19970893 Ver 4_Approval Letter_20071130

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Mr. David King
Shotwell Landfill, Inc.
P.O. Box 576
Garner, NC 27529
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 30, 2007
Re: Shotwell Construction and Demolition Landfill Expansion, Wake County
Ut to Marks Creek [030402, 27-38, C, NSW
DWQ #19970893; USACE Action ID. No. SAW-2007-03170
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. King:
Attached hereto is a copy of Certification No. 3716 issued to Mr. David King and Shotwell Landfill, Inc.,
dated November 30, 2007. This letter shall also act as your approved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to) Solid
Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply
Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/ijm
Si rely
Coleen H. Sullins, Director
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE
Lauren Witherspoon, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Phil May, Carolina Ecosystems, Inc., 8208 Brian Court, Garner, NC 27529
Filename: 970893Ver4Shotwell_C&D_La ndfillExp(W ake)401 _IC
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
Non` Carolina
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Mr. David King and Shotwell Landfill, Inc.
Page 2 of 6
November 30, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
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 15 NCAC 2H, Section .0500 to Mr. David King and Shotwell Landfill, Inc., to fill or
otherwise impact 1.09 acres of 404/wetland, 50 linear feet of temporary, perennial stream impact, 467 linear
feet permanent, intermittent stream impact, 0.55 acres of open water (pond) and 60,306 square feet of Zone
1 Neuse River basin protected riparian buffers, and 56,408 square feet of Zone 1 Neuse River basin
protected riparian buffers to construct the proposed Shotwell Construction and Demolition Landfill
Expansion, which is located on Shotwell Road in Wake County, North Carolina, pursuant to an application
dated August 28, 2007 and received by the DWQ on September 7, 2007, and by Public Notice by the U.S.
Army Corps of Engineers issued on the 4"' day of October of 2007 (received by DWQ on October 5, 2007).
The application and supporting documentation 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 Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts to
wetlands, streams, and/or buffers, are approved including incidental impacts:
T e of Im act Amount A roved Units Plan Location or Reference
404/Wetland 1.09 acres ~ A lication and Public Notice
Stream - erennial 50 linear feet - tem ora A lication and Public Notice
Stream -intermittent 467 linear feet - ermanent A lication and Public Notice
O en Water' and 0.5 acres A lication and Public Notice
Zone 1 Buffers 60,306 s uare ft.) A lication and Public Notice
Zone 2 Buffers 56,408 s uare ft. A lication and Public Notice
2. Diffuse Flow
ti
All stormwater conveyance outlets must discharge to a properly designed, constructed and
maintained level spreader. If site conditions are not appropriate for a level spreader due to site
topography or high stormwater flow, then a stormwater BMP must be provided that will remove a

Mr. David King and Shotwell Landfill, Inc.
Page 3 of 6
November 30, 2007
minimum of 30 percent of total nitrogen. This BMP must be properly designed, constructed and
maintained. A diffused flow plan for this project shall be provided to this Office before any of
the impacts approved herein are conducted. The plan shall specify all stormwater discharge
points, level spreader worksheets, plan details of level spreaders, and calculations to indicate that
diffuse flow through the protected buffers. If one or more BMPs is used in place of providing
diffuse flow, then appropriate BMP worksheets, plan details and calculations must be provided
for the BMPs.
Sediment and Erosion Control:
3. 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 in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The 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.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. 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 404/401 Permit Application. 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;
5. Sediment and erosion control measures shall not be placed in wetlands or waters .to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
6. Protective Fencing -The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved to z
infringe within the buffer, wetland or water prior to any land disturbing activities;
Continuing_Compliance:
7. Mr. David King and Shotwell Landfill, 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 law and federal law. 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 to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before

Mr. David King and Shotwell Landfill, Inc.
Page 4 of 6
November 30, 2007
modifying the Certification, the Division shall notify Mr. David King and Shotwell Landfill, Inc.,
and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to Mr. David King and Shotwell Landfill, Inc. in
writing, shall be provided to the United States 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;
Miti ation:
8. 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 Wetlands Restoration 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. 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 have 60 calendar days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
T e of Im act Com ensato Miti ation Re uired River and Sub-basin Number
404/Wetland 2.18 acres Neuse/03020201
Buffers-Zone 1 254,826 s uare feet Neuse/03020201
Buffers Zone 2 86,771 (s uare feet) Neuse/03020201
9. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General Stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows Stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http: //h2o. ear.state. nc. us/su/Forms_Documents, htm. ;
11. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.or doh/operations/BMP manual/download/BMP Manual ~df)
such as sandbags, rock beams, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and

Mr. David King and Shotwell Landfill, Inc.
Page 5 of 6
November 30, 2007
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the. pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert. Therefore, you must provide plans with adequate details that indicate that the current
stability of the stream will be maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according
to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one 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. Design and placement of culverts. and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
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. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
12. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 OversightBxpress Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, 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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 1508 of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 671,4 Mail Service Center, Raleigh, N.C. 27699-6714. If

Mr. David King and Shotwell Landfill, Inc.
Page 6 of 6
November 30, 2007
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 30~' da of vember 2007
D IO OF R QUALITY
Coleen H. Sullins, Director
3716
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
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, Mr. David King and Shotwell Landfill, Inc., have permission as outlined
below to fill or otherwise impact 1.09 acres of 404/wetland, 50 linear feet of temporary, perennial stream impact,
467 linear feet permanent, intermittent stream impact, 0.55 acres of open water (pond) and 60,306 square feet of
Zone 1 Neuse River basin protected riparian buffers, and 56,408 square feet of Zone 1 Neuse River basin protected
riparian buffers to construct the proposed Shotwell Construction and Demolition Landfill Expansion, which is
located on Shotwell Road in Wake County, North Carolina. All activities associated with these authorized impacts
must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 19970893
LOCATION: Shotwell
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers. 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 15 2R.0503(b).
Im acts Miti anon
1.09 Acres 404/Wetland 2.18 Acres 404/Wetland
Buffers Zone 1 - 84,942 (S uare Feet) 254,826 (S uare Feet)
Buffers Zone 2 - 57,847 (S uare Feet) 86,771 (S uare Feet)
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands 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
ENHANCEMENT PROGRAM. °
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 970893 Ver4Shotwell_C&D_LandfillExp(Wake)401_IC_EEP
NO e Carolina
401 Oversight/Express Review Permitting Unit ~tllCll~i'!~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
Agent's Certification
I~ ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
.J:.,
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date