20240833 Ver 1_Pre Application Documents_20240326

Haywood County White Oak Landfill Pre-Application Meeting
Date: March 26, 2024, 1:00 – 2:00 pm

Meeting Notes:

Attendees: Sue Homewood (DEQ-DWR – main reviewer for the 401), John Preston (Republic), Caitlin
Fagalde (USACE), Steve Slater (Republic), Brooke Davis - Asheville Regulatory Field Office (USACE),
Eric Jackson (HHNT), Matt Cheek (HHNT), Stoddard Pickrell (Republic), Lisa Mash (CEC), Christy
Mower (CEC), Andrea Leslie (NCWRC, lead biologist), Mitchell Anderson (USACE), Samantha Wooten
(DWR).

Invited not joined: Joey Winston (DEQ-DWR)

Notes:

Project/Operation Overview:
- Existing permit information (per Agenda)
o DEQ Solid Waste Mgt Facility - Permit No. 44-07 Permit to Construct/Operate, DOC ID
1810497
- HHNT provided a project overview:
o County owned landfill property encompasses 268 ac, 75 ac permitted for landfill activities,
75 ac is broken up into multiple phases, the first 5 phases have been constructed, when
those areas fill up, need additional space.
o Landfill is permitted to accept ~146,000 tons annually from a service area that includes 18
counties within western NC.
o For Phase 6 (proposed action), 16.2 ac of additional waste footprint will be added once
constructed, provide 3M cubic yards of additional waste disposal capacity (last ~10 yrs),
- USACE commented about the isolated segment of Stream 3.
o CEC will verify if connected by a culvert, but we recall it was and then ultimately
discharges into a ditch or the down valley wetland.
- USACE asked about proposed use and expansions and alternatives
o HHNT provided some background about larger proposed landfill area and ponds, that have
been reduced to avoid stream impacts

Future Expansions:
- NCWRC – asked about future phases beyond Phase 7
o Republic not aware of any future phases since they are geographically constrained, but the
decision would ultimately be up to the county. There are no plans to expand the landfill
currently.
- USACE – with including Phase 7 in this permit, they technically could include with reasonable and
foreseeable actions, but would still need to re-delineate area of Phase 7 since it won’t happen for at
least 10 yrs and delineation data is only valid for 5-years.

Mitigation:
- Projected Impacts & Mitigation Summary (per Agenda)
o Approx. 1,560.8 LF of stream impacts
o Approx. 26,673.21 SF (0.612 acres) of wetland impacts
 2:1 Impact Ratio = 3,121.6 LF (stream); 1.224 AC (wetland)

Haywood County White Oak Landfill Pre-Application Meeting
CEC Project 340-838
Page 2
Date: March 26, 2024, 1:00 – 2:00 pm

- CEC review of mitigation options:
o CEC presented an overview of the service area in relation to the state indicating the
operation is in the French Broad Service Area/HUC
o No approved (only one terminated) banks and 3 DMS/ILF sites that were developed and
used for DOT projects
o CEC acknowledged Republic could technically pay into the DMS/ILF as one mitigation
solution, however there would be temporal loss being DMS would still need to find a site,
which it extremely difficult in the French Broach Service Area due to cost of land and it
being in the mountainous region of NC
o CEC presented a possible Turnkey-PRM approach to mitigation in an effort to reduce
temporal losses and comply with Section 404 No Net Loss regulations. CEC has reached
out to approved mitigation bankers in the site through a Request for Proposal process and
received two outstanding sites within 5-miles of the operation to use for mitigation.
 Advantages include:
• Reduce temporal losses since a site is already identified and allow for
mitigation to occur concurrently with operation impacts
• Reduce risks of success by working directly with a mitigation banker to
develop, operation, and monitor the mitigation site rather than Republic
o The Turnkey-PRM site would be submitted within the Individual Permit for concurrent
review the operation
- USACE – Indicated there was at least one bank nearing the end of the permitting process and may
have credits available.
o CEC was not aware of any from reaching out to the bankers, but would be interested in
learning more if there are; however, from their understanding sufficient credits to meet the
operation needs would not be released in time for permit approval.
- USACE – indicating they can’t approve a mitigation option until Republic submits a project
operation permit to evaluate first being it would be too pre-decisional pursuant to NEPA processes.
o They would not consider evaluating a PJD to start the permit process and evaluate impacts
for potential mitigation solutions – indicated they need a complete application with a
detailed mitigation plan that would be sent out for Public Notice.
o Concerned with Republic signing a mitigation contract before the USACE approve
proposed operation
o May need a larger then 2:1 ratio
o CEC indicated this process is being done in the Wilmington USACE District that we are
working on with David Bailey (USACE) and Sue Homewood (DEQ) and recommended
setting up a meeting to gain additional insight on the process since it has been done before,
with support from Wilmington’s Chief, Samantha Dailey
- DWR – regarding PRM, all parties acknowledge that it is not faster in permitting process than
banks or ILF (tend to underestimate the lead up time for this type of approach), but faster to provide
mitigation credits in a turnkey-option like this once approved vs. developing a new mitigation bank,
which would have release schedules.
o If you submit a permit application proposing PRM, a complete detailed draft mitigation
plan (suggest prelim site visit first to get all agencies on board), 30 days to get comments
on the draft plan, then submit final draft to DWR to start another 30-day clock –
recommend starting this process prior to submittal of the operation permit to move the
mitigation review process along faster. Indicated, however, that DWR coordinators are
booked a few months out and we would need to get something on the calendar to start that
process.
Haywood County White Oak Landfill Pre-Application Meeting
CEC Project 340-838
Page 3
Date: March 26, 2024, 1:00 – 2:00 pm

Action Items:
- USACE (Brooke) to follow up with David Bailey on the proposed IP w/detailed PRM Mitigation
Plan approach for this operation being it has been done before.
- CEC to set up a separate meeting with the USACE to discuss permitting next steps.
- CEC will follow-up with the USACE on potential mitigation banks that may have upcoming credit
releases.