20150596 Ver 1_Corps of Engineer Correspondence_20150903

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151. PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
August 28, 2015
Regulatory Division
Action ID: SAW-2015-00736
Mr. Sam Lockridge
Solid Waste Director
Cleveland County
250 Fielding Road
Cherryville, North Carolina 28021
Dear Mr. Lockridge:
Reference is made to your June 17, 2015, Department of the Army permit application in
which you requested a permit to impact approximately 532 linear feet of stream channel and
0.32 acres of wetland associated with an 82 acre solid waste disposal landfill located on an 885
acre tract in Cleveland County, North Carolina. The purpose of the project is to expand the
existing landfill to increase waste storage capacity. Mitigation for the project includes payment
into the North Carolina Ecosystem Enhancement Program (NCEEP); the proposed mitigation is
1:1. The purpose of this letter is to provide you with comments received in response to the Public
Notice dated July 30, 2015, and request that additional information be submitted to continue the
review of your permit request.
After review of your proposal, the United States Fish and Wildlife Services (USFWS)
submitted comments by letter dated July 31,2015. Although they concur with the determination
that the proposed project will have "no effect" on federally listed species or designated critical
habitat, they offered several recommendations regarding stream buffers, stream crossings, stoini
water management and invasive exotic species should the permit be issued. A copy of their letter
is enclosed for your consideration and response.
Written comments were received from the North Carolina Wildlife Resources Commission
(NCWRC) on July 21, 2015. A copy of this correspondence is enclosed for your consideration
and response. The WRC commented, "We hesitate to concur with stream piping and placing fill
in aquatic resources since this can eliminate aquatic and terrestrial wildlife habitat, reduce
infiltration of storm water and associated pollutants, and reduce the dissipation of stream energy.
Also, we hesitate to concur with the filling of wetlands due to their wildlife habitat value and the
well-known beneficial functions they provide for flood control and water quality protection".
They offered several recommendations should the permit be issued.

-J
Written ooznozcn|a nt«in»` no objection or no comment xothe project wore received from the
National Marine Fisheries Service. While nnresponse is necessary, their correspondence is
uUoohod for your records.
The Corps has also reviewed your request for Department oF the Army authorization and
request that you provide u response 10 the following items:
L Will there be any additional tczopn/azy impacts associated with the project? For iootuooc,
will additional temporary impacts be needed to complete construction, utility installation, etc.?
Your response to the comments identified above must be given full consideration before vve
can make ufina| decision. ooyour application. We need your information to address the
concerns/issues raised over the proposed project. You may submit additional information, revise
your plans 10 help resolve the issues, rebut the issues made or request a decision based onthe
caistiu,o,zcuozd.
We request that you provide responses to all oorozucots in this letter by September 30`20l5.
T[ you fail 10 respond hy September 3O,20l5,v/e will administratively withdraw your
application. We will reopen your application and continue to process it once you have submitted
all of the information vvc have requested in this letter. Tf you have questions or comments, please
coo1uc1coo at nuy Asheville Regulatory Field (}fficc mldrcmm, telephone [phone] extension
Z24�
Sincerely,
William Elliott
Specialist Regulatory
Asheville Regulatory Field Office
Enclosures
cc w/enels:
R. Clement Riddle
Clear Water Environmental Consultants, Inc.
224 South Grove Street, Suite
Hendersonville, North Carolina 28792

cc w/o encls:
Karen Higgins
North Carolina Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
Asheville Field Office
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Mr. Todd Bowers
Permit Review Specialist
Wetlands Regulatory Section
USEPA — Region 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Ms. Shari Bryant, Piedmont Region Coordinator
North Carolina Wildlife Resource Commission
Habitat Conservation Program
Post Office Box 129
Sedalia, North Carolina 27342-0129