20050289 Ver 1_Approval Letter_20090105

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Mr. Thomas Womble
Central Carolina Holdings, LLC
1616 McKoy Town Rd.
Cameron, NC, 28326
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 5, 2009
Re: Central Carolina Tire: Phase III Monofill Landfill, Harnett County
DWQ #05-0289; USACE Action ID. No. 200400210
APPROVAL of 401 Water Quality Certification
Dear Mr. Womble:
Attached hereto is a copy of Certification No. 3519 issued to Mr. Thomas Womble of Central Carolina
Tire, dated June 22, 2005. In addition, you should get any other federal, state or local permits before you
go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. This Certification
replaces the one issued to you on June 22, 2005.
If we can be of further assistance, do not hesitate to contact us.
Sincerely, 'L?$
Coleen H. Sullins
AWK/cbk
Attachments: Certificate of Completion
cc: U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Wilmington District, USACOE
Ken Averitte, DWQ, Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files
Stefan Bray, Withers & Ravenel, 111 MacKenan Drive, Cary, NC, 27511
Joseph Floyd/Amy Johnson, Brigman Company, P.O. Box 1532, Conway, SC, 29528
Filename: 050289CCTLandfill(Harnett)401 mod
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
,,rabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
: 919-733-17861 FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetlands
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al Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Thomas Womble of Central Carolina Tire
Central Carolina Tire Phase III Monofill Landfill
Page 2 of 5
January 5, 2009
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION.
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Thomas Womble of Central Carolina Tire to fill 1.96
acres of wetlands (in addition to 1.7 acres of previous wetland impacts associated with Phases I and 11 of
this landfill) in the Cape Fear River Basin, associated with the expansion of the current Central Carolina
Tire Monofill Landfill Facility in Harnett County, North Carolina, pursuant to an application filed by the
U.S. Army Corps of Engineers' Public Notice on the 10th day of February of 2005, along with additional
information provided by the applicant as well as the U.S. Army Corps of Engineers with respect to the
public review on May 3, 2005. Materials relating to the modification were received November 20 and
November 25, 2008.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved Plan Location or Reference
Units
404 Wetlands 1.96 (acres) expansion Corps of Engineers Public Notice
area
1.7 (acres)
previous impacts
Mr. Thomas Womble of Central Carolina Tire
Central Carolina Tire Phase III Monofill Landfill
Page 3 of 5
January 5, 2009
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
Continuing Compliance:
Mr. Thomas Womble and Central Carolina Tire shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and
federal law. If the Division determines that such standards or laws are not being met (including the
failure to sustain a designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the
Division shall notify Mr. Thomas Womble and Central Carolina Tire and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for
public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Mr. Thomas Womble and Central Carolina Tire in writing, shall be provided to the
United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Mr. Thomas Womble of Central Carolina Tire
Central Carolina Tire Phase III Monofill Landfill
Page 4 of 5
January 5, 2009
Stormwater:
6. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401
Water Quality Certification. The stormwater management plans shall be approved in writing by
this Office before the impacts specified in this Certification occur. You have the option of using
the Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The stormwater
management plan must include plans, specifications, and worksheets for stormwater management
facilities that are appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any
permanent building is occupied at the subject site, the facilities (as approved by this Office) shall
be constructed and operational, and the stormwater management plan (as approved by this Office)
shall be implemented. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
Mitigation:
Compensatory Mitigation
Per correspondence dated October 20, 2008, you advised us that the onsite wetland creation
efforts detailed in the "Wetland Creation Plan: Compensation for Impacts to Jurisdictional
Wetlands, Central Carolina Tire, Phase III Tire Monofill Landfill, Harnett County, North
Carolina, Revision Date: April 2005" have been unsuccessful. The preservation component of
your original mitigation plan shall be retained through a Declaration of Restrictive Covenants, to
be augmented with protective fencing as described in your October 20, 2008 correspondence. In
order to compensate for the unsuccessful wetland creation component and to meet the
requirement for 1:1 wetland mitigation in 15 A NCAC 2H .0506(h)(6), you have proposed to
make a payment to the Wetland Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP). This has been determined by the DWQ to be a suitable method to
meet the mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization
Certificate shall occur. The EEP should be contacted at [phone] if you have any
questions concerning payment into a restoration fund. You have 60 days from the date of this
approval to make this payment. For accounting purposes, this Authorization Certificate
authorizes payment into the Wetland Restoration Fund to meet the following compensatory
mitigation requirement:
Compensatory Mitigation River and Sub-basin Number
Required
Wetlands 27.82 acres preservation by Cape Fear, 03030004
applicant
1.96 acres restoration b EEP
Mr. Thomas Womble of Central Carolina Tire
Central Carolina Tire Phase III Monofill Landfill
Page 5 of 5
January 5, 2009
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 5th day of January 2009
DIVISION OF WATER QUALITY
? Coleen H. Sullins
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3519
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
in accordance with 15A NCAC 2H.0500, Mr. Thomas Womble of Central Carolina Tire has permission as outlined
below to impact 1.96 acre of wetlands associated with the Central Carolina Tire: Phase III Monofill Landfill, Harnett
County County. All activities associated with these authorized impacts must be conducted with the conditions listed
in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 2005-0289
LOCATION: Central Carolina Tire: Phase III Monofill Landfill
COUNTY Harnett
BASIN/ SUB BASIN Cape Fear, 03030004
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands and surface
waters as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
61.96 Acres of non-riparian wetland 1.96 Acres of riparian wetland
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification to the Ecosystem Enhancement Program at the address
below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE
NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT
YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 050289000TLandfill(Harnett)EEP
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
NhCarolina
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