19970893 Ver 3_Staff Comments_20061017

Shotwell Landfill Expansion 10/17/06
Neuse Buffer Major Variance rn~'~ ~• ~~ ~,~ ~ ~~
Summary of Variance Request ' ~~''~~' ~~s ~ ~ P~~ ~ S; ~?~ s 1 ~k2, ~~ ~ ~,.,-~
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Project Purpose: To expand the capacity of Shotwell Landfill up to 50 years in order to provide
construction and demolition debris capacity for the growth and development occurring in Wake and
Johnston Counties. Also, the site will provide the County with disposal capacity for emergencies
(hurricane debris).
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1. Off-Site: Expansion in any other direction besides north is not feasible.
d ~ Y~ ~~~,~~, a. The property to the south would involve higher stream impacts and would require a
variance on a property not purchased yet.
b. Other C&D landfill sites are located in Wake County, but over 60% of the capacity is in
the western portion of the County.
c. Only one other C&D facility is in the eastern portion of the County, and no facility is
closer to Johnston County.
d. Siting a new landfill is difficult at best under current regulatory conditions.
2. On-Site: Several alternatives considered for landfill expansion.
a. Full avoidance -results in 50% loss of capacity.
b. Partial avoidance -results in over 20% loss of capacity.
c. No avoidance -maximizes capacity.
d. Due to secondary impacts, little difference in end result (draining vs filling of wetlands
and stream).
Variance Requirements (15A NCAC 02B.0233(9)(a):
(i) Practical difficulties/unnecessary hardships prevent compliance.
a. Compliance would yield nor reasonable return/use of property.
i. Original landfill layout inefficient -too thin -limits capacity.
ii. C&D capacity low in eastern portion of County.
iii. Avoiding buffers would result in large capacity loss (above).
b. Hardship results from application of this rule.
i. Only buffers and CWA restrict the proposed facility.
ii. Other solid waste restrictions affect boundary of proposed site.
c. Hardship due to physical nature of site, different from neighbors.
i. Thin property -landfill inefficient.
ii. Added property allows much larger capacity.
iii. Adjacent properties closer to major tribs or have higher impacts.
iv. Entire watershed for subject stream is on site.
v. Only N&S allow expansion, S would be higher impacts.
d. Applicant did not cause hardship, violate rule.
i. N tract development can occur in compliance with rule.
ii. Initial design avoided/minimized impact.
iii. Variance request for whole reach due to secondary impacts.
e. Did not purchase property after effective date of rule.
i. Original property purchased by Frank Lovick on 4/30/97.
ii. Temporary rule effective 7/22/97.
iii. Deed transferred to Shotwell Inc. (Frank Lovick).
iv. New properties not part of variance (no buffer impacts).

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f. Hardship unique to property.
i. Existing C&D landfill -only 5 in County, 2 in eastern portion.
ii. Other sites have more acreage -not similar situation.
iii. No other landfill closer to Wake & Johnston Co (franchise).
iv. New landfill sites difficult to acquire & permit.
(ii) Variance in harmony with purpose/intent of rules.
a. Variance sought for secondary impacts, not just primary intent.
b. Preserving remaining buffers, additional upland buffers on site.
c. Impervious surfaces are extremely small (<4%).
d. Stormwater controls provided and loading well below thresholds.
e. Water quality protection measures (see below).
(iii) Public safety/welfare ensured & water quality protected.
a. Need for landfill to support the ongoing development in County.
i. Reduces traffic going to other sites.
ii. Franchise only for Wake & Johnston -local need, not importing.
iii. Potential disaster debris site for County.
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Outline of Variance Submittal: ~J "11` ` °~
iv. Only operates during working hours.
v. Existing facility received well by neighbors.
b. Water quality protected to maximum extent practical.
i. C&D not MSW, less likely to cause contamination.
ii. Strict monitoring & maintenance for 30 years (80 yr total).
iii. Impervious surfaces minimal. j--~ e-~~~,
iv. BMP implementation and monitoring/maintenance.
v. Pre/post loading below thresholds.
vi. Mitigation to be provided (streams, wetland``tts, buffers).
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1) Cover letter
a. Contents described above
2) Variance form
3) Overview map -service areas
4) Site map
5) USGS map
6) Soil survey map
7) Timeline of project
8) Site photographs
9) Nutrient loading analysis
10) Conceptual stormwater plan
11) BMP worksheets
12) Agent authorization letter
13) Conceptual site plans (separate attachment)
a. Alternative Designs
b. Proposed Site Plan
c. Cap Detail
d. Stormwater Design