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HomeMy WebLinkAbout20021623 Ver 1_COMPLETE FILE_20021009F W arFgQG 0 Ao" co r > -i O '< Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality October 16, 2002 Montgomery County DWQ Project #: 02-1623 APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS Republic Services of North Carolina, LLC Attn: John Murray Post Office Box 2943 Hickory, NC 28603 Dear Mr. Murray: You have our approval, in accordance with the attached conditions, to impact 0.06 acres of wetlands for the purpose of improving the Uwharrie Landfill road crossing as you described in your application dated October 4, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3375, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 14 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. 1% N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (hftp://h2o.enr.state.no.us/ncwetlands This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Ken Averitte at our Fayetteville Regional Office at 910-486-1541. Sincerely, :., it ctor Attachments cc: Corps of Engineers Wilmington Field Office Fayetteville DWQ Regional Office File copy Central Files Paul Petigout, Environmental Services, Inc., 6047 Tyvola Glen Circle, Suite 204, Charlotte, NC 29706 ENVIRONMENTAL SERVICES, INC. 6047 TYVOLA GLEN CIRCLE, SUITE 204 CHARLOTTE, NORTH CAROLINA 28217 (704) 414-6629 4 October 2002 US Army Corps of Engineers Wilmington District Regulatory Branch ATTN: Ms. Angie Pennock 69 Darlington Avenue Wilmington, North Carolina 28403 RE: Nationwide Permit 14 (Road Crossing) Pre-Construction Notification Uwharrie Environmental Landfill Dear Angie: Enclosed, please find a Pre-Construction Notification (PCN) for the construction/improvement of a forest road for the purpose of improving access to potential borrow areas for daily cover of the existing landfill present at the site. Potential impacts include the culverting/filling of a wetland crossing that is X0.06-acre in size. Accompanying this information are two location figures and all relevant permits that have been acquired in the past at this site. Should you have any questions or require any additional information, please-contact me. Sincerely, ENVIRONMENTAL SERVICES, INC. S. Paul Petitgout Assistant Vice Presiden Enclosures Copy: Mr. Ken Averitte - NC DWQ Mr. John Dorney - NC DWQ Mr. Bill Hodges, P.E. - HHNT Mr. Ken Lowder - Uwharrie Environmental, Inc. ENVIRONMENTAL SERVICES, INC. 6047 TYVOLA GLEN CIRCLE, SUITE 204 CHARLOTTE, NORTH CAROLINA 28217 (704) 414-6629 4 October 2002 Mr. John Dorney North Carolina Department of Environment and Natural Resources Division of Water Quality r 401 /Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 RE: Nationwide Permit 14 (Road Crossing) Pre-Construction Notification Uwharrie Environmental Landfill Dear Mr. Dorney: 7 `7 D Off 9 am Enclosed, please find a Pre-Construction Notification (PCN) for the construction/improvement of a forest road for the purpose of improving access to potential borrow areas for daily cover of the existing landfill present at the site. Potential impacts include the culverting/filling of a wetland crossing that is ±0.06-acre in size. Accompanying this information are two location figures and all relevant permits that have been acquired in the past for this site. Should you have any questions or require any additional information, please contact me. Sincerely, ENVIRONMENTAL SERVICES, INC. Q•--? GJC-J - 5? 65 S. Paul Petitgout Assistant Vice President Enclosures Copy: Mr. Ken Averitte - NC DWQ Mr. Bill Hodges, P.E. - HHNT Mr. Ken Lowder - Uwharrie Environmental, Inc. Ms. Angie Pennock - US Army Corps of Engineers 0 21623 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 9W9 L Processing C-1 q ?t;? Y 9 2M 1. Check all of the approval(s) requested for this project:; ® Section 404 Permit ? Riparian or at rshed Buffer Rules ? Section 10 Permit ? Isolated W Ian lTY SECTroN ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? H. Applicant Information Owner/Applicant Information Name: Republic Services of North Carolina, L.L.C. Mailing Address: P.O. Box 2943 Hickory NC 28603 Attn: Mr. John Murray Telephone Number: (828) 464-2414 Fax Number: (828) 464-2433 E-mail Address: N/A 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Paul Petitgout Company Affiliation: Environmental Services Inc. Mailing Address: 6047 Tyvola Glen Circle Suite 204 Charlotte NC 29706 Telephone Number: (704)_414-6629 Fax Number: (704) 414-6585 E-mail Address: ppetitg?outna esinc cc Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Uwharrie Landfill - Road Crossing 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): XX-X-6485 4. Location County: Montgomery Nearest Town: Troy Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks,, etc.): From Troy, NC, travel approximately 5 miles west on NC24/27. Turn right onto Landfill Road. Proceed approximately 2 miles and turn right onto the scales at the Uwharrie landfill site. Proceed to the Uwharrie Environmental Recycling Center office complex) just beyond the scale-house. 5. Site coordinates, if available (UTM or Lat/Long): Approximate location from Topozone.com UTM Zone 17 593766 E 3910767 W Lat-Long. 35° 20' 15"N 79° 58' 06" W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): ±250 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Rocky Creek 8. River Basin: Yadkin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 6 of 13 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The general land use around the project vicinity is currently a MSW landfill Portions of the site that are not currently used as a MSW landfill have been timbered recently. 10. Describe the overall project in detail, including the type of equipment to be used: The project will consist in the construction/imwrovement of an existing forest road for the purpose of transporting cover material to the landfill Equipment used will include, but is not limited to , a bulldozer, excavator, heavy duty dump trucks etc 11. Explain the purpose of the proposed work: The purpose of the project is to construct/inrove a road suitable for transporting cover material from its current location to the MSW landfill. IV. Prior Project History if jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Permit Action No 199303905 8/26/93 0.1 ac (approximate) Permit Action No 199500806 1/13/95 0.85 ac DEM Project No 941045 1/25/95 DEM Project No. 95107410/6/95 0.01 ac. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. Yes The anticipated work will include the expansion of the MSW landfill area and will require the permitting of additional jurisdictional acreage (and linear footage of stream). The road construction/widening_of the existing r-o-w is necessary now in order to p ovide a road capable of transporting cover material from its current location to the existing landfill site. Current borrow areas are being depleted and new areas must be opened in order to p ovide the daily Page 7 of 13 cover material for the landfill. This road widening will an adequate corridor for transporting the cover material to the landfill site. The reason for separating the two projects is that the road is needed now. The expansion permit is still several months from submittal. Additionally, mitigation will be offered to offset the impact of the road widening and previous permitted actions VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The proposed impact consist of the placement of a culvert to allow flow to be conveyed from one side of the road to the other and the placement of fill material in the wetland to construct the road base. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 Culverted fill 0.08 No ±3001f Above headwaters * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: ±15 acres Total area of wetland impact proposed: 0.06-acre Page 8 of 13 3. Individually list all intermittent and perennial stream impacts below: NONE Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) List each impact separately and identify temporary impacts. Impacts include, out are not nmltea to: cuiverts ana associates rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: NONE 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U. S.) below: NONE Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody ( applicable) Type of Waterbody (lake, pond, estuary, sound, bay, can, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not wmtw to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: NIA Expected pond surface area: N/A Page 9 of 13 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed road crossing is a forest road crossing currently used to access the property on the other side of the wetland area The crossing to be expanded will have minimal wetland impacts because the impacts were minimized by placing the majority of the fill in the narrowest portions of the wetland while still utilizing the existing, road crossing,. This was accomplished by moving the centerline of the crossing approximately 10 feet north of the existingi centerline. Appropriate BMP's will be utilized to reduce erosion and sedimentation into the wetland area during and after construction VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetiands/strtngide.htnil. Page 10 of 13 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for this project will be offered as a portion of a larger mitigation effort for the expansion of the landfill Mitigation will also be offered for the impacts previously recorded for this property 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htnL If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested. (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): NIA Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? Page 11 of 13 X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total Zone 1 extends out - teet perpenaictuar uom near Ddn& UL cuaawc,, z vn_ ??w ?• additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Less than 1% of the site contains impervious surfaces. Prior to construction of the road widening silt fence will bg- laced in the appropriate areas in and around the construction area. Once completed the road will be strawed and seeded to prevent erosion of the roadbed. Side slopes will be permanently vegetated to prevent erosion of the roadbed. The silt fence placed for construction will be maintained until the vegetation is established. Page 12 of 13 XH. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The project will be constructed during dry periods so no discharge is expected. XM. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, dr other issues outside of the applicant's control). Accessibility to the cover material on the other side of the wetland area is crucial to the landfill operation. Current stockpiles of cover materials are dwindling and this proposed improved crossing will provide adequate access for large trucks to transport the cover material from its current location to the landfill. An expeditious review of the permit materials would be peg U appreciated. 10-y-02 Alicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 "I&M REPUBLIC 4??, SERVICES. INC. September 26, 2002 Ms. Angie Pennock US Army Corps of Engineers Wilmington District Regulatory Division P.O. Box 1890 Wilmington, NC 28402-1890 RE: Agent Authorization Dear Ms. Pennock: Environmental Services, Inc. will be actigg?as our agent in all permitting matters related to the proposed work at the Uwharrie Environmental Landfill located near the city of Troy, Montgomery County, North Carolina. Should you have any questions regarding this matter, please do not hesitate calling me. Sincerely, REPUBLIC SERVICES OF NC, L.L.C. ohn E. Murray, PE Carolina's Area Engineer Copy: Mr. Bill Hodges - HHNT Mr. Ken Averitte - NC DWQ Republic Services, Inc. • PO Box 2943 • Hickory, NC 28603 • Telephone (828) 464-2414 • Fax (828) 464-2433 FIGURES 2 Project Location Figures 1 USGS Quad Map Figure (Not to Scale) 1 Project Figure Page i oz i httP://www.mapblast.com/myblastd/printMap.d?E=ahV jdmSnOx7mOputrt_Mb5tbb9X6F:... 10/5/2002 API&S?+yF Page 1 of 1 PAL , T! Everyone nerds c We direct rm in Mfrs v . 1-5 l? ? ?? 113 IS E? ?s J.. i. I? i 4 y5 i 43 } a - i t? 113 +-A '`,? .113 02002 Mein ity Corp. GOT 4 http://www.mapblast.com/myblastd/printMap.d?E=ahV jdmSnOx7mOPutrtMb5tbb9X6F:... 10/5/2002 7 Troy Quadrangle Montgomery County, NC _?Z Subject Property 6a7 (approximate) Scale: Not to Scale f J IF V 7- 07- r Z ?-F -VA Impact Loca -non _(approximate) -4- N)T; N 7'? k I f 4'i U a a 41 0. ^ £ CD r °2 8 =fig 8 ? i+- s8?? Lz O aW $'?avv 0 ?? r- W p n 8 U) % 5 IT. go?a ? ? ? T w ??? g CO ?? ? 1? um %? I IBS y I'x I I ?? a ?fi3 I ? I ?`? R a, %= I I W I I, W I ?•E1? .U rrm I I = ?. W 3.9wr=&0 N 3? St % : w i • 3 L I N? w? Sos?o'r? °f?nec?.. I N I .c N w 11 JAR s N SV . I o ;, \ P I ?t I N I I N `? N ?? I I I I 4 ^^8 LL 3 I I I I = :3 02 o°OZ3 6 is 55 •'; S r S $ Sa?BfiQ? 0 `s ro E$ g E• N ?s$?.s -000 Yse`'j J' 'J - $ s s s }b E Z PRIOR PROJECT HISTORY Permits Previously Issued for the Uwharrie Environmental Landfill DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 26, 1993 IN REPLY F£FER TO Regulatory Branch Action ID No. 199303905 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Montgomery County c/o Environmental Services, Inc. ATTN: Mr. Larry Hanford 1318 Dale Street, Suite 120 Raleigh, North Carolina 27605 - Dear Mr. Hanford: Reference your recent conversations with Mr. Jeff Richter of my staff Rock Creek, on the concerning the lRecycling Complex properrtyCeand theyproposed constructioneof Uwharrie Regional a road across a wetland adjacent an unnamed tributary of Rocky Creek, west o SR 1138 near Troy, Montgomery County, North Carolina. The proposed road construction is associated with the expansion of the Montgomery County landfill. The survey plat for the Uwharrie Compxex, verified by Mr. Richter during a recent site visit, accurately reflects eiie limits of wetlands on the property. Unless there is a change in the law or our published regulations, this not to determination of the limits of wetlands may be relied upon for a perod exceed 3 years from the date of the survey plat. pacts to 'hwi ? Mres R chter ha The proposed access road to the landfill s determined approximately 1/10 of an acre of wetlands, Therefore, wetland are located in the headwaters of the unnamed tributary. fill associated with this road construction can be authorized by our Nationwide Permit No. 26. For the purposes of the U.S Army Corps of Engineers' Regulatory published ri the am, Title 33, Code of Federal Regulations (CFR), Part 330.6, Federal Register on November 22, 1991, lists nation i ethermits (NWP). Act, Authorization was provided, pursuant for discharges of dredged or fill material into headwaters and isolated waters. Your work is authorized by this NWP provided it is accomplished in strict accordance with the enclosed conditions. State NWlocaesanot relieve you of the responsibility to obtain, other requred This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Also, this verification will remain valid for the 2 years if, during that the NWP authorization is reissued without modification or the activity orris suspended authorizationre oked, oruisng complies with any WPauthorization moification of the 2 years, the he N with the terms and modified, such that the activity would no longer comply under conditions of the NWP, activities which have commenced (i.e., are con liance up wil construction) or are provided thetactivityCismcompletedewithin 12onmonthsthe thel remain