19930818 Ver 4_Approval Letter_20090923

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 23, 2007
Wake County Department of Environmental Services - Solid Waste Division
Attn: Mr. James Reynolds
Solid Waste Director
Post Office Box 550
Raleigh, NC, 27602
Re: South Wake Municipal Solid Waste Landfill, Holly Springs, Wake County
DWQ #19930818, Ver. 4; USACE Action ID. No. SAW-2006-20191-292
APPROVAL of Individual 401 Water Quality Certification and APPROVAL of General
Isolated and Other Non-404 Jurisdictional Wetlands and Waters Permit - Modification
Dear Mr. Reynolds:
Dee Freeman
Secretary
Attached hereto is a copy of Individual Certification No. 3622 issued to Mr. James Reynolds, Solid Waste
Director of Wake County Department of Environmental Services - Solid Waste Division, dated
September 23, 2009. Also, we have determined that a portion of this project is covered by the State
General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). 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 April 9, 2007.
If we can be of further assistance, do not hesitate
CHS/cbk/ijm
Attachments: Certificate of Completion
IWGP100000
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Wilmington District, USACOE
Danny Smith, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
John Jamison, HDR Engineering, Inc., 3733 National Drive, Suite 207, Raleigh, NC 27612
John Roberson, Wake County Facilities Design and Construction, P.O. Box 550, Raleigh, NC 27602
Filename: 19930818Ver4SouthWakeLandfill(Wake)401_IWP_MOD2
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o,enr.state.nc.us/ncwetiands/
NorthCarolina
,Naturally
An Equal Opportunity 1 Affirmative Action Employer
Commercial Property Analysts
Page 2 of 6
September 23, 2009
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION and ISOLATED WETLANDS
PERMIT
THIS INDIVIDUAL CERTIFICATION and GENERAL ISOLATED WETLANDS PERMIT 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
.0500 and .1300 and 15A NCAC 2B .0200 to Wake County Department of Environmental Services - Solid
Waste Division to fill 6.73 acre of jurisdictional wetlands, 0.15 acre of isolated wetlands, 373 linear feet of
perennial stream, 2,188 linear feet of important, intermittent stream, 1,164 linear feet of unimportant,
intermittent streams in the Cape Fear River Basin, and 40 linear feet of intermittent stream temporary
impact, associated with the construction of the South Wake Municipal Solid Waste Landfill in Holly
Springs in Wake County, North Carolina, pursuant to an application filed on the 215` day of September of
2006, and in additional correspondence dated January 31, 2007 and received by DWQ on February 1, 2007,
along with a modification request made September 14, 2009.
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/Isolated
Wetlands Permit 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:
Type of Impact Amount Approved Units Plan Location or Reference
Stream 373 (linear feet) - perennial; 2,188 U.S. Army Corps of Engineers Public
(linear feet) - important, intermittent Notice (September 21, 2007) and
stream; 1,164 (linear feet) - additional materials from applicant
unimportant, intermittent; and 40 (linear dated January 31, 2007, and September
feet temporary impact - perennial 14, 2009
404 Wetlands 6.73 (acres) U.S. Army Corps of Engineers Public
Isolated Wetlands 0.15 (acres) Notice (September 21, 2007) and
additional materials from applicant
dated January 31, 2007, and September
14, 2009
Commercial Property Analysts
Page 3 of 6
September 23, 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 404/401/Isolated Wetlands Permit 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 without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream 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 Land Resources or
locally delegated program has released the project;
Continuing Compliance:
The Wake County Department of Environmental Services - Solid Waste Division, 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 the Wake County Department of
Environmental Services - Solid Waste Division 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 the Wake
County Department of Environmental Services - Solid Waste Division 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;
Commercial Property Analysts
Page 4 of 6
September 23, 2009
Mitigation:
6. Mitigation requirements:
Mitigation must be provided for the proposed impacts as specified in the table below. A
comprehensive mitigation plan combining off-site stream and wetland restoration and
enhancement, along with a payment to the Ecosystem Enhancement Program for wetlands
impacts, is delineated in conditions 7 and 8 below. No impacts specified in this Authorization
Certificate shall occur until after the permittee has made full payment to the NC Ecosystem
Enhancement Program (EEP) and provided a copy of the payment documentation to the DWQ,
and the EEP has provided written confirmation to the DWQ that it agrees to accept responsibility
for the mitigation work required. Additionally, the off-site stream and wetland restoration and
enhancement plan must be initiated by November 1, 2007 and completely constructed and
implemented according to the plans approved by this Office prior to March 1, 2008. The
mitigation must be maintained according to the approved plan and permanently protected by the
use of conservation easements or similar protections. Any repairs or adjustments to the
mitigation site must be made according to the approved plan or must receive written approval
from this Office to make the repairs or adjustments.
Type of Impact Compensatory Mitigation Required River and Sub-Basin Number
Streams 373 feet 373 feet perennial stream impact 1:1 ratio Cape Fear 03030004
Wetlands 6.88 acres 6.88 acre impact 1:1 ratio Cape Fear 03030004
6. Stream Restoration with Approved Plans
The stream restoration and enhancement plan must be constructed, maintained, and monitored
according to the approved plans in the document included in your application materials entitled
"Mitigation Plan: South Wake Landfill Mitigation Site, Wake County, North Carolina" dated
January 19, 2007 and any subsequent modifications to the application. Any repairs or adjustments
to the site must be made according to the approved plans or must receive written approval from
this Office to make the repairs or adjustments. The applicant shall be required to demonstrate
373 feet of successful stream restoration at this site to meet the requirements of this Certification.
7. Compensatory Wetland Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed wetland impacts as specified in the table below.
We understand that you wish to make a payment to the Wetland 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 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:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Wetlands 6.88 acres Cape Fear 03030004
Commercial Property Analysts
Page 5 of 6
September 23, 2009
Road Crossings:
8. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48
inches, and 20% of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Other conditions:
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or Isolated
Wetlands Permit, and any subsequent modifications, the applicant is required to return the
attached Certificate of Completion to the 401 Oversight and Express Permitting Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
11. Conservation Covenants
The Declaration of Conservation Covenants, Conditions, and Restrictions for protection of the
mitigation site shall be implemented prior to impacting any wetlands or waters approved for
impact under this Certification/Isolated Wetlands Permit. A final copy of this document shall be
provided to this office within 60 days.
A. Stonriwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent building
or other structure is occupied at the site. If a development is phased, then the approved
SMP for each future phase must be constructed and operational before any permanent
building or other structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
Commercial Property Analysts
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September 23, 2009
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
Violations of any condition herein set forth may result in revocation of this Permit and may result in
criminal and/or civil penalties. Also, this approval to proceed with your proposed impacts or to conduct
impacts to 404 jurisdictional waters as depicted in your application shall expire upon expiration of the 404
Permit. The authorization to proceed with your proposed impacts or to conduct impacts to isolated waters
as depicted in your application and as authorized by this Isolated and Other Non-404 Jurisdictional
Wetlands and Waters Permit, shall expire upon expiration of IWGP100000 (October 31, 2013) (but will
remain valid with subsequent renewals of IWGP 100000), unless IWGP 100000 is otherwise rescinded by
the Director of the Division of Water Quality.
If this 401 Certification/Isolated Wetlands Permit 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 401 Certification/Isolated Wetlands Permit shall be
final and binding.
This the 23`d day of Septe e 2009
DfVI N OF A R LITY
6Coleen H. Sullins
CHS/cbk/Ym