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