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Green Recycling Solutions LLC
Amendment to SCH File # 12-E-0000-0221
Proposed Construction & Demolition
Debris Landfill
Maysville, North Carolina
May 2012
ERM NC, Inc. 8000 Corporate Center Dr. Suite 200 Charlotte, NC 28226 (704) 541-8345 (704) 541-8416 (fax) May 22, 2012 State Environmental Review Clearing House 116 West Jones Street Suite 5106
Raleigh, North Carolina 27603
Attention: Ms. Crystal Best
Reference: Amendment to SCH File # 12-E-0000-0221
Proposed Green Recycling Solutions LLC – C&D Landfill
Maysville, Jones County, North Carolina
Ms. Best:
On behalf of Green Recycling Solutions LLC, ERM NC, Inc. (ERM) is submitting this
Amendment to SCH File # 12-E-0000-0221 titled “Environmental Assessment Town of
Maysville 2011 CDBG Economic Development Project, Green Recycling Solutions LLC
Water and Road Improvements, dated February 2012. This submittal was prepared by the
Town of Maysville and RSM Harris Associates, Inc. The purpose of this Amendment is to
include the proposed Construction & Demolition Debris (C&D) Landfill portion of the
project that is to be served by the “Water and Road Improvements” previously submitted.
The proposed C&D landfill site is located within the jurisdictional limits of Maysville,
North Carolina approximately one mile north of the intersection of US Highway 17 and
NC Route 58 and encompasses approximately 43.5 acres.
In summary, a C&D Landfill is proposed at this location to support the proposed co-
located C&D Recycling & Recovery Facility. The proposed landfill will only accept C&D
waste that has been processed through the Recycling & Recovery Facility. The C&D
Landfill portion of the project is currently in the permitting process with NCDENR –
Division of Waste Management for Site Suitability review. As required by North Carolina
General Statutes, any proposed new landfill disposal area project must be submitted to the
State Environmental Review Clearing House for appropriate approvals prior to receiving
a permit from Division of Waste Management.
For the sake of consistency, we are attaching with this letter a copy of our “Site Suitability
Report, Proposed Construction & Demolition Debris Landfill, Maysville, North Carolina”
dated December 16, 2011 submitted to NCDENR – Division of Waste Management
prepared for Green Recycling Solutions LLC. The Site Suitability Report is prepared in
accordance with the NCDENR - Division of Waste Management Rules 15A NCAC 13B
.0536 (a) through (c). The information contained within this report meets or exceeds the
requirements for SEPA review. Appendix III of the attached Report, “Hydrogeologic
Ms Crystal Best May 22, 2012 Page 2
Report” is intentionally omitted from the attachment as it does not apply to SEPA requirements. In summary, the proposed landfill portion of this project: - Has obtained Local Government Approvals
- Has been granted a Franchise Agreement from Local Government
- Obtained appropriate Local Zoning Approval
- Will not impact jurisdictional wetlands
- Will maintain a minimum 100-ft buffer between waste limits and wetland
boundaries
- Will maintain a minimum 200-ft buffer between waste limits and property
boundary
- Will maintain a minimum 500-ft buffer between waste limits and private
residences
- Will maintain natural vegetation in the buffer areas with the exception of
constructing access roads, storm water control measures and monitoring wells
- Will not impact endangered or threatened species or their habitats
- Will not impact historic or cultural significant sites
- Will not impact State or Federal Recreational lands
- Will contain a long term ground water monitoring program that will remain in
place up to 30 years following closure of the landfill
- Will contain a low permeable liner to collect rainfall that contacts waste for
appropriate treatment
If you should have any questions or require additional information concerning this Site
Suitability Report please contact me at your convenience at dave.wasiela@erm.com or
(704) 541-8345.
Sincerely,
ERM NC, Inc.
David W. Wasiela, P.E.
Senior Engineer
cc: Mr. James Maides – Green Recycling Solutions LLC
Mr. Geof Little - NCDENR – Division of Waste Management
Attch: Site Suitability Report
Site Suitability Report Proposed Green Recycling Solutions LLC – C&D Landfill Maysville, Jones County, North Carolina TABLE OF CONTENTS
Regulation & Description Page
15A NCAC 13B .0536(a) – Purpose……………...……………………………………… 1
15A NCAC 13B .0536(b) - Scope……………………………………..……………….… 1
15A NCAC 13B .0536(c)(1) – Characterization Study……………….……………….. 2
15A NCAC 13B .0536(c)(2) – Proposed Facility Plan…………..…………………….. 4
15A NCAC 13B .0536(c)(3) – Site Hydrogeologic Report ……………………………..4
15A NCAC 13B .0536(c)(4) – Floodplain Location Restrictions ………………… 4
15A NCAC 13B .0536(c)(5) – Wetlands Location Restriction………………………. 5
15A NCAC 13B .0536(c)(6) – Unstable Area Location Restrictions ………………. 7
15A NCAC 13B .0536(c)(7) – Cultural Resources Location Restrictions ………...… 7
15A NCAC 13B .0536(c)(8) – Nature and Historic Preserve Restrictions ………….8
15A NCAC 13B .0536(c)(9) – Water Supply Watersheds Location Restrictions ….. 8
15A NCAC 13B .0536(c)(10) – Endangered and Threatened Species Restrictions…. 10
15A NCAC 13B .0536(a)(11) – Local government approvals for C&DLFs …..….…. 10
LIST OF APPENDICES
Appendix I Site Characterization Study
Appendix II Facility Plan Report
Appendix III Hydrogeologic Report
Appendix IV FEMA Flood Insurance Rate Map (FIRM)
Appendix V Wetland Boundaries
Appendix VI Cultural Resources and State Nature and Historic Preserves
Appendix VII NC DENR Division of Water Quality 2010 Environmental Sensitivity Map
Appendix VIII Endangered and Threatened Species
Appendix IX Local Government Approvals
Site Suitability Report December 16, 2011 Green Recycling Solutions LLC Maysville, North Carolina
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Regulation 15A NCAC 13B .0536(a) SITE STUDY FOR C&DLF FACILITIES (a) (a) Purpose. As required under Rule .0535 of this Section, the owner or operator must prepare a site study which meets the requirements of this Rule. The Division shall review the site study for a proposed new facility prior to consideration of an application for a permit to construct. Following review of the site study, the Division shall notify the applicant that:
(1) the site is deemed suitable and the applicant is authorized to prepare an application for a permit to
construct in accordance with Rule .0535 of this Section; or
(2) the site is deemed unsuitable for establishing a C&DLF unit(s) and shall specify the reasons that
would prevent the C&DLF unit(s) from being operated in accordance with G.S. 130A Article 9, or this
Subchapter, and any applicable federal laws and regulations.
Discussion
ERM NC, Inc. (ERM) has been contracted by Green Recycling Solutions, LLC of Jacksonville, North
Carolina to perform services to complete a Site Suitability Study for the proposed site in accordance
with NCDENR regulations 15A NCAC 13B .0536(a) through (c).
Regulation 15A NCAC 13B .0536(b) SITE STUDY FOR C&DLF FACILITIES (b)
(b) Scope. The site is the land which is proposed for the landfill facility. The site study presents a
characterization of the land, incorporating various investigations and requirements pertinent to
suitability of a C&DLF facility. The scope of the site study includes criteria associated with the public
health and welfare, and the environment. The economic feasibility of a proposed site is not within the
scope of this study. The information in the site study must accurately represent site characteristics and
must be prepared by qualified environmental professionals as set forth in Subparagraph (a)(3) of Rule
.0202 of this Subchapter. New C&DLF unit(s) and lateral expansions must comply with the siting
criteria set forth in Paragraph (c) of this Rule, Subparagraphs (4) through (10). In order to demonstrate
compliance with specific criteria for each of the respective location restrictions, documentation or
approval by agencies other than the Division of Waste Management, Solid Waste Section may be
required. The scope of demonstrations including design and construction performance must be
addressed in the site study.
Discussion
ERM NC, Inc. (ERM) has been contracted by Green Recycling Solutions, LLC of Jacksonville, North
Carolina to perform services to complete a Site Suitability Study for the proposed site in accordance
with NCDENR regulations 15A NCAC 13B .0536(a) through (c). The Site Study was performed under
the supervision of ERM’s David W. Wasiela, P.E., a Professional Engineer registered in North Carolina
(Registration #20770), and Thomas M. Wilson, P.G., a licensed Professional Geologist registered in
North Carolina (Registration #1113). The results of ERM’s study are presented in this Site Suitability
Report. Local and State agencies have provided individual approval for components of this study as
needed. Individual approvals are referenced within the study pertaining to the specific regulation
requiring such approvals.
Site Suitability Report December 16, 2011 Green Recycling Solutions LLC Maysville, North Carolina
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Regulation 15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (c)(1)(A-I) (c) The site study prepared for a C&DLF facility must include the information required by this Paragraph. (1) Characterization study. The site characterization study area includes the landfill facility and a 2000foot perimeter measured from the proposed boundary of the landfill facility. The study must
include an aerial photograph taken within one year of the original submittal date, a report, and a local
map. The map and photograph must be at a scale of at least one inch equals 400 feet. The study must
identify the following:
(A) the entire property proposed for the disposal site and any on-site easements;
(B) existing land use and zoning;
(C) the location of residential structures and schools;
(D) the location of commercial and industrial buildings, and other potential sources of contamination;
(E) the location of potable wells and public water supplies;
(F) historic sites;
(G) state nature and historic preserves;
(H) the existing topography and features of the disposal site including: general surface water drainage
patterns and watersheds, 100-year floodplains, perennial and intermittent streams, rivers, and lakes;
and
(I) the classification of the surface water drainage from landfill site in accordance with 15A NCAC 02B
.0300.
Discussion
The site characterization map, including the proposed landfill facility boundary and a 2,000-
foot perimeter study area is presented in Appendix I. Topography on the site ranges from a
high elevation of 40.0 MSL to 37.0 MSL based on the most recent Lidar data available from the
North Carolina Floodplain Mapping Program updated through 2010. There is no
predominant direction of topographic relief; the site is relatively flat.
Within the 2,000-ft characterization limits, the following items do not exist:
Private residences with water supply wells
Water supply intakes
Natural surface waters
100-yr Floodplain
Commercial or Industrial Buildings
Historic sites
State Nature or historic preserves
The nearest surface water is an unnamed tributary to the White Oak River beyond the limits
of this characterization study. In this area, the White Oak River is classified as class “C”
Site Suitability Report December 16, 2011 Green Recycling Solutions LLC Maysville, North Carolina
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waters. The definition of a class “C” water provided by NCDENR – Division of Water Quality follows: “Class C Waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic
life including propagation, survival and maintenance of biological integrity, and agriculture.
Secondary recreation includes wading, boating, and other uses involving human body contact with
water where such activities take place in an infrequent, unorganized, or incidental manner.”
Due to the sandy soil conditions within this area of Jones County, rainfall generated runoff
typically infiltrates into the underlying soils within unpaved or built upon areas. In the event
that storm water generated from the landfill facility traveled to the White Oak River, the
Division of Water Quality does not require special provisions for landfill development for this
water quality classification (See Below).
Site Suitability Report December 16, 2011 Green Recycling Solutions LLC Maysville, North Carolina
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Current Zoning of the property is I-1 in accordance with the Maysville Zoning Ordinance. a Conditional Use Permit to operate a Construction and Demolition Debris (C&D) Landfill and Recycling Center in 1-1 zoning district as a permitted use under §7.07C of the Maysville Zoning Ordinance was approved on August 4, 2011. A copy of the Conditional Use Approval is included in Appendix IX along with other Local Government approvals.
Regulation 15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (c)(2)
(2) Proposed Facility Plan. A conceptual plan for the development of the facility including drawings
and a report must be prepared which includes the drawings and reports described in Subparagraphs
(d)(1), (e)(1), (e)(2), and (e)(3) of Rule .0537 of this Section.
Discussion
A Facility Plan Report was prepared for the Franchise Agreement with the Town of Maysville
and is included in Appendix II. The Facility Plan includes discussions pertaining to the
proposed recycling & recovery center that will be permitted separately with the Division of
Waste Management.
Regulation 15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (c)(3)
(3) Site Hydrogeologic Report. The study must be prepared in accordance with the requirements set
forth in Paragraph (a) of Rule .0538 of this Section.
Discussion
A Site Hydrogeologic Study has been completed for the proposed Green Recycling Solutions
LLC, C&D Landfill and is included in Appendix III. This study was prepared as a “stand
alone” document to document the specific requirements of regulations 15A NCAC 13B
.0538(a).
Regulation 15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (c)(4)(A-B)
(4) Floodplain Location Restrictions;
(A) C&DLF units or constructed embankments used to construct a C&DLF unit must not be located in
a 100-year floodplain unless a variance for the facility has been issued in accordance with G.S. 143-
215.54A.
(B) C&DLF units must not be located in floodplains unless the owners or operators demonstrate that
the unit will not restrict the flow of the flood, reduce the temporary water storage capacity of the
floodplain, or result in washout of solid waste so as to pose a hazard to human health and the
environment.
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Discussion The 100-yr floodplain does not encroach on any portion of the proposed C&D Landfill facility based on the FEMA Flood Insurance Rate Map Number 3720542200K, Panel 5422, which is presented in Appendix IV. The closest mapped floodplain area is on the west side of White Oak River Road and has a base flood elevation of 27.0 MSL; nine (9) feet lower than the
proposed sites lowest elevation.
Regulation 15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (c)(5)(A-H)
(5) Wetlands Location Restriction. New C&DLF units and lateral expansions must not be located
in wetlands, unless the owner or operator can make the following demonstrations to the Division:
(A) Where applicable under Section 404 of the Clean Water Act or applicable State wetlands laws, the
presumption that a practicable alternative to the proposed landfill facility is available which does not
involve wetlands is clearly rebutted.
(B) The construction and operation of the C&DLF unit(s) will not cause or contribute to violations of
any applicable State water quality standards and will not violate any applicable toxic effluent standard
or prohibition under Section 307 of the Clean Water Act.
(C) The construction and operation of the C&DLF unit(s) will not jeopardize the continued existence of
endangered or threatened species or result in the destruction or adverse modification of a critical
habitat, protected under the Federal Endangered Species Act of 1973. The construction and operation
of the C&DLF unit(s) will not violate any requirement under the Marine Protection, Research, and
Sanctuaries Act of 1972 for the protection of a marine sanctuary.
(D) The construction and operation of the C&DLF unit(s) will not cause or contribute to significant
degradation of wetlands.
(E) The owner or operator must demonstrate the integrity of the C&DLF unit(s) and its ability to
protect ecological resources by addressing the following factors: (1) erosion, stability, and migration
potential of native wetland soils, muds and deposits used to support the C&DLF unit; (2) erosion,
stability, and migration potential of dredged and fill materials used to support the C&DLF unit; the
volume and chemical nature of the waste managed in the C&DLF unit; (3) impacts on fish, wildlife,
and other aquatic resources and their habitat from release of the solid waste; (4) the potential effects of
catastrophic release of waste to the wetland and the resulting impacts on the environment; and (5) any
additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently
protected to the extent required under Section 404 of the Clean Water Act or applicable State wetlands
laws.
(F) The owner or operator must demonstrate that steps have been taken to attempt to achieve no net
loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the
maximum extent practicable as required by Part (c)(5)(A) – (D) of this Rule, then minimizing
unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable
wetland impacts through all appropriate and practicable compensatory mitigation actions (e.g.,
restoration of existing degraded wetlands or creation of man-made wetlands).
(G) The owner or operator must also demonstrate that sufficient information is available to make a
reasonable determination with respect to each of the demonstrations required by this Rule.
(H) For purposes of this Rule, wetlands means those areas that are defined in 40 CFR 232.2(r).
Site Suitability Report December 16, 2011 Green Recycling Solutions LLC Maysville, North Carolina
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DiscussionA comprehensive wetlands delineation was performed for the Green Co Land, LLC property including the proposed C&D Landfill facility limits. The delineation was performed by Mr. Haywood Pittman of Pittman Soil Consulting in Richlands, North Carolina. Following original identification and field designation/flagging of wetland areas, Mr. Pittman met with
Army Corp of Engineers (ACOE) Representatives on site to review the results of the
delineation. Following approval of the field delineation by ACOE, surveying of the limits of
wetland areas identified in the field was surveyed by Parker & Associates, Inc. of Jacksonville,
North Carolina. A surveyed sealed plat was prepared and submitted to the ACOE by Parker
& Associates, Inc. for final approval. ACOE signed the surveyed plat for wetland delineation
on November 30, 2011. A copy of the final wetlands survey plat signed by ACOE is included
in Appendix V.
The surveyed wetland limits have been incorporated into proposed Facility Plans for the
proposed C&D Landfill facility. A copy of the Facility Plan submitted with the Town of
Maysville Franchise Agreement including these wetland limits is included in Appendix V. As
shown on the Facility Plan, development of the proposed C&D Landfill will not impact any of
the areas designated as wetlands by ACOE. The proposed limits of landfill have been defined
on the facility plan to maintain a 50-ft buffer between proposed landfill and wetland areas.
Maintaining a buffer between the landfill units and wetland areas allows for installation of
appropriate erosion and sedimentation control devices to restrict the transport of sediments
into wetland areas. Such devices will be incorporated into the erosion and sedimentation
control plan during the design permitting phase of the project for approval by NCDENR –
Division of Land Quality.
The proposed final slopes for the C&D Landfill will be 4H:1V to allow for ample slope
stability during operation and following closure to avoid a catastrophic release of waste into
wetlands. The proposed C&D Landfill will be constructed with a base liner system and storm
water control measures designed for the 25-year, 24-hour storm event to further protect
impacts to surrounding wetland areas.
This C&D Landfill will be unique since all waste received will be processed at the neighboring
proposed C&D recycling and recovery center. The processing of the waste will allow for
inspection of all incoming waste to the facility and only acceptable C&D waste as defined
under NCDENR regulation that is not deemed a recyclable or recoverable material will be
directed to the landfill for disposal. Unacceptable waste by C&D waste definition will be
identified and removed during the processing. The coupling of these two facilities allows for
an additional level of environmental protection.
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In summary, development of the proposed facility has been designed to avoid all wetland impacts identified within the facility limits. Further measures will be incorporated into the final design of the landfill facility to avoid impacts due to storm water runoff, sediment transport or catastrophic release of waste into wetlands. Protection of endangered or threatened species and their habitats is addressed later in this study (Regulation 15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (c)(10) and Appendix VIII).
Regulation 15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (c)(6)(A-C)
(6) Unstable Area Location Restrictions. Owners and operators of new C&DLF unit(s) and lateral
expansions proposed for location in an unstable area must demonstrate that engineering measures have
been incorporated in the C&DLF unit's design to ensure that the integrity of any structural
components of the C&DLF unit will not be disrupted. The owner and operator must consider the
following factors, at a minimum, when determining whether an area is unstable:
(A) On-site or local soil conditions that may result in significant differential settling;
(B) On-site or local geologic or geomorphologic features; and
(C) On-site or local human-made features or events (both surface and subsurface).
Discussion
No unstable areas have been identified within the proposed landfill limits during this site
study and site hydrogelogic investigation. Some “low blow count” soils were identified
during the installation of soil test borings at depths well below ground surface that will be
evaluated further during the design permitting phase for this project. In all cases these
materials are below the ground water table and may be accounted for by predicting long term
settlement and increasing the slope of landfill floor elevations.
Unstable areas may exist within the delineated wetland limits. These areas are not included
within proposed C&D Landfill units or ancillary development.
Regulation 15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (c)(7)
(7) Cultural Resources Location Restrictions. A new C&DLF unit or lateral expansion must not
damage or destroy a property of archaeological or historical significance which has been listed or
determined eligible for a listing in the National Register of Historic Places. To aid in making a
determination as to whether the property is of archeological or historical significance, the State's
Historic Preservation Office in the Department of Cultural Resources may request the owner and
operator to perform a site-specific survey which must be included in the Site Study.
Discussion
ERM submitted a letter and site plan to Ms. Renee Gledhill-Earley of the State of North
Carolina Deputy State Historic Preservation Office to request information concerning the
probability of significant sites on March 24, 2011 (a copy of the letter is included in Appendix
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VI). Ms. Gledhill-Earley responded via letter dated April 11, 2011 that her office reviewed the project and “are aware of no historic resources which would be affected by the project. Therefore we have no comment on the project as proposed.” A copy of Ms. Gledhill-Earley’s letter is included in Appendix VI. Regulation 15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (c)(8)
(8) State Nature and Historic Preserve Location Restrictions. A new C&DLF unit or lateral
expansion must not have an adverse impact, considering the purposes for designation of the Preserve
lands and the location, access, size and operation of the landfill, on any lands included in the State
Nature and Historic Preserve.
Discussion
ERM submitted a letter and site plan to Ms. Renee Gledhill-Earley of the State of North
Carolina Deputy State Historic Preservation Office to request information concerning the
probability of significant sites on March 24, 2011 (a copy of the letter is included in Appendix
VI). Ms. Gledhill-Earley responded via letter dated April 11, 2011 that her office reviewed the
project and “are aware of no historic resources which would be affected by the project.
Therefore we have no comment on the project as proposed.” A copy of Ms. Gledhill-Earley’s
letter is included in Appendix VI.
Regulation 15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (c)(9)(A-B)
(9) Water Supply Watersheds Location Restrictions;
(A) A new C&DLF unit or lateral expansion must not be located in the critical area of a water supply
watershed, or in the watershed for a stream segment classified as WS-I, or in watersheds of other water
bodies which indicate that no new landfills are allowed in accordance with the rules codified at 15A
NCAC 02B Section .0200 entitled "Classifications and Water Quality Standards Applicable To Surface
Waters Of North Carolina."
(B) Any new C&DLF unit or lateral expansion, which proposes to discharge leachate to surface waters
and must obtain a National Pollution Discharge Elimination System (NPDES) Permit from the
Division of Environmental Management pursuant to Section 402 of the United States Clean Water
Act, must not be located within watersheds classified as WS-II or WS-III, or in watersheds of other
water bodies which indicate that no new discharging landfills are allowed, in accordance with the rules
codified at 15A NCAC 02B Section .0200.
Discussion
This item was previously discussed in the Site Characterization discussion for Regulation 15A
NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (c)(1)(A-I) and is repeated below.
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The nearest surface water is an unnamed tributary to the White Oak River beyond the limits of this characterization study. In this area, the White Oak River is classified as class “C” waters. The definition of a class “C” water provided by NCDENR – Division of Water Quality follows: “Class C
Waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic
life including propagation, survival and maintenance of biological integrity, and agriculture.
Secondary recreation includes wading, boating, and other uses involving human body contact with
water where such activities take place in an infrequent, unorganized, or incidental manner.”
Due to the sandy soil conditions within this area of Jones County, rainfall generated runoff
typically infiltrates into the underlying soils within unpaved or built upon areas. In the event
that storm water generated from the landfill facility traveled to the White Oak River, the
Division of Water Quality does not require special provisions for landfill development for this
water quality classification (See Below).
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At the time of this study, it has not been determined if the site will contain a discharge. The Facility Plan submitted with the Franchise Agreement has set aside an area that may include temporary storage tanks for pumping and hauling of leachate if needed. A final determination will be made during the design permitting portion for this project. Additionally we have included the Environmental Sensitive Areas Map for Jones County
made available by the NCDENR – Division of Water Quality in Appendix VII. There are no
“environmentally sensitive areas” noted within the immediate vicinity of the proposed site.
Regulation 15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (c)(10)
(10) Endangered and Threatened Species Location Restrictions. A new C&DLF unit or lateral
expansion must not jeopardize the continued existence of endangered or threatened species or result in
the destruction or adverse modification of a critical habitat, protected under the Federal Endangered
Species Act of 1973.
Discussion
ERM submitted a letter and site plan to Mr. Pete Benjamin of the US Fish & Wildlife Service,
Raleigh Ecological Services Field Office to request information concerning the probability of
endangered or threatened species that may be impacted by the proposed project on March 24,
2011 (a copy of the letter is included in Appendix VIII). Mr. Benjamin responded to ERM on
April 12, 2011 via a letter stating “Based on the information provided and other information
available, it appears that the proposed action is not likely to adversely affect any federally-listed
endangered or threatened species, their formally designated critical habitat, or species currently
proposed for listing under the Act at these sites.” A copy of Mr. Benjamin’s letter is included in
Appendix VIII. Mr. Benjamin did note in his letter that his office is concerned about aquatic
resources susceptible to sedimentation. The design will include appropriate erosion and
sedimentation control devices for permitting purposes and development is not located in the
immediate vicinity of surface water bodies.
Regulation 15A NCAC 13B .0536 SITE STUDY FOR C&DLF FACILITIES (c)(11)(A-E)
(11) Local government approvals for C&DLFs.
(A) If the permit applicant is a unit of local government in which jurisdiction the proposed C&DLF site
is located, the approval of the governing board shall be required. Approval may be in the form of either
a resolution or a vote on a motion. A copy of the resolution or the minutes of the meeting where the
vote was taken must be submitted to the Division as part of the site study.
(B) A permit applicant other than the unit of local government with jurisdiction over the proposed
landfill site must obtain a franchise in accordance with G.S 130A-294(b1)(3) from each unit of local
government in whose jurisdiction the site is located. A copy of the franchise must be submitted to the
Division as part of the site study.
(C) Prior to issuance of approval or a franchise, the jurisdictional local government(s) where the landfill
is to be located shall hold at least one public meeting to inform the community of the proposed waste
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management activities as described in the proposed facility plan prepared in accordance with Subparagraph (2) of this Paragraph. The local government where the landfill is to be located shall provide a public notice of the meeting at least 30 days prior to the meeting. For purposes of this Part, public notice must include a legal advertisement placed in a newspaper or newspapers serving the county and provision of a news release to at least one newspaper serving the county. Public notice must include time, place, and purpose of the meetings required by this Part. The application for a franchise or
other documentation as required by the appropriate local government(s), must be placed at a location
that is accessible by the public. This location must be noted in the public notice. The permit applicant
must notify the property owners of all property that shares a common border with the proposed facility
by means of a U.S. Postal Service registered letter, return receipt requested. The notice must give the
date, time and place of the public meeting, and must describe the facility plan for the landfill, including
the areal location and final elevation of all waste disposal units, the type and amount of waste to be
disposed at the landfill, any other waste management activities to be conducted at the facility, and the
proposed location of the entrance to the facility. Mailings must be postmarked a minimum of 30 days
prior to the public meeting which is being noticed. The applicant must provide documentation of the
content and mailing of the notices in the site study.
(D) Public notice of the meeting must be documented in the site study. A tape recording or a written
transcript of the meeting, all written material submitted representing community concerns, and all
other relevant written material distributed or used at the meeting must be submitted as part of the site
study.
(E) A letter from the unit of local government(s) having zoning jurisdiction over the site which states
that the proposal meets all the requirements of the local zoning ordinance, or that the site is not zoned,
must be submitted to the Division as part of the site study.
Discussion
A copy of all local government approvals from the Town of Maysville are included in
Appendix IX. The Town of Maysville executed a Franchise Agreement with Green Recycling
Solutions LLC dated July 7, 2011. The agreement was executed following a unanimous vote
for approval during a public hearing conducted at Maysville Town Hall on July 7, 2011 at
7:00pm. A copy of the meeting minutes is included in Appendix IX. A copy of the public
notification for the public hearing is also included in Appendix IX.
During the referenced public hearing, the town also voted to approve voluntary annexation of
the property into the Town of Maysville limits and grant zoning approval to allow
development and operation of a C&D Landfill and recycling & recovery facility in I-1
designated zoning. A copy of the Zoning/Subdivision Text Amendment Application is also
included in Appendix IX for reference.
The copy of the executed Franchise Agreement includes the attachments referenced including
the proposed Facility Plan prepared in accordance with Subparagraphs (d)(1), (e)(1), (e)(2), and
(e)(3) of Rule .0537. A copy of the Facility Plan is also included in Appendix II.
Appendix I Site Characterization Study
2,000-Ft Radius Sudy Area Map
1” = 400’ Scale
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5
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"
E
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4
"
E
210.00'
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0
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"
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61.71
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183.29'
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5
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7
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238.8
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8
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E
134.4
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128.52'N29°16'0
4
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202.60'
N44°58'1
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4
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390.
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NOTES:AERIAL IMAGE TAKEN FROM JONES COUNTY, NC GIS SYSTEM,AERIAL DATED 2010.LANDFILL FACILITY FEATURES AND COMPONENTS TAKEN FROM GREEN RECYCLING SOLUTIONS LLC FRANCHISE FACILITY PLAN PREPARED BY ERM NC, INC. MAY 2011.FRANCHISE FACILITY PLAN APPROVED BY TOWN OF MAYSVILLE,NC JULY 7, 2011.PROPERTY BOUNDARY INFORMATION TAKEN FROM JONES COUNTY GIS SYSTEM AND SUPPLEMENTED BY PROPERTY SURVEYS PERFORMED BY PARKER & ASSOCIATES, JACKSONVILLE,NC.THE PROPOSED C&D LANDFILL FACILITY BOUNDARY IS LOCATED WITHIN THE JURISDICTIONAL LIMITS OF THE TOWN OF MAYSVILLE.
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SITE SUITABILITY NOTES:THERE ARE NO PRIVATE OR PUBLIC WATER SUPPLY WELLS WITHIN THE 2,000-FT FACILITY BUFFER AS SHOWN. PRIVATE RESIDENCES ALONG U.S. HIGHWAY 17 AND WHITE OAK RIVER ROAD ARE SUPPLIED WATER SERVICE BY JONES COUNTY PUBLIC UTILITY AND MAYSVILLE PUBLIC UTILITY.A 500-FT BUFFER RADIUS IS SHOWN FOR EACH PRIVATE RESIDENCE LOCATED NEAR THE PROPOSED LANDFILL FACILITY.THERE ARE NO SCHOOLS LOCATED WITHIN THE 2,000-FT FACILITY BUFFER AS SHOWN.THERE ARE NO AREAS WITHIN THE 2,000-FT FACILITY RADIUS LOCATED WITHIN A 100-YR FLOODPLAIN BASED ON CURRENT FEMA NC FIRM INFORMATION FIRM MAP NUMBER 3720542200K.NC DEPARTMENT OF CULTURAL RESOURCES CONFIRMED THEY "are aware of no historic resources which would be affected by the project", APRIL 11, 2011.PROPOSED CONTOURS AND GRADES ARE PRELIMINARY PENDING FINAL DESIGN AND PERMITTING.MINIMUM BUFFER BETWEEN PRIVATE RESIDENCE AND EDGE OF WASTE IS 500-FT.MINIMUM BUFFER BETWEEN PROPOSED EDGE OF WASTE AND PROPERTY BOUNDARY IS 200 FT.MINIMUM BUFFER BETWEEN PROPOSED EDGE OF WASTE AND WETLAND LIMITS IS 50 FT.PROPOSED LANDFILL FINAL SLOPES AS SHOWN ARE 4H:1V.EROSION & SEDIMENTATION CONTROL DEVICES SHALL BE DESIGNED IN ACCORDANCE WITH NCDENR - DIVISION OF LAND QUALITY.STORMWATER MANAGEMENT SHALL BE PERMITTED IN ACCORDANCE WITH NCDENR - DIVISION OF WATER QUALITY.THE PROPOSED C&D LANDFILL, RECYCLING CENTER AND APPURTENANCES SHALL BE PERMITTED IN ACCORDANCE WITH NCDENR - DIVISION OF WASTE MANAGEMENT.A PROPOSED LANDFILL COMPLIANCE BOUNDARY OF 200-FT BEYOND LIMITS OF WASTE IS PROPOSED.NEAREST SURFACE WATER IS WHITE OAK RIVER AND AN UNNAMED TRIBUTARY TO WHITE OAK RIVER BEYOND 2,000-FT CHARACTERIZATION LIMITS.CURRENT ZONING FOR THE PROPOSED LANDFILL PROPERTY IS I-1 FOR TOWN OF MAYSVILLE.THERE ARE NO KNOWN POTENTIAL INDUSTRIAL SOURCES OF POLLUTION WITHIN THE STUDY AREA.
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Appendix II
Facility Plan Report
This Facility Plan Report was submitted to the Town of Maysville for Franchise Agreement
Approval.
1
CONSTRUCTION AND DEMOLITION DEBRISRECYCLING AND LANDFILL FACILITY PLAN
Prepared for:
Division of Solid Waste, NC Dept. of Environment and Natural
Resources
Town of Maysville
Prepared by:
ERM NC, Inc.
8000 Corporate Center Drive
Suite 200
Charlotte, North Carolina 28226
On behalf of:
Green Recycling Solutions, LLC
Maysville, North Carolina
Regulatory Authorities:
North Carolina General Statutes – G.S. 130-294
NCDENR Division of Waste Management Rules 15ANCAC 13B .0536 & .0537
Maysville Franchise Ordinance for Construction Debris Landfills
May 27, 2011
2
I.IntroductionGreen Recycling Solutions, LLC (“Green Recycling”) proposes to construct andoperate a construction and demolition debris recycling and disposal facility on a58 acre site, on Highway 17 near White Oak River Road, in Jones County. GreenRecycling is petitioning to have the property annexed into the Town ofMaysville, and has applied for the requisite conditional use permit and franchise
from Maysville. The site location is shown on the property annexation boundary
survey prepared by Parker & Associates, Inc. and attached with this report.
The facility would receive waste from within the limits of Jones County and
surrounding counties including Craven, Carteret, Onslow, Duplin and Lenoir.
Only waste that is initially received and processed at the recycling center will be
disposed of in the proposed C&D Landfill. Per the requirements of 15 NCAC
13B.0537 and Maysville’s Franchise Ordinance for Construction Debris Landfills,
this Facility Plan focuses on the proposed landfill.
II.Facility Drawings ( Rule 13B .0537(d)(1)(A-F))
A site plan prepared by ERM NC, Inc. is attached with this report in accordance
with NCDENR – Division of Waste Management Rule 15A NCAC .0537(d)(1)(A-
F). In accordance with rule requirements, that site plan illustrates aerial limits of
landfill units and buffer requirements. The site plan includes limits of grading
and proposed borrow areas located on-site. As required, the site plan illustrates
the proposed final contours at 2-ft intervals reaching a maximum elevation of
88.0 feet above mean seal level utilizing 4H:1V slopes during landfilling
operations. The site plan was developed utilizing topographic data supplied by
the North Carolina Flood Plain Mapping Program (2005) and available for public
use. The property annexation boundary survey shown on the site plan was
performed by Parker & Associates, Inc. A copy of the sealed survey and legal
description is attached for reference.
The site plan also includes locations for the proposed recycling facility and site
access to US Highway 17. A potential leachate storage area is shown adjacent to
the proposed C&D Landfill if deemed necessary during the permitting process.
Scales and scale house are shown at the recycling center.
Asshownonthesiteplan,therearesix,5-year phases of development and use of
the landfill, for a total operational life of 30 years.
3
Floodplains do not encroach on lands within the proposed site propertyboundary according to the FEMA NC FIRM Panel 5422 dated November 3, 2005.Cultural resources will not be impacted by development of the C&D Landfill asconfirmed by NC Department of Cultural Resources letter dated April 11, 2011(copy attached).
Wetlands located on site will not be impacted by development of the proposed
C&D landfill. A wetland delineation was performed by Pittman Soil Consulting,
confirmed by United States Army Corp of Engineers and surveyed by Parker &
Associates, Inc. as shown on the Facility Plan.
Additionally, US Fish & Wildlife confirmed that project development will not
impact endangered or threatened species or their habitat (letter dated April 12,
2011 – attached).
III.Facility Report (Rule 13B .0537(e)(1)(A-E))
The proposed C&D Landfill will receive waste as defined by North Carolina
Department of Environment and Natural Resources (NCDENR), Division of
Waste Management as Construction & Demolition Debris, Yard Waste and Land
Clearing & Inert Debris only. All waste received at the facility will first be
processed at the recycling center where it will be determined if it can be recycled.
Waste will be thoroughly inspected by processing through a tipping floor and
sorting lines at the recycling center. This will greatly reduce the potential for
unacceptable waste to reach the landfill. (The desired recycling recovery rates
are discussed below.) Any acceptable waste that is not recycled will be
transported from the recycling center to for deposit in the landfill. Unacceptable
waste, i.e., any waste the facility is not permitted to accept, will be identified at
the recycling center and either returned to the hauler delivering the waste or
transported to and disposed of at a permitted facility followed by invoicing the
hauler for permitted disposal.
The facility will serve the population, businesses, municipalities and industry
within the counties of Jones, Craven, Carteret, Onslow, Duplin and Lenoir.
The C&D Landfill will be operated utilizing a bulldozer for spreading waste in
manageable lifts and equipment for deliveringcoversoils;eitherapanexcavator
or combination of trackhoe and dump truck. If permitted by NCDENR, the C&D
4
Landfill will utilize a tarp system to reduce the amount of cover soils placed inthe landfill.IV.Facility Report – Landfill Capacity (Rule 13B .0537(e)(2)(A-B))As noted, the proposed C&D Landfill is anticipated to have an operational life of30 years operating 6, 5-year phases. A “Preliminary Facility Capacity &
Assumptions” is attached with this report for reference. As illustrated in this
attachment, the anticipated annual waste stream arriving at the facility is 300
tons per day and reaches a maximum of 575 tons per day for years 24 through 30.
As the facility begins operation an anticipated recycling/recovery rate of 63% is
utilized based on facility start up. The recycling rate steadily increases to a
maximum of 87% of waste received at year 9 and continues through year 30.
Therefore, as the waste received increases the efficiency of recycling and
recovering materials increases. This study is based on results seen at similar
facilities in operation in Florida utilizing the same equipment and recycling
facility plan. (The anticipated waste received at the facility is based upon current
disposal rates of C&D waste by the larger construction and contracting
companies in the proposed service area.)
Based on the results of our analysis, the maximum waste anticipated to be
received at the C&D landfill will be 31,635 tons per year. With an operating year
consisting of 285 days, this tonnage equates to an average of 111 tons per day.
The proposed waste stream is anticipated to be less in the years following initial
start-up of the recycling facility. Refer to the “Preliminary Facility Capacity &
Assumptions” attachment for detailed information concerning anticipated waste
stream.
The proposed C&D landfill as shown on the site plan has a gross capacity of
831,516 cubic yards. Given the recycling component of the operation, waste
material delivered to the landfill will lack heavier constituents such as metals,
concrete and wood. As a result, the density of waste will be less than typically
seen at C&D landfills. Therefore, we have assumed an in place waste density for
this facility of approximately 0.5 tons per cubic yard. This rate also includes the
use of soil cover during operations at a rate of 7.9 percent.
Based on our study included in the “Preliminary Facility Capacity &
Assumptions”, the landfill will require 318,614 cubic yards of clean fill soils to
provide for construction of landfill Phases, cover soils and final cover soil.
Construction of the C&D landfill will require 58,806 cubic yards of low
5
permeable soil for permitting requirements concerning a base liner system.These soils are present on site within the proposed landfill footprint based onpreliminary test pits performed under the supervision of Pittman Soil Scientists(copy attached). Depth to ground water is included in the test pit logs andindicate that a 4-ft vertical separation from groundwater and minimum postsettlement landfill floor grade of 2 percent may be achieved with minimal sitegrading.
Borrow soils are available from on-site and adjacent properties owned by Green
Co Land, LLC. Additionally, non-select cover soil will be available to the C&D
landfill from the recycling facility process.
V.Facility Report – Special Engineering Features (Rule .0537(e)(3)(A-D))
The site plan includes an area designated for leachate storage tanks that would
utilize a pump and haul operation for delivery to a permitted waste water
treatment plant. This area is shown as “potential” on the site plan, and will be
dependent upon final design and the State permitting process. By design, the
facility will minimize leachate generation by constructing small Cells within each
Phase that shall be approximately one acre in size. Each Phase will contain three
of these Cells. Once a new Cell is constructed, approximately every 18 months,
the first waste lift may be quickly placed across the Cell floor and above the
surrounding 6-ft perimeter berm height to promote runoff and reduce leachate
generation.
There will be a low permeable barrier across the floor of the proposed C&D
landfill. According to the attached test pit reports performed by Pittman Soil
Scientists, low permeable soils are in place within the footprint of the proposed
landfill (Raines) and could be left in place or reworked to provide a low
permeable barrier. These soils will require additional laboratory testing during
the permitting process to verify adequacy. Based on the outcome of these
studies, an alternative base liner equivalent may be selected if necessary.
The recycling center is a special engineering feature. By virtue of that center, the
process of waste presentation and inspection at that center as described above,
unacceptable waste may be more readily identified, minimizing the chances of it
being deposited in the landfill.
Once the landfill operating capacity is reached, a low permeable cap will be
installed across the entire waste disposal limits. The cap will be designed to meet
6
or exceed the minimum requirements per NCDENR regulations at the time ofpermitting the landfill. For the purpose of this report, a landfill cap including a40-mil linear low density polyethylene liner is proposed. Timing of capinstallation will be determined during the permitting process.The C&D landfill facility will include ground water and landfill gas monitoringwell networks to meet or exceed the NCDENR regulations at the time of
permitting. The number of wells and depths of wells will be determined based
on the design hydrogeologic study performed during permitting.
Typical operations of the C&D Landfill will include the following (all items will
need approval from NCDENR following review of an operations plan):
Acceptance of waste solely from the Green Recycling Solutions, LLC
recycling facility where waste is weighed and recorded at facility’s scales.
Equipment operators will direct hauler where to place load within the
operational landfill Cell.
The delivered waste will be spread evenly in lifts not to exceed 8 feet in
vertical height and visually inspected by the equipment operator for
unacceptable waste.
Waste shall be covered with a minimum six-inch thick soil layer weekly at
a minimum frequency provided the working face does not exceed 1/3 of
an acre requiring cover placement sooner.
A tarp system may be considered on a routine basis to reduce the amount
of cover soils placed in the landfill.
ATTACHMENTSList of AttachmentsFacility PlanLegal Description of Facility Property
Sealed Survey Plat for Facility Property Boundary
Letter from NC Department of Cultural Resources
Letter from US Fish & Wildlife
Preliminary Facility Capacity and Assumptions
Test Pits Performed by Pittman Soil Scientists
Facility Plan
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DESIGN
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Legal Description of Facility Property
Sealed Survey Plat for Facility Boundary
Letter from NC Department of Cultural Resources
North Carolina Department of Cultural Resources State Historic Preservation Office Claudia Brown, Acting Administrator Beverly Eaves Perdue, Governor Office of Archives and History Linda A. Carlisle, Secretary Division of Historical Resources Jeffrey J. Crow, Deputy Secretary David Brook, Director
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599
April 11, 2011
David Wasiela
ERM NC, Inc.
800 Corporate Center Drive
Suite 200
Charlotte, NC 28226
Re: Maysville C&D Recycling Center & Landfill, US 17, Maysville, Jones County, ER 11-0456
Dear Mr. Wasiela:
Thank you for your email of March 25, 2011, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act 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 919-807-6579. In all future
communication concerning this project, please cite the above-referenced tracking number.
Sincerely,
Claudia Brown
Letter from US Fish & Wildlife
Preliminary Facility Capacity and Assumptions
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-
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-
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TP
-
8
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1 4 8 2 .7 4 '
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5 7 '
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PR
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T
Y
B
O
U
N
D
A
R
Y
TP
-
1
6
Appendix III Site Hydrogeologic Report
Appendix IV
FEMA Flood Insurance Rate Map
Map # 3720542200K, Panel 5422
PR
O
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E
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LA
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)
10
0
-
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O
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AR
E
A
Appendix V
Wetland Boundaries
Approved ACOE 404 Jursdictional Delineation
Franchise Facility Plan
Approved ACOE 404 Jursdictional Delineation
Franchise Facility Plan
40
40
404
i
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716.
9
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4
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9
°
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"
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183.29'
S29
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134
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°
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0
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799.36'
PR
O
P
E
R
T
Y
B
O
U
N
D
A
R
Y
US
H
W
Y
1
7
A
C
C
E
S
S
GENERAL NOTES:1.
T
O
P
O
G
R
A
P
H
I
C
I
N
F
O
R
M
A
T
I
O
N
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F
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L
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A
F
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A
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L
I
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A
FLOODPLAIN MAPPING PROGRAM.2.
L
I
M
I
T
S
O
F
W
E
T
L
A
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D
S
A
R
E
B
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A
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A
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W
I
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S
A
C
O
E
APPROVED WETLAND DELINEATION PERFORMED BY PITTMAN SOIL CONSULTING.3.
P
A
R
C
E
L
B
O
U
N
D
A
R
Y
I
N
F
O
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M
A
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&
A
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A
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S
,
I
N
C
.
4.
L
O
C
A
T
I
O
N
S
O
F
S
T
R
U
C
T
U
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E
S
A
N
D
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A
D
S
T
A
K
E
N
F
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J
O
N
E
S
C
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U
N
T
Y
G
I
S
.
5.
P
R
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P
O
S
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D
C
O
N
T
O
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S
A
N
D
G
R
A
D
E
S
A
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P
R
E
L
I
M
I
N
A
R
Y
P
E
N
D
I
N
G
F
I
N
A
L
D
E
S
I
G
N
AND PERMITTING.6.
M
I
N
I
M
U
M
B
U
F
F
E
R
B
E
T
W
E
E
N
P
R
I
V
A
T
E
R
E
S
I
D
E
N
C
E
A
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D
E
D
G
E
O
F
W
A
S
T
E
I
S
5
0
0
-
F
T
.
7.
M
I
N
I
M
U
M
B
U
F
F
E
R
B
E
T
W
E
E
N
P
R
O
P
O
S
E
D
E
D
G
E
O
F
W
A
S
T
E
A
N
D
P
R
O
P
E
R
T
Y
B
O
U
N
D
A
R
Y
IS 200 FT.8.
M
I
N
I
M
U
M
B
U
F
F
E
R
B
E
T
W
E
E
N
P
R
O
P
O
S
E
D
E
D
G
E
O
F
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A
S
T
E
A
N
D
W
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T
L
A
N
D
L
I
M
I
T
S
I
S
5
0
FT.9.
P
R
O
P
O
S
E
D
L
A
N
D
F
I
L
L
F
I
N
A
L
S
L
O
P
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S
A
S
S
H
O
W
N
A
R
E
4
H
:
1
V
.
10.
E
R
O
S
I
O
N
&
S
E
D
I
M
E
N
T
A
T
I
O
N
C
O
N
T
R
O
L
D
E
V
I
C
E
S
S
H
A
L
L
B
E
D
E
S
I
G
N
E
D
I
N
ACCORDANCE WITH NCDENR - DIVISION OF LAND QUALITY.11.
S
T
O
R
M
W
A
T
E
R
M
A
N
A
G
E
M
E
N
T
S
H
A
L
L
B
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P
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I
T
T
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D
I
N
A
C
C
O
R
D
A
N
C
E
W
I
T
H
NCDENR - DIVISION OF WATER QUALITY.12.
T
H
E
P
R
O
P
O
S
E
D
C
&
D
L
A
N
D
F
I
L
L
,
R
E
C
Y
C
L
I
N
G
C
E
N
T
E
R
A
N
D
A
P
P
U
R
T
E
N
A
N
C
E
S
S
H
A
L
L
BE PERMITTED IN ACCORDANCE WITH NCDENR - DIVISION OF WASTE MANAGEMENT.13.
A
P
R
O
P
O
S
E
D
L
A
N
D
F
I
L
L
C
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M
P
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A
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B
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N
D
A
R
Y
O
F
2
0
0
-
F
T
B
E
Y
O
N
D
L
I
M
I
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S
O
F
WASTE IS PROPOSED.14.
1
0
0
-
Y
R
F
L
O
O
D
P
L
A
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N
I
S
N
O
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P
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S
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N
T
O
N
-
S
I
T
E
A
C
C
O
R
D
I
N
G
T
O
N
C
F
L
O
O
D
P
L
A
I
N
MAPPING PROGRAM.15.
N
C
D
E
P
A
R
T
M
E
N
T
O
F
C
U
L
T
U
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A
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S
O
U
R
C
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S
C
O
N
F
I
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M
E
D
T
H
E
Y
"
a
r
e
a
w
a
r
e
o
f
n
o
historic resources which would be affected by the project", APRIL 11, 2011.NOTES:1.
P
R
O
P
O
S
E
D
L
A
N
D
F
I
L
L
D
I
S
P
O
S
A
L
L
I
M
I
T
S
,
P
H
A
S
E
S
1
T
H
R
O
U
G
H
6
,
IS APPROXIMATELY 20.3 ACRES, 30-YEARS OF OPERATIONS.2.
E
A
C
H
P
R
O
P
O
S
E
D
P
H
A
S
E
I
S
A
P
P
R
O
X
I
M
A
T
E
L
Y
3
.
4
A
C
R
E
S
3.
P
H
A
S
E
A
C
R
E
A
G
E
M
A
Y
V
A
R
Y
P
E
N
D
I
N
G
F
I
N
A
L
D
E
S
I
G
N
B
U
T
W
I
L
L
NOT EXCEED 5-YEARS OF OPERATIONAL LIFE.4.
B
A
S
E
D
O
N
P
R
E
L
I
M
I
N
A
R
Y
C
A
L
C
U
L
A
T
I
O
N
S
,
E
A
C
H
P
H
A
S
E
W
I
L
L
B
E
FILLED WITHIN 5 YEARS.5.
T
O
T
A
L
L
A
N
D
F
I
L
L
D
I
S
P
O
S
A
L
C
A
P
A
C
I
T
Y
I
S
A
P
P
R
O
X
I
M
A
T
E
L
Y
850,000 CY OR 413,378 TONS.6.
D
I
S
P
O
S
A
L
C
A
P
A
C
I
T
Y
F
O
R
E
A
C
H
P
H
A
S
E
I
S
A
P
P
R
O
X
I
M
A
T
E
L
Y
68,900 TONS.40 39 6 THIS PLAN IS FOR FRANCHISE PURPOSES ONLY IN ACCORDANCE WITH NC GENERAL STATUTES AND NCDENR DIVISION OF WASTE MANAGEMENT RULES. THIS PLAN IS NOT FOR CONSTRUCTION. THIS PLAN IS NOT FOR FINAL ENGINEERING DESIGN PURPOSES.
ER
M
N
C
,
I
N
C
.
Appendix VI
Cultural Resources and
State Nature and Historic Preserves
ERM Letter to Deputy State Historic Preservation Officer, March 24, 2011
ERM NC, Inc. 8000 Corporate Center Drive Suite 200 Charlotte, NC 28226 (704) 541-8345 (704) 541-8416 (fax) March 24, 2011 State of North Carolina Deputy State Historic Preservation Officer 4617 Mail Service Center Raleigh NC 27699-4617
Ms. Renee Gledhill-Earley, Environmental Review Coordinator
Subject: Proposed C&D Recycling Center & Landfill Site
Preliminary Studies
US Hwy 17, Jones County, North Carolina
Dear Ms. Gledhill-Earley:
In accordance with NCDENR, Division of Waste Management Rule NCAC 13B .0536
(c)(7) and (8), a new Construction & Demolition Debris (C&D) Landfill must not
damage or destroy a property of archeological or historic significance or have an
adverse impact on State nature or historic preserve locations. We have begun
preliminary siting studies for a proposed C&D Recycling Facility and Landfill in Jones
County, North Carolina located between US Highway 17 and White Oak River Road
approximately 1 mile north of Maysville. This property is currently in the process to be
annexed into the Maysville jurisdictional limits. A site location plan identifying the
two land parcels along with proposed areas of land development activities is attached
for reference. We are requesting correspondence from your office to confirm the
absence of significant areas that would be impacted or specific needs for further
investigations based on identifiable areas within the project site. An electronic version
of this letter and attachments is being sent to your attention via e-mail as well for easier
reference.
If you should have any questions or require additional assistance during your review,
you may reach me at (704) 541-8345 or via e-mail at dave.wasiela@erm.com. Thank
you in advance for your time and I look forward to hearing from you.
Sincerely,
David W. Wasiela, P.E.
Senior Project Engineer
Cc: Mr. James Maides – Green Recycling, LLC
Attch: Site Location Plan
Letter from Deputy State Historic Preservation Officer, Renee Gledhill-Earley, April 11, 2011
North Carolina Department of Cultural Resources State Historic Preservation Office Claudia Brown, Acting Administrator Beverly Eaves Perdue, Governor Office of Archives and History Linda A. Carlisle, Secretary Division of Historical Resources Jeffrey J. Crow, Deputy Secretary David Brook, Director
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599
April 11, 2011
David Wasiela
ERM NC, Inc.
800 Corporate Center Drive
Suite 200
Charlotte, NC 28226
Re: Maysville C&D Recycling Center & Landfill, US 17, Maysville, Jones County, ER 11-0456
Dear Mr. Wasiela:
Thank you for your email of March 25, 2011, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act 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 919-807-6579. In all future
communication concerning this project, please cite the above-referenced tracking number.
