20110309 Ver 1_Approval Letter_20110609

Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
June 9, 2011
DWQ Project # 11 0309
Onslow County
Martin Marietta Materials, Inc.
Attn: Dan Shephard and Nuwan Wijesuriya
PO Box 30013
Raleigh, NC 27622-0013
Subject Property: Martin Marietta Onslow Quarry, Richlands
Approval of 401 Water Quality Certification with Additional Conditions
Dear Messrs. Shephard and Wijesuriya :
You have our approval, in accordance with the attached conditions and those listed below, to
permanently impact 80 linear feet (0.018 acres) of perennial stream and 0.35 acres of riparian wetlands
for the construction of a truck haul road and necessary safety improvements for truck access to the new
limestone mining area, as described within your application dated March 25, 2011 and received by the
Wilmington Regional office (WiRO) on April 1, 2011 and additional information received on May 23
and 27, 2011. After reviewing your application, it has been determined that the impacts are covered by
General Water Quality Certification Number(s) 3821 (GC3821). This Certification can also be found on
line at: http://portal.ncdenr.org/web/swp/ws/401/certsand ermits/ cs#regional. The Certification allows
you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge, and stormwater regulations. 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
Permit.
This approval is for the purpose and design that you described in your application. The approved plans
and specifications for this project are incorporated by reference and are an enforceable part of the
permit. If you change your project, you must notify us and you may be required to send us a new
application. Additional wetland impacts that may cause the impacts to exceed the 0.5 acre
threshold will be required to be submitted as an Individual Permit application. The cumulative
impacts to this site are now 0.491 acres. 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 fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any additional conditions
listed on the following pages.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405 One
Phone: [phone] / FAX: [phone] North Carolina
Internet: www.ncwaterauality.org Naturally
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
50% Recycled/ 10% Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Resources
Page Two
Martin Marietta Materials, Inc.
Attn: Dan Shephard and Nuwan Wijesuriya
DWQ # 11 0309
June 9, 2011
The Additional Conditions of the Certification are:
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 other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Wetlands 0.35 acres Figure 4 (attached)
Figure 8 and cross section (attached)
Stream
non-stream tributary
80 linear feet (0.018 acre) Figure 4 (attached)
Figure 6 and 7 (attached
,
Open Water N/A
2. Sedimentation and Erosion Control
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
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 Pre-Construction Notification. 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.
Page Three
Martin Marietta Materials, Inc.
Attn: Dan Shephard and Nuwan Wijesuriya
DWQ # 11 0309
June 9, 2011
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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.
5. Protective Fencing
The outside 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 wetland or water prior to any land disturbing (usually covered by fencing wetlands
within 50' of any ground disturbance);
6. Construction Stormwater Permit NCGO10000
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 (NCGO10000) 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. A/h2o. enr. state. nc. us/su/Forms Documents htin.
7. "Re-opener" Clause
Martin Marietta Materials, Inc. and their authorized agents shall conduct its 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. Martin Marietta Materials, Inc. shall require their contractors
(and/or agents) to comply with all of the terms of this Certification, and shall provide each of
its contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be
included in the construction contract and available on the job site at all times. If DWQ 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, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15A
NCAC 2H.0507(d). Before modifying the certification, DWQ shall notify Martin Marietta
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 Martin Marietta Materials, Inc. in
Martin Marietta Materials, Inc.
Attn: Dan Shephard and Nuwan Wijesuriya
DWQ # 11 0309
June 9, 2011
Page Four
writing, and 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.
8. 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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification shall
expire upon expiration of the 404 or CAMA Permit.
If you wish to contest any conditions in the enclosed certification (associated with the approved wetland
or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition
form from the office of Administrative hearings. You must file the petition with the office of
Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings
Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays.
The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This certification and its conditions are final and binding unless you ask for a hearing.
Martin Marietta Materials, Inc.
Attn: Dan Shephard and Nuwan Wijesuriya
DWQ # 11 0309
June 9, 2011
Page Five
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 Ian McMillan in the Central Office in Raleigh at
919.807.6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7215.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
Attachments
Enclosures: GC 3821
Certificate of Completion
cc: Ian McMillan - DWQ 401 Wetlands and Stormwater Branch, Raleigh
David Bailey - USACE Wilmington Regulatory Field Office
Stephen Rynas, DCM Morehead City
WiRO

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