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HomeMy WebLinkAbout6019_MecklenburgLF_1998-1999Files_19980101Z i cc m co .E L a a F- 00 0 m Cappiello 9411 Belmont Lane Marvin, North Carolina 28173 July 10, 1998 Ms. Sherri Coghill North Carolina Department of Environmental and Natural Resources Division of Waste Management Solid Waste Section P.O. Box 29603 Raleigh, North Carolina 27611 - 9603 Re: Proposed Highway 521 Landfill Dear Ms. Coghill: On April 30`h, I wrote you a letter (copy enclosed) regarding the proposal to construct a landfill along US 521 in southern Meckelenburg County. It was my understanding that the State's rules required that action be taken to approve or deny the request for a permit within 45 days. This time period expired in late June, but I have not heard or read about the State's decision. Would you please write or call me at (704) 423-7129 to provide an update on the project? Sin rely, Paul V. C ppiello PVC/pc JUL 15 ' y5 0 3 : 34PM MECK Cr EHG•'ELDG STD t P. • MECKLENBURG COUNTY Engineering & Building Standards Department July 9,1998 Ms. Sherri Coghill Solid Waste Section North Carolina Department of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 SUBJECT: US521 Landfill Draft Permit No. 60-18 Dear Ms. Coghill: This document is in response to your letter dated June 26, 1998, for additional information based on comments received during the public hearing and public comment period for the above le • referenced facility. Each of your comments is reproduced in bold type, followed by our response. Also enclosed are Figures 2.1, 2.2 and 3A from the Site Study which have been marked -up to include the requested information. 1. Please update the location of residences, subdivisions, and associated wells on Regional and Local Characterization maps, and provide to the Section. Also, locate planned subdivisions approved by the local zoning authority. Figure 2.1 (Two -Mile Perimeter Map) and Figure 2.2 (Two -Mile Perimeter Map Supplement) have been updated to indicated new subdivisions. There are 22 new subdivisions, and nineteen (19) of them utilize or will utilize public water from the Charlotte -Mecklenburg Utility Department, as follows: 1) Kingston Forest 2) Elizabeth Townes 3) Providence West 4) Bexley at Ballantyne 5) The Vineyard 6) Cobblestone 7) Ellington Park 8) Blakeney Heath • 9) Mitchell Glenn 10) Wildflower Pond PEOPLE • PRIDE • PROGRESS 700 North Trvon Street 9 Charlotte. North Carolina 28202 - 17041336-2831 • Fax 17041336-3846 JUL 1 '98 03:34PM MECK CO ENG/BLDG STD F.3 11) Highgrove 12) Amberleigh 13) Century Oaks 14) Wynridge Estates • 15) Kenilworth 16) Carlyle 17) Edinburg 18) Bridge Hampton 19) Southampton The other three subdivisions receive water from the following: 20) Glen Finnan - Community Well with Carolina Water Service 21) Fire Thorne - Public water with Union County Utility Department 22) Sedgefield - Individual wells Figure 3.1 (2,000-ft. Perimeter Map) has been updated to reflect all residences and other structures within the 2,000 ft. perimeter of the landfill. These new facilities utilize a combination of public water from the Lancaster County Utility Department, as available, and individual wells. 2. Provide the date that Elon Homes for Children was designated a charter school and information regarding how that designation is attained. Identify on Local Characterization Map. Provide student population information (live-in students, day students, changes in population due to classification as school). On Wednesday, July 1, 1998, the Elon Homes for Children was designated a Charter School, • named the Kennedy Charter Public School. North Carolina State Law provides for the creation of Charter Schools for children with special needs, and the designation was obtained through application to the North Carolina Department of Public Instruction. Along with the application to be designated a Charter School, the Charlotte -Mecklenburg School System provided an Impact Statement as to how the creation of a Charter School would affect them. Both the Charlotte -Mecklenburg School System and the Kennedy Charter Public School will work in conjunction and cooperation with each other to provide public education to the citizens of Mecklenburg County. The designation of a Charter School enables the Elon Homes for Children to be eligible for State Funding for each of the students attending the school, but it also has more rigid guidelines and responsibilities. The school must be accountable to the state guidelines as regards educational curriculum, teacher certification, coursework, test scores and standard aptitude tests. Constant reporting must be provided to the State indicating compliance with state rules, regulations and guidelines. As previously mentioned, Charter Schools address the education of students with special needs. The Kennedy Charter Public School will provide special education needs through two resources as follows: 1) The Kennedy Campus 2) The Community Base School PEOPLE • PRIDE * PROGRESS 700 North Trvon Street , Charlotte. North Carolina 28202 • (704)336-2831 ■ Fax (704)336-3846 Jul.1� L._ �Ff 1 f lE.��:. Cu E G/ELL:Z :STD The`Kennedy Campus consists of youth who typically are victims of dysfunctional families, perhaps have been subject to abuse and neglect, and are placed at the facility through the court system. This operation was described in "Revision 4 to the Site Study" in a letter to Sherri Coghill from Neil Gilbert of Law Engineering and Environmental Services, Inc., dated July 29, 1996. The operation described in that report will not change as a result of becoming a Charter School, except for meeting state educational guidelines. There will be no change in the housing population of the facility, and no day students will come to the facility for schooling. The Community Base School is the new element that is being created as a result of becoming a Charter School. The location of the Community Base School is undetermined at this time, but its permanent location will be in the intercity area of Charlotte, North Carolina, The Community Base School will consist of four classes with a maximum of 12 students per class. The students who attend the Community Base School will only be day students. No housing will be provided. Parents will make application for their child to attend the Community Base School, and acceptance or denial will be determined by officials of the Kennedy Charter Public School in accordance with state law. The entire student population will consist of individuals with special needs, such as learning disabilities, depression, students who suffer abuse or neglect but the courts allow them to remain in the home, etc; where they can't properly function in the public schools. These two facilities, although separate and independent, will comprise the Kennedy Charter Public School, The students from the Kennedy Campus will not attend the Community Base School, and, vice versa, the students from the Community Base School will not attend the Kennedy Campus. Funding for the school will be provided through state funds along with private donations. Because of the special educational needs of the students, teachers must have • higher educational certification and specialized training from what is required at public schools. As I mentioned previously, the permanent home for the Community Base School will be in the intercity area of Charlotte. However, the location is not yet identified, and the fall term is scheduled to start August 17, 1998. Therefore, it was decided that the Kennedy Campus will temporarily house the facility for at least the fall semester, 1998, but no longer than the spring semester, 1998. There will be 12-24 students attending the Community Base School during this time. The information provided for this response was provided by Sharon J. King, Director of Education of the Kennedy Charter Public School, in a meeting with David Morton of Mecklenburg County on July 1, 1998. If you have any questions or comments, or if you need additional information, please call me at (704) 336-3871. Sincerely, ,may David Morton Project Manager is Enclosure PEOPLE • PRIDE • PROGRESS 700 North Trvon Street • Charlotte. North Carolina 28202 - 17041336-2831 9 Fax f7041336-3846 (0(.1-11 U r. MECKLENBURG COUNTY Engineering & Building Standards Department July 7, 1998 Ms. Sherri Coghill Solid Waste Section North Carolina Department of Environment and Natural resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 SUBJECT: US521 Landfill Property Acquisition Dear Ms. Coghill: 6.i$g1011727a r �U� 19`1 ed 00 I �cG�t�Ste, Aj In reference to your request concerning the deed information for the US521 Landfill Site, enclosed is the requested information as provided by our attorneys. If you have any questions or comments, or if you need additional information, please call me at (704) 336-3871. Sincerely, zap. ryl David Morton Project Manager Enclosure PEOPLE • PRIDE • PROGRESS 700 North Trvon Street • Charlotte. North Carolina 28202 • (704)336-2831 • Fax (704)336-3846 X)o 0 k le;� - Re, *sal La/vd;i I Sr+e nqtC,Kje,jVbUk3 COUAY+y (ANe 36+i-), 1 q q3 i • THOMAS C. RUFF LYN BOND,, JR. JAMES O. COBB HAMLIN L. WADE MARVIN A. BETHUNE FRANCIS W. STURGES ROBERT S. ADDEN, JR. B. GARRISON BALLENGER, JR. RUFF, BOND, COBS, WADE & BETHUNE, L.L.P. ATTORNEYS AT LAW TWO FIRST UNION CENTER SUITE 2100 CHARLOTTE, NORTH CAROLINA 28262-8283 TELEPHONE (704) 377-1634 Mr. David Morton Project Manager Mecklenburg County Engineering and Building Standards Department 700 North Tryon Street Charlotte, North Carolina 28202 Re: #521 Landfill Site Dear David: June 30, 1998 PAUL C. WHITLOCK 18 7 8-1959 HENRY C. DOCKERY 1887-1965 TELECOPIER (704) 342-3308 The #521 landfill site consists of three tax parcels, each of which was acquired by Mecklenburg County through a condemnation action. There are no deeds. Tax parcel 223-052-02 consists of approximately 180 acres and was acquired through Mecklenburg County Superior Court actions 84-CVS-10329 and 84-CVS-10330. Memoranda Of Action were filed as required by law. One Memorandum is recorded in Book 4917 at Page 321, and the other Memorandum is recorded in Book 4197 at Page 338 in the Mecklenburg Public Registry. Tax parcel 223-061-03 consists of approximately 230.334 acres and was acquired through Mecklenburg County Superior Court action 84-CVS-12065. The Memorandum Of Action is recorded in Book 4940 at Page 520 in the Mecklenburg Public Registry. Tax parcel 223-071-01 consists of approximately 159.5 acres and acquired through Mecklenburg Superior Court action 84-CVS-10331. The Memorandum Of Action is recorded in Book 4917 at Page 308 in the Mecklenburg Public Registry. A�copy of each Memorandum is enclosed. The attachments and a copy of this letter may be sent to the State of North Carolina as evidence of the acquisitions by Mecklenburg County of the three tax parcels which constitute the #521 site. Most sincerely, • James O. Cobb Enclosures RBCWB:60494 1 /6-30-98 -9TATf jOF. NORTH CAROLINA DEED BOOK PAGE COUNTY OF MECKLENBURG 4 9 4 O- O 5 2 O MECKLENBURG COUNTY, NORTH CAROLINA Plaintiff, V. CALVIN C. MITCHENER AND WIFE, CYNTHIA C. MITCHENER; JOHN ALLEN KF:LL AND WIFE, LAVINIA A. KELL; KENNETH DOWNS, TRUSTEE FOR MR. AND MRS. JOHN ALLEN KELL; AND WILLIAM L. HARRIS, JR.', Defendants. TAKE NOTICE: CIVIL ACTION IN THE GENERAL COURT OF J. v SUPERIOR COURT DIVISIrEid DEC 9 44 411.18q r, MEMORANDUM OF ACTION -. (CONDEMNATION) FEE 5.50 0 5.50 CASH 5.50 11:16 #3674 000 12/07/84 1. That on the 18th day of October, 1984, the County of Mecklenburg, North Carolina, pursuant to the provisions of Chapter 40A of the General Statutes of North Carolina, instituted 'the above -captioned civil action in the Superior Court of Mecklenburg County, North Carolina, to acquire by condemnation the real property hereinafter described. • 2. That the above -named defendant is the person the plaintiff is informed and believes may have or may claim to have an interest in the property. 3. That the following matters are set forth in Exhibit A attached hereto and made a part hereof: Section I, a description of the entire tract or tracts of land affected by the taking; Section II, a statement of the property taken for public use; and Section III, a description of the area taken. This 7th day of December, 1984. ame Cobb a arvinA. Bethune o 2100 First Union Plaza a 7 ,,. Charlotte, North Carolina 28282 �.•.;�;;, (704) 377-1634 'f it Stirr� .. Attorneys for Mecklenburg C. Z U County, North Carolina o z L.,y1i. • ; Vn r,F fj. n �r tJ .:��.w.:: d : � fir- \ „'k" r • '/, , 'i'fi ct - o inoinga $ :,eettl'�"ed to be a TRUE COPY f a d ument file o e to a indicated' w ttr : * dlert of, Superior Court Meckle urg County N BY Z .! ••, . \ _ ssistant Clerk o i3O�t�•;�`��. Superior Court of Mecklenburg i County, North Carolina a n (Here Affix Seal) ti • �> MECKLENBURG COUNTY NORTH CAROLINA v. CALVIN C. MITCHENER, ET AL. EXHIBIT A I. Description of Entire Tract Affected by Taking That property known as tax parcel number 223-061-03, located in Mecklenburg County, North Carolina, which is a parcel of approximately 230.334 acres, having access off of U.S. 521, and Ardry Kell Road, upon which is located no structures. II. Statement of Property Taken: Fee Simple Absolute III. Description of Area Taken: BEGINNING at an iron located in the southerly or southeasterly margin of Ardrey-Kell Road, said iron being located South 78-28 West 545.65 feet from an old iron located at the common corner between the property of John A. Kell b wife, (see Deed recorded in Book 2332 at Page 150) and the property now or formerly of J. Beach Hall, et al. (see Deed recorded in Book 2838 at Page 379); THENCE FROM SAID POINT OF BEGINNING with a new line crossing a lake, South 35-04-40 East 910.62 feet to an iron; thence with another new line, North 70-12-10 East 300 feet to an old iron located in a corner of that property allotted to John Allen Kell by instrument recorded in Book 907 at Page 300; thence South 40-12-40 East 201.88 feet to an old iron; thence South 29-20-50 East 435.67 feet to an old iron; thence North 66-47-40 East 407.72 feet to a water oak; thence South 34-27-50 East 1,737.87 feet to an old iron; thence North 51-46-40 East 1,672.48 feet to a stone; thence along lands of Four Associates Realty Co., now or formerly, as same is recorded in Book 3417 at page 315 in the Mecklenburg Public Registry the following four courses and distances: (1) South 27-51-10 East 564.37 feet to a stone; (2) thence South 50-45 West 1,444.66 feet to a stone; (3) thence South 6-37-50 East 325.21 feet to a double post oak; (4) thence South 33-59-20 East 2,381.92 feet to an old iron located in the northerly or northwesterly margin of the Six Mile Creek; thence with the center line of said Creek (more or less) in four calls as follows: (1) South 58-17-10 West 239.70 feet, (2) South 44-35 West 499.56 feet, (3) South 85-40-30 West 217.58 feet and (4) South 30-30 West 302 feet; thence in a northwesterly direction along lands of W.A. Yandell Rental and Investment Co., Inc., now or formerly, as same is recorded in Book 2036 at Page 377, in the Mecklenburg Public Registry the following seven courses and distances: (1) North 33-32-20 West 2,664.01 feet passing over a stake on the northerly side of the margin of said Creek to an iron; (2) thence North 83-57 West 283.12 feet to an iron; (3) thence North 64-37 West 1,270.88 feet to an iron; (4) thence North 47-45 West 955.54 feet to an iron; (5) thence North 27-33 West 309.83 feet to an iron; (6) thence North 68-48-30 East 249.19 feet to an iron; (7) thence North 6-32-30 East 337.67 feet to an iron; thence running North 32-31-30 East 493.51 feet to a stone; thence North 28-54-20 West 492.76 feet to an iron; thence South 85-18-40 West 478.44 feet to the center line of U.S. Highway 521; thence in a northeasterly direction along said center line to a point where same intersects the center line of Ardrey-Kell Road and continuing along the center line of said Ardrey-Kell Road for a total distance of 1050 feet to a point in said center line opposite an iron on the southeasterly margin of Ardrey-Kell Road, which iron is the Beginning point of the parcel herein described; thence in a southerly direction 30 feet, more or less, to the point or place of Beginning. 0 rn rn CD o .ja o O FROM :R O D 704 334 8004 1998,06-30 13:36 tt0S1 P.07 + / ! STATE OF NORTH CAROLINA CML ACTION yr IK THE GEMRAL COURT OF JUSTICE COUNTY OF MFCKL$NBi1RG Sul'ERTfW COURT 173 .DIVISION PA-CVS- D 3 3 RfJ� f TIECKLFNAL'Rl COUNTY, nUKtH t:AROLTNA 7 Plaintiff-, j yfCr��S �S `• ` ) M_FM0PANM1H OF ACTION SBA (CONDF,MNATION) W. A. YANDF<LL RF.hml, AND IhvrSTMENT COMPANY,! ) ►Cr cn• 1 ant . TAKE NOTICE; i I. That on the IAth day of October, 19FA. the County of Mecklenburg, North Carolina, purtuant to the provisions of Chapter `OA' f the General Stscutet of North 0araline, instituted the above -captioned civil +tecion in the Superior court of Mecklenburg County, North Carolina, o acquire by condemnation the real property hereinafter described. 2_ That the .trove -named defendant is the person :he plaintiff is informed and believes -my have or may claims to have an interest in the property. " That the folloving matter_ ere set to th in Tsxhibit A attached herein end made a part hereof: Section 7, a description of the entire tract or tracts of land affected by the taking; Se.:cion 11. a state+sent of the property taken for public use: and Section 11T, a description of the area taken. 11is day of October, 1984. O. i Oman . ODD 1 77'2aAAm a sn une 2100 First Union plaza Chartotte, worth Carolino 28282 (704) 377-1634 ��'•"' Attorneys for Tlge ` J County, lfor mill The foregoing is certified to be a TRUE COPY of A. �� ~ indicated with the Clerk of.:Superior Court, Carolina. (Here Affix $eal) 0 t FROM*:R O D Ur NECK1 F.iQ' URG COUNTY, NORTH CAAQLINA V. W.A. YANDEU RFNTAl_ AND TNVESTMF.NT CnMPANY 704 334 8004 1998,06-30 13:37 #051 P.08 FKNTR*'r A 1, Desc:rirtir,n of FntireIract Affecreii by Takim. .0 on The major portion ofjthat proper°y known a, tax parcel number �- 221-052-n2, loealed in `1••eklenhurg Cn•mty, Norch Carolina, a parcel of V apAroximarely 17R.5 acrps� having access off cif Lnncaftrer Highway, U.S. 521,. and Ardry KW Hood, upon -nick iq locored une structure. C � W iw j1. SC al P.mtnt .� Prunert,• Taken: Fee ccnple .Ahe.)lurp III. % rcription of Area Ta°can: F BEGINNING at an ireo pipe on the, east side of tI.S. High%,ey 521. said ir." pipe also bring the beginning point of the ren acre trait Conveyed by ii.A. Mandell and wife to T.!►_ baker and w►fe as same is described _a a deed recorded in Soak 1099 at page 483 in rive. llerklenburg Public Reitistry, and running :hence from 4Aid point of SeginninR along the southerly bounds of said parcel Conveyed to T.R. bakes. South 52-4 5 East 690 feet soore or lees to an iron; thence rlc.tx the boundary line of property of Calvin C. v; •, ►.sate *4 4couired by .faed recorded in Book 3076 at Paste 112 in said Reqiscry the fo!Iowinit Riven couosees as_d distances. (I) South 4-30 hest 334.1 feet •o an ircm; (2) South 66 vest 251 fe<' to own iron; (3) South 24-30 Fast 110 feet t•, an iron; (4) South 6S-45 Fast 9;.1 feet to an iron;; (5) South bS Ease 17 m feet to an iron: SAutl. 78 Sact 185 !eet t-• en.1 iron; (7) South 15 Bast 2651 feet to on iron on the northerly bank of Six !tile Creek; thence dowr along said creek as it winds and turns 1690 feet more er less to a paint, tls,nes North 66 vest 439 feat sore or leas to iron in the bridge on the State line between North Car*ling and S+nth Carolina; running thence along said State Lines Borth air West 5145 feet more or less to a point in the center line of N.4, highway 521; thence {n n northerly direction alorr the center line of adid highway 1136 feet more or less to a point; thence ;n an easterly direction 30 feet more or less to itn iron pipe on the ease side of said Highwsy 521, the adid point o! place of BEGINNING. R FROM : R 0 D 704 334 8004 1998,06-30 13:34 #OS1 P.04 KID sea qlvlf U3.z I STATE OF 110RTR CAROL IR ik G&ZL ACTION CODNTY OF MECXLEPMUNG COURT or SUTIM COUIRr DIVIN] 84-CVS- COUM, "naTHILAIROLINA NMRANDW OF ACTION VAN,--& (COWW"NATrow) . . . lww X&MEA4 6 I4YES11lGNr CO.. LGVBg YAMMLL PgRon=; wngn YAmmLL XMM AM MMAAW% "My CgAiU$ R. VANDELL YjkN*LL.- MM= S. YLLL) AMOVIVE, VZPA N. YAJMnL- IEBnR An WTn. M" ITA AURN Al SIMPW CRRISTOPUR ALLag; A V frATRIOM All=; AND IfILSIX T. ALLEN Defendants. *514 41 TAKEINOTICE : X1. That an the 18th day of October, 1994, the Couckty of PW&umt to,the ..m I provisions of Chapter 480k of t* Statutes of 11*rt% Carolina.$ iistituted cbe Ateve-captioned civ! Superior Comm of "ackliesurs County, north carolinat to ae h*r*ifl&ft*r described. ,!*"0" 100 the teal Pr Y :12. That roe alk. dogendants are the persons the 111f0riwd and believes way Or cl&il% to have an interest in 7bat the followi: .,01fittef"I sre`:figt forth in Exhibit A 10'retim and made a Pam *nerJk� Section a description of the Po". Come. WAUC a M!:AJNN UMO* 7. no 4 eneral axon in re by stiff is ached ire tract w s FROM sR O D 704 334 9004 1998,06-30 13s3S #0S1 P.05 4917 0322 or tracts of land affected by the taking; Section I, a statewe4t or the property taken for public use; and Section III, a description of the area taken. Thie day of October, 1484. asiw O. Cobb wary n :4. Bethune 2100 P�Irst %ion Plasm Charlu�,te, North Carolina 28282 (704) 1..77-1634 Attorae!ya for Nacklenburg County, north Carolina 111e foreteing is certified to be a TgUE COPT of a umemat indicated with the Clark of Superior Court, WC ���� 't:'•.; Carolina. - R suxri r aCoori; Ceont (Aare Affix Snal) ' I DRAWN 9Y R MAIL TO. quF'r. DOND. COee. WADI; ai WGVfAj» ZIQO JrFRERSON FIRST UNION P(,A?M CHAALOTTt. N. C. 20262 A C7 ' FROM sR O D 704 334 8004 1998,06-30 13236 #OS1 P.06 oP"Ir UMIBIT A 4917 D323 It. Description of Entire Tract Affected by Taking A triangular portion of property of apprasAmtely 1.5 acres which is a part of tax parcel 223-052-02, located in M"ktsaburg County. North Carolina, whielt triangular parcel of property is located in the extresie aontherly corner of tax parcel n3-052-02. being booaded an the southeastrrly side by Stu Mile Creek and on tale southwesterly 9•i•de by the North Carolina - South Carolina 6este line. It. StataMnt of property Taken: t Tee S:#le Absolute 11I, Description of Area Taken: U,;TMNC at a point on the northerly bank of Six Mile Creek, acid point also being the beginain• point of the parcel conveyed to W.A. Tandell as described in deed recorded in look 0" atPage 22 ie tla Meelclenbs" Public %xistry= and rannftg tbanee along said leads of Tandell (now or topset 11ortt, " ves"t 1#39 feet to an iron is the bridge ea the State list bet the states . pf porch Carolina sad South Carolina; troaaig Menee *tor ;s'tid State line ;Booth 36 Rest STi feet, riots or loan, to a point I&M Oft .State Ives intersect, the bank of Six Kilo Creak; Aeow witb the eoerta of slid Sic W. _e Cr ek 300 Geet sale at less to Me paint or place • ` *Milming. '•6 1 h I• A. OkCM :R O D i C01 704 334 e004 F OF NORTH CAROLINA rY OF AW.CKLEKBURG .ENb1,KC. COUNTY, HORTH C.%R%ILI?tA P1ninCiFf, 1 V. 1_ ASSOCIATES REALTY CO_, A HORV IRA GRIT RAL PARTNERs"ip, defendant. 1998,06-30 13s33 #OS1 P.02 CIVIL ACTION -/ IN THE GFMERAL COURT OF JUS•f1CL 911PERIOR ' CD171t- Dlvrstox a 84-' �r ' Nf�RtiRkND Of ACTIo (CO"I) 3 TAKE N)TTCF.: 1. on the 19th day .of October, l9v4, the County of Mecklenburg, North Carolna, pursuant to the provisions of Chapter "A o the General statutes of:Xorth Carolina, indtituted the above -captioned ivil action in the Superior Co+rt of Wrc:leaburg County_ North Carolina, to acquire by condemna- tion th4 real property hereinafter described. 2..1 7hat the shove -named .defendant is the perron the plaintiff is q it, formed ,trod believed may have or claim to have an interest in -he property. 3, a• the fvlluving *otters are set forth in Exhibit A attached hereto and node alert hereof: Section I. a description o` the entity tract or tracts of land rtffected by the taking;f.Sectton It. a statement of d;e property taken for public usa; and Section III, a description of the area taken. Thi: day of October, 1984. drVin E um 21A0 First Union plaza Charlotte, North Carolina 28282 (704) 377-1634 Attorneys for Ifecklenbarg County, North Carol ins :r• The foregoing is certified to be a TRUE CJPy of a doetsnent�f, indicated with the Clerk of Superior Court: UTg p Carolina. r Superior I' County, No••• (Nero Affix Seal) t i J FROM :R O D 704 334 8004 1998,06-30 13:34 4051 P.03 1 a i 0 MECRLENSCRG 7, neae�-iF'iar, ^f Er,ii ``'That' property k-jow MeekicnburX County_ Nor 159,5 acres, havink ncc structures. NORTH CAROLIN.4 v. Fc1['k ASSOCIATES REALTY Ca_ EXHfR1T A 4 r 'r:L:t Aff:.,-c,, Dr Ta%j,,,L to Pefe el nunbe 223-071-01, located in Caroline,. Which is a part.rl of approximately Off of Marvin_ Roacl, upon which is locared nn II. Stat@mCnt of Proper rpkcn: Fee SiAl Absol.cCt III. Drscriprion of Ares +ken: RFC,INNING at a pain said point betag a tack in the center hriige were the center ins of ?Farvin Rand crosses Six Mile Creek and running thence from saidipoinr of AeRinni.nx South 42-15 Nest 161.03 feet to an old 'ran stake; thence Louth 39-13 west 146,17 Feet to an old iron stake; thence outh 47-49 west 161.30 feet cc an old iron stake; thence South 55-13 West 1 -59 feet to an iron stake; thence South 82-36 west 33.58 feet to an old it stake; thence South 30,49 west 354 feet to an iron stake; thence South` —52 hest 329.76 feet to an old iron stake located nR the southerly edg' otr+marg.n of .six Mile Creek; thence down Six Mile Crke itn the flow of the water:the following six courses and distances: (1) uth 77-03 West 251.26 feet to a pain-; (2) thence North 66-37 West 78.43 fe t to a point- (3) thence S;,uth 58-31 west 4'.87 f et to s point; (4) then South 73-43 West 105.jt teat Co a point; 0) t nce South )2-5i West 131.47 feel to a Point; (6) thence North 76.36 West 134.49 feet to an old iroc stake located near the northerly edge or bounder of Six Mile creek; thence:vith the boundary sines of the Calvin C. Mi bener property. nnw or Formerly, in (4) courses.and distances as folio 9: 1) North 40-02-20 West 2386.39 feet to a douhie post oak; (2) thence _fort 12-36 West 326.54 feet t0 a stone; (3) thence North IV :9 fast 1446.44 fe -a a stone; and (4) chance North 33-01 "ts[ 564.60 fee, to a poser; run ni thence North 62-11 Ease 985_75 feet passing an old iroc+ to a point in a center line of Marvin Road; thence with the 9sidleeoter line of Mervi Road the following seven courses and distances: (1) South 24-41 Sast 1 1.41 feet to a tack; (2) thence South 27-51 East 52i.63 f"t to a tack; ) thence South 34--40 East.536.68 fee- `o s tack; (4) thence South 30-19 East 185.41 feet to a tack; (5) thence South 8-05 East 367.99 feet to a tack; ( thence Sout% 2P-23 East 2.42.18 feet to a tack; (7) thence South 43-35 East 585.12 feet to tack in the center line of a bridges, said tack being the point or place of ginning, and containing 159.5 acres more or less. J6 80 'V v W q Cab—�4 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT June 26, 1998 Mr. Cary Saul Mecklenburg County Engineering and Building Standards Dept. 700 North Tryon Street Charlotte, North Carolina 28202 Re: Draft Permit No. 60-18 Proposed Mecklenburg County (Hwy 521) MSWLF Dear Mr. Saul: In order to follow-up on comments received during the public hearing and public comment period for Draft Solid Waste Permit No. 60-18, the Solid Waste Section requests the following additional information. 1. Please update the location of residences, subdivisions, and associated wells on Regional and Local Characterization Maps, and provide to the 1 Section. Also, locate planned subdivisions approved by the local zoning authority. 2. Provide the date that Elon Homes for Children was designated a charter school and information regarding how that designation is attained. Identify on Local Characterization Map. Provide student population information (live-in students, day students, changes in population due to classification as school). If you have any questions or comments, please contact me at (919) 733- 0692, ext. 259. Sincerely, Sherri Coghill Environmental Engineer Solid Waste Section cc: David Morton, Mecklenburg County Julian Foscue Tim Jewett Rick Doby 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-775-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50 Yo RECYCLED/1 Oq POST -CONSUMER PAPER June 6, 1998 Ms. Sherri Coghill NC Solid Waste Section P4 Box 29500 Raleigh, NC 27611-9800 Re: Permit 60-18, Highway 521 Landfill Dear Ms. Coghill: A,� ��6171819?O o JUN 19,98 0 REceived � Solid Waste oAj 9 Secti IN I realize that the comment period for this permit expired 5/25, but felt compelled to send a note. I am not necessarily opposed to the landfill in principle. It is a necessary "evil" of growth, and we all need to share in the responsibility and "pain" of growth if we are to share in the "gain" from growth. What I am most concerned about is my understanding of how it will be managed. It appears from the information I have that Mecklenburg County will be unfairly burdened with the responsibility for construction, operation, monitoring, and clean-up (if needed). If it is to be used by other counties in the area (e.g.; Union NC or Lancaster SC), they should share these responsibilities and expenses accordingly. If there are any questions about the suitability of the location due to wetlands or flooding, a careful evaluatiom should be made to insure it is the best site available, and appropriate planning needs to be in place for any expected or unexpected events. Also, I would hope traffic to the landfill could be controlled or routed to minimize exposure or impact on the surrounding residential areas. Thank you for your time and consideration. Sincerely, C. F. Dwiggins 10711 Spring Camp Way Charlotte, NC 28277 Cky6' 8 91071 r � May 29, 1998 Ms. Sherri Coghill N.C. Solid Waste Section P.O. Box 29500 Raleigh, NC 27611-9800 Dear Ms. Coghill: I am writing to you in regards to the proposed Mecklenburg Highway 521 garbage dump. am opposed to this site being used for a landfill. This area of Mecklenburg county is a rapidly developing residential area. Numerous schools are being built or are planned for this area. I am concerned about the increased traffic. If this landfill is approved there is no doubt in my mind that it will be a matter of time before a traffic fatality occurs. I am also concerned about the potential for toxic runoff from the landfill. There are numerous streams and small lakes in this area. There are better sites in Mecklenburg county for this landfill. The current selection is heavily populated. Plus the land values have increased dramatically over the years and Mecklenburg County stands to profit if the land is sold to developers. thank you for your time. Sincerely, Clifford J. Deason q (� � m oil+ Ln 10420 Sutherby Drive Charlotte NC 28277 May 25, 1998 Sherri Coghill NC Solid Waste Section PO Box 29500 Raleigh, NC 27611-9800 Dear Ms. Coghill: I am writing to share my concern about the proposed landfill off of Highway 521 in South Charlotte. My husband and I just purchased a new home in that area and are amazed that there are any thoughts of putting this trash dump so close to a residential area. This area is growing unlike any area in Charlotte. The population is expanding quickly. The area consists of homes ranging up to '/2 million dollars and these people pay more taxes than anyone else. Please consider my plea to decline the permit # 60-18 and place this garbage dump somewhere else instead of off of Highway 521 and Marvin Road. Sincerely, Angela . Jordahl _BZLan Ms. Sherri Coghill, N. C. Dept. of Environment and Natural Resourses, Division of Waste Management Solid Waste Section,. P.O,Box 29603, Raleigh, N. C. 27611-9603 Dear Ms. Coghill, Lavinia Ardrey Kell 11615 Ardrey Kell Rd. —123,¢a Charlotte, N. C. 28277 • 01 Rccceived Solid Waste N I am writing you in regard to the Proposed Landfill, Permit No. 60-18 Highway 521, Charlotte, N. C. Mecklenburg4County. Test made by Specialist; rock, soil and water level proved not suitable for a landfill. Garbage can not be buried be- cause of the high water level, so now plans are to use a plastic liner and build mounds fifty or more feet above ground. In a matter of time, this plastic liner will de- teriorate and be punctured by sharp objects in the garbage causing contamination in the underground water. The property owners joining the landfill property; Elon Home for Boys and Girls and their School, Jason Coley, The Free Will Baptist Church and Lavinia Kell have wells that would be affected. How could the law allow a landfill be put on adjoining prop- erty to The Elon Home for Boys and Girls? There,�m=any reasons in question for the safety and h(!ith problems this would create. The traffic on Highway_.521.is very heavily, traveled now and trucks to the landfill would create big problems, especially for our many school buses and the safety of the children riding these buses.., Ms. Coghill, please consider the damage a landfill on High- way 521 would do to...thelealth and safety of families living in this Old Historical Community. Thank you.. Sincerely, Lavinia Ardrey Kell. May 24, 1998. 272 Straightaway Lane Fort Mill, SC 29715 May 22, 1998 Sherri Coghill NC Solid Waste Sectioin PO Box 29500 Raleigh, NC 27611-9800 O�1 23456)�9 �4* R6ceived Solid Wash ��iZOZ6�$�� This letter is to voice concern of Permit No. 60- 18. The Hwy. 521 Garbage Dump is a bad idea from the start. It will decrease value of some very desireable land just coming into it's own. There is not one benefitial point to make for this project. Sincerely yours, Lynne Diegnan ��N1 2425�6 Wednesday, May 20, 1998 Sherri Coghill � `w � NC Solid Waste Section m�� _Ved P.O. Box 29603 ce Raleigh,NC 27611-9603� �oCPWast? v .� wti In Reference to Permit No. 60-18 Zt4016 a L-9 Dear Sherri Coghill, My name is Steve Rush and I am a homeowner in the southernmost part of Mecklenburg County, NC., and I'm writing to you today in protest of the state issuing any permits to Mecklenburg County, pertaining to the development of the proposed Highway 521 Landfill. I appeared before you and Mr. Kelly on April 29, 1998, when you had the public hearing at the Mecklenburg County Government Building, but I feel that I must also write down my concerns here to you about this proposed aberration to our environment in south Mecklenburg. This proposed garbage dump is first and foremost Not Needed by the County. It has been the Counties plan for many years to put this garbage dumb in at this site while, for years now and for many years to come, it can still utilise the existing solid waste disposal site in Cabarrus County, NC, run by BFI disposal Co. Our great county leaders, in their infinite wisdom, have simply stated that they have been pushing for this garbage dump in the hopes of using it as leverage in their pending re -negotiations on the tipping fees with BFI, for waste dumped after the current contracted time period expires. This rubbed the hairs on my back the wrong way as the counties staff, pushing as hard for this site as they have, complete with much underhanded dealings, has raised just simply Too many unanswered questions. Not only about the justification of need for this site but also how it has finally arrived to be in your office for final approval. I have not had too much time to dig into all the facts that pertain to how this site is up for final approval from the state but I know one thing and that's that this garbage dump stinks and has been emitting an odor for some time now, way before any trash has been spilled on this great property. I'm truly hoping that a lot of the detailed facts, that Mr. Joseph Fazzari has worked diligently to bring to your attention, can legitimise my arguments on the legal details level. As I stated to you at the public hearing, the largest legal point that I feel the state should take a look at, if it even can (or did Mecklenburg officials somehow circumvent this process), is that this proposed site has failed previous attempts at being approved, simply due to the fact that it failed local zoning processes. As an average citizen, I can look at all the news stories pertaining to the previous and current attempts by the county to get this site approved at the state level, and the One gleaming point that sticks out to me is the way these type of projects are zoned at the local level. Am I missing something here or has the normal, constitutional theorem of DUE PROCESS been skirted by the county officials, to finally get this potential environmental and neighborhood health hazard pushed off the drawing boards and into our back yard? I believe it has and I'll save that argument for any legal action that may be required in order to prevent this project from ruining this lovely, last vestige of peace and quite, in Mecklenburg County. All I ask as to this question is if there is indeed anything that your office can do about this issue, in preventing the permitting of permit no. 60-18. I believe that there are just too many issues in this folder, against the issuing of this permit, that your office simply can't ignore. It was also my hopes to ask at the public hearing, that your staff take a look at the area that is proposed to be ruined by this project. It truly is a wonderful neighborhood to live and grow in and it simply breaks my heart to see all the dirty dealing that takes place when it comes down to multi- million dollar projects such as this proposed garbage dump. I'd wish that the developers would stop building so many residential developments all around this region but I'd truly -kag to see an Industrial, toxic spreading project like this garbage dump, constructed at this proposed location. And I guess that that's another huge point to make. THIS IS A RESIDENTIAL AREA, NOT AN INDUSTRIAL WASTE ZONE. With too many people moving into too many new homes, that after over fifteen years of the county trying to put a garbage dump at this site, I truly feel that the counties staff realises that this is their last chance in getting this project completed. After a few more whiny people, like myself I guess, move into the region. They then know that it will truly be to late. That is my prospective of just why there has been so much effort by the counties staff in railroading this project through all corridors, while it still can. I'll hesitate here at other speculations why the county has been so diligent in their efforts but I'm sure the oh mighty dollar has just a small part in it all. (Oh! And not just the saving taxpayers oh mighty dollars I might add) I'm sorry to turn so callous but again there's just too much at stake here in my neighborhood, to allow this project to be completed. I've tried to stay level headed throughout the hearings and writings but the counties staff have become ruthless in their efforts to get this project past and I do so desperately need to vent this in an appropriate direction. In closing, I'd like to say that I know that State agencies like yours, are bound by rules of operation and must, thanks to powerful county lawyers, abide by these rules. I'm sure that Mecklenburg Counties lawyer has been riding your agency towards the approval of this permit but I again have to state that there ARE enough facts, to the contrary of the "Facts"presented by the county, that should lead to the dis-approval of permit no. 60-18. The rules were changed, quite conveniently I might ad, on how landfills and quarries are zoned in Mecklenburg county and I am even so much more sure about the un-constitutionality of this by having Cary Saul, Mecklenburg Counties "Garbage Czar", approach me after the public hearing, trying to dispel my testimony as useless while still not being able to explain to me, or a reporter who entered into our conversation, just how the process of zoning of these projects exactly works. I'm sorry but the last time I looked in a mirror, it did'nt say "idiot" across my forehead. I hope that your staff will consider all of the objections to the approval of permit no. 60-18 and see that there are just too many legitimate issues at hand that should lead to the dis-approval of this permit. As a State agency, appropriated to not just have the counties abide by the rules and get permits approved, but to protect the state of North Carolina's citizens from potentially harmful environmental conditions, I would be greatly dis-appointed to see this permit approved! ! ! Sincerely, --L 4,0,1 Steve Rush 10634 Fruitland Rd. Charlotte, NC 28277 V/ MR. & MRS. RICHARD N. BECK 9819 CHESTNUT ROAD WAXHAW, N.C. 28173 MAY 19, 1998 MS. SHERRI COGHILL N.C. SOLID WASTE SECTION P.O. BOX 29603 RALEIGH, N.C. 27611-9603 RE: PERMIT NO. 60-18 HIGHWAY 521 LANDFILL DEAR SHERRI, THANK YOU FOR COMING TO CHARLOTTE FOR THE PUBLIC HEARING. I APPRECIATED YOU AND YOUR COLLEAGUES LISTENING PATIENTLY TO OUR SIDE OF THIS VERY IMPORTANT ISSUE. AS YOU KNOW, IT IS AN EMOTIONAL ISSUE AS WELL. MR. JOE FAZZARI HAS ADDRESSED ALL THE TECHNICAL ISSUES CONCERNING THIS APPLICATION, THEREFORE, I WILL NOT DUPLICATE THOSE. THERE WERE SO MANY THINGS IN THE SITE APPLICATION AND CONSTRUCTION PERMIT APPLICATION THAT NEEDED FURTHER INVESTIGATION AND EXPLAINING. MY FAMILY AND I, AS RESIDENTS OF THIS AREA, ARE PLEADING WITH YOU TO NOT PERMIT THIS LANDFILL SITE. FOR THE SAKE OF ALL THE FAMILIES HERE NOW AND THOSE THAT ARE TO COME, PLEASE, PLEASE HELP US. THIS AREA IS GROWING SO RAPIDLY AND WITH THE ORPHANAGE & SCHOOL NEXT DOOR TO THE SITE, IT WOULD JUST BE A SHAME TO SUBJECT THESE CHILDREN AND FAMILIES TO THE DANGERS OF A LANDFILL. I HAVE ENCLOSED ONE OF SEVERAL LETTERS I HAVE RECEIVED FROM CHILDREN ON THE OPPOSITE SIDE OF CHARLOTTE THAT ARE CONCERNED ABOUT THIS ISSUE. THIS IS NOT A "SOUTH CHARLOTTE" ISSUE. PEOPLE ALL OVER THE CHARLOTTE METRO AREA ARE CONCERNED. PLEASE, FOR THE SAKE OF ALL OF OUR CHILDREN AND FAMILIIES, LET MECKLENBURG COUNTY CONTINUE TO USE EXISTING DUMP SITES THAT ARE NOT IN THE MIDDLE OF A RESIDENTIAL DISTRICT. THEY DO NOT NEED THIS SITE. PLEASE PROTECT US!! SINCERELY YOURS, RICK, PEGGY & LAUREN BECK CC: MR. MICHAEL A. KELLY &k,�V 'yoffo ",W"ZQ !al e P �4"_44 CJ//lLmr yat' V ,v L 917:w 'b 4127 LP//26 L.IP/lx. P V lQ 2820,E C. GROUP RESPONSIBLE FOR A CLEAN ENVIRONMENT 9819 CHESTNUT ROAD - WAXHAW, NC 28173 (704) 843-4400 -Xg2021�2\ �i May 19, 1998 C11'7° pia r'/ke p/ /&' t! C4l7i .Sf„ �O State of North Carolina DEHNR Q�b' Division of Waste Management 9<'9 P.O. Box 27687 Raleigh, North Carolina 27611-7687 Attention: Ms. Sherri L. Coghill Subject: Application for Permit to Construct Highway 521 Landfill, Mecklenburg County, NC Dear Ms. Coghill: I would like to thank you and Mr. Michael Kelly for providing the time necessary to present all my information at the April 29th Public Hearing. Although I have already provided some of this information in previous correspondence to you, enclosed is support for all the issues raised at the hearing. The information is divided into five (5) exhibits which cover: Exhibit I Section .1622 (3) Wetlands Exhibit II Section .1618 (c) Regional and Local Characterization Exhibit III Section .1618 (5) and (6) Local Government Approval Exhibit IV Section .1626 (4) and (5) Explosive Gases and Air Criteria Exhibit V Miscellaneous In making the decision on the Construction permit, there are two important points to consider. First the major change that has taken place in the area and second the fact that the applicant, Mecklenburg County, has no intention of using the landfill until July 2001. Please contact me if additional information is required. ire y truly ours JPF/ek Jose h . F Enclosures Director of Research Office (704) 571-2240 State of North Carolina. DEHNR May 19, 1998 Page 2 cc: Ms. P. Beck, GRACE 9819 Chestnut Road Waxhaw, NC 28173 J. Conner & Associates Old Durham Library Office Blvd. 311 E. Main Street Durham, NC 27701 D. Morton Mecklenburg County Engineers and Building Standards Dept. 700 N. Tryon Street Charlotte, NC 28202 Blue Ridge Environmental Defense League P.O. Box 88 Glendale Springs, NC 28629 Fountain Odom For Senate 10 1110 S. Tryon Charlotte, NC 28203 T. Bush, Chairman Mecklenburg County Commission B. James, District 6 Mecklenburg County Commission PO Box 399 Village of Marvin Mayor: Bill Baughman Waxhaw, NC 28173 Council: Peggy Beck Phone (704) 843-1672 Steve Nichols Fax (704) 843-5958 Steve Smith Town Clerk: Rene Dotson May 18, 1998 Sherri Coghill North Carolina Department of Environmental and Natural Resources 223, Division of Waste Management Solid Waste Section Post Office Box 29603 Hsi IN Raleigh, N. C. 27611-9603 ed R jceiv solid Waste Re: 521 Landfill, Mecklenburg County, Permit No. 60-18 ��♦ tActi— Dear Ms. Coghill: 8ts517£_% I was present at your department's public hearing recently held in Charlotte regarding the 521 Landfill. The technical aspects as to why the permit should be rejected seemed to make sense, and it is obvious to me that many studies have been done by someone with an environmental background. All the hearings previously held by Mecklenburg County seemed like talking to a "deaf ear"; the commissioners were not paying attention to the citizens pleading their cases. Your hearing was entirely different, giving the speakers your complete attention, for which I am most grateful. Several people from the nearby areas of southern Mecklenburg County indicated to you the proximity of the proposed landfill to several new developments both completed and about to be started, and the impact this landfill would have on the community. Remember, it will be visible a long way off as the proposed cells will be as high as a 15 story office building. You can imagine what that would look like. I am the Mayor of Marvin which is a small but rapidly growing municipality in Union County. Though our village borders the landfill at Six Mile Creek our concerns have not been considered. A new subdivision called Firethorne Country Club with 150 homes is clarrently being developed in Marvin and borders Six Mile Creek opposite the landfill property. The closest residential lots will be within 500 feet of, the landfill. If the permit is approved, these residents will have to look at barbage mountains whenever they go o4tside rather than a plea�iiig view of the countryside. North Carolina Department of Natural Resources Solid Waste Section Page 2 In addition to the view, the truck traffic will be disastrous to Marvin with trucks from two counties coming through our village. It has been estimated that approximately 300 trucks per day will pass through Marvin. 1 think a more suitable site would be in an industrial area rather than a rapidly developing residential area. Mecklenburg County recently amended its ordinance requiring quarries to be located only in industrial zoned areas due to the undesirable impact on residential areas. We do not understand why the same rationale should not apply to landfills. Thank you for the recent hearing in Charlotte. I earnestly ask that you base your decision on residential impact and the will of the people rather than the pressures of county politicians. Sincerely yours, /X������9 6� Qom_ William R. Baughman Mayor, Village of Marvin WRB:jb May 15, 1998 Ms. Sherri Coghill North Carolina Department of Environment and Natural Resources Division of Waste Management Solid Waste Section Post Office Box 29603 Raleigh, NC 27611-9603 Subject: Mecklenburg County (Highway 521) Landfill... Permit Number 60-18 Dear Ms. Coghill; Thank you and the other representatives from your department who met with us in Charlotte on April 29, 1998, concerning the above proposed landfill permit. Our home and property is located approximately 100 yards from this proposed site. Needless to say, we are distressed to even think of being forced to live with the horrible conditions a garbage dump would generate. Our lives would never be the same and I'm sure we speak for many home owners. A school and a church are also located within less than 100 yards of this site. One issue that troubles us greatly is how the main fact of the study made for approval of this site was apparently disregarded. The geological study made on the site to determine suitability revealed that the site was unsuitable for a landfill due to a "high water table, fractured bedrock and wetlands" (subject to frequent floodings). It is a great mystery to us as to why this important finding was apparently ignored. Mecklenburg County purchased this land many years ago when the area was rural and unpopulated. Today, it is the fastest growing and most populated area in Charlotte. We urge you to look at the whole picture and make a sincere and honest evaluation to reject this permit number 60-18. Thank you very much. Sincerely, Lee & Ann Kolbe -1 f l� t `r a I � 1—)�-ems ao,r I¢��i�-) 0 C-- a.�`7 Ernest G. Taylor 10610 Old Wayside Road Charlotte, NC 28277 May 14, 1998 Ms. Sherri Coghill NC Solid Waste Section P. O. Box 29603 Raleigh, NC 27611-9603 Re: Permit No. 60-18 Dear Ms. Coghill: I wish to state my opposition to the Mecklenburg County landfill proposal at the Highway 521, South Charlotte location. This area has become one of the most rapid residential and commercial growth areas in the Mecklenburg County region. What once was an area that was only known by hunters and others who appreciate undeveloped terrain now is teaming with new home construction, large office buildings, recreational facilities and urban infrastructure. The proposed site and surrounding area have matured into a thriving urban region during the years the land fill proposal has been discussed. Situating a land fill here will not only hinder the quality of life of area residents and workers but also will inhibit the economic development of this valuable real estate. I hope that you and your agency will make every effort to determine that there are more appropriate solutions than the Highway 521, South Charlotte landfill. Please deny final approval of this project. Sincerely, Ernest G. Taylor J. J. Broderick 10605 Old Wayside Charlotte, North Carolina 28277 May 11, 1998 Ms. Sherri Coghill NC Solid Waste Section P. O. Box 29603 Raleigh, NC 27611-9603 Permit No. 60-18 Dear Ms. Coghill: hh� J�11 co N c� We have followed with great interest the 521 garbage dump issue. It seems that Mecklenburg County taxpayers are funding a $100 million dollar "black hole" that is unnecessary. Other sites are available in the Carolinas for this dump. While unnecessary, such a facility jeopardizes the environmental integrity of the 521 area and the health of its inhabitants. This project epitomizes government inertia. A project which might have seemed desirable several years ago, because of changed circumstances, is now simply an unjustifiable expense. Yet, the government continues to move forward relentlessly. This dump, to be built in an area subject to frequent flooding, will be above ground, virtually guaranteeing an objectionable odor for miles around. In light of the high water table, ground water contamination is not out of the realm of probability. I am opposed to this project. cerely, J. J. Broderick JJB:jpr PPAB-CHl/279145.1 N CARMEL OBSTETRICS AND GYNECOLOGY Tommy L. Megremis, M. D. Philip J. Solomon, M. D. Sherri Coghill NC Solid Waste Section PO Box 29500 Raleigh, NC 27611-9800 Re: Permit No. 60-18 May 11, 1998 Dear Ms. Coghill, N vk6Gdteo v 9tVt011 ' This letter is in reference to the proposed landfill in South Mecklenberg county. As a business man and physician I have been following this topic for the past 2 years or so. I have 2 general comments that I would like to take a moment of your time to express. First, my practice is located in the S. Charlotte -Pineville area near Mercy Hospital South. This area has been growing vibrantly for the past 7 years and has the potential to become as dense and productive as any area in Mecklenberg county. In some part our businesses are dependent on the success of the Ballantyne community. Most people think of Ballantyne as a wealthy neighborhood, but the business people around here look forward to the multifamily homes and affordable housing opportunities as well as the businesses that will hopefully sprout up in and around Ballantyne. It will be a boon to all of us, ultimately to the county, and potentially to the state as well. Why endanger all of this for a landfill? There must be other alternatives for solid waste disposal. My other concern is a medical one. As an obstetrician I wonder about the public safety issues and how they may affect my patients. Teratogenetics is certainly not my specialty, but I can guarantee you that the pregnant women in the neighborhoods surrounding a landfill will have concerns. There are well documented cases of seepage from chemical sites which have contaminated the air and drinking water of towns ultimately creating major public health problems. Once again I ask the simple question -Is it really necessary to build this thing in an area that could potentially be densely populated? 10514 Park Road • Charlotte, NC 28210 • 704-543-6081 • Fax: 704-543-6083 CARMEL —**e. OBSTETRICS AND GYNECOLOGY --VA91' Tommy L. Megremis, M. D. Philip J. Solomon, M. D. In summary, it seems a commitment was made many years ago to build a landfill in this part of Charlotte. In 1998 the demographics have changed and we should reassess that decision. There must be other alternatives. Respectfully submitted, _ V -- Philip J. Solomon NM 10514 Park Road • Charlotte, NC 28210 • 704-543-6081 • Fax: 704-543-6083 A L., -r-" o V G H 'J t,) �2� A -rTEN� _� .. V. n� to �_�_ E To �EtcTt(JC- RE G�tRD►N_-.G EI2YY1l ��'I-gr w 1 FE C tta'.bY Ati SIZE CM`PHAT 1CHLL---f d�VoSE-D _ 70 7-41 s fizoPo s- �yutY-\P W A House 6CCAUS E 17- �S A. nJlCE fqR�A ALL TH_E �A_L L/tNTYNE- EVELoPrnG7 . time ENG1.a,Sr� A LISI- OF RE -A soNS - WHIc L_ = .,Rope wIL-t VAI-L .0k r- �ut� Ot3�t=�i IoN� - �: Pf03 CaN.JtNCE_ YOv To_ TD,ICJ- THE CFFO(LTs TO STa P 7"tfls PEK,nn tT ►rlA ANoTH12 LO4�iTlo� - Fob THIS_ S1 , %�L'ej p -. - a -ct.� sta p IT 9Z52 FFA4 7Q 1 - S if 3 - 9 o 4 % e 1. - - -- �i Itz 5e89�p�7 I r. A to £Z y RR May 6, 1998 Ms. Sherri Coghill NC Solid Waste Section P.O. Box 29500 Raleigh, NC 27611-9800 RE: Permit No. 60-18 Dear Ms. Coghill: ril<E `s-ceived o olid Was#' \zczszSZ'°�' As a new resident of Mecklenburg County, I want to voice my opposition to the proposed Hwy. 521 Garbage Dump Site. This location is incredibly close to tremendous housing growth. It seems that the North Carolina Department of Environmental and Natural Resources, Division of Waste Management could find acceptable land for use away from housing. My understanding is that there are several other sites available in the Carolinas. This proposed dump is unwanted in Mecklenburg County and by its residents. I vote NO. Sincerely, Michael Cossentine 10125 Zackery Avenue Charlotte, NC 28277 May 6, 1998 Ms. Sherri Coghill NC Solid Waste Section P.O. Box 29500 Raleigh, NC 27611-9800 RE: Permit No. 60-18 Dear Ms. Coghill: ^�9�p1112131yt�s, e co �� N rt-ceived N solid Wasto 9Z5I1� V As a new resident of Mecklenburg County, I want to voice my opposition to the proposed Hwy. 521 Garbage Dump Site. This location is incredibly close to tremendous housing growth. It seems that the North Carolina Department of Environmental and Natural Resources, Division of Waste Management could find acceptable land for use away from housing. My understanding is that there are several other sites available in the Carolinas. This proposed dump is unwanted in Mecklenburg County and by its residents. I vote NO. Sincerely, nn Annette Cossentine 10125 Zackery Avenue Charlotte, NC 28277 5-6-98 To: Sherri Coghill NC Solid Waste Section PO Box 29500 Raleigh, NC 27611-9800 Ref: Permit No: 60-18 Dear Sherri, From: Tim Williams 16101 Marvin Road Charlotte, NC 28277 ,`31415 it; A O Alf ctcceived, \� loiid Waste roCti^ yti - �• �L-QE6ZSZ�Z9v I am writing in reference to the Highway 521 Garbage dump that is proposed to be constructed over the next few years. As a homeowner in this area, I have many concerns about the proposed garbage dump. A few of them being the quality of my well water, noise and pollution of sanitation vehicles, poor condition of the roadways; not to mention the possibility of chemical or other contamination. South Charlotte has been my home for the past six years. I have been in my current residence over five years now and have grown comfortable where I live. I have witnessed much development in this area and hope to see it continue well into the future. If this garbage dump were completed, it would have definite `negative' impact on future development. Some of us feel there could even be a flood of residents leaving the area. I thank you for the opportunity to make my opinion known as well as the opinions of my neighbors. This area is becoming so developed I feel sure a better selection can be made. If you do decide to go through with development, I feel that you should consider offering city water and sewage for existing homeowners and strive to keep the roadways in good repair. One can only imagine the impact any type of contamination would have on the area. Kindest Regards, 2", Tim Williams k A few highway 521 garbar dump points: - The nearly 600 acre site is bordered by Marvin Road, Ardrey-Kell Road High,%iy 521 and Six Mile CmWk - The area curtains wetlands and is subject to frequent flooding -;yew lain'4ifii1 lim technology �Wifi vd byEPA tegula ions) providesno leakage a lamrtegec - Because of the high venter table and fraetiived bedrock, this dump will be above ground - Meckienburg County currently has a contract with Bri through July, 2001 to dispose of our garbage - - Mecklenburg County Taxpayer dollars will be spent to construct and operate the 521 garbage dump for Union k C) and Lancaster ISQ Counties garbage - yet the regional agreement lies iiu guarantee that these counties will use this landfill nor does it require minimum payment. is Mecklenburg County to reimburse construction and operation costs - This landfill would cost Mecklenburg County taxpayers well over 5100 million and could operate for 12 - 15 years followed by a mandatory 3,0 years of monitoring for ieaks - Mecklenburg County and its taxpayers will be at risk for all associated spiiis and ciean up - The liability being created by construction and operation of the garbage dump is against -the collective will of Mecklenburg taxpayers 7 �� d9500to d `17 L -Z i Z // — 9P �' \ oiidrUJastP r t ^/ �C 6Z S'&o V Stamper 908 Staghorn Lane Waxhaw, NC 28173 May 5, 1998 Ms. Sherri Coghill North Carolina Department of Environmental and Natural Resources Division of Waste Management Solid Waste Section P.O. Box 29603 Raleigh, North Carolina 27611 - 9603 Dear Ms. Coghill: ry��yg7 8 9 7077i � c0 ��C�'1ve ',olid Was}e Recently I attended a public hearing regarding a proposal to construct a new landfill in an area of south Mecklenburg County, near Highway 521. Frankly, after listening to the various speakers and reading through materials, I was amazed by the fact that this proposal has progressed to this stage. The proposed site may have at one time been a logical, fact based choice, but clearly now it makes no sense to construct the facility, at this location, at this time. The following are some of the reasons that I feel this way: 1. The proposed site is directly adjacent to a home for abused and neglected children. The Elon home is now a chartered school. Construction of a landfill so near a school is morally wrong and quite possibly a violation of North Carolina law. 2. The land on which the facility is to be built is presently worth 10 — 15 times the County's initial investment. Sale of the property and re -investment of the proceeds would certainly yield benefits far in excess of the cost/benefit of continuing on with this project. 3. The County has not made a reasonable case that a new landfill is needed, at all. 4. Mecklenburg County has chosen a site, which borders on another county, my county. The Commissioners responsible for this decision are not required to face half the voters who might voice opposition to their plans. 5. The proposed site is surrounded by of one of the fastest growing residential areas in the County, the State and perhaps the Country. 6. The county is proposing to take on a governmental function that was previously a privatized activity at a time when most governmental bodies are doing precisely the opposite. 7. The County has chosen a site which was apparently 11`h on a list of twelve potential sites considered in a feasibility study done several years ago. What justification existed to eliminate the first ten sites from consideration? Why was this site the second least desirable location and have the decisive factors improved or worsened in the intervening years? 8. The County has not been forthright and accurate in their analysis of the cost vs. benefit to the taxpayers or the residents of the neighboring communities. Original assessments of rising costs for trash removal have not materialized. Indeed, such costs are falling. 