rip-rap A back-hoe will be used to
lower the 60" pipe into the creek before any placement of rock material No equipment will
operate within the stream channel itself for placement or removal of the crossing.
12. Describe the land use in the vicinity of this project: Hickory quarry is surrounded by
industrial and commercial development
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Clarks Creek was relocated in August of 1999 2400 linear foot of original stream channel was
relocated into 3800 linear foot of new stream channel along the North and east side of the pit.
COE Action ID#199830934 and DWO 401 Certification #980623 were obtained prior to this
relocation. The new channel was constructed of extracted rock and is fully stabile Streambank
vegetation is established, while on-going macrobenthos monitoring is taking; place every
Prior to the relocation., a permanent piped access across Clarks Creek was in glace and used daily
to access the area beyond the creek. No work will take place within 50' of the new channel
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
This project will allow the removal of overburden or fill material (above the native rock) such
that no future impacts should be required.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
Page 7 of 13
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.femg.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
I Culvert 100' Clark Creek 20' Perennial

List each impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain):
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Page 8 of 13
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.aov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozonc.com,
N"vw.map_quest.coni, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100'
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number

indicate on ma
Type of Impact* Area of
Impact

acres
(if Name p Waterbody
applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
NCDOT is proposing to construct a new roadway extension along the eastern side of Hickorv
Quarry. To remove the necessary fill material for the quarry for this project access is needed
across Clarks Creek The point of access is approximately l_ 4 high above the normal stream
elevation and approximately 20' wide. This access point was chosen to minimize the actual
stream channel banks and height disturbances, while providing the safest access across the creek
Page 9 of 13
Also, the location of the crossing is in an area that Clarks Creek flows straight and narrow.
Without the removal of this material this project would most likely require extensive trucking of
fill material from other locations that may also include potential impacts The location of this
access also minimizes the location of impacts associated with the NCDOT roadway construction
and the required fill material.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Upon removal of the temporary crossing Clarks Creek will be stabilized such that no
sediment will enter the creek. The disturbed areas of 100' along both sides of the banks will
be lined with rip-rap, very similar to the existing conditions that now exist in this area The
area will also receive the planting of wetland species riparian trees consisting of Swamp
Chestnut Oak, Water Tupelo Southern Waxmyrtle Hazel Alder, Red Maple, Rough eaf
Dogwood, Swamp Blackgum, Pond Pine, Bald Cypress and Willow Oak These plantings
will be obtained from the NC Division of Forest Resources Edwards Nursery in Morganton,
NC. These trees will be planted 10' on-center and staggered 3' up the bank and along the
Page 10 of 13
normal flow elevation for the entire impact length. Approximately 80 to 50 trees will be
planted in this distance. These plantings are similar in nature to the plantings and
methodology used when the stream channel was relocated in 1999.
IX.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at liup://h2o.enr.state.nc.us/wrp/index.litm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 11 of 13
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
cone i extends out su feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or. 0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Page 12 of 13
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes F-] No ?
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
May 6, 2002
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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MARTIN MARIETTA MATREIALS, INC.
TEMPORARY CROSSING OF CLARK'S CREEK
HICKORY QUARRY
NARRATIVE
Martin Marietta proposes to construct a temporary crossing of Clark's Creek at Hickory
Quarry. In 1999, Clarks Creek was diverted along the Northeast and Eastern side of the
property. NCDOT is currently constructing a roadway extension along the eastern side of
Martin Marietta's property, some of which has been taken for this construction. The roadway
construction will require over'/2 million yards of fill material. The closest location for that
material is at Hickory Quarry. Therefore, a temporary crossing is needed to access the fill
material for the NCDOT project. Martin Marietta does possess a "ford" crossing at the lower
end of the relocated channel but feels that this access would result in potential sediment
damage and undesirable conditions. A 60" CMP pipe is proposed within the channel, bedded
by an 8" layer of cleanstone. Once the pipe is installed, rip-rap will be placed to form the
crossing itself, along with a layer of cleanstone placed on top for truck traffic. At no time will
fill material be used to form the crossing nor will heavy machinery be allowed to work within
the creek. The rock access will allow the flow of Clarks Creek to pass through the 60" CMP
and the rock access itself. Based on the maps provided, the proposed crossing location lends
itself to minimal grading of the banks. The height of the stream channel bank is approximately
12', which will be sloped on either side of the crossing to allow vehicular access. No grading
will occur within the stream channel itself. Approximately 8' of rock will be placed within the
creek, minimizing the amount of actual grading of the creek banks to occur. The graded access
to the crossing will be immediately stabilized with cleanstone. Upon completion of the project,
the rock and 60" pipe will be removed from Clarks Creek and the banks will be stabilized with
the proposed vegetative plantings. This stream bank vegetation will consist of various species
to aid in temperature control and wildlife enhancement. These plantings will include species
such as, Swamp Chestnut Oak, Water Tupelo, Southern Waxmyrtle, Hazel Adler, Red Maple,
Roughleaf Dogwood, Swamp Blackgum, Pond Pine, Bald Cypress, and Willow Oak. All
plantings will be obtained from the North Carolina Forest Resources in Morganton, NC. The
planting specifications and recommendations will be strictly followed. The Corp of Engineers
and the North Carolina Water Quality Section are invited to inspect the project during and after
construction is completed.
