20150596 Ver 1_Corps of Engineer Correspondence_20150914

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September 10, 2015 ww w•c wel"WI 0111
Mr. William Elliott`
US Army Corps of Engineers'°
151 Patton Avenue, Room 208 �� ✓/
Asheville, North Carolina 28801 ) 201
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RE: Response to Corps Comments4'�taa +>t
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Cleveland County Landfill Expansion
Cleveland, North Carolina
Action ID SAW -2015-00736; DWR Project # 15-0596
Dear Mr. Elliot,
Please reference the letter dated August 28, 2015 (Attachment A) sent by the US Army
Corps of Engineers (Corps) 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 Corps are listed and discussed below.
Comments Provided by the US Fish and Wildlife Service (FWS)
The FWS offered several recommendations regarding stream buffers, stream
crossings, storm water management, and invasive exotic species. Responses to
each of the FWS's concerns are discussed in a separate letter addressed to the
Corps dated September 1.0, 2015.
Comments Provided by the Wildlife Resources Commission (WRC)
The WRC offered several recommendations regarding stream buffers, surface
water monitoring, sediment and erosion control, etc. Responses to each of the
WRC's concerns are discussed in a separate letter addressed to the Corps dated
September 10, 2015,
Comment Provided by the Corps
"Will there be any additional temporary impacts associated with the project? For
instance, will additional temporary impacts be needed to complete construction, utility
installation, etc. ?"
The proposed project does not include impacts, temporary or permanent, other
than what is shown on the updated Impact Map (Figure 1).
32 Clayton Street
Asheville_, NC, 2� 801
828 698 9 800 1'el

Mr. William Elliott
09.10.15
Page 2 of 2
Modification to Permit Application
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.
The applicant believes the information submitted in this package addresses all issues set
forth by the Corps in their letter dated August 28, 2015. Should you have any questions
or comments concerning this project please do not hesitate to contact me at 828-698-
9800.
Sincerely,
-R,q-
Rebekah L. Newton R. C 7 ement Riddle, P.W.S.
Project Biologist Principal
/CC: NC Division of Water Resources - Jennifer Burdette

Cleveland County Lanfill Expansion UPDATED (+/- 444 AC)
PROJECT DATA
TOTAL PROJECT AREA
+1- 444 ac
JURISDICTIONAL WATERS OF THE US
Lad#N BowWdm
Streams
25,345 If
Wetlands
2.11 ac
Open Water
0 ac
JURISDICTIONAL IMPACTS
Streams
562 If
Wetlands
0.32 ac
A V OIDA NCEN IN IM IZATION
Streams
24,783 ft
Wetlands
1.79 ac
MITIGATION
Streams
DMS
562 if
Wetlands
DMS
0.32 ac
I Go,". ,.
0
Legend
Culvert
® LNK MI - Pmpoeed P ns
St.wm
Lad#N BowWdm
Unew wetl.M
Pmjed Beundny
Ml wdYnd
Cleveland County,
North Carolina
Inad sr
0.03 AC Iead 93
029AC-'--
lead 05 - -
02 LF
I
I�
i Ji
i
^a
V
0 250 500 1,000
Feet
CLearWater
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Impact 04 _
0.03 AC
Impact *5
62 LF
0 50 100 200
Feet
Impact #t3 ,
0.29 AC
i
i
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)

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A"
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WMENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
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:
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.
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 [e-mail] or Jennifer Burdette
at 919-807-6364 or [e-mail] 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
NCENR
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 project 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 detennined by
perrilitting agencies and may exceed the impact amounts shown below.
River Basin
CU
Stream (feet)
Wetlands (acres) Buffer I Buffer iI
Location
(Sq. Ft.) (Sq. Ft.)
Cold
Cool
Warm
Riparian
Non -Riparian
Coastal Marsh
Broad
03050105
0
0
562
0.32
0
0 0 0
Impact
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation.
in accordance with the in -Lieu Fee Program instrument dated July 28, 2010.
The mitigation will be performed
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 [phone].
cc: William Elliott, USACE-Asheville
Rebekah Newton, agent
Sincerely,
Jame . Stanfill
Asset anagement Supervisor
1652 Mail Service Center, Raleigh, Norlh Carolina 27699-1652
Phone: [phone] Internet: www,nceep.net
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