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E14VWONMIENTAL QUALITY
Request for a Major Variance from the
Neuse River Riparian Area Protection Rules
Johnston County
680 County Home Road
Smithfield, NC
May 10, 2017
ROY COOPER
MICHAEL S. REGAN
S. JAY ZIMMERMAN
Johnston County has requested the Water Quality Committee (WQC) to grant a Major Variance
from the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233) for expansion of their
landfill within Zone 1 and Zone 2 of the buffer at 680 County Home Road in Smithfield, NC. The
proposed landfill expansion will impact 22,046 square feet of Zone 1 and 17,654 square feet of
Zone 2.
Accordingly, pursuant to 15A NCAC 02B .0233 (9)(c), the Division of Water Resources makes the
preliminary finding that the major variance request demonstrates the following:
• Practical difficulties or unnecessary hardships are present;
• The harmony and spirit of buffer protection requirements are met; and
• The protection of water quality and substantial justice has been achieved as required in
15A NCAC 0213 .0233 (9)(a).
15A NCAC 0213 .0233 (9)(a)(i) states the following:
"There are practical difficulties or unnecessary hardships that prevent compliance with the strict
letter of the riparian buffer protection requirements. Practical difficulties or unnecessary
hardships shall be evaluated in accordance with the following:
A. If the applicant complies with the provisions of this Rule, he/she can secure no reasonable
return from, nor make reasonable use of, his/her property. Merely proving that the
variance would permit o greater profit from the property shall not be considered
adequate justification for o variance. Moreover, the Division or delegated local authority
shall consider whether the variance is the minimum possible deviation from the terms of
this Rule that shall make reasonable use of the property possible.
B. The hardship results from application of this Rule to the property rather than from other
factors such os deed restrictions or other hardship.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 8076300

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C. The hardship is due to the physical nature of the applicant's property, such os its size,
shape, or topography, which is different from that of neighboring property.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this Rule.
E. The applicant did not purchase the property after the effective dote of this Rule, and then
request on appeal.
F. The hardship is unique to the applicant's property, rather than the result of conditions
that ore widespread. If other properties ore equally subject to the hardship created in the
restriction, then granting o variance would be o special privilege denied to others, and
would not promote equal justice;"
The Division finds the following:
There are practical difficulties that prevent compliance with the strict letter of the riparian
buffer protection requirements:
A. Johnston County purchased the property to provide solid waste disposal for the
foreseeable future. Compliance with the Rule would result in a 67% reduction in
landfill capacity. No other practical alternatives are available within the permitted
facility boundary. Expansion of the facility boundary or siting a new landfill location
would require a significant effort including public review and compliance with strict
regulatory restrictions with no certainty of success.
B. The hardship results from application of this Rule rather than from other factors.
There are no restrictions to the proposed expansion of the landfill beyond compliance
with the Rule and Clean Water Act regulations. Application for an Individual Permit
and Water Quality Certification will be submitted should the Major Variance be
granted. Solid waste buffers do not result in the hardship addressed in this
application.
C. The main constraint to the expansion of the landfill is the physical nature of the
applicant's property. Middle Creek and its floodplain are located to the north of the
project. Larger drainages that include contiguous and fully functioning stream
channels with adjacent wetlands and a NCDOT parcel that is outside of the facility
boundary are located west of the project. Landfill infrastructure including a gas to
energy plant, office, scale house, maintenance facility and public convenience center
constrain the expansion to the south.
D. The applicant has not violated this Rule. All prior landfill construction, borrow
activities and other site infrastructure comply with the Rule.
E. Johnston County purchased the property in 1991 prior to the effective date of the
Rule with the intent to provide long-term solid waste disposal for Johnston County
and surrounding areas.

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F. The hardship is unique to the applicant's property in that the property contains an
existing MSW landfill with an approved facility boundary. This constraint is different
from that of most of the other properties in the area. Only 3 active MSW landfills are
currently present with the counties adjacent to the project. Additionally, the three-
dimensional aspect of landfills and need for stable side slopes makes avoidance of the
buffer impractical.
15A NCAC 02B.0233 (9)(a)(ii)
"The variance is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and preserves its spirit,"
The Divisions finds the following:
The purpose of the riparian buffer rule is to protect existing riparian buffer areas. However, the
applicant cannot make reasonable use of the property without impacting the protected riparian
buffer. The applicant is proposing to purchase 75,957 buffer mitigation credits from the Old
Savannah Nutrient Offset & Buffer Bank located within HUC 03020201 to offset the buffer
impacts that are not occupied by wetlands that will be mitigated in accordance with 15A NCAC
02H.0506.
15A NCAC 02B.0233 (9)(a)(iii)
"In granting the variance, the public safety and welfare hove been assured, water quality has
been protected, and substantial justice has been done."
The Divisions finds the following:
State solid waste regulations for the design and operation of MSW landfills, including a plan to
monitor ground and surface water, ensure that public safety and welfare have been assured,
water quality has been protected, and substantial justice has been done. Additionally, the
applicant is proposing to purchase 75,957 buffer mitigation credits and implement a stormwater
management plan for the project designed to meet state solid waste regulations and maintain
diffuse flow through the remaining buffer on the site. A detailed stormwater management plan
consisting of dry detention basins, grassed swales, and small level spreaders or energy
dissipators will be submitted as part of the Section 404/401 permitting and certification required
for the impacts to surface waters and wetlands. This Major Variance as proposed is consistent
with past Major Variance approvals from the Water Quality Committee.
Division of Water Resources' Recommendation:
Based on the information submitted, the Division of Water Resources supports this request for a
Major Variance from the Neuse Riparian Area Protection Rules because the harmony and spirit
of buffer protection requirements are met and the protection of water quality and substantial
justice has been achieved as required in 15A NCAC 02B .0233 (9)(a) provided the below
mentioned conditions or stipulations are required. If the Water Quality Committee approves this
request for a Major Variance from the Neuse Riparian Area Protection Rules, the Division

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recommends approval with the following conditions or stipulations [pursuant to 15A NCAC 02B
.0233 (9)(c)(ii) & (iii)]:
• Mitigation
The applicant shall provide mitigation for the proposed impacts by purchasing 75,957
buffer credits within HUC 03020201 from the Old Savannah Nutrient Offset & Buffer
Bankas indicated in their application.
• A final Site Plan including the Stormwater Management Plan is approved by the Division
of Water Resources prior to disturbance within the buffer.
• This major variance shall only apply if the USACE issues a Section 404 permit and the
Division of Water Resources issues a 401 Water Quality Certification for impacts to the
stream and wetlands associated with the subject buffers.