20210106 Ver 1_Approval Letter_20211220

DocuSign Envelope ID: 7B50EF06-305F-450D-BAB9-4F421BD1C748
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 20, 2021
DWR # 20200106
Lincoln County
Martin Marietta Materials
Attn: Mr. Ron Kopplin
2235 Gateway Access Point, STE 400
Raleigh NC 27607
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Denver Quarry Expansion and Stream Relocation
USACE Action ID. No. SAW-2021-00253
Dear Mr. Brown:
Attached hereto is a copy of Certification No. WQC004572 issued to Mr. Ron Kopplin and Martin Marietta
Materials, dated December 20, 2021. This approval is for the purpose and design described in your
application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality 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. [15A
NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee 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.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality 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 Water Quality 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.
Upon the presentation of proper credentials, the Division may inspect the property.
D ��� North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center Raleigh, North Carolina 27699-1650
NORIN GAHOLINA +
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DocuSign Envelope ID: 7B50EF06-305F-450D-BAB9-4F421BD1C748
Martin Marietta Materials
DWR# 20210106
Individual Certification #WQC004572
Page 2 of 9
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Sue Homewood at 336-776-9693 or Sue. [e-mail] if you have
any questions or concerns.
Sincerely,
DOCUSignn�eJd by:
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NORTH CAROLINA
919.707.9000

DocuSign Envelope ID: 7B50EF06-305F-450D-BAB9-4F421BD1C748
Martin Marietta Materials
DWR# 20210106
Individual Certification #WQC004572
Page 3 of 9
Electronic cc: Zan Price, Jennings Environmental
Steve Kichefski, USACE Asheville Regulatory Field Office
Todd Bowers, EPA
Olivia Munzer, NCWRC
DWR MRO
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20210106_DenverQua rryExp(Li ncol n)_401_IC.docx
D E Q�� North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
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DocuSign Envelope ID: 7B50EF06-305F-450D-BAB9-4F421BD1C748
Martin Marietta Materials
DWR# 20210106
Individual Certification #WQC004572
Page 4 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004572 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, Mr. Ron Kopplin 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
Resources (Division) on August 6, 2021 and subsequent information on December 8, 2021, and by Public
Notice issued by the U. S. Army Corps of Engineers and received by the Division on September 8, 2021.
The State of North Carolina certifies that this activity will comply with water quality requirements and
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.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
Strea m
Site S1— Road crossing
100 (linear feet)
0 (linear feet)
Site S2 — Stream relocation / restoration
1,749 (linear feet)
0 (linear feet)
Site S2 — Stream loss
62 (linear feet)
0 (linear feet)
Site S3 — Stream restoration
198 (linear feet)
0 (linear feet)
Site S4 — Stream loss
124 (linear feet)
0 (linear feet)
Site S5 — Stream restoration
221 (linear feet)
0 (linear feet)
Site S6 — Stream loss
171 (linear feet)
0 (linear feet)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Mitigation for stream losses and road crossings, as shown in the Impact Table above must be
provided for the proposed impacts as specified in the table below. The Division has received an
acceptance letter from the RES Environmental Banc & Exchange LLC Mitigation Bank— Dogtown Site
to meet this mitigation requirement. Until the Mitigation Bank 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 RES Environmental Banc & Exchange LLC Mitigation Bank — Dogtown Site Mitigation Bank to
meet the following compensatory mitigation requirement:
Compensatory Mitigation Required
River and Sub -basin Number
Stream
457 (linear feet)
Catawba
03050101
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NORTH CAROLINA
919.707.9000

