20111013 Ver 2_Approval Letter_20130515

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Pat McCrory Charles Wakild, P E
Governor Director
May 15, 2013
Mr Paxton Badham
Martin Marietta Materials
2710 Wycliff Road
Raleigh, NC 27607
Natural Resources
John E Skvarla, III
Secretary
DWQ # 11 -1013
Craven /Beaufort Counties
Subject APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Martin Marietta Materials — Vanceboro Site
USACE Action ID No SAW -2011 -02235
Dear Mr Badham
Attached hereto is a copy of Certification No 3956 issued to Mr Paxton Badham and Martin Marietta
Materials, dated May 15, 2013 This Certification replaces the one issued for this project on May 9, 2013
Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge,
and Water Supply Watershed regulations
This approval and its conditions are final and binding unless contested This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) A petition form
may be obtained from the OAH at http / /www ncoah com/ or by calling the OAH Clerk's Office at (919)
431 -3000 for information
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee
is received in the OAH during normal office hours (Monday through Friday between 8 OOam and 5 OOpm,
excluding official state holidays)
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission
Wetlands, Buffers, Stormwater — Compliance and Permitting (Webscape) Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NorthCarolina
Location 5 N Salisbury St Raleigh, North Carolina 27604 �atura!!�
Phone [phone] FAX [phone] Customer Service 1- 877 - 623 -6748
Internet www ncwaterquality org

Mailing address for the OAH
If sending by First Class Mail
via the US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Mr Paxton Badham
Martin Marietta Materials
Individual Certification #3956
Page 2 of 6
If sending via delivery service
(e g UPS, FedEx)
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWQ
If sending by First Class Mail
via the US Postal Service
Karen Higgins
NC DENR -DWQ — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
If sending via delivery service
(e g UPS, FedEx)
Karen Higgins
NC DENR -DWQ — Webscape Unit
512 N Salisbury Street
Raleigh, NC 27604
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H 0500 Contact Cyndi Karoly at 919 - 807 -6380 or Cyndi Karolygncdenr gov if you have any
questions or concerns
Sincerely,
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Chuck Wakild, P E
cc Amy Adams, DWQ Washington Regional Office
William Wescott, USACE Washington Regulatory Field Office
Cyndi Karoly, Wetlands and Stormwater Branch Manager
Tom Belnick, Supervisor, Complex NPDES Permitting Unit
Chad Evenhouse, Kimley -Horn and Associates, Inc, 3001 Weston Parkway, Cary, NC 27513
Maria Dunn, NC Wildlife Resources Commission
Heather Jacobs Deck, Pamilco -Tar Riverkeeper, P O Box 1854, Washington, NC 27889
DWQ Webscape Unit
Filename MartmMariettaVanceboro (Beaufort/Craven)I1- 1013mod

Mr Paxton Badham
Martin Marietta Materials
Individual Certification #3956
Page 3 of 6
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3956 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95 -217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H 0500
and 15A NCAC 02B 0200, to Mr Paxton Badham and Martin Marietta Materials, who have authorization
for the impacts listed below, as described within your application received by the N C Division of Water
Quality (Division) on November 21, 2011 and subsequent information in the file record, and by Public
Notice issued by the U S Army Corps of Engineers and received by the Division on January 4, 2012
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in accordance with the
application, the supporting documentation, and conditions hereinafter set forth
This approval requires you to follow the conditions listed in the certification below.
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 are
approved including incidental impacts
2 Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below The Division
has received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this
mitigation requirement Until the EEP receives and clears your payment, and proof of payment has
been provided to this Office, no impacts specified in this Authorization Certificate shall occur For
accounting purposes, this Authorization Certificate authorizes payment to the EEP to meet the
following compensatory mitigation requirement:
Amount Approved
Plan Location or Reference
Wetlands
(Units)
Tar 030307
404 Wetlands
6 69 (acres)
U S Army Corps of Engineers, Public
Notice December 7, 2012
2 Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below The Division
has received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this
mitigation requirement Until the EEP receives and clears your payment, and proof of payment has
been provided to this Office, no impacts specified in this Authorization Certificate shall occur For
accounting purposes, this Authorization Certificate authorizes payment to the EEP to meet the
following compensatory mitigation requirement:
Compensatory Mitigation
Required
River and Sub -basin
Number
Wetlands
6 75 (acres)
Tar 030307

