HomeMy WebLinkAbout20160206 Ver 1_401 Application_20160316Montalvo, Sheri A
From: Homewood, Sue
Sent: Tuesday, March 01, 2016 12:54 PM
To: Montalvo, Sheri A
Subject: FW: Courtesy Copy of PCN for WM GOLF Temp Stream Crossing 02-29-2016
Attachments: GOLF Stream Xing PCN NCDWR Submittal 02-29-16.pdf
Will you please put this in BIMS when you have a minute.
Thanks,
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue. Homewood@ncdenr gov
450 W Hanes Mill Rd, Suite 300
Winston Salem NC 27105
-`=^Nothing Co ripares —,.-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Mark A. Taylor [mailto:mataylor@smeinc.com]
Sent: Monday, February 29, 2016 2:19 PM
To: Homewood, Sue <sue.homewood@ncdenr.gov>
Cc: John Workman (jworkman@wm.com) <jworkman@wm.com>; Paxton Arthurs (Randolph Co. Public Works)
<Paxton.Arthurs@randolphcountync.gov>; Steve Loskota <SLoskota@smeinc.com>
Subject: Courtesy Copy of PCN for WM GOLF Temp Stream Crossing 02-29-2016
Hello Sue!
Attached is a courtesy copy of the PCN we discussed for a temporary stream crossing in Randolph Co.
Please feel free to email or call me with any questions or concerns.
Best regards,
Mark
Mark A. Taylor, PE
Senior Engineer
,
tE-,
SBME, Inc
9751 Southern Pine Boulevard_
Charlotte, NC 28273
Ph..704-523-4726
Fax '704-525-3953'
Mobile 336-382-9362
matavlor(a�sme+nc coml,
www smeinc com
This"electronic message is subject to,the terms'of use set forth at www smeinc comlemail If you received this message in error please advise the
sender by reply and delete this electronic message and any attachments Please consider the environment before printing this email
;r
�, 2 i
201 60206
February 29, 2016
Sue Homewood,ij
NCDEQ Division of Water Resources�`"
Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
RE: NWP 33 Application — Great Oak Landfill, Randolph County, NC
Owner: Randolph County, NC
Dear Sue:
Enclosed you will find a courtesy copy of the pre -construction notification (PCN) fora
Nationwide Permit (NWP) 33 for the referenced project for Randolph County, NC. An
agent authorization letter, drawings of the proposed development (temporary stream
crossing), and jurisdictional determination documents are also enclosed with the PCN.
In accordance with the terms of NC Water Quality Certification Number 3893, we
believe that written approval for a 401 Water Quality Certification is not required for the
proposed activity. If this is determined by you to be incorrect, please advise at your
earliest convenience so our submittal to you can be updated.
If you have any questions or comments, please call us at (704) 523-4726.
Sincerely,
S&ME, Inc.
Mark A. Taylor, PE
Senior Engineer
Enclosures
C: John Workman, Waste Management of Carolinas, Inc.
Paxton Arthurs, Randolph County
SWE, INC / 9751 Southern Pine Blvd / Charlotte, NC /p 704 523 4726 / IF 704.525.39531 www.smelnc.=n
oc�QF w n rFgoc
� r >
Office Use Only
`✓j ` Corps action ID no
J ` DWQ project no
Form Version 1 4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a. Type(s) of approval sought from the Corps:
❑x Section 404 Permit ❑ Section 10 Permit
1 b Specify Nationwide Permit (NWP) number: 33 or General Permit (GP) number-
umber1c
1c
Has the NWP or GP number been verified by the Corps's
❑Q Yes ❑ No
1 d
Type(s) of approval sought from the DWQ (check all that apply):
❑Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification.
❑ Yes ❑x No
For the record only for Corps Permit -
❑ Yes El No
1f
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program
❑ Yes E] No
1g
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below
❑ Yes ❑x No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑x No
2.
Project Information
2a
Name of project
Great Oak Landfill — Temporary Stream Crossing
2b
County-
Randolph
2c
Nearest municipality / town
Asheboro
2d. Subdivision name:
N A
2e
NCDOT only, T I P or state project no
3.
Owner Information
3a
Name(s) on Recorded Deed
Randolph County
3b.
Deed Book and Page No.
Bk 2343, Pg 191
3c.
Responsible Party (for LLC if
applicable) -
Paxton Arthurs
3d. Street address:
725 McDowell Road
3e. City, state, zip
Asheboro, NC 27205
3f
Telephone no
(336) 318-6653
3g
Fax no •
N A
3h
Email address.
Paxton Arthurs@randolphcountync gov
Page 1 of 10
PCN Form — Version 1.4 January 2009
4.
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent Other, specify: Lessee, Operator
4b
Name
John Workman
4c
Business name
(if applicable)-
Waste Management of Carolinas, Inc
4d
Street address
3597 Old Cedar Falls Rd.
4e
City, state, zip•
Randleman, NC 27317
4f
Telephone no
(770) 590-3308
4g
Fax no
4h
Email address
jworkman@wm.com
5.
Agent/Consultant Information (if applicable)
5a
Name-
Mark Taylor
5b. Business name
(if applicable).
S&ME, Inc
5c
Street address
9741-H Southern Pine Blvd
5d
City, state, zip,
Charlotte, NC 28273
5e
Telephone no
(704) 523-4726
5f
Fax no.
(704) 525-3953
5g. Email address-
mataylor@smeinc com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a Property Identification no. (tax PIN or parcel ID):
7772865823
lb Site coordinates (in decimal degrees):
Latitude. 35.7449 Longitude. -79 7471
1c Property size-
667 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project
Gabriels Creek, dust above confluence with Deep River
2b Water Quality Classification of nearest receiving water
C
2c River basin.
Cape Fear
3. Project Description
3a Describe the existing conditions on the site and the general land use In the vicinity of the project at the time of this
application
Site condition is recently timbered forest land in uplands and pasture in floodplain of Gabriels Creek
3b List the total estimated acreage of all existing wetlands on the property. 1,37
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 9,830
3d Explain the purpose of the proposed project.
The protect entails development of a temporary stream crossing for earthmoving operations before a permanent crossing (bridge) is in place
3e. Describe the overall project in detail, including the type of equipment to be used -
The protect is primarily a waste containment facility formed by site grading to create disposal areas using conventional heavy earth moving equipment
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) In thepast?
x❑ Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑x Final
4c If yes, who delineated the jurisdictional areas?
Name (if known)- C Brookshire
Agency/Consultant Company: Golder Associates NC, Inc
Other -
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
USACE NOJD 03/12/2013 NCDWQ Stream Determination 02/09/2013
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ❑x No ❑ Unknown
5b If yes, explain in detail according to "help file" instructions
6. Future Project Plans
6a. Is this a phased project?
❑x Yes ❑ No
6b. If yes, explain
The landfill will be developed in phases over decades The initial phase is the only phase requiring the subject NWP
Page 3 of 10
PCN Form — Version 1 4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply).
❑ Wetlands Q Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
Wetland impact
number
Permanent (P) or
Temporary T
2b
Type of impact
2c.
Type of wetland
2d
Forested
2e
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g Total Wetland Impacts:
2h Comments.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted
3a
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f
Average
stream
width
(feet)
3g
Impact
length
(linear
feet)
S1 T
Type In (Crossing)
Gabnels Creek
PER
Corps
25
55
S2 -
Choose one
-
-
S3 -
Choose one
-
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
55
31 Comments
See attached plan drawing for proposed location and attached detail and sketches for proposed crossing geometry and materials, including stream bed
and bank restoration after crossing is removed Proposed duration of crossing is less than 6 months while earthmoving requires excess sod to be
transported from east to west side of creek
Page 4 of 10
PCN Form —Version 1 4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S then indiv ually list all open water impacts below.
4a
Open water
impact number
Permanent (P) or
Temporary T
4b
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d. 5e
Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
Flooded
Filled Excavated Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments
5h Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres).
