19981070 Ver 2_Approval Letter_20080926

W A T ?9QG
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
September 26, 2008
DWQ Project # 98-1070, Ver. 2
Haywood County
Mr. Mark Shumpert
Haywood County
1233 North Main Street, Box 2
Waynesville, NC 28786
Subject Property: White Oak Landfill
Ut to Pigeon River [040305, 5-7, C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Shumpert:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.45 acres of 404/wetland and 185 linear feet of perennial stream, as described
in your application dated August 15, 2008 and received by the Division of Water Quality (DWQ) on
August 18, 2008, with additional information received August 25, 2008, to construct the proposed landfill
expansion at the site. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use
Nationwide Permit(s) NW39 when issued by the US Army Corps of Engineers (USACE). In addition,
you should obtain or otherwise comply with any other required federal, state or local permits before you
go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-
discharge regulations. 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 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
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:
Type of Impact Amount Approved nits Reference
404/Wetlands 0.45 (acres) PCN page 4 of 9
Stream - perennial 185 (linear feet) PCN page 4 of 9
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://h2o.enr.state.nc.us/newetlands
None Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
2 Haywood County
No Waste, Spoil, Solids, or Fill of An Page 2 of 4
September 26, 2008
Y Kind
No waste, spoil, solids, or fill of an
the footprint of th
Impacts e Y kind shall occur in wetlands'
activities, includin depicted in the Pre-
control Best g the design Construction Waters, or riparian areas
Management Practi esNotification. All beyond
standards installation, operation , and maintenance construction
, statutes, or rules occur. 'shall be performed so of sedi
that no matt and erosion
3• Erosion violations of state water quality
and sediment control
the proper design, installation practices must be in full comp
order to protect surface and operation and liance with all specifications
waters standards: maintenance of such Best
Manage governing
a. The erosion and sediment control matt Practices in
operated, and maintained in of measures tfor hehm
Sediment and Erosion Control Plannin project must be designed
with
b• The design,
most recent version ' installed,
installation, operation, g and Design Manual, of the North C
measures must be such that the and maintenance of the sediment and erosion control
hey equal, or exceed, the re
recent version of the North Carolina Sediment and
shall be maintained on all construction sites b 9uireonments tro s slot control
includin Erosion Control pacified in the most
g contractor-owned or leased borrow Manual. The devices
c• Sufficient °?ON' sites, and waste
materials required for stabilization pits associated with the pro pile (spoil)
sto'Water routin ) Projects,
g and treatment shall be on a site nd/or repair of erosion o trot.
4 Sediment and at all tim measures and
Erosion Control Measures es.
Sediment and erosion control measures shall n
approval from the Division. of be l
and waters is unavoidable If Placement Ofsedimentan ero erosion ror waters W.
be conducted in a , design and placement of temporary erosion thout prior
adjacent to or manner that may result in dis-e I devices in wetlands
control dev upstream and down control mea
quilibrium of wetlands or stresures shall not
stream of the above
ices shall be re
that the Division of I moved and the natural structures. am beds or banks,
All
Land Resources or locall grade restored wi hinSedimentand erosion
(2) months of the date
5• Construction Stormwater Permit NCGO1 0000 Y delegated two
Program has released the project.
Upon the approval of an Erosion and Sedimentation (DLR) or a DLR Control Plan issued
NPDES General sto delegated local erosion
by th
to the project. This 'Water permit and sedimentation control e p Division of Land
General Permit ( allow NCGO10000) ad
construction activities as stipulated b ministered by DW gram, an Orinwater s tions in h to permit discharged during automatically issued
permit [applicable to construction by Conditions in the
ing land disturbing
with permit conditions including Projects that disturb one (1) mYour
If j
and re g the sedimentation control plan, sal _ proect is covered b
porting rquirements are re (l) or more acres], full co by this
be found at htt . e//h2o.enr,state,ncqus/su/Fo co ms Documents.htm f monitoring compliance
py of this permit and monitorin ' record k eeping
6 Deed Notifications . g repot forms may
Deed notifications or similar
waters and protective buffers in corder to hants as all boa
These Placed on all retained
sample deed not fchani ms shall be put in place at hel line for sfouture wetland, water wetlands,
impact an be downloaded from the 40 '/Wetlands and, water and buffer
or properties are recorded
Unit web site at . A
Haywooa county
Page 3 of 4
September 26, 2008
http://h2o.enr.state.nc.us/ncwetlands/documents/wet_buf_compl.pdf. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Mitigation:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 calendar days from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
11 T e of impact Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 185 (square feet) French Broad/06010106
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing;
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
Haywood County
Page 4 of 4
September 26, 2008
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 Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincerel ,
A
oleen H. tullins
CHS/gym
Enclosures: GC3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Kevin Barnett, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Matt Matthews, DWQ Branch Manager
Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28791
Filename: 981070Ver2 WhiteOakLandfill(Haywood)401
O?0 W A T?
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> bua-i

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. Mark Shumpert and Haywood County, have permission as outlined
below to fill or otherwise impact 0.45 acres of 404/wetland and 185 linear feet of perennial stream to construct the
landfill expansion at the site, which is in Fines Creek, Haywood County, North Carolina. 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
NC EEP NAME White Oak Landfill
DWQ PROJECT #: 19981070, Ver. 2
LOCATION: Fines Creek
COUNTY Haywood
BASIN/ SUB BASIN French Broad/06010106
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, surface
waters and riparian buffers 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
"r Feet Of Perennial Stream 185 Linear Feet Of Perennial Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 981070Ver2 WhiteOakLandfill(Haywood)401_EEP
One
hCarolina
401 Oversight/Express Review Permitting Unit lrturalltf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper