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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, 0? r?$ 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 AQO ?0? W A TFRQ _O G? 1 r > ._.? p ? 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 z 1993 oo A 1 MMA 5255111 SW-SERIES V842 C v U \ 1 G v es r j r Aso Y M p re 1 II p O , 9 p 11 ?(?\ 50 O q i y ' s ? I? y I_ r/ 1 y / ? 50 /1) AN tit ? O Project #: Scale: 00.5837 1" = 2000' 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 ID Iv i Lki _ ??I /1,? I h v A s / i 1 1 / / vA v_ , / ?tx \ / / A v 1 1 _ 13 `? A' U V ---- ? V' \ v -. I I I I I I II ? 1• -? I.? I\ a?nT J • ? \ \1? ? ? _ I I I I I 1\?j 1\ 1 ax ?0 em- QU " Z o ?\ Q L,I v v CA- Ovj \1 ?Q? OL 0- \? - 1 AV A I/ ??? ,? A O 1 I II X11A_ - I I' •`v ? A ? I A 1 / / _ - --_ ?__ _I - ? LL / I 401 / / /I r i a V `v vvII ?I I I rrl I ?? I ? rl r r? I - ? " `J `- QOM W p O A _ _JW i. - .a-- -- -- I I 7 0 C, O 9- `t' 17 O Cl- I O? Z 0 0 v QO?tO v - F- O D-' VI V I, 1 i? vv ? ? r? CVO I I O \ 0 [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 _ _ I? / A - / / //// vA?l r - v 011 / vvv v` V I 111 I /? I 1 ? i' ? v \ /?1 , / /i, /, - - rlll - '- - Vv.vI I I /-?vA vv _A 111 \`? 1 11 1 vv I I , I } / // -_ v 1 I v v ?_ v v_ /, w v 1 I v OL?JA POWE v YIG?IP C0? \A v - / , ?'v A / - v 1 ' I v v ` BOX' T5'S1 ` GRAPHIC SACS '1 ,1 I ` -vv EICH, Nc 276 1??5i1v 1 -/ 400' 400 d 400 // / r 1 17 TOTAL IMPACT - 3,309 SQ. FT./0.076 AC. - - h l 20.4 CUBIC YDS. BELOW - 'I \ ORDINARY HIGH WATERMARK \\ \\ - I,r I ,i , 'v v / / ` v / ?' vv \ GREGORY N. df dlf L / 4168BY v A v? 6615 SET 4 HOUSE Lq. 1 ` / / III _ v? i ' 1 I CHARLOTTE, NE,2gp v'v / vv ` v v i ?, A I 1 ( \ V / - ?_---- -?_ V I `\ Ij111°/ /;, \AAl 1? l l ,v ?.v A\ ?v A V1 A AVI 11 I v ?v V III / /'/' /' / ? V 1 IIII 1 I 11 ' I / / ?\ IL,---I \ 1V 1 ` `? v ??" AVA ,..v A\ 1111 A AV v V V 11 I /V `VII ? I v v ? 1 II 1 .I I / / / ,-= I I 11 1 ? 1 I I I _ A A v? V A A? 1 - v ? I 11 1 ?,--v _, ?? ?. - v V 1 I 1 1 / - / I I ?I I 1 j1 I I?? 1 1 /? ? ? v v v v vv A ?A1 \? I I 1 1 `1vv vv A 1 1 I A /. ?? v v I , III I 1 1 ?. 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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