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HomeMy WebLinkAbout10002_ROSCANS_1993County Manager Earl Nelson Tipton ®1� �,�,�® a_ (704) 682-9735 '�i, 11��Jf , ESTABLISHED I033 Uantev (111oun#u 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: ttteE C�Crtirtt (� 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 lop , [STAELiEMEo ,b,] Vanav Touna.. of Touutu �itutt tgrr 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