19980623 Ver 2_Approval Letter_20120105

FECDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakdd P E
Governor Director
January 5 2012
Mr Daniel Shephard
Martin Marietta Materials Inc
P O Box 30013
Raleigh NC 27622 0013
Re Martin Marietta Hickory Quarry Catawba County
DWQ #19980623 Ver 2 USACE Action ID No SAW 2011 01934
APPROVAL of 401 Water Quality Certification
Dear Mr Shephard
Dee Freeman
Secretary
Attached hereto is a copy of Certification No 3202 issued to Mr Daniel Shephard and Martin Marietta
Materials Inc dated January 5 2012 This Certification replaces the Certification issued September
22, 1998 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
.� u
ol
Charles Wakild P E
irector
C W/kah/ym
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 Asheville Regulatory Field Office Wilmington District USACOE
Alan Johnson DWQ Mooresville Regional Office
DLR Mooresville Regional Office
File Copy
Filename 070861MartinMariettaHickoryQuarry(Catawba)401_[C
Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center Raleigh North Carolina 27699 1650
Phone [phone] FAX [phone]
Internet http//portaIncdenrorg/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer

Martin Marietta Hickory Quarry
Page 2 of 5
January 5 2012
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 Daniel Shephard and Martin Marietta Materials Inc are
authorized to fill or otherwise impact 80 linear feet of perennial stream to construct the proposed Martin
Marietta Hickory Quarry expansion which is located 1989 11 th Avenue SE Hickory Catawba County
North Carolina, pursuant to an application dated September 7 2011 and received by the DWQ on October
13 2011 and by Public Notice by the U S Army Corps of Engineers issued on the 21" day of October of
2011 and by additional information received on January 4 2012
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
302 303 306 307 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 other impacts to
wetlands streams and/or buffers are approved including incidental impacts
Type of Impact
Amount Approved Units
Plan Location or Reference
Stream perennial
80 (linear feet)
Application and Public Notice
2 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
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

Martin Marietta Hickory Quarry
Page 3 of 5
January 5 2012
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 Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division If placement of sediment and erosion control devices in wetlands and
waters is unavoidable design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis equilibrium of wetlands or stream beds or banks
adjacent to or upstream and downstream of the above structures All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project
5 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
6 Mr Daniel Shephard 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 2H 0507(d) Before
modifying the Certification the Division shall notify Mr Daniel Shephard and 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 Mr Daniel Shephard 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
7 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

Martin Marietta Hickory Quarr)
Page 4 of 5
January 5 2012
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 [phone] if you have any questions concerning payment into a
restoration fund For accounting purposes, this Authorization Certificate authorizes
payment into the Wetlands Restoration Fund to meet the following compensatory
mitigation requirement
Type of Impact
Compensatory Mitigation Required
River and Sub basin Number
Stream perennial
80 (linear feet)
Catawba/03050102
8 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 peimit (NCGO10000) administered by DWQ is automatically issued
to the protect 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 or are part of a
common plan of development of that size] 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 //portal ncdenr org/c /document library /get file9uuid= dl5e7ee8 cb50 443f 9dcf
049b00l337ac&groupId=38364
9 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
(httn / /www ncdot ors/doh/onerationsBMP manuaUdownloadBMP Manual Ddf)
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 pattern 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 such 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 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 culverts and other structures

Martin Marietta Hickory Quarry
Page 5 of 5
January 5 2012
including temporary erosion control measures shall not be conducted in a manner that may result to
d ►s 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 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 protect Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form
10 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 Wetlands Buffers Stormwater Compliance and Permitting
(WeBSCaPe) Unit North Carolina Division of Water Quality 1650 Mail Service Center
Raleigh 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 adludicatory 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 6714 Mail Service Center Raleigh N C 27699 6714 If
modifications are made to an original Certification you have the right to an adlud ►catory 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 5th day of January 20
7 DIVI N
OF WAT QU TY
gl%Ch les Wakild PE
►rector
3202
C W/kah/ym

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakdd P E Dee Freeman
Governor Director Secretary
North Carolina Division of Wa,er Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H 0500 Mr Daniel Shephard and Martin Marietta Materials Inc are authorized
to fill or otherwise impact 80 linear feet of perennial stream to construct the proposed Martin Marietta Hickory
Quarry expansion which is located 1989 l Ph Avenue SE Hickory Catawba 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
NC EEP NAME
Hickory Quarry — Martin Marietta Materials!
DWQ PROJECT #
19980623 Ver 2
LOCATION
Hickory
COUNTY
Catawba
BASIN/ SUB BASIN
Catawba/03050102
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
�-80 Lmear Feet of Stream
80 Linear Feet of Stream
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
[phone]
Filename 070861MartmMariettaHickoryQuarry (Catawba)401_IC_EEP
Wetlands Buffers Stonmwater Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center Raleigh North Carolina 276991650
Phone [phone] FAX [phone]
Internet http //portal ncdenr org /web /wq /ws
An Equal Opportunity 1 Affirmative Action Employei