HomeMy WebLinkAbout20031023 Ver 3_Approval Letter_20201210
December 10, 2020
DWR # 20031023 v3
Pender County
Martin Marietta
ATTN: Mr. Larry Roberts
413 S. Chimney Rock Road
Greensboro, NC 27409
Subject: Approval of Individual 401 and Isolated Water Quality Certification with Additional
Conditions
Martin Marietta – Rocky Point Quarry (Areas 2, 2A and 3)
USACE Action ID. No. SAW-2002-00036
Dear Mr. Roberts:
Attached hereto is a copy of Certification No. WQC004238 issued to Larry Roberts and Martin
Marietta dated December 10, 2020. This Certification is issued in addition to the Certification No.
3452 issued March 15, 2004 to Martin Marietta for the mining of Area 1 at Rocky Point Quarry and
Isolated Waters Permit No. IWP000006 issued December 10, 2020 to Martin Marietta for mining in
Areas 2 and 2A at Rocky Point Quarry. The conditions of both remain unchanged an in effect unless
modified by the Division. Please note that you should get any other federal, state or local permits
before proceeding with the subject 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) within sixty (60) calendar days.
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. 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 8:00am and 5:00pm, 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.
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Individual Certification #WQC004238
Page 2 of 9
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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 and 15A NCAC 02B .0200. Please contact Paul Wojoski at 919-707-9105 or
Paul.Wojoski@ncdenr.gov if you have any questions or concerns.
Sincerely,
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Division of Water Resources
cc: Thomas Brown, Martin Marietta (via email)
Emily Greer, USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20031023v3MartinMariettaRockyPointQuarry(Pender)_IC
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Individual Certification #WQC004238
Page 3 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004238 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 to
Mr. Larry Roberts and Martin Marietta who have authorization for the impacts listed below, as described
within your application received by the N.C. Division of Water Resources (Division) on December 4, 2019 and
fee received December 10, 2019 and subsequent information on May 19, 2020, July 28, 2020, August 10,
2020, and December 9, 2020 and by Public Notice issued by the U. S. Army Corps of Engineers and received
by the Division on January 23, 2020.
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. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Area 2
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Stream
S2 1,693 (linear feet) 0 (linear feet)
404/401 Wetlands
W14 1.82 (acres) 0 (acres)
W44 0.11 (acres) 0 (acres)
W18 7.89 (acres) 0 (acres)
Open Waters
P1 0.32 (acres) 0 (acres)
P2 0.74 (acres) 0 (acres)
Total For
Area 2
Stream 1,639 (linear feet) 0 (linear feet)
404/401
Wetlands
9.82 (acres) 0 (acres)
Open Waters 1.07 (acres) 0 (acres)
Area 2A
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Individual Certification #WQC004238
Page 4 of 9
Stream
S2 2,917 (linear feet) 0 (linear feet)
S4 1,686 (linear feet) 0 (linear feet)
S5 201 (linear feet) 0 (linear feet)
Jurisdictional Ditch
JD10 522 (linear feet) 0 (linear feet)
404/401 Wetlands
W28 0.07 (acres) 0 (acres)
W29 0.14 (acres) 0 (acres)
W30 0.28 (acres) 0 (acres)
W34 0.01 (acres) 0 (acres)
W41 5.27 (acres) 0 (acres)
Total For
Area 2A
Stream 4,804 (linear feet) 0 (linear feet)
Jurisdictional
Ditch
522 (linear feet) 0 (linear feet)
404/401
Wetlands
5.77 (acres) 0 (acres)
Area 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
W3 39.85 (acres) 0 (acres)
Total For
Area 3
404/401
Wetlands
39.85 (acres) 0 (acres)
2. Mitigation must be provided for the proposed impacts as specified in the tables below. The Division
has agreed to allow the permittee(s) to pay their stream and wetland mitigation fees as each phase of
the project’s construction and the associated impacts, are imminent. The Division has received an
acceptance letter from the Northeast Cape Fear Umbrella Mitigation Bank (NCFUM) and the NC
Division of Mitigation Services (DMS) to meet this mitigation requirement. Until NCFUM and/or DMS
receives and clears your payment for a specific phase, 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 NCFUM and DMS to meet the following
compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Individual Certification #WQC004238
Page 5 of 9
Phase 1 – Impact Area 2
Compensatory Mitigation
Required
River & Sub-basin Number
Stream 3,386 (linear feet) Cape Fear
03030007
Wetlands 19.64 (acres) Cape Fear
03030007
Phase 2 – Impact Area 2A
Compensatory Mitigation
Required
River & Sub-basin Number
Stream 7,721 (linear feet) Cape Fear
03030007
Wetlands 11.54 (acres) Cape Fear
03030007
Phase 3 – Impact Area 3
Compensatory Mitigation
Required
River & Sub-basin Number
Wetlands 39.85 (acres) Cape Fear
03030007
3. Prior to any impacts authorized by certification, Martin Marietta must update the Modified
Alternative Pumping Plan as required by Water Quality Certification #3452, dated March 14, 2004 (and
modified on May 14, 2004, May 20, 2004, March 14, 2013 and August 11, 2014) to address monitoring
locations impacted by the mine expansion. Written approval must be provided by DWR. [15A NCAC
02H .0506]
4. If monitoring indicates loss of water resources beyond the impacted authorized by this certification, as
determined by DWR, then compensatory mitigation will be required pursuant to [15A NCAC 02H
.0506]
5. A copy of any surface water monitoring plan as required by the Division of Energy, Mineral and Land
Resources NPDES Permit and/or Mining Permit shall be submitted to the Division prior to the
commencement of mining activities. Additional surface water monitoring requirements may be added
by the Division upon review of the surface water monitoring plan(s) approved by the Division of
Energy, Mineral and Land Resources. [15A NCAC 02H .0506(b)(5)]
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Individual Certification #WQC004238