Sincerely,
Claudia Brown
Appendix VII
NC DENR Division of Water Quality
2010 Environmental Sensitivity Map
Jones County
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T
rentRiver
NEW RIVER
NortheastCreek
BackSwamp
BeaverCreek
BachelorCreek
MosleyCreek
SquiresRun
JoshuaCreek
FallingCreek
MillRun
WHITEOAKRIVER
SouthwestCreek
BlueCreek
Dee
pRun
Mill S wamp
TraceySwamp
BlackSwampCreek
L i mestoneCreek
SouthwestCreek(KellysPond)
Bric e Creek
TuckahoeSwamp
St arkeysCreek
FisherSwamp
CrookedRun
MuddyCr
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HadnotCreek
BigBranch
Ju mpingRun
Reedy Branch
TuckahoeCre
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Island Creek
Beave
rdamCreek
SwiftCreek
BigChinquapinBranch
LittleSwiftCreek
GrantsCreek
VineSwamp
CowhornSwamp
HolstonCreek
BearBranch
LittleNortheastCreek
HalfMoonCreek
Kit Swa mp
PoplarCreek
H eathMillRun
MillsBranch
PeterCreek
BeaverdamSwamp
AngolaCreek
ForkBranch
RolloverCreek
CaswellBranch
J
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uaBranch
WolfSwamp
MusselshellCreek
StonyBranch
T enmileCreek
NinemileSwamp
JumpingCreek
AshBranch
H a r r isCreek
JenkinsSwamp
SquirrelCreek
LongBr
anch
WebbCreek
JerichoRun
ScalesC reek
RattlesnakeBranch
BlackSwamp
MulberryCreek
LittleLimestone Creek
Calebs
Creek
BelchBranch
FrenchBranch
DeepGully
QueenCreek
Horse Branch
HorseSwamp
TheGut
GrapeCreek
TomsBranch
GibsonBranch
Hornpipe Branch
WilsonCreek
Sandy
RunBranch
BuckBranch
Ro ckyRun
Li
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PettifordCreek
YadkinBranch(AdkinBranch)
WestProng
WhiteoakBranch
GumSwamp
Strawberr yBranch
WestProngBriceCreek
CatfishLake
Littl eChinquapinBranch
C ore Creek
CypressCreek
PocosonBranch
CalesCreek
StephensSwamp
MillCreek
CowfordBranch
GreatBranch(GrapeBranch)
RunningBranch
TaylorCreek
CypressBranch
MottCreek
Dee
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Fl
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ScottCreek
BrickKilnBranch
SpringBranch
MottSwamp
BullBranch
HalfmoonCreek
LawsonCreek
RoundTreeBranch
RaccoonCreek
HeathBranch
VillageCreek
LittleCreek
MillBranch
PinetreeCreek
LeesBranch
BrinsonCreek
BeaverdamBranch
DeepBranch
North Fork WhiteOakRive r
MundineBranch
TurkeyQuarter Creek
PoplarB r a n ch
GoshenBra nch
CherrytreeBranch
Godf ryBranch
LittleSnakeHoleBranch
Resol
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StarkeyCreek
GeorgesBranch
J ackSm ithCreek
ChinkapinBranch
HollisBranch
EdwardsCr eek
RennyCreek
Mirey
Bra
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BlackBranch
HarrysBranch
FreemansCreek
LucyBranch
FolleyBranch
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TurkeyBranch
PantherCree k
HuffmansBranch
HargettsCreek
Halls Branch(CumminsCreek)
Hay wardCreek
BeechTreeBranch
ChaineyCreek
CowholeBranch
HamptonBay
GravellyBranch
Hol l andMill Creek
SteepHillBranch
Pat
Branch
BeaverBranch
TankCreek
W ilsonBay
WaltersMillPond
MuddyCove
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VernonBranch
JackCabinBranch
BarnesBranch
Schoolhouse Branch
ScottsCreek
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NEUSERIVER
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NEUSERIVER
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MillBranch
NEUSERIVER
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W HITE OAKRIVERTrent
River
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NEUSERIVER
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NortheastCreek
NortheastCreek
Rock yRun
CoreCreek
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NEUS ERIVER
Beaver dam C r eek
Cypress Creek
Sw iftCreek
Poplar Creek
M illBranch
RattlesnakeBranch
NEW RIVER
M
illCreek
FlatSwamp
TaylorCreek
BeaverdamSwamp BriceCreek
WolfSwamp
CoreCreek
Spring Branch
NEWRIVER
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Hydrography (named)Hydrography (unnamed)Trout (Tr) Waters Class B Waters Class WS-V Waters Impaired Waters No Discharge Zone No Discharge Zone Outstanding Resource Water Zone (ORW)High Quality Water Zone (HQW)Water Supply Watershed Critical Area Water Supply Watershed Protected Area River Basin Surface Water Intake NPDES Wastewater Site (Minor)NPDES Wastewater Site (Major)Animal Operation Permit Ambient Monitoring Site Airports/Landing Strips Primary Highway Road or Street Unique Wetland (UWL) Federal Land Municipality Jones County County State(WS-I, WS-II, WS-III, WS-IV)LEGEND (WS-I, WS-II, WS-III, WS-IV)(Extends 3 Miles from Shore)
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1 inch = 6,370 feet(Parks, Wildlife Refuges, Historic Sites, etc.)(Category 4 and 5 Waters from the Draft 2010 303d List)IMPORTANT:Classifications obtained from this ma p should always be confirmed using the weekly-updated Waterbody Repo rts available at the URL above.B: Primary Recreation, Fresh Water C: Aquatic Life, Secondary Recreation, Fresh Water CA: (Water Supply Watershed) Critical Area FWS: Future Water Supply Waters HQW: High Quality Waters N/A: Not Applicable/Out of State NSW: Nutrient Sensitive Waters ORW: Outstanding Resource Waters SA: Market Shellfishing, Salt Water SB: Primary Recreation, Salt Water SC: Aquatic Life, Secondary Recreation, Salt Water Sw: Swamp Waters Tr: Trout Waters WS-I (Water Supply I): Natural WS-II (Water Supply II): Undeveloped WS-III (Water Supply III): Moderately Developed WS-IV (Water Supply IV): Highly Developed WS-V (Water Supply V): Upstream @, *,#,+: River Basin Specific, Special Designations Waterbody Reports and Cla ssification Information:http://portal.ncdenr.org/web/wq/ps/csu/classificationsCLASSIFICATIONS(Short Descriptions)303d List Information:http://portal.ncdenr.org/web/wq/ps/mtu/assessment
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Appendix VIII
Endangered and Threatened Species
ERM Letter to US Fish & Wildlife Service, Raleigh Ecological
Services Field Office, March 24, 2011
ERM NC, Inc. 8000 Corporate Center Drive Suite 200 Charlotte, NC 28226 (704) 541-8345 (704) 541-8416 (fax) March 24, 2011 US Fish & Wildlife Service Raleigh Ecological Services Field Office P.O. Box 33726 Raleigh NC 27636-3726 Mr. Pete Benjamin
Subject: Proposed C&D Recycling Center & Landfill Site
Preliminary Studies
US Hwy 17, Jones County, North Carolina
Dear Mr. Benjamin:
In accordance with NCDENR, Division of Waste Management Rule NCAC 13B .0536
(c)(10), a new Construction & Demolition Debris (C&D) Landfill must not jeopardize
the continued existence of endangered or threatened species or result in the destruction
or adverse modification of a critical habitat protected under the Federal Endangered
Species Act of 1973. We have begun preliminary siting studies for a proposed C&D
Recycling Facility and Landfill in Jones County, North Carolina located between US
Highway 17 and White Oak River Road approximately 1 mile north of Maysville. This
property is currently in the process to be annexed into the Maysville jurisdictional
limits. A site location plan identifying the two land parcels along with proposed areas
of land development activities is attached for reference. We are requesting
correspondence from your office to confirm the probable absence of threatened or
endangered species, habitats that would be impacted or specific needs for further
investigations based on identifiable species or habitats within the project site area. An
electronic version of this letter and attachments is being sent to your attention via e-
mail as well for easier reference.
If you should have any questions or require additional assistance during your review,
you may reach me at (704) 541-8345 or via e-mail at dave.wasiela@erm.com. Thank
you in advance for your time and I look forward to hearing from you.
Sincerely,
David W. Wasiela, P.E.
Senior Project Engineer
Cc: Mr. James Maides – Green Recycling, LLC
Attch: Site Location Plan
Preliminary Site Reconnaissance
Preliminary Site Reconnaissance – Proposed Maysville, NC Site Endangered and Threatened Species Based on a review of the current listings of Endangered and Threatened Species for Jones County, North Carolina (copy attached), two species of concern beyond the Bald Eagle exist within the County; the Red-cockaded woodpecker and American alligator. Based on our reconnaissance while at the proposed Maysville site the following is noted:
Bald Eagle
The Bald Eagle was not physically observed during our previous site
visits. The site is not located near a large body of water (river, lake or
tidal area) that typically supports Bald Eagle habitat.
American Alligator
The proposed Maysville site does not contain supporting habitat;
primarily ponds, lakes, swamps, etc. to support the American alligator.
Red-Cockaded Woodpecker
The red-cockaded woodpecker was not observed during our previous site
visits. Current site conditions contain young growth pines along with
young growth hardwoods (appears to have been timbered within the last
10 years) lacking the large old pines typically needed to support the red-
cockaded woodpecker habitat. The site is bordered to the north by a large
tract of Weyerhauser property that may contain more suitable habitat.
The following is taken from the “Recovery Plan for the Red-Cockaded
Woodpecker (Picoides borealis), Second Revision, Approved April 11,
1985, US Fish & Wildlife Service”:
HABITAT REQUIREMENTS AND LIMITING FACTORS
Red-cockaded woodpeckers require open pine woodlands and savannahs
with
large old pines for nesting and roosting habitat (clusters). Large old pines
are required as cavity trees because the cavities are excavated completely
within inactive heartwood, so that the cavity interior remains free from
resin that can entrap the birds. Also, old pines are preferred as cavity
trees, because of the higher incidence of the heartwood decay that greatly
facilitates cavity excavation. Cavity trees must be in open stands with little
or no hardwood midstory and few or no overstory hardwoods.
Hardwood encroachment resulting from fire suppression is a well-known
cause of cluster abandonment. Redcockaded woodpeckers also require
abundant foraging habitat. Suitable foraging habitat consists of mature
pines with an open canopy, low densities of small pines, little or no
hardwood or pine midstory, few or no overstory hardwoods, and abundant native bunchgrass and forb groundcovers. Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Jones County, North Carolina
Updated: 09-22-2010
Common Name Scientific name Federal
Status
Record Status
Vertebrate:
American alligator Alligator
mississippiensis
T (S/A) Current
American eel Anguilla rostrata FSC Current
Bachman's sparrow Aimophila aestivalis FSC Current
Black-throated green
warbler
Dendroica virens
waynei
FSC Current
Carolina crawfish
frog
Rana capito capito FSC Historic
Carolina madtom Noturus furiosus FSC Current
Red-cockaded
woodpecker
Picoides borealis E Current
Southern hognose
snake
Heterodon simus FSC Obscure
Invertebrate:
Vascular Plant:
Carolina bogmint Macbridea
caroliniana
FSC Obscure
Godfrey's sandwort Minuartia godfreyi FSC Historic
Spring-flowering
goldenrod
Solidago verna FSC Current
Venus' fly-trap Dionaea muscipula FSC Historic
Wagner's spleenwort Asplenium
heteroresiliens
FSC Current
a quillwort Isoetes microvela FSC Current
Nonvascular Plant:
Lichen:
Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant
portion of its range."
T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. FSC = federal species of concern. A species under consideration for listing, for which there is insufficient information to support listing at this time. These species may or may not be listed in the future, and many of these species were
formerly recognized as "C2" candidate species.
T(S/A) = threatened due to similarity of appearance. A taxon that is threatened
due to similarity of appearance with another listed species and is listed for its
protection. Taxa listed as T(S/A) are not biologically endangered or threatened
and are not subject to Section 7 consultation. See below.
EXP = experimental population. A taxon listed as experimental (either essential or
nonessential). Experimental, nonessential populations of endangered species (e.g.,
red wolf) are treated as threatened species on public land, for consultation
purposes, and as species proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will
be noted as "PE" or "PT", respectively.
Bald and Golden Eagle Protection Act (BGPA):
In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was
declared recovered, and removed (de-listed) from the Federal List of Threatened
and Endangered wildlife. This delisting took effect August 8,2007. After delisting,
the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d)
becomes the primary law protecting bald eagles. The Eagle Act prohibits take of
bald and golden eagles and provides a statutory definition of "take" that includes
"disturb". The USFWS has developed National Bald Eagle Management
Guidelines to provide guidance to land managers, landowners, and others as to
how to avoid disturbing bald eagles. For mor information, visit
http://www.fws.gov/migratorybirds/baldeagle.htm
Threatened due to similarity of appearance(T(S/A)):
In the November 4, 1997 Federal Register (55822-55825), the northern population
of the bog turtle (from New York south to Maryland) was listed as T (threatened),
and the southern population (from Virginia south to Georgia) was listed as T(S/A)
(threatened due to similarity of appearance). The T(S/A) designation bans the
collection and interstate and international commercial trade of bog turtles from the
southern population. The T(S/A) designation has no effect on land management
activities by private landowners in North Carolina, part of the southern population
of the species. In addition to its official status as T(S/A), the U.S. Fish and
Wildlife Service considers the southern population of the bog turtle as a Federal
species of concern due to habitat loss.
Definitions of Record Status:
Current - the species has been observed in the county within the last 50 years.
Historic - the species was last observed in the county more than 50 years ago.
Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both.
Letter from US Fish & Wildlife Service, Raleigh Ecological Services Field Office, April 12, 2011
Appendix IX
Local Government Approvals
Town of Maysville, Zoning / Subdivision Text Amendment Application, November 3, 2010
Advertisement for Town of Maysville, Public Hearing
Minutes of Meeting
Town of Maysville Board of Commissioners
Public Hearing, July 7, 2011
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Town of Maysville Board of Commissioners Regular Meeting Thursday, July 7, 2011 at 7:00 PM
Present were Mayor James D. Harper, Commissioners Dan Ryan, Janet G. Baker,
Bobby Flowers, David Chapman and Schumata Brown. Also present were Interim
Town Manager Tom Hogg, Town Clerk Dale Gurganus-McCullough, Town Attorney
Beth Faleris, and Assistant Town Clerk Lisa Stolar.
Others present were: see attendance sheet.
MEETING CALLED TO ORDER by Mayor James Harper at 7:00 PM
INVOCATION was pronounced by Commissioner Janet G. Baker
PLEDGE OF ALLEGIENCE by all in attendance.
MAYOR’S REMARKS
Mayor Harper thanked the citizens in attendance for coming to the meeting. He
reminded that a comment period would be held at a proper time and asked everyone to
remember that professionalism is paramount. He asked that all cell phones either be
turned off or placed on vibrate.
MINUTES
Ms. Faleris made the following corrections to the June 2, 2011 regular meeting minutes.
Rather than “The Planning Board would then have a separate public hearing” under the
section “Conditional Use Application from Green Recycling Solution, Inc. the corrected
statement reads “The Board of Commissioners sitting as the Zoning Board of
Adjustment would then have a separate public hearing”.
Commissioner Brown motioned that the June 2, 2011 regular meeting minutes be
accepted with the proposed changes and Commissioner Baker seconded.
Motion passed unanimously.
On the June 13, 2011 minutes for special meeting and workshop, Ms. Faleris corrected
the date of the budget workshop from June 16 to June 21.
Commissioner Baker made a motion to accept the June 13, 2011 special meeting
and workshop minutes with the corrections and Commissioner Baker seconded.
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Motion carried by unanimous vote. Commissioner Baker made a motion to accept the June 16, 2011 workshop minutes as presented. Commissioner Brown seconded and motion carried unanimously.Commissioner Ryan would like to see not only the voting results for each motion but would also like the minutes to reflect which Commissioners cast opposing votes.
Commissioner Ryan made a motion to accept the June 21, 2011 special meeting
minutes with the change of who cast dissenting votes. Commissioner Baker
seconded. Motion carried unanimously.
ADOPTION OF AGENDA
Interim Town Manager Tom Hogg requested that three items be added to the agenda.
The items included (1) a water and sewer resolution (2) the minutes from the June 30,
2011 special meeting and (3) a closed session following the regular meeting to discuss
personnel issues.
Commissioner Baker made a motion to amend the agenda to include the three
additions. Commissioner Brown seconded. Motion carried unanimously.
Commissioner Baker made a motion to accept the amended agenda with
Commissioner Brown seconding. Motion carried unanimously.
On the June 30, 2011 special meeting minutes, Ms. Faleris noted that the time for
adjournment of the meeting was recorded as 5:30 instead of the correct time of 5:40.
Commissioner Brown made a motion to accept the June 30, 2011 special meeting
minutes with corrections and Commissioner Baker seconded. Motion carried
unanimously.
Commissioner Baker made a motion to go into a public hearing. Commissioner
Brown seconded and motion carried unanimously.
PUBLIC HEARING ON ANNEXATION PETITION BY WOODROW AND JOYCE
LASSITER, I-1 INDUSTRIAL ZONING APPLICATION BY JAMES E MAIDES AND
GREEN RECYCLING SOLUTIONS LLC’S FRANCHISE ORDINANCE
Commissioner Flowers recused himself from all discussion on the annexation
petition, zone ordinance and franchise ordinance.
Mr. James Maides addressed the Board concerning the operation of a construction and
demolition debris recycling and landfill facility known as Green Recycling Solutions,
LLC. Town Planner Bob Clark and retired Planning Board Chairman Wayne Sayland
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presented the report and recommendations of the Planning Board. In consideringannexation, the Board saw that the location is remote from the town itself, and that any future annexation connected to the location would have to go through the petition process. The area was not zoned so a public meeting of the Planning Board was held on June 27, 2011. The Planning Board had to consider the potential uses for the area if it became zoned. They also had to consider what is in the area. This area is a remote location surrounded by woodland and forest with only a small portion being connected to Highway 17 and some homes. The traffic impact was another consideration. The
Planning Board found the traffic situation consistent with local plans. The Planning
Board voted to recommend approval of the conditional use permit, subject to the
property being annexed, zoned I-1 Industrial District, and with conditions with a vote of
3-0 with one member abstaining. (The report outlining the Planning Board
recommendations and conditions is attached.)
Commissioner Baker made a motion to exit the public hearing with Commissioner
Brown seconding. Motion carried unanimously with Commissioner Flowers
recused.
The regular meeting resumed at 7:29 p.m.
Commissioner Ryan made a motion to adopt an ordinance to extend the
corporate limits of the Town of Maysville, North Carolina. Commissioner Baker
seconded the motion and motion carried unanimously with Commissioner
Flowers recused. (Copy of Ordinance No. 2011-003 is attached hereto.)
Commissioner Ryan made a motion to adopt an ordinance to amend the official
zoning map of the Town of Maysville to apply I-1 industrial zoning to 58.2+- acres
of annexed property located on the west side of U.S. Highway 17, approximately
1.4 miles north of Old White Oak River Road with Commissioner Baker
seconding. Motion carried unanimously with Commissioner Flowers recused.
(Copy of Ordinance No. 2011-004 is attached hereto.)
Commissioner Ryan made a motion to leave the regular Board session to go into
a Quasi-Judicial Hearing on James E. Maides conditional use permit application
with Commissioner Baker seconding. Motion carried unanimously with
Commissioner Flowers recused.
The meeting moved into the Quasi-Judicial Hearing at 7:31 p.m.
QUASI-JUDICIAL HEARING ON JAMES E MAIDES CONDITIONAL USE PERMIT
APPLICATION
Town Attorney Beth Faleris explained to the Board that the Quasi-Judicial hearing on
the conditional use permit would have those witnesses providing information on the
business in question sworn in as in a court of law. In the absence of a Zoning Board of
Adjustment, the Board of Commissioners would serve as “Judge” over the proceedings.
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The Attorney for James E Maides/Green Recycling Solutions LLC was Mr. Keith Johnson, who directed questions to the witnesses. Witnesses sworn in were John Parker of Parker and Associates of Jacksonville, NC, an engineering and consulting firm; Dave Wasella, a registered professional engineer from Charlotte, NC who will be the Sr. engineer for the recycling center and Richard Howard of Metal Tech Systems, a designer of solid waste recycling center facilities. The witnesses gave the definition and workings of a C&D Landfill and Recycling Center.
C&D stands for construction and demolition and deals only with that waste that is
connected to the construction and/or demolition of a structure. No household waste will
be taken into the facility. It would include vegetative yard debris. All waste will be
delivered to the recycling center first. There the waste will be spread and inspected to
identify and take out inappropriate waste to be delivered to the correct facility. The
screening device is semi-automatic and the recovery rate for recycled materials is from
60-93%. There are very few of these unique facilities where landfill and recycling are
performed at the same location within the state of North Carolina. Those existing
facilities include Raleigh, Concord and Winston-Salem. These landfills serve as waste
reduction projects. The facilities do not impact wetlands, endangered species or
historical areas. The landfill will be at least four feet above the water table. Layered
waste ten to twelve feet high would be covered with soil. Rain water is collected and
tested to determine if treatment is necessary. A two hundred feet undisturbed buffer will
be developed. No clear cutting of the area surrounding the facility will be done. Upon
performing traffic analysis and review, it was determined that no further improvements
should be made other than the proposed turn lanes on Highway 17 from either direction.
The noise from the equipment meets OSHA regulations, although a noise decibel level
could not be given. There have been no major catastrophes from the operations of
these facilities. Evidence presented during these proceedings included Exhibit #1: the
Site Map: showing the feet above sea level, that existing surrounding trees are above
the proposed height and that the distance from the facility to the nearest home is 1,777
feet; Exhibit #2: a digital map showing the dimensions of the facility and location of the
wooded area showing vegetation that will serve as a buffer; Exhibit #3: a Traffic
Analysis and Review conducted by Ramey Kemp & Associates and Exhibit #4, the
franchise agreement. Mr. Johnson made a motion to have the Board accept Exhibits 1-
4.
Commissioner Ryan made a motion to accept Exhibits 1-4 with Commissioner
Baker seconding. Motion passed unanimously with Commissioner Flowers
recused.
After the evidence was presented, Commissioner Ryan made a motion to close the
evidentiary phase of the hearing with Commissioner Brown seconding. Motion
carried unanimously with Commissioner Flowers recused.
Ms. Faleris explained the state requirements considering the general findings for
conditional use.
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#1. Commissioner Ryan made a motion to find that the use will not materially endanger the public health or safety, if located where proposed and developed according to the plan submitted and approved. Commissioner Brown seconded and the motion passed unanimously with Commissioner Flowers recused. #2. Commissioner Ryan made a motion to find that the applicant has met all the requirements and specifications of the Town of Maysville Zoning Ordinance regarding Conditional Use Permits within an I-1 Zoning Classification.
Commissioner Brown seconded and motion passed unanimously with
Commissioner Flowers recused.
#3. Commissioner Ryan made a motion that the use will not substantially injure
the value of adjoining or abutting property, or that the use is a public necessity.
Commissioner Brown seconded and motion passed unanimously with
Commissioner Flowers recused.
#4. Commissioner Ryan made a motion that in granting the Conditional Use
Permit, the use will be in conformity with the general plans for the development of
the Town of Maysville. Commissioner Brown seconded and motion passed
unanimously with Commissioner Flowers recused.
#5. Commissioner Ryan made a motion that the proposed use will not constitute
a nuisance or hazard because of the number of persons who will attend or use
such facility, vehicular movement, noise, waste or fume generation, drainage,
type of physical activity or hazardous-by-products or other materials on site.
Commissioner Brown seconded and motion passed unanimously with
Commissioner Flowers recused.
#6. Commissioner Ryan made the motion that the proposed use will not be
adversely affected by the existing uses. Commissioner Brown seconded and
motion passed unanimously with Commissioner Flowers recused.
#7. Commissioner Ryan made a motion that the proposed use will be placed on a
lot of sufficient size to satisfy the space requirements of said use. Commissioner
Brown seconded and motion passed unanimously with Commissioner Flowers
recused.
Commissioner Ryan made a motion to accept the conditional use permit
application for James E. Maides. Commissioner Baker seconded and motion
carried by unanimous vote.
Commissioner Ryan made a motion to move from the Quasi-Judicial phase of
the meeting back to a regular meeting. Commissioner Baker seconded and
motion passed unanimously.
SECOND READING OF THE FRANCHISE ORDINANCE FOR GREEN RECYCLING
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SOLUTIONS, INC. Town Attorney Beth Faleris presented the second reading of the Franchise Ordinance for Green Recycling Solutions, Inc.Commissioner Ryan made a motion to adopt an ordinance granting a franchise for operation of a construction and demolition debris recycling and landfill facility to Green Recycling Solutions, LLC. Commissioner Baker seconded and motion
passed unanimously with Commissioner Flowers recused. (Copy of Ordinance No.
2011-005 is attached hereto)
NEW BUSINESS
Appoint Planning Board Members
The current Planning Board members are Wayne Sayland, Daniel Murphy, Alexander
Rhodes, Crafton Yancey, Jr., Jeffrey Morris and Connie Maides. Mr. Sayland is not
seeking another term; Mr. Murphy’s term is expiring and he needs to be reappointed;
Mr. Rhodes is rumored to be moving; Mr. Yancey, Jr. has become a regular member
whose term expires July, 2013; and Ms. Maides is resigning before her term is set to
expire in July, 2012. Only one application had been received from Mr. Albert Bracey.
The Board needs to reappoint Mr. Murphy, and appoint possibly two new and one
alternate member.
Commissioner Ryan made a motion to reappoint Mr. Murphy to the Planning
Board with Commissioner Brown seconding. Motion carried unanimously.
Commissioner Ryan made a motion to accept the application of Mr. Albert Bracey
and appoint him to the Planning Board. Commissioner Brown seconded and
motion carried unanimously.
Commissioner Ryan made a motion to extend the application period for Planning
Board members till the next meeting to be held on July 21, 2011. Commissioner
Brown seconded and the motion passed unanimously.
Request to declare 1990 Ford F-100 truck as surplus property
Commissioner Brown made a motion to declare the 1990 Ford F-100 truck as
surplus property. Commissioner Chapman seconded and motion passed
unanimously.
Water & Sewer Resolution
Mr. Hogg explained that the resolution is required for a wastewater grant.
Commissioner Ryan made a motion to adopt a water & sewer rate resolution with
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Commissioner Brown seconding. Motion carried by unanimous vote. (A copy of the resolution No. 2011-005 is attached hereto.) OLD BUSINESS Update on NCSTEP ProgramCommissioner Ryan reported that the Maysville NCSTEP program’s next meeting will
be held on Tuesday, July 12, 2011 from 6:30 through 8:30 p.m. at Maysville Elementary
School. At that time the group will consider strategies that will make an impact on the
project.
Update on Golden Leaf Foundation
Commissioner Brown informed the Board that fourteen proposals were submitted to the
Golden Leaf Foundation from Jones County and that seven were chosen to be funded.
Maysville had two proposals submitted but neither was chosen to receive the
Foundation funds
POLICE COMMISSIONER’S REPORT
Chief Baugus presented a copy of his monthly report to each Commissioner. The report
gave information on upcoming training officers will be attending. The Police Department
has purchased a patrol vehicle from the Bridgeton Police Department with funds from
asset seizures from drug trafficking. The department is continuing to wok with other
agencies on crime issues and is continuing with the Community Oriented Policy. On
June 27, 2011 the department partnered with the state Highway Patrol and conducted a
child’s safety seat check point. Nineteen seats were given out and instructions given on
how to properly fasten the seats and when to replace them.
MAINTENANCE REPORT/WATER SEWER REPORT
Commissioner Baker deferred to Interim Town Manager Hogg. Mr. Hogg reported that
one wastewater blower was down leaving three to carry the load. These three were
running well at this time. He is concerned that there are currently no guard rails or
covers around open pits at the sewer plant. Mr. Hogg suggested that OSHA be called
for a free inspection. The town would then have eighteen months to correct any issues
discovered during the inspection. He also stated that a dumpster is needed at the same
location for solid wastes. Addressing the I and I issue, he believes that continued
smoke tests and inspections after rainy periods with follow-up repairs could make the
current capacity sufficient for future expansion.
STREETS REPORT
Commissioner Chapman reported that stop signs are down near the school and at the
corner behind town hall. He has had a request from a citizen for a speed bump on First
8
Street. Some pot holes have been filled. Commissioner Chapman stated that the trash issues on Second and Fourth Streets are better but still need attention. ENVIRONMENT/BEAUTIFICATION REPORT Commissioners Flowers reported that yards of the month for June included Jason Hawley of 606 Maple Avenue, Jonna Myers of 312 Mattocks Avenue, and Dianna Hawkins of 300 Mattocks Avenue. July’s first yard of the month goes to Linda Ward of
706 Maple Avenue. Commissioner Flowers would like to see several ditch projects
completed in the new fiscal year. He hopes that welcome signs on Highway 17 can
either stay where they are or be relocated to other areas and the sign on Highway 58
that was taken down be relocated later.
RECREATION REPORT
Commissioner Brown reported that the July Fourth festivities conducted at Frost Park
were awesome! He informed those attending that adult softball teams have been
organized and games are currently being played at the park on Sunday afternoons.
PUBLIC COMMENT
Ms. Elaine White (801 B Street)
Ms. White stated that she had been complaining about ditches on her street and water
up to her back door since 2006. She has been promised action during that time but the
problem has not been addressed up until now.
Ms. Lois Simpson (115 White Oak River Road)
Ms. Simpson began by thanking town employees for their hard work and dedication.
She is discouraged about the direction of the town and feels that the poor citizens will
have to pay for the landfill/recycling center. Ms. Simpson believes that citations will be
issued from this facility in the future.
Mr. Wayne Sayland (703 Mattocks Avenue)
Mr. Sayland is concerned about safety issues on his street. Trees are covering both the
speed limit sign and the stop sign on Mattocks Avenue. Mr. Sayland has retired from
the Planning Board and has attended his final meeting. He hopes that developers will
not be allowed to change all the rules governing the town’s zoning, annexation and
franchise ordinances. Mr. Sayland would like for the town to enforce rules that concern
clean-up and care for vacant properties.
Mr. Alan Ziemba (707 Seventh Street)
Mr. Ziemba had in his possession a copy of a work order from the water/sewer
9
department dated from back in May, 2011. He is concerned about water in his yard that has crossed the street. He feels that the ditches are sloped the wrong way and would like the problem to be addressed. Fire Chief Michael JordanChief Jordan had previously turned in a list of fire hydrants in town that needed attention and had marked the hydrants with the more serious problems. He asked about the
status of the list. Interim Town Manager Tom Hogg replied that the list had not been
addressed but he would see that it received immediate attention and that a report on the
status of the list would be given at the regular meeting of the Board in August. Chief
Jordan also inquired about the transfer of a vehicle from the Police Department to the
Fire Department. He was told that further action would need to be taken by the Board
before the transfer could be completed.
Commissioner Ryan made a motion for the Board to address the transfer of the
car from the Police Department to the Fire Department at the workshop/special
meeting to be held on July 21, 2011. Commissioner Brown seconded the motion
and the motion carried by unanimous decision.
This concluded the public comment session.
Commissioner Ryan motioned that the regular meeting go into closed session to
discuss personnel issues.Commissioner Brown seconded and the motion
passed by unanimous vote.The regular meeting ended at 9:25 p.m.
As the closed session came to an end at 9:48,Commissioner Ryan motioned
that the meeting go back into regular session. Commissioner Brown seconded
and the motion passed unanimously.
Commissioner Baker then moved that the meeting adjourn with Commissioner
Brown seconding. Motion passed unanimously.
The meeting adjourned at 9:48 p.m.
These minutes were prepared by
__________________________
Assistant Town Clerk, Lisa Stolar
Executed Franchise and Host Agreement between Town of
Maysville and Green Recycling Solutions LLC
July 7, 2011