19970893 Ver 5_Approval Letter_20160701

Water Resources
ENVIRONMENTAL QUALITY
July 1, 2016
Shotwell Landfill, Inc.
Attn: Mr. David King
P 0 Box 576
Garner, NC 27529
PATMCCRORY
Governo,
DONALD R. VAN DER VAART
sflcrelfv),
S. JAY ZIMMERMAN
Directm
DWR # 97-0893 v5
Wake County
Subject: Approval of Individual 401 Water Quality Certification and Neuse River Riparian Buffer
Impacts with Additional Conditions - Modification
Shotwell Landfill
USACE Action ID. No. SAW -2007-03170
Dear Mr. King:
Attached hereto is a copy of Certification No. 3716 issued to Mr. David King and Shotwell Landfill,
Inc., dated July 1, 2016, This Certification replaces the Certification issued on December 12, 2007.
This modification was requested by the applicant to change the mitigation plan for buffer
mitigation from making a payment to the Division of Mitigation Services (formerly NC Ecosystem
Enhancement Program) to private mitigation banks. Please note that you should get any other
federal, state or local permits before proceeding with the subject project, including those required
by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations,
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute ISOB by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty
(60) calendar days.
A petition form may be obtained from the OAH at httiD://"`­www,ncoah.corn/­ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00arn and 5-.00pm, excluding official state
holidays).
State ot'North Carolina i Environmental Quality 1! Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
9198076300

Shotwell Landfill, Inc.
DWR# 97-0893 v5
Individual Certification #3716
Page 2 of 8
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act,
15A NCAC 02H .0500 and 15A NCAC 02B 0233. Contact Jennifer Burdette at 919-807-6364 or
jenny fer.burdette@ncdenr. ov or me at 919-807-6364 or karenj-liggLlso e� . ,r if you have
any questions or concerns.
Sincerely,
Karen Higgins, Supervisor—,,
401 & Buffer Permitting Branch
cc: Anna Reusche, Angler Environmental, 613 Poole Drive, Garner, NC 27529
USACE Raleigh Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 970893v55hotweIlLandfill(Wake)__�401_IC_NRB—Mod,docx

Shotwell Landfill, Inc.
SWR# 97-0893 v5
Individual Certification #3716
Page 3 of 8
CERTIFICATION #3716 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC
02H .0500 and 15A NCAC 02B.0200, to Mr. David Fling and Shotwell Landfill, Inc., who have
authorization for the impacts listedbelow, as described within your application received by the
N.C. Division of Water Resources (Division) on September 7, 2007, by Public Notice issued by the
U. S. Army Corps of Engineers and received by the Division on October 5, 2007 and a modification
request received by the Division on June 15, 2010 and subsequent information on June 27 and 28,
2015.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental impacts. [15A
NCAC 02B .0506(b) & (c) and 15A NCAC 02B .0233(8)]
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
404/401 Wetlands 1.039 (acres) 0 (acres)
Open Water
Open Water
0.5 (acres)
0) (acres)
Stream
Intermittent 467 (linear feet) 0 (linear feet)
Perennial
0 (linear feet)
50 (linear feet)
Buffers
Zane 1
60,306 (square feet)
0 (square feet)
Zone 2
56,408 (square feet)
0 (square feet)

3hotweULandfill, Inc.
DVVR#97{893v5
Individual Certification #3716
Page 4of8
Z. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the taNe below. The
Division has received an acceptance letter from the Division of Mitigation Services (OK4S), RES
and VVi|d|and Holdings to meet This mitigation requirement. RES will use buffer mitigation
credits from the E8X Neuse Riparian Buffer Umbrella Mitigation Bank, EBX Upper Neuse
Riparian Buffer Umbrella Mitigation Bank and the EBX-EM Forrest [reek Mitigation Bank.
VVi|d|and Holdings will use buffer mitigation credits from VVE| —NcUseDl Nutrient Offset and
Buffer Umbrella Bank and Caraway Creek Phase |Parcel. Until DMS, RES and VVildlandHoldings
receive and clear your payment, and proof ofpayment has been provided to this Office, no
impacts specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to Dk45, RIS and VVild|and Holdings to meet the
following, compensatory mitigation requirement [I5A N[A[O2H 0506 (b)(6)]: and I5/\ NCAC
3. Stormwater Management Plan
You are required to provide one copy of the stOmmvv8ter management plan /SK4P\ approval
letter from the Division of Waste Management (DVV&4) to the DVVR 401 & Buffer Permitting
Unit /lb17Mail Service Center, Raleigh, 0[ 27599-1617\before any impacts authorized inthis
Certification occur. The project must be constructed and maintained in compliance with the
approved SMP. After the approval letter is submitted tothe Division, the SK4P may not be
modified without prior written authorization from DVVK4. |fthe 5IVIPi5modified imthe future,
then you shall provide an approval letter for the modifications to the DVVR 401 8/ Buffer
Permitting Unit prior t0the commencement ofthe modifications. (15ANCA[02H.0505/bV5D
4, No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed no that no violations of state water quality standards, statutes' or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts 0fthis permit. [15AN[ACO2HD50Iand .0502]
Compensatory
River and Sub -basin
Mitigation Required
Number
404/401 Wetlands
2.18 (acres)
Neuse
03020201
Buffers Zone 1
176,418 (square feet)
Neuse
03020201
Buffers Zone 2
83,112 (square feet)
Neuse
03020201
Buffer Total
259,,530 (square feet)
3. Stormwater Management Plan
You are required to provide one copy of the stOmmvv8ter management plan /SK4P\ approval
letter from the Division of Waste Management (DVV&4) to the DVVR 401 & Buffer Permitting
Unit /lb17Mail Service Center, Raleigh, 0[ 27599-1617\before any impacts authorized inthis
Certification occur. The project must be constructed and maintained in compliance with the
approved SMP. After the approval letter is submitted tothe Division, the SK4P may not be
modified without prior written authorization from DVVK4. |fthe 5IVIPi5modified imthe future,
then you shall provide an approval letter for the modifications to the DVVR 401 8/ Buffer
Permitting Unit prior t0the commencement ofthe modifications. (15ANCA[02H.0505/bV5D
4, No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed no that no violations of state water quality standards, statutes' or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts 0fthis permit. [15AN[ACO2HD50Iand .0502]

