19930818 Ver 2_Approval Letter_20070306

~~ ~ A r~~ Michael F. Easley, Governor
T Q
~~ ~~ P William G. Ross Jr., Secretary
Vj r. North Carolina Department of Environment and Natural Resources
~' ^-i
0 ;; - „C Alan W. Klimek, P.E. Director
Division of Water Quality
March 6, 2007
Wake County Department of Environmental Services -
Solid Waste Division
Attn: Mr. James Reynolds
Solid Waste Director
Post Office Box 550
Raleigh, NC, 27602
Re: South Wake Municipal Solid Waste Landfill, Holly Springs, Wake County
DWQ #1993-0818; USACE Action ID. No. SAW-2006-20191-292
APPROVAL of Individua1401 Water Quality Certification and
APPROVAL of General Isolated Wetlands Permit
Dear Mr. Reynolds:
Attached hereto is a copy of Individual Certification No. 3622 issued to Mr. James Reynolds, Solid Waste
Director of Wake County Department of Environmental Services -Solid Waste Division, dated March 5,
2007. Also, we have determined that a portion of this project is covered by the State General Permit for
Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). 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 we can be of further assistance, do not hesitate to contact us.
Sincerely,
~ ~~
Alan W. Klimek, P.E.
AWKlcbk
Attachments: Certificate of Completion
IWGP 100000
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://www.ncwaterquality.org
Noe Carolina
~turally
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South Wake Landfill
Page 2 of 7
March 6, 2007
cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Wilmington District, USACOE
Chuck Wakild, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
Doug Huggett, DCM
File Copy
Central Files
Sandy Smith, Ecoscience Corporation, 1101 Haynes St., Suite 101, Raleigh, NC, 27604
Filename: 19930818SouthW akeLandfill(Wake)401IWP

South Wake Landfill
Page 3 of 7
March 6, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION and
ISOLATED WETLANDS PERMIT
THIS INDIVIDUAL CERTIFICATION and GENERAL ISOLATED WETLANDS PERMIT is
issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United
States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H
.0500 and .1300 and 15A NCAC 2B .0200 to Wake County Department of Environmental Services -Solid
Waste Division to fi116.73 acre of jurisdictional wetlands, 0.15 acre of isolated wetlands, 373 linear feet of
perennial streams, and 3,125 linear feet of intermittent streams in the Cape Fear River Basin, associated
with the construction of the South Wake Municipal Solid Waste Landfill in Holly Springs in Wake County,
North Carolina, pursuant to an application filed on the 21S` day of September of 2006, and in additional
correspondence dated January 31, 2007 and received by DWQ on February 1, 2007.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 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.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation maybe required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification/Isolated Wetlands Permit 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 are
approved including incidental impacts:
Amount Approved (Units Plan Location or Reference
Stream 373 (feet) perennial U.S. Army Corps of Engineers
3,125 (feet) intermittent Public Notice (September 21,
2007) and additional materials
from applicant dated January
31, 2007
404 Wetlands 6.73 (acres) U.S. Army Corps of Engineers
Isolated Wetlands 0.15 (acres) Public Notice (September 21,
2007) and additional materials
from applicant dated January
31, 2007

South Wake Landfill
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March 6, 2007
Sediment and Erosion Control:
2. 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 protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained 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 maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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 404/401/Isolated Wetlands 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 standards, statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
Continuing_Compliance:
The Wake County Department of Environmental Services -Solid Waste Division, shall conduct
construction activities in a 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 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
compliance, 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 the Wake
County Department of Environmental Services -Solid Waste Division 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 15A NCAC 2H.0504. Any new or revised
conditions shall be provided to the Wake County Department of Environmental Services -Solid
Waste Division 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;

South Wake Landfill
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March 6, 2007
Miti ag tion:
6. Mitigation requirements:
Mitigation must be provided for the proposed impacts as specified in the table below. A --`
comprehensive mitigation plan combining off-site stream and wetland restoration and
enhancement, along with a payment to the Ecosystem Enhancement Program for wetlands
impacts, is delineated in conditions 7 and 8 below. Additionally, the compensatory mitigation
plan must be completely constructed and implemented according to the plans approved by this
Office before any permanent building or road associated with the project is occupied or opened.
The mitigation must be maintained according to the approved plan and permanently protected by
the use of conservation easements or similar protections. Any repairs or adjustments to the
mitigation site must be made according to the approved plan or must receive written approval
from this Office to make the repairs or adjustments.
Compensatory Mitigation River and Sub-Basin Number
Re uired
Streams 373 feet (373 feet perennial Cape Fear 03030004
stream im act 1:1 ratio)
Wetlands 6.88 acres (6.88 acre impact Cape Fear 03030004
@ 1:1 ratio)
7. Stream Restoration with Approved Plans
The stream restoration and enhancement plan must be constructed, maintained, and monitored
according to the approved plans in the document included in your application materials entitled
"Mitigation Plan: South Wake Landfill Mitigation Site, Wake County, North Carolina" dated
January 19, 2007 and any subsequent modifications to the application. Any repairs or adjustments
to the site must be made according to the approved plans or must receive written approval from
this Office to make the repairs or adjustments. The applicant shall be required to demonstrate
373 feet of successful stream restoration at this site to meet the requirements of this Certification.
Compensatory Wetland Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed wetland impacts as specified in the table below.
We understand that you wish to make a payment to the Wetland 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 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetland
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
Wetlands 6.88 (acres) Cape Fear 03030004

South Wake Landfill
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March 6, 2007
Road Crossings:
9. Culvert Installation
Culverts required 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
longitudinal profile) must 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-
installedcorrectly.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48
inches, and 20% of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow 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 evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
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 must ensure continuity of water movement and be designed to
adequately accommodate high. water or flood conditions.
Other conditions:
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or Isolated
Wetlands Permit, and any subsequent modifications, the applicant is required to return the
attached Certificate of Completion to the 401 Oversight and Express Permitting Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
11. Conservation Covenants
The Declaration of Conservation Covenants, Conditions, and Restrictions for protection of the
mitigation site shall be implemented prior to impacting any wetlands or waters approved for
impact under this Certification/Isolated Wetlands Permit. A final copy of this document shall be
provided to this office within 60 days.

South Wake Landfill
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March 6, 2007
12. Stormwater Management Plan
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401 Water Quality
Certification. As this project will be implemented in phases, please include the sequencing schedule-for
stormwater management on each phase within your plans. The stormwater management plan shall be
approved in writing by this Office before the impacts specified in this Certification occur. You have the
option of using the Express Review Program for expedited approval of these plans. If you propose to use
the Express Review Program, remember to include the appropriate fee with the plan. The stormwater
management plan must include construction plans, specifications, stormwater BMP worksheets, and
supporting calculations. The stormwater best management practices are required to be appropriate for the
surface water classification and designed to remove at least 85% TSS according to the most recent
version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division
of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as
approved by this Office) shall be constructed and operational, and the stormwater management plan (as
approved by this Office) shall be implemented. The structural stormwater practices as approved by this
Office as well as drainage patterns must be maintained in perpetuity, recognizing sequencing issues
associated with the phased nature of this project. No changes to the structural stormwater practices shall
be made without written authorization from the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Permit and may result in
criminal and/or civil penalties. Also, this approval to proceed with your proposed impacts or to
conduct impacts to 404 jurisdictional waters as depicted in your application shall expire upon
expiration of the 404 Permit. The authorization to proceed with your proposed impacts or to
conduct impacts to isolated waters as depicted in your application and as authorized by this
Isolated Wetlands Permit, shall expire upon expiration of IWGP100000 (September 30, 2008) (but
will remain valid with subsequent renewals of IWGP100000), unless IWGP100000 is otherwise
rescinded by the Director of the Division of Water Quality.
If this 401 Certification/Isolated Wetlands Permit 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 150B of the North Carolina
General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 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) days following receipt of
the Certification. Unless such demands are made, this 401 Certification/Isolated Wetlands Permit shall be
final and binding.
This the 6"' day of March 2007
DNISION OF WATER QUALITY
~~='~."
/ n Alan W. Klimek, P.E.
///~
AWK/cbk f%

~~~~. W A ~~~Q~ Michael F. Easley, Governor
~a
William G. Ross Jr., Secretary
r.. North Carolina Department of Environment and Natural Resources
~ ' ~~~~
~ ,~ Alan W. Klimek, P.E. 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, the Wake County Department of Environmental Services -Solid Waste
Division has permission as outlined below to impact 3.88 acres of wetlands and 373 linear feet of perennial streams
for the purpose(s) of constructing the proposed South Wake Landfill in Wake County. 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
DWQ PROJECT #: 19930818
LOCATION: South Wake Landfill in Holly Springs
COUNTY Wake
BASIN/ SUB BASIN Cape Fear 03030004
As required by 15A NCAC 2H.0500, and the conditions of this Certification and Isolated Wetlands Permit, you are
required to compensate for the above mitigable impacts through the restoration, creation, enhancement or
preservation of wetlands and surface waters 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).
Im acts Miti ation
3.73 Acres of ri arian wetland 3.73 Acres of ri arian wetland
0.15 Acres of isolated, non-ri arian wetlands 0.15 Acres of non- ri arian wetlands
373 linear feet of erennial streams 373 linear feet of erennial streams
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: 1993 SouthWakeLandfill(W ake)EEP
N~o°e~Carolina
401 Oversight/Express Review Permitting Unit / -'utura~~l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper