19970893 Ver 4_Public Comments_20071023

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North Carolina Division of Water Quality
Attn: Cyndi Karoly
1650 Mail Service Center
Raleigh, NC 27699-1650
a-r~- q1- X893 Y~
3113 Georgian Terrace
Raleigh, NC 27607
October 23, 2007
Q~c~r~odr~~
OCT 2 3 2007
DENR -WATER pUALITY
yy~WdD3 AND STORMWA~ BRANCH
Dear Ms. Karoly:
I am writing in opposition to Shotwell Landfill Inc. (SLI) request to the US Army
Corps of Engineers (Action ID SAW-2007-03170) to impact wetlands and perennial
stream channels.
I am opposed to this request for the following reasons:
At the Wake County Commissioner's meeting on OS September 2006, in his appeal for
granting the franchise amendment for expansion of the landfill, Henry Campen, attorney
for SLI stated that the stream buffers would be preserved, representing 12 acres of open
space today and forever. Yet less than 10 months later, a map dated July 2007 shows
where wetlands and streams will be impacted, some permanently. At the same Wake
County Commissioner's meeting, Mr. Campen stated that granting the franchise
amendment would advance the county's goal of protecting water quality. He also stated
that granting the franchise amendment would preserve natural resources as streams would
be preserved with 12 acres of stream buffer. (Note that this is a reiteration by Mr.
Campen, as he stated this fact twice for emphasis.) Mr. Campen stated that granting of
the franchise amendment would not materially impact the open space plan for the Marks
Creek Area. He stated that the expansion of the landfill would do more to preserve the
area than a subdivision alternative. (This information was captured by my personal
attendance at the meeting and by an official DVD (video and audio) recording of the
meeting.
The open space program of Wake County has identified the Mark's Creek area as the
Hope Diamond of open space. The open space initiative seeks to ensure the protection of
good water quality, preservation of natural resources, managed production of resources
(forest and farmland), preservation of historic and cultural property, protection of scenic
landscapes and outdoor recreation opportunities, and protection of public health, safety,
and welfare.
This open space program is tied to the Mark's Creek Rural Lands Initiative where Wake
County, in collaboration with Triangle Land Conservancy (TLC), and Trust for Public

Land (TPL) is working "to acquire land and conservation easements for water quality
protection, conservation of privately held working lands and scenic vistas and access for
low-impact recreation in the Mark's Creek watershed. The goal is to protect properties
for water quality, wildlife habitat, rural character, and recreation and trail access."
The above three paragraphs indicate that, in my opinion, misstatements were made by
SLI in order to obtain approval for the landfill expansion.
I, along with family members, have an undivided interest in property that is adjacent to
this landfill. Our property has been identified as a priority tract for acquisition for open
space. Currently, we are in discussion with Wake County and TLC to place a
conservation easement on our property and create a passive recreation park as part of the
Mountains to the Sea Trail project.
In SLI's application to US Army Corps of Engineers, it is stated that there are no
properties registered by the National Register of Historic Places that will be affected by
the proposed work. That is an incorrect statement. Part of our property was listed on the
National Register of Historic Places on 06 October 2000. The landfill expansion, with
heights of 440 feet above mean sea level, will reach in the air equivalent to a height of a
20 story building. These mounds will be visible from the National Register District.
This is not protecting the scenic vistas.
The application to the US Army Corps of Engineers states that evaluation will take into
account water supply and conservation, water quality, and needs and welfare of the
people. At the September 5, 2006 Wake County Commissioner's meeting, it was
explicitly stated that Wake County does not have a shortage of C&D disposal capacity.
On 13 October 2007, there was a fire at SLI. I have enclosed a copy of the official fire
report. The majority of North Carolina is in drought conditions. Wake and Johnston
Counties are in exceptional drought status. To remove wetlands and streams will permit
a fire to spread more easily as there is not wetland or stream buffers to stop the fire.
The streams that SLI wants to affect feed into Marks Creek which flows into the Neuse
River. The Neuse River has been named one of the most endangered rivers. The
following statements are obtained from the Neuse River Education website
http://www.neuse. ncsu. edu/geninfo.htm
"The primary pollutants in the Neuse River are sediment, organics, and nutrients,
particularly nitrogen."
"The Neuse drainage basin encompasses all or part of 23 counties (Beaufort, Carteret,
Craven, Duplin, Durham, Edgecombe, Franklin, Granville, Greene, Harnett, Johnston,
Jones, Lenoir, Nash, Onslow, Orange, Pamlico, Person, Pitt, Sampson, Wake, Wayne,
Wilson). The basin supports 1.01 million people (14.9% of the state residents), the

majority of whom live in Durham, Raleigh, Cary, Smithfield, Goldsboro, Kinston, and
New Bern."
"Researchers at N.C. State University are currently conducting seven research or
extension projects in the Neuse River Basin. The majority of these projects focus on
preventing agricultural runoff and promoting sustainable farming systems for farmers.
The intent of one project is to protect urban water quality by increasing the ability of
stormwater detention basins."
Wake County is one of the fastest growing counties in North Carolina with
approximately 100 people relocating into the county daily. The protection of our natural
resources is extremely important for quality of life issues. In my opinion it would be
short sighted to allow permanent impacts to the 1.09 acres of wetlands, 0.55 acre of an
open water pond, and 467 linear feet of perennial stream channel.
The basic premise of Section 404 of the Clean Water Act is that when you apply for a
permit, you must show that you have taken steps to avoid impacts on wetlands, to
minimize impact on wetlands and provide compensation for any unavoidable impacts.
In the packet of information that was provided to the Wake County Commissioners, the
following statements were made about the landfill.
***********************************************************************
WETLANDS, STREAM IMPACTS AND BUFFERS:
Development cannot occur within 50 feet of surface water bodies. The expanded landfill
would be surrounded by a 200-foot wide buffer between the property line and the
disposal boundary as required by Solid Waste Division rules. Within this 200-foot
boundary and along the perimeter of the property, a 100-foot wide undisturbed buffer and
transitional buffer yard with Type A opacity along Smithfield road and along the northern
border of the site will be maintained.
There are no wetlands within the proposed developed area. A site map shows perennial
streams on the east and west sides of the two properties and another stream segment
roughly dissecting the two parcels. A site review was made by the landfill's
environmental consultant and staff from the North Carolina Division of Water Quality
(NC-DWQ) to determine potential impacts to streams, wetlands, and buffers.
Based in input for NC-DWQ, the design of the landfill cells was completed to minimize
ecological impacts by centrally locating the landfill, thereby reducing overall impacts to
the streams and buffers. I have enclosed a copy of this staff packet so you can see the
landfill design that was presented to Wake County Commissioners in order to gain
approval for franchise amendment.
********************************************************************

For these reasons, I urge you to deny Shotwell Landfill Ines application as it is not
consistent with the Clean Water Act, or with the promises made to county officials.
Sincerely,
~~~~,~ y~j~2;,,1~(,~' %~;~t~,J
Betty Brandt Williamson

EASTERN
4828 Clifton Rd wAKe Tel: [phone]
Knightdale, North Carolina 27545 ~ ~ Fax: [phone]
2007 EMERGENCY INCIDENT MASTER REPONSE REPORT: (DEPARTMENT USE ONLY)
TYPE/CA~,T,: ENiS/FR: FI ~4rfL- RUN #
AbD~ESS: ~ ?2 ~ s,,..: 1',
XNCIDENT # 2 (g ~
.DATE: 3 2so7 TAE; 5; ~~] AM~ WIC: M T W T F~ S
~U'N'Yx'S: Pl P~ ESQ CIO C20 Cx C2 B1 (M.AID) r'~°~" ~``e'~~~`~
SHIFT ON DU'TY': A B~ STATION RESPONSE~.1' /~$ .BOTT~
w++++++++w,~w+wwwwwwt,aw*rrx,r**,r+*+,t+wwR***++++xww•x,r+t+++:+++**+*+++++++::++++++++*++++*
PAID STAFF: SCENE CONIMANDEI2 (ICS): 2d'-~
A SHIFT:
CAPT BOGGS # 200
ENG HARVE`Y'
EE McGEE
CAPT KNURO'WSKI # 204
LI)rUT POPE # 301
~'~' YOUNG
CHIEF GUPTON # 100
B SI~IFT:
C SIFT:
CAPT DENNIS # 201 W CAPT ARNOLb # 203
LIEUT GUPTON # 206 v" ENG BEST
I+'F TUCKER r~ FF STUBSLEIG'tELD
CAPT LYONS # 202 CAPT ~IA1tTLEY # 205
IrIEUT JOHNSON # 303 ~LIEUT MORGAN # 302
Pr MURIi`Y PP MARSHALL
** OVERTIME (MINS) L Z
+*++++++****++:c++++*++*+a+*,v•wl+awwwwwt+w+www**+*+++++++#++++***+o,++wa~wwwwwwwwww+*++++
VOLUNTEER. PERSONNEL:
AICINS
BEST
CANTER
COI,IJI:NS
COYISINS
DAVIS
DE~NAM
bENNIS
FLICK
-/ HARLEY
HILL
IIOXJGE
.IOHNSON # 101
~KREAIS
LEACH
MONCK
PARKER
PARRISH
PHILYAW
~~PRIVETTE
kiObRIQUES
SMITH
STUBBLEFIELD
`~ TAYLOR
TEDDER
THOMPSON
WALL
WARNER
WATICINS
WI~IITLEY
WILSON
TOTAL PERSONIYCL ON CALL: I
FILE COPY

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311 Nursing home
331 ^ Hospital
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A FCI~ DLtI~ /r ~ i ~ I.C~S~! L
'~ State ~ Inddenl pate
B Property Details
v ~ ~~ ~ ^oelele NFIR.~
Station InddentNumDer J~ ~, ^CAenpe Fire
i,r EXpoeUre
B, ~'umeletl Hamper of reOdenbal lWlnp volts In [ Realdnnttal
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became Involved
8Z I I I l ~B411dlnpe not Itlvolvad
Number o/ Dulldlnpe invorvad
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ncroe burned loulclde Ores) ~Leae than on. acro
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or Products ^ None commerdei, IndueWal, energy, or epncuhural products or
a ma4nab on ale property, whetnef or no( They DeceMa invonrod
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entered. Storage Use
ILL, Ar ~~~~A* t ~D 1 ^ ~vlk storage orwerohoualn
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a ^ PPP^ck~ysd goods lo-eele
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~ ^ Undeternllnad
D Ignition Causo of Ignltlon
E1 ~ E3 Human Factors
^Check DDX U Ihk la an eYpeeuro ropon. f'"-~ B~ C Contrlbuting to Ignltlon
D, 1 Intentional ~/~ Check ell applicable boaee
Area olnre orlyln ~ ^NOne
2 nintentlonel 1 ^Aaleep
~ ~~~, ~ \ 3 Failure of equlptnsnt or heat source
D2 i ' Iv`i I I Q 4 ^ Act of nature 2 ^PoasiblY Impaired by
Heateource 5 ^ Cause under Investl aNon Ieohol or drugs
g 3~Unattended person
U ^Causo undetermined after invsstlgatlon 4 os:l6ly mentally disabled
0
D3 pQ~ /,~,~~ ~I EZ Factors Contrlbutln to I Hilton 3 ^PhyslcaNy dleabled
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tenoned to ebJea or origin.
Da ~ ` ~ ^Age was a rector .__._--,
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Type of mnenal Orel IOnh eQUaad ony Ir Item Ant I @ttlm8ted age OT I ) I J
IpnXed deoa IaoQ er <~o t l l psnon Involved
Factor oonDlOUtlnp W Ignalpn (2)
~ ^ Mals 2 ^ Female
F~ Equipment Involved In Ignltlon Equipment power Source Flre Su
`~,~ F2 G ppresslon Factors ^None
I~JNone ' ~a I! equipment was nrn Involv.q, eK)p to infer up to mnea codes.