05/05/98 Ms. Sherri Coghill NC Division of Waste Management It is my understanding that you have the authority and hopefully the common sense to see the folly of proceeding down this path. Governmental officials need to have the courage to stop projects that do not make sense and fulfill their duty to be good stewards of the both the taxpayers dollars and interests. Show that courage and do the right thing. Please advise me of your decision on this matter. Sincerely, Robert E. Sta er -2- Matthew B. Yates 11103 Pound Hill Lane Charlotte, NC 28277 May 4, 1998 Ms. Sherri Coghill NC Solid Waste Section PO Box 29500 Raleigh, NC 27611-9800 Dear Ms. Coghill >-19 910Cn 1�,�' �s ad wasto W With reference to Permit No. 60-18, I wish to state my objection to the location of the purposed landfill. I reside in the Ballentyne community nearby and feel that this proposed landfill could create a unpleasant atmosphere for my family. Sincerely, Matthew B. Yates r)o May 1, 1998 Sherri Coghill NC Solid Waste Section PO Box 29500 Raleigh, NC 27611-9800 Reference: Permit No. 60-18. Dear Ms. Coghill, ^�,SAOI 1213 71 r� oA Y N � V. cceived oN \ solid Wast-14 A� o � �628ZLZ9Z My letter concerns the above named permit for construction of a garbage dump on Highway 521 in Mecklenburg County. As a taxpayer in Mecklenburg I am totally opposed to spending money on this landfill. This area contains wetlands and is subject to flooding. The area is surrounded by prime property which will depreciate due to the smell and dangers of the landfill. Heavy garbage trucks will be traveling on roads already congested by commuter traffic, as well as school buses taking our children to nearby schools. Mecklenburg County does not need to support the dumping needs of Union and Lancaster (SC) Counties. Mecklenburg currently has a contract with BFI to service our needs through July, 2001. Please give this matter careful consideration and stop this landfill. Sincerely, Pat Hunter ` JAMp B. HUNTJR. GOVERNOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MEMORANDUM DATE: May 1, 1998 To: Rogers Word Service 1405 Hillsborough Street Raleigh, NC 834-0000 FROM: Sherri Coghill i x 733-0692 ext. 259 Fax: 733-4810 .., coghillsl@wastenot.ehnr.state.nc.us DIVISION OF WASTE MANAGEMENT Nr j :r REF: Public Hearing v+nl:�wYiC Meree' Mecklenburg County (Highway 521) MSWLF DIREOTOR Accompanying this memorandum is a cassette recording of a public hearing for transcription. Please regard this memorandum as a purchase order. The cassette is cued at the beginning the hearing, Side A, and continues onto Side B. Total time is approximately 80 minutes. Heading for the transcription should be: Public Hearing Draft Solid Waste Permit No. 60-18 Mecklenburg County (Highway 521) MSWLF April 29, 1998 Once the initial transcription is complete, please FAX (or email) the draft to me. I will review and, if needed, mark up any corrections and return to you. Upon completion of corrections (if any), please provide a final hard copy and email the data file of the transcription in WordPerfect format. Call me for pick up of the hard copy and invoice. y Invoice should be made out to: Sherri Coghill ' NC Department of Environment and Natural Resources Division of Waste Management Solid Waste Section x 401 Oberlin Road Suite 150 Raleigh, NC 27605-1350 - 401 OBERLIN ROAD, SUITE ISO, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Duane C. Bennett 10712 Old Wayside Rd. Charlotte, N.C. 28277 (704) 544-1919, (704) 544-2244 Fax State of N.C. Sherri Coghill N.C. Solid Waste Section P.O. Box 29500 Raleigh, N.C. 27611-9800 LETTER OF SUPPORT Dear Mrs. Coghill: May 1, 1998 Thankyou for having the vision and leadership to look to the future approval of the proposed landfill in Charlotte, N. C. Currently, we live within 1 mile of the proposed landfill, and we have no financial incentive to supporting this facility. However, we are pleased that Charlotte and the State of North Carolina DO NOT buckle to isolated "NIMBYism." Please continue to lead our great State with support of non- politically correct ideas. Furthermore, remember their are 999,972 people within the Charlotte area that do not go to meetings to APPROVE of your actions. Sincerely, D ane C. Bennett A close neighbor o���,L13141b t8�j� n , ," & cc V �aS iNi `�oF 6z 8 THE ENQUIRER - JOURNAL 500 W. Jefferson St. • P.O. Box 5040 • Monroe, NC 28111-5040 Fax 704-289-2929 • 704-289-1541 • Page 1 Pat P. Williamson IN K-ilCE DAT E Division d Waste Mara gement ACCOUNT NO: 401 Oberlin Road, Sate 150 PHONENO : RALEIGH, NC 27605 AMOUNTDUE: PLEASE RETURN UPPER PORTION WITH YOUR REMITTANCE PLEASEREMIT PAYMENT. Salesman # _ 18.00% ANNUAL SERVICE CHARG EON PAST DUE BALANC E 14 THIS INVOICE IS DUE UPON RECEIPT 0$i 30193 02102195-000 (919)733-4996 63.69 Ctuent 63.69 1-30 0.00 31-60 0.00 6I-M 0.00 91-F 0.00 Rate Date Rderaw a Desch p6 on Cod a Edi6 on Size Ine hes Rake Total 04109193 02508212-001 i PUBLIC NOTICE North419193 11 01 1.00 x3.56" 3.5T 3.02 63.69 d `• D • CLASSIFIED ADVERTISING: 9 LINES PER INCH PAY THIS !k' THE ENQUIRER -,JOURNAL AMOUNT A,63.69 MONROE, NC 28111-5040 CE ;, North Carolina Department,pfv„ Environmental and, Natural Resources 'Division of Waste Management Notice of public comment period on Draft Permit No. 60-18 to con-=+ NORTH CAROLINA, struct Phase 1 of the Mecklenbur�gg UNION COUNTY. County Landfill, a munici ar ,spud' waste landfill facility (MSWI-F), )a AFFIDAVIT OF PUBLICATION cated on US Highway 521 south� q1,i • Charlotte, -North Carolina; `put'" suant to 15A NCAC 13B .1600 of Before the undersigned, a Notary Public of said County and State, duly the Solid - Waste .Management; Flutes, is hereby given. North Ca.,g commissioned, qualified, and authorized by law to administer oaths, olina Solid Waste Managemetif'Marvin Endet'IC Rules require that the public be"' personally appeared given a 45-day period to cotnrgent on the draft permit as prepared,by,' the t. Division of Waste Mafia a who being first duly sworn, deposes and says: that he is meet. This 45-day period w ' gin April 9, 1998, and end at 5. Publisher on May25, 1998. Persons mbhfi engaged in the publication ul to comment on this permit of iof a newspaper known as The Enquirer -Journal, published, issued, and proposed it comments in w sht;­uk1„; entered as second class mail in the City of Monroe in said County and submit their comments in writing to.; the division contact listed ielow. c State; that he is authorized to make this affidavit and sworn statement; All data submitted by the ap'jA�cant that the notice or other legal advertisement, a true copy of which is is available as part of the adminig•.j trative record and may be viewed • ; attached hereto, was published in The Enquirer -Journal on the following during business hours n(9 q , d dates: PM, F, by appointment) ht tKe91 Division of Waste Managerilent'- 401 Oberlin Road,.'Suite 150; R 1(,� A public hearing has been he�-�4 uled for Wednesday, Apnl-29, . . . . . . . . . . . . . . . . . . . . . . . . . 1998, 7 PM, in, the Charlotte Mecklenburg Gevemment Center Meeting Chamber, 600 E. FouRh and that the said newspaper in which such notice, paper, document, or Street, Charlotte,, NC 282o2.Inter legal advertisement was published was, at the time of each and every such ested parties may present oralor' . written statements and data con- publication, a newspaper meeting all the requirements and qualifications ceming the draft permit and pro- i of Section 1-597 of the General Statutes of North Carolina and was a 'he MSWLF facility is owned"by sed permit conditions. qualified newspaper within the meaning of Section I-597 of the General Th Mecklenburg County. The facility, Statutes of North Carolina. which is accessed via US Highw�r 521, south of Charlotte, NCC en- .[� 98 compasses a total of 565 acres' rA. ' �_ 4 Approximately 205 acres pf the This . . . . . . da of . 11% 19 site will be developed as Lan filth units yielding a total capacity�of�lf4 J million. cubic yards. The facility wig' , i✓v�0 . , . . be developed in five-year.incre. . • ments. The first five-year develop- ment area, Phase 1, encomTass, jt, C j 98 es about 45 acres and has7 a ills,,.qA posal capacity of 2.4 million cubic � Sworn to and subscribed before me, this �.. day of l9 .. . yards of solid waste. This -orfe .� sponds to an approximate di¢po5= ` at rate of 401,000 tons of -Waste per year, or an approximate IIY G�/V Notary Public average of 1,340 tons ` ' based on 300 operating d y_pr ay 11, 1998 year. This permit approves both the overall facility plan and *e'My Commission expires: . . . . . . . . . . . . . . . . . . . . . . . . . . . . specific construction of Phase A fact sheet, copy of the dratt'pet N1 mit, and rules for the public qea{;, Ing may be obtained from the• diva Sion contact. `•Written comine1vi` must include the permit nu f and should be directed to the- 1*1 Inches: 4C4�� rice contact. Persons wisrii to'* 98 receive notice of a final the con.-' b1pNR'�E, N.C. 19 I cision may register with the con.—' tact. � R. Address all comments questt3¢s;,'. �dG or requests to the division contact, Ala%1Q_(�C1� ACCOUNT Sherri Coghill NC Solid Waste Section PO Box 29603 , -rJzz COST: $ Raleigh, NC 27611-960$, .. * _ (919) 733-0692, ext. , FAX (919) 733-4010 April 9, .1998 . ye-71( a? 76Qs —IN ACCOUNT WITH— �4C TEnquirer-31ournal • P.O. Box 5040 500 W. Jefferson St. Monroe, N.C. 28111-5040 Important Legal Document, Please Retain / April 30, 1998 V Sherri Coghill NC Solid Waste Section P.O. Box 29500 Raleigh, NC 27611-9800 Dear Ms. Coghill: 3�567 997p7 �L 77 e i. a m !-i.caived N olid M st- cA� � 0 As property owners and residents of Mecklenburg County, we are writing to protest the proposed garbage dump on Highway 521 (Permit No. 60-18). This site is bordered by Six Mile Creek and is in an area containing wetlands. Because of the high water table the dump would have to be above ground. As such, there is considerable concern that leakage from the dump could contaminate both the ground water and the creek. We do not believe this is a viable site for a landfill. Since there are several other landfill sites available in the Carolinas, we respectfully request that the permit for construction not be granted for the Highway 521 site. Sincerely, L Diana and Ken Petronis 13239 Whisper Creek Drive Charlotte, NC 28277 704-847-6853 /Cappiello 9411 Belmont Lane Marvin, North Carolina 281 April 30, 1998 Ms. Sherri Coghill North Carolina Department of Environmental and Natural Resources Division of Waste Management Solid Waste Section P.O. Box 29603 Raleigh, North Carolina 27611 - 9603 Re: Proposed Highway 521 Landfill Dear Ms. Coghill: Last night, my wife and I attended a public hearing regarding the proposal to construct a landfill in an area of south Mecklenburg County near Highway 521. Although we had learned of the proposal several months ago, this was our first real exposure to details of the plan and our first opportunity to voice our opposition. After listening to the various speakers and reading through materials, we were struck by the fact that this proposal has gone this far. Although the proposed site may have once been a rational choice, it simply makes no sense to construct this facility, at this location, at this time: 1. The land is directly adjacent to a home for abused and neglected children. The Elon home is now a chartered school. Construction of a landfill so near a school is wrong and quite possibly a violation of North Carolina law. 2. The land on which the facility is to be built is presently worth 10 — 15 times the County's initial investment. Sale of the property and re -investment of the proceeds would yield benefits not contemplated when the property was acquired. 3. The County has not made the case that a landfill is needed, at all. 4. Mecklenburg County has chosen a site which borders on another county. The Commissioners responsible for this decision are not required to face half the voters who might voice opposition to their plans. 5. The proposed site is surrounded by of one of the fastest growing residential areas in the County, the State and perhaps the Country. 6. The County is proposing to take on a governmental function that was previously a privatized activity at a time when most governmental bodies are doing precisely the opposite. 7. The County has chosen a site which was apparently I I' on a list of twelve potential sites considered in a feasibility study done several years ago. What justification existed to eliminate the first ten sites from consideration? Why was this site the second least desirable location and have the decisive factors improved or worsened in the intervening years? Ms. Sherri Coghill NC Division of Waste Management 04/30/98 8. The County has not been forthright and accurate in their analysis of the cost vs. benefit to the taxpayers or the residents of the neighboring communities. Original assessments of rising costs for trash removal have not materialized. Indeed, such costs are falling. It is my understanding that you are our last line of defense. The elected officials of a County in which I have no representation or voice, have chosen to befoul my neighborhood and significantly damage my family's standard of living. We beg you to protect us from this disaster. Please advise me of your decision on this matter. PVC/pc Sincerely, 70 v� Paul V. Capp' l o -2- Kristi Nykamp 14320 Blue Granite Rd Pineville NC 28134 Sherri Coghill NC Solid Waste Section P4 Box 29500 Raleich NC 27611-9800 Re- Permit No. 60-18 Dear Ms. Coghill, April 30 ;1998 hb",2,9101 i 72 '- 00 olid Wasto d o l ';rli3 Ul'a like tc vo°ce my concern about tt,e 3armit for constructi:-n of `= -- t-I: 'VY 5� Garbage Dump, i feel it is a waste. of taxpayer money to constrUCt this garbage -,ite First nT ail, there is Currently landfil'i space still avai,lable at existing iand,'Els. HlcI'_ h we nth--- taxpayers :Df 1 leckianbura Count/) v-101 n1v for the construction and operation of the d""nr sito eve do not iave a +;Lii"rent need to use the dump site. r dIditfUrlc�i y, t[lE :ti!Er cr�i',i}E s tiT xi ,'Jl-�`iil 11 n + licfi thy, i n.If;ll do not ^� I �►.-r',+^^ +i^ G] r o?rill aS(? !}, C' !lc \l ? ,ny d,, ,: f g• u- G,... thorn co ensure -chat we will be reiir,burseu for the constiuctiOn gild open3i,;.I,n costs. i his is :�lenr''y not a be-3t use of our i iii?ted county rezourcfi5. ad !iti; n, urG'e se the area contains vva. arids, is subject to rrequeiit flu )di ngi a:Id has a high lnlater table, l 8o not helieve that ti1c, site is appropriate f,'I,r a rjarbaoe dump i appeal to the common sense of those serving state go, �rnrient, opnnce this permit based on the facts of :his case. T 1, 1 a n k yc:u, 16,,/ ' 112-,r Kristi Nykamp BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE PO Box 88 — Glendale Springs, North Carolina 28629 Phone 336-982-2691 — Fax 336-982-2954 -- Email bredl@skybest.com April 29, 1998 NC Solid Waste Section PO Box 29603 Raleigh, NC 27611-9603 Mecklenburg County plan for a landfill on US 521 is the wrong solution to the wrong problem. The history of landfills and incinerators in this county should direct county and state officials to other methods of handling municipal solid waste. The Blue Ridge Environmental Defense League recommends that the county adopt a zero waste goal. A zero waste goal would move the Charlotte -Mecklenburg region forward into a position of leadership in the in the Carolinas for the 21st century and would avoid the costly mistakes of the past. Zero waste is a practical. Zero waste is economical. Zero waste is a solution to solid waste problems which municipal governments are implementing today. High density polyethylene liners (HDPE) are not effective barriers to landfill leachate. Two major classes of chemicals are responsible for HDPE failure. Aromatic hydrocarbons such as benzene and naphthalene, "permeate excessively and cause package deformation," and halogenated hydrocarbons such as trichlorethylene and methylene chloride can permeate HDPE and cause, "softening, swelling, and part deformation."(Marlex Polyethyleyte TIB 2 Packaging Properties, Plastics Division, Phillips 66 Coinpaity, Bartlesville, OK 74004). The "best demonstrated available technology" for composite liners (clay and plastic) allow leakage rates from .02 to 1.0 gallons per acre per day. This would result in 1,400 to 70,000 gallons of toxic leachate per f from a 192 acre landfill. (Geoservices bic. Background Document on Bottom Liner Performance in Double -lined landfills and Surface Impoundments, April 1987) Tests of the new municipal solid waste liner after burial by an Arizona contractor revealed that even with the most careful construction and quality assurance testing at every stage of emplacement, the liners had holes and punctures. (American City artd County. July 1991) Landfill caps are subject to natural elements and leakage. Lightning bolts striking the ground typically five million volts and 2,500 to 220,000 amperes can bore holes in the ground eight inches in diameter and fifteen feet deep. In western North Carolina, an average number of lightning strikes per hundred acres is 2.96 per year (AT&T Telecommuiticatioit Electrical Protection, AT&T Technologies, btc. 1985). prinleJon 100%Poet-consumer recycQpaper tudlioul cUrine Mackny BREDL April 29, 1998 Highway 521 Landfill Comments page 2 Burrowing animals can move 5.3 tons of soil to the surface per acre per year. "Similar activity would have a dramatic impact on landfill cap integrity... synthetic liners, measured in mils are not likely to impede these same animals." Clay presents little barrier to such animals. (Johnson & Dudderar, WASTE AGE, March 1988, p.108-111) Even EPA predicts failure of the new landfill technology: "First, even the best liner and leachate collection systems will ultimately fail due to natural deterioration...." (Federal Register p.33345) North Carolina's landfill regulations create a bathtub effect by allowing a cap, or clay cover, which lets water move 100 times faster than the bottom clay liner (top = .00001 cm/sec, bottom = .0000001 cm/sec). Leachate collection systems and pumps designed to control the problem will not work for the period of time necessary (over 20 years) to prevent groundwater contamination from infiltration, saturation, and ultimate leakage. The United States Environmental Protection Agency (EPA) identifies 47 North Carolina counties, including Mecklenburg, as being within seismic impact zones where landfills should not be located. The Brevard fault runs across western North Carolina and presents an unpredictable hazard. A fracture trace analysis completed by Westinghouse Environmental and Geotechnical Services in 1990 for Wilkes County found that "due to the highly active history of this area small faults and fractures are going to be found in abundance." Drainage and groundwater flow are difficult to predict because of such fractures. Draper Aden Associates found that in Watauga County "soil and fracture water production zones may be somewhat interconnected by hydraulically conductive fractures, joints, and/or shear zones."(DAA 8121193) North Carolina's solid waste rules allow landfilling if the owner or operator demonstrates to the Solid Waste Division that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to meet the maximum horizontal acceleration in lithified earth material for the site (15A NCAC 13B .1622[5]{a}). This demonstration cannot assure safe containment of waste for the centuries during which it must be contained. Anyone who drinks wellwater within two miles of the landfill is at risk. Once contaminated by municipal solid waste landfill leachate, groundwaters are no longer suitable for domestic water supply. "The regulations never address the pr;.bJ on 100% pod-cowume..BcrI Jae, dL., CA&i. 11.4i y BREDL April 29, 1998 Highway 521 Landfill Comments page 3 fundamental problem, now widely acknowledged among the world's community of geologists and hydrologists, which is that contaminated groundwater is extremely difficult --often impossible --to clean up, once it's contaminated." (Environmental Research Foundation, Hazardous Waste News #232, 518191) . According to North Carolina rules, a groundwater pollution zone can be declared around a landfill which will never have to be cleaned up (15A NCAC 2L Section .0106). North Carolina Rules do not have measures to protect surface waters from contamination. Anyone downstream from from Mecklenburg County's landfill should be concerned. Leachate, or garbage juice, from municipal solid waste contains 32 chemicals which cause cancer, 10 chemical which cause birth defects, and 21 chemical which cause genetic damage. NC citizens know that recycling and cutting waste is the right thing to do. We demonstrated our commitment last November when 22,000 North Carolinians signed America Recycles Day pledges and in their everyday participation of home, business and industry recycling programs. The burgeoning recycling industry contributes more than $1 billion to the state's economy and 9,000 jobs. More and more manufacturers are relying on the scrap feedstocks generated by collection programs. Some corporations, such as Xerox and Interface have set a goal for zero waste and zero emissions -- to become as efficient and ecologically sound as possible. Finally, landfills continue to pose a threat to the environment and public health, through groundwater contamination and organic gas emissions. Almost every long term operating landfill in the state has documented leachate problems. So... if we can agree that continually reducing the amount of waste produced by each of our citizens is an important competitive, economic, and environmental goal for our state, how can we start making true progress? We propose the creation of a Legislative Study Commission with the mandate of developing a plan to achieve 40% waste reduction by 2005. Such a commission should tap the expertise within the state and from other states and countries to develop bold initiatives to get NC on track to becoming a state where nothing goes to waste. Lou Zeller April 29, 1998 Attachments Printed on 100% Post-coneumer recycled paper widwul chorine Uackny I'/ 6416 High Creek Court Charlotte, NC 28277 704 541-8922 April 29, 1998 Sherri Coghill NC Solid Waste Section P.O. Box 29500 Raleigh, NC 27611-9800 Dear Ms Coghill, �, "solid blast° �t© :gevz I am writing to voice my opposition to the proposed landfill (dump) for Highway 521, Permit Number 60-18. Please reconsider the site in view of the liability being created by construction and operation of the garbage dump. It is against the will of the Mecklenburg County taxpayers. Thank you for your consideration. Sincerely, Patricia Hudson V/ 9328 Hanworth Trace Drive Charlotte, NC 28277 April 28, 1998 Ms. Sherri Coghill NC Solid Waste Section P. O. Box 29500 Raleigh, NC 27611-9800 Re: Permit No. 60-18 Dear Ms. Coghill: /y678970>>> HAY �'t,ceived solid Wastp ro It is my understanding that The North Carolina Department of Environmental and Natural Resources, Division of Waste Management is receiving public comment between April 9 and May 25, 1998 on the draft permit for construction of the Highway 521 dump. I would like to express my opposition to this proposed landfill. I am concerned about the passage of this permit on the following grounds: 1. Mecklenburg County currently has a contract with BFI through July, 2001 to dispose of our garbage making this permit unnecessary at this time. 2. Mecklenburg County (and its taxpayers) will be at risk for any and all spills that might occur during the operating years (12-15) and the following 30 years of monitoring for such leaks. This presents a liability that is difficult to quantify and therefore, difficult for this taxpayer to accept. 3. Finally, from the information I have been presented with, it appears that you would be sanctioning a landfill upon acreage that is unsuitable for the purpose, given its high water table and frequent flooding. I urge you to give ample consideration to the future consequences of your decision and ask that you not authorize this permit if it shows a high probability or having adverse future effects on both taxpayers and the environment. Thank you for your consideration in this matter. Sincerely yours, Evan Gillespie 9795 Black Horse Run Fort Mill SC 29715-9509 April 27, 1998 Sherri Coghill NC Solid Waste Section P O Box 29500 Raleigh NC 27611-9800 Dcar Ms. Coghill, This letter is in reference to Permit Number 60-18. Since I work in Mecklenburg County and pay NC Income Taxes, I feel I have a right to express my concern on this issue. In addition to all the geological, technological, environmental, and wildlife preservation reasons that have been given as to why the construction of this landfill is NOT in the best interests of the citizens of Mecklenburg and surrounding counties, there are major economic issues as well. Mecklenburg County government does not have a very good track record when it comes to owning and managing waste disposal facilities. Their failure to get the Incinerator to work is an excellent example. Mecklenburg County's sewerage treatment plants give off terrible odors, but the County has been unable or unwilling to rectify that situation. That's a major reason we moved from the Pineville area several years ago! Have you ever smelled rotting garbage? I am not convinced that the landfill managers will work to insure that each day's truckloads of garbage will be covered. The trucks will dump in inclement weather, but will the landfill employees cover it in inclement weather? Probably not! Waste management and disposal should be left to those people who specialize in that business. The State of North Carolina should recognize that fact, and pass laws that force local governments to utilize professional waste management companies. I'm sure the County Commissioners are basing their decisions on what they are being told by many other people. But, just once in my life I'd like to see the local politicians and bureaucrats do what the citizens want and not what they want. Heaven knows the citizens of Mecklenburg, Union, and Lancaster Counties have been fighting this landfill for years. Are our concerns partly selfish? Yes, we're worried about property values, health, pollution, noise (trucks and bulldozers make a lot of noise that carries a long way), and our general quality of life. Many of us who live in the communities surrounding the proposed landfill chose to do so because it is peaceful, tranquil, and has an abundance of wildlife. It will NOT be that way after the landfill opens! That is an absolute fact! As residents of Lancaster County, SC we are adamantly opposed to the construction of the proposed Mecklenburg County landfill! Quite frankly, the landfill will essentially be in my back yard, less than a half -mile from my home. Thank you very much for your time and any consideration than can be given to not approving the construction of the Mecklenburg County landfill. Yours truly, C�7 Tony G Hamilton and Patricia C Hamilton Lawrencte C. Gerow 15218 Wyndham Oaks Drive Charlotte, North Carolina 28277 4/-,::,? 7. 9 p /�' '3'1 Pi1iLl. (.DY" l ff �95aC, a..d1Ale y0'U0-Vk- &4 POO g""" C'^rr✓n""�"�e. -�auD R-w s� .¢D.ae�,(ek. r April 24, 1998 Sherri Coghill NC Solid Waste Section P.O. Box 29500 Raleigh, NC 2711-9800 ryS0,5678gIp>>2 M j1 ii i O J �tcceived ""lid Waste `v V cam, ,fro 9ZSZ ZZ, Dear Sherri: I am writing to you in regards to the proposed landfill offHWY 521 in Union County NC. I am a Chemist and work in water treatment and have pretty good credentials and knowledge in what can be found in these landfills. The first concern is what will show up in the landfill. The toxic waste from consumers and household products will be unavoidable. This includes; paints, cleaners, solvents, used oils that contain phenols and benzene etc. Another concern will be the biological activity that will be generated from an above ground dump. Neighbors and surrounding communities will have to deal with hydrogen sulfide and various other rotten stenches. I have Extreme concern where the liner manufacture does not provide leakage guarantees. The reason for this is that anyone with common sense will realize that sharp glass, old rusted steel, and bulldozer tracts will eventually puncture this liner. So now what, an expensive cleanup and prime land that will be contaminated and labeled hazardous for the next 100 years or so. His can all be avoided by using existing landfills, or putting one `if really needed" in an area that does not have the residential concerns that this proposed dump does. Please stand up for what is right rather than what is politically popular before it is too late. Thanks for listening, � Daniel I G6orge H / J 9 3 I D , m o n+ Lr) KO-X-hcu�) �-� c;)S 7 '*'iiFll JAMES 9. HUNTJ fy $y p , s+`£ eY a*ti dnq NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT April 9, 1998 Mr. Robert L. Gill Department of Health and Environmental Control Bureau of Solid And Hazardous Waste Management 2600 Bull Street Columbia, South Carolina 29201 Dear Mr. Gill: This letter is to notify you that the Solid Waste Section has prepared draft Solid Waste Permit No. 60-18 for the proposed Mecklenburg County (Hwy 521) Landfill. A copy of draft permit, a fact sheet, and a copy of the public notice of the draft permit and public hearing are enclosed for your information. Please contact me at (919) 733-0692, ext. 259, if you have any questions or comments regarding the draft permit or conditions. Sincerely, cseL" Sherri L. Coghill Environmental Engineer Solid Waste Section cc: James C. Coffey 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER 1!IK '> JAMES B. HUNT. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT April 9, 1998 Mr. Cary Saul Mecklenburg County Engineering and Building Standards Dept. 700 North Tryon Street Charlotte, North Carolina 28202 Re: Draft Solid Waste Permit 60-18 Dear Mr. Saul: In accordance with 15A NCAC 13B .1603(c), the Solid Waste Section has prepared a draft Solid Waste Permit, fact sheet, and public notice of draft permit and public hearing for the proposed Mecklenburg County (Highway 521) MSWLF. Copies of these documents are enclosed. Please contact me at (919) 733-0692, ext. 259, if you have any questions or comments regarding the draft permit or proposed permit conditions. Sincerely, 1� Sherri Coghill Environmental Engineer Solid Waste Section enclosure cc w/enc: David Morton, Mecklenburg County Chris Stahl, S&ME Julian Foscue Tim Jewett Rick Doby 401 OBERLIN ROAD, SUITE ISO, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 91 9-71 5-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER DAMES B. HUNTJR. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT FACT SHEET PERMIT NUMBER: 60-18 FACILITY: Mecklenburg County (Highway 521) MSW Landfill COUNTY: Mecklenburg OWNER: Mecklenburg County Mecklenburg County PO Box 31787 Charlotte, NC 28231 OPERATOR: Same DESCRIPTION A draft Solid Waste Permit has been prepared by the Division of Waste Management for the construction and operation of Mecklenburg County (Highway 521) MSWLF Landfill, a municipal solid waste landfill facility (MSWLF). The division has determined that the proposed facility plan, engineering plan, construction quality assurance plan, operation plan, closure and post -closure plan, and water quality monitoring plan, as identified in the application, satisfy the requirements and intent of the North Carolina Solid Waste Management Rules, codified as 15A NCAC 13B .1600. Mecklenburg County (Highway 521) Landfill is owned by Mecklenburg County. The facility, which is accessed via US Highway 521, south of Charlotte, NC, encompasses a total of 565 acres. Approximately 205 acres of the site will be developed as landfill units yielding a total capacity of 14 million cubic yards. The facility will be developed in five-year increments. The first five-year development area, Phase 1, encompasses about 45 acres and has a disposal capacity of 2.4 million cubic yards of solid waste. This corresponds to an approximate disposal rate of 401,000 tons of waste per year, or an approximate daily average of 1,340 tons per day, based on 300 operating days per year. This permit approves both the overall facility plan and the specific construction of Phase 1. The MSWLF will be permitted to dispose of household, industrial, and commercial solid waste. Hazardous waste or other banned wastes such as yard waste and white goods are not permitted for disposal. The facility may accept waste generated within Mecklenburg County, NC, Union County, NC, and Lancaster County, SC. PERMIT STRUCTURE The draft permit is divided into two parts composed of Part 1: Permit to Construct, Attachment 1 - Approved Documents, Attachment 2 - General, Construction and pre -operative Conditions, and Part 2: Permit to Operate, Attachment 3 - Approved Documents, Attachment 4 - General, Operation, and Water Monitoring Conditions. A copy of the draft Permit is attached. 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER PUBLIC COMMENT PERIOD North Carolina Solid Waste Management Rules require that the public be given a 45-day • period to comment on the draft permit. This 45-day period will begin on April 9, 1998, and will end on May 25, 1998. The draft permit is available for review by appointment from 9 AM to 4 PM, M-F, at the Division of Waste Management, 401 Oberlin Road, Raleigh, NC. For an appointment to review the draft permit, permit application, or other related information on file with the division, contact the division at (919) 733-0692. All file review appointments are subject to availability of space and other file review appointments. All data submitted by the applicant is available as part of the administrative record. Persons wishing to comment on this permit or the permit conditions should submit their comments in writing by 5 PM on May 25, 1998. Comments should be typed or legibly printed and sent to the address shown below and must include the permit number. All pertinent comments received within the 45-day period will be considered in making the final permit decision. A final permit decision and responses to comments will be prepared soon after the conclusion of the comment period. DIVISION CONTACT Address all comments, questions, or requests to the division contact: Sherri Coghill North Carolina Department of Environment and Natural Resources Division of Waste Management Solid Waste Section Post Office Box 29603 Raleigh, NC 2761 1-9603 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 29, 1998, 7 PM, in the Charlotte - Mecklenburg Government Center Meeting Chamber, 600 E. Fourth Street, Charlotte, NC 28202, to receive comments from interested parties. Interested parties may present oral or written statements and data concerning the draft permit and conditions. Persons planning to speak may register at the hearing. Five minutes will be allotted per speaker. NOTIFICATION OF DECISION Persons interested in receiving notification of the final permit decision should make their request known in writing to the division contact listed above. • 0 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT DRAFT FACILITY PERMIT NO: 60-18 Part 1-Permit to Construct Date of Original Issue: to be determined Amendment Date: Not Applicable Page 1 MUNICIPAL SOLID WASTE LANDFILL FACILITY PERMIT MECKLENBURG COUNTY is hereby issued a PERMIT to CONSTRUCT a MUNICIPAL SOLID WASTE LANDFILL FACILITY located on US Highway 521, Mecklenburg County, North Carolina in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina and all rules promulgated thereunder and subject to the conditions set forth in this permit. The facility is located and described by the legal description of the site or the property map contained within the approved application. DRAFT James C. Coffey, Supervisor Permitting Branch Solid Waste Section 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10`Yo POST -CONSUMER PAPER DRAFT FACILITY PERMIT NO: 60-1'8 Part 1-Permit to Construct • Date of Original Issue: to be determined Amendment Date: Not Applicable Page 2 ATTACHMENT 1 Approved Documents PART I: GENERAL FACILITY CONDITIONS PART If: MUNICIPAL SOLID WASTE LANDFILL CONDITIONS 1. Application for Permit to Construct, Highway 521 Landfill, Phase 1, Mecklenburg County, North Carolina, prepared by S&ME, Inc., revised through March 27, 1998. 2. Design Hydrogeologic Report, Highway 521 Landfill, Phase 1, Mecklenburg County, North Carolina, prepared by S&ME, Inc., revised through December 31, 1997. 3. Facility Plan Drawings, Highway 521 landfill, Mecklenburg County, NC, Sheets FP-1 through FP-8, revised through March, 1998. 4. Engineering Plan Drawings, Highway 521 landfill, Mecklenburg County, NC, Sheets EP-1 through EP-22, revised through March, 1998. PART III: CONSTRUCTION AND DEMOLITION LANDFILL CONDITIONS PART IV: LAND CLEARING AND INERT DEBRIS LANDFILL CONDITIONS • PART V: YARD WASTE CONDITIONS PART VI: MISCELLANEOUS TREATMENT AND PROCESSING FACILITIES CONDITIONS 0 DRAFT FACILITY PERMIT NO: 60-18 • Part 1-Permit to Construct Date of Original Issue: to be determined Amendment Date: Not Applicable Page 3 ATTACHMENT 2 PART I: GENERAL FACILITY CONDITIONS 1. This permit shall be effective upon compliance with 15A NCAC 13B .0204 and when the certified copy with the page, book number, date of recordation, and Register's seal is returned to the Solid Waste Section (Section). 2. This permit approves the Facility Plan which in accordance with 15 NCAC 13B .1619 defines the comprehensive development of the facility including the total municipal solid waste landfill capacity, the municipal solid waste stream, all on site solid waste management facilities and related facility infrastructure. The approved plans are described in Attachment 1, "Approved Documents". Where discrepancies may exist, the most recent approved submittal and Conditions of Permit shall govern. 3. This facility has an anticipated total municipal solid waste disposal capacity of 14,000,000 cubic yards consistent with the approved final contours, which will be developed in three construction phases of five years each. Construction of cells within each phase and subsequent phases will be in accordance with the Division approved plans. 4. The landfill is permitted to receive solid waste generated from Mecklenburg County, NC, Union County, NC and Lancaster County, SC, as defined in 15A NCAC 13B .0101(36), except where prohibited by North Carolina General Statutes Article 9 of Chapter 130A, and rules adopted by the Commission for Health Services. The owner or operator of a municipal solid waste management facility that is owned or operated by a unit of local government shall not knowingly dispose of any type or form of municipal solid waste that is generated within the boundaries of a unit of local government that by ordinance: (1) Prohibits generators or collectors of municipal solid waste from disposing of that type or form of municipal solid waste. (2) Requires generators or collectors of municipal solid waste to recycle that type or form of solid waste. 5. This facility is subject to the requirements of all applicable sections of the most recent version of the North Carolina Solid Waste Management Rules, 15A NCAC 13B and the specific conditions contained herein. 6. This facility shall conform to the specific conditions set forth in this permit and the • provisions of 15A NCAC 13B .1604(b)(2). DRAFT FACILITY PERMIT NO: 60-18 Part 1-Permit to Construct • Date of Original Issue: to be determined Amendment Date: Not Applicable Page 4 7. This facility permit is issued under the criteria set forth in 15A NCAC 1313.1603(a)(1). Any facility changes that effect these criteria may require a new permit. 8. Mecklenburg County shall submit an amendment to this permit pursuant to 15A NCAC 13B.1603(a)(2) for any subsequent phase of development. FACILITY CONSTRUCTION CONDITIONS 9. Mecklenburg County shall conduct a pre -construction meeting, on -site, prior to initiating construction of any unit at the site and shall notify the Solid Waste Section 10 days prior to said meeting. 10. Construction of all solid waste management units within this facility shall be in accordance with the pertinent approved plans and only for those phases of development approved for construction as described in Attachment 1, "Approved Documents". 11. Additional conditions and revisions of the approved documents or changes during construction of any landfill unit require approval by the North Carolina Solid Waste Section. • 12. Any modifications to sedimentation and erosion control plan and activities require approval by the Land Quality Section. The Section shall be notified of any sedimentation and erosion control modifications. FACILITY PRE -OPERATIVE CONDITIONS 13. Prior to receiving waste at any unit of this facility, a Permit to Operate, must be obtained from the Solid Waste Section in accordance with 15A NCAC 13B .0201(b). 14. The following requirements shall be met prior to waste disposal for any unit of this facility: a. Site preparation shall be in accordance with the approved plans, and the conditions specified herein. b. Site inspection shall be made by a representative of the Solid Waste Section. C. Prior to waste disposal for any unit, a pre -operative meeting shall be held on -site with key landfill personnel and representatives of the Solid Waste Section. r 0 • DRAFT FACILITY PERMIT NO: 60-18 Part 1-Permit to Construct • Date of Original Issue: to be determined Amendment Date: Not Applicable Page 5 PART II: MUNICIPAL LANDFILL UNIT SPECIFIC CONDITIONS PRE -OPERATIONAL CONDITIONS 1. Ground water monitoring wells and surface water sampling locations shall be sampled for the Appendix I constituent list prior to issuing the Permit to Operate. CONSTRUCTION CONDITIONS 2. The owner's geologist shall examine the cell excavation and note any pertinent geologic features exposed during the construction process and shall notify the Solid Waste Section Hydrogeologist of these findings prior to the placement of any liner materials. 3. The owner's geologist shall be in the field to supervise all well installations. Any modifications to the approved water quality monitoring plan require approval by the Section Hydrogeologist. Documentation of all changes to the approved plan shall be submitted with the well construction records. • 4. For each monitoring well constructed, a well construction record, well schematic, boring log and a description of well development activities shall be submitted to the Section within 30 days upon well completion. PART III: CONSTRUCTION AND DEMOLITION DEBRIS UNIT SPECIFIC CONDITIONS PART IV: LAND CLEARING AND INERT DEBRIS UNIT SPECIFIC CONDITIONS PART V: YARD WASTE UNIT SPECIFIC CONDITIONS PART VI: MISCELLANEOUS TREATMENT AND PROCESSING UNIT SPECIFIC CONDITIONS (Specify Unit Type) 0 y}y}qq q S y NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT DRAFT FACILITY PERMIT NO: 60-18 Part 2-Permit to Operate Date of Original Issue: to be determined Amendment Date: Not Applicable Page 1 MUNICIPAL SOLID WASTE LANDFILL FACILITY PERMIT MECKLENBURG COUNTY is hereby issued a PERMIT to OPERATE a MUNICIPAL SOLID WASTE LANDFILL FACILITY located on US Highway 521, North Carolina County, North Carolina in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina and all rules promulgated thereunder and subject to the conditions set forth in this permit. The facility is located and described by the legal description of the site or the property map contained within the approved application. DRAFT James C. Coffey, Supervisor Permitting Branch Solid Waste Section 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10`Yo POST -CONSUMER PAPER DRAFT FACILITY PERMIT NO: 60-18 Part 2-Permit to Operate • Date of Original Issue: to be determined Amendment Date: Not Applicable Page 2 ATTACHMENT 3 Approved Documents PART I: GENERAL FACILITY CONDITIONS PART II: MUNICIPAL SOLID WASTE LANDFILL CONDITIONS (reserved for CQA documentation) PART III: CONSTRUCTION AND DEMOLITION LANDFILL CONDITIONS PART IV: LAND CLEARING AND INERT DEBRIS LANDFILL CONDITIONS PART V: YARD WASTE CONDITIONS PART VI: MISCELLANEOUS TREATMENT AND PROCESSING FACILITIES CONDITIONS • C] DRAFT FACILITY PERMIT NO: 60-18 • Part 2-Permit to Operate Date of Original Issue: to be determined Amendment Date: Not Applicable Page 3 ATTACHMENT 4 Conditions of Permit to Operate PART I: GENERAL FACILITY CONDITIONS 1. This permit shall be reviewed, pursuant to 15A NCAC 1313.0201(e), five (5) years from the issuance date of this permit to operate or the latest amendment. 2. In the event of conflicts between this Permit to Operate and previously issued conditions, the conditions of this Permit to Operate shall supersede previously issued conditions. 3. The solid waste management units within this facility shall conform to all operating procedures described in the approved plans, 15A NCAC 13B, and the conditions specified herein. 4. Additional conditions and revision of the approved documents or changes during the • operation of the landfill require approval by the North Carolina Solid Waste Section. 5. On or before August 1 of each year, the permittee shall report the amount of waste received (in tons) at this facility and disposed of in the landfill units to the Solid Waste Section, on forms prescribed by the Section. This report shall include the following information: a. The reporting period shall be for the previous year, beginning July 1 and ending on June 30. b. the amount of waste received and landfilled in tons, compiled on a monthly basis by county or transfer station of origin and by specific waste type if diverted to a specific unit within the permitted facility; and C. The completed report shall be forwarded to the Regional Waste Management Specialist for the facility. A copy of the completed report shall be forwarded to the County Manager of e5ch county from which waste was received. 6. Ground water quality at this facility is subject to the "Classifications and Water Quality Standards Applicable To The Groundwater of North Carolina", 15A NCAC 2L. this includes, but is not limited to, provisions for detection monitoring, assessment, and corrective action. n U DRAFT FACILITY PERMIT NO: 60-18 Part 2-Permit to Operate • Date of Original Issue: to be determined Amendment Date: Not Applicable Page 4 PART II: MUNICIPAL LANDFILL UNIT SPECIFIC CONDITIONS GENERAL CONDITIONS 1. This permit approves the operation of Phase 1 of the municipal solid waste landfill unit as well as the on -site: environmental management and protection facilities as described in the approved plans. 2. This permit is for operational approval of a five year permitted disposal capacity of approximately 2,355,900 cubic yards, consistent with the final contours as shown on sheet EP-9 of Document 4, Attachment 1. This capacity is based on an average annual disposal rate of approximately 401,000 tons (approximately 1,340 tons per day based on 300 operating days per year) facility total as set forth in Document 1, Attachment 1. MONITORING AND REPORTING 3. Ground water monitoring at this unit shall be as prescribed by the appropriate requirements of 15A NCAC 13B .1630-.1637 and the approved monitoring plan. • 4. A readily accessible unobstructed path shall be cleared and maintained so that four- wheel drive vehicles may access monitoring well locations at all times. 5. A field log book which details all development, sampling, repair, and all other pertinent activities associated with each monitoring well and all sampling activities associated with each surface water and leachate sampling location shall be kept as part of the permanent facility record. 6. Records of all ground -water, surface water and leachate analytical data shall be kept as part of the permanent facility record. 7. Ground water monitoring wells and surface water sampling locations must be sampled for Appendix I constituents at least semi-annually according to the specifications outlined in the approved water quality monitoring plan and the current policies and guidelines of the Section in effect at the time of sampling. 8. Reports of the analytical data for each water quality sampling event shall be submitted to the Section within 60 days of the respective sampling event. Analytical data shall be submitted in a manner prescribed by the Section. 9. The four independent samples which comprise the initial baseline sampling event shall be collected from each ground water monitoring well and the report shall be submitted to the Section within six months after issuance of the Permit to Operate. • DRAFT FACILITY PERMIT NO: 60-18 • Part 2-Permit to Operate Date of Original Issue: to be determined Amendment Date: Not Applicable Page 5 10. Untreated leachate shall be sampled and analyzed at least semi-annually concurrently with the ground and surface water sampling. The leachate shall be analyzed for all Appendix I constituents, pH, specific conductance, BOD and COD, phosphate, nitrate, and sulfate. Test results shall be submitted to the Section along with ground and surface water test results. In the event leachate is recirculated, additional leachate sampling may be required. OPERATIONAL CONDITIONS 11. The landfill unit shall conform to all operating requirements described in the approved plans, 15A NCAC 1313 .1626, and the conditions specified herein. 12. The use of alternative daily cover requires approval, prior to implementation, by the Solid Waste Section. Requests for alternative daily cover approval must include a comprehensive use and demonstration for the effectiveness plan developed according to Section guidelines and consistent with the approved plan. Plans which are approved by the Section will be incorporated into, and made a part of, the approved documents found in Attachment 3. • 13. The use of leachate recirculation as a leachate management tool requires approval, by the Solid Waste Section, prior to implementation. Requests for leachate recirculation approval must include a comprehensive management plan developed according to Section guidelines and which is consistent with the approved operation plan. Plans which are approved by the Section will be incorporated into, and made a part of, the approved documents found in Attachment 3. 14. The MSWLF unit is permitted to co -dispose of wastewater treatment sludges generated within the facility's approved service area, and subject to the terms and procedures of the approved plan. 15. Closure or partial closure of any MSWLF unit shall be in accordance with the Closure Plans described in the approved plans and 15A NCAC 13B .1629. Final Closure Plans shall be submitted to the Division at least 90 days prior to implementation. Closure and Post -closure plans, including financial instruments shall be updated annually pursuant to 15A NCAC 13 B..1628. PART III: CONSTRUCTION AND DEMOLITION DEBRIS UNIT SPECIFIC CONDITIONS PART IV: LAND CLEARING AND INERT DEBRIS UNIT SPECIFIC CONDITIONS PART V: YARD WASTE UNIT SPECIFIC CONDITIONS PART VI: 0 MISCELLANEOUS TREATMENT AND PROCESSING UNIT SPECIFIC CONDITIONS(SpecifyType) ' LL" NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT April7, 1998 The Enquirer -Journal Classified/Legal Advertising Section 3C Attention: Elaine or Linda PO Box 5040 Monroe, NC 28111 FAX: 704-289-2929 Dear Elaine or Linda: a'Pa Please publish the following legal notice in the April 9, 1998 edition of The Enquirerzlournal. To ensure payment, send together the bill for the notice and a notarized copy of the notice (include date it is run) to the following address: Ms. Pat P. Williamson Division of Waste Management 401 Oberlin Road, Suite 150 Raleigh, North Carolina 27605 If you have any questions about the legal notice or the billing, please contact me at telephone 919-733-4996, ext. 337; or FAX 919-715-3605. Thank you for your help. Sincerely, Pat P. Williamson Public Information Officer PPW , Attachment 401 OBERLIN ROAD, SUITE ISO, RALEIGN . NC 2760S PHONE 919-733-4996 FAX 91 9-71 S-360S AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/1 Oq POST -CONSUMER PAPER PUBLIC NOTICE North Carolina Department of • Environment and Natural Resources Division of Waste Management Notice of public comment period on Draft Permit No. 60-18 to construct Phase 1 of the Mecklenburg County Landfill, a municipal solid waste landfill facility (MSWLF), located on US Highway 521 south of Charlotte, North Carolina, pursuant to 15A NCAC 13B .1600 of the Solid Waste Management Rules, is hereby given. North Carolina Solid Waste Management Rules require that the public be given a 45-day period to comment on the draft permit as prepared by the NC Division of Waste Management. This 45-day period will begin April 9, 1998, and end at 5 PM on May 25, 1998. Persons wishing to comment on this permit or the proposed permit conditions should submit their comments in writing to the division contact listed below. All data submitted by the applicant is available as part of the administrative record and may be viewed during business hours (9 AM - 4 PM, M-F, by appointment) at the Division of Waste Management, 401 Oberlin Road, Suite 150, Raleigh, NC. A public hearing has been scheduled for Wednesday, April 29, 1998, 7 PM, in the Charlotte - Mecklenburg Government Center Meeting Chamber, 600 E. Fourth Street, Charlotte, NC 28202. Interested parties may present oral or written statements and data concerning the draft permit and proposed permit conditions. is US MSWLF facility is owned by Mecklenburg County. The facility, which is accessed via US Highway 521, south of Charlotte, NC, encompasses a total of 565 acres. Approximately 205 acres of the site will be developed as landfill units yielding a total capacity of 14 million cubic yards. The facility will be developed in five-year increments. The first five-year development area, Phase 1, encompasses about 45 acres and has a disposal capacity of 2.4 million cubic yards of solid waste. This corresponds to an approximate disposal rate of 401,000 tons of waste per year, or an approximate daily average of 1,340 tons per day, based on 300 operating days per year. This permit approves both the overall facility plan and the specific construction of Phase 1. A fact sheet, copy of the draft permit, and rules for the public hearing may be obtained from the division contact. Written comments must include the permit number and should be directed to the division contact. Persons wishing to receive notice of a final permit decision may register with the contact. Address all comments, questions, or requests to the division contact: Sherri Coghill NC Solid Waste Section PO Box-29603 Raleigh, NC 27611-9603 (919) 733-0692, ext. 259 • FAX (919) 733-4810 a NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT 4.W_e__Ck April 7, 1998 X a_71P The Charlotte Observer Classified/Legal Advertising Section Attention: Ann Long PO Box 32188 Charlotte, NC 28232 FAX: 704-358-5340 Dear Ann: Please publish the following legal notice in the April 9, 1998 edition of The Charlotte Observer. To ensure payment, send together the bill for the notice and a notarized copy of the notice (include date it is run) to the following address: Ms. Pat P. Williamson Division of Waste Management 401 Oberlin Road, Suite 150 Raleigh, North Carolina 27605 If you have any questions about the legal notice or the billing, please contact me at telephone 919-733-4996, ext. 337; or FAX 919-715-3605. Thank you for your help. Sincerely, Pat P. Williamson Public Information Officer PPW Attachment 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER PUBLIC NOTICE North Carolina Department of Environment and Natural Resources Division of Waste Management Notice of public comment period on Draft Permit No. 60-18 to construct Phase 1 of the Mecklenburg County Landfill, a municipal solid waste landfill facility (MSWLF), located on US Highway 521 south of Charlotte, North Carolina, pursuant to 15A NCAC 13B .1600 of the Solid Waste Management Rules, is hereby given. North Carolina Solid Waste Management Rules require that the public be given a 45-day period to comment on the draft permit as prepared by the NC Division of Waste Management. This 45-day period will begin April 9, 1998, and end at 5 PM on May 25, 1998. Persons wishing to comment on this permit or the proposed permit conditions should submit their comments in writing to the division contact listed below. All data submitted by the applicant is available as part of the administrative record and may be viewed during business hours (9 AM - 4 PM, M-F, by appointment) at the Division of Waste Management, 401 Oberlin Road, Suite 150, Raleigh, NC. A public hearing has been scheduled for Wednesday, April 29, 1998, 7 PM, in the Charlotte - Mecklenburg Government Center Meeting Chamber, 600 E. Fourth Street, Charlotte, NC 28202. Interested parties may present oral or written statements and data concerning the draft permit and proposed permit conditions. • The MSWLF facility is owned by Mecklenburg County. The facility, which is accessed via US Highway 521, south of Charlotte, NC, encompasses a total of 565 acres. Approximately 205 acres of the site will be developed as landfill units yielding a total capacity of 14 million cubic yards. The facility will be developed in five-year increments. The first five-year development area, Phase 1, encompasses about 45 acres and has a disposal capacity of 2.4 million cubic yards of solid waste. This corresponds to an approximate disposal rate of 401,000 tons of waste per year, or an approximate daily average of 1,340 tons per day, based on 300 operating days per year. This permit approves both the overall facility plan and the specific construction of Phase 1. A fact sheet, copy of the draft permit, and rules for the public hearing may be obtained from the division contact. Written comments must include the permit number and should be directed to the division contact. Persons wishing to receive notice of a final permit decision may register with the contact. Address all comments, questions, or requests to the division contact: Sherri Coghill NC Solid Waste Section ... PO Box 29603 Raleigh, NC 27611-9603 is(919) 733-0692, ext. 259 FAX (919) 733-4810 Thar' Sh�n� TA* Y714 PwY7 V uto swnt t.. uo.a, xc 28173 is lr1 rekra)Ce +D ?efmt• 6o-IS com Cons Gt�on 0��`� have two �una�u �;G,((�m a5RSOf c4�r�F ass -f�n�� erM� • w� v�� l VO4E�— _ CCD `l� scncer.�r ►�� -dam I�� d r; 1 ` NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT April 7, 1998 The Enquirer -Journal Classified/Legal Advertising Section Attention: Elaine or Linda PO Box 5040 Monroe, NC 28111 FAX: 704-289-2929 Dear Elaine or Linda: a, Please publish the following legal notice in the April 9, 1998 edition of The Enquirer- Journal. To ensure payment, send together the bill for the notice and a notarized copy of the notice (include date it is run) to the following address: Ms. Pat P. Williamson Division of Waste Management 401 Oberlin Road, Suite 150 Raleigh, North Carolina 27605 If you have any questions about the legal notice or the billing, please contact me at telephone 919-733-4996, ext. 337; or FAX 919-715-3605. Thank you for your help. Sincerely, & VVXO& a � Pat P. Williamson Public Information Officer PPW Attachment 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER cr-* NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT March 23, 1998 Mr. Cary Saul Mecklenburg County Engineering and Building Standards Dept. 700 North Tryon Street Charlotte, North Carolina 28202 Re: Permit to Construct Application Proposed US Highway 521 Landfill Mecklenburg County Dear Mr. Saul: The Solid Waste Section has completed a review of the response to comments submitted on behalf of Mecklenburg county by S&ME on March 12, 1998. Based on this review, the Section requests the following information. 1. Page five of the facility plan indicates expected variances to monthly tonnages due to fluctuations or unanticipated waste from adjacent counties. Please confirm that "adjacent counties" means only Union County, North Carolina and Lancaster County, South Carolina. 2. Waste load figures on page five of the facililty plan are not consistent with those used in Section 7.1, Phase 1 Volume Calculations. Please correct discrepancy. 3. Please specify cap geomembrane and provide material, construction and CQA specifications. 4. Provide more detailed specifications for gas system. 5. CQA and technical specifications for cap soli liner are not consistent in regards to frequency of moisture and density testiing. Also, technical specifications still indicate testing on every other lift when testing on each lift is required. Please correct discrepancy. 6. Please modify permeability specifications for base and cap soil liners in technical and CQA specifications to indicate at least two significant figures, 1.0 x 10(-7) cm/s rather than 1 x 10(-7) cm/s for the base soil liner, and 1.0 x 10(-5) cm/s rather than 1 x 10(-5) cm/s for the cap soil liner. 7. Please provide letter from Land Quality Section approving sedimentation and erosion control plan. 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER r Mr. Saul March 23, 1998 Page 2 If you have any questions or comments regarding this correspondence, please contact me at (919) 733-0692, ext. 259. cc: David Morton, Mecklenburg County Chris Stahl, S&ME Julian Foscue Tim Jewett Rick Doby Sincerely, C Sherri L. Coghill Environmetal Engineer Solid Waste Section U • Mhe (charlotte Observer P.O. Box 32188 Charlotte,,`l.C. 28232-2188 1 04/12/98 20076832 04/06/98 - 04/12/98 DIVISION OF SOLID WASTE ME M- 391.50 1344209 DUE UPON RECEIPT MS. PAT P. WILLIAMSON DIVISION OF SOLID WASTE 401 OBERLIN RD STE 150 RALEIGH NC 27605 000134420900000391504 THE CHARLOTTE OBSERVER-T P. 0. BOX 70111 CHARLOTTE, NC 28272-0111 of cecF nFTecW eN[] RETURN UPPER PORTION WITH YOUR REMITTANCE PUBLICATION: THE CHARLOTTE OBSERVER.- FULL RUN 04/09 2642538 PHASE 1 OF THE MECKL 2x45L 391.50 04/09 PO #LEGAL AD 90L 4.3 P WILLIAMSON PAGE: 05150 Publication Totals: $391 50 (PLEASE CALL (704) 358-5686 IF YOU HAVE ANY QUESTIONS 391.50 [ORNP Ts imveieE. THAN-R. 1344209 04/06/98 - 04/12/98 20076832 1 DIVISION OF SOLID W (rhe (charlotte Observer P.O. Box 32188 Charlotte, N.C. 28232-2188 The Knight Publishing Co., Inc. Charlotte, NC North Carolina } ss Affidavit of Publication • Mecklenburg County} THE CHARLOTTE OBSERVER --------------------------------------------------+--------------------------- MS. PAT P. WILLIAMSON DIVISION OF SOLID WASTE 401 OBERLIN RD STE 150 RALEIGH NC 27605 REFERENCE: 20076832 LEGAL AD 2642538 PHASE 1 OF THE MECKL Before the undersigned, a Notary Public of said County and State, duly authorized to administer oaths affirmations, etc., personally appeared, being duly sworn or affirmed according to law, doth depose and say that he/she is a representative of the Knight Publishing Company a corporation organized and doing business under the laws of the State of Delaware, and publishing a newspaper known as The Charlotte Observer in the city of Charlotte, County of Mecklenburg and State of North Carolina and that as such he/she is familiar with the books, records, files and • business of said Corporation and by reference to the files of said publication the attached advertisement was inserted. The following is correctly copied from the books and files of the aforesaid Corporation and Publication. 0 PUBLISHED ON: 04/09 PUBLIC NOTICE North Carolina Department of Environment and Natural Resources Division of Waste Management Notice of public comment period on Draft Permit No. 60-18 to construct Phase 1 of the Mecklenburg County Landfill, a municipal solid waste landfill facility (MSWLF)located on US Highway 521 south of Charlotte. North Caro- lina. pursuant 6 15A NCAC 13B .1600 of the Solid Waste Management Rules. is hereby given. North Carolina period to Waste Man on the draft perm- ement Rules re- quire that the public be given a 45-day as prepared by the N.C. Division of Waste Management. This 45-day period will begin April 9. 1998. and and at 5 PM on May 25. 1998. Persons wishing to comment on this permit or the prosed permit conditions should submit their comments in writing to the division contact listed below. All data submit - led by the applicant is available as part of the administrative record tearid t me be viewed during business hours (9 AM - 4 PM. M-F, by appo Division of Waste Management, 401 Oberlin Road, Suite 150. Raleigh, nt)NC. A Public hearing has been scheduled for Wednesday. April 29, 1998. 7 PM, in the Charlotte -Mecklenburg Government Center Meeting Chamber. 600 E. oral or Fourth Street. Charlotte. NC 26202. Interested parties may present written statements and data concerning the draft perm- and Proposed permit conditions. Cot�rtq The MSWLF facility is owned by Mecklenburg t4C. The facility, which is accessed via US Highway 521. south of Charlotte. NC mDas a total of 565 acres. Approximately 205 acres of the site will be developed as landfill units yielding a total capacity of 14 million cubic yards. The facility will be de- veloped m five-year increments. The first five-year deve.W enoarea, 2.4 million 1, encompasses about 45 acres and has a disposal capacity f sat rate cubic yards of solid waste. This corresponds to an approximatedisposal e of 1,340 tons pe rday. based 0 tons of on 3000 Oe per Perati 9 ay .0er Thian approximate s p@m approves both the overall facility plan and the specific corxitruction of Phase 1. A fact sheet, copy of the draft perm-, and rules for the public hearing may be obtained from the division contact. Written comments must include the per- mit number and should be directed to the division contacL Persons washing to receive notice of a final permit decision may register with the contact. Address all comments, questions, or requests 10 the division contact' Sherri Coghill NC Solid Waste Section PO Box 29603 Raleigh, NC 27611.9603 FAX (91.)733-4610 9 AD SPACE: 90 LINE FILED ON: 04/1 98 NAME:--=--- --_- ------ ill -- ---------LE:------#ix ----- DATE: In Testimony Whereof I have hereunto set my hand d a y seal, the day and y r aforesaid. Notary: 7(ay�_sio__ My Commission Expires : i/�/2cQ�3 4 �'- NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT April 7, 1998 Y7 The Charlotte Observer Classified/Legal Advertising Section Attention: Ann Long PO Box 32188 Charlotte, NC 28232 FAX: 704-358-5340 Dear Ann: Please publish the following legal notice in the April 9, 1998 edition of The Charlotte Observer. To ensure payment, send together the bill for the notice and a notarized copy of the notice (include date it is run) to the following address: Ms. Pat P. Williamson Division of Waste Management 401 Oberlin Road, Suite 150 Raleigh, North Carolina 27605 If you have any questions about the legal notice or the billing, please contact me at telephone 919-733-4996, ext. 337; or FAX 919-715-3605. Thank you for your help. Sincerely, Pat P. Williamson Public Information Officer PPW Attachment 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER LETTER OF TRANSMITTAL SWE, Inc. 9751 Southern Pine Blvd. (28273) O.Box 7668 rlotte, NC 28241-7668 04) 523-4726 Fox (704) 525-3953 W'IDENQ % 'VWT1 v,E ENVIRONMENTAL SERVICES ENGINEERING • TESTING 4©1 ob ezL\N 1;2c*z> 4S- %S o 2v%uE,t (-�-t N L 2-7 4005 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Copy of letter ❑ Prints ❑ Plans ❑ Report ❑ DATE vtoag JOB NO. ATTENTION S �QQ t Cc:> � VL RE: the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION 3 47, THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested `i For review and comment ❑ ❑ FOR BIDS DUE REMARKS #PY TO SWE SFG-002 (REV. 5/93) tint, 94 �icGOtved � solid Was+° suz 19 ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED: IF ENCLOSURES ARE NOT AS NOTED, PLEAS NO US AT ONCE. This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from S&ME, Inc., which is confidential and legally privileged. The information is intended only for the use of the individual or entity named on this Letter of Transmittal. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on these documents is strictly prohibited. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT February 24, 1998 Mr. Cary Saul Mecklenburg County Engineering and Building Standards Dept. 700 North Tryon Street Charlotte, North Carolina 28202 Re: Permit to Construct Application Proposed US Highway 521 Landfill Mecklenburg County Dear Mr. Saul: The Solid Waste Section has completed a technical review of the revised construction plan application. Based on this review, the Section requests the following information. Facility Plan 1. Provide a revised Drawing FP-3 which is consistent with the most recent grading plan shown on EP-2. 2. Revise Drawing FP-2 or provide an additional drawing which identifies entire 500-foot buffer area from landfill cells. Update location of homes/drinking water wells on drawing. 3. Adjust schedule for completion of construction and schedule for receipt of waste from Counties within service area. Engineering Plan Technical SDecs. CQA Plan 4. Construction schedule in Section 1.1 should be revised. Check and adjust as necessary the predicted annual waste acceptance rates that are based on this schedule. Check and adjust as necessary the life calculations for Phase 1 which are based on these rates. 5. Section 8.3.3 of Technical Specifications indicates a recompacted subgrade for the GCL alternative. Please provide material, construction and CQA specifications for this subgrade layer. 6. HELP model input does not indicate a layer between waste and GCL while specifications do. Please correct discrepancy and provide updated HELP model results if necessary. 7. Final cap cross-section at beginning of HELP model data indicates that the compacted soil component has a permeability of 2 x 10-1 cm/s. Specifications indicate a minimum of 1.0 x 10'S cm/s. Please correct discrepancy and ensure that correct value was used in HELP model. 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Mr. Saul • February 24, 1998 Page 2 8. In Section 6.1.1 of CQA Plan, please provide minimum thickness and permeability requirements for cap soil liner test pad. 9. Detailed technical and CQA specifications for cap soil liner or GCL and cap geomembrane, final cover soil, drainage system and gas system must be provided in this construction plan application and not at a later date. Please provide. 10. A survey is suggested for verifying minimum 18-inch thickness of compacted soil component of cap as well as verifying thickness of vegetative cover. Please revise CQA specifications. 11. Each lift must be evaluated for moisture and density as required in Rule .1624(b)(8)(C)(ii). Please revise Section 6.1.5 of COA Plan. 12. Provide stability analyses of alternative cap design. 13. "Phase I Volume Calculations" indicates a gross airspace of 2,900,000 cubic yards and a daily soil cover estimate as 290,000 cy. "Estimated borrow soil requirements" uses a gross airspace of 2, 710,400 cy to calculate a daily soil requirement of 271,040cy. Please correct discrepancy. Also, "Estimated borrow soil requirements" identifies last two cells as Phases III and IV rather than Phase 3, Cells 1 and 2 as identified on drawings and text. Please correct. 14. Cross -sections were provided with global stability analysis. Please revise so that layers are more clearly labeled. 15. Evaluate global stability of landfill utilizing alternative cap design. • 16. 17. Ensure consistency of friction angles used in stress/stability analyses. Rule .1680(c)(2) addresses design requirements for secondary containment systems. Proposed tanks are interconnected, but design calculations indicate that secondary containment will be designed to contain 110% of the volume of only one tank rather than both. Please revise to meet requirements. Also, text indicates that the second tank is to be used for secondary containment. Please explain or delete. 18. Address Rule .1680(c)(3) regarding removal of stormwater from the secondary containment area. 19. Address Rule .1680(c)(4) regarding requirements for overfill protection controls. 20. Address Rule .1680(c)(5) regarding tank inspection requirements. 21. Final contours indicated on phasing diagrams are not consistent with those presented on facility plan and engineering plan drawings. Please correct discrepancy. 22. Provide description of service area in Section 1.5. 23. Operation plan text does not make clear that Mecklenburg County will be responsible for determining that any industrial waste accepted at the facility is not a hazardous waste. Please add general waste determination procedures to be followed by the facility. 24. Rule .1626(6)(f) requires that signs be posted stating that no hazardous or liquid waste can be received. Please revise text of Section 2.4 Landfill Signs to meet the exact requirements of this rule. ! � y Mr. Saul • February 24, 1998. Page 3 Closure Plan, Post -Closure Plan 25. Section 1.0 of text refers to a maximum elevation of 762 ft. consistent with 14 Phasing Diagrams. As mentioned previously, final contour drawings are not consistent throughout application with phasing diagrams indicating a maximum elevation of 762 ft. while facility and engineering plan drawings indicate a maximum elevation of 746 ft. Please correct discrepancy in drawings and make appropriate text changes. 26. Provide cost estimate for closure utilizing alternative cap design. 27. Costs for semi-annual water quality monitoring of surface water sampling points are not included in post -closure cost estimate. Please revise. Please contact me at (919) 733-0692, ext. 259, if you have any questions regarding these comments. C] cc: David Morton, Mecklenburg County Chris Stahl, S&ME Julian Foscue Rick Doby Tim Jewett 0 Sincerely, Sherri L. Coghill Environmental Engineer Solid Waste Section 02/05/98 02:46 COMMISSIONER MGRS OFFICE 4 4314 February 2, 1999 Commissioner Parks Helms • Mecklenburg County Board of County Commissioners 600 East Fourth St. P. O. Box 31787 Charlotte, NC 28231 Dear Commissioner Helms: 1 I'm sorry it's taken so long to respond to your November 24 letter, but we have been very busy at Sea -Land Service with our year end close and other matters, that I just have not had the time. Although I completely understand you position and commitment to goals established by the Board of County Commissioners my problem is that I am not sure what that means in the long run for the residents of Mecklenburg County as it relates to the 521 Landfill. There is not doubt that. you and others are still searching for the best solution that will in fact benefit the entire community, and I realize that is a very high priority for you and the other Commissioners. As you know I have worked very hard and put in a lot of time understanding the situation and I suppose like so many others who find themselves fighting "City" hall feels the frustration and disappointment of being out there alone. The "hostile political" atmosphere here in Mecklenburg is well documented and when I addressed t:he Commissioners that Wednesday night on the issue of Landfills in R-3, I felt the target of some. of that. I was naive to believe that I could avoid it, but was place in the muddle by the Commissioner who represents the 6th district; I will not let that • happen again. Although I appreciate your request to provide what ever information I have to Mr, Fox, I believe that this would not be wise and only involve me again in the politics. With the Construction Permit about ready to be approved and according to Ms. Sherri Coghill of the DEHN, all approved permits have resulted in a landfill, I don't feel there is much time left to get my information out to the Mecklenburg residents. I will be meeting with a few writers from the Charlotte Observer to present what I have to them and let them decide if there is a good story. The County Commissioners by accepting the statement from Mr. Fox that the County has invested too much to consider stopping the landfill, and the commissioners voting (based on that comment) to not have any public debate on the matter, leads me to conclude that unless there is a last minute low bid from some private firm, that the landfill is going in as planned. I hope this is not true, and that there is still the possibility of negotiations with the private firms to come up with a lower bid, but I have a lot of residents counting on me and I need to respond in the best way possible. Thank you for the respect you have always given me and I hope that what ever the outcome, Mecklenburg County and it's residents are the winners. PosOrm Fax Note 7671 A Sincerely, �,► r t 'Idseph Fazzan 6402 Frescoe Ct. 'Charlotte, NC 28277 Home 341.0502 Office 571-2240 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT January 28, 1998 MEMORANDUM To: Sherri Coghill, Environmental Engineer From: Cheryl Marks RE: Hydrogeologic Technical Review of the Proposed Mecklenburg County -- Highway 521 Municipal Solid Waste Landfill Design Study. The hydrogeologic review has been completed for the Highway 521 Landfill Site Design Application. Responses to comments and questions have been addressed satisfactorily. 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919-733-4996 FAX 919-715-3605 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER $ d:'. ... o. .. • • EXHIBIT I I• Exhibit I is Section .1622 Location Restrictions for MSWLF Facility Siting Major points raised during the Public Hearing: 1. Section .1622(3)(a)(i): Division of Waste Management's own rules state, "...the presumption that a practicable alternative to the proposed landfill facility is available which does not involve wetlands is clearly rebutted. 2. Facts presented to Division of Waste Management included: • The Applicant, Mecklenburg County, presently has a contract with BFI for their waste and will continue to use the Charlotte Motor Speedway landfill until July 2001. Therefore, the applicant clearly has a "practicable alternative." • Union County's agreement with Uwharrie Environmental Inc. will automatically extend for another three (3) years if the Mecklenburg County 521 Landfill is not ready by January 1, 1999. Based on this clause and the fact the landfill will not be built by that date, then Union County also has a "practicable alternative." • Law engineer's letter to Division of Waste Management, dated May 22, 1996, noting involvement of wetlands and incorrect interpretation of what acceptable alternative is as written on page 8. Conclusion: Division of Waste Management has no choice but to deny Mecklenburg County a final construction permit. The Applicant clearly cannot demonstrate they have no alternative but to build a landfill which involves wetland. Supporting documents include: • Letter to Division of Waste Management, dated December 19, 1997. • Copy of Union County's agreement with Uwharrie regarding Section 7 Termination. 0 M: IJA �1461: ill plan. (3) Sampling strategies. A description of all sampling protocols, sample size, methods for determining sample locations and frequency of sampling must be presented in the CQA = plan. (4) Documentation. Reporting requirements for CQA activities must be described in detail in the CQA plan. Progress and troubleshooting meetings, daily and monthly, must be addressed in the plan and the contents of the meetings must be documented. History Note: Statutory Authority G. S. 130A-294; Ef`.' October 9, 1993. .1622 LOCATION RESTRICTIONS FOR MSWLF FACILITY SITING MSWLF units shall comply with the siting criteria set forth in this Rule. In order to demonstrate compliance with specific criteria, documentation or approval by agencies other than the Division of Solid Waste Management may be required. The scope of demonstrations including design and construction performance shall be discussed in a site study and completed in the permit application. (1) Airport Safety. (a) A new MSWLF unit shall be located no closer than 5,000 feet from any airport runway used only by piston -powered aircraft and no closer than 10,000 feet from any runway used by turbine -powered aircraft. (b) Owners or operators proposing to site a new MSWLF unit or lateral expansion within a five -mile radius of any airport runway used by turbine -powered or piston -powered aircraft shall notify the affected airport and the Federal Aviation Administration prior to submitting a permit application to the Division. (c) The permittee of any existing MSWLF unit or a lateral expansion located within 5,000 feet from any airport runway used by only piston -powered aircraft or within 10,000 feet from any runway used by turbine -powered aircraft shall demonstrate that the existing MSWLF unit does not pose a bird hazard to aircraft. The owner or operator shall place the demonstration in the operating record and notify the Division that it has been placed in the operating record. (d) For purposes of this Paragraph: (i) Airport means a public -use airport open to the public without prior permission and without restrictions within the physical capacities of the available facilities. (ii) Bird hazard means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants. (2) Floodplains. (a) New MSWLF units, existing MSWLF units, and lateral expansions shall not be located in 100-year floodplains unless the owners or operators demonstrate that the unit will not restrict the flow of the 100-year 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. (b) For purposes of this Paragraph: (i) "Floodplain" means the lowland and relatively flat areas adjoining inland and coastal waters, including flood -prone areas of offshore islands, that are inundated by the 100-year flood. (ii) "100-year flood" means a flood that has a 1-percent or greater chance of recurring in any given year or a flood of a magnitude equalled or -exceeded once in 100 years on Page 99 Prvrcln ti' OF K' 1 STE MA VA r.EjVFr �.7. �l '�9/97 T15A: 13B .1608 the average over a significantly long period. Oil) "Washout" means the carrying away of solid waste by waters of the base flood. • (a) New MSWLF units and lateral expansions shall not be located in wetlands, unless the owner or operator can make the following demonstrations to the Division: (i) Where applicable under.Section,404-of�the�,Cie a%rryT i�,-1pplica1jte�tS to wetlatids'laws the.presumption that a practicab� rnative"to'the,proposed ian facility is available which does not involve wetlands is clearly rebutted'.— (ii) Tfie construction and operation of the MSWLF unit will not: (A) Cause or contribute to violations of any applicable State water quality standard; (B) Violate any applicable toxic effluent standard or prohibition under Section 307 of the Clean Water Act; (C) 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; and (D) Violate any requirement under the Marine Protection, Research, and Sanctuaries Act of 1972 for the protection of a marine sanctuary. (iii) The MSWLF unit will not cause or contribute to significant degradation of wetlands. The owner or operator shall demonstrate the integrity of the MSWLF unit and its ability to protect ecological resources by addressing the following factors: (A) Erosion, stability, and migration potential of native wetland soils, muds and deposits used to support the MSWLF unit; (B) Erosion, stability, and migration potential of dredged and fill materials used to support the MSWLF unit; (C) The volume and chemical nature of the waste managed in the MSWLF unit; (D) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste; (E) The potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment; and (F) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected. (iv) To the extent required under Section 404 of the Clean Water Act or applicable State wetlands laws, 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 Subitem (3)(a)(i) of this Rule, then minimizing unavoidabie 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); and (v) Sufficient information is available to make a reasonable determination with respect to these demonstrations. (b) For purposes of this Item, wetlands means those areas that are defined in 40 CFR 232.2(r). (4) Fault Areas. (a) New MSWLF units and lateral expansions shall not be located within 200 feet (60 meters) of a fault that has had displacement in Holocene time unless the owner or operator demonstrates to the Division that an alternative setback distance of less than 200 feet (60 meters) will prevent damage to the structural integrity of the MSWLF unit • Page 100 GROUP RESPONSIBLE FOR A CLEAN ENVIRONMENT 9819 CHESTNUT ROAD - WAXHAW, NC 28173 (704) 843-4400 January 20, 1998 �1�g19202�? State of North Carolina DENR Division of Waste Management P �/ P.O. Box 27687 Raleigh, North Carolina 27611-7687 Attention: Ms. Sherri L. Coghill Subject: Application for Permit to Construct Highway 521 Landfill, Mecklenburg County, NC Dear Ms. Coghill: Last week when I spoke to you regarding my December 19th letter on the proposed US Highway 521 Landfill, I was very disappointed to learn that you had not yet read the full document. If you had read the letter you would have understood that there are serious issues raised that require immediate attention by your department before proceeding with approval of the Construction application. Since writing that letter on December 19, 1997, additional events have occurred in Mecklenburg County which directly impact this issue. As a follow-up to GRACE's concern about the location of Elon Homes to the proposed site and our belief that DENR should revisit the status of Elon as a school, I've enclosed an article from the Charlotte Observer (Exhibit I) on this subject. Although the State Board of Education has only given "preliminary" approval, it appears that Elon will receive final approval at the March meeting. DENR should follow up on this to determine the impact this will have on the application considering it could result in an increase in the number of children at the location. Another article in Sunday's Charlotte Observer (Exhibit II) is very appropriate regarding continuing development and possible re -zoning in the proposed landfill