7002_PasquotankCDLF_20171012_DecisionLetter_DIN28537

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director

State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, North Carolina 27699-1646
919 707 8200

October 12, 2017

Mr. Brad Gardner, Director
Pasquotank County Solid Waste Department
State Route 1144
Elizabeth City, North Carolina 27909

Subject: Construction and Demolition Debris Landfill
Permit No. 7002-CDLF-1996, Pasquotank County C&D Landfill
Pasquotank County, DIN 28537

Dear Mr. Gardner,

Pasquotank County is expanding their construction and demolition debris landfill. It is a substantial
change which triggers a new facility permit. A new permit requires a 45-day public comment period. The
permit is usually issued within 60 days of publication when there is no substantive interest. We expect
that may be the case with this permit.

Rule 15A NCAC 13 B.0201(d)(1) states in part that an applicant shall not clear or grade land or
commence construction for a solid waste management facility or portion thereof until a permit approval to
construct has been issued.

Pasquotank has applied for a new permit and a draft permit decision to approve is in process. The agency
will proceed to public comment as soon as they can get it published in the local paper. At this time, no
public hearing has been scheduled by the agency. Should sufficient interest arise as a result of the
publication of the notice of the draft permit, one may be scheduled in the future.

In the interim the County has requested the approval to proceed with preparations for the new cell due to
the capacity limitations of the current approved operating area. This area has been adversely affected by
natural occurrences like hurricanes this season which has depleted an otherwise adequate disposal
capacity.

This is not a new facility from the perspective that solid waste disposal activities have never occurred
there, nor is the area forested or otherwise unmarred. Pasquotank County has an active permit to operate
the facility, has had the required public meetings and public approval process for the permit application
process and is likely to get a final permit unless unknown facts are brought to light during the comment
period.

Pasquotank CDLF
October 12, 2017
Page 2 of 2

In light of the facts above, the agency will not actively disapprove the requested activities to grade and
move borrow soil at the site. The county should understand that they do so at their risk. The final permit
decision has not been made, and it is possible, albeit very unlikely, that some factor could be brought to
light during the public comment period that could influence the agency’s final permit decision. The
voluntary activities undertaken during the public comment period might have to be undone.

Sincerely,

Edward F. Mussler, III, P.E., Supervisor
Permitting Branch, Solid Waste Section
Division of Waste Management, NCDEQ

ec: Shannon Aufman – SWS/RCO
John College- SWS
Drew Hammonds- SWS
Pat McDowell-