19930818 Ver 2_More Info Received_20070201

EcoScience Corporation
Raleigh, North Carolina 919-828-3433
EcoScience
LETTER OF TRANSMITTAL
Date: 1/31/07 Job #: os-2ss
Attn: Ms. Cyndi Karoli
N.C. Division of Water Quality
Wetlands Unit

WE ARE SENDING YOU:
Document
Data
Copy of Letter
Maps
Prints
X
Change Order
Plans
Samples
Specifications
Other
No. of
Co ies Description
3 EEP acce tance of miti ation a ment letter dated Se tember 7, 2006
3 Miti ation Plan: South Wake Landfill Miti ation Site
3 Draft Declaration of Conservation Covenants, Conditions, and Restrictions for rotection of the Miti ation Site

THESE ARE TRANSMITTED as checked below:
For approval Approved as submitted Resubmit Copies for approval
X For your use Approved as noted Submit Copies for distribution
As requested Returned for corrections Return Corrected prints
REMARKS
~ ~r
SENDER
CC: Dan LaMontagne (Wake Co.) SIGNATURE:
John Bove (H&S)
RECIPIENT SIGNATURE:
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1101 Haynes Street Suite 101 Ralci,~h, NC 27604 Tclcphone: 919.~S2f~.3433 Fax: 919.82K.3~1A
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EcoScience
January 31, 2007
Ms. Cyndi Karoli
N.C. Division of Water Quality
Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Proposed South Wake Landfill Individual Permit Application 06-298
Additional Information
Dear Cyndi:
On September 7, 2006, an application for an Individual Permit was submitted to the N.C.
Division of Water Quality, Wetlands Unit (NCDWQ) on behalf of the Wake County Solid Waste
Management Division (Applicant) for Section 404 impacts associated with construction of the
proposed South Wake Landfill. As stated in the permit application, construction of the landfill
will result in impacts to 6.73 acres of Section 404 jurisdictional riverine wetlands, 0.15 acre of
isolated wetlands, 373 linear feet of perennial stream, 2188 linear feet of important intermittent
streams, and 937 linear feet of unimportant intermittent streams (0.09 acre).
Subsequent to submittal of the permit application, the Applicant and its agents (Hazen and
Sawyer Engineers and EcoScience Corporation) have discussed with the NCDWQ and the U.S.
Army Corps of Engineers (USAGE) the issue of suitable compensatory mitigation for project
impacts to Section 404 jti~risdictional areas. It is our understanding, based upon these
discussions, that the NCDWQ will accept a payment to the N.C. Ecosystem Enhancement
Program (EEP) for wetland impacts and off-site implementation of a stream restoration and
enhancement plan for stream impacts. To this end, please find attached to this letter the
following two items:
• three copies of a letter, dated November 14, 2006, stating that the EEP is willing to
accept payment for impacts associated with the above-referenced project,
• three copies of a document entitled "Mitigation Plan: South Wake Landfill Mitigation
Site, Wake County, North Carolina" (Mitigation Plan), and
• three copies of a draft Declaration of Conservation Covenants, Conditions, and
Restrictions for protection of the Mitigation Plan "Site."
The applicant proposes to provide the EEP with compensatory mitigation payment for wetlands
impacts at a 1:1 mitigation-to-impact ratio. For the purpose of payment, the EEP requires that
impact acreage be rounded to the next highest quarter acre, so this project will require payment

EcoScience Corporation
Ms. Cyndi Karoli
January 31, 2007
Page 2 of 2
for 6.75 acres. At the current rate of $27,847.00 per acre for riparian wetland (as of July 1,
2006), the compensatory mitigation payment will total $187,967.25.
Implementation of the Mitigation Plan, as written, is anticipated to result in approximately 3290
linear feet of stream restoration, approximately 1650 linear feet of stream enhancement, and 0.72
acre of riparian wetland enhancement. Adjusted for mitigation type ratios, the proposed
Mitigation Plan should provide approximately 4539 available stream mitigation units. Since the
proposed project is expected to result in approximately 2561 linear feet of stream impacts,
successful implementation of the Mitigation Plan may provide a surplus of up to approximately
1978 stream mitigation units for future Wake County projects.
The draft Declaration of Conservation Covenants, Conditions, and Restrictions has been
modified from an example provided on the USACE Wilmington District web site. We propose
to finalize the Declaration following your comments.
We appreciate your attention to this information. If you have any questions, please do not
hesitate to give me a call. Please note that this information is being submitted simultaneously to
the NCDWQ and the U.S. Army Corps of Engineers.
Yours truly,
ECOSCI NCE CORPORATION
V'
Alexander P. (Sandy) Smith
Senior Project Manager
cc: Monte Matthews (U.S. Army Corps of Engineers)
Dan LaMontagne (Wake County)
John Bove (Hazen and Sawyer)
Attachments

~-
EcoScience
ll01 Havnes Street Suite 101 Raleigh, NC 27604 Telephone: [phone] Fax: [phone]
~~~~
January 31, 2007
Ms. Cyndi Karoli
N.C. Division of Water Quality
Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Proposed South Wake Landfill Individual Permit Application
Additional Information
7
~ 4~,, ~ 06-298
,~~
~ ~" ;~`' Dear Cyndi: 1
~~
~' On September 7, 2006, an application for an Individual Permit was subs
` ~a
Division of Water Quality, Wetlands Unit (NCDWQ) on behalf of the Wake
Management Division (Applicant) for Section 404 impacts associated with
proposed South Wake Landfill. As stated in the permit application, construe
~,,~ (j0''~ will result in impacts to 6.73 acres of Section 404 jurisdictional riverine we'
`$$ a~ isolated wetlands, 373 linear feet of perennial stream, 2188 linear feet of im
~~ 6~~; streams, and 937 linear feet of unimportant intermittent streams (0.09 acre).
~~ ~
tted to the N.C.
unty Solid Waste
nstruction of the
on of the landfill
nds, 0.15~cre of
rtant intermittent
~ a~Pr°~ Subsequent to submittal of the permit application, the Applicant and is a Hazen and
Sawyer Engineers and EcoScience Corporation) have discussed with the CD Q d the U.S.
Army Corps of Engineers (USAGE) the issue of suitable compensatory mi ' ion for project
impacts to Section 404 jurisdictional areas. It is our understanding, based upon these
discussions, that the NCDWQ will accept a payment to the N.C. Ecosystem Enhancement
Program (EEP) for wetland impacts and off-site implementation of a stream restoration and
enhancement plan for stream impacts. To this end, please find attached to this letter the
following two items:
• three copies of a letter, dated November 14, 2006, stating that the EEP is willing to
accept payment for impacts associated with the above-referenced project,
• three copies of a document entitled "Mitigation Plan: South Wake Landfill Mitigation
Site, Walce County, North Carolina" (Mitigation Plan), and
• three copies of a draft Declaration of Conservation Covenants, Conditions, and
Restrictions for protection of the Mitigation Plan "Site."
The applicant proposes to provide the EEP with compensatory mitigation payment for wetlands
impacts at a 1:1 mitigation-to-impact ratio. For the purpose of payment, the EEP requires that
impact acreage be rounded to the next highest quarter acre, so this project will require payment

EcoScience Corporation
Ms. Cyndi Karoli
January 31, 2007
Page 2 of 2
for 6.75 acres. At the current rate of $27,847.00 per acre for riparian wetland (as of July 1,
2006), the compensatory mitigation payment will total $187,967.25.
Implementation of the Mitigation Plan, as written, is anticipated to result in approximately 3290
linear feet of stream restoration, approximately 1650 linear feet of stream enhancement, and 0.72
acre of riparian wetland enhancement. Adjusted for mitigation type ratios, the proposed
Mitigation Plan should provide approximately 4539 available stream mitigation units. Since the
proposed project is expected to result in approximately 2561 linear feet of stream impacts,
successful implementation of the Mitigation Plan may provide a surplus of up to approximately
1978 stream mitigation units for future Walce County projects.
The draft Declaration of Conservation Covenants, Conditions, and Restrictions has been
modified from an example provided on the USACE Wilmington District web site. We propose
to finalize the Declaration following your comments.
We appreciate your attention to this information. If you have any questions, please do not
hesitate to give me a call. Please note that this information is being submitted simultaneously to
the NCDWQ and the U.S. Army Corps of Engineers.
Yours truly,
ECOSCI NCE CORPORATION
U
Alexander P. (Sandy) Smith
Senior Project Manager
cc: Monte Matthews (U.S. Army Corps of Engineers)
Dan LaMontagne (Wake County)
John Bove (Hazen and Sawyer)
Attachments

STATE OF NORTH CAROLINA
COUNTY OF WAKE
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDI'T'IONS, and
RESTRICTION ("The Conservation Declaration"} is made on this day of
2007, by The County of Wake, North Carolina, Raleigh, NC 27602,
hereinafter referred to as the "Declarant".
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property
(Property) being approximately 55 acres, more particularly described in Exhibit A
attached hereto and by this reference incorporated herein.
B. The purpose of this Conservation Declaration is to maintain natural or enhanced
wetland and/or riparian resources and other natural values of the Property, and prevent
the use or development of the Property for any purpose or in any manner that would
conflict with the maintenance of the Property substantially in its natural condition, except
for the purposes of enviroiuncntal education or environmental monitoring as described
herein and for the completion and maintenance of the approved Mitigation Plan. The
preservation of the Property in its substantially natural condition is a condition of
Department of the Army permit Action ID SAW-2006-20191-292 issued by the
~Vilmingtun. District Corps of Engineers (Corps), required to mitigate for unavoidable
impacts to waters of the United States authorized by that permit, and this Conservation
Declaration may therefore be enforced by the United States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall beheld and subject to the following covenants, conditions and
restrictions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. Following implementation of the approved

Mitigation Plan, the Property shall be maintained in its substantially natural condition and
restricted from any development or use that would impair or interfere with the
conservation purposes of the Conservation Declaration set forth above with the exception
of construction, maintenance, and environmental education activities described herein.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Once the implementation of the approved
Mitigation Plan for stream and floodplain enhancement are completed, any change,
disturbance, alteration or impairment of the natural features oCthe Property with the
exception of construction and maintenance activities described herein, or any
introduction ofnon-native plants and/or animal species is prohibited. Tasks required
under the approved Mitigation plan, such as monitoring and maintenance o f vegetation
added under the Plan, and the installation and maintenance of elements required for
environmental monitoring or education are also excepted.
B. Construction. There shall be no constnrcting 4r placing any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display, antenna,
utility pole, tower, conduit, line, pier, dock or any other temporary or permanent structure
or facility on or above the Property with exception of the following. Construction for
required maintenance, environmental education or monitoring purposes shall be
permitted, including:
a. Trails, walkways, and landings, with associated educational markers or
signs for purposes of environmental education,
b. Installation and maintenance of future environmental monitoring
infrastructure required by the North Carolina Department of Environment
and Natural Resources, or for environmental education purposes,
c. Maintenance, including sediment removal, of existing Sediment and
Erosion Control Basins,
d. Maintenance required for the existing force main that crosses the area,
e. Activities required to implement, maintain, and monitor the restoration
and enhancement features in the approved Mitigation Plan,
C. industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, inchrding any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Deforestation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property. Pruning, removal and
replacement of trees and other vegetation maybe conducted to implement the approved
Mitigation Plan or in conjunction with environmental education activities as
enhancement.

F. Roads and Trails. There shall be no construction of roads on the property. Trails
and walkways for the purposes of environmental education or for access for purposes of
monitoring of streams, monitoring wells or other monitoring devices and temporary roads
for the implementation of the approved Mitigation Plan are excepted. Trails maybe
surfaced using compacted soil, crushed stone aggregate or mulch. For the purposes of
environmental education or monitoring, elevated wooden walkways maybe installed at
stream or wetland crossings or in areas where standing or flowing water occurs or where
soil conditions are not conducive to surface trails. No Section 404 jurisdictional areas
(streams and wetlands) will be directly impacted by proposed trails or walkways.
G. Signage. No signs shall be permitted on or over the Property, except the posting
of no trespassing signs, signs identifying the conservation values of the Property, signs
giving directions or proscribing rules and regulations for the use of the Property, signs or
markers for the purpose of environmental education, identification signs for existing and
future environmental monitoring devices, and/or signs identifying the Declarant as owner
of the Property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substa-ZC~s, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited. Temporary stora`.e of soil or materials required
for the implementation of the approved I~iitigation Plan or for construction activities
described in Article LB. of The Conservation Declaration shall be allowed.
I. Excavation, Dredging or Mineral Use. There shall he no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns, to comply with
the approved Mitigation Plan, or to complete approved construction activities as
described in flrticle LIB. of The Conservation Declaration.
J. I)e~rading_Water Quality and Altering Drainage Patterns. Other than the
implementation and maintenance of the approved Mitigation Plan and construction
actin-ities described in Article 1. B. of The Conservation Declaration, there shall be no
diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related
activities, or altering or tampering with water control structures or devices, or disruption
or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting
or causing or pernritting the diversion of surface or underground water into, within or out
of the easement area by any means, removal of wetlands, polluting or discharging into
waters, springs, seeps, or wetlands, or use of pesticides or biocides is prohibited.
K. Application of Development Ri ts. No development rights that have been
encumbered or extinguished by this Conservation Declaration shall be transferred
pursuant to a transferable development rights scheme or cluster development arrangement
or otherwise.

L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all terrain vehicles, cars and trucks is prohibited. Vehicles
required to complete approved construction and maintenance activities described in
Article I.B. of The Conservation Declaration are excepted.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIF,S
A. This Conservation Declaration is intended to ensure continued compliance with
the mitigation condition of authorizations issued by the United States of America, U.S.
Army Corps of Engineers [hereinafter, "the Corps"], Wilmington District, and therefore
maybe enforced by the United States of America. This co~~enant is to nm with the
property and shall be binding on all parties and all persons claiming under the Declarant.
B. The Corps, its employees and agents anti its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditia~~~s aiui restrictions of this Conservation
Declaration.
C. Nothing contained in the Conservation Declaration shall be construed to entitle
the Corps to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
Declaraiit's control, including, ~~~ithout limitaticin, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate signilicant injury to life, damage to Property or
harm to the Property resulting from such causes.
ARTiCI,E III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter
the Property for an_y purpose whatsoever, except for approved environmental education
purposes under the direction of the Declarant.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and acknowledges
that the Property is currently undeveloped land, with no improvements other than any
existing utility lines, Declarations and rights of way.

B. Title. The Declarant covenants and represents that the Declarant is the sole
owner and is seized of the Property in fee simple and has good right to make the herein
Declaration; that there is legal access to the Property, that the Property is free and clear of
any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose. Declarant, for itself, its successors and assigns, agrees
that this Conservation Property shall be held exclusively for conservation and.
environmental education purposes.
B. Entire Agreement. This instrument including the referenced approved
Mitigation Plan sets forth the entire agreement of the parties with respect to the
Conservation Declaration and supercedes all prior discussions, negotiations,
understandings or agreements relating to the Consei-~~ation Declaration. If any provision
is found to be invalid, the remainder of the provisions of this Conservation Declaration,
and the application of such provision to persons or circumstances other than those as to
which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instn~mcnt and any amendment hereto in
timely fashion in the official records of Wake County, North Carolina, and may re-record
it at any time as maybe required to preserve its rights.
D. Environmental Condition of Conservation Prapert}. The Declarant warrants and
represents that to the best of its knowledge after appropriate inquiry and investigation: (a)
the Property described herein i s and at al l times hereafter will continue to be in full
compliance with all federal, state and local eni~ironmental laws and regulations, and (b)
as of the date hereof there are no haiar-dous materials, substances, wastes, or
environmentally regulated substances (including, without limitation, any materials
containing asbestos)locatcd on, in or under the Property or used in connection therewith,
and that there is no environmental condition existing on the Property that may prohibit or.
impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
Wake County
By:
Chairman
.(SEAL)
ATTEST:

Clerk to the Board
(SEAL)
NORTH CAROLINA
COUNTY OF WAKE
I, , a Notary Public of Wake County, Norrth Carolina do hereby
certify that Susan J. Banks personally appeared before me this day and acknowledged
that she is Clerk to the Board of Commissioners for Wake County, North Carolina and
that by authority duly given and as the act of Wake County, North Carolina the ['oregoing
instrument was signed in its name by Tony Gurley, Chair of the Wake County Board of
Commissioners, and attested by her as Clerk to said Board of Conunissioners.
Witness my hand and official stamp or seal this the day of ,
2007.
Notary Public
My commission expires:

EXHIBIT A
NOTES:
1 TOPOGRAPHIC INFORMATION FROM 1999 WAKE COUNTY
GIS.
2 PROPERTY BOUNDARY INFORMATION OBTAINED FROM:
'COMPREHENSIVE SITE PLAN FELTONSVILLE LANDFILL,
HOLLY SPRINGS TOWNSHIP, WAKE COUNTY, NORTH
CAROLINA' PREPARED BY TAYLOR, WEISMAN, TAYLOR,
CARY, NORTH CAROLINA DATED MARCH 7, 2005.
3 LIMITS OF PROPOSED CONSERVATION PROPERTY
ESTABLISHED BY ECOSCIENCE CORP. AS PART OF
MITIGAl10N PLAN, JANUARY 2007.
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HAZEN AND SAWYER
Environmental Engineers 8 Scientists
400 200 0 400
1 "=400'-0'

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~ "' ~'~~ ~~ ~ "COMPREHENSIVE SITE PLAN FELTONSVILLE LANDFILL,
~~' •w~°"~ PROPOSED CONSERVATION ~~ ~,,,' HOLLY SPRINGS TOWNSHIP, WAKE COUNTY, NORTH
~ .E `~'~ -~ PROPERTY BOUNDARY, TYP ~.AREA~Ot1 ~' N CAROLINA" PREPARED BY TAYLOR, WEISMAN, TAYLOR,
Nb~ ~ ,,, - ~~ / / CARY, NORTH CAROLINA DATED MARCH 7, 2005.
A i
N ~ ~E ~~ ~ ! i coUNTYrpF wAKF/ j 3 LIMITS OF PROPOSED CONSERVATION PROPERTY
~~ . ~~' I / FELTONS LLE LANDFILL
~ i Ds rz, Pc. s7e ESTABLISHED BY ECOSCIENCE CORP. AS PART OF
/ . ' ~ I PIN D74a43-to3s \ ~ MITIGATION PLAN, JANUARY 2007.
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CARCIIN~ t l1GHT CO. ~ \ \ OF RECORD i0181D .`
\ _
HAZEN AND SAWYER
Environmental Engineers & Scientists
400 200 0 400'
1 °=400'-0"