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HomeMy WebLinkAbout19970972 Ver 1_More Info Received_20010120 (5) 612 Wade Avenue Suite 200 Raleigh, NC 27605 Telephone: 919.828.3433 Fax: 919.828.3518 EcoScience July 1, 1999 Mr. John Dorney Division of Water Quality, DEHNR 4401 Reedy Creek Road Raleigh, North Carolina 27607 Re: Mitigation Plan, Anson County Waste Disposal Facility Dear John: On behalf of our client, Allied Waste Industries, Inc., EcoScience Corporation is pleased to provide you with a copy of the wetland and stream mitigation plan for the above referenced facility. The information contained in this plan is intended to demonstrate that on-site mitigation options are viable for replacement of unavoidable wetland/stream impacts resulting from development of this disposal facility. We welcome your comments. Sincerely, ECOSCIENCE CORPORATION C? Jerry McCrain, Ph.D., CEP President cc: Ms. Cyndi Bell, DWQ Mr. Ken Averitte, DWQ Mr. Brian Card, P.E., Allied Waste Attn: Ms Diane Welsh, Hampton B. Allen Public Library, Wadesboro Mr. Will Burton, Smith Helms Mr. Alan Davis, COE State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr:, Governor Bill Holman, Secretary Kerr T. Stevens, Director A4 D E N R Division of Water Quality Environmental Sciences Branch & Wetlands/401 Unit Location: 4401 Reedy Creek Road Raleigh, N,C. 27607 Mailing Address: 1621 Mail Service Center Raleigh, N.C. 27699 FAX: (919) 733-9959 I FAX TO: I FAX NUMBER:70L' -6 9L/-S4 C4 FROM: t32 rr PHONE: 73 3-g 7 2 NO. OF PAGES INCLUDING THIS SHEET: 3 3? 3-)q -9Sr8 If you receive this fax by mistake call; ESB (919) 733-9960 or Wetlands (919) 733-1786, SEP 28 '99 02:28PM State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T, Stevens, Director Mr. Brian Card, P.E., Regional Engineer Container Corporation of Carolina P.O. Box 219 Pineville, North Carolina, 28134 Dear lvtr, Card: P.2/4 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 27, 1999 Re: Anson County Landfill, Chambers Development of North Carolina. Inc. DWQ No. 970972 Attached hereto is a copy of Certification No. 3247 issued to Chambers Development of North Carolina, Inc., dated September 27, 1999. If we can be of farther assistance, do not hesitate to contact us- Sincerely, Kerr T. Stevens Attachments 970Si72 cc: Allen Davis, Corps of Engineers, Wilmingwn Regulatory Field Office Ken Averitte, DWQ, Fayetteville Regional Office Roger Thorpe. DWQ, Washington Regional Office Sherri Coghill, Division of Solid Waste Melany Earnhardt-Breen, North State Legal Services File copy Dennis Ramsey, DWQ Coieen Sullins, DWQ Ernie Seneca, DWQ Mons O'Bryant, Smith Helms Mulliss and Moore, I-L.-P. Denise: Lee, CACTUS Central Files Dave Penrose Division of Water Quality • Environmental Sciences Branch Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh. NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 60% recycled/10% post consumer paper SEP 28 '99 02:28PM NOIt'fH 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 NCA.C 2H. Section .0500 to Chambers Development of North Carolina, Inc., resulting in 3,730 linear feet of jurisdictional perennial and intermittent Stream impacts and 0.49 acre of wetland fill located above and below headwaters of Brown Creek and Pinch Gut Creek pursuant to an application filad on the 22nd day of October of 1998 to construct a solid waste management facility on a 1200-acre tract in Anson County. 'The application provides adequate assurance that the discharge of fill material into Brown Creel, and Pinch Gut Creek and their unnamed tributaries in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge tuidelincs. 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 h 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application. as described in the Public Notice. and in supplemental materials provided to DWQ (or the Corps of Engineers) by Chambers (or its associates) on January 7 and 12, March 9, and September 1, 1998. January 28 and May 14, 1991). If you change your project. you must notify us and send us a new application ('or a new certification. if the property is sold. the new owner must he a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. Should additional wetland or stream fell be requested in the future, compensatory mitigation May be required as described in 15A NCAC 211 .0506 (11) (G) and (7). For this approval to be valid, you must follow the conditions listed below- In addition, you should get any other federal. state or local permits before you go ahead %viih yotir project incluJi-nz (but not limited to) Solid Waste, Sediment and Erosion control, Non-dischargo and NVater Supply Watershed regulations. Condition(s) of Certification: 1. That the activity be conducted in such manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (5(1 NT1 s in streams and rivers not designated as trout waters by DWQ. 25 tiTi:'s in all salvwater classes, and all lakes and reservoirs; 10 NTU's in trout waters). P.3/4 2. Should waste or borrow sites be located en wetlands. compensatory. miti(*alion will be required since it is a direct impact from construction activities. 3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation is rcquire;d for stream impacts. 1085 linear feet of perennial stream mitigation is required in order to achieve a 1:1 ratio. Stream mitigation shall be implemented onsite in accordance with the stream mitigation plan developed by EcoScience Corporation (revised plan dated July 1, 1999). Construction of the stream mitigation site shall be implemenied as soon as possible. recognizing seasonal constraints associated with planting schedules. The State of North Carolina's monitoring protocol for maerobenthos populations shall be followed for the biotic success criteria. Initiation of the stream mitigation work shall be implemented prior to the requested stream impacts. An as-built report is due to DWQ r SEP 28 199 02:28PM P. 4/4 within 30 days of completion of the mitigation work. The monitoring protocol shall include data and interpretations of macrobenthos populations, water chemistry, flow rates and physical measurements demonstrating stream stability, and can only be ended after five years (following construction) if the stream is stable and restoration is successful. If necessary, the morphology of the constructed stream shall be revised and monitoring shall continue until stabilization is achieved and restoration is demonstrated to be successful for five years. If at any time it is determined that the effects of landfill operations or facilities (such as stormwater runoff, wash areas) threaten the integrity of the mitigation site, Chambers must notify DWQ and determine how the problem will be corrected. A final version of the stream monitoring protocol shall be submitted to DWQ for written approval within 60 days of issuance of the 404 Permit. 4. Measures shall be taken to prevent live or fresh concrete from corning into contact with waters of the State until the concrete has hardened. Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 Permit. This Certification shall expire upon expiration of the 404 Permit. If this Certification is unacceptable to 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, F.U. Box 27447, Raleigh, N.C. 27611-7447. If modifications are roade 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 27'" day of September 1999 DIVISION OF WATER QUALITY Kerr T. Stevens WQC # 3247 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director May W, 1999 MEMORANDUM V4 AdMbmddbMmdMk D E N R To: Brian Card, P.E. Regional Engineer Chambers Development of North Carolina, Inc. From: John Dorney 401/Wetlands Unit NC Division of Water Quality Subject: Anson County Solid Waste Management Facility COE Action ID. No. 199800592; DWQ No. The NC Division of Water Quality has reviewed your application for a 401 Water Quality Certification for the Anson County Landfill. Based upon field visits conducted by staff of the DWQ Central and Fayetteville Regional Offices, and review of materials provided with your application, we are providing a list of questions and concerns we have about the project. If possible, please be prepared to discuss these issues and provide the requested materials during our meeting scheduled for Friday, May 14, 1999 at 2:00 p.m. at the Water Quality Lab in Raleigh. 1. Stream mitigation plan - the applicant should provide evidence that the proposed stream mitigation site will produce a stable channel. This should include geomorphic measurements from a reference reach of stream in the project vicinity as well as the proposed mitigation area. They should discuss how they arrived at the proposed geometry, anticipated hydrology during high and low flows, and how they arrived at the placement of structures in and adjacent to the stream for bank stabilization. For example, the plan drawings show "brush piles" at several locations above the stream banks, but does not provide details on materials, dimensions or maintenance. What is the purpose of placing these piles, and how would they enhance stream stability? Also, a forested 50-foot buffer must be created on each side of the new stream. The applicant should provide a construction schedule for the mitigation area, and is advised that DWQ will condition the 401 Certification to require concurrent construction of the landfill and mitigation site to the maximum extent practical. The monitoring plan should include details of data to be taken, including physical measurements, biological assessment, flow rates, and water chemistry. This information should be used to determine if landfill operations are degrading streams flowing offsite, such as Brown Creek in the Pee Dee National Wildllife Refuge. 2. The applicant has provided details on the requirements and restrictions involved in locating a suitable property for a landfill. It would be helpful if they provided specific evidence that other sites were considered, and to discuss the selection criteria that led to preference for this particular site. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper 3. Stream and wetland impacts - the applicant should provide evidence that the stream and wetlands downstream of the landfill footprint will not be impacted by the diversion of flow. If it is anticipated that stream and wetland hydrology may be affected so that these systems would be removed from jurisdiction, then mitigation for these impacts should be provided. The retention pond within the stream mitigation site may help to replace these systems. It is the applicant's responsibility to provide a discussion of the functions and values of these systems, and to address how they will be replaced at another site, if necessary. 4. Site plan - the plan drawings and application include the footprint of the landfill excavation area. The applicant is required to show access roads, buildings, parking areas, utility corridors, wash areas, and any other facilities associated with the landfill, as their location might affect wetlands and/or streams. Wetland and stream impacts would need to be avoided to the extent practical, and additional mitigation might be necessary. Stormwater treatment for these other facilities must also be provided onsite. It is also appropriate for the applicant to address any access roads planned to link with US 74, and driveway agreements made with DOT. We advise the applicant to consider this issue because DOT's long-term plans to convert US 74 to an Interstate may restrict the location of the access road, and therefore affect the location of these roads in relation to wetlands and streams. 5. It is advisable for the applicant to discuss real estate agreements made in the location and acquisition of this property. Any additional parcels acquired in the process of site development may be considered as cumulative impacts should they be developed. 6. The applicant should discuss how and where spoil material would be disposed. The 401 Certification will stipulate that any spoil material must be placed in uplands. 7. The applicant should discuss how they determined the flow path of groundwater from the site. Were any models used to predict flow rates and courses? It would also be helpful to discuss how groundwater will be monitored during use of the landfill, and how problems would be addressed. 8. The applicant can take measures to reduce the amount of flow of wastewater contributed to the existing sewer lines offsite, particularly during periods of high flows. For example, equalization basins can be installed onsite, so that material is retained onsite during storm events, then pumped offsite on dry days. DWQ is open to discussing other methods proposed by the applicant. 9. Stormwater management - the applicant should be prepared to fully discuss the stormwater plan for handling all runoff from the landfill and associated facilities. . Thank you for your attention. We look forward to meeting with you on May 14. Questions regarding this correspondence or about the 401 Certification Program should be directed to the DWQ Central Office in Raleigh at (919) 733-1786. Cc: Allen Davis, COE, Wilmington Ken Averitte, FRO, DWQ Paul Rawls, DWQ James Coffey, Solid Waste Management Central Files State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director D E N R May 7, 1999 MEMORANDUM To: Brian Card, P.E. Regional Engineer Chambers Development of North Carolina, Inc. From: John Dorney 401/Wetlands Unit NC Division of Water Quality Subject: Anson County Solid Waste Management Facility COE Action ID. No. 199800592; DWQ No. 'j-7 O CI ?7 a The NC Division of Water Quality has reviewed your application for a 401 Water Quality Certification for the Anson County Landfill. Based upon field visits conducted by staff of the DWQ Central and Fayetteville Regional Offices, and review of materials provided with your application, we are providing a list of questions and concerns we have about the project. If possible, please be prepared to discuss these issues and provide the requested materials during our meeting scheduled for Friday, May 14, 1999 at 2:00 p.m. at the Water Quality Lab in Raleigh. 1. Stream mitigation plan - the applicant should provide evidence that the proposed stream mitigation site will produce a stable channel. This should include geomorphic measurements from a reference reach of stream in the project vicinity as well as the proposed mitigation area. They should discuss how they arrived at the proposed geometry, anticipated hydrology during high and low flows, and how they arrived at the placement of structures in and adjacent to the stream for bank stabilization. For example, the plan drawings show "brush piles" at several locations above the stream banks, but does not provide details on materials, dimensions or maintenance. What is the purpose of placing these piles, and how would they enhance stream stability? Also, a forested 50-foot buffer must be created on each side of the new stream. The applicant should provide a construction schedule for the mitigation area, and is advised that DWQ will condition the 401 Certification to require concurrent construction of the landfill and mitigation site to the maximum extent practical. The monitoring plan should include details of data to be taken, including physical measurements, biological assessment, flow rates, and water chemistry. This information should be used to determine if landfill operations are degrading streams flowing offsite, such as Brown Creek in the Pee Dee National Wildllife Refuge. 2. The applicant has provided details on the requirements and restrictions involved in locating a suitable property for a landfill. It would be helpful if they provided specific evidence that other sites were considered, and to discuss the selection criteria that led to preference for this particular site. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper