HomeMy WebLinkAbout19970893 Ver 5_401 Application_20160615Burdette, Jennifer a
From: Anna Reusche <areusche@anglerenvironmental.com>
Sent: Wednesday, June 15, 2016 5:13 PM
To: Alexander, Tasha L SAW; Burdette, Jennifer a
Subject: Shotwell Landfill Permit Modification Letter (SAW 2007-03170; DWQ #19970893)
Attachments: Permit Mod Letter.pdf
Good evening,
Please see the attached permit modification request letter for the Shotwell Landfill project located in Wake County, NC.
We would like to modify the permit to allow for the purchase of buffer mitigation credits through a private bank verses
DMS as is specified in the permit. Please do not hesitate to let me know if you have any questions or need anything
further to this effect.
Thank you,
Anna Reusche, PWS
fE-nvlronrnental Project Manager
Angler Environmental
613 Poole Drive
Garner, North Carolina 27529
P 1919.615.0301 C 1919.816.7745
�`vII�N(�y�7i.irI::
June 15, 2016
Ms. Tasha Alexander
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Re: Permit Modification Request
SAW -2007-03170
Shotwell Construction and Demolition Landfill Expansion, Wake County
Dear Ms. Alexander:
Angler Environmental (Angler) is submitting this letter and the attached supporting
documentation on behalf of Shotwell Landfill, Inc. the "Permittee" for the above -referenced
project, to request that the existing Individual Permit for the project be updated to accommodate
the following described changes. Please note that work has not started on this project and no
impacts have occurred as of the date of this letter.
List of Attachments
• Attachment A — USACE and DEQ Permit Authorizations
• Attachment B — Credit invoices and approval letters from private mitigation banks
Summary of Proposed Project Changes
• Compensation for buffer impacts will be provided through the purchase of credits from
approved mitigation banks instead of the Department of Mitigation Services (DMS).
Project Description/Modification Information
The proposed project includes the expansion of the Shotwell Construction and Demolition
Landfill Facility located at 4724 Smithfield Road in Wendell, Wake County, North Carolina. The
project site consists of approximately 130 acres of forested lands in addition to those areas that
are being actively used for the landfill activities.
Impacts to waters of the U.S. were approved in 2007 under an Individual Permit (Action ID #
SAW -2007-03170) as well as a 401 Water Quality Certification and Buffer Authorization issued
by the N.C. Department of Environmental Quality (DWQ #19970893). The current permit
authorizes the fill or impact of 1.09 acres of 404 wetlands, temporary impacts to 50 linear feet of
perennial stream, permanent impacts to 467 linear feet of intermittent stream, 0.5 acres of open
water (pond), 60,306 square feet of Zone 1 Neuse River basin protected riparian buffers and
56,408 square feet of Zone 2 Neuse River basin protected riparian buffers.
Per the permit application, mitigation requirements include 2.18 acres of wetlands and 259,530
square feet of riparian buffer.
The 2007 Permit states that mitigation requirements would be satisfied through the purchase of
credits from the Division of Mitigation Services (DMS). The property owner respectfully requests
a modification to the original permit to include the utilization of available buffer credits from
613 Poole Drive, Garner, NC 27529 I P: 919-324-6342
www.AnglerEnvironmental.com
IMay 6, 20,14
j;:vae e 2 of 2
private mitigation banks. Wetland credits will still be purchased from DMS. The buffer credits will
be purchased from both Wildlands Engineering and RES. A list of bank sites and credit amounts
is provided below:
Wildlands En_gineerin_g
• 11,257.00 Buck Swamp
• 32,126.20 Caraway Creek
• 5,753.68 North Fork Little River
RES
•
9,714.05 Arrington Bridge II
•
48,621.60 Buffalo Branch
•
64,049.70 Cedar Grove
•
299.20 Ezell
•
76,355 Forrest Creek
•
10,364.60 Hatley
•
988.97 Rudolph
Please do not hesitate to contact me directly at (919) 816-7745 should you need further
information.
