19970893 Ver 3_Approval Letter_20070509

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\O~~ 9pG Michael F. Easley, Governor
~ y William G. Ross Jr., Secretary
~ f_ North Carolina Department of Environment and Natural Resources
~ '~ Alan W. Klimek, P.E. Director
Division of Water Quality
May 9, 2007
Shotwell Landfill, Inc
Attn: Mr. David King
PO Box 576
Garner, NC 27529
DWQ # 97-0893v3
Wake County
Subject Property: Shotwell Landfill Expansion, 4274 Smithfield Road, Wendell, Wake County, NC
Marks Creek [030402, 27-38, C NSW]
AUTHORIZATION of Neuse River Riparian Buffer Protection Rules MAJOR VARIANCE [15A
NCAC 2B .0233(9)(c)] with ADDITIONAL CONDITIONS-REi~ISION
Dear Mr. King,
You have our authorization, in accordance with the conditions listed below, to impact 94,090
square feet (ft2) of Zone 1 of the protected buffers and 63,162 square feet (ftZ) of Zone 2 of the protected
buffers to expand the existing landfill on the subject property as described within your major variance
request dated November 27, 2006, received by the Division of Water Quality (DWQ) on November 27,
2006, and approved by the Water Quality Committee on March 7, 2007 with additional information
received by DWQ on Apri15, 2007. This letter shall act as your Major Variance authorization as
described within 15A NCAC 2B .0233(9)(c). In addition, you should get any other required federal, state
or local permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control. This Major Variance authorization replaces the Major variance authorization issued by DWQ
on April 9, 2007.
This revised authorization is only valid for the purpose and design that you described in your
Major Variance Request dated March 27, 2006. If you change your project, you must notify us and you
may be required to send us a new request for authorization. If the property is sold, the new owner must
be given a copy of this authorization and is thereby responsible for complying with all conditions. For
this authorization to be valid, you must follow the conditions listed below.
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall
occur to Zone 1 of the protected riparian buffers.
2. Written Stormwater Management Plan (No Further Review Needed)
The final, written stormwater management plans that were included in your Major
Variance request for your seven (7) dry detention basins must be implemented
operational before any construction or landfill activities occur in the buffers at the subject
site. The structural stormwater practices must be maintained in perpetuity. No changes to
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: http://h2o.enr.state.nc.us/ncwetlands
N~ rthCarolina
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An Equal OpportunitylAffirmativeRction Employer- 50% Recycledll0% Post Consumer Paper

May 9, 2007
Shotwell Landfill Major Variance
Page 2 of 3
the structural stormwater practices shall be made without written authorization from the
Division of Water Quality 401 Oversight/Express Review Permits Unit.
Deed Restrictions: Deed restrictions or similar mechanisms shall be placed on all
retained protective buffers in order to prevent future buffer impact. These mechanisms
shall be put in place prior to impacting any buffers approved for impact under this
Authorization Certificate.
Certificate of Completion
Upon completion of all work approved within this Buffer Authorization, the applicant is
required to return the attached certificate of completion to the 401 Oversight/Express
Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
Mitigation: 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 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. 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. The EEP should be
contacted at [phone] if you have any questions concerning payment into a
restoration fund. You must make the payment within 60 days from the date of the 401
Certification (once approved by DWQ). For accounting purposes, this Authorization
Certificate authorizes payment into the Buffer Restoration Fund to meet the
following compensatory mitigation requirement:
Compensatory
Miti ation Re uired Reference
Miti ation
Page 3 of the narrative
Zone 1 Buffers 94,090 (square feet) in the Major Variance 282,270 (square feet)
Re uest acket
Page 3 of the narrative
Zone 2 Buffers 63,162 (square feet) in the Major Variance 94,743 (square feet)
Re uest aeket
If you do not accept any of the conditions of this authorization, you may ask for and adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This authorization and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian

r '
may y, avv i
Shotwell Landfill Major Variance
Page 3 of 3
Buffer Protection Rules [15A NCAC 2B .0233(9)(c)]. Please call Amy Chapman at 919-715-6823 if you
have any questions or require copies of our rules or procedural materials. ~,
Sin y,
lan W. Klimek, P.E., Dii
Division of Water Quality
Enclosure: NC EEP Letter
cc: Phil May; Carolina Ecosystems, Inc; 8208 Brian Court; Garner, NC 27529
Lauren Cobb, DWQ Raleigh Regional Office
File Copy
Central Files
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File: 970893v3 ShotwellLandfillExpansion(Wake)MajVARrev

~,~ ~ A~-~9 Michael F. Easley, Governor
~ ~ O~ QG William G. Ross Jr., Secretary
'~, North Carolina Department of Environment and Natural Resources
~ -I Alan W. Klimek, P.E. Director
Q "~ Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, David King of Shotwell Landfill Inc, has permission as outlined below to
impact 94,090 square feet (ft2) of protected Zone 1 Neuse River basin riparian buffers and 63,162 square feet (ftz) of
protected Zone 2 Neuse River basin riparian buffer for the purpose of constructing the landfill expansion at Shotwell
Landfill at 4274 Smithfield Road in Wendell in Wake County. All activities associated with these authorized
impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Wendell, NC
COUNTY Wake
BASIN/ SUB BASIN Neuse/030402, 27-38
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to IS 2R.0503(b).
Im acts Miti ation
94,090 s uare feet of Zone 1 Buffers 282,270 s uare feet of Buffers
63,162 s uare feet of Zone 2 Buffers 94,743 s uare feet of Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail
the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at
the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form.
PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION
THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 970893v3 ShotwellLandfillExpansion(Wake)MajVAR_EEP
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
.Phone: [phone] FAX [phone]Internet: http~//h2o enr state.nc.us/ncwetlands
Noe Carolina
~luCRt'~1,~
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper