HomeMy WebLinkAbout20020128 Ver 1_COMPLETE FILE_20020128? W ATF Michael F. Easley, Governor
O R William G. Ross Jr., Secretary
\pt QG North Carolina Department of Environment and Natural Resources
(7 7 Alan W. Klimek, P.E. Director
] Division of Water Quality
September 10, 2002
DWQ# 02-0128
Wake County
Red Rock Disposal, LLC
C/o Jennifer Burdette
7130 New Landfill Drive
Holly Springs, NC, 27540
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Ms. Burdette:
You have our approval, in accordance with the attached conditions, to place fill in 1,009 linear feet of intermittent and
perennial streams in order to construct the Red Rock Landfill Expansion in Wake County, as described in your application
received by the Division of Water Quality on January 28, 2002. After reviewing your application, we have determined that
this fill is covered by General Water Quality Certification Number 3362, which can be downloaded from our web site at
htto://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 18 when issued by
the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead
with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the
General Certification. This Certification replaces the one issued to you on August 20, 2002.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification as well as the additional condition listed below:
We understand that you have contributed to the Wetland Restoration Program in order to compensate for these impacts
to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy our
compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Mr. Ron Ferrell
should be contacted at (919) 733-5208 if you have any questions concerning the Wetland Restoration Program. For
accounting purposes, this Certification authorizes the fill of 1,009 linear feet of streams, in the Cape Fear river and sub-
basin and 516 feet of stream mitigation are required. Please be aware that the Wetland Restoration Program (WRP)
rules require rounding of stream impact amounts to one-foot increments (15A NCAC 2R .0503(b))."
If you do not accept any of the conditions of this certification, 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.
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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the
Central Office at 919-733-9721.
incerely,
e.KE.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
Customer Service
1 800 623-7748
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Jennifer Burdette, 11010 Raven Ridge Road, Raleigh, NC, 27614
020128mod2
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, the Red Rock Landfill, care of Ms. Jennifer Burdette, has permission as
outlined below for the purpose of constructing an expansion to the Red Rock Landfill in Wake County, North Carolina. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION: Red Rock Landfill Expansion
COUNTY: Wake
BASIN/SUBBASIN Cape Fear (03-06-07)
Impacts:
1,009 linear feet of intermittent and perennial streams
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of surface waters as outlined below
prior to conducting any activities that impact or degrade the waters of the state.
Mitigation:
516 linear feet of perennial streams by WRP
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r
.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements 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 it
to the Wetlands Restoration Fund at the address listed 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 WETLANDS RESTORATION
PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
(919) 733-5208
A
W
o
: 1L.'r-v? -1
Red Rock Disposal, LLC
C/o Jennifer Burdette
7130 New Landfill Drive
Holly Springs, NC, 27540
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Ms. Burdette:
August 20, 2002
DWQ# 02-0128
Wake County
You have our approval, in accordance with the attached conditions, to place fill in 1,009 linear feet of intermittent and
perennial streams in order to construct the Red Rock Landfill Expansion in Wake County, as described in your application
received by the Division of Water Quality on January 28, 2002. After reviewing your application, we have determined that
this fill is covered by General Water Quality Certification Number 3362, which can be downloaded from our web site at
httD://h2o:enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 18 when issued by
the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead
with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the
General Certification. This Certification replaces the one issued to you on March 14, 2002.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification as well as the additional condition listed below:
We understand that you have contributed to the Wetland Restoration Program in order to compensate for these impacts
to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B.0242(7), this contribution will satisfy our
compensatory mitigation requirements under 15A NCAC 2H.0506(h) and 15A NCAC 2B .0233(10). Mr. Ron Ferrell
should be contacted at (919) 733-5208 if you have any questions concerning the Wetland Restoration Program. For
accounting purposes, this Certification authorizes the fill of 1,009 linear feet of streams, in the Cape Fear river and sub-
basin and 516 feet of stream mitigation are required. Please be aware that the Wetland Restoration Program (WRP)
rules require rounding of stream impact amounts to one-foot increments (15A NCAC 2R .0503(b))."
If you do not accept any of the conditions of this certification, 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.
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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the
Central Office at 919-733-9721.
in ely,
. Klimek, P.E.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
WDENR
Customer Service
1 800 623-7748
14
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Jennifer Burdette, 11010 Raven Ridge Road, Raleigh, NC, 27614
020128mod
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. George Poulos, CB Development Company, has permission as
outlined below for the purpose of constructing the Mallard Creek Village/Mallard Creek Woods Phase I Subdivision in
Mecklenburg County, North Carolina. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION: Red Rock Landfill Expansion
COUNTY: Wake
BASIN/SUBBASIN Cape Fear (03-06-07)
Impacts:
1,009 linear feet of intermittent and perennial streams
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of surface waters as outlined below
prior to conducting any activities that impact or degrade the waters of the state.
Mitigation:
516 linear feet of perennial streams by WRP
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r
.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements 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 it
to the Wetlands Restoration Fund at the address listed 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 WETLANDS RESTORATION
PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
(919) 733-5208
MEMORANDUM
TO: John Dorney Regional Contact: Steve Mitchell
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Red Rock Landfill
Project Number 02 0128
Recvd From APP
Received Date 1/28/02
Project Type landfill
Recvd By Region
Certificates
Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index
County Wake
County2
Region Raleigh
Stream
Class Acres Feet
Prim. Supp. Basin Req. Req.
rnial Inter-
mittent
18 Stream O YO N 118-7-4 F -EF-30,607.
- F_77 p Y ON FII-I-F--f-` I I? F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more Info? Q Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N
Is Mitigation required? Q Y O N Recommendation: Q Issue p Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 353619 Longitude (ddmmss) 785358
Comments:
Previous impacts were 485 linear feet of stream with new impact of 1009. Is the 1:1 ratio correct for
mitigation? Penrose has been to site,
cc: Regional Office
Central Office Page Number 1
Environmental Consultants,
11010 Raven Ridge Road
FILE
Raleigh, North Carolina 27614
COPY www.SandEC
The proposed project will permanently impact 1,009 linear feet of significant a 7,- ,'LA Nf),s
insignificant stream channel. However, WQC 43362 indicates that a formal applicaton
and fee are not required for NWP 18 unless DWQ decides that an Individual Certification
will be required for the project.
July 18, 2002
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Ste. 120
Raleigh, North Carolina 27615
Attn: Ms. Amanda Jones
NCDENR - DWQ
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Attn: Mr. John Dorney
RE: Nationwide Permit 18 and 401 Water Quality Certification Re-authorization Request
Red Rock Landfill
Holly Springs, Wake County, North Carolina
S&EC Project #: 00-5837
USACE Action ID: 200120822
DWQ Project #: 02-0128
Dear Ms. Jones and Mr. Dorney:
On behalf of Red Rock Disposal, LLC, we request re-authorization from the US Army Corps of
Engineers (USACE) to use Nationwide Permit (NWP) 18 for the proposed project to cover
permanent impacts to two stream channels. We also request written concurrence from the NC
Division of Water Quality (NCDWQ) that the project complies with the associated 401 Water
Quality Certification.
It is important to note that this project received Section 404 approval on February 8, 2002. The
approval had an expiration date of February 11, 2002 with an extension to February 11, 2003
because work had already begun within the nonjurisdictional areas on the project. The
expiration date of the approval resulted from re-issuance of all Nationwide Permits that became
effective on March 18, 2002. As there were no changes to the Nationwide Permit (NWP) 18 or
the associated Water Quality Certification (WQC) that prevent this project from the meeting the
Charlotte Office:
PMB 291, 3020-1 Prosperity Church Road
Charlotte, NC 28269-7197
Phone: (704) 720-9405
Fax: (704) 720-9406
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234
Fax: (336) 540-8235
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone (828) 635-5820
Fax: (828) 635-5820
July 18, 2002
S&EC Project #: 00-5837
Page 2 of 3
criteria for these approvals, we are re-applying for the NW 18 and its associated WQC in order
to extended the expiration date of the approval. The project has not changed from the original
application. It should also be noted that the compensatory mitigation required for the project has
been paid to NC Wetlands Restoration Program and the acknowledgement letter is attached. If
necessary to preserve their rights under the existing permit, the client could complete the impacts
before the expiration date, but we do not believe this would be in the best interest of the
environment or our client.
The purpose of the proposed project is to expand an existing 20-acre construction/demolition
landfill. The proposed expansion involves approximately 120 acres centered on the existing
landfill and approximately 16 million cubic yards of additional disposal space. The existing and
proposed landfill is located south of Rex Road (SR 1127) between the Cary and Jim Branch
drainages in the Cape Fear River Basin. Please refer to Figure 1 of the PCN for the location of
the proposed project on a USGS topographic quadrangle.
The proposed landfill expansion will be constructed in four phases over approximately 20 years.
Phases 1 through 3 will not impact jurisdictional areas. Phase 4 of the landfill footprint will
impact two unnamed tributaries of Jim Branch (Impact #1 & #2) as shown on the Impact Maps
attached to the PCN. Amanda Jones of the USACE has already determined that these tributaries
are unimportant. David Penrose of the NCDWQ determined the entire length of stream channel
#1 and a portion of stream channel #2 to be significant. The impact tables in the PCN itemize
the impacts. A total of approximately 1,009 linear feet of unimportant channels will be impacted
by the proposed project resulting in approximately 20.4 cubic yards of fill material below the
ordinary high water mark. Of the 1,009 linear feet of channels to be impacted, approximately
515 linear feet are NCDWQ significant stream channel (Impact #1 - 278.4 l.f. & Impact #2 -
236.5 l.f.).
It should be noted that NWPs 14 and 26 were previously issued for impacting 485 linear feet
(0.05 acre) of intermittent tributaries to construct access roads and a sediment basin for the
existing landfill. The proposed impacts to unimportant, intermittent stream channels equal 0.08
acre for a cumulative project total of 0.13 acre, if this request is approved.
The USACE's current policy requires applicants to avoid and minimize wetland and stream
channel impacts to the maximum extent practicable and compensatory mitigation to offset
unavoidable losses of waters of the US when impacts exceed the thresholds for notification (10
cubic yards of fill material placed below the ordinary high water mark). Prior to site plan
development, the applicant requested a delineation of the jurisdictional areas present within the
limits of the proposed landfill expansion area and designed the site plan to avoid all of the
jurisdictional wetlands on the site. The footprint of the landfill was further modified to avoid
impacting two significant streams. The applicant also proposes to place 20-foot minimum
buffers on the two larger tributaries located along the east and west property lines at the southern
July 18, 2002
S&EC Project #: 00-5837
Page 3 of 3
end of the site. The proposed impacts are the only impacts anticipated for the life of the
proposed landfill, which is expected to be about 20 years. Because the applicant has avoided and
minimized impacts to the maximum extent practicable and will be required to mitigate for
significant stream channel impacts by NCDWQ, S&EC does not believe that additional
mitigation beyond preservation of existing on site wetlands and streams (1.3 acres) should be
required by the USACE.
NCDWQ's current policy does not require mitigation for significant stream channel impacts
below 150 linear feet per tributary, insignificant stream channels, or wetlands impacts below 1/3
acre. Because the proposed permanent impacts to significant stream channels (Impact #1 -
278.4 l.f. & Impact #2 - 236.5 l.f.) exceed this threshold, the applicant has paid compensatory
mitigation at a 1:1 ratio to the NC Wetlands Restoration Program as described above.
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Q•
Jenni er A. Burdette
Environmental Scientist
Attachments:
Pre-construction (PCN) Notification Application
Figure 1 - Location Map
Figure 2 - Impact Map
NC WRP Letter (6/20/02)
c: Ven Poole/Jerry Johnson - Waste Industries
John Gardner - G. N. Richardson & Associates
Office Use Only: Form Version May 2002
USACE Action 1D No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ® Applicant has already submitted compensatory mitigation
payment to NCWRP.
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
s.
