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HomeMy WebLinkAbout20160279 Ver 1_Major Variance_20160316CAROLINA COSYSTEMS, INC. TRANSMITTAL FORM To: Ms. Karen Higgins NCDWR - 401 Unit 1617 Mail Service Center Raleigh NC 27699-1617 We are sending you: ® Attached The following items: 3040 NC 42 West; Clayton, NC 27520 P:919-606-1065 — F:919-585-5570 Date: 3/16/2016 Project: Waste Industries - High Point Landfill Reference No.: ❑ Email ❑ Under Separate Cover COPIES DATE ITEM NO. DESCRIPTION 3 3/14/2016 1 Variance Application Form & City Variance Docs 1 3/14/2016 2 DVD of above These items are transmitted as checked below: rr�� ® For approval ❑ Approved as submitte @ l5 0 d ❑ For your use ❑ Approved as noted D ❑ As requested ❑ Please return MAR1 22016 ❑ For review and comment ❑ Other: Comments: As requested by Sue Homewood, the City Randleman Variance documents are provided, along with a Major Variance Application Form. Please let me know if you need anything else. Signed: Name: Title: Senior Scientist Copied to: Sue Homewood - NCDWR Winston-Salem Stacey Smith, P.E. - Smith Gardner, Inc. David Pepper - Waste Industries, Inc. 1) W��R iDivlsion of Water Resources State of North Carolina Department of Environment and Natural Resources Division of Water Resources 15A NCAC 02B.0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c),.0607 (e)(2) Protection and Maintenance of Riparian Areas Rules - Variance Application FORM: VAR 10-2013 PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES: ❑ Neuse River Basin (15A NCAC 02B.0233) E. Major Variance ❑ Minor Variance ❑ Catawba River Basin (15A NCAC 02B.0243) ❑ Randleman Lake Water Supply Watershed (15A NCAC 028.0250) X Major Variance:� Minor Variance ❑ Tar -Pamlico River Basin (15A NCAC 026.0259) Major Variance ❑ Minor Variance ❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 02B.0267) n Major Variance 0 Minor Variance Goose Creek Watershed (15A NCAC 028.0606 & 15A NCAC 02B.0607) A. General Information 1. Applicant's Information(if other than the current property owner): Name: Title: Street Address: City, State & Zip: Telephone: Email: �mC�MOWE n 1mne i ems U 2 0 1 60 2 7 9 2. Property Owner/Signing Official (person legally responsible for the property and its compliance): Name: WI High Point Landfill LLC - David Pepper Title: Director of Capital Projects Street Address: 3301 Benson Drive City, State & Zip: Raleigh NC 27609 Telephone: 919-662-7100 Email: david.pepper@wasteindustries.com FORM: VAR 10-2013 3. Agent Information: 3a. Name: Company Affiliation Street Address: City, State & Zip: Telephone: E-mail: Philip May Carolina Ecosystems, Inc. 3040 NC 42 West NC 27520 919-606-1065 phil.may@carolinaeco.com 3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner. 4. Project Name (Subdivision, facility, orestablishmentname): Waste Industries— High Point C&D Landfill 5. Project Location: 5a. Street Address: 5822 Riverdale Drive City, State & Zip: Jamestown, NC 5b. County: Guilford 5c. Site Coordinates (in decimal degrees): 35.949920 Latitude -79.921897 Longitude 5d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site. 5e. Attach an 8 %: x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site. 6. Property Information: 6a. Property identification number (parcel ID): REID 0213048 / PIN 7820619560 6b. Date property was purchased: 3/28/2012 6c. Deed book 007335 and page number 00400 6d. Map book and page number 6e. Attach a copy of the recorded map that indicates when the lot was last platted. 7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)? ❑ YES X NO 7a. If you answered yes above, in which AEC do you fall (30 ft or 75 ft)? N/A 7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC? N/A FORM: VAR 10-2013 Page 2 of 6 8. Directions to site from nearest major intersection: From Business 1-85 in High Point, take the Kivett Drive exit. Go west on Kivett approximately 1 mile. Turn right on le Drive. Site is on 9. Stream associated with riparian buffer to be impacted by the proposed activity: Name Water Quality Classification UT to Richland Creek WS -IV CA 9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ NO 10. List any permits/approvals that have been requested or obtained for this project in the past (including all prior phases). Date Applied: Date Received: Permit Type: 10/30/2001 High Point Conditional Use Permit 5/14/2003 NCDENR Solid Waste Permit to Construct 2/10/2004 NCDENR Solid Waste Permit to 0 8/4/2014 NCDENR Solid Waste Permit Modification B. Proposed Activity 1. Project Description 1a. Provide a detailed description of the proposed activity including its purpose: See attached 9-25-15 Variance application cover letter. 1b. Attach a site plan showing the following items as applicable to the project: 0 Development/Project name 0 Revision number & date 0 North arrow 0 Scale (1" = 50' is preferred) 0 Property/project boundary with dimensions 0 Adjacent streets and roads labeled with names and/or NC State Road numbers 0 Original contours and proposed contours 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries 0 Mean high water line (if applicable) 0 Wetlands delineated, or a note on plans that none exist 0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries 0 Extent of riparian buffers on the land including Zone 1 and Zone where applicable 0 Location and dimension of the proposed buffer impact (label the area of buffer impact in Won the plan) FORM: VAR 10-2013 Page 3 of 6 0 Details of roads, parking areas, cul-de-sacs, sidewalks, and curb and gutter systems 0 Footprint of any proposed buildings or other structures 0 Discharge points of gutters on existing structures and proposed buildings 0 Existing drainage (including off-site), drainage easements, and pipe dimensions 0 Drainage areas delineated C. Proposed Impacts and Mitigation 1. Individually list the square footage of each proposed impact to the protected riparian buffers: Buffer Impact Number'— Reason for Impact Buffer Zone 1 Impact Zone 2 Impact Permanent (P) or Mitigation (square feet) (square feet) Temporary (T) Required (square feet) 131 - ® P ❑ T Landfill expansion X Yes ❑ No 23,718 16,168 B2 - ❑P ❑T ❑ Yes ❑No 16,168 B3 - ❑P ❑T ❑ Yes ❑No Total Buffer Mitigation Required: 95,406 Total Buffer Impacts 39,886 'Label on site plan 2. Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate the amount of mitigation required. 'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1 and use Zone 1 multiplier. 3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable river basin/watershed. Mitigation will be provided by the NC Division of Mitigation Services (see attached ILF Approval Letter) 3a. Is buffer restoration or enhancement proposed? ❑ Yes X No If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the protected riparian buffers, and a plan sheet showing the proposed location of the plantings. 3b. Is payment into a buffer restoration fund proposed? X Yes ❑ No If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement Program stating they have the mitigation credits available for the mitigation requested. FORM: VAR 10-2013 Page 4 of 6 Required Zone Total Impact Multiplier Mitigation (square feet) (square feet) Zone 11 23,718 (2 for Catawba only) 71,154 Zone 2 16,168 1.5 24,252 Total Buffer Mitigation Required: 95,406 'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1 and use Zone 1 multiplier. 3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable river basin/watershed. Mitigation will be provided by the NC Division of Mitigation Services (see attached ILF Approval Letter) 3a. Is buffer restoration or enhancement proposed? ❑ Yes X No If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in the protected riparian buffers, and a plan sheet showing the proposed location of the plantings. 3b. Is payment into a buffer restoration fund proposed? X Yes ❑ No If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement Program stating they have the mitigation credits available for the mitigation requested. FORM: VAR 10-2013 Page 4 of 6 D. Stormwater 1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re -planting vegetation or enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.). Stormwater will be controlled as shown in the attached engineering plans. Appropriately sized basins will be designed and constructed to retain and treat stormwater to meet required standards. The outflow from the basins will be controlled and discharge rates will be non-erosive. Stormwater management devices, 0&M agreements, and other associated documentation will be provided through the City of High Point's stormwater management review and approvals. 1a. Show the location of diffuse flow measure(s) on your site plan. 1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed measure. 1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP. 2. For Major, Catawba, and Goose Creek variance requests, provide a description of all best management practices (BMPs) that will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater. The site will be primarily pervious, as the landfill cap will be vegetated as shown in the attached plans. Therefore, there will be minimal runoff from impervious surfaces on the site. During the 1 -year 24 hour storm event, there would be no discharge from the proposed basins. BMPs will be designed and permitted through the City of High Point. 2a. Show the location of BMPs on your site plan. 2b. Attach a Supplement Form for each structural BMP proposed. 2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed. E. Demonstration of Need for a Variance The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a variance when there are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of riparian buffer protection. 1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable return from or make reasonable use of your property. Merely proving that the variance would permit a greater profit from the property shall not be considered adequate justification for a variance. The Division will consider whether the variance is the minimum possible deviation from the terms of the applicable Buffer Rule that shall make reasonable use of the property possible. See attached 9-25-15 Variance cover letter— page 7 item e FORM: VAR 10-2013 Page 5 of 6 2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors such as deed restrictions or other hardships (e.g. zoning setbacks, floodplains, etc). See attached 9-25-15 Variance cover letter— page 5 item a. 3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different from that of neighboring property. See attached 9-25-15 Variance cover letter— page 5 item b. 4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule. See attached 9-25-15 Variance cover letter— page 6 item c. 5. For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only: Did the applicant purchase the property after the effective date of the applicable Buffer Rule and then request a variance? N/A 6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread. See attached 9-25-15 Variance cover letter— page 7 item d. F. Deed Restrictions By your signature in Section G of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded drainage easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. G. Applicant's Certification I, David Pepper (print or type name of person listed in Section A, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Section F of this form will be recorded with all required permit conditions. 1 Signature: 7 Philip May (Authorized Agent — see attached) Date: 3/14/2016 FORM: VAR 10-2013 Page 6 of 6