HomeMy WebLinkAbout10002_ROSCANS_1993County Manager
Earl Nelson Tipton ®1� �,�,�® a_
(704) 682-9735 '�i, 11��Jf ,
ESTABLISHED I033
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Offtte of Toun#g Manager
Room 11, Courthouse • Burnsville, North Carolina 28714
May 18, 1993
Mr. Dexter Matthews, Section Chief
NC Solid Waste Division
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Mr. Matthews -
Board of Commissioners
Keith Presnell, Chairman
John Renfro, Member
Billy Ray Bailey, Member
(704) 682-3971
The Firm of Camp Dresser & McKee submitted a Site Plan Application
for the new Yancey and Mitchell Counties Solid Waste Management
Facility to your office on April S. 1993. This action was taken in
order to meet the requirements of 15A NCAC 13B.1621(a)(2) under the
proposed rules for Subtitle D Compliance.
The two counties of Yancey and Mitchell have shown a commitment
toward moving ahead with the development of a new landfill in order
to meet the expiration date of December 1994 for our existing
operating permit at our current landfill site. We were extremely
disheartened to learn that our Site Plan Application may not be
reviewed by your office for at least 9 months to a year due to
shortage of personnel in the Solid Waste Division.
While we stand in opposition to this unrealistic delay in the
review process that seems to stand in direct conflict with our
efforts toward meeting the mandated requirements, the two counties
nevertheless are prepared to take the only alternative toward
speeding up the review process.
The two counties of Yancey and Mitchell are hereby requesting that
our Site Plan Application be given the "Fast -Track" approach in
order to allow us to reach our goals in a timely manner. We are
enclosing a check for $12,000 for this purpose, and will forward an
additional $14,000 when our Construction Plan is submitted.
We feel that this action further demonstrates and supports the good
faith effort displayed by our two counties throughout this process.
We eagerly await your response to this request, and if any
additional information is required, please 'notify my office.
Mount Mitchell - North Carolina'.v Brat SYaa- All . HiRliest pain! in Fastern America
Sincerely,
Earl N. Tipton
Yancey County Manager
ENT/rdy
Enclosure
CC: Mr. Mike Robinson, Mitchell County Manager
Mr. Mike Babuin, Camp Dresser & McKee
Mr. Al Hetzell, Waste Mgmt. Specialist
County Manager
Earl Nelson Tiplon ato rt
(704) 682 -97 35
Vanceg TonntU
Office of 101konntU Manager
Room 11, Courthouse • Burnsville, North Carolina 28714
May 18, 1993
The Honorable Jesse Helms
United States Senate
403 Dirksen Senate Office Building
Washington, D.C. 20510
Dear Senator Helms:
Board of Commissioners
Keith Presnell, Chairman
John Renfro, Member
Billy Ray Bailey, Member
(704) 682-3971
UF.7�'Y
A bill has been introduced by Representative Glenn English, (D,
Oklahoma) which we understand would delay for two years (to
October, 1995) implementation of all or part of the revisions to
Subtitle D of the Resource Conservation and Recovery Act. This
legislation (H.R. 767) is important to the counties of Yancey and
Mitchell and, if passed, could mean a two-year savings to our
taxpayers of hundreds of thousands of dollars.
Our two counties have moved progressively forward in our attempts
to meet the new Subtitle D Requirements, even to the extent of
having to "pay" the North Carolina Solid Waste Division a
substantial amount of money in order to have our Site Plan
Application put on the "Fast -Track" for review. Our application
was submitted in a timely manner, additional acreage has been
purchased, and we are now working toward submitting a construction
plan which will also be on the "Fast -Track."
Our major concern is the October 9, 1993 deadline which requires
all facilities receiving solid waste after that date to come up
with financial assurances over a 30 year span of time. While we
have made much progress, we find it impossible to close our
existing site by October of this year. Our current operating
permit is due to expire in December, 1994. Our goal is to be able
to close our current site close to that date, and move into our new
facility at that time.
We ask that you urgently work toward supporting this bill, or any
other means of extending for two years the implementation of the
Subtitle D requirements_ It is our understanding that the State
will also extend this deadline in conjunction with any action taken
at the Federal level. Thanks for your excellent support in the
past, and we appreciate your immediate attention to this very
important issue.