DocuSign Envelope ID: 7B50EF06-305F-450D-BAB9-4F421BD1C748
Martin Marietta Materials
DWR# 20210106
Individual Certification #WQC004572
Page 5 of 9
2. You have our approval for your proposed final stream relocation and restoration plan as depicted in
the application documents. The relocated stream shall be constructed, maintained, and monitored
according to the plans submitted on August 6, 2021 and subsequent information on December 8,
2021. The Permittee shall provide red -line as -built drawings to the Division upon completion of
construction. Tree planting shall occur between November 151" and March 151" following
completion of construction. Any repairs or adjustments to the site must be made according to the
approved plans or must receive written approval from this Office.
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
The Permittee shall implement the Stream Relocation Monitoring Plan submitted to the Division on
December 8, 2021. The site shall comply with the Performance Standards submitted to the Division
on December 8, 2021. If the Division determine that the site fails to meet the Performance
Standards, the Division may require the Permittee to conduct maintenance or repair activities,
continue to monitor the site beyond the initial 7-year monitoring period and/or provide alternative
compensation for relocation impacts to Stream A. The stream relocation and associated protected
buffers must be preserved in perpetuity by use of a conservation easement or other similar
mechanism. The Permittee shall submit a copy of the draft protection mechanism and a map
showing the limits of the protected area to the Division for review and approval prior to conducting
any impacts authorized in this Certification.
Citation: 15A NCAC 02H .0506(b)(2) and (c)(2); 15A NCAC 02H .0507(c)
4. Stormwater runoff from impervious surfaces shall be addressed in one or more of the regulated
programs: an approved Sediment and Erosion Control Plan, a NPDES stormwater permit, a NPDES
wastewater permit, a Mining Permit, or a Division approved Stormwater Management Plan.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
5. The permittee shall report to the DWR Mooresville Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the permittee became aware of the non-
compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of
the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
7. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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).
D E Q�� North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
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DocuSign Envelope ID: 7B50EF06-305F-450D-BAB9-4F421BD1C748
Martin Marietta Materials
DWR# 20210106
Individual Certification #WQC004572
Page 6 of 9
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200; 15A NCAC
028.0231
9. Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas, then placement of such measures shall not be conducted in a
manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence
installed within wetlands shall be removed from wetlands and the natural grade restored within two
(2) months of the date that DEMLR or locally delegated program has released the specific area
within the project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 02B
.0231
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring,
record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC
028.0231
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 Department of Transportation
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200
13. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes, sills,
step -pool structures, etc. shall be designed and installed in such a manner that allow for continued
aquatic life movement.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
14. 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. If the width of the culvert is wider than
the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to
maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low
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North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1650 Mail5ervice Center I Raleigh, North Carolina 27699-1650
NOJ T� C
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DocuSign Envelope ID: 7B50EF06-305F-450D-BAB9-4F421BD1C748
Martin Marietta Materials
DWR# 20210106
Individual Certification #WQC004572
Page 7 of 9
flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed
such that they receive only flows above bankfull.
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 the culvert outlet is submerged within a pool or scour hole and designed to
provide for aquatic passage, then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes
of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening
the slope have been investigated and aquatic life movement/connectivity has been provided when
possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting
documentation to include a location map of the culvert, culvert profile drawings, and slope
calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there is
sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall
be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If
bedrock is discovered during construction, then DWR shall be notified by phone or email within 24
hours of discovery.
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.
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
15. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes
the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231
16. 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.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028 .0231
17. All proposed and approved 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
D E Q�� North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
NOM— CAPC1LN4
aeo•n,�m or �,vo-�mema augury 919.707,9000

DocuSign Envelope ID: 7B50EF06-305F-450D-BAB9-4F421BD1C748
Martin Marietta Materials
DWR# 20210106
Individual Certification #WQC004572
Page 8 of 9
cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted
sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H .0507(c)
18. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
19. Any rip -rap 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 rip -rap shall be placed such that the original streambed elevation and streambank
contours are restored and maintained and shall consist of clean rock or masonry material free of
debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de-
stabilization of the stream bed or banks upstream or downstream of the area or be installed in a
manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
20. Any rip -rap used for stream stabilization shall be of a size and density to prevent movement by
stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants.
Rip -rap shall not be installed in the streambed except in specific areas required for velocity control
and to ensure structural integrity of bank stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
21. 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 be performed in a manner to prevent, to the maximum extent practicable,
contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
22. In accordance with 143-215.85(b), the permittee 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.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
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North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1650 Mail5ervice Center I Raleigh, North Carolina 27699-1650
NOJ T� C
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DocuSign Envelope ID: 7B50EF06-305F-450D-BAB9-4F421BD1C748
Martin Marietta Materials
DWR# 20210106
Individual Certification #WQC004572
Page 9 of 9
23. The permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d)
of the Clean Water Act), and any other appropriate requirements of State and Federal Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
24. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a
copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available
at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(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
Certification. [15A NCAC 02H .0507(c)]
This, the 201" day of December 2021
F9Ocu49D91BA53EF4EO...
S
igned by:
eW
W
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
PAW/sl h
WQC004572
D E Q�� North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
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