20190027 Ver 1_PCN Form Submission_20190103

DWR
IDIOM n of Water Resources
1a. Name of project:
Marbery Landfill Remedial Action Plan
1a. Who is the Primary Contact?*
Robert Hopper
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1/3/2019
Nearest Body of Water
Panther Creek
Basin
Neuse
Water Classification
WS-IV;NSW
Site Coordinates
Latitude: Longitude:
36.014551 -78.829263
FA. Processing Information U
County (or Counties) where the project is located:
Durham
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
F- Regional General Permit (RGP)
F Standard (IP)
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
tial Review
Has this project met the requirements for acceptance
in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned *
Version#*
20190027
1
Is a payment required for this project?*
* No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office*
Select Project Reviewer*
Central Office - [phone]
Paul Wojoski:EADS\pawnjoski
Information for Initial Review
1a. Name of project:
Marbery Landfill Remedial Action Plan
1a. Who is the Primary Contact?*
Robert Hopper
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1/3/2019
Nearest Body of Water
Panther Creek
Basin
Neuse
Water Classification
WS-IV;NSW
Site Coordinates
Latitude: Longitude:
36.014551 -78.829263
FA. Processing Information U
County (or Counties) where the project is located:
Durham
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
F- Regional General Permit (RGP)
F Standard (IP)

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
38 - Hazmat Clean -Up
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - Express
W Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
O Yes r No
B. Applicant Information
1d. Who is applying for the permit?
F_ Owner W Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
ARGUETA JOSE M CASTILLO
2b. Deed book and page no.:
7868 / 202 (3131 Cheek Rd and 3131 Cheek Rd)
2c. Responsible party:
2d. Address
Street Address
616 LAKEVIEW DR
Address Line 2
CKY
RALEIGH, NC
Postal / Zip Code
27603
2e. Telephone Number:
[phone]
2g. Email Address:*
David. [e-mail]
3. Applicant Information (if different from owner)
3a. Name:
David [e-mail]
State / Ffovinoe / Pagion
NC
Ceuntry
US
2f. Fax Number:
r Yes r No
r Yes r No

3b. Business Name:
NC DEQ Pre -Regulatory Landfill Unit
3c. Address
Street Address
217 West Jones Street
Address Line 2
aty
Raleigh
Postal / Zip Code
27603
3d. Telephone Number:
[phone]
3f. Email Address:*
David. [e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Durham
2. Project Identification
2a. Property Identification Number:
0852-03-03-6806,0852-03-04-3215
2c. Project Address
Street Address
1223 BENBOW RD and 3131 CHEEK RD
Address Line 2
cfty
Durham
Postal / Zip Code
27603
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Panther Creek
3b. Water Resources Classification of nearest receiving water:*
WS-IV;NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12 -digit HUC in which the project is located.
030202010500
4. Project Description and History
State / Rnmince / Region
NC
Country
US
3e. Fax Number:
2b. Property size:
17.75 (12.43+5.32)
State / Rnmince / Region
NC
Courdry
US
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The existing site consists of Mixed Deciduous -Coniferous Forest Land (44) around the periphery and Herbaceous Cover (31) in the center. A very small Inland Water Body (52) is
adjacent to the project to the north. The land uses at the site are rural residential. The site is surrounded by forest and rural residential land use types. Beneath the surface of the site
is a closed landfill with varying depths of cover soil over the municipal waste.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Fig USGS Topo Map NC_ Northeast _ Durham_ 20160628_TM_geo.pdf 7.16MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Fig _ Durham County Soils Map.pdf 28.84MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.43 ac
4g. List the total estimated linear feet of all existing streams on the property:

1573 If (Panther Creek and Unnamed Tributary)
4h. Explain the purpose of the proposed project:*
The project will consolidate buried waste and provide a protective geotextile warning layer and a complete vegetated soil cover on top of the existing landfill to contain the existing waste
and prevent disruption of the landfill in the future. Near -surface waste will be collected and buried beneath the cover layers.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Heavy earth moving equipment including excavators and bulldozers will be utilized to gather excess cover soil, consolidate buried waste, place a minimum thickness layer of soil on top
of the waste, place a geotextile warning cover layer, and place a minimum thickness layer of soil on top of the cover. The surface will be stabilized with native vegetation and pasture
grasses. Temporary erosion control measures and permanent stormwater controls (vegetation) will be implemented to keep soils from being transported offsite.
4j. Please upload project drawings for the proposed project.
Draft Marbery RAP Drawings _ 10-25-18.pdf 3.51 MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?*
r Yes r No f Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown f WA
Corps AID Number:
SAW -2015-01169
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Rob Hopper
Agency/Consultant Company: CDM Smith
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Notification of Approved Jurisdictional Determination issued July 2, 2018.
5d1. Jurisdictional determination upload
18-07-02_AJD_Fuller_Div Waste Mgmt_Marbery Closed Landfill Site.pdf 125.04KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries
F Open Waters r Pond Construction
2. Wetland Impacts
W Buffers
!a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. 7� 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact
Jurisdicition * M area*
N1 771Waste Removal T NON-NCWAM TYPES W1 No Both 0.010
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.010 0.000
2g. Total Wetland Impact
0.010
2h. Comments:
Wetland area abutting very small farm pond will be excavated to remove waste beneath surface and then restored to existing topography and
vegetation.
3. Stream Impacts
U

3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 180
3i. Total stream and ditch impacts:
180
3j. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
aleck all that apply.
V Neuse r Tar -Pamlico
F Catawba r Randleman
r Goose Creek )— Jordan Lake
r Other
6b. Impact Type
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name *
3e. Stream Type *
3f. Type of
3g. S. width *
3h. Impact
❑
6,318
3,204
Revegetation
(?)
Jurisdiction*
length*
S1
Waste removal from stream
Tem ora
P rY
Excavation
Panther Creek
Perennial
Corps9
144
banks
Clearing, Excavation/Grading, and Native
Panther Creek
No
Average (feet)
(linear feet)
g2
Temporary access road
Temporary
Workpad/Causeway
UT to Panther Creek
Intermittent
Corps
2
36
crossing.
5,502
layer, soil and non -woody vegetation
]N.
Average (feet)
(lin�rfe�)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 180
3i. Total stream and ditch impacts:
180
3j. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
aleck all that apply.
V Neuse r Tar -Pamlico
F Catawba r Randleman
r Goose Creek )— Jordan Lake
r Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Clearing, Excavation/Grading, and Native
T
Panther Creek
No
6,318
3,204
Revegetation
Clearing and Waste Covering with warning
P
Panther Creek
No
148
1,988
layer, soil and non -woody vegetation
Clearing, Excavation/Grading, and Native
Panther Creek
No
38,631
21,536
Revegetation
�TtoLfT
Clearing and Waste Covering with warning
PIn
to Panther Creek
1,326
5,502
layer, soil and non -woody vegetation
]N.
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 44,949.00 24,740.00
Zone 1
Zone 2
Total Permanent impacts: 1,474.00
7,490.00
Zone 1
Zone 2
Total combined buffer impacts: 46,423.00
32,230.00
6i. Comments:
Clearing, excavation/grading, and revegetation Will occur for all areas in the limits of disturbance within the riparian buffers. Within the landfill Final
Cover area as shown on plan Final Grading Plan, sheet C-3, a warning layer will be placed and covered with soil and planted with non -woody
vegetation. Following construction, the cover area will be maintained semiannually to remove woody vegetation to protect the waste cover. Outside of
the final cover area limits, native forested vegetation will be restored.
Supporting Documentation
404lmpactsC003GPPL Layoutl (1-3-19).pdf 427.29KB
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
v

Since landfill waste is present in the existing vertical and near -vertical bank of Panther Creek, grading adjacent to the stream is required to remove the
waste. Finished slopes will be no steeper than 3H:1 V, and grade breaks will be constructed where slopes exceed 20 feet in height. Following
installation of the landfill soil cover system, the slopes and benches will be stabilized to control erosion using erosion control matting, grasses, and
native riparian vegetation.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
During construction, temporary erosion and sedimentation control measures in upland areas will include silt fencing, earthen stormwater diversion
ditches with rock check dams, slope drains, and temporary sediment traps. Construction
along the unnamed tributary stream banks will be conducted only as needed to remove waste, and a channel pump around will be used to divert the
stream flowaround the construction zone. Permanent stabilization of disturbed areas will be performed within 7 calendar days of start of work in a
given area along the streams.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Impacts are only temporary and below maximum limits for MNP.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
F Level Spreader
F Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
r Other SCM that removes minimum 30% nitrogen
R Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
Project is not adding any built -upon area, but is installing a landfill cover layer including a permeable geotextile warning layer and vegetated soil layer. Sheet flowwill be restored over
the entire landfill post -construction and no increase in concentration of runoff is expected. Therefore, no measures are included to address diffuse flowthrough the buffer.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)? *
r Yes r No
Comments:*
Project is part of State's Inactive Landfill Remediation Program.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 21-1.1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
r^ Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.

Project will only stabilize and protect an ebsting inactive landfill. This will not result in any additional development in the area.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r- No r N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
f Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r- No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
f- Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPaC Information for Planning and Consultation
https://ecos.fA,s.gov/ipac/project/listLogin and
Natural Heritage Program Website
https://wm.nGnhp.org/data/species-Gommunity-searGh
A site species survey was conducted for two T&E plant species with potentially suitable habitat on site and none were found to be present on site.
Consultation Documentation Upload
Marbery LDFL - FWS Letter CDMSmith Orig.pdf 8.29MB
FWS Email Responses (2 of 2) Marbery 20181217.pdf 74.19KB
Marbery LDFL Revised SpeciesConclusionTable REV20181215.pdf 149.4KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Natural Heritage Program Website
https://vwm.ncnhp.org/data/species-community-search
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC (State) Historic Preservation Office:
http://www.hpo.ncdcr.gov/er.htm
7c. Historic or Prehistoric Information Upload
ER 18-1669 - SHPO Letter.pdf 99.11 KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r- No
8b. If yes, explain how project meets FEMA requirements:
Project will only excavate along boundary of 100 -year floodplain, will not add fill in any floodplain area, and will not build any structures in 100 -yr
floodplain area. A Floodplain Development Permit will be obtained from the local floodplain adminastrator.

8c. What source(s) did you use to make the floodplain determination?*
NC FRIS: FIRM Panel 3720085200J
NC Flood Hazard Area GIS: NCFlood Effective Durham SHP
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Signature
W By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
. I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Robert Hopper
Signature
Sign
Date
1/3/2019
u