20031023 Ver 3_Approval Letter IWP_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 Isolated and Other Non-404 Jurisdictional Wetlands and Waters
Permit with Additional Conditions
Martin Marietta – Rocky Point Quarry (Areas 2, 2A)
USACE Action ID. No. SAW-2002-00036

Dear Mr. Roberts:

Attached hereto is a copy of Permit No. IWP000006 issued to Larry Roberts and Martin Marietta dated
December 10, 2020. This Permit 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 Certification No. 004238
issued December 10, 2020 to Martin Marietta for mining in Areas 2, 2A and 3 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 Permit 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 [phone] 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 [phone], 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
Permit # IWP000006
Page 2 of 8

Mailing address for the OAH:

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 Permit shall be final and binding.

This Permit completes the review of the Division under 15A NCAC 02H .1300. Please contact Paul Wojoski
at 919-707-9105 or [e-mail] 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)_IWP

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
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Permit # IWP000006
Page 3 of 8

NORTH CAROLINA ISOLATED AND OTHER NON-404 JURISDICTIONAL
WETLANDS AND WATERS PERMIT

PERMIT # IWP000006 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 15A NCAC 02H .1300 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 permit below.

The following impacts are hereby approved. No other impacts are approved, including incidental impacts.
[15A NCAC 02H .1305(d)]
Area 2
Type of Impact

Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Isolated Wetlands
W16 1.18 (acres) 0 (acres)
W24 0.03 (acres) 0 (acres)
W23 0.02 (acres) 0 (acres)
W19 0.01 (acres) 0 (acres)
W20 0.01 (acres) 0 (acres)
W21 0.01 (acres) 0 (acres)
W25 2.47 (acres) 0 (acres)

Total for
Area 2
Isolated
Wetlands
3.73 (acres) 0 (acres)

Area 2A
Type of Impact

Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Isolated Wetlands
W26 0.01 (acres) 0 (acres)
W27 0.02 (acres) 0 (acres)
W33 0.02 (acres) 0 (acres)
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Permit # IWP000006
Page 4 of 8

W35 0.18 (acres) 0 (acres)
W36 0.05 (acres) 0 (acres)
W42 4.60 (acres) 0 (acres)
W39 0.35 (acres) 0 (acres)
W37 0.09 (acres) 0 (acres)
W38 0.06 (acres) 0 (acres)

Total for
Area 2A
Isolated
Wetlands
5.38 (acres) 0 (acres)

1. 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) Until NCFUM
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 to meet the following compensatory
mitigation requirement [15A NCAC 02H .1305(c)]:
Phase 1 – Impact Area 2

Compensatory Mitigation
Required
River & Sub-basin Number
Isolated
Wetlands
3.73 (acres) Cape Fear
03030007

Phase 2 – Impact Area 2A

Compensatory Mitigation
Required
River & Sub-basin Number
Isolated
Wetlands
5.38 (acres) Cape Fear
03030007

2. Prior to any impacts authorized by Permit, 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 prior to impacts. [15A
NCAC 02H .1305]

3. If monitoring indicates loss of water resources beyond the impacted authorized by this Permit, as
determined by DWR, then compensatory mitigation will be required pursuant to 15A NCAC 02H .1305.
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Permit # IWP000006
Page 5 of 8

4. 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 .1305(b) and (c)]

5. 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 Permit.
Any modifications to the project require notification to DWR and may require an application submittal
to DWR with the appropriate fee. [15A NCAC 02H .1301 and .1302]
6. 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 Permit. [15A NCAC 02H .1301 and .1302]
7. 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).
8. 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 Permit. [15A NCAC 02H .1305]
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02H .1305]
10. 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 .1305]
11. 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 .1305(b)]

12. 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.
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Permit # IWP000006
Page 6 of 8

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.
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. [15A NCAC 02H .1305(b)]
13. 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]
14. No temporary impacts are allowed beyond those included in this Permit. 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 .1305(b)]
15. 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 Permit. [[15A NCAC 02H .1305(b)]
16. 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
.1305(b)]
17. 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 .1305(b) and 15A NCAC 02B .0211 (12)]
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Permit # IWP000006
Page 7 of 8

18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .1305(b)]
19. 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.
20. 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 Permit.
Before modifying the Permit, 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 .1304(c)]
21. 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 .1304(c)]
22. If the property or project is sold or transferred, the new Permittee shall be given a copy of this Permit
(and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC
02H .1304(c)]
23. This Permit neither grants nor affirms any property right, license, or privilege in any waters, or any right
of use in any waters. This Permit does not authorize any person to interfere with the riparian rights,
littoral rights, or water use rights of any other person and this Permit does not create any prescriptive
right or any right of priority regarding any usage of water. This Permit 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 Permit 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.
24. This Permit grants permission to the director, an authorized representative of the Director, or DWR
staff, upon the presentation of proper credentials, to enter the property during normal business hours.
[15A NCAC 02H .1302(d)]
25. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this Permit for the project and may also result in criminal and/or civil penalties.
Martin Marietta
Rocky Point Quarry
DWR# 20031023v3
Permit # IWP000006
Page 8 of 8

26. The permittee shall report to the Wilmington Regional Office any noncompliance with this Permit, 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 weekend 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. [15A NCAC 02H .1304(c)]
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 Permit.
[15A NCAC 02H .1304(c)(2) and 15A NCAC 02H .1305]

This the 10th day of December 2020

Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Division of Water Resources

PAW

IWP000006