SAW-2011-01934 STO Letter with Enclosures

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
ASHEVILLE REGULATORY FIELD OFFICE
151 PATTON AVENUE, ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
January 10, 2023
Regulatory Division
Action ID Number: SAW-2011-01934
Martin Marietta Materials, Incorporated
Mr. Ronald Kopplin
2235 Gateway Access Point, Suite 400
Raleigh, North Carolina 27607
Dear Mr. Kopplin:
Enclosed is a Department of the Army permit to impact to 430 If of stream channel
and 0.25 acres of wetlands associated with the Martin Marietta Hickory quarry facility
project. The Corps is issuing this permit in response to your written request of May 7,
2022 and the ensuing administrative record.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans
to the Corps showing the proposed changes. You may not undertake the proposed
changes until the Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your
failure to comply with these conditions could result in a violation of Federal law. Certain
significant conditions require that:
a. You must complete construction before December 31, 2027.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and
conditions.
d. In order to compensate for impacts associated with this permit, mitigation shall
be provided in accordance with the provisions outlined in the U.S. Army Corps of
Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer
Form. The requirements of this form, including any special conditions listed on

-2-
this form, are hereby incorporated as special conditions of this permit
authorization.
You should address all questions regarding this authorization to Crystal Amschler at
the Asheville Regulatory Field Office, telephone [phone] extension 4231.
FOR THE COMMANDER
/-� Sw,��
Scott Jones, PWS
Chief
Asheville Regulatory Field Offices
Enclosures
1 Appeals Form
2 Permit
3 Special Conditions
4 Plans
5 Water Quality Certification
6 Mitigation Transfer Form
cc (w/enclosures) (via email):
Byron Hamstead - U.S. Fish and Wildlife Service, Asheville Office
byron ham stead(a-)-fws.gov
Todd Bowers — U.S. U.S. Environmental Protection Agency, Region IV, Water
Management Division, Wetlands Protection Section
bowers.todd(a�epa.gov
Paul Wojoski — NC Department of Environmental Quality, Division of Water Resources,
401 & Buffer Permitting Branch
Pau l.woioski(a-)-ncdenr.gov
Sue Homewood — NC Department of Environmental Quality, Division of Water
Resources, Winston Salem Regional Office
sue. homewood(a-)-ncdenr.gov

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant:
File Number:
Date:
Martin Marietta Materials, Incorporated
SAW-2011-01934
01/10/2023
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
Z.
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg or
Corps regulations at 33 CFR W 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Philip Shannin, Administrative Appeal Review Officer
Attn: Crystal Amschler, Project Manager
CESAD-PDO
Asheville Regulatory Field Office
U.S. Army Corps of Engineers, South Atlantic Division
151 Patton Avenue, Room 208
60 Forsyth Street, Room 1OM15
Asheville, North Carolina 28801
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Crystal Amschler, 69 Darlington Avenue,
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip
Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta,
Georgia 30303-8801
Phone: [phone]

DEPARTMENT OF THE ARMY PERMIT
Perrnitte, Martin Marietta Materials, Inoorporalted
Pertttit 1�1t, SAW-201-01934
Issuing Office CESAVV-RGC
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terrns and conditions specified below.
Project Descriptiom
The Martin Marietta Hickory Quarry Facility project involves removal and disposal of an estimated 750,000 -cubic yurds of
overburden to uncover construetioh grade aggregate and mjimain aperations at the existing Hickory Quan-r site resutting in the
permanent impact to 4301inear feet of stream ohannel acid C.25 acres of wetlands.
Project Location
Project is looted at [Martin Mariettu's Hickory Quarry, Catawba County, Notth Carolina
Permit Conditions:
General Conditions;
9 _ The time limit for completing the work authorized ends on December 31, 2027 If you find that you need more time
to complete the authorized activity, submit your request for a time extension to this office For ouns:derotion at least
one month before the above date is reached-
2. You must maintain the activity authorized by this permit in goad condition and in conformance with the terms and
cod tions of this permit. You are not relieved of tnls requirement if you atbandon the permitted activity, aithough you
mey make a good fatith transfer to a third party in compliance with General Condition 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must
obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previcusly unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We wilt in ilate the Federal
and state coordination required to determine if the remains warrant a recovery affort or if the site is alig ible for listing
in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
ENO FORM 1721, N., 86 EDITION OF SEP 82I5 OBSOLETE. (33 CFR 325 (A ppe rrdix A))

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions
specified in the certification as special conditions to this perrnit. For your convenience, a copy of the certification is
attached if it contains such conditions.
fi. You must allow representatives from this office to inspect the authurized activity at anytime deemed necessary
to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions,
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1, Congressional Authorities: You have been authorized to undertake the activity described above pursuant to.
❑ Sectior) 10 of the Rivers and Harbcrs Act of 1899 (33 U-S,C_ 403).
U F718ectio 404 of the Clean Water Act (33 U-S_C. 1344).
❑ Section 103 of the Marine Protection. Research and Sanctuaries Act of 1972 (33 U,S.C, 1413).
2. Limits of this autho zatlon.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any Injury to the property or rights of others_
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. to issuing this permit, the Federal Gcvernmer-t does not assume any liability for the
follawing:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitled activities or
from natural causes-
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or
on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any Future modification, suspension, or revocation of this permit.
4_ Reliance on Applicant's Data: Tha determination of this office that issuance of this permit is not contrary tc the
public interest was made in reliance on the irtformatlorR you provided.
(REVERSE OF EAIG FORM 1721)

5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the
following:
a_ You fail to comply with the terms and conditions of this permit,
b. The information provided by you in support of your permit application proves to have been false,
incomplete, or inaccurate (See 4 above).
b. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325,7 or enforcement procedures such as those contained in 33 CFR
326A and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply
with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost,
6, Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit,
unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation
of the public interest decision, the Corps will normally give favorable consideration to a request for an extension
of this time limit,
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of
this permit.
41j-V \-4 , ,--4 1 �Z- ZZ- -
(PERMITTEE) MARTIN MARIETTA MATERIALS, INC. (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
540, FOR 10 JAN 2023
_
(DISTRICT COMMANDER) BENJAMIN A. BENNETT (DATE)
COLONIAL, U.S. ARMY
DISTRICT COMMANDFR
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the
terms and conditions of this permit will continue to be binding on the new owner(s) of the property_ To validate the
transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have
the transferee sign and date below,
(TRANSFEREE)
(DA TE)
OU.S. GUYERNNILN'r PRINTINO OFFICE: 1936 - 717-,W

SPECIAL CONDITIONS
Action I0: SAW-2611-01934
1. Nark Limits: All work authorial by this permit shall be performed in strjct compliance with
the attached permit plans provided with the application received lvlay 9, 2022, which are a part Of
this permit. The Permittee shall ensure that the construction design plats for this project do not
deviate firorn the permit plaits attached to this authorization. Any modification to the attached
permit plans must be approved by the U.S, Army Curp,5 of Engineers (Corps) prior to any active
construction in witters or wetlands.
2, Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps -
approved modification to this permit, no excavation, till ar mechanized land -clearing miVities
shall take place at any time in the construction or maintenance of this project, within waters or
wetlands. This }permit ducs nut authorize temporary placement cr double handling of excavated
or till material within waters or wetlands outside the permitted area, This prohibition applies to
ail borrow and fill activities oorinected with this project.
3. Permit Distribution: The Permittee shall require its contractors and/or agents to comply w!th
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 permit. A cupy of this permit, including all
conditions and drawings shall be available at the project site during construction and
maintenance of this project.
4. Notification of Construction Commencement and Completion: The Permittee shall notify
the U.S. Army Corps of Engineers in writing prior to beginning the work authorized by this
permit and again upon completion of the work authorized by this permit,
5. Reporting Address: All reports, documentation, and correspondence required by the
conditions of this permit shall be submitted to the following: U.S. Army Corps of Engineers,
Wilmington District Asheville Regulatory Field Office, Attu: Crystal Amschler, 151 Patton Ave
Room 208, Asheville, NC 28801, or Crystal.C.Amschler usace.army.mil, The Permittee shall
reference the following permit number, SAW-201 1-01934, on all submittals.
6. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this permit or
upon its expiration before completion of the work will, without expense to the United States and
in such time and manner as the Secretary of the Army or his authorized representative may
direct, restore the water or wetland to its pre -project condition.
7. Reporting Violations: Violation of these permit conditions or violation of Section 404 of the
Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported to the Corps in
writing and by telephone at: 828-271-7980 within 24 hours of the Permittee's discovery of the
violation.

8. Endangered Species Act: The Permittee shall implement all necessary measures to ensure
the authorized activity does not kill, injure, capture, harass, or otherwise harm ally federally
listed threatened or endangered species. While accomplishing the authorized work, if the
Permittee discovers or observes an injured or dead threatened or endangered species, the U.S.
Array Corps of Engineers, Wilmington District Asheville Field Office, Attn Ms, Crystal
Arnschicr at 151 Patton Avenue, Foam 208 or Crystal.C.Amschler usace.army.mil. will be
immediately notiFed to initiate the required Federal cuurdination.
9. Maintain Flows and Circulation Patterns of Waters; Except as specified in the plants
attached to this permit, no excavation, fill nr mechanized land -clearing activities shall take place
at any time in the construction or maintenance of this project, in such a manner as to impair
normal Mows and circuIatian patterns within waters or wetlands or to reduce the reach of waters
and/or wetlands.
10. Sediment acid Erosion Control:
1) During the clearing phase of the project, heavy equipment shall not be operated in
surface waters or stream channels. Temporary stream crossings will be used to access the
opposite sidles of stream channels. All temporary diversion channels and stream crossings will be
constricted ofnon-erodible materials. Grubbing of riparian vegetation will not occur until
immediately before construction begins on a given segment ofstrcarn charnel.
2) No fill or excavation impacts fur the purposes of sedimentation and erosion control
shall occur within jnrisdictiorral waters, including wetlands, unless the impacts are included on
the plan drawings and specifically authorized by this permit. This includes, but is not limited to,
sediment control fences and other barriers intended to catch sediment losses.
3) The Permittee shall remove all sediment and erasion control measures placed in waters
arOor wetlands, and shall restore natural glades on those areas, prior to project cumpletion.
4) The PermitteeshaII use appropriate sediment and erasion control practices which equal
or exceed those outlined iai the most recent version of the "North Carolina Sediment and Frosion
Control Planning and Design Manual" to ensure compliance with the appropriate turbidity water
quality standard. Erosion and sediment control practices shall be in full compliance with all
specifications governing the prober design, installation and ape ration and maintenance of such
Best Management Practices in order to ensure corn pIiance with the appropriate turbidity water
quality standards. This shall include, but is not limited to, the immediate inSte Ilaticrr of silt
fencing; or similar appropriate devices around all areas subject to soil disturbance or the
movement ofcarthen fill, and the immediate stabilization of all disturbed areas. Additionally, the
prgjeet shall remain in full compliance with all aspects of the Sedimentation Pullutiun Control
Act of 1973 (North Carolina General Statutes Chapter l 13A Article 4). Adequate sedimentation
and erasion control mea&ares shall be implemented prior to any ground disturbing activities to
minimize impacts to downstream aquaLic resources. These measures shall be inspected and
maintained regularly, especially fol I aw ing rainfall events. All fill material shall be adequately
stabilized at the earliest practicable date to prevent sediment from entering into adjacent waters
or wetlands.
-2 -

111. Clean 1+ il1, The Perm ittee shall use enly eIcan till material for this project. The fill materia€
shall be free of items such as trash, construction debris, metal and plastic products, and concrete
block with exposed metal. reinfurovment bars. Soils used for fill shall not be contaminated with
any toxic substance in concentrations goverried by Section 307 of the Clean Water Act. Unless
otherwise authorized by this perrnit, all fill material placed in waters or wed and s shall be
generated from an upland source.
12. Water Contamination: All mechanized equipment shall be regularly inspected and
maintained to prevent contamination of waters and wetlands from FueIs, lubricants, hydraulic
fluids, or other toxic materials. In the event of spill of petroleum products or any other
hazardous waste, the Perm ittee sltaII imFmdiate ly report it to the N.C. Division of Water Q►raIity
at [phone] or (800) 85M368 and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act shall be followed.
13, Compensatory Mitigation: In order to compensate for impacts associated with this permit,
mitigation shall be provided in accordance with the provisiors outlined on the most recent
version of the attached Compensatury Mitigation Resporns1biIity Transfer Form. The
rcquirernents of this form, including any special cord 1Lions listed an this farm, are hereby
incorporated as special conditions of this permit.
14. Temporary' Impaets Res tor€rtion Measures: Within thirty (30) days of the date cf
completing the authorized work, the Permittae shall remove all temporary fills in waters of the
Utiked States and restore the affected areas w pre -construction contours and elevations. The
affected areas shall be re -vegetated with native, soon -invasive vegetation as necessary to
minimize: erasion and enstire site stability. In wetland areas where pipeline installation via
trenching is authorized, wetland topsoil shall be segregated from the underlying subsoil, and the
tap b to 12 inches of the trench shall be backfilled with topsail from the trench,
15. Cleared wetland areas shall be re -vegetated with a wetland seed mix or a mix of native
woody species. Fescue grass or any invasive species such as lxspedeza spp., shall not be used
within the wetland areas.
16. Prior to construction within any jurisdictional areas, the Perirrittee shall correctly install silt
fencing (with or witl out safety fencing) parallel with the utility line corridor, on both sides of the
jurisdictional crossing. This barrier is to serve bath as an erasion control measure and a visual
idev(ifier of the limits of construction within any jurisdictional area The Perm 1ttec shall maintain
the fencing, at tnin1mam, until the wetlands have re -vegetated and stabilized.
17. Prohibitians on Concrete: The perm inee shall take measures to prevent live or fresh
concrete, including bags of uncured concrete, from comitig into contact with any water in or
entering into waters of the United States. Water inside coffer darns or casings that has been in
contact with concrete shall only be returned to waters of the United States when it no Langer
poses a threat to aquatic organisms (concrete is set and cured).
-3-

1S. Discovery of Previously Unknown Remains and Artifacts: If you discover any prev iousiy
uAnown historic, cuitural, or archeological remains and artifacts while accomplishing the
activity authorized by this permit, you must immediately notify the district engineer of what you
have found, and to the maxis-nurn extent practicable, avoid construction activities that may affect
the remains and artifacts until the required coordination has been completed. nc district
engineer will initiate the Federal, Tribal, and state coordination required. to determine if the items
or remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Maces.
19. Cornphaure lnspection: A representative of the Corps of Engineers will periodically and
randomly inspect the work for compliance with these conditions. Deviations from these
procedums may result in an administrative financial penalty and/or directive t❑ cease work until
the problem is resolved to the satisfaction of the Corps.
-4-

' �~•:"+ , " fig re 1
I?J"
r.;:. 7• ;�ti ' - r. ' Ephemeral,Connection ,
I.
Approx 430LF. 401
Wetland
0.25 acre - $a
elk r
r-
a-:�-
Legend
4
/A Martin
Marietta
Hickory Quarry
For Permitting Purposes Only
USGS Map
Drawn by: TLB
5/4/2022
Locations are Approximate
225 112.5 0
r
225 FeEt
. a
Project area
Clark Creek
Mine Permit Boundary
Stream
Wetland
. a} 3

Figure 2
\ \\
--
\\ ♦♦ ✓//\\�\
\ \\\ \\ \ 1 ^ \ -. \ \ �\ \, / \ �♦ /ir—\/(— \�?' / \ \ � /—ram
\\ \ \ \1\ Pro ose
Maintenanced \ \ 1 \ �1 �♦ \\ ` \'� C I , a; —\� / /��
P
\ \ \ \\ \ I
\\ \\ \\ \ I .\ \ 1 \ /� ��•\ I �l /\ reek �.� \ l� —)
Road \ \ \ \ 1 —' \ I , •�/'_\ / 1 \\ � � \ —
It jj
r
\\ \ \\\ / 1\ 1 � \ l \\ l ) ♦ I tea- dls � ^� ��\ _\/\ r__
14
Delineated Wetland �-
\\ to be disturbed
III I \I\ I 1, \`��_lv
I I III I / II / '�//✓/ � � \� ^ \\ —,/�//
1
1 1 `
1 \\\
�Z�
I III I I I I/ \ \,/ / / f / \ / � /♦ \\\\ \ \ \ \ �� l\� \`°tO\�� _��
\ \ ,\�
Existin Stream to
Ol r po
♦ `., \ <( - be disturbed
Ij
--------------
III I Il / /IJ> l � 1 / // \\\ ♦ /// / ///, // / \ \ \ \ �_
7
'—f/
/!�
/
Martin Hickory Quarry SCALE: V =100'
Marietta Grading Exhibit 0 50 100 Zoo

Figure
Stream Buffer
Maintenance
------------
Road
TI
(to be disturbed)
Existing
Overburden W
------------
-------------------
------------------
Existing
ZI Overburden
------------
110
cy
Ven-
Existing
Overburden
Berm

DocuSign Envelope ID: A91371C41-EBBD-4253-B5B3-EOA544E3A4D2
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
August 22, 2022
DWR # 19980623 v3
Catawba County
Martin Marietta
Attn: Mr. Ronald Kopplin
2235 Gateway Access Pt
Raleigh NC 27607
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Hickory Quarry Overburden Storage
USACE Action ID. No. SAW-2011-01934
Dear Mr. Kopplin:
Attached hereto is a copy of Certification No. WQC005099 issued to Mr. Ronald Kopplin and Martin
Marietta, dated August 22, 2022. 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.
�FQ
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: A91371C41-EBBD-4253-B5B3-EOA544E3A4D2
Martin Marietta
DWR# 19980623v3
Individual Certification #WQC005099
Page 2 of 11
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].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
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 [e-mail] if you have any
questions or concerns.
Sincerely,
DocuSSiigned by:
�A�HG WIO L
949D91 BA53EF4ED...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
wQ
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
raorsni cvanuv,�
919.707.9000

DocuSign Envelope ID: A91371C41-EBBD-4253-B5B3-EOA544E3A4D2
Martin Marietta
DWR# 19980623v3
Electronic cc: Thomas Brown, Martin Marietta
David Brown, USACE Asheville Regulatory Field Office
Andrea Leslie, NCWRC
Todd Bowers, EPA
DWR MRO
DWR 401 & Buffer Permitting Branch Electronic file
Individual Certification #WQC005099
Page 3 of 11
Filename: 19980623v3_MMM Hickory Qua rry_Catawba_401_IC.docx
North Carolina Department of Environmental Quality I Division of Water Resources
D E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: A91371C41-EBBD-4253-B5B3-EOA544E3A4D2
Martin Marietta
DWR# 19980623v3
Individual Certification #WQC005099
Page 4 of 11
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005099 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 0213.0200, to Ronald Kopplin 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 May 10, 2022 and subsequent information on July 25, 2022, August 3, 2022 and August 18,
2022, and by Public Notice issued by the U. S. Army Corps of Engineers on May 23, 2022.
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
Stream
Stream A
430 (linear feet)
0 (linear feet)
404/401 Wetlands
Wetland A
0.25 (acres)
0 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet the
mitigation requirements listed below. Until the DMS 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 DMS to
meet the following compensatory mitigation requirement.
Compensatory Mitigation
River and Sub -basin
Required
Number
Wetland
0.25 (acres)
Catawba
03050102
Stream
430 (linear feet)
Catawba
03050102
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
wQ
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
raorsni cvanuv,�
919.707.9000

DocuSign Envelope ID: A91371C41-EBBD-4253-B5B3-EOA544E3A4D2
Martin Marietta
DWR# 19980623v3
Individual Certification #WQC005099
Page 5 of 11
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the project must provide for replacement of existing
uses through compensatory mitigation.
1. 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)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity, wildlife, secondary contact recreation; agriculture), and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
2. 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)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any
best use on a short-term or long-term basis.
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)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity, wildlife, secondary contact recreation; agriculture), and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
4. 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)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
wQ
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
raorsni cvanuv,�
919.707.9000

DocuSign Envelope ID: A91371C41-EBBD-4253-B5B3-EOA544E3A4D2
Martin Marietta
DWR# 19980623v3
Individual Certification #WQC005099
Page 6 of 11
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). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management
Practices for the control of sediment and erosion so that no violations of state water quality
standards, statutes, or rules occur.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCACO28 .0200, 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
Materials producing color or odorshall not be present in amounts that may cause adverse impacts
on existing wetland uses.
6. 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
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
wQ
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
raorsni cvanuv,�
919.707.9000

DocuSign Envelope ID: A91371C41-EBBD-4253-B5B3-EOA544E3A4D2
Martin Marietta
DWR# 19980623v3
Individual Certification #WQC005099
Page 7 of 11
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
7. 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)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
8. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 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 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
9. 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
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
wQ
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
raorsni cvanuv,�
919.707.9000

DocuSign Envelope ID: A91371C41-EBBD-4253-B5B3-EOA544E3A4D2
Martin Marietta
DWR# 19980623v3
Individual Certification #WQC005099
Page 8 of 11
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability
offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the
receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated
as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be increased.
10. 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 028 .0200, 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
11. 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
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
12. 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 -
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
raorsni cvanuv,�
919.707.9000

DocuSign Envelope ID: A91371C41-EBBD-4253-B5B3-EOA544E3A4D2
Martin Marietta
DWR# 19980623v3
Individual Certification #WQC005099
Page 9 of 11
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)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
13. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or 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 028 .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
14. 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 028 .0200, 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
15. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0231
wQ
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
raorsni cvanuv,�
919.707.9000

DocuSign Envelope ID: A91371C41-EBBD-4253-B5B3-EOA544E3A4D2
Martin Marietta
DWR# 1998O623v3
Individual Certification #WQCOO5O99
Page 10 of 11
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical characteristics
are protected; populations of wetland flora and fauna are maintained to protect biological integrity
of the wetland; and materials or substances are not present in amounts that may cause adverse
impact on existing wetland uses.
16. 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)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the nature,
location, and time of the discharge and of the measures which are being taken or are proposed to be
taken to contain and remove the discharge. This action is required in order to contain or divert the
substances to prevent entry into the surface waters. Surface water quality standards require that
conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:
aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary
contact recreation; agriculture), and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis.
17. 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)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
18. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this certification 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)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
wQ
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
raorsni cvanuv,�
919.707.9000

DocuSign Envelope ID: A91371C41-EBBD-4253-B5B3-EOA544E3A4D2
Martin Marietta
DWR# 19980623v3
Individual Certification #WQC005099
Page 11 of 11
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 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)]
PAW/SLH
This, the 22nd day of August 2022
EDocuSigned by:
�GtWG W10
949D91BA53EF4ED...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Martin Marietta Materials, Incorporated Action ID: SAW-2011-01934
Project Name: Martin Marietta Hickory Quarry Project County: Catawba
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03050102, Catawba River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
430
1 0.25
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03050102, Catawba River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
860
0.5
Mitigation Site Debited: NC DMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 14 September, 2017

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage
Trade Drive, Suite 105, Wake Forest, NC 27587 (email: [e-mail]. mil). Questions regarding this form or
any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Crystal Amschler
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Email:
Crystal
Amschler
Digitally signed by Crystal Amschler
Date: 2022.12.02 10:45:28-05'00'
USACE Project Manager Signature
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
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