616W WP33cvr&narr
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO March 1, 1999
Regulatory Division
Action ID. 199830934
Mr. Phillip J. Sipling
Martin Marietta Aggregates
Charlotte District Office-Carolina Division
Post Office Box 240635
Charlotte, North Carolina 28224-7740
Dear Mr. Sipling:
In accordance with the written request of July 1, 1998, and the ensuing administrative record,
enclosed is a Department of the Army (DA) permit to fill a 2,400 linear foot segment of Clark
Creek for the purpose of relocating the creek into a newly constructed 3,800 linear foot channel
at Martin Marietta's Hickory Quarry in Catawba County, North Carolina.
If any change in the authorized work is required because of unforeseen or altered conditions
or for any other reason, the plans revised to show the change must be sent promptly to this office.
Such action is necessary, as revised plans must be reviewed and the permit modified.
Carefully read your permit. The general and special conditions are important. Your failure to
comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before December 31, 2002.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
2
The enclosed Notice of Authorization, ENG Form 4336, must be conspicuously displayed at
your worksite.
Sincerely,
U `
Terry R. Youngblu
Colonel, U.S. Army
District Engineer
Enclosures
Copy Furnished with enclosures:
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm. 7316
Silver Spring, MD 20910-3282
Copies Furnished with special conditions
and plans:
Mr. John Hefner, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. William L.Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
RECEIVED
DEPARTMENT OF THE ARMY PERMIT
F E B 19 1999
Permittee Martin Marietta Aggregates REGULATORY
WILMINGTON FIELD OFFICE
Permit No. 199830934
Issuing Office CESAW-RG-A
NOTE: The tern "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: to discharge approximately 2,100 cubic yards of fill material into 2,400 linear feet
of Clark Creek for the purpose of relocating the creek into a newly constructed 3,800 linear foot
channel.
Project Location: Martin Marietta's Hickory Quarry, Catawba County, North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2002 If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one
month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix 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 &How representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(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
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERMITTEE) Mar rietta aterials Incorporated (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
c
Z--- - e?j -4?- ;?Ozn
Pr?D
CT ENGINEER) TE Y . YOUNGBLUTH, COLONEL (DATE)
en the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
ditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this
permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE)
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
SPECIAL CONDITIONS
1. All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit.
2. Before any work begins, the permittee and his contractor will meet onsite with a
representative of the U.S. Army Corps of Engineers to inspect the constructed channel before
flow is diverted into it.
3. The permittee will maintain the authorized work in good condition and in conformance with
the terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a third party.
4. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
5. If the permittee discovers any previously unknown historic or archeological remains while
accomplishing the authorized work, he will immediately notify the Wilmington District Engineer
who will initiate the required State/Federal coordination.
6. This Department of the Army permit does not obviate the need to obtain other Federal, State,
or local authorizations required by law.
7. Thirty days prior to commencing land disturbing activity, a Sedimentation/Erosion Control
Plan will be filed with the Division of Land Resources, Land Quality Section, North Carolina
Department of Natural Resources and Community Development.
The Plan must:
(a) Include a scaled plat plan of the site, showing the affected areas as well as adjacent
properties, which may be affected. Include contours, if available.
(b) Indicate critical areas such as wetlands, creeks, streams, drainways, marsh etc.
(c) Include a brief narrative describing the activities to be undertaken and a construction
schedule.
(d) Indicate on the plat the measures to be utilized to prevent sediment from entering
adjacent properties, such as location of silt fences, silt basins, diversion ditches, hay
barriers, areas to be seeded, etc.
2
(e) Include any other pertinent information directed at controlling off-site sedimentation,
slope degradation and erosion.
Note: The Plan is required whenever the proposed activity is to be undertaken on a tract
comprising more than one acre, if more than one contiguous acre is to be uncovered.
8. The permittee will adhere to conditions outlined in the state NCDENR water quality
certification (#980623) issued for the project.
9. Stream channel mitigation requirements:
(a) The new relocated channel will be built in accordance with the submitted plans entitled
"Creek Relocation Cross Section". The plan includes the establishment and construction
of meanders, pool areas, root wad installation, woody vegetation plantings along the top
of the streambank, and streamside woody vegetation plantings.
(b) Once water is diverted from the old channel to the new channel, the permittee will salvage
as many redbreast sunfish, bluehead chubs, and creek chubs as possible from the old
channel for placement into the new channel. In addition, woody riparian vegetation
along the existing channel will be transplanted as much as possible to the riparian zone
of the new channel.
(c) The new channel will be constructed in the dry and stabilized with rock and vegetation
prior to turning flow into it.
(d) Once the stream mitigation is completed, a report will be submitted to our office outlining
the as built specifications of the channel for our review. Photos will be included with the
report.
(e) Macroinvertebrate monitoring will be conducted for a period of 3 years in the new
channel. Reports will be generated by the monitoring and a copy of this report will be
submitted to our office for review.
(f) After tree planting is completed in the new riparian zone, no mining or other land
disturbing activity will be conducted within 50 feet of the top of the bank along both sides
of the entire relocated channel.
(g) Natural resource agency personnel who commented on the public notice will be invited to
inspect the new channel construction before flow is turned into it.
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state of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Brian North
Martin Marietta Inc.
PO Box 240635
Charlotte, NC 28224
Dear Mr. North:
4 • •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 22, 1998
U ?. Q 7.8 71
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Clark Creek - Hickory Quarry Expansion
WQC Project # 980623 COE # 199830954
Catawba County
Attached hereto is a copy of Certification No. 3202 issued to the Martin Marietta Associates
dated September 22, 1998.
If we can be of further assistance, do not hesitate to contact us.
ely,
on H.
FreVow?,J,
ments
Attach
980623.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Roger Bryan; Fish and Wildlife Associates
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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. It is issued to Martin
Marietta resulting in 1,600 linear feet of stream impact in Catawba County pursuant to an
application filed on the 26' day of August 1998 to expand the Hickory quarry on Clark Creek.
The application provides adequate assurance that the discharge of fill material into the
waters of Clark Creek in conjunction with the proposed development will not result in a violation
of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302,
303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the Public Notice. If you change your project, you must notify us
and send us a new application for a new certification. 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. If total wetland fills for this project (now or in the future exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7).
For this approval to be valid, you must follow the conditions listed below. In addition, you
should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge
and Water Supply watershed regulations.
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of two manuals. Either the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North Carolina
Surface Mining Manual" (available from the Division of Land Resources in the
DEHNR Regional or Central Offices). The control practices shall be utilized to prevent
exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh
water streams and rivers not designated as trout waters; 25 NTUs in all lakes and
reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
4. Should waste or borrow sites be located in wetlands or other waters, compensatory
mitigation will be required since it is a direct impact from road construction activities;
5. Mitigation shall be done as described in the Public Notice. Macrobenthos Monitoring
shall be done for three additional years after channel relocation. DWQ shall be copied
on the annual reports for this monitoring period. An as-built plan shall be sent to DWQ
upon completion.
Violations of any condition herein set forth shall result in revocation of this Certification
and may result in criminal and/or civil penalties. This Certification shall become null and void
unless the above conditions are made conditions of the Federal 404 and/or coastal Area
Management Act Permit. 7iis Certification shall expire upon expiration of the 404 or CAMA
permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must
be in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. 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 22 day of September 1998
DIVISION OF WATER QUALITY
Oe on Howar' , Jr. P. .
WQC # 3202
Martin Marietta Aggregates
Charlotte District
P.O. Box 240635
Charlotte, North Carolina 28224-0635
Telephone: [phone]
Fax: [phone]
May 16, 2002
Mr. Steve Chapin
United States Corp of Engineers
151 Patton Ave., Room 143
Asheville, NC 28801-5006

y 1
MAY 2 2002
Re: NWP 33 - Temporary Crossing Application for Clarks Creek (PCN Application)
Martin Marietta's Hickory Quarry
Dear Mr. Chapin:
4t
Based on our recent phone conversation, I have provided the Pre-Construction Notification
application requesting approval for a NWP-33 to temporarily access across Clarks Creek at
Martin Marietta's Hickory Quarry. This quarry is located off of Lenoir-Rhyne Blvd., in
Catawba County. The attached drawings and maps outline the proposed location, layout and
mitigation activities required by your Department. Due to the nature of this project, little
impact is proposed of Clarks Creek. Primarily, this impact will involve the placement of a 60:
pipe and rip-rap across the creek to allow access for fill material for an adjacent NCDOT
project. Upon completion of the desired fill material, the access will be removed and the areas
stabilized according tot he information provided in the application. By copy of this letter, Mr.
Dorney is officially notified for Section 401 Certification approval.
If you have any questions, please contact me at [phone] or e-mail me at
brian.north a martinmarietta.com.
Sincerely,
MARTIN MARIETTA MATERIALS, INC.
? KA__
Brian K. North. PE
Sr. Environmental Engineer
cc: John Dorney, NCDENR
616W WP33cvr&narr
"8l54Iw US M1aff9 amgfsrislc w A
--------- ----------- ------------ ??V?`
VENDOR NO.
DATE
CHECK NO.
v ' 155242
P.O. BOX 30013 RALEIGH
NORTH CAROLINA 27622-0013 =05/15/02 140280
,
DATE M(O1CEICREDIT GROSS ANIT. ADJ, DESC- DISCOUNT NET AMOUNT
05/06/02 155242050602 200.00 Wetlands Fee 401 Cert 200.00
HE ATTACHED CHECK IS IN PAYMENT
OR ITEMS DESCRIBED ABOVE TOTAL: 200.00 200.00
00014028011' 1:0 5 3 1090841: 6263 09314911'