/ ` 9ectlon G I
1 I I I ~_ (3~aY-I+pm~ent Power Source ~
Equipment involved I ~ -~
Equipment Portability Plre suppteaelon a (t)
Brand ~_ F3
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2 ^ 3tatlonary Fhe suppreaelen laser Iz) -
Seriet a ( 1
Poneble eaulpment normal y oan Da moved by
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multiple tocetlonB. end reoUlree no bolo to Install, Flre aupprestdon feGM (9)
f„'~ Mobile Property Involved ^ Nana f,,+2 Mobile Pro e T
P -tY ype and Make
1 ~ Not Involved In Ignition, but burned 1I~L~J' L~
Z ^ Involved In Ignltlon, but did not bum Mlle Mooery typo '
~ ^ Involved In IgnlHon and burned I~.LJ'
Motdl, p i make
Mobllo property modal l 1 I I J
Yser
1 1 1 1O I I J'
License Plele Number 9tala VIN
guss+cturo (lre9 Pleass be sun to eempleta the 8tructun Fin form (NPIR[i-3),
FILE COPY
Local Use
^ Pre-Fire Plan Available
8oms of the tn10r1nallon prosanted In this rspon may be
based upon ropona Irom Other ogenGte:
Arson report attached
Pollco. repoPt attached
^ Coroner report attached
^ Other reports attached
I
NfIRB-~ ReHrgn 01 a11~D1

50 3Stid 3~II.~ 3~itiM Nd31St13

4828 Clifton Rd ~ w~«N
Knightdale, North Carolina 27545 Tel: [phone]
Fax: [phone]
2007 EMEk2CENCY RESPONSE 120STER
STA~'TON # 1
~ AEpA12TMENT TJSE ONLY/I'CLE COPY:
It~U'N #:
~~l~~u
DATE: C~ r D 7 TIME: ~ ~
--~~----..--- INCIDENT {~:_ o~ f 7`
TX.~E/CALL: ~1`~" /EMS DESCItiBE:
LOCATION: T ~ ~ ` ~Q/
A.PPARAT~CJS RESPONSE: E1 E2 ~ E5 ~ ~ ~ CAR10 CAR20 CAI21 CAR z BOAT 1
$. AKI'NS
B. REST
A. CANTER
B. COLLINS
B, covSrNs
S. CULLEN
C. DA VIS
D. DEBNAM
- A. DEk~,L.
L. DENNIS
I~. FLICK
--, C C. HARI.EY
~- .Y. Y-FILL
~A. HODGE
M.-.IOHNSON # 101
. w.ICREAIs
J. MONCIC
A. NEAL
c.rARxER
P. EARRISH
J. pHILYAW
- , __.... R. rRIVETTE
~A. ROD.RIQIJES
- R. SMITH
IC. STtJBBI,EFIEI;D
r. THOMpSON
J. TAYLOR.
L.TEDDER
M. 'WALL
-- '~'V. WARNER
L. WATK.XNS
B: WITITLEY
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September 5, 2006 ~ `' ~~
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M#6
Item Title: Request for Amendment of Construction and Demolition Debris Landfill
Franchise for Shotwell Landfill, Inc.
Specific Action Requested:
That the Board of Commissioners considers the request to amend the
construction 8~ demolition debris landfill franchise issued to Shotwell Landfill,
Inc., and approve the attached Resolution Amending Ordinance Issuing
Franchise.
Item Summary:
At its regular meeting on August 21, 2006 the Wake County Board of Commissioners
heard statements from representatives of Shotwell Landfill, Inc. (Shotwell) regarding an
application to amend its franchise to operate a construction and demolition debris
(C&D) landfill within the County (copy attached). Shotwell received a franchise from the
County on July 10, 2000, after obtaining a special use permit to operate a C&D landfill
from the Board of Adjustment. The franchise and special use permit limits the service
area of the landfill to five townships within the county, and to a specific limited footprint.
The application requests that the service area be expanded to include all of Wake-and
Johnston Counties, and that the allowable disposal footprint area be expanded.
Shotwell's current facility consists of 17 acres of a 68-acre tract located at 4724
Smithfield Road, Wendell North Carolina. The landfill owners recently received approval
from the Board of Adjustment on July 11, 2006 for an expansion to the existing facility
(Phases I and II) on the parcel where the landfill is currently operating and on the newly
acquired 67-acre abutting tract to the north and 0.86 acre to the east. The expansions
from the recently approved change of use on these two properties will increase the land
disposal capacity from 1 million cubic yards to about 9 million cubic yards and extend
the life of the landfill from 5 to more than 55 years.
The Wake County C&D landfill ordinance, enacted by the Board on September 7, 1999,
provides that once a special use permit allowing a C&D landfill is granted by the Board
of Adjustment, an applicant shall be granted a franchise by the Board of
Commissioners once the applicant provides certain information to the Board.
The C&D franchise ordinance provides that the Board of Commissioners may, but is not
required to, hold a public hearing on the granting (in this case amending) of a C&D
landfill franchise. Granting of this franchise amendment requires two separate readings
by the Board. This is the second reading of this hearing by the Board.
Attached is an application to amend the franchise agreement, a resolution amending
the franchise agreement and a staff report which outlines a chronology of events
related to the Shotwell Landfill and a summary of background information that was
provided to the staff by the permittee.
Attachments:
1. Staff Report
2. Application to Amend Franchise Agreement
3. Resolution Amending Franchise Ordinance
4. Wake County Franchise Ordinance for Construction Debris Landfills

Request for Amendment of Construction and Demolition Debris
Landfill Franchise for Shotwell Landfill, Inc., Wake County, North
Carolina
Staff Report, Shotwell Landfill, Inc. Summary
August 30, 2006
STATEMENT OF BACKGROUND
The Applicant, Shotwell Landfill, Inc. (Shotwell), petitioned the Wake County Board of
Commissioners (BOC) for an amendment to its franchise on August 21, 2006 to operate a
Construction and Demolition (C&D) debris landfill located in Wake County, North Carolina (the
"Shotwell C&D Landfill"). The existing C&D landfill consists of 17 acres of a 68-acre tract
located at 4724 Smithfield Road, Wendell North Carolina. The landfill owners recently received
approval from the Board of Adjustment on July 11, 2006 for an expansion to the existing facility
north of the existing disposal area (Phases I and II) on the parcel where the landfill is currently
operating and also applies to an expansion of the facility on the newly acquired 67-acre abutting
tract to the north and 0.86 acre to the east. Details of the amendment are as follows:
1. Shotwell Landfill, Inc. is the current holder of a franchise to operate the Shotwell C&D
Landfill, which franchise was originally granted in the year 2000 and recently reaffirmed by the
Board of Commissioners on March 21, 2005.
