19950153 Ver 5_Approval Letter_20160929

Water Resources
ENVIRONMENTAL QUALITY
September 29, 2016
Martin Marietta Materials, Inc.
Attn: Mr. John J. Tiberi
2710 Wycliff Road
Raleigh, NC 27607
Govemor
Secretary
S. JAY ZIMMERMAN
Director
DWR # 95-0153 v5
Johnston County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions -
Modification
Benson Quarry Expansion
USACE Action ID. No. SAW -2014-00845
Dear Mr. Tiberi:
Attached hereto is a copy of Certification No. 4052 issued to Mr. John J. Tiberi and Martin Marietta
Materials, Inc., dated September 29, 2016. This Certification replaces the Certification issued on
March 7, 2016. This modification was requested by the applicant to add 0.30 acre of wetland
impact to tie the diversion channel into the natural channel, which was offset by reducing the
impact area of the pit expansion to 16.6 acres resulting in no change to the net impact from the
proposed project. 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.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Martin Marietta Materials, Inc.
DWR# 95-0153 v5
Individual Certification #4052
Page 2 of 9
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, 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 me at 919-807-6360 or karen.hi [e-mail] or Jennifer
Burdette at 919-807-6364 or [e-mail] if you have any questions or
concerns.
Sincerely,
Karen Higgins, Supervis
401 & Buffer Permitting ranch
cc: Brian K. North, Martin Marietta Materials, Inc., 413 S. Chimney Rock Road,
Greensboro, NC 27409
Robert T. Turnbill, Environmental Services, Inc., 524 South New Hope Road, Raleigh,
NC 27610
USACE Raleigh Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 950153V4BensonquarryExp(Johnston)_401_IC.docx

Martin Marietta Materials, Inc.
DWR# 95-0153 v5
Individual Certification #4052
Page 3 of 9
CERTIFICATION #4052 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. John J. Tiberi 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 8, 2014 and subsequent information on May 6, 2014 and
October 13, 2014; by Public Notice issued by the U. S. Army Corps of Engineers and received by
the Division on May 9, 2014, re-application received by the Division on April 8, 2015 and
subsequent information on July 28, 2015, February 10, 2016, and February 19, 2016; and a
modification request received by the Division on August 1, 2016 and subsequent information
received on September 22, 26 and 29, 2016.
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:
Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification and Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506 (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
Site 1— diversion channel
connection
0.3 (acres)
0 (acres)
Site 2 — pit expansion
16.7 (acres)
0 (acres)
Total
17.0 (acres)
0 (acres)
2. Compensatory Mitigation
Mitigation was required for the total wetland impact from the proposed project as specified
in the table below. The Division received an acceptance letter from the NC Division of
Mitigation Services (DMS) to meet this mitigation requirement. [15A NCAC 02H .0506 (c)(6)]:

Martin Marietta Materials, Inc.
DWR# 95-0153 v5
Individual Certification #4052
Page 4 of 9
A receipt dated June 10, 2016 from the Division of Mitigation Services indicates that 30.9026
acres of riparian wetland credit have been purchased for the project.
3. Mining Permit
Full compliance with Mining Permit 51-18, issued by the Division of Energy, Mineral and Land
Resources (DEMLR), is required. The Division shall be copied on any request for modification
to the Mining Permit. [15A NCAC 02H .0506 (c)(2)]
4. NPDES Stormwater Permit
Full compliance with NPDES Stormwater Permit NCG020123, issued by DEMLR, is required.
The Division shall be copied on any request for modification to the Stormwater Permit. [15A
NCAC 02H .0506 (c)(5)]
5. Stoney Fork Diversion
The Division approves the final design plans provided in the application received by the
Division on August 1, 2016 and subsequent information on September 22 and 26, 2016.
• The permittee will provide on-site supervision of stability work including, but not
limited to bank re -sloping, culvert installation, in -stream structure placement, and
riparian zone re-establishment, by an appropriately trained individual. [15A NCAC
02H .0506(b)(2)]
• Native vegetation shall be used throughout this project. All tree and shrub plantings
within the proposed planting buffer shall be protected from mowing or clearing. [15A
NCAC 02H .0506(b)(2)]
• Natural fiber matting is recommended for streambank stabilization over plastic
matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
• Stream bed habitat material, such as cobble and gravel, should be harvested from
abandoned channels and relocated to new channels to the maximum extent
practicable. [15A NCAC 02H .0506(b)(2)]
• Visual monitoring of the diversion project shall be conducted at a minimum of
quarterly for the first year or two bankfull events (whichever is longer), and then
annually until the site is stable (particularly after storm events) and vegetation is
successful. Any failures of structures, stream banks, or vegetation may require future
repairs or replacement, which requires coordination with the 401 & Buffer Permitting
Branch to ensure the stability and water quality of the stream and downstream
waters. [15A NCAC 02H .0506(b)(2) and (b)(3)]
Compensatory Mitigation
River & Sub -basin
Required
Number
Wetlands
17 (acres)
Neuse
03020201
A receipt dated June 10, 2016 from the Division of Mitigation Services indicates that 30.9026
acres of riparian wetland credit have been purchased for the project.
3. Mining Permit
Full compliance with Mining Permit 51-18, issued by the Division of Energy, Mineral and Land
Resources (DEMLR), is required. The Division shall be copied on any request for modification
to the Mining Permit. [15A NCAC 02H .0506 (c)(2)]
4. NPDES Stormwater Permit
Full compliance with NPDES Stormwater Permit NCG020123, issued by DEMLR, is required.
The Division shall be copied on any request for modification to the Stormwater Permit. [15A
NCAC 02H .0506 (c)(5)]
5. Stoney Fork Diversion
The Division approves the final design plans provided in the application received by the
Division on August 1, 2016 and subsequent information on September 22 and 26, 2016.
• The permittee will provide on-site supervision of stability work including, but not
limited to bank re -sloping, culvert installation, in -stream structure placement, and
riparian zone re-establishment, by an appropriately trained individual. [15A NCAC
02H .0506(b)(2)]
• Native vegetation shall be used throughout this project. All tree and shrub plantings
within the proposed planting buffer shall be protected from mowing or clearing. [15A
NCAC 02H .0506(b)(2)]
• Natural fiber matting is recommended for streambank stabilization over plastic
matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
• Stream bed habitat material, such as cobble and gravel, should be harvested from
abandoned channels and relocated to new channels to the maximum extent
practicable. [15A NCAC 02H .0506(b)(2)]
• Visual monitoring of the diversion project shall be conducted at a minimum of
quarterly for the first year or two bankfull events (whichever is longer), and then
annually until the site is stable (particularly after storm events) and vegetation is
successful. Any failures of structures, stream banks, or vegetation may require future
repairs or replacement, which requires coordination with the 401 & Buffer Permitting
Branch to ensure the stability and water quality of the stream and downstream
waters. [15A NCAC 02H .0506(b)(2) and (b)(3)]

Martin Marietta Materials, Inc.
DWR# 95-0153 v5
Individual Certification #4052
Page 5 of 9
Water shall not be released into the new channel until the stream and banks are
stabilized. [15A NCAC 02H .0506(b)(3)]
6. Indirect Wetland Impacts
The permittee will monitor the wetland area between the diversion channel and the
proposed direct wetland impact area according to the Groundwater and Surface Water
Monitoring Plan received by the Division on July 28, 2015 and dated June 2015 and the
subsequent revision to the number of monitoring wells and locations received by the Division
on September 29, 2016.
® Two monitoring gauges shall be installed on the upstream side of the direct wetland
impact and two monitoring gauges shall be installed within the wetland system
upstream of the diversion channel.
® Automatic gauges shall be programmed to collect data daily with manual
downloading completed monthly.
• A monitoring report shall be prepared at the end of each calendar year and
submitted to the 401 & Buffer Permitting Branch (1617 Mail Service Center, Raleigh,
NC 27699-1617) for review by March 1.
® Monitoring shall continue for a period of three years. Upon completion of the
monitoring period, the Division will review the hydrologic data and conduct site visits
to determine the degree that the project has affected the monitored portions of the
wetland system. Additional monitoring may be required until hydrologic function and
stability is determined by the Division. If the Division determines that there is a loss
of existing uses to the monitored wetland system, mitigation at 1:1 ratio shall be
required.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the 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 are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .0502]
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. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:

Martin Marietta Materials, Inc.
DWR# 95-0153 v5
Individual Certification #4052
Page 6 of 9
Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) projects, including contractor -owned or leased 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 of erosion control
measures and stormwater routing and treatment shall be on site at all times.
Sediment and erosion control measures shall 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 to or upstream and downstream of the 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 released the specific area within the project. [15A NCAC 02H .0501
and .0502]
10. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your 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 is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at:
http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. 15A NCAC 02H .0506(b)(5) and
(c)(5)]
11. Work in the D
All work in or adjacent to stream waters 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 DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,

Martin Marietta Materials, Inc.
DWR# 95-0153 v5
Individual Certification #4052
Page i of 9
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
12. If concrete is used during the 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
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
13. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H
.0506(b)(2) and (c)(2)]
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts 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 of water 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,
causeways, or other fill projects are constructed across FEMA -designated floodways 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.
14. Any riprap 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 riprap shall be buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
15. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material free
of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific
areas required for velocity control and to ensure integrity of bank stabilization measures. [15A
NCAC 02H .0506(b)(2)]

Martin Marietta Materials, Inc.
DWR# 95-0153 v5
Individual Certification #4052
Page 8 of 9
16. A one-time application of fertilizer 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
regulations. [15A NCAC 02B .0231]
17. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
18. Continuing Compliance
Mr. John J. Tiberi 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. John J. Tiberi 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.
John J. Tiberi 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.
19. 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. 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. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
20. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f)]
21. 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)]

Martin Marietta Materials, Inc.
DWR# 95-0153 v5
Individual Certification #4052
Page 9 of 9
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
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 29th day of September 2016
( ci��Y
Karen Higgins, Supervisor
401 & Buffer Permitting Branc
KAH/jab
4052