20150596 Ver 1_More Info Received_20150911

year a Ler
C1earWater Environmental Consultants, Inc.
September 10, 2015 www.cwenv.com
Ms. Karen Higgins SEP 1 4 2015
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbu ry Street ' 9h Floor DENR - WATER RESOURCES
Raleigh, North Carolina 27604 401 & BUFFER PERMITTING _
RE: Request for More Information
Cleveland County Landfill Expansion
Cleveland County, North Carolina
Action ID SAW- 2015 - 00736; DWQ Project # 15 -0596
Dear Ms. Higgins,
Please reference the letter dated August 27, 2015 (Attachment A) sent by the NC
Division of Water Resources (DWR) in response to the permit application submitted by
C1earWater Environmental Consultants, Inc. (CEC), on behalf of Cleveland County
represented by Mr. Sam Lockridge. The permit application requested written
authorization for the impacts associated with expansion of an existing landfill. The
comments provided by the DWR are listed and discussed below.
DWR Comment #1: "Please explain how the hydrology of the stream channel
downstream of Impact #2 would be maintained once the stream and its watershed are
excavated. If the hydrology cannot be maintained, please provide a plan to mitigate this
portion of the stream channel, which is located outside of the proposed Phase 3 landfill
boundary."
There is an approximately 30 -foot stream segment located immediately outside of
the landfill expansion boundary. This segment will likely be indirectly impacted
by the change in hydrology at the site. The applicant would like to modify the
permit application to include 30 additional feet of stream channel. Total stream
impacts for the project would be modified to 562 linear feet of stream. Wetland
impacts remain unchanged. An update permit map (Figure 1) and updated
Division of Mitigation Services acceptance letter (Attachment B) has been
included for review.
32 Clayton Street
Asheville, NC 28801
828 -698 -9800 Tel

Ms. Karen Higgins
09.10.15
Page 2 of 2
The applicant believes the information submitted in this package addresses all issues set
forth by the DWR in their letter dated August 27, 2015. Should you have any questions
or comments concerning this project please do not hesitate to contact me at 828 -698-
9800.
Sincerely,
= OWW,�
Rebekah L. Newton R. Cement iddle, P.W.S.
Project Biologist Principal
Cc: US Army Corps of Engineers, Asheville — William Elliott

Cleveland County Lanfill Expansion UPDATED ( +/- 444 AC)
PROJECT DATA
TOTAL PROJECT AREA
JURISDICTIONAL WATERS
Streams
Wetlands
Open Water
JURISDICTIONAL IMPACT;
Streams
Wetlands
AVOIDANCE/MIN IM IZATIC
Streams
Wetlands
MITIGATION
Streams
DMS
Wetlands
DMS
Go,". ,.
N,-
no
Legend
C~ ® LrtlM - Propaed P ns 3
-.0" LwMN BowWdm
U "M w.iN.0 Pm)w OMMM'
"YIY"d
Cleveland County,
North Carolina
0 250 500 1,000
Feet
CLearWater
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Drawn by: RLN 09.08.15; CEC Project# 684
Source Data: Cleveland County
Site Plan and Impact Map
Figure I

Attachment A
DWR Request for Additional Information
(dated August 27, 2015)

HC® NR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Govemor
August 27, 2015
Cleveland County
Attn: Mr. Sam Lockridge
250 Fielding Road
Cherryville, NC 28021
Subject: REQUEST FOR ADDITIONAL INFORMATION
Cleveland County Landfill Expansion
Dear Mr. Lockridge:
Donald R. van der Vaart
Secretary
DWR # 15 -0596
Cleveland County
On June 17, 2015, the Division of Water Resources (Division) received your application dated
June 16, 2015, requesting an Individual 401 Certification from the Division for the subject
project. The Division has determined that your application is incomplete and cannot be
processed at this time. The application is on -hold until all of the following information is
received:
Please explain how the hydrology of the stream channel downstream of Impact #2
would be maintained once the stream and its watershed are excavated. If the hydrology
cannot be maintained, please provide a plan to mitigate this portion of the stream
channel, which is located outside of the proposed Phase 3 landfill boundary.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. If all of the requested information
is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the Division for approval, including a complete application package
and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three
copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail
Service Center, Raleigh, NC 27699 -1617.
401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterResources.org
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Cleveland County
DWR# 15 -0596
Request for Additional Information
Page 2 of 2
Please be aware that you have no authorization under the Section 401 of the Clean Water Act
for this activity and any work done within waters of the state may be a violation of North
Carolina General Statutes and Administrative Code.
Please contact Alan Johnson at 704 - 235 -2200 or alan.iohnsonpncdenr.eov or Jennifer Burdette
at 919 - 807 -6364 or iennifer.burdette(@ncdenr.eov if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervis
401 & Buffer Permitting Unit
cc: Rebekah Newton, ClearWater Environmental Consultants, Inc., 32 Clayton St.,
Asheville, NC 28801
USACE, Asheville Regulatory Field Office
DWR MRO 401 files
DWR 401 & Buffer Permitting Unit
Filename: 150596CIevelandCountyLandfillExp (Cleveland)_401_IC_Hold2.docx

Attachment B
DMS Modified Acceptance Letter
(dated September 3, 2015)

d
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Division of Mitigation Services Donald R. van der Vaart
Governor Secretary
September 3, 2015
Sam Lockridge
Cleveland County Health Department
250 Fielding Road
Cherryville, NC 28021 Expiration of Acceptance: March 3, 2016
Project: Cleveland County Landfill County: Cleveland
The purpose of this letter is to notify you that the NCDENR Division of Mitigation Services (DMS) is willing to accept payment for
compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this
decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies
as mitigation for protect impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the
DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations
associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. if we have not received a copy of the
issued 404 Permit /401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on
the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lien
fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by
pennitting agencies and may exceed the impact amounts shown below.
CU Stream (feet) Wetlands (acres) Buffer I Buffer If
River Basin Location I (Sq. Ft.) (Sq. Ft.)
Cold I Cool I Warm Riparian I Non- Riparian I Coastal Marsh
(Impact Broad 03050105 I 0 I 0 1 562 0.32 l 0 1 0 0
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed
in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information,
please contact Kelly Williams at (919) 707 -8915.
Sincerely,
a-11-0
Jame . Stanfill
Asset anagement Supervisor
cc: William Elliott, USACE- Asheville
Rebekah Newton, agent
1652 Mail Service Center, Raleigh, North Carolina 27699 -1652
Phone: [phone] Internet: www.nceep.net
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