20021374 Ver 2_Approval Letter_20130724

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Acting Director Secretary
July 24, 2013
DWQ# 02- 1374V2
Mecklenburg County
Mr. John Tiberi
Martin Marietta Materials, Inc.
2710 Wycliff Road
Raleigh, NC 27607
Subject: Approval of 401 Water Quality Certification with Additional Conditions, Martin Marietta
Dear. Mr. Tibed:
You have our approval, in accordance with the general certification and those conditions listed below,
for the purpose proposed in your modified application dated June 28, 2013 and received by the Division of
Water Quality (the Division) on July 9, 2013. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3886, which can be viewed on our web site
at http: / /portal.ncdenr.org /web /wg /swp /ws /401. The General Certification allows you to use Nationwide Permit
Number 14 once it is issued to you by the U.S. Army Corps of Engineers (COE). 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.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. In addition to the requirements of the certification, you must also comply
with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
140 linear ft.
Wetland
0
3. The slopes of the road crossings shall be well stabilized. Matting and vegetated cover is preferred. If rip rap
(rock) is utilized it shall be installed and /or the slopes constructed so that slippage, loss of rock, into the
stream does not occur.
4. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
Mooresville Regional Office
Location- 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone [phone]\Fax [phone] Customer Service, 1- 877 - 623 -6748
Internet http //portal ncdenr.org/webtwq
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
Wf Carolina
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DWQ #:02- 1374V2 '
5. Culverts placed in streams/wetlands shall be installed "in the dry". Existing stream dimensions (including
the cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored via
constructed benches) above and below the location of each culvert.
6. Additional stream impacts may require mitigation, including the impacts approved by this certification.
7. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. If dprap is necessary, it shall not be placed in the
streambed, unless approved by the Division.
8. Stormwater discharge structures at this site shall be constructed in a manner such that the receiving streams
(of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream
banks.
9. A written storm water management is required. A storm water plan required via other required permits
shall suffice for this condition.
10. No sedimentlerosion control measures, 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 Preconstruction Notification application
without approval from the Division.
11. This approval is only valid for the purpose and design that you described in your application. If you change
your project, you must notify us in writing, and you may be required to send us a new application for a new
certification. 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.
12. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the Division.
13. Continuing Compliance. The applicant (Martin Marietta, Inc.) shall conduct all activities in a manner so as not
to contravene any state water quality standard (including any requirements for 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 to include
conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A
NCAC 2H.0507(d). Before codifying the certification, the Division shall notify the applicant 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 the applicant 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.
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 1508 by filing
a written petition for an administrative hearing to the Office of the 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.
Within sixty (60) 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, 8:00 am to 5:00 pm, excluding state holidays).

DWQ #: 02- 1374V2
The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1) 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. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
If sending via delivery service (UPS, FedEx, etc)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285
This letter completes the review of DWQ under Section 401 of the Clean Water Act. If you have any
questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704 - 663 -1699 or Ms.
Karen Higgins in the Central Office in Raleigh 919 - 807 -6360.
Sincerely,
G
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality
Richard Broughton, Martin Marietta, 2000 Center Point Dr., Suite 2325, Columbia, SC 29210