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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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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 _ � r -- � ". i1 .r. ~ •- � - a .t— _, v r _ •dry _ _ - • � . rim �' • • t..+ r�^,1 •'r r l _ ', r�' � y1r �' ^' 'T •','r + 'fir' `' , i���a �f, n- ayv -rn' -� � �_�'i 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