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HomeMy WebLinkAbout20041886 Ver 1_Complete File_20041123o?oF w A rF9QG co o -c ;`Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director . Division of Wa:er Quality September 22, 2005 DWQ Project # 041886 New Hanover County Mr. Ray Church, Director New Hanover County Environmental Management 3002 US Highway North Wilmington, NC 28401 Subject Property: New Hanover County Landfill Expansion APPROVAL of Isolated Wetlands Permit Dear Mr. Church: You have our approval, in accordance with the attached conditions, to place permanent fill in 0.78 acres of isolated wetlands in order to construct the expansion of the New Hanover County Landfill in New Hanover County, as described within your application dated and received by the Division of Water Quality on November 23, 2004, and additional requested information received on February 2, 2005 and August 2, 2005. After reviewing your application, we have determined that this fill is covered by the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also, this Permit will expire upon the expiration date of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water Quality. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Permit and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached Permit and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Isolated Wetlands 0.78 (acres) Wetland Area A & B North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicet-877-623-6748 One Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: h2o.enr.state.nc.us NorthCaro/l/ina An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper orthCarofin New Hanover County Environmental Maragement Pave 3 of 3 September 22, 2005 and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://l12o.enr.state.nc.us/sulForms Doctunents.htnt. Violations of any condition herein set forth may result in revocation of this Permit and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Permit, shall expire upon expiration of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water Quality. If you do not accept any of the conditions of this Permit (associated with the approved wetland or stream impacts), 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 Permit 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 the Isolated Wetlands Rules as described within 15 NCAC 2H, Section 0.1300. If you have any questions, please telephone Noelle Lutheran in the DWQ Wilmington Regional Office at 910-796-7405 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. Sincelcqy, j Alan W. Klimek, P.E., Director Division of Water Quality Enclosures: IWGP100000 Certificate of Completion cc: Eric Galamb, H.W. Lochner, Inc. (2840 Plaza Place, Suite 202, Raleigh, NC 27612) Noelle Lutheran, DWQ Wilmington Regional Office (File Copy) Carol Miller, DLR Wilmington Regional Office File Copy Central Files Filename: 041886.sep This General Permit is issued in conformity with the requirements of North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section. 1300 for the discharge of fill material to isolated wetlands and isolated waters of the State of North Carolina. This Permit may be rescinded when deemed appropriate by the Director of DWQ after appropriate public notice. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Permit: 1. Totaling Impacts and Application Requirements: A. Application Thresholds - Impacts to isolated, classified streams, wetlands and water that exceed any of the thresholds below require a complete application and written concurrence which may include site-specific conditions in order to use this Permit. These thresholds apply for the entire project regardless of the number of Nationwide or Individual Permits (if any) applicable to the project that are issued by the US Army Corps of Engineers for the project: 1. Impacts to isolated streams of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or 2. Impacts to isolated lakes and ponds of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or 3. Impacts to isolated wetlands of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require written notification to and approval by the Division of Water Quality; 4. Proposed fill or substantial modification of any amount of isolated wetlands classified in accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; B. Activities which are Deemed Permitted: Impacts to less than i) 150 linear feet of isolated stream, ii) 1/3 acre of isolated surface waters, iii) 1/3 acre of isolated wetlands east of Interstate-95 or iv) 1/10 acre of isolated wetland west of Interstate- 95 are deemed permitted in accordance with 15A NCAC 2H .1305 (b) and do not require application to or written approval from DWQ as long as all the conditions of 15A NCAC 2H .1305 (b) are followed; C. Totaling and Reporting of Impacts: 1. Isolated Streams - Impacts to isolated streams as determined by the Division of Water Quality shall be measured as the length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used (if any). Stream relocations and streambed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not count towards mitigation requirements as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or 2 water supply watersheds except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; II. On-Site Stormwater Management: A. Additional site-specific stormwater management requirements may be added to this Permit at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent for either the entire site or portions of the site that exceed 30% imperviousness. Site-specific stormwater management shall be designed to remove at least 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Other stormwater management requirements (such as [but not limited to] providing diffuse flow through protected buffers) may also be added on a case-by-case basis. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in addition to that required in this General Permit. Alternative designs may be requested by the applicant and will be reviewed on a case-by-case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. 1. Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Permit occur. 2. The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. 3. Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. 4. All structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. 5. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 4 upstream and down stream of the above structures. The applicant is required to provide written evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; IV. Sedimentation and Erosion Control: A. All erosion and sediment control practices (for land uses that include construction/development, mining, agricultural and forestry practices) must be in full compliance with all specifications governing the proper design, installation, operation and maintenance of such Best Management Practices (BMPs). 