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HomeMy WebLinkAbout20160279 Ver 1 _Variance Cover _20160316DocuSign Envelope ID: 113437A6-E16E-419A-8CCA-1C939605FFEA SMITH GARDNER September 25, 2015 City of High Point Technical Review Committee 211 South Hamilton Street High Point, NC 27260 ADDRESS TEL WEB 14 N. Boylan Avenue, Raleigh NC 27603 919.828.0577 www.smithgardnerinc.com RE: TRC Watershed Plan Application & Major Variance Request High Point CRD Landfill Jamestown, North Carolina Dear Technical Review Committee: The purpose of this letter and application is to request the City of High Point's (City) review, favorable recommendation, and forwarding of a Major Variance to the NC Environmental Management Commission as described in City ordinance Section 9-9-11 (Ordinance). The proposed project varies from the Randleman Lake Water Supply Watershed: Protection and Maintenance of Existing Riparian Buffers rule (15A NCAC 02B .0250) (Rule). Application of the Rule and Ordinance as currently required on the High Point Construction and Demolition (C&D) Landfill Property would restrict both the capacity and lifespan of the solid waste facility. The required buffers on this property, due to its size, configuration, and proximity to the critical area of Randleman Lake, present unnecessary hardship and practical difficulties to its intended use as a C&D landfill. This letter describes the project and the justification for this variance request, as required by the Rule and Ordinance. Also enclosed are supporting documents for the request including site maps, engineering plans, site photographs, and preliminary stormwater design. We respectfully request your consideration of this information during your evaluation of this project. Background Information The High Point C&D Landfill (Site) is located at 5822 Riverdale Drive, Jamestown NC, in southwestern Guilford County (Figure 1). It lies within the Deep River watershed of the Cape Fear River (8 -digit HUC 03030003). Stream and wetland resources on the site drain to an unnamed tributary of Richland Creek (17-7-(4)), which carries a NC Division of Water Resources (NCDWR) classification of WS -IV. The Site (Guilford County PIN 0213048) is a 153.8 acre tract. Existing development on the property includes a scale house and office, a recycling center, maintenance building and parking/storage area, the existing C&D landfill, and the future landfill cell areas that are currently pasture, scrub, and forest (Figure 2). The remainder of the property is within the Randleman Lake critical area, and is reserved for stormwater basins, minor grading, and a recorded easement for a future City relocation of Kersey Valley Road, per the Conditional DocuSign Envelope ID: 113437A6-E16E-419A-8CCA-1C939605FFEA Technical Review Committee September 10, 2015 Page 2 of 10 Use Permit (CUP) and in compliance with water supply watershed requirements. This reserved area takes up approximately 73 acres or 47% of the entire site. The proposed landfill expansion area contains two drainages with wetlands and a stream under the jurisdiction of the Clean Water Act (CWA). The stream would also be under the jurisdiction of the Rule/Ordinance. The depiction of CWAjurisdictional resources shown in Figure 2 and Engineering Figure 1 have been verified in the field by Mr. David Bailey of the US Army Corps of Engineers (USACE) on 8/26/2014. Stream buffers shown are based on a NC Division of Water Resources (NCDWR) determination by Ms. Sue Homewood on 12/11/2014 after an appeal of the City determination (see Appendix 1). Project Purpose and Need The purpose of the Waste Industries High Point C&D Landfill Expansion is to provide construction and demolition waste capacity to serve the growth and development over the next 20 or more years in High Point and the Triad area. The project goal is to realize the previously planned and permitted waste capacity of the landfill as approved in the facility's CUP and Solid Waste Permit, while avoiding the designated water supply critical area on the site. Due to the rapid growth in the Triad area, there is a continuous demand for C&D disposal. As can be seen in Figure 3, there are a limited number of C&D facilities in the area. Ten C&D Landfills occur within 50 -miles of the Site. The permitted capacities of each of these landfills are shown in Table 1. Only three of the ten alternative existing disposal locations are private facilities, while the remainder are public and take waste primarily from their local area. The total available capacity of all these sites does not meet the future demand for C&D disposal over the next several decades. It should be noted that many of those capacities do not represent actual available capacity, but rather maximum site capacity that may not be realized. For example, the Site is shown on NC Department of Environment and Natural Resources (NCDENR) records to have 4.7 million cubic yards (MCY) of capacity, while the full build out capacity proposed for this site is 3.3 MCY. DocuSign Envelope ID: 113437A6-E16E-419A-8CCA-1C939605FFEA Technical Review Committee September 10, 2015 Page 3 of 10 TABLE 1: Permitted CEO Landfills Figure 3 Location ID Permit Name Public/ Private Gross Capacity (cy) Remaining Airspace (cy) Remaining Life (yrs) P0792 Albemarle, City Of, CDLF Public 2,390,900 1,757,527 10.4 P0796 Cabarrus County CDLF Public 535,284 165,055 0.6 P1019 Gold Hill Road C&D Debris Landfill Private 1,114,400 566,170 15.9 P1051 Davidson County CDLF Public 308,752 107,932 4.1 P0563 Austin Quarter C&D Unit Public 338,897 115,601 12.9 P0879 Cobles C&D Landfill Private 6,935,903 6,089,192 45.9 P1067 High Point C&D Debris Landfill Private 4,773,968 4,700,995 21.9 P1170 Orange County C&D Landfill Public 790,000 652,900 12.0 P0970 A-1 Sandrock C&D Landfill Private 2,231,848 1,930,228 12.8 P0708 Old Salisbury Road CDLF Public 4,030,000 1,282,746 3.8 P0801 Greensboro, City Of Public 2,525,443 1,202,343 25.1 - Gross capacity determined from most recent Permit to Construct or Permit to Operate. - Remaining airspace determined from 2012-2013 Annual Facility Report - Remaining Life calculated assuming LF receives waste in the amount equal to permitted limit each year and two years subtracted. Project Alternatives Alternative site designs were evaluated that encompassed complete avoidance of all resources to multiple minimization alternatives. Each of these is presented in Table 2, along with the attached engineering exhibits, and evaluated below. Intermediate alternatives between these options were considered, but not included as they did not provide significant or practical differences from the options below. TABLE 2: High Point CEO Landfill Expansion Alternatives ac = acres; mcy= million cubic yards; if = linear feet No Impact Option (Engineering Figure 2) The avoidance of all jurisdictional features (buffers, streams, and wetlands) was evaluated but deemed not practical as it creates fragmented cells. The areas remaining for landfill with this option yield approximately 0.98 MCY of capacity, which Waste Impacts Alternative Capacity Wetland Stream Buffers s ft. (sq.ft.) (see attached plans) Area (mcy) (ac) (ac) (if) Zone 1 / Zone 2 No Impact 33.4 1.0 0 ac 0 0/0 Minimization Impact I 41.3 2.0 0.55 0 0/0 Minimization Impact II 44.0 2.7 0.59 0 0/0 Proposed Project 46.0 3.3 0.59 394 23,718 / 16,168 ac = acres; mcy= million cubic yards; if = linear feet No Impact Option (Engineering Figure 2) The avoidance of all jurisdictional features (buffers, streams, and wetlands) was evaluated but deemed not practical as it creates fragmented cells. The areas remaining for landfill with this option yield approximately 0.98 MCY of capacity, which DocuSign Envelope ID: 113437A6-E16E-419A-8CCA-1C939605FFEA Technical Review Committee September 10, 2015 Page 4 of 10 is a 70% loss compared to the proposed project. Due to the cost and difficulty of permitting, constructing, and maintaining three mostly isolated cell units, this option was not determined to be feasible. Minimization of Impact Option 1(Engineering Figure 3) This option avoids the primary drainage on the site including the existing stormwater BMP and wetlands above the subject buffered stream. This landfill configuration would involve wetland impacts that would require issuance of an Individual Permit from the USACE. The option results in two distinct landfill cells that yield approximately 1.8 MCY of capacity, which is about a 45% loss compared to the proposed project. The watershed of the subject drainage would be altered by this configuration, resulting in a change from 35 acres to 6.5 acres. Stormwater runoff from the remaining acreage would be discharged in a similar location to the Proposed Project. Due to the significant loss of landfill volume, in combination with the change in site hydrology and potential long-term drainage of the upper portion of the stream channel (see Finding of Fact Item 1 b), this option was determined not practical. In addition, to retain maximum drainage into the stream channel, a BMP would be required in jurisdictional wetlands, which is often difficult to permit through the CWA. Minimization of Impact Option 2 (Engineering Figure 4) This option would avoid all stream and buffer impacts and not require a variance from either the City or State. This landfill configuration involves similar wetland impacts as Minimization Option 1 and the Proposed Project, and would require a CWA permit. This option results in a landfill capacity of 2.675 MCY, which is a 19% loss versus the proposed project. While this is a much greater landfill volume than the No Impact and Minimization Option 1, the drainage to the subject stream would be radically altered. Less than an acre of landfill berm slopes would drain to the stream, and runoff from the remaining 35 -acre watershed would be rerouted and captured in on- site BMPs before discharging at a similar point to that of the Proposed Project. This Loss of hydrologic input to the upper reach of stream would likely reduce or eliminate function down to a point where groundwater flow significantly contributes to the stream (regular intersection of the stream channel and water table). Based on site hydrogeologic data, this point is near the limit of impact of the Proposed Project as described below. This option is not deemed preferable due to the loss of approximately 20% capacity, associated with a similar long-term stream impact as the Proposed Project. Proposed Project (Engineering Figure 5) The proposed project involves building the full allowable capacity of the landfill anticipated under the existing CUP and Solid Waste Permit. Impacts to wetlands would be similar to other options, but there would also be impacts to both stream and riparian buffers. Since the avoidance of the stream would likely cause similar Long- DocuSign Envelope ID: 113437A6-E16E-419A-8CCA-1C939605FFEA Technical Review Committee September 10, 2015 Page 5 of 10 term effects as described above, the Proposed Project was deemed the most practical alternative. Building Minimization Option 2 and waiting a number of years to evaluate the condition of the subject stream was considered, as this would avoid the need for a variance or any compensatory stream and buffer mitigation. Due to the uncertainty of the exact location where the stream characteristics would be retained, and the difficulty of constructing and maintaining a "bowl" around the stream, it was determined to be better to accept the proposed impact and provide compensatory mitigation to offset this loss. Based on the change between pre and post -construction drainage, there would be a significant loss of drainage contributing to the subject stream's upper reaches with all practical landfill options (Minimization Option 2 and Proposed Project). This would have a long term effect on the hydrology of the subject stream to such an extent that it might no Longer be jurisdictional in the future. Similar situations on other solid waste sites have shown this to be a valid concern, due to the reconfiguration of on-site drainage associated with these facilities. This, in addition to the large loss of landfill capacity, resulted in the Proposed Project being chosen. Findings of Fact Per City Ordinance Section 9-9-11, the following findings of fact are provided for your consideration. Each City ordinance item is provided below in italics. (1) There are practical difficulties or unnecessary hardships that would prevent compliance with this title. There are several practical difficulties and unnecessary hardships that result from the strict application of the Rule, as follows: a) The hardship results from application of this title to the property rather than from other factors such as deed restrictions or other hardships. There are no other restrictions on the proposed landfill that would restrict its eastward expansion, beside the Rule and CWA permitting. Expansion plans showing the proposed project have been approved under a City CUP (Appendix 2) and a NCDENR Solid Waste Permit (Appendix 3). The CWA Individual Permit would be applied for upon conclusion of the variance process, and coordination with the USACE and NCDWR has been initiated. The only deed restriction on the site is a road right-of-way dedicated for the City's future realignment of Kersey Valley Road to allow for expansion of the City's MSW landfill. Watershed restrictions apply to the southern portion of the site, preventing landfill cells within approximately 47% of the site (Figure 2). b% The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, such that compliance with the provisions of this title would not allow reasonable use of the property. DocuSign Envelope ID: 113437A6-E16E-419A-8CCA-1C939605FFEA Technical Review Committee September 10, 2015 Page 6 of 10 The physical nature of this site is the key constraint limiting landfill expansion alternatives and preventing reasonable use of the property. Expansion to the south is not possible due to compliance with the Water Supply Watershed critical area for the Randleman Reservoir. Expansion to the west is not possible due to a perennial stream and the City of High Point's Municipal Solid Waste (MSW) Landfill. Expansion to the north is not possible because of an existing road and established recycling facility, which is a requirement of the CUP. The 35 acre watershed of the subject stream is contained almost entirely on the site. The retention and discharge of stormwater from a BMP south of the existing scale house, as well as drainage from the eastern portion of the site, significantly contributes to the stream flow in the upper reach. Practical landfill configurations that avoid the stream and buffer, described above, drastically alter the drainage on site and would likely reduce or eliminate flow in the upper reach of stream over the long term, eliminating its jurisdiction under the CWA and Rule. Based on historical monitoring data collected for the hydrologic and geotechnical investigation of this site for solid waste permitting, groundwater regularly intersects the subject stream at a point near the impact limit of the proposed project. Therefore, the remaining stream channel would likely retain hydrology and be considered jurisdictional in the future after the drainage pattern on the site has changed. c% The applicant did not cause the hardship by knowingly or unknowingly violating this title. The Site is currently in compliance with the Rule. The Site was developed as a C&D landfill facility by DH Griffin, and was transferred to WCA Waste Corporation prior to being acquired by the current applicant, Waste Industries (WI). WI's due diligence review and purchase of the site included prior permits and documents such as the CUP (Appendix 2) and NCDENR Solid Waste Permit (Appendix 3). The subject stream was shown as part of the proposed landfill footprint in all these documents, which were already approved by the corresponding authorities. Potential expansion volumes used in the analysis of the purchase of the site included this airspace as it was approved in the DH Griffin and WCA plans. Future permitting of streams and wetlands is a common occurrence for landfills, as the three dimensional aspect of these sites require filling of low areas and drainages. Therefore, assuming future permitting of the cells is a typical approach in a pre -purchase review of a solid waste site. In addition, the current City stream buffer ordinance seems to have stricken out the language related to buffer applicability based on on-site evidence of a stream (Appendix 4). On the surface, this language suggests that only USGS and NRCS mapping can be used to determine buffer applicability in the City's DocuSign Envelope ID: 113437A6-E16E-419A-8CCA-1C939605FFEA Technical Review Committee September 10, 2015 Page 7 of 10 jurisdiction of the Randleman watershed. These maps (Figures 4 and 5) do not show the subject stream. While this has since been addressed by the City through clarification provided by the Planning Department (Appendix 4), under initial due diligence review the ordinance does not seem to apply to the subject stream. In fact, WI still respectfully contends that the ordinance, as written, should not apply to the site, but is foregoing any legal avenues, accepting the City's clarification, and requesting this variance. dl The hardship is rare or unique to the applicant's property. The property contains an existing C&D landfill, which is in itself relatively rare. As seen in Figure 3, only 10 alternative C&D disposal sites are currently present within a 50 -mile radius of the site, which is where a majority of the waste stream for the Site is produced. Of these alternative sites, only three are private facilities and the other seven are public and likely take waste from a more limited service area. New C&D sites are extremely difficult to locate and permit due to restrictive siting requirements (Appendix 5) that do not apply to existing sites. Due to the need for stable side slopes and the three dimensional aspect of landfills, avoidance of the stream and buffer is magnified to a much greater extent than avoidance for a typical "two dimensional" development, which can develop up to the edge of the buffer without being impeded. The location of this property adjacent to the Kersey Valley MSW landfill is also unique. The C&D disposal capacity available at the Site compliments the City's MSW site by saving their valuable MSW capacity and lengthening the lifespan of that facility. e% if the applicant complies with the provisions of this title, the applicant can secure no reasonable return from, nor make reasonable use of, the applicant's property. The constraints of the site described above already severely limit use of this site, even without application of this rule. Compliance with the Randleman watershed critical area restricts approximately 47% of the site to minor uses such as grading and stormwater. The original landfill is nearing capacity and is constrained to the west by a perennial stream, to the south by the critical area of Randleman Reservoir, and to the north by a recycling facility and Riverdale Drive. Expansion to the east is the only alternative available to make use of the remaining property. The location of the Randleman Lake protected tiers (Figure 2) render significant portions of the site unusable. The reasonable and efficient expansion of the existing C&D facility per the approved CUP is preferred to a DocuSign Envelope ID: 113437A6-E16E-419A-8CCA-1C939605FFEA Technical Review Committee September 10, 2015 Page 8 of 10 new facility in a new location that would likely result in similar impacts and increased fragmentation of landfills. (2) The variance is in harmony with the general purpose and intent of this title and preserves its spirit. The proposed project would have minimal effect on water quality, the protection of which is the primary purpose and intent of the Rule. The amount of impervious area associated with this project is minimal (less than 4%). This is well below any regulatory thresholds for stormwater BMPs and also below NCDENR recommended limitations for the protection of sensitive aquatic environments. The closed landfill cap would be a vegetated cover that allows infiltration of precipitation before it is collected and drained to a BMP. The cap (see Engineering Figure 7) would serve to provide detention and some treatment prior to the BMP. In fact, during the typical water quality storm of concern (2 -year), there would be minimal discharge from the BMPs. Rigorous maintenance and monitoring requirements would be implemented to protect water quality as described below. The long-term effects of other alternatives, including practical alternatives that do not require a variance, would be similar to the proposed project, as discussed above. If the stream and buffer are avoided, stormwater management and rerouting of drainage on the site would eliminate most of the discharge going to the stream buffer, which would therefore not provide its intended function. WI has evaluated the option of avoiding the stream and buffer, and re-evaluating it at a later date after the surface runoff has been rerouted to the proposed BMPs. While this option would greatly reduce the cost of the project by potentially avoiding this variance, CWA permitting, and compensatory mitigation, it would create some uncertainty as to the eventual location of stream and buffer jurisdiction and increase costs and difficulty of design and construction of the "bowl" area that would need to be filled in later. The NCDENR Solid Waste Section has stated that, assuming all appropriate approvals are granted, they would prefer to see a lateral expansion of a landfill rather than filling back in a "bowl" later. Therefore, WI is prepared to provide compensatory mitigation for the current resources on site, which would provide water quality benefits in the local area, in order to gain certainty in the design, construction, and management of the site. Compensatory mitigation would be one or a combination of in -lieu fee payment, mitigation bank payment, on-site preservation of streams and buffers, and increased stormwater control and treatment. Details of the compensatory mitigation requirements would be evaluated and determined during the CWA 404/401 permitting process. (3) The granting of the variance assures the public safety and welfare and does substantial justice. The proposed facility design and operation, as well as the history of the existing facility, provide ample evidence that public safety and welfare have been considered and ensured for the future. The need for the landfill to provide reasonably close disposal options for new DocuSign Envelope ID: 113437A6-E16E-419A-8CCA-1C939605FFEA Technical Review Committee September 10, 2015 Page 9 of 10 residential and commercial development has been discussed earlier. The proximity of the landfill to ongoing development in Guilford County and surrounding areas would not only reduce hauling costs, but also reduce the amount of truck traffic that would otherwise have to travel to alternative sites along public roads. This reduction in truck traffic reduces emissions and increases public safety. Public welfare would be ensured by the granting of this variance. The C&D landfill waste stream is complimentary to the existing Kersey Valley MSW landfill. The capacity provided by this project would save valuable MSW landfill volume and allow the City's facility to serve the public for a longer period of time. Use of an alternate disposal site would increase costs due to haul distances, and these costs would be passed on to the public through developers and contractors. Significant environmental protections are already in place, and would be increased with the proposed project. A detailed Water Quality Monitoring Plan, which includes ground and surface water, would be developed and approved by the State. This plan would be implemented, as it is currently for the existing facility, and would continue for, at minimum, 30 years post -closure of the landfill, or approximately 2065. The monitoring plan would include at least 20 inorganic constituents and 48 organics (see Appendix 6), which would be monitored on a semi-annual basis. If any significant difference occurs from background concentrations, a step -wise increase in protection would be initiated including increasing the number of constituents monitored, providing an assessment of corrective measures, and if required a corrective action plan. The landfill cap, slopes, and BMPs would also be monitored and maintained for at least 30 years after closure. This would ensure the proper function of the drainage system and stormwater measures. The post closure monitoring and maintenance is required by State law, and proof of financial assurance for these activities must be provided. The potential for water quality degradation to occur as a result of this project is minimal due to the inert nature of the facility. Waste accepted at this facility is only construction and demolition, and other inert debris as shown in Appendix 7. More active waste including MSW, contaminated soils, and yard waste, are not allowed in this facility. In addition, the site is required by the CUP to maintain the recycling center on the site to reduce the waste stream and provide beneficial use of any recoverable materials. BMPs such as extended dry detention basins, grass swales, and level spreaders would be implemented as shown on the attached plans. A more detailed plan would be developed during the final design of the facility and submitted to the City and NCDWR to review during the City's final site plan review and 404/401 permitting process. Additionally, NCDENR regulations require more conservative design standards in comparison to the Rule. For instance, their minimum required design storm is the 25 year - 24 hour event, which results in extended dry detention basins with no outflow during the 1 - inch 24-hour storm required by NCDENR criteria. This would provide 100% settling efficiency and the highest possible water quality protection. DocuSign Envelope ID: 113437A6-E16E-419A-8CCA-1C939605FFEA Technical Review Committee September 10, 2015 Page 10 of 10 Substantial justice would result from the granting of this variance, as the City's Kersey Valley Landfill, adjacent to this Site, was granted a similar variance. Conclusion We would appreciate your consideration of this information during the review of this variance request, and look forward to your favorable review of this project. Please contact me at your convenience if you have any questions or require further information. Sincerely, SMITH GARDNER, INC. eit 2� Phil May, Carolina Ecosystems, Inc. phil.may(acarolinaeco.com SAS/PM/swh Attachment CC: David Pepper, Waste Industries Seth Heath, Waste Industries File ia.Sigaby: � • I;4wit"m +ori Stacey A. Smith, P.E. Senior Engineer stacey(dsmithgardnerinc.com H:\Projects\WI High Point Landfill (C&D)\WIHIGHPOINT14-1(Wetlands)\Preliminary Submittal\WI HIGH POINTVariance Cover Letter_SG.docx Certificate Of Completion Envelope Number: 113437A6El6E419A8CCAlC939605FFEA Subject: Please DocuSign: WI HIGH POINT Variance Cover Letter_SG.pdf Source Envelope: Document Pages: 10 Signatures: 1 Certificate Pages: 4 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Record Tracking Status: Original September 25, 2015 115:04 ET Signer Events Stacey A. Smith stacey@smithgardnerinc.com President Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: September 25, 2015 115:09 ET ID: b48402be-d96f-41cf-885e-1f37c1743274 In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Holder: Smith Gardner, Inc. docusign@smithgardnerinc.com Signature by: [D11"S11"Id f" Q. Sw,& 27B482DRA09438... Using IP Address: 70.193.60.163 Signed using mobile Signature Status Status Status Status Carbon Copy Events Status Notary Events Envelope Summary Events Status Envelope Sent Hashed/Encrypted Certified Delivered Security Checked Signing Complete Security Checked Completed Security Checked Electronic Record and Signature Disclosure Docu iM SECURED Status: Completed Envelope Originator: Smith Gardner, Inc. 14 N. Boylan Ave Raleigh, NC 27603 docusign@smithgardnerinc.com IP Address: 24.106.183.110 Location: DocuSign Timestamp Sent: September 25, 2015 115:06 ET Viewed: September 25, 2015 115:09 ET Signed: September 25, 2015 115:09 ET Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps September 25, 2015 115:06 ET September 25, 2015 115:09 ET September 25, 2015 115:09 ET September 25, 2015 115:09 ET Electronic Record and Signature Disclosure created on: 4/7/2015 7:58:24 PM Parties agreed to: Stacey A. 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