20210797 Ver 1_Major Variance_20210415

Water Resources
ENVIRONMENTAL QUALITY
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
E-FORM VAR 10-2018
Submittal Application dated 4/15/2021
A. General Project Information
For instructions on how to fill out this form, see the Major and Minor Variance Help Document posted on DWR's 401 & Buffer
Permitting page.
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions
are answered.
la. Is this a transportation
project?*
r Yes
Cr No
B. Please Identify Which Riparian Area Protection Rule Applies:
1. Type of Variance:
✓ Major Variance
✓ Minor Variance
A
Link to the 401 and Buffer Permitting Statues and Rules: https://deq.nc.gov/about/divisions/water-resources/water-resources-rules/401-
certification-express-review -statutes-rules-guides
✓ Neuse River Basin (15A NCAC 02B.0233)
✓ Randleman Lake Watershed (15A NCAC 02B.0250)
✓ Tar -Pamlico River Basin (15A NCAC 02B.0259)
✓ Jordan Lake Watershed (15A NCAC 02B.0267)
C' Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607)
C. Applicant/Owner Information
Who is submitting the application:*
rJ Owner
1
Applicant other than
Owner
✓ Agent
Check all that apply.
Is there an agent working on the project but not submitting it?*
✓ Yes
r No
Primary Contact:
Primary Contact Email:
1. Property Owner:
Thomas Brown
This is for who should be notified if a payment is required.
[e-mail]

la. Name:*
Ron Kopplin
1b. Title: President, Martin Marietta Materials
lc. Mailing Address:*
Street Address
2700 Wycliff Road
Address Line 2
CitY
Raleigh
Fbstal / Zip Code
27607-3055
Id. Telephone:* 919-268-5297
le. Email Address:*
State / Bovine/ Region
NC
Country
US
[e-mail]
D. Project Information
1. Project Name:*
2. County(ies)*
Wake
3. Property Location:
3a. Property Address:*
Street Address
6028 Triangle Drive
Address Line 2
City
Raleigh
Fbstal / Zip Code
27617
3b. Latitude:
35.8941949
Martin Marietta Raleigh -Durham Quarry
(Subdivision, facility, or establishment name)
State / Bovine / Fbgion
NC
Country
US
3c. Longitude:
-78.7473431
3d. Attach an 8 1/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site.
Click the upload button or drag and drop files here to attach docurrent
USGS 2019 Bayleaf, 1_24000.pdf
FCF oily
* USGS Topo look up
198.37KB
3e. Attach an 8 1/2 x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site.
Click the upload button or drag and drop files here to attach docurrent
Printed Soil Survey.pdf 673.82KB
IT F only
Link to Soil Surveys for North Carolina Counties. (Please see instructions in the Help Document to determine the most recent
published version.)

4. Property Information: A
4a. Parcel Identification Number (PIN)
0778648516
4b. Date Property Purchased:
11/12/1993
rrnldd/yyyy
4c. Type
Book#
Page#
of Book
Deed
Map
4d. Attach a copy of the recorded map that indicates when the lot was last platted.
Click the upload button or drag and drop files here to attach docurrent
FtF Qnly
4e. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?*
c Yes r: No
4f. Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
C Yes (' No r Unknown
5. Stream associated with riparian buffer to be impacted by the proposed activity:
Name
UT to Sycamore Creek
Water Quality aassification
B;NSW
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied
11/6/2015
Date Received
12/14/2015
Permit Type
Mining Permit 92-11
J
E. Proposed Activity
1. Provide a detailed description of the proposed activity including its purpose:*
Map
4d. Attach a copy of the recorded map that indicates when the lot was last platted.
Click the upload button or drag and drop files here to attach docurrent
FtF Qnly
4e. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?*
c Yes r: No
4f. Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
C Yes (' No r Unknown
5. Stream associated with riparian buffer to be impacted by the proposed activity:
Name
UT to Sycamore Creek
Water Quality aassification
B;NSW
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied
11/6/2015
Date Received
12/14/2015
Permit Type
Mining Permit 92-11
J
E. Proposed Activity
1. Provide a detailed description of the proposed activity including its purpose:*

Martin Marietta (MM) operates the Raleigh Durham Quarry, located south of the project area. The Quarry supplies
vital aggregate material for the growing demand in this area. In 2013 MM obtained a Jurisdictional Determination to
avoid wetland and stream impacts associated with plans to move Westgate Rd to the north and expand the Quarry
into ifs previous footprint. In 2018, the road re -alignment was completed and the quarry began expanding to the
north. Overburden removal began in order to expand the pit. Some of this overburden material was sold as fill for
other construction projects and what could not be sold due to quality or lower demand was moved to the current
berm footprint. The current storage area as shown on the map has been exhausted. The Quarry is now in a position
where if more overburden is not removed, the north side of the pit will have to be abandoned, leaving the quarry with
a limited operational life. In developing the pit, in order mine deeper, the pit has to expand outward to essentially stair
step the walls in benches from top to bottom.
The project involves using off -road articulated trucks to move overburden material from the current site, under
Westgate Rd to 3 new proposed overburden storage berms, and an expansion of the existing berm. The existing
berm narrows in the middle due to originally avoiding stream impacts. Due to slopes, this causes the center of the
berm to be lower than the ends. Expanding this berm to the south not only adds storage in the area of the stream
impact, but will also allow the current berm to be built higher in the middle. Once the overburden is moved to these
berm locations it will be sloped and compacted by dozers, stabilized and planted. A stormwater BMP will be
constructed in the stream on the west side of the southern berm. Appropriate storm water BMPs will be constructed
at each of the other berm sites, but there will be no other impacts to wetlands or waters.
2. Attach a site plan as applicable to the project:
Click the upload button or drag and drop files here to attach docunent
Proposed Buffer Impact Map 1-1-2020.pdf
Haul Road Cross Section.pdf
21.02.24. RDU. Proposed.Stream.Cross.Section.pdf
FDF only
3.01 MB
501.89KB
189.14KB
** Below is a link with instructions on what you will need to show on your site plan.
http://edocs.deq.nc.gov/WaterResources/O/doc/402224/Page1.aspx
F. Proposed Impacts and Mitigation Information
..........................................................................................................................................................................................................
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
la. Site# - Reason
lb. Buffer
lc. Stream Name
I d. Mitigation
1 f. Zone 1
lg. Zone 2
Impact*
Required?
Overburden Fill
Permanent
Stream B, UT to
Yes
35,716.00
24,164.00
Nap label (e.g. Road Crossing 1)
(P)
Sycamore Creek
Square Feet
Square Feet
Road Crossing
Permanent
Stream A, UT to
Yes
3,000.00
2,000.00
Nap label (e.g. Road Crossing 1)
(P)
Sycamore Creek
Square Feet
Square Feet
Nap label (e.g. Road Crossing 1)
Temporary
0.00
0.00
(T)
Square Feet
Square Feet
lh. Total Zone 1 Impacts: 38,716.00
1i. Total Zone 2 Impacts: 26,164.00
1j. Total Buffer Impacts: 64,880.00
1k. Comments:
Martin Marietta is applying for a Major Exception as requested in a 4/15/2021 email from Rick Trone.
Calculated Mitigation

