2002_ROSCANS_1994

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Nann B. Guthrie, Regional Manager
Asheville Regional Office
February 2, 1993
MEMORANDUM
TO: Bill Sessoms
Division of Solid Waste
THROUGH: Forrest R. West
Division of Envir al Management
FROM: Kerry S. Becker
Water Quality Section
SUBJECT: Cherokee County Regional Landfill Comments
U.S. Hwy 64 Site
Based on the described management and construction practices to be
used, no impact to water quality is anticipated with respect to
proposed site located adjacent to the current Cherokee landfill and
U.S. Hwy 64 Bypass. As proposed, the leachate will be c6llected and
pumped to the Town of Andrew's wastewater treatment facility. This
facility is permitted for a maximum monthly average flow of 1.5 MGD
with current monthly average flows of 0.65 MGD. The Town has adequate
capacity to accept the landfill leachate, however, you should be aware
that the Town's wastewater treatment plant and collection system has
and is currently experiencing problems. Some of the problems relate to
staffing, i.e., inadequate operation and maintenance of the facility,
insufficient pumping capability at pump stations, and excessive
infiltration/inflow. The Division is working with the Town to correct
these problems.
A structure for holding and pretreating the leachate prior to
discharge to the Town's wastewater treatment plant should be
constructed to prevent any impact upon the Town's plant. I am
uncertain as to the capacity of the OMC pump station to which the
leachate will be pumped before being delivered to the wastewater
treatment facility. This should be evaluated and modifications made as
necessary. Plans and specifications for Division review and issuance
of a non -discharge permit will be required for the sewer line, pump
station, and pretreatment facilities before construction is begun.
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 Telephone [phone] FAX [phone]
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PageTwo
Bill Sessoms
February 2, 1994
The Valley River is a Class C Trout stream and Hyatt Creek is
Class C. The unnamed stream located within the proposed landfill site
retains the same classification as the Valley River, to which it is
tributary: N`CAC--2i a26b— -requires setbacks of50 feet . fromthese
streams. Any streams or springs contaminated by leachate will be
required to be treated. Care should thus be taken to ensure that the
leachate does not reach these waters.
The terrain of the landfill is somewhat steep in places.
Waste disposed of in these areas could become dislodged making its way
into state waters if the cells are constructed in such a manner as to
be unstable or if the solid waste is not properly covered. The first
possibility should be addressed in the planning stage of the landfill,
and the second, of course, will be an operational matter.
Provided that the points made here are taken in consideration,
Water Quality staff in the Asheville Regional Office believes this site
can be successfully used for solid waste disposal. If you have any
questions concerning these comments, please let me know.

FPON EHNR. ARO
01.21.1994 11:14 F. 1
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DIVISION OF ENVIRONMENTAL MANAGEMENT
ASHEVILLE REGIONAL OFFICE
GROUNDWATER SECTION
January 21, 1994
=QRMDUM
TO: Bill Sessoms
Cherokee County Task Force Coordinator
FROM: Donald R. Link, Regional Groundwater Supervisor Z�J
Asheville Regional Office
SUBJECT: Cherokee County Landfill site
Task Force Evaluation
On January 13, 1994, Fred Hankinson and I, representing the Groundwater
Section, toured the proposed Cherokee County landfill site with the task
force. It is our opinion after visiting the site from a groundwater impact
viewpoint, that this site deserves further consideration. We look forward to
review of the actual site assessment report in the future.
DRL/gc

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
Nann B. Guthrie, Regional Manager
February 2, 1994
Mr. Bill Sessoms
Division of Solid Waste Management
401 Oberlin Road
Suite 150
Raleigh, North Carolina 27605
r�
Dear Mr. Sessoms:
L.,3 i
Cherokee County Landfill Site
Task Force Evaluation
I participated in the meeting and the visit to the proposed Cherokee County
Landfill Site on January 13, 1993 as a representative of the Division of
Enviro•unental Health, Public Water Supply Section.
We have no comments to offer at this time relative to impact on Public Water
Supply Systems in the area, however, we would like the opportunity to review design,
site and geologic data as it becomes available.
We look forward to hearing from you as the site selection and evaluation
process proceeds.
Sincerely,
Charles A. Slagle, �.G.
Hydrogeologist
CAS/bbr
cc: Rick Durham
W. E. Venrick
Harold Saylor
Moore Wings -Third Floor, Black Mountain Center - Old U.S. Highway 70, West,
Black Moue ;ain, North Carolina 28711 - State Courier 08-84-06 - Telephone [phone] - FAX [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Solid Waste Management
James B. Hunt, Jr., Governor p E H N I� Jonathan B. Howes, Secretary
William L. Meyer, Director
MEMORANDUM
TO: Bill Sessoms
FROM: Bobby Lutfy 9,
RE: Landfill Siting Task Force, Cherokee County
The primary concern of the Solid Waste Section in the hydrogeologic
evaluation of a potential landfill site is to determine if the site
has a well defined ground -water flow direction and rate and an on -
site ground -water discharge point. These site characteristics
enable the ability to reasonably predict ground -water flow so that
an effective ground -water monitoring system can be designed.
It is of critical importance that the landfill owner/operator be
able to control the property from a waste disposal area to the
ground -water discharge point. Then, should there be a release of
hazardous constituents at the site, no drinking water wells would
be in the path of the contaminated ground water as it migrates
toward the stream serving as the discharge point. The contaminant
plume could be contained naturally, reducing any potential threat
to the public health.
Based on the existing information provided and visual observations
made during the landfill siting task force site visit, this site
appears to deserve further consideration for possible use as a
solid waste management facility. Drainage for most of the proposed
site is toward the Valley River, so it is assumed based on
topography that most of the ground -water flow at the site would be
toward the Valley River, which would serve as the primary discharge
feature.
It appears that with the Valley River serving as the discharge
point along the south property boundary and with the two
tributaries forming the east and west property boundaries and the
ridge line on the north side of the property, that there is
relatively good hydrologic control for the proposed site. Solid
waste disposal activities should be limited to areas south of the
ridge line in order to maintain this hydrologic control and also to
provide a visual buffer from the highway to the north of the site.
P.O. Box 27687, Ra;eigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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Page 2
The major concern expressed by the Water Quality Section and the
Wildlife Resources Commission seems to be potential impact on
stream water quality and fishery resources. With proper buffers,
engineering controls, and operational procedures, stream water
quality can be protected. Since a 300 foot buffer is required from
property boundaries and waste disposal is not permitted in
f loodplains, there should be a fairly extensive buffer area to
protect the_VVal_le_y Riv_e.r-which is the southern pr9per_t-y boundary.
In order to protect the Valley River as Class C Trout Waters, a 300
foot buffer should be maintained along the entire course of the
river.
Since the existing unlined landfill has not shown any significant
impact upon the water quality of the Valley River, it is unlikely
that the proposed high-tech landfill would have any significant
impact. A 300 foot buffer would also be required along the two
tributary streams that form the east and west property boundaries.
A minimum buffer of 50 feet is required for all streams so this
will provide some protection of the smaller tributary in the
central part of the site. With proper erosion control this buffer
maybe sufficient, but additional buffer could be considered if the
this was felt necessary to protect the Class C Trout Stream status
of the tributary.
Summary: A final determination can not be made on site suitability
until additional hydrogeologic investigation has been completed.
However, based on the information available at this time, the
proposed Cherokee County landfill site appears to have some
desirable characteristics that would indicate additional
consideration of the proposed site is worthwhile.

Jq N
1 .r
s
January 19, 1994
MEMO TO: Bill Sessoms
Solid Waste Section
FROM: Jim Patterson
Waste Management Specialist
SUBJECT: Cherokee Co. Landfill Site Task Force Evaluation
My evaluation of the West Property located off of Highway 19-129/74 in the Marble
Section of Cherokee County as a potential solid waste disposal facility is as follows:
Site location - This property is located at a good central location to serve Cherokee,
Clay, and Graham Counties.
Site access - Property is located adjacent to Highway 19-129/74 which is a four -lane
highway and access into the property should be relatively easy. Roads could be
developed with minimal slopes.
Buffers - The property is bordered by the Valley River on its southern boundary, by
Highway 19-129/74 on its northern boundary, by a small stream on its western
boundary, and by private property on its eastern boundary. Since the Valley River is
the southern property boundary and is most likely the discharge area for the
groundwater from the property, a 300 ft. buffer from the disposal area to the River
would be created, thus establishing an area for monitoring and remediation if needed.
Topography - The property is, for the most part, located on a hillside with a small
amount of property lying in the floodplain alongside the Valley River. The slopes of
the hillside are relatively gentle and should cause no development or construction
problems.
Proximity to residences - Five homes are located to the south of the property,
probably at least 1000 ft. away on the opposite side of the Valley River and in an
entirely different drainage feature. The only impact the location of a landfill on this
property would pose to these homes would be visual (the houses could see the landfill
operation).

MEMO: Bill Sessoms
January 19, 1994
Page 2
Site development - A landfill could be developed on the property so that it would not
be visible from Highway 19-129/74.
Proximity to ai- The property is located only 11,000 ft. from the Cherokee
County Airport and any extension of the runway of over 1,000 ft. in the direction of
the_West-proper-Gy would place -the -airport -closer_ to- the -proposed -landfill -site than the
N. C. Solid Waste Rules specify, which is 10,000 ft. for jet aircraft.
Proximity to sewer system - The landfill site is located only about 1,000 ft. from the
Town of Andrews' sewer line at the OMC Plant. This would provide an easy means
of dealing with leachate generated at the landfill site.
In conclusion, in my opinion this site has enough good points to merit further
consideration as a solid waste disposal facility.
cc: Julian Foscue

State of North Carolina IF
Department of Environment,
Health and Natural ResourcesAMA / • •
Division of Forest Resources
James B. Hunt, Jr., Governor 1
Jonathan B. Howes, Secretary E \ v
Stanford M, Adams, Director
Griffiths Forestry Center
2411 Old US 70 West j a2, G
January 19, 1994 \
MEMORANDUM
TO: Bill Sessoms, Division of Solid Waste Management
FROM: Don H. Robbins, Staff Forester�„f1�
SUBJECT: Forestry Evaluation of the Proposed Cherokee County
Landfill Site
Due to other commitments, I was not able to attend the site visit
on January 13, 1994. However, the following District Nine
Division of Forest Resources employees attended the meeting and I
obtained input from them.
1.Service Forester Mike Shealy
2.Cherokee County Ranger Mike Mauney
3.Cherokee Assistant County Ranger Henry Wilson
The following is their input concerning forestry impacts:
"At the meeting we were informed that there was only
one proposed site. The total area for the site
should be approx. 79 acres with the actual fill area
being approx. 25-30 acres. We were informed that
there was only one landowner involved and he also
owned the land where the previous land fill was
located. We were then informed that our comments
should only be within our area of expertise or
relating to areas within our regulatory authority.
Later that day we visited the site. Upon the
inspection we (the N.C.F.S.) determined that there
was little timber value on the area. The site
contained fields and low quality mixed hardwoods with
some scattered pines; therefore, we did not feel that
the site would adversely effect the present timber
production potential of the area."
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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Mr. Bill Sessoms
Page 2
January 19, 1994
During any construction phase or land clearing, the contractor
should make note of the followina:
1. Attempt,if possible, to salvage any pulpwood or sawtimber
size trees that have to be cut to permit construction.
2. Attempt to prevent erosion, sedimentation and construction
damage to forest land outside construction limits. Trees
outside the construction limits should be protected from
construction activities to avoid:
a. Skinning of tree trunks by machinery.
b. Soil compaction and root exposure or injury by heavy
equipment.
C. Adding layers of fill dirt over the root systems of
trees, a practice that impairs root aeration.
d. Accidental spilling of petroleum products or other
damaging substances over the root systems of trees.
3. Be concerned about fire protection. If any burning of
debris is to be accomplished, the contractor will have to
secure an open burning permit. We have previously
recommended that the contractor attempt to salvage
merchantable trees for pulpwood, and sawtimber that have to
be cut to permit construction. This will reduce the amount
of debris that has to be burned.
Once the burning permit is issued, the contractor would have
to take necessary precautions to keep the fire contained and
not allowed to escape to surrounding woodland. To ensure
that a fire would not escape, the contractor would need to
do the following:
a. Maintain a sufficient amount of exposed mineral soil
around each burning pile. This would be a fire break.
b. Have a competent fire watchman present during burning
operations.
C. Ensure that all machine use and equipment are working
properly with correct exhaust systems that are not
going to start any fires.
d. Workmen need to be careful with any warming fires
during the winter months.
e. Burn in such a way so as not to cause a smoke
management problem.

Mr. Bill Sessoms
Page 3
January 19, 1994
If you desire any more information, then please contact me. Our
District Nine personnel above have indicated that this proposed
land fill site will not cause a significant impact from a
forestry standpoint.
901
pc: Warren Boyette - CO
District Forester Gerald McCall - D9
Staff Forester Mike Shealy - D9
Cherokee County Ranger Mike Mauney
File

® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: William Sessoms, Cherokee County Task Force
Coordinator, Solid Waste Section FROM: Joffrey Brooks, District 9 Wildlife infts7rpl_�
DATE: January 14, 1994
SUBJECT: Cherokee County Landfill Site Evaluation
As a biologist on the N.C. Wildlife Resources Commission
staff, I have reviewed the proposed site for the new
Cherokee County landfill and attended the project review
meeting on January 13, 1994. The site was inspected with
other members of the task force on the same date and I am
familiar with the wildlife habitat values of the project
area. The following comments are forwarded to you in
response to the request in your memo of December 21, 1993 to
Dennis Stewart, Habitat Conservation Program Manager for the
N.C. Wildlife Resources Commission.
The landfill site will be used as a regional landfill for
the counties of Cherokee, Clay,and Graham. Garbage will be
placed in the landfill in accordance with regulations and
procedures of the Division of Solid Waste. The property is
presently in pasture and woodland and portions of the land
have been used in the past to obtain fill dirt.
'the major concern of the N.C. Wildlife Resources Commission
in the location of this landfill would be to protect the
fishery resources of the Valley River which borders the
project site. The Valley River is designated by the NCWRC
as hatchery -supported trout waters and is regularly stocked
with trout during appropriate periods for recreational trout
fishing. Preventing siltation of the stream and protecting
water quality would be major concerns from a
wildlife/fisheries perspective. Based upon observations at t
the site, we would recommend at least a 100 foot buffer of
undisturbed land (natural vegetation) between the streams on
the property and any land disturbance. We would also
recommend immediate remedies for any obvious erosion
problems which occur due to heavy rains or flooding
conditions. Permanent seeding of access roads immediately
after construction and temporary seeding (annual rye etc.)
of any disturbed land or overburden storage areas which
would remain in place for extended periods are also
recommended to aid in controlling erosion from the site.

Any landfill in Western North Carolina also has the
potential to attract black bears and/or other wildlife which
may feed on garbage. Bear harvests by hunters are annually
recorded from the nearby watersheds of Parsons Branch and
Vengeance Creek. Although this landfill site is located in
bear habitat, it is some distance from any bear sanctuaries
or major concentrations of bear numbers and any problems or
adverse effects on bear populations are unlikely. It still
Mould be of extreme importance to cover all garbage as soon
as possible to prevent attracting occas onal bears which
pass through the area or to prevent concentrations of
scavengers such as crows, vultures, or blackbirds.
Thank you for the opportunity to review this project and to
make comments. if you need to discuss these comments or if
you need additional information, please call me at 704-452-
0245 or contact Stephanie Goudreau, Habitat. Conservation
Biologist at 704-652-4257.
cc: Stephanie Goudreau, Habitat Conservation Biologist
Micky Clemmons, District 9 Fishery Biologist

North Carolina Department of Cultural
James B. Hunt, Jr., Governor
Betty Ray McCain, Secretary
January 19, 1994
MEMORANDUM
TO: Bill Sessoms
Solid Waste Section
Division of Solid Waste Management
DEHNR
FROM: David Brook /
Deputy State Lisrc/ reservation Officer
SUBJECT: Cherokee County Landfill Site,
ER 94-8010
Division of Archives and History
William S. Price, Jr., Director
David Moore, staff archaeologist at the Western Office of the Division of Archives
and History, attended the meeting of the Cherokee County Task Force on January
13, 1994. Based on Mr. Moore's site visit and evaluation, we offer the following
comments.
We have conducted a review of the project and are aware of no properties of
architectural, historic, or archaeological significance which would be affected by
the project. Therefore, we have no comment on the project as currently proposed.
We note that the floodplain areas of the proposed property are areas of potentially
significant archaeological resources. If any construction activities are planned in
the floodplain areas we request the opportunity to review the plans at the earliest
opportunity.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act of 1966 and the Advisory Council on Historic Preservation's
Regulations for Compliance with Section 106, codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill -Earley,
environmental review coordinator, at 919/733-4763.
DB:slw
109 East Jones Street • Raleigh, North Carolina 27601-2807

State of North Carolina
\D�yPSTE SF�l
Department of Environm
Health and Natural Reso
Yves
Division of Parks & Recreatio
N ,--_
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Dr, Philip K. McKnelly, Director
January 5, 1993
Memorandum
To: Bill Sessoms
Cherokee County Task Force Coordinator
Solid Waste Section
From: Inge Smith S='
Information Specialist
NC Natural Heritage Program
Re: Proposed Cherokee County Landfill
Linda Pearsall referred to me your memo regarding the Cherokee
County Landfill Site Task Force Evaluation. I have reviewed the
project site map and have found one record of a rare species having
been found near the project site. This record is of a population
of columbo (Frasera caroliniensis), a Significantly Rare plant in
North Carolina. This plant population was found in 1979 in
deciduous woods near Moss Cemetery just north of the landfill site.
No other known populations of rare plants or animals, significant
natural areas, or high quality natural communities occur in the
project site or within a 2 mile radius of the project site.
However, this project area has not been systematically inventoried
and we cannot definitively state that rare species or significant
natural areas do not occur there.
Enclosed is a list of the rare species that are known to occur in
Cherokee County. If suitable habitat for any of these species
occurs in the project area, then those species may be present at
the project site. If it is necessary to be certain that this site
does not contain rare species, a field survey would need to be
conducted.
Please contact me at [phone] if you have any questions or
need further information.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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TRI-COUNTY SOLID WASTE MANAGCMCHT AUTHORITY
115 Peachtree Street • Suite 103
Murphy, N.C. 28906
[phone]
CHEROKEE
March 16, 1994
Mr. James C. Coffey
Dept. of Environment, Health, & Natural Resources
Div. of Solid Waste Mgmt., Permitting Branch
P.O. Box 27687
Raleigh, NC 27611-7687
Re: Cherokee County Landfill Siting Project
Dear Mr. Coffey:
The Tri-County Solid Waste Management Authority has received the
results of the Solid Waste Task Force evaluation of the proposed
site for the New Cherokee County Landfill. Due to the fact that
the evaluation experienced a delay, the Authority will not be able
to meet the April 9, 1994 deadline for submission of our site
application. An extension of the April 9 date is thus requested.
Municipal Engineering is in the process of performing site analysis
work required for submission of the site application.
our plans are to investigate the feasibility of siting an LCID
disposal facility as part of the new site, or possibly on the
current landfill property since the two properties border each
other. We have also investigated the possibility of transporting
the counties' solid waste to private landfills outside the state,
but have rejected this option, at least for the present.
Please contact me should you have any questions concerning this
request.
Sincerely,
Pau ordan
Director, Tri-County Solid Waste Authority
cc: Dexter Matthews
Bill Sessoms
Julian Foscue
Jim Patterson
Municipal Engineering
® Printed on Recycled Paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L, Meyer, Director
March 21, 1994
Paul Jordan
Director
Tri-County Solid Waste Management Authority
115 Peachtree Street
Suite 103
Murphy, North Carolina
Re: Proposed Cherokee County MSWLF Landfill
Mr. Jordan:
The Solid Waste Section has received your request for a modification to the schedule for
submitting applications and documentation to the Section for the above referenced facility.
The Section concurs that it is more desirable to have a submission schedule that facilitates
the submission of credible and substantially complete applications.
Please submit a proposed revised schedule that addresses dates for the following milestone
events. The Section requests that the revised schedule be submitted on or before April 9,
1994.
• Submission of a site study in accordance with 15A NCAC 13B .1618. Please note that
up to 180 days should be allowed for review of a complete submission.
• Submission of a permit for a new facility in accordance with 15A NCAC 13B
.1 617(a)(1). Please note that up to 180 days should be allowed for review of a
complete submission.
• Commencement of construction, if permitted, of a new Subtitle "D" landfill and facility.
• Completion of construction of a minimum of a first cell of the new landfill.
• Submission of construction quality assurance/control documentation for a permit to
operate. Please note that up to 30 days should be allowed for review of a complete
submission. Review and approval must be completed prior to commencement of
operations.
The revised schedule must meet the October 9, 1996 date contained in the Solid Waste
Section's letter of September 21, 1993 for closure of the existing Cherokee County Landfill,
Permit Number 20-01 . In the event that a new lined facility is not constructed and permitted
to operate on this date, the Tri-County Authority must have contingency arrangements to
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

disposed of municipal solid waste in a lined facility in North Carolina or other facility out of
state.
The above review times are Section estimates based upon current and projected workloads.
Review times may vary according to the actual workloads and available staff. It is suggested
that the Tri-County Authority submit all relevant applications and information as expediently
as possible to avoid delays.
If you have any questions or if we can provide any assistance, please do not hesitate to
contact me at (91 9) 733-0692 or Jim Patterson at [phone].
Thank you,
William D. Sessoms, PE
copy: Jim Coffey - DSWM
Jim Patterson - DSWM
C:\SESSOMS\PROJECTS\CHEROKEE\SITE\LETTER.1

9y TRI-COUNTY SOLID WASTE MANAGEMCNT AUTHORITY
9; 115 Peachtree Street Suite 103
Murphy, N.C. 28906
[phone]
CHEROKEE
March 31, 1994
William D. Sessoms, PE
Dept. of Environment, Health, and Natural Resources
Solid Waste Section
PO Box 27687
Raleigh, NC 27611-7687
RE: Proposed Cherokee County MSWLF Landfill
Mr. Sessoms:
The following dates are submitted as a revised schedule for
milestone events associated with the above referenced landfill
project:
7-31-94 Site study submitted
3-31-95 Submission of permit (this date includes the 180
days for review of site study)
10-1-95 Commencement of construction (includes 180 days for
permit review)
7-31-96 Completion of construction of first cell
B-31-96 Submission of quality assurance/control
documentation
9-30-96 Commence operations subject to review and approval
The Tri-County Authority is moving forward with plans to conduct
the required public hearing on the project within the next thirty
to forty-five days.
We appreciate the assistance of the Solid Waste Section with this
project. Please contact me should you require additional
information.
Sincerely,()
Pau ordan, Director
cc: Jim Coffey - DSWM
Jim Patterson - DSWM
0) Printed on Recycled Paper

State of North C(-,,)lina
Department of E. . ironment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
April 25, 1994
Paul Jordan
Director
Tri-County Solid Waste Management Authority
115 Peachtree Street
Suite 103
Murphy, North Carolina 28906
Re: Proposed Tri-County MSWLF
Mr. Jordan:
APR. 2 r 09
[D FE 1
The Solid Waste Section has reviewed your request for a modification to the schedule for
submitting applications and construction of the above referenced facility. The Section concurs
that it is more desirable to have a schedule that facilitates the submission of credible and
substantially complete applications. The Section is therefore agreeable to the schedule
proposed in your letter of March 31, 1994 with the exception that the site study will be due
on or before October 9, 1994.
Failure to submit a complete site study by October 9, 1994 will result in the immediate
revocation of our approval of September 21, 1993 granting an expanded service area to
Cherokee County. In addition, other compliance action may be imposed and penalties
assessed in accordance with North Carolina General Statute 130A-23.
It is imperative that Cherokee County complete construction and begin operation of a lined
facility on or before October 9, 1996. Failure to comply with this date may result in revocation
of the expanded service area as well as other compliance action.
If you have any questions or require any other assistance, please do not hesitate to contact
this office at (91 9) 733-0692.
Thank you,
aAm'u- CC -
James C. Coffey
Supervisor
Permitting Branch
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

TO:
DATE: t '�-I q
SUBJECT: uG �GIt f�
L f ipve, ?7-d ^4e, Cojni„�1 oA�
�OJ►Ct't'h/�y
(J
11ri »�-e�r5o
North Carolina Department of Environment,
. Ai • Health, and Natural Resources

State of North Carolina
Department of Environment, F�A
Health and Natural Resources 4 •
Division of Solid Waste Management
James B. Hunt, Governor y ® C � F1
Jonathan B. Howes, Secretor
William L. Meyer, Director
Imagean V. Adams
Post Office Box 189
Andrews, North Carolina 28901
Re: Proposed Tri-County MSWLF
Ms. Adams:
Thank you for your recent fax to Mr. Bill Meyer concerning the Proposed Tri-
County Solid Waste Management Authority (Tri-County Authority) Landfill.
The North Carolina Division of Solid Waste Management, Solid Waste Section
(Section) is responsible for reviewing applications for landfill construction. The
approval process takes place in three stages. The first stage involves review of a site
study, prepared by the applicant, for general approval of a site. If a site is approved for
location of a landfill, the applicant then submits a construction permit application
consisting of the engineering drawings and plans for the actual construction of the
facility. Upon completion of construction, results of tests and measurements
conducted during construction are reviewed to insure that the landfill has been
constructed according to State and Federal requirements. Following this review, a
permit to operate is issued.
The Tri-County Authority submitted the site study for the proposed landfill to
the Section in July of this year. The Section is currently reviewing the site study and
anticipates issuing an initial technical review letter by the end of October or early
November. A copy of the site study is available for inspection at the Murphy Public
Library on Blumenthal Street.
There are a number of requirements that must be addressed in the site study
phase of permitting. Enclosed is a copy of the North Carolina Solid Waste Management
Rules, 15A NCAC 13B, which details the requirements of the Section. The specific
rules which govern the permitting of a Municipal Solid Waste landfill can be found in
section .1600 beginning on page 73.
The Section does not receive specific cost estimates for constructing and
operating landfills from applicants. In general, however, a "ballpark" figure for
constructing a lined composite liner landfill is approximately $250,000.00 per cell
PD. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

acre. You may wish to contact the Tri-County Authority for their cost estimates for
this specific facility.
Should you have any other questions or if the Section can provide any other
information, please feel free to contact this office at [phone] or the Regional
Waste Management Specialist, Mr. Jim Patterson at [phone].
Thank you,
William D. Sessoms, PE
enclosure
copy: Bill Meyer - DSWM
Jim Patterson - DSWM
CASESSOMS\PROJECTS\CHEROKEEIETTER.4

5060
ptahh�Ra"
West End Plaza Msln Stest
204 Hwy 64 West P.O. Box 189 P.0.9ox 317
Murpny, NC 29906 Anarews, NC 28901 Robbins+Mlle, NC 26771
Phone:[phone] Phone: [phone] Phone: 704IA79.6189
her d
y S FaX:7t]4-321-5297
+
�( \3 � e � � c
r V� L u
CUM ENT TRANSMITTAL
TO: Mr. Bill Meyer, Director DATE: 10/3/94
Division of Solid Waste Management
FAX#: '19-715-360 PAGES: 2
FAX #: [phone]_.._ _ TELEPHONE# [phone]
COMMENTS:
Please advise us as soon as possible at 1-800-438-8621
of any transmission problems.
APPRAISALS . HOMES. FARMS. LOT. COTTAGES. ACREAGE. COMMERCIAL
"WE BUILD LUG HOMES"

PO Box 189
Andrews, NC 28901
October 3, 1994
Mr. Bill Meyer, Director
Division of solid Waste Management
NC Dept. of Environment, Health & Natural Resources
512 Forth Salisbury Street
Raleigh, Nc 27604
Dear Mr. Meyer:
As a member of a group of concerned citizens opposed to the
location of the proposed landfill for Cherokee County, I would
like to have the following information:
1. The approximate costs of preparing and operating such
a landfill that would serve Cherokee, Clay & Graham Counties.
2. A schedule of events that must take place prior to final
approval of this site.
3. At what point in this schedule is Cherokee County.
If I could have this information by Wednesday, October 5,
1994, it would be greatly appreciated. Please fax it to 704-321-5297.
Thank you for your kind consideration in this matter.
Si erely,
Imagean V. Adams

State of North Ct Mina 'T
Department of Environment, LT"'
Health and Natural Resources • •
Division of Solid Waste Management
James B. Hunt, Jr„ Governor � C
Jonathan B. Howes, Secretary C
William L. Meyer, Director
November 9, 1994
Robert E. Heaton
Post Office Box C1220
Andrews, North Carolina 28901
Mr. Heaton:
Thank you for your letter concerning the proposed Tri-County Solid Waste Management
Authority (Tri-County Authority) Landfill.
The North Carolina Division of Solid Waste Management, Solid Waste Section (Section) is
responsible for reviewing applications for landfill construction. The approval process takes
place in three stages. The first stage involves review of a site study, prepared by the applicant,
for general approval of a site. If a site is approved for location of a landfill, the applicant then
submits a construction permit application consisting of the engineering drawings and plans for
the actual construction of the facility. Upon completion of construction, results of tests and
measurements conducted during construction are reviewed to insure that the landfill has been
constructed according to State and Federal requirements. Following this review, a permit to
operate is issued.
The Tri-County Authority submitted the site study for the proposed landfill to the Section in
July of this year. The Section is currently reviewing the site study and anticipates issuing an
initial technical review letter in the very near future. A copy of the site study is available for
inspection at the Murphy Public Library on Blumenthal Street.
There are a number of requirements that must be addressed during the approval and permitting
process for proposed landfills. The majority of the requirements are directed toward
environmental and public health protection. As such, the Section's review is conducted under
applicable law and regulation.
One of the points in your letter was regarding the proximity of the proposed landfill to the
Andrews airport. New landfill units are prohibited from being located within 10,000 feet from
a pubic airport that accommodates turbine powered aircraft. In addition, there are operational
requirements intended to minimize attraction of birds and other wildlife. The North Carolina
Department of Transportation, Division of Aviation, and the Section have investigated the
recent reports of bird strikes and are in the process of informing the current landfill operators
of steps that must be taken to minimize this hazard. These operational requirements will be
carried over in the operation of any new landfill.
In your letter you indicated that the purchase price for the landfill may have been inflated. The
Section does not receive specific cost estimates and does not regulate expenditures for
P.O, Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX 919-71&3605
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

constructing and operating landfills. These economic decisions must be made by the local
community. In general, however, a "ballpark" figure for constructing a composite liner landfill
is approximately $250,000.00 per cell acre. You may wish to contact the Tri-County Authority
for their cost estimates for this specific facility.
Your letter also expressed concern about the visual impacts that may result from the proposed
location. At this time, there are no specific laws or regulations concerning the sitting of a
landfill with regards to visual impacts on neighbors. The Section does, however, understand
these concerns and we actively encourage the minimizing of visu�al impacts of new facilities
through the use of natural buffers and screening efforts. The extent to which such measures
are employed is essentially a local decision. We recommend that you contact the Tri-County
Authority with these concerns.
Again, thank you for your inquiry. Should you have any other questions or if the Section can
provide any other information, please feel free to contact this office at [phone] or the
Regional Waste Management Specialist, Mr. Jim Patterson at [phone].
Thank you,
L-LD
William D. Sessoms, PE
copy: Jim Patterson - DSWM
CASESS OMS\PROJECTS\CH ERO KEE\LETTER.7

October 31, 1994
Mr. Bill Sessoms
P.O. Box 27687
Raleigh, N.C. 27611-7687
Dear Mr. Sessoms:
We have just been informed of a proposed move by Chero-
kee County to acquire and operate as a landfill a tract of
78 acres just off the Eastern perimeter of Marble to serve
not only Cherokee but Graham and Clay counties as well.
May I introduce myself as heavily involved in civic inter-
ets most of my business career. A former mayor, presi-
dent of the Chamber of Commerce, bank director,charter mem-
ber of District Memorial Hospital, etc. -the usual things any
constantly -involved civic -minded citizen falls heir to.
Now semi -retired, my wife and I are engaged in developing
real estate in t�is valley, which has Andrews on the East
end and Marble in the West. We developed a 40-acre ridge -
top tract on the South bank of Valley River, the river be-
ing the dividing linE between our tract and the proposed
site to the North.
This seven -mile long valley is known as the most beautiful
in Southwestern North Carolina, and is so designated by
critics more 'Knowledgeable than we. Owners of homes on the
_ridge tops in our development look down across the river
directly into t-gis acreage. A storm of protest has sprung
up, and rightly so. A land fill would have immediate and
adverse effect upon property values.
The whole area around this proposed land fill is primarily
residential, includ'._ng a number of upscale domes, and it is
inconceivable to us that any group would select for landfill
use a site right in the middle of residences in a beautiful
valley, a site to defile the valley for years to come. This
county has plenty of land better suited to this type of un-
desireable neighbor that has been poorly researched, if at
all, and it is 'Hard to believe that the proposed site has
the only willing seller in the county at an inflated price.

Our valley is also home to the only airport in the South-
western part of the state that will accommodate virtually
any size executive jet aircraft, and they use is almost
every day. At present it is disconcerting to see over a
dozen buzzards circling over the old land fill, soon to be
discontinued, and to know that they would only move across
the river to the new site, only a little over a mile from
the airport.
It is reported that two airplanes have hit birds in recent
years, resulting in structural damage. It would not be dif-
ficult to imagine the result from one of these birds being
ingested into a jet engine.
Your earnest consideration of our objections to the propo-
sed site would be greatly appreciated, as well as any assis-
tance that you might afford us.
Sincerely,
Robert E. Heaton
F.G. Box C1220
Andrews, NC 28901

State of North Cc Ina `
Department of Environment,
Health and Natural Resources &4 •
Division of Solid Waste Management
James B. Hunt, Governor ID � H N
Jonathan B. Howes, Secretary
William L, Meyer, Director
November 9, 1994
Robert E. Heaton
Post Office Box C1220
Andrews, North Carolina 28901
Mr. Heaton:
Thank you for your letter concerning the proposed Tri-County Solid Waste Management
Authority (Tri-County Authority) Landfill.
The North Carolina Division of Solid Waste Management, Solid Waste Section (Section) is
responsible for reviewing applications for landfill construction. The approval process takes
place in three stages. The first stage involves review of a site study, prepared by the applicant,
for general approval of a site. If a site is approved for location of a landfill, the applicant then
submits a construction permit application consisting of the engineering drawings and plans for
the actual construction of the facility. Upon completion of construction, results of tests and
measurements conducted during construction are reviewed to insure that the landfill has been
constructed according to State and Federal requirements. Following this review, a permit to
operate is issued.
The Tri-County Authority submitted the site study for the proposed landfill to the Section in
July of this year. The Section is currently reviewing the site study and anticipates issuing an
initial technical review letter in the very near future. A copy of the site study is available for
inspection at the Murphy Public Library on Blumenthal Street.
There are a number of requirements that must be addressed during the approval and permitting
process for proposed landfills. The majority of the requirements are directed toward
environmental and public health protection. As such, the Section's review is conducted under
applicable law and regulation.
One of the points in your letter was regarding the proximity of the proposed landfill to the
Andrews airport. New landfill units are prohibited from being located within 10,000 feet from
a pubic airport that accommodates turbine powered aircraft. In addition, there are operational
requirements intended to minimize attraction of birds and other wildlife. The North Carolina
Department of Transportation, Division of Aviation, and the Section have investigated the
recent reports of bird strikes and are in the process of informing the current landfill operators
of steps that must be taken to minimize this hazard. These operational requirements will be
carried over in the operation of any new landfill.
In your letter you indicated that the purchase price for the landfill may have been inflated. The
Section does not receive specific cost estimates and does not regulate expenditures for
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

constructing and operating landfills. These economic decisions must be made by the local
community. In general, however, a "ballpark" figure for constructing a composite liner landfill
is approximately $250,000.00 per cell acre. You may wish to contact the Tri-County Authority
for their cost estimates for this specific facility.
Your letter also expressed concern about the visual impacts that may result from the proposed
location. At this time, there are no specific laws or regulations concerning the sitting of a
landfill with regards to visual impacts on neighbors. The Section does, however, understand
these concerns and -we -actively -encourage visual-irnpacts of new facilities
through the use of natural buffers and screening efforts. The extent to which such measures
are employed is essentially a local decision. We recommend that you contact the Tri-County
Authority with these concerns.
Again, thank you for your inquiry. Should you have any other questions or if the Section can
provide any other information, please feel free to contact this office at [phone] or the
Regional Waste Management Specialist, Mr. Jim Patterson at [phone].
Thank you,
\
William D. Sessoms, PE
copy ,Jt m<Patterson - DSWM
C:\SESSOMS\PROJECTS\CHERO KEE\LETTER.7

State of North Cca,,,lina
Department of Environment,
Health and Natural Resources •
Division of Solid Waste Management 4%
James B, Hunt, Jr., Governor p E H N
Jonathan B. Howes, Secretary
William L. Meyer, Director
November 9, 1994
Warren & Shirley Uphouse
3 Burnt Branch
Marble, North Carolina 28905
Mr. and Ms. Uphouse:
Thank you for your letter to Mr. William Meyer concerning the proposed Tri-County Solid
Waste Management Authority (Tri-County Authority) Landfill.
The North Carolina Division of Solid Waste Management, Solid Waste Section (Section) is
responsible for reviewing applications for landfill construction. The approval process takes
place in three stages. The first stage involves review of a site study, prepared by the applicant,
for general approval of a site. If a site is approved for location of a landfill, the applicant then
submits a construction permit application consisting of the engineering drawings and plans for
the actual construction of the facility. Upon completion of construction, results of tests and
measurements conducted during construction are reviewed to insure that the landfill has been
constructed according to State and Federal requirements. Following this review, a permit to
operate is issued.
The Tri-County Authority submitted the site study for the proposed landfill to the Section in
July of this year. The Section is currently reviewing the site study and anticipates issuing an
initial technical review letter in the very near future. A copy of the site study is available for
inspection at the Murphy Public Library on Blumenthal Street.
There are a number of requirements that must be addressed during the approval and permitting
process for proposed landfills. The majority of the requirements are directed toward
environmental and public health protection.
New landfills must be designed with a composite liner system consisting of very low
permeability clay liner overlain by a synthetic liner. This type of system is intended to present
two distinct barriers against leakage. In order to monitor the performance of this dual system,
the hydrogeology of the site is investigated to determine the design of a water quality
monitoring system.
There is also a requirement that prohibits new landfill units from being located within 10,000
feet from a pubic airport that accommodates turbine powered aircraft. In addition, there are
operational requirements intended to minimize attraction of birds and other wildlife. The North
Carolina Department of Transportation, Division of Aviation, and the Section have investigated
the recent reports of bird strikes and are in the process of informing the current landfill
P.O, Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North C( Mina
Department of Environment,
Health and Natural Resources 4. 0
Division of Solid Waste Management
Ift
James B, Hunt, Governer
Jonathan B, Howes, Secretary
William L, Meyer, Director
November 9, 1994
William A. Cooper and Gail B. Cooper
111 Sleepy Hollow Drive
Marble, North Carolina 28905
Mr. and Ms. Cooper:
Thank you for your letter concerning the proposed Tri-County Solid Waste Management
Authority (Tri-County Authority) Landfill.
The North Carolina Division of Solid Waste Management, Solid Waste Section (Section) is
responsible for reviewing applications for landfill construction. The approval process takes
place in three stages. The first stage involves review of a site study, prepared by the applicant,
for general approval of a site. If a site is approved for location of a landfill, the applicant then
submits a construction permit application consisting of the engineering drawings and plans for
the actual construction of the facility. Upon completion of construction, results of tests and
measurements conducted during construction are reviewed to insure that the landfill has been
constructed according to State and Federal requirements. Following this review, a permit to
operate is issued.
The Tri-County Authority submitted the site study for the proposed landfill to the Section in
July of this year. The Section is currently reviewing the site study and anticipates issuing an
initial technical review letter in the very near future. A copy of the site study is available for
inspection at the Murphy Public Library on Blumenthal Street.
There are a number of requirements that must be addressed during the approval and permitting
process for proposed landfills. The majority of the requirements are directed toward
environmental and public health protection. In order for the proposed site to be approved and
for issuance of a landfill permit, the hydrogeology of the site is investigated to determine the
design of the landfill and design of a water quality monitoring system. In addition, there is a
requirement that prohibits new landfill units from being located within 10,000 feet from a
pubic airport that accommodates turbine powered aircraft. Meeting this requirements must be
demonstrated before approvals and permits can be issued.
The cemetery that you mentioned has been located via an on -site cultural resources survey.
Any construction or site development must be in accordance with all applicable laws and
regulations regarding cemeteries. This must also be demonstrated in the approval and
permitting process.
The Section does not receive specific cost estimates and does not regulate expenditures for
constructing and operating landfills. These economic decisions must be made by the local
P.C. Box 27637, Rcleigh, North Carolina 27611-7627 Teietinone 9 19- -4996 FAX [phone]
An equal Cppertunity Affirmctive Action Employer K � recyced/ , u a pest -consumer cccer

community. In general, however, a "ballpark" figure for constructing a lined composite liner
landfill is approximately $250,000.00 per cell acre. You may wish to contact the Tri-County
Authority for their cost estimates for this specific facility.
Again, thank you for your inquiry. Should you have any other questions or if the Section can
provide any other information, please feel free to contact this office at [phone] or the
Regional Waste Management Specialist, Mr. Jim Patterson at [phone].
William D. Sessoms, PE
copy; DSWIV
C:',SESSOMS\PROJECTS\CHERO KEE\LETTER.5

State of North Cc Aina
Department of Environment,
Health and Natural Resources • •
Division of Solid Waste Management
James B. Hunt, Jr„ Governor p E H N Jonathan B. Howes, Secretary
William L. Meyer, Director
November 9, 1994
William A. Cooper and Gail B. Cooper
1 1 1 Sleepy Hollow Drive
Marble, North Carolina 28905
Mr. and Ms. Cooper:
Thank you for your letter concerning the proposed Tri-County Solid Waste Management
Authority (Tri-County Authority) Landfill.
The North Carolina Division of Solid Waste Management, Solid Waste Section (Section) is
responsible for reviewing applications for landfill construction. The approval process takes
place in three stages. The first stage involves review of a site study, prepared by the applicant,
for general approval of a site. If a site is approved for location of a landfill, the applicant then
submits a construction permit application consisting of the engineering drawings and plans for
the actual construction of the facility. Upon completion of construction, results of tests and
measurements conducted during construction are reviewed to insure that the landfill has been
constructed according to State and Federal requirements. Following this review, a permit to
operate is issued.
The Tri-County Authority submitted the site study for the proposed landfill to the Section in
July of this year. The Section is currently reviewing the site study and anticipates issuing an
initial technical review letter in the very near future. A copy of the site study is available for
inspection at the Murphy Public Library on Blumenthal Street.
There are a number of requirements that must be addressed during the approval and permitting
process for proposed landfills. The majority of the requirements are directed toward
environmental and public health protection. In order for the proposed site to be approved and
for issuance of a landfill permit, the hydrogeology of the site is investigated to determine the
design of the landfill and design of a water quality monitoring system. In addition, there is a
requirement that prohibits new landfill units from being located within 10,000 feet from a
pubic airport that accommodates turbine powered aircraft. Meeting this requirements must be
demonstrated before approvals and permits can be issued.
The cemetery that you mentioned has been located via an on -site cultural resources survey.
Any construction or site development must be in accordance with all applicable laws and
regulations regarding cemeteries. This must also be demonstrated in the approval and
permitting process.
The Section does not receive specific cost estimates and does not regulate expenditures for
constructing and operating landfills. These economic decisions must be made by the local
P,O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

community. In general, however, a "ballpark" figure for constructing a lined composite liner
landfill is approximately $250,000.00 per cell acre. You may wish to contact the Tri-County
Authority for their cost estimates for this specific facility.
Again, thank you for your inquiry. Should you have any other questions or if the Section can
provide any other information, please feel free to contact this office at [phone] or the
Regional Waste Management Specialist, Mr. Jim Patterson at [phone].
anK you,
70.
William D. Sessoms, PE
copy: Jim Patterson - DSWM
CASES SOMS\PROJECTS\CHERO KEE\LETTER.5

111 Sleepy Hollow Drive
Marble, North Carolina 28905
November 2, 1994
Mr. William D. Sessoms, PE
Division of solid Waste Managernent
P. 0. Box 27687
Raleigh, North Carolina 27611
Dear Mr. Sessoms:
We are very much opposed to the proposition of a landfill being
built on an 80 acre tract of land commonly known as the West
property, located on Highway 74, in the community of Marble, North
Carolina.
This is oric of the most beautiful valleys in Western Carolina and
has recently been declared a scenic view highway. The landfill
would have a very negative impact on this highway. There is also
the possibility of pollution into Valley River from spills. It is
said now that Marble has one of the two purest water systems in
North Carolina. We would like to keep it this way.
Less than half of the land being purchased is usable. It has
natural springs, and a Cherokee Burial ground in the unusable
part. Why not find another cost effective piece?
Its location it will be a hazard for airplanes entering Andrews -
Murphy Airport because of the attraction of the buzzards, plus a
traffic hazard with trucks hauling garbage from three counties.
Besides the prohibitive cost factors for this, and the possibility
of it being environmentally unsafe due to heavy population
surrounding the landfill, the residents of Andrews and Marble don't
want a landfill in their back yards. They have had it for the last
twenty years, it's time to share this with other sections of the
county.
Thank you for your consideration to this most important problem.
Sincerely yours �n
William A. Cooper /J
Gail B. Cooper

State of North C(. Aina 'T
Department of Environment, F9MA,
Health and Natural Resources A&4ja
Division of Solid Waste Management
James B, Hunt, Governor C F1
IL
Jonathan B, Howes, Secretary C
William L. Meyer, Director
November 9, 1994
Warren & Shirley Uphouse
3 Burnt Branch
Marble, North Carolina 28905
Mr. and Ms. Uphouse:
Thank you for your letter to Mr. William Meyer concerning the proposed Tri-County Solid
Waste Management Authority (Tri-County Authority) Landfill.
The North Carolina Division of Solid Waste Management, Solid Waste Section (Section) is
responsible for reviewing applications for landfill construction. The approval process takes
place in three stages. The first stage involves review of a site study, prepared by the applicant,
for general approval of a site. If a site is approved for location of a landfill, the applicant then
submits a construction permit application consisting of the engineering drawings and plans for
the actual construction of the facility. Upon completion of construction, results of tests and
measurements conducted during construction are reviewed to insure that the landfill has been
constructed according to State and Federal requirements. Following this review, a permit to
operate is issued.
The Tri-County Authority submitted the site study for the proposed landfill to the Section in
July of this year. The Section is currently reviewing the site study and anticipates issuing an
initial technical review letter in the very near future. A copy of the site study is available for
inspection at the Murphy Public Library on Blumenthal Street.
There are a number of requirements that must be addressed during the approval and permitting
process for proposed landfills. The majority of the requirements are directed toward
environmental and public health protection.
New landfills must be designed with a composite liner system consisting of very low
permeability clay liner overlain by a synthetic liner. This type of system is intended to present
two distinct barriers against leakage. In order to monitor the performance of this dual system,
the hydrogeology of the site is investigated to determine the design of a water quality
monitoring system.
There is also a requirement that prohibits new landfill units from being located within 10,000
feet from a pubic airport that accommodates turbine powered aircraft. In addition, there are
operational requirements intended to minimize attraction of birds and other wildlife. The North
Carolina Department of Transportation, Division of Aviation, and the Section have investigated
the recent reports of bird strikes and are in the process of informing the current landfill
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 500k recycled/ 10% post -consumer paper

operators of steps that must be taken to minimize this hazard. These operational requirements
will be carried over in the operation of any new landfill.
The Section does not receive specific cost estimates and does not regulate expenditures for
constructing and operating landfills. These economic decisions must be made by the local
community. In general, however, a "ballpark" figure for constructing a composite liner landfill
is approximately $250,000.00 per cell acre. You may wish to contact the Tri-County Authority
for their cost estimates for this specific facility.
At this time, there are no specific laws or regulations concerning the sitting of a landfill with
regards to the scenic highway program. The Section does encourage the minimizing of visual
impacts of new facilities.
Again, thank you for your inquiry. Should you have any other questions or if the Section can
provide any other information, please feel free to contact this office at [phone] or the
Regional Waste Management Specialist, Mr. Jim Patterson at [phone].
Thank you,
Lv
William D. Sessoms, PE
copy: Jim Patterson - DSWM
Bill Meyer - DSWM
CASESS0MS\PROJ ECTS\CH ERO KEE\LETTER.6

November 1. 1994
Mr. William L.Meyer
Director, Division of Solid Waste Management
P.O.Box 27687
Raleigh, NC 27611-7687
RE: Proposed new landfill, 1996, Cherokee County
Dear Sir:
In 1996, Cherokee County, North Carolina (Marble, NC)'is required to
build a new landfill. Acreage adjacent to the current landfill has
been proposed by county commissioners. We greatly oppose this plan
for the following reasons:
1. The cost to Cherokee County to build and operate a modern landfill
with necessary adjunct expenditures would be astronomical and no
doubt taxes would go up significantly. We believe there are other
alternatives to having to live with a landfill in our county and do not
believe these alternatives have been given proper consideration or
research.
2. It would be placed very near the county airport limiting any
future expansion of the airport runway. More importantly the landfill
would pose a serious danger to airplanes in the area as even now
there are scores of buzzards, attracted to the landfill, in the flight
paths. Bird strikes have occured and been documented and there is
potential for more serious accidents.
3. The landfill would be placed in the valley which is the most
beautiful part of the county. Not only would it be viewed from the
highway by visitors and tourists but certainly from air as well.
Tourism is important to this county as well as neighboring counties
and to scar this beautiful land with garbage is unthinkable. The
highway, 19-74, that runs through the valley has been designated a
scenic highway which should not include a landfill.
4. The affluent may escape into the Valley River, a known trout
river and again, an attraction for tourists as well as residents.
There is concern about the affluent and its possible effect on
Andrews water supply and that of surrounding property water
supply.

5. There are scores of lovely homes in the valley as well as in the
near mountains surrounding the proposed property for landfill, and
aerngthis larrdfiil irrthevaneywoulzi certainly effect e
value of these homes.
we feel this situation needs your close attention and ask that you
do whatever necessary to assure that this move to a new landfill in
Cherokee County is well thought out and will benefit not only the
beauty of this valley but will give the best economical plan for
residents of this county.
Thank
ank you for 'your consideration,
G�f�u/L�C.Z
arren rley Uphouse
3 Burnt Branch
Marble NC 28905
704-837-6007

State of North CG -ilina
Department of Environment,
Health and Natural Resources • •
Division of Solid Waste Management
James B. Hunt, Jr., Governor now
p E H N
Jonathan B, Howes, Secretory
William L. Meyer, Director
November 10, 1994
John R. Cook
50 Robinson Road
Andrews, North Carolina 28901
Mr. Cook:
Thank you for your call and letter concerning the proposed Tri-County Solid Waste
Management Authority (Tri-County Authority) Landfill.
To recap what we discussed, the North Carolina Division of Solid Waste Management, Solid
Waste Section (Section) is responsible for reviewing applications for landfill construction. The
approval process takes place in three stages. The first stage involves review of a site study,
prepared by the applicant, for general approval of a site. If a site is approved for location of
a landfill, the applicant then submits a construction permit application consisting of the
engineering drawings and plans for the actual construction of the facility. Upon completion of
construction, results of tests and measurements conducted during construction are reviewed
to insure that the landfill has been constructed according to State and Federal requirements.
Following this review, a permit to operate is issued.
The Tri-County Authority submitted the site study for the proposed landfill to the Section in
July of this year. The Section is currently reviewing the site study and anticipates issuing an
initial technical review letter in the very near future. A copy of the site study is available for
inspection at the Murphy Public Library on Blumenthal Street.
There are a number of requirements that must be addressed during the approval and permitting
process for proposed landfills. The majority of the requirements are directed toward
environmental and public health protection. As such, the Section's review is conducted under
applicable law and regulation.
Thank you for the information concerning the Jonathan Parker cemetery. This cemetery has
been located via an on -site cultural resources survey which is contained in the site study
documentation. Any construction or site development must be in accordance with all
applicable laws and regulations regarding cemeteries. Compliance with applicable requirements
must be demonstrated in the approval and permitting process. The current conceptual plan
indicates that the proposed landfill will have no impact on the cemetery. If the overall site is
approved, the specific design details will be examined during the Construction Permit
Application review at which time the specifics about protecting the cemetery and providing
access will be addressed.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Again, thank you for your inquiry. Should you have any other questions or if the Section can
provide any other information, please feel free to contact this office at [phone] or the
Regional Waste Management Specialist, Mr. Jim Patterson at [phone].
Thank you,
William D. Sessoms, PE
Copy: Jim Patterson - DSWM.
CAS ESSOMS\PROJECTS\CHERO KEE\LETTER.8

JOHN R. COOK
50 ROBINSON ROAD
ANDREWS, N.C. 28901
[phone]
- —10 /-14 /-9 4 - -
Mr. Bill Sessoms
NC Solid Waste Section
PO Box 27687
Raleigh, NC 27611-0692
Dear Mr. Sessoms,
Thank you for taking time to answer my questions on the PURPOSED
CHEROKEE COUNTY LAND SITE. Your comments were very helpful.
Enclosed please find the requested map, cemetery location,
cemetery photo, and genealogy information.
Any assistance and consideration you could give in at least
delaying the approval of the purposed site until further study
could be made would be greatfully appreciated.
Sincerely,
John R. Cook

State of North C olina
Department of L, Ivironment,
Health and Natural Resources • a
Division of Solid Waste Management
James B. Hunt, Jr., Governor C
Jonathan B. Howes, Secretary C
William L. Meyer, Director
November 10, 1994
John R. Cook
50 Robinson Road
Andrews, North Carolina 28901
Mr. Cook:
Thank you for your call and letter concerning the proposed Tri-County Solid Waste
Management Authority (Tri-County Authority) Landfill.
To recap what we discussed, the North Carolina Division of Solid Waste Management, Solid
Waste Section (Section) is responsible for reviewing applications for landfill construction. The
approval process takes place in three stages. The first stage involves review of a site study,
prepared by the applicant, for general approval of a site. If a site is approved for location of
a landfill, the applicant then submits a construction permit application consisting of the
engineering drawings and plans for the actual construction of the facility. Upon completion of
construction, results of tests and measurements conducted during construction are reviewed
to insure that the landfill has been constructed according to State and Federal requirements.
Following this review, a permit to operate is issued.
The Tri-County Authority submitted the site study for the proposed landfill to the Section in
July of this year. The Section is currently reviewing the site study and anticipates issuing an
initial technical review letter in the very near future. A copy of the site study is available for
inspection at the Murphy Public Library on Blumenthal Street.
There are a number of requirements that must be addressed during the approval and permitting
process for proposed landfills. The majority of the requirements are directed toward
environmental and public health protection. As such, the Section's review is conducted under
applicable law and regulation.
Thank you for the information concerning the Jonathan Parker cemetery. This cemetery has
been located via an on -site cultural resources survey which is contained in the site study
documentation. Any construction or site development must be in accordance with all
applicable laws and regulations regarding cemeteries. Compliance with applicable requirements
must be demonstrated in the approval and permitting process. The current conceptual plan
indicates that the proposed landfill will have no impact on the cemetery. If the overall site is
approved, the specific design details will be examined during the Construction Permit
Application review at which time the specifics about protecting the cemetery and providing
access will be addressed.
P,O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Again, thank you for your inquiry. Should you have any other questions or if the Section can
provide any other information, please feel free to contact this office at [phone] or the
Regional Waste Management Specialist, Mr. Jim Patterson at [phone].
Thank you,
William D. Sessoms, PE
copy: Jim Patterson - DSWM
CASESS 0 MS\PROJ ECTS\CH E RO K E E\LETTE R. S

State of North CG, Ana
Department of Environment,
Health and Natural Resources • •
Division of Solid Waste Management
James B. Hunt, Governor y p E H N F�
Jonathan B. Howes, Secretor
William L. Meyer, Director
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
November 14, 1994
R. Scott Lindsay
Clerk to the Cherokee County Board of Commissioners
Courthouse Annex
Murphy, North Carolina 28906
Re: Tri-County Solid Waste Management Authority
Proposed Municipal Solid Waste Landfill
Site Study
Mr. Lindsay:
In accordance with North Carolina General Statute 130A-294, as amended July 7,
1994 (copy enclosed), the Division of Solid Waste Management, Solid Waste Section (Section)
is forwarding to you, one copy of the document entitled:
MSWLF Facility
Site Study
Tri-County Solid Waste Management Authority
Marble
Cherokee County, North Carolina
Should you need additional copies of the above, please contact the Tri-County Solid
Waste Management Authority.
N.C.G.S. 130A-294(bl)(2) requires that the applicable unit of local government(s) hold
a public hearing regarding proposed landfill siting, where sufficient interest exists. According
to documentation contained in the Site Study, a public hearing has been held concerning this
proposed facility. The Section is therefore of the opinion that this requirement of the General
Statutes has been met.
It is the opinion of the Section that the franchising portion of N.C.G.S. 130A-294(bi)(3)
does not apply to a local government or a local government agency operating its own landfill.
Therefore, the Section does not require any franchise information from Cherokee County at
this time.
N.C.G.S. 130A-294(bl)(4) requires that a determination be made as to whether the
local government has in effect, zoning, subdivision, or land -use planning ordinance applicable
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

to the proposed landfill and further requires a determination as to whether the proposed or
existing landfill operations will be consistent with applicable ordinances.
According to documentation contained in the Site Study, the proposed landfill site is
located in an area that is not zoned. The Site Study does not contain any documentation as
to whether the proposed site is subject to any subdivision or land use planning ordinances or
requirements.
In accordance with this Statute, you are requested to make a determination as to
whether any subdivision or land use planning ordinances or requirements apply to this
proposed site and, if so, make a determination as to whether the proposed site is consistent
with any such subdivision or land use planning ordinances. Please provide a copy of such
determinations and affidavit to the Section.
If you have any questions or if we can provide any assistance, please do not hesitate
to contact the Section at [phone].
Thank you,
William D. Sessoms, PE
enclosure
copy: Jim Patterson DSWM
Paul Jordan - Tri-County Solid Waste Management Authority
Wayne Sullivan - Municipal Engineers
CAS ESS0MS\PROJ ECTS\CHERO KEE\LETTER.9

qr �; ,y §130A-294 PUBLIC HEALTH
§ 130A-294
g;.. (5) Unsupported by substantial evidence admissible under G.S.
f ' 150B-29(a) or G.S. 150B-30 in view of the entire record as o
submitted; or
(6) Arbitrary or capricious.'
`If the court reverses or modifies the decision of the agency, the
°via' judge shall set out in writing, which writing shall become part of
..
the record, the reasons for such reversal ,.,.
' procedure, the pro1
visions of Rule 6(a) rne of the Rules of Cividl y thi
.: duce, G.S. lA-1, shall apply.
u' . (g) Repealed by Session Laws 1989, C. 168, S. 13.
r• - 5 1983 s. 891 s. 2. 1983 Re ss. 3- c. 704, s.
� (Reg. Sess., 1984), c. 973, ss. 3-5; 1987, c.
�= 827, s. 249; 1987 (Reg. Sess., 1988), c. 993, s. 28; c. 1082, s. 13; 87:
t c. 168 s. 13. 1993, c. 501, S. 13.)1989
Effect of Amendments. The 1993 Board", substituted "Secretary
amendment, effective Jul 23, 1993, re- The Sec -
wrote subsection (a); substituted "Secre- Sec-
retary" for "Board. The Board"; in sub -
wrote for "Board" throughout the sec- section (d) substituted "Secretary's" for
"Board tion; in subsection (c) substituted �s"; and in
�, "Secre- subsection (e) 's" for
Secretary" tuted `Secretary, the
"Board,
for the "Board, the Board's."
Secretary's" for
sr,
130A-294. Solid waste management program.
.. (a) The Department is authorized and directed to engage in re-
search, conduct investigations and surveys, make inspections and
4 s establish a statewide solid waste management ro
g a program, the Department shall have a thorityntostab-
lishin
(1) Develop a comprehensive program for implementation of
safe and sanitar
(2) Advise, consult cooperate and actices for ncontrg cat withent solid other State
agencies, units of local State
govern-
ment, industries and individuals i n �the eformulatifederal n and
T carrying out of a solid waste management program;
(3) Develop and adopt rules to establish standards for qualifi-
ht, cation as a waste "recycling, reduction or resource recover-
ing facility" or as waste "recycling reduction or resource
.. recovering equipment" for the purpose of special
lassi-
fications or treatment and to certify as qua ify ngcthose
r j applicants which meet the established standards. The
standards shall be developed to qualify only those facilities
and equipment exclusively used in the actual waste recy-
cling, reduction or resource recovering
7, exclude an incidental or Supportive Process and shall
Y pportive facilities and equip-
rv.. ment;
(4)a. Develop a permit system governing the establishment
and operation of solid waste management facilities. A
landfill with a disposal area of 1
/2 acre or less for the
on -site disposal of land clearing and inert debris is
: exempt from the permit requirement of this section
and shall be governed b
De-
partment shall not a Y G.S. 130A-301.1. The De-
,;.: permit, the renewal ofove an application for a new
`;- amendment to a permit for permit,
landfill, or a
exclud-
ing
demolition landfills as defined in the rules of the
~. Commission for Health Services, except as provided in
lr} .
63

§130A-294 1994 CUMULATIVE SUPPLEMENT §130A-294
subdivisions (3) and (4) of subsection (bl) of this sec-
tion. No permit shall be granted for a solid waste man-
agement facility having discharges which are point
sources until the Department has referred the com-
plete plans and specifications to the Environmental
Management Commission and has received advice in
writing that the nlana Anrl cnon;4;.,.,44___ ___ ____ ,
in accordance with the provisions of G.S. 143-215.1. If
the applicant is a unit of local government, and has
not submitted a solid waste management plan that
has been approved by the Department pursuant to
G.S. 130A-309.09A(b), the Department may deny a
permit for a sanitary landfill or a facility that disposes
of solid waste by incineration, unless the Commission
has not adopted rules pursuant to G.S. 130A-309.29
for local solid waste management plans. In any case
where the Department denies a permit for a solid
waste management facility, it shall state in writing
the reason for denial and shall also state its estimate
of the changes in the applicant's proposed activities or
plans which will be required for the applicant to ob-
tain a permit.
b. The issuance of permits for sanitary landfills operated
by local governments is exempt from the environmen-
tal impact statements required by Article 1 of Chapter
113A of the General Statutes, entitled the North Caro-
lina Environmental Policy Act of 1971. All sanitary
landfill permits issued to local governments prior to
July 1, 1984, are hereby validated notwithstanding
any failure to provide environmental impact state-
ments pursuant to the North Carolina Environmental
Policy Act of 1971;
(4a) No permit shall be granted for any public or private sani-
tary landfill to receive solid non -radioactive waste gener-
ated outside the boundaries of North Carolina to be depos-
ited, unless such waste has previously been inspected by
the solid waste regulatory agency of that nation, state or
territory, characterized in detail as to its contents and cer-
tified by that agency to be non -injurious to health and
safety. The Commission shall adopt rules to implement
this subsection.
(5) Repealed by Session Laws 1983, c. 795, s. 3.
(5a) Designate a geographic area within which the collection,
transportation, storage and disposal of all solid waste gen-
erated within said area shall be accomplished in accor-
dance with a solid waste management plan. Such designa-
tion may be made only after the Department has received
a request from the unit or units of local government hav-
ing jurisdiction within said geographic area that such des-
ignation be made and after receipt by the Department of a
solid waste management plan which shall include:
a. The existing and projected population for such area;
b. The quantities of solid waste generated and estimated
to be generated in such area;
64

a�
t.. §130A-294 PUBLIC HEALTH
:§ 130A-294
c. The availability of sanitary landfill sites and the envi- w
ronmental impact of continued landfill of solid waste
on surface and subsurface waters;
d. The method of solid waste disposal to be utilized and the
energy or material which shall be recovered from the waste; and tr ,�
_ e. Such other data that the Department may rnaan,, m.. W
(5b) Authorize units of local q y
government to require b ordi-
nance, that all solid waste generated within the designated
geographic area that is placed in the waste stream for dis-
posal be collected, transported, stored and disposed of at a
_4 permitted solid waste management facility or facilities
.' serving such area. The provisions of such ordinance shall
not be construed to prohibit the source separation of mate-
rials from solid waste prior to collection of such solid waste
tom;: for disposal, or prohibit collectors of solid waste from recy-
cling materials or limit access to such materials as an inci-
dent to collection of such solid waste; provided such prohi-
bitions do not authorize the construction and operation of a
-
�-�.��-.- resource recovery
`.` ry facility unless specifically permitted
pursuant to an approved solid waste management plan. If
a private solid waste landfill shall be substantially affected
` . by such ordinance then the unit of local government adopt-
ing the ordinance shall be required to give the operator of
h^ the affected landfill at least two years written notice prior
to the effective date of the proposed ordinance.
(5c) Except for the authority to designate a geographic area to
be serviced by a solid waste management facility, delegate
authority and responsibility to units of local government to
perform all or a portion of a solid waste management pro-
gram within the jurisdictional area of the unit of local
government; provided that no authority over or control of
:.:. the operations or properties of one local government shall
be delegated to any other local government.
(5d) Require that an annual report of the implementation of
the solid waste management plan within the designated
g
grated
geographic area be filed with the Department.
'. (6) The DeP artment is authorized to charge and collect fees
from operators of hazardous waste disposal facilities. The
fees shall be used to establish a fund sufficient for each
individual facility to defray the anticipated costs to the
State for monitoring and care of the facility after the ter-
mination of the period during which the facility operator is
required by applicable State and federal statutes, regula-
tions or rules to remain responsible for post -closure moni-
toring and care. In establishing the fees, consideration
e: 7 shall be given to the size of the facility, the nature of thehazardous waste and the projected life of the facility.
(7) Establish and collect annual fees from generators
transporters of hazardous waste, and frostorage, treat-
ment, d
' and disposal facilities regulated under this Article
{_ > as provided in G.S. 130A-294.1.
(b) The Commission shall adopt and the Department shall en-
force
rules to implement a comprehensive statewide solid waste
management program.
p gram. The rules shall be con sistent with applica-
:> 65

§130A-294 1994 CUMULATIVE SUPPLEMENT §130A-294
ble State and federal law; and shall be designed to protect the pub-
lic health, safety, and welfare; preserve the environment; and pro-
vide for the greatest possible conservation of cultural and natural
resources. Rules for the establishment, location, operation, mainte-
nance, use, discontinuance, recordation, post -closure care of solid
waste management facilities also shall be based upon recognized
public health practices and procedures, including applicable epide-
miological research and studies; hydrogeological research and st„ii-
1P.R' canitary ,-
logical development in equipment and methods The rules shall not
apply to the management of solid waste that is generated by an
individual or individual family or household unit on the individ-
ual's property and is disposed of on the individual's property.
The Commission may adopt rules for financial responsibility to
ensure the availability of sufficient funds for closure and post -clo-
sure maintenance and monitoring at solid waste management facil-
ities, and for any corrective action the Department may require
during the active life of a facility or during the closure and post -
closure periods. The rules may permit demonstration of financial
responsibility through the use of a letter of - credit, insurance,
surety, trust agreement, financial test, or guarantee by corporate
parents or third parties who can pass the financial test.
(bl) (1) For purposes of this subsection and subdivision (4) of sub-
section (a) of this section, a "substantial amendment"
means either:
a. An increase of ten percent (10%) or more in:
1. The population of the geographic area to be served
by the sanitary landfill;
2. The quantity of solid waste to be disposed of in the
sanitary landfill; or
3. The geographic area to be served by the sanitary
landfill.
b. A change in the categories of solid waste to be disposed
of in the sanitary landfill or any other change to the
application for a permit or to the permit for a sanitary
landfill that the Commission or the Department deter-
mines to be substantial.
(2) Within 10 days after receiving an application for a permit,
for the renewal of a permit, or for a substantial amend-
ment to a permit for a sanitary landfill, the Department
shall notify the clerk of the board of commissioners of the
county or counties in which the sanitary landfill is pro-
posed to be located or is located and, if the sanitary landfill
is proposed to be located or is located within a city, the
clerk of the governing board of the city, that the applica-
tion has been filed and shall file a copy of the application
with the clerk. Prior to the issuance of a permit, the re-
newal of a permit, or a substantial amendment to a permit,
the board of commissioners of the county or counties in
which the sanitary landfill is proposed to be located or is
located or, if the sanitary landfill is proposed to be located
or is located in a city, the governing board of the city shall
conduct a public hearing when sufficient public interest
exists. The board of commissioners of the county or coun-
ties in which the sanitary landfill is proposed to be located
or is located or, if the sanitary landfill is proposed to be
66

130A-294
PUBLIC HEALTH §130A-294
located or is located in a city, the governing board of the
city shall provide adequate notice to the public of the pub-
lic hearing and shall specify the procedure to be followed at
the public hearing.
(3) An applicant for a new permit, the renewal of a permit, or a
substantial amendment to a permit for a sanitary landfill
shall obtain, prior to applying for a permit, a franchise for
the operation of the sanitary landfill from each local gov-
emment havin-a iurisdietin„
wuicu une sanitary landfill and its appurtenancesaare lo-
cated or to be located. A local government shall adopt a
franchise ordinance under G.S. 153A-136 or G.S. 160A-319
:;.
prior to the submittal by an applicant of an application for
t: a new permit, the renewal of a permit, or a substantial
amendment to a permit for a sanitary landfill. A franchise
granted for a sanitary landfill shall include:
a. A statement of the population to be served, including a
description of the geographic area.
b. A description of the volume and characteristics of the
waste stream.
c. A projection on the useful life of the landfill.
(4) An applicant for a new permit, the renewal of a permit, or a
substantial amendment to a permit for a sanitary landfill
shall request each local government having jurisdiction
over any part of the land on which the sanitary landfill and
its appurtenances are located or to be located to issue a
determination as to whether the local government has in
effect a franchise, zoning, subdivision, or land -use plan-
ning ordinance applicable to the sanitary landfill and
whether the proposed sanitary landfill, or the existing san-
itary landfill as it would be operated under the renewed or
substantially amended permit, would be consistent with
�'- the applicable ordinances. The request to the local govern-
ment shall be accompanied by a copy of the permit applica-
t
ion and shall be delivered to the clerk of the local govern-
ment personally or by certified mail. In order to serve as a
t .. basis for a determination that an application for a new
permit, the renewal of a permit, or a substantial amend-
ment to a permit for a sanitary landfill is consistent with a
L zoning, subdivision, or land -use planning ordinance, an or-
dinance or zoning classification applicable to the real prop-
erty designated in the permit application shall have been
iA` in effect not less than 90 days prior to the date the request
for a determination of consistency is delivered to the clerk
R;- of the local government. The determination shall be veri-
fied or supported by affidavit signed by the chief adminis-
trative officer, the chief administrative officer's designee,
clerk, or other official designated by the local government
to make the determination and, if the local government
states that the sanitary landfill as it would be operated
under the new, renewed, or substantially amended permit
is inconsistent with a franchise, zoning, subdivision, or
land -use planning ordinance, shall include a copy of the
ordinance and the specific reasons for the determination of
inconsistency. A copy of the determination shall be pro-
vided to the applicant when the determination is submit-
67

§130A-294 1994 CUMULATIVE SUPPLEMENT. §130A-294
ted to the Department. The Department shall not act upon
an application for a permit under this section until it has
received a determination from each local government re-
quested to make a determination by the applicant; pro-
vided that if a local government fails to submit a determi-
nation to the Department as provided by this subsection
within 15 days after receipt of the request, the Department
shall proceed to consider the permit application without
regard to a franchise, local zoning, subdivision, and land-
---- - , ,• ._ .. - -
-----a ------------•• �����+•+ v a. ava.aa �v vci 11111Ci1L
makes a subsequent determination of consistency with all
ordinances cited in the determination or the sanitary land-
fill as it would be operated under the new, renewed, or
substantially amended permit is determined by a court of
competent jurisdiction to be consistent with the cited ordi-
nances, the Department shall attach as a condition of the
permit a requirement that the applicant, prior to construc-
tion or operation of the sanitary landfill under the permit,
comply with all lawfully adopted local ordinances cited in
the determination that apply to the sanitary landfill. This
subsection shall not be construed to affect the validity of
any lawfully adopted franchise, local zoning, subdivision,
or land -use planning ordinance or to affect the responsibil-
ity of any person to comply with any lawfully adopted fran-
chise, local zoning, subdivision, or land -use planning ordi-
nance. This subsection shall not be construed to limit any
opportunity a local government may have to comment on a
permit application under any other law or rule. This sub-
section shall not apply to any facility with respect to which
local ordinances are subject to review under either G.S.
104E-6.2 or G.S. 130A-293.
(c) The Commission shall adopt and the Department shall en-
force rules concerning the management of hazardous waste. These
rules shall establish a complete and integrated regulatory scheme
in the area of hazardous waste management and shall provide for:
(1) Establishing criteria for hazardous waste, identifying the
characteristics of hazardous waste and listing particular
hazardous waste;
(la) Establishing criteria for hazardous constituents, identify-
ing the characteristics of hazardous constituents and list-
ing particular hazardous constituents;
(2) Record -keeping and reporting by generators and trans-
porters of hazardous waste and owners and operators of
hazardous waste facilities;
(3) Proper labeling of hazardous waste containers;
(4) Use of appropriate containers for hazardous waste;
(5) A manifest system to assure that all hazardous waste is
designated for treatment, storage or disposal at a hazard-
ous waste facility to which a permit has been issued;
(6) Proper transportation of hazardous waste;
(7) Treatment, storage and disposal standards of performance
and techniques to be used by hazardous waste facilities;
(8) Location, design, ownership and construction of hazardous
waste facilities; provided, however, that no hazardous
waste disposal facility or polychlorinated biphenyl disposal
facility shall be located within 25 miles of any other haz-

State of North Cc Mina
Department of Environment,
Health and Natural Resources • a
Division of Solid Waste Management A&4
James B, Hunt, Jr., Governor ig;lk p E H N
mok
Jonathan B, Howes, Secretary
William L Meyer, Director
December 1, 1994
Rex E. Storm
10 Burnt Branch Overlook
Marble, North Carolina 28905
Mr. Storm:
Thank you for your letter concerning the proposed Tri-County Solid Waste Management
Authority (Tri-County Authority) Landfill. This letter is in response to your letters to myself and
Mr. William Meyer.
The selection of a proposed site is made by the local government or agency, in this
case the Tri-County Authority. Once a site is selected, a site study is submitted to the North
Carolina Division of Solid Waste Management, Solid Waste Section (Section), which is
responsible for reviewing applications for landfill construction. There are a number of
requirements that must be addressed during the approval and permitting process for proposed
landfills. The majority of these requirements are directed toward environmental and public
health protection.
The current conceptual plan and site study indicates that the proposed landfill will
comply with regulations concerning proximity to airports. The bird hazard at the existing landfill
that you mentioned has also been examined by the North Carolina Division of Aviation.
Specific recommendations to minimize bird attraction have been made which will be
implemented at the existing facility and, if constructed, will be carried over to the new facility.
Any construction or site development must be in accordance with all applicable laws
and regulations regarding cemeteries. The conceptual landfill plan indicates no impact on the
cemetery. If the overall site is approved, the specific design details will be examined during the
Construction Permit Application review at which time the specifics about protecting the
cemetery and providing access will be addressed.
With regards to your concerns about the aesthetic impact of the proposed landfill on
the view from your home, this issue is outside the purview of State and Federal regulations.
You may wish to contact your local government to see if there can be efforts made to
minimize this impact.
Your letter also raised the issue of the cost of the proposed site. The Section does not
receive specific cost estimates and does not regulate expenditures for constructing and
operating landfills. These economic decisions must be made by the local community. In
general, however, a 'ballpark' figure for constructing a composite liner landfill that complies
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

with current regulations is approximately $250,000.00 per cell acre. You may wish to contact
the Tri-County Authority for their cost estimates for this specific facility.
Again, thank you for your inquiry. Should you have any other questions or if we can
provide any other information, please feel free to contact this office at [phone] or the
Regional Solid Waste Management Specialist, Mr. Jim Patterson at [phone].
Thank you,
William D. Sessoms, PE
copy: Bill Meyer - DSWM
Jim Patterson - DSWM
C:\SESSOMS\PROJECTS\CHERO KEE\LETTER.10

November 11, 1994
Mr. William L. Meyer
Director
Division of Solid Waste Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Sir:
As a homeowner in Marble, Cherokee County, North Carolina, we would like to express our concern
for the proposed location of the new landfill.
We feel that the proposed location would be very detrimental to the most beautiful valley in
Western North Carolina. This area has attracted people from many different states - all
knowing that the original landfill would be closed, meaning that flying in and out of the airport
would be safer.
Several years ago we contacted the Cherokee County Commissioners office and asked
about the existing landfill and how long it would be there. They informed us it would be gone
in less than three (3) years - so we, like others, purchased acreage on top of the mountain.
There is well over $1,000,000 in homes over looking this land - what will these homes be
worth over looking a landfill; what would the resale value be? With garbage coming from
three (3) counties now, you can hear the trucks in our house now (noise level) and we now
have an odor. There were buzzards flying over the existing landfill when we moved here.
As you know, you can go through any county and tell where the landfill is by looking up in
the sky for the birds (buzzards, sea gulls, etc.), even in areas without trees around it.
We feel that purchasing 78 acres to get a 30 acre landfill is spending money wastefully and
it is hard to believe that this is the best and only spot from the City of Topton to the
Tennessee line - also this proposed area has many Indian graves on it; one being the parents
of Chief Walsh. Indian Affairs has been in touch with some of the concerned citizens of
Cherokee County.
We would appreciate any action you can take to solve our problem.
Si
Re Stor
10 Burnt Branch Overlook
Marble, North Carolina 28905

November 11, 1994
Mr. William D. Sessoms, PE
Division of Solid Waste Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Sir:
As a homeowner in Marble, Cherokee County, North Carolina, we would like to express our concern
for the proposed location of the new landfill.
We feel that the proposed location would be very detrimental to the most beautiful valley in
Western North Carolina. This area has attracted people from many different states - all
knowing that the original landfill would be closed, meaning that flying in and out of the airport
would be safer.
Several years ago we contacted the Cherokee County Commissioners office and asked
about the existing landfill and how long it would be there. They informed us it would be gone
in less than three (3) years - so we, like others, purchased acreage on top of the mountain.
There is well over $1,000,000 in homes over looking this land - what will these homes be
worth over looking a landfill; what would the resale value be? With garbage coming from
three (3) counties now, you can hear the trucks in our house now (noise level) and we now
have an odor. There were buzzards flying over the existing landfill when we moved here.
As you know, you can go through any county and tell where the landfill is by looking up in
the sky for the birds (buzzards, sea gulls, etc.), even in areas without trees around it.
We feel that purchasing 78 acres to get a 30 acre landfill is spending money wastefully and
it is hard to believe that this is the best and only spot from the City of Topton to the
Tennessee line - also this proposed area has many Indian graves on it; one being the parents
of Chief Walsh. Indian Affairs has been in touch with some of the concerned citizens of
Cherokee County.
We would appreciate any action you can take to solve our problem.
Sin
�6�to
10 Burnt Branch Overlook
Marble, North Carolina 28905

'State of North Cc ,ina
Department of Environment,"LTWAA, Health and Natural Resources -
Division of Solid Waste Management
�v�
James B. Hunt, Jr., Governor C H
Jonathan B, Howes, Secretary C
William L. Meyer, Director
December 1, 1994
Warren & Shirley Uphouse
3 Burnt Branch
Marble, North Carolina 28905
Mr. and Ms. Uphouse:
Thank you for your letter to Mr. William Meyer concerning the proposed Tri-County Solid
Waste Management Authority (Tri-County Authority) Landfill.
The North Carolina Division of Solid Waste Management, Solid Waste Section (Section) is
responsible for reviewing applications for landfill construction. There are a number of
requirements that must be addressed during the approval and permitting process for proposed
landfills. The majority of the requirements are directed toward environmental and public health
protection.
New landfills must be designed with a composite liner system consisting of very low
permeability clay liner overlain by a synthetic liner. This type of system is intended to present
two distinct barriers against leakage. In order to monitor the performance of this dual system,
the hydrogeology of the site is investigated to determine the design of a water quality
monitoring system.
There is also a requirement that prohibits new landfill units from being located within 10,000
feet from a pubic airport that accommodates turbine powered aircraft. In addition, there are
operational requirements intended to minimize attraction of birds and other wildlife. The North
Carolina Department of Transportation, Division of Aviation, has investigated the recent
reports of bird strikes and has recommended specific steps in order to minimize this hazard.
These operational requirements are being implemented at the existing facility and will be
carried over in the operation of any new landfill.
The Section does not receive specific cost estimates and does not regulate expenditures for
constructing and operating landfills. These economic decisions must be made by the local
community. In general, however, a "ballpark" figure for constructing a composite liner landfill
is approximately $250,000.00 per cell acre. You may wish to contact the Tri-County Authority
for their cost estimates for this specific facility.
At this time, there are no specific laws or regulations concerning the sitting of a landfill with
regards to the scenic highway program. The Section does encourage the minimizing of visual
impacts of new facilities.
P.O, Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Again, thank you for your inquiry. Should you have any other questions or if the Section can
provide any other information, please feel free to contact this office at [phone] or the
Regional Waste Management Specialist, Mr. Jim Patterson at [phone].
Thank you,
William D. Sessoms, PE
copy: Jim Patterson - DSWM
C:\SESSO MS\PROJECTS\CHEROKEE\LETTER.14

November 1, 1994
Mr. William D. Sessoms, PE
Division of Solid Waste Management
P.O.Box 27687
Raleigh, NC 27611-7687
RE: Proposed new landfill, 1996, Cherokee County
Dear Sir:
In 1996, Cherokee County, North Carolina (Marble, NC) is required to
build a new landfill. Acreage adjacent to the current landfill has
been proposed by county commissioners. We greatly oppose this plan
for the following reasons:
1. The cost to Cherokee County to build and operate a modern landfill
with necessary adjunct expenditures would be astronomical and no
doubt taxes would go up significantly. We believe there are other
alternatives to having to live with a landfill in our county and do not
believe these alternatives have been given proper consideration or
research.
2. It would be placed very near the county airport limiting any
future expansion of the airport runway. More importantly the landfill
would pose a serious danger to airplanes in the area as even now
there are scores of buzzards, attracted to the landfill, in the flight
paths. Bird strikes have occured and been documented and there is
potential for more serious accidents.
I The landfill would be placed in the valley which is the most
beautiful part of the county. Not only would it be viewed from the
highway by visitors and tourists but certainly from air as well.
Tourism is important to this county as well as neighboring counties
and to scar this beautiful land with garbage is unthinkable. The
highway, 19-74, that runs through the valley has been designated a
scenic highway which should not include a landfill.
4. The affluent may escape into the Valley River, a known trout
river and again, an attraction for tourists as well as residents.
There is concern about the affluent and its possible effect on
Andrews water supply and that of surrounding property water
supply.

5. There are scores of lovely homes in the valley as well as in the
near mountains surrounding the proposed property for landfill, and
Placing this landfill in the valley would most certainly effect the
value of these homes.
We feel this situation needs your close attention and ask that you
do whatever necessary to assure that this move to a new landfill in
Cherokee County is well thought out and will benefit not only the
beauty of this valley but will give the best economical plan for
residents of this county.
Th nk you for our consideration,
arren S irley Uphouse
3 Burn Br nch
Marble NC 28905
704-837-6007

State of North Cc -)lina
Department of EI ,,,ironment,
Health and Natural Resources 74
• •
Division of Solid Waste Management
James B. Hunt, Jr., Governor p E H N
Jonathan B, Howes, Secretary
William L. Meyer, Director
December 27, 1994
Uaniel U. Lamb
2 Burnt Branch Overlook
Marble, North Carolina 28905
Mr. Lamb:
Thank you for your letters to myself and Mr. William Meyer concerning the
proposed Tri-County Solid Waste Management Authority (Tri-County Authority)
Landfill. In addition, I have been asked to respond to your letter to Mr. Sam Hunt with
the North Carolina Department of Transportation.
The North Carolina Division of Solid Waste Management, Solid Waste Section
(Section) is responsible for reviewing applications for landfill construction. There are
a number of requirements that must be addressed during the approval and permitting
process for proposed landfills. The majority of these requirements are directed toward
environmental and public health protection. The Section's review is conducted under
such applicable law and regulation (North Carolina Solid Waste Management Rules,
15A NCAC 1313).
Your letter contained specific numbered comments regarding the location of the
proposed landfill. I will attempt to respond to these items individually.
Item 1 concerned potential negative visual impact. At this time there are no
specific regulations concerning the siting of a landfill with regards to visual impacts.
The Section does, however, understand these concerns and we actively encourage the
minimizing of visual impacts of new facilities through the use of natural buffers and
screening efforts. The extent to which such measures are employed is essentially a
local decision. The Section recommends that you contact the Tri-County Authority
with these concerns.
Item 2 concerned potential aircraft navigation hazard. New landfill units are
prohibited from being located within 10,000 feet from a public airport that
accommodates turbine powered aircraft. In addition, there are operational requirements
intended to minimize attraction of birds and other wildlife. The North Carolina
Department of Transportation, Division of Aviation, and the Section have investigated
recent reports of bird strikes at the existing landfill and are in the process of informing
the current landfill operators of steps that must be taken to minimize any potential
P,O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

hazard. These operational requirements will be carried over in the operation of any new
landfill.
Item 3 concerned possible pollution of the Valley River. New landfills must be
designed with a composite liner system consisting of a very low permeability clay liner
overlain by a synthetic liner. This type of system is intended to present two distinct
barriers against leakage. In order to monitor the performance of this dual system, the
hydrogeology of the site is investigated to determine the design of a water quality
monitoring system. n a ition, the current landfill, like most older landfills in the State,
is unlined. The Section encourages the closure of these unlined landfills at the earliest
possible practical time in order to lessen the possibility of pollution occurring of just
the type that you mentioned.
Item 4 concerned potential costs associated with a new landfill. The Section
does not receive specific cost estimates for facilities and does not regulate
expenditures for constructing and operating landfills. These economic decisions must
be made by the local community. In general, however, a "ballpark" figure for
constructing a composite liner landfill is approximately $250,000.00 per cell acre. You
may wish to contact the Tri-County Authority for their cost estimates for this specific
facility.
Item 5 concerned the amount of usable land which was purchased. There are
numerous factors and regulations which can affect the amount of land that can be
used for actual cell construction. Among these are wetland restrictions, buffer
requirements, and slope and soil stability requirements. This is by no means a complete
listing of applicable factors as they vary from site to site. The final configuration of a
facility must take into account all of the regulatory requirements as well as sound
engineering design factors. All of these elements typically encroach upon the amount
of land that is actually useable for construction of a landfill facility.
Item 6 concerned potential traffic hazards. State regulatory review of landfill
permit applications are primarily concerned with site, hydrogeological, and engineering
requirements. State regulations also address the proper operation of landfill. At this
time there are no specific requirements concerning traffic that is generated by a
facility. The Section encourages safe operation of waste haulers in all cases in order
to promote safety. Local communities, such as Cherokee County may enact their own
regulations concerning hauling operations in order to enhance safe operations. You
may wish to contact Cherokee County with these concerns.
Item 7 concerned surrounding population in addition to springs and wells. The
same factors that apply to rivers and streams addressed in item 3 also apply to wells
and springs. Again, closure of the existing unlined landfill will have the greatest impact
by far in terms of limiting potential contamination of wells and springs.

Item 8 concerned neighboring property values. As with the potential costs of
constructing a landfill, the state does not receive economic impact information and
does not regulate potential impacts. Again, you may wish to contact the Tri-County
Authority or Cherokee County with this particular concern.
Again, thank you for your inquiry. Hopefully you will have found some of this
information useful. Should you have any other questions or if the Section can provide
any other information, please feel free to contact me at this office at 91 9)—T33=0.6_P?
or the Regional Waste Management Specialist, Mr. Jim Patterson at [phone].
Thank you,
William D. Sessoms, PE
copy: Jim Patterson - DSWM
Bill Meyer - DSWM
Sam Hunt - NCDOT
C:\SESSOMS\PROJECTS\CHEROKEE\LETTER.15

DANIEL G. LAMB
= 2 BURNT BRANCH OVERLOOK a
MARBLE, NORTH CAROLINA 28905
A. Willi=m L. Keyer
Director, Division of Solid ;;ante hana.gen ent
Raleigh; i;C' 27611-7687
nenu 1r:
ce vim iwiting to c 1.1 your attention to the- lr.•o19sed
l it fill to be built in Cherokee County and explain to you
uhy the selected site is unacceptable to the residents of
the. County.
,e use opposed to a 3andfi.11 being built on this 80 acre
tine of commonly known as the nest property, .located. on U. S.
HighwiY 70, in the community of la.rble, Cherokee County,
Nnrth Wrolim. Said proposed londfi_ll site is situated
between Hrty Vt and Pll.ey :fiver and is near the Andrews•-
Nurlby Airport in one of the most scenic valleys in Wentern
Wrth Wralina. Huy 74 is designitol as a. Vorth Carolina
;scenic By WRy and Valley River is ,a prime mountain trout
stream. it is believed that locating a solid waste landfill
at the proposed site: would adversely affect tOLMI m develop-
ment in our area. also, the landfill would attract birds of
prey :•ihi ch could be a safety ha wird to aircraft using the
airport. Wrther, we believe that such a landfill could be
environmentally un. %fe to the residents of the Marble
community.
we are listing for your consideration the following reasons
for not building a landfill on this :.cite:
1 - Negative impact on the moot beautiful valley
in western North Carolina.
2 - Hazard for airplanes entering or leaving ondrec•Is-
Murphy Airport because of the attraction of buzzards.
possible pollution into Valley River from spills.
11 -- t'rohibitive cost factors for small amount of garbage.
- Tess than half of the land being pur.•cYased is usable.
6 Traffic hT2ard with trucks hauling garbage from
three counties.
7 i'ossibley environment•:.11y unsafe due to heavy
population surrounding landfill. Spri.nas and wells
way become cont,%minated.
8. will adversely affect real property v lugs of is h.r(e area,
Wiincerely yours,,
rLc Lr� -✓ p/ <A--
i1:aniel (1. litmb
J';v:+.dene T. famb

3
DANIEL G. LAMB
2 BURNT BRANCH OVERLOOK
MARBLE, NORTH CAROLINA 28905
i`iOVclllb .i: 11i , 10,,1f
:.rr.
Division c-f clid :.wste i` -nageTnen
,ia.leigh, 1],' 2761-,-"�E•7
'e :�11r•e Wr:itinp to c-JI ;your ,xttenLion to the- proposed
L .n;] L i.l L to be built in Cherokee County and explain to you
why the t>elected site is un.tccepta.ble to the resi.(lents of
the ('ounty.
1e are op: osed to a la•ndf_i.11 be.i_ng built on thi:i 80 r.. cre
tract a�)mmonly known as the ;lest property, located on U. S.
Hir;hir=.v 711, in the community of i1a.rble, Cherokee County,
North c; tid proposed 1%-.ndfill site i.; situ AE:d
betri,en Hrry 711 •ind V:,ll.ey 1!1ver and is ne.a.r the Andreris-
iiurphy ltxport in one of -the most scenic valley:_ in Western
lfo.r.th i' 1.rolin H:ry 71' 1.s de-iigri`(Le 7.s .-- north C:.Lrolin
;ceni c By i.ay anil 'Valley River is a. _prime mountain trout
::tr( .m. It is believed that i.cc3.tint; c, solid w:�.ste landfill
;:.t Lhe proposed. site woulrt adversely ,.ffect tourism develop-
ment in our -:.re ;l,�o, the landfill rrou?_d attract birds of
prev v,h i ch could be a :- 3,fety 13 ,. Ltd i:o +aircraft u-;iri; the
r1'aither, ue believe tlra.t such rti l�).n:li'I 1 coa:Ld be
eiiwroni!::�ntally uns =fe, to the rE931.dC_-r1t5 oi' the
coniiiiuni ty.
:1e ��xe listing for your cons ideratl:i.on the follovtinr, reasons
i'or not buildina a landfill on this :3:i.te;
1 - -v'eg;.tive inn--1 .ct on the ino3t be=Lutiful val.ley
in .iester•n florth Carolina..
- Its,2.ard for airplrl.nes ente:rint or leaving t;ndrews-
1•iurphy airport beccuse of the attraction of buzzards.
i`OS[,ible pollution into l -They Hiver froth shills.
It -- Prohibitive cost factors for small amount of garbage.
- bes:s than lialf of the land being purcha ed is us l.ble.
6 Traffic h=.::a.rd w-A th trucks hauling U; lxb.tge from
three counties.
lossi.bltr enviror3ment,:.l.1y unsafe due Lo heavy
populF:.ti.on sur'roundirit� 1.:.ndfill. Sprints and wells
become con tr.- idna.ted .
All FAversely �v.ffect re-e.l pr'oper't.v vv ll. es of it lit.rgE area..
yi:incer'e.Ly y/C.urss
�
9
Poni.el G.
D,nib
Xva.dene T.
I,amb

k
DANIEL G. LAMB
2 BURNT BRANCH OVERLOOK
MARBLE, NORTH CAROLINA 28905
Honorable cram Hunt
5ecretr.ry of Transportp,tion
State of North C­Irolin
Raleigh, NC 27611-7687
lie::.]' ..I 1
!e r re irriti.ng to c-J.1 ,your a LteriLion to the, proposed
ln.rnlf ilt to be built in Cherokee County and explain to you
iihy the .;elc!cted site is un=.ccepta.ble to the residents of
the Co!.]nty.
,e are oPi-osed to a l-+ndf_i..11 bei.n- built on this 80 acre
tr a.rt commonly known as the nest property, loco. ted on U.
1liGhTln.y (111, in the community of iliarble, Cherokee County,
UnrLh E,'a.i.d 1):ropoeied t-.ndfil.l. .:i.te i:; situ:.ted
Tictunr-n filly 74 -in1 PITFy :liver an,l i;, ne-�.r the Andrew-,--
i1ii:vjphy .'�i_rport in one of the mo,3t scenic valleys i.n We::;terr]
llo:r•th Ca.ro.lin;�. Huy 711 is design�Ltcd as a florth (:i.roliti-.
ceni.c 'By ?r Iy and Valley River is apr.:i rle mauni:ain trout
stye:-.m. It is believed that locating a solid waste landfill
...t the proposed site would adversely ;,.ffect tourism devel.op-
Tllent in ou]• .vea. iklso, the 1:3.nfill -viould attract birds of
ixey W i.ch could be a s.a.fet.y h:.l.= :x�i to Eiircrafl: using t'rie
,{.irliort. birther, v!e believe that such a dfill could be
enviroiiment,3.11y uns=fe to the re.,flLclont2 of the i •rble
communiA ;l,
:-le t:.re :1ist.i.ng for your con ;ider�v.-tdcn the fo:lloi•dil- reasons
for not building a landfill on this :]it.e:
1 - Ne: Ai.ve ivip�lct on the most be=I.utiful valley
in iestern florth Carolina..
2 - Hazard for airplanes ente.ri]ig or leaving nndrevis-
i-lurphy Airport ber.a:use of the attraction of buzzards.
1� 1`ossible polluti_an into Tilley River from spills.
11- Yroi-libitive cost factors for small amount of garbage.
- bess than half of the 1-tnd being purchased is usable.
6 '1'ra.ff1c ha.:,a.rd with trucks h=tu.li.ng ga,rb=ige from
three counties.
7 1 ossiblcy envirorimentrA.ly unsrcfe due to heavy
population sur•roundinC 1i:-ndfi ll. Spri.nl s c nd wells-
vo y become cont11-.minated .
8 :!i 1:1 F dversely r.- f'fect r.ee.l. property v:' lues of CL lc:.rae ;area.
,�1�11perely yours,
I'_+niel G. l.;imb
INv:i.dG'rIe `i , f;ilTlla

State of North Cr Mina:V; '
Department of Environment,
Health and Natural Resources � • •
Division of Solid Waste Management
James B, Hunt, Governor ID F
Jonathan B, Howes, Secretary C
William L. Meyer, Director
December 1, 1994
Flex E. Storm
10 Burnt Branch Overlook
Marble, North Carolina 28905
Mr, Storm:
Thank you for your letter concerning the proposed Tri-County Solid Waste Management
Authority (Tri-County Authority) Landfill. This letter is in response to your letters to myself and
Mr. William Meyer.
The selection of a proposed site is made by the local government or agency, in this
case the Tri-County Authority. Once a site is selected, a site study is submitted to the North
Carolina Division of Solid Waste Management, Solid Waste Section (Section), which is
responsible for reviewing applications for landfill construction. There are a number of
requirements that must be addressed during the approval and permitting process for proposed
landfills. The majority of these requirements are directed toward environmental and public
health protection.
The current conceptual plan and site study indicates that the proposed landfill will
comply with regulations concerning proximity to airports. The bird hazard at the existing landfill
that you mentioned has also been examined by the North Carolina Division of Aviation.
Specific recommendations to minimize bird attraction have been made which will be
implemented at the existing facility and, if constructed, will be carried over to the new facility.
Any construction or site development must be in accordance with all applicable laws
and regulations regarding cemeteries. The conceptual landfill plan indicates no impact on the
cemetery. If the overall site is approved, the specific design details will be examined during the
Construction Permit Application review at which time the specifics about protecting the
cemetery and providing access will be addressed.
With regards to your concerns about the aesthetic impact of the proposed landfill on
the view from your home, this issue is outside the purview of State and Federal regulations.
You may wish to contact your local government to see if there can be efforts made to
minimize this impact.
Your letter also raised the issue of the cost of the proposed site. The Section does not
receive specific cost estimates and does not regulate expenditures for constructing and
operating landfills. These economic decisions must be made by the local community. In
general, however, a 'ballpark' figure for constructing a composite liner landfill that complies
P,O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

with current regulations is approximately $250,000.00 per cell acre. You may wish to contact
the Tri-County Authority for their cost estimates for this specific facility.
Again, thank you for your inquiry. Should you have any other questions or if we can
provide any other information, please feel free to contact this office at [phone] or the
Regional Solid Waste Management Specialist, Mr. Jim Patterson at [phone].
Thank you,
William D. Sessoms, PE
copy: Bill Meyer - DSWM
Jim Patterson - DSWM
C:\SESSOMS\PROJECTS\CHEROKEE\LETTER.10