Page 6 of 9
6. This approval is for the purpose and design described in your application and as described in the Public
Notice and as amended in supplemental information supplied to the Division. The plans and
specifications for this project are incorporated by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require an
application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501 and
.0502]
8. All construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A
Article 4 (Sediment and Pollution Control Act of 1973).
9. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H .0501
and .0502]
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201]
11. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
project is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
12. All work in or adjacent to streams 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. [15A NCAC 02H .0506(b)(3) and (c)(3)]
13. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered
and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream
above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing
the depth of the stream in connection with the construction activity. The width, height, and gradient of
a proposed culvert shall be such as to pass the average historical low flow and spring flow without
adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)].
Placement of culverts and other structures in streams shall be below the elevation of the streambed by
one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for
culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and
aquatic life.
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Individual Certification #WQC004238
Page 7 of 9
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross
section as closely as possible including pipes or barrels at flood plain elevation and/or sills where
appropriate. Widening the stream channel shall be avoided.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or
bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction
of the floodway that may result in destabilization of streams or wetlands.
14. If concrete is used during 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. [15A NCAC 02B .0200]
15. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed, and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored
to original grade, including each stream’s original cross-sectional dimensions, planform pattern, and
longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native
vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as
outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of
Transportation Best Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H .0506(b)(2)
and (c)(2)]
17. 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. [15A NCAC 02H
.0506(b)(2)]
18. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal,
State, or Local approvals before proceeding with the project, including those required by, but not limited
to Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer
regulations.
19. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to
prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
Construction shall be staged in order to minimize the exposure of equipment to surface waters to the
maximum extent practicable. Fueling, lubrication and general equipment maintenance shall not take
place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and oils. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Individual Certification #WQC004238
Page 8 of 9
20. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
21. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of
amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that
cannot be cleaned up within 24 hours.
22. Mr. Larry Roberts and Martin Marietta 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. [15A NCAC
02B .0200] 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. Larry Roberts and Martin
Marietta 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. Larry Roberts and Martin Marietta 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. [15A NCAC
02H .0507(d)(2)]
23. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the DWR
website https://edocs.deq.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
24. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
25. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any
right of use in any waters. This Certification does not authorize any person to interfere with the riparian
rights, littoral rights, or water use rights of any other person and this Certification does not create any
prescriptive right or any right of priority regarding any usage of water. This Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights or other
rights to water use. No consumptive user is deemed by virtue of this Certification to possess any
prescriptive or other right of priority with respect to any other consumptive user regardless of the
quantity of the withdrawal or the date on which the withdrawal was initiated or expanded.
26. 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. [15A NCAC 02H .0502(e)]
27. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this Certification for the project and may also result in criminal and/or civil penalties.
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Individual Certification #WQC004238
Page 9 of 9
28. The permittee shall report to the Wilmington Regional Office any noncompliance with this certification,
any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B
.0200]. Information shall be provided orally within 24 hours (or the next business day if a weeke nd or
holiday) from the time the applicant became aware of the circumstances. A written submission shall
also be provided within 5 business days of the time the applicant becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case-by-case basis.
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. 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. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
This the 10th day of December 2020
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Division of Water Resources
PAW
WQC004238