1. Owner/Applicant Information
Name: Red Rock Disposal LLC
Mailing Address: 7130 New Landfill Drive
Holly Springs, North Carolina 27540
Telephone Number: (919) 557-9583 Fax Number: (919) 557-9523
E-mail Address: NA
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jennifer A. Burdette
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh North Carolina 27614
Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467
E-mail Address: iburdetteAsandec.com
Page 5 of 13
111. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be infonned that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Red Rock Landfill
2. T.I.P. Project Number or State Project Number (NCDOT Only): N
3. Property Identification Number (Tax PIN): 063802-0638575457-0239448 & 062704-
0627946153-00775852
4. Location
County: Wake Nearest Town: Holly Springs
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): Frorn Holly Springs, the site can
be reached by taking Avent Ferry Road south to Cass Holt Road then turning right onto Rex
Road The proposed landfill will be located south of Rex Road (SR 1127) adjoining the
existing landfill
5. Site coordinates, if available (UTM or Lat/Long): 35°36' 19" N 78 ° 53'58" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):
Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributaries of Cary and
Jim Branch
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httt//h2//h2o.enr.state.nc.us/admin/mans/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The land use in the vicinity of the project is rural with the
Page 6 of 13
Hanson Aggregates quarry located to the east and the Shearon Harris Power Plant and
Reservoir located to the west. An existing C/D landfill occupies approximately 20 acres of
the site The remaining areas of the site consist of forestland except for a transmission
powerline right-of=way.
10. Describe the overall project in detail, including the type of equipment to be used:The
proposed landfill expansion will be constructed in four phases over approximately 20 years.
Phases 1 through 3 will not impact Jurisdictional areas. Phase 4 of the landfill footprint will
impact two unnamed tributaries of Jim Branch (Impact #1 & #2) as shown on the Impact
Maps Heavy equipment typical of landfill construction and operation will be used for the
11. Explain the purpose of the proposed work: The purpose of the project is to supply an
additional 16 million cubic yards of capacity to the existing construction and demolition
landfill which will serve Wake County and surrounding areas.
IV. Prior Project History
If jurisdictional detenninations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued pen-nits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
In June 1998, NWPs 14 and 26 were issued for the existing 20-ac landfill to impact 0.05 acre of
waters of the US (Action ID #• 199820776. I) n May 2001, S&EC delineated approximately 225
acres that included and was eg nerally centered on the existing landfill. Amanda Jones of the
USACE approved our delineation on May 10 2001 (Action ID#: 200120822). Ms. Jones also
determined that all of the unnamed tributaries of Jim Branch on the site except for the portion of
the tributary along the southwestern property boundary below the power line to be unimportant
channels David Penrose of the NCDWO conducted significance calls on the stream channels
present on the site in March of 2001. Mr. Penrose's significance calls are indicated on the
impact map where necessary. Section 404 (Action ID #: 200120822) and 401 (DWQ Project #:
02-0128) were previously issued for this project This request is for a re-authorization of those
approvals to extend their expiration date
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
This permit application covers all of the impacts anticipated for the approximately 20-year life of
the landfill Therefore no additional permit requests are anticipated for this project.
Page 7 of 13
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: A total of approximately 1,009 linear
feet of unimportant channels will be impacted by the proposed project resulting in
approximately 20.4 cubic yards of fill material below the ordinaryhigh water mark. Of the
1,009 linear feet of channels to be impacted, approximately 515 linear feet are NCDWQ
significant stream channel (Impact #I - 278.4 l.f. & Impact #2 - 236.5 I.Q.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
linear feet
Type of Wetland***
NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httir//www.fcina.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.3
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number "Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
l fill 278.4 U T to Jim Branch 2.29 Intermittent
730.7
(236.5-
2 fill sign & UT to Jim Branch 3.66 Intermittent
494.2 -
insi n)
Page 8 of 13
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone_coin,
www.ma}quest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 1,009
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of
Name
Wat Type of Waterbody
Site Number Type of Impact* Impact )
(if
applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.)
NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Both embankment and excavation methods will be used
to construct temporary sediment traps and permanent sediment basins for the landfill
operation Permanent sediment basins have been planned/approved for Phase I of the four-
phase project The watershed and pond surface area listed below apply only to Phase I as the
remaining phases have not vet been designed in detail (beyond conceptual). Permanent
sediment basins associated with Phase I are shown on the impact map. Future sediment
basins required for the remaining phases will not be located in jurisdictional areas.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): sediment and erosion control requirement
Size of watershed draining to pond: A - 19.9 ac Expected pond surface area: A - 0.9 ac
B-24.6 ac B-1.5ac
C - 00.7 ac C - 0.7 ac
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
Page 9 of 13
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Prior to site plan development, the applicant requested a delineation of the jurisdictional
areas present within the limits of the proposed landfill expansion area and designed the site plan
to avoid all of the jurisdictional wetlands on the site. The footprint of the landfill was further
modified to avoid impacting two significant streams. The applicant also proposes to place 20-
foot minimum buffer on the two larger tributaries located along the east and west property lines
at the southern end of the site. It is also important to note that the proposed impacts are the only
impacts anticipated for the life of the proposed landfill, which is expected to be about 20 years.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.etir.state.ne.us/ncwctlands/strtngidc.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., decd restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The USACE's current policy requires applicants to avoid and minimize wetland and
r mitigation to
stream channel impacts to the maximum extent practicable and compensatoy
offset unavoidable losses of waters of the US when impacts exceed the thresholds for
notification (10 cubic yards of fill material placed below the ordinary high water mark
Page 10 of 13
Because the applicant avoided and minimized impacts to jurisdictional areas to the maximum
extent practicable as discussed in the Impact Justification section above and will be required
to mitigate for significant stream channel impacts by NCDWQ, S&EC does not believe that
further compensatory mitigation should be required by the USACE.
The current NCDWQ policy requires compensatory mitigation when the proposed
impacts exceed 150 linear feet of significant stream channel per tributary or 1/3 acre of
wetlands Impact #1 includes approximately 278 linear feet and Impact #2 includes
approximately 237 linear feet of significant stream channel impacts. Therefore, mitigation
for these impacts is required by NCDWQ. Please note that this compensatory mitigation has
already been paid NCWRP's acknowledgement letter is attached (6/20/02).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 515
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Page I I of 13
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 NA 3 NA
2 NA 1.5 NA
Total NA NA
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or.0260.
NA
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The nronosed landfill expansion will not increase the _ impervious acreage on the site.
Appropriate sediment and erosion control measures including the proposed permanent sediment
basins (and associated outlet devices) and the minimum 20-foot buffer on the larger tributaries
mentioned in the Impact Justification section will serve to protect surface waters and wetlands
downstream from the property.
Page 12 of 13
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
On-site septic system
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
bs Signature Date
d only if an authorization letter from the applicant is provided.)
Page 13 of 13
COKESBURY, NC
1993
NIMA 5255 111 SW-SERIES V842
O
O
IG::D
Project #: Scale:
00.5837 1" = 2000'
ure 1-Location Ma
Fi
Project
Mgr.: KCM Date:
1130101 p
g
Red Rock Landfill
d
&
son
G.N. Richar
Associates, Inc.
Holly Springs, Wake Co., NC
e Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd. Raleigh, NC 27614
(919) 846-5900 (919) 846-9467
Web Page: www.SandEC.com
,,?W A T ?9pG
C
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
April 1, 2002
DWQ# 02-0128
Wake County
Red Rock Disposal. LLC
C/o Jennifer Burdette
7130 Nexy Landfill Drive
Holly Springs, NC. 27640
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Ms. Burdette:
You have our approval. in accordance with the attached conditions, to place fill in 1,009 linear
feet of inie:mittent and perennial streams in order to construct the Red Rock Landfill Expansion in
Wake County, as described in your application received by the Division of Water Quality on January
28. 2002. After reyie«zrtg your application, we have determined that this fill is covered by General
«-ater Qurity Certincation Number 3106. which can be dog;reloaded from our web site at
L Lr):i:'h2, --1r.state.-?c_us rc,.Neaands. This Certification alloys you to use Nationwide Permit
Number 1S when issued by the U.S. Army Corps o Engineers. In addition, you should get any other
federal. s;a.e or local permits before you go ahead ,vith you_- project including (but not limited to)
Sedimeni `-td Erosion Control. Non-Discharge and, Water Supply Watershed regulations. Also this
approval will expire v.-hen the accompanying 404 permit expires unless otherwise specified in the
General Ce-tification. This certification replaces the one issued to you on March 14, 2002.
This __,proval is only valid for the purpose and design -Lhat you described in your application. If
you char.-e your proiezr. you must notify us in v.-nzng and ou may be required to send us a new
application for a ne-.Y certification. If the property- is sold, tY-e new o«ner must be given a copy of the
Certifica- n and approval letter and is thereby responsible or complying with all conditions. If total
%yetland `-'s for t1ii_ project (noNv or in the future) exceed one acre, compensatory mitigation may be
required ` described :n 15A NCAC 2H .0606 (h). For this arproval to be valid, you must follow the
conditions :isted in 'tee attached certification as v? e1 as the aidditional condition listed below:
e unde-_-?i-.d that you have chosen to ccntribut,-:? x the Wetland Restoration Program in
-der to cc-^ensate for these impacts to Teams. IL accordance with 15A NCAC 2R.0402
--d 15A NCAC 2B .0242(7). this contrib-?:T_ on v satisfy our compensatory mitigation
-equiremen- under l5A NCAC 2H .0-506,n) and ::A NCAC 2B .0233(10). Until the
`?.-etland D -.oration Program receives an clear -.-our check (made payable to: DENR -
:. etland ? estoration Program). stream =pacts (:nc:uding fill) shall not occur. Mr. Ron
-trrell si.eu:d be contacted at (919) 733-:208 if ,:cu have any questions concerning the
`,Vetland Re??-,oration Program. You have one mon-? from the date of this Certification to
-ake this ,:a:.ment_ For accounting purpcses. this Certification authorizes the fill of 1,009
:wear fee. streams. in the Cape Fear Ri : er and ,-.a^-basin and 616 feet of stream
itigation a-e required. Please be aware Lhat the `X-etland Restoration Program (WRP) rules
North Carcuira ONis4n of Water Quality. 401 Wetlanes Certifica. r Unit,
'650 Mad S_ ,,ce Cere- Raleigh. NC 27699-1650 ndai g ACr ass
2321 Crac-:i-e 3w: ?aegn. NC 276:.1-2260 (Loc;;_r-rl;,
.19-733-'":,: ;:ncre, 733se.3 (`ax). httpJ/h2: Yf.sta;e rc .nave!:arcs
Page 2 of 2
require rounding of stream impact amounts to one-foot increments (15A NCAC 2R
.0503(b))."
If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification
and its conditions are final and binding unless you ask for a hearing.
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 Steve Mitchell in our Raleigh Regional
Office at 919-571-4700 or Cyndi Karoly in the Central Office at 919-733-9721.
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Jennifer Burdette, 11010 Raven Ridge Road, Raleigh, NC, 27614
020128
` Sincerely,
\O?U W rF?QG
? r
o -c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
NORTH CAROLINA-DMSION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15 A NCAC 2 H .0500. Red Rock Disposal, LLC, has permission as outlined
below for the purpose(s) of constructing a landfill in Wake County. All activities associated with theses
authorized impacts must be conducted N ith the conditions listed in the attached certification transmittal letter.
THIS CERTIFICATIN IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT NVETLAND RESTORATION PROGRAM
LOCATION Red Rock Landfill Expansion
COUNTY: Wake
BASIN/SUBBASIN Cape Fear (03-06-07)
As required by 15A NCAC 2H .0506. and the conditions of this certification, you are required
compensate for the above impacts through the restoration, creation. enhancement or preservation of wetlands
and surface waters as outlined below prior to conducting anv activities that impact or degrade the waters of the
state.
Mitigation: 516 Linear feet of perennial :,rums b- «'RP
Note: Linear foot requirement proposed to be mitigated through the «'etland Restoration Programs must
be rounded to the nearest foot and acrea;_-e requmt 1:.eris must be rounded to one-quarter acre increments
according to 15 2R.0503(b)
One of the options you have available to sas the compensatory mitigation requirements is through
the payment of a fee to the Wetlands Ress oratier F.1c per NCAC 2R.0503. If you choose this option. please
sign this form and mail it to the Wetland Re_stora:1o7. F=und at the address listed below. An invoice for the
appropriate amount of payment will be stint to %cu i.-n=n receipt of this form. PLEASE NOTE. THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YGL- .UCEr%-E NOTIFICATION THAT YOUR PAYMENT
HAS BEEN PROCESSED BY THE WETLANDS _:C-STORATION PROGRAM.
