20030222 Ver 2_Approval Letter_20170801

K',o ter Resour( es
€NV1RONNENTRL. OUAl i y
August 1, 2017
County of Johnston
Attn: Mr. Rick Hester
P 0 Box 1049
Smithfield, NC 27577
ROY COOPEIR
MICHAEL S. REGAN
S. JAY /IMNILRMAN
DWR # 03-0222 v2
Johnston County
Subject: Major Variance Approval of Neuse Riparian Buffer Impacts with Additional
Conditions
Johnston County Landfill Phases 6-10
Dear Mr. Hester:
You have our approval for the impacts listed below for the purpose described in your application
dated March 16, 2017, received by the Division of Water Resources (Division) March 20, 2017,
with subsequent information on April 12, 2017. This letter shall serve as your Major Variance
approval with conditions as authorized in 15A NCAC 02B .0233 (9)(c)(ii). This letter only
addresses the major variance from the buffer rules and does not approve any activity within
Waters of the United States or Waters of the State. 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 requires you to follow the following conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Buffer Rules are met. No other impacts are approved, including
incidental impacts. [15A NCAC O2B .0233(8)]
State of North Carolina j Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

County of Johnston
Major Variance Approval
DWR # 03-0222 v2
Page 2 of 5
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers — Zone 1
Site 1
22,046 (square feet)
0 (square feet)
Buffers — Zone 2
Site 1
17,654 (square feet)
0 (square feet)
2. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0233
shall occur within the protected riparian buffer unless approved by the Division.
3. Mitigation Plan
Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from the Old Savannah Nutrient Offset &
Buffer Bank Mitigation Bank to meet this mitigation requirement. Until the Old Savannah
Nutrient Offset & Buffer Bank Mitigation Bank 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 Old Savannah Nutrient Offset & Buffer Bank
Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC
02B .0233 (10)]:
Note: Mitigation adjusted to remove wetlands that will be mitigated in
accordance with 15A NCAC 02H .0506
4. A final Site Plan including the Stormwater Management Plan must be approved by the
Division of Water Resources prior to disturbance within the buffer. [15A NCAC 02B .0233
(9)(a)(iii)]
5. This major variance shall only apply if the US Army Corps of Engineers issues a Section
404 permit and the Division of Water Resources issues a 401 Water Quality Certification
for impacts to the stream and wetlands associated with the subject buffers. [15A NCAC
02H .0500]
Compensatory Mitigation
River and Sub -basin
Required
Number
Neuse
Buffers
75,957 (square feet)
03020201
Note: Mitigation adjusted to remove wetlands that will be mitigated in
accordance with 15A NCAC 02H .0506
4. A final Site Plan including the Stormwater Management Plan must be approved by the
Division of Water Resources prior to disturbance within the buffer. [15A NCAC 02B .0233
(9)(a)(iii)]
5. This major variance shall only apply if the US Army Corps of Engineers issues a Section
404 permit and the Division of Water Resources issues a 401 Water Quality Certification
for impacts to the stream and wetlands associated with the subject buffers. [15A NCAC
02H .0500]

Irl`eatris Resources
LN IRONPOt NI AL ()UWAYY
August 1, 2017
County of Johnston
Attn: Mr. Rick Hester
P 0 Box 1049
Smithfield, NC 27577
R 0 Y <"O01)f R
MICHAEL S. RECiAN
S. JAY ZIMMLRMAN
DWR # 03-0222 v2
Johnston County
Subject: Major Variance Approval of Neuse Riparian Buffer Impacts with Additional
Conditions
Johnston County Landfill Phases 6-10
Dear Mr. Hester:
You have our approval for the impacts listed below for the purpose described in your application
dated March 16, 2017, received by the Division of Water Resources (Division) March 20, 2017,
with subsequent information on April 12, 2017. This letter shall serve as your Major Variance
approval with conditions as authorized in 15A NCAC 02B .0233 (9)(c)(ii). This letter only
addresses the major variance from the buffer rules and does not approve any activity within
Waters of the United States or Waters of the State. 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 requires you to follow the following conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Buffer Rules are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0233(8)]
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

County of Johnston
Major Variance Approval
DWR # 03-0222 v2
Page 2 of 5
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers —Zone 1
Site 1
22,046 (square feet)
0 (square feet)
Buffers — Zone 2
Site 1
17,654 (square feet)
0 (square feet)
2. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0233
shall occur within the protected riparian buffer unless approved by the Division.
3. Mitigation Plan
Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from the Old Savannah Nutrient Offset &
Buffer Bank Mitigation Bank to meet this mitigation requirement. Until the Old Savannah
Nutrient Offset & Buffer Bank Mitigation Bank 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 Old Savannah Nutrient Offset & Buffer Bank
Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC
02B .0233 (10)]:
Note: Mitigation adjusted to remove wetlands that will be mitigated in
accordance with 15A NCAC 02H. 0506
4. A final Site Plan including the Stormwater Management Plan must be approved by the
Division of Water Resources prior to disturbance within the buffer. [15A NCAC 02B .0233
(9)(a)(iii)I
5. This major variance shall only apply if the US Army Corps of Engineers issues a Section
404 permit and the Division of Water Resources issues a 401 Water Quality Certification
for impacts to the stream and wetlands associated with the subject buffers. [15A NCAC
02H .0500]
Compensatory Mitigation
River and Sub -basin
Required
Number
Neuse
Buffers
75,957 (square feet)
03020201
Note: Mitigation adjusted to remove wetlands that will be mitigated in
accordance with 15A NCAC 02H. 0506
4. A final Site Plan including the Stormwater Management Plan must be approved by the
Division of Water Resources prior to disturbance within the buffer. [15A NCAC 02B .0233
(9)(a)(iii)I
5. This major variance shall only apply if the US Army Corps of Engineers issues a Section
404 permit and the Division of Water Resources issues a 401 Water Quality Certification
for impacts to the stream and wetlands associated with the subject buffers. [15A NCAC
02H .0500]

County of Johnston
Major Variance Approval
DWR # 03-0222 v2
Page 3 of 5
6. Erosion and Sediment Control Practices
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 [15A NCAC 02B
.0200] :
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.
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.
The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act.
7. 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. 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. [15A NCAC 2B .0233]
8. Protective Fencin
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
activities to ensure compliance with 15A NCAC 2B .0233.

County of Johnston
Major Variance Approval
DWR # 03-0222 v2
Page 4 of 5
9. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Major
Variance. If you change your project, you must notify the Division and you may be
required to submit a new application package. If the property is sold, the new owner
must be given a copy of this approval letter and is responsible for complying with all
conditions. [15A NCAC 02B .0233(9)(c)(ii)]
10. The applicant and/or authorized agent shall provide a completed Certificate of
Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project
completion (available at: hap_./ldeq.nc about div_is ons/,,neater-resources/ titer_
resources-permits/wastewater-branch/401 wetlands-buffer-permits/401-application-
forms -help -documents. [15A NCAC 02B .0233 (9)(c)(ii)]
11. This approval grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. This approval and its conditions are final and binding
unless contested. [15A NCAC 02B .0233 (9)(c)(ii)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Major Variance can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60).
A petition form may be obtained from the OAH at http://www.ncoah.comz or by calling the OAH
Clerk's Office at [phone] for information. 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 B:OOam and S:OOpm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
County of Johnston
Major Variance Approval
DWR # 03-0222 v2
Page 5 of 5
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division for the Neuse Riparian Buffer Rule as described
in 15A NCAC 02B .0233. Please contact Jennifer Burdette at 919-807-6364 or
[e-mail] if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
cc: Phil May, Carolina Ecosystems, Inc., 3040 NC 42 West, Clayton, NC 27520
DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 030222v2JohnstonCoLandfill(JOhnston)_NEU_MJV.docx