ShotweULandfill, Inc.
DWR#97-V893v5
|nd|vidua�Certification #371h
Page 5of8
Sediment and Erosion Control
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. |fapplicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)1:
Design, installation, operation, and maintenance of the sediment and erosion control
measures must besuch that they equal orexceed the requirements specified inthe
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall bemaintained onall construction sites, borrow sites, and waste pile
(spoi|)projects, including contractor -owned Urleased borrow pits associated with the
b. For borrow pit sites, the erosion and sediment control measures must hedesigned,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
Reclamation measures and implementation must comply with the reclamation in
accordance with the, requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971,
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
b. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions 1othis condition require application submittal toand written approval hvthe
Division, |fplacement Ofsediment and erosion control devices inwetlands and waters i6
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted inamanner that may result indis-equi|ibriun0ofwetlands, stream beds, orbanks,
adjacent toorupstream and downstream of the above structures. All sediment and erosion
control devices shall beremoved and the natural grade restored within two (2)months of
the date that the Division of Energy, Mineral and Land Res0urCes(OEMLR) or locally
delegated program hos released the specific area within the project. [15AN[ACO2H .0501
Construction Stormwater Permit NCGO10000
AnNPDE3Construction StonmvvuterPermit isrequired for construction projects thetdbturb
one (1)ormore acres ofland. This Permit allows stOmnvvatertVbedischarged during land
disturbing construction activities asstipulated inthe conditions Ufthe permit. |fyour project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements isrequired. Acopy ofthe general permit (N[GO1OOO8),
inspection log sheets, and other information may befound 8t�

ShotweULandfill, Inc.
DVVR#97(893v5
Individual Certification #3716
Page 6ofA
. [l5ANCACO2H.O5O6(b)/5\and
(C)(S)l
B. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come incontact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall beused to minimize excavation inflowing water. /15A
N[ACO2H Iy506/b\/3\ and /cV5\l
9. If concrete is used during The construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged towaters nfthe state
due to the potential for elevated pH and possible aquatic life/fish kills. [I5A N[AC OZB .0200]
lQ Placement of Culverts and Other Structures in Waters and Wetlands [15A INICAC 02H
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and 1uallow for aquatic life movement during low flows, Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low
flow passage ofwater and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and he
designed toadequately accommodate high water orflood conditions. Additionally, when
roadways, causeways, Or other fill projects are constructed across FEMA -designated f|oodvvays
or wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology ofthe system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
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,
lLAll temporary fiNand Cuilvertsshall beremoved and the impacted area returned tqnatural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall berestored t8original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation /except approved

3hotweULandfill, Inc.
DVVR#97~D893vS
Individual Certification A37l6
Page 7of8
22.All temporary pines/rulverts/hprappads etc, shall beinstalled inall streams aooutlined inthe
most recent edition of the North Carolina Sediment and Erosion [Untn3| Planning and Design
Manual so as not to restrict stream flow orcause dis-equi|ibhurn [I5A @[ACO2H OSO5/�)/Zl
13. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted tothe area directly impacted by the approved
construction activity. All riprap shall he buried and/or "keyed in° such that the original stream
e|ev81ioM and streannbankcontours are restored and maintained. Placement ofriprap or other
approved materials shall not result in de-stabifization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
l4.Any riprapused for stream stabilization shall benfasize and density toprevent movement by
wave action, current action, 0rstream flows and consist ofclean rock ormasonry material free
of debris or toxic poliutants. Riprap shall not be installed in the streBnnhed except in specific
areas required for velocity control and to ensure integrity Of bank stabilization measures, |I5A
l5,/\one-time app|icadnnofferti|izertonR-establishvegetatiVnisaUovvedindiSJurbedareas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams, Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B .0233(6) and 15A NCAC 02B .0231]
16. This Certification does not relieve the applicant of the responsibility toobtain all other
required Federal, State, or Local approvals.
17. Continuing Compliance
Mr. David King and ShotvveU Landfill, Inc. shall conduct construction activities in@ manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements ofState and Federal law, [I5ANCA[028 .0200] If the Division determines that
such standards or laws are not being met (including the failure to sustain designated or
achieved use) or that State or federal |avv is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this Certification,
Before modifying the Certification, the Division shall notify Mr. David King andShntvve|l Landfill,
Inc. and the U.S, Army Corps of Engineers, provide public notice in accordance with 15A NCAC
02H .0585 and provide opportunity for public hearing inaccordance with 15AN[A[02H .0504.
Any new or revised conditions shall be provided to Mr. David King and Sho1vve|| L3ndfiI[, Inc. in
writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
4Q4Permit for the project.

Shotwell Landfill, Inc,
DWR# 97-0893 v5
Individual Certification #3716
Page 8 of 8
18. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.05021
19. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://portal.ncdenr,org/webZwgZswp/ws/40lZcertsandpermits/`­apply/­­­`forms).
[15A NCAC 02H .0502(f)]
20. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. f15A NCAC 02H .0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H .05061
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 1st day of July 2016
A
Karen Higgins, Supervisor u
401 & Buffer Permitting Branch
KAHAab
3716