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts
below If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other
6b
Buffer Impact
number —
Permanent (P) or
Temporary T
6c
Reason for impact
6d
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g
Zone 2
impact
(square
feet
61 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
64 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h Total Buffer Impacts:
61 Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Temporary stream impacts are unavoidable with a culverted stream crossing, but they can be minimized by 1) adhering to accepted design and
construction standard practices (NCDEQ or NCDOT), 2) providing strict contractor oversight, and 3) utilizing conservation -based, in -stream best
management practices to minimize bank disturbance and restore the stream bed and banks using natural materials and riparian vegetation
lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Measures taken include 1) relying on NCDEQ Practice Standard 6.70 (or NCDOT Standard Drawing 1645 01), which limits in -stream fill to
dimensionally and chemically stable quarried stone, 2) avoiding any excavation of stream banks by designing for fill and culvert placement within the
existing channel to the tops of banks (followed by clean removal upon abandonment), 3) cutting trees on banks flush with the ground and leaving
stumps intact, 4) utilizing sediment controls on floodplains adjacent to the crossing, and 5) restoring the banks with natural rock and woody vegetation
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑z No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a Name of Mitigation Bank.
3b Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity,
Quantity:
Quantity.
3c Comments -
4. Complete if Making a Payment to In -lieu Fee Program
4a Approval letter from in -lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation, stream temperature.
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f Non -riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5. Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1 4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer.Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
E]
buffer mitigation9
6b. If yes, then identify the square feet of impact to each zone of, the riparian buffer that requires mitigation.' Calculate the
amount of mitigation required
6c.
6d.,
6e
Zone f
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1 `
3 (2 for Catawba) _
Zone -2
1 5
6f Total buffer mitigation required:
6g " If buffer mitigation is required, discuss,what type of mitigation is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. -Comments:
Page 7 of 10
Yes, ❑z No
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes 0 No
within one of the NC Riparian Buffer Protection Rules?
1 b
If yes, then is a diffuse flow plan included? If no, explain why
❑ Yes ❑ No
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
0%
2b
Does this project require a Stormwater Management Plan?
❑ Yes ❑,r No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why -
This project is part of a larger construction protect being permitted for construction stormwater through NCDEQ's
Land Quality Section (DEMLR)
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a
In which localgovernment's jurisdiction is thisproject?
Randolph County
❑ Phase II
❑ NSW
3b.
Which of the following locally -Implemented stormwater management programs
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other.
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
[]Coastal counties
❑HQW
4a
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply)
El Session Law 2006-246
[:]Other
4b
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached
5.
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1 4 January 2009
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
No
use of public (federal/state) land?
lb
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments -
2.
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
❑ Yes
No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b
Is this an after -the -fact permit applications
❑ Yes
0 No
2c
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s).
3.
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
❑x No
additional development, which could impact nearby downstream water quality?
3b
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility
Page 9 of 10
PCN Form — Version 1 4 January 2009
6. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
Q Yes x No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
❑ Yes Q No
impacts?
5c, If yes, Indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Site Suitability Report, Proposed Municipal Solid Waste Landfill, Randolph County, North Carolina, Volume I, Golder Associates NC, Inc, Sept., 2013
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur In or near an area designated as essential fish habitat?
❑ Yes ❑x No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Site Suitability Report, Proposed Municipal Solid Waste Landfill, Randolph County, North Carolina, Volume I, Golder Associates NC, Inc, Sept, 2013
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes Q No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Site Suitability Report, Proposed Municipal Solid Waste Landfill, Randolph County, North Carolina, Volume I, Golder Associates NC, Inc, Sept., 2013
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
[x] Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
It is temporary and does not impede flow on the floodplain.
8c. What source(s) did you use to make the floodplain determination?