11. Zone 1
'Total Impact
ultiplier
'Required Mitigation
38,716.00
3
116,148.00
Square Feet
Square Feet
1 m. Zone 2
Total Impact
Multiplier
Required Mitigation
26,164.00 11.50
Square Feet
39,246.00
Square Feet
2. Mitigation Information
2a. What is the mitigation plan proposed for this project?*
I— Payment to private mitigation bank
17 Payment to Division of Mitigation (DMS)
Permittee responsible mitigation
2e. Attach your reservation letter from DMS.*
Click the upload button or drag and drop files here to attach document
Martin Marietta Raleigh Durham Quarry DMS Acceptance
Letter.pdf
FDF Only
2f. Comments:
364.78KB
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re-
planting vegetation or enhancement of existing vegetation, gutter splash pads, level spreader to control of
runoff from impervious surfaces, etc.).*
A vegetated buffer will be provided in areas not directly impacted by the project. Appropriate Stormwater BMPs
approved by DMLR will be constructed at the base of the overburden Berm.
2. Show the location of diffuse flow measure(s) on your site plan.
Click the upload button or drag and drop files here to attach document
Proposed Buffer Impact Map 1-1-2020.pdf 3.01MB
FM only
3. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for
each proposed measure.
Click the upload button or drag and drop files here to attach document
FDF Only
4. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
Click the upload button or drag and drop files here to attach docurrent
FDF Only
H. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environrrental Managerrent Commission to grant a variance when there are practical difficulties or
unnecessary hardships that prevent compliance with the strict letter of riparian buffer protection.

1. Explain how complying with the provisions of the applicable rule would prevent you from securing a
reasonable return from or make reasonable use of your property. Merely proving that the variance would permit
a greater profit from the property shall not be considered adequate justification for a variance. The Division will
consider whether the variance is the minimum possible deviation from the terms of the applicable Buffer Rule
that shall make reasonable use of the property possible.*
Martin Marietta (MM) operates the Raleigh Durham Quarry, located south of the project area. The Quarry supplies
vital aggregate material for the growing demand in this area. In 2013 MM obtained a Jurisdictional Determination to
avoid wetland and stream impacts associated with plans to move Westgate Rd to the north and expand the Quarry
into it's previous footprint. In 2018, the road re -alignment was completed and the quarry began expanding to the
north. Overburden removal began in order to expand the pit. Some of this overburden
material was sold as fill for other construction projects and what could not be sold due to quality or lower demand was
moved to the current berm footprint. The current storage area as shown on the map has been exhausted. The
Quarry is now in a position where if more overburden is not removed, the north side of the pit will have to be
abandoned, leaving the quarry with a limited operational life. In developing the pit, in order mine deeper, the pit has
to expand outward to essentially stair step the walls in benches from top to bottom.
2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors
such as deed restrictions or other hardships (e.g. zoning setbacks, floodplains, etc).*
Property is limited in this area and without a location to store overburden material, the quarry would not be able to
economically viably continue to operate. The buffer on this small stream where we are proposing to place
overburden limits the use of our property which limits overburden storage areas.
3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable
Buffer Rule.*
The applicant has not violated the buffer rule. Stream buffers have been avoided by previous phases of the project.
4. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography,
which is different form that of neighboring property. *
Avoiding stream Ns buffer with our current berm has limited the height of the berm in the middle. Impacting this buffer
will allow the berm to not only expand its footprint, but will also expand the height of the middle pinched area in the
berm where the buffer has previously been avoided.
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that
are widespread.*
The conditions are unique to the property because of the type of operation we have. There is no other property in
the surrounding area to store this amount of overburden.
For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only:
6. Did the applicant purchase the property after the effective date of the applicable Buffer Rule and then request
a variance?*
The applicant purchased the property before the effective date of the Buffer Rule.
I. Sign and Submit
Deed Restrictions
By your signature of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded
drainage easements, that the easements Mil run with the land, that the easements cannot be changed or deleted without concurrence
from the State, and that the easements will be recorded prior to the sale of any lot.
Applicant's Certification
I, certify that the information included on this permit application form is correct, that the project will be constructed in conformance with
the approved plans and that the deed restrictions will be recorded with all required permit conditions.
* 17 By checking the box and signing the box below I certify that:

By digitally signing below, I certify that:
a I have given true, accurate, and complete information on this form;
a I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act")
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act");
a I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
a I intend to electronically sign and submit this form.
Print Name:*
Signature *
Thomas Brown
Mows 5(a J4
Submission Date: Autonaticallyfilled in

Initial Review
Is the project accepted 17. Yes r No
for review?*
Is the project located
within a NC DCM Area
of Environmental
Concern (AEC)?*
Is this a public -funded
transportation
project?*
✓ Yes r No r Unknown
✓ Yes a No
ID#* 20210797
Version* 1
Reviewing Office* Central Office - [phone]
Select Reviewer* Rick Trone:eads\rvtrone
Has payment been r No Payment Needed
received?* r Fee Received
✓ Need Fee- send electronic notification

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Raleigh Durham Quarry
Proposed Buffer Impact Map
Drawn by: TLB
1/13/2020
Legend
Streams
Proposed Road Crossing
Future City of Raleigh Road Allignment
Project_Area
Wetlands
Proposed Berm Footprints
Approximate Current Berm
• • • 4�J
Proposed Buffer Impact
Road Crossing
Stream A
Zone 1: 3,000 sqft
Zone 2: 2,000 sqft
Proposed Buffer Impact
Stream B
Zone 1: 35,716 sqft
Zone 2: 24,164 sqft
250 125 0 250 Feet

10' clear distance
between vehicles & barrier
Safety Berm
10' clear distance between
vehicles
Typical haul truck profile
approx. 20.0' wide
7 C
Approx. 80ft top width
(
7 C
OL
Fill (Exceeding Pipe Crush Depth)
Culvert Pipe
100'
10
BY
BY
BY
BY
BY
BY
BY
BY
BY
BY
BY
BY
Ak
Martin
Marietta
PROPOSED HAUL ROAD CROSSING
ROAD CROSS SECTION
DATE REVISION
QUARRY: RDU
© 2020 BY MARTIN MARIETTA MATERIALS, INC. ALL RIGHTS RESERVED. UNAUTHORIZED DUPLICATION IS PROHIBITED.
FILE NAME: Raleigh Durham Quarry
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NOTES:
1. ENSURE MINIMUM PIPE COVER
MEETS MANUFACTURER
RECOMMENDATIONS
2. STREAM CHANNEL SHAPE FOR
ILLUSTRATIVE PURPOSES ONLY
3. PIPE DIAMETER SHOWN IS MINIMUM
THAT WILL BE INSTALLED
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Marietta
BY
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401/404 PERMIT APPLICATION
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2 BY
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PROPOSED STREAM CROSSING
BY
REVISION BY
QUARRY: RDU
DATE
© 2019 BY MARTIN MARIETTA MATERIALS, INC. ALL RIGHTS RESERVED. UNAUTHORIZED DUPLICATION IS PROHIBITED.
FILE NAME: RDU.PROP.CROSSING
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1

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Ron Kopplin
Martin Marietta Materials
2710 Wycliff Road
Raleigh, NC 27607
NORTH CAROLINA
Environmental Quality
January 12, 2021
Expiration of Acceptance: 7/12/2021
Project: Martin Marietta Raleigh Durham Quarry County: Wake
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
(8-digit HUC)
Impact Type
Impact Quantity
Neuse
03020201
Warm Stream
700
Neuse
03020201 Outside Falls
Riparian Buffer (Zone 1)
38,716 up to 3:1
Neuse
03020201 Outside Falls
Riparian Buffer (Zone 2)
24,164 up to 1.5:1
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly.Williams©ncdenr.gov.
cc: Thomas Brown, agent
Sincerely,
AttlykJeAttArek_,,,
FOR James. B Stanfill
Asset Management Supervisor
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality Division of Mitigation Services
217 W. Jones Street 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

Raleigh Durham Quarry
Proposed Buffer Impact Map
Drawn by: TLB
1/13/2020
Legend
Streams
Proposed Road Crossing
Future City of Raleigh Road Allignment
Project_Area
Wetlands
Proposed Berm Footprints
Approximate Current Berm
• • • 4�J
Proposed Buffer Impact
Road Crossing
Stream A
Zone 1: 3,000 sqft
Zone 2: 2,000 sqft
Proposed Buffer Impact
Stream B
Zone 1: 35,716 sqft
Zone 2: 24,164 sqft
250 125 0 250 Feet