19980623 Ver 3_More Info Received_20220803

Strickland, Bev
From: Thomas Brown <[e-mail]>
Sent: Wednesday, August 3, 2022 8:09 PM
To: Brown, David W CIV USARMY CESAW (USA)
Cc: Homewood, Sue; Jones, M Scott (Scott) CIV USARMY CESAW (USA); Brian North; Jay
Nivens
Subject: [External] Martin Marietta Hickory Quarry, SAW-2011-01934
Attachments: MMM Hickory Quarry Response to Public Notice Comments 8-3-2022.pdf;
MMM_Hickory Quarry SOA_ Starker Mitigation Site.pdf; Hickory Quarry DMS
Acceptance Letter.pdf
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David,
Please see the attached response to the public notice comments. Thank you for your help with this project.
If you need any other information, please feel free to reach out to us.
Thanks again,
Thomas Brown, PWS
Wetland Specialist I East Division
Martin Marietta
2235 Gateway Access Point
STE 400, Raleigh, NC 27607
m. (919) 268- 5297
e. [e-mail]
www.martinmarietta.com
1

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August 3, 2022
Mr. David Brown
Wilmington District USACE
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Dear Mr. Brown:
Thomas Brown
Wetland Specialist, East Division
Thank you for your comments dated July 5, 2022 associated with our May 9, 2022 permit application for
Denver Quarry, AID: SAW-2011-01934. Below you will find our responses (underlined) to each item in
your request.
1. The Corps has reviewed and evaluated the applicant's stream and wetland assessments. Based
upon this review, compensatory mitigation will be required at a 2:1 ratio for both stream and
wetland impacts.
As requested, Martin Marietta (MMM) is proposing to mitigate for stream and wetland impacts
at a 2:1 ratio. MMM is proposing to purchase 860 warm water stream credits from the Water &
Land Solutions, LLC sponsored WLS Catawba 01 Umbrella Mitigation Bank. Please see the
attached letter for explanation of credit availability. MMM will not begin construction until all
credits are released and transferred. MMM is also proposing to purchase 0.5 wetland credits
from the NCDMS. This acceptance letter is also attached.
2. Copy the Corps on the applicant's responses to any N.C. Division of Water Resources' (DWR)
request for additional information for this project.
MMM did not receive a request for more information directly from the NC DWR, but please see
the response below to NCDWR's comment letter to the Corps' in response to the Public Notice.
DWR Comments:
I. The applicant states that they have explored the option of hauling the material off site and
provides reasons why this option is not financially viable. The Division requests that you consider:
a. The applicant states that there is no local offsite location where the material could be
hauled but they have not provided any information regarding what was considered "local"
and why they were unable to identify any viable options.
East Division
2235 Gateway Access Point
m. [phone] e. [e-mail]
www.martinmarietta.com

Mr. David Brown
August 3, 2022
Page 2
b. The applicant provides cost estimates to move material off site; however, they do not
define how these estimates were produced. Specifically what distance range was used to
calculate an estimated transportation cost for material.
MMM has identified a Construction and Demolition Landfill approximately 12.5 miles from the
Hickory Quarry. After this site was identified, a local hauling contractor was contacted for a quote.
The cost to haul this overburden material from Hickory Quarry to the landfill was quoted at $12
per cubic yard which is directly in line with the estimates given in the application. Due to the
changing cost of fuel, this quote could go up. Initial conversations with the landfill were positive
and if the material was found to be suitable for their use, there would be no tipping fee. It is
however unknown if the landfill could handle this much material within our timeline
(approximately 75,000 truckloads or 750,000 cubic yards). As explained in the application, due to
the total cost of hauling material off site (a minimum of $9 million) and the unknown timeline,
this alternative is not practicable.
2.The applicant has proposed a 1:1 mitigation ratio due to the medium quality of the stream. The
Division requests that you consider whether the current functional quality of the stream is a result
of adjacent activities conducted by the applicant (mining, overburden storage, recent timbering)
and therefore should not support a reduced mitigation ratio.
Please see the revised mitigation plan as explained above.
We believe that the above responses and the attached items satisfy the public notice comments. Please
feel free to reach out if you have any other questions or need any additional information to continue
processing this permit.
Sincerely,
Thomas Brown, PWS
Wetland Specialist, East Division
Attachments:
- MMM_Hickory Quarry SOA_Starker Mitigation Site
- Hickory Quarry DMS Acceptance Letter

WATER & LAND"
SOLUTIONS
WLS Catawba 01 Umbrella Mitigation Bank
Statement of Availability August 3, 2022
U.S. Army Corps of Engineers
Krysta Stygar
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Re Project: HICKORY QUARRY
This document confirms that MARTIN MARIETTA MATERIALS, INC. (Applicant) for the
HICKORY QUARRY (Project) has expressed an interest to utilize 860.00 Warm Stream Mitigation
Credits from the Water & Land Solutions, LLC sponsored WLS Catawba 01 Umbrella Mitigation Bank,
specifically 860.00 warm stream credits from the Starker Site, in the Catawba HUC 03050101. As the
official Bank Sponsor, Water & Land Solutions, LLC, attests to the fact that 511.51 stream credits are
available and currently in inventory for reservation at this time. WLS anticipates an additional release of
1,448.50 warm stream credits by February 28, 2023. The projected releases will satisfy the Project's
remaining credit need of 349 warm stream credits.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 239-322-7276.
Best Regards,
Riane Fisher
Water & Land Solutions, LLC
7721 Six Forks Road, Suite 130
Raleigh, NC 27615

ROY COOPER
Governor
ELIZABETH S, BISER
Secretary
MARC RECKTENWALD
NORTH CAROLINA
Director Environmental Quality
May 4, 2022
Thomas Brown
Martin Marietta Materials
2235 Gateway Access Point, STE 400
Raleigh, NC 27607
Expiration of Acceptance: 11/4/2022
Project: Hickory Quarry County: Catawba
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Catawba
03050102
Warm Stream
430
Catawba
03050102
Riparian Wetland
0.25
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact [e-mail].
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M) TH CARCII iNn
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Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976