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