20150596 Ver 1_Public Notice_20150630

Burdette, Jennifer a
From: Wallace, Nancy SAW <Nancy.Wallace @usace.army.mil>
Sent: Tuesday, June 30, 2015 3:07 PM
Subject: US Army Corps of Engineers Public Notice (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
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
http: / /www.saw.usace.armv.mil/ Missions /RegulatorvPermitProgram.aspx.
The current notice involves:
Corps Action ID #: SAW- 2015 -00736
Issue Date: June 30, 2015
Applicant: Cleveland County
Expiration Date: July 30, 2015
Point of Contact: William Elliott at William .a.elliottOusace.armv.mil
Project Description: The Wilmington District, U.S. Army Corps of Engineers has received an
application from Sam Lockridge, Cleveland County seeking Department of the Army authorization
to impact 532 LF of stream and 0.32 Ac of wetlands, associated with landfill expansion in
Cleveland 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 Cindv.M.CorbettOusace.armv..mil with
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Classification: UNCLASSIFIED
Caveats: NONE
1

■� I PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: June 30, 2015
Comment Deadline: July 30, 2015
Corps Action ID Number: SAW- 2015 -00736
The Wilmington District, Corps of Engineers (Corps) received an application from
Mr. Sam Lockridge, Solid Waste Director for Cleveland County, seeking Department of the
Army authorization to impact 532 LF of stream and 0.32 AC of wetlands, associated with a
landfill expansion in Cleveland County, North Carolina.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at http: / /www.saw.usace. army.mil/ Missions /RegulatoryPennitProgram.aspx
Applicant: Mr. Sam Lockridge
Cleveland County
250 Fielding Road
Cherryville, North Carolina 28021
AGENT (if applicable): Mr. R. Clement Riddle
C1earWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, North Carolina 28801
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of the following Statutory Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
Location
The Municipal Solid Waste landfill is located off Fielding Road. To access the site from
Asheville, take I -26 East to Exit 108 (US Highway 74 East). Travel on US Highway 74 East for
approximately 39 miles. Take a slight left onto West Marion Street and travel approximately 3.3
miles to Cherryville Road. Turn right onto Cherryville Road and travel approximately 4.4 miles

to Pinedale Road. Turn left onto Pinedale Road and continue onto Fielding Road to the
Cleveland County Landfill entrance. In general, the project boundary is bordered to the north by
Sperlings Road, the east by Cherryville Road, the south by Buffalo Creek, and to the west by
New Prospect Church Road.
Project Area (acres):
Nearest Waterway:
Latitude and Longitude
Existing Site Conditions
444
Buffalo Creek
35.340676 N, - 81.470133W
Nearest Town: Cherryville
River Basin: Santee
Cleveland County owns an 855 -acre tract off Fielding Road west of Cherryville, North Carolina.
Within this tract, the County operates an 82 -acre solid waste disposal landfill. The property is
mostly wooded except where past and current landfill operations are taking place. There is a
power line right -of -way and old agricultural fields present within the project boundary. A
72 -acre portion of the tract has been recently timbered. Landfill operations at this site are
designed to take place in six phases over 65.6 years. To date, Phases 1 and 2 have been
implemented resulting in the permanent disposal of 4,958,819 cubic yards of solid waste.
Five community types were identified within the project boundary. Each community type is
discussed below.
Streams and Riparian Forest - These freshwater habitats include the streambeds and banks and
immediate riparian areas of Buffalo Creek, Suck Creek, and unnamed tributaries. Stream channels
on site have been effected by past land use with some channels deeply incised. Species observed in
the riparian areas include red maple (Acer rubrum), yellow poplar (Liriodendron tulipifera), and
sweetgum (Liquidambar styraciflua). Hickory (Carya spp.), black walnut (Juglans nigra),
willow oak (Quercus phellos), and black locust (Robinia pseudoacacia) were also observed in
smaller numbers. Understory species include smaller individuals of flowering dogwood (Corpus
Florida), American holly (Ilex opaca), eastern red cedar (Juniperus virginiana), Chinese privet
(Ligustrum sinense), yellow poplar, willow oak, and multiflora rose (Rosa multiflora).
Herbaceous species observed include spotted wintergreen (Chimaphila maculata) and Christmas
fern (Polystichum acrostichoides).
Some riparian areas have been highly disturbed and are dominated by kudzu (Pueraria lobata).
Wetland - The majority of wetlands on the County -owned property are floodplain wetlands
adjacent to Suck Creek. The wetland within the Phase 3 landfill footprint is a headwater wetland
located in an old stormwater pond and is of poor quality. Species observed in the shrub /scrub
wetlands include red maple, river birch (Betula nigra), sycamore (Platanus occidentalis), black
willow, silky dogwood (Corpus amomum), privet, elderberry (Sambucus canadensis), sedges
(Carex spp. ), jewelweed (Impatiens capensis), rushes (Juncus spp. ), woolgrass (Scirpus
cyperinus), and cattail (Typha latifolia).
2