Sincerely,
Anna Reusche
Project Manager
Cc: Ms. Jennifer Burdette, NCDEQ
Attachments
613 Poole Drive, Garner, NC 27529 I P: 919-324-6342
www.AnglerEnvironmental.com
ATTACHMENT A
REPLY TO
ATTENTION OF,
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Action ID No. SAW- 2007-03170
Shotwell Landfill, Inc
Mr. David King
Post Office Box 576
Garner, North Carolina 27529
Dear Mr. King:
March 5, 2009
In accordance with the written request of September 7, 2007, submitted on your behalf by
Mr. Phil May of Carolina Ecosystems, and the ensuing administrative record, enclosed are two
copies of a permit to authorize the proposed placement of fill material into 1.09 acres of beaver
impacted riparian wetlands, 0.55 -acre of surface waters, 467 linear feet of perennial stream
(presently submerged within the beaver impacted riparian wetlands), and temporary impact 50
linear feet of perennial stream. The project site is located on Smithfield Road in an w
unincorporated area of eastern Wake County, approximately 0.25 mile north of the Johnston
County line (35.7320 ° N, 78.4399 ° W).
You should acknowledge that you accept the terms and conditions of the enclosed permit
by signing and dating each copy in the spaces provided ("Permittee" on page 4). Your signature,
as permittee, indicates that, as consideration for the issuance of this permit, you voluntarily
accept and agree to comply with all of the terms and conditions of this permit. All pages of both
copies of the signed permit with drawings and exhibits should then be returned to this office for
final authorization. A self-addressed envelope is enclosed for your convenience.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee
will be charged for permit applications when the work, is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise...", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the later category, you are
requested to remit your check for $100, made payable to the Finance and Accounting Officer,
USAED, Wilmington. The check should accompany the signed and dated copies of your permit.
This correspondence contains a proffered permit for the above described site. However,
should you object to the pen -nit conditions, you will need to submit a letter to the District
Commander explaining your objections in accordance with Corps Regulations 33 CFR Part 331.
Your letter should be submitted to the following address:
Colonel Jefferson M. Ryscavage, District Commander
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. Should you have questions, please
contact Mr. Jamie Shern, Raleigh Regulatory Field Office, at telephone (919) 554-4884,
extension 31.
Enclosures
Copy Furnished (with. Enclosures):
CarolinaMr. Phil May
•
8208 Brian Court
, • •
Sincerely,
Jean B. Manuele
Chief RaleighRegulatory
Rgul tory
Field Office
19
R
ermittee: SHOTWELL LANDFILL, INC.,
MR.
Permit No: 2007-03170
Issuing Office: USAED, WILMINGTON
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of the office acting under the authority of the commanding officer.
You are authorized to perform work in the accordance with the terms and conditions specified below.
Project Description: The proposed project involves lateral and vertical expansion of the current permitted
footprint of the C&D Landfill. This expansion would increase the permitted footprint of the landfill from
approximately 17 to 62.2 acres. The corresponding volume, or landfill capacity (gross), would increase
from 1 million cubic yards to 10.2 million cubic yards. The expansion would involve adding landfill cells
to the north of the existing landfill. The development of the landfill would include initial lateral expansion
in the stream and wetland areas rather than filling around these impact areas. Landfill operations are most
efficient through increase in landfill footprint which, in turn, allows vertical expansion. Therefore, the
initial expansion would include construction in the stream and wetland drainage described below. This
area also serves as the low point of the expansion property, and would be used as a temporary sediment
storage area during construction of adjacent cells.
The project would result in permanent impacts to 1.09 acres of riparian beaver impacted wetlands, 0.55 -
acre of surface waters, 467 linear feet of perennial stream (presently submerged within the beaver
impacted riparian wetlands), and temporary impact to 50 linear feet of perennial stream.
The applicant will mitigate for unavoidable impacts to streams and wetlands by payment into the North
Carolina Ecosystem Enhancement Program in the amount necessary to perform the restoration of 2.18
acres of riparian wetlands within the Neuse River Basin (Cataloging Unit 030020201).
Project Location: The project, know as the Shotwell Construction and Demolition (C&D) Landfill, is
located on Smithfield Road in an unincorporated area of eastern Wake County, approximately 0.25 miles
north of the Johnston County line (35.7320'N, 78.4399 ° W). The Site consists of three separate parcels
totaling 135 acres, including a southern tract containing the existing landfill, a northern tract purchased in
2006 for additional expansion, and a small parcel by the landfill entrance on Smithfield Road, also
purchased in 2006, The site is bounded by undeveloped or agricultural land and a few residences. The
proposed landfill expansion would occupy approximately 62 acres, including the current landfill area.
The site lies within the Marks Creek watershed in the Neuse River Basin (Subbasin 03-04-02). Marks
Creek and its unnamed tributaries are part of the United States Geological Survey (USGS) Hydrologic
Unit 03020201 of the South Atlantic Gulf Region.