authorized p date of the the NWP NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. -2- Questions or comments may be addressed to Mr. Richter, Wilmington Field office, Regulatory Branch, telephone (919) 251-4636. Sincerely, l iee RWri h egula cry Branch Enclosure Copies Furnished (without enclosure): Mr. Steve Benton North Carolina Department of Environment, Health and Natural Resources Post office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources post office Box 29535 - Raleigh, North Carolina 27626-0535 DEPARTMENT OF THE. ARMY , WILMINGTON OISTPA=, CORPS OF Eiji KEERS 5QJ P.O. $OX 1890 WILMINGTON. NORTH CAiiOU[YA 28402'1850 RELY 77D 4Tron7ONOF January 13, 1995 Regulatory Branch action I7 No. 199500846 and Nationwide Permit No. 26 (Headwaters and Isolated waters)-' Uwharrie Environmental, Incorporated J c/o Mr. Sill Hodges, P.E. i l :- ??, Hodges, Harbin, Newberry & Tribble. incorporated post office Box 974 ; Macon, Georgia 31201 Dear Mr. Hodges : ?. _ .. _ .._ . ._..... --_ Please reference your application dated October 31, 1994, for Department of the Army (DA) authorization to discharge fill material into 0.85 acre of jurisdictional wetlands located above the headwaters of Rocky Creek.CaThe site North - is located..off State Road 1137, near Troy, Montgomery County, For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Yederal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with t ;he c fditionz and provided you receive a Section 401 water qu - Y Division of Environmental Management (NCDEIM). You should contact Mr. John Darney, telephone (9i9) 733-1786,. regarding water qua_ity certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid for two year$_from the date of this letter unless the nationwide authorization is modi-fied, reissues: or revoked. This verification will remain valid for the two years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification. If during the two years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the tertas and conditions of trc nationwide permit, activities which have commenced or are under contract to commence, in reliance upon the nationwide permit, will is provided the activity is completed within twelve remain authorized. This months of the date of the nationwide permit's expiration, modification or revocation. Questions or comments may be addressed to Mr. Jeff Riclhter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, e wrigh Chie Regulat Branch Enclosure p4mo on 0 tMcYOw paves State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management J-mes B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Uwharrie Environmental, Inc. Route-'), Box 92-D Mount Gilead, N.C. 27306 Dear Sus: ?EHNR October 6, 1995 Montgomery County DEM Project # 951074 You have our approval to place fill material in 0.01 acres of wetlands or waters for the purpose of constructing a road to a landfill at Montgomery County landfill, as you described in your application dated 4 October 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2732. This certification allows you to use Nationwide Permit Number 14 when it is issued by the..Corps of Engineers. This action supplements a Certification under Nationwide Permit 26 issued on 13 7anuary 1995. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you. ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DEM Regional Office 'dr. John Domey Central Files Jerry McCrain; Environmental Services, Inc. Hal Newberry; Hodges, Harbin, Newberry & Tribble, Inc. r. P.E. OCT 1 31995 0 951074.1tr P.O. Box 29535, Raleigh, North Carolina 27626-4535 Telephone 919-733-7015 FAX 919-733-2496 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathar5 B. Howes, Secretary A. Preston Howard, Jr., P.E., Director ID FE F=1 January 25, 1995 Montgomery County DEM Project # 941045 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Uwharrie Environmental, Inc Route 2 Box 92D Mount Gilead, N.C. 27306 Dear Sirs: You have our approval to place fill material in 0.85 acres of wetlands or waters for the purpose of landfill construction at Montgomery County landfill, as you described in your application dated 21 November 1994. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification. Number 2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and'design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. Additional conditions are that 1) an undisturbed buffer of 100 feet shall be maintained along Rocky Creek and 2) no waste cells shall be within 200 feet of Rocky-,Creek., In addition, you should get any other federal, state or local permits before you-go ahead with.yuur project. If you do not accept any of the conditions of this certification;, you may ask for an adjudicatory hearing. You must act within 30 days of the date that you receive-this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorey at 919-733-1786. Sincerely, eston Howard, Jr. P L Attachment L cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DEM Regional Office Mr. John Domey Central Files t(J?? Z Jerry McCrain; Environmental Sciences, Inc 1 941045.1tr P._ O. Box 29535, Raleigh, North Carolina 27626-05.M Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper