20160279 Ver 2_Public Notice_20160513

US Army Corps
PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: May 13, 2016
Comment Deadline: June 13, 2016
Corps Action ID Number: SAW -2014-01568
The Wilmington District, Corps of Engineers (Corps) received an application from WI
High Point Landfill, LLC seeking Department of the Army authorization to discharge fill
material into waters of the United States, associated with expanding the existing Waste
Industries (WI) High Point Construction and Debris (C&D) Landfill in Guilford County,
North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site
at http://www.saw.usace.army.miI/Missions/Re u�yPerinitPro r�px
Applicant: WI High Point Landfill, LLC
Mr. David Pepper
3301 Benson Drive, Suite 601
Raleigh, North Carolina 27509
Agent: Carolina Ecosystems, Inc.
Mr. Philip May
3040 NC Highway 42 West
Clayton, North Carolina 27520
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899(33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
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Location
Directions to Site: The proposed project area is a primarily undeveloped tract
immediately east of the existing WI High Point C&D Landfill cells, located on the west
side of Riverdale Road, approximately 0.3 mile south of its intersection with Kivett
Drive, at 5822 Riverdale Drive in High Point, in Guilford County, North Carolina.
Project Area (acres): —26 acres (proposed landfill cells) Nearest Town: High Point
Nearest Waterway: UT to Richland Creek River Basin: 03030003
Latitude and Longitude: 35.949410°N, -79.921204°W
Existing Site Conditions
The proposed project area is located within the Charlotte Belt of the Piedmont
Physiographic Province. This region's geology is dominated by plutonic rocks with some
large areas of metavolcanic rocks. The expansion site (project area) geomorphology
generally includes uplands bisected from northeast to southwest by three small parallel
drainages down cutting from the uplands towards the floodplain of a unnamed tributary
(UT) to Richland Creek (off site). Elevation across the site ranges from approximately
810 feet above mean sea level (MSL), in the southeast extent of the property near
Riverdale Drive, to 738 feet MSL along a UT to Richland Creek in the southwest corner
of the site. Soils are mapped as Enon fine sandy loam 2-6% slopes (EnB), Enon fine
sandy loam 6-10% slopes (EnC), Wynott-Wilkes-Poindexter complex 2-10% slopes
(WwC), Wilkes-Poindexter-Wynott complex 10-15% slopes (WkD), and Wilkes-
Poindexter-Wynott complex 15-45% slopes (WkE). The Enon series consists of well
drained, slowly permeable soils that occur on ridge tops and side slopes of the Piedmont.
The Poindexter series consists of well drained, moderately permeable soils that formed in
residuum from basic rocks or a mixture of basic and acidic rocks in the Piedmont. The
Wilkes series consists of well drained, moderately slow to slowly permeable soils that
formed in residuum weathered from intermediate and mafic crystalline rocks on uplands
in the Piedmont. The Wynott series consists of well drained, slowly permeable soils that
formed in residuum from gabbro, diorite, and other dark colored mafic rocks on uplands
in the Piedmont. Average annual precipitation for Guilford County is 43.1 inches.
Historically, the site used for farming, with forested areas on the steeper slopes and
bottomlands. A pond was constructed in the project area in the late 1990s and removed
and re -graded between 2007 and 2008. The existing landfill was constructed on the west
side of the property between 2002 and 2004. Currently the proposed project area consists
of early to mid -successional forest, with the drained pond area consisting of fescue
(Festuca spp.) and Bermudagrass (Cynodon dactylon) in the central portion. Upland
forest areas on site include trees such as Virginia pine (Pinus virginiana), sweetgum
(Liquidambar styracijlua), and red maple (Acer rubrum), saplings and shrubs including
eastern red cedar (Juniperus virginiana), post oak (Quercus stellata), multiflora rose
(Rosa multiflora), and Chinese privet (Ligustrum sinense), and vines such as Japanese
honeysuckle (Lonicera japonica). A maintenance facility, scale house, and recycling
center are located just north of the project area associated with the existing C&D landfill.
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The project area is bordered to the west by the existing WI High Point C&D Landfill, to
the south by forested land and a power line corridor, to the east by Riverdale Road, and to
the north by existing C&D landfill infrastructure referenced above. General area land use
includes forested areas, scattered low density residential properties, two municipal
landfills to the west, a granite quarry to the north, and a water treatment plan to the
southeast. The project area is located between I-85 and 1-85 Business, approximately one
mile to the northwest and southeast, respectively.
Carolina Ecosystems, Inc., consultant for the applicant, conducted a delineation of
potential waters of the US for the site in February 2014. The jurisdictional boundaries,
including 1 streams and adjacent 5 wetlands were verified by the Corps during a site visit
on August 26, 2014; an Approved Jurisdictional Determination (AJD) is pending. The
on-site stream, a UT to Richland Creek, is considered a Relatively Permanent Water,
which flows via Richland Creek to the Deep River, a Traditionally Navigable Water. This
stream carries the NC Division of Water Resources (NCDWR) best usage classification
of "WS -IV, CA." "WS -IV" refers to those waters used as sources of water supply for
drinking, culinary, or food processing purposes where a WS -I, JI or III classification is
not feasible. WS -IV waters are generally in moderately to highly developed watersheds
or Protected Areas. "CA" refers to Critical Area as this resource is in the Randleman
Lake Riparian Buffer area. There are no designated Outstanding Resource Waters
(ORW), High Quality Waters (HQW), Water Supply I (WS -I), or Water Supply (WS -II)
waters within 1.0 mile of the project area. The wetlands within the project area are all of
the Headwater Forest wetland type, according to the North Carolina Wetland Assessment
Method (NCWAM). These features contain a mix of plant assemblages, with the wetland
area in the drained pond bed containing small trees such as black willow (Salix nigra)
and sweetgum, and herbaceous plants such as soft rush (Juncus effuses), woolgrass
(Scirpus cyperinus), and broadleaf cattail (Typha latifolia). The other wetlands on site are
forested with canopy species including sweetgum, saplings and shrubs including tag alder
(Alnus serrulata), black willow, and sycamore (Platanus occidentalis), and vines such as
Japanese honeysuckle. Soils within these features are primarily loamy with a low chroma
(2.5Y 5/2) matrix and bright (7.5YR 5/6) redoximorphic concentrations. Typical of
wetlands in headwater drainages, these wetlands display hydrology indicators such as
seasonal high water table and saturation, oxidized rhizospheres on living roots, and FAC -
neutral test.
Background
The initial cells of the WI High Point C&D Landfill were authorized under Nationwide
Permit 39 on September 18, 2002. This authorization included permanent fill in 0.02 acre
of riparian wetlands. Compensatory mitigation was not required for these impacts.
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Applicant's Stated Purpose
The purpose of the WI 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
Conditional Use Permit (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. Ten C&D landfills occur within 50 -miles of the
Site. 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.
Project Description
The applicant has proposed to permanently discharge fill material into an additional 394
linear feet of perennial streams and 0.60 acre of riparian, non-riverine wetlands to expand
the existing WI High Point C&D Landfill, consisting of four additional landfill cells,
structural fill for waste cell sloping, and stormwater outfall. The applicant also proposes
to temporarily discharge fill material into 10 linear feet of stream for facility construction.
If authorized, cumulative impacts for all cells of the WI High Point C&D Landfill would
include permanent fill in 0.62 acre of riparian, non-riverine wetlands and 394 linear feet
(0.05 acre) of stream channel and temporary fill in 10 linear feet (<0.01 acre) of stream
channel.
The applicant submitted an Alternatives Analysis that includes a No Action and two on-
site Alternatives. This information has been included with this Public Notice as well.
Supplemental documentation including project plans and a narrative can be found on the
District Website
at http://www.saw.usace.army.mil/Missions/Re ug latoryPermitProgram/PublicNotices.asp
X.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment:
Expanding an existing landfill facility instead of pursuing a new self-contained
landfill;
Designing the waste area of the landfill completely outside of the Randleman
Lake Critical Area;
Employing Best Management Practices and best available science in landfill
design and construction;
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• Designing and constructing stormwater and sediment and erosion controls
consistent with state law.
Compensatory Mitigation
The applicant proposed to offset unavoidable functional loss to the aquatic environment
through payment to the NC Division of Mitigation Services (NCDMS). Although
NCDMS provided a mitigation acceptance letter dated April 25, 2016, the applicant did
not propose specific mitigation to impact ratios for each impact type.
Essential Fish Habitat
Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible -for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
® No historic properties, nor, properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
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❑ Historic properties, or properties eligible for inclusion in the National Register,
are present within the Corps' permit area; moreover, the undertaking may have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible for
inclusion in the National Register of Historic Places are known to be present in
the vicinity of the proposed work. Additional work may be necessary to identify
and assess any historic or prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps -identified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
❑ The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑ The.Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
The Corps initiates consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
Z The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
The applicant submitted additional site-specific information on federally protected
threatened and endangered species, which can be found on the District Website
at http://www.saw.usace.army.mil/Missions/Re ulatoryPermitProgram/PublieNotices.asl2 a
X.
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Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so, in writing, by June 3, 2016 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
❑ The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the
proposed work until the applicant submits such a certification to the Corps and
the NCDCM, and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification. As the application did not include the
consistency certification, the Corps will request, upon receipt; concurrence or
objection from the NCDCM.
® Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management (CZM)
Act (16 U.S.C. § 1453).
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Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest. That
decision will reflect the national concern for both protection and utilization of important
resources. The benefit which reasonably may be expected to accrue from the proposal
must be balanced against its reasonably foreseeable detriments. All factors which may be
relevant to the proposal will be considered including the cumulative effects thereof;
among those are conservation, economics, aesthetics, general environmental concerns,
wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values
(in accordance with Executive Order 11988), land use, navigation, shoreline erosion and
accretion, recreation, water supply and conservation, water quality, energy needs, safety,
food and fiber production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the discharge of
dredged or fill materials in waters of the United States, the evaluation of the impact of the
activity on the public interest will include application of the Environmental Protection
Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, June 13, 2016. Comments should be
submitted to David E. Bailey, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 , Wake Forest, North Carolina 27587, at (919) 554-
4884 extension 30.
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