20031023 Ver 1_Approval Letter_20040315 (2)

1N A PF Michael F. Easley, Governor
\0?O 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
? Alan W. Klimek, P.E., Director
Division of Water Quality
p Coleen H. Sullins, Deputy Director
Division of Water Quality
March 15, 2004
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Martin Marietta Materials
Attention: Mr. Horace Wilson
Post Office Box 30013
Raleigh, North Carolina 27622-0013
Re: Martin Marietta Materials, Rocky Point Quarry, located at the end of State Road 1836 in Pender County,
North Carolina DWQ Project No. 03-1023; US Army Corps of Engineers ID No. 200301159.
Dear Mr. Wilson:
Attached hereto is a copy of Certification No. 3452 issued to Martin Marietta Materials dated March 15, 2004. If
we can be of further assistance, do not hesitate to contact us.
S
Klimek, P.F
r
#iin of Water Q Attachme
nts
DWQ 03 1023
cc: U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
DWQ, Wilmington Regional Office - Rick Shiver
DWQ, Wilmington Regional Office - Noelle Lutheran
DWQ, Wetlands/401 Unit - Danny Smith
DLR, Wilmington Regional Office - Dan Sams
File Copy
Central files
Harlan Britt, Kimley-Horn and Associates, P.O. Box 33068, Raleigh, NC 27636
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http:/fh2o.enr.state.nc.us/ncwetiands)
.".1111
ti r*, Et .
Page 2
This Certification is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217
of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC
211, Section .0500 to Martin Marietta Materials, resulting in the discharge of fill, side casting and the excavation of
overburden to 7.52 acres of jurisdictional wetlands and waters associated with the 87 acre construction and expansion
of the existing Rocky Point Mine in Pender County, North Carolina, pursuant to the application in the form of the
Corps Public Notice received on the 1 st day of December, 2003 and subsequent amendments to the application that
include the Modified Alternative Pumping Plan (received dated February 19, 2004) and the Response to NCDENR
Division of Water Quality letter of January 20, 2004, and Meeting of February 12, 2004 (received dated February 19,
2004).
The application provides adequate assurance that the proposed work will not result in a violation of applicable
Water Quality Standards and discharge guidelines. Therefore the State of North Carolina certifies that this activity
will not violate the applicable portions of Section 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted
in accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purposes and design that you submitted (and modified) in your application in
the form of the Corps of Engineer's Public Notice received on the 0 day of December, 2003, as modified in the
Modified Alternative Pumping Plan (received February 19, 2004), and the Response to NCDENR Division of Water
Quality letter of January 20, 2004 and Meeting of February 12, 2004 received dated February 19, 2004 (received
February 19, 2004), and as conditioned below. If you change your project, you must notify the Central Office of
Division of Water Quality in writing and may be required to send the Central Office of the Division of Water Quality
an application for a new certification. If Martin Marietta Materials is sold or the if the name of the company is
changed, or the property is sold, you must notify the Central Office and the Wilmington Regional Field Office of the
Division of Water Quality in writing, and the new owner(s) of the company and/or property must be given a copy of
the Certification, approval letter, all necessary supplementary information detailed in the application subsequent
amendments, and is thereby responsible for complying with all conditions of this Certification. Should wetlands or
fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H
.0506 (h)(6) and (7). You must follow the conditions listed below. In addition, you should get any other federal,
state or local permits before you go ahead with your project including (but not limited to) a Mining Permit and a
USACE 404 Permit.
Conditions of Certification:
1. Mine Pumping and Dewatering:
A) During the time of construction and through the duration of time the facility is actively mining and
conducting measures necessary to reclaim the mine footprint, full compliance with the Modified
Alternative Pumping Plan, Rocky Point Quarry Pender County, NC, dated February 17, 2004, prepared
for Martin Marietta Materials, Raleigh, NC by Kimley-Horn and Associates, Inc is required.
B) In addition to the Modified Alternative Pumping Plan, Rocky Point Quarry Pender County, NC, dated
February 17, 2004, the following additional items are also required and are conditions of this
Certification:
a. Pumping of water onto the wetland polygons located on the Western portion of tract G2 is
required during the time of construction and through the duration of the time the facility is
actively mining and conducting measures necessary to reclaim the mine footprint. The proposed
rate of pumping must be submitted to NCDWQ within 60 days of the date of this Certification
for NCDWQ written approval.
b. Additional wetland monitoring wells must be located within tract G1 on the polygon labeled
"F". One well must be installed in the northwestern portion of the wetland polygon labeled "F"
and a second well must be located near the location of the label "F" as depicted on the map
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labeled Figure 3, dated January 5, 2004, in the Modified Alternative Pumping Plan, Rocky
Point Quarry, Pender County, NC, dated February 17, 2004.
An additional wetlands monitoring well must be installed on tract G1 on polygon labeled "E" at
the location of the label "E" as depicted on the map labeled Figure 3, dated January 5, 2004, in
the Modified Alternative Pumping Plan Rocky Point Quarry Pender County, NC, dated
February 17, 2004.
d. Monitoring of wells located on Tract GI must occur during the time of construction and through
the duration of the time G1 and G2 are being mined and for 5 years after the mining efforts have
been completed on Tracts G1 and G2 unless otherwise approved in writing by NCDWQ.
e. Monitoring of wells located on Tract GI must also occur from the period of time the facility is
conducting/constructing measures necessary to reclaiming the mine footprint and for a period of
5 years after the Division of Land Resources has released (agreed the mine site has been
reclaimed) the Rocky Point Mine unless otherwise approved in writing by NCDWQ.
2. Prior to impacts of wetlands for the mine expansion, Martin Marietta Materials must submit a wetland
delineation to the US Army Corps of Engineers for their written approval for tracts known as H1 and H2.
Prior to impacts of wetlands for the mine expansion, Martin Marietta Materials must provide NCDWQ a
monitoring plan that addresses wetland monitoring for H 1 and H2. The well locations must be provided on a
map and the map must depict all of the wetlands (as determined by the USACE). Martin Marietta Materials
must secure written approval from NCDWQ of the wetland monitoring well placement and the monitoring
plan before impacting wetlands for the mine expansion.
4. Monitoring of wells located on Tracts H1 and H2 (their location as approved in condition number 3 above)
must occur during the time of construction and through the duration of the time tracts G1 and G2 are being
mined and for 5 year after the mining efforts have been completed on Tracts G1 and G2 unless otherwise
approved in writing by NCDWQ.
5. Monitoring of wells located on Tract H1 and H2 (their location as approved in condition number 3 above)
must also occur from the period of time the facility is conducting/constructing measures necessary to
reclaiming the mine footprint and for a period of 5 years after the Division of Land Resources has released
(agreed the mine site has been reclaimed) the Rocky Point Mine unless otherwise approved in writing by
NCDWQ.
6. Wetland Monitoring Plan: For tracts G1, H1, H2, the wetland monitoring must include the following:
A. Physical monitoring of wetlands is required quarterly as a condition of this Certification. If wetland
impacts are determined to have occurred (these impacts may include indications of instability,
eroding, sloughing, subsidence, collapse, and/or removal of the hydrology) Martin Marietta
Materials shall notify the NCDWQ Wilmington Regional Office in writing. This notification shall
be within 24 hrs of first knowledge of these impacts or the first business day thereafter and shall
include a detailed explanation of the nature of the problem.
B. Physical monitoring of wetlands for instability, eroding, sloughing, subsidence, collapse, and/or
removal of the hydrology of wetlands (monitoring frequency- annual). This monitoring may be
accomplished by visual inspection of the wetland areas while conducting well maintenance efforts.
C. The water level control structures proposed for the ditches along H1 and H2 and the modification to
the culvert, as depicted in the Modified Alternative Pumping Plan, Rocky Point Quarry Pender
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County, NC, dated February 17, 2004, are required to be implemented prior to impacting wetlands
for the mine expansion.
D. The water level control structures along H1 and H2 and the culvert modification, as depicted
in the Modified Alternative Pumping Plan Rocky Point Quarry Pender County, NC, dated February
17, 2004, are required to be maintained. Within the monitoring plan, the above-mentioned plugs
and culvert must also be inspected to ensure they are stable and not failing. This review must be
conducted quarterly and the results addressed in the annual Wetland Monitoring and Pumping Plan
Report.
E. Wells as depicted in the Modified Alternative Pumping Plan Rocky Point Quarry Pender County,
NC, dated February 17, 2004 and the additional well required by this Certification must be properly
installed and properly maintained throughout the active life of the mine, through reclamation efforts,
and for 5 years after the Division of Land Resources releases the site and determines the Rocky
Point mine site has been reclaimed unless otherwise approved in writing by NCDWQ.
F. All well data must be provided annually to DWQ along with a written account of the hydrological
status of the wetlands on the tract (by June 1 of each year). This includes each wetland polygon
(and all wells) as indicated on the map labeled Figure 3, dated January 5, 2004, as well as wetland
monitoring wells required in the above-mentioned conditions.
G. At a minimum, daily water table levels must be recorded from all wells and daily rainfall must be
collected by the monitoring gages and rain gages (this data must be collected and available for
NCDWQ review). At a minimum, monthly data logger downloads, well and well site
inspections/maintenance must occur for the monitoring duration depicted in conditions of this
certification.
H. Initiation of data collection (including well and rainfall data) must begin prior to impacts of wetlands
for the mine expansion.
7. Wetland Monitoring and Pumping Plan Report:
A report must be submitted annually to both the Central Office of the Division of Water Quality and the
Wilmington Regional Office of DWQ, by June 1 of each year. All well sample results and rain gage results
must be provided as an addendum to the reported (regardless of well location). The Wetland Monitoring and
Pumping Plan Report must include the following: 1) a written account of the hydrological status of wetlands
on tracts H1, H2, and Gl, 2) a written account of the physical status of wetlands on tracts H1, H2, and Gl, 3)
well maintenance records, 4) an account of the "re-hydration/pumping" efforts to tract Gl, and 4) a written
account of water level control devices and pumping efforts to the ditches along H1 and H2.
The annual report must also include monthly monitoring results of the stream monitoring gage (e.g. staff
gage) that is already located on Strawberry Branch. Also, Martin Marietta Materials must also install,
monitor and include in the annual report monthly monitoring results from a stream monitoring gage for the
jurisdiction channel feature located on Tract E. If the owner of tract E will not allow Martin Marietta
Materials to install and/or conduct monitoring at this station, Martin Marietta Materials must document this
issue in each annual report.
The monitoring results will be reviewed by the NCDWQ. If NCDWQ determines or has concerns regarding
removal of jurisdictional wetland hydrology, the NCDWQ will confirm the removal of wetland hydrology
from the USACE (or the current delegated authority).
Page 5
9. If wetlands on Tracts G1, as depicted on the map labeled "Figure 3", dated January 5, 2004, in the Modified
Alternative Pumping Plan Rocky Point Quarry Pender County, NC, dated February 17, 2004 and the map
required in condition 2 for tracts H1 and H2 are determined to be impacted beyond the impacts authorized by
this Certification, then compensatory mitigation (described in 15A NCAC 211.0506) will be required.
10. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP):
Mitigation must be provided for the proposed impacts as specified in the table below. We understand that
you wish to make a payment to a fund administered by the NC Ecosystem Enhancement Program (EEP) to
meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. This contribution will satisfy our compensatory mitigation requirements. Until the
EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office),
no impacts specified in this Authorization Certificate shall occur. Mr. Ron Ferrell should be contacted at
[phone] if you have any questions concerning payment into the EEP. You have one month from the
date of this approval to make this payment.

Compensatory Mitigation Required River and Subbasin Number
Stream none (feet)
Wetlands 7.52 (acres) As depicted in application plans for tract
G1 and G2
11. During construction and while the facility is actively mining and conducting measures necessary reclaim the
mine footprint, full compliance with sediment and erosion control practices is required:
A. Approved erosion and sedimentation control devices and practices, which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning
and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of
Land Resources in the DEHNR Regional or Central Offices) shall be properly implemented.
B. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
12. Waste, spoil or fill shall not be placed, dumped or located in wetlands, waters, riparian areas beyond the
footprint of the impacts as depicted in the application.
13. At no time shall the discharge(s) from this site cause violations of surface water (including wetland)
standards.
14. Mine construction and operation must be conducted within the footprint approved by the Division of Land
Resources.
15. Access will be granted to DENR staff for sampling, inspection or other purposes as deemed necessary by
DENR upon request.
16. It is a requirement of this Certification that this facility must maintain full compliance with all of the NPDES
Permit conditions required for this facility.
17. The following conditions are required to assure compliance with the appropriate water quality standards:
A. Beyond what is specifically authorized as a part of the 7.52 acres of wetland impacts authorized in
this Certification, waste, fill, removal of wetland hydrology, or sedimentation may not occur in
wetlands or waters.
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B. Live or fresh concrete may not come in contact with waters of the state until the concrete has
hardened.
C. The Wilmington Regional Office of DWQ must be notified by telephone within 24 hours and in
writing (within 5 days) of Martin Marietta Materials becoming aware of the formation of any new
sink holes or soil surface collapse beyond the proposed mine portions of tracts G1 and G2, within
tracts Hl and H2, within tracts E and within the property of any of the adjacent land owner to the
Rocky Point Mine.
18. Upon completion of all work approved within the 401 Water Quality Certification and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the North Carolina
Division of Water Quality, Wilmington Regional Office and North Carolina Division of Water Central
Office at 1650 Mail Service Center, Raleigh, NC, 27699-1650.
The conditions of this Certification notwithstanding, Martin Marietta Materials or its successor is required to
conduct its activities in a manner consistent with water quality standards and classifications as well as all applicable
state and federal laws. If water quality standards and classifications are not met or if state and/or federal laws are
violated, the Division may reevaluate this Certification. This reevaluation may result in modifications to the
Certification to include conditions appropriate to ensure compliance with water quality standards and classifications
as well as state and federal law in accordance with 15A NCAC 2H.0507 (d). Before modifying this Certification, the
Division shall notify Martin Marietta Materials or its successor and the US Army Corps of Engineers, provide notice
in accordance with 15A NCAC 2H .0503, and provide opportunity for a public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to Martin Marietta Materials or its successor in
writing.
Violations of any conditions herein set forth .may result in revocation of this Certification and' may, result in
criminal and/or civil penalties.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon.written request
within the sixty (60) days following the receipt of this Certification. This request must be in the form of a written
petition conforming to Chapter 150B of the North Carolina General Statures and filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications upon are made to
an original Certification, you have right to adjudicatory on the modifications upon written request within sixty days
following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding.
This thel5th day of March 2004
DIVISION OF WATER QUALITY
WQC # 3452
I
K ime , E.