20030222 Ver 3_Approval Letter_20200626

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Johnston County
Attn: Mr. Rick Hester
PO Box 1049
Smithfield, NC 27577
NORTH CAROLINA
Environmental Quality
April 2, 2020
DWR # 2003-0222 v3
Johnston County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Approval of Neuse River Riparian Buffer Impacts with Additional Conditions
Johnston County Landfill Expansion — Phases 6 - 10
USACE Action ID. No. SAW-2017-00348
Dear Mr. Hester:
Attached hereto is a copy of Certification No. WQC004224 issued to Mr. Rick Hester and Johnston
County, dated April 2, 2020. 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
. a lm nt ofE JNA
Oaparhnenl o<Envlmmmenla49uality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Johnston County Landfill Expansion
DWR Project #20030222v3
Individual Certification #WQC004224
Neuse River Buffer Authorization
Page 2 of 8
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:
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 and under the Neuse Riparian Buffer Protection Rules (15A NCAC 02B .0233). Contact
Paul Wojoski at 919-707-3631 or [e-mail] if you have any questions or concerns.
Sincerely,
,-DocuSigned by:
�949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Phil May, Carolina Ecosystems (via email)
Samantha Dailey, USACE Raleigh Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch file
Filename: 220030222v3JohnstonCountyLandfillExpansion(Johnston)_401_IC_NRB

Johnston County Landfill Expansion
DWR Project #20030222v3
Individual Certification #WQC004224
Neuse River Buffer Authorization
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004224 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. Rick Hester and Johnston County, who have authorization for the impacts listed below, as described
within your application received by the N.C. Division of Water Resources (Division) on November 5, 2019
and subsequent information on March 2, 2020 and by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division on July 30, 2019.
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. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and (c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount
Approved
(units)
Temporary
Stream
Fill - Site 1 (Ex. 2) — Stream SK
1,516 (linear feet)
0 (linear feet)
Crossing — Site 2 (Ex. 3) — Stream SE
119 (linear feet)
30 (linear feet)
Crossing — Site 3 (Ex. 4) — Stream SE
143 (linear feet)
30 (linear feet)
Crossing (conversion of temporary impact
to permanent) - Site 4 — Stream SC
118 (linear feet)
0 (linear feet)
Wetland
Fill - Site 1 (Ex. 2) — Wetlands WN and WO
0.38 (acres)
0 (acres)
Fill - Site 1 (Ex. 2) — Wetlands WP, WQ,
WAN, WAM
1.86 (acres)
0 (acres)
Crossing - Site 2 (Ex. 3) — Wetland WAG
0.17 (acres)
0 (acres)
Crossing - Site 3 (Ex. 4) — Wetland WAG
0.24 (acres)
0 (acres)
Site 4 — Crossing (conversion of temporary
impact to permanent) Wetland WAD
0.22 (acres)
0 (acres)
Buffers — Zone 1
Crossing — Stream SE
7,166 (square feet)
0 (square feet)
Crossing — Stream SE
8,562 (square feet)
0 (square feet)

Johnston County Landfill Expansion
DWR Project #20030222v3
Individual Certification #WQC004224
Neuse River Buffer Authorization
Page 4 of 8
Crossing — Stream SD
6,812 (square feet)
0 (square feet)
Buffers — Zone 2
Crossing — Stream SE
4,748 (square feet)
0 (square feet)
Crossing — Stream SE
5,758 (square feet)
0 (square feet)
Crossing — Stream SD
4,370 (square feet)
0 (square feet)
2. Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the NC Division of Mitigation Services (DMS) dated October
29, 2019 to meet the stream mitigation requirement and a letter from Wildlands Holdings III, LLC to
meet the wetland mitigation requirement. Until these entities receive and clear your payment, and
proof of payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment
to these entities to meet the following compensatory mitigation requirement [15A NCAC 02H .0506
(b)(6)]:
Compensatory Mitigation Required
River and Sub -basin Number
Stream
1,896 (linear feet)
Neuse River Basin
03020201
Wetland
2.87 (acres)
Neuse River Basin
03020201
3. A copy of the water quality monitoring plan required by the Division of Solid Waste shall be
submitted to the Division of Water Resources for each phase of the Johnston County Landfill
Expansion. Any future modifications to the water quality monitoring plan shall be also submitted to
the Division of Water Resources for the life of the landfill. Monitoring requirements may be added
by the Division of Water Resources upon review of the water quality monitoring plan approved by
the Division of Solid Waste. [15A NCAC 02H .0506(b)(5) and (c)(5)]
4. Full Compliance with Major Variance (DWR Project #20030222 v2), issued by the Division on August
1, 2017 is required. [15A NCAC 02H .0506(b)(3)]
5. Stormwater runoff from impervious surfaces shall be addressed in one or more of the regulated
programs: an approved Sediment and Erosion Control Plan, a NPDES Stormwater permit, a NPDES
wastewater permit, a Landfill Permit issued by the Division of Solid Waste, a Division approved
Stormwater Management Plan. [15A NCAC 02H .0506(b)(5)]
6. 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]

Johnston County Landfill Expansion
DWR Project #20030222v3
Individual Certification #WQC004224
Neuse River Buffer Authorization
Page 5 of 8
7. 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]
8. 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).
9. 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]
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201]
11. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This
includes interior/exterior slopes of sediment basins. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
12. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
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. [15A NCAC 02H .0506(b)(5) and (c)(5)]
13. All work in or adjacent to streams 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, and other diversion structures shall be
used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)]
14. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet
this standard. [15A NCAC 02B .0200]
15. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of
the stream above and below a pipe or culvert shall not be modified by widening the stream channel or
by reducing the depth of the stream in connection with the construction activity. The width, height,
and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring
flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)].
16. 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 .0200]

Johnston County Landfill Expansion
DWR Project #20030222v3
Individual Certification #WQC004224
Neuse River Buffer Authorization
Page 6 of 8
17. No temporary impacts are allowed beyond those included in this Certification. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
18. 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)]
19. 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.
20. 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)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the Permittee shall report to the Raleigh Regional Office at (919)
791-4200 (after hours and on weekends call 800-858-0368) 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.
23. Mr. Rick Hester and Johnston County 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. Rick
Hester and Johnston County 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. Rick Hester and Johnston County 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.

Johnston County Landfill Expansion
DWR Project #20030222v3
Individual Certification #WQC004224
Neuse River Buffer Authorization
Page 7 of 8
24. 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.deq.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
25. 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]
26. 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.
27. 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)]
28. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
29. The permittee shall report to the Raleigh Regional Office any noncompliance with this Certification,
any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B
.0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances. A written submission
shall also be provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.
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]

Johnston County Landfill Expansion
DWR Project #20030222v3
Individual Certification #WQC004224
Neuse River Buffer Authorization
Page 8 of 8
This the 2nd day of April 2020
1-DocuSigned by:
�Gart.G N/020
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
PAW
WQC004224