HomeMy WebLinkAbout20061577 Ver 1_COMPLETE FILE_20060102
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PROGRAM
RECEIPT
November 21, 2006
Charles Brushwood
Davidson County Integrated Solid Waste Management
1242 Old Highway 29
Thomasville, NC 27360
Project: Davidson County Phase 2 Landfill
County: Davidson
DWQ#: 06-1577
COE#: 200641011-229
EEP #: ILF-2006-4566
Amount Paid: $6,961.75
Check Number: 11202
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The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above
referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have
been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
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River Basin Stream Credits Wetlands Credits Buffer I Buffer II
CU (Sq. Ft.) (Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Yadkin 0 O T O 0.25 0 0 0 0
03040103
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Kelly Williams at (919) 716-1921.
Sincerely,
cc: L .Pyfdi Karoly, Wetlands/401 Unit
John Thomas, USACE- Raleigh
Daryl Lamb, DWQ- Winston-Salem
File
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William D. Gilmore, PE
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www. nceep.net
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PROGRAM
INVOICE
November 14, 2006
Charles Brushwood
Davidson County Integrated Solid Waste Management
1242 Old Highway 29
Thomasville, NC 27360
Project: Davidson County Phase 2 Landfill
County: Davidson
DWQ#: 06-1577
COE#: 2006-41011-229
EEP #: ILF-2006-4566
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You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above referenced
project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with 15A NCAC
2H.0500, the amount you owe is based upon the 2006-07 Fee Schedule and has been calculated as follows (Please note: payment of
wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call Kelly Williams at
(919) 716-1921.
Riparian Wetlands 0.25 acres x $ 27,847.00 = $6,961.75
TOTAL AMOUNT DUE $6,961.75
Please mail a check payable to NCEEP for the Total Amount Due to one of the addresses below and enclose a copy of this invoice.
US Mail: Physical Address:
NCDENR Ecosystem Enhancement Program NCDENR Ecosystem Enhancement Program
1652 Mail Service Center 2728 Capital Boulevard Suite 111103
Raleigh, NC 27699-1652 Raleigh, NC 27604
Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of
the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or
authorization have been rescinded. If the payment check's account name is not the same as the permit holder's name please include a
signed statement that the check is being written on behalf of and with full knowledge of the permit holder.
YOU MUST BE W POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE
ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY
CERTIFICATION.
cc: u eyndi Karoly, Wetlands/401 Unit
Johnn Thomas, USAGE- Raleigh
Daryl Lamb, DWQ- Winston-Salem
Phil May, agent (fax)
File
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NOV 1 6 2006
DENR - WATER QUALITY
WETLANDS AND STORAMATER BRANCH
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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OCT 2 6 2006
DENJR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Mr. Charles Brushwood
Davidson County Integrated Solid Waste Management
1242 Old Highway 29
Thomasville, NC 27360
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Brushwood:
Alan W. Klimek, P.E. Director
Division of Water Quality
October 20, 2006
DWQ# 06-1577
Davidson County
Davidson County Integrated Solid Waste Management has our approval, in accordance with the attached
conditions, to place permanent fill in 0.25 acre of forested wetlands for the construction of a municipal solid
waste landfill on county.property located on Turner Road northeast of Lexington in Davidson County, ' as
described in your application received by the Division of Water Quality (DWQ) on October 2, 2006. After,
reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3402, which can be viewed on our web site at
http://www.ncwaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit
Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other
applicable federal, state or local permits before you proceed with your project, including (but not limited to)
those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
Also, this approval will expire when the accompanying 404 permits expire unless otherwise specified in the
General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you maybe required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this
project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear
feet, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this
approval to be valid, you must follow the conditions listed in the attached certification, as well as the
additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
- One Carolina
,Ivatu llllu
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet hfp://lAww,ncwaterguality.org
Customer Service Number: 1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Charles Brushwood
Page 2, DWQ# 06-1577
October 20, 2006
Amount Approved Plan Location or Reference
Wetlands 0.25 acre Forested wetlands within county property located on Turner Road
northeast of Lexington in Davidson County as depicted on the site
plan included with the application
2. Mitigation is required for permanent impacts to 0.25 acre of riparian wetlands. We understand that you
have chosen to contribute to the North Carolina Ecosystem Enhancement Program (NC EEP) in order to
compensate for these impacts. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7),
this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h).
Until the NC EEP receives and clears your check (made payable to: DENR - North Carolina Ecosystem
Enhancement Program), stream, wetland, and buffer impacts (including fill) shall not occur at this site.
Mr. David Robinson should be contacted at (919) 715-2228 if you have any questions concerning -the
Ecosystem Enhancement Program. You have thirty (30) days from the date of this Certification to make
this payment. For accounting purposes, this Certification authorizes the permanent fill'of 0.25 acre of
riparian wetlands in the Yadkin River Basin, Cataloging Unit Number 03040103.
3. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class C waters as described in 15A NCAC 02B.0211 Fresh Surface Water Quality
Standards For Class C Waters. Such measures must equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must
be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor
owned and leased borrow pits, which are associated with this project.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
project is completed or, if applicable, within six months of the date that the project is released by the
North Carolina Division of Land Resources.
5. No waste, spoils, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
6. All construction activities associated with this project shall minimize built-upon surface area, direct
stormwater runoff away from surface waters, and incorporate best management practices to minimize
water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in
Mr. Charles Brushwood
Page 3, DWQ# 06-1577
October 20, 2006
contact with surface waters until it has cured. If any stormwater must be collected for discharge into a
stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as
sheet flow prior to entering the riparian buffer on either side of the stream.
7. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the Wetlands/401 Certification Unit of the NC Division of Water
Quality at the address listed on the form.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the CleanWater Act.
If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-
771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
Alan W. Klimek, P.E.
AWK/cdl
Attachments
cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ, Winston-Salem Regional Office
Central Files
Wetlands/401 File Copy
Mr. Philip May, Carolina Ecosystems, Inc., 8208 Brian Court, Garner, NC 27529
Triage Check List
Date: 10/04/06 Project Name: Davidson County Phase 2 Landfill
DWQ#: 06-1577
County: Davidson
Daryl Lamb, Winston-Salem Regional Office
To:
60-day processing time: 10/02/06 -11/30/06
From: Cyndi Karoly Telephone: (919) 733-9721
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
X , 1
CAROLINA
ECOSYSTEMS, INC.
September 29, 2006
Mr. John Thomas
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of Neuse Road
Suite 120
Raleigh, North Carolina 27615
RE: Nationwide Permit 39 Pre-Construction Notification
Davidson County Phase 2 Landfill
Lexington, North Carolina
Dear Mr. Thomas;
8208 Brian Ct.; Garner, NC 27529
P.919-606-1065 - F:919-341-4474
20061577
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0 C T 2 2006
DENR - WATER QUALITY
%ETIANDS AND STORMWATER BRANCH
Davidson County Integrated Solid Waste Management is proposing to construct Phase 2 of their
municipal solid waste (MSW) landfill on a new site adjacent to their existing landfill facility in
Lexington, North Carolina. In support of this activity, Carolina Ecosystems, Inc. and G. N.
Richardson and Associates Inc. have prepared this Nationwide 39 Pre-Construction Notification
(PCN) for the project. Included in this submittal are the PCN form, vicinity and site maps,
engineering plans and details, site photographs, and an agent authorization letter. Additional
information supplementing the PCN form is included in this cover letter.
Project Background
Davidson County has owned and operated solid waste facilities since 1975. This includes old
closed unlined landfills (Holly Grove Landfill) and, more recently, a Subtitle D lined MSW
landfill (Phase 1) and a construction and demolition (C&D) landfill. The Davidson County
landfill property lies just east of Lexington, North Carolina. The Phase 1 landfill has been
operating since 1993, and is projected to reach its capacity in the fall of 2007. The Phase 2
property was purchased by the County in 1985 in anticipation of needing future landfill space.
Additional properties that comprise the entire facility were acquired since that time. The Phase 1
and 2 landfill areas are divided by a CSX rail line and there are no existing or planned
connections of utilities or roads between the two phases. Davidson County renovated an existing
structure for use as Phase 2 office space in 2004. For these reasons, as explained in an on-site
pre-application meeting on October 27, 2004, Andrea Wade of your office determined that the
projects are independent and therefore a Nationwide Permit 39 is appropriate for the project.
Davidson County began preliminary environmental and geotechnical investigations at the Phase
2 site in the early 1990's. A NC Department of Environment and Natural Resources (NCDENR)
Solid Waste Site Suitability Study was submitted for the proposed landfill site in February 2002.
This study has since been amended and resubmitted. Due to geologic conditions on the site, the
first cell (5-year capacity area) that will be approved for use is Area 1, in the middle of the site.
Further geologic investigation will be required on the future disposal areas.
f 04
Mr. John Thomas Page 2 of 4
September 29, 2006
Project Purpose and Alternatives
The overall purpose of this project is to continue to provide the citizens of Davidson County with
safe and cost-effective waste disposal for the immediate and long-term future. The Phase 2
property will supply up to 40 years of landfill capacity for the County. The existing Phase 1 area
is nearing capacity, with no additional room for expansion. A full alternatives evaluation for the
project was performed to comply with NCDENR Solid Waste regulations. In addition to an
analysis of using private waste disposal sites and transporting waste to off-site facilities, a full
GIS-based evaluation of sites that meet Solid Waste criteria within the County was performed.
This analysis resulted in the Phase 2 site being in the top 5 most suitable properties and the only
one currently owned by the County. Additional documentation regarding this analysis is
available upon request.
Site Description
The Phase 2 site is located along a ridge line that runs generally from southwest to northeast and
parallels Rich Fork. The site is bounded on the south by the CSX rail line, the west and
northwest by Rich Fork, the north by Old US 29, and the east by a power line easement and
private properties. The proposed landfill area (Figure 2) is designed to avoid several site
constraints including the Rich Fork flood plain, an intermittent stream and headwater wetland to
the east, and a large beaver and railroad impounded wetland to the south.
There are approximately 11.75 acres of wetlands within the Phase 2 property. These include:
? A large flood plain wetland along Rich Fork, northwest of the landfill;
? A headwater wetland proposed for impact by Area 1 construction;
? A large beaver and railroad impounded wetland south of the landfill;
? A headwater stream and wetland to the east of the landfill; and
? A small headwater wetland impounded by an old roadbed in Area 4.
The proposed site plan includes unavoidable impacts to a headwater wetland, included in this
application, and proposes future impacts to the roadbed impounded wetland in approximately 30
to 40 years. Due to the uncertainty involved in projecting long-term impacts and landfill
capacity, the future impacts to this area are not included in this application.
Avoidance and Minimization
Due to the avoidance of the significant environmental features described above, the overall shape
of the proposed landfill area is constricted on the northwest and south sides. The 0.25 acre of
headwater wetland impacts proposed in this permit application are necessary to avoid these other
features. This impact would consist of some fill for the outer berm and access road for the
landfill, and clearing for a sediment basin to control runoff from the construction area. The
reduction in volume through avoidance of this area would reduce landfill capacity in Areas 1, 2,
and 3 (Figure 3). This would affect the long-term lifespan of the landfill as well as the initial
capacity. In addition, the access road around the landfill would require an extremely tight corner
at the wetland area. The current design of this comer, which minimized impacts to Wetland Site
2, allows for only a 5-mile per hour speed. Since the borrow material needed for construction of
. J k
Mr. John Thomas Page 3 of 4
September 29, 2006
the landfill and daily cover of the waste mass will be excavated from Areas 2 and 3, the access
perimeter road will be used for disposal traffic and separated from the construction and operation
traffic in these areas. This necessitates the filling of the small headwater wetland area as shown
(Figure 4).
Mitigation
Compensatory mitigation for the 0.25 acre of wetland impacts is proposed through the use of in-
lieu fee payment to the NC Ecosystem Enhancement Program (EEP). An in-lieu fee request was
submitted to the EEP, and confirmation that this mitigation is acceptable is included in this
application.
On-site mitigation is not proposed due to the lack of available restoration sites and the small area
of impact. Potential wetland mitigation areas are limited to the extensive flood plain on the site,
but would involve a significant amount of deforestation in the flood plain. The cost, plus the
limited function provided by a small flood plain wetland, are not practical mitigation alternatives
for this impact. The only other alternative for on-site mitigation is an old borrow area on the
southern side of the railroad tracks. This borrow area is located in an upland, and would be
considered creation rather than restoration. A significant amount of fill would still need to be
removed to obtain proper elevations and the hydrology of the site would have to rely on
overbank flow from Jimmys Creek. This stream is influenced by the release regime of an
upstream quarry and is very flashy and difficult to predict. This uncertain hydrologic regime
eliminated this area as a potential wetland mitigation site.
Protected Species
A full site suitability analysis has been performed under the NCDENR Solid Waste regulations.
This included an evaluation of potential habitat for threatened or endangered species under the
Endangered Species Act. The listed species for Davidson County are shown in Table 1. No
individuals of these species were observed during extensive site investigations by qualified
biologists.
Table 1
Federally Protected Species in Davidson County, NC
Common Name
Scientific Name Federal'
Status Biological
Conclusion
Bo turtle Clemm s muhlenber 'i T - S/A No effect
Bald ea le Haliaeetus leucoce halus T No effect
Schweinitz's sunflower Helianthus schweinitzii E No effect
Georgia aster S m hiotrichum eor anium C No effect
No potential habitat exists for these listed species within the disturbance limits of the landfill. A
power line right-of-way is present on the eastern side of the site, which could provide habitat for
Schweinitz's sunflower and Georgia aster. However there will be no construction activity within
these areas.
Mr. John Thomas Page 4 of 4
September 29, 2006
Historical and Archaeological Resources
State regulations require that a new MSW landfill not damage or destroy an archaeological site
or historical property. The North Carolina Department of Cultural Resources (DCR) was
contacted in order to determine archaeological and historical significance of the property. A
previous study indicated that no archaeological or historical sites would be impacted by the
project; however, the proposed landfill footprint has changed since that time. A new review of
the site was deemed necessary based on these changes. The new review from DCR (October 27,
2000) indicates that the revised landfill footprint will not require additional archaeological study
(Appendix B).
Stormwater Management
Stormwater generated on the landfill property will be controlled on-site per current State
regulations. During the construction and operation of each landfill cell, stormwater will be
routed to sediment basins shown on Figure 4. These basins will be sized to handle the 24-hour
25 year storm event. Stormwater falling in areas of the landfill accepting waste (but not closed
out) will be routed to an on-site leachate storage tank and then transported to a wastewater
treatment plant. Upon closure of the landfill, stormwater will again be routed to the sediment
basins, which will be converted into dry detention basins. The cap and basins will be monitored
semiannually and maintenance performed for at least 30 years after closure. The development of
the landfill will add minimal impervious surface to the property, primarily from the scalehouse,
access road, and leachate storage tanks. The closed landfill, although capped, will allow for
some stormwater treatment. The cap would consist of at least 1 foot of vegetated cover soils,
followed by a drainage layer including filter fabric. Infiltration through the vegetated cap and
filter fabric would provide some treatment and retention of stormwater prior to entering the dry
detention ponds.
The preceding information, along with the enclosed Pre-Construction Notification and associated
materials,'. i's submitted for your review for this project. Seven copies of this package have been
provided to the North Carolina Division of Water Quality 401 Wetlands Unit for their review,
along with an application fee of $200.00. We appreciate your time in reviewing the
documentation of this important public service project for the citizens of Davidson County.
Please contact me at your earliest convenience if you have any questions or require any
additional information.
Sincerely,
Carolina Ecosystems, Inc.
Philip Y
Senior Environmental Scientist
Cc: Cyndi Karoly, Supervisor, NCDWQ Wetlands 401 Unit (seven copies)
Charles Brushwood, Solid Waste Director, Davidson County
Joan Smyth, Senior Hydrogeologist, G. N. Richardson & Associates, Inc.
Office Use Only: Form Version March 05
2 0 0 0 1 5 7 7
USACE Action ID No. DWQ No.
(u any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project: ,'t
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check V?,ere:
E gr- Lg
H. Applicant Information W D
D
1. Owner/Applicant Information 0 C T 2 2006
Name: Charles Brushwood Solid Waste Director DEN -
Mailing Address: Davidson County Integrated Solid Waste n MAT BRAA'CH
1242 Old Highway 29
Thomasville. North Carolina 27360
Telephone Number: (336) 242-2856 Fax Number: (336) 242-2172
E-mail Address: aionesna co.davidson.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Philip May
Company Affiliation: Carolina Ecosystems, Inc.
Mailing Address: 8208 Brian Court
Garner NC 27529
Telephone Number: (919) 606-1065 Fax Number:_ (919) 3414474
E-mail Address: nhil.mavna,carolinaeco.com
Page I of 10
HI. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Davidson County Phase 2 Landfill
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 1634300000006
4. Location
County: Davidson Nearest Town: Lexington
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers/names, landmarks, etc.):From I-85 Exit 96, go west
on US 64, take first right onto Bowers Rd, at stop sign turn L on Holly Grove Rd, turn
R on Turner Rd, at stop sign turn R on Old US 29, Landfill is approx. 0.9 miles on the
R.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35° 5112.73" ON 80° 10149.07" °W
6. Property size (acres): 230 Acres
7. Name of nearest receiving body of water: Rich Fork
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Current land use on site is old field, young previously
timbered forest, and active landfill borrow areas. Vicinity land use includes forest,
auriculture. and scattered residential in relatively equal proportion.
Page 2 of 10
10. Describe the overall project in detail, including the type of equipment to be used: The new
Phase 2 landfill will be a municipal solid waste landfill accepting waste from Davidson
County. Cell construction will occur as depicted in the attached site plan, starting with
Area 1. Access to the landfill will be provided along the containment berm in order to
keep waste hauling traffic separate from construction and operation traffic.
Construction within the wetland area will be performed using an excavator to remove
unsuitable (hydric) soils. Pans and bulldozers will place an impervious clay liner for
the construction of the landfill, followed by a geotextile membrane. Sediment and
erosion control measures will be placed at the limits of the impact area to prevent
secondary impacts to the adjacent wetlands.
Explain the purpose of the proposed work: The purpose of the landfill is to continue to
provide relatively low cost waste disposal to the citizens of Davidson County as
described in the attached cover letter. The impact to the wetland area is required in
order to avoid an extremely tight (and therefore unsafe) corner in the access road and
provide capacity for 5 years of disposal per State solid waste requirements within the
initial landfill cell (Area 1).
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. No previous permits have been used on this Phase of the landfill,
which is an independent proiect from the Phase 1 landfill site (as determined by Andrea
Wade). This site will be operated independently of the Phase 1 site, and can continue to
operate without it. There is no road or utility connection from Phase 1 to Phase 2 due to a
railroad ROW separating the two sites. The Phase 2 wetland delineation was approved
under Action ID 200220986 on May 15, 2002. Phase 1 impact information is available upon
request.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permits are anticipated in the next 20 years, However, there is an additional
wetland area (approx. 0.4 acres) that lies within a future cell. Due to the State requirement
of permitting 5-yr increments, this potential impact is at least 20 years in the future and
may not occur. Projections of landfill capacity and lifespan are not reliable enough over
that amount of time to accurately predict future impacts.
Page 3 of 10
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: A small forested headwater wetland
area will be cleared and grubbed, excavated, then backfilled with structural fill (clay)
and stone in order to build a perimeter berm and access road to the first cell of the
Phase 2 landfill facility. The current hydric soils will be removed, and structural fill
will then be placed and compacted. Erosion and sediment control measures will occupy
a portion of the impact area to prevent transport of sediment offsite.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
Site 1 Excavation/fill Forested No 510' 0.25
Total Wetland Impact (acres) 0.25
3. List the total acreage (estimated) of all existing wetlands on the property: 11.75
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Page 4 of 10
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
n/a n/a n/a n/a n/a n/a n/a
Total Stream Impact (by length and acreage) 0
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
n/a n/a n/a n/a n/a
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Imp act acres : 0
Wetland Impact acres): 0.25
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. acres 0.25
Total Stream Impact linear feet : 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
n/a
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Page 5 of 10
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Current land use in the vicinity of the pond: n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The maiority of the wetlands
on site (approximately 11.5 acres) have been avoided with the proposed design of the
landfill. The larger wetland systems within the flood plain and adjacent to the railroad on
the south side of the property have been completely avoided. This avoidance has reduced
the potential capacity of the facility from 50 years to 40 years. The impact to the
headwater wetland is unavoidable due to the location of the proposed borrow area and
landfill cell. Borrow activities will occur within Areas 2 and 3 which will interfere with
hauling of waste to Area 1. Therefore access to Area 1 will be provided along the
containment berm of the landfill. Avoidance of the wetland impact area would cause the
access road to have an extremely unsafe curve, or require mixing the local waste hauling
vehicles with construction traffic in Areas 2 and 3 as the next cell is developed. Due to
geologic conditions. Area 1 is the first cell available for waste disposal until further geologic
analysis is approved by the NC Division of Waste Management.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
Page 6 of 10
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
On-site mitigation is not proposed due to the lack of available restoration sites and the
small area of impact. Potential wetland mitigation areas are limited to the extensive
flood plain on the site, but would involve a significant amount of deforestation in the
flood plain. The cost of this, plus the limited function provided by a small flood plain
wetland, are not practical mitigation alternatives for this impact. The only other
alternative for on-site mitigation is an old borrow area on the southern side of the
tracks. This borrow area is located in an upland, and would be considered creation
rather than restoration. A significant amount of fill (which is unsuitable for landfill
construction) would still need to be removed to obtain proper elevations and the
hydrology of the site would have to rely on overflow of Jimmys Creek. This stream
influenced by the release regime of a quarry approximately 3000 feet upstream is very
flashy and difficult to predict. This uncertainty in the site hydrology led to the decision
not to further evaluate this area as mitigation. Due to the lack of practical mitigation
options on the site, NCEEP in lieu fee payment is the proposed mitigation method
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): 0.25
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 7 of 10
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify n/a )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* sqImpact uare feet Multiplier M Re itquig t on
1 n/a 3 (2 for Catawba) n/a
2 n/a 1.5 n/a
Total n/a n/a
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. n/a
Page 8 of 10
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Impervious surfaces will be limited to the
administration buildings already present on site, the leachate storage facility, and,
temporarily, any exposed landfill liner. Once waste is placed in a cell, the runoff will be
collected in the leachate collection system and transported to the Lexington wastewater
treatment plant. When the landfill cell has reached its capacity, it will be capped with a
vegetated final cover consisting of 24 inches of soil planted with grasses underlain by a
drainage geocomposite (geonet drainage core with filter eeotextile banded to each surface)
and geomembrane. Rain infiltrating through the vegetated laver will be filtered through
the filter eeotextile of the drainage composite and drain off to the stormwater basins.
These dry detention basins will be sized to handle the 25 year/24 hour storm. This
combination of infiltration, filtering, and dry detention adequately control and treat
stormwater on the site in compliance with state standards. It should be noted that
minimization of impervious surfaces on the site has already been performed. The County
expended significant time and money in the rehabilitation of existing buildings already on
the site and will be using these as the administrative offices. Additionally, scales and a
scalehouse are planned (approximately 3000 square feet), a paved entrance road
(approximately 1 acre total paved area), with other aggregate-surfaced roads and parking.
Total impervious surfaces on the site will comprise 3.6% of the Phase 2 property.
XH. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Leachate collected in the_landfill _will be stored in an on-site leachate storaee facility and
then trucked to the Lexington wastewater plant. On-site sewage treatment for restroom
facilities will use an approved septic system already installed at the site.
XHI. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
landfill facility is unlikely to spur development in the area, as landfills do not generally
Page 9 of 10
raise property values of surrounding neighborhoods. This facility is needed to provide a
safe disposal site for the municipal solid waste generated within Davidson County.
Construction and demolition waste from new developments will not be accepted at this
landfill site.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Construction will begin as soon as the 404/401 permit and the NC Division of Waste
Management Permit to Construct are issued in order for the facility to open by Fall 2007.
OAZ,t//0, 6
AIN)licant/X_s Signature Date
(Agent's signature is only if an authorization letter from the applicant is provided.)
Page 10 of 10
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REFERENCES
1. OVERALL TOPOGRAPHY PER DAVIDSON COUNTY G.I S
DEPARTMENT DATED 3/21/00. TOPOGRAPHY IN
PHASE 1 AREA PER SPATIAL DATA CONSULTANTS, 't
DATED 7/10/01. \ Q 200, 300
2. WETLANDS SURVEY BY LEXINGTON LAND SURVEYING,
DATED MARCH 28, 2001.
PROPOSED DAVDISON COUNTY G. N. RICHARDSON & ASSOCIATES, INC.
PHASE 2 MSW LANDFILL
WETLAND IMPACT Ena!" rmg and Geofo i?coIzSer?ices?? . fi
14 N. Boylan Ave. ph: 919-828-0577
Raleigh, N.C. 27603 www.gnra.com fax: 919-828-3899
11 SCALE: DRAWN BY: CHECKED BY. DATE: PROJECT NO. FIGURE NO. FILE NAME
AS SHOWN C.T.J. J.A.S. SEPT. 2006 DAVDCO-A 4 DAVDCO-AO299
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APPENDIX A
SITE PHOTOGRAPHS
Davidson County Landfill - Phase 2
Site Photos
Headwater wetland impact area - looking southeast.
Wetland at edge of impact area - looking northwest.
APPENDIX B
REGULATORY CORRESPONDENCE
EcoVstem
PROGRAM
June 16, 2006
Philip May
HDR Engineering, Inc.
3733 National Drive, Suite 207
Raleigh, NC 27612
Project: Davidson County Phase 2 Landfill County: Davidson
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit . (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin 0.25 0 0 0 0 0 0 0
03040103
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding.between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at (919) 716-1921.
Sincerely, p - (
?d
bama'rn
D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
John Thomas, USACE - Raleigh
Darryl Lamb, DWQ Regional Office - Winston-Salem
File
kutoriktg... f ... Protect our .hate
IME NR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200220986 County: Davidson
Notification of Jurisdictional Determination
Property Authorized
Owner Davidson County Landfill Agent G.N. Richardson & Assoc.
c/o Charles Brushwood c/o Joan A. Smyth
Address 220 Landfill Road Address 425.N. Boylan Avenue
Lexington, NC 27292 Raleigh, NC 27603
Telephone Number_ Telephone Number 919 828-3899
Size and Location of Property (Waterbody, Highway name/number, town, etc.) Davidson County
Landfill property located off of SR 2123, adjacent to Rich Fork Creek, near Lexington, in Davidson
County, North Carolina.
Indicate Which of the Following apply:
0 There are DOA jurisdictions on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
0 Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a 'timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval be the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
The wetlands on your lot have been delineated, and the limits of the Corps jurisdiction
have been explained to you. Unless there is a chan$Ee in the law or our published
reffulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
0 There are no wetlands present on the above described property which are subject to the permit requirements of
section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
0 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal
Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corp of Engineer regulatory program, please contact
John Thomas at 919 876 - 8441 extension 25
Project Manager Signature
Date MU 15, 2002 Expiration Do/e-- May 15, 2007
SURVEY PLAT OR FIE1,11 SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
«a ? y
i
Y
ptw
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
James B. Hunt Jr., Governor Division of Archives and History
Betty Ray McCain, Secretary Jeffrey J. Crow, Director
rNov ?/ E
October 27, 2000 2000
Mr. Philip May, Staff Scientist
G. N. Richardson & Associates, Inc.
425 North Boylan Avenue
Raleigh, NC 27603
Re: Davidson County Proposed Phase 2 Landfill,
Lexington, Davidson County, ER 01-7577
Dear Mr. May:
Thank you for your letter of September 14, 2000, concerning the above project.
Thank you for including the photocopy of a section of the Lexington East USGS
quadrangle with the proposed project area outlined. Outlining the new property line
(although mistakenly labeled on the key) and construction limits facilitated our review.
We also appreciate photographs of the standing structures.
On January 3, 2000, Ms. Dolores Hall responded by letter to your telephone request for
a copy of site form 31DV104. With that letter Ms. Hall sent a copy of our October 3,
1990 comment letter oft the initial landfill archeological survey report by Archeological
Research Consultants, Inc. That survey covered much of the proposed project area.
However, as Ms. Hall explained in her first letter, the project limits indicate no work
will be conducted within the floodplains. If your plans change and work will take place
in the floodplain, a survey of this area we maintain our recommendation for survey of
the floodplains.
The landfill expansion limits include a small amount of upland property. No eligible
archeological sites were discovered during the initial survey. It is unlikely eligible
archeological sites are located here. Based upon the late construction dates of the
house, barn, and trailer, we recommend that no archeological work be conducted in
association with the structures. We recommend no additional archeological work to be
conducted for the landfill as proposed currently.
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N. Blount St., Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919) 7334763 • 733-8653
ARCHAEOLOGY 421 N. Blount St., Raleigh NC 4619 Mail Service Center, Raleigh NC 276994619 (919) 733-7342 • 715-2671
RESTORATION 515 N. Blount St., Raleigh NC 4613 Mail Service Center, Raleigh NC 276994613 (919) 733-6547 • 715-4801
SURVEY & PLANNING 515 N. Blount St., Raleigh NC 4618 Mail Service Center, Raleigh NC 27699-4618 (919) 733-6545 • 715-4801
.
Page 2 of 2
Phillip May, Staff Scientist
October 27, 2000
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations for
Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning
the above comment, contact Renee Gledhill-Earley, Environmental Review
Coordinator, at 919/733-4763.
Sincerely,
David Brook
Deputy State Historic Preservation Officer
DB:kgc
APPENDIX C
AGENT AUTHORIZATION LETTER
DAVIDSON COUNTY
INTEGRATED SOLID WASTE MANAGEMENT
1242 OLD US HWY 29/70
TEL# 336-242-2284 THOMASVILLE N.C. 27360 FAX# 336-249-7524
September 13, 2006
NC Division of Water Quality
To Whom It May Concern,
This letter authorizes Carolina Ecosystems, Inc. to act as authorized agent on the behalf
of Davidson County Integrated Solid Waste during the Clean Water Act, Section 404/401
permitting of the Davidson County Phase II Landfill located at 1242 Old Highway 29,
Lexington NC.
Sincerely,
Charles Brushwood
Solid Waste Director
Davidson County Integrated Solid Waste
1242 Old Highway 29
Thomasville, NC 27360
a? L
CAROLINA
ECOSYSTEMS, INC.
September 29, 2006
Mr. John Thomas
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of Neuse Road
Suite 120
Raleigh, North Carolina 27615
RE: Nationwide Permit 39 Pre-Construction Notification
Davidson County Phase 2 Landfill
Lexington, North Carolina
Dear Mr. Thomas;
8208 Brian Ct.; Garner, NC 27529
P:919-606-1065 - F:919-341-4474
2 n n n i 5 7 7
p@gOWR 0
OCT 2 2006
DENR - WATER QUALITY
1'1rETL1WOSAND STORMWATER BRANCH
Davidson County Integrated Solid Waste Management is proposing to construct Phase 2 of their
municipal solid waste (MSW) landfill on a new site adjacent to their existing landfill facility in
Lexington, North Carolina. In support of this activity, Carolina Ecosystems, Inc. and G. N.
Richardson and Associates Inc. have prepared this Nationwide 39 Pre-Construction Notification
(PCN) for the project. Included in this submittal are the PCN form, vicinity and site maps,
engineering plans and details, site photographs, and an agent authorization letter. Additional
information supplementing the PCN form is included in this cover letter.
Project Background
Davidson County has owned and operated solid waste facilities since 1975. This includes old
closed unlined landfills (Holly Grove Landfill) and, more recently, a Subtitle D lined MSW
landfill (Phase 1) and a construction and demolition (C&D) landfill. The Davidson County
landfill property lies just east of Lexington, North Carolina. The Phase 1 landfill has been
operating since 1993, and is projected to reach its capacity in the fall of 2007. The Phase 2
property was purchased by the County in 1985 in anticipation of needing future landfill space.
Additional properties that comprise the entire facility were acquired since that time. The Phase 1
and 2 landfill areas are divided by a CSX rail line and there are no existing or planned
connections of utilities or roads between the two phases. Davidson County renovated an existing
structure for use as Phase 2 office space in 2004. For these reasons, as explained in an on-site
pre-application meeting on October 27, 2004, Andrea Wade of your office determined that the
projects are independent and therefore a Nationwide Permit 39 is appropriate for the project.
Davidson County began preliminary environmental and geotechnical investigations at the Phase
2 site in the early 1990's. A NC Department of Environment and Natural Resources (NCDENR)
Solid Waste Site Suitability Study was submitted for the proposed landfill site in February 2002.
This study has since been amended and resubmitted. Due to geologic conditions on the site, the
first cell (5-year capacity area) that will be approved for use is Area 1, in the middle of the site.
Further geologic investigation will be required on the future disposal areas.
Mr. John Thomas
September 29, 2006
Project Purpose and Alternatives
Page 2 of 4
The overall purpose of this project is to continue to provide the citizens of Davidson County with
safe and cost-effective waste disposal for the immediate and long-term future. The Phase 2
property will supply up to 40 years of landfill capacity for the County. The existing Phase 1 area
is nearing capacity, with no additional room for expansion. A full alternatives evaluation for the
project was performed to comply with NCDENR Solid Waste regulations. In addition to an
analysis of using private waste disposal sites and transporting waste to off-site facilities, a full
GIS-based evaluation of sites that meet Solid Waste criteria within the County was performed.
This analysis resulted in the Phase 2 site being in the top 5 most suitable properties and the only
one currently owned by the County. Additional documentation regarding this analysis is
available upon request.
Site Description
The Phase 2 site is located along a ridge line that runs generally from southwest to northeast and
parallels Rich Fork. The site is bounded on the south by the CSX rail line, the west and
northwest by Rich Fork, the north by Old US 29, and the east by a power line easement and
private properties. The proposed landfill area (Figure 2) is designed to avoid several site
constraints including the Rich Fork flood plain, an intermittent stream and headwater wetland to
the east, and a large beaver and railroad impounded wetland to the south.
There are approximately 11.75 acres of wetlands within the Phase 2 property. These include:
? A large flood plain wetland along Rich Fork, northwest of the landfill;
? A headwater wetland proposed for impact by Area 1 construction;
? A large beaver and railroad impounded wetland south of the landfill;
? A headwater stream and wetland to the east of the landfill; and
? A small headwater wetland impounded by an old roadbed in Area 4.
The proposed site plan includes unavoidable impacts to a headwater wetland, included in this
application, and proposes future impacts to the roadbed impounded wetland in approximately 30
to 40 years. Due to the uncertainty involved in projecting long-term impacts and landfill
capacity, the future impacts to this area are not included in this application.
Avoidance and Minimization
Due to the avoidance of the significant environmental features described above, the overall shape
of the proposed landfill area is constricted on the northwest and south sides. The 0.25 acre of
headwater wetland impacts proposed in this permit application are necessary to avoid these other
features. This impact would consist of some fill for the outer berm and access road for the
landfill, and clearing for a sediment basin to control runoff from the construction area. The
reduction in volume through avoidance of this area would reduce landfill capacity in Areas 1, 2,
and 3 (Figure 3). This would affect the long-term lifespan of the landfill as well as the initial
capacity. In addition, the access road around the landfill would require an extremely tight corner
at the wetland area. The current design of this corner, which minimized impacts to Wetland Site
2, allows for only a 5-mile per hour speed. Since the borrow material needed for construction of
. p L
Mr. John Thomas Page 3 of 4
September 29, 2006
the landfill and daily cover of the waste mass will be excavated from Areas 2 and 3, the access
perimeter road will be used for disposal traffic and separated from the construction and operation
traffic in these areas. This necessitates the filling of the small headwater wetland area as shown
(Figure 4).
Mitigation
Compensatory mitigation for the 0.25 acre of wetland impacts is proposed through the use of in-
lieu fee payment to the NC Ecosystem Enhancement Program (EEP). An in-lieu fee request was
submitted to the EEP, and confirmation that this mitigation is acceptable is included in this
application.
On-site mitigation is not proposed due to the lack of available restoration sites and the small area
of impact. Potential wetland mitigation areas are limited to the extensive flood plain on the site,
but would involve a significant amount of deforestation in the flood plain. The cost, plus the
limited function provided by a small flood plain wetland, are not practical mitigation alternatives
for this impact. The only other alternative for on-site mitigation is an old borrow area on the
southern side of the railroad tracks. This borrow area is located in an upland, and would be
considered creation rather than restoration. A significant amount of fill would still need to be
removed to obtain proper elevations and the hydrology of the site would have to rely on
overbank flow from Jimmys Creek. This stream is influenced by the release regime of an
upstream quarry and is very flashy and difficult to predict. This uncertain hydrologic regime
eliminated this area as a potential wetland mitigation site.
Protected Species
A full site suitability analysis has been performed under the NCDENR Solid Waste regulations.
This included an evaluation of potential habitat for threatened or endangered species under the
Endangered Species Act. The listed species for Davidson County are shown in Table 1. No
individuals of these species were observed during extensive site investigations by qualified
biologists.
Table 1
Federally Protected Species in Davidson Count NC
Common Name
Scientific Name Federal
Status Biological
Conclusion
Bo turtle Clemm s muhlenber 'i T - S/A No effect
Bald eagle Haliaeetus leucoce halus T No effect
Schweinitz's sunflower Helianthus schweinitzii E No effect
Georgia aster S m hiotrichum eor anium C No effect
No potential habitat exists for these listed species within the disturbance limits of the landfill. A
power line right-of-way is present on the eastern side of the site, which could provide habitat for
Schweinitz's sunflower and Georgia aster. However there will be no construction activity within
these areas.
A--3 - ti
Mr. John Thomas Page 4 of 4
September 29, 2006
Historical and Archaeological Resources
State regulations require that a new MSW landfill not damage or destroy an archaeological site
or historical property. The North Carolina Department of Cultural Resources (DCR) was
contacted in order to determine archaeological and historical significance of the property. A
previous study indicated that no archaeological or historical sites would be impacted by the
project; however, the proposed landfill footprint has changed since that time. A new review of
the site was deemed necessary based on these changes. The new review from DCR (October 27,
2000) indicates that the revised landfill footprint will not require additional archaeological study
(Appendix B).
Stormwater Management
Stormwater generated on the landfill property will be controlled on-site per current State
regulations. During the construction and operation of each landfill cell, stormwater will be
routed to sediment basins shown on Figure 4. These basins will be sized to handle the 24-hour
25 year storm event. Stormwater falling in areas of the landfill accepting waste (but not closed
out) will be routed to an on-site leachate storage tank and then transported to a wastewater
treatment plant. Upon closure of the landfill, stormwater will again be routed to the sediment
basins, which will be converted into dry detention basins. The cap and basins will be monitored
semiannually and maintenance performed for at least 30 years after closure. The development of
the landfill will add minimal impervious surface to the property, primarily from the scalehouse,
access road, and leachate storage tanks. The closed landfill, although capped, will allow for
some stormwater treatment. The cap would consist of at least 1 foot of vegetated cover soils,
followed by a drainage layer including filter fabric. Infiltration through the vegetated cap and
filter fabric would provide some treatment and retention of stormwater prior to entering the dry
detention ponds.
The preceding information, along with the enclosed Pre-Construction Notification and associated
materials, is submitted for your review for this project. Seven copies of this package have been
provided to the North Carolina Division of Water Quality 401 Wetlands Unit for their review,
along with an application fee of $200.00. We appreciate your time in reviewing the
documentation of this important public service project for the citizens of Davidson County.
Please contact me at your earliest convenience if you have any questions or require any
additional information.
Sincerely,
Carolina Ecosystems, Inc.
Philip y
Senior Environmental Scientist
Cc: Cyndi Karoly, Supervisor, NCDWQ Wetlands 401 Unit (seven copies)
Charles Brushwood, Solid Waste Director, Davidson County
Joan Smyth, Senior Hydrogeologist, G. N. Richardson & Associates, Inc.
i
a
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 2 0 0 0 1 5 7 7
(If anv particular item is not applicable to this proiect. please enter "Not Annlicable" or "N/A" _)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
C D
"CDdC
H. Applicant Information UP=
1. Owner/Applicant Information O C T 2 2006
Name: Charles Brushwood. Solid Waste Director DF:NP .1"'e.?R QUALITY
Mailing Address: Davidson County Integrated Solid Waste Manae&RW AND STORMWATER BRANCH
1242 Old Hiehway 29
Thomasville, North Carolina 27360
Telephone Number: (336) 242-2856 Fax Number:_ (336) 242-2172
E-mail Address: ajones(a,co.davidson.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Philip May
Company Affiliation: Carolina Ecosystems. Inc.
Mailing Address: 8208 Brian Court
Garner NC 27529
Telephone Number: (919) 606-1065 Fax Number: (919) 3414474
E-mail Address: phil.may(a,carolinaeco.com
Page 1 of 10
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Davidson County Phase 2 Landfill
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 1634300000006
4. Location
County: Davidson Nearest Town: Lexington
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers/names, landmarks, etc.):From I-85 Exit 96, go west
on US 64, take first right onto Bowers Rd, at stop sign turn L on Holly Grove Rd, turn
R on Turner Rd, at stop sign turn R on Old US 29, Landfill is approx. 0.9 miles on the
R.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35° 5112.73" ON 80° 10' 49.07" °W
6. Property size (acres): 230 Acres
7. Name of nearest receiving body of water: Rich Fork
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Current land use on site is old field, young previously
timbered forest, and active landfill borrow areas. Vicinity land use includes forest,
agriculture, and scattered residential in relatively equal proportion.
Page 2 of 10
I
IV.
V.
10. Describe the overall project in detail, including the type of equipment to be used: The new
Phase 2 landfill will be a municipal solid waste landfill accepting waste from Davidson
County. Cell construction will occur as depicted in the attached site plan, starting with
Area 1. Access to the landfill will be provided along the containment berm in order to
keep waste hauline traffic separate from construction and operation traffic.
Construction within the wetland area will be performed usine an excavator to remove
unsuitable (hydric) soils. Pans and bulldozers will place an impervious clay liner for
the construction of the landfill, followed by a eeotextile membrane. Sediment and
erosion control measures will be placed at the limits of the impact area to prevent
secondary impacts to the adiacent wetlands.
Explain the purpose of the proposed work: The purpose of the landfill is to continue to
provide relatively low cost waste disposal to the citizens of Davidson County as
described in the attached cover letter. The impact to the wetland area is required in
order to avoid an extremely tight (and therefore unsafe) corner in the access road and
provide capacity for 5 years of disposal per State solid waste requirements within the
initial landfill cell (Area 1).
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.- No previous permits have been used on this Phase of the landfill,
which is an independent proiect from the Phase 1 landfill site (as determined by Andrea
Wade). This site will be operated independently of the Phase 1 site, and can continue to
operate without it. There is no road or utility connection from Phase 1 to Phase 2 due to a
railroad ROW separating the two sites. The Phase 2 wetland delineation was approved
under Action ID 200220986 on May 15, 2002. Phase 1 impact information is available upon
request.
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permits are anticipated in the next 20 years, However, there is an additional
wetland area (approx. 0.4 acres) that lies within a future cell. Due to the State requirement
of permitting 5-yr increments, this potential impact is at least 20 years in the future and
may not occur. Projections of landfill capacity and lifespan are not reliable enough over
that amount of time to accurately predict future impacts.
is a NCDOT project,
Page 3 of 10
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: A small forested headwater wetland
area will be cleared and grubbed, excavated, then backfilled with structural fill (clay)
and stone in order to build a perimeter berm and access road to the first cell of the
Phase 2 landfill facility. The current hydric soils will be removed, and structural fill
will then be placed and compacted. Erosion and sediment control measures will occupy
a portion of the impact area to prevent transport of sediment offsite.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
Site 1 Excavation/fdl Forested No 510' 0.25
Total Wetland Impact (acres) 0.25
3. List the total acreage (estimated) of all existing wetlands on the property: 11.75
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Page 4 of 10
1
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial Intermittent? Average
Stream Width
Before Impact Impact
Length
lineaz feet Area of
Impact
acres
n/a n/a n/a n/a n/a n/a n/a
Total Stream Impact (by length and acreage) 0
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
n/a n/a n/a n/a n/a
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resultine from the nroiect:
Stream Imp act acres : 0
Wetland Impact acres : 0.25
Open Water Impact acres : 0
Total Impact to Waters of the U.S. acres 0.25
Total Stream Impact linear feet : 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
n/a
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Page 5 of 10
G
r .
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Current land use in the vicinity of the pond: n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The maiority of the wetlands
on site (approximately 11.5 acres) have been avoided with the proposed design of the
landfill. The lareer wetland systems within the flood plain and adiacent to the railroad on
the south side of the property have been completely avoided. This avoidance has reduced
the potential capacity of the facility from 50 years to 40 years. The impact to the
headwater wetland is unavoidable due to the location of the proposed borrow area and
landfill cell. Borrow activities will occur within Areas 2 and 3 which will interfere with
hauling of waste to Area 1. Therefore access to Area 1 will be provided along the
containment berm of the landfill. Avoidance of the wetland impact area would cause the
access road to have an extremely unsafe curve, or require mixing the local waste hauling
vehicles with construction traffic in Areas 2 and 3 as the next cell is developed. Due to
geologic conditions. Area 1 is the first cell available for waste disposal until further geologic
analysis is approved by the NC Division of Waste Management.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
Page 6 of 10
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwetlands/stnnizid e.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
On-site mitigation is not proposed due to the lack of available restoration sites and the
small area of impact. Potential wetland mitigation areas are limited to the extensive
flood plain on the site, but would involve a significant amount of deforestation in the
flood plain. The cost of this, plus the limited function provided by a small flood plain
wetland, are not practical mitigation alternatives for this impact. The only other
alternative for on-site mitigation is an old borrow area on the southern side of the
tracks. This borrow area is located in an upland, and would be considered creation
rather than restoration. A significant amount of fill (which is unsuitable for landfill
construction) would still need to be removed to obtain proper elevations and the
hydrology of the site would have to rely on overflow of Jimmys Creek. This stream,
influenced by the release regime of a quarry approximately 3000 feet upstream, is very
flashy and difficult to predict. This uncertainty in the site hydrology led to the decision
not to further evaluate this area as mitigation. Due to the lack of practical mitigation
options on the site, NCEEP in lieu fee payment is the proposed mitigation method.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): 0.25
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 7 of 10
s
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify n/a V Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* s umare feet Multiplier Required
1 n/a 3 (2 for Catawba) n/a
2 n/a 1.5 n/a
Total n/a n/a
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. n/a
Page 8 of 10
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Impervious surfaces will be limited to the
administration buildings already present on site, the leachate storage facility, and,
temporarily, any exposed landfill liner. Once waste is placed in a cell, the runoff will be
collected in the leachate collection system and transported to the Lexington wastewater
treatment plant. When the landfill cell has reached its capacity, it will be capped with a
vegetated final cover consisting of 24 inches of soil planted with Brasses underlain by a
drainage geocomposite (geonet drainage core with filter geotextile banded to each surface)
and geomembrane. Rain infiltrating through the vegetated layer will be filtered through
the filter 1!eotextile of the drainage composite and drain off to the stormwater basins.
These dry detention basins will be sized to handle the 25 year/24 hour storm. This
combination of infiltration, filtering, and dry detention adequately control and treat
stormwater on the site in compliance with state standards. It should be noted that
minimization of impervious surfaces on the site has already been performed. The County
expended significant time and money in the rehabilitation of existing buildings already on
the site and will be using these as the administrative offices. Additionally, scales and a
scalehouse are planned (approximately 3000 square feet), a paved entrance road
(approximately 1 acre total paved area), with other aggregate-surfaced roads and parking.
Total impervious surfaces on the site will comprise 3.6% of the Phase 2 property,
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Leachate collected in the landfill will be stored in an on-site leachate storage facility and
then trucked to the Lexington wastewater plant. On-site sewage treatment for restroom
facilities will use an approved septic system already installed at the site.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/newetlands. If no, please provide a short narrative description: The
landfill facility is unlikely to spur development in the area, as landfills do not generally
Page 9 of 10
raise Property values of surrounding neighborhoods. This facility is needed to provide a
safe disposal site for the municipal solid waste generated within Davidson County.
Construction and demolition waste from new developments will not be accepted at this
landfill site.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Construction will begin as soon as the 404/401 permit and the NC Division of Waste
Management Permit to Construct are issued in order for the facility to open by Fall 2007.
01 /C9 6
A,6licant/ Signature Date
(Agent's signature is only if an authorization letter from the applicant is provided.)
,,
1 {
Page 10 of 10
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REFERENCES
1. OVERALL TOPOGRAPHY PER DAVIDSON COUNTY G.I.S.
DEPARTMENT DATED 3/21/00. TOPOGRAPHY IN /- f
PHASE 1 AREA PER SPATIAL DATA CONSULTANTS, 6g
30
DATED 7/10/01.
2. WETLANDS SURVEY BY LEXINGTON LAND SURVEYING, - ?
DATED MARCH 28, 2001. ?
PROPOSED DAVDISON COUNTY G. N. RICHAoSON & ASSOCIATES
INC.
PHASE 2 MSW LANDFILL ,
Engineering and Geological Services
WETLAND IMPACT 14 N. Boylan Ave. ph: 919-828-0577
Raleigh, N.C. 27603 www.gnra.com fax: 919-828-3899
SCALE: DRAWN BY: CHECKED BY: DATE: PROJECT NO. FIGURE NO. FILE NAME
AS SHOWN C.T.J. J.A.S. SEPT. 2006 DAVDCO-A 4 DAVDCO-AO299
VEGETATIVE SOIL LAYER
DRAINAGE GEOCOMPOSITE
30 MIL TEXTURED LLDPE GEOMEMBRANE
INTERMEDIATE
?\ Zo' MIN.
\/\/\i
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OCT 2 2006
WETLM63 AND STOQA ER BRANCH
PROPOSED DAVIDSON COUNTY
PHASE 2 MSW LANDFILL
FINAL COVER CROSS SECTION
SCALE: DRAWN BY. CHECKED BY. DATE
AS SHOWN J.A.M. P.K.S. Sep. 2006
G. N. RICHARDSON & ASSOCIATES INC.
En
i nee r .Me 11 _ g rmg and Geological services
14 N Boylan Ave. :. - - _, 1 ph: 919-828-0577
Raleigh, N.C. 27603 www.gnra.com fax: 919-828-3899
DAVDCO-A 1 6 1 DAVOCO-AO309
FINAL COVER SYSTEM
APPENDIX A
SITE PHOTOGRAPHS
Davidson County Landfill - Phase 2
Headwater wetland impact area - looking southeast.
C'
Site Photos
Wetland at edge of impact area - looking northwest.
APPENDIX B
REGULATORY CORRESPONDENCE
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PROGRAM
June 16, 2006
Philip May
HDR Engineering, Inc.
3733 National Drive, Suite 207
Raleigh, NC 27612
Project: Davidson County Phase 2 Landfill County: Davidson
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Ri arian Coastal Marsh Cold Cool Warm
Yadkin 0.25 0 0 0 0 0 0 0
03040103
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding.between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mank off at (919) 716-1921.
Sincerely, p . C`?"?E71? j
ba'm D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
John Thomas, USACE - Raleigh
Darryl Lamb, DWQ Regional Office - Winston-Salem
File
PYDtext&?g 0" St&&
AWA
RUMOR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200220986 County: Davidson
Notification of Jurisdictional Determination
Property Authorized
Owner Davidson County Landfill Agent G.N. Richardson & Assoc.
c/o Charles Brushwood c/o Joan A. Smyth
Address 220 Landfill Road Address 425.N. Boylan Avenue
Lexington, NC 27292 Raleigh, NC 27603
Telephone Number_ Telephone Number 919 828-3899
Size and Location of Property (Waterbody, Highway name/number, town, etc.) Davidson County
Landfill property located off of SR 2123, adjacent to Rich Fork Creek, near Lexington, in Davidson
County, North Carolina.
Indicate Which of the Following apply:
0 There are DOA jurisdictions on the above described property which we strongly suggest should be delineated and
surveyed: The surveyed lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
0 Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a 'timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval be the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
The wetlands on your lot have been delineated, and the limits of the Corps iurisdiction
have been explained to you. Unless there is a change in the law or our published
reffulations, this determination may be relied upon for _a_ period not to exceed five years
from the date of this notification.
0 There are no wetlands present on the above described property which are subject to the permit requirements of
section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
0 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal
Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corp of Engineer regulatory program, please contact
John Thomas at 919 876 - 8441 extension 25
Project Manager Signature -
Date MU 15, 2002 Expiration D,-$e May 15, 2007
SURVEY PLAT OR FIEL SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
Y w' `s
dpa STATE o .. .
y
maw„os`
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
James B. Hunt Jr., Governor Division of Archives and History
Betty Ray McCain, Secretary Jeffrey J. Crow, Director
October 27, 2000
Mr. Philip May, Staff Scientist
G. N. Richardson & Associates, Inc.
425 North Boylan Avenue
Raleigh, NC 27603
T F 1E0
NOV - 3 2 0 00
Re: Davidson County Proposed Phase 2 Landfill,
Lexington, Davidson County, ER 01-7577
Dear Mr. May:
Thank you for your letter of September 14, 2000, concerning the above project.
Thank you for including the photocopy of a section of the Lexington East USGS
quadrangle with the proposed project area outlined. Outlining the new property line
(although mistakenly labeled on the key) and construction limits facilitated our review.
We also appreciate photographs of the standing structures.
On January 3, 2000, Ms. Dolores Hall responded by letter to your telephone request for
a copy of site form 31DV104. With that letter Ms. Hall sent a copy of our October 3,
1990 comment letter oft the initial landfill archeological survey report by Archeological
Research Consultants, Inc. That survey covered much of the proposed project area.
However, as Ms. Hall explained in her first letter, the project limits indicate no work
will be conducted within the floodplains. If your plans change and work will take place
in the floodplain, a survey of this area we maintain our recommendation for survey of
the floodplains.
The landfill expansion limits include a small amount of upland property. No eligible
archeological sites were discovered during the initial survey. It is unlikely eligible
archeological sites are located here. Based upon the late construction dates of the
house, barn, and trailer, we recommend that no archeological work be conducted in
association with the structures. We recommend no additional archeological work to be
conducted for the landfill as proposed currently.
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N. Blount St., Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919) 733-4763 • 733-8653
ARC19AEOLOGY 421 N. Blount St., Raleigh NC 4619 Mail Service Center, Raleigh NC 27699-4619 (919) 733-7342 • 715-2671
RESTORATION 515 N. Blount St., Raleigh NC 4613 Mail Service Center, Raleigh NC 27699-4613 (919) 733-6547 • 715-4801
SURVEY & PLANNING 515 N. Blount St., Raleigh NC 4618 Mail Service Center, Raleigh NC 27699-4618 (919) 733-6545 • 715-4801
Page 2 of 2
Phillip May, Staff Scientist
October 27, 2000
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations for
Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning
the above comment, contact Renee Gledhill-Earley, Environmental Review
Coordinator, at 919/733-4763.
Sincerely,
David Brook
Deputy State Historic Preservation Officer
DB:kgc
APPENDIX C
AGENT AUTHORIZATION LETTER
DAVIDSON COUNTY
INTEGRATED SOLID WASTE MANAGEMENT
1242 OLD US HWY 29/70
TEL# 336-242-2284 THOMASVILLE N.C. 27360 FAX# 336-249-7524
September 13, 2006
NC Division of Water Quality
To Whom It May Concern,
This letter authorizes Carolina Ecosystems, Inc. to act as authorized agent on the behalf
of Davidson County Integrated Solid Waste during the Clean Water Act, Section 404/401
permitting of the Davidson County Phase II Landfill located at 1242 Old Highway 29,
Lexington NC.
Sincerely,
Charles Brushwood
Solid Waste Director
Davidson County Integrated Solid Waste
1242 Old Highway 29
Thomasville, NC 27360