20191369 Ver 1_More Info Received_20200205

F)l
Gaston County Landfill I SAW-2018-00053
Responses to Public Notice Comments
February 5, 2020
February 5, 2020
Mr. David Shaeffer
U.S. Army Corps of Engineers
Wilmington Regulatory District
Charlotte Regulatory Field Office
8430 University Executive Park Drive, Suite 611
Charlotte, North Carolina 28262
Subject: Gaston County Landfill Expansion (SAW-2018-00053)
Reponses to Public Notice
Dear Mr. Shaeffer,
On behalf of the Gaston County Department of Public Works, HDR would like to thank you for your
comments in response to their Individual Department of the Army Permit, submitted on October 4, 2019
for the proposed expansion of the Gaston County Landfill in Gaston County, North Carolina. Please see
the following responses, organized by requesting party. Comments are in bold text, responses are
provided in regular text. The U.S. Army Corps of Engineers (USACE) did not have any comments in
response to the Individual Permit application or Public Notice period.
Sincerely,
HDR, Inc.
Kelly Thames, PWS
Environmental Project Manager
Attachments: Appendix A: Public Notice Responses
Appendix B: Public Notice Comments

Appendix A
Summarized Public
Notice Comments and
Responses

FN
Gaston County Landfill I SAW-2018-00053
Responses to Public Notice Comments
February 5, 2020
National Oceanic and Atmospheric Administration — National
Marine Fisheries Service:
October 28th 2019
1. Based on 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.
No response required.

F)l
Gaston County Landfill I SAW-2018-00053
Responses to Public Notice Comments
February 5, 2020
NC Wildlife Resources Commission:
November 5th, 2019
1. 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.
According to the applicant, the applicant's preferred alternative would avoid impacts to 11,052 linear feet
of stream channel, 5.27 acres of wetlands, and 1.25 acres of ponds. Approximately 80% of the avoided
streams, 87% of wetlands and 17.5% of ponds are located within, and are protected by, the buffer and
setback regulatory controls that limit the locality of landfill disposal units within the landfill boundary and
Gaston Count property. The remaining stream and wetland features not already protected by the
implemented regulatory controls noted above, all have at least a minimum 30-foot buffer which is in
compliance with the Gaston County Unified Development Ordinance' for development activities that are
non-residential and below 24% imperviousness. This is also in compliance with DWR's Surface Water
Classification Standards2 for the site which is located in a Watershed Supply IV (WS-IV) watershed.
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.
NC General Statute § 130A-295.61 prohibits waste disposal units within FEMA floodplains. As such, all
planned site development would take place outside of the designated 100-year floodplain. Additionally,
due to the relatively small size of the drainage catchment of the Unit III impact area, the proposed
activities within the landfill boundary are not expected to increase or decrease the natural rate of flooding
at the site or downstream. Therefore, no effects are anticipated.
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.
In the construction of Unit III and subsequent construction of Unit I, Phase 2 to complete the build -out of
the Municipal Solid Waste (MSW) Units 1, 11, and III, a leachate collection system will be installed per 40
CFR Part 258 requirements after all proposed channel impacts have been filled. This leachate collection
system will tie into the existing leachate collection system on the landfill. The filling process involves filling
' http://cros3.revize.com/revize/gastoncounty/Documents/planning/UD02019/O201Chl5 Watershed%201018.pdf
2 https://files.nc.gov/ncdeg/document-library/NC Guide SurfaceWater AUGUST1%202011 FINAL.pdf

