20040343 Ver 2_Approval Letter_20130808

A_A&74J*PA
NCDENR
North Carolina Department of
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
August 8, 2013
Rowan County Environmental Management
Attn: Ms. Kathryn P. Jolly
2727 -D Old Concord Road
Salisbury, North Carolina 28146
John E. Skvarla, III
Secretary
DWQ # 04 -0343 V2
Rowan County
Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Rowan County Municipal Solid Waste Landfill Expansion
USACE Action ID. No. SAW- 2012 -00467
Dear Ms. Jolly:
Attached hereto is a copy of Certification No. 3968 issued to Ms. Kathryn Jolly and Rowan
County Environmental Management, dated August 8, 2013. Please note that you should get
any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and
Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at http:/ /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
Wetlands, Buffers, Streams — Compliance and Permitting (Webscape) Unit �7One t
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 1'� OrthCarofina
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 - -)3001 FAX [phone] Customer Service: 1- 877 -623 6748
Internet: www.ncwaterquality.org Natilrally

Rowan County Municipal Solid Waste Landfill Expansion
DWQ# 04 -0343 V2
Individual Certification #3968
Page 2 of 8
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601 °
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Alan Johnson at 704 - 663 -1699 x2200 or
alan.iohnson @ncdenr.Rov or Jennifer Burdette at 919 - 807 -6364 or
iennifer.burdette @ncdenr.gov if you have any questions or concerns.
Sincerely,
WOO—"d.
Karen Higgins, Supervisor
Wetlands, Buffers, Streams —
Compliance & Permitting Unit
cc: Eric Mularski, HDR Engineering, Inc. of the Carolinas, 440 South Church Street,
Charlotte, NC 28202
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA
30303
USACE Asheville Regulatory Field Office
DWQ MRO 401 files
DWR Webscape Unit
Filename: 040343v2RowanCoMunicipalSolidWasteLandfillExpansion (Rowan)_401_IC.docx

Rowan County Municipal Solid Waste Landfill Expansion
DWQ# 04 -0343 V2
Individual Certification #3968
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3968 is issued in conformity with the requirements of Section 401, Public Laws
92 -500 and 95 -217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500, to Ms. Kathryn P. Jolly and Rowan County Environmental Management, who have
authorization for the impacts listed below, as described within your application received by the
N.C. Division of Water Quality currently the N.C. Division of Water Resources (Division) on
April 12, 2013 and subsequent information on July 8, 2013 and July 12, 2013, and by Public Notice
issued by the U. S. Army Corps of Engineers and received by the Division on May 14, 2013.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
Type of Impact
Amount Approved
Amount Approved
Stream
(units)
(units)
Permanent
Temporary
404/401 Wetlands
0.55 (acres)
0 (acres)
Stream
2,244 (linear feet)
0 (acres)
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. Until the EEP receives and clears your payment,
and proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization
Certificate authorizes payment to the EEP to meet the following compensatory mitigation
requirement:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Stream
2,244 (linear feet)
Yadkin 03040102

Rowan County Municipal Solid Waste Landfill Expansion
DWQ# 04 -0343 V2
Individual Certification #3968
Page 4 of 8
3. Final Construction Plans shall be submitted to the Division upon receipt of a landfill permit
issued by the Division of Solid Waste and at least 90 days prior to any impacts to
jurisdictional waters. The Permittee shall submit a permit modification request if
jurisdictional impacts increase beyond those approved in this certification as a result of final
design and the landfill permitting process, no impacts shall occur during the review of any
permit modification requests.
4. Streams A, 1 and 2, downstream of impact areas, shall be visually monitored by Rowan
County Environmental Management for loss of hydrologic function /flow and to determine if
the streams continue to provide aquatic life propagation and biological integrity per
required in North Carolina Administrative Code 15A NCAC 2B .0211(1). Visual monitoring
for each stream shall begin at the time upstream impacts /fill occurs and shall continue until
hydrologic function and stability is determined by the Division. Annual reports of visual
monitoring and photographic documentation shall be submitted to the Mooresville
Regional Office on June 1 of each year.
5. A copy of the surface water monitoring plan, as approved by the Division of Solid Waste,
shall be submitted to the Division for each phase of the Rowan County Municipal Solid
Waste Landfill Expansion. Any modifications to approved surface water monitoring plans
shall be submitted to the Division for the life of the landfill. Additional monitoring
requirements may be added by the Division upon review of the surface water monitoring
plan approved by the Division of Solid Waste.
6. 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 Pre - Construction Notification for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit.
7. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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.

Rowan County Municipal Solid Waste Landfill Expansion
DWQ# 04 -0343 V2
Individual Certification #3968
Page 5 of 8
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
8. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
9. Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/ or sedimentation. These measures should be
routinely inspected and properly maintained, and excavated materials should be contained
outside the wetland boundary. Excessive silt and sediment loads can have numerous
detrimental effects on aquatic resources including destruction of spawning habitat,
suffocation of eggs, and clogging of gills of aquatic species.
10. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self- monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
http: / /Portal.ncdenr.org /web /wq /ws /su /npciessw #tab -w.
Twenty -four Hour Reporting for visible sediment deposition
a. The permittee shall report to the Mooresville regional office any visible
sediment being deposited in any stream or wetland or any noncompliance
which may endanger health or the environment. Any information shall be
provided orally or electronically within 24 hours from the time the permittee
became aware of the circumstances.

Rowan County Municipal Solid Waste Landfill Expansion
DWQ# 04 -0343 V2
Individual Certification #3968
Page 6 of 8
A written submission shall be provided to the Mooresville regional office
within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the sediment deposition
and actions taken to address the cause of the deposition. The Division staff
may waive the requirement for a written report on a case -by -case basis.
11. Work in the D
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
12. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life /fish kills.
13. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
14. All temporary pipes /culverts /riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis- equilibrium.
15. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and /or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area.
16. Any riprap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure integrity of bank
stabilization measures.

Rowan County Municipal Solid Waste Landfill Expansion
DWQ# 04 -0343 V2
Individual Certification #3968
Page 7 of 8
17. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
18. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
19. Continuing Compliance
Ms. Kathryn P. Jolly and Rowan County Environmental Management 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 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.
Before modifying the Certification, the Division shall notify Ms. Kathryn P. Jolly and Rowan
County Environmental Management and the U.S. Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in
accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to
Ms. Kathryn P. Jolly and Rowan County Environmental Management in writing, shall be
provided to the U.S. 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.
20. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name.
21. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWR Webscape Unit within ten days of project completion (available at:
http: / /portal.ncdenr.ar/ web /wg /swp /ws/ 401 /certsandpermits /apply /forms).
22. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
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 or CAMA Permit. The

Rowan County Municipal Solid Waste Landfill Expansion
DWQ# 04 -0343 V2
Individual Certification #3968
Page 8 of 8
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non - compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and /or civil penalties.
This the 8th day of August 2013
DIVISION OF WATER RESOURCES
Karen Higgins, Supervisor
Wetlands, Buffers, Streams — Compliance &
Permitting Unit
KH /jab
3968