20191369 Ver 1_USACE More Info Requested_20200129

Strickland, Bev
From:
Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA)
<[e-mail]>
Sent:
Wednesday, January 29, 2020 12:46 PM
To:
[e-mail]
Cc:
Thames, Kelly; Homewood, Sue
Subject:
[External] SAW-2018-00053 Gaston County Landfill Expansion (Comments)
Attachments:
SAW-2018-00053 Corps Comments.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<maiIto: [e-mail]>
See attached.
Sincerely,
David L. Shaeffer
Project Manager/Geographer
U.S. Army Corps of Engineers
Charlotte Regulatory Office
Desk: 704-510-1437
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
January 29, 2020
Regulatory Division
Action ID: SAW-2018-00053
Mr. Ray Maxwell
Gaston County Department of Public Works
Post Office Box 1578
Gastonia, North Carolina 28053
Dear Mr. Maxwell:
Please reference the application for an Individual Department of the Army Permit
submitted on your behalf on October 7, 2019 by Mrs. Kelly Thames of HDR,
Incorporated to discharge fill material into 1,881.5 linear feet of jurisdictional stream
channel and 0.40 acre of jurisdictional impoundments associated with the expansion of
Gaston County Landfill in Gaston County, North Carolina.
The project was advertised by public notice on October 23, 2019. Comments in
response to the notice were received from the National Marine Fisheries Service, the
North Carolina Wildlife Resources Commission, the North Carolina State Historic
Preservation Office, the Cherokee Nation, and an adjacent property owner. These
comments are enclosed for your information. Please provide a detailed written response
to the comments.
The information requested above is essential to the expeditious processing of the
application; please submit one consolidated response to all comments by March 28,
2020. This information is required pursuant to 33 CFR 325 Appendix B and 40 CFR
1506.5. If you do not submit this information within the given timeframe, the application
will be administratively withdrawn. Withdrawal of the application does not preclude you
from reopening the application at a later time, provided you submit the required
information.
If you have any questions regarding these matters, please contact me at
[phone] or David. L.Shaeffer(abusace.army.mil.

-2-
Sincerely,
Digitally signed by
SHAEFFER.DAVID.LEIGH.12607
\\ 50573
Date: 2020.01.29 12:40:57
-05'00'
David L. Shaeffer
Project Manager
Charlotte Field Office
Enclosures
cc (via Email):
Sue Homewood — NC Division of Water Resources ([e-mail])
Kelly Thames — HDR Inc. ([e-mail])

Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA)
From: Pace Wilber - NOAA Federal <[e-mail]>
Sent: Sunday, October 27, 2019 10:55 AM
To: Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA)
Cc: Fritz Rohde - NOAA Federal; Twyla Cheatwood - NOAA Federal
Subject: [Non-DoD Source] NMFS no staff letter for Gaston County Department of Public Works
SAW-2018-00053
Attachments: GastonCountyPublicWorks_SAW-2018-00053_NoStaffingNoEFHPresent.pdf

(Sent via Electronic Mail)
Colonel Robert J. Clark, Commander
USACE Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Dear Colonel Clark:
(UNITED STATES DEPARTMENT OF COMMERCE
National oceanic and Atmospheric Administration
F NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
8�res°* St. Petersburg, Florida 33701-5505
https:llwww.Fsheries.noaa.govlreg ionlsoutheast
October 28, 2019
NOAA's National Marine Fisheries Service (NMFS) reviewed the project described in the public
notice listed below. Based on the information in the public notice, the proposed project would
NOT occur within essential fish habitat (EFH) designated by the South Atlantic Fishery
Management Council, Mid -Atlantic Fishery Management Council, or the NMFS. Present
staffing levels preclude further analysis of the proposed work and no further action is planned.
This position is neither supportive of nor in opposition to authorization of the proposed work.
Notice No. Applicant(s) Notice Date
SAW-2018-00053 Gaston County Public Works; October 21, 2019
Gaston County Landfill
Please note these comments do not satisfy consultation responsibilities under section 7 of the
Endangered Species Act of 1973, as amended. If an activity "may effect" listed species or
critical habitat under the purview of the NMFS, please initiate consultation with the Protected
Resources Division at the letterhead address.
for
Sincerely,
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division

Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA)
From: Wallace, Nancy L CIV USARMY CESAW (US)
Sent: Monday, November 25, 2019 10:37 AM
To: Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA)
Subject: Letter Regarding Gaston County Landfill (UNCLASSIFIED)
Attachments: 20191112 Letter to DS.pdf
Classification: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED

To: David L. Shaeffer
SAW-2018-00053
Asheville Regulatory Field Office
151 Patton Avenue Room 208
Asheville NC 28801
Re: Gaston County Land Fill
November 6, 2019
After talking with you by phone on November 5th, I understand that you are looking at water
sources within the landfill. Our property is # 16 and 17 as labeled on Figure 9 and contains 100
year floodplain. A few years back we had the South Fork River to flood and water from Landfill
area backed up on our property. This is a major concern for contamination of soil.
We appreciate if this would be added to concerns for Landfill.
Carolyn and Jerry Hensley Z019
1127 Hardin Rd
Dallas NC 28034

Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA)
From: Shearin, Renee <[e-mail]>
Sent: Tuesday, November 26, 2019 4:40 PM
To: Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA)
Subject: [Non-DoD Source] SAW 2018-00053
Attachments: ER 19-3207.pdf
Our response is attached. Thank you.
Renee Shearin
State Historic Preservation Office
Division of Historical Resources
Office of Archives and History
North Carolina Department of Natural and Cultural Resources
MSC 4617, Raleigh, NC 27699
919 814 6584 office
919 807 6599 fax
[e-mail]<maiIto: [e-mail]>
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Records Law "NCGS.Ch.132" and may be disclosed to third parties by an authorized state official.

Please submit all Environmental Review projects to [e-mail]
<mailto:[e-mail]> . Only one project per email.
Allow at least 30 days for our review. We try hard to complete the reviews in fewer days, but under state and federal
regulations we have 30 days to respond.
See Blockedhttps://files.nc.gov/ncdcr/historic-preservation-office/environmental-review/Project_ Review _Checklist.pdf
<Blockedhttps://files.nc.gov/ncdcr/historic-preservation-office/environmental-review/Project_Review_Checklist.pdf>
for guidelines on submitting projectsfor environmental review.
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North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry
November 25, 2019
David L. Shaeffer
USACE Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Re: Expand Gaston County Landfill, 3155 Philadelphia Church Road, Gastonia, SAW 2018-00053,
Gaston County, ER 19-3207
Dear Mr. Schaeffer:
We have received a public notice for the above -referenced project. We have reviewed the information provided
and offer the following comments.
Much of the project area has been subjected to archaeological survey and all the recorded sites, except
31GS139, have been determined not eligible for listing in the National Register of Historic Places (NRHP).
Site 31GS139, the Friday Cemetery, was not assessed for NRHP eligibility. The design of the proposed facility
was shown avoiding the cemetery at the time of the survey in the 1980s. Current aerial imagery appears to show
the cemetery location within a wooded setting. We recommend continued avoidance of this resource. If
avoidance is not possible, then we recommend the cemetery be assessed for NRHP eligibility.
Another cemetery, associated with Fancy Hill Baptist Church, is located on property immediately adjacent to
the northwest portion of the project area. The church is located at 105 Fancy Hill Road in Dallas. We
recommend caution, if ground -disturbing activities are to take place near the cemetery.
Please note that cemeteries are protected under NC General Statutes Chapter 14-148 and 14-149 and are
afforded consideration under Chapter 65. If unmarked human skeletal remains are encountered during
construction, the provisions of North Carolina General Statute Chapter 70, Article 3 apply. Construction
activities should immediately cease, and the county medical examiner should be contacted.
If both cemeteries are to be avoided by the project, then we concur that no historic properties will be affected
and no additional archaeological investigations are warranted for the project, as currently planned.
We have determined that the project as proposed will not have an effect on any historic structures.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or
environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
kpwrRamona M. Bartos
Deputy State Historic Preservation Officer

Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA)
From: Elizabeth Toombs <[e-mail]>
Sent: Wednesday, November 20, 2019 12:29 PM
To: Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA)
Subject: [Non-DoD Source] FW: US Army Corps of Engineers Wilmington District Public Notice
(UNCLASSIFIED)
Attachments: 112019 USACE COR SAW-2018-00053 Gaston County Public Works.pdf
Good Morning, Mr. Schaeffer:
Attached is Cherokee Nation's response to the proposed undertaking. Please let me know if there are any questions or
concerns.
Wado,
Elizabeth Toombs, Tribal Historic Preservation Officer
Cherokee Nation
Tribal Historic Preservation Office
PO Box 948
Tahlequah, OK 74465-0948
918.453.5389
From: Wallace, Nancy L CIV USARMY CESAW (US) <[e-mail]>
Sent: Wednesday, October 23, 2019 7:18 AM
Subject: <EXTERNAL> US Army Corps of Engineers Wilmington District Public Notice (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued
a Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home
Page. Each Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download at
Blockedhttp://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Public-Notices/

As with anything you download from the internet, be sure to check for viruses prior to opening. The current notice
involves:
Corps Action ID#: SAW-2018-00053
Issue Date: October 23, 2019
Applicant: Gaston County Public Works
Expiration Date: 5:00 p.m., November 21, 2019
Point of Contact: David Shaeffer, 704-510-1437
Project Description: The Wilmington District, Corps of Engineers (Corps) received an application from Gaston County
Department of Public Works seeking Department of the Army authorization to impact 1,881.5 linear feet of jurisdictional
stream channel and 0.40 acre of jurisdictional impoundments associated with the expansion of Gaston County Landfill in
Gaston County, North Carolina.
Subscribe/Unsubscribe: This email was sent out as a result of subscribing to the Wilmington District regulatory program
public notices. Please email Christine Folta ([e-mail]
<mailto:[e-mail]> ) with the subject or message "unsubscribe" to remove your address from
future mailings.
CLASSIFICATION: UNCLASSIFIED

GWy.@ D3P
C H EROKEE Nmom)
P.Q. Box 949 • Tahlequah, QK 74465-0948
918.453-5000 • www.cherokee.org
November 20, 2019
David L. Shaeffer
United States Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Re: SAW-2018-00053
Mr. David L. Shaeffer:
Office of the Chief
Chuck Hoskin Jr.
Principal Chief
Bryan Warner
Deputy Principal Chief
The Cherokee Nation (Nation) is in receipt of your correspondence about SAW-2018-00053, and
appreciates the opportunity to provide comment upon this project. Please allow this letter to serve
as the Nation's interest in acting as a consulting parry to this proposed project.
The Nation maintains databases and records of cultural, historic, and pre -historic resources in this
area. Our Historic Preservation Office reviewed this project, cross referenced the project's legal
description against our information, and found no instances where this project intersects or adjoins
such resources. Thus, the Nation does not foresee this project imparting impacts to Cherokee
cultural resources at this time.
However, the Nation requests that the United States Army Corps of Engineers (USACE) halt all
project activities immediately and re -contact our Offices for further consultation if items of cultural
significance are discovered during the course of this project.
Additionally, the Nation requests that the USACE conduct appropriate inquiries with other
pertinent Tribal and Historic Preservation Offices regarding historic and prehistoric resources not
included in the Nation's databases or records.
If you require additional information or have any questions, please contact me at your convenience.
Thank you for your time and attention to this matter.
Wado,
r�
Elizabeth Toombs, Tribal Historic Preservation Officer
Cherokee Nation Tribal Historic Preservation Office
[e-mail]
918.453.5389

Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA)
From: Munzer, Olivia <[e-mail]>
Sent: Tuesday, November 5, 2019 1:21 PM
To: Shaeffer, David Leigh (Dave) CIV USARMY CESAW (USA)
Cc: Homewood, Sue
Subject: [Non-DoD Source] NCWRC Comments - SAW-2018-00053 - Gaston County Landfill PN
Attachments: NCWRC Comments - SAW-2018-00053 - Gaston County Landfill.pdf
Good afternoon Dave,
Here are my comments for the Gaston Co. Landfill PN.
Olivia Munzer
Western Piedmont Habitat Conservation Coordinator
Certified Wildlife Biologist °
NC Wildlife Resources Commission
Rogers Depot, 1718 NC Hwy 56 West
Creedmoor, NC 27522
Office: 919.707.0364 // Cell: 336.269.0074
[e-mail] <mailto:[e-mail]>
Blockedwww.ncwildlife.org <Blockedhttp://www.ncwildlife.org/>
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<Blockedhttp://www.facebook.com/pages/NC-Wildlife-Resources-Commission/169986143088699?ref=tn_tmmn>
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1

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third
parties

1�1 North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
MEMORANDUM
TO: David Shaeffer
U.S. Army Corps of Engineers
FROM: Olivia Munzer, Western Piedmont Coordinator
Habitat Conservation Division
DATE: 05 November 2019
SUBJECT: Public Notice for Gaston County Landfill Expansion, Gaston County, North Carolina.
Corps Action ID #: SAW-2018-00053.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
public notice. Our comments are provided in accordance with provisions of the Clean Water Act of 1977
(as amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e), and
North Carolina General Statutes (G.S. 113-131 et seq.).
Gaston County Department of Public Works proposes to permanently impact 1,881.5 linear feet of
jurisdictional stream channel and 0.40 acre of jurisdictional impoundments associated with the expansion
of an existing landfill located on a 424-acre tract. The purpose of the project is to provide municipal solid
waste capacity to serve growth and development over at least the next 20 years. The proposed mitigation
includes payment to N.C. Division of Mitigation Services.
Unnamed tributaries to the South Fork Catawba River in the Catawba River basin flow through the site.
There are records for the state significantly rare seagreen darter (Etheostoma thalassinum) downstream of
the site.
Should the permit be issued, we offer the following comments and recommendations to minimize impacts
to aquatic and terrestrial wildlife resources.
For any undisturbed streams remaining on the site, establish or maintain a minimum 100-foot
undisturbed, native, forested buffer for perennial streams and a minimum 50-foot undisturbed, native,
forested buffer for intermittent streams and wetlands. Maintaining undisturbed, forested buffers
along these areas will minimize impacts to aquatic and terrestrial wildlife resources, water quality,
and aquatic habitat both within and downstream of the site. In addition, wide riparian buffers are
helpful in maintaining stability of stream banks and for treatment of pollutants associated with
stormwater runoff.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
05 November 2019
Gaston County Landfill
Corps Action ID#: SAW-2018-00053
2. As development in the watershed occurs, the 100-year floodplain elevation may change.
Construction of future phases of the landfill should avoid construction or fill in the 100-year
floodplain. Construction or fill in the floodplain increases the potential for flooding and interferes
with the natural hydrologic process of the waterways. It also disrupts the continuity of migration
corridors for wildlife.
3. Measures should be installed to prevent leachate from entering groundwater or surface waters. We
suggest periodic monitoring for waste pollutants in South Fork Catawba River downstream of the
landfill. If waste pollutants are found downstream, then measures should be implemented to identify
the source and contain the pollutants.
4. Where feasible, stockpile top soils for final site reclamation. However, excavated materials should
not be stockpiled where sediment will erode to surface waters.
5. Consider using native seed mixtures (e.g., native warm season grasses) that are beneficial to wildlife
in the reclamation plan. Specifically, this project would be ideal for planting native, wildflower seed
mixes that will create pollinator habitat within the project boundary. Avoid using Bermudagrass,
redtop, tall fescue, and lespedeza, which are invasive and/or non-native and provide little benefit to
wildlife.
6. Sediment and erosion control measures should be installed prior to any land clearing or construction.
The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly
recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is
made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt
fencing that has been reinforced with plastic or metal mesh should be avoided as it impedes the
movement of terrestrial wildlife species. These measures should be routinely inspected and properly
maintained. Excessive silt and sediment loads can have numerous detrimental effects on aquatic
resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of
aquatic species.
Thank you for the opportunity to comment on this permit application. For questions or comments, please
contact me at [phone] or olivia.munzer(abncwildlife.org.
ec: Sue Homewood, NCDWR