HomeMy WebLinkAbout19930818 Ver 2_Public Notice_20060922Issue Date: September 21, 2006
Comment Deadline: October 21, 2006
Corps Action ID #: SAW-2006-20191-292
The Wilmington District, Corps of Engineers (Corps) has received an application from
the Wake County Department of Environmental Services -Solid Waste Division, seeking
Department of the Army authorization to impact 6.73-acres of jurisdictional wetlands,
0.15-acre of non jurisdictional isolated wetlands, 2,561 linear feet of streams having
important aquatic functions, and 9371inear feet of streams evaluated as lacking important
aquatic functions associated with the construction of the South Wake Municipal Solid
Waste Landfill in Holly Springs, Wake County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www.saw.usace.army.mil/wetlands
Applicant: Wake County Department of Environmental Services -
Solid Waste Division
Attn: Mr. James Reynolds
Solid Waste Director
Post Office Box 550
Raleigh, North Carolina 27602
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act.
Location
The proposed location for the South Wake Municipal Solid Waste Landfill is 471-acres
of contiguous land, of which the landfill will encompass approximately 189-acres. The
site is bounded to the north by the closed Wake County Feltonsville Landfill, to the east
by Highway 55 Bypass, to the south by Little Branch Creek and undeveloped property
owned by CP&L, and to the west by developed and undeveloped property owned by
Wake County. A portion of the site falls within the limits of Holly Springs, Wake
County, North Carolina. The site contains unnamed stream channels and adjacent
wetlands which drain to Little Branch, a tributary to the Cape Fear River (Latitude and
Longitude in Decidegrees: 35.6834 N; 78.8433 W).
Existing Site Conditions
The existing site conditions for the proposed landfill consist of 5.98-acres of
jurisdictional, non-riparian herbaceous seep wetlands; 0.15-acre of isolated, non-
jurisdictional herbaceous seep wetlands; 0.72-acre of jurisdictional, headwater riparian
forested wetlands; and intermittent and perennial streams.
The wetland seeps are comprised of wool-grass (Scirpus cyperinus), soft rush (Juncus
effusus), groundsel-tree (Baccharis halimifolia), blackberry (Rubus sp.), black willow
(Salix nigra), loblolly pine (Pinus taeda), and other small saplings. The forested
headwater wetlands contain a majority of loblolly pine, willow oak (Quercus phellos),
tulip poplar (Liriodendron tulipifera), green ash (Fraxinus pennsylvanica), sphagnum
moss (Sphagnum sp.), and Christmas fern (Polystichum acrostichoides). A portion of
the uplands contain a majority of pine and hardwood mix tree species including loblolly
pine, slash pine (P. elliottii), and longleaf pine (P. palustris), White Oak (Quercus alba),
southern red oak (Q. alcate), post oak (Q. Stella), sweetgum (Liquidambar styrac~ua),
and tulip poplar. The remaining upland area is composed of early successional species
resulting from recent timbering operations.
A U.S. Army Corps of Engineers (Corps) jurisdictional determination has been
completed for the proposed site and has verified the aquatic features listed above.
Applicant's Stated Purpose
The project is to serve Wake County residents and businesses by providing disposal of
municipal solid waste. Municipalities that may utilize this proposed landfill include
Apex, Cary, Fuquay-Varina, Garner, Holly Springs, Knightdale, Morrisville, Raleigh,
Rolesville, Wake Forest, Wendell, Zebulon, as well as, the unincorporated portion of
Wake County.
Project Description
Since 1990, Wake County has planned to propose the development of this landfill
facility. The site selection process was completed in 1992 to comply with state and
federal regulations to assure that candidate sites were analyzed for economical and
environmental suitability. In October, 1993, a Corps 404 Nationwide Permit 26 was
verified for the landfill and some stormwater features were constructed. However, the
project was put on hold for further review, and the permit expired.
A series of siting criteria, established in the North Carolina Solid Waste Regulations, was
utilized by the County in the site selection process. A report demonstrating that the siting
criteria were met, as well as, demonstrating that a disposal facility that complies with
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design, construction, and operational regulations could be developed on the South Wake
site was submitted to the North Carolina Department of Environment and Natural
Resources (NCDENR) Solid Waste Section. The report was approved by NCDENR in
March 1995.
The facility is subject to review and permitting by the North Carolina Division of
Environment and Natural Resource, Solid Waste Section, as well as, the Land Quality
Section. An Application For Permit To Construct was submitted to the Solid Waste
Section in December 1996. The Permit To Construct was granted on February 18, 1999.
In 2003 an Interlocal Agreement, agreed to by every local government within Wake
County, was designed to review and evaluate viable disposal options (including disposal
in Wake County and at other disposal facilities in North Carolina and in neighboring
states) and collectively decide the best course of action to provide long-term disposal of
the community's municipal solid waste. Analysis of this review indicated that the
proposed South Wake Landfill would provide the lowest cost disposal option.
Public comments have been heard on this proposal at a NCDENR public hearing on May
16, 1998, and within a public comment period during a scheduled Wake County Board of
Commissioners meeting on May 1, 2006.
The proposed landfill would be developed in phases as required by North Carolina Solid
Waste regulations. The initial phase of the proposed construction involves a 47-acre
landfill, entrance facility, access roads, leachate storage facilities, and surface
water/erosion control structures. Further phases of the landfill would expand the
footprint, until reaching the permit limit.
The landfill consists of the following elements: structural fill for base grading and
landfill suitability; a liner system composed of natural and synthetic liners to provide a
long term barrier; a leachate collection system used to remove leachate and pump it to the
local wastewater treatment plant in Holly Springs; operational cover soil; refuse; final
cover consisting of a natural soil barrier overlain by a geomembrane; and finally a surface
water and erosion management system designed to manage sediment and erosion control.
The applicant is currently developing a compensatory mitigation package containing
possible on-site preservation of a third-order stream and associated buffers on the
northwestern portion of the property. Included within the stream buffers are isolated
bottomland hardwood forest wetlands, and wooded floodplain areas. In addition, the
applicant has proposed to utilize the North Carolina Ecosystem Enhancement Program
(NCEEP) to mitigate for unavoidable impacts to aquatic resources.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
3
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
October 13, 2006.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
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which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
In addition, any person may request, in writing, within the comment period specified in
this notice, that an additional public hearing be held to consider the application. Requests
for public hearings shall state, with particularity, the reasons for holding a public hearing.
Requests for a public hearing shall be granted, unless the District Engineer determines
that the issues raised are insubstantial or there is otherwise no valid interest to be served
by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by
the Corps of Engineers, Wilmington District, until Spm, October 21, 2006. Comments
should be submitted to Mr. Monte Matthews, Raleigh Regulatory Field Office, 6508 Falls
of Neuse Road, Suite 120, Raleigh, North Carolina, 27615.
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