FN
Gaston County Landfill I SAW-2018-00053
Responses to Public Notice Comments
February 5, 2020
all impacted channels to the top of the bank with gravel fill (#57 stone), which would then be overlain by a
4-foot clay layer that would extend to the limits of the disposal unit. Finally, a geosynthetic liner would be
lain on top of the clay layer. The gravel fill material would allow the infiltration of groundwater flows to
continue downstream underneath the disposal unit. The clay and geosynthetic underliner are required per
Subtitle D of 40 CFR Part 258 to provide a barrier between the Ieachate collection system and direct
connection to ground and surface waters. The Ieachate system designed to capture landfill waste
Ieachate would be physically separated from groundwater via the impermeable geosynthetic underliner.
This process would prevent Ieachate from entering ground and surface waters.
The Gaston County Landfill has been, and is currently, covered under the National Pollutant Discharge
Elimination System (NPDES) General Permit Number NCG120000 for Landfills as issued by the North
Carolina Department of Environmental Quality (NCDEQ) Division of Energy, Mineral and Land Resources
(NCDEMLR). This coverage includes a Stormwater Pollution Prevention Plan (SWPP) and ongoing
periodic water quality monitoring to monitor site discharge and runoff as required by the general permit. A
section 401 Individual Water Quality Permit was submitted concurrently with the IP application.
4. Where feasible, stockpile top soils for final site reclamation. However, excavated materials
should not be stockpiled where sediment will erode to surface waters.
Soils will be stockpiled for final site reclamation. Proper sediment and erosion control measures would be
installed around the perimeter of work prior to, and during construction, to ensure that all remaining
waters on the landfill would not be affected.
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
Bermuda grass, redtop, tall fescue, and lespedeza, which are invasive and/or non-native and
provide little benefit to wildlife.
A native seed mixture, beneficial to wildlife, will likely be utilized in the reclamation plan.
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.
Proper sediment and erosion control measures would be installed around the perimeter of work prior to
and during construction to ensure that remaining waters on the property would not be changed or
affected. Additional the National Pollutant Discharge Elimination System (NPDES) Best Management
Practices (BMPs) would be installed in appropriate areas to treat stormwater runoff of the site as needed.
The Gaston County Landfill has been, and is currently, covered under the NPDES General Permit

F)l
Gaston County Landfill I SAW-2018-00053
Responses to Public Notice Comments
February 5, 2020
Number NCG120000 for Landfills as issued by the North Carolina Department of Environmental Quality
(NCDEQ) Division of Energy, Mineral and Land Resources (NCDEMLR). This coverage includes a
Stormwater Pollution Prevention Plan (SWPP) and periodic water quality monitoring to monitor site
discharge and runoff as required by the general permit. A section 401 Individual Water Quality Permit was
submitted concurrently with the IP application.

F)I
Gaston County Landfill I SAW-2018-00053
Responses to Public Notice Comments
February 5, 2020
Private Citizen:
November 6th, 2019
Carolyn and Jerry Hensley:
After talking with you by phone on November 5', 1 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.
Landfill development will take place outside 100-year floodplain which would not result in an increase to
the 100-year base floodplain elevation. Additionally, NC General Statute § 130A-295.61 prohibits waste
disposal units within FEMA Floodplains.

FN
Gaston County Landfill I SAW-2018-00053
Responses to Public Notice Comments
February 5, 2020
North Carolina Department of Environmental Quality:
November 19, 2019
1. The applicant's Purpose and Need as stated in the application indicates that "to construct a
landfill on a new site would take a greater amount of time to do than the 2.5 years of remaining
lifespan at the existing landfill". The Division suggests that inadequate planning by Gaston
County Public Works Department should not be considered as a valid purpose and need for the
proposed project. Although it may not be economically desirable, transportation of waste to other
local or regional landfills is a technologically feasible option which would provide the County with
the proper time to develop a more sufficient alternatives analysis for the proposed expansion.
As noted in the comment, off -site alternatives were considered in the Environmental Assessment and
preferred alternative selection process. While transportation of waste is technologically feasible, it is not
economically feasible and does not meet the immediate need of providing landfill capacity.
2. The applicant proposed a 1.5:1 mitigation based on an NCSAM analysis, however the NCSAM
analysis has likely been influenced by prior development activities; therefore, the Division
recommends reconsideration of whether the NCSAM evaluation is appropriate in this situation.
A schedule of mitigation ratios associated with NCSAM/NCWAM scores was provided by the USACE.
After reviewing Unit III's limits for waters of the U.S. under section 404/401 of the Clean Water Act (CWA),
HDR environmental scientists Thomas Blackwell, PWS, and Kelly Thames, PWS, determined the NCSAM
score for Seasonal RPW 1, Seasonal RPW 2, and Perennial RPW 3 to be low and subsequently
proposed a mitigation ratio of 1.5:1 based on the ratio scheduled provided by the USACE. A mitigation
ratio of 2:1 was proposed for unauthorized impacts to Perennial RPW 1 that occurred prior to the
Individual Permit application.
3. The Division has requested additional technical information from the applicant and requests
that the USACE also consider the attached letter during the review of the application.
Additional information was provided to The Division in a Request for Additional Information regarding the
dam breaching and pond dewatering plan.

