19981070 Ver 2_Modifications_20081124

CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
November 21, 2008
Mr. Ian McMillan
NC Division of Water Quality
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699
RE: Mitigation Time Extension Request
White Oak Landfill
Haywood County, North Carolina
DWQ Project # 98-1070
Dear Mr. McMillan,
9 IQK?? PROW20
NOV 2 4 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Please reference the "Approval of 401 Water Quality Certification with Additional
Conditions" (Attachment A) dated September 26, 2008 sent by the North Carolina
Division of Water Quality (DWQ) in response to the permit application submitted by
C1earWater Environmental Consultants, Inc. (CEC), on behalf of Mr. Mark Shumpert and
Haywood County (the permittee). The certification authorized 185 linear feet of stream
impact and 0.45 acre of wetland impact associated with expansion of the existing White
Oak Landfill. Condition 7 in the certification requires that payment be made to the NC
Ecosystem Enhancement Program (EEP) within 60 days of permit issuance. The
permittee is currently in the process of requesting County funding for construction and
mitigation costs. Construction has not begun on site and cannot begin until the
appropriate funds are allocated. The same is true for mitigation; mitigation costs cannot
be paid until the appropriate funds are allocated. The permittee is aware that mitigation
costs must be paid prior to any work being conducted on site and has every intent to
comply with this requirement.
The permittee respectfully requests an additional 60 days to make payment to the EEP.
Payment will be made by January 24, 2008. Should you have any questions or comments
concerning this project please do not hesitate to contact me at 828-698-9800.
Sincerely,
X7- Z w--VCJr-1
Rebekah L. Newton
Project Biologist
cc: DWQ, Asheville Regional Office - Kevin Barnett
?RC ement dd1e, W.S.
Principal
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
wwwcwenv.com
Attachment A
DWQ Water Quality Certification
(dated September 26, 2008)
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 26, 2008
Mr. Mark Shumpert
Haywood County
1233 North Main Street, Box 2
Waynesville, NC 28786
Subject Property: White Oak Landfill
Ut to Pigeon River [040305, 5-7, C]
DWQ Project # 98-1070, Ver. 2
Haywood County
peAe139a Ole® - CJ 1 , oy
# 1000M 030 5 ? 3
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Shumpert:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.45 acres of 404/wetland and 185 linear feet of perennial stream, as described
in your application dated August 15, 2008 and received by the Division of Water Quality (DWQ) on
August 18, 2008, with additional information received August 25, 2008, to construct the proposed landfill
expansion at the site. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use
Nationwide Permit(s) NW39 when issued by the US Army Corps of Engineers (USACE). In addition,
you should obtain or otherwise comply with any other required federal, state or local permits before you
go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-
discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
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 are
approved including incidental impacts:
Type of Impact Amount Approved nits Reference
404/Wetlands 0.45 (acres) PCN page 4 of 9
Stream - perennial 185 linear feet) PCN page 4 of 9
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetiands
None Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
2 No Haywood County
Waste, Spoil, Solids, or Fill Of An Page 2 of4
Y Kind September 26, 2008
No waste, spoil, solids
the footprint of the im or fill of any kind shall occur in wetlands waters, includin pacts depicted in the Pre
control g the desi Construction or riparian areas be
Best Management Practice S allation Notification.
Yond
standards
All construction
, operation, and maintenance
statutes, e rules occur. ' shall be performed of sediment
so that ment and erosion
3• Erosion no violations ofstate water
and sediment control Practices must be
order to protect surface operation in full compliance with all s
waters standards: and maintenance of such Best Mana anag ations
e governing
a• The erosion g ment Practices in
and sediment control measures for the
Operat and maintained in accordance
nt and with the project must be designed, installed,
b. The design, Erosion Control Planning most recent version of the
gn, in stallation, operation and Desi North Carolina
measures must be such that the ? and ? Manual.
recent versio maintenance of the sediment and erosion control
shall be maintained arolina Sediment and requirements specified in the
includin on all construction sites ErOS1pn Control most
c g contractor-owned or leased borrow borrow sites Manual. The devices
Sufficient materials 'and waste
storrnwater routin required for stabili pets associated with the pile (spoil) projects,
g and trey 'atlon and/or repair of erosion pontrol
4. Sediment and E tment shall be on site at all times.
Erosion Co measures and
ntrol Measures
Sediment and erosion control
approval from the Division, measures shall not be l
and waters is unavoidableIf placement of sedimentand erno 1s on cone °r w
be conducted ' design and aters without
m a manner that placement of to of devices in prior
adjacent to or upstream may result in dis-e mp°r erosion control wetlands
control devices shall be red down stre quilibrium of wetlands or control measures shall not
that the D' moved am Of the above structures. str lvision and the All sedimentd beds erosio ion
banks
of Land Resources natural grade restored an
5 Cons or locally dele within two (2) Months of the
traction Stormwater Pe gated prOg1 has released the date
Permit NCGO10000 project.
Upon the approval of
Resources (DLR Erosion and Sedimentation
or a DLR delegated local erosion
l' Control Plan
DES General stormwater permit and sedimentation issued by the Division of La
to the project This General (NCGO10000
Pe n control pro nd
construction activities Permit allows sto ) administered by D W gram, an
permit [a as stipulated b rm?'ater to be dischar during 1 auto m atically issued
with pplicable to construction by Conditions in the ged
permit conditions including PrQlects that disturb °nermit. If our land disturbing
and repo g more acres
the sedimentation control plan Y project is covered by this
ing requirements are re (l) or
full compliance
be found at htt ://h2oenr required. A co , self-monitoring
state.nc. COPY of this monitoring
rt , record keeping
us/su/Forrrts permit and tnonitorin Deed Notifications Documents.htm, g report
forms may
Deed notifications or similar mecha _
waters and protective buffers in o dens a sure becompliance
impact. These mech placed on all retained jurisdictional
sample deed notification ansbeldo a for wetlands,
put in place at the time lots or pure wetland, water
wnloaded from buffer
and A m the 401/Wetlands Properties are recorded Unit web site at
rtaywooa uounty
Page 3 of 4
September 26, 2008
http://h2o.enr.state.nc.us/ncwetlands/documents/wet_buf_compl.pdf. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Mitigation:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 calendar days from the date of this approval to make this
payment. For accounting purposes, Mis Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 185 (square feet French Broad/06010106
8. Protective Fencing
The outside buffer, wetland or water boundary 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 to infringe within the
buffer, wetland or water prior to any land disturbing;
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
Haywood County
Page 4 of 4
September 26, 2008
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincerel ,
A ?j
oleen H. tullins
CHS/gym
Enclosures: GC3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Kevin Barnett, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Matt Matthews, DWQ Branch Manager
Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28791
Filename: 981070Ver2 WhiteOakLandfill(Haywood)401
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Mark Shumpert and Haywood County, have permission as outlined
below to fill or otherwise impact 0.45 acres of 404/wetland and 185 linear feet of perennial stream to construct the
landfill expansion at the site, which is in Fines Creek, Haywood County, North Carolina. All activities associated
with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter.
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME White Oak Landfill
DWQ PROJECT 19981070, Ver. 2
LOCATION: Fines Creek
COUNTY Haywood
BASIN/ SUB BASIN French Broad/06010106
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
185 Linear Feet Of Perennial Stream 185 Linear Feet Of Perennial Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 981070 Ver2 WhiteOakLandfi ll(Haywood)401 _EEP
401 Oversight/Express Review Permitting Unit Jl y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: hup://www.ncwaterquality.org
jv'c'atura!!Carolina
?
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper