The URL can be used to link to this page

Home My WebLink About19970893 Ver 4_Approval Letter_20071212Mr. David King Shotwell Landfill, lnc P.O. Box 576 Garner, NC 27529 mmu;il r" uasscy' kjovcruckr William G Rom Jr., seixeilary Noirlih Cairaliks',,ii Delpartnient (if Eavirommentmid Natual Rismurcei Deciernber 1.2,, 2007 Cdcal H, Wins, (Artraor Divisbn of Water Qual hy Re: Showell Construction and Demolition Landfill Expansion, Wake Counq, Ut to Marks Creek t030402, 27-38, C, NSWJ DWQ #19970893; USACE Action TD. 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 - RE, VISED Dear Mr. King: Attached hereto is a copy of Certification No. 3716 issued to Mr. David Kingand Shotwell Landfill, Inc., dated December 12, 2007. This letter shall also act as your approved Authorization Certificate for pacts to the protected riparian buffers por 15A NCAC 2B 0233. This Certification replaces the Certification issued, to you on November 30,2007. In addition, you should get any other federal, state N r local permits before you go ahead Nvith your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non -discharge and Water Supply Watershed regulairto ns. Sin ely, oleen H. Sullins L&M-17M Attachments - NCDWQ 401 WQC Summary of Permanent Impacts and tvlitigatiQn Requirements Cortificaw of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 US. Army Corps of Engineers, Meigh Regulatory Field Office, Wilmington District, USACOB Lauren Witherspoon, DWQ, Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Phil May, Carolina Ewsystems, Inc., 8208 Brian Court, Garner, NC 27529 Nkomo, 97OB93Vtr4Sho?weU—C&D—lAndRRExp(WakW, 01-1C—Rt-Y1wd TTUf497F—,-TW M tr-777A 711 1660 man 80*0 C"r, w1n*RtwM' ROM caralha 2709-1860 2321 o'erqPA Dyard-Salsm, ith Camrm 270 , $ub 26D. WInWon W 64 Phow 919-7U1786 i rAX 919-7334893 1 lnten� http:lfh2.o.en:r.state.nc.usineviatiands E�A i! IF IIIII li� III 7 Mr. David King Shotwell Landfill, lnc P.O. Box 576 Garner, NC 27529 mmu;il r" uasscy' kjovcruckr William G Rom Jr., seixeilary Noirlih Cairaliks',,ii Delpartnient (if Eavirommentmid Natual Rismurcei Deciernber 1.2,, 2007 Cdcal H, Wins, (Artraor Divisbn of Water Qual hy Re: Showell Construction and Demolition Landfill Expansion, Wake Counq, Ut to Marks Creek t030402, 27-38, C, NSWJ DWQ #19970893; USACE Action TD. 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 - RE, VISED Dear Mr. King: Attached hereto is a copy of Certification No. 3716 issued to Mr. David Kingand Shotwell Landfill, Inc., dated December 12, 2007. This letter shall also act as your approved Authorization Certificate for pacts to the protected riparian buffers por 15A NCAC 2B 0233. This Certification replaces the Certification issued, to you on November 30,2007. In addition, you should get any other federal, state N r local permits before you go ahead Nvith your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non -discharge and Water Supply Watershed regulairto ns. Sin ely, oleen H. Sullins L&M-17M Attachments - NCDWQ 401 WQC Summary of Permanent Impacts and tvlitigatiQn Requirements Cortificaw of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 US. Army Corps of Engineers, Meigh Regulatory Field Office, Wilmington District, USACOB Lauren Witherspoon, DWQ, Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Phil May, Carolina Ewsystems, Inc., 8208 Brian Court, Garner, NC 27529 Nkomo, 97OB93Vtr4Sho?weU—C&D—lAndRRExp(WakW, 01-1C—Rt-Y1wd TTUf497F—,-TW M tr-777A 711 1660 man 80*0 C"r, w1n*RtwM' ROM caralha 2709-1860 2321 o'erqPA Dyard-Salsm, ith Camrm 270 , $ub 26D. WInWon W 64 Phow 919-7U1786 i rAX 919-7334893 1 lnten� http:lfh2.o.en:r.state.nc.usineviatiands E�A i! IF IIIII li� III Page 2 of 6 Deceinber 12, 2007 NORTH CAROLINA 401 WATER QUALITY CERTIFICXFION 3020,303, 306, 307 of PL 92-500 mad PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions heminafter set forth. rt r is "ALAWAU11 %;M11p,11YUKUly fult%M771 Mal FeqtToa M aesc OR in I SA NCAC 2H .0506 (h) (6) and (7). If any plan rov6ions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall bi-, notified in writing and a now application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certifiestion: All stormwater conveyance outlets must discharge to a property 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 BIVIP inust be provided that will remove a _A,6T(tinear feet) - permanent 0,3 60,306 Lsquare ft,) MAMMIMI 56,40a (square. ft,) All stormwater conveyance outlets must discharge to a property 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 BIVIP inust be provided that will remove a Page 3 of b December 12, 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 condueted. 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 cont . tor-owned or leased borrow pits associated with the project. c. Sufficient :terials required for stabilization and/or repair of erosion control measures and stormwater ranting and treatment shall be on site at all f es. 4. No waste,spoil, solids,or fill of any kind shall occur in wetlands,waters, or riparian as beyond the footprint of the impacts depicted in the 404/401Permit 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& dards, s tes,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 :rked with o : ge warning fencing(or similar high visibility material)for the as that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities; Continuing Compli ce: 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. lithe 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 ; -we 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 rage oi December 12,2007 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 S • .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; Mitigation: 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 miti:•tion 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 Progr. Office),no ' acts specified in this Authorization Certificate shall occur. The EEP should be contacted at(919) 733-5205 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 ie of tin act Corn•cnsato l'eliti:ation Re•'aired River and Sub-basin Number 404/Wetland 2.1. (acres.) Neuse/03020201 Buffers Zone 1 176,418 s•uare feet Neuse103020201 Buffers Zone 2 83,112 (square feet) Neuse/03020201 9. Construction Stormwater Pe i•'t NCGO10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of d Resources(DLR) or a DLR delegated local erosion and sedimentation control program,an NPDES General stormwater permit(1qCG010000) 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 requ' - • A copy of this permit and monitoring report fo • .y be found at h ,://h2o.enr. tote. ./su/Forms Docuatents.htin.; 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 ci -nt version of NCDOT Construction and Maintenance Activities manual (h •:11www.ricdot.or_ dohio•erations/EMP manual/dew' leadiBMP Manual..df) such as sandbags,rock ber • , 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 Page 5 of 6 December 12,2007 longitudinal profile) must be maintained above and below locations ()leach 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, d 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 upstr• and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be main.." ed 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 nee- ary, 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 acco iodate 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 PM Certification has been completed. The responsible party shall complete the a bed 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 Oversight/Express 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 C • 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 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings,6714 Mail Service Center,Raleigh,N.C. 27699-6714. If ott6G U JL U December 12,2007 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 Certifkation shall be fin:I and binding. This the 12 ' day of De nher 2007 DIVI-kyON,F T ' QUALITY • • / Coleen EL Sullins 3716 CHS/chleipn