2. The existing franchise only allows the Shotwell C&D Landfill to service five Townships
within Wake County, some of which abut the Johnston County line. The current landfill with
planned expansions (referred to as Phase I and II expansions) recently approved by the Board of
Adjustment will involve up to a total of 1 million cubic yards (CY) of C&D storage. The
existing franchise was based on a limited footprint for the facility, and at its permitted acceptance
rate of 91,250 tons per year, the Shotwell C&D Landfill only has approximately five years of
useful life remaining. That is a permit condition, which assumes that the landfill will reach its
maximum capacity in about five years.
3. Shotwell Landfill, Inc. wishes to expand its service area to include all of Wake and Johnston
Counties and to expand the footprint of the Shotwell C&D Landfill on the newly acquired land to
the north of the existing facility. By incorporating the changes approved by the Board of
Adjustment, the volume of the landfill would increase by approximately 8 million CY for a total
of about 9 million CY. With the increased footprint for the Landfill, however, the Shotwell
C&D Landfill would have a projected useful life of 55.8 years estimated from May 2006.
4. For the change described in number 3 above, Shotwell Landfill, hic. does not seek to increase
the volume or change the characteristics of the waste stream that it is currently permitted to
accept on a daily basis. However, the landfill is currently receiving waste at the landfill at about
~1

one-half the permitted volume rate. So there is likely to be some increase in truck traffic with this
proposal.
5. Shotwell Landfill, Inc. was granted a special use permit to operate a C&D landfill in 1999
(BA- 1818). On July 1 1, 2006, the Wake County Board of Adjustment issued Shotwell Landfill,
Inc. a modified special use permit to expand to size of its C&D landfill on the original parcel.
This Board of Adjustment decision also authorizes a change in use of the north parcel for which
the Owner is seeking authorization for a new franchise. The Wake County C&D landfill
ordinance provides that once a special use permit allowing a C&D landfill is granted by the
Board of Adjustment, an applicant shall be granted a franchise by the Board of Commissioners
once the applicant provides certain information to the Board.
TIMELINE: (County initiated activities are shown in italics.)
The following is a chronology of County activities that are relevant to the Shotwell franchise
request. Staff has also included in this chronology a brief summary of significant Open Space
property acquisitions that fall within the Mark's Creek Corridor.
November 4, 1997 -Wake County issued Land Disturbing Permit #0984009 (confirmed in May
22, 1998 for the Land Clearing Inert Debris (LCID) landfill)
February 18, 1998 -Wake County approved Special Use Permit for the LCID landfill.
July 1, 1998 -Wake County issued LCID permit #98-001 for the site.
November 16, 1998 -Wake County issued Certificate of Compliance for E&SC measures for the
LCID landfill.
December 4, 1998 -Wake County issued approval to operate Phases 1 A & 1 B following pre-
operations meeting.
March 9, 1999 -Wake County approved Special Use Permit for the C&D landfill.
September 7, 1999- The Board of Commissioners enacted an ordinance requiring all
construction and demolition landfills to obtain a franchise from the County prior to operation.
The ordinance provides that once a special use permit allowing such a landfill is granted by the
Board of Adjustment, an applicant shall be granted a franchise by the Board of Commissioners
once the applicant provides certain information to the Board.•
1. The name and address of the applicant and owner of the proposed site.
2. The trade or other fictitious names, if any, under which the applicant does business,
along with a certified copy of and assumed name certificate stating such name or articles
of incorporation stating such name.
3. A legal description and a map of the property proposed to be included in the C&D
landfill;
~~

4. A statement of the population to be served by the C&D landfill, including a description of
the geographic area;
S. A description of the volume and characteristics of the waste stream;
6. A projection of the useful life of the C&D landfill; and
7. Evidence that the Wake County Board ofAdjustment has granted a special use permit for
the proposed C&D landfill.
Section 3. Upon issuance, the franchise document shall contain a statement of the population to
be served by the C&D landfill, including a description of the geographic area; a description of
the volume and characteristics of the waste stream; and, a projection of the useful life of the
C&D landfill.
Section 4. The Board of County Commissioners, pursuant to G.S. ~'130A-294(61)(2), may hold a
public hearing for the purpose of notifying the public of the intent to issue a franchise for a Cc~D
landfill if the board determines that sufficientpublic interest exists in the proposed C&D landfill
to warrant a public hearing. If the Board, in its sole discretion, determines that a public hearing
should be held, the county shall schedule a time and place for said hearing.
December 6, 1999 -Wake County BOC held a Public Hearing on the issuance of a franchise
agreement for Shotwell Landfill Inc. BOC unanimously denied the granting of the landfill
franchise request.
Shotwell Landfill Inc. appealed to the Wake County Superior Court, which upheld the BOC
denial on the ground that the applicant had failed to describe the geographic area where the
landfill was proposed to be located.
June 19, 2000 -Shotwell Landfill Inc. submitted a new application for a C&D landfill franchise
with the geographic descriptions included. No public hearing was held. The BOC approved the
franchise 5 -2, with Brannon and Mangum voting against.
This franchise imposed a 120-ton per day limitation on the volume of waste and limited the areas
from which the waste could originate (Little River, St. Matthews, Marks Creek and portions of
Wake Forest and St. Mary's townships).
August 7, 2000 -Wake County approved Franchise for the C&D landfill.
October 16, 2000 -NCDENR approves site suitability for the C&D landfill site.
January 10, 2001 -NCDENR issued Solid Waste Permit #92-26 (Phase 1) for the C&D landfill.
(Permit to Construct)
Apri130, 2001 -Wake County issued Certificate of Compliance for E&SC measures for the
C&D Phase 1.
April 30, 2001 -NCDENR issued Solid Waste Permit #92-26 (Phase 1 -Cell 1) for the C&D
landfill (Permit to Operate)
03

August 4, 2003 -Shotwell Landfill Inc. applied for an amendment to its Landfill Franchise,
requesting that the area from which it may accept debris be increased to all areas in a 25-mile
radius of the site, and to increase the daily permitted tonnage to 500.
Because the special use permit issued by the Board of Adjustment did not contain either of these
restrictions, there was no requirement that the special use permit be amended; therefore, there
was no requirement that this request be referred to the Board of Adjustment. Commissioner
Bryan moved to deny the request to amend the Shotwell Landfill, Inc. franchise to change the
permitted tonnage from 120 tons per day to 500. The motion died for lack of a second.