FN
Gaston County Landfill I SAW-2018-00053
Responses to Public Notice Comments
February 5, 2020
Cherokee Nation:
November 20th, 2019
1. 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.
Should any items of cultural significance be discovered during the course of the project, the Cherokee
Nation will be notified along with other pertinent Tribal and Historic Preservation Offices.
2. 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.
The North Carolina Department of Natural and Cultural Resources State Historic Preservation Office
(NCDNC-SHPO) provided comments in response to this Public Notice (see next response section). Aside
from two cemeteries that will not be affected, the NC SHPO concurred that no historic properties will be
affected and no additional archaeological investigations are warranted for the project, as currently
planned.

FN
Gaston County Landfill I SAW-2018-00053
Responses to Public Notice Comments
February 5, 2020
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office:
November 25th, 2019
1. 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.
Site 31 GS139, the Friday Cemetery, is located within the landfill boundary and is already protected from
disturbance. This cemetery will continued to be protected from disturbance. Additionally, the adjacent
cemetery associated with Fancy Hill Baptist Church will not be disturbed. There is a minimum 300 foot
setback internal to the Gaston County property that provides adequate buffer to protect the church and its
cemetery (Figure 1).

FN
LEGEND
QPermitted Landfill
Boundary (320 ac.)
Gaston County Landfill
Property (424 ac.)
-----; Unusable Space due to
Constraints
- Facility Structures
Residential Structures
- - - Seasonal RPW
Perennial RPW
I:
Pond i
- V*tlands
3
a Culvert i
3
® FEMA Floodway r
- FEMA 100-Yr Floodplain
FEMA 500-Yr Floodplain
1 inch = 1,000 feet
r-� i0 Feet 1,000
Figure 1. Buffer/Setback Constraints
Gaston County Landfill I SAW-2018-00053
Responses to Public Notice Comments
February 5, 2020
®tea ♦
i I
i
I
Friday
f it u
B,df-alSethacka and Conahalnb
300
139
300
94
500
43.5
5y� 300
im
r 100
2
nI.
11
BUBer and Setback Acreage:
0. 7.5
overlap Acreage:
218
Total Co—iw Acreage:
239.5

Appendix B
Original Submitted
Public Notice
Comments

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])

(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

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

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

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
November 19, 2019
Corps Action ID# SAW-2018-00053
DWR# 20191369
Gaston County
David Shaeffer
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville NC 28801
Subject Project: Gaston County Landfill Expansion
Dear Mr. Shaeffer:
On behalf of the NC Division of Water Resources, we respectfully request that you consider the
following comments within your review of the 404 Individual Permit request for the above referenced
property:
The applicant's Purpose and Need as stated in the application indicates that "to construct a
landfill on a new site would take a greater amount of time to do than the 2.5 years of remaining
lifespan at the existing landfill". The Division suggests that inadequate planning by Gaston
County Public Works Department should not be considered as a valid purpose and need for the
proposed project. Although it may be not be economically desirable, transportation of waste to
other local or regional landfills is a technologically feasible option which would provide the
County with the proper time to develop a more sufficient alternatives analysis for the proposed
expansion.
2. The applicant proposes 1.5:1 mitigation based on an NCSAM analysis, however the NCSAM
analysis has likely been influenced by prior development activities, therefore the Division
recommends reconsideration of whether the NCSAM evaluation is appropriate in this situation.
3. The Division has requested additional technical information from the applicant and requests
that the USACE also consider the attached letter during the review of the application.
Q2�
North Carolina Department of Environmental Quality I Division of Water Resources
E512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NOFTM CAROLINA
o^M^1E� ^^^•^u ft•1 / 919.707.9000

Corps Action ID# SAW-2018-00053
DWR# 20191369
Page 2 of 2
Thank you for your considering the Division's comments during your review of this Individual Permit. If
you have any questions, please contact Sue Homewood at 336-776-9693 or
[e-mail].
Sincerely,
DocuSigned by:
� �oawerR,00d
466ED631098F411-
for Mac Haupt, Acting Supervisor
401 & Buffer Permitting Unit
cc: Kelly Thames, HDR (via email)
Olivia Munzer, NCWRC (via email)
Byron Hamstead, USFWS (via email)
DWR MRO
DWR — Wetlands and Buffer Permitting Branch

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

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