JohnstonCoLandfillExp_Major Variance Presentation_05_10_17

Request for a Major Variance from the Neuse Riparian Area Protection Rule
Johnston County
680 County Home Road, Smithfield, NC
May 10, 2017
2 Source: Johnston County Landfill Variance Application
USGS / Soil Survey Maps
3
Jurisdictional Features Map
Source: Johnston County Landfill Variance Application
4
Landfill Expansion Plan
5 Source: Johnston County Landfill Variance Application
Proposed Landfill Expansion Site Plan
6 Source: Johnston County Landfill Variance Application
Proposed Buffer Impacts
Zone 1 Permanent Impacts
22,046 ft2
Zone 2 Permanent Impacts
17,654 ft2
Total Permanent Impacts
39,700 ft2
7 Source: Johnston County Landfill Variance Application
No Impact
Alternative Considered
45% loss of capacity
•67% loss of landfill capacity
•Large portion of stream
watershed re-routed
•Possible loss of stream function
Mitigation Proposal:
Buffer Credits from NC Division of Mitigation Services
75,957 ft2
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Department of Environmental Quality
Mitigation Required:
18,129 ft2 of Zone 1 Impacts x 3 = 54,687 ft2
14,380 ft2 of Zone 2 Impacts x 1.5 = 21,570 ft2
Total 75,957 ft2
Mitigation
Mitigation required was adjusted to remove wetlands that will be
mitigated in accordance with 15A NCAC 02H .0506.
Findings of Fact -(9)(a)(i)
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Practical difficulties or unnecessary hardships are present:
A.Property was purchased for solid waste disposal.
Compliance with the Rule would result in a 67% reduction
in capacity, and no other practical alternatives are available.
B.Hardship from application of this Rule
C.Hardship is due to the physical nature of the property
D.Applicant has not violated the rule
E.Purchased property prior to the effective date of the rule
F.Property contains an existing MSW landfill with space
available for the expansion within an approved facility
boundary, which is unique to the applicant’s property.
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Findings of Fact -(9)(a)(ii) & (iii)
The variance is in harmony with the general purpose and intent
of the State’s riparian buffer protection requirements and
preserves its spirit
•Propose to purchase 75,957 buffer mitigation credits from
private mitigation bank
In granting the variance, the public safety and welfare have
been assured, water quality has been protected, and substantial
justice has been done.
•State solid waste regulations for design and operation of
MSW landfills, buffer mitigation and stormwater
management ensure these requirements are met.
DWR Recommendation
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DWR recommendation is that the Water Quality Committee grant
this major variance request.
If the Water Quality Committee approves this request, the
Division recommends approval with the following conditions or
stipulations:
•Mitigation
The applicant shall provide mitigation for the proposed impacts by
purchasing 75,957 buffer credits within HUC 03020201 from the Old
Savannah Nutrient Offset & Buffer Bank as indicated in their application.
•A final Site Plan including the Stormwater Management Plan is approved
by the Division of Water Resources prior to disturbance within the buffer.
•This major variance shall only apply if the USACE issues a Section 404
permit and the Division of Water Resources issues a 401 Water Quality
Certification for impacts to the stream and wetlands associated
with the subject buffers.
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Questions?
Department of Environmental Quality