Flood Insurance Study Report: Randolph County, North Carolina and Incorporated Areas, January 2, 2008
Mw* A •'rml(or
02 [2i I'Zo 1
Applicant/Agent's Printed Name
Applicant/Agent's Pignature
Date
(Agent's signature Is valid only if an authorization
letter from the applicant is rovided)
Page 10 of 10
RANDOLPH COUNTY PUBLIC WORKS
725 McDowell Road, Asheboro, North Carolina 27205
Phone: (336) 318-6605, Fax: (336) 636-7573
To Whom it may concern:
The undersigned do hereby authorized Mark Taylor of S&ME, Inc. to act on behalf
of Randolph County to take all actions necessary for the processing, issuance
and acceptance of a permit for a Temporary Stream Crossing associated with the
construction of the Great Oak Landfill project.
Property Description:
Parcel ID: 7772865823
Street Address: 3597 Old Cedar Falls Road, Randleman NC 27317
Latitude / Longitude: LAT 35.7449 LONG -79.7471
Legal Property Reference: Deed Book 2343, Page 191
I hereby certify the above information submitted in this application is true and
accurate to the best of my knowledge.
Sincerely,
Hal Johnson
Randolph County Manager
Paxton Arthurs
Randolph County Public Works Dir.
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Notification of Jurisdictional,Dete'rmination,(NOJD);`USACOE
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 201300471 County. Randolph U.S.G.S. Quad: Randleman
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Paxton Arthurs, P.E. - Public Works Director, Randolph County Public Works
Address:
Randolph County Office Building
725 McDowell Road
Asheboro, NC 27205
Telephone No.:
Property description:
Size (acres) Nearest Town Asheboro
Nearest Waterway Deep River River Basin Cape Fear
USGS HUC 03030003 Coordinates N 35.752794 W -79.756936
Location description Randolph County Landfill located off of County Landfill Road adjacent to Gabriels Creek &
other unnamed tributaries of Deep River, east of Asheboro, in Randolph Count y1North Carolina,
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described,property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetland on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on Unless there is a change in the law or'our published regulations, this
determination may be relied upon for a period°not t6'6zceed five years filo n the date of thi's 'riotification'. '
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
Page I of 2
Action ID:
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
'(CAMA) You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding -this
determination and/or the Corps regulatory program, please contact John Thomas at 919 554-4884 ext. 25.
C. Basis For Determination
There are stream channels within your project site which are tributaries of Deep River which flows to the Cape Fear
River and the Atlantic Ocean.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Jean Gibby, Project Manager,
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by May 12, 2013.
**It is not necessary to submit an RFA
correspondence.**
Corps Regulatory Official
Date 03/12/2013
to the District Office if you do not object to the determination in this
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at ham•//resulatoiv.usacesw.vev coin/ to
complete the survey online.
Copyfurnished: Rachel P. Kirkman, Golder Associates NC, Inc., 5B Oak Branch Drive,
Greensboro, North Carolina 27407
Page 2 of 2
Applicant: Randolph County Landfill/ File Number: SAW 2013 Date: March 12, 2013
Paxton Arthurs, P.E., Public Works 00471
Attached is: I See Section below
INITIAL PROFFERED PERMIT (S
Permit or Letter of
/0
LJ PROFFERED PERMIT Standard Permit or Letter ofpermission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a pen -nit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
ii r' n
i!' "+
WN N
,
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact: .
John Thomas @ 919 554-4884 ext. 25 Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn:Jean Gibby, Project Manager, Raleigh
Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn:
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta,
Georgia 30303-8801
_
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Ephemeral,1lnterrhittent,`Perennial Stream .Determination;,NCDENR
aALIrwj
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
February 19, 2013
Mr. Benjamin Draper
Golder Associates NC, Inc.
56 Oak Branch Drive
Greensboro, NC 27407
Subject Property: Randolph County Proposed Landfill, Randleman NC, Randolph County
On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .O506(h))
Dear Mr. Draper:
On October 31, 2012, November 14, 2012 and December 11, 2012, at your request and in yours or Charlie
Hiner's attendance, Sue Homewood conducted on-site determinations to review features located on the
subject property for intermittent/perennial determinations with regards to the above noted state
regulations. John Thomas with the US Army Corps of Engineers (USACE) was also present at the site visit.
The features that were reviewed are identified on the attached map.
The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. The
stream channels identified on the attached revised Wetland Delineation/Stream Identification Map prepared
by Golder Associates are an accurate depiction of all field determinations.
Please note that at the time of this letter, all intermittent and perennial stream channels and jurisdictional
wetlands found on the property are subject to the mitigation rules cited above. These regulations are subject
to change in the future.
The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any
future correspondences concerning this property. This on-site determination shall expire five (5) years from
the date of this letter.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location 585 Waughtown St Winston-Salem, North Carolina 27107
Phone 336-771-50001 FAX 336-771-46301 Customer Service 1-877-623-6748
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
One
North Carolina
Benjamin Draper
Randolph County Proposed Landfill Stream Determination
February 19, 2013
Page 2 of 2
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority
that a surface water exists and that it is subject to the buffer rule may request a determination by the
Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi
Karoly, DWQ, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC
27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that
"exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal
time does not start until the affected party (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing
within 60 days.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve
any activity within Waters of the United States or Waters of the State or their associated buffers. If you have
any additional questions or require additional information please contact me at 336-771-4964 or
sue.homewood@ncdenr.gov
Sincerely,
Sue Homewood
DWQ Winston-Salem Regional Office
Enclosures: USGS Topo Map
Golder Associates Delineation Map
cc: David Townsend, Randolph County Public Works
John Thomas, USACE Raleigh Regulatory Office (via email)
DWQ, Winston-Salem Regional Office
Practice Standards and Specifications
Definition Abridge, ford or temporary structure installed across a stream or watercourse
for short-term use by construction vehicles or heavy equipment.
Purpose To provide a means for construction vehicles to cross streams or watercourses
without moving sediment into streams, damaging the streambed or channel,
or causing flooding.
Conditions Where Where heavy equipment must be moved from one side of a stream channel
Practice Applies to another, or where light-duty construction vehicles must cross the stream
channel frequently for a short period of time.
Planning Careful planning can minimize the need for stream crossings Try to avoid
Considerations crossing streams. Whenever possible, complete the development separately
on each side and leave a natural buffer zone along the stream. Temporary
stream crossings can be a direct source of water pollution; they may create
flooding and safety hazards; they can be expensive to construct; and they can
cause costly construction delays if washed out.
Both fords and culverts may involve placing fill in an intermittent orperiennial
stream or wetland. The need for permits from the U.S. Army Corps of
Engineers or the N. C. Division of Water Quality should be determined when
planning the project.
Select locations for stream crossings where erosion potential is low. Evaluate
stream channel conditions, overflow areas, and surface runoff control at the
site before choosing the type of crossing. When practical, locate and design
temporary stream crossings to serve as permanent crossings to keep stream
disturbance to a minimum.
Plan stream crossings in advance of need and, when possible, construct them
during dry periods to minimize stream disturbance and reduce cost. Ensure
that all necessary materials and equipment are on-site before any work is
begun. Complete construction in an expedient manner, and stabilize the area
immediately.
Often stream crossings are provided in conjunction with operations in a
natural watercourse. Land disturbing activity in connection with construction
in, on, over, or under a lake or natural watercourse shall minimize the extent
and duration of disruption of the stream channel. Where relocation of a
stream forms an essential part of the proposed activity, the relocation shall
minimize unnecessary changes in the stream flow characteristics. Pumping
or diverting stream flow around a work area is often the best way to minimize
the disruption of the stream channel. Any diversions should be stabilized with
adequate geotextile fabric or stone.
After the bypass is completed and stable, the stream may be diverted (Practice
6.15, Riprap). Small stream flows may be diverted around work areas with a
coffer dam and pump instead of construction of a bypass channel.
Rev. 6/06
6.70.1
T �--^—
F6]
Unlike permanent stream crossings, temporary stream crossings may be al-
lowed to overtop during peak storm periods. However, the structure and ap-
proaches should remain stable. Keep any fill needed in flood plains to a mini-
mum to prevent upstream flooding and reduce erosion potential. Use riprap to
protect locations subject to erosion from overflow.
If permanent utility crossings are planned, stream crossings may be located at
these locations to minimize stream impacts.
Stream crossings are of the three general types: bridges, culverts, and fords.
Consider which method best suits the specific site conditions.
Bridges—Where available materials and designs are adequate to bear the ex-
pected loadings, bridges are preferred for temporary stream crossing.
Bridges usually cause the least disturbance to the stream bed, banks, and sur-
rounding area. They provide the least obstruction to flow and fish migra-
tion. They generally require little maintenance, can be designed to fit most
site conditions, and can be easily removed and materials salvaged. However,
bridges are generally the most expensive to design and construct. Further,
they may offer the greatest safety hazard if not adequately designed, installed,
and maintained, and if washed out, they cause a longer construction delay and
are more costly to repair.
In steep watersheds it is recommended to tie a cable or chain to one corner of
the bridge frame with the other end secured to a large tree or other substantial
object. This will prevent flood flows from carrying the bridge downstream
where it may cause damage to other property.
Culvert crossings—Culverts are the most common stream crossings. In many
cases, they are the least costly to install, can safely support heavy loads, and
are adaptable to most site conditions. Construction materials are readily avail-
able and can be salvaged. However, the installation and removal of culverts
causes considerable disturbance to the stream and surrounding area. Culverts
also offer the greatest obstruction to flood flows and are subject, therefore,
to blockage and washout. Clean stone should be used for back fill around
culverts
Culverts should be used when vehicles will make repeated trips across the
stream during construction, or track mud into the stream.
Fords—Fords, made of stabilization material such as rock, are often used in
steep areas subject to flash flooding, where normal flow is shallow (less than
3 inches deep) or intermittent. Fords should only be used where crossings are
infrequent. Fords are especially adapted for crossing wide, shallow water-
courses (Figure 6.70a).
6.70.2
Rev. 6106
Practice Standards -and Specifications
When properly installed, fords offer little or no obstruction to flow, can safely
handle heavy loadings, are relatively easy to install and maintain, and in most
cases, may be left in place at the end of the construction.
Problems associated with fords include the following-
1, Approach sections,are, subject to ;erosion' Generally, do, not use fords
where the bank height exceeds 5 feet.
2. Excavation for the installation of the riprap-gravel bottom and filter
material causes major stream disturbance. In some cases, fords may be
adequately constructed by shallow filling without excavation.'
3.1 The stabilizing material is subject to washing out_during storm flows and
may require replacement.
4. -Mud and other contaminants are brought. directly into the stream on
vehicles unless crossings are limited to no flow conditions.
Stream Channel
5' max bank
height - Surface Flow .
Diversions
4
rVk
2 -aA. Mµ� � • -` �s� {a 'ire 1�T',i �. 2�"''�
- '-c
Stone approach section
1 a° 5:1 max, slope on road
over
" ' g otexttle
Surface Flow'
Diversion
Origin
Streambarlk ,
Clean Stone Geotextile
-Fabric
Figure 6.70a Awell constructed ford offers little obstruction to flow while safely-handling heavy loading.
Rer: 6106 6.70.3
Flow
Class B Erosion
' NC,DOT#5'or �^,: �,,�'. Stone
�'
#57,washed stone
.��TM✓ � k � 1 I r/..v `�/ ire. "�^:r.; I" e.v- jG , `,• i r � _ -. . .
' , ' ' •'� fi � ,Ip�f' �� r �r $ l` ,/ �°, ✓a�vf�� ��� ,1 ` .�ti r � r � .
� �"E ;' Ws ��� y'�t&'8,��.4� - "`�a =• '
JI
'�:. -'t «�, K,Kpa, ,ate, }A�' •t,�i1 r `,�px so ��`,t "��* _
�1'�"' .
4It
.-
i i � , _ � ,� i � _ ��"�%'' 9 ✓ <a ��a s-'K�. ,�?�' � �''-��' � Mrd,.• z, ��i>,.%� _ ;';�, ,
' -' _ .. i`..`' y'�y�gg`/ , � `f �re�� �•a,� '� � �t � i l£ iY", 5 `epp. .� it _ ,pit � � �� ! � � ~ r _
�f'z'AM
.. a: . ,. r .tom`% •, _ , ,
• St`ream � � _
Channel a r.
`I Capacity of pipe, culverts
,NCDOT #5 or #5T
washed stone together = bankfull flow
Class B Erosion '
Stone
7l�`?+`. �—ryyll 1a, -Vi • _ 1� � . � ! � •i �
iii/ .�'�
I diameter of pipe or 12" ,•� v )r ? �r
whichever is greater
Filtei•,Cioth
Figure 6.TOb Temporary culvert backfilled with stone.
6.70.4
Rev. 6/06 _
' S t r
Practice Standards and Specifications
Permitting requirements from the U.S. Army Corps of Engineers and the NC
Division of Water Quality should be determined for stream crossings. Permit
conditions may require that pipes be buried below stream bottom elevation.
Small stream flows may be diverted around work areas with a cofferdam and
pump instead of construction of a bypass channel.
If permanent utility crossings are planned, stream crossings may be located at
these locations to minimize stream impacts.
Design Criteria In addition to erosion and sedimentation control, structural stability, utility,
and safety must also be taken into consideration when designing temporary
stream crossings. Bridge designs, in particular, should be undertaken by a
qualified engineer.
• The anticipated life of a temporary stream crossing structure is usually
considered to be 1 year or less. Remove the structure immediately after it
is no longer needed.
As a minimum, design the structure to pass bankfull flow or peak flow,
whichever is less, from a 2 -year peak storm, without over topping. Ensure
that no erosion will result from the 10 -year peak storm.
• Ensure that design flow velocity at the outlet of the crossing structure
is non-erosive for the receiving stream channel (References: Outlet
Protection).
• Consider overflow for storms larger than the design storm, and provide a
protected overflow area.
• Design erosion control practices associated with the stream crossing to
control erosion from surface runoff at the crossing and during a 10 -year
peak storm runoff.
Construction 1. Keep clearing and excavation of the stream banks and bed and approach
Specifications sections to a minimum.
2. Divert all surface water from the construction site onto undisturbed areas
adjoining the stream.
3. Keep stream crossings at right angles to the stream flow.
4. Align road approaches with the center line of the crossing for a minimum
distance of 30 feet. Raise bridge abutments and culvert fills a minimum of 1
foot above the adjoining approach sections to prevent erosion from surface
runoff and to allow flood flows to pass around the structure.
5. Stabilize all disturbed areas subject to flowing water, including planned
overflow areas, with riprap or other suitable means if design velocity exceeds
the allowable for the in-place soil (Table 8.05a, Appendix 8 05).
6. Ensure that bypass channels necessary to dewater the crossing site are
stable before diverting the stream. Upon completion of the crossing, fill,
compact, and stabilize the bypass channel appropriately.
7. Remove temporary stream crossings immediately when they are no longer
needed. Restore the stream channel to its original cross-section, and smooth
and appropriately stabilize all disturbed areas.
8. Any in -stream sediment control measures must be removed upon
stabilization of the area.
Rev. 6106 6.70.5
Maintenance , lnspect temporarystream crossings after "runoff -producing rains to check for
blockage in channel, erosion of abutments, channel scour,, rnprap displacement,
or piping.. Make all repairs immediately'to prevent frther damage to the
installation.
Refe ehc@S, •Surface Stabilisation ,
6.15, Riprap
Outlet Protection
6.41, Outlet Stabilization Structure
Appendices
8.05, Design of Stable Channels and Diversions—'
_ -
6.70.6 Rev. 6106