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HomeMy WebLinkAbout19970893 Ver 5_Emails_20160615Burdette, Jennifer a From: Cara Conder <cconder@res.us> Sent: Wednesday, June 15, 2016 2:08 PM To: Burdette, Jennifer a Cc: Anna Reusche Subject: Shotwell Landfill buffer credits Attachments: DWQ NEUSE RIVER BUFFER 12-12-07.pdf, Buffer SOA Shotwell Landfill 061516.pdf Hi Jennifer, I know Anna Reusche spoke to you about this project earlier today regarding the buffer mitigation. The client has paid RES/EBX for 210,393.10 buffer credits as of today, however, in order to process the transaction we need a revised permit noting that RES/EBX is providing part of the mitigation (Section 8 in the old attached permit). The client is anxious to have the paperwork sent to DWR, so I was wondering if you could send me an email authorization until we receive the revised permit? If so, I could send his paperwork out today or tomorrow. Also, I knew you'd probably need a letter of availability so I attached one as well! Thank you, Ca ra Cara Conder I Credit Sales Coordinator I Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 1 Raleigh, NC 27605 Direct: 919.209.1052 1 Cell: 843. 6.2312 )res Mr. David King Shotwell Landfill, Inc. P.O. Box 576 Garner, NC 27529 MiGn4c;1 r, `,3510y' Uovcrnar William Cr. Ross arm, Secretary 'North Cdrdina Department of Esivirrinnient akid Natural asources Dccembcx 12, `"007 coleca Hullins, Director DivisiDn of Water Quality Re: Shotwell Construction and Demolition Landfill Expansion, Wake Counq, Ut to Marks Creek t030402, 27-38, C, NSWJ DWQ 019970893; USAGE Action TD. No. SAW -2007-03170 APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A ICAC 2B .0233) with Additional Conditions - RE, VISED Dear Mr. King: Attached hereto is a copy of Certification No. 3716 issued to Mr. David King :and Shotwell Landfill, Inc., dated December 12, 2007. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 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 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 Nve can be of further assistance, do not hesitate to contact us. Sin ely, oleen H. Sullins CHS/obk/fjm Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 US. 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, Carver, NC 27529 Heoamo: '970393Vtr4Shatwen—CSc> —LandIiEExtr akW, 01—TC—Re-vised jver$i INV EVW Raylow Pumb Una � k?, 71M. FJ 100 Man Swvfw Center, What"allem Notth Card hal 27699-1850 2321 Ctobt" ad SqfA , $vb 26D. Winston,484om, Nodh Carla 27M ov Phone: 919-733-1786 1 FAX 919-7334893 1 Intent httpIlh2.o.en:r.state.nc.usJncviatlands An Equal 0ppodunIb#Affl=t1Ye AdIon Emproyer-50% Re*18(11110% Post Censwer Paper 7 Mr. David King Shotwell Landfill, Inc. P.O. Box 576 Garner, NC 27529 MiGn4c;1 r, `,3510y' Uovcrnar William Cr. Ross arm, Secretary 'North Cdrdina Department of Esivirrinnient akid Natural asources Dccembcx 12, `"007 coleca Hullins, Director DivisiDn of Water Quality Re: Shotwell Construction and Demolition Landfill Expansion, Wake Counq, Ut to Marks Creek t030402, 27-38, C, NSWJ DWQ 019970893; USAGE Action TD. No. SAW -2007-03170 APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A ICAC 2B .0233) with Additional Conditions - RE, VISED Dear Mr. King: Attached hereto is a copy of Certification No. 3716 issued to Mr. David King :and Shotwell Landfill, Inc., dated December 12, 2007. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 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 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 Nve can be of further assistance, do not hesitate to contact us. Sin ely, oleen H. Sullins CHS/obk/fjm Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 US. 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, Carver, NC 27529 Heoamo: '970393Vtr4Shatwen—CSc> —LandIiEExtr akW, 01—TC—Re-vised jver$i INV EVW Raylow Pumb Una � k?, 71M. FJ 100 Man Swvfw Center, What"allem Notth Card hal 27699-1850 2321 Ctobt" ad SqfA , $vb 26D. Winston,484om, Nodh Carla 27M ov Phone: 919-733-1786 1 FAX 919-7334893 1 Intent httpIlh2.o.en:r.state.nc.usJncviatlands An Equal 0ppodunIb#Affl=t1Ye AdIon Emproyer-50% Re*18(11110% Post Censwer Paper Page 2 of 6 Deceinber 12, 2147 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION NMI 119MI ff�l 11 low, 1 1 lot, 3020,303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. - - - - - - - - - - - IUUJ�$'�AOU nay MqUreu 19 in I SA NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan ressult in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be 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 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 Type of Impact Amount Approved (Knits) Plan Location or Reference 4fWVWet�lan�d 1.09 (acres Application and Public Notice Stream - perennial 'oe 50 (linear feet - temporary Application and clic Notice Stream - intermittent 467 linear feet) - permanent lication and Public Notice Open Water (pond) 0,5 (acres) Application and Public Notice Zone I Buffed 60,306 (square ft) Application and Public Notice Zone 2 Buffers 56,40a (square. ft,) Application and Public Notice 2. Diffise Flow 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 storm water BMP inust be provided that will remove a Page 3 of 6 December 12, 2007 naininium of 30 percent of total nitrogen, This BNIP,must be properly designed, constructed arid maintained. A diffitsed flow plan for this project shall be provided to this Office be -fore any of the impacts approved herein are conducted. The plan shall specify all stormwater discharge points, level spreaderworksheets, plan details of level spmders, and calculations to indicaw- that diftsc flow through the protected buffers. If one or more BMPs is used in place of providing diffuse flow, then appropriate BMP workshceas, plan details and calculations mua be provided for the BMPs. t. 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 proti�ct surface waters standards: a. The erosion and sediment tontrol measures for the project must be designed, installed, operated, and maj ntained 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 mainte-nance ofthe sediment and erosion control measures must be such that they equal, or exceed, the requirerrionts specified in the most recent version of the JVorth Carolina Sediment and Erosion Control Manual, The, devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contraptor-owned or leased borrow pits associated with the pr Ject 01 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. No waste, spoil, solids, or fill of any kind shalloccur 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 standaMs, statutes,- or rules occur; 5. Sediment and crosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wettwids and waters is unavoidable, they shall be removed and the natural grade restored within six months of i tha) the Division of Land Resources has released the project, 6, Protective Fencing - The outside buffer, wetland or water boundwy 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 is inftinge within the buffer, wbtland or water prior to any land disturbing activities; 7. Mr. David King and Shotwell Landfill, Inc. shall conduct construction activities in a rarer consistent with State, water quality standards (including any requirements 'resulting from compliance with section 303(d) of the Clean Wator Art) 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 wmpliance, 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 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 ISA 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; 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 (EPP) 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 r=ives and clears your check (made payable to: DENR — Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur, Tice EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have 60 calender 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 requireknenft y1pe of Impact Compensatory Mitigation Required River and Sub -basin Number 404/Wetland 2.1 a (acres) Neuse/03020201 Buffers Zone 1 176,418 (square feet) Neuse103020201 Buffers Zone 2 83,112 (square feet Neuse/03020201 9. Construction Storinwater Permit NCGO10000 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 (NCGO 10000) 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 k-ee.pwg and reporting requirements are required A copy of this permit and monitoring report forms may be found at hQ:Ilh2o.enr.state.&c,.imlsllJFopms Docyments.htm.; 11. Culvert Installation All work in or adjacent to stream Nvaters shall be oonducted in a dry work area, Approved BMP (hqp://www.ticdot.org/dotVoperations/BMP,mmu- 1/d lQa B P & QIVAI- d/ such as sandbags, rock be-rins, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Culverts requited 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 b December 12, 2007 longitudinalprofile) mast, 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. Culverts) 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 tn.aintained 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 plains. 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 flaw 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 evidenoo that the equilibrium shall be maintained if requested in writing by T. WQ. 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 roust 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 farm and return it to the 401 /Wetlands. Emit 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 instolla ion along with the Certif tate of Completion,farm, 12. Certificate ofCompletion Upon completion of all work approved within the 401 'Nater Quality Certification or applicable Buffer R.u1es; 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, 16.50 Mail Service Center, Raleigh, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depleted in your application shall. expire upon expiration of the 404 or CAIVfA 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 15I1$ of the North Carolina General Statutes and f=iled with the Office of Administrative Hearings, 6714 Mail Sen ice Center, Raleigh, N.G. 27699-6714. If modifications are, made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) day!s following receipt of the Certification. Unless such demands are made, this Certification shall be final and bindin& I This the 12"' day of Dt:- nber 2007 DIV170N� QUALITY Coleen H. Sullins 3716 CHSIcbk/Ijm EBX Buffer Mitigation Banks Statement of Availability June 15, 2016 NC Division of Water Resources Jennifer Burdette 512 N. Salisbury St. Archdale Building, 9th floor Raleigh, NC 27604 Re Project: Shotwell Construction and Demolition Landfill Expansion This document confirms that Shotwell Landfill, Inc. (Applicant) for the Shotwell Construction and Demolition Landfill Expansion (Project) has expressed an interest to utilize 210,393.12 Square Feet of Riparian Buffer Mitigation Credits from the following banks: EBX Neuse Riparian Buffer Umbrella Mitigation Bank, EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank, and the EBX-EM Forrest Creek Bank. The specific bank sites to be debited will be Arrington Bridge II, Buffalo Branch, Rudolph, Cedar Grove, Ezell, Hatley and Forrest Creek, all located in HUC 03020201. As the official Bank Sponsor, EBX, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1052 or cconder(a�res.us if you have any questions or need additional information. Best Regards, Ca� Cara S. Conder Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605