Ruderal Corridors - The ruderal habitat consists of road edges and power line rights -of way. It is
considered a disturbed and /or transitional community type. There is an existing power line right -
of -way (ROW) that runs east -west across the property. Edge species observed includes red
maple, redbud (Cercis canadensis), eastern red cedar, white pine (Pious strobus), and willow
oak. These species and saplings of black locust, yellow poplar, Virginia pine (Pious virginiana),
tree of heaven (Ailanthus altissima), eastern red cedar, and black cherry (Prunus serotina) were
observed in the maintained ROW. Herbaceous species observed include pokeweed (Phytolacca
Americana), Japanese honeysuckle (Lonicera japonica), ragweed (Ambrosia sp.), lambs quarters
(Chenopodium album), greenbrier (Smilax sp.), blackberry (Rubus sp.), broomsedge
(Andropogon viginicus), goldenrod (Solidago sp.), Virginia creeper (Parthenocissus
quinquefolia), poison ivy (Toxicodendron radicans), lespedeza (Lespedeza sp.), wingstem
(Verbesina alternifolia).
Early Successional Field - This habitat includes old abandoned fields dominated by Joe -pye-
weed (Eupatoriadelphus sp.), pokeweed, ragweed, goldenrod, Russian olive (Elaeagnus
angustifolia), hog peanut (Amphicarpaea bracteata), white clover (Trifolium repens), red clover
(Trifolium pretense), vetch (Vicia sp.), microstegium ( Microstegium vimineum), curled dock
(Rhumex crispus), bed straw (Galium aparine), fescue (Festuca sp.), dogfennel (Eupatorium
capillofolium), Venus' looking glass (Triodanis perfoliata), dandelion (Taraxacum officinale),
and wild geranium (Geranium maculatum).
Upland Hardwood Forest - This forested habitat type is slightly drier than the riparian area and
makes up the majority of the habitat on -site. Species observed in the overstory include white oak
(Quercus alba), sourwood (Oxydendrum arboretum), yellow poplar, hickory, red maple,
sweetgum, black walnut, shortleaf pine (Pious echinata), tree -of- heaven, and Virginia pine.
Species observed in the sapling -shrub layer include the over story species and American holly,
eastern red cedar, mulberry (Morus sp.), box elder (Acer negundo), sassafras (Sassafras
albidum), blackgum (Nyssa sylvatica), privet, and Japanese barberry (Berberis thunbergii).
Species observed in the herbaceous layer include microstegium, Christmas fern, Virginia
creeper, yellow wood sorrel (Oxalis stricta.), ebony spleenwort (Asplenium platyneuron), kudzu,
muscadine (Vitis rotundifolia), Spindle (Euonymus sp.), bedstraw (Galium spp.), greenbrier,
Japanese honeysuckle, cranefly orchid (Tipularia discolor), grapefern (Botrychium spp), poison
ivy, hog peanut, chickweed (Stellaria media), spotted wintergreen, violet (Viola sp.), yellow root
(Xanthorhiza simplicissima), southern lady fern (Athyrium filix femina), Indian strawberry
(Potentilla indica), netted chain fern (Woodwardia aereolata), periwinkle (Vnca major),
partridge berry (Mitchella repens), false Solomon's seal (Maianthemum racemosum), trumpet
creeper (Campsis radicans), and running cedar (Lycopodium digitatum).
Applicant's Stated Purpose
The basic project purpose is continued development of the existing landfill. More specifically,
the overall project purpose is to expand the existing landfill to increase waste storage capacity in
Cleveland County.

Project Description
Cleveland County is proposing to continue landfill development by expanding into the Phase 3
area of the existing landfill. Phase 3 of the MSW landfill consists of 15 -acres within the 82 acre
landfill operation and will provide an additional 9.1 years or 1.8 million cubic yards of waste
storage capacity. Impacts associated with landfill expansion include the discharge of fill material
into two streams 532 linear feet and two wetlands totaling 0.32 acres.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and /or minimize
impacts to the aquatic environment: The proposed project is designed in a way to avoid streams
and wetlands where practicable while still meeting the project purpose. The tables below
summarize avoidance at the site:
-Site Streams
Proposed
Amount
Percent
Impacts
Avoided
Avoided
25,334
532
24,813
I97
On -Site
Proposed
Amount
Percent
Wetlands
Impacts
Avoided
Avoided
2.11
0.32
1.79
185
Original plans included the borrow pit with a slightly different configuration that would have
impacted approximately 100 linear feet of stream. Cleveland County agreed to reconfigure the
borrow pit to avoid these impacts.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: Cleveland County proposes to mitigate for
unavoidable impacts (532 linear feet of stream and 0.32 acres of wetland) at a 1:1 ratio through
payment into the North Carolina Division of Mitigation Services DMS in -lieu fee program. By
letter dated May 28, 2015, DMS has indicated they are willing to accept payment for impacts
associated with development at the site.
Essential Fish Habitat
Pursuant to the Magnuson- Stevens Fishery Conservation and Management Act, this Public
Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps' initial
determination is that the proposed project would not affect EFH or associated fisheries managed
by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
M

Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33
CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the
District Engineer consulted district files and records and the latest published version of the
National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National Register, be
present within the Corps' permit area; the proposed activity requiring the DA permit (the
undertaking) is a type of activity that will have no potential to cause an effect to an
historic properties.
❑ No historic properties, nor properties eligible for inclusion in the National Register, are
present within the Corps' permit area; therefore, there will be no historic properties
affected. The Corps subsequently requests concurrence from the SHPO (or THPO).
® Properties ineligible for inclusion in the National Register are present within the Corps'
permit area; there will be no historic properties affected by the proposed work. The Corps
subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; however, the undertaking will have no adverse
effect on these historic properties. The Corps subsequently requests concurrence from the
SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; moreover, the undertaking may have an adverse
effect on these historic properties. The Corps subsequently initiates consultation with the
SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the presence of
prehistoric and historic cultural resources; however, the area has not been formally
surveyed for the presence of cultural resources. No sites eligible for inclusion in the
National Register of Historic Places are known to be present in the vicinity of the
proposed work. Additional work may be necessary to identify and assess any historic or
prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon coordination
with the SHPO and /or THPO, as appropriate and required, and with full consideration given to
the proposed undertaking's potential direct and indirect effects on historic properties within the
Corps - indentified permit area.
5

Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area, examined
all information provided by the applicant and consulted the latest North Carolina Natural
Heritage Database. Based on available information:
❑ The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑ The Corps determines that the proposed project may affect federally listed endangered or
threatened species or their formally designated critical habitat. The Corps initiates
consultation under Section 7 of the ESA and will not make a permit decision until the
consultation process is complete.
® The Corps is not aware of the presence of species listed as threatened or endangered or
their critical habitat formally designated pursuant to the Endangered Species Act of 1973
(ESA) within the project area. The Corps will make a final determination on the effects of
the proposed project upon additional review of the project and completion of any
necessary biological assessment and /or consultation with the U.S. Fish and Wildlife
Service and /or National Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate State
agencies for review.
North Carolina Division of Water Resources ( NCDWR): The Corps will generally not make
a final permit decision until the NCDWR issues, denies, or waives the state Certification as
required by Section 401 of the Clean Water Act (PL 92 -500). The receipt of the application and
this public notice, combined with the appropriate application fee, at the NCDWR Central Office
in Raleigh constitutes initial receipt of an application for a 401 Certification. A waiver will be
deemed to occur if the NCDWR fails to act on this request for certification within sixty days of
receipt of a complete application. Additional information regarding the 401 Certification may be
reviewed at the NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604 -2260. All persons desiring to make comments regarding
the application for a 401 Certification should do so, in writing, by to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(LISPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699 -1617
.W
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
D

North Carolina Division of Coastal Manaeement (NCDCM):
❑ The application did not include a certification that the proposed work complies with and
would be conducted in a manner that is consistent with the approved North Carolina
Coastal Zone Management Program. Pursuant to 33 CFR 325.2(b)(2) the Corps cannot
issue a Department of Army (DA) permit for the proposed work until the applicant
submits such a certification to the Corps and the NCDCM, and the NCDCM notifies the
Corps that it concurs with the applicant's consistency certification. As the application did
not include the consistency certification, the Corps will request, upon receipt„
concurrence or objection from the NCDCM.
® Based upon all available information, the Corps determines that this application for a
Department of Army (DA) permit does not involve an activity which would affect the
coastal zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C.
§ 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts
including cumulative impacts of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The benefit
which reasonably may be expected to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof, among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidated State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and /or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
7

Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to the
proposed work, as outlined above, until 5pm, July 30, 2015. Comments should be submitted to
William Elliott, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville,
North Carolina 28801, at (828) 271 -7980.

Cleveland County Landfill Expansion ( +1 -444 AC)
Cleveland County, CLearWater 100 -YR Floodplain Map
North Carolina NC Flood Maps
224 South Grove Street, Suite F Figure 6
Hendersonville, North Carolina 28792

PRO.IF.(T DATA
TOTAL PROJECT AREA
JURISDICTIONAL WATE
Streams
Wetlands
Open Water
JURISDICTIONAL IMPA(
Streams
Wetlands
AVOIDANCE/MINIMIZA'
Streams
Wetlands
MITIGATION
Streams
DMS
Wetlands
DMS
u
Legend
Cleveland County Lanfill Expansion ( +/- 444 AC)
Cleveland County,
North Carolina
0 250 500 1,000
Feet /
CLearMter
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Drawn by,, RLN 05,27115; CEC Project# 684
Source DeW Cleveland County
Site Plan and Impact Map
Figure 5

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Legend
114017 g�Ya Project Boundary
CLearWaker Site Vicinity
Figure 2
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
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