Mr Paxton Badham
Martin Marietta Materials
Individual Certification #3956
Page 4 of 6
No waste, spoil, solids, or fill of any kind, including overburden stockpiling and disposal, shall occur
in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -
Construction Notification for this project 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
Approved plans and specifications for this project are incorporated by reference and are enforceable
parts of this permit
4 Sediment 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 and
if applicable, comply with the specific conditions and requirements of Mining Permit No 07 -57
issued by the Division of Land Resources on September 7, 2011
a Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in Mining Permit
No 07 -57 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
b For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with Mining Permit No 07 -57
c Reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Mining Act of 1971
d Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times
e Sediment and erosion control measures shall not be placed in wetlands or waters Exceptions
to this condition require application submittal to and written approval by the Division If
placement of sediment and erosion control devices in wetlands and waters is unavoidable,
then design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis- equilibrium of wetlands, 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 Energy, Mineral and Land Resources (DEMLR) or locally delegated program has
released the specific area within the project
5 Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in
contact with the disturbed area Approved best management practices from the most current version of
the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance
Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be
used to minimize excavation in flowing water
6 If concrete is used during the construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state Water that inadvertently contacts
uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and
possible aquatic life /fish kills

Mr Paxton Badham
Martin Marietta Materials
Individual Certification #3956
Page 5 of 6
7 All temporary fill and culverts shall be removed and the impacted area returned to natural conditions,
within 60 days of the determination that the temporary impact is no longer necessary The impacted
areas shall be restored to original grade, including each stream's original cross sectional dimensions,
plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with
natural woody vegetation (except approved maintenance areas) and restored to prevent erosion
8 All temporary pipes /culverts /riprap pads etc, shall be installed in all streams as outlined in the most
recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as
not to restrict stream flow or cause dis- equilibrium
9 Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity
All riprap shall be buried and /or "keyed in" such that the original stream elevation and streambank
contours are restored and maintained Placement of riprap or other approved materials shall not result
in de- stabilization of the stream bed or banks upstream or downstream of the area
10 Any riprap used for stream stabilization shall be of a size and density so as not to be able to be carried
off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris
or toxic pollutants Riprap shall not be installed in the streambed except in specific areas required for
velocity control and to ensure integrity of bank stabilization measures
11 A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas including
riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams Any fertilizer
application must comply with all other Federal, State and Local regulations
12 Martin Marietta Materials shall implement a monitoring plan to include water table monitoring of onsite
wetlands in close proximity to the active pit, as well as offsite wetlands adjacent to the site, and
reference wetlands as described in the application materials These monitoring efforts shall be used to
ensure that perimeter ditches are managed to maintain wetland hydrology in wetland areas outside the
approved impact locations This monitoring plan shall also include measures to monitor physical and
chemical stability of headwater streams to ensure that the project does not result in violation of water
quality standards The Division shall be provided an annual report summarizing the results of these
monitoring efforts
13 Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters
and protective buffers within the project boundaries in order to assure compliance for future wetland,
water and buffer impact These mechanisms shall be put in place at the time of recording of the
property, or of individual lots, whichever is appropriate A sample deed notification can be downloaded
from the 401 /Wetlands Unit web site at http //h2o enr state nc us /ncwetlands The text of the sample
deed notification may be modified as appropriate to suit to this project Documentation of deed
notifications shall be provided to the Division upon request
14 This Certification does not relieve the applicant of the responsibility to obtain all other required Federal,
State, or Local approvals

Mr Paxton Badham
Martin Marietta Materials
Individual Certification 43956
Page 6 of 6
15 Continuing Compliance
Mr Paxton Badham and Martin Marietta Materials 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 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 Before modifying the Certification, the Division shall notify Mr Paxton Badham and
Martin Marietta Materials and the U S Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 02H 0503 and provide opportunity for public hearing in accordance with 15A NCAC
02H 0504 Any new or revised conditions shall be provided to Mr Paxton Badham and Martin
Marietta Materials in writing, shall be provided to the U S 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
16 This approval is for the purpose and design described in your application and as described in the Public
Notice The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification If you change your project, you must notify the Division and you
may be required to submit a new application package with the appropriate fee If the property is sold,
the new owner must be given a copy of this Certification and is responsible for complying with all
conditions Any new owner must notify the Division and request the Certification be issued in their
name
17 The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the
DWQ Webscape Unit within ten days of project completion (available at
http //portal ncdenr orWweb/wq/swp/ws/40 I /certsandperm its/apply/forms)
18 This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal business
hours
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 The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification
Non - compliance with or violation of the conditions herein set forth may result in revocation of this
Certification and may also result in criminal and/or civil penalties
This the 15th day of May 2013
DIVISION OF WATER QUALITY
Charles Wakild, P E
Director
3956