State of North Cc lina
Department of Environment, XT X?FA
Health and Natural Resources •
Division of Solid Waste Management If A
James B, Hunt, Jr., Governor p � H [**'*A F1
Jonathan B, Howes, Secretary
William L. Meyer, Director
December 1, 1994
William A. Cooper and Gail B. Cooper
1 1 1 Sleepy Hollow Drive
Marble, North Carolina 28905
Mr. and Ms. Cooper:
Thank you for your letter concerning the proposed Tri-County Solid Waste Management
Authority (Tri-County Authority) Landfill. This letter is in response to your letter to Mr. William
Meyer.
The North Carolina Division of Solid Waste Management, Solid Waste Section (Section) is
responsible for reviewing applications for landfill construction. There are a number of
requirements that must be addressed during the approval and permitting process for proposed
landfills. The majority of the requirements are directed toward environmental and public health
protection. Included are specific requirements with regards to protection of ground and surface
water as well as airport restrictions. Meeting these requirements must be demonstrated before
approvals and permits can be issued.
Likewise, any construction or site development must be in accordance with all applicable laws
and regulations regarding cemeteries. This must also be demonstrated in the approval and
permitting process.
The Section does not receive specific cost estimates and does not regulate expenditures for
constructing and operating landfills. These economic decisions must be made by the local
community. In general, however, a "ballpark" figure for constructing a lined composite liner
landfill is approximately $250,000.00 per cell acre. You may wish to contact the Tri-County
Authority for their cost estimates for this specific facility.
Again, thank you for your inquiry. Should you have any other questions, please feel free to
contact this office at [phone].
Thank you,
William D. Sessoms, PE
copy: Bill Meyer - DSWM
Jim .Patterson - DSWM
P,O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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r
111 Sleepy Hollow Drive
Marble, North Carolina 28905
November 2, 1994
Mr. William L. Meyer
Director, Division of Solid Waste Management
P. O. Box 27687
Raleigh, North Carolina 27611
Dear Mr. Meyer:
We are very much opposed to the proposition of a landfill being
built on an 80 acre tract of land commonly known as the West
property, located on Highway 74, in the community of Marble, North
Carolina.
This is one of the most beautiful valleys in Western Carolina and
has recently been declared a scenic view highway. The landfill
would have a very negative impact on this highway. There is also
the possibility of pollution into Valley River from spills. It is
said now that Marble has one of the two purest water systems in
North Carolina. We would like to keep it this way.
Less than half of the land being purchased is usable. It has
natural springs, and a Cherokee Burial ground in the unusable
part. Why not find another cost effective piece?
Its location it will be a hazard for airplanes entering Andrews -
Murphy Airport because of the attraction of the buzzards, plus a
traffic hazard with trucks hauling garbage from three counties.
Besides the prohibitive cost factors for this, and the possibility
of it being environmentally unsafe due to heavy population
surrounding the landfill, the residents of Andrews and Marble don't
want a landfill in their back yards. They have had it for the last
twenty years, it's time to share this with other sections of the
county.
Thank you for your consideration to this most important problem.
Sincerely yours,.
William A. Cooper
Gail B. Cooper

State of North Cc lina
Department of Environment, FWMA,
Health and Natural Resources 4 •
Division of Solid Waste Management
James B, Hunt, Jr., Governor � C
Jonathan B. Howes, Secretary C
William L Meyer, Director
December 1, 1994
vvnnam H. cooper ana Vail tt. Uooper
111 Sleepy Hollow Drive
Marble, North Carolina 28905
Mr. and Ms. Cooper:
Thank you for your letter concerning the proposed Tri-County Solid Waste Management
Authority (Tri-County Authority) Landfill. This letter is in response to your letter to Mr. William
Meyer.
The North Carolina Division of Solid Waste Management, Solid Waste Section (Section) is
responsible for reviewing applications for landfill construction. There are a number of
requirements that must be addressed during the approval and permitting process for proposed
landfills. The majority of the requirements are directed toward environmental and public health
protection. Included are specific requirements with regards to protection of ground and surface
water as well as airport restrictions. Meeting these requirements must be demonstrated before
approvals and permits can be issued.
Likewise, any construction or site development must be in accordance with all applicable laws
and regulations regarding cemeteries. This must also be demonstrated in the approval and
permitting process.
The Section does not receive specific cost estimates and does not regulate expenditures for
constructing and operating landfills. These economic decisions must be made by the local
community. In general, however, a "ballpark" figure for constructing a lined composite liner
landfill is approximately $250,000.00 per cell acre. You may wish to contact the Tri-County
Authority for their cost estimates for this specific facility.
Again, thank you for your inquiry. Should you have any other questions, please feel free to
contact this office at [phone].
Thank you,
I
William D. Sessoms, PE
copy: Bill Meyer - DSWM
Jim Patterson - DSWM. ,
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX 919-71&3605
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MEMORANDUM
Regional Geology of Proposed Landfill Area
Near Marble, Cherokee County NC
GAI Consultants -NC, Inc.
December 1993
Project No. 93166.02
The proposed landfill site is shown on Plate 1 and is located in the Blue Ridge physiographic and tectonic
province which is characterized by steep mountains with generally narrow stream and river valleys. The
site is located in the valley of the Valley River.
The site lies on the north side of the Murphy syncline. The metamorphosed sedimentary rocks strike
northeast and dip southeast between 50 and 90 degrees (Dodson, 1968). The formations (Power and
Forrest, 1971), in stratigraphically descending order, are:
• Mineral Bluff Formation,
• Nottely Quartzite,
• Andrews Formation,
• Murphy Marble, and
• Brasstown Formation.
The formations likely to be encountered at the proposed site, based on the map in Power and Forrest,
1971 are: Mineral Bluff Formation, Andrews Formation, and Murphy Marble and possibly the Nottely
Quartzite. The lithology of each unit is described below.
The Mineral Bluff formation is a quartz-sericite schist or phyllite with varying thicknesses (generally less
than 10 feet) of quartzite beds. Minor beds of blue slate, garnet -mica schist, and biotite schist occur
throughout the formation (Power and Forrest, 1971, p.11).
The Nottely Quartzite is an orthoquartzite that is thin to medium -bedded, medium grained, and exhibits
abundant cross -bedding (Power and Forrest, 1971, p.10). In the area being considered for the new landfill,
this unit was not mapped and may be included in the overlying Mineral Bluff formation.
The Andrews formation is a thin calcareous greenish gray to dark blue -gray schist which consists of
alternating layers of marble and cross-biotite schist (Power and Forrest, 1971, p.8). The formation
weathers to a varicolored saprolite with abundant lenses and concretions of brown limonite.
The Murphy Marble underlies the Andrews formation. The marble is both calcareous and dolomitic with
the dolomite generally being at the top. Talc is also present (Power and Forrest, 1971, p.7).
Although probably not present at the site, the lowermost formation is the Brasstown. This unit is a gray
to dark gray, thin -bedded schist and micaceous quartzite (Power and Forrest, 1971, p.5).
The rocks in this region have undergone four periods of deformation. Each deformation period resulted
in its own folds and schistosity and/or cleavage which modified the previous folds and produced a different
orientation for the folds and schistosity. This has resulted in a complex pattern of cross -cutting schistosity,
cleavage, and folds. In addition to the periods of deformation, the original sedimentary rocks have
undergone at least two periods of metamorphism. Each of these metamorphic periods resulted in a
modification to the original mineralogy.
Although faults exist in the Murphy syncline and belt, none are reported for the proposed area (Power and
Forrest, 1971). There are no known Holocene Faults in the area or at the proposed site (Howard, et al,
1978). This area is in a seismic impact zone (Algermission, et al, 1990).

Page 2
Bibliography
Algermissen, S. T., Perkins, D. M., Thenhaus, P. C., Hanson, S. L., and Bender, B. L., 1990, Probabilistic
Earthquake Acceleration and Velocity Maps for the United States and Puerto Rico: U. S.
Geological Survey Miscellaneous Field Studies Map MF-2120, scale 1:7,500,000.
Dodson, C. L., 1968, Geology and Ground -Water Resources of the Murphy Area, North Carolina North
Carolina Department of Water & Air Resources, Division of Ground Water, Bulletin 13, 113 p.
Howard, K. A., Aaron, J. M., B Brabb, E. E., Brock, M. R., Gower, H. D., Hunt, S. J., Milton, D. J.,
Muelhberger, W. R., Nagata, J.K, Plafker, G., Prowell, D. C., Wallace, R. E., and Witkind, I. J.,
1978, Preliminary map of young faults in the United States as a guide to possible fault activity:
U. S. Geological Survey Miscellaneous Field Studies Map MY-916, scale 1:5,000,000.
Power, W. R., and Forrest, J. T., 1971, Stratigraphy and Structure of the Murphy Belt, North Carolina -
Carolina Geological Society Field Trip Guidebook, 29 p.
Edward S. Custer, Jr., Ph.D., P.G.
Staff Geologist

January 19, 1994
MEMO TO: Bill Sessoms
Solid Waste Section
FROM: Jim Patterson6
Waste Management Specialist
SUBJECT: Cherokee Co. Landfill Site Task Force Evaluation
My evaluation of the West Property located off of Highway 19-129/74 in the Marble
Section of Cherokee County as a potential solid waste disposal facility is as follows:
Site location - This property is located at a good central location to serve Cherokee,
Clay, and Graham Counties.
Site access - Property is located adjacent to Highway 19-129/74 which is a four -lane
highway and access into the property should be relatively easy. Roads could be
developed with minimal slopes.
Buffers - The property is bordered by the Valley River on its southern boundary, by
Highway 19-129/74 on its northern boundary, by a small stream on its western
boundary, and by private property on its eastern boundary. Since the Valley River is
the southern property boundary and is most likely the discharge area for the
groundwater from the property, a 300 ft. buffer from the disposal area to the River
would be created, thus establishing an area for monitoring and remediation if needed.
Topography - The property is, for the most part, located on a hillside with a small
amount of property lying in the floodplain alongside the Valley River. The slopes of
the hillside are relatively gentle and should cause no development or construction
problems.
Proximity to residences - Five homes are located to the south of the property,
probably at least 1000 ft. away on the opposite side of the Valley River and in an
entirely different drainage feature. The only impact the location of a landfill on this
property would pose to these homes would be visual (the houses could see the landfill
operation) .

MEMO: Bill Sessoms
January 19, 1994
Page 2
Site development - A landfill could be developed on the property so that it would not
be visible from Highway 19-129/74.
Proximity to airport - The property is located only 11,000 ft. from the Cherokee
County Airport and any extension of the runway of over 1,000 ft. in the direction of
the West pf!operty would place the airpeft closer to the PFOPOsed landfill site than- the--
N. C. Solid Waste Rules specify, which is 10,000 ft. for jet aircraft.
Proximity to sewer system - The landfill site is located only about 1,000 ft. from the
Town of Andrews' sewer line at the OMC Plant. This would provide an easy means
of dealing with leachate generated at the landfill site.
In conclusion, in my opinion this site has enough good points to merit further
consideration as a solid waste disposal facility.
cc: Julian Foscue

NATURAL HERITAGE ELEMENTS AND SPECIES STATUS CODES
The attached output from the N.C. Natural Heritage Program database is a listing of
the elements (rare species, geologic features, natural communities, and special
animal habitats) known to occur in your geographic area of interest. The
information on this printout is compiled from a variety of sources, including field
surveys, museums and herbaria, literature, and personal communications. The
database is dynamic, with new records being added and old records being revised as
we receive new information. The enclosed list cannot be considered a definitive
record of natural heritage elements, and it should not be considered a substitute
for field surveys. When this information is used in any document, we request that
the printout date be given and that the Natural Heritage Program be credited.
This cover sheet explains the four columns of status codes that are given on the
right-hand side of the printout.
STATE PROTECTION
CODE
STATUS
CODE
STATUS
E
Endangered
SR
Significantly Rare
T
Threatened
V
Vulnerable
SC
Special Concern
UNK
Undetermined
C
Candidate
EX
Extirpated
P
Proposed (E, T, or C)
Plant statuses are determined by the Plant Conservation Program (N.C. Dept. of
Agriculture) and the Natural Heritage Program (N.C. Dept. of Environment, Health,
and Natural Resources). E, T, and SC species are protected by state law (the Plant
Protection and Conservation Act, 1979); C and SR designations indicate rarity and
the need for population monitoring and conservation action, as determined by the
Plant Conservation and Natural Heritage Programs.
Animal statuses that indicate state protection (E, T, and SC) are published in
"Endangered Wildlife of North Carolina", March 16, 1992, N.C. Nongame and Endangered
Wildlife Program. The Significantly Rare, Undetermined, Vulnerable and Extirpated
statuses are (for the most part) Natural Heritage Program designations. They
indicate rarity and the need for population monitoring and conservation action.
FEDERAL PROTECTION
The current federal status is listed in "Endangered and Threatened Wildlife and
Plants, July 15, 1991 (50 CFR 17.11 & 17.12, Department of the Interior).
Definitions are taken from the Endangered Species Act of 1973, as amended through
the 100th Congress (1988), and the Federal Register, Part VIII, November 21, 1991
(50 CFR 17, Department of the Interior).
CODE
STATUS
DEFINITION
E
Endangered
A taxon which "is in dancer of extinction
throughout all or a significant portion of its
range"
T
Threatened
A taxon "which is likely to become an endangered
species within the foreseeable future throughout
all or a significant portion of its range"
P_
Proposed
A taxon which has been proposed for official
listing as endangered or threatened
L_
Listed
A taxon which has been officially listed as
endangered or threatened
Cl
Category 1
A taxon which is under consideration, and for
("Candidate 1")
which there is sufficient information to support
listing

C2 Category 2 A taxon which is under consideration, but for
("Candidate 2") which there is insufficient information to support
listing
3A Category 3A A taxon which was formerly under consideration for
("Candidate 3A") listing, but for which there is "persuasive
evidence of extinction"
3B Category 3B A taxon which was formerly under consideration for
("Candidate 3B") listing, but which current taxonomic understanding
does not support as a distinct entity meeting the
Endangered Species Act's definition of "species"
3C Category 3C A taxon formerly under consideration for listing,
("Candidate 3C") but which has been "proven to be more abun ant or
widespread than previously believed and/or (which
is) not subject to any identifiable threat"
GLOBAL AND STATE RANK
These ranks are determined by The Nature Conservancy's system of measuring rarity
and threat status. "Global" refers to worldwide and "State" to statewide.
RANK DEFINITION
G1 Critically imperiled globally because of extreme rarity or otherwise
very vulnerable to extinction throughout its range
G2 Imperiled globally because of rarity or otherwise vulnerable to
extinction throughout its range
G3 Either very rare and local throughout its range, or found locally in
a restricted area
G4 Apparently secure globally, although it may be quite rare in parts
of its range (especially at the periphery)
GS Demonstrably secure globally, although it may be quite rare in parts
of its range (especially at the periphery)
GH Of historical occurrence throughout its range
GX Believed to be extinct throughout its range
GU Possibly in peril but status uncertain; more information is needed
G? Unranked, or rank uncertain
Q Of questionable taxonomic status
T_ Status of subspecies or variety; the G rank refers to the species as
a whole
State rank codes follow the same definitions, except the words "in the state" should
be substituted for "globally" or "throughout its range." Also, there are four
additional state ranks:
RANK DEFINITION
SR Reported from North Carolina, but without persuasive documentation
H Rank of the breeding population in North Carolina; used only for
migratory species
_N Rank of the non -breeding population in North Carolina; used only for
migratory species
_Z_ Population is not of significant conservation concern; applies to
transitory, migratory species
2/4/93
N.C. Natural Heritage Program P.O. Box 27687
Division of Parks and Recreation Raleigh, NC 27611

v
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
February 23, 1994
To: Paul Jordan
Tri-County Solid Waste Management Authority
115 Peachtree Street
Suite 103
Murphy, North Carolina 28906
From: Bill Sessoo�
Cherokee County Task Force Coordinator
Solid Waste Section
Ref: Cherokee County Landfill Site Task Force Evaluation
INTRODUCTION
On Thursday, January 13, 1994 the Solid Waste Section along with members of other State
Agencies participated in a site evaluation of the proposed lined Municipal Solid Waste Landfill
for the Tri-County Solid Waste Management Authority. This proposed landfill will serve as the
municipal solid waste disposal facility for Cherokee County, Clay County, and Graham County.
The following individuals participated in the site visit:
North Carolina Agency Participants
Kerry Beeker Division of Environmental Management - Water Quality
Fred Hankinson Division of Environmental Management - Groundwater
Don Link Division of Environmental Management - Groundwater
Al Slagle Division of Environmental Health - Public Water Supply
Julian Foscue
Solid Waste Section - Western Area Supervisor
Bobby Lutfy
Solid Waste Section - Hydrogeology
Jan McHargue
Solid Waste Section - Western Area Engineer
Jim Patterson
Solid Waste Section - Regional Waste Management Specialist
Bill Sessoms
Solid Waste Section - Permitting
Mike Mauney North Carolina Forest Service - County Ranger
Mike Shealy North Carolina Forest Service
Henry Wilson North Carolina Forest Service
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
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Tri-County Solid Waste Management Authority
Landfill Site Task Force Evaluation
Page 2
Jeffrey Brooks North Carolina Wildlife Resources Commission
David Moore Division of Archives and History
Inge Smith Division of Parks and Recreation - Natural Heritage Program
(Provided review of site location information. Was unable to participate
in site visit.)
Cherokee County and Tri-County Solid Waste Management Authority Participants
Robert Allen Cherokee County Landfill
Bill Green Cherokee County Manager
Paul Jordan Tri-County Solid Waste Authority
Wayne Sullivan Municipal Engineering
The following summary of North Carolina Agency findings and accompanying memoranda are
presented in the above order. The order of presentation in no way reflects a priority or order
of importance in the task force findings and recommendations.
SUMMARY OF FINDINGS
A very brief summary of key points presented in the participants memorandums is presented
as follows. The complete memoranda are attached for further information and details.
Division of Environmental Management, Water Quality Section
• No impact to water quality is anticipated with anticipated construction and
management practices.
• Town of Andrews wastewater treatment plan has sufficient capacity to treat
anticipated leachate quantities.
• Leachate holding and pretreatment facilities should be constructed.
• OMC pump station capacity should be evaluated and modified if necessary.
• Plans and specifications for sewer lines, pump stations, and pretreatment facilities
require review by Agency and issuance of non -discharge permit.
• Valley River and Hyatt Creek are Class C trout streams. Un-named tributaries carry the
same classification. 50 foot setbacks are required for these streams.
Division of Environmental Management, Groundwater Section
• Site deserves further consideration for location of a landfill facility.

Tri-County Solid Waste Management Authority
Landfill Site Task Force Evaluation
Page 3
Division of Environmental Health, Public Water Supply
• No comments at this time.
•Would like opportunity to review design, site, and geologic data as It becomes
available.
Division of Solid Waste Management, Solid Waste Section - Hydro -geology
• Ground water flow direction, flow rate, and on -site discharge point(s) must be
determined.
• Owner/operator control of on -site discharge point(s) is essential for monitoring and
potential remediation.
• Based on topography, Valley River is most probable discharge point.
• Based on topography, probable good hydrologic control of site.
• 300 foot buffers are required at property boundaries including the streams that form
the property boundary on three sides. In addition, due to the trout stream
classification, the interior tributary streams may warrent additional buffer protection.
• Site has desirable characteristics and deserves additional consideration.
Division of Solid Waste Management, Solid Waste Section - Operations
• Good central location for anticipated service area.
• Good highway access.
• Topography of cell area should cause no construction or development problems.
• Five homes are located approximately 1,000 feet from landfill. Any potential impact
appears to be limited to visual.
• Site can be developed to limit visibility from Highway 19-129/74.
• Site is approximately 1 1,000 feet from the Cherokee County Airport. Expansion of
airport could have regulatory impact.
• Site has close proximity to sewer treatment facilities.
• Site has good points and merits further consideration.

Tri-County Solid Waste Management Authority
Landfill Site Task Force Evaluation
Page 4
Division of Forest Resources
• Little timber value on the area.
• Site contains fields, low quality mixed hardwoods, scattered pines.
• Development of site would not adversely effect present timber production potential of
the area.
• Recommend salvaging any pulpwood or saw timber during construction.
• Prevent sedimentation and construction damage to forest land outside the construction
limits.
• Avoid skinning of trees, soil compaction and root exposure or injury, adding fill dirt
over root systems, petroleum or other damaging substances.
• Debris burning will require a permit.
• Practice fire protection:
Maintain sufficient exposed mineral soil when burning.
Have competent fire watchmen present during burning.
Ensure machinery is in good working order with exhaust systems that will
prevent starting fires.
Take precautions with winter warming fires.
Avoid smoke management problems when burning.
Wildlife Resources Commission
• Protection of fishery resources of Valley River is a major concern.
• Valley River is designates as hatchery -supported trout waters and is regularly stocked
with trout.
• Prevent siltation of waters.
• Recommend minimum of 100 foot undisturbed (natural vegetation) buffers on streams.
• Immediately remedy any erosion problems during construction.

Tri-County Solid Waste Management Authority
Landfill Site Task Force Evaluation
Page 5
• Establish permanent seeding of any disturbed land or overburden storage areas which
would remain exposed for extended periods.
watersheds.
• Cover any waste as soon as is possible to prevent attracting occasional bears and to
prevent concentrations of scavenging birds.
Department of Cultural Resources, Division of Archives
• No comment on project as currently proposed.
• Floodplain area are potential significant archaeological resource areas.
Division of Parks and Recreation, Natural Heritage Program
• Review of records indicate finding a Significantly Rare Plant (Frasera caroliniensis)
nearby.
• List of rare species found in Cherokee County is enclosed.
CONCLUSIONS
The overall view of the Task Force participants is that there does not appear to exist any
specific feature or features that would prohibit the selection of this site for a municipal solid
waste landfill. The Solid Waste Section concludes that further consideration of this site is
warranted. This conclusion does not constitute site approval. Site approval is dependent upon
a full review of a comprehensive site study. The observations resulting from this Task Force
were limited in scope. A full site analysis must be undertaken to fully ascertain the
characteristics of the site.
The comments of the various Agencies are intended to assist in developing a site and
construction plan that will minimize potential impacts to the environment and public health.
The Tri-County Authority is encouraged to take into consideration the comments and
suggestions presented in the accompanying memoranda. Most of the suggestions and findings
should be addressed during the site approval process. There are some items, such as fire
protection/prevention and bear attraction management plans, that are more appropriate for
inclusion in a construction permit application.
Due to the close proximity of the Cherokee Airport, and the intent of the airport proximity
rules, the site application must demonstrate that landfill units will not be within 10,000 feet
of runways used by turbine powered craft.

Tri-County Solid Waste Management Authority
Landfill Site Task Force Evaluation
Page 6
Site approval and any subsequent permits are subject to the North Carolina Solid Waste
Management Rules, 15A NCAC 13B Section .1600. More specifically, Section .1603(a)(1),
New Facility. Site approval process and rules are contained in Section .1618.
Please note that a public meeting informing the local community is required prior to obtaining
local government approval for a solid waste landfill [.1618(c)(5)(A)(i)). Notify the Solid Waste
Section, through the Regional Waste Management Specialist, Mr. Jim Patterson, of the date,
time, and location of the public meeting as soon as it is scheduled.
The Tri-County Solid Waste Management Authority is reminded of the following milestone
dates contained in our correspondence of September 21, 1993:
Submittal of Permit Application for a Lined MSWLF Unit April 9, 1994
Commence operation of Lined MSWLF Unit and Closure of Existing Unit October 9, 1996
If construction and approval for operation of a lined unit cannot be meet on or before October
9, 1996, the Existing Unit must be closed and solid waste disposed of in an approved,
permitted lined facility.
The site approval application should thoroughly address and document all items required in
the Site Study rules. Complete hydrogeologic study and characterization of the site is of vital
importance in approving any site for a disposal facility. Clear presentation and documentation
in the application will help facilitate and expedite the review process.
The Section looks forward to working with the Authority on the permitting of a lined facility.
Should the Authority have any questions, or if the Section can provide any assistance, please
do not hesitate to contact the Regional Waste Management Specialist, Jim Patterson at (704)
251-6452, the Raleigh permitting staff, Bobby Lutfy or Bill Sessoms at [phone], or
the Western Area Supervisor and Engineer, Julian Foscue and Jan McHargue at (910) 896-
7007.
ACKNOWLEDGEMENT
The Solid Waste Section and participating Task Force members appreciate the opportunity the
Tri-County Authority has given to allow planning input and evaluation.
The Solid Waste Section would also like to thank the Task Force participants for their efforts.
Time and resource limitations at many Agencies often make it difficult provide the level of
service and assistance that is desirable. The Section was very pleased with the evaluations
and efforts put forth during this effort.
In addition, scheduling conflicts are often difficult to overcome when planning a site visit and
evaluation. The Section would like to thank the participants for the cooperation received in
scheduling this site visit and for the rapid evaluation response time.

Tri-County Solid Waste Management Authority
Landfill Site Task Force Evaluation
Page 7
The Solid Waste Section looks forward to working with the various Agencies on future
projects.
copy: Jim Coffey - DEHNR
Task Force Participants
Wayne Sullivan - Municipal Engineers
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OPERATIONAL PLAN FOR CHEROI EE COUNTY
The County of Cherokee will operate their existing landfi:l until t} eVe:.d—�t� ri9i. The
Transition Plan includes a vertical expansion which will be the plan by %vhich the landfill is
filled. The County has been operating under the trench method and now will have to fill
with the area type fill. The daily fill should be maintained in the smal!est area possible and
r
Daily Cover will be the comoination of soil and synthetic cover. The synthetic cover will
be used on days that the next days fill will be placed directly on top of the fill. Soil cover
will be used when the next days waste will not be placed directly on top and the synthetic
cover is not large enough to cover the entire area. (See cover requirements under
operational requirements) j i X; T o t F1 L �- c t, c✓ JL s f'r� G n,5t
The County will implement a program at the landfill for detecting and preventing the
disposal of hazardous and liquid wastes. The program shall consist of random inspection
of incoming loads at a minimum of 1% of the weekly traffic. LandE it personnel will be
trained to recognize hazardous and liquid wastes. Records shall be kept on the training
and the inspections. (See Appendix I)
The County of Cherokee shall monitor for explosive gases of landfill structures and
prope ty boundaries. The concentration of methane gases generated by the landfill cannot
exceed 25 percent of the lower explosive limit for methane in the structures, and it cannot
exceed the lower explosive limit for methane of the landfill prope Ly boundary, (See
Appendix II) If methane gas is found to exceed the acceptable limits at either the property
boundary or landfill structures, it is the County's responsibility to do the following:
Immediately take all necessary steps to ensure protection of human health and
notify the Division of Solid Waste Management.
2. Within seven days of detection, place in the operating record the methane gas
levels detected and a description of the steps taken to protect human health; and
3. Within 60 days of detection, implement a remediation plan for the methane gas
release, place a copy of the plan in the operating record, and notify the Division of
Solid Waste Management that the plan has been implemented. The plan shall
describe the nature and extent of the problem and the proposed remedy.
Oft" and on site erosion shall be controlled through erosion control structures and devices.
Provisions for a vegetative ground cover sufficient to restrain erosion shall be
accomplished within 30 working days or 120 calendar days upon completion of any phase
of landfill development.
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0P—vRATIC'+AL REQUI EINIEti T S
Waste acceptance and Disposal Requirements_
a. The Municipal Solid Waste Landiil (MiSWLF) will only accept those solid
wastes which it is permitted to receive. Cherokee County will notiry the
Division within 24 hour of attempted disposal of any waste the landfill is
not permitted to receive, inciuding waste from outside the Cherokee
County area the landfiil is perrnined to serve.
b. The following wastes are prohibited from disposal at the NIS`vIF:
i. Hazardous waste as defined within 15ANCAC 13)A, to also include
hazardous waste from conditionally exempt small quantity
generators.
H. Polychlorinated biphenyls (PCB) wastes as defined in 40 CFR 761.
iii. Liquid wastes unless the container is a small container similar in
size to that normally found in household waste; the container is
designed to hold liquids for use other than storage; or the waste is
household waste.
C. Spoiled foods, animal carcasses, abattoir waste, hatchery waste, and other
animal waste delivered to the disposal site shall be covered immediately.
d. Asbestos waste shall be managed in accordance with 40 CFR 61. The
waste shall be covered immediately with soil in a manner that will not cause
airborne conditions and must be disposed of separate and apart from other
solid wastes:
i. At the bottom of the working face or;
ii. In an area not contiguous with other disposal areas. Separate areas
shall be clearly designated so that asbestos is not exposed by future
land disturbing activities.
e. Wastewater treatment sludges may be accepted either as a soil conditioner
or co -disposed in the lined area.
f. Cherokee County will implement a program at the Landfill for detecting
and preventing the disposal of hazardous and liquid wastes. (Appendix I)
This program will include, at a minimum:
c:winworc�repor&*pr ematdoc

r ,
1
The Ccun:v cf Chierckec %,iii record and retain at the lad it an epe-_.: _ record of the
following information:
1. Inspection records, waste determination records, and training Y. edures;
Amounts by weight of solid waste received at the landfill to :::dude source of
generation;
3. Gas monitoring results and any remediation plans;
4. Any demonstration, certification, findings, monitoring, testing or analytical data
required for surface and ground water monitoring;
Any monitoring, testing or analytical data required fcr clOS'_'7e or post -closure;
and,
6. Any cost estimates and financial assurance documentation.
All information contained in the operating record shall be furnished upon request to the
Division of Solid Waste Management or be made available at all reasonable times for
inspection by the Division.
Ground and surface water shall be sampled and analyzed accorcing to Subtitle D
Appendix I detection monitoring requirements. The monitoring frequency for all
Appendix I detection monitoring constituents shall be at least semiannual during the life of
the facility (including closure) and the post -closure period. A minimum of four
independent samples from each well (background and downgradient) shall be collected
and analyzed for the Appendix I constituents during the first semiannual sampling event.
At least one sample from each well (background and downgradient) sl.all be collected and
analyzed during subsequent semiannual sampling events. 5)w(_,Nc 5'Prr1f cf; - i 5►m,p4
C(r Ct , i�i �{ !md t),c vl 3 �r�;�- "�)�,n 1 �% iffy.
If the County of Cherokee determines that there is a statistically significant increase over
background for one or more of the constituents listed in Appendix I at any monitoring
well at the relevant point of compliance, the County shall, within 14 days of the finding,
report to the Division of Solid Waste and place a notice in the operating record indicating
which constituents have shown statistically significant changes from background levels.
The County shall establish an assessment monitoring program within 90 days. The County
may demonstrate that a source other than the landfill caused the contamination or that the
statistically significant increase resulted from an error in sampling, analysis, statistical
evaluation, or natural variation in ground -water quality. A report documenting these
demonstrations shall be certified by a Licensed Geologist or Professional Engineer and
approved by the Division of Solid Waste. A copy of this report shall be placed in the
operating record. If a successful demonstration is made, documented, and approved by
the Division, the County may continue detection monitoring. If after 90 days, a successful
demonstration is not made, the County shall initiate an assessment monitoring program.
c:'.Win Wor(Preports',oppdoc. VO

Pa'e 2
Random inspections of incoming loads or ogler comparable
procedures;
ii. Records of any inspections;
iii. Training of facility personnel to recognize hazar; pus and liquid
wastes.
iv. Development of a contingency plan to properly manage any
identified hazardous and liquid wastes. The plan must address
identification, removal, storage and final deposition of the waste.
2. Cover material requirements
a. Except as in Part (b), Cherokee County must cover disposed solid waste
with six inches of earthen material at the end of each operating day, or at
more frequent intervals if necessary, to control disease vectors, fires, odors
blowing litter, and scavenging.
b. Alternative materials such as synthetic cover may be used as daily cover on
the working face or until it is necessary to cover with earthen material.
The alternative material must be applied according to manufacturers
recommendations. (Appendix H)
C. Areas which will not have additional wastes placed on them for 12 months
or more, but where final termination of disposal operations has not
occurred, shall be covered with a minimum of one foot of intermediate
cover.
3. Disease vector control
a. Cherokee County will prevent or control on -site populations of disease
vectors using techniques appropriate for protection of human health and
the environment.
b. 'Disease vectors" means any rodents, flies, mosquitoes, or other animals,
including insects, capable of transmitting disease to humans.
4. Explosive gases control
a. Cherokee County must ensure that:
i. The concentration of methane gas generated by the landfill does not
exceed 25 percent of the lower explosive limit for methane in
c:winuordreports`op ei4metdoc

Pa 2 e 3
landi :i structures (excluding gas conirei er e- system
�C h�5 ir�rr{i�� , components); and
to Pry,•"fi H. The concentration of methane gas does not exceec' the lower
5A1- ,n c, us5►15 explosive limit for methane at the landfill prope.rty bcunc:rv.
b. Cherokee County will implement a routine methane monitos:n= program to
ensure that the standards of 4 (a) are met. (Appendix III)
i. The type and frequency of monitoring must be dete=Ined based on
the following factors:
I. Soil conditions;
H. The hydrogeologic conditions surrounding the facility;
III. The hydraulic conditions surrounding the facility;
IV. The location of facility structures and property boundaries.
ii. The minimum frequency of monitoring shall be quarterly.
C. If methane gas levels exceeding the limits specified in 4 (a) are detected,
the owner or operator will:
i. Immediately take all necessary steps to ensure protection of human
health and notify the Division of Solid Waste Management.
ii. Within seven days of detection, place in the operating record the
methane gas levels detected and a description of the steps taken to
protect human health; and
H Within 60 days of detection, implement a remediation plan for the
methane gas releases, place a copy of the plan in the operating
record, and notify the Division of Solid Waste Management that the
plan has been implemented. The plan shall describe the nature and
extent of the problem and the proposed remedy.
d. "Lower explosive limit" means the lowest percent by volume of a mixture
of explosive gases in air that will propagate a flame at 25' C and
atmospheric pressure.
c:winw or&rcpor&opregmet doc

Faze
5. Air Criteria
a. Cherokee Coun:y will ensure that the landfill does not violate any
aopiicai:ie requirements developed under a State Imcie:nentation Plan
(SIP) approved or promulgated by the US. EPA Administ-ator pursuant to
Section 110 of the Clean Air Act, as amended.
_ b. Open bur-ung of solid waste, except for the infrequent burning of land
ited. Any such infrequent burning will be approved by
operations, is proiub
the DVision of Solid Waste Management.
C. Equipment will be provided to control accidental fires or a iangements will
be made with the local fire protection agency to immedia:eiy provide fire-
fiahtina services when needed.
d. Fires that occur at the landfill will be reported to the Division of Solid
Waste Manaaement within 24 hours and written notification will be
submitted within 15 days.
6. Access and safety requirements
a. The landfill will be adequately secured by means of gates, chains, beams,
fences and other security measures approved by the Division of Solid
Waste Management to prevent unauthorized entry.
b. An attendant will be on duty at the site at all times while it is open for
public use to ensure compliance with operational requirements.
C. _ The access road to the site will be of ail -weather construction and
`' maintained in _rood condition, rF)hP3._ /i1(xc1 �*�-���«I �; �u„Jrcl5
�r'chlc �t�s i�ti� t� �i ess c3u r )►�
c F d. Dust control measures wt11 be implemented when ne,cessary.
e. Signs providing information on tipping or disposal procedures, the hours
during which the site is open for pubic use, the permit number and other
pertinent information will be posted at the site entrance.
f. Signs will be posted stating that no hazardous or liquid waste can be
received.
g. Traffic signs or markers will be provided as necessary to promote an
orderly traffic pattern to and from the discharge area and to maintain
efficient operating conditions.
c:•xinWor&',opre,qw.,-Ld,>L

p ;2e
h. T;-.e remov_i of solid waste from t1le la cfil will be prchibited unless the
County aperoves and the removal is not performed en the working face.
L Barrels and drums wiil not be disposed of unless they are empty and
pe -orated sufficiently to ensure that no liquid or hazardous waste is
contained therein, except fiber drums containing asbestos.
7. Erosion and Sedimentation Control Requirements
a. Adequate sediment control measures (structures or devices), u-111 be
utilized to prevent silt from leaving the landfill.
b. A -'equate sediment control measures (structures or devices), will be
utilized to prevent excessive on -site erosion.
C. Provisions for a vegetative around cover sufficient to restrain erosion will
be accomplished within 30_working days or 120 calendar days upon
completion of any phase of landfill development.
8. Drainage Control and Water Protection Requirements
a. Surface water will be diverted from the operational area.
b. Surface water will not be impounded over or in waste.
C. Solid waste will not be disposed of in water.
d. Leachate will be contained on site and properly treated prior to discharge.
e. The landfiil will not:
(i) Cause a discharge of pollutants into waters of the United States,
including wetlands, that violates any requirements of the Clean
Water Act, including, but not limited to, the National Pollutant
Discharge Elimination System (NPDES) requirements pursuant to
Section 402.
(ii) Cause the discharge of a nonpoint source of pollution to waters of
the United States, including wetlands, that violates any
requirements of an area -wide or state-wide water quality
management plan that has been approved under Section 208 or 319
of the Clean Water Act, as amended.
cnvmword'reports,.o��_ 4-

rage b
9. Liquids Restriction
a. Bulk or non-container,17ed liquid waste , ill not be placed in the landfill
unless:
i� AJOT- LiNj; (i) The waste is household waste other than septic waste and waste oil,
f��t���e-}-1,��` tt,►}�r�zt.syyy
�}r�►� t h� pl�x �h I�zE,l� (ii) The waste is leachate or gas condensate derived from the landfill.
b. Containers holding liquid wastes will not be placed in the landfiil unless:
(i) The container is a small container siMlilar in size to that normally
found in household waste;
The container is designed to hold liquids for use other than storage,
or
(iii) The waste is household waste.
C. For the purpose of this paragraph:
(i) Liquid waste means any waste material that is deterrmned to
contain "free liquids" as defined by Method 9095 (Paint Filter
Liquids Test), S. W. 846.
10. Recordkeeping Requirements
a. Cherokee County NISWLF will record and retain at the facility, or an
alternative location near the facility approved by the Division of Solid
Waste Management, in an operating record the following information as it
becomes available.
(i) Inspection records, waste determination records, and training
procedures,
(ii) Amounts by weight of solid waste received at the landfill to include
source of generation.
(iii) Gas monitoring results and any remediation plans;
(iv) Any demonstration, certification, findings, monitoring, testing or
analytical data required for surface and groundwater monitoring;
(v) Any monitoring, testing or analytical data required for closure or
post -closure; and,
c:•,kinworo� %o� d-

Pate 7
(,,i) Any cost estimates and financial assurance documentation.
b. All information contained in the operating record will be furnished upon
request to the Division of Solid Waste Management or be made available at
all reasonable times for inspection by the Division.
11. Spreading and Compacting Requirements
a. The landfill will restrict solid waste into the smallest area feasible.
b. Solid waste will be compacted as densely as practical into cells.
C. Appropriate methods such as fencing and diking will be provided within the
area to confine solid waste subject to be blown by the wind. At the
conclusion of each day of operation, all windblown material resulting from
the operation will be collected and returned to the area. v
C:winwor&rq>om'OPreQm,t uoC

APPE'iDIX I
A. INTRODLCTION
The municipal solid waste strearn is made up of wastes from ail sectors of society.
The waste is often categorized by its source or its characte::stics. Te..-ms used
include commercial, industrial, residential, biomediccz hazardous, household,
solid, liquid; demo Htioniconstruction, sludge, etc. Regardless of how one classifies
wastes. the bottom line is that wastes are delivered to the landfill and a
management decision must be made to either reject or accept them. This
responsibility rests with the manager of the landfill. `tiastes which are riot
authorized to be accepted at the landfill create a number of potential problems
including: (1) liability due to future releases of contaminants; (2) bad publicity if
media learns of unacceptable waste entering the landfill; (3) potential for worker
injury: (4) exposure to civil or criminal penalties; (5) damage to landfill
environmental control systems.
B. H.-�Z-�RDOUS WASTE REGULATIONS AND IIAN AGEMEtiT
In the united States, hazardous waste is regulated under RCRA, Subtitle C. A
waste is hazardous if it is listed as a hazardous waste by the Administrator of the
Environmental Protection Agency (EPA) in the Code of Federal Regulations, Title
40, Part 261, or if it meets one or more of the hazardous waste criteria as denned
by EPA. These criteria are:
• Ignitability
• Corrosi-v7ty
• Reactivity
• Toxicity
1. Ignitability
Ignitable waste is a waste that burns readily, causes a fire by friction under normal
circumstances, or is an oxidizer. Any waste having a flash point of <140F falls in
this category. Flash point is that temperature at which a liquid gives of vapors
that will ignite when an open flame is applied. Under Department of
Transportation (DOT) definitions, a flammable liquid has a flash point of > 100 F.
A combustible liquid has a flash point between 100 and 200 F. Therefore, a
flammable liquid is always hazardous while a combustible liquid may or may not be
hazardous depending upon its flash point.
rror� �si[n.cioc

2. Corrosiviry
A corrosive waste is one having a ver-r high or a very low pH. The pH of a liquid
is a rneasure of how acidic or basic (alkaline) the material is. The pH scale ranges
from 0 to 14. High numbers are basic and low numbers are acidic. A substance
having a pH <2.0 or > 12.5 is defined as hazardous under RCRA.
3. Reactivity
A waste is reactive if it is normally unstable: reacts violently with water; forms an
explosive mixture with water; contains quantities of cyanide or sullur that could be
released to the air; or can easily be detonated or exploded. These wastes may fall
into any one of several DOT categories.
4. Toxicity Characteristic Leaching Procedure (TCLP)
A waste is TCLP tonic if the concentration of any constituent in Table 1 exceeds
the standard assigned to that substance. The TCLP is a methodology which
attempts to simulate the conditions within a landfill. An acidic solution is passed
through a sample of waste and the resultant "leachate" is analyzed for
contaminants. The TCLP is designed to detect heavy metals, pesticides and a few
other organic and inorganic compounds. The purpose of the test is to prevent
groundwater contamination by highly toxic materials. TCLP tests the mobility of
40 different elements and compounds.
Except in certain specified circumstances, regulated quantities of hazardous waste
must be disposed of at a permitted hazardous waste disposal facility. In
accordance with 40 CFR Part 261.3, any material contaminated by a
hazardous waste is also deemed to be a hazardous waste and must be
managed as such. RCRA permits are also required to store, transport, and
treat hazardous waste.
C. POLYCHLORINATED BIPHE`�-YL'S (PCBs)
1. Introduction
PCBs are nonflammable and conduct heat without conducting electricity. These
compounds were most frequently used as an additive to oil or other liquids in
situations where heat was involved. The PCBs enhance the heat conducting
properties of the liquid and thereby increase the heat dissipation or cooling effect
obtained. They have also been used in lubricants and paint. In the United States
one of the most common applications was in electric transformers. The only
effective method for destroying PCBs is high Temperature incineration which is
relatively expensive due to a shortage of PCB incineration capacity.
repots zansim.doc

I�
I
T.C.L.P. CONSTITUENTS & REGULATORY LEVELS (m;rL)
co�N-STITL7E'-N;T
REG LEVEL
CO--N-STITL-ENT RFG LEVEL
I--
A.r
•exlc-Icrccerzene
Barium 1C0 I ex'.L':SCrC-1,3-bL'ta :ene
0.5
Beene
I 0.5
(fie.�sc�lcrcet`ane
3.0
Cad.*niu n
1.0
Lead I 5.0
Carbon Tetracac- c-e
0.5 I Lindane
0.'.
Chlordane I 0.03 I fifer �, r� I 0.2
Chlorocenzene 100 I Nfethcxvc^lor
10.0
Chloroform
6.0
tifethvi etnvl ketone 00
Chromium
I 5.0
I Nitrobenzene
2.0
m-Cresol
I 200
I-PI—itachicrorhenol
100
0-Cresol
I 200
Pyridine 5.0
o-Cresol
I 200
I Sele:uum
I 1.0
Cresol
I 200
( Silver
( 5.0
—7
1,4-Dic:lorobe.-.—e-e
10.0
I Tetrac .IcroethvIene I 0. 7
1, 2 -D i chl o r o e th a".e
0.7
I Toxachene
( 0.5
1,1-Dichloroethviene
0.5
I Tridloroethviene I 0.5
2,4-Dichloroohenoxvacetic acid
I 0.7
12,4,5-Trichlorophenol
I 400
2,4-Dinitrotoluene
I 0.13
12,4, 6-Trichlorophenol
I 2.0
Endrin
I 0.02
12,4,5-TP (SEvex)
1.0 III
Heptachlor (and its hydroxide)
0.003
I Ynvi Chloride ( 0.2
TA?_c 1

By law PCB's are -o lonL-er used as dielectrics in transforme. s and capacitors
manufactured after 1979. There are many millions of pounds of PCBs still in use
or in storage. One example is the ballasts used in fluoresczrt list fixtures. It has
been estimated that there are between 0.5 million and 1.5 billion ballasts currently
in use in this country. Due to the lone life of these units, about half of these may
'-be of pre-19 79 manufacture and contain PCBs. Since each ballast contains about
one ounce of nearly pure PCB fluid, there are about 20 to 30 million pounds of
PCBs in existinz li--htina fixtures. These items are not the subject to RCRA
Subtitle D Waste Screenincr!
Commercial or industrial sources of PCB wastes that should be addressed by the
program include:
• Nfineral oil and dielectric fluids containing PCBs;
• Contaminated soil, dredged material, sewage sludge, rags, and other debris
from a release of PCBs;
Transformers and other electrical equipment containing dielectric fluids; and
• Hydraulic machines.
2. PCB Regulatory Requirements
As contrasted to hazardous wastes, RCRA regulates PCBs based on the
concentration of PCBs in the waste rather than the source or characteristic of the
waste. The regulations concerning PCB disposal are spelled out in 40 CFR Part
761. Subtitle D of RCRA merely requires that PCB waste not be disposed in a
MSW landfill. PCB management requirements include:
(�Li3`5 �ic�ti'L' I�z-n �� �j7m rr1z� noF �jC. �7lltiiccl Ih i1.�5 b✓LY' .
Waste containing more than 500 ppm of PCBs must be incinerated. Waste
containing from 50 to 500 ppm must be disposed of by incineration, approved
burning, or in chemical waste landfill permitted to receive such wastes. The
regulations are silent concerning wastes containing less than 50 ppm of PCBs;
however, the regulations cannot be circumvented by diluting stronger wastes.
D. FUNDA-Ni aNTALS OF WASTE SCREENING
1. Know Your Generators and Haulers
Since the level of sophistication of your waste screerung program will be a
reflection of the likelihood of hazardous waste and PCB waste being in your
incoming waste, knowledge of the commercial industrial base of your service
area is critical. Some examples are the automotive industry, which generates
solvents, paint wastes, lead acid batteries, grease and oil; the dry cleaning industry,
rc orts'Lramiuldoc

which may cener ate :liters containing dry cleaning solvents; metal platers which
generate heatiy metal wastes; and other industries which generate a ,'ariety of
undesirabie wastes; e.g. chemical and related products, petroleum reining, primary
metals, eiec- neat and electronic machinery, etc.
Landfill managers si,:ould also know the haulers and trucks serting the businesses
in their co=unity which are likely to carry unacceptable wastes.
Some local govern.,�ents and solid waste management agencies have enacted
legislation requiring haulers to provide a manifest showing the customers whose
wastes ma e up that particular load. Such a manifest is an e.-remeiv useful tool
when a load is found to contain prohibited wastes. It is unwise to accept wastes
from unkncvn, unlicensed, or otherwise questionable haulers.
Z. Inspections
An inspection is typically a -visual observation of the incoming waste loads by an
individual who is trained to identifv regulated hazardous or PCB wastes that would
not be acceotable for disposal at the MSWLF unit. An inspection is considered
satisfactor-: if the inspector knows the nature of all materials received in the load
and is abie to disce 1t whether the materials are potentially regulated hazardous
wastes or PCB wastes.
Ideally, a l loads should be screened; however, it is generally not practical to
inspect in detail all incoming loads. Random inspections, therefore, can be used to
provide a reasonable means to adequately control the receipt of inappropriate
wastes. Random inspections are simply inspections made on less than every load.
The frequency of random inspections may be based on the type and quantity of
wastes received daiiy, and the accuracy and confidence desired in conclusions
drawn from inspection observations. Because statistical parameters are not
provided in the regulation, a reasoned, knowledge -based approach may be taken.
A random inspection program may take many forms such as inspecting every
incoming load one day out of every month or inspecting one or more loads from
transporters of wastes of unidentifiable nature each day. If these inspections
indicate that unauthorized wastes are being brought to the ,VfSWLF site, the
random inspection program should be modified to increase the frequency of
inspections.
Inspection frequency also can vary depending on the nature of the waste. For
example, wastes received predominantly from commercial or industrial sources
may require more frequent inspections than wastes predominantly from
households.
reports trms; V,. do-

Inspe� :-n priority also can be given to haulers with unknown ser.-ice areas, to
loads ;,rcug.'it to the facility in vehicles nct typically used for disposal of municipal
solid wv: ;te, and to loads transported by previous would-be offenders. For wastes
of urce^ti ;able nature received from sources other than households (e.g.,
indusu'-- or commercial establishments), the inspector should question the
transperer about the sourcelcomposition of the materials.
Loads should be inspected prior to actual disposal of the waste at the working face
of the lard it unit to provide the County the opportunity to refuse or accept the
wastes. Inspections can be conducted on a tipping floor located near the facility
scale 'rouse, inside the site entrance, or near, or adjacent to, the working face of
the lananil unit. (Figure 1)
An inspection flow chart to identify, accept, or refuse solid waste is provided as
Fi�sre =.
Inspec: :cns of materials may be accomplished by discharging the vehicle load in an
area designed to contain potentially hazardous wastes that may arrive at the
facilin . The waste should be carefully spread for observation using a front end
loader or other piece of equipment. Personnel should be trained to identify
suspicicus wastes. Some indications of suspicious wastes are:
• Haz rdous placards or markings;
• Liquids;
• Powders or dusts;
• Sludges;
• Brunt or unusual colors;
• Dr:ms or commercial size containers; or
• Chemical odors.
Cherokee County shall follow these procedures when suspicious wastes are
discovered.
• Segregate the wastes;
• Question the driver;
• Re,,iew the manifest (if applicable);
• Contact possible source;
• Call the State Solid and Hazardous Waste Management Department;
• Use appropriate protective equipment;
• Contact laboratory support if required; and
• Notify the local Hazardous Material Response Team and Law Enforcement
Agency
Containers with contents that are not easily identifiable, such as unmarked >j-
gallon drums, should be opened only by properly trained personnel. Because these
repo. L-wuim.doc

drums could contain hazardous waste, they should be refused whenever possible.
'Upon verif: nz that the solid waste is acceptable, it may then be transferred to the
working face for disposal.
Testing typically would include the Toxicity Characteristic Leac ing Procedure
,. (TCLP) and other tests for characteristics of hazardous wastes including
corrositivir., ignitability, and reactivity. Wastes that are susoect ed of being
hazardous should be handled and stored as a hazardous waste until a determination
is made.
If the wastes temporarily stored at the site are determined to be hazardous,
Cherokee County is responsible for the management of the waste. If the wastes
are to be transported from the facility, the waste must be: (1) stored at the
�iSWLF facility in accordance with requirements of a hazardous waste generator,
(-) manifested, (3) transported by a licensed Treatment, Storage, or Disposal
(TSD) facility for disposal.
E. RECORD ICEEPI G AND NOTIFICATION REQUIRE -TENTS
Records must be kept pursuant to an incident where regulated hazardous waste or
prohibited waste is found at the landfill. It is also recommended that records be
kept of all screening activities and incidents, whether or not, regulated or
prohibited wastes are found. This will help prove that the landfill owner/operator
has acted in a prudent and reasonable manner.
The best way to prove compliance with this requirement is to document each
inspection including:
Date and time of waste detection
Hauler name (company and driver)
Waste(s) detected
Waste generator(s) if able to identify
Action(s) taken to manage or return material(s)
Efforts taken if extreme toxicity or hazard was discovered
Landfill employee in responsible charge
40 CFR Part 258 requires that records should be maintained at or near the landfill
site during its active life and as long after as may be required by the appropriate
state or local regulations. (Figure 4) .
repc ns trans iLL&C

I.
DE=ir, OF �A=-D 1.5 : TO = I .
SAD CONS i F,UC i ED OF CL
EERM TO CONTAIN AND/OE CGN i ; .CL `r 1A� i =
i EMPOr?ARY CONS i RUC i iON USiNC CO` E=, SOILS
UPON DISCOVERY OP UNACCEPTAELE MA i =RbkL
FiOAGVE WAS i .- AND ► r: k—i FOR, 710N OP ► r= PAD
W'r'1Ci—f PAS EECOME CONTAMNAT= EYi r,E UNACCEP ► APL=
Faur:. 1
l.. h � ✓� �� L�
Li? �' n f ; N �-r(l'r 6"1 1 �
C.'v �S
Ilc � C.�. � � .. `. : `.
� 0)-c
ll c� �cf,l, .tt c
/7�r �f
/,k._ Al'
N2- 'btC ':c �
Y
l' ,r-y L —

Y=�
r ............
rT]T_Y =i:77 ..........................
'`rV............... .
CRus"HED ...............................
PUNCT:RED.............................
_D�NT1F_�D..........................
. . . . . . . . . . .
SITT= TION..................................
-_ZCUS ............................ .
CC OR F L-MES
STRONC..................................
FAI`iT...................................
..��:........................................
ITEMS FOUND
. . . . . . . . . . . . . . • • . . • . • . . . . . . . .
OIL.........................................
ICMEDICLT ..................................
:AE) 0ACTIV`..................................
AS:.=—S/R-7SIDUE ...............................
SOD/SOIL....................................
CHECK ALL Tj T APPLY
FIGURE 3
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Hazardous Waste Inspection Decision Tree
Inspection Prior to Wcrkina Face

DETAILED SCREENL G- REPORT
WAS I SOURCE
ADDRESS
PROB,;BLE [ ]
WASTE HAULER
ADDRESS
DRIB R'S NA_NIE
DETA-17
MOTIF ED:
SUSPECTED[ ] cotiTm-\,= [ ]
WASTE SOURCE [ NL�NAGEIvfEy� [ ] SITE NIAX-`.GENIE- i [ ]
STATE[ ] FEDERAL, [ ]
Ni AN- E
WINESS (IF A21M
DATE TD,,fE AM PlI
ACTION REQUIRED
Figure 4

APPE'NDLX H
CHEROKEE COI:�TY SY-NTHETIC COViR OPER-�T!OS PLAN
1. Determine the size of the area to be covered. Be sure to allow :or five to tea feet
extra on each measurement to ensure that the refuse is completer: covered.
_. The synthetic cover is shipped to the landfill site with panels :oided accordion -
type, then rolled up. Unroll the cover along the working face (depending upon
operations), and attach the leading edge of the unrolled panel to existing landfill
equipment (i.e., to the top of the blade). Attach with ropes, chains, hooks or
clamps -- whichever works better for the site.
3. Pull the sewn panels of cover across the compacted trash. T.e synthetic cover
maybe pulled from any direction, which may vary from day to day. Keep the
leading edge between the two mac:,ines (or people) as high as pcssible to eliminate
drag.
4. Anchor the edges of synthetic cover every 20 feet with tires or sandbags to hold
the synthetic cover in place. If it is windy, more anchoring may be required. Make
sure a large enough panel has been ordered to completely cover the refuse (base
this on the heaviest day to the week). If complete coverage is not possible, cover
the exposed refuse with soil; but take care not to place too much dire on the
synthetic cover if it is to be re -used.
5. On the next day of operations, remove the tires and/or sandbags. Simply pull the
synthetic cover across itself (to reduce drag) and off the refuse to an area that is
inactive. Anchor the edges again to prevent wind from lifting the blanket. At the
end of the day, pull the synthetic cover back across the refuse by repeating steps 3
and 4 until a new panel is needed.
Synthetic Cover is designed to be used as landfill daily cover on a working face. For best
results, it is recommended that the area to be covered be kept as close to a square shape as
possible not to exceed 120' X 120' in size. Not only does this procedure allow for easier
coverage, it allows for better management of the working face and saves time at the end of
the working day. Areas larger than 120' X 120' may require three pieces of landfill
equipment to pull the synthetic cover across the compacted refuse.
Cherokee County will use a panel of synthetic cover that is pulled over the working face
on a daily basis by two pieces of landfill equipment. At the end of the working day, the
panel will be secured in place. This is attained by one of two methods -- the panel may be
heavy enough to hold itself in place due to accumulation of moisture and is left in that
manner; or tires are placed on the panel to secure it in place.
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The working face is operated in this manner, brought to a grade and then covered with the
required six (6) inches or soil. The process will continue until a lift is completed. The
process is then started over on the nest lift until the landfill is filled to final grade and a
section is closed.
1.
TIPS TO RENiENMER
1. Always pull the fabric across itself during installation and removal to make each
panel last as long as possible.
2. Avoid driving on the panel(s); this may cause punctures and tears.
3. Tie the panel(s) to the top of the dozer blade and raise the blade to minimize
dragging on refuse.
4. Use tires or sandbags to hold the panel(s) down overnight. Soil can be used if you
plan to leave panel(s) in place and cover with refuse.
5. -',Sinimize stress between dozer/compactors while pulling on the panel(s).
reper u aopevddoc.

APPE.iDLY III
EYPLOSA E GAS CONTROL PLAN FOR - CHEROKEE COUNTY
Quarterly the Cherokee County landfiil w-iil monitor the explosive gas at the landfill
structures. Weekly the County 'Will monitor the existinz methane probes to determine if
gas is migrating beyond the landfill boundary.
The gas is detected by use of an instrument that reports the percent of lower explosive
limit. The instrument that is used is the Gas Tech GP 204 which can be purchased from
Safety Supply kmerica of Lex-ingten, NC at 704-956-2151.
Weekly, a County employee will visit each monitoring point. Using the detection
instrument, he will dete.-,=e if methane gas has filled the probes. If the probe is near the
property line and methane gas is detected, it must then be determined if the gas is
migrating across the landfill boundary. If the probe is on the boundary or methane gas has
migrated beyond the boundary, a remediation plan must be completed by Cherokee
County .
Other points of monitoring will be the landfill structures. If methane gas is detected
bevond 25% of its lower explosive limit, then a remediation plan must be prepared as
stated in the operational requirements.
append.doc