20110309 Ver 5_Approval Letter_20200409

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Martin Marietta Materials Inc.
Attn: Larry Roberts
413 S. Chimney Rock Road
Greensboro, NC 27409
NORTH CAROLINA
Environmental Quality
April 9, 2020
DWR # 2011-0309 v5
Onslow County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions —
Modification
Onslow Quarry Expansion
USACE Action ID. No. SAW-2016-01209
Dear Mr. Roberts:
Attached hereto is a copy of Certification No. WQC004166 issued to Mr. Larry Roberts and Martin
Marietta Materials Inc., dated April 9, 2020. This Certification replaces the Certification issued
to you on November 5, 2018. This modification was requested to accommodate upgraded
road crossing. Please note that you should get any other federal, state or local permits before
proceeding with the subject project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1)
copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
D E Q�� 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
m )ry rN cmo:. i
o.�ro�em or E�.w�����a�:r� /� 919.707.9000

Martin Marietta — Onslow Quarry IP Modification
DWR # 2011-0309v5
Onslow County
Individual Certification #WQC004166
Page 2of6
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Contact Paul Wojoski at 919-707-3631 or [e-mail] if you have any
questions or concerns.
Sincerely,
DDOCUSignn�e/d by:
iG�GL� WO200'"
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Thomas Brown, Martin Marietta Materials Inc (via email)
Rachel Capito, USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch file
Filename: 110309v5OnslowQuarryMartinMarietta(Onslow)_401_IC_Mod

Martin Marietta — Onslow Quarry IP Modification
DWR # 2011-0309v5
Onslow County
Individual Certification #WQC004166
Page 3 of 6
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004166 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,
to Mr. Larry Roberts and Martin Marietta Materials Inc., who have authorization for the impacts listed
below, as described within your application received by the N.C. Division of Water Resources (Division) on
April 9, 2018 and subsequent information on April 10, 2018, June 15, 2018, October 11, 2018 and by Public
Notice issued by the U. S. Army Corps of Engineers and received by the Division on May 16, 2018 and
modification request dated November 26, 2019 and received by the Division on November 26, 2019 and
additional information on February 12, 2020.
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the
application, the supporting documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Mining (intermittent):
1,156 (linear feet)
0 (linear feet)
Mining (perennial):
104 (linear feet)
0 (linear feet)
Road Crossing
55 (linear feet)
0 (linear feet)
Wetland
Mining (wetland 1):
0.010 (acres)
0 (acres)
Mining (wetland 2):
0.140 (acres)
0 (acres)
Road Crossing
0.07 (acres)
0 (acres)
2. This approval is for the purpose and design described in your application and as described in the Public
Notice. The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification. Any modifications to the project require notification to DWR and
may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and
.0502]

Martin Marietta — Onslow Quarry IP Modification
DWR # 2011-0309v5
Onslow County
Individual Certification #WQC004166
Page 4 of 6
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0502]
4. 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).
6. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
7. The Permittee shall maintain compliance with the NPDES Stormwater Permit for mining activities
(NCG020000). [15A NCAC 02H .0506(b)(5) and (c)(5)]
8. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .02001
9. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
10. Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and Certification. The applicant will also be
responsible to evaluate all acquired permits to assure that they are consistent and all relative impacts
are accounted for and sown on the construction plans. [15A NCAC 02H .0502(b) and 15A NCAC 02H
.0506(b)(4)] The applicant shall require his contractors (and/or agents) to comply with all terms of this
Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification.
11. This Certification does not relieve the applicant 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.
12. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance
shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]

Martin Marietta — Onslow Quarry IP Modification
DWR # 2011-0309v5
Onslow County
Individual Certification #WQC004166
Page 5 of 6
13. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless
of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons
that cannot be cleaned up within 24 hours.
14. Mr. Larry Roberts and Martin Marietta Materials Inc. shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and
Federal law. [15A NCAC 02B .0200] If the Division determines that such standards or laws are not
being met (including the failure to sustain a designated or achieved use) or that State or federal law is
being violated, or that further conditions are necessary to assure compliance, the Division may
reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify
Mr. Larry Roberts and Martin Marietta Materials Inc. and the U.S. Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in
accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Larry
Roberts and Martin Marietta Materials Inc. in writing, shall be provided to the U.S. Army Corps of
Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall
also become conditions of the 404 Permit for the project.
15. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
16. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
17. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This 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 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.
18. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal business
hours. [15A NCAC 02H .0502(e)]
19. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this Individual Certification for the project and may also result in criminal and/or civil
penalties.

Martin Marietta — Onslow Quarry IP Modification
DWR # 2011-0309v5
Onslow County
Individual Certification #WQC004166
Page 6of6
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(d)(2) and 15A NCAC 02H .0506]
This the 9t" day of April, 2020
DOCUSignn�e/d by:
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
2 1T
W QC004166