1. For construction/development and land disturbance activities, erosion and sediment control measures and maintenance must be installed and equal or exceed the proper design, installation, operation and maintenance outlined in the most recent version of the "North Carolina Sediment And Erosion Control Planning and Design Manual". If land disturbance amounts are below the thresholds where a Division of Land Resource (DLR) or a DLR delegated program require a Erosion and Sedimentation Control Plan, then measures and control practices must be installed such that sedimentation to waters is prevented. 2. For mining activities, erosion and sediment control measures and maintenance must be installed and equal or exceed the proper design, installation, operation and maintenance outlined in the most recent version of the "North Carolina Surface Mining Manual". 3. For projects located on agricultural sites, Best Management measures must be installed and equal or exceed the proper design, installation, operations and maintenance outlined in Section 4 of the Natural Resources Conservation Services (NRCS) Technical Guide. If erosion and sediment control measures are not specifically addressed by NRCS Technical Guide for an activity being conducted, then sediment control measures, control practices, and maintenance must be installed and implemented such that sedimentation to waters is prevented. 4. For project located on forestry sites, Best Management Practices must be installed that equal or exceed the proper design, installation, operation and maintenance as outlined in the most recent version of the "Best Management Practice Manual" developed by the North Carolina Division of Forest Management. If the Best Management Practices, developed by the Division of Forest Resources, do not specifically address the activity being conducted, then measures, control practices, and maintenance must be installed and implemented such that sedimentation to waters is prevented. B. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources or DLR delegated program has released the project; V. Compliance with Water Quality Standards: A. Additional site-specific conditions may be added to projects proposed under this Permit in order to ensure compliance with all applicable water quality and effluent standards; B. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; C. If this Permit is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General or 6- J. The issuance of this Permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other governments agencies (local, state, and federal) which have jurisdiction. If any of those permits results in revisions to the plans, a permit modification must be submitted. K. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspections and compliance review. L. The permittee shall notify the Division of Water Quality of any mailing address changes within 30 days. 401 permits Subject: 401 permits From: Patricia Collins <Patricia.Collins@ncmail.net> Date: Fri, 23 Sep 2005 11:30:47 -0400 To: Ian McMillan <Ian.McMillan@ncmail.net>, Cyndi Karoly <Cyndi.Karoly@NCMail.Net> The following 401 permit has been issued: New Hanover County Landfill DWQ#: 2004 1886, New Hanover County Patricia Collins Administrative Assistant N.C. Department of Environment and Natural Resources Division of Water Quality - Surface Water Protection Section Wilmington, North Carolina Phone: 910-796-7217 Fax: 910-350-2004 1 of 1 9/23/2005 1:11 PM Triage Check Dist 8/3/05 Date: Project Name: New Hanover County Landfill Exp. Site DWQ#: 04-1886 County: New Hanover To: Noelle Lutheran, Wilmington Regional Office 60-Day processing time: 8/2/05 to 1011105 From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to your 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 (Neuse, 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! LOCHNER H.W. LOCHNER, INC., 2840 Plaza Place, Suite 202, Raleigh, North Carolina 27612 Phone: (919) 571-7111 Fax: (919) 571-0454 www.hwlochner.ccm August 1, 2005 North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Reference: 401 Water Quality Certification/Isolated Wetlan c?rr iii gnu C, i? New Hanover County Landfill Expansion Site New Hanover County, North Carolina AUG 2 ` 200,? Lochner Project No. 1904 DWQ Project No. 04-1886 ??t ft ???,r?R QUA! r,tTts??? sTC ,. Dear Ms. Lutheran: H.W. Lochner, Inc. (Lochner) wishes to submit on behalf of our client, New Hanover County, responses to the Division of Water Quality's (DWQ) March 17, 2005 correspondence. Each response item below has been provided a number that corresponds to the paragraph number in the DWQ letter noted above. 1) The agency expressed that avoidance and minimization efforts must be demonstrated. As a component of that evaluation the agency required that an engineered site plan that accurately depicts the proposed future locations of the disposal units be provided. This additional engineering effort resulted in a delay in responding to your additional information letter noted above. The result of that effort is the preliminary site plan depicting the future location of the landfill disposal expansion on the south property (that includes the two isolated wetlands) and its connection to the existing disposal units. That plan is enclosed for your information. The County had not intended to pursue this level of planning until it was determined that the small isolated wetlands would not be a "deal breaker" for utilizing the property for the purpose for which it was purchased. Since the size of the individual wetlands was very small (0.37 and 0.41 acres based on the registered surveyor's map) it was felt that this would not be the complicated issue that it has become. The two isolated wetlands would severely limit the availability of the site to be expanded and incorporated into the existing landfill as shown by their locations depicted on the plan. Trying to find other properties in New Hanover County that meet the long list of criteria required to site a landfill facility would be very expensive to the citizens of the County. It is highly doubtful that such properties could be found. D`'VQ should be aware that the basis of this statement is that locating landfills for New Hanover County has a long history. Prior to 1981 multiple sites had been operated around the county. In the 1970's the County was included as an RPR in litigation with EPA over the old Flemington Landfill. In the late 1970's the only permitted landfill for the county's use was located in the Carolina Beach area. After litigation involving a land lease from the Army Corps of Engineers that facility was closed leaving the County without a permitted landfill. After this facility closed the county permitted a small interim PROVIDING EXCEPTIONAL CLIENT SERVICE SINCE 1944 DWQ Response New Hanover County Landfill Lochner Project 1904 Aueust 1.2005 facility that operated for 14-months. During that time the county utilized a nationally known consultant to assist them in finding an environmentally sound site on which the county could permit a facility. A site was not found that the State of North Carolina would approve as a disposal site using landfilling methods applied at that time. Multiple attempts to have local counties join in a regional approach with the cost of finding, permitting, and constructing a landfill to be borne by New Hanover failed for political reasons. New Hanover County Commissioners decided to address their responsibilities in protecting the health and welfare of the county's residents by constructing a state-of-the-art lined landfill within New Hanover County. This was done and the facility opened in 1981. At that time it was the only lined landfill in the state and was constructed more than 10-years before the rest of the country was directed to follow that standard. Because of the limited locations for future expansions, in 1986 New Hanover County purchased the property south of the existing active landfill for the purpose of expanding the landfill into that area at the appropriate time. This southern property provides the only contiguous acreage available for expansion of the landfill because of the limits of Fishing Creek to the north, the Northeast Cape Fear River's floodplain and wetlands to the east, and US 421 and its frontage property to the west. The southern property is bounded to the south by industrial developed property that serves as the final barrier to any additional expansion of the landfill facility in any direction. The attached plan for the south property is based on setback requirements established under the solid waste regulations of NCDENR. A significant level of work will be required before the site can be submitted to the NCDENR for landfill disposal permitting. The County does not want to proceed with that permitting under the cloud of being denied the authority to include the isolated wetland areas in the planned disposal area. Because of the cost of siting, permitting, developing, and operating landfills, the disposal volume for landfilling purposes is very costly. To demonstrate the value of this waste disposal space, the County is considering relocating the existing maintenance building shown on the plan in addition to developing the area of the two small isolated wetlands. These two steps will help to maximize the landfill volume. In summary, the impact of avoiding the two small isolated wetlands would be severe as shown by reviewing the contoured disposal plan. Additionally, there are no viable avoidance and minimization efforts that will meet the projects purpose and need. 2) The agency requested a copy of the stormwater management plan and calculations that demonstrate that 85% TSS removal will be achieved. The existing landfill on the northern property has been operating under stormwater permits issued specifically for that site. The southern property currently has an erosion control permit for the entire site and a stormwater permit for the conditions of the site without additional impervious area. As we understand the agency's current position, landfills are now considered impervious by the agency. In our professional opinion and experience this is not factual. However, the county's opinion is that it is premature to pursue the engineering to demonstrate the 85% TSS removal for several reasons. First, the current permit for the southern property does not discharge stormwater from the site DWQ Response Lochner Project 1904 New Hanover County Landfill August 1, 2005 but percolates in the ditches and percolation basin. It is the intent that if the landfill is expanded that this same process will be applied and no off-site discharge of stormwater is anticipated. If there is no discharge then obviously there are no suspended solids discharging from the site. Historically, the medium to coarse grains sands located on the properties have allowed for rapid percolation of stormwater events. Second, if the area of the two small wetlands cannot be used, there is a real question of the viability of permitting the site because of the significantly reduced disposal volume. The cost to develop the smaller facility on a unit basis would be skewed dramatically compared to using the site as proposed. Again, it is important that you understand that the County may not construct the landfill if the wetlands cannot be removed. 3) The agency required a delineation map sealed by a registered surveyor. A copy of the wetland delineation that was conducted by and sealed by a registered land surveyor is enclosed for your information as required in your letter. The areas of the two small isolated wetlands are 0.37 and 0.41 acres for a total site value of 0.78 acres. Approval to impact these wetlands will not result in violations of water quality standards. The placement of a liner, collection of leachate, and on-site storm water management will ensure that all water quality standards are met. This correspondence has shown that the wetlands were accurately delineated, they are isolated, that avoidance and minimization efforts have been investigated, and that impacts to these small isolated wetlands will not violate water quality standards. By copy of this correspondence we are requesting that you issue a 401 Water Quality Certification for the proposed isolated wetland impacts. Sincerely, H.W. Lochner, Inc. Z'e?' e5?J'? Eric Galamb, PWS Project Manager cc: Ed Hilton, PE, SCS Engineers, with attachments Ray Church, New Hanover County, with attachments Cyndi Karoly, DWQ Central Office 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 File, with attachments a* LOCHNER H.W. LOCHNER, INC., 2840 Plaza Place, Suite 202, Raleigh, North Carolina 27612 Phone: (919) 571-7111 Fax: (919) 571-0454 www.hwlochner.com August 1, 2005 North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Reference: 401 Water Quality Certification/Isolated Wetland Permit New Hanover County Landfill Expansion Site New Hanover County, North Carolina Lochner Project No. 1904 DWQ Project No. 04-1886 Dear Ms. Lutheran: H.W. Lochner, Inc. (Lochner) wishes to submit on behalf of our client, New Hanover County, responses to the Division of Water Quality's (DWQ) March 17, 2005 correspondence. Each response item below has been provided a number that corresponds to the paragraph number in the DWQ letter noted above. 1) The agency expressed that avoidance and minimization efforts must be demonstrated. As a component of that evaluation the agency required that an engineered site plan that accurately depicts the proposed future locations of the disposal units be provided. This additional engineering effort resulted in a delay in responding to your additional information letter noted above. The result of that effort is the preliminary site plan depicting the future location of the landfill disposal expansion on the south property (that includes the two isolated wetlands) and its connection to the existing disposal units. That plan is enclosed for your information. The County had not intended to pursue this level of planning until it was determined that the small isolated wetlands would not be a "deal breaker" for utilizing the property for the purpose for which it was purchased. Since the size of the individual wetlands was very small (0.37 and 0.41 acres based on the registered surveyor's map) it was felt that this would not be the complicated issue that it has become. The two isolated wetlands would severely limit the availability of the site to be expanded and incorporated into the existing landfill as shown by their locations depicted on the plan. Trying to find other properties in New Hanover County that meet the long list of criteria required to site a landfill facility would be very expensive to the citizens of the County. It is highly doubtful that such properties could be found. DWQ should be aware that the basis of this statement is that locating landfills for New Hanover County has a long history. Prior to 1981 multiple sites had been operated around the county. In the 1970's the County was included as an RPR in litigation with EPA over the old Flemington Landfill. In the late 1970's the only permitted landfill for the county's use was located in the Carolina Beach area. After litigation involving a land lease from the Army Corps of Engineers that facility was closed leaving the County without a permitted landfill. After this facility closed the county permitted a small interim PROVIDING ExCEPTICNAL CLIENT SERVICE SINCE 1944 . nc DWQ Response Lochner Project 1904 New Hanover County Landfill August 1, 2005 facility that operated for 14-months. During that time the county utilized a nationally known consultant to assist them in finding an environmentally sound site on which the county could permit a facility. A site was not found that the State of North Carolina would approve as a disposal site using landfilling methods applied at that time. Multiple attempts to have local counties join in a regional approach with the cost of finding, permitting, and constructing a landfill to be borne by New Hanover failed for political reasons. New Hanover County Commissioners decided to address their responsibilities in protecting the health and welfare of the county's residents by constructing a state-of-the-art lined landfill within New Hanover County. This was done and the facility opened in 1981. At that time it was the only lined landfill in the state and was constructed more than 10-years before the rest of the country was directed to follow that standard. Because of the limited locations for future expansions, in 1986 New Hanover County purchased the property south of the existing active landfill for the purpose of expanding the landfill into that area at the appropriate time. This southern property provides the only contiguous acreage available for expansion of the landfill because of the limits of Fishing Creek to the north, the Northeast Cape Fear River's floodplain and wetlands to the east, and US 421 and its frontage property to the west. The southern property is bounded to the south by industrial developed property that serves as the final barrier to any additional expansion of the landfill facility in any direction. The attached plan for the south property is based on setback requirements established under the solid waste regulations of NCDENR. A significant level of work will be required before the site can be submitted to the NCDENR for landfill disposal permitting. The County does not want to proceed with that permitting under the cloud of being denied the authority to include the isolated wetland areas in the planned disposal area. Because of the cost of siting, permitting, developing, and operating landfills, the disposal volume for landfilling purposes is very costly. To demonstrate the value of this waste disposal space, the County is considering relocating the existing maintenance building shown on the plan in addition to developing the area of the two small isolated wetlands. These two steps will help to maximize the landfill volume. In summary, the impact of avoiding the two small isolated wetlands would be severe as shown by reviewing the contoured disposal plan. Additionally, there are no viable avoidance and minimization efforts that will meet the projects purpose and need. 2) The agency requested a copy of the stormwater management plan and calculations that demonstrate that 85% TSS removal will be achieved. The existing landfill on the northern property has been operating under stormwater permits issued specifically for that site. The southern property currently has an erosion control permit for the entire site and a stormwater permit for the conditions of the site without additional impervious area. As we understand the agency's current position, landfills are now considered impervious by the agency. In our professional opinion and experience this is not factual. However, the county's opinion is that it is premature to pursue the engineering to demonstrate the 85% TSS removal for several reasons. First, the current permit for the southern property does not discharge stormwater from the site DWQ Response New Hanover County Landfill Lochner Project 1904 August 1, 2005 but percolates in the ditches and percolation basin. It is the intent that if the landfill is expanded that this same process will be applied and no off-site discharge of stormwater is anticipated. If there is no discharge then obviously there are no suspended solids discharging from the site. Historically, the medium to coarse grains sands located on the properties have allowed for rapid percolation of stormwater events. Second, if the area of the two small wetlands cannot be used, there is a real question of the viability of permitting the site because of the significantly reduced disposal volume. The cost to develop the smaller facility on a unit basis would be skewed dramatically compared to using the site as proposed. Again, it is important that you understand that the County may not construct the landfill if the wetlands cannot be removed. 3) The agency required a delineation map sealed by a registered surveyor. A copy of the wetland delineation that was conducted by and sealed by a registered land surveyor is enclosed for your information as required in your letter. The areas of the two small isolated wetlands are 0.37 and 0.41 acres for a total site value of 0.78 acres. Approval to impact these wetlands will not result in violations of water quality standards. The placement of a liner, collection of leachate, and on-site storm water management will ensure that all water quality standards are met. This correspondence has shown that the wetlands were accurately delineated, they are isolated, that avoidance and minimization efforts have been investigated, and that impacts to these small isolated wetlands will not violate water quality standards. By copy of this correspondence we are requesting that you issue a 401 Water Quality Certification for the proposed isolated wetland impacts. Sincerely, H.W. Lochner, Inc. Eric Galamb, PWS Project Manager cc: Ed Hilton, PE, SCS Engineers, with attachments Ray Church, New Hanover County, with attachments Cyndi Karoly, DWQ Central Office 401/Wetlands Unit RD P AUG - 2005 1650 Mail Service Center Raleigh, NC 27699-1650 File, with attachments LOCHNER H.W. LOCHNER, INC., 2840 Plaza Place, Suite 202, Raleigh, North Carolina 27612 Phone: (919) 571-7111 Fax: (919) 571-0454 www.hwlochner.com August 1, 2005 North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Reference: 401 Water Quality Certification/Isolated Wetland Per D i la O V ?tR @ New Hanover County Landfill Expansion Site New Hanover County, North Carolina C Lochner Project No. 1904 AUG 2 - 2005 DWQ Project No. 04-1886 Dear Ms. Lutheran: DEER - liVATER QUALITY V1E77A'1D3A%DJIO,', "ivATERBRANCH H.W. Lochner, Inc. (Lochner) wishes to submit on behalf of our client, New Hanover County, responses to the Division of Water Quality's (DWQ) March 17, 2005 correspondence. Each response item below has been provided a number that corresponds to the paragraph number in the DWQ letter noted above. 1) The agency expressed that avoidance and minimization efforts must be demonstrated. As a component of that evaluation the agency required that an engineered site plan that accurately depicts the proposed future locations of the disposal units be provided. This additional engineering effort resulted in a delay in responding to your additional information letter noted above. The result of that effort is the preliminary site plan depicting the future location of the landfill disposal expansion on the south property (that includes the two isolated wetlands) and its connection to the existing disposal units. That plan is enclosed for your information. The County had not intended to pursue this level of planning until it was determined that the small isolated wetlands would not be a "deal breaker" for utilizing the property for the purpose for which it was purchased. Since the size of the individual wetlands was very small (0.37 and 0.41 acres based on the registered surveyor's map) it was felt that this would not be the complicated issue that it has become. The two isolated wetlands would severely limit the availability of the site to be expanded and incorporated into the existing landfill as shown by their locations depicted on the plan. Trying to find other properties in New Hanover County that meet the long list of criteria required to site a landfill facility would be very expensive to the citizens of the County. It is highly doubtful that such properties could be found. DWQ should be aware that the basis of this statement is that locating landfills for New Hanover County has a long history. Prior to 1981 multiple sites had been operated around the county. In the 1970's the County was included as an RPR in litigation with EPA over the old Flemington Landfill. In the late 1970's the only permitted landfill for the county's use was located in the Carolina Beach area. After litigation involving a land lease from the Army Corps of Engineers that facility was closed leaving the County without a permitted landfill. After this facility closed the county permitted a small interim PROVIDING ExCEPTIONAL CLIENT SERVICE SINCE 1944 DWQ Response Lochner Project 1904 New Hanover County Landfill August 1, 2005 facility that operated for 14-months. During that time the county utilized a nationally known consultant to assist them in finding an environmentally sound site on which the county could permit a facility. A site was not found that the State of North Carolina would approve as a disposal site using landfilling methods applied at that time. Multiple attempts to have local counties join in a regional approach with the cost of finding, permitting, and constructing a landfill to be borne by New Hanover failed for political reasons. New Hanover County Commissioners decided to address their responsibilities in protecting the health and welfare of the county's residents by constructing a state-of-the-art lined landfill within New Hanover County. This was done and the facility opened in 1981. At that time it was the only lined landfill in the state and was constructed more than 10-years before the rest of the country was directed to follow that standard. Because of the limited locations for future expansions, in 1986 New Hanover County purchased the property south of the existing active landfill for the purpose of expanding the landfill into that area at the appropriate time. This southern property provides the only contiguous acreage available for expansion of the landfill because of the limits of Fishing Creek to the north, the Northeast Cape Fear River's floodplain and wetlands to the east, and US 421 and its frontage property to the west. The southern property is bounded to the south by industrial developed property that serves as the final barrier to any additional expansion of the landfill facility in any direction. The attached plan for the south property is based on setback requirements established under the solid waste regulations of NCDENR. A significant level of work will be required before the site can be submitted to the NCDENR for landfill disposal permitting. The County does not want to proceed with that permitting under the cloud of being denied the authority to include the isolated wetland areas in the planned disposal area. Because of the cost of siting, permitting, developing, and operating landfills, the disposal volume for landfilling purposes is very costly. To demonstrate the value of this waste disposal space, the County is considering relocating the existing maintenance building shown on the plan in addition to developing the area of the two small isolated wetlands. These two steps will help to maximize the landfill volume. In summary, the impact of avoiding the two small isolated wetlands would be severe as shown by reviewing the contoured disposal plan. Additionally, there are no viable avoidance and minimization efforts that will meet the projects purpose and need. 2) The agency requested a copy of the stormwater management plan and calculations that demonstrate that 85% TSS removal will be achieved. The existing landfill on the northern property has been operating under stormwater permits issued specifically for that site. The southern property currently has an erosion control permit for the entire site and a stormwater permit for the conditions of the site without additional impervious area. As we understand the agency's current position, landfills are now considered impervious by the agency. In our professional opinion and experience this is not factual. However, the county's opinion is that it is premature to pursue the engineering to demonstrate the 85% TSS removal for several reasons. First, the current permit for the southern property does not discharge stormwater from the site 2 DWQ Response New Hanover County Landfill Lochner Project 1904 August 1, 2005 but percolates in the ditches and percolation basin. It is the intent that if the landfill is expanded that this same process will be applied and no off-site discharge of stormwater is anticipated. If there is no discharge then obviously there are no suspended solids discharging from the site. Historically, the medium to coarse grains sands located on the properties have allowed for rapid percolation of stormwater events.. Second, if the area of the two small wetlands cannot be used, there is a real question of the viability of permitting the site because of the significantly reduced disposal volume. The cost to develop the smaller facility on a unit basis would be skewed dramatically compared to using the site as proposed. Again, it is important that you understand that the County may not construct the landfill if the wetlands cannot be removed. 3) The agency required a delineation map sealed by a registered surveyor. A copy of the wetland delineation that was conducted by and sealed by a registered land surveyor is enclosed for your information as required in your letter. The areas of the two small isolated wetlands are 0.37 and 0.41 acres for a total site value of 0.78 acres. Approval to impact these wetlands will not result in violations of water quality standards. The placement of a liner, collection of leachate, and on-site storm water management will ensure that all water quality standards are met. This correspondence has shown that the wetlands were accurately delineated, they are isolated, that avoidance and minimization efforts have been investigated, and that impacts to these small isolated wetlands will not violate water quality standards. By copy of this correspondence we are requesting that you issue a 401 Water Quality Certification for the proposed isolated wetland impacts. Sincerely, H.W. Lochner, Inc. i Eric Galamb, PWS Project Manager cc: Ed Hilton, PE, SCS Engineers, with attachments Ray Church, New Hanover County, with attachments Cyndi Karoly, DWQ Central Office 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 File, with attachments LOCHNER H.W. LOCHNER, INC., 2840 Plaza Place, Suite 202, Raleigh, North Carolina 27612 Phone: (919) 571-7111 Fax: (919) 571-0454 www.hwlochner.com August 1, 2005 North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Reference: 401 Water Quality Certification/Isolated Wetland Permit New Hanover County Landfill Expansion Site New Hanover County, North Carolina Lochner Project No. 1904 DWQ Project No. 04-1886 Dear Ms. Lutheran: H.W. Lochner, Inc. (Lochner) wishes to submit on behalf of our client, New Hanover County, responses to the Division of Water Quality's (DWQ) March 17, 2005 correspondence. Each response item below has been provided a number that corresponds to the paragraph number in the DWQ letter noted above. 1) The agency expressed that avoidance and minimization efforts must be demonstrated. As a component of that evaluation the agency required that an engineered site plan that accurately depicts the proposed future locations of the disposal units be provided. This additional engineering effort resulted in a delay in responding to your additional information letter noted above. The result of that effort is the preliminary site plan depicting the future location of the landfill disposal expansion on the south property (that includes the two isolated wetlands) and its connection to the existing disposal units. That plan is enclosed for your information. The County had not intended to pursue this level of planning until it was determined that the small isolated wetlands would not be a "deal breaker" for utilizing the property for the purpose for which it was purchased. Since the size of the individual wetlands was very small (0.37 and 0.41 acres based on the registered surveyor's map) it was felt that this would not be the complicated issue that it has become. The two isolated wetlands would severely limit the availability of the site to be expanded and incorporated into the existing landfill as shown by their locations depicted on the plan. Trying to find other properties in New Hanover County that meet the long list of criteria required to site a landfill facility would be very expensive to the citizens of the County. It is highly doubtful that such properties could be found. DWQ should be aware that the basis of this statement is that locating landfills for New Hanover County has a long history. Prior to 1981 multiple sites had been operated around the county. In the 1970's the County was included as an RPR in litigation with EPA over the old Flemington Landfill. In the late 1970's the only permitted landfill for the county's use was located in the Carolina Beach area. After litigation involving a land lease from the Army Corps of Engineers that facility was closed leaving the County without a permitted landfill. After this facility closed the county permitted a small interim PROVIDING ExCEPTIONAL CLIENT SERVICE SINCE 1944 DWQ Response Lochner Project 1904 New Hanover County Landfill AUeust 1.2005 facility that operated for 14-months. During that time the county utilized a nationally known consultant to assist them in finding an environmentally sound site on which the county could permit a facility. A site was not found that the State of North Carolina would approve as a disposal site using landfilling methods applied at that time. Multiple attempts to have local counties join in a regional approach with the cost of finding, permitting, and constructing a landfill to be borne by New Hanover failed for political reasons. New Hanover County Commissioners decided to address their responsibilities in protecting the health and welfare of the county's residents by constructing a state-of-the-art lined landfill within New Hanover County. This was done and the facility opened in 1981. At that time it was the only lined landfill in the state and was constructed more than 10-years before the rest of the country was directed to follow that standard. Because of the limited locations for future expansions, in 1986 New Hanover County purchased the property south of the existing active landfill for the purpose of expanding the landfill into that area at the appropriate time. This southern property provides the only contiguous acreage available for expansion of the landfill because of the limits of Fishing Creek to the north, the Northeast Cape Fear River's floodplain and wetlands to the east, and US 421 and its frontage property to the west. The southern property is bounded to the south by industrial developed property that serves as the final barrier to any additional expansion of the landfill facility in any direction. The attached plan for the south property is based on setback requirements established under the solid waste regulations of NCDENR. A significant level of work will be required before the site can be submitted to the NCDENR for landfill disposal permitting. The County does not want to proceed with that permitting under the cloud of being denied the authority to include the isolated wetland areas in the planned disposal area. Because of the cost of siting, permitting, developing, and operating landfills, the disposal volume for landfilling purposes is very costly. To demonstrate the value of this waste disposal space, the County is considering relocating the existing maintenance building shown on the plan in addition to developing the area of the two small isolated wetlands. These two steps will help to maximize the landfill volume. In summary, the impact of avoiding the two small isolated wetlands would be severe as shown by reviewing the contoured disposal plan. Additionally, there are no viable avoidance and minimization efforts that will meet the projects purpose and need. 2) The agency requested a copy of the stormwater management plan and calculations that demonstrate that 85% TSS removal will be achieved. The existing landfill on the northern property has been operating under stormwater permits issued specifically for that site. The southern property currently has an erosion control permit for the entire site and a stormwater permit for the conditions of the site without additional impervious area. As we understand the agency's current position, landfills are now considered impervious by the agency. In our professional opinion and experience this is not factual. However, the county's opinion is that it is premature to pursue the engineering to demonstrate the 85% TSS removal for several reasons. First, the current permit for the southern property does not discharge stormwater from the site 2 DWQ Response Lochner Project 1904 New Hanover County Landfill August 1, 2005 but percolates in the ditches and percolation basin. It is the intent that if the landfill is expanded that this same process will be applied and no off-site discharge of stormwater is anticipated. If there is no discharge then obviously there are no suspended solids discharging from the site. Historically, the medium to coarse grains sands located on the properties have allowed for rapid percolation of stormwater events.. Second, if the area of the two small wetlands cannot be used, there is a real question of the viability of permitting the site because of the significantly reduced disposal volume. The cost to develop the smaller facility on a unit basis would be skewed dramatically compared to using the site as proposed. Again, it is important that you understand that the County may not construct the landfill if the wetlands cannot be removed. 3) The agency required a delineation map sealed by a registered surveyor. A copy of the wetland delineation that was conducted by and sealed by a registered land surveyor is enclosed for your information as required in your letter. The areas of the two small isolated wetlands are 0.37 and 0.41 acres for a total site value of 0.78 acres. Approval to impact these wetlands will not result in violations of water quality standards. The placement of a liner, collection of leachate, and on-site storm water management will ensure that all water quality standards are met. This correspondence has shown that the wetlands were accurately delineated, they are isolated, that avoidance and minimization efforts have been investigated, and that impacts to these small isolated wetlands will not violate water quality standards. By copy of this correspondence we are requesting that you issue a 401 Water Quality Certification for the proposed isolated wetland impacts. Sincerely, H.W. Lochner, Inc. Eric Galamb, PWS Project Manager cc: Ed Hilton, PE, SCS Engineers, with attachments Ray Church, New Hanover County, with attachments Cyndi Karoly, DWQ Central Office 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 File, with attachments OF WATER Michael F. Easley, Governor Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources > Alan W. Klimek, P.E., Director p Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality March 17, 2005 CERTIFIED HAIL: 7003 1010 0000 0032 4496 RETURN RECEIPT REQUESTED Mr. Ray Church, Director New Hanover County Environmental Management 3002 US Highway North Wilmington, NC 27612 SUBJECT: PROJECT ON HOLD FOR ADDITIONAL INFORIAIATION NHC Landfill Expansion Site DWQ Project # 04-1886 New Hanover County Dear Mr. Church: This Office has reviewed your Isolated Wetland Permit application and additional information received on February 2, 2005. In addition, on February 28, 2005, Mr. Galamb of Lochner met me on site to verify the wetland line. Additional information still needed to process the permit application was discussed at that time. This office is placing your project on hold until we receive the following additional information: 1. Avoidance and minimization efforts must be demonstrated. The additional information received on February 2, 2005, suggested that wetland area "B" cannot be avoided due to the fact that the actual landfill expansion design will inter-connect the proposed disposal unit with the existing disposal unit. If this proposed design is planned, avoidance of wetland area "B" would result in a significant loss of landfill capacity. Please provide the engineered site plan that accurately depicts the proposed future locations of the disposal units. 2. In addition, through e-mail correspondence with Mr. Galamb, the requirement for stormwater treatment from all new impervious surfaces including the footprint of the proposed disposal unit has been discussed. Please provide a copy of the stormwater management plan and calculations that demonstrate that 85% TSS removal will be achieved. 3. Please provide a copy of the surveyed wetland delineation. If GPS equipment is used, please provide a wetland delineation map sealed by a registered surveyor as previously requested. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-774 One An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina Aahirally t New Hanover County DWQ Project #041886 March 17, 2005 2 Please respond within three weeks of the date of this letter by sending a copy of the information to Noelle Lutheran and to Cyndi Karoly, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-226, her phone number is (919) 733-9721. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. If you have any questions, please feel free to call me at (910) 395-3900. Sincerely, ?Gf/L? 446;0'e' Noelle Lutheran Environmental Specialist III cc: Eric Galamb - H.W. Lochner Inc. Cyndi Karoly -401 Oversite Unit Jennifer Frye - US Army Corps of Engineers Wilmington Noelle Lutheran - WiRO MP uF?lr cH OS w O SSOrlA b7W F WATER Michael F. Easley, Governor QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources > aAlan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director > Division of Water Quality March 17, 2005 CERTIFIED MAIL: 7003 1010 0000 0032 4496 RETURN RECEIPT REQUESTED Mr. Ray Church, Director New Hanover County Environmental Management 3002 US Highway North Wilmington, NC 27612 SUBJECT: PROJECT ON HOLD FOR ADDITIONAL INFORMATION NHC Landfill Expansion Site DWQ Project # 04-1886 New Hanover County Dear Mr. Church: This Office has reviewed your Isolated Wetland Permit application and additional information received on February 2, 2005. In addition, on February 28, 2005, Mr. Galamb of Lochner met me on site to verify the wetland line. Additional information still needed to process the permit application was discussed at that time. This office is placing your project on hold until we receive the following additional information: 1. Avoidance and minimization efforts must be demonstrated. The additional information received on February 2, 2005, suggested that wetland area "B" cannot be avoided due to the fact that the actual landfill expansion design will inter-connect the proposed disposal unit with the existing disposal unit. If this proposed design is planned, avoidance of wetland area "B" would result in a significant loss of landfill capacity. Please provide the engineered site plan that accurately depicts the proposed future locations of the disposal units. 2. In addition, through e-mail correspondence with Mr. Galamb, the requirement for stormwater treatment from all new impervious surfaces including the footprint of the proposed disposal unit has been discussed. Please provide a copy of the stormwater management plan and calculations that demonstrate that 85% TSS removal will be achieved. 3. Please provide a copy of the surveyed wetland delineation. If GPS equipment is used, please provide a wetland delineation map sealed by a registered surveyor as previously requested. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-774 One An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper North Carolina Naturally New Hanover County DWQ Project #041886 March 17, 2005 2 Please respond within three weeks of the date of this letter by sending a copy of the information to Noelle Lutheran and to Cyndi Karoly, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-226, her phone number is (919) 733-9721. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. If you have any questions, please feel free to call me at (910) 395-3900. Sincerely, Noelle Lutheran Environmental Specialist III cc: Eric Galamb - H.W. Lochner Inc. Cyndi Karoly -401 Oversite Unit Jennifer Frye - US Army Corps of Engineers Wilmington Noelle Lutheran - WiRO MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: N. Lutheran WQ Supervisor: Fri Berk Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name New Hanover Countv Landfill Expansion Site Project Number 04 1886 Recvd From APP Received Date 11/23/04 Recvd By Region Project Type landfill addition County New Hanover County2 Region Wilmington Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. freshwate O Y O N 18-74-(61) SC Sw 30,617. 0.98 O Y O N ??-f ?I x-? Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? *Y ON Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? O Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This eject has been placed on hold for additional information. 1/20/05 NML Inadequate additional information was received on Feb. 2- 2005. A site meeting took place on Feb. 18, 2005, to verify the wetland line and discuss information stilled required. The eject has been place on hold again for additional information. 3/17/05 NML cc: Regional Office Central Office Page Number 1 Re: NHC Landfill Subject: Re: NHC Landfill From: Noelle Nutheran <Noelle.Lutheran@ncmail.net> Date: Thu, 03 Feb 2005 17:22:50 -0500 To: "Galamb, Eric" <egalamb@hwlochner.com> CC: Cyndi Karoly <cyndi.karoly@ncmai 1. net> Eric, I was going to try to call you yesterday, but I have been very busy as usual. Unfortunately, there are a few more issues that need to be resolved prior to a 401 being issued. Jennifer Frye confirmed that she did not verify the wetland line in the field. She stated that she only determined that the wetlands were isolated . Due to this, the information you sent me is not accurate. In addition, the USACE does require a registered surveyor's seal on wetland maps presented for signature/approval. Due to this and the fact that a little difference in area on this particular project does matter, I would like confirmation that the survey is accurate by a registered surveyor. In addition, it has been brought to my attention that DWQ has determined that landfill cells are impervious and therefore, 85% TSS removal through a stormwater treatment system will be required. Due to this requirement, there may be a way to avoid one of the isolated wetlands and use it for stormwater treatment (after some type of pretreatment like grassed swales). We can discuss this further. I am also a little unclear about property boundaries because you implied during our telephone conversation that future expansions would not result in more wetland impacts? In your avoidance and minimization explanation you discuss interconnecting the existing cell with the new one