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HomeMy WebLinkAbout20160279 Ver 1 _Variance_SUBMITTED _20160316DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 SMITH GARDNER September 10, 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: D19F47D5-8817-4094-858E-A11DC9F14096 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: D19F47D5-6817-4094-858E-A11DC9F14096 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 19,780 / 20,106 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: D19F47D5-8817-4094-858E-A11DC9F14096 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: D19F47D5-8817-4094-858E-A11DC9F14096 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: D19F47D5-8817-4094-858E-A11DC9F14096 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: D19F47D5-6817-4094-858E-A11DC9F14096 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: D19F47D5-8817-4094-858E-A11DC9F14096 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: D19F47D5-8817-4094-858E-A11DC9F14096 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: D19F47D5-8817-4094-858E-A11DC9F14096 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. eat 2� Phil May, Carolina Ecosystems, Inc. phil.may(dcarolinaeco.com SAS/PM/swh Attachment CC: David Pepper, Waste Industries Seth Heath, Waste Industries File %P, i•aCa r•'i tri* DoAigneiby: 1•••� w • �27B482 1 {•4 �6s��f -.9 t 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 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 FIGURES DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 5, I hdale Project Locatiorf: Guilford County, NC VIA I r High Point — �fLo Rtieek Checker Rd �J CAROLINA N Figure 1: Project Vicinity ECOSYSTEMS, INC. � Property Boundary 3040 NC 42 West; Clayton, NC 27520 Miles e—\_. USGS Named Streams High Point Landfill, LLC P: (919)-606-1065 F:(919)-585-5570 0 0.25 0.5 High Point C&D Landfill Proposed Landfill Cells Septermber 2015 Guilford County, NC DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 k$ q c � , '1c TIER 4 S,` z a >' GWA . TIER 3x' r • i i CAROLINA N 0 Proposed Landfill Streams Figure 2: Jurisdictional Features ECOSYECOSYSTEMS Feet cells STEMS � Zone 1 Buffers Property Boundary , High Point Landfill LLC 3040 NC 42 West; Clayton, NC 27520 ' .Zone Buffers 2 Bffg , P: (919)-606-1065 F:(919)-585-55700 250 500 Watershed Tiers - -' High Point C&D Landfill September 2015 0 Wetlands Guilford County, NC DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 1 ------------------------ — �_6 ------ -1 -_�--' 70 I 268 521 I I I - 114 I � C t -Salem.., Kilrner5ail11 0801 ! I :: ,. t,.. 6i .ens or( I .l Pg788=--_ � l it 1 I 1111 = 1 P1170 ! X58 :< I P 563 • --------------- P1051 P1051,hij i- --------- I •. 1 ,ndlp(nen i j I 220 I -64 , I I � I I I I i l ---,,------------�@79fr- --- ------1 -------------- --- ------------ -----i --------- — I - 1 % 1 f e % P07132 fj e1 (fl Pil,-l51. i = ✓ .�`r Sources: Esri, HERE, DeLorme, USGS;-interrna,pincrement P Corp., NRCAN, Esri Japan, METI, Esri�China (Hong/Kong), Esri (Thailand), 712 t � � TomTom, Mapmylndia, © OpenStreetMap:contributors, and the G:I'SaUse�rtt Community fY CAROLINA Public C&D Landfills N Figure 3: ECOSYSTEMS, INC. Permitted C&D Landfills 3040 NC 42 West; Clayton, NC 27520 Private C&D Landfills High Point Landfill, LLC P: (919)-606-1065 F:(919)-585-5570 0 10 Site 100=00= Miles High Point C&D Landfill September 2015 Guilford County, NC DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 750 T'R CAROLINA N Figure 4: USGS Map ECOSYSTEMS, INC. Feet Property Boundary 3040 NC 42 West; Clayton, NC 27520 High Point Landfill, LLC P: (919)-606-1065 F:(919)-585-5570 0 250 500 Proposed Landfill Cells High Point C&D Landfill September 2015 High Point East (2013) USGS 1:24000 Quadrangle Map Guilford County, NC DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 FjF 2.' r : Fn4 r40 e. CAROLINA N Figure 5: NRCS Soil Survey EGQSYSTEMS, INC. Feet Property Boundary 3040 NC 42 West; Clayton, NC 27520 1High Point Landfill, LLC P: (919)-606-1065 F:(919)-585-5570 O 250 500 Q Proposed Landfill Cells High Point C&D Landfill September 2015 Guilford County Soil Survey Sheets 44 and 38 Guilford County, NC DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 ENGINEERING FIGURES DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 O in O o o o ' O u) PRELIMINARY ISSUE z W N W ® ' ` ' FOR MAJOR WATERSHED D PRO TR LINE /����' �� : �� �lll N 803000 $ � /�� — �'� N 803000 VARIANCE _ co CM LEGEND + L 11' 200' PROPERTY LINE BUFFER N 802500 ' 77ER 3 N 802500 — DEDICATED ROADWAY EASEMENT PARCELS (SEE REFERENCE 6) ~ / I o r/ ZONE 1 BUFFER C� z I ► L , / ,,, . ,_ � - _ P MlTED WASTE LIMITS - - - - - - - - ZONE 2 BUFFER �� N 802000 — -- - — s _ > N 802000 RANDLEMAN WATERSHED TIERS SEE REFERENCE 4 zoc o� S90 se -1 NPDES MONITORING LOCATION a z Mw -5 GW MONITORING WELL z \ / / !� �/ •-� � a Z �\ \ _ \. — — ��� / //// J/ ` / �// r/ I V SURFACE WATER MONITORING o N 801500 �/� \� 1 / / / i : N 801500 / LOCATION OF ACTIVE AREA UjQLIMITS (-n a Q z wa a CD BUFFER \ \ �. = i// �I I \_��— �� 1) / -� '"Ln NOTES: 1. THERE ARE NO FEMA FLOOD HAZARDS WITHIN THE PROPERTY. THE CLOSEST o N FLOOD HAZARD ZONE IS LOCATED APPROXIMATELY 0.4 MILES FROM THE J Q N 801000 L =\\ - N 801000 PERMITTED WASTE LIMITS. 2. THE PROPERTY IS ZONED CU -AG (PER ZONING CASE O1-19). ALL ADJOINING PROPERTIES ARE ZONED EITHER RURAL DEVELOPMENT OR HEAVY INDUSTRIAL. z a �n 64, R/W — ----- / I 3. THIS SUBMITTAL IS FOR PRELIMINARY PLANNING PURPOSES. CERTIFICATIONS _ WILL BE ADDED AS THEY ARE RECEIVED AND PACED ON THE FINAL ISSUE SUBMITTAL. 4. THE FACILITY IS LOCATED AT: 5822 RIVERDALE DR., JAMESTOWN, NC �► PHONE: (336) 870-4171 N 800500 9`r N 8 0500 REFERENCES: 1. FACILITY PROPERTY LINE REFERENCE: SURVEY BY MARK TERRY AND v _ __j L.6. y o 0 I ASSOCIATES, INC., DATED MAY 15, 2001. A 2. EXISTING TOPOGRAPHY FROM AERIAL SURVEY DATED JUNE 30, 2012 BY ,--j—,� z o z \ �4� CARO/��i GEODATA CORPORATION, ZEBULON, NC. TOPOGRAPHY IN ACTIVE AREAS FROM FIELD SURVEY DATED JANUARY 13, 2015 BY SURVEYING SOLUTIONS, P.C., Q __j cb o v \ �•�� O FESS/O �%i '•� LOUISBURG, NC. z z z N 00000 \�. o usi9ne 4z SEAL < a• 62 C 3. ORIGINAL GRADES FROM GOLDER AND ASSOCIATES. 4. WETLAND LOCATIONS AND RANDLEMAN WATERSHED TIERS PROVIDED BY CAROLINA ECOSYSTEMS, MARCH 2015. 5. FEMA PANELS 371078200) AND 3710772900K. 6. PARCEL INFORMATION OBTAINED FROM GUILFORD COUNTY GIS DEPARTMENT. o z c� o cn = ..—x. I 27'%82DF A09 �: ,,�� p,,,,,,, 0 400' 800' cl ft -ft' © 2015 Smith Gardner, Inc. �l I c DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 This Page Intentionally Left Blank DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 - � //. amu• a „, ' PROPERTY LINE—J /�� _ I TIER 4 s 4- 50 VW TIER 3 YW-3 11 Now 00000 A� . . ........... . .......................... . . . . . O�� FESS/Q'G ♦,♦,, ` \ I ' \• �O �� • Irk �cuSigned by: SEAL S a, c&2 = 2758 Q01 o9,%GINEE� ��� .•, 2015 Smith Gardner, Inc. AIRSPACE LANDFILL VOLUME (CY) LANDFILL AREA (ACRES) 983,959 33.4 IMPACTS DESCRIPTION QUANTITY (WITHIN LANDFILL LIMITS) WETLANDS 0.0 ACRES BUFFER 0 SQ. FT. STREAM 0 LINEAR FT. LEGEND 200' PROPERTY LINE BUFFER — DEDICATED ROADWAY EASEMENT ZONE 1 BUFFER — — g ZONE 2 BUFFER u RANDLEMAN WATERSHED TIERS ® .Do se -1 NPDES MONITORING LOCATION * MW -5 GW MONITORING WELL • 5W -t SURFACE WATER MONITORING LOCATION LIMITS OF ACTIVE AREA REFERENCES: 1. FACILITY PROPERTY LINE REFERENCE: SURVEY BY MARK TERRY AND ASSOCIATES, INC., DATED MAY 15, 2001. 2. EXISTING TOPOGRAPHY FROM AERIAL SURVEY DATED JUNE 30, 2012 BY GEODATA CORPORA ]ON, ZEBULON, NC. TOPOGRAPHY IN ACTIVE AREAS FROM FIELD SURVEY DATED JANUARY 13, 2015 BY SURVEYING SOLUTIONS, P.C., LOUISBURG, NC. 3. ORIGINAL GRADES FROM GOLDER AND ASSOCIATES. 0 300' 600' PRELIMINARY ISSUE FOR MAJOR WATERSHED VARIANCE C- J J J J LL z J z O C= CL. J O z O O Q Wo I-- J C3 Cn Z Z � 0 0 — S S z C7 C7 DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 This Page Intentionally Left Blank DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 N W® E S �1a�I JAYf'ljLTlAj 0/0 \ A %L X gjAj j �\� `� -- %''%/ ► III' � I �1�� ► � A101 1 j . .................... .......... . . . . CAR — •••`,,,p�� FESS pOC��i ��'•,� 4 ti9 I _ < ` Di -Signed by: SEAL � x'11 • \ / Irk 271B!�2oUwo944�VjIN�� �• \ ••.#gnu.s.. mith Gardner, Inc. AIRSPACE LANDFILL VOLUME (CY) LANDFILL AREA (ACRES) 1,810,747 40.6 IMPACTS DESCRIPTION QUANTITY (WITHIN LANDFILL LIMITS) WETLANDS 0.55 ACRES BUFFER 0 SQ. FT. STREAM 0 LINEAR FT. LEGEND Z N 200' PROPERTY LINE BUFFER — DEDICATED ROADWAY EASEMENT ZONE 1 BUFFER — — — ZONE 2 BUFFER Z RANDLEMAN WATERSHED TIERS ® .Do se -1 NPDES MONITORING LOCATION * MW -5 GW MONITORING WELL • 5W -t SURFACE WATER MONITORING LOCATION DATED JANUARY 13, 2015 BY SURVEYING SOLUTIONS, P.C., LOUISBURG, NC. LIMITS OF ACTIVE AREA REFERENCES: Z N G 1. FACILITY PROPERTY LINE REFERENCE: SURVEY BY MARK TERRY AND ASSOCIATES, INC., DATED MAY 15, 2001. = cm Z 2. EXISTING TOPOGRAPHY FROM AERIAL SURVEY DATED JUNE 30, 2012 BY GEODATA CORPORATION, ZEBULON, NC. TOPOGRAPHY IN ACTIVE AREAS FROM FIELD SURVEY DATED JANUARY 13, 2015 BY SURVEYING SOLUTIONS, P.C., LOUISBURG, NC. 3. ORIGINAL GRADES FROM GOLDER AND ASSOCIATES. 0 300' 600' o 0 a0 w z zo J V p PRE FOR MAJOR WATERSHED VARIANCE Z 00 Z N G cm = cm Z = = M DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 This Page Intentionally Left Blank DocuSign Envelope ID: D19F47D5-l3817-4094-858E-A1 1 DC9F14096 N W s PROPERTY LINE -"'. /NE mith Gardner, Inc. ` I \\�1` 1 1 7 ` AIRSPACE LANDFILL VOLUME (CY) LANDFILL AREA (ACRES) 2,675,918 44.0 IMPACTS DESCRIPTION QUANTITY (WITHIN LANDFILL LIMITS) WETLANDS 0.59 ACRES BUFFER 0 SQ. FT. STREAM 0 LINEAR FT. .— _ 4 , :•`��,�0 � ESS/q/v �'•,0 DoZSigned by: SEAL �f Q,Q02 27B F,1Q�Q9434)VGIW' A 5��,,�,.. REFERENCES: O N Q d LEGEND . = Cm Z 200' PROPERTY LINE BUFFER \ \ \ — DEDICATED ROADWAY EASEMENT / \\4 ZONE 1 BUFFER 3. ORIGINAL GRADES FROM GOLDER AND ASSOCIATES. ZONE 2 BUFFER � Z � 0 300' 600' o —1 RANDLEMAN WATERSHED TIERS a w z zo J ® SDO s8-1 NPDES MONITORING LOCATION & MW -5 GW MONITORING WELL • 5W -t SURFACE WATER MONITORING — LOCATION LIMITS OF ACTIVE AREA .— _ 4 , :•`��,�0 � ESS/q/v �'•,0 DoZSigned by: SEAL �f Q,Q02 27B F,1Q�Q9434)VGIW' A 5��,,�,.. REFERENCES: O N 1. FACILITY PROPERTY LINE REFERENCE: SURVEY BY MARK TERRY AND ASSOCIATES, d INC., DATED MAY 15, 2001. = Cm Z 2. EXISTING TOPOGRAPHY FROM AERIAL SURVEY DATED JUNE 30, 2012 BY GEODATA CORPORATION, ZEBULON, NC. TOPOGRAPHY IN ACTIVE AREAS FROM FIELD SURVEY DATED JANUARY 13, 2015 BY SURVEYING SOLUTIONS, P.C., LOUISBURG, NC. 3. ORIGINAL GRADES FROM GOLDER AND ASSOCIATES. � Z � 0 300' 600' o —1 o N a w z zo J V O PRE FOR MAJOR WATERSHED VARIANCE O O N a d Cm = Cm Z S S M DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 This Page Intentionally Left Blank DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC91`14096 N A (SID 0 /. PROPER 7 Y LINE VA/ - ---------- i LEVEL SPREADER CA 0� FESS/q/v ,♦♦,,� I `Q Do Signed by: SEAL � W9002 \21B4*F1Ap913Z)VI mith Gardner, Inc. AIRSPACE LANDFILL VOLUME (CY) LANDFILL AREA (ACRES) 3,301,363 46.0 IMPACTS DESCRIPTION QUANTITY (WITHIN LANDFILL LIMITS) WETLANDS 0.59 ACRES BUFFER ZONE 1 23,718 SQ. FT. ZONE 2 16,168 SQ. FT. STREAM 394 LINEAR FT. LEGEND w 200' PROPERTY LINE BUFFER a DEDICATED ROADWAY EASEMENT Z 0- 0 m ZONE 1 BUFFER LL a — — ZONE 2 BUFFER o LL STORM WATER FLOW Ln Cf) z RANDLEMAN WATERSHED TIERS Z 0 00 0-1 NPDES MONITORING LOCATION o Q o (n a � Mw -5 GW MONITORING WELL a • sw-t SURFACE WATER MONITORING N LOCATION z U � LIMITS OF ACTIVE AREA u NOTE: 1. STORMWATER CONTROL MEASURES ARE SHOWN FOR CONCEPT AND SUBJECT TO FUTURE EROSION CONTROL PERMIT. REFERENCES: 1. FACILITY PROPERTY LINE REFERENCE: SURVEY BY MARK TERRY AND ASSOCIATES, � INC., DATED MAY 15, 2001. 2. EXISTING TOPOGRAPHY FROM AERIAL SURVEY DATED JUNE 30, 2012 BY GEODATA J J CORPORATION, ZEBULON, NC. TOPOGRAPHY IN ACTIVE AREAS FROM FIELD SURVEY _ o a DATED JANUARY 13, 2015 BY SURVEYING SOLUTIONS, P.C., LOUISBURG, NC. J Q C9 3. ORIGINAL GRADES FROM GOLDER AND ASSOCIATES. o 0 300' 600' Q cab , o J C3 Z Z W CJ7 PRE FOR MAJOR WATERSHED VARIANCE DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 This Page Intentionally Left Blank DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 W® E PROPERTY LINE- 7 /NE �/� \\� / TIER 4 °, II /j// / I � I � . , lel • � \ 100, r NOW`\� WA ---------------------------- '4........... ...........................— � / I I 'If'112111188" CARO �( \ QUO �Ir DocZSigned by: L JCZAIIrk f—MODF��094341 02 \ [ IN 0 2015 Smith Gardner, Inc. \ ESTIMATED LIFE PER PHASE PHASE ESTIMATED LIFE (YEARS) 1 FILLED 2A FILLED 26-1 2.4 2B-2 1.2 3 4.0 4 4.0 5 4.1 6 4.5 LEGEND 200' PROPERTY LINE BUFFER DEDICATED ROADWAY EASEMENT ZONE 1 BUFFER ZONE 2 BUFFER RANDLEMAN WATERSHED TIERS e Mw -5 GW MONITORING WELL • sw-t SURFACE WATER MONITORING LOCATION LIMITS OF ACTIVE AREA REFERENCES: 1. FACILITY PROPERTY LINE REFERENCE: SURVEY BY MARK TERRY AND ASSOCIATES, INC., DATED MAY 15, 2001. 2. EXISTING TOPOGRAPHY FROM AERIAL SURVEY DATED JUNE 30, 2012 BY GEODATA CORPORATION, ZEBULON, NC. TOPOGRAPHY IN ACTIVE AREAS FROM FIELD SURVEY DATED JANUARY 13, 2015 BY SURVEYING SOLUTIONS, P.C., LOUISBURG, NC. 3. ORIGINAL GRADES FROM GOLDER AND ASSOCIATES. PRELIMINARY ISSUE FOR MAJOR WATERSHED VARIANCE Lr - C3 J J J CM J LL z J Z J LA— C= —0 z cab J C-3 C/7 J CL. d to C7 DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 This Page Intentionally Left Blank DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 :t I © 2015 Smith Gardner, Inc. VEGETATIVE SOIL LAYER--, LOW PERMAMUTY SOL � 3 M A WASTE 7 �O �dFESS/d/ q d bY: AL Q • 51102 T FNGINEE� �� A. c' 10 Sm!-1---7-7-�� 0 CD w m z z W 0 cn cn Q z 0 o n z = u M U Ln W = d Ln O cr `N F 0 E>WNG GROUND 4' MIN. 3 1� STRUCTURAL FLL3 MAX � J J LV J G J Z LV J O C/7 Z G J W PERIMETER BERM CROSS SECTION J " Z Z O O O DETAILCM NOT TO SCALE = = DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 This Page Intentionally Left Blank DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 APPENDIXI DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 irfflENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 22, 2014 CERTIFIED MAIL RECEIPT 7013 3020 0000 7632 0604 Phil May Carolina Ecosystems, Inc. 3040 NC 42 West Clayton, NC 27520 Subject Property: Waste Industries High Point Landfill Drainage WI -08 John E. Skvarla, III Secretary DWR Project # 2014-1176 Guilford County ©n -Site Determination for Applicability to the Randleman Lake Water Supply Watershed: Protection and Maintenance of Existing. Riparian Buffer Rule (15A NCAC 213.0250) Dear Mr. May: On December 11, 2014, at your request, Sue Homewood of the Division of Water Resources (DWR) conducted an on-site determination to review one feature located on the subject site for applicability to the Randleman Lake Buffer Rules (15A NCAC 2B.0250). The feature is labeled as drainage WI -08 on the attached reap. City of High Point staff has previously conducted an on-site determination of this feature. In your letter to the Director dated November 10, 2014, you requested an appeal of their determination as provided within the City's Ordinance, Ms. Homewood conducted an appeal of the original City of High Point determination as stated above. During the review, Ms. Homewood evaluated drainage WI -08 using the DWR Stream Classification Form. Ms. Homewood evaluated drainage WI -08 and received a score of 19.5 on the DWR form. The form states that if the score is "greater than or equal to 19 points the stream is intermittent". However, Ms. Homewood determined the feature to be ephemeral. The form is attached to this letter. 401 and Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6494 Intemet: www.ncwaterquaiity.org An Equal Opportunity 1 Affirmative Ackn Employer — Made in part by recycled paper DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 Mr. May Guilford County Page 3 of 3 The DWR has determined that the feature labeled as "WI -08" on the attached map is an ephemeral channel that is not subject to the Randleman Lake Buffer Rule above the large headcut identified as the EJI point by Carolina Ecosystems, Inc. This determination shall replace the determination originally performed by the City of High Point and shall expire five years from the date of this letter. You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 1506. To contest the Director's decision you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Mailing address for the OAH: If sending via U.S. Postal Service. If sending via delivery service (UPS, FedEx, etc.) Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Mr. May Guilford County Page 3 of 3 This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of this State. if you have any additional questions or require additional information please call Sue Homewood at (336) 776-9693. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. KAH/job Sincerely, Y Karen Higgins, Supervis 401 & Buffer Permitting Unit Enclosures: Site Map Stream ID Form cc: Terry A. Kuneff, P.E., CFM, City of High Point, Engineering Services Dept., P D Box 230, High Point, NC 27261 Sue Homewood - WSRQ 401 & Buffer Permitting Unit file Filename: 141176_WastelndustriesHighPoi ntLandfilI(Guilford)_RDM_Stream_Det_Appea I DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 I DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 NC DWQ Stream Identification, Form Version 4.11 Date: _ZLkM'1'W X71 q - l �'7 10 * p PrajectSite: vLatitude: Evaluator: S_1U County. Longitude: Longitude: Total points; Stream is at least intermittent Y] Determination (circle one) tither if 219 or Perennial if;-, 30' ff Ephemeral intermittent Perennial e.g. quad Name: M 1.7tWU tvr mol (b=Otal = Absent Weak Moderate 1"' Continuity of channel bed and bank 0 1 2 2. Sinuosity of channel along thalweg 0 20. Macrobenthos {note diversity and abundanceyctxv0 3. In -channel structure: ex. 4ffie-pool, step -pool, 3 21. Aquatic Mollusks . 2 ripple -pool sequence 0 1 22. Fish 4. Particle size of stream substrate 0 1 2 5. Active/relict floodplain 0 2 6. Depositional bars or benches 0 1 2 7. Recent alluvial deposits 1.5 1 2 S. Headcuts __%1 1.5 2 9. Grade control 0 0.5 1 10. Natural valley 0 (Votes: 11. Second or greafer order channel No = Yes = 3 artificial ditches are not rated: see discussions in manual B. Hydrology (subtotal = h: �� e*8� �6� 12. Presence of Baseflow Q- k 0 1 2 13. Iron oxidizing bacteria 0 Jet& 2 14. leaf litter . 1.5 0.5 15. Sediment on plants or debris 0 1 16. [organic debris lines or piles 0 0.5 1 17. Soil -based evidence of high water table? No = 0 as = g C. Bivlo Subtotal -7_ + n r✓o i1St n 3 3 3 3 3 3 3 1.5 3 3 0 1.5 1.5 d + w ,Uc�k loa.�oe�� 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed t jA r, V V k 3 2 1 0 20. Macrobenthos {note diversity and abundanceyctxv0 1 2 3 21. Aquatic Mollusks . D 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0.5 1 1.5 26. Wetiand plants in streambed FACW = 0.75, ®gl = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manuat. (Votes: h: �� e*8� �6� Jet& r1� lc�c)R�1� Its C� L' C -1L A'�2 �r .f'+rr"�1'�'''� Q�•t'C�. ttsl ��'�--�" lf7Cr� • � i,J� to t � rr� �- �r��led >~,.,j c�s�+� �a►�-r,v+r a�e4�. W 4k '� 1 . -sir 1, �c �'� C)F' Wit_ skme-t OW DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 CAROLINA 3040 NC 42 West, Clayton NC 27520 ECOSYSTEMS, INC. P:919 -606-1065—F:919-585-5570 November 10, 2014 Ms. Karen Higgins NC Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Request for Appeal of Stream Origin Determination Waste Industries - High Point Landfill Guilford County, North Carolina Dear Ms. Higgins; The purpose of this letter is to request an appeal of the City of High Point (City) stream origin determination on the above referenced site. Carolina Ecosystems, Inc. (CEI) requested that the City perform a stream origin determination at this site under the authority of City Ordinance #6839/11-47, which implements the Randleman Lake Water Supply Watershed: Protection and Maintenance of Existing Riparian Buffers Rule (15A NCAC 02B .0250). The North Carolina regulation states that "Any disputes over on-site determinations shall be referred to the local Board of Adjustment or other local appeals process in writing." However, the City ordinance states that "Any disputes over on-site determinations shall be referred to the Director of the NC Division of Water Quality in writing." Due to this discrepancy, we are requesting an appeal of the determination described below, and copying the City on this request in order to comply with the wording of both regulations. City personnel visited the site on September 12, 2014. Three stream origin determinations were made on channels that were field classified by CEI as, at least partially, ephemeral streams. These determinations on drainages designated as WI -03, WI -08, and WI -11 were documented in separate letters dated September 12, 2014 (attached). CEI assessed each of these drainages on August 8, 2013, and revisited the site on February 27, 2014. It is our professional opinion that two of these features, drainages WI -03 and WI -11, are ephemeral channels (Figure 1). This concurs with the City determination. In addition, it is our professional opinion that drainage WI -08 should be subject to riparian buffers at the confluence with WI -03 (shown as a solid line "SA" in Figure 1). The City determined that WI -08 was subject approximately 400 feet upstream, as shown on the attached map. It should be noted that the City's field review occurred after a week with heavy rainfall, which may have influenced the stream origin determination. With the benefit of multiple season reviews of drainage WI -08, it is our professional opinion that the Randleman Lake buffer should not extend past the stream point shown in Figure 1. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Ms. Karen Higgins November 10, 2014 Page 2 of 2 I would like to schedule a site visit to review the aforementioned stream determination. Please contact me at your earliest convenience at (919) 606-1065 or phil.may@carolinaeco.com. Sincerely, Carolina Ecosystems, Inc. 1 Philip May Senior Environmental Scientist Attachments: Figure 1: Stream Assessment map City of High Point Stream Determination Letters Cc: Sue Homewood — NCDWR Winston-Salem Office Terry Kuneff, P.E. — City of High Point Stacy Smith, P.E. - Smith Gardner Inc. David Pepper - Waste Industries DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 ;Ai I , A'M /; �—."�'..s � � ��•.�JF \ 'IS $•'''ire %,fin ;r.. , "73 f 71 ^: 121. 9 G ^►' ,rt 3-'t �l�;+ P _MJ ^e }f ` SS�� ' 9 r #�r• 's, of . '� " i+_ s - f� CAROLINA N Q study Area 410 wetlands Figure L• Stream Assessment ECOSYSTEMS, INC. Feet Property Boundary Ephemeral Channel 3040 NC 42 west; Gayton, NC 27520 `' �•�..� P: (919)-606-9145 F:(919)-585-5570 0 150 300 WI High Point Landfill Jurisdictional Stream Guilford County November 2014 2010 NC Statewide Aerial Photographs DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Engineering Services Department B. Keith Pugh, P.E., Director September 12, 2014 Phil May, Senior Scientist Carolina Ecosystems, Inc. 3040 NC Hwy 42 West Clayton, North Carolina 27520 NORTH CAROLINANS INTERNATIONAL CIT -Yr' Re: Waste Industries— High Point Landfill —Drainage Feature WI -08 Randleman Rule (15A NCAC 02B .0250) Surface Water and Stream Origin Determination Dear Mr. May: Per your request, a site investigation was conducted on the property by the City of High Point Engineering Services staff on September 12, 2014, to verify if the drainage feature labeled as WI -08 should be classified as surface water for the purpose of the application of requirements for stream buffers. The drainage feature was evaluated using the most current North Carolina Division of Water Quality Stream Identification Form. The results of the evaluation indicate that this feature does possess sufficient riparian characteristics to be classified as surface water for the purpose of application of the requirements of 15A NCAC 02B .0250, Randleman Lake Water Supply Watershed: Protection and Maintenance of Riparian Areas. The stream was identified and classified as perennial. Stream buffers will be required for this drainage feature. If you need any additional information, please contact me at (336) 883-8583. Sincerely, 'q� pt . Terry A. K.uneff, F.E., C M Engineering Services Department High Point, North Carolina City of High Point, P.O. Bax 230, 211 South Hamilton Street, High Point, NC 272.61 USA Fax: 336.883.4118 Phone: 336.883.3194 TDD: 336.883.8517 DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Engineering Services Department B. Keith Pugh, P.E., Director September 12, 2014 Phil May, Senior Scientist Carolina Ecosystems, Inc. 3044 NC Hwy 42 West Clayton, North Carolina 27520 NORTH. CAROLINA'S INTERNATIONAL CITY Rei Waste Industries — High Point Landfill — Drainage Feature WI -03 Randleman Rule (I 5A NCAC 02B .0254) Surface Water and Stream Origin Determination Dear Mr. May: Per your request, a site investigation was conducted on the property by the City of High Point Engineering Services staff on September 12, 2014 to verify if the drainage feature labeled as WI -03 should be classified as surface water for the purpose of the application of requirements for stream buffers. The drainage feature was evaluated using the most current North Carolina Division of Water Quality Stream Identification Form. The results of the evaluation indicate that this feature does not posses sufficient riparian characteristics to be classified as surface water for the purpose of application of the requirements for stream buffers. If you need any additional information, please contact me at (336) 883-8583. Sincerely, Terry A. K,uneff, P.E., FN1 Engineering Services Department High Point, North Carolina City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA Fax: 336.883.4118 Phone: 336.883.3194 TDD: 336.883.8517 DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 Engineering Services Department B. Keith Pugh, P.E., Director September 12, 2014 Phil May, Senior Scientist Carolina Ecosystems, Inc. 3040 NC Hwy 42 West Clayton, North Carolina 27520 'W" k NORTH CAROLINA'S INTERNATIONAL CITY' Re: Waste Industries — High Point Landfill — Drainage Feature WI -11 Randleman Rule (15A NCAC 02B.0250) Surface Water and Stream Origin Determination Dear Mr. May: Per your request, a site investigation was conducted on the property by the City of High Point Engineering Services staff on September 12, 2014 to verify if the drainage feature labeled as WI -I I should be classified as surface water for the purpose of the application of requirements for stream buffers. The drainage feature was evaluated using the most current North Carolina Division of Water Quality Stream Identification Form. The results of the evaluation indicate that this feature does not posses sufficient riparian characteristics to be classified as surface water for the purpose of application of the requirements for stream buffers. If you need any additional information, please contact me at (336) 883-8583. Sincerely, `ferry A. Kuneff, P.E., C Engineering Services Department. High Point, North Carolina City of High Point, P.O. Box 230, 211 South. Hamilton Street, High Point, NC 27261 USA Pax: 336.883.4118 Phone: 336.883.3194 TDD: 336.883.8517 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 APPENDIX 2 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Rmianin€i Casa 01-119 Cam ilicined Usei F armit MMM of HigH Aoinit, LLC. Aaila l of E A PPLICA TION FC R A CONDITIONAL U' ; E PERMIT CITM OF HIGH POINT, NORTH CAROLINA Ocltobler 30.2001 (A doplterd) TO THE CITY COUNCIL OF THE CITYI OF HIGH IHIOINT: Ther underisiiglneld herieby raspecilfully raquasl thal then High Point City Counc:ill, pursuant to Titller 9, Chapter ?I of lhel Clly Code, grant a Conditional Use Perrmit fora the folllowirng use(s), subjeal to 1he fo:llawing cionditions: I. USES: Any cif the land users allowed in the Agriiau:llurel (AG) District shawl be permilIed, subjciat I the cervelopmernl and dimielnsional requirielmelnls cif the Dauellopment Crdiinancie and subjerct to the speicifia aond:ilions of this Perrmit. H. CONDITIONS: A. ]Hlroh:ib:ited Users: Ther folllowling users, ernumerraterd :in Table 4-f-1, Plennilted Use Sciherculer, of iter Dervelopment Crdiinaricie shall] be prahiibited: 11. Thealer, Cutdoori ijRerf. SIC 7833) 2. Agriiculturall Chem./Pasticides/Fert:ilizers (Ref. SIC 5919 3. A glriculturall Plroducl s, C lheri (Reif. SIC 51551; 4. Animals and Animal Producits, Otherr (Reif. c IC _` 159) 5. Harm Supplies, Other (Ref. SIC 51511) 6. Crain and Fierld Herans (IRelf. SIC _` 153) 7. Li a ersl acrk (Rel. SIC f 1 _` 4) 8. Airparis or Air Transportation Facillitiers IIRelf. SIC 4500; 9. Heliports (Ref. SIC 45221; 10. Mining and Quarrying (IRelf. c IC 1000) 111. Salvager yards, Auto Parts (Reif. SIC 501f: 12. Salvager yards, Scriap Procerssing (Ref). SIC 505121 13. Major D ermoliticiri Debris Larndfiills shall be prohibiterd on that portion of the sites :lying) within 'Dien 'I cif the Randllerman hake Criitica:l Walershad Alicia. B. Lo Combination: Al'I parcie:ls of the reraoningl sale shall be aomb:incld Tinto one lot prilcir to rasubdivision or dauelopment. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Mazaniinq Case 01-1151 Canc i lianal Uses Harmi I MR14 of High F aint, LLC. F ai€la 2 of E C . Dodiclaticln far FLlbllic Use 1. Ma property ownear agreaeas to dedicate for public) reaclrealliariall Llse by 1rcl City of Haigh Faint, or sell at nominall plrilcle for the same purpase, all areials s:iluated or Ding above tr ea Major Dorriclliti in Debris Landfill alfle:r the entire) landfill or seactiorls therocif ares al clapaci ty and clapped off . 11hi s of fer of c eadical ion or sal e i 9 piudical ed upon: aI. Approval by all pelrmilling aulhoritieis; t . Approval by 1 he C.i l y of H:i gh Pori n1; ca. The GIN's agreeament to incur all maintenancla and liabi.lily rospons:it illity for tr a reclrciatilonal faclilillies; and c . '11hea plropelrly owner's relea9ei from ac a al orem taus 1 i abi. ity for 1 he porta ans of t he s i I a sold or c eadical ed. 2. A:1 monitor_ing and other land fill related dost and riabililies would continue la ba the reasponsibilily of the) plroperllN owner. "Naminal price", as stalead atava, shall tea irlterpreteac as meaning sufficient consil c earati an for clontracll uall purpases and/or suf f iced ant to frit -ligate additional oasts ilrlcluniad by the plropelrly owrleir to frllfil this aonditilan. D. '➢rarlsportalion: 1. Right -of -way: a. Por fuilura transporiaticari improvers arils and to mitigate traffic impacts the property owrlcir sha:l delcicalel any additional rilglhl-af- way nevi aisary to achieves a m:inilmum d:istaricle of thirllN-four 1114; feet frame the eaxisling cearilerlirlea of Riverdale Road along) the eirllire frau II age of the iaeazoning siil ea. b. In addition to if a above raled deadilclatilcir, an additional twelve (JE]' feet of right-of-way deacicalion shall be racluiiiicid along Riueircale Raac f or the) right I urn lanei as deasarilbad I n C and i l i on H. H.2 of I r i s permit. c. The aplpllicanl shall dedilclatel sixty-four (64; feet of right-of-way far the clorlstrucll ion of a future road loclateac said r of 1 r ea Wal ars held C ritual Area Tien 3 line. J. Turn Lanels: A r'ght turn lane shall be plrov'ded at thea acaeiss point to Riverdala Road. Construcllion of the right turn lane sha:l requ:ira an addiliorlall twelve (:12) feast of riglhl-of-way ded.iaation. The turn lane shall ba aanstruclad al thea same timea as 1ha dr'veway is inslallad. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Roaming Cases C 1-1q Conid:ifiandl Usa Pcwrnil MR14 of Hi€lh Poim, LLC. Paga 3 till 6 3. 'lha CiilN of High Po:inil Ehiecilar of Transportation shall approve the exact location and casigrl of a.11 accass po:inils and lurn :laras. In addition, 1he CiilN of High Poarll Director of Transportalion and the Noiith Caralina Dapartmenil of Transportation (INCDCT) sha.111 also approve a111 aacless consilncition and improvemenlls. DFISCRIDTICN OP PMOBE14TY: Being a tonal of five (5) lols totaling applroximalely If 1 acres glanerallIN locatac approx4ately HCI0 faat saulh of Klivetl Drive adongl 1ha west sicca of Rliverdala Drive and narlh of Cashatt Road and is known as Gu:i l fond County Tax Parclel(s; 1--`-94-7043-941-1, 115-94-1043-941-21, 15-54-7043-941.4, 1_`-94-7CI43-941-16 and 1-"-94-7041-940-9 (portion). An aplpiliicatiian has been duly filed requost4ig That thel plropertN iinuoilvac in This appEclaltion be ruzariac from 1he Residential Single Pamiily--40 Vlh Manufaeilunad Hausing (MH) Overlay (14S-40/MH) Dl:istr:icit (Guilfoiid County) amt Agrkiulturlal (JAG; Eiisilriict (Guilfoiid Calmly; to a Clond:ilional Usel Aglriiculturial (CU -AG) Eisilrict. It is understaod and acknowledged that :it the proparty is riezoned as requested arc the ConDional Usa Hemmit authorized, the praperly described in this ilequesl will be perpetually bound by 1hel use(s, authoriaeld and 1he clondalions imposad, unless subsequently changed ori amended as provided foii a Tulle 9, Chaplet 3, of thel City Code. It is furtheri understood and acldnoAledged 1halt plans for any deve.lopmenil to bel made) pursuant to any such Conditional Use Permit so authorizeld shall be submitilad to thea Taclhniical Moview Commitlee and/or othar such approval authoriticis for rauie'A in tha same manneii as alhar such plans now riequiriad to bel appiioved by 1he Oly of High Mini. ,��,�i�;�� cif AIM'" 'A A fjA OF Or REZO NING CASE 0 1 19 N Depariment of Planning Request Fiom: Agriculturial sind Residential amid Development Single Faimily-40 JIGuiffbi3tid Cci] A Toi: Conditional Use A gi iculturail. City of Higbi Pcint Oxisting Zoning Boundary Pmapaiseid Zoning Boundary Bate: J ul3q 10:, 2 C 0 1 Scale!: V = 400' 1:/ba-pz20Q1/pzrjuijI.apr DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Ro r D. Q ue(m c Gct..) Amanda L. Q ween (STA TD) l (C OUNTY ) c I, CK1\ fl if _ . Y do heneiby certif 11ha1 _ bafore me this day and aakr in the fcireiElaiing application. Rltiacm'ng Case CI1.19 Carditiara] Usti Peirn it MRR of H:igN Pair 1, UJC . Page 4 of 6 7177 Sluits Road Arc hd ale, NC 27263 7177 Suit Road Anc hd ale NC 27263 a Notary PC6AL,. 'i of sand County and Slate, te, U SFr ei� lk `-"Mrs�nall l y camel 1 hat he/she i s 1I ha owner of I reall praperl y deisciri bad st WITNESS my Hand and officialseat this the I day of kdyc , L, 20 IL rjt_',, �k , 01 C� NotaiJ5 Public J. FFIOC& SEAL.` N t M hli6 NOr* cam" County OfGuiftd 'Sfilnley S. Mdl�lli91 •�. .�• �• rn,� 1/30/2003 My commisdion co4plimm: DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 F. Nonblei t Hector, Manager MRR oil High Point, LLC Iia ke, (County) A6114 Lro/1(10- (Stata', R020niinIq COISU (H-151 Conid:ifioniall Use Nrmil N RIA of High Point, IJIJC. Pagof cif 6 421 Ralcighl Vim Road Ralci ghl, NC 270 0 I, Me_lodl e, .Wirr- , a NotarN Bubllic fdr said County and Slate, do harabN ciartify lhart F. Norbent Heaton, In parsonalllN camiei before mien thus day and aakrlowiledged lhat he is Manager of MRR of HigH Point, LLC, a aorporaticrn, and thal by authority duly Eliven arid as the act of lher ciorporalion lher foregoing inslrumernl was signed in its namic bN ils Manage r, sealleid with its corporate seal, anc attested bN himisellf/herrsalf as ails Assistant c erciretary. Noverr) ber' V61TI�,NFSaSr�� hand arid official seal, this the o> 1i day of 20Q. ' L\ &3}��`� N a Nol at) Pub] i c 3 20CL3 �p,uxplras: I , P DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 e� F. Norbert Hector, M pager MRRI of High Hoint, LLC �64 3r iA-a, C7(S T TE; 0 Le" (Ca UNTM, Raaordrigl Case (11-1q C orlid il:ianai. Usa Pumil MMR of Higlh Poiiml, LIUC. Pagle ( of E 421 Raleigh Nueva Road Raleigh, NC 27610 I, ,I -ewer- , a Notary Aublia of said Courtly and Staler, do hereby carlify thal F. Norbert Hector, Malnagei of MRRI cf High Paint, LLC, personally acme before me lhis dory and actklncwkidgad that MRM of High Point, LLC A the owner oft raal properly described in tha foregoing application. WIITNESS my hand and offiuial seal, this the Oj day ofden br, 20 -N. (O1ficial S eal) Notary Pdblic My commis � ion expii esu c al , 20 0� . DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 AN ORDINANCH AMENDING "'DHE C"'5A OF HIGH POIN'D DEVELOPMENT ORDINANCH," PUIRISUTANPII TO SECTION q-3-12, ZCNING MAP A.MHNDIMENTS, OF 'DHE DEVELOPMHNT ORDINANCE. WHEIRFAS, the CAN Caunciil of The CitN of Haigh Foint adoptead '11hea "City of High Point Deavealopmant Ord:inanlcie" on January 7, 1892 with ani affectiNci date cif March 1, 1992, and subsequerilly amended; WHEIREAS, public heaarings were hold beifore thea P:lannlinEl and Zoning Camimiissioni of the City of Hii€r Point on July 24, 2001 and beafora the C:ily CaLlnail of the C:ily of High Hoinll on Saplember 17 and Octobear 29, 2001 regarding 1:4ezoning Casea (I1-19 a proposed amendmeant la the Off:iciial Zoning Map of tha "C:i1N of High Point Devealopmient Ordinance"; WHEREAS, noticie oft the pubIl a head ngs was publisheid in 1ha High Hoin1 Entc!Mr:ise on July 15, 2001, for the Planning and Aor.iing Commission public heaaring and on Septeamibar f, Septeamibear 12; Ocitobar 19 and Ocalabear 24, 2001, for the City Counei:l public) heaaring plursuant to Chaptenl 160A-364 of tha C anaral Statutes oft North Caralina; and WHEREAS, 1ho prlopased amendment was adapted by the City Councail cif the CiIy oft High Poiinll on October 30, 2001. HE IT ORDA INED BY THE CITYI COUIN CIH OF THH CIT'1 OP HIC H POINT: SECTION 1. '11hat the Official Zoning Map cif 1he City of High Point, North Carolina, bei amiended to eistabllish lhei following desciribed areia as: A Conditional Use Agricultural (CU -AG) District. The property is lociatead €eineiral]N located approximately 800 feet south of Kivalt Drivel along the west side of Miverdailei Drive arc north of Cashatl Moad and is known as Guilford County Tax Parcel(1s) 1-f-94-7043-941-'11, 15-q4-7043-941-3, 15-94-7(143-941-4, 15-9427043- q4l -116 and 1-1 -94-7041-940-9 (portion) and miorei speaeifdicially desciribed by thea following mutes arc bounlds desciript:ion. SUIGCHSTEDI LEIGA.L DIESCRIIHTION BEIG1N AT THH MOST NORfIIHWIEST CORNEM OF SAID TRIAC'Il AND HAVING N.C. NA D 83 COORDIINA TES OF N-802,1196.0603 AND E-1,72-',4(9.7294; '11HENCE1 S 79-30-00 E 674.83 FBET TO AN EXISTWC IRON PIN; 'DHENCFI N 10-41-1-28 H, 1,0(10.49 FEFIT TC AN EXISTING IRON PIN; THEINCE S'19-22-17 H, 473.86 FEEIT TO AN ENISTING MON PIN; THHNCE S 79-112-1( E, 564.06 FBET TO A ST10NE; THEN CH S 78-31-2I-` E 46.1 1 FEET TO AN ENISTING MON PIN; THHNCE S 7EI-214-25 E, 256.52 FEEII TO AN ENISUNC MCN PIN ON THE WEST MGHT OF WAYI OF MIVIERDIALH D DIVE; THENCE W HH THE WEST RIGHT OF WAM OF RIVIERDIA.LH DRIIME THE FCLLOWING BEARIINGS AND DISTANCHS: S 5-4(-24 E, 17 ]1.-'0 FRET TC A CCMPUT]EID PCINT; '11HEN C H A CURVE TO THE LEFT, CHORD BEARING AND D1ISTIANCE BEING S ]15-44-04 H, 384.64 FEET TO A COMPUTED POINT; THENCE S 25-41-3( E, 7231.50 FRET `110 A CC NCRETE MC NU IMEN T; THEN CE S 32-13-07 H, 290.01 FBET TO AN HXISTING MC N PIN; THHNCE LEAVING THE 14IGHT CF WAY OH RIVIERIDDA.LEI DRIIVIE, S-131410-09 W, 2'14.-` 6 FEET 'DO AN EXISTING 114ON FUN; THHNCE S 12-411-20 W, 11,88.31 FRET TO AN EX]A NG MCN DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Rte mininig Ord inianice Case 01-1 SI Palle 2 of .2 BIN ON THE NOW CITY OH HIGH BOINT CITY LIMITS;THENCE N 77-494 1 W, 202.SI1 FEET TO A C CNCRETE MCNUMENT; THENCE N 68-21-1] W, 309.88 FEET TC A PIC INT IN THE CENTERI CP THE CREEK ANLI BAS"IING A CONCRETE MONUMENT AT'I91.08 FEET; THENCE! 'WITH THE C REBEI N ;11-30-44 W, 3110.26 FEBTI TO A COMBUT ED POINT; TIHENC H N 20-•` 8-24 W, 156.34 FEET TO A COMPUTED POINT; THENC E N 41- 44-25 VAI, 56.0 BEET TO A COMPUTED POINT; THENCE N 56-251 4 VAI, 189.63 FEET TO A C OMBUTHD BOINT; THENCE N 3f -23-27 W, 108.40 FEET TO A COMPUTED POINT; THENCE N 39-3ISI-54 E, 148._`0 FEET TO A COMBUTEDI PCINTI; THENCE N 42-1_`-26 W, 11SIZI FEET TO A COMBUTEDI BOINT; THENCE N 251-09-22 VAI, SIS1.4 FEET TO A COMBUT ElD BOINT; THENCE N ('3-51-46 W, 76.'x3 FEET TO A CC MBUTELI PIC INT; THENCE N 84-49-43 W, 11 16.68 FEET TO A C OMBUTIED POINT; THEN F N 22-04 -17 W, 331.40 BEET TO A COMPUTED POINT; THENCE N 6-31S11-49 E, 70.9 FEET TO A COMBUTIED BOINT; THENCE N ('349-40 W, 69.31 FEET TO A CC MBUTEDI PC INT; THHNCE 111 69-14-25 W, 29.48 FEET TO A CC MBUTEDI PC INT; THENCE! N 28-34-01 W, 17.78 FEET TC A C OMBUTED BOINT IN THH CENTER OB THE CREEA; THENCE! LEAVING THE C REBEI S 18-14-f 3 W 23.43 FEET TO A CONC RET El MONUMENT A Nil CONTINUING FOR A TOTAL DISTIAN C H OH '385.1f FEET TC A CONCRETE MONUMENT AT THE NORTH EDGE Of CASHATT RICAD MIGHT CF'WAY; THENCE N 49-4SI- 45 W, ;140. ;11 FEET TO A COMPUTED BOINT; THENCE N 451-46-45 W, 286.91 FEBTI TO AN EXISTIINC IKON BIN; THENCE N 46-33 ` VAI, 87.67 FEET TO A CCMBUTELI BOINT; THENCE N X19-08-30 W, 9(.91 FEET TO A COMBUTEDI BOINT; THENCH N M-119- 40 W, 511.E 1 FEBTI TO A C OMBUT HD POINT; THENCE N 48-37-06 W, 11 4._` 4 FEET TO A NEW IKON BIN CN THE NOMTH RIICHT CF WAY CF CA11IHATT RICAD; THENCE N 3- 48-50 E, -193.11 BEET TIO A NEW IRON BIN; THENCE N 78-1SI.05 W, 12(.35 FEET TO AN EXISTIINC IKON PIN; THENCE N 4-34-3f E, 6231.06 FEET TO THH BOINT CB BEGINNING CC NTA INING 1511.03 ACRES MC RE C R LHSS . SECTION 2. Should any suctiian or provision cif this ardiinancle ba ducllarud invalid, such deaisiian shall not affect the ualid:iIy of lha rarnaining ploriions cif this ordinance. SECTION 3. That al:l ordinanclas or parts of ordinances in conflict with the prouisiicins of this ordinancicl are hareby rappaled. SECTICN 4. This ordinance shall beciarna ciffuctiivell upon the] dates of adoptian. Adopled by C oily Council, This the 30th day of October, 2001. Ilisa B. `liiarling, City C ]lark) DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 .Iplec'ad U,a Parmii 01-0E MRR of Haigh Paint, LIK. Pagel :I of < SIHECIAL LSE HERMIT 01-06 CITY OF BIIGHI POINT, NCRITH CARIOLINA C ctoblen 30.2 CI01 (Ad ophid ) THE CITY CP HIIGH POINT CITY CCUNCIL, AUR'SUANT TC SECTION 14, SPEC IAIL USE PHRMIITIS, OF THH CIITIYI CF HIGH AOINTI DIBMELCPMENT ORDINANCIH, AFIPRIOVFD A SAECIAL USE PERMIT ANDI SITE PLAN FORTHE PCLLOWING USE, SUBJECT TIO THE FC BLOWING CCNDITIIUM1111): USE: Dlarrialit:ion Dlebnisl Landfill (Ma.or) and customary accessory uses assaciiatud with This uses ass allowead in thea Agriculture (JAG, Dlislrict shall bei permilled, sub'ecit Ica the development and dimensional racluiiiamenits oft 1he AG D;istr1clt. CCNDITICNS: A. Openiation c& this facility shawl ties perrrittead only batweaen 1ha tours of lam and 7pm Monday thln Friday and hiomi 7:30 am to 1:00 pori on Satuiic aNs, eaxclludinlg nalional Holidays, unl ass specifically authorized by thea Cily. Any operation beyond ltlasea days and hours shall be in acicordance w;ilh thea following reaqu;i neameants: 1. Any neaqueast far extension shall tea approved by thea C:i1N Managear. 2. Request 1611 extendead apearat:ion shall only ties for emangenciN siituations, suahl as debris removal afNenl a hlunicanea, or ,similar s:iluat:ions in which 1he tamely removal of debris is a public neaess;ily. ?I. The property ownear shall] be nequiread to submilt a writilein reiqueast calailing the purllase, public saftslN is:aueas and numbed oft daNs fon thea requested eaxlenls:larl. 4. In no i.nstanci a shall tlaursi of operal ion ext end pasl 1 l pm. B. The use and thle bounc ary of thea filling/grading area shall cicanform Ica the appravead site plan. No glradingl and/or filling shall be permitted outside of This area. E licaeapt fon approved aaciess poirils, sedimeanlation ponds, stormlwaleail control measures, and eonstruclleid wellands/slreaambankl restoration pno'ecils, no aspect cifthis apearation shlal:I be within 1He Watearshed Crit:iaal Area for Rand]leamanl Bake. Al a minimum, all can -site enlgineereac slarmwalerl control ponds shall be oversiaead by a tweinty (20, percent capacity facito11 based on a 25 -year storm deas:ignl. C. Landscaping and Scneeaning: 1. A minilmumi fifty (If 0' foot wide Ilype A Filant:ing Ylanlc shall bel reaquiread wherea thle site abuts neasideanlial uses and/or zoning along plea northearn and easitern propearty linea (next ilo Guilforld Count)I Tcni Paraehl IS -•94-71641-•940-E; IJ -94 -7043 -941 -JA & 23; 15-94-71043-941-Z- cdong j1hat p option of J 5-94 -- 7C 16-882-•4 lying narlth of the L take power) mansmihision iline ana along j1he entine h iverdcil6 Didw frontage of the Title). A]I existing tneeas and vegetation shall ba preasearved in this planting yard anc supplemieanted, whlene neacaeassary, to DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Speakil Use Hermit (L -CIE MRR cif High Paint, LLC. Ngle 21 cdl 51 mciet the 1lypci A P]lalnling Ylard rales. The property ownar shall bel permitlead to romlcavca unheiaalthy vogealaticin and vegetation that may pose) a dangers. The property owner shall also bel pearmitlead to prune) existing vegetation within the planting yard wiela in orders la maintain the health of thea ex:ist:ing vcageatat:ion. 2. An eaaarthen serlecining berm shall bel required la ,icircicin the) visual] and rlcaise impacal of alho uscl. At a minimum, such berm shall caonsisl of alho following: aI. Ila bcarml shall to cistablisheid internlaallN upon 1ho silex, outside cif lho mlinimum fifty (If 0' foot w:idca IN11ci A Ranting Yard, along the norlherri anc eastern porticiri of the) site (Iriext i10 Gu;i;lfond County 7lax FlcircE;is i 5-•�4- 7041-940 8; j5 -94-.7043-941-j7 & 23; and along the entiirE hhiverdale Driw frori tagE of the AtE . ) b. M:in:imium deavelopmeint slandalyds foci the berm shall consist of thiel fcallom ging: i. M inimum 1 en (10) foot high). ii. Maximum'4I:1 sicca slopes. iii. Minimum five) (5) foot widci leave) 1111 ant ing area upon the lop. iv. 11hca berm shall bei reaqu hicid la Have v Bagel atil v e ground cloveir and civenigraen trees upcan ltei five (5) fciot wide planting aarcia. Trocis shall I ci planted a magi imum of 15 fcaeat aparl and have a minimum cialipler of 1 - l 1/2 :inch cis and height of six (6) feel a1 the times of planting ca. Along alhca Riverdale Rcaaad fronalagei cifl the sitca, the berm may not be requiried ;in areias used fora vehielei aeaciss cm non-prcaaeassing officie/suplport structures. In no instanaci, shall thore be a breiak)gap of mode than 1100 feet oft lhei berm fear acct ass ori offficie/suplport strualurcis. d. The scriecining berm shall bei riequirled to be fully installleid and landscaplcad priori to thea commeinciement of any demolition debris landfill grading or fill acilivity other than the exeavaition of cin -site materiiall fcin Ila t orm itsclf. D. Development of ttcl site and dere alit:ion deabris landfill) grading 1611 fill areas or filling acitiv:ily shall not ci amimence until all 11oaa1l agency approvals Have bcierl granteid and lila Slate's "pearmit to cionstruct" has been issueid. E. 11ha demcilition debllis llancfill shall opleillate in conformity will all reilevant loaall and stale public health and safety regulations and ;in such a manner as to plreaveml lHe arciaat:ion oft a nuisance, uniminitary cionditions, or potential public health Hazard. The City Cclulnail, upon shorn ing of due cialuscl, shladl have thea authority to scaheaculca aI hearing and cons:idor the revocation of this permill uplcan eavidence oft v:ialaition of any stale and local rlegulalions that g avearn this usci. At its option, the City may also eleact to :issuea a "notice of violation" fbrl mincir or incideanlal violations tHaat area easily can quickly aorneated. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 9peaial Usei Permiit 01-0E MRM till RIi€Ih Poi nit, LIIIC. Aa€le '2I of F. Prior to app'ly' to the Slate for a perrrit to operator ar camolit�ion debris landfill, including awl permit riev:ierws bbl Iter Slate, the ownedoperalcm shah gave not:icie to the Departmar.rl of Planning & Develcipmanl of such appliaalion. Such notiael shall bel a min:imiumi of 30-daNs priori la fiilin8 of the aplllicatior.r with )her State. The purpose) of the r iol ifical ion is so thal the) clIN may aommar.rl to Ther Slater an the riequesled approval. G. Priam to Brach permit raview t y the) "Itarle, the owneri/operator stall notify the Ilaparrtment cif P:larining & Dervelopment of such relview in orideni to allow thel City a rerasonabla opportunity to arisure it al the demioilition debris landfill is operating in aaciorc ancie with the conditiciris of this Permit. Ther ownelr/opeuiatori shawl offers to amand Itis Permit to :iriciarlloriale any new riegulalions adopted bN the) Stalel of North Carolina that pertain to demo:lilion dabr'is landfills, so long as the newly adoptad riegu:lalions ares riche) stringelnl that current relgu:lalions. Ther Department of F lanninig & Davalopment st all be ai:lhor�ized to determiner whether it is in the) city's �inlerest thal such newly adopted Stater iiegulat:ions bel incorporalad into this Permit. H. Accass to the laricfill shall be ciantralled witt gates, aharins, fencers, ditahas, and/or lraes to Flrmanl umiegulatac dumping. I. A:II unpavad areas st adl ba maintained an a manmier whiah prervernts dusl from advarseIN impacrling adjacient Flroperlies. The access crivas shall be of all-weartheii cionstruclion ant properIN maintained. Adequate arosion contriol measuiies, structrlras, or devices shall bei r:llil:iaed to pravaril soil for :lerarving Ilei Sita and to prervanl axaerssive on site arasion. J. Appropriate methods shall be Flrovidad to confine material subjact to ba blown by the wand w.ilhin then arerar. At the conclusion of eacH day of operialion, all wiridblown materrial resulling from thle operation sHall ba collercted and rerturr ad to the area by the owner or operralor. K. No filling is perm 11ed in anly Flood Hazard Ai era. No filling is permittad in rn nor driainiageways unless the dria'iriagja has berern piped ari accordance wilh approved plans. No filling is permiilted in utility erasaments. L. Landfills shall be alosad w:ilh a minimum of Iwo (2) facet of claan soil, graded to a maximum slople of Three to orae (2:1), and slabiliaerc witH vegetalion or by others approved merans. M. An inforrr.artion board sign sHarll ba postad and mairitainad al the entrancia, lasting then name and le:laphone number of Ther cunient operralor, the lyples of materrial accepted, and Ther Hours of operrat:ion. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Special Use Perm it 01-C16 M14R of FligE Haim, ILC. Aaiga 4 of `I N. Porticaris of 1ha site lying within Hier �-I cif 1ha Randleamian Lake Cr.ilica:l Watershead Arena shalll not be useid for filling or stcaragea of deibris fon lhel Majora Demoliilion Landfill. O. Lladicalion for But 11 i Use 11. Thle property owner agrems to deldicale for public reareaaational user by thea C oily of Haigh Point, or sell al nominail price for thea samie plurpase, all aareaas sittlated or lysing abova thea Major Deamolilion Datris Llandfill after 1he elnlinel landfill on seactlons lhelroof ares al clapac:ily and capped aff. This offler ofl dedication or sale is plredicalead uplon: a. Aplppioua] by all plennitling aulhodlies; b. Aplprouail by 1he C:ily of High Plaint; c. Thle City's aareaemenl to incaun all mollintenanaea aid liability relsplonsat ility far thle relcrealional facilitieas; and d. Thle property cawner's relaasa foam ad vadoneam lax fiat dity for 11 ea plorlions of the sile sold on ceadicaled. '4I. All mianlitmina and olhem land fila redaled cost and liab.illitieas wound continue to be the reaspons.ib:ility of thle property cawner. "Nominal pr:iclea", as staled above, shah be inlelrprated as meaning suff6iciienl ci ansideratican floe clanlraeltual purploseas and/or sufficient to miligatel additional ocists :incurred by thea pnopcartyl ownem to fulfils this aondalion. P. The landli'll miaaN only bei used so lona as the aplpllicanl is capearating a recyalinla plrociess.ing ci anter ori site That readuceas lhei slreiam oil materials enleirina lhei landflill and monitors the materials entering 11 ei landfill. The appl:licanit furthlerl agreas thal cassation of use oil 11 ei recycalinlg processing clenter shall provide suffic:ienl authotily wllhiri the City of High Point to rlevoke 11 e prloplerty owlrieir's conditianal usa and special usei peirmits goueiffina and allowlina use of thle demolitricin debris :landfill oni 1he sites. C. Tha property cawnem aaknowlledges lhlat all aond:ilions clonlaained in this permit area binding, legal caondilions, and That failure to meaeat anN of the conditions heireain maN nesult:in revocation of thea perm 1 until such conlditicns area mel. Descmiptionl oft Brcapearty: Being a total oil six ((; lots totaling approximalealy 1153.8 aciras geanerally llaclated applroximalely 800 feel south oft Kivell Drive along 1he weasl sides of R.ivendale Dtivei and north cafl Cashalt Roac and is kncawn as Cuilforc Counly Tax Platice](s) 15-94-7043-5141-3 (portion) and 11 ots 15-94-7043-941-1, If -94-7043-•941-4, 1 -94-704'--94,1-1(, 15-514-7041-940-51, grid 18 86-1-1 (Ipcarlion; This Special Use Permiil and aplproveid sites pl:lan anew perpetually t inding uplon thea above- deiscriltead proplerty, un.leass subseaqueantly ameindeid as provided ;iri 11ei Deavealopmunl Ondinanice on Cantil a usa othem isa plermitled :in thle Donina district is astat ]ishad. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Spacial Usa Penmiil C l -CI6 MRM ct iah Painl, LLC. Paiaei 5 C This Spacial Use Berm:i I shall belcome v ci i d of for el ghll aeln (118) months f iiom II t a d ate/ of Ciil y Counai] approval or a lessor time, it eonditicirlad, unless the Spuclial Usel aulhcirl:i2leld has belgun and/or a fbotang inspecion has telan appravad. Ulta Spaclial Use aullhor:iaeld is discianiinueld for a poriicld axaelelding aighltearl 1118) months cm raplacad by a use othaimise perm:ilted.in tha AoniriE district, then 1 t o Special Use shall t a deamad at andanad and this Special Use Parmi t shla111 ba null and void and of no effticlt. 1f fbr any reason any condition imposad This Special Use Bermiil its found to tel illegal on invalid, Then This Spacial Usa Parmit shall be null] and void and of no affdat. 'Ma :issuancia of This Special Use Berm) authoriaas the filing cif an appllieallion foil a building parmiit, sine plan, slubdiuisilcin ar other) davalopmenit apprava] as raqu:irad bN the Devalorlment Ordinance. SAECIALI USE PERMITI 01-06 AND THB ACCCMAANYING STIR MAN WERE AAPRIOMED IPO THB CTTYI COUNCIL CF HIGH AOINT, NCRMH CAROLINA CN THE 30`x' DA YI OF OCTC E EM, 2001. Ah A- illy, jLvn-- Lisa B. Vliierli.nlg rC 1,36)6 I Dail a DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 ------------------ o 1+ R p qD ti t , p AG == .AG y 13 Eno aq 6 p! ❑ 0 = R -40 AG_ ry RS -40 � 4 4 , / o RS -40 HIGH POINT 13 ri AG AG LI r' ; CORPORATE LimrTs r' RS- . Q= t a AG A u AG ''- LIPr 61 � � • , -!AG °� HI ' HIGH Po1Nr HI SPECIAL USE PERMIT 01-06101-07 Department of Planning � Request: Special Use Permits to allow a Demolition Debris and Development Landfill and a Recycling Process Centex- in a Condition Use Agricultural district. City of High Point Property location of requested special use Date: July 11, 2001 Scale: V 800' i:lha-pz=0Vpz j my-apr ����///��/��i�fii DocuSign Envelope ID: D19F47D5-B817-4094-858E-AllDC9F14096 Y S 1 I WATERSI ED I i CRITICAL ' ` AREA t. t I 1— _----y--`— y � 1 j 1 Rl Or f �I r o I /. I I / I I �. / •`. +! y / , t I/ 1 �+ I 1. I e i 1 / 1 J 70' TALL X 43' WIDE I SCREENING JB / � 4 / / 50' TYPE A _ PLANTING YARD low t I t t t t I ' 1 y I j1 r r J I I TENTATIVE' PHASE � DISPOSAL AREA RECYCLING PROCESSdNG CENTER AND MATERIAL STORAGE AREA SCALEHOUSE AND SCALE ---a ELI CD C3 1 1 a4 e_ --JI II �I f D II 1 � FACILITY " OFFICE ��-- L f` d 0 d 0 010 00- M�rri l W • sot f' IFr rrtir ,-- rr■ 1i�R3 rrrrrr• - -- f=J C3 I pWATERSHED CRITICAL CRITICAL. \ AREA DESIGNEn sd Lnc.x,.a„wo surzm DRAMq___SAWjNk _ CHECKED .1�_rE ..«mr� mur..aa. DATE–OAPPRV lhatDt 091—,9NEERINGNC. • a.,..P�"�"'.2 THIS DRAWING CITY IS PLOTTED TO WALL FIT 11"x17' AND IS NOT 1'=180 4.30.07 TO SCALE �. ACCESS ROAD PERENNIALSTREAM/WATER SURFACE ------- ADJACENT PROPERTY UNES MATERIAL \ STORAGE LIMITS OF WASTE SPCA �4 GM— POWER LINE Q BUILDING APPROXIMATE WASTE LIMITS PROPOSED SEDMENTATION �/ PONDS APPROXIMATE LOCAIIDN oDO00dp 40OOtl O[1trODu ✓944D44 •.�� sY 1 Rb04DD Ctr0040 O EXISTING POND an44trp" trflao4D tluon44 j'� q o •� FACILITY " OFFICE ��-- L f` d 0 d 0 010 00- M�rri l W • sot f' IFr rrtir ,-- rr■ 1i�R3 rrrrrr• - -- f=J C3 I pWATERSHED CRITICAL CRITICAL. \ AREA DESIGNEn sd Lnc.x,.a„wo surzm DRAMq___SAWjNk _ CHECKED .1�_rE ..«mr� mur..aa. DATE–OAPPRV lhatDt 091—,9NEERINGNC. • a.,..P�"�"'.2 THIS DRAWING CITY IS PLOTTED TO WALL FIT 11"x17' AND IS NOT 1'=180 4.30.07 TO SCALE �. ACCESS ROAD PERENNIALSTREAM/WATER SURFACE ------- ADJACENT PROPERTY UNES +••�+•� FACILITY BOUNDARY WATERSHED CRITICAL AREA BOUNDARY LIMITS OF WASTE — . — x — FENCE LINE GM— POWER LINE Q BUILDING APPROXIMATE WASTE LIMITS PROPOSED SEDMENTATION PONDS APPROXIMATE LOCAIIDN FLOODPLAIN APPRD)OMATE LOCATION sY 1 EXISTING POND Special Use Permit 01-06 and the accompanying site plan were approved by the City Council of High Point, NC on the 30'h day of October, 2001. I Special Use Permit 01-07 and the accompanying site plain were approved by the City Council of High Point, NC on the 30'h day of October, 2001. City clerk OF HIUM F'UIN I, LLL;. DRAWING GH POINT NORTH CAROLINA NQ, MASTER SITE PLAN) Ib 3d a Date DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 MR OF HIGH POINT, LLC CONSTRUCTION & DEMOLITION DEBRIS LANDFILL HIGH POINT, NORTH CAROLINA PREPARED FORT NRR OF HIGH POINT, LLC 431 RALEIGN VIEW ROAD RALEIGH, NORTH CAROLINA 37+10 FOR PERMITTING ONLY SITE APPLICATION PREPARED BYi JUNE 2002 .� �, •_� REMISED JANUARY 2003■•� ENGINEERING, INC. 2301 91t9T ■9AOOWVItw ROAD, 9wTe 203 QRSENSMOR0, MMTN CAROLINA 27407 {330} 223-0092 FAM (223) 323-0093 C3 2QG2 j. c. _n- r. — An . qnlz --d DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 NOTE: 1. THE LOCATIONS SHONN FOR ALL BORINGS, TEST PITS, AND PIEZOMETER P -U (UNKNONN PIEZOMETER) ARE APPROXIMATE, LINE TABLE BENCH MARK INFORMATION: ' POINT NORTIfINC I EASTING ELEVATGN ESM -1 SD3070.83 1727'538.54 Bi 2,32 8M-2 - 502745.01 11727543.71 803.59 's 5 s c d 4 GRAPHIC SCALE a too aoa ana {fEE'r? 1, N BEEN Y�,. 1 r, PURI AND �! N1L1. 8€1i7E7MOl1SiFO 8036C0 i - ...IffRSE ( VALLEY LANDFILL EXPANSION 2. AREA auz5oa r %' % PAjDPPSEO�.__ DISPOSAL. i"T ! AREA FAauTY s r V /,—PROPERTY BOUNDARY 2 _ RESIDENTIAL NEIL TO + ,t Y _ r N 89;3Ui+0 - mBE ABANDONED + T . EXISTING STRUCTURES _ Aa _ 1 a TO BE REMOVED ` _-+C,- ',�4OP D r ❑ r-E73STING RESIDENCE TO RE E _ ;, USED AS FACILITY OMCE ECYLING OTNER STRUCTURES TO SE BP D MATEPAL ! r t\ REMOVE➢. ` I S RAGE ARF_A ----�I1 L� +i— =.f- --- "f SEE HOBS � AND 2� II M 8Q2500 RESIDENTIAL 1. ! BE ABANDON �- u r,♦ -1 r 6 I r I i FUTUitE r5 w N 802000 r - w MIN. j� ri r o n MIN L B-3 .1 1 I Y{ i. FF'{"••' f 9 l j� 1 W x 0 19tj19 5d$ MIN. S 1 {• f 1 ` WIN.f .� , I 1 n. E]QSTINC STRUCTURES / / a` : ,.! TO BE RCWOV D 90'SOO _S. gr"+rd ?* _.J" I , ��$'" �'!x „L. -4'S r ., •S N $Di 0 ,r ���� w 3 �y PI HAS BEEN `.l� z I S PURCHASED AND z WLL HE o DEAIOUSHED I Lu j Lj- r W 0 00 0 I�ssoDfl i + j" ...�. N ao sag _ ,J 0 !� � ` r, C7 ,f CRE_ ; a z id s _ s 1 1,' 20 N 15 '+�• `� Z 0 J � PRO ECT N0. 600.06 +` � j a I t] I '_�. �Ss �4ti t3 -•. rTSi.. � - �-._».���_� I fy 794500 + -- + i r'' �f J ' N 79?50,Z sc 200' 1 1 DRAWING NO. 5A5 REWSED DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 o$M - i � , � „� I I � rf - • 1 � n F ` f 1 • / f i/f 1 If '.^t / - li II fflr 11 �rllF J i ii11 d Lu o IGO r < LLI0. Z ff \Q c E of La ' r - z z fExf U 0 pPRUQT N0. 600.{}6 1 "=100' • - r Nye 0 DRAWING NO. REVMM DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 NOTES: 1. TOPOGRAPHIC CONTOUR INTERVAL ® 2 FEET. 2. BEDROCK SURFACE CONTOUR INTERVAL - 10 FEET. S. ELEVATIONS REPRESENT THE ESTIMATED TOP OF BEDROCK, WHICH COINCIDES WITH AUGER REFUSAL EXCEPT FOR P-10 AND P-13. CORE DATA WERE USED TO DETERMINE THE TCP OF COMPETENT BEDROCK AT THESE LOCATIONS AS EXPLAINED IN TABLE 3. 4. THE LOCATIONS AND ELEVATIONS FOR ALL BORINGS, TEST PITS, AND PIE$OM €TER P -U ARE APPROXIMATE. 5. THE ELEVATION FOR P-4 WAS NOT USED IN THE CONSTRUCTION OF BEDROCK CONTOURS AS EXPLAINED IN TABLE 4. GRAPHIC SCALE s� IFEETI fr , r ' r V ` PROPOSED FACILITY ! �� f PROPERTY BOUNDARY ' ` r 1 ' / \ x810 ! ! S9-1 j i x 81I •� ' f i 1 1 LQROiN6 i FLRRf%8 METAL@ \ / j i AREA i 1ex7ex2o. axil x CLEAN WOOD i urAOMa r h PRD Txxteoxxo j AF11 j ►xQ1 ``� ` - --_ - rtsx,eoxm -FIERIOLIAIL � L-----------iL011INAL T6xIan 1 w -----"`- x2c '1 i --r --- - .-_. -- CLEAN WOOD > , GTOCIVILE 7EX75XM LRF AND 1 fip POM r 1 r r3 >Ax caPECTION CpDMA78NAL •�� ALIS IxY1AR6A PIFea r 19Ox125 186x125x2A T6x=x13UNPROCEM NOW x r rat - `^r f r �� I f r if rtr i I h 4 i � I h r rat / I h I � � I h 4 i � I h i f h 1 � h ; h 1 1 f f t. h 1 1 h- h f 8TORM E OF REUaM NX125X81 STORAGE TRAILERS mxeo x21) PARKIMB EMPLOYEE BUIDINO Sr. -e �a J J L� O z d UV) J m LJ z 00 �F- T J 19 O 2 Lid LL Q c�dl } J L-1 LLL M MO F- t Q U LL3 ly PROJECT NO, t 60(3.05 1 SCALE CiF'1� 1"-50' DRANNG NO. CP -13 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 special Use Permit 01-01 M RR cif High Po:init, LLC. Pa€fie 1 of 4 SIPECIA L USE PERMIT 01-07 CITYI C F HIG H AIC INT, NOMTB CAMC I]INA October 210, 2001 (A dopl ed) THB C ITIY C B HIG H F OINT CITYI COUNCIL, PIU14SUAN T TC SECTIC N 9-3-14, SHECIAL USE HBRMIT9, OP THE CITYI OP HIGH POINT DEVELCHMENT CRDINANCE, AHPRIC VED A SHHCIAL UISE HHRMIT AND SITH PLAN FOR THFI HOLLOWING USE, SUB JECT T O THE PC LLC WING CONDITIC N(S; : UISE: Recycling Proccassing Centcui and customary acccassary uses associated with tlis uscl as allowed in the Agriaulllmie (JAC' District shall bel pormiittcad, subjeal to lhel devaloplmeanl and dimelnsionial iiequitemenls cif the AC Disitiel. CC NETTICNS: A. Cpeareltion of ilhiis facility shall be perm:ilted ar.ily bcalwecan the hours of lam and 7pm Monday thru Friday and fkiom 7:10 am to 1:00 pm ori Saturdays, excluding natiorial holidays, unless spcacaifhaally author:isaed by the City. Any opeiialt:ion beyond lhesea days alnd hours shah be :in aaacrdanaa with the fklllow:ing rcaquircamielnts: 1. Any reaquast for exteansion shawl be appiioveld by tho City Managers. 2. Request for cimianded operation shall only be fbri emergency situallions, such as debris removal after a hurr:icaaane, ar similar situalions :in which the timely removal of debris is a public neciassity. 3. The property cawner sl all ba required to submit a written request detailing the plurpose, public safety issues and number of days fbri the requested extcansion. 4. In no instancie shall homes of opeuiat:ian extend past 11 plm. B. The use and the boundary of the filling/gradir.ig area shall conform to the apptovod site plan. No grading and/ori filling shall be parmittcad outside) of this area. Bxcaelpt for aplpravcld aacccass points, scadimentalior ponds, stormwateri ci anlroll measures, and constructed wat. ands/streamibad restcralion projelcts, no aspaat of this oplclralion shal bel within thea Watershad Cridical Asea far Randleman Lake. Al a minimum, al] on-sile cinginaered stormwatcr control plonds shall ba oversisaec by a twelnl A (20) percelnl capacity factor basad on 25 -year storm dcaslign C. Landscaping aand Sclreaenina?: 1. A minimum fifty (50) fcaal wide Type A P:lanling Yard shall be requited where 1he situ abuts tesidantia] useas andiot zoning along the northern and eastern property line (nexil to Guilf and County 71ax I aticels j 5-94 -.7641-940-61- 15-94-7043-.941 -17 •7641-940-615-94-7043-.941-17 & 23; IJ -514-7043-941.7; along that portion (f 15•.94- 7016-682-4 lyiin� north of ilhe Dukk power trammisijuion link and ailong ilhe entitle hlivetidaile Drlke frontage of thk siite). All caxisting treses and vegelat:ionl DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Spec is l Usei F ermi4 CLI -CI7 MRP of H'glh Paint, LLC. Pa go 21 of 4 shall ba presar,%& in 1hi,l planting yarc and supp;lamented, whera necemarN, to meiat 1 ha Type A P:I ant i ng -lard rate. The property cawneir shall tea perm:i l led tca Peru ave unheaalthy vegelation and uageitalion thal may po,la a danger. The property owriear shall] naso be permiittad to prunes existing vegetation within thea 1111anling yard arena in ordalli to maintain tl. ea health of lhea existing veageatalion. 2. An esarthen screening tearm slhala be raquirad to sciraan thea visluaf and noi,lea impact of the use. At a minimum, ,lucih berm shall conisaisl of lhea followin8: a. The berm shall be esltab:lished :inlarnatly upon rhea site, outslide of lha minimum f:if1N (50) fool wide Type A Flanging Yard, alor.ig the northern) and awil ern portion of the site (nems] to Guilford County) lax llcircEil 15-94- 7041-940-8; IJ -94-7043-941-17 & 23; and along the EnitirEi filiverdaile Dritiefrontage cf the shle., b. Minimum deve:lopmerll staridares for the berme shall consist of the fo]]oWnig: i. Minimum lar.i (10; foot high. ii. Maximums 2:1 s: da slopea,l. iii. Mlinimum fives (5) foot wide levea] planliri8 area uparl the top. iv. The berm shall] ba riequiried to have vegatat: ve ground coven and evergreean Imes upon the f:iuea (15; foot wide plantiri8 a ua. Traes shall be planted a maximum cif if feel apart and have a minimum cial:iper of I - 11/2 iniches and height of s ix (6) f feel all the times of p:l ant in8 a. Along the Riverida]ea Road fiiontage of the sites, the bermi may nal t e required in areas umd fcr vehicile aacesls ori non-proaassing office/suppcart ,1lruatuiia,l. In nca insllanee, ,ihall lherie ba a bresalc/gap ofl more than 100 feet of the berm foil accesl,l oil office/support structuress. d. The slciieening berm slhall be reaquiread to ba fully imitalllad avid landsciapad piiioii to the commenaeament cafl any damolitian debiiisl :landfall grading or fill aetiuiity other than lho cmcavaliori cif on-site materia] far the beirrr.i lsellfl D. Ravelopment cif the ,lite amid reuyaling plroaeassing aeriler aetiv:iliesl slhal] not aommemcie until all local a8eancy appiimahi have been grantad amid the S1ata'sl "plarmit Ica coni,Itrucil" has beaan :ismad. E. Thea vacycEng proceslsirig cieniter sha]l opearatea in conformity wil] all ralevanit :locial and state put ]ic heaalh and saf sty regulations and in such a manner as to piievenit Ira creation of anui,lance, unsan:lag aond:iflons, m poterilial putllic heaalth haoak. '➢res City Councill, upon slhawiinig oflcuea cause, shallhave ]hes authority to schedule a hearing and ciansideri ]hes revoeaticin cif this permil upon evidence of vicalation of anN spates and Ilocial vagulatiicrosl that govern th:sl use. At its cipliori, the City may al,lca eleacit to imue a "notice cif uiolaticin" foil rnJnor cr incidental viollation,l that are amily ori quickly coniectead. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Special Use Pairil (11 -CI, MMRI of High Aoinil, LLC. Paigo 3 of 4 P. F rior to applying to 11 a Sl atea for a permit 1 o ogler ate a raayaling pli ocess:ing canter, inaluding all perm -iii reviews by the Stala, llha cawnen/oplerator shall give nolieei Ica Ito Llelplartment of Planning & 17avelopment cif such application. Such notice) shall be a minimum of SIO -days prior to filing cif the aplplliciaation with the Slate. Mea plurpase cif the notifical ican is sci that the aity may comment to the State on )tea reacueasteac applricavad. G. Prior to each plum -it rev:ieaw by the Slatea, the owncidaparalor shall] notify 1ha Department of Flanning & Develcaplmeint of such review :in orideri Ica allow the City a reasonable opplortun:ilN 10 ensure haat the recyaling processing clenteri is caplearating in accordance with the condit:icss of this Permit. Mea owner/opleniator shall offer 10 amend this Permit 10 incorporate any neva regulaticss adopltead t y the State cif Northl Carolina thal partais to reayaling priacleming uarllerisl, sci long as the naval}) adopted ragulaations aria mote striingenl thal current reigu;latiomi. The Deaparlment cif Planning & Llcivedopment shlal] be aull oriiaad to del ermine whather it isl in thea city's interest that such raeawly adoplled Stale regulations be incorporated into this Permi1. H. Access to the racycling processing cianlari shall be controllead with gates), cha:insl, fences, ditchas, and/or lreaas to prevent unregulated dumping. I. All unpaved aneaaas shall be maintained in a manner which prevents dust from adversely impacting aadjaceanl propartieisl. The accass drives) shall be of al:l-weathers construction and plrioplerly mainlained. Adequatea erosion control meaaasures, sltructures, or devkias shad] be utilized to plreaueanl soil for leaving the sale and to plrevent exces,,6va on situ erosiciri. a. Aplpropriale mealhcads shall bei provided to acsfiinea matariial subject to be blown by thea wind within the area. Al thei conclusion of each day of cipearaation, all windblown miaateria] resulting frcam the opearaation shall be aolleeteac and returned Ica 1 hei area by tha owner ar opar ator . K. No storage cif mates i als is pearmitl ead ;in any Flood Hazland Areia; minor drainageawaysl unless the crainage has tellen plipled in aaaoridanaea w;ilb aplplrauead plans cir utility easemanls. L. Maternal storage piles shall not axaaed thirty (30) feel in haigt 1. M. An informatics board sigrl shall] ba plosteac and miaintainad at the entrance, ]isling 111a names and telleaplhone riumbear cif the aurrient capearalor, the lypleas of material accepteid, anc thle hours of opleralion. N. The ppiopleirty owner acknowledges that all aonditians contailnead in this parmit area biincing, legal condilions, and lhat faiilure to meal any oft the ci andilions heroin may result in revoaalion of )tea plermil until such conditiomi are met. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Spacial Usa Permit MAI MRR of HjAh Paini, LIUC. Pagle 4 of 4 Descnipt:ion of Hropeirty: Buirig a lalal cif six (1E; lots tolaling aipproximalaly 153.8 acuses 8arieirally loealeid aplproximailely E100 fear sciulh of Kfvalt Drive ailon8 the wesl side of Riveiidale Dhiive and north of Cashatil Rlciaid and is known as Guilford County Taint Harce](1s) 1-1-94-7043-941-3 (portion; and lals 15-94-7CI43-941-1, 15-514-7043-941-•4, 15-514-704?I-514]-16, 15-SI4-7041-5140-9, and 1I8 -2I86-1-1 (portion; This Spacial Use Parrrlit and approved stile plan ante parpatu ailly bine ingl upori the aibava- described properly, unless subsequently arrlended as pravideid iri the Dleivalopment Crd:irlancia cin urilil a use otheriwtisa pernOted iri tha zoning d:istriclt is established. Thlis Spacial Use Permit shall becomes void after eighlteeiri (18; months from the dale of CilN Couriail approval on a lassaii lime, if cionditioned, unless the Special Use authorized has beguln and/or a footing irispecilion has been approved. If the Special Use authorized is discor.ilinued for a paricid eixcleseding eightaein (118; months or replacled by a use othemisa peirmittad iri the zoning) district, then the Special Use shall be desemed abandoned and lhis Spacial Uses Harmit shall bei null eirid void and of No esffesclt. If far aril resascin any clone ition imposed this Special Uses Hennil is fciund to bes illegal or invalk, then this Special Use Hermit shall be null and void and of nio esffesclt. '➢lea issuanca of lhis 9peaial Use Hermil aulhciri2es tha filing) of an aplplicaliori fon a building permit, silei plan, subdivisicin ar other cavelopmenl approval ass raquitied by lha Lleivaloprricinl C i diriancle. SPBCIAIJ USB PERM 01-07 ANI; '➢HE ACCCMHANYINIG STIR FILAN WERE A.PHRC VEDI B A THEI CTTY COUNCIL CF HIGH PC INT, NC R)1H C A.R OLINA CN 'IFM 210' DIAYI C F C CTOBER, 2001. LiA B. Vieirling Date City Clarld DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 ------------------ o 1+ R p qD ti t , p AG == .AG y 13 Eno aq 6 p! ❑ 0 = R -40 AG_ ry RS -40 � 4 4 , / o RS -40 HIGH POINT 13 ri AG AG LI r' ; CORPORATE LimrTs r' RS- . Q= t a AG A u AG ''- LIPr 61 � � • , -!AG °� HI ' HIGH Po1Nr HI SPECIAL USE PERMIT 01-06101-07 Department of Planning � Request: Special Use Permits to allow a Demolition Debris and Development Landfill and a Recycling Process Centex- in a Condition Use Agricultural district. City of High Point Property location of requested special use Date: July 11, 2001 Scale: V 800' i:lha-pz=0Vpz j my-apr DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. ����///��/��i�fii DocuSign Envelope ID: D19F47D5-B817-4094-858E-AllDC9F14096 Y S 1 I WATERSI ED I i CRITICAL ' ` AREA t. t I 1— _----y--`— y � 1 j 1 Rl Or f �I r o I /. I I / I I �. / •`. +! y / , t I/ 1 �+ I 1. I e i 1 / 1 J 70' TALL X 43' WIDE I SCREENING JB / � 4 / / 50' TYPE A _ PLANTING YARD low t I t t t t I ' 1 y I j1 r r J I I TENTATIVE' PHASE � DISPOSAL AREA RECYCLING PROCESSdNG CENTER AND MATERIAL STORAGE AREA SCALEHOUSE AND SCALE ---a ELI CD C3 1 1 a4 e_ --JI II �I f D II 1 � FACILITY " OFFICE ��-- L f` d 0 d 0 010 00- M�rri l W • sot f' IFr rrtir ,-- rr■ 1i�R3 rrrrrr• - -- f=J C3 I pWATERSHED CRITICAL CRITICAL. \ AREA DESIGNEn sd Lnc.x,.a„wo surzm DRAMq___SAWjNk _ CHECKED .1�_rE ..«mr� mur..aa. DATE–OAPPRV lhatDt 091—,9NEERINGNC. • a.,..P�"�"'.2 THIS DRAWING CITY IS PLOTTED TO WALL FIT 11"x17' AND IS NOT 1'=180 4.30.07 TO SCALE �. ACCESS ROAD PERENNIALSTREAM/WATER SURFACE ------- ADJACENT PROPERTY UNES MATERIAL \ STORAGE LIMITS OF WASTE SPCA �4 GM— POWER LINE Q BUILDING APPROXIMATE WASTE LIMITS PROPOSED SEDMENTATION �/ PONDS APPROXIMATE LOCAIIDN oDO00dp 40OOtl O[1trODu ✓944D44 •.�� sY 1 Rb04DD Ctr0040 O EXISTING POND an44trp" trflao4D tluon44 j'� q o •� FACILITY " OFFICE ��-- L f` d 0 d 0 010 00- M�rri l W • sot f' IFr rrtir ,-- rr■ 1i�R3 rrrrrr• - -- f=J C3 I pWATERSHED CRITICAL CRITICAL. \ AREA DESIGNEn sd Lnc.x,.a„wo surzm DRAMq___SAWjNk _ CHECKED .1�_rE ..«mr� mur..aa. DATE–OAPPRV lhatDt 091—,9NEERINGNC. • a.,..P�"�"'.2 THIS DRAWING CITY IS PLOTTED TO WALL FIT 11"x17' AND IS NOT 1'=180 4.30.07 TO SCALE �. ACCESS ROAD PERENNIALSTREAM/WATER SURFACE ------- ADJACENT PROPERTY UNES +••�+•� FACILITY BOUNDARY WATERSHED CRITICAL AREA BOUNDARY LIMITS OF WASTE — . — x — FENCE LINE GM— POWER LINE Q BUILDING APPROXIMATE WASTE LIMITS PROPOSED SEDMENTATION PONDS APPROXIMATE LOCAIIDN FLOODPLAIN APPRD)OMATE LOCATION sY 1 EXISTING POND Special Use Permit 01-06 and the accompanying site plan were approved by the City Council of High Point, NC on the 30'h day of October, 2001. I Special Use Permit 01-07 and the accompanying site plain were approved by the City Council of High Point, NC on the 30'h day of October, 2001. City clerk OF HIUM F'UIN I, LLL;. DRAWING GH POINT NORTH CAROLINA NQ, MASTER SITE PLAN) Ib 3d a Date DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 MR OF HIGH POINT, LLC CONSTRUCTION & DEMOLITION DEBRIS LANDFILL HIGH POINT, NORTH CAROLINA PREPARED FORT NRR OF HIGH POINT, LLC 431 RALEIGN VIEW ROAD RALEIGH, NORTH CAROLINA 37+10 FOR PERMITTING ONLY SITE APPLICATION PREPARED BYi JUNE 2002 .� �, •_� REMISED JANUARY 2003■•� ENGINEERING, INC. 2301 91t9T ■9AOOWVItw ROAD, 9wTe 203 QRSENSMOR0, MMTN CAROLINA 27407 {330} 223-0092 FAM (223) 323-0093 C3 2QG2 j. c. _n- r. — An . qnlz --d DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 NOTE: 1. THE LOCATIONS SHONN FOR ALL BORINGS, TEST PITS, AND PIEZOMETER P -U (UNKNONN PIEZOMETER) ARE APPROXIMATE, LINE TABLE BENCH MARK INFORMATION: ' POINT NORTIfINC I EASTING ELEVATGN ESM -1 SD3070.83 1727'538.54 Bi 2,32 8M-2 - 502745.01 11727543.71 803.59 's 5 s c d 4 GRAPHIC SCALE a too aoa ana {fEE'r? 1, N BEEN Y�,. 1 r, PURI AND �! N1L1. 8€1i7E7MOl1SiFO 8036C0 i - ...IffRSE ( VALLEY LANDFILL EXPANSION 2. AREA auz5oa r %' % PAjDPPSEO�.__ DISPOSAL. i"T ! AREA FAauTY s r V /,—PROPERTY BOUNDARY 2 _ RESIDENTIAL NEIL TO + ,t Y _ r N 89;3Ui+0 - mBE ABANDONED + T . EXISTING STRUCTURES _ Aa _ 1 a TO BE REMOVED ` _-+C,- ',�4OP D r ❑ r-E73STING RESIDENCE TO RE E _ ;, USED AS FACILITY OMCE ECYLING OTNER STRUCTURES TO SE BP D MATEPAL ! r t\ REMOVE➢. ` I S RAGE ARF_A ----�I1 L� +i— =.f- --- "f SEE HOBS � AND 2� II M 8Q2500 RESIDENTIAL 1. ! BE ABANDON �- u r,♦ -1 r 6 I r I i FUTUitE r5 w N 802000 r - w MIN. j� ri r o n MIN L B-3 .1 1 I Y{ i. FF'{"••' f 9 l j� 1 W x 0 19tj19 5d$ MIN. S 1 {• f 1 ` WIN.f .� , I 1 n. E]QSTINC STRUCTURES / / a` : ,.! TO BE RCWOV D 90'SOO _S. gr"+rd ?* _.J" I , ��$'" �'!x „L. -4'S r ., •S N $Di 0 ,r ���� w 3 �y PI HAS BEEN `.l� z I S PURCHASED AND z WLL HE o DEAIOUSHED I Lu j Lj- r W 0 00 0 I�ssoDfl i + j" ...�. N ao sag _ ,J 0 !� � ` r, C7 ,f CRE_ ; a z id s _ s 1 1,' 20 N 15 '+�• `� Z 0 J � PRO ECT N0. 600.06 +` � j a I t] I '_�. �Ss �4ti t3 -•. rTSi.. � - �-._».���_� I fy 794500 + -- + i r'' �f J ' N 79?50,Z sc 200' 1 1 DRAWING NO. 5A5 REWSED DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 o$M - i � , � „� I I � rf - • 1 � n F ` f 1 • / f i/f 1 If '.^t / - li II fflr 11 �rllF J i ii11 d Lu o IGO r < LLI0. Z ff \Q c E of La ' r - z z fExf U 0 pPRUQT N0. 600.{}6 1 "=100' • - r Nye 0 DRAWING NO. REVMM DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 NOTES: 1. TOPOGRAPHIC CONTOUR INTERVAL ® 2 FEET. 2. BEDROCK SURFACE CONTOUR INTERVAL - 10 FEET. S. ELEVATIONS REPRESENT THE ESTIMATED TOP OF BEDROCK, WHICH COINCIDES WITH AUGER REFUSAL EXCEPT FOR P-10 AND P-13. CORE DATA WERE USED TO DETERMINE THE TCP OF COMPETENT BEDROCK AT THESE LOCATIONS AS EXPLAINED IN TABLE 3. 4. THE LOCATIONS AND ELEVATIONS FOR ALL BORINGS, TEST PITS, AND PIE$OM €TER P -U ARE APPROXIMATE. 5. THE ELEVATION FOR P-4 WAS NOT USED IN THE CONSTRUCTION OF BEDROCK CONTOURS AS EXPLAINED IN TABLE 4. GRAPHIC SCALE s� IFEETI fr , r ' r V ` PROPOSED FACILITY ! �� f PROPERTY BOUNDARY ' ` r 1 ' / \ x810 ! ! S9-1 j i x 81I •� ' f i 1 1 LQROiN6 i FLRRf%8 METAL@ \ / j i AREA i 1ex7ex2o. axil x CLEAN WOOD i urAOMa r h PRD Txxteoxxo j AF11 j ►xQ1 ``� ` - --_ - rtsx,eoxm -FIERIOLIAIL � L-----------iL011INAL T6xIan 1 w -----"`- x2c '1 i --r --- - .-_. -- CLEAN WOOD > , GTOCIVILE 7EX75XM LRF AND 1 fip POM r 1 r r3 >Ax caPECTION CpDMA78NAL •�� ALIS IxY1AR6A PIFea r 19Ox125 186x125x2A T6x=x13UNPROCEM NOW x r rat - `^r f r �� I f r if rtr i I h 4 i � I h r rat / I h I � � I h 4 i � I h i f h 1 � h ; h 1 1 f f t. h 1 1 h- h f 8TORM E OF REUaM NX125X81 STORAGE TRAILERS mxeo x21) PARKIMB EMPLOYEE BUIDINO Sr. -e �a J J L� O z d UV) J m LJ z 00 �F- T J 19 O 2 Lid LL Q c�dl } J L-1 LLL M MO F- t Q U LL3 ly PROJECT NO, t 60(3.05 1 SCALE CiF'1� 1"-50' DRANNG NO. CP -13 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 APPENDIX 3 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 A1kT';' NCDENR Permit No: 4116 High Point C&D Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 1 of 22 North Carolina Department of Environment and Natural Resources Division of Waste Management Pat McCrory Linda M. Culpepper John E. Skvarla, III Governor Director Secretary STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION SOLID WASTE MANAGEMENT FACILITY Permit No. 41-16 WI HIGH POINT LANDFILL, LLC (a wholly-owned subsidiary of Waste Industries USA, Inc.) is hereby issued a PERMIT TO CONSTRUCT 4116-CDLF-2012 High Point C&D Debris Landfill — Phase 213-2 PERMIT TO OPERATE 4116-CDLF-2012 High Point C&D Debris Landfill — Phase 1, Phase 2A, Phase 2B-1 4116-MWP-2012 High Point C&D Waste Reclamation Pad PERMIT FOR CLOSURE Not Applicable Located at 5822 Riverdale Drive, northeast of the City of High Point in Guilford County, North Carolina, in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina and all rules promulgated thereunder and subject to the conditions set forth in this permit. The legal description of the site is identified on the deed recorded for this property listed in Attachment 1 of this permit. Edward F. Mussler, III, P.E. Permitting Branch Supervisor Solid Waste Section 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone: 919-707-8200 Internet: http://portal.ncdenr.org/web/wm/sw An Equal Opportunity \ Affirmative Action Employer DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 2 of 22 ATTACHMENT 1 GENERAL PERMIT CONDITIONS INFORMATION Permit to Operate Table Permit Status Issuance Review Expiration 4116-CDLF-2012 Active August 4, 2014 January 16, 2019 January 16, 2024 4116-MWP-2012 Active January 15, 2014 Not Applicable January 16, 2019 Part I General Facility This permit is issued by the North Carolina Department of Environment and Natural Resources, Division of Waste Management, Solid Waste Section (Section). In accordance with North Carolina Solid Waste Management Rule 15A North Carolina Administrative Code (NCAC) 13B .0201(d), a solid waste management facility permit shall have two parts: a permit to construct and a permit to operate. The permit to construct must be implemented in accordance with Attachment 2 of this permit. The permit to operate must be implemented in accordance with Attachment 3 of this permit. 2. The persons to whom this permit is issued ("permittee") are the owners and operators of the solid waste management facility. 3. The permit to construct and permit to operate for this facility issued September 4, 2012, was recorded in the Guilford County Register of Deeds on September 13, 2012, in Deed Book R 7391, Pages 117-133 [Document Identification Number (DIN) 17121]. 4. When this property is sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer must contain in the deed description section, in no smaller type than that used in the body of the deed or instrument, a statement that the property has been used as a solid waste management facility and a reference by book and page to the recordation of the permit. 5. By receiving waste at this facility the permittee shall be considered to have accepted the terms and conditions of this permit. 6. Operation of this solid waste management facility shall be in accordance with the North Carolina Solid Waste Management Rules, 15A NCAC 1313; Article 9 of the Chapter 130A of the North Carolina General Statutes (NCGS)(130A-290, et seq.); the conditions DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 3 of 22 contained in this permit; and the approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed by permit condition. Failure to comply may result in compliance action or permit revocation. 7. This permit is issued based on the documents submitted in support of the application for permitting the facility including those identified in Attachment 1, "List of Documents for Approved Plan," and which constitute the approved plan for the facility. Where discrepancies exist, the most recent submittals and the conditions of permit shall govern. This permit may be transferred only with the approval of the Section, through the issuance of a new or substantially amended permit in accordance with applicable statutes and rules. In accordance with NCGS 130A -295.2(g) the permittee shall notify the Section thirty (30) days prior to any significant change in the identity or business structure of either the owner or the operator, including but not limited to a proposed transfer of ownership of the facility or a change in the parent company of the owner or operator of the facility. 9. The permittee is responsible for obtaining all permits and approvals necessary for the development of this project including approval from appropriate agencies for a General or Individual National Pollutant Discharge Elimination System Stormwater Discharge Permit. Issuance of this permit does not remove the permittee's responsibilities for compliance with any other local, state or federal rule, regulation, or statute. Properties Approved for the Solid Waste Management Facility Guilford County, NC - Register of Deeds Book Page Grantor Grantee Acres R 7335 400 WCA of High Point, LLC WI High Point, LLC 149.83 Plat 15 96-97 New Lot "A" in Recombination Plat Map Total Site Acreage 149.83 DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 4 of 22 Part II Municipal Solid Waste Landfill Unit(s) Not Applicable Part III Construction and Demolition Landfill Unit(s) 4116-CDLF-2012, High Point C&D Debris Landfill Permitting History No. Permit Type Property Combination (2003) Book Page Document 5830 2290 Combination Instrument Plat 150 96-97 Recombination Plat Map 3 Permit Modification Properties Included in New Lot "A" 5350 1568 Tax No. 18-523-1-1 5018 273 Tax No. 18-523-1-2 5248 914 Tax No. 18-523-1-3 5759 1144 Tax No. 18-523-1-4 5248 911 Tax No. 18-523-1-5 Part II Municipal Solid Waste Landfill Unit(s) Not Applicable Part III Construction and Demolition Landfill Unit(s) 4116-CDLF-2012, High Point C&D Debris Landfill Permitting History No. Permit Type Date Issued Document ID 1 Permit to Construct May 14, 2003 2 Permit to Operate February 10, 2004 3 Permit Modification December 9, 2004 4 Permit Amendment December 28,2007 3286 5 Permit Amendment February 20, 2009 6710 6 Permit Modification July 21, 2010 11138 7 Permit Amendment May 5, 2011 12929 8 Permit Amendment September 4, 2012 17121 9 Permit Amendment January 16, 2014 20297 10 Permit Modification August 4, 2014 21408 On May 14, 2003, a permit was issued for the construction of Phase 1 of the landfill to MRR of High Point, LLC. 2. On February 10, 2004, a permit was issued for the operation of Phase 1, Cell 1 of the landfill. DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 5 of 22 3. On December 9, 2004, a modification was issued for revised operation plans, a change in service area, and operation of Phase 1, Cells 2 and 3. 4. On December 28, 2007, an amendment was issued for the change in ownership from MRR of High Point, LLC to WCA of High Point, LLC and for operation of Phase 1, Cells 4 and 5. 5. On February 20, 2009, an amendment was issued for the construction of Phase 2 and for the renewal of operations for Phase 1, Cells 1-5. 6. On July 21, 2010, a modification was issued for operation of Phase 2A. 7. On May 5, 2011, a substantial amendment was issued for an increase in service area. On September 4, 2012, an amendment was issued for a change in ownership from WCA of High Point, LLC to WI High Point, LLC. 9. On January 16, 2014, a 10 -yr amendment was issued for the operation of Phases 1 and 2A and for the remaining construction of Phase 2. 10. On August 4, 2014, a modification was issued approving operation of Phase 2B-1. List of Documents for the Approved Plan 1. Volume One, Site Application, Section I, WCA of North Carolina, LLC, Construction and Demolition Debris Landfill, High Point, North Carolina. Prepared by Joyce Engineering, Inc. June 2002. Revised through January 24, March 5, and April 1, 2003. 2. Volume One, Site Application, Section II - Hydrogeologic Report and Groundwater Monitoring Plan, WCA of North Carolina, LLC Construction and Demolition Debris Landfill, High Point, North Carolina. Prepared by Joyce Engineering, Inc. June 2002. Revised through January 24, March 5, and April 1, 2003. 3. Volume Two, Construction Plan Application, WCA of North Carolina, LLC Construction and Demolition Debris Landfill, High Point, North Carolina. Prepared by Joyce Engineering, Inc. June 2002. Revised through January 24, March 5, and April 1, 2003. 4. Fax dated February 12, 2003, from the City of High Point containing certified copy of the minutes of the City Council Meeting of June 17, 2002, which approved the facility franchise agreement. 5. Fax dated February 12, 2003, from Joyce Engineering, Inc. containing a copy of the service area map referenced in the approved franchise agreement. Two full size maps of the service area received February 13, 2003. 6. Fax dated February 19, 2003, from Joyce Engineering, Inc. containing information submitted to the City of High Point for its review of the franchise agreement and local government approval of the C&D facility. DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 6 of 22 7. Sediment and Erosion control plan approval from the City of High Point dated February 25, 2003. 8. Instrument of Combination dated May 30, 2003, and submitted by Coggin, Blackwood & Brannan, Attorneys at Law, making the five previous parcels of land into one single tract of land for permitting purposes. 9. Letter from Joyce Engineering, Inc. addressing as -built certification for the reclamation pad area of the facility, including a drawing titled "As Built Survey for a Portion of MRR of High Point." December 22, 2003. 10. Letter from MRR Southern, LLC, as a follow up to a previous telephone conversation requesting a "temporary" Permit to Operate in order to conduct processing equipment tests with a nominal amount of waste material. December 22, 2003. Equipment testing was conducted on December 30, 2003, with a representative of the Solid Waste Section on site. 11. Letter from Joyce Engineering, Inc. providing hydro geologic subgrade inspection certification and well abandonment records for ten piezometers and one water well. January 21, 2004. Cover letter was replaced by an additional letter that addressed weathered bedrock encountered in the central portion of Cell A. January 29, 2004. 12. Letter from Joyce Engineering, Inc. addressing as built surveys for the reclamation pad and for Phase 1 - Cell A of the C&D Landfill. Three drawings were included: "Comparison of As -Built Grades to Permitted Base Grades," "As Built Survey for a Portion of WCA of North Carolina, LLC," and "As Built Survey Phase II for a Portion of WCA of North Carolina, LLC." January 29, 2004. 13. Letter from "Pat" Curran, Manager of the Health Hazards Control Unit, Epidemiology Section, Division of Public Health, NC Division of Health and Human Services. January 13, 2004. Received February 2, 2004. Letter addresses the Unit's review of MRR of High Point's Operation Plan for the proposed Reclamation Center. 14. Letter from David Garrett, P.G., P.E., Engineering and Geology, certifying that the base grades for Cells 2 and 3 of Phase 1 were constructed according to the approved plan. Letter includes an as -built survey drawing showing the limits of construction. December 2, 2004. 15. Letter from David Garrett, P.G., P.E. Engineering and Geology certifying that the base grades for Cells 4 and 5 of Phase 1 were constructed according to the approved plan. Letter includes an as -built survey drawing showing the limits of construction. April 18, 2006. 16. Series of correspondence relating to ownership, name and properties [Document Id Nos. RCO826, RCO827, RCO3177, RCO3196, RCO3246]. DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 7 of 22 17. Application for Permit to Construct WCA of High Point Construction and Demolition Landfill, Phase 2 Expansion. Prepared by: Golder Associates NC Inc., Greensboro, NC. March 2007. Revised through November 17, 2008. Document ID No. 6646. 18. Construction Quality Assurance Documentation for CDLF Phase 2A, Prepared for WCA of High Point (Permit #41-16) Guilford County, North Carolina. Prepared by David Garrett, P.G., P.E., Engineering and Geology. Dated April 14, 2010. Received April 29, 2010. DIN 11185 19. Substantial Amendment Application for C&D Landfill Permit, Prepared for WCA of High Point (Permit No. 41-16), Guilford County, North Carolina. Prepared by David Garrett, P.G., P.E., Engineering and Geology. Raleigh, NC. Dated June 2, 2010. Revised by Golder Associates NC, Inc., Greensboro, NC, through February 9, 2011. DIN 12930. 20. Notification of change in operator and request to transfer permit. Submitted by Grady L. Shields, Wyrick Robbins Yates & Ponton LLP, Raleigh, NC, representing Waste Industries USA, Inc. February 28, 2012. DIN 16620 21. Application for transfer of franchise to WI High Point Landfill, LLC and documentation of readings and approval of the City of High Point City Council. Sent from Grady L. Shields, Wyrick Robins Yates & Ponton LLP, Raleigh, NC. March 21, 2012. Received May 17, 2012. DIN 16949. 