Signature
Date:
WETLANDS R-ESTROATION PROGRA%I
11 = ^.TER QUALITY
DI`.?SIG'
6 ''?_ Sep :cz? Center
NC 2-699-1916
&A
,NCDENR
N. C. Division of Water Quality, 401 Wetlands Certifica=cr. ':,+t
1650 Mail Service Center, Raleigh. NC 27699-1650 (pd-.iirr- AOVr s_
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Locatc-
(919) 733-1786 (phone). 919-733:893 (fax). (http //t..2.
WA
o T ?RQ61
O -c
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
March 14, 2002
DWQ# 02-0128
Wake County
Red Rock Disposal, LLC
C/o Jennifer Burdette
7130 New Landfill Drive
Holly Springs, NC, 27540
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Ms. Burdette:
You have our approval, in accordance with the attached conditions, to place fill in 1,009 linear feet of
intermittent and perennial streams in order to construct the Red Rock Landfill Expansion in Wake County, as
described in your application received by the Division of Water Quality on January 28, 2002. After reviewing
your application, we have determined that this fill is covered by General Water Quality Certification Number
3106, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification
allows you to use Nationwide Permit Number 18 when issued by the U.S. Army Corps of Engineers. In addition,
you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change
your project, you must notify us in writing and you may be required to send us a new application for a new
certification. 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. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For
this approval to be valid, you must follow the conditions listed in the attached certification as well as the
additional condition listed below:
1. We understand that you have chosen to contribute to the Wetland Restoration Program in order to
compensate for these impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B
.0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H
.0506(h) and 15A NCAC 2B .0233(10). Until the Wetland Restoration Program receives and clears your
check (made payable to: DENR - Wetlands Restoration Program), stream impacts (including fill) shall
not occur. Mr. Ron Ferrell should be contacted at (919) 733-5208 if you have any questions concerning
the Wetland Restoration Program. You have one month from the date of this Certification to make this
payment. For accounting purposes, this Certification authorizes the fill of 1,009 linear feet of streams, in
the Cape Fear river and sub-basin and 516 feet of stream mitigation are required. Please be aware that
the Wetland Restoration Program (WRP) rules require rounding of stream impact amounts to one-foot
increments (15A NCAC 2R.0503(b))."
If you do not accept any of the conditions of this certification, 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,
P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you
ask for a hearing.
North Carolina Division of Water Quaf'rty, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh. NC 27604-2260 (Location)
.... .... b......_.w _-.., ..
n.n 770 .HOC ,.. L._--I -' ... 00- J_..- _ --
Page 2 of 2
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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or
Cyndi Karoly in the Central Office at 919-733-9721.
Sincerely,
?o
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Jennifer Burdette, 11010 Raven Ridge Road, Raleigh, NC, 27614
020128
Page 2 of 2
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. George Poulos, CB Development Company, has
permission as outlined below for the purpose of constructing the Mallard Creek Village/Mallard Creek Woods
Phase I Subdivision in Mecklenburg County, North Carolina. All activities associated with these authorized
impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION: Red' Rock Land ill Expansion
COUNTY: Wake
BASIN/SUBBASIN Cape Fear (0'-_5-07)
Impacts:
1,009 linear feet of intermittent and perennial strear-s
As required by 15A NCAC 2H .050-67 and the :.:rditions of this certification, you are required to
compensate for the above impacts through the restorakn. creation, enhancement or preservation of surface
waters as outlined below prior to conducting any ac_rv:-Jes that impact or degrade the waters of the state.
Mitigation:
516 linear feet of perennial streams by WRP
Note: Linear foot requirements proposed to be mtcated through the Wetland Restoration Program must
be rounded to the nearest foot and acreage requir Vrnents must be rounded to one-quarter acre increments
according to 15 2r .0503(b).
One of the options you have available to safes; r the compensatory mitigation requirements is through
the payment of a fee to the Wetlands Restoration Furs per NCAC 2R .0503. If you choose this option, please
sign this form and mail it to the Wetlands Restoration Fund at the address listed 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 WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mali Service Center
RALEIGH, N_C. 27669-1619
(919) 733-5208
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
March 26, 2002
Mr. John Dorney
NC Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
RE: Summary of Permitted Impacts and Mitigation Requir a is
Red Rock Landfill 1'e(w '?J Holly Springs, Wake County, North Carolina
S&EC Project 00-5837
DWQ Project 02-0128
Dear Mr. Dorney:
Thank you for the 401 Water Quality Certification approval for the subject project dated
March 14, 2002. However, the first paragraph of the Summary of Permitted Impacts and
Mitigation Requirements is for a different project than Red Rock Landfill (attached).
Although the remaining portions of the form accurately reflect the impacts and mitigation
requirements of Red Rock Landfill, we would like to avoid confusion when the form is
submitted to the NC Wetland Restoration Program. Please provide a corrected form at
your earliest convenience.
Please do not hesitate to contact me by telephone at 846-5900 or email at
jburdette@sandec.com if you have any questions regarding the information provided
herein.
Sincerely,
Soil & Environmental Consultants, PA
Jennifer A. Burdette
Environmental Scientist
Attachment
c: John Gardner - GN Richardson & Assoc.
Charlotte Office:
PMB 291, 3020-I Prosperity Church Road
Charlotte, NC 28269-7197
Phone: (704) 720-9405
Fax: (704) 720-9406
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234
Fax: (336) 540-8235
Hickory Office:
910 Boston Road
Taylorsville, NC 28681
Phone (828) 635-5820
Fax: (828) 635-5820
.0 ,
Page 2 of 2
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. George Poulos, CB Development Company, has
permission as outlined below for the purpose of constructing the Mallard Creek Village/Mallard Creek Woods
Phase I Subdivision in Mecklenburg County, North Carolina. All activities associated with these authorized
impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
Red Rock Landfill Expansion
Wake
Cape Fear (03-06-07)
1,009 linear feet of intermittent and perennial streams
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of surface
waters as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Mitigation:
516 linear feet of perennial streams by WRP
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must
be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre increments
according to 15 2r.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements 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 it to the Wetlands Restoration Fund at the address listed 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 WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
(919) 733-5208
F 2 1 2 u0Z D
Environmental Consultants,
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The proposed project will permanently impact 1,009 linear feet of significant and
insignificant stream channel. Therefore, a check in amount of $475 to cover the processing
fee for the 401 Water Quality Certification approval is enclosed.
January 25, 2002
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Ste. 120
Raleigh, North Carolina 27615
Attn: Ms. Amanda Jones
NCDENR - DWQ
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Attn: Mr. John Dorney
RE: Nationwide Permit 18 and 401 Water Quality Certification Request
Red Rock Landfill
Holly Springs, Wake County, North Carolina
S&EC Project #: 00-5837
Dear Ms. Jones and Mr. Dorney:
On behalf of Red Rock Disposal, LLC, we request authorization from the US Army Corps of
Engineers (USACE) to use Nationwide Permit (NWP) 18 for the proposed project to cover
permanent impacts to two stream channels. We also request written concurrence from the NC
Division of Water Quality (NCDWQ) that the project complies with the associated 401 Water
Quality Certification. A Pre-construction Notification Application (PCN) signed by the
applicant is attached.
The purpose of the proposed project is to expand an existing 20-acre landfill. The proposed
expansion involves approximately 120 acres centered on the existing landfill and approximately
16 million cubic yards of additional disposal space. The existing and proposed landfill is located
south of Rex Road (SR 1127) between the Cary and Jim Branch drainages in the Cape Fear
River Basin. Please refer to Figure 1 of the PCN for the location of the proposed project on a
USGS topographic quadrangle.
Charlotte Office: Greensboro Office: Hickory Office:
PMB 291, 3020-1 Prosperily Church Road 3817-F Lawndale Drive 910 Boston Road
Charlotte, NC 28269-7197 Greensboro. NC 27455 'I'aylorsville, NC 28681
Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820
Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-5820
January 25, 2002
S&EC Project #: 00-5837
Page 2 of 4
The proposed landfill expansion will be constructed in four phases over approximately 20 years.
Phases 1 through 3 will not impact jurisdictional areas. Phase 4 of the landfill footprint will
impact two unnamed tributaries of Jim Branch (Impact #l & #2) as shown on the Impact Maps
attached to the PCN. Amanda Jones of the USACE has already determined that these tributaries
are unimportant. David Penrose of the NCDWQ determined the entire length of stream channel
#1 and a portion of stream channel #2 to be significant. The impact tables in the PCN itemize
the impacts. A total of approximately 1,009 linear feet of unimportant channels will be impacted
by the proposed project resulting in approximately 20.4 cubic yards of fill material below the
ordinary high water mark. Of the 1,009 linear feet of channels to be impacted, approximately
515 linear feet are NCDWQ significant stream channel (Impact #1 - 278.41.f. & Impact #2 -
236.5 l.f.). It is important to note that NCDWQ representatives conducted the significance
determination during an extremely wet period (March 2001) and we are scheduled to re-evaluate
the determination on January 31, 2002.
It should be noted that NWPs 14 and 26 were previously issued for impacting 485 linear feet
(0.05 acre) of intermittent tributaries to construct access roads and a sediment basin for the
existing landfill. The proposed impacts to unimportant, intermittent stream channels equal 0.08
acre for a cumulative project total of 0.13 acre, if this request is approved.
The USACE's current policy requires applicants to avoid and minimize wetland and stream
channel impacts to the maximum extent practicable and compensatory mitigation to offset
unavoidable losses of waters of the US when impacts exceed the thresholds for notification (10
cubic yards of fill material placed below the ordinary high water mark). Prior to site plan
development, the applicant requested a delineation of the jurisdictional areas present within the
limits of the proposed landfill expansion area and designed the site plan to avoid all of the
jurisdictional wetlands on the site. The footprint of the landfill was further modified to avoid
impacting two significant streams. The applicant also proposes to place 20-foot minimum
buffers on the two larger tributaries located along the east and west property lines at the southern
end of the site. The proposed impacts are the only impacts anticipated for the life of the
proposed landfill, which is expected to be about 20 years. Because the applicant has avoided and
minimized impacts to the maximum extent practicable and will be required to mitigate for
significant stream channel impacts by NCDWQ, S&EC does not believe that additional
mitigation beyond preservation of existing on site wetlands and streams (1.3 acres) should be
required by the USACE.
NCDWQ's current policy does not require mitigation for significant stream channel impacts
below 150 linear feet per tributary, insignificant stream channels, or wetlands impacts below 1/3
acre. Because the proposed permanent impacts to significant stream channels (Impact #1 - 278.4
l.f. & Impact #2 - 236.5 l.f.) exceed this threshold, S&EC believes that mitigation will be
required by the NCDWQ. Therefore, the applicant proposes paying compensatory mitigation at
January 25, 2002
S&EC Project #: 00-5837
Page 3 of 4
a 1:1 ratio to the NC Wetland Restoration Program. However, this amount may be determined to
be less after our site meeting to re-evaluate the significance determination.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Jennif r A. Burdette
Environmental Scientist
Attachments:
Pre-construction (PCN) Notification Application
Figure I - Location Map
Figure 2 - Impact Map
c: Ven Poole - Waste Industries
John Gardner - G. N. Richardson & Associates
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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE, Individual Permit application form is available online at
http://www.saw.usace.army.miI/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/regtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page I of 12
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (LAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwpfina]FedReg_pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
II. Applicant Information
1. Owner/Applicant Information
Name: Red Rock Disposal, LLC
Mailing Address: 7130 New Landfill Drive
Holly Springs, North Carolina 27540
Telephone Number: (919)557-9583 Fax Number: (919)557-9523
E-mail Address: NA
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Jennifer A. Burdette
Company Affiliation: Soil and Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, North Carolina 27614
Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467
E-mail Address: iburdette@sandec.com
Page 3 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Red Rock Landfill
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 063802-0638575457-0239448 & 062704-
0627946153-00775852
4. Location
County: Wake Nearest Town: Holly Springs
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): From Holly Springs, the site can
be reached by taking Avent Ferry Road south to Cass Holt Road then turning right onto Rex
Road. The proposed landfill will be located south of Rex Road (SR 1127) adjoining the
existing landfill.
5. Site coordinates, if available (UTM or Lat/Long): 35°36' 19" N 78 ° 53'58" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: The
majority of the proposed landfill site consists of mixed pine hardwood forest except for the
approximately 20 acre construction and demolition landfill currently in operation.
7. Property size (acres): 22
8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributaries of Cary and
Jim Branch
9. River Basin:
Page 4 of 12
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: The purpose of the project is supply an
additional 16 million cubic yards of capacity to the existing construction and demolition
landfill, which will serve Wake County and surrounding, areas.
11. List the type of equipment to be used to construct the project: Heavy equipment typical
of landfill construction and operation will be used for the project.
12. Describe the land use in the vicinity of this project: The land use in the vicinity of the
project is rural with the Hanson Aggregates quarry located to the east and the Shearon Harris
Power Plant and Reservoir located to the west.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
In June 1998, NWPs 14 and 26 were issued for the existing 20-ac landfill to impact 0.05 acre of
waters of the US (Action ID #: 199820776, . IZ n May 2001, S&EC delineated approximately 225
acres that included and was generally centered on the existing landfill. Amanda Jones of the
USACE approved our delineation on May 10, 2001 (Action ID#: 200120822). Ms. Jones also
determined that all of the unnamed tributaries of Jim Branch on the site except for the portion of
the tributary along the southwestern property boundary below the power line to be unimportant
channels. David Penrose of the NCDWQ conducted significance calls on the stream channels
present on the site in March of 2001. Mr. Penrose's significance calls are indicated on the
impact map where necessary.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: This permit application covers all of the impacts anticipated for the approximately
20-year life of the landfill. Therefore, no additional permit requests are anticipated for this
Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
Page 5 of 12
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains arc identified through the Federal Emergency Management Agency's (FF,MA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FFMA Map Service Center at 1-800-358-9616, or
online at http://www.fenia.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 1.3
Total area of wetland impact proposed:- 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Length of Impact Average Width Perennial or
Site Number Type of Impact*
(linear feet) Stream Name** of Stream Before Intermittent?
(indicate on ma) Impact (pleasespecify)
1 fill 278.4 UT to Jim Branch 2.29 Intermittent
730.7
2 fill (236.5 - sign & UT to Jim Branch 3.66 Intermittent
494.2 - insign)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coin,
www.mapquest.cont, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 1,009
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Page 6 of 12
Open Water Impact Area of
Name of
Wat Type of Waterbody
Site Number Type of Impact* Impact )
(if
applicable) (lake, Pand estuary, sound,
(indicate on ma) (acres) bay, ocean, etc.)
NA
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Both embankment and excavation methods will be used
to construct temporarv sediment trans and permanent sediment basins for the landfill
operation. Permanent sediment basins have been planned/approved for Phase I of the four-
phase project. The watershed and pond surface area listed below apply only to Phase I as the
remaining phases have not yet been designed in detail (beyond conceptual). Permanent
sediment basins associated with Phase I are shown on the impact map. Future sediment
basins required for the remaining phases will not be located in jurisdictional areas.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): sediment and erosion control requirement
Size of watershed draining to pond: A-19.9 ac Expected pond surface area: A-0.9 ac
B-24.6 ac B-1.5 ac
C-00.7 ac C-0.7 ac
VI. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Prior to site plan development, the applicant requested a delineation of the iurisdictional
areas present within the limits of the proposed landfill expansion area and designed the site plan
to avoid all of the jurisdictional wetlands on the site. The footprint of the landfill was further
modified to avoid impacting two significant streams. The applicant also proposes to place 20-
foot minimum buffer on the two larger tributaries located along the east and west property lines
at the southern end of the site. It is also important to note that the proposed impacts are the only
impacts anticipated for the life of the proposed landfill, which is expected to be about 20 years.
Page 7 of 12
VII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strmgide.htmi.
I . Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and compensatory mitigation to
offset unavoidable losses of waters of the US when impacts exceed the thresholds for
notification (10 cubic yards of fill material placed below the ordinary high water mark).
Because the applicant avoided and minimized impacts to jurisdictional areas to the maximum
extent practicable as discussed in the Impact Justification section above and will be required
to mitigate for significant stream channel impacts by NCDWQ, S&EC does not believe that
further compensatory mitigation should be required by the USACE.
The current NCDWQ policy requires compensatory mitigation when the proposed
impacts exceed 150 linear feet of significant stream channel per tributary or 1/3 acre of
wetlands. Impact #1 includes approximately 278 linear feet and Impact #2 includes
Page 8 of 12
approximately 237 linear feet of significant stream channel impacts. Therefore, mitigation
for these impacts is required by NCDWQ.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wgp index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): 515
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
VIII. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federaUstate/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
IX. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 9 412
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
7one* Impact
(square feet) Multiplier Required
Mitigation
1 NA 3 NA
2 NA 1.5 NA
Total NA NA
' Zone I extends out 3U feet perpendicular from near bank of channel; Aone Z extends an
additional 20 feet from the edge ol'T.one 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or.0260.
NA
X. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The nronosed landfill expansion will not increase the impervious acreage on the site.
Appropriate sediment and erosion control measures including the proposed permanent sediment
basins (and associated outlet devices) and the minimum 20-foot buffer on the larger tributaries
mentioned in the Impact Justification section will serve to protect surface waters and wetlands
downstream from the property.
XI. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
On-site septic system
XII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 10 of 12
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA
Applicant/ enr's Signature Date
gent s signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Sorry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page I I of 12
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: (919) 856-4520 Telephone: (828) 665-1195 Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: (919) 733-4763
Fax: (919) 715-2671
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
Page 12 of 12
112
COKESBURY, NC
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Figure 1-Location Map
Project Date:
Mgr.: KCM 1130/01 Red Rock Landfill
G.N. Richardson &
Associates, Inc.
Holly Springs, Wake Co., NC
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd. Raleigh, NC 27614
(919) 846-5900 (919) 846-9467
Web Page: www.SandEC.com
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[Fwd: JFwd: Red Rock Landfill. Wake Co., 02-012811
Subject: [Fwd: [Fwd: Red Rock Landfill, Wake Co., 02-0128]]
Date: Wed, 13 Mar 2002 13:08:16 -0500
From: Jeff Jurek <jeff.jurek@ncmail.net>
Organization: NC Wetlands Restoration Program-DENR
To: cyndi.karoly@ncmail.net
Cyndi, we sent out acceptance for that project on Feb 15, 2002 for up to
1030 ft stream. When we receive 401/404s, we would invoice.
Subject: [Fwd: Red Rock Landfill, Wake Co., 02-01281
Date: Wed, 13 Mar 2002 12:53:13 -0500
From: Cherri Smith <cherri.smith@ncmail.net>
Organization: NC DENR DWQ
To: Jeff Jurek <Jeff. Jurek @ ncmai 1. net>
Jeff, do you know anything about this?
Subject: Red Rock Landfill, Wake Co., 02-0128
Date: Wed, 13 Mar 2002 10:26:05 -0500
From: Cyndi Karoly <cyndi.karoly@ncmail.net> ?
To: ron.ferrell@ncmail.net, cherri.smith@ncmail.net ?? S (y b o4,l,q
Ron, we (hopefully) forwarded a K t you on this project on 1/28/02.
S&EC proposed use of WRP for 515 feet of stream mitigation. Have you
guys had a chance to review this one yet? If it didn't arrive, should I
drop one by the office? Please advise.
I'm copying Cherri in case Ron isn't around.
Thanks.
Jeff Jurek <jelt Zurek@ncmail.net>
1 of 1 3/13/02 2:47 PN
Rcd Rock Landfill, Wakc Co., 02-0128
Subject: Red Rock Landfill, Wake Co., 02-0128
Date: Wed, 13 Mar 2002 10:26:05 -0500
From: Cyndi Karoly <cyndi.karoly@ncmail.net>
To: ron.ferrell@ncmail.net, cherri.smith@ncmail.net
Ron, we (hopefully) forwarded a PCN to you on this project on 1/28/02.
S&EC proposed use of WRP for 515 feet of stream mitigation. Have you
guys had a chance to review this one yet? If it didn't arrive, should I
drop one by the office? Please advise.
I'm copying Cherri in case Ron isn't around.
Thanks.
I of 1 3/13/02 10:26 AN
MEMORANDUM
TO: John Dorney Regional Contact: Steve Mitchell
Non-Discharge Branch WO Supervisor: Ken Scbustpr
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Red Rock Landfill
Project Number 02 0128
Recvd From APP
Received Date 1/28/02
Project Type landfill
Recvd By Region
County Wake
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
18 Stream O Y O N F--F-18--74 F-c__ 3x0,607. r- F_ 1 ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 ISSue O ISSue/Cond O Deny
Provided by Region: Latitude (ddmmss) 353619 Longitude (ddmmss) 785358
cc: Regional Office
Central Office Page Number 1
Comments:
Previous impacts were 485 linear feet of stream with new impact of 1009. Is the 1:1 ratio correct for
mitigation? Penrose has been to site.
;J
Triage Check List
Date: 1/2 f le, 7
To: RRO
?FRO
Steve Mitchell
Project Name Ae, /galc ?aNd ?r?
Ken Averitte
?WaRO Deborah Sawyer
?WiRO Joanne Steenhuis
?WSRO Jennifer Frye
DWO Pmiect Number 010129
County l~/a i( e,
?ARO Mike Parker
?MRO Pete CoN e!1
From: C I'll rl Kcz ry x Telephone (919) 733-97 2/
The file attached is being forrvarde to you for ycLr evaluation. Please call if you need
assistance.
? Stream length impacted
? Stream determination
? Wetland determin.--tion and distance to bLr-4ine solace waters on USGW topo maps
? Minim ization/avoidanee issues
? Buffer Rules (Neese, Tar-Paniro, Cata.te, RarKieman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and ar vpda d a0gatiam sees avaiabte and viable?
? Check drawings for accuragv
? Is the application censistentw0h pre-ap;Jidation meetings?
? Cumulative impact concerns
Comments ?, .
---- - --- - ------ - -------- --- ---- ---------- --
r??
JUL-12-2002 FRI 11:47 AM KABCO/WASTE INDUSTRIES FAX NO. 1919325:;017 P. 01
Carolina
apartment of Environment and Natural Resources
Yj•
Michael F. Easley, Governor
William G. Moss Jr., Secretary NCDENR
RECEIPT
June 20, 2002
Red Rock Disposal, LLC
7130 New Landfill Drive
Holly Springs, North Carolina 27540
Re: Project: Red Rock I.andfille
DWQ #: 020128
County: Wake
The North Carolina Wetlands Restoration Program (NCWRP) has received a
check in the amount of $ 64,500.00 check number 00499225, as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification and/or
Section 404 Permit issued for the subject project, This receipt serves a:i notification that
the compensatory mitigation requirements for this project have been sacisfied. Please
note that you must also comply with all other conditions of this certification and any
other state, federal or local government permits or authorization associated with this
activity.
The NCWRP, by acceptance of this payment, acknowledges that the NCWRP is
responsible for the compensatory mitigation requirements associated with the subject
permit and agrees to provide the compensatory mitigation as specified in the permit. The
NCWRP will restore 516 linear feet of stream in Cataloging Unit 03030002 of the Cape
Fear River basin.
If you have any questions or need additional information, please contact Crystal
Braswell at (919) 733-5208.
Sincerely,
Ronald E. Ferrell,
Program Manager
CC. Rob Ridings, Wetlands/401 Unit
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619
(919) 733-5208 Fax: (919) 733-5321
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SHEET TITLE.' IMPACT MAP
Soil & Environmental Consultants, PA RED ROCK LANDFILL FIGURE 2
11010 Haven Ridgc Road • Ralcigh, North Carolina 27614 done: (919) 946-5900 • F- (919) 946-9467 HOLLY SPS WAKE CO NC
www.SandEC.com r r