ENG Form 172 r, Nov 86 EDITIONS OF SEP 82 IS OBSOLETE. (33 D.FR 325 (Appendix A))
Permit Conditions:
General Conditions:
1. The time Limit for completing the work authorized ends on December 31, 2039 'If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms
and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although
you may make a good faith transfer to a third party in compliance with General Conditions 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must
obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal
and state coordination required to determine if the remains warrant a recovery effort or if the site eligible for listing in
the National Register of Historic Places.
4. If you sell the property associate with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions
specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions.
6. You must allow representatives from this off -ice to inspect the authorized activity at any time deemed necessary to
ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. C. 403).
(X) Section 404 of the clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
2 *U.S. GOVERNMENT PRIN,rfNG OFFICE, 1986— 717-425
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from
natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on
behalf of the United states in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the
public interest was mad in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (see 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33CFR 326.4
and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to
comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will
be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this
office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measure by
contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit.
Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the
public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time
limit.
*U.S. GUVERN IENI' PRINTING OFFICE: 1986 -717-425
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this
permit.
(PERMITTEE) SHOTWELL LANDFILL, INC.
MR. DAVID KING
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
(DISTRICT Commander) JEFFERSON M. RYSCAVAGE, COLONEL (DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this
permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated
with compliance with its terms and conditions, have the transferee sign and date below.
(Transferee)
Zom
4 *U.S. GOVERNMENT PRINTING OFFICE. 1986 - 717-425
SPECIAL CONDITIONS (Action Id. 2007-03170); Shotvvell Landfill, Inc,
Mr. David Kin
I. Work Limits
1. All work authorized by this permit must be performed in strict
compliance with the attached plans, which are a part of this permit. Any
modification to these plans must be approved by the US Army Corps of Engineers
(USACE) prior to implementation.
2. Except as authorized by this permit or any USACE approved
modification to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this
project, within waters or wetlands. This permit does not authorize temporary
placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill
activities connected with this project.
3excavation,
3. Except as specified in the plans attached to this permit, no
fill or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project, in such a manner as to impair non -nal
flows and circulation patterns within waters or wetlands or to reduce the reach of
waters or wetlands.
4. The North Carolina Division of Water Quality (DWQ)
permit/certification number 3716 was issued for this project on November 3 )O,
2007, and revised on December 12, 2007. Special conditions were issued
associated with this water quality peri-nit/certi fication and a copy of these
conditions is attached as Exhibit A. These referenced conditions are hereby
incorporated as special conditions of this permit.
5. The permittee shall make payment to the North Carolina Ecosystem
Enhancement Program (NC EEP) in the amount determined by the NC EEP,
sufficient to perform the amount necessary to restore 2.18 acres of riparian
wetlands in the Neuse River Basin (Cataloging Unit 03020201).
Construction within jurisdictional wetlands on the property shall begin only after
the permittee has made full payment to the NC EEP and provided a copy of the
payment documentation to the Corps, and the NC EEP has provided written
confin-nation to the Corps that it agrees to accept responsibility for the mitigation
work required, in compliance with the MOU between the North Carolina
Department of Environment and Natural Resources and the United States Army
Corps of Engineers, Wilmington District, dated November 4, 1998.
SPECIAL CONDITIONS {Action Id. 2007-03170; Shotwell Landfill, ine,
Mr. David Kin
II. Related Laws
6. All mechanized equipment will be regularly inspected and maintained
to prevent contamination of waters and wetlands from fuels, lubricants. hydraulic
fluids, or other toxic materials. In the event of a spill of petroleum products or
any other hazardous waste, the permittee shall immediately report it to the N.C.
Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and
provisions of the North Carolina Oil Pollution and Hazardous Substances Control
Act will be followed.
III. Project Maintenance
7. The permittee shall advise the Corps in writing prior to beginning the
work authorized by this permit and again upon completion of the work authorized
by this permit.
8. Unless otherw=ise authorized by this pen -nit, all fill material placed in
waters or wetlands shall be generated from an upland source and will be clean and
free of any pollutants except in trace quantities. Metal products, organic materials
(including debris from land clearing activities), or unsightly debris will not be
used.
9. The perinittee shall require its contractors and/or agents to comply with
the terms and conditions of this permit in the construction and maintenance of this
project, and shall provide each of its contractors and/or agents associated with the
construction or maintenance of this project with a copy of this permit. A copy of
this permit, including all conditions, shall be available at the project site during
construction and maintenance of this project.
1.0. The permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation or turbidity within
waters and wetlands outside the permit area. This shall include, but is not limited
to, the immediate installation of silt fencing or similar appropriate devices around
all areas subject to soil disturbance or the movement of earthen fill, and the
immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control
Act of 1973 (North Carolina General Statutes Chapter 1 l 3A Article 4).
I
SPECIAL CONDITIONS (Action Id. 2007-03170); ShoAvell Landfill,ine,
Mr. David Kind
11. The permittee, upon receipt of a notice of revocation of this permit or
upon its expiration before completion of the work will, without expense to the
United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre -
project condition.
12. During the installation of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a
pipe or culvert should not be modified by widening the stream channel or by
reducing the depth of the stream in connection with the construction activity.
Culvert inverts will be buried at least one foot below the bed of the stream for
culverts greater than 48 inches in diameter. For culverts 48 inches in diameter or
smaller, culverts must be buried below the bed of the stream to a depth equal to or
greater than 20 percent of the diameter of the culvert. A waiver from the
specifications in this Permit Condition may be requested in writing. The waiver
will only be issued if it can be demonstrated that the impacts of complying with
this condition would result in more adverse impacts to the aquatic environment.
IV. Enforcement
13. Violations of these conditions or violations of Section 404 of the
Clean Water Act or. Section 10 of the Rivers and Harbors Act must be reported in
writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours
of the permittee's discovery of the violation.
M
A,II"11NKTR''IN'PE,s 'TrJONS A'T7► I )CI SS A,
...... .,... u - — - -- _.._._-_
Applicant: Shotwell Landfill, Inc file Number: SAW-2007- Date: S March 2000
Mr. David Kind 0 ) 170
Actached is See Section below
INITUU, PROFFERED PERMIT (Standard Permit or Letter ofpermission) A
—X PROFFERED PERMIT (Standard Permit or Letter of I)ermission) B
PI JPNIIT DENIAL C
N)ROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SE C"l It)N I - `1` c f61.10 v-ing identities ).our rights and options r��arclitrg an atltnint4t���ti�
decision, Additional information may lie fbitrd at http usac ..�trz�y roil i�iet f�an�t�c�ta,�;'c �;cec��o're� cr
t `.vr s re -alations at 32. M`F'R Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may, accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein; you may request that
the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your worm is authorized. Your
signature on the Standard Pen-nit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this
form and sending the farm to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new ini:ormation.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form. must be received
by the division engineer within 60 dans of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETEI7MINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, You may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
I)rovide new information for further consideration by the Corps to reevaluate the JD.
` ." _ .. PI ENI, or OBJEC` 1°IONS 'T'O AN INITIAL PRO YMPD F-°l:RNHT
�:>C_fION I1- RL`�111�51 I-�(iR ��. _ _. .��.-
REASOl�S FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this forth to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POTNT Olt_ C( INT 1z T FOR QU"ESTION'S OR INFORM Al ION
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Jamie Shern, Regulatory Specialist Mr. Michael Bell, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
3331 Heritage Trade Drive, Suite 105 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27587 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of anv site investigation, and will have the opportunity to participate in all site investigations.
Date: -Telephone number:
of aDuellant or
ammander
O.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
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
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Phone: 919-733-1786 1 FAX 919-7334893 1 Intent httpIlh2.o.en:r.state.nc.usJncviatlands
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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
ATTACHMENT B
INVOICE
Shotwell Landfill, Inc.
P.O. Box 576
Garner, NC 27529
Attn: Mr. David King
EBX Neuse Riparian Buffer Umbrella Mitigation Bank, Buffalo Branch Site:
Shotwell Construction and Demolition Landfill Expansion, DWR Project #19970893
Units
Item 1 - Buffer Credits 210,393.120
TOTALS:
Kindly submit a check in the amount of $227,224.57 for Buffer Credits
Please make check payable to:
EBX-Neuse I, LLC
c/o Resource Environmental Solutions, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605
*Price is valid for 30 days
April 8, 2016
Invoice - NRBB-BB16041
Project ID - 0095
Cost Per Unit Invoice
Amount
$ 1.08 $ 227,224.57
$ 227,224.57
"Internal Accounting Note: Buffer credits will come from multiple bank sites:
9,714.05 credits from Arrington Bridge II (0083); 40,858.10 credits from Buffalo Branch (0095);
64,049.70 credits from Cedar Grove (0105); 471.70 credits from Ezell (0123); 76,355 credits from Forrest Creek (0128);
17,955.60 credits from Hatley (0131), and 988.97 credits from Rudolph (0170).
Invoice
Date Invoice #
May 18, 2016 0110
Bill To:
Mr. David King
PO Box 576
Garner, NC 27529
Cc/o: Anna Reusche, Angler Environmental
Payable To:
Wildlands Holding II, LLC
Attention: Robert Bugg
1430 South Mint Street
Suite 104
Charlotte, NC 28203
NC EIN #: 46-1225514
Project Name Terms Bank Name
WEI - Neuse 01 Nutrient Offset
Reserved — Price and and Buffer Umbrella Bank -
Shotwell Landfill availability valid for 30 Caraway Creek Phase I Parcel.
days Neuse HUC 03020201
DWR Project # 2012-0144v2
Line Item Description
----------------------------------------------------------------------------
Quantity
Unit Price
Amount
01 Riparian Buffer Credits (Buck
11,257.00 sq. ft.
$1.10
$12,382.70
Swamp Parcel)
02 Riparian Buffer Credits (Caraway
32,126.20 sq. ft.
$1.10
$38,338.82
Creek Parcel)
03 Riparian Buffer Credits (North Fork
5,753.68 sq. ft.
$1.10
$6,329.05
Little River Parcel)
Total:
49,136.88 sq. ft.
Sales Tax
N/A
Thank you for your business. If you have any
questions regarding this invoice please call
TOTAL:
$54,050.57
Robert Bugg at (704) 719-2100 or
rbugg@wildlandseng.com
Mitigation Credit Transfer Certificate
June 15, 2016 (This DRAFT letter will be updated upon DWR approval)
Mr. David King
PO Box 576
Garner, NC 27529
c/o: Anna Reusche, Angler Environmental
RE: Bank Name: WEI - Neuse 01 Nutrient Offset and B brella Bann
Bank Site: Buck Swamp Parcel
Bank Sponsor: Wildlands Holdings II, LLC (wl wned b Wildlands Engin nC.)
DWR Project #: 2012-0144 r ih .
Riparian Buffer Credits Purchased: 11,257.00 sq.`
Neuse 03020201 River Basin
Project name: Shotwell Landfill
Applicable Local Government/Muniwisdiction: Th ivpion of Water Resources
Dear Mr. King:
You have elected to fulf' "portion` I ur permitte iparian Buffer Credit mitigation requirements for
the above mentione by payi ` into the WEI —eu a 01 Nutrient Offset and Buffer Umbrella
Bank — Buck Swamp Parce sor , Wildlands Ho gs II, LLC, wholly owned by Wildlands
Engineering, Inc. " he Bank`5
The Ban s received men t rds the Riparian Buffer Credits requirements for the above
k
refer project. The pr s locat ". a above mentioned jurisdiction which, as the governing
munclp required to i ent st water management requirements as part of the Neuse
River Nutrie ategy. The g ning municipality must review and approve developer's stormwater
management p hich are t clude options to offset nutrients loads occurring at the development
site. Payment int ivate m' ation bank is acceptable per this nutrient strategy rule. The governing
municipality specifie v ed that a portion of the riparian buffer impact could be bought down by
purchasing the above m ned credits from the Bank. Wildlands Holdings II, LLC has also provided
credits for the Shotwell f ndfill project from its Caraway Creek and North Fork Little River banks.
The Bank has received full payment for mitigation for the above referenced project.
You must also comply with any other state, federal or local government permits or authorization
associated with this activity including SL 2009-337, and Act to Promote Compensatory Mitigation Banks.
This payment into the Bank is not transferable.
Wildlands Holding II, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609
If you have any questions regarding the purchase of these credits, please contact me at (919) 851-9986
ex. 101 or rbugg@wildlandseng.com.
Sincerely,
Robert W. Bugg
Wildlands Engineering, Inc.
Director: Land Acquisition
rbugg@wildlandseng.com
0: (704) 332-7754 ex.105
M: (704) 719-2100
Cc: Ms. Katie Merritt, NC Division of Water Resources
Wildlands Holding II, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609
Mitigation Credit Transfer Certificate
June 15, 2016 (This DRAFT letter will be updated upon DWR approval)
Mr. David King
PO Box 576
Garner, NC 27529
c/o: Anna Reusche, Angler Environmental
RE: Bank Name: WEI - Neuse 01 Nutrient Offset and B
Bank Site: Caraway Creek Parcel
Bank Sponsor: Wildlands Holdings II, LLC (wl wned
DWR Project #: 2012-0144v2
Riparian Buffer Credits Purchased: 32,126.20 sq.
Neuse 03020201 River Basin
Project name: Shotwell Landfill`
Applicable Local Government/Muni . ',yrisdiction:
Dear Mr. King:
la Ban
dlands Engin enc.)
ion of Water Resources
You have elected to fulf_' "portion` our permitte iparian Buffer Credit mitigation requirements for
the above mentione by paysinto the WEI, eu a 01 Nutrient Offset and Buffer Umbrella
Bank— Buck Swamp Parce sor.'_ Wildlands Ho„ Egs II, LLC, wholly owned by Wildlands
Engineering, Inc he Bank
The Ban s received ment rds the Riparian Buffer Credits requirements for the above
k
refer project. The pr s locat ". a above mentioned jurisdiction which, as the governing
munclp required to i ent st water management requirements as part of the Neuse
River Nutrie ategy. The g ning municipality must review and approve developer's stormwater
management p hich are t clude options to offset nutrients loads occurring at the development
site. Payment int ivate m' ation bank is acceptable per this nutrient strategy rule. The governing
municipality specifie y ed that a portion of the riparian buffer impact could be bought down by
purchasing the above m ned credits from the Bank. Wildlands Holdings II, LLC has also provided
credits for the Shotwell f ndfill project from its Buck Swamp and North Fork Little River banks.
The Bank has received full payment for mitigation for the above referenced project.
You must also comply with any other state, federal or local government permits or authorization
associated with this activity including SL 2009-337, and Act to Promote Compensatory Mitigation Banks.
This payment into the Bank is not transferable.
Wildlands Holding II, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609
If you have any questions regarding the purchase of these credits, please contact me at (919) 851-9986
ex. 101 or rbugg@wildlandseng.com.
Sincerely,
Robert W. Bugg
Wildlands Engineering, Inc.
Director: Land Acquisition
rbugg@wildlandseng.com
0: (704) 332-7754 ex.105
M: (704) 719-2100
Cc: Ms. Katie Merritt, NC Division of Water Resources
Wildlands Holding II, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609
Mitigation Credit Transfer Certificate
June 15, 2016 (This DRAFT letter will be updated upon DWR approval)
Mr. David King
PO Box 576
Garner, NC 27529
c/o: Anna Reusche, Angler Environmental
Bank Name: North Fork Little River Nutrient 01
Bank Sponsor: Wildlands Holdings II, LLC (whol
DWR Project #: 2016-0130
Riparian Buffer Credits Purchased: 5,753. sq
Neuse 03020201 River Basin
Project name: Shotwell Landfill
ed by Wildlands E
Applicable Local Government/Mu _R rlity jurisdiction:
Dear Mr. King:
You have elected to fulfill
the above mentioned p
Bank — Buck Swamp
Engineering, Inc. (''The Ba
The Bank h
referent
mune
Rive�Nu _r
managemen s wn
site. Payment pi
municipality spec)
purchasing the abov
credits for the Shotwel
ng, Inc.)
C Division of Water Resources
parian BWor Credit mitigation requirements for
euse 01 Nutrient Offset and Buffer Umbrella
dins II, LLC, wholly owned by Wildlands
m wards the rian Buffer Credits requirements for the above
;t is to _ in the above mentioned jurisdiction which, as the governing
ment ater management requirements as part of the Neuse
rning Icipality must review and approve developer's stormwater
t clude'options to offset nutrients loads occurring at the development
1i _ tion bank is acceptable per this nutrient strategy rule. The governing
i that a portion of the riparian buffer impact could be bought down by
d credits from the Bank. Wildlands Holdings II, LLC has also provided
II project from its Caraway Creek and Buck Swamp banks.
The Bank has received full payment for mitigation for the above referenced project.
You must also comply with any other state, federal or local government permits or authorization
associated with this activity including SL 2009-337, and Act to Promote Compensatory Mitigation Banks.
This payment into the Bank is not transferable.
Wildlands Holding II, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609
If you have any questions regarding the purchase of these credits, please contact me at (919) 851-9986
ex. 101 or rbugg@wildlandseng.com.
Sincerely,
Robert W. Bugg
Wildlands Engineering, Inc.
Director: Land Acquisition
rbugg@wildlandseng.com
0: (704) 332-7754 ex.105
M: (704) 719-2100
Cc: Ms. Katie Merritt, NC Division of Water Resources (bi
Wildlands Holding II, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609