Mount Mitchel(- Not III Cat obou.c htv Slow Park . llig h e.c! pain! in /•.n.rYer'n Anun'ira
Respectfully,
Earl N. Tipton
Yancey County Manager
ENT/rdy
CC: Mr. Mike Robinson, Mitchell County Manager
Hr. Dexter Matthews, Chief, N.C. Solid Waste
Rep. Al Swift, Chairman of the Subcommittee on
Mr. Al Hand Hazardous Materials.
etzell, Solid Waste Specialist
Division
Transportation
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
DIVISION OF SOLID WASTE MANAGEMENT
James B. Hunt, Jr., Governor TELEPHONE: (919) 733-=2 Jonathan R Howes, Secretary
June 25, 1993
Mr. Mike Robinson, Mitchell County Manager
Courthouse Administration Building
Bakersville, North Carolina 28705
Re: Completeness Review: Yancey and Mitchell Solid Waste
Management Facility Site Plan Application
Dear Mr. Robinson:
The Division of Solid Waste Management, Solid Waste Section, has
proposed new rules regulating Municipal Solid Waste Landfills.
These rules are being promulgated in order to comply with Federal
EPA Subtitle 11D" requirements. Public hearings have been held
concerning these proposed rules and the Section has received public
comments regarding the rules. As currently scheduled, the proposed
rules, along with any revisions resulting from the public hearings
and/or public comments, will be presented to the Commission for
Health Services on June 30, 1993 and subsequently to the Rules
Review Commission. The effective date for the proposed rules is
October 9, 1993.
As currently proposed, the rules provide for a transition in review
of permit applications from the existing rules, 15A NCAC 13B 0.0503
and 0.0504, to the new rules. The proposed rules exempt site plan
applications for Municipal Solid Waste Landfills submitted in
accordance with Rule 15A NCAC 13B .0504 (1) and received prior to
April 9, 1993 from the new or proposed Site Plan Application
requirements if the site plan application is approved by the
Division prior to the effective date of the rule. However, under
the proposed rules, Yancey -Mitchell's subsequent construction plan
applications must comply with the new or proposed Construction Plan
requirements.
In anticipation of the adoption of these proposed rules by the
Commission for Health Services, and in anticipation that North
Carolina will receive program approval from the EPA, the Solid
Waste Section will be reviewing your site plan application under
the existing Rule 15A NCAC 13B .0504 (1) and Policy Memorandum No.
P.O. Box 276R7, Raleigh, North Carolina 27611-7687 Telephone 91973349R4 Fax A 919733n513
An F9ual Opportunity A(finnadve ktion Fnlployer
* 50%rnydxd/10%" wnnumn V."
18 and your subsequent construction plan application under the
proposed application requirements for MSWLF facilities as they
pertain to obtaining a permit to construct.
The Section will coordinate directly with your consultant, Camp
Dresser & McKee, during the review. Any correspondence from the
Section will be copied to you.
If there are any questions, or if you would like to schedule a
meeting to discuss the application, please contact me at (919) 733-
0692.
Respectfully,
Ellis Cayton, P.E.
Solid Waste Section
cc: Earl Tipton
Mike Babuin
Julian Foscue
Al Hetzell
Bobby Lutfy
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
DIVISION OF SOUD WASTE MANAGEMENT
James B. Hunt, Jr., Governor TELEPHONE: (919) 733-OM2 Jonathan R Howes, Secretary
June 25, 1993
Mr. Earl Tipton, Yancey County Manager
Courthouse, Room 11
Burnsville, North Carolina 28714
Re: Completeness Review: Yancey and Mitchell Solid Waste
Management Facility Site Plan Application
Dear Mr. Tipton:
The Division of Solid Waste Management, Solid Waste Section, has
proposed new rules regulating Municipal Solid Waste Landfills.
These rules are being promulgated in order to comply with Federal
EPA Subtitle I'D" requirements. Public hearings have been held
concerning these proposed rules and the Section has received public
comments regarding the rules. As currently scheduled, the proposed
rules, along with any revisions resulting from the public hearings
and/or public comments, will be presented to the Commission for
Health Services on June 30, 1993 and subsequently to the Rules
Review Commission. The effective date for the proposed rules is
October 9, 1993.
As currently proposed, the rules provide for a transition in review
of permit applications from the existing rules, 15A NCAC 13B 0.0503
and 0.0504, to the new rules. The proposed rules exempt site plan
applications for Municipal Solid Waste Landfills submitted in
accordance with Rule 15A NCAC 13B .0504 (1) and received prior to
April 9, 1993 from the new or proposed Site Plan Application
requirements if the site plan application is approved by the
Division prior to the effective date of the rule. However, under
the proposed rules, Yancey -Mitchell's subsequent construction plan
applications must comply with the new or proposed Construction Plan
requirements.
In anticipation of the adoption of these proposed rules by the
Commission for Health Services, and in anticipation that North
Carolina will receive program approval from the EPA, the Solid
Waste Section will be reviewing your site plan application under
the existing Rule 15A NCAC 13B .0504 (1) and Policy Memorandum No.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 Eax 1919 7330513
An Equal Opportunity Affirmative Action Employer
.P�% ...._.4. 11ms--- ..._ ,m_ -_
18 and your subsequent construction plan application under the
proposed application requirements for MSWLF facilities as they
pertain to obtaining a permit to construct.
The Section will coordinate directly with your consultant, Camp
Dresser & McKee, during the review. Any correspondence from the
Section will be copied to you.
If there are any questions, or if you would like to schedule a
meeting to discuss the application, please contact me at (919) 733-
0692.
Recsnp�ectfully,
- �-t-�
Ellis Cayton, P.E.
Solid waste Section
CC: Mike Robinson
Mike Babuin
Julian Foscue
Al Hetzell
Bobby Lutfy
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street o Raleigh, North Carolina 27604
DIVISION OF SOLID WASTE MANAGEMENT
James B. Hunt, Jr., Governor TELEPHONE: (919) 733-0692 Jonathan R Howes Secreta
ry
June 25, 1993
Mr. Michael L. Babuin, P.G.
Camp, Dresser & McKee
Carolina Corporate Center
5400 Glenwood Avenue, Suite 300
Raleigh, North Carolina 27612
RB: Completeness Review - Site Plan Application for the proposed Municipal Solid Waste
Management Facility for Yancey and Mitchell counties
Dear Mr. Babuin:
The Solid Waste Section recently conducted a preliminary completeness review of the referenced
project submitted by Camp, Dresser & McKee (CDM) in behalf of Yancey and Mitchell
counties. The completeness review determines whether the minimum submission requirements
of the rules have been addressed and not the adequacy or technical sufficiency of the application.
The Section will determine technical sufficiency later in the technical review process. The
Section must receive a complete application before it begins the technical review.
Following the preliminary completeness review, the Section determined that some deficiencies
exist in the application. In accordance with the N.C. Solid Waste Management Rules, the
following comments must be addressed in order to provide a complete application and to
continue the review process.
1. Please submit an aerial photograph on a scale of at least 1 inch equals 400 feet as
required by 15A NCAC 13B .0504 (1)(a).
2. The site application correctly contains a description of the type, quantity and source of
waste proposed for disposal in the planned facility in accordance with 15A NCAC 13B
.0504 (1)(g)(ii). However, in its discussion of final leachate disposal alternatives, the
application does not discuss waste water treatment sludges yet it also states that several
waste water treatment facilities are in the two county area. Should the facility owners
desire to accept waste water treatment facility sludges in the proposed facility, then the
application should incorporate a written request to accept these sludges in the application.
P.O. Iktx 27697, Raleigh, Nonh Camlina 27611<7687 Telephone 9197331984 las 19197130513
An F.gwl Opponunity Affirmative &tion rmployer
aw..�a.anos pw .....Pm
Mr. Michael L. Babuin, P.G.
June 24, 1993
Page 2
Figures 5-1, 5-2, and 5-3 in the application's conceptual design plan illustrate the
proposed landfill's footprint for the entire life of the facility. The Section, in accordance
with 15A NCAC 13B .0201, only issues permits for a five year period. Consequently,
the Section requires that CDM revise the conceptual design, including the figures, to
show landfill phases representing approximately five year's capacity.
4. The application does not fully address 15A NCAC 13B .0504 (1)(c)(i)(E)(I and III).
Please provide:
I. Variables, plots used to determine variables, and mathematical calculations used
to determine hydraulic conductivity from slug test data. Also, provide sufficient
data to characterize the hydraulic conductivity of the bedrock.
M. Provide porosity data to adequately characterize each hydrogeological unit.
5. The 1/4 mile radius map (Figure 2-1) submitted in accordance with 15A NCAC 13B
.0504 (1)(a)(iv) locates the residences discussed in Section 2.3.1 of the application. Also,
Section 2.4.1 of the application states that " residences within 1/4-mile of the proposed
site are currently served by individual, private wells." Please revise Figure 2-1, where
valid, to indicate a private individual well serves each of the residences within 1/4-mile
of the proposed landfill boundaries.
6. Please provide sufficient water level data to adequately characterize the potentiometric
surface within the bedrock under the proposed MSWLF in accordance with 15A NCAC
13B .0504 (1)(c)(iii).
7. Figure 5-2 of the application indicates that a leachate storage tank will be built yet
Section 5.7.2 of the application discusses leachate storage ponds. The site plan
application needs to consistently refer to the same leachate management system
components.
Other Comments
While the Section has not initiated its technical review of the application, the Section identified
various issues during the completeness review process which will need to be addressed later in
greater detail to satisfy the requirements of the technical review of the Site Plan Application and
the requirements of the Constriction Plan Application. These issues are presented below in an
effort to expedite future segments of the permitting process.
Mr. Michael L. Babuin, P.G.
June 24, 1993
Page 3
Technical Review of the Site Plan Application
1. To establish vertical separation requirements based on the seasonal high water
table, water level data collected since July, 1992 and a potentiometric map
constructed from the data most reflective of the seasonal high water table should
be provided. Discussion on water table fluctuations of wells in the area based on
hydrographs and the relation of these fluctuations to climatological and
meteorological data for the corresponding time period should also be provided.
2. Detailed North -South and East-West trending cross -sections which are
representative of the geologic and hydrogeologic conditions across the proposed
site should be provided.
3. Sufficient water level data to adequately characterize the potentiometric surface
within the bedrock under the proposed MSWLF should be provided.
4. Sufficient data to adequately characterize the bedrock at the proposed site should
be provided. Included should be core description, recovery values and RQD
values. Such data should be collected from differing topographic environments
(e.g. hilltops, slopes and drainage swales).
Construction Plan Application:
The proposed ground water monitoring plan contains some inadequacies, and a revised
ground water monitoring plan should be presented. The following points should be
addressed in the revised plan.
1. The proposed monitoring wells are too few in number and too far apart to
adequately provide early detection of a release.
2. Because the potentiometric surface of the ground water below the MSWLF is in
the bedrock, a fracture trace analysis diagram for the site should be provided to
aid in the placement of bedrock monitoring wells.
3. Monitoring well nests should be located in the more critical locations (e.g.
downgradient from liner penetrations, etc.)
4. The location of a permanent upgradient monitoring well should be determined.
S. In addition to providing discussion on screen depth, detailed discussion should be
provided on the geologic and hydrogeologic criteria used to determine the
placement and spacing of the proposed monitoring wells.
Mr. Michael L. Babuin, P.G.
June 24, 1993
Page 4
6. The Section requires that the landfill operator monitor the proposed C & D and
MSW disposal units as separate and independent units. Consequently, the
proposed conceptual design will need revision because the buffer distance between
the two units is inadequate.
Also, the Section will probably require a buffer between the LCID disposal unit
and the C & D disposal unit in order to monitor these two units separately.. Thus,
the proposed conceptual design may need revision to segregate the LCID disposal
unit from the C & D disposal unit.
If you have any questions or would like to arrange a meeting to discuss this letter or the
application, please do not hesitate to contact the Section at (919) 733-0692.
Respectfully,
&� / �
Ellis Cayton, P.E.
Solid Waste Section
cc: Earl Tipton, Yancey County Manager
Mike Robinson, Mitchell County Manager
Julian Foscue
Al Hetzell
Bobby Lutfy
Kenny Jones
Brad Atkinson
County Manager
Earl Nelson Tipton _ t
Ixx_ .n .
ESTABL15HED 1533
Uancleg Toun
(off re of QVIoun#u Manager
Room 11, Courthouse
Burnsville, North Carolina 28714
(704) 682-3971 . (704) 682-9735
December 16, 1993
Mr. Dexter Matthews, Section Chief
NC Solid Waste Division
P.O. Box 27687
Raleigh, N.C. 27611-7687
Dear Mr. Matthews:
Board of Commissioners
Keith Presnell, Chairman
John Renfro, Member
Billy Ray Bailey, Member
As you know, the counties of Yancey and Mitchell are in the very
complicated process required for the April 9, 1994 closure of our
current landfill and the necessary permitting process for operating
a transfer station. At the same time, your office is reviewing our
site -plan application and we are now submitting our application for
right -to -construct a new Sub -Title D landfill.
Needless to say, this has been a tremendously costly venture, and
we are looking for any cost savings that may be avoided. We are
especially wanting to avoid any duplication of work. One area that
appears to pose an unnecessary expenditure of approximately $6,500
is in the Environmental Assessment (EA) process for our transfer
station. This transfer station will be operated in an area that
has already undergone an extensive amount of study through the
site -plan application. With this in mind, we respectfully ask that
you consider the following facts:
We understand the purpose of an Environmental Assessment (EA) is to
provide the State Project Agency with a decision making tool to
determine if a planned project is of such significance or scope and
impact on the environment as to require the preparation of an
Environmental Impact Statement (EIS). The proposed site of our
transfer station facility will be on property comprising the
existing and proposed Mitchell and Yancey Counties regional
landfill. Intensive investigations have been performed to date in
conjunction with the permitting process underway on the site. We
feel much of the information being generated as part of that
process provides the same type of data required by the EA process.
For example, the Counties submitted a comprehensive Site Plan
Application to the state solid waste section in April, 1993.
Included in that application are items such as the following:
Mount hlitehell - North Carotina'c li, vt Slate Park . Highest point in Eastern Arneru a
Page 2.
-One Quarter -Mile Radius Map - includes information on land
use and zoning, proximity of homes, buildings, utilities, and
roads; location of wells, watercourses, dry runs, and general
topography; and floodplains.
-Two-Mile Radius Map - includes information on ground water
users, potential sources of ground water and surface water
Pollution, water supply intakes, airports, and subdivisions.
-Geological and Hvdrogeological Evaluation - includes
methodology and results.
-Conceptual Design Plan - includes site development, buffers,
design capacity, cover material, liner and leachate collection,
stormwater management, leachate treatment and disposal, final
contours, erosion control, and final cap system.
-Local Government Approvals
-Compliance with Landfill Siting Criteria - includes
endangered and threatened species inquiry, historic homes survey,
archaeological survey, scenic areas, natural forests, parks and
nature preserves area review, siting requirements, including
wetland areas, seismic impact zones, unstable areas, and regulated
distances from homes/wells.
-General Site Information - includes population and area
served, type, quantity, source of waste, equipment to be used, and
proposed water quality monitoring plan.
Based on the above, we respectfully request a waiver of the EA
requirements for our proposed transfer station site. We are
confident that the information identified above can serve as
appropriate justification for this request.
Sincerely,
Earl N. Tipton
County Manager
CC: Jim Coffey
Al Hetzell
Mike Robinson
From : YANCEY CO COMM
PHONE No. : 704 682 4301 Dec.21 1993 12:48PM P01
County Manager
Eari N0160h TirAon
(704)602-9735
TO:
FAX NUMBER&
FROMI
DATE:
NO. OF PAGES$
CON14ENTS:
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(� urt of (ilountu Mmimoee
Room 11, CO4rlhouse • Burnsville, North Carolina 20714
FAX M704-682-4301
FACSIMILE TRANSMITTAL COVER SHEET
(including cover page)_
Board of Commtssluners
Keith Presnell, Chairman
John Renfro, Member
Billy Ray Bailey, Months,
(704) 692-3971
I/
From : YANCEY CO COMM `.
y
PHONE No. : 704 682 4301
Dec.21 1993 12:48PM P02
Coun,y Manager
EErl Nel,on Lipton
(704) 682-9735
ner,emlaer 21. 1993
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Vanav Touna..
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ROOM 11, Courthouse . Burnimlle, North Carolina 28714
Board of Cnmnalaaluners
Keith Presnell, Chairman
John Renhu, Member
Billy Ray Balloy, Member
(701) 682 3971
Mr. Dexter Matthews, Section chief C(0
�(-�
NC Solid Waste Division 't.f
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Mr. Matthews,
The Firm of Camp Dresser rx McXee is in the process of submitting an
application for permit to construct a new solid waste management
facility for the counties of Yancey and Mitchell.
Our two counties had previously paid $12,000 in order to insure
that our site plan application was placed on the "fast -track" for
review. We are now asking that our application for permit to
construct be given similar priority for any fast -track
consideration that may be required.
Following our phone conversation this morning, it is my
understanding that the "fast -track" approach is no longer
encouraged or required, due to additional staffing. I have shared
your opinion that a 120 day time -frame should be sufficient for
your office to complete the necessary review, provided a complete
application had been filed. Our two counties are relieved to know
that additional monies are no longer required and we feel the 120
day projected review time should fall in line with our goals. With
that in mind, we are moving ahead with anticipation of receiving
approval of our application sometime during February or March of
1994.
If any of the above information is incorrect, please let me know of
any adjustments that need to be made in order for us to continue on
track with our long-range plans. We will eagerly await your
response to our application, and it any additional information is
required, please notify my office.
As always, thanks for your help in thir- matter.
ySincerely,
L �~
Par). N. Tipton
Yancey County Manager