22. North Carolina Special Warranty Deed from WCA of High Point, LLC to WI High Point Landfill, LLC. March 23, 2012. Filed March 28, 2012. Guilford County, NC. Deed Book R7335, page 400. Retrieved May 2, 2012 from http://rdlxweb.co.guilford.nc.us/guilford/NameSearch.php. DIN 16950 23. An Ordinance Approving the Transfer of a Franchise From WCA of High Point, Inc. to WI High Point, LLC for Construction and Demolition Landfill and Reclamation Operation at 5830 Riverdale Road, High Point, North Carolina. Ordinance No. 6942/12- 58. August 20, 2012. DIN 16951 24. Permit Renewal Application. Prepared for WI Point Landfill (a Waste Industries Company) High Point, North Carolina. Prepared by Smith Gardner, Raleigh, NC. August 2013. DIN 19581 25. Permit to Operate Renewal Application — Franchise Agreement. Prepared for WI High Point Landfill (a Waste Industries Company) High Point, North Carolina. Prepared by Smith Gardner, Raleigh, NC. November 14, 2013. DIN 20160 26. Operations Plan. Prepared for WI High Point Landfill (a Waste Industries Company) High Point, North Carolina. Prepared by Smith Gardner, Raleigh, NC. August 2013. DIN 20304 DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 8 of 22 27. Construction Quality Assurance Report. Phase 2B-1 Construction. WI High Point Landfill, LLC. Prepared by Smith Gardner, Inc. June 18, 2014. Revised through July 31, 2014. DIN 21326. 28. Water Quality Monitoring Plan for WI High Point CDLF. Prepared by Smith + Gardner, August 2013. DIN 21344. 29. Landfill Gas Monitoring Plan for WI High Point CDLF. Prepared by Smith + Gardner, June 2014. DIN 21434. 30. Letter to Mr. Roger Marcum, General Manager, WI High Point Landfill, LLC. Financial Assurance Cost Estimate. June 24, 2014. DIN 21327 Part IV Industrial Landfill Unit(s) Not Applicable Part V Land Clearing and Inert Debris Landfill Unit(s) Not Applicable Part VI Transfer Station/Treatment & Processing Unit(s) 4116-MWP-2012, High Point C&D Waste Reclamation Pad No. Permit Type Date Issued Document ID 1 Permit to Construct May 14, 2003 2 Permit to Operate February 10, 2004 3 Permit Modification December 9, 2004 4 Permit Amendment December 28,2007 3286 5 Permit Amendment February 20, 2009 6710 6 Permit Modification July 21, 2010 11138 7 Permit Amendment May 5, 2011 12929 8 Permit Amendment September 4, 2012 17121 9 Permit Amendment January 16, 2014 20297 Permitting History 1. On March 13, 2003, a permit was issued for the construction of the Reclamation Pad to MRR of High Point, LLC. 2. On February 10, 2004, a permit was issued for the operation of the Reclamation Pad. 3. On December 9, 2004, a modification was made to the permit for revised operation plans and a change in service area. DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 9 of 22 4. On December 28, 2007, an amendment was made to the permit for change in ownership from MRR of High Point, LLC to WCA of High Point, LLC. 5. On February 20, 2009, an amendment was made to the permit for construction of C&D Landfill Phase 2 and the five-year renewal of operations of the Reclamation Pad. 6. On May 5, 2011, a substantial amendment was made to the permit for an increase in service area. 7. On September 4, 2012, an amendment was made to the permit for change in ownership from WCA of High Point, LLC to WI High Point, LLC. 8. On January 16, 2014, an amendment was made to the permit for the 5 -year renewal of operations of the Reclamation Pad. List of Documents for the Approved Plan Documents were included in submittals for the construction and demolition solid waste landfill (C&DLF) permit. Refer to Attachment 1, Part III, "List of Documents for the Approved Plan". Part VII Miscellaneous Solid Waste Management Not Applicable - End of Section - DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 10 of 22 ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT Part I: General Facility Construction of all solid waste management units within this facility must be in accordance with the pertinent approved plans included in Attachment 1, "List of Documents for the Approved Plan". 2. Modification or revision of any approved plan or changes during construction require approval by the Section and may constitute a permit modification and be subject to a permitting fee. 3. All sedimentation and erosion control activities must be conducted in accordance with the Sedimentation Control Act NCGS I I3A-50, et seq., and rules promulgated under 15A NCAC 4. The facility must furnish a copy of the approved Sedimentation and Erosion Control Plan from the NC Division of Energy, Mineral and Land Resources, Land Quality Section, to the Solid Waste Section. 4. Modifications to the approved sedimentation and erosion control activities require approval by the NC Division of Energy, Mineral and Land Resources, Land Quality Section. The Solid Waste Section must be notified of any modifications. 5. Facility construction must not cause or result in a discharge of pollution, dredged material, and/or fill material into waters of the state in violation of the requirement under Sections 401 and 4040 of the Clean Water Act, as amended. 6. The initial, substantial, construction authorized by this permit to construct must commence within 18 months from the issuance date of this permit. If substantial construction does not begin within 18 months from the issuance date of this permit, then the permit to construct shall expire. Substantial construction includes, but is not limited to, issuance of construction contracts, mobilization of equipment onsite, and construction activities including installation of sedimentation and erosion control structures. The permittee may reapply for the permit to construct prior to the expiration date. The re-application will be subject to the statutes and rules in effect on that date and may be subject to additional fees. Part II Municipal Solid Waste Landfill Unit(s) Not Applicable DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 11 of 22 Part III Construction and Demolition Landfill Unit(s) 1. Pursuant to the NC Solid Waste Management Rules 15A NCAC 13B .0201(c) and (d)(1), this permit approves construction of Phase 2 of the landfill, consisting of approximately 9.4 acres with a projected gross capacity of 934,673 cubic yards in accordance with the approved plan reference in Attachment 1, Part III. 2. The construction of Phase 2A and 2B-1 have been completed fulfilling the requirement of Attachment 2, Part I, Condition 6. Phase 213-2 remains to be constructed. The permit to construct for Phase 2 shall expire January 16, 2024. 3. Construction of all solid waste management units within this facility must be in accordance with the pertinent approved plans. Construction of subsequent landfill unit/cell is subject to approval by the Section. Pursuant to 15A NCAC 13B .0533(a)(2), the permittee must submit an application for amendment of the permit to construct. The application must be prepared in accordance with applicable statutes and rules in effect at the time of the application and must pay the required permit fee. 4. The permittee must conduct a preconstruction meeting at the facility prior to initiating construction of any unit/cell and must notify the Section at least 10 days prior to the meeting. 5. Pursuant to Rule 15A NCAC 13B .0542(i)(2), burning of land -clearing debris generated on-site, as a result of construction activities, requires approval by the Section prior to initiating the burn. In addition, the Division of Air Quality and local fire department must approve the activity prior to burning. Geologic, Water Quality, and Landfill Gas Monitoring Requirements 6. Prior to construction of the phase or cell(s) within the phase, all piezometers, borings, and groundwater and landfill gas monitoring wells within the footprint must be properly abandoned in accordance with 15A NCAC 2C .0113 entitled "Abandonment of Wells". 7. In areas where soil is to be undercut, abandoned piezometers, groundwater and landfill gas monitoring wells and borings must not be grouted to pre -grade land surface, but to the proposed base grade surface to prevent having to cut excess grout and possibly damage the wells. 8. A licensed geologist must report any pertinent geological feature(s) exposed during phase or cell excavation. Prior to placing any landfill liner, the permittee must submit to the Section hydrogeologist a written report that includes an accurate description of the exposed geological feature(s) and effect of the geological feature(s) on the design, construction, and operation of the cell, phase, or unit. 9. A licensed geologist must be present to supervise the installation of groundwater monitoring wells and landfill gas monitoring wells. Wells must be constructed in accordance with 15A NCAC 02C entitled "Well Construction Standards". The exact DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 12 of 22 locations, screened intervals, and nesting of the wells must be established after consultation with the Section hydrogeologist at the time of well installation. 10. Any modification to the approved water quality monitoring, sampling, landfill gas, and analysis plan must be submitted to the Section Hydrogeologist for review. 11. Within 30 days of completed construction of each new groundwater and landfill gas monitoring well, a well construction record, well schematic, boring log, field log and notes, and description of well development activities must be submitted to the Section. Form GW -1 must be used for both groundwater and landfill gas wells. The submittal must also include a scaled topographic map, showing the location and identification of new, existing, and abandoned wells and piezometers, and hydraulic conductivity and effective porosity values. 12. Within thirty (30) days of the abandonment of any groundwater monitoring well, the well abandonment record (GW -30 form), and any additional information included in the abandonment record, must be certified by a licensed geologist, and submitted to the Section. A copy of the well abandonment records submitted to the Division of Water Quality, consistent with 15A NCAC 2C .0114(b), must be submitted to the Section. 13. All forms, reports, maps, plans, and data submitted to the Section must include an electronic (pdf) copy. Pre -Operation Requirements 14. The following conditions must be met prior to operation of a new constructed area: a. The permittee must obtain a permit to operate for the phase from the Section in accordance with 15A NCAC 13B .0201(d). b. Construction Quality Assurance documentation and a certification by the project engineer that the landfill was built in accordance with approved plans and the conditions of the permit must be submitted to the Section for review and approval in accordance with 15A NCAC 13B .0541. c. The edge of waste footprint must be identified with permanent physical markers, for both existing units and the new unit. d. The permittee must contact the appropriate regional environmental specialist and permitting engineer to determine whether the Section chooses to hold a pre -operative meeting with key landfill personnel and representatives of the Section. e. Documentation of financial assurance mechanisms must be submitted to the Section. The financial assurance amount must include closure and post -closure costs including the new phase to receive the permit to operate, in accordance with 15A NCAC 13B .0546, and must include costs for potential assessment and corrective action, in accordance with NCAC 13A 295.2 (h). DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 13 of 22 f. Groundwater and landfill gas monitoring wells and probes must be installed and surface water sampling locations established. New groundwater monitoring wells and surface water stations must be sampled for tetrahydrofuran and the constituents listed in 15A NCAC .0544 (b)(1)(1)). Well construction records and sampling results shall be submitted to the Section hydrogeologist of review and approval prior to issuing the Permit to Operate. Part IV Industrial Landfill Unit(s) Not Applicable Part V Land Clearing and Inert Debris Landfill Unit(s) Not Applicable Part VI Transfer Station/Treatment & Processing Unit(s) Not Applicable Part VII Miscellaneous Solid Waste Management Not Applicable -End of Section- DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 14 of 22 ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE Part I: General Facility The facility must be adequately secured by means of gates, chains, berms, fences, or other security measures approved by the Section to prevent unauthorized entry. 2. Signs must be posted at the entrance to the facility that state types of waste that can and cannot be received at the facility, the hours of operation, the permit number(s), contact name, telephone number, and other pertinent information. Traffic signs or markers must be provided as necessary to promote an orderly traffic pattern to and from the operating areas and to maintain efficient operating conditions. 3. Interior roadway must be of all-weather construction and maintained in good condition. 4. A responsible individual trained and certified in facility operations must be on-site at all times during all operating hours of the facility, in accordance with N.C.G.S. 130A- 309.25. An attendant must be present to oversee the loading and unloading of waste. 5. Copies of this permit, the approved plans, and all records required to be maintained by the permittee must be maintained at the facility and made available to the Section upon request during normal business hours. 6. All sedimentation and erosion control activities must be conducted in accordance with the Sedimentation Control Act, NCGS 113A-50 et seq., and rules promulgated under 15A NCAC 4. All required sedimentation and erosion control measures must be installed and operable to mitigate excessive on-site erosion and to prevent silt from leaving the area of the landfill unit during the service life of the facility. The Section must be notified of any modifications to the approved sedimentation and erosion plan. 7. Facility construction, operations or practices must not cause or result in a discharge of pollution, dredged material, and/or fill material into waters of the state in violation of the requirements under Sections 401 and 4040 or the Clean Water Act, as amended. 8. Fire lanes must be established and maintained at all times. The dimensions of the fire lanes must be coordinated with the Fire Marshall having jurisdiction over the site. 9. Open burning of solid waste is prohibited. 10. Fires and non -conforming waste incidents shall be reported to the Section's regional waste management specialist within twenty-four hours followed by a written notification to be submitted within 15 days. 11. Financial assurance as required by state rules and statutes must be continuously maintained for the duration of the facility and updated and submitted annually to the Section by the anniversary date of the issuance of this permit. DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 15 of 22 12. Any modifications to the approved plans must be submitted to the Section and approved prior to implementation. Part II: Municipal Solid Waste Landfill Units Not Applicable Part III: Construction and Demolition Debris Landfill Units 1. The permit to operate will expire January 16, 2024. Pursuant to 15A NCAC 13B .0201(c), the permittee must submit a permit amendment application prepared in accordance with 15A NCAC 13B .0535 (b) to the Section no later than July 16, 2023. 2. Pursuant to NCGS 130A -294(a2) and 15A NCAC 13B .0206(b), the permit to operate is submit to a limited review by January 16, 2019. The permittee must request the five-year limited review on or before July 16, 2018. A five-year limited review of a 10 -yr permit includes review of the operations plan, closure plan, post -closure plan, financial assurance cost estimates, environmental monitoring plan, and any other applicable plans for the facility. 3. This permit approves the operation of Phases 1, 2A, and 213-1of the C&DLF, as well as the onsite environmental management and protection facilities as described in the approved plan in Attachment 1, Part III. Operation of any C&DLF future phases or cells requires written approval of the Section after construction in accordance with applicable statutes and rules. 4. The facility is permitted to receive the following waste types: a. "C&D solid waste" as defined in 15A NCAC 13B.0532(8) means solid waste generated solely from the construction, remodeling, or demolition operations on pavement and buildings or structures. C&D waste does not include municipal and industrial wastes that may have been generated by the on-going operations at buildings or structures. b. "Inert debris" as defined in NCGS 130A-290 (a) (14) means solid waste that consists solely of material such as concrete, brick, concrete block, uncontaminated soil, rock, and gravel. c. "Land -clearing debris" as defined in NCGS 130A-290 (a) (15) means solid waste that is generated solely from land -clearing activities. d. "Asphalt" in accordance with NCGS 130-294(m). 5. Those wastes listed in 15A NCAC 13B .0542 (e), must not be accepted for disposal. Those wastes include, but are not limited to, hazardous waste, municipal solid waste, liquid waste, industrial wastes, and yard trash. Barrels and drums shall not be accepted DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 16 of 22 unless they are empty and perforated sufficiently to ensure that no liquid or hazardous waste in contained therein. 6. Regulated -asbestos containing material as defined in 40 CFR 61 must be managed in accordance with 40 CFR 61. Disposal of asbestos waste must be in accordance with 15 NCAC 13B.0542 (c)(2). 7. This facility is permitted to receive solid waste generated within the following counties and municipalities contained within the counties consistent with the franchise approved by the City of High Point: Guilford, Randolph, Davidson, Forsyth, Rockingham, Caswell, Alamance, Orange, Cabarrus, Rowan, Davie, Yadkin, Surry, and Stokes. Waste receipt must be consistent with the local government waste management plan and with local government approval and as defined in NCGS 130-290 (a)(18a) and (35), except where prohibited by the NCGS Article 9 of Chapter 130A, and the rules adopted by the Commission for Health Services. The permitted annual waste disposal rate is approximately 98,600 tons per year, with a maximum variance in accordance with G.S. 130A-294(bl)(1). This rate is approximately 315 tons per day assuming 285 operating days per year as identified in the approved plan and consistent with the franchise granted by the City of High Point and amended December 12, 2006. 9. The following table lists the capacity for the C&DLF units. Total gross capacity is defined as the volume measured from the bottom of waste through the top of final cover. Phase Area (acres) Gross Capacity (cubic yards) Status Estimated Life Years 1 12.5 788,083 Constructed Filled 2A 4.3 240,140 Constructed Filled 2B-1 3.6 481,397 Constructed 2.4 2B-2 1.5 213,136 Future 1.2 3 6.5 744,681 Future 4.0 4 5.6 728,676 Future 4.0 5 8.5 757,216 Future 4.1 6 3.6 820,639 Future 4.5 Total 46.1 4,773,968 20.2 10. The permittee must not knowingly dispose of C&D waste that is generated within the boundaries of a unit of local government that by ordinance: a. Prohibits generators or collectors of C&D waste from disposing of that type or form of C&D waste. DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 17 of 22 b. Requires generators or collectors of C&D waste to recycle that type or form of C&D waste. 11. The permittee shall actively employ a screening program at the facility prepared in accordance with Rule .0544 for detecting and preventing the disposal of excluded or unauthorized waste. At a minimum, the program shall include: a. Random inspections of incoming loads or other comparable procedures. b. Records of any inspections. c. Training of personnel to recognize hazardous, liquid, and other excluded waste types. d. Development of a contingency plan to properly manage any identified hazardous, liquid, MSW, or other excluded or unauthorized wastes. The plan must address identification, removal, storage, and final disposition of these wastes. 12. The facility operator must complete an approved operator training course in compliance with NCGS 130A-309.25. a. A responsible individual certified in landfill operations must be on-site during all operating hours of the facility at all times while open for public use to ensure compliance with operational requirements. b. All pertinent landfill -operating personnel must receive training and supervision necessary to properly operate the C&D landfill unit in accordance with NCGS 130A- 309.25 and addressed by memorandum dated November 29, 2000. 13. The edge of the waste footprint for all disposal units must be identified with permanent physical markers. 14. Fill operations must be contained within the approved elevation contours as shown on the approved application drawings. Cover Materials 15. Unless alternative materials or an alternative thickness of cover has been approved by the Section, waste must be covered with six inches of earthen materials when the waste disposal area exceeds one-half acre and at least once weekly. Cover must be placed at more frequent intervals if necessary to control disease vectors, fires, odors, blowing litter, and scavenging. A notation of the date and time of the cover must be recorded in the operating record. 16. Unless alternative materials or an alternative thickness of cover has been approved by the Section, areas which will not have additional wastes placed on them for three months or more, but where final termination of disposal operations has not occurred, must be covered and stabilized with vegetative ground cover or other stabilizing material. DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 18 of 22 17. Alternative materials or an alternative thickness of cover may be approved by the Section if the owner or operator demonstrates that the alternative material or thickness controls disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment. A C&DLF owner or operator may apply for approval of an alternative cover material. If approval is given by the Section, approval would extend to all C&DLF units at one specific facility. 18. In accordance with NCGS 130A-295.6 this landfill may use alternative daily cover (ADC) that has been previously approved at another sanitary landfill in North Carolina. The Section maintains a list of approved ADC and its appropriate use, which may be referred to, but is not required to be, in determining ADC types and uses. 19. The use of alternative daily cover that has not been approved for the facility or approved under NCGS 130A-295.6 must be demonstrated and approved by the Section. Requests for alternative daily cover approval must include a plan detailing the comprehensive use and a demonstration of the effectiveness of the alternative daily cover. The plan must be developed according to Section guidelines. Plans which are approved by the Section will be incorporated into, and made a part of, the approved documents listed in Attachment 1. 20. Wastewater treatment sludge is not approved for disposal. Wastewater treatment sludge may be accepted, with approval of the Section, for utilization as a soil conditioner and incorporated into or applied onto the vegetative growth layer. The wastewater treatment sludge must not be applied at greater than agronomic rates or to a depth greater than six inches. Closure 21. Closure or partial closure on any unit must be in accordance with the most recently approved closure plan that is included in Attachment 1, Part III. Prior to beginning closure of each C&DLF unit, the owner or operator must notify the Section that a notice of intent to close the unit has been placed in the operation record. 22. The owner or operator must begin closure activities for that portion of each C&DLF unit meeting one or more of the following requirements, unless an extension has been granted by the Section. Extensions beyond the deadline for beginning closure may be granted by the Section if the owner or operator demonstrates that the portion of the C&DLF unit has the capacity to received additional wastes and the owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment from the unclosed C&DLF unit.: a. No later than 30 days after the date on which the C&DLF unit receives the known final receipt of wastes; b. No later than 30 days after the date that a 10 acre or greater area of waste, is within 15 feet of the final design grades; or DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 19 of 22 c. No later than one year after the most receipt of wastes, if the C&DLF unit has remaining capacity. Groundwater, Surface Water, and Landfill Gas Monitoring 23. Groundwater, surface water, and landfill gas monitoring shall be conducted in accordance with Rule .0544, and approved monitoring plans listed in the List of Documents for the Approved Plan in Attachment I, Part III. Any modification to the approved plans must be submitted to the Section and approved prior to implementation. 24. The permittee must maintain a record of all monitoring events and analytical data in their operating record. 25. The permittee must obtain approval from the Section for the design, installation, and abandonment of any monitoring well. 26. A readily accessible, unobstructed, path shall be maintained so that monitoring wells may be accessed using four-wheel drive vehicles. 27. A licensed geologist must be present to supervise the installation of any new groundwater monitoring wells and landfill gas monitoring wells. The exact locations, screened intervals, and nesting of the wells shall be established after consultation with the Section hydrogeologist at the time of well installation. 28. Each groundwater monitoring well and landfill gas monitoring well shall be surveyed and for location and elevation. Each groundwater monitoring well and landfill gas monitoring well must have an identification plate permanently attached to the well, in accordance with 15A NCAC 2C .0108(o). 29. Within thirty (30) days of the completed construction of each new groundwater monitoring well and landfill gas monitoring well, the well construction record (GW -lb form), well schematic, boring log, field log and notes, and description of well development activities must be submitted to the Section. a. Within thirty (30) days of the completed permanent abandonment of a groundwater monitoring well and landfill gas monitoring well, the well abandonment record (GW - 30 form) and any additional information included in the abandonment record must be submitted to the Section. The well abandonment records must be submitted to the Section in accordance with 15A NCAC 2C .0114(b) and be certified by a Licensed Geologist. b. Documentation of well completion or abandonment must be placed in the operation record. 30. A field log book which details all development, sampling, repair, and other pertinent activities associated with each monitoring well must be kept as part of facility record. DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 20 of 22 31. Reports of the analytical results for groundwater quality monitoring sampling events must be submitted to the Section within 120 days of the sample collection date. Analytical data must be submitted in a manner prescribed by the Section. 32. All monitoring reports must contain a. an evaluation of the potentiometric surface, b. analytical laboratory reports and summary tables, c. a Solid Waste Environment Monitoring Data Form, and d. laboratory data submitted in accordance with the Electronic Data Deliverable Template. Recordkeeping and Reporting 33. The permittee must maintain a record of the amount of solid waste received at the facility, including daily records of waste received and origins of the loads. Scales must be used to weigh the amount of waste received. The daily records are to be summarized into a monthly report for use in the required annual reports. 34. On or before August 1 annually, the permittee must submit an annual facility report to the Solid Waste Section, on forms prescribed by the Section. a. The reporting period shall be for the previous year beginning July 1 and ending June 30. b. The annual facility report must list the amount of waste received in tons and be compiled: i. On a monthly basis. ii. By county, city or transfer station of origin. iii. By specific waste type. iv. By receiving disposal facility. v. By diversion to alternative management facilities. c. A measurement of volume utilized in the C&D cells must be performed during the second quarter of the calendar year. The date and volumes, in cubic yards, must be included in the report. d. The amount of C&D waste, in tons from scale records, disposed in landfill cells since November 19, 2001, through the date of the annual volume survey must be included in the report. e. The completed report must be forwarded to the regional environmental senior specialist for the facility by the date due on the prescribed annual facility report form. DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 21 of 22 f. A copy of the completed report must be forwarded to each county manager for each county from which waste was received at the facility. Documentation that a copy of the report has been forwarded to the county managers must be sent to the regional environmental specialist by the date due on the prescribed annual facility report form. Part IV: Industrial Landfill Units Not Applicable Part V: Land Clearing and Inert Debris Landfill Units Not Applicable Part VI: Transfer Station / Treatment and Processing Unit 1. The permit to operate shall expire January 16, 2019. Pursuant to 15A NCAC 13B .0201(e), no later than July16, 2018, the owner or operator must submit a request to the Section for permit review and must update pertinent facility plans including, but not limited to, the facility operation and waste screening plans. 2. Construction waste placed on the reclamation pad must be sorted each operating day, and no waste shall remain on the pad after operating hours unless covered by tarp to prevent leaching by rainfall. a. Only an amount of waste sufficient to begin sorting operations the next day may be left on the reclamation pad. b. In the event the sorting process is not operational, then waste may not be deposited on the reclamation pad and must be diverted directly to the landfill unit. c. Except for wood, concrete and aggregate, recoverable materials must be placed in containers. Recovered materials placed in containers must be removed from the site once the container is full. A limit of approximately 150 cubic yards of wood may be stockpiled at any time. d. Non -recyclable materials must be securely placed in containers or trucks, and disposed in the on- site C&DLF at the end of the operating day. 3. If demolition waste is to be sorted and recycled, then an asbestos screening plan must be submitted to the Division of Epidemiology of the Department of Health and Human Services for approval and the approved plan forwarded to the Section for inclusion in the operations plan for the facility. Otherwise, asbestos containing material or material suspected to contain asbestos must not be placed on the reclamation pad. 4. Control measures must be utilized to minimize and eliminate visible dust emissions and blowing litter emanating from materials on the reclamation pad. DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 Permit No. 4116 High Point C&D Debris Landfill & C&D Waste Reclamation Pad August 4, 2014 Document ID No. 21408 Page 22 of 22 a. Fugitive dust emissions are prohibited. b. Windblown materials must be collected at the end of the day and no material may be allowed to leave the facility boundary. 5. Control measures must be utilized to minimize and eliminate visible dust emissions and blowing litter emanating from materials on the reclamation pad. 6. Appropriately sized containers for receipt of sorted wastes materials must be on-site when waste is placed on the reclamation pad for sorting. 7. Waste must not be placed on the reclamation pad during inclement weather unless run-off control measures are installed. Run-off from the reclamation pad must be collected and properly disposed. 8. Documentation of delivery of all recovered material to valid end-users, processors, or recyclers must be maintained in the facility operating record. 9. Material processing, shredding and grinding operations shall only occur in compliance with any local ordinance or special use permit. Part VII: Miscellaneous Solid Waste Management Not Applicable - End of Permit Conditions - DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 Phil From: LEE BURNETTE <lee.burnette@highpointnc.gov> Sent: Friday, March 13, 2015 7:40 PM To: Phil; TERRY KUNEFF Cc: david.pepper@wasteindustries.com; Stacey Smith; Homewood, Sue Subject: RE: Randleman Buffer Clarification Phil: Sorry for the delay in replying. I have reviewed your information that you prepared, the city's Development Ordinance, the text amendment changes approved in 2011, and the 15A NCAC 02B.0250. In my response, I want to state the following as being applicable to my determination: (1) In 2011, the City of High Point made required changes to the watershed regulations contained in the Development Ordinance. The purpose of 2011 amendment was to adopt the required stream buffer mitigation provisions that the State had recently adopted for the Randleman Lake watershed contained in .025o and .0252 (.0252 recently deleted and now included in .0295)• (2) The ordinance provision you noted being deleted actually included more text that further described the past process of stream identification that was changed by the State in .0250 and by the city in the 2011 amendment. In that prior process, the Division of Water Quality was responsible for ruling on stream determinations where site specific evidence was used; local governments were not authorized to make those determinations. (3) The city's watershed regulations reference .0 25 0 throughout the stream buffer sections. Section 9-7-3 (c)(1) of the city's Development Ordinance references the .0250 section as being applicable for the jurisdiction and activities. Also, the Table of Uses in section (9) of .0250 was referenced and included as an addendum or appendix rather codify in the city's regulations. The city's intent was to reference State rule when possible and practical so not to repeat the entire .0250 section word for word in the city's watershed regulations. (4) Section .0250 of the administrative code, (4) Requirements, states that all local governments must develop stream buffer ordinances for approval by the State that incorporate "the minimum standards contained in this Rule." Also, it states that the criteria in the section is the minimum criteria to be used in identifying streams. It goes on to state in subsection (a) that "surface waters shall be subject to this Rule if the stream is approximately shown on any of the following references, or if there is other site specific evidence that indicates to the Division or the local government the presence of waters not shown on any of these maps:" The section goes on to reference the 3 mapping sources. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 While it may be argued that the city's regulations are not clear to the requirement of site specific evidence criteria for stream identification, it is my determination that there are sufficient references in local and State requirements that make site specific evidence one of the methods for stream identification in the city's watershed regulations. First, the sole purpose of the 2011 city amendments was to implement the State required stream buffer changes, which included site-specific evidence as a method of stream identification for local governments. Second, the referenced text that was deleted in 2011 was part of a larger section of text deleted that described the previous process whereby the Division made all site specific evidence stream determinations. Third, the city's stream buffer requirements in the watershed regulations repeatedly reference Section .0250 of the administrative code. Fourth, Section .0250 of administrative code paragraph (4) (a) states that the Division & local governments may use site specific evidence if waters are present but not shown on the 3 referenced maps in making a stream determination. Fifth, Section .0250 of administrative code paragraph (4) states that it contains the minimum criteria to be used in identifying regulated streams. Therefore, a local government cannot adopt and implement a rule that is less that the standards included in section .0250 for stream identification and must include the maps and site specific evidence as methods for identification. Sixth, the City of High Point has State certified employees that were trained and qualified to make stream determinations using site-specific evidence (Terry Kuneff being one) in accordance with the city's watershed regulations and that are performing those responsibilities. And finally, the Division approved the City of High Point 2011 ordinance amendment as being consistent with the State rules. It is my conclusion that the "site-specific evidence" method of stream identification in the Randleman Lake watershed is a allowed method of stream identification in the city's adopted watershed regulations and more so is a minimum requirement of State rule .0250. Please let me know if you have additional questions. Thanks, DocuSign Envelope ID: D19F471D5-6817-4094-858E-A11DC9F14096 Lee G. LEE BURNETTE AICP CITY OF HIGH POINT DIRECTOR, PLANNING & DEVELOPMENT 211 S Hamilton, Room 3161 High Point, NC 27260 336.883.3328 1 fax: 336.883-3056 lee.burnette@highpointnc.gov www.highpointnc.gov/plan Follow Us — Please be aware that e-mail and attachments sent to and from this address are subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Phil [mailto:phil.may@carolinaeco.com] Sent: Friday, February 27, 2015 8:56 AM To: TERRY KUNEFF Cc: LEE BURNETTE; david.pepper@wasteindustries.com; Stacey Smith; Homewood, Sue Subject: Randleman Buffer Clarification Terry & Lee, I hope you both are doing well and didn't get too snowed in this week. Attached is a letter requesting clarification of the applicability of the Randleman Buffer ordinance on the Waste Industries — High Point Landfill. We went through the on- site stream identification process with the City and DWR to follow the protocol laid out in the rules, but as documented in the attached letter the City ordinance does not seem to apply to the site as there are no mapped streams. It was therefore difficult to understand how to approach a variance for the site if the local rules didn't apply. Please review the attached letter and documentation for a better explanation. We would be happy to meet with you and discuss as needed. Let me know if you have any questions. Thanks Phil Phil May Senior Scientist Carolina Ecosystems, Inc. 3040 NC Hwy 42 West Clayton NC 27520 (919) 606-1065 Follow us on Linkedln DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 CAROLINA 3040 NC 42 West, Clayton NC 27520 ECOSYSTEMS, INC. P:919 -606-1065—F:919-585-5570 February 27, 2015 Mr. Terry Kuneff Engineering Services Department City of High Point 211 South Hamilton Street Suite 316 High Point, NC 27261 RE: Clarification of Randleman Buffer Ordinance Requirements Waste Industries - High Point Landfill Guilford County, North Carolina Dear Mr. Kuneff; The purpose of this letter is to request clarification of the City of High Point (City) Randleman Buffer ordinance: Text Amendment 11-06, Ordinance #6839/11-47, Section 9-7-3(c). A brief background of the above referenced site and description of the issue needing clarification are provided below. WI High Point Landfill, LLC, an affiliate of Waste Industries, owns and operates a construction and demolition landfill at 5830 Riverdale Road in High Point, NC (Figure 1). This facility is permitted to operate within the limits of the existing facility boundary (Figure 2). The facility boundary includes wetlands and streams under the jurisdiction of the Clean Water Act (CWA), as shown in Figure 2. These jurisdictional features have been verified by the US Army Corps of Engineers and NC Division of Water Resources (NCDWR). None of the CWA jurisdictional features or other drainages are mapped as a stream by the US Geological Survey (Figure 3) or Natural Resource Conservation Service (Figure 4). Carolina Ecosystems, Inc. (CEI) requested that the City perform a stream origin determination at this site under the authority of City Ordinance #6839/11-47, which implements the Randleman Lake Water Supply Watershed: Protection and Maintenance of Existing Riparian Buffers Rule (15A NCAC 02B .0250). City personnel visited the site on September 12, 2014. Three stream origin determinations were made on channels that were field classified by CEI as, at least partially, ephemeral streams. These determinations on drainages designated as WI -03, WI -08, and WI -11 were documented in separate letters dated September 12, 2014 (attached). The City determined WI -08 (shown as "SA" in the attached maps) was subject to the rules at a point several hundred feet above where CEI determined the intermittent portion of this stream began. It should be noted that the City's field review occurred after an extended period of heavy rainfall, which may have influenced the stream origin determination on a marginal and difficult stream channel call. With the benefit of multiple season reviews of drainage WI -08, CEI requested an appeal of the City's determination from the NCDWR. The stream was examined by NCDWR and they concurred with the CEI stream origin in the attached letter. As stream SA (Figure 3) has been determined on site to be present within the proposed landfill area and is potentially under the jurisdiction of the Randleman Rules, a major variance may be DocuSign Envelope ID: D19F47D5-6817-4094-858E-AllDC9F14096 Mr. Terry A. Kuneff, P.E. CFM Page 2 of 3 February 27, 2015 required for this project. We do not believe this outcome is consistent with the City's own ordinances, which leads us to the primary purpose of this letter. While we acknowledge that the State rules could lead to the above determination, we do not believe the City's own ordinances support such a result. We respectfully request that the City reexamine the results in light of the City's own ordinance, which reads as follows: City Ordinance (Text Amendment 11-06; Ordinance #6839/11-47; Section 9-7-3(c)): These waters are indicated on either 1) the most recent version of either the United States Geological Survey 1:24,000 scale (7.5 minute quadrangle) topographic maps; or 2) the hard copy Soil Survey maps developed by the USDA Natural Resource Conservation Service; or 3) a map approved by the Geographic Information Coordinating Council and by the NC Environmental Management Commission. Where the specific origination point of a perennial or an intermittent stream is in question, parties subject to this section shall request the Enforcement Officer to make a determination in accordance with Rule 15A NCAC 2B 0250(4)(b). in addition, other- site spoe:fie- either- of these two maps. Note that the bold and strikethrough text are from the City's current ordinance, while highlighting is provided in this letter for emphasis. The City expressly removed the "site specific evidence" criteria for stream determinations, distinguishing the City rules from the State rules. Based on these regulations, it is our understanding that the site is exempt from the City Ordinance quoted above as no mapped features are present on the site. Therefore, a variance under the City ordinance is not required. Please provide concurrence on our understanding of the rules. Following your response, we will coordinate directly with NCDWR on compliance with the State Randleman rule, and the US Army Corps of Engineers on compliance with the Clean Water Act. Please contact me at your earliest convenience at (919) 606-1065 or phil.may&carolinaeco.com if you have any questions or to schedule a meeting to discuss this project. Sincerely, Carolina Ecosystems, Inc. Philip May Senior Environmental Scientist Attachments: Figure 1 — Vicinity Map Figure 2 — Jurisdictional Features Map Figure 3 — USGS Map Figure 4 — NRCS Soil Survey Map City of High Point Stream Determination Letters (3) CEI Request for Stream Determination Appeal NC Division of Water Resources Stream Determination DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Mr. Terry A. Kuneff, P.E. CFM February 27, 2015 Cc: Sue Homewood — NCDWR Winston-Salem Office Stacey Smith, P.E. - Smith Gardner Inc. David Pepper - Waste Industries Page 3 of 3 DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11DC9F14096 . tion River Rd c Ba h i ridge e eY Bran M Ler � � N r � � n ti of � C Shatt Rd gichla,�dC�ee °x Ave Nititie d Fiver \ Lori Dr Archdale Ch cker Rd C-610 Liberty Rd 3 0 U o Guilford County Project Location: � `D � Randolph------------- County Guilford County, NC w CAROLINA N Q study area Figure 1: Vicinity ECOSYSTEMS, INC.r_qProperty Boundary Mites 3040 NC 42 West; Clayton, NC 27520 P: (919)-606-9145 F:(919)-585-5570 0 0.25 0.5 USGS Named Streams /\\/ Roads Wl High Point Landfill Guilford County February 2015 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 low f Mir,— T1--- 00 �r Y . f 1''1 w� 'r , ,. _ '-�, 5.� j re� ,. - _ _ - .♦`"fir. Y _ " ry - ` �- yS iM*i' Of J`1K..r 1 ti•.. %'T _, �'. �` ,� J� J ,� M. � .. Y x X� `," �,.�.e • i i-k,F r� .�e� � .� M1 "Ys. �/�"�j1"' �w �, ` • - i •.� ��' "�7.° �_ .r I R 1+t�., t �. !e h': h -..r .. •. i. _ ,yam"�b� CAROLINA N Q Study Area 4W Jurisdictional Wetlands Figure 2: Jurisdictional Features ECOSYSTEMS, INC. 3040 NC 42 west; Gayton, NC 27520 Feet Property Boundary Ephemeral Channel P: (919)-606-9145 F:(919)-585-5570 0 150 300 WI High Point Landfill Jurisdictional Stream Guilford Count February 2015 2010 NC Statewide Aerial Photographs y DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 S A TT R Q CAROLINA N Figure 3: USGS ECOSYSTEMS, INC, mmmmmKzz= Feet Study Area 3040 NC 42 West; Clayton, NC 27520 P: (919)-606-9145 F:(919)-585-5570 0 250 500 Property Boundary Wl - High Point Landfill February 2015 High Point East (2013) USGS 1:24000 Quadrangle Map Guilford County DocuSign Envelope ID: D19F47D5-9817-4094-858E-A11DC9F14096 N , of ;. 6 M CAROLINA N Figure 4: NRCS ECOSYSTEMS, INC, 1mmmmKzz= Feet Study Area 3040 NC 42 West; Clayton, NC 27520 �� Property Boundary WI - High Point Landfill P: (919)-606-9145 F:(919)-585-5570 0 250 500 Guilford County February 2015 Guilford County Soil Survey Sheets 44 and 38 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 APPENDIX 5 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Waste Industries — High Point Landfill TRC Watershed Plan & Major Variance Appendix 5: C&D Landfill Siting Restrictions — New facilities cannot impact the following: - 100 yr flood plains - Wetlands (unless permitted) - Threatened/endangered species - Geologically unstable areas - Cultural resource sites - State Natural or Historic Preserves - Water Supply Watershed — Critical Areas - Water Supply Watershed — WS -1 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Waste Industries — High Point Landfill TRC Watershed Plan & Major Variance Appendix 6: Allowable Waste Stream for Facility: - Construction & demolition debris waste - - Inert debris waste - concrete, brick, concrete block, uncontaminated soil, rock, and gravel - Land clearing & inert debris waste — stumps, tree trunks etc. - Asphalt - Asbestos - NOT ALLOWED (partial list): o Municipal solid waste o Yard waste o Hazardous materials o Contaminated soils o Other waste unless specifically approved by NCDWM DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 APPENDIX 7 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 Waste Industries — High Point Landfill TRC Watershed Plan & Major Variance Appendix 7: Monitoring Requirements: - Semiannual monitoring of ground and surface water (see exhibit for locations) - Parameters monitored include: 0 20 inorganics constituents (see attached list) 0 47 organic constituents (see attached list) - Multiple Levels of Protection: o Detection Monitoring o Assessment Monitoring -additional monitoring wells & parameters o Assessment of Corrective Measures o Corrective Action Plan DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 Appendix 7 Continued C&D Landfill Monitoring Parameters Field/Lab Parameters: Organic Constituents: Alkalinity Acetone pH Acrylonitrile Specific Conductance Benzene Temperature Bromochloromethane Total Dissolved Solids Bromodichloromethane Bromoform; Tribromomethane Inorganic Constituents: Carbon disulfide Antimony Carbon tetrachloride Arsenic Chlorobenzene Barium Chloroethane; Ethyl chloride Beryllium Chloroform; Trichloromethane Cadmium Dibromochloromethane; Chlorodibromomethane Chloride 1,2-Dibromo-3-chloropropane; DBCP Chromium 1,2-Dibromoethane; Ethylene dibromide; EDB Cobalt o -Dichlorobenzene; 1,2 -Dichlorobenzene Copper p -Dichlorobenzene; 1,4 -Dichlorobenzene Iron trans -1, 4-Dichloro-2-butene Lead 1,1-Dichlorethane; Ethylidene chloride Manganese 1,2-Dichlorethane; Ethylene dichloride Mercury 1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride Nickel cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene Selenium trans -1, 2-Dichloroethylene; trans-1,2-Dichloroethene Silver 1,2-Dichloropropane; Propylene dichloride Sulfate cis-1,3-Dichloropropene Thallium trans-1,3-Dichloropropene Vanadium Ethylbenzene Zinc 2-Hexanone; Methyl butyl ketone Methyl bromide; Bromomethane Methyl chloride; Chloromethane Methylene bromide; Dibromomethane Methylene chloride; Dichloromethane Methyl ethyl ketone; MEK; 2-Butanone Methyl iodide; Idomethane 4-Methyl-2-pentanone; Methyl isobutyl ketone Styrene 1,1,1,2 -Tetrachloroethane 1,1,2,2 -Tetrachloroethane Tetrachloroethylene; Tetrachloroethene; Perch loroethylene Tetrahydrofuran Toluene 1,1,1 -Trichloroethane; Methylchloroform 1,1,2 -Trichloroethane Trichloroethylene; Trichloroethene Trichlorofluoromethane; CFC -11 1,2,3-Trichloropropane Vinyl acetate Vinyl chloride Xylenes DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 I , , 1111 TXI�I DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-8817-4094-858E-A11DC9F14096 u w > 2 k S 'L NA, r i!i �- '��'� 1•�P 4 � -��_ - _ rw 9*�r',.'5kw 6 t- �x 9 10 ,� R Yf, 1213 14 A ,�r��,. .p k •ry:� _ � 4. ,tom • a t,� f ' d` , ar •s�' i 15 16 18 17 20 333 19 06 ,�,. . h ,� a ri,✓' '�" - ,� . f lA` CAROLINA N Property Boundary Photo Approximate Locations Photo Locations �CQSYSTEM • Feet F-7 Wetlands Zone 1 Buffers 3040 NC 42 West; Clayton, NC 27520 1 1' . - Zone 2 Buffers • High Point Landfill, LLC � P: (919)-606-1065><:(919)-585-5570 0 150 300 `" Streams High Point C&D Landfill September 2015 Guilford County, NC DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 This page intentionally left blank. DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC91F14096 WI -High Point C&D Landfill Appendix 8 Major Buffer Variance — Site Photographs Photo 3: Entering upper wetland area. Photo 4: Between wetland areas. Page 2 of 10 DocuSign Envelope ID: D19F47D5-B817-4094-858E-A11 DC9F14096 WI -High Point C&D Landfill Appendix 8 Major Buffer Variance — Site Photographs &A; Photo 5: Short segment with evidence of concentrated flow. Photo 6: Above second wetland area. Page 3 of 10 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 WI -High Point C&D Landfill Appendix 8 Major Buffer Variance — Site Photographs Photo 7: Drainage from old pond bed. Photo 8: Within second wetland area. Page 4 of 10 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 WI -High Point C&D Landfill Appendix 8 Major Buffer Variance — Site Photographs Photo 9: Lower end of second wetland area. Photo 10: Above intermittent stream origin. Page 5 of 10 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 WI -High Point C&D Landfill Appendix 8 Major Buffer Variance — Site Photographs Photo 11: Intermittent stream origin. Photo 12: Below stream origin. Page 6 of 10 id Photo 12: Below stream origin. Page 6 of 10 DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 WI -High Point C&D Landfill Major Buffer Variance — Site Photographs Appendix 8 Photo 13: Within impact area. Sim. it `. Y'� 4 1- �T J }. f r w J � ...} Photo 14: Lower impact area. Page 7 of 10 r i c _ *ter t T _ �z yr tea_+ r i c hIF 'tOki > , d 41, � �1. �_ � '• TTI "� a-� `4 .f-. _.`" `."�'-.� ...� 1�.Jw � � ar a -+... � �f : -P s .'-"G " '�= 1i 'rte+ � � � l - '. .. ♦ .. .,,y r �I 1 H - y ~ r f Photo 17: Drainage pattern in lower wetland area. NO P1. w _ r DocuSign Envelope ID: D19F47D5-6817-4094-858E-A11DC9F14096 WI -High Point C&D Landfill Major Buffer Variance — Site Photographs Of '�'• i. .� `t �� .d � �4 �, a �' �` :�S A� •" _-°" � r e- �. r Appendix 8 Photo 19: Beginning to reform below wetland. Photo 20: Saturated soils below lower wetland area. Page 10 of 10 Certificate Of Completion Envelope Number: D19F47D5B8174094858EA11DC91=14096 Subject: Please DocuSign: WI High Point Variance_Preliminary Submittal_Reduced.pdf Source Envelope: Document Pages: 150 Signatures: 8 Certificate Pages: 4 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Record Tracking Status: Original September 10, 2015 115:50 ET Signer Events Stacey A. Smith stacey@smithgardnerinc.com President Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: September 10, 2015 115:59 ET ID:d4f6a5e7-e816-4fb1-8ee1-bf8ce9dc9503 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: 24.106.183.110 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 10, 2015 115:58 ET Viewed: September 10, 2015 115:59 ET Signed: September 10, 2015 116:00 ET Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps September 10, 2015 115:58 ET September 10, 2015 115:59 ET September 10, 2015 116:00 ET September 10, 2015 116:00 ET Electronic Record and Signature Disclosure created on: 4/7/2015 7:58:24 PM Parties agreed to: Stacey A. Smith ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Smith Gardner, Inc. (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the `I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign `Withdraw Consent' form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Smith Gardner, Inc.: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: emily@smithgardnerinc.com To advise Smith Gardner, Inc. of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at emily@smithgardnerinc.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system. To request paper copies from Smith Gardner, Inc. To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to emily@smithgardnerinc.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Smith Gardner, Inc. To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to emily@smithgardnerinc.com and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows@ 2000, Windows@ XP, Windows Vista@; Mac OSO X Browsers: Final release versions of Internet Explorer@ 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); SafariTM 3.0 or above (Mac only) PDF Reader: Acrobat@ or similar software may be required to view and print PDF files Screen Resolution: 800 x 600 minimum Enabled Security Settings: Allow per session cookies ** These minimum requirements are subject to change. If these requirements change, you will be asked to re -accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the `I agree' button below. By checking the `I agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify Smith Gardner, Inc. as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Smith Gardner, Inc. during the course of my relationship with you.