area. In my December 19, 1997 letter, it was noted that this site is the fastest growing area in Mecklenburg County and this article supports that position. It's important that DENR understand how close these proposed new developments are to the site, and can do so by looking at Diagram 2.2 (Two -Mile Perimeter Map) as prepared by Law Engineering for the Site application. The proposed 600 new homes would be located on Marvin Road and Wade Ardrey Road, while the 140 Weiland homes would State of North Carolina DENR January 20, 1998 Page 2 be on US 521 and Ardrey-Kell Road. It should be noted that Pulte and Ryland developers have already built homes on US 521 and Marvin Road as well as Marvin Road and Ardrey Road. This is significant since none of these developments appear on any diagrams or are even mentioned in either the Site or Construction applications. The large number of homes being built and under consideration will have a tremendous impact on storm -water run-off, health issues and the ability of CMUD to handle both the waste water for all these new homes and the estimated 25,000-50,000 gallons a day of leachate from the landfill. Since the Construction application is still being reviewed by your department, these issues should be resolved now. To illustrate how the above will impact the applications, I've enclosed Section 3 of the Site application - Local Characterization Study (Exhibit III). This section has changed substantially as noted below: • Section 3.3 - Residences and Schools: "There are no schools designated as such within 2,000 feet of the landfill property." This will change. • Section 3.3: "There are about 80 residences within the 2000 feet perimeter." Again, this has already changed and it will continue to increase to probably 1,000 residences. It is obvious that Mecklenburg County believes it can continue to have residential growth in the same area it wants to build a landfill. These recent developments have a significant impact on the Construction application currently under review. In light of my December 19, 1997 letter and these new issues, DENR must delay approval of the Construction application until these new developments can be reviewed and their impact clearly determined. We look forward to your prompt response on this. Very truly yours, 4irse . F ctor of Research Office (704) 571-2240 JPF/ek Enclosures cc: Ms. P. Beck, GRACE 9819 Chestnut Road Waxhaw, NC 28173 State of North Carolina DENR January 20, 1998 Page 3 cc: (con't) J. Conner & Associates Old Durham Library Office Blvd. 311 E. Main Street Durham, NC 27701 D. Morton Mecklenburg County Engineers and Building Standards Dept. 700 N. Tryon Street Charlotte, NC 28202 Blue Ridge Environmental Defense League P.O. Box 88 Glendale Springs, NC 28629 Fountain Odom For Senate 1110 S. Tryon Charlotte, NC 28203 T. Bush, Chairman Mecklenburg County Commission B. James, District 6 Mecklenburg County Commission Mr. Wayne McDevitt Secretary, DENR 512 North Salisbury Raleigh, NC 27604 .4C THURSDAY, JANUARY 15, 1998 THE CHARLOTTE OBSERVER area charte r sc oo s veinN.C. approval 3 . Associated Press RALEIGH — The State Board of Education gave preliminary ap- proval Wednesday to 21 new char- ter schools in North Carolina, in- cluding two in Mecklenburg County and one in Iredell County. Final action on the applications for the new schools is expected at the board's March meeting. The 21 would join 34 charter schools al- ready operating. At least 14 other applications are under review. On Tuesday night, the Charlotte - Mecklenburg school board ap- proved two applications to be sent to the state board for consider- ation. The Kennedy Charter Public School would convert Mon Homes for Children's Kennedy campus near Pineville into a charter school for troubled teens. And the Ubera-, tion Preparatory Academy would serve fourth- through eighth -grad- ers and focus on language skills. The two Mecklenburg schools that won preliminary state board approval were the Lake Norman Charter School and the Charlotte Advantage Charter School. Lake Norman Charter would serve students from Mecklenburg and Iredell counties. Advantage Charter would be run by a partner- ship that includes former Charlotte Mayor Richard Vmroot and Ad- vantage Schools hic., a national education management provider. The Iredell County school ap- proved Wednesday was American Renaissance Charter School, a kin- dergarten through fifth -grade school for 112 students. governing traditional schools. Advantage Charter would open Wednesdays decision follows a in 1999; the others likely would recommendation last week from open in 1998. the Charter Schools Advisory The General Assembly seta cap of 100 on the number of charter schools it would allow under its 1996 authorizing legislation. The schools are publicly financed but free from many of the regulations Committee to approve the applica- tions. Staff water Celeste Smith contrib- uted to this article- H NEIGHBORS bounty OK sought for home development By ANNA GRIFFIN runoff in the surrounding area — Staff Writer especially at the landfill planned One of the nation's largest home for construction off U.S. 521. builders wants to put more than".* Commissioners will vote on the 600 new houses off Marvin Road — e4z9ning Feb. 10. much to the chagrin of southern in other action Mecklenburg residents who say they've already been stuck with a planned sanitary landfill. Centex Homes wants to build 425 single-family houses and 200 multifamily units on 157 acres at the northeast corner of Marvin Road and Wade Ardrey Road. On Tuesday, they asked the Mecklenburg Board of County Commissioners to OK the project — and rezone the land from R-3, single-family that allows three homes per acre, to MX-2, a mixed - use district that allows more dense development. "This area is obviously grow- ing," said planning consultant Bob Young, who represents Centex Homes. "There is clearly a need for additional housing, and there is a need for a variety of housing types. This would be a single-family com- munity that also owns for -sale multifamily.,' All told, the new development would have 4.09 houses per acre. That's lower than many other mixed -use developments popping up in southern Mecklenburg. But it's not low enough, some residents say. They worry about the impact the Project could have on storm -water Also Tuesday, county commis- sioners approved plans for a new apartment complex in southern Mecklenburg County. The 6-2 vote came despite the opposition of Bill James, who rep- resents the area that includes the land in question. Tom Bush also opposed the change from R-3, zon- ing that allows three houses per acre, to R-8, a district that allows multifamily construction of up to eight units per acre. "I'm concerned about the in- crease in density," James said. "I'm worried that this is too much for that area." John Weiland Homes plans to build 140 units on 24.4 acres on U.S. 521 at Ardrey-Kell Road. Reach Anna Griffi�in at (704) 358-5076or triffar@cbarlotte.cos . • * * * SUNDAY. JANUARY 18, 1998 turday, January 24th, 12:00 Noon till 9:00 PM ThE PEACEFUL DRAC10 TEA HOUSE ANd CU17-UR4/ CENTS MCMUI[EN CREEk Mkr., 8324 PiNEvilk,MarrNEws ?the (charlotte Observer WHERE SMART SHOPPERS START I �7 X x H W H H H H Hiahwtty 521 Landfill - site study Revision 3EXHIBIT III L4;V Project 56-8577-01 July 11, 1996 3. LOCAL CHARACTERIZATION STUDY The proposed U.S. Highway 521 Landfill and an area within approximately a 2,000-ft perimeter of the property boundary are illustrated on Figure 3.1, a topographic map, and on Figure 3.2, an aerial photograph made on February 23, 1995. The scale of both figures is approximately one inch equals 400 feet. 3.1 PROPERTY DESCRIPTION The entire U.S. Highway 521 Landfill property consists of about 565 acres and is described on a boundary plat prepared by Lucas -Forman Incorporated (Matthew J. Lucas, N.C.R.L.S.). The boundary plat is attached as Appendix A. The northeastern boundary of the landfill property is along S.R. 3635 (Marvin Road). U.S. Highway 521 and a short portion of Ardrey Kell Road (S.R. 3632) mark the northwestern boundary. The southeastern boundary is Sixmile Creek and Union County, North Carolina, and the southwestern boundary is Lancaster County, South Carolina. 3.2 LAND USE AND ZONING The U.S. Highway 521 Landfill is located in a rural part of Mecklenburg County. Land use in surrounding areas is primarily residential. Much of the area remains wooded. Most of the residential development has occurred in subdivisions developed within areas that previously were agricultural. All of the property within and well beyond a 2000-foot perimeter from the property boundaries in Mecklenburg County is zoned "R-3", except a part of the Elon Homes for Children. The R-3 designation, as described in county zoning documents, is categorized as "Residential Single Family." Permitted uses within R-3 zoning include sanitary landfills. ]G7 LO 3-1 ,.a; Highway 521 Landfill - Site Study LAW Project 56-8577-01 EXHIBIT III Revision 3 July 11, 1996 Part of the property of the Elon Homes for Children was rezoned to "Institutional" in November 1995. The Institutional zoning designation was done to accommodate expansion of Elon Homes' vocational and educational facility for adolescents. The 2,000-ft study area within Union County is zone "R-40," a designation indicating residential use with a density of one residence per 40,000 square feet. The study area within Lancaster County, South Carolina is assigned the zoning designation "GDM." That designation indicates a "General Development District - Moderate Intensity," which includes residential as well as commercial, institutional and industrial uses. 3-IA EXHIBIT III Highway 521 Landfr!l -Site Study Revision 3 LAW Project 56-8577-01 July 11, 1996 3.3 RESIDENCES AND SCHOOLS There are no schools designated as such within 2,000 feet of the landfill property. The Kennedy Campus of the Elon Homes For Children is located on adjacent property. The Kennedy Campus includes an educational/training function, although the facility is not formally identified as a school. There are about 80 residences within the 2000-ft perimeter. They may be seen on the topographic map (Figure 3.1), and more readily identified on the aerial photograph (Figure 3.2). The majority of residential development is to the north of the U.S. Highway 521 Landfill, along State Routes 3626 (Providence Road West) and S.R. 3635 (Marvin Road). 3.4 COMMERCIAL/INDUSTRIAL BUILDINGS AND POTENTIAL CONTAMINATION SOURCES The only commercial building within the 2,000-ft perimeter is a veterinary clinic located about 1,500 ft west of the site. Industrial buildings are not located within the area. The only identified source of potential contamination indicated within the 2000-ft perimeter is the existing wastewater treatment plant for Elon Homes for Children, located about 200 ft north of the site boundary. The Sixmile Creek wastewater treatment plant discharges into Sixmile Creek just beyond the 2,000- foot perimeter to the northeast of the landfill. The wastewater treatment plants and the landfill are identified on Figures 2.2 and 3.1. Other potential sources of contamination are not known to exist within the 2,000-ft perimeter. Excluded are activities commonly associated with agriculture, such as use of pesticides and herbicides, and maintenance of farm equipment. No commercial farms are known to exist within the 2,000-ft perimeter. 3-2 OFFICE OF TIE ATTORNEY GENERAL DATE ITTAL SLIP I 0/ / /Z ! / Lq O �% I 1 _ M_ ' I I REF. NO. OP ROOM, BLDQ. FROM: ��� a I REF. NO. OR ROOM, BLDQ. ACTION NOTE AND FILE ❑ PER OUR CONVERSATION ❑ NOTE AND RETURN TO ME ❑ PER YOUR REQUEST ❑ RETURN WITH MORE DETAILS ❑ FOR YOUR APPROVAL ❑ NOTE AND SEE ME ABOUT THIS ❑ FOR YOUR INFORMATION ❑ PLEASE ANSWER ❑ FOR YOUR COMMENTS ❑ PREPARE REPLY FOR MY SIGNATURE ❑ SIGNATURE I -I TAKE APPROPRIATE ACTION ❑ INVESTIGATE AND REPORT COMMENTS: //��- S .o (L/✓l "D ff, U s� ¢-jam Moil: [a• �"`'�G�.s.�-t- �►-C � M'' �° � S y�+-�``�' • THOMAS C. RUFF LYN BOND, JR. JAMES O. COBB HAMLIN L. WADE MARVIN A. BETHUNE FRANCIS W. STURGES ROBERTS. ADDEN, JR. B. GARRISON BALLENGER, JR. RUFF, BOND, COBB, WADE & BETHUNE, L.L.P. ATTORNEYS AT LAW TWO FIRST UNION CENTER PAUL C. WHITLOCK SUITE 2100 878-1959 CHARLOTTE, NORTH CAROLINA 28282-8283 HENRY C. DOCKERY TELEPHONE (704) 377-1634 1887 - 1965 s T e .ten 4 • . t TELECOPIER 6 ...-' (704) 342-3308 January 11, 1999 .i NI .' t Ms. Nancy E. Scott Special Deputy Attorney General Environmental Division North Carolina Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 Fpovii-wn, ental Diviber, Re: GRACE v. N. C. Department of Environment And Natural Resources, 98EHR1167 Dear Ms. Scott: • Enclosed are a copy of the December 4, 1998 letter from Mr. Coffey to Mr. Fox, a copy of the resolution passed by the Mecklenburg County Board of Commissioners with respect to the December 4, 1998 letter, and a Certification pertaining to the Resolution. Most sincerely, James O. Cobb Enclosures cc: Mr. David Morton Project Manager Mecklenburg County Engineering Department Ll Solid Wast, 1ecfir' • MECKLENBURG COUNTY Clerk to the Board STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG I, Janice S. Paige, Clerk to the Board of County Commissioners of Mecklenburg County, DO HEREBY CERTIFY that the attached is a true and exact copy of a resolution entitled, Mecklenburg County Board of Commissioners Resolution Re Permits For U.S. 521 Landfill, • adopted by the Board of County Commissioners of Mecklenburg County, North Carolina in a meeting held January 5, 1999, recorded in full in Minute Book 38-A. Witness my hand and the official seal of said Board, this the 6th day of January, 1999. Icv (ja4ice S. Paige erk to the Board 600 East Fourth Street 9 P.O. Box 31787 0 Charlotte, North Carolina 28231 • (704) 336.2559 MECKLENBURG COUNTY BOARD OF COMMISSIONERS • RESOLUTION RE PERMITS FOR U.S. 521 LANDFILL WHEREAS, on July 24, 1998 the Solid Waste Section of the Division of Waste Management of the North Carolina Department of Environment and Natural Resources issued Mecklenburg County a permit to construct Phase I of the Highway 521 Municipal Solid Waste Landfill; and WHEREAS, for the reasons stated in that letter dated December 4, 1998 from James C. Coffey, Head of the Permitting Branch of the Solid Waste Section to Gerald G. Fox, a copy of which letter is attached to this Resolution, the Solid Waste Section would like to give public notice and provide the public with a comment period on any future draft permit to construct Phase III of the Landfill, and to hold a public hearing if sufficient public interest exists; and WHEREAS, since the Solid Waste Management Rules do not specifically provide for formal public notice and comment period and a public hearing on proposed amendments to a permit to allow construction of subsequent phases of a municipal solid waste landfill, the Solid • Waste Section has requested that the Mecklenburg County Board of Commissioners agree to allow the .Solid Waste Section to provide a formal public notice and comment period and hold a public hearing on any Phase III draft permit to construct; and WHEREAS, the Board of Commissioners has concluded that it would be in the public interest for it to agree to allow the Solid Waste Section to take such actions: now, therefore, be it RESOLVED by the Mecklenburg County Board of Commissioners that it agrees that the Solid Waste Section of the Division of Waste Management of the North Carolina Department of Environment and Natural Resources may provide a formal public notice and comment period and at its discretion hold a public hearing on any draft permit to construct Phase III of the Highway 521 Municipal Solid Waste Landfill. ADOPTED the 5th APPROVED AS TO FORM: County Attorney day of January �' a, t' A� pcc'.. Clerk to the Board 1999. (SEAL 12/09/98 02:11 COMMISSIONER MGRS OFFICE 4 704 336 3e46 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DivisioN OP wAs re MANAGEMENT December 4, 1999 Gerald G. Fox, Mecklenburg County Manager P.O. Box 31787 Charlotte, North Carolina 28231 Re: Proposal for public notice and hearing prior to issuance of permit to construct for Phase III of the Highway 521 municipal solid waste landfill. Dear Mr. Fox: On July 24, 1998, Mecklenburg County was issued a permit to construct Phase I of the Highway 521 municipal solid waste landfill. A permit to construct a municipal solid waste landfill is limited to one phase of development not to exceed approximately five years of solid waste disposal capacity, as provided by 15A NCAC .1620(c). A permit to construct approves a facility plan for the life of the municipal solid waste landfill facility and construction plans for the initial phase of landfill development. 15A NCAC .1603(a)(2). The Facility Plan for the Mecklenburg County Highway 521 municipal solid waste landfill shows three phases of development; each phase is intended to provide five years of operating capacity. A permit to construct Phase II of the landfill could not be issued until Phase I approaches capacity (five years hence), and a permit to construct Phase III could not be issued until Phase II nears capacity (ten years hence). The Facility Plan for the Highway 521 landfill currently depicts the filling of .08 acre of wetlands for the construction of cell 2 in Phase III of the landfill, which is not expected to be developed until at least ten years in the future. Although .08 acres of wetlands is currently below the regulatory threshold under the federal Clean Water Act and applicable State wetlands law, as referenced in the Solid Waste Management Rules, it is not possible to predict how the filling of wetlands will be regulated ten years from now. Moreover, if permits were determined to be necessary, permits issued by the U.S. Army Corps of Engineers and State Section 401 certifications expire within five years of issuance, and thus would not be valid for a project undertaken ten years in the future. Thus, the issues of whether the filling of .08 acres of wetlands in cell 2 of Phase III of the landfill will require a permit, whether any other areas of Phase III will require a Section 401 permit or certification, and if so, what demonstrations are necessary for a permit, may not be resolved until the permitting process for construction of Phase III of the landfill is commenced. RECID DEC 0 71998 401 OBERLIN ROAD/ SUIT[ 150, RALEIGH, INC 27605 PHONBa1D-789.496E FAX010-719-3005 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER- E0% RECVCL6e/10A PosT-CONOUMIR PAPER 12/09/98 02:11 COMMISSIONER MGRS OFFICE 4 704 336 3846 UT • Letter to Gerald G. Fox Re: Proposal for public notice and hearing on Phase III of Highway 521 Landfill December 4, 1998 Page 2 Due to the general public interest in this landfill and the fact that regulations regarding the proposed filling of wetlands may be different ten years from now, possibly even necessitating reconfiguration of cell 2 in Phase III of the landfill, the Solid Waste Section proposes to give public notice and provide a public comment period on any draft permit to construct Phase III of the landfill, and to hold a public hearing if sufficient public interest exists. Because the Solid Waste Management Rules do not specifically provide for a formal public notice and comment period and a public hearing on proposed amendments to a permit for construction of subsequent phases of a municipal solid waste landfill, the Section requests that you present this proposal to the Mecklenburg County Board of Commissioners for consideration. If the County accepts that the Section may provide a formal public notice and comment period and hold a public hearing on the Phase III draft permit to construct, please respond affirmatively in writing. Thank you for your attention to this matter. • truly yours, amen C. Coffey, Hea , Permitting Branch Solid Waste Section Division of Waste Management 0 LETTER OF TRANSMITTAL SWE, Inc. 9751 Soufhern Pine Blvd. (28273) x 7 668 8te, NC 28241-7668 t704) 523-4726 Fox (704) 525-3953 4 NCDEN k eo"E QHWW1 ENVIRONMENTAL SERVICES ENGINEERING - TESTING F. 0. 8c X 2 76 87 Ka(eiQ4 Al C 276//-7677. VVE ARE SENDING YOU 'g Attached ❑ Under separate cover via ❑ Shop drawings ❑ Copy of letter ❑ Prints ❑ Plans ❑ Report ❑ DATE ' 3.—� $ JOe N0j3T6- 6-7/ ATTENTION 11 Coe I RE: r the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION 3 �1 Pro oIt r n 114VA / Sc'�tJotiit� /Tip THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS J /1e r r r // / 1je AA Dpge0-e !J -7hc revj_r..d JrgwJ b//-i/ oT migh //YAroApo �4dor7 US �O PY TO Day d ,v I or-�o h 1 'rl ea lPh /-t4 / SIGNED: — IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE. This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from SWE, Inc., which is confidential and legally privileged. The information is intended only for the use of the individual or entity named on this Letter of Transmittal. If SWE SFG-002 you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on (REV. 5/93) these documents is strictly prohibited.