HomeMy WebLinkAbout20021623 Ver 1_COMPLETE FILE_20021009F W arFgQG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
October 16, 2002
Montgomery County
DWQ Project #: 02-1623
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Republic Services of North Carolina, LLC
Attn: John Murray
Post Office Box 2943
Hickory, NC 28603
Dear Mr. Murray:
You have our approval, in accordance with the attached conditions, to impact 0.06 acres of
wetlands for the purpose of improving the Uwharrie Landfill road crossing as you described in your
application dated October 4, 2002. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3375, which may be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 14
when the Corps of Engineers issues it. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. If you change your project, you must notify us and you may be required to
send us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 211.0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For
this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
1%
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (hftp://h2o.enr.state.no.us/ncwetlands
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Ken Averitte
at our Fayetteville Regional Office at 910-486-1541.
Sincerely,
:., it ctor
Attachments
cc: Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
File copy
Central Files
Paul Petigout, Environmental Services, Inc., 6047 Tyvola Glen Circle, Suite 204, Charlotte, NC 29706
ENVIRONMENTAL SERVICES, INC.
6047 TYVOLA GLEN CIRCLE, SUITE 204
CHARLOTTE, NORTH CAROLINA 28217
(704) 414-6629
4 October 2002
US Army Corps of Engineers
Wilmington District
Regulatory Branch
ATTN: Ms. Angie Pennock
69 Darlington Avenue
Wilmington, North Carolina 28403
RE: Nationwide Permit 14 (Road Crossing)
Pre-Construction Notification
Uwharrie Environmental Landfill
Dear Angie:
Enclosed, please find a Pre-Construction Notification (PCN) for the
construction/improvement of a forest road for the purpose of improving access to
potential borrow areas for daily cover of the existing landfill present at the site. Potential
impacts include the culverting/filling of a wetland crossing that is X0.06-acre in size.
Accompanying this information are two location figures and all relevant permits that
have been acquired in the past at this site. Should you have any questions or require any
additional information, please-contact me.
Sincerely,
ENVIRONMENTAL SERVICES, INC.
S. Paul Petitgout
Assistant Vice Presiden
Enclosures
Copy: Mr. Ken Averitte - NC DWQ
Mr. John Dorney - NC DWQ
Mr. Bill Hodges, P.E. - HHNT
Mr. Ken Lowder - Uwharrie Environmental, Inc.
ENVIRONMENTAL SERVICES, INC.
6047 TYVOLA GLEN CIRCLE, SUITE 204
CHARLOTTE, NORTH CAROLINA 28217
(704) 414-6629
4 October 2002
Mr. John Dorney
North Carolina Department of Environment and Natural Resources
Division of Water Quality
r
401 /Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
RE: Nationwide Permit 14 (Road Crossing)
Pre-Construction Notification
Uwharrie Environmental Landfill
Dear Mr. Dorney:
7 `7
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Enclosed, please find a Pre-Construction Notification (PCN) for the
construction/improvement of a forest road for the purpose of improving access to
potential borrow areas for daily cover of the existing landfill present at the site. Potential
impacts include the culverting/filling of a wetland crossing that is ±0.06-acre in size.
Accompanying this information are two location figures and all relevant permits that
have been acquired in the past for this site. Should you have any questions or require any
additional information, please contact me.
Sincerely,
ENVIRONMENTAL SERVICES, INC.
Q•--? GJC-J - 5?
65
S. Paul Petitgout
Assistant Vice President
Enclosures
Copy: Mr. Ken Averitte - NC DWQ
Mr. Bill Hodges, P.E. - HHNT
Mr. Ken Lowder - Uwharrie Environmental, Inc.
Ms. Angie Pennock - US Army Corps of Engineers
0 21623
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
9W9
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1. Check all of the approval(s) requested for this project:;
® Section 404 Permit ? Riparian or at rshed Buffer Rules
? Section 10 Permit ? Isolated W Ian lTY SECTroN
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
Owner/Applicant Information
Name: Republic Services of North Carolina, L.L.C.
Mailing Address: P.O. Box 2943
Hickory NC 28603
Attn: Mr. John Murray
Telephone Number: (828) 464-2414 Fax Number: (828) 464-2433
E-mail Address: N/A
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Paul Petitgout
Company Affiliation: Environmental Services Inc.
Mailing Address: 6047 Tyvola Glen Circle
Suite 204
Charlotte NC 29706
Telephone Number: (704)_414-6629 Fax Number: (704) 414-6585
E-mail Address: ppetitg?outna esinc cc
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Uwharrie Landfill - Road Crossing
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): XX-X-6485
4. Location
County: Montgomery Nearest Town: Troy
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks,, etc.): From Troy, NC, travel
approximately 5 miles west on NC24/27. Turn right onto Landfill Road. Proceed
approximately 2 miles and turn right onto the scales at the Uwharrie landfill site. Proceed to
the Uwharrie Environmental Recycling Center office complex) just beyond the scale-house.
5. Site coordinates, if available (UTM or Lat/Long): Approximate location from Topozone.com
UTM Zone 17 593766 E 3910767 W Lat-Long. 35° 20' 15"N 79° 58' 06" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): ±250 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Rocky Creek
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 6 of 13
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The general land use around the project vicinity is currently
a MSW landfill Portions of the site that are not currently used as a MSW landfill have been
timbered recently.
10. Describe the overall project in detail, including the type of equipment to be used: The
project will consist in the construction/imwrovement of an existing forest road for the purpose
of transporting cover material to the landfill Equipment used will include, but is not limited
to , a bulldozer, excavator, heavy duty dump trucks etc
11. Explain the purpose of the proposed work: The purpose of the project is to
construct/inrove a road suitable for transporting cover material from its current location to
the MSW landfill.
IV. Prior Project History
if jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Permit Action No 199303905 8/26/93 0.1 ac (approximate)
Permit Action No 199500806 1/13/95 0.85 ac DEM Project No 941045 1/25/95
DEM Project No. 95107410/6/95 0.01 ac.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Yes The anticipated work will include the expansion of the MSW landfill area and will require
the permitting of additional jurisdictional acreage (and linear footage of stream). The road
construction/widening_of the existing r-o-w is necessary now in order to p ovide a road capable
of transporting cover material from its current location to the existing landfill site. Current
borrow areas are being depleted and new areas must be opened in order to p ovide the daily
Page 7 of 13
cover material for the landfill. This road widening will an adequate corridor for
transporting the cover material to the landfill site. The reason for separating the two projects is
that the road is needed now. The expansion permit is still several months from submittal.
Additionally, mitigation will be offered to offset the impact of the road widening and previous
permitted actions
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed impact consist of
the placement of a culvert to allow flow to be conveyed from one side of the road to the other
and the placement of fill material in the wetland to construct the road base.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Culverted fill 0.08 No ±3001f Above headwaters
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: ±15 acres
Total area of wetland impact proposed: 0.06-acre
Page 8 of 13
3. Individually list all intermittent and perennial stream impacts below: NONE
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
List each impact separately and identify temporary impacts. Impacts include, out are not nmltea to: cuiverts ana associates rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NONE
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U. S.) below: NONE
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
( applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, can, etc.)
* List each impact separately and identify temporary impacts. Impacts include, but are not wmtw to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: NIA Expected pond surface area: N/A
Page 9 of 13
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed road crossing is a forest road crossing currently used to access the property on
the other side of the wetland area The crossing to be expanded will have minimal wetland
impacts because the impacts were minimized by placing the majority of the fill in the narrowest
portions of the wetland while still utilizing the existing, road crossing,. This was accomplished by
moving the centerline of the crossing approximately 10 feet north of the existingi centerline.
Appropriate BMP's will be utilized to reduce erosion and sedimentation into the wetland area
during and after construction
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strtngide.htnil.
Page 10 of 13
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation for this project will be offered as a portion of a larger mitigation effort for the
expansion of the landfill Mitigation will also be offered for the impacts previously recorded
for this property
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htnL If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested. (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): NIA
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Page 11 of 13
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
Zone 1 extends out - teet perpenaictuar uom near Ddn& UL cuaawc,, z vn_ ??w ?•
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Less than 1% of the site contains impervious surfaces. Prior to construction of the road
widening silt fence will bg- laced in the appropriate areas in and around the construction area.
Once completed the road will be strawed and seeded to prevent erosion of the roadbed. Side
slopes will be permanently vegetated to prevent erosion of the roadbed. The silt fence placed
for construction will be maintained until the vegetation is established.
Page 12 of 13
XH. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will be constructed during dry periods so no discharge is expected.
XM. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, dr other issues outside of the applicant's control).
Accessibility to the cover material on the other side of the wetland area is crucial to the
landfill operation. Current stockpiles of cover materials are dwindling and this proposed
improved crossing will provide adequate access for large trucks to transport the cover material
from its current location to the landfill. An expeditious review of the permit materials would be
peg U appreciated.
10-y-02
Alicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
"I&M REPUBLIC
4??, SERVICES. INC.
September 26, 2002
Ms. Angie Pennock
US Army Corps of Engineers
Wilmington District
Regulatory Division
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Agent Authorization
Dear Ms. Pennock:
Environmental Services, Inc. will be actigg?as our agent in all permitting matters
related to the proposed work at the Uwharrie Environmental Landfill located near
the city of Troy, Montgomery County, North Carolina. Should you have any
questions regarding this matter, please do not hesitate calling me.
Sincerely,
REPUBLIC SERVICES OF NC, L.L.C.
ohn E. Murray, PE
Carolina's Area Engineer
Copy: Mr. Bill Hodges - HHNT
Mr. Ken Averitte - NC DWQ
Republic Services, Inc. • PO Box 2943 • Hickory, NC 28603 • Telephone (828) 464-2414 • Fax (828) 464-2433
FIGURES
2 Project Location Figures
1 USGS Quad Map Figure (Not to Scale)
1 Project Figure
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PRIOR PROJECT HISTORY
Permits Previously Issued for the Uwharrie Environmental Landfill
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 26, 1993
IN REPLY F£FER TO
Regulatory Branch
Action ID No. 199303905 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Montgomery County
c/o Environmental Services, Inc.
ATTN: Mr. Larry Hanford
1318 Dale Street, Suite 120
Raleigh, North Carolina 27605
- Dear Mr. Hanford:
Reference your recent conversations with Mr. Jeff Richter of my staff Rock
Creek, on the concerning the lRecycling Complex properrtyCeand theyproposed constructioneof
Uwharrie Regional
a road across a wetland adjacent an unnamed tributary of Rocky Creek, west o
SR 1138 near Troy, Montgomery County, North Carolina. The proposed road
construction is associated with the expansion of the Montgomery County
landfill.
The survey plat for the Uwharrie Compxex, verified by Mr. Richter during a
recent site visit, accurately reflects eiie limits of wetlands on the property.
Unless there is a change in the law or our published regulations, this not to
determination of the limits of wetlands may be relied upon for a perod
exceed 3 years from the date of the survey plat.
pacts to
'hwi ? Mres R chter ha
The proposed access road to the landfill
s determined
approximately 1/10 of an acre of wetlands, Therefore, wetland
are located in the headwaters of the unnamed tributary.
fill associated with this road construction can be authorized by our
Nationwide Permit No. 26.
For the purposes of the U.S Army Corps of Engineers' Regulatory published ri the am,
Title 33, Code of Federal Regulations (CFR), Part 330.6, Federal Register on November 22, 1991, lists nation i ethermits (NWP). Act,
Authorization was provided, pursuant for discharges of dredged or fill material into headwaters and isolated
waters.
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions. State NWlocaesanot relieve you of the
responsibility to obtain, other requred
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the 2 years if, during that the NWP authorization is reissued without modification or the activity
orris suspended authorizationre oked, oruisng
complies with any WPauthorization moification of
the 2 years, the he N with the terms and
modified, such that the activity would no longer comply under
conditions of the NWP, activities which have commenced (i.e., are con
liance up
wil construction) or are provided thetactivityCismcompletedewithin 12onmonthsthe thel
remain authorized p
date of the the NWP NWP's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case basis to modify, suspend, or
revoke the authorization.
-2-
Questions or comments may be addressed to Mr. Richter, Wilmington Field
office, Regulatory Branch, telephone (919) 251-4636.
Sincerely,
l iee RWri h
egula cry Branch
Enclosure
Copies Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
post office Box 29535 -
Raleigh, North Carolina 27626-0535
DEPARTMENT OF THE. ARMY ,
WILMINGTON OISTPA=, CORPS OF Eiji KEERS 5QJ
P.O. $OX 1890
WILMINGTON. NORTH CAiiOU[YA 28402'1850
RELY 77D
4Tron7ONOF January 13, 1995
Regulatory Branch
action I7 No. 199500846 and Nationwide Permit No. 26 (Headwaters and Isolated
waters)-'
Uwharrie Environmental, Incorporated
J
c/o Mr. Sill Hodges, P.E. i l :-
??,
Hodges, Harbin, Newberry & Tribble. incorporated
post office Box 974 ;
Macon, Georgia 31201
Dear Mr. Hodges : ?. _ .. _ .._ . ._..... --_
Please reference your application dated October 31, 1994, for Department
of the Army (DA) authorization to discharge fill material into 0.85 acre of
jurisdictional wetlands located above the headwaters of Rocky Creek.CaThe site
North -
is located..off State Road 1137, near Troy, Montgomery County,
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Yederal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with t ;he c fditionz and provided
you receive a Section 401 water qu - Y
Division of Environmental Management (NCDEIM). You should contact Mr. John
Darney, telephone (9i9) 733-1786,. regarding water qua_ity certification. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval.
This verification will be valid for two year$_from the date of this
letter unless the nationwide authorization is modi-fied, reissues: or revoked.
This verification will remain valid for the two years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification. If during the two years,
the nationwide permit authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the tertas and
conditions of trc nationwide permit, activities which have commenced or are
under contract to commence, in reliance upon the nationwide permit, will
is provided the activity is completed within twelve
remain authorized. This
months of the date of the nationwide permit's expiration, modification or
revocation.
Questions or comments may be addressed to Mr. Jeff Riclhter, Wilmington
Field Office, Regulatory Branch, telephone (910) 251-4636.
Sincerely,
e wrigh
Chie Regulat Branch
Enclosure
p4mo on 0 tMcYOw paves
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
J-mes B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Uwharrie Environmental, Inc.
Route-'), Box 92-D
Mount Gilead, N.C. 27306
Dear Sus:
?EHNR
October 6, 1995
Montgomery County
DEM Project # 951074
You have our approval to place fill material in 0.01 acres of wetlands or waters for the purpose
of constructing a road to a landfill at Montgomery County landfill, as you described in your
application dated 4 October 1995. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 2732. This certification allows you to use
Nationwide Permit Number 14 when it is issued by the..Corps of Engineers. This action supplements a
Certification under Nationwide Permit 26 issued on 13 7anuary 1995.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you. ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
'dr. John Domey
Central Files
Jerry McCrain; Environmental Services, Inc.
Hal Newberry; Hodges, Harbin, Newberry & Tribble, Inc.
r. P.E.
OCT 1 31995
0
951074.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-4535 Telephone 919-733-7015 FAX 919-733-2496
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathar5 B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
ID FE F=1
January 25, 1995
Montgomery County
DEM Project # 941045
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Uwharrie Environmental, Inc
Route 2 Box 92D
Mount Gilead, N.C. 27306
Dear Sirs:
You have our approval to place fill material in 0.85 acres of wetlands or waters for the purpose
of landfill construction at Montgomery County landfill, as you described in your application dated 21
November 1994. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification. Number 2671. This certification allows you to use Nationwide Permit
Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and'design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification.
Additional conditions are that 1) an undisturbed buffer of 100 feet shall be maintained along Rocky
Creek and 2) no waste cells shall be within 200 feet of Rocky-,Creek., In addition, you should get any
other federal, state or local permits before you-go ahead with.yuur project.
If you do not accept any of the conditions of this certification;, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive-this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorey at 919-733-1786.
Sincerely,
eston Howard, Jr. P
L
Attachment L
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Domey
Central Files t(J?? Z
Jerry McCrain; Environmental Sciences, Inc 1
941045.1tr
P._ O. Box 29535, Raleigh, North Carolina 27626-05.M Telephone 919-733-7015 FAX 919-733-2496
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