20020408 Ver 2_Approval Letter_20150107

N/oter Resouurces
Cu,mowMew,At, *v/iun
January 7,2016
Vulcan Lands, Inc.
At n: Mr. Tony Johnson, Jr.
I3O0Urban Center Drive
Birmingham, AL35342
P/\T&8CCR0R Y
DONALD R.VAN DER VAART
S. JAY ZIINK&£RMAN
Subject: Approval ofIndividual 4O1 Water Quality Certification with Additional Conditions
Vulcan Materials Company Rockingham Quarry Expansion JOI5
USACEA[tion |D. NO. SAVV-3015-02083
Attached hereto is 8 copy of Certification No. 4043 issued to Mc Tony Johnson, Jr. and Vulcan
Lands, Inc., dated January 7, 2016. Please note that you Should get any other federal, state or
|OC8| 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.
Apetition form may beobtained from the OAH 8tor6«calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (I) copy along with any applicable DAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00arn and 5:00pnn, excluding official state
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 isreceived byth8OAH within five /5\business
State ofNorth Carolina I Environmental Quality � Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
9198076300

Mailing address for the OAH:
Ifsending wio US Postol Service:
Office of Administrative Hearings
67I4Mail Service Center
Raleigh, INC 27699-6714
Vulcan Lands, Inc.
DVVR#O2f)408v2
Individual Certification #4043
Page 2 of 8
If sending wiodelivery service (/PS'FedEx, etc):
Office QfAdministrative Hearings
171lNew Hope Church Road
Raleigh, NC276O9-5385
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department 0fEnvironmental Quality
I50lMail Service Center
Raleigh, NC 27699-150I
Unless such Bpetition 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 I5A N[AC 02H .0500. Please C0nt8[1 Chad Tur|ingt0n at 910-433-3320 or
Or Jennifer BUrclett2 at 919-807-5364 Or
if you have any questions Orconcerns.
Sincerely,
Karen Higgins, 5up2rvisO(I��
4Ol&Buffer Permitting Branch
CC: Craig R.Wyant, AFine Line Design, P(]Box I63,High Shoals, NIC 28O77
USA[E Wilmington Regulatory Field Office
Todd Bowers, EPA, SGnn Nunn Federal Center, 51 Forsyth Street SW, Atlanta, GA 30303
DVVR FRO 401 file
DVVR 40I & Buffer Permitting Branch file
Filename: 02O408v2VuIca nRocWnghamUuarryExp(Richmond)_4U1—IC.docx

Vu/can Lands, Inc.
DVVR#02-04OOv2
Individual Certification #4O43
Page 3of8
CERTIFICATION #4043 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 15A NCAC
02H .0500, to Mr. Tony Johnson, Jr. and Vulcan Lands, 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 September 29, 2015 and subsequent information on December 15, 2015, and by
Public Notice issued bythe U.5.Army Corps OfEngineers and received bythe Division on
October G,2Ol5�
The State Of North Carolina Certifies that this activity will not violate the applicable portions of
Sections 3O1,3O2,303,3O5,3O7Ofthe Public Laws g2-5OOand PL95-2I7ifconducted 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 OfCertification:
I. Impacts Approved
The following impacts are hereby approved provided that all ofthe other specific and general
conditions Ofthe Certification are met. . Impacts inthis permit shall becumulative with I.O
acres of surface water and wetland impacts completed under general certifications issued
previously. NOother impacts are approved, including incidental impacts. [15AN[A[02B
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S1 — perennial
135 (linear feet)
0 (linear feet)
S2 - perennial
2,422 (linear feet)
0 (linear feet)
Stream Totals
2,557 (linear feet)
0 (linear feet)
404/401 Wetlands
404/401 Wetlands
Totals
0.88 (acres)
0 (acres)
Open Water

Vulcan Lands, Inc.
DWR# 02-0408 v2
Individual Certification #4043
Page 4 of 8
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the WC Ecosystem Enhancement Program (EEP) to meet this
mitigation requirement. Until the EEPreceives and clears your payment, and proof ofpayment 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 EEP to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
9. Mining Permit
Full compliance with Mining Permit 77-01,issued b«the Division 0fEnergy, Mineral and Land
Resources (DEK4LR), is required. The Division Sh8U be copied On any request for modification
k)the Mining Permit. [15ANCA[02H.[506/bV2\&(c)(3U
4. NPDESStormwater Permit
Full compliance with NPDE5StOnnvvaterPermit N[G[20107, issued hvOEMLR, is required.
The Division shall be copied on any request for modification to the Stormwater Permits. [I5A
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint Ofthe impacts depicted inthe Pre -Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project areinCOrpOrated byreference and are
enforceable parts of this permit. [I5A NCAC 02H .0501 and .0502]
O. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. |fapplicable, the project nnu5tCOnnp|yvviththe5peCifiCCOnditiOnS
and requirements of the NPIDES Construction Stormwater Permit issued to the site and the
Compensatory Mitigation
River & Sub -basin
Required
Number
Yadkin
Stream
2,557 (feet)
03040201
9. Mining Permit
Full compliance with Mining Permit 77-01,issued b«the Division 0fEnergy, Mineral and Land
Resources (DEK4LR), is required. The Division Sh8U be copied On any request for modification
k)the Mining Permit. [15ANCA[02H.[506/bV2\&(c)(3U
4. NPDESStormwater Permit
Full compliance with NPDE5StOnnvvaterPermit N[G[20107, issued hvOEMLR, is required.
The Division shall be copied on any request for modification to the Stormwater Permits. [I5A
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint Ofthe impacts depicted inthe Pre -Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project areinCOrpOrated byreference and are
enforceable parts of this permit. [I5A NCAC 02H .0501 and .0502]
O. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. |fapplicable, the project nnu5tCOnnp|yvviththe5peCifiCCOnditiOnS
and requirements of the NPIDES Construction Stormwater Permit issued to the site and the

Vulcan Lands, Inc.
DVVR#O2-04ODvZ
Individual Certification #4043
Page 5 of 8
a. Design, installation, operation, and maintenance O1the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version Vfthe North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained On all construction sites, borrow sites, and waste pile
(SpOi|) projects, inC|udingCOntr8CLOrOvvn2dor|2G52d borrow pits associated with the
project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act OF 1971.
d. Sufficient materials required for stabilization and/or repair oferosion control
measures and stormwater routing and treatment shall be on site at all times.
7. Sediment and erosion CQntn]| measures 5h8U not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent toorupstream and downstream ofthe above structures. All sediment and erosion
Control devices shall be removed and the natural grade restored within two (2) months of
the date that the Division Of Energy, Mineral and Land Resources /DEMLR\ or locally
delegated program has re|285Bd the specific area within the project. [15AN[A[02H '0501
@. Construction Stormwater Permit NCGO10000
An NPIDES[nnItruCti0n 3tOnnvv8ter Permit is required for construction projects that disturb
one /I\Ormore acres Ofland. This Permit allows 5tOrrnvv8tertOb2discharged during land
disturbing construction activities 8sstipulated in the conditions Ofthe permit. |fyour project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements isrequired. Acopy Ofthe general permit (N[GOlOOOO),
inspection log sheets, and other information may b2found at:
15AN[A[O2HD5Ob(b)(5)and
9. Work in the Dry
All work in oradjacent tO stream waters 5h8U be conducted SQthat the flowing stream does
not come incontact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,

Vulcan Lands, Inc.
0NR#02O408v2
Individual Certification #4043
Page 6 of 8
and other diversion structures shall be used to minimize excavation in flowing water. [I5A
lO. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured Or curing concrete and vva1eo of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
II. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and tOallow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must bemaintained above and below locations Ofeach culvert.
Placement Ofculverts and other structures inwaters, streams must be below the elevation Of
the Strearnb2d by One (2) foot for all [U|veh3 with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low
flow passage ofwater and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. Additionally, when roadways,
c8uSevv3\g, Orother fill projects are constructed across FEMA -designated flOOdvvays or
wetlands, openings such as culverts or bridges must 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 must be used where practicable instead of rip rap or other bank hardening
methods.
12. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall he restricted to the area directly impacted by the approved
construction activity. All riprapshall be buried and/or "keyed in" such that the original stream
elevation and 5trearnbankcontours are restored and maintained, Placement 0fripraporother
approved materials 5h8|| not result in cle'Stabilizati0n of the stream bed or banks UpSt[e8rn or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
Il Any hpr6p used for stream stabilization shall be of size and density to prevent movement by
wave action, current action, or stream flows and consist of clean n]Ck or masonry material free
of debris or toxic pollutants. Ripr8p shall not be installed in the 5tre8rnb2d except in specific
Br2@S required for velocity control and to ensure integrity of bank stabilization measures, [15A

Vulcan Lands, Inc.
DWR#OZ-0408v2
Individual Certification #4O43
Page 7of8
14. A one-time application 0ffertilizer tO re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
n2gu|@hOnS. [15ANCA[02B.023I]
15. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
26. Continuing Compliance
Mr. Tony Johnson, Jr. and Vulcan Lands, Inc. shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 3O3(d)Ofthe Clean Water Act) and any other appropriate
requirements 0fState and Federal law. |15ANCA[02O.0200l |fthe 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. Tony Johnson, Jr. and Vulcan
Lands, Inc. and the U.S. Army Corps ofEngineers, provide public notice in accordance with 15A
N[A[OZH.O5O3 and provide opportunity for public hearing in accordance with 15A NCAC 02H
D504. Any new or revised conditions shall be provided to Mr. Tony Johnson, Jr. and Vulcan
Lands, Inc. in writing, shall be provided to the U.S.Army Corps OfEngineers for reference in
any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions Ofthe 4O4Permit for the project.
I7.This approval isfor the purpose and design described inyour application and 8sdescribed in
the Public Notice. The plans and specifications for this project arCincorpDratedhvreferenCe
and are @nenforceable part ofthe Certification. |fyou change your project, yDunnu5tnotif»
the Division and you may be required to submit a new application package with the
appropriate fee. |fthe property issold, the new owner must b2given acopy 0fthis
Certification and iSresponsible for complying with all conditions. Any new owner must notify
the Division and request the Certification beissued intheir name. [I5AN[A[OZH.O5Oland
18. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form tothe OVVR401&Buffer Permitting Branch within ten days ofproject COrnp|EtiOn
(available at: )
[15AN[A[02H .0502/0]
19. 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. [15AN[/\[02H.0502(e)]

Vulcan Lands, Inc.
DVVR#O2-04O8v2
Individual Certification #4043
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. [25A NCA[ 02H .0507(d)(2) and 15A N[AC
02H .0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 7th day of January 2016
Karen Higgins, Supervisor
401 & Buffer Permitting Bra h
MM