Following further discussion, Commissioner Gurley moved to table the issue of amending the
Shotwell Landfill, Inc. franchise to allow time to gather additional information and to speak with
constituents and business owners in the area, before calling for a public hearing. The motion was
seconded by Commissioner Jeffreys and was unanimously approved
August 18, 2003 -Wake County denied the Franchise modification (increase to 500 tons per day)
for the C&D landfill. Shotwell Landfill Inc. noted that at an increased capacity to 250 tons per
day, the facility would reach its capacity in 2009; increased to 500 tons per day, the facility
would reach its capacity in 2006; and at the current 120 tons per day the capacity would be
reached in 2015-2020. Commissioner Bryan then moved to deny the application for amendment
to the Shotwell Landfill franchise. Commissioner Gardner seconded the motion. The motion
passed 5-2 (Jeffreys and Ward noted nay).
October 20, 2003 -Shotwell Landfill, Inc. filed a new request to amend its franchise by raising
the daily tonnage limit to 250 tons with no change in the area covered by the franchise. BOC
unanimously approved this request. This franchise amendment shall expire coterminous with the
expiration of the original franchise.
November 3, 2003 -Wake County approved Franchise modification (increase to 250 TPD) for
the C&D landfill. Second vote of the franchise was unanimously approved by the BOC.
January 20, 2004 the Board of Commissioners authorized staff to develop a memorandum of
understanding with Triangle Land Conservancy to pursue Priority I open space tracts in the
Mark's Creek Watershed. The initial outlay was $1.96 million.
April 12, 2004 - NCDENR issued revised Solid Waste Permit #92-26 (increase to 250 TPD) for
the C&D landfill (Permit to Operate).
December 28, 2004 -County Open Space Acquisitions (see table below for details.
February 21, 2005 -- The Board of Commissioners approved the re-issuance of a franchise to
operate the C&D Landfill from Shotwell Landfill Inc. to David King and Gary Lynch.
March 21, 2005 -Second reading of the request to approve the re-issuance of a franchise to
operate the C&D Landfill from Shotwell Landfill Inc. under new ownership. Wake County
0~

approved amended Franchise to include Gary Lynch and David King as new owners of the
Shotwell C&D landfill.
March 23 and 30, 2006 -County Open Space Acquisition (see table below fof• details)
March 30, 2006 - NCDENR issued Solid Waste Permit #92-26 (Phase 1 -North Development)
for the C&D landfill (Permit to Operate)
Apri127, 2006 -County Open Space Acquisition (see table below for details)
May 26, 2006 -County Open Space Acquisition (see table below for details)
July 11, 2006 - Shotwell received approval from the Board of Adjustment for an expansion to
the existing facility north of the existing disposal area (Phases I and II) on the parcel where the
landfill is currently operating. The approval also applies to an expansion of the facility on the
newly acquired 67-acre abutting tract to the north and 0.86 acre to the east.
County Open Space Acquisitions -Marks Creek

Property
Owner
Total
Acrea a Actual
Purchase
Price County
Funds
Ex ended Board
Approval
Date
Closing
Date
argaret J. Williamson
LC 191.860 $2,835,600.00 $1,945,600.00 l1/2]..'2005 3/23/2006
eorge Pleasants
LC 11.4.270 $2,399,670.00 $1,699,670.00 5/15/2006 5/26;2006
ESC
LC 31.540 $160,000.00 $0.00 1/20/2004 12/28/2004
acy F. Edgerton Heirs 24.439 $291,166.00 $ l O l ,166.00 11 /21 /2005 3/30/2006
ohn D. and Teresa Hice 9.210 $45,129.00 $45,129.00 11 /21 /2005
illiam Ray and Rose T.
uller
118.646
$2,728,858.00
$2,728,858.00
4/17/2006
4/27/2006

otals 489.965 $8,460,423.00 $6,520,423.00
~~

WASTEWATER IMPACTS:
The existing site is served by an onsite wastewater system permitted in 1998 for a total of 120
gallons per day. An expansion of the existing Onsite wastewater systems is proposed for Phases
I and II (south parcel) and the north parcel of up to 50 employees (1,250 gallons per day). The
applicant has not applied for this expansion to date. Soils suitability has not been conducted by
the County to date for these expansions.
GROUNDWATER IMPACTS:
The site is currently installed with seven groundwater-monitoring wells and three surface water-
monitoring locations. The surface water monitoring points are to determine impacts to the
facility's riparian buffers and streams. Since January 2001 when the facility became operational,
semi-annual testing has shown no problems with either the groundwater or surface waters. With
respect to the construction of both the Phase I and II expansion and the north parcel expansion, a
detailed geologic and hydrogeologic investigation will take place prior to construction. The data
derived from the detailed investigations will determine placement of the expanded groundwater
monitoring wells and surface water monitoring stations.
An additional seven groundwater-monitoring wells and three surface water-monitoring locations
are proposed for the Phase I and II expansions. There is no information relative to the number of
groundwater-monitoring wells and surface water-monitoring locations needed for the expansion
onto the north parcel, however staff expects the number to be commensurate with the increased
size of the facility.
There are groundwater receptors in proximity to the existing facility. There are seven drinking
water wells within 1,000 feet of the existing facility; two of the wells are within the proposed
expanded site to the north. Depending on the final design of the expanded landfill, these wells
may require abandonment. None of the remaining five wells are closer than 500 feet, the setback
distance required by North Carolina Department of Environment and natural Resources
(NCDENR) regulations. Impacts to groundwater attributable to the operation of the facility
could potentially impact these offsite groundwater receptors.
SEDIMENTATION AND EROSION CONTROL IMPACTS:
The facility currently operates under a County Sediment and Erosion Control (S&E) plan and is
in compliance. For expansions, revised plans will be filed with the County and will be
implemented and maintained during the life of expanded landfill to meet County S&E Ordinance
requirements. NCDENR and County regulations apply.
WETLANDS, STREAM IMPACTS AND BUFFERS:
Development cannot occur within 50 feet of surface water bodies. The expanded landfill would
be surrounded by a 200-foot wide buffer between the property line and the disposal boundary as
required by Solid Waste Division rules. Within this 200-foot boundary and along the perimeter
~s

of the property, a 100-foot wide undisturbed buffer and transitional buffer yard with Type A
opacity along Smithfield road and along the northern border of the site will be maintained.
There are no wetlands within the proposed developed area. A site map shows perennial streams
_ __
on the east aiid west sides of the two properties and another stream segment roughly dissecting
the two parcels. A site review was made by the landfill's environmental consultant and staff
from the North Carolina Division of Water Quality (NC-DWQ) to determine potential impacts to
streams, wetlands, and buffers.
Based on input from NC-DWQ, the design of the landfill cells was completed to minimize
ecological impacts by centrally locating the landfill, thereby reducing overall impacts to the
streams and buffers. By centrally locating the landfill, there will be stream and buffer impacts to
the segment that dissects the two properties (more of the southern parcel). These impacts will be
mitigated through in-lieu fees, as there are limited to no opportunities available on-site.. It would
be beneficial for County staff to request the Ecosystem Enhancement Program to direct the
resultant mitigation to areas within the Mark's Creek hydrologic unit in alignment with the
County's Open Space Plan rather than some other watershed in the state.
WATERSHED AND NATURAL HERITAGE AREAS:
This property is located on three first-order streams (headwaters), perennial and intermittent, that
run 2300 feet (from the upper end of the tributary) into an unnamed tributary of Marks Creek.
The unnamed tributary runs approximately 1000 feet to the County line and another 4400 feet to
the confluence of Marks Creek. Marks Creek is an additiona15000 feet to the Neuse River from
this confluence. No natural heritage species have been noted within 2 kilometers and there are
no known significant heritage occurrences on-site.
STORMWATER IMPACTS:
C&D landfills do not fall under the Standard Industrial Classification code for landfills', the
National Pollutant Discharge Elimination System (NPDES) program is generally limited to
Industrial and Municipal Solid Waste landfills. However, the site would be applicable to the
General (Stormwater) Permit for Construction Activity. In this permit there is monitoring of the
stormwater control measures but due to the design storm greater than the 10-year event (in this
case a 25 year -24 hour storm due to solid waste regulations), there is no actual sampling
requirements (only visual monitoring). The landfill's Engineer did not have any recollection of
exceedances of the permit.
The Shotwell Landfill is authorized to discharge stormwater which has been adequately treated
and managed in accordance with an approved Erosion and Sedimentation Control (S&EC) Plan
by the North Carolina Division of Land Resources, Land Quality Section, or a delegated local
~ Establishments primarily engaged in the collection and disposal of refuse by processing or destruction or in the
operation of incinerators, waste treatment plants, landfills, or other sites for disposal of such materials.
Establishments primarily engaged in collecting and transporting refuse without such disposal are classified in
Transportation, Industry 4212.
~7

program under the provisions and requirements of North Carolina General Statute 113A - 54.1 to
the surface waters of North Carolina or to a separate storm sewer system. At this time the permit
is with Wake County. The Shotwell Landfill operates under the General Permit to Discharge
Stormwater Under the National Pollutant Discharge Elimination System, Permit Number
NCGO10000. The permit became effective on Octoberl, 2001 and expires on September 30,
2006. The General Permit is applicable to point source discharges from construction activities
disturbing five acres of land prior to March 10, 2003. After March 10, 2003, the General Permit
is applicable to sites disturbing one or more acres.
County staff does not expect the facility to present adverse stormwater conditions provided that
the permitted stormwater devices are operated in accordance with the S&EC permit. The
expansion of the landfill into the north parcel will result in a net increase of impervious surface
(for roads) for a total impervious limit of about 3%. Calculations show this will correlate to less
than 21bs/ac/yr of nitrogen; well below the threshold of 3.61bs/ac/yr. Pre and post-construction
velocities will be similar.
VISUAL IMPACTS:
The final elevation of the landfill will be 440' above mean sea level, or about 201 feet above
ground surface. This facility will be visible from Smithfield Road as far away as the Wake-
Johnston county line. In its completed form, it will be similar in appearance to the North Wake
County landfill and will be vegetated.
AIR QUALITY IMPACTS:
There is not currently an air permit and there is not expected to be one for the expansion. Dust at
these facilities can be an issue if not managed. The facility operator and engineer explained that
dust control is addressed in the facility operations manual, Section 3.6. The County staff did not
review this document.
TRUCK TRAFFIC:
As explained above, the Shotwell Landfill, Inc. does not seek to increase the volume or change
the characteristics of the waste stream that it is currently permitted to accept on a daily basis.
Although there will not be a change in the permitted volume per day, the truck traffic into and
out of the facility will essentially double since the facility is currently accepting one-half of the
permitted volume (120 tons per day versus 250 tons per day permitted). The daily traffic in and
out of the landfill is currently at about 130 trucks per day. With the increase in volume to the
permitted level this will increase to more than 250 trucks in and out of the facility per day if
operated at the permitted level.
STATE SOLID WASTE PERMITTING REQUIREMENTS
After the amendment to the County franchise agreement, the franchise holder will be required to
amend its solid waste permit. A complete application for an amendment to the permit shall
contain a facility plan that describes the comprehensive development of the C&D landfill
08

facility. The facility plan defines the comprehensive development of the property proposed for a
permit or described in the permit of an existing facility.
The plan includes a set of drawings and a report, which present the long-term, general design
concepts related to construction, operation, and closure of the C&D landfill unit(s). The scope of
the plan spans the active life of the unit(s). Additional solid waste management activities located
at the C&D landfill facility shall be identified in the plan. The facility plan defines the waste
stream proposed for management at the C&D landfill facility. If different types of landfill units
or non-disposal activities are included in the facility design, the plan must describe general waste
acceptance procedures.
The application must also include approval from the unit of local government(s) having zoning
jurisdiction over the site which states that the proposal meets all the requirements of the local
zoning ordinance, or that the site is not zoned.
~g

SHOTWELL LANDFILL, INC.
APPLICATION FOR AMENDMENT
TO FRANCHISE TO OPERATE CONSTRUCTION
AND DEMOLITION DEBRIS LANDFILL
The Applicant, Shotwell Landfill, Inc., hereby petitions the Wake County Board of
Commissioners for an amendment to its franchise to operate a construction and demolition debris
landfill located in Wake County, North Carolina (the "Shotwell C&D Landfill"). The Applicant,
Shotwell Landfill, Inc., by its attorney, Henry C. Campen, Jr. , in support of this Application,
hereby states as follows:
1. Shotwell Landfill, Inc. is the current holder of a franchise to operate the Shotwell
C&D Landfill, which franchise was originally granted in the year 2000 and recently reaffirmed
by this Board on March 21, 2005.
2. The existing franchise only allows the Shotwell C&D Landfill to service five
townships within Wake County, some of which abut the Johnston County line. The existing
franchise was based on a limited footprint for the facility, and at its permitted acceptance rate of
91,250 tons per year, the Shotwell C&D Landfill only has approximately five years of useful life
remaining.
3. Wake County and surrounding areas are growing at a tremendous rate resulting in
significant new construction now and planned for the future, including significant school
construction In order to accommodate the growing construction in and around Wake County and
allow for more efficient C&D transportation, Shotwell Landfill, Inc. wishes to expand its service
area to include all of Wake and Johnston Counties and to expand the footprint of the Shotwell
C&D I.,andfill in accordance with the Facility Plan Drawing attached hereto as Exhibit A.
According to Wake County Planning Office and U.S. Census Bureau projections, Wake and
RAL 331902v1
10

Johnston Counties have a population of approximately 900,000. Over the extended life of the
Shotwell C&D Landfill as proposed, the population of these two counties is expected to nearly
double to 1,700,000.
4. Shotwell Landfill, Inc. does not seek to increase the volume or change the
characteristics of the waste stream that it is currently permitted to accept. With the increased
footprint for the Landfill, however, the Shotwell C&D Landfill will have a projected useful life
of 55.8 years estimated from May , 2006.
5. Shotwell Landfill, Inc. was granted a special use permit to operate a C&D landfill
in 1999 (BA-1818). On July 11, 2006, the Wake County Board of Adjustment issued Shotwell
Landfill, Inc. a modified special use permit to expand to size of its C&D landfill as shown on
Exhibit A (BA-SU-2059-06). A copy of the modified special use permit is attached as Exhibit B.
For the reasons stated herein, Shotwell Landfill, Inc. requests that the Board of
Commissioners amend the franchise ordinance granted to Shotwell Landfill, Inc. in accordance
with the proposed resolution submitted herewith.
This the ~~~day of July, 2006.
By:
Attorney for Shotwell Landfill, Inc.
Parker Poe Adams & Bernstein L.L.P.
150 Fayetteville Street Mall, Suite 1400
Post Office Box 389
Raleigh, North Carolina 27602
Phone: [phone]
Fax: [phone]
RAL 331902v 1
11

Exhibit A
Facility Plan Drawing
12

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Exhibit B
Special Use Permit
l~

STATE OF NORTH CAROLINA
COUNTY OF WAKE
PETITION NO BA: SU-2059-06
NOTICE OF SPECIAL USE APPROVAL
Property recorded in•Deed Book ,Page
Wake County Register of Deeds.
NAME OF PROPERTY OWNER (s): Shotwell Landfill, Inc.
KNOW ALL PERSONS BY THESE PRESENTS, Henry C. Campen, Jr., 1400 Wachovia Capital Center, Raleigh,
NC, 27601; applied to Wake County for Special Use Approval for the use and development of the property
described above which permit was granted by Wake County on July 11, 2006.
To expand the size of an existing construction and demolition landfill.
SHOTSnIEE LANDFILL, NC .
By: Secretary
TITIO R OWNS f of er than pet'
Gary Lynch
1, ~ lic L G ~~P R~cla a Notary Public in and for said County and State do hereby certify that
r personally appeared be~re mean acknowledge the execution of this document.
Witness m hand d official stamp or seal, this ~~"flay of 20~.
~:ti.t.~~d v~r`~~~~~
?~,~~~ ~ Notary Public
My Commission Expires:~Q2.Q~ ~.
ATTEST WAKE COUNTY
(Seal) ~
BY
~~An pf, Clerk to the W e Co ty 'Regi d Goodson, Wake County
Bo d f Adjustment L evelopment Administrator
I, Brenda F. Coats, a Notary Public in and for said County and State do hereby certify that Reginald Goodson, Land
Development Administrator of Wake County, and Angel Kropf, Clerk to the Wake County Board of Adjustment
personally appeared before me and duly sworn says each for himself/herselfthat he/she knows that this document is a
true and accurate account of the Order of The Board of Adjustment to the Land Development Administrator to issue
said special use approval subject the any terms or conditions specified in the order.
IN WITNESS ~REOF, I have hereunto set my hand and Notarial Seal this the ,11
'day , 20 Ito .
Notary Public
My Commission Expires: _~ ' ~ " a" 0 !~
15

STATE OF NORTH CAROLINA
COUNTY OF WAKE
PETITION NO BA: SU-2059-06
ADDITIONAL SIGNATURE
NOTICE OF SPECIAL USE APPROVAL
Property recorded in Deed Book ,Page
Wake County Register of Deeds.
~ ~ ~~
OWN R (Eagle Rock Investment company) ~ 'o
State of ~br~-y~ ~qrp ~; nQ
County of LUq ICe_
I, ~Q r V n'1. ~~(1 r IC a Notary Public of said county and state, do hereby
certify that ~mual T. D/r IJGr,~r (the Signatory) personally appeared before me this day and
acknowledged the execution of the foregoing instrument.
~I have personal knowledge of the Signatory; or
I have seen satisfactory evidence of the Signatory's identity, by a current state or
federal identification with the Signatory's photograph in the form of:
a driver's license
or • or
a credible witness has sworn to the identify of the Signatory.
The Signatory acknowledged to me that he voluntarily signed the foregoing document for
the purpose stated herein and in the capacity indicated.
,~, S4I y
Sworn to (or affirmed) and subscribed before me this the /g day of3~ne, 2006.
Q r 1/ ~ • ~14 rk ,Notary Public
My commission expires: 1~'.3 -~DOS~
[SEAL]
CRY M. CRARK
F NOTARY PUBLIC
~.N,. WAKE COUNTY. N.C.
~' ~°mrtrission Expires 10-3-2008
1 ['

RESOLUTION AMENDING ORDINANCE ISSUING FRANCHISE TO SHOTWELL
LANDFILL, INC. FOR OPERATION OF A CONSTRUCTION AND DEMOLITION
DEBRIS LANDFILL
WHEREAS, Shotwell Landfill, Inc. is the current holder of a franchise to operate a
construction debris landfill in Wake County (the "Shotwell C&D Landfill") which franchise was
reaffirmed by this Board on March 21, 2005;
WHEREAS, the existing franchise allows the Shotwell C&D Landfill to service five
townships within Wake County some abutting the Johnston County line;
WHEREAS, to accommodate the growing construction in and around Wake County,
including public school construction, Shotwell Landfill, Inc. wishes to expand its service area to
include all of Wake and Johnston Counties;
WHEREAS, it is in the best interests of Wake County that the area served by the
Shotwell C&D Landfill and the landfill footprint be expanded to accommodate the growing
construction activity in our area so long as that expansion complies with Wake County zoning
regulations and North Carolina environmental regulations; and
WHEREAS, on July 11, 2006, the Wake County Board of Adjustment granted Shotwell
Landfill, Inc.'s application to modify its special use permit to expand the Shotwell C&D Landfill
as shown on Exhibit A.
NOW, THEREFORE, BE IT ORDAINED THAT:
Section 1. The franchise to operate a C&D landfill previously issued to Shotwell Landfill,
Inc. is reissued on the following terms.
Section 2. The franchise shall be for operation of a C&D landfill in the expanded area
outlined in the facility plan drawing attached as Exhibit A;
Section 3. The geographic area and population to be served shall be all of Wake and
Johnston Counties and the population therein which is currently estimated to number
approximately 900,000. Over the extended life of the Shotwell C&D Landfill as sproposed, the
population of these two counties is expected to nearly double to 1,700,000.
Section 4. The volume and characteristics of the waste stream to be accepted at the Shotwell
C&D Landfill shall be as currently permitted, that is 91,250 tons per year of waste materials
having the characteristics of items permitted in demolition landfills, as defined in 15A NCAC
13B.0101(4).
17

Section 5. The useful life of the Shotwell C&D Landfill with the expanded footprint for
which a franchise is granted herein is projected to be 55.8 years estimated from May 2006.
Section 6. Shotwell Landfill, Inc. shall provide documentation reasonably required by the
County to ascertain compliance with the terms of the franchise as amended.
Section 7. This ordinance is effective upon its second reading by the Wake County Board of
Commissioners.
18

FRANCHISE ORDINANCE FOR
CONSTRUCTION DEBRIS LANDFILLS
WHEREAS, G.S. § 153A-136 provides that a county may grant a franchise to one or more
persons for the disposal of solid wastes in a county; and,
WHEREAS, G.S. §130A- 294(bl)(3) requires any applicant for a sanitary landfill permit,
prior to applying for such permit from the State of North Carolina, to obtain from each local
government having jurisdiction over any part of the proposed sanitary landfill a franchise for
operation of same; and,
WHEREAS, construction debris (C&D) landfills, defined as facilities for the disposal of
solid waste resulting solely from construction, remodeling, repair, or demolition operations on
pavement, buildings, or other structures, but not including inert debris, land-clearing debris or
yard debris, are classified by the North Carolina Department of Environment, Health & Natural
Resources as sanitary landfills; and,
WHEREAS, the Wake County Zoning Code provides that landfills, including C&D
landfills are allowable, as special uses, in any zoning district in the County; and,
WHEREAS, the Wake County Zoning Code has specific and stringent requirements
which must be met prior to the approval of a special use permit for a C&D landfill, among them
that the proposed use will not materially endanger the public health or safety of the county's
citizens and that the use will not substantially injure the value of adjoining or abutting property
or that the use is a public necessity; and,
WHEREAS, the Wake County Zoning Code provides that the Board of Adjustment is the
entity responsible for issuing special use permits for landfills; and,
WHEREAS, the Board of Adjustment is required to hold a hearing which is open to the
public prior to the approval of an application for a special use permit for a landfill; and,
WHEREAS, operational issues regarding C&D landfills are controlled by the provisions
of the Rules of the North Carolina Department of Environment, Health & Natural Resources and
the Wake County Zoning Code; and,
WHEREAS, once a special use permit is granted for a C&D landfill the granting of a
franchise to operate such a landfill is controlled by the provisions of the special use permit; and,
WHEREAS, because of the rapid building and development in Wake County there is a
continual need for C&D landfills in the County, and;
WHEREAS, G.S. §130A- 294(bl)(3) requires that certain information be contained in
every franchise granted for a sanitary landfill.
19

NOW THEREFORE BE IT ORDAINED,
Section 1. For purposes of this ordinance a construction debris (C&D) landfills is defined
as a facility for the disposal of solid waste resulting solely from construction, remodeling, repair,
or demolition operations on pavement, buildings, or other structures, but not including inert
debris, land-clearing debris or yard debris.
Section 2. Every operator of a C&D landfill in Wake County must obtain a franchise
from the Wake County Board of Commissioners. A franchise shall be issued upon the
presentation of the following information to the County:
1. The name and address of the applicant and owner of the proposed site.
2. The trade or other fictitious names, if any, under which the applicant does
business, along with a certified copy of and assumed name certificate stating such
name or articles of incorporation stating such name.
A legal description and a map of the property proposed to be included in the C&D
landfill;
4. A statement of the population to be served by the C&D landfill, including a
description of the geographic area;
5. A description of the volume and characteristics of the waste stream;
6. A projection of the useful life of the C&D landfill; and
7. Evidence that the Wake County Board of Adjustment has granted a special use
permit for the proposed C&D landfill.
Section 3. Upon issuance, the franchise document shall contain a statement of the
population to be served by the C&D landfill, including a description of the geographic area; a
description of the volume and characteristics of the waste stream; and, a projection of the useful
life of the C&D landfill.
Section 4. The Board of County Commissioners, pursuant to G.S. § 130A- 294(b 1)(2),
may hold a public hearing for the purpose on notifying the public of the intent to issue a franchise
for a C&D landfill if the board determines that sufficient public interest exists in the proposed
C&D landfill to warrant a public hearing. If the Board, in its sole discretion, determines that a
public hearing should be held, the county shall schedule a time and place for said hearing.
A notice of such hearing shall be, at the expense of the applicant, published at least once
in a newspaper of general circulation not less than thirty (30) days prior to the date established
for the hearing. Notice of the hearing must also be posted on the property, at a place visible to all
public roads adjacent to the proposed site. The notice shall be reasonably calculated to inform
20

the public of the location, date, time and purpose of the hearing. The applicant shall provide an
affidavit to the county not less than ten (10) days before the date of the hearing that the required
notice has been posted.
Section 5. This ordinance shall be effective upon enactment and shall apply to all C&D
landfills for which a special use has been issued within eight months of the effective date.
21