HomeMy WebLinkAbout20050688 Ver 2_Approval Letter_20070625o~~~ W A r~Rp~
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 25, 2007
Mr. Steve Whitt
Martin Marietta Materials, Inc.
P.O. Box 30013
Raleigh, NC 27622-0013
Re: Martin Marietta East Alamance Quarry Expansion, Alamance County
DWQ #20050688, Ver. 2; USACE Action ID. No. SAW-2005-21057-201
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Whitt:
Attached hereto is a copy of Certification No. 3669 issued to Mr. Steve Whitt and Martin
Marietta Materials, Inc., dated June 25, 2007. In addition, you should get any other federal, state
or local permits before you go ahead withyouur project including (but not limited to) Solid
Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water
Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Si ely,
oleen H. Sullins, Director
CHS/cbk/ijm
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE
Daryl Lamb, DWQ, Winston-Salem Regional Office
DLR Winston-Salem Regional Office
File Copy
Central Files
Harlan Britt, Kimley-Horn and Associates, Inc., 3001 Weston Parkway, Cary, NC 27513
Filename: 050688Ver2MartinMariettaEastAlamanceQuarryExpansion(Alamance)401_IC
401 OversightlExpress Review Permtts Unit
1650 Mail Service Center, WinstonSalem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-6893 l Internet: http://h2o.enr.state.nc.us/ncwetlands
Nye Carolina
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An Equal OpportunitylAffinnative Action Employer- 50% Recycledll0°k Post Consumer Paper
Mr. Steve Whitt and Martin Marietta Materials, Inc.
Page 2 of 5
June 25, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Steve Whitt and Martin
Marietta Materials, Inc., to fill or otherwise impact 0.44 acres of 404/wetland, and 5,326 linear feet
of (3,0441inear feet perennial stream impact, and 2,2821inear feet intermittent stream impact), to
construct the proposed Martin Marietta East Alamance Quarry expansion, which is located south
of Sandy Cross Road (SR1752) and west of NC State Highway 49, approximately 4 miles north of
Interstate 40/85, exit 150, in Alamance County, North Carolina, pursuant to an application dated
November 13, 2006 and received by the DWQ on November 17, 2006, and by Public Notices by
the U.S. Army Corps of Engineers issued on the 28th day of November 28 of 2006 and Apri125,
2006, (received by DWQ on November 28, 2006, and Apri127, 2007, respectively), with
additional information received on February 5, 2007, April 18, 2007, and June 18, 2007.
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302,303, 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 are approved including incidental impacts:
T e of Im act Amount A roved Units Plan Location or Reference
404/Wetland 0.44 acres A lication and Public Notice
Stream - erennial 3,044 linear feet A lication and Public Notice
Stream -intermittent 2,282 linear feet A lication and Public Notice
Mr. Steve Whitt and Martin Marietta Materials, Inc.
Page 3 of 5
June 25, 2007
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of ar~y kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the 404/401Permit Application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur;
4. 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 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. Steve Whitt and Martin Marietta Materials, Inc. shall conduct construction activities
in a manner consistent with State water. quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. If the Division determines that
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards
and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Mr. Steve Whitt and Martin Marietta Materials,
Mr. Steve Whitt and Martin Marietta Materials, Inc.
Page 4 of 5
June 25, 2007
Inc., and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Steve Whitt
and Martin Marietta Materials, Inc. in writing, shall be provided to the United States
Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Miti ation:
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 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 (919) 733-5205 if
you have any questions concerning payment into a restoration fund. You have 60
calendar days from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Re uired River and Sub-basin Number
Stream - erennial 3,044 (linear feet) Ca e Fear/03030002
8. Stream Relocation/Stream Restoration Plans
You have our approval for your proposed final stream relocation and restoration plans
with the requirement for Monitoring Level I as described within the joint State/Federal
agency Stream Mitigation Guidelines located at:
httn://www.saw.usace.army mil/wetlands/mitigation/stream mitigation html The stream
relocation and restoration must be constructed, maintained, and monitored according to
the plans approved by this Office. Any repairs or adjustments to the site must be made
according to the approved plans or must receive written approval from this Office to make
the repairs or adjustments. The restored stream must be preserved in perpetuity by use of a
conservation easement or other similar mechanism as part of the approved plans.
9. 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
Mr. Steve Whitt and Martin Marietta Materials, Inc.
Page 5 of 5
June 25, 2007
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
http•//h2o enr.state.nc.us/su/Forms Documents.htm.;
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 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Winston-Salem, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Winston-Salem, N.C. 27699-6714. If modifications are made to an original Certification, you
have the right to an adjudicatory hearing on the modifications upon written request within sixty
(60) days following receipt of the Certification. Unless such demands are made, this
Certification shall be final and binding.
This the 25th day of June 07
D~VI~ION ~i F V~t~TE UALITY
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oleen H. Sullins, Director
3669
CHS/cbk/ijm
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Steve Whitt and Martin Marietta Materials, Inc., to fill or otherwise
impact 0.44 acres of 404/wetland, and 5,326 linear feet of (3,044 linear feet perennial stream impact, and 2,282
linear feet intermittent stream impact), to construct the proposed Martin Marietta East Alamance Quarry expansion,
which is located south of Sandy Cross Road (SR1752) and west of NC State Highway 49, approximately 4 miles
north of Interstate 40/85, exit 150, in Alamance County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20050688, Ver. 2
LOCATION: Near Green Level
COUNTY Alamance
BASIN/ SUB BASIN Cape Fear/03030002
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).
Im acts Miti ation
3,044 Linear Feet of Perennial Stream 3,044 Linear Feet of Perennial 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
(919)733-5205
Filename: 050688 Ver2MartinMariettaEastplamanceQuarryExpansion(Alamance~101 _IC_EEP
Nye Cazolina
401 Oversight/Express Review Permitting Unit ~ ~'*~uCQ~s't/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone (919) 733-1786 / Fax (919) 733-6893
Internet: http://www.ncwaterquality.org
An Equal Opportunity/A~rmative Action Employer - 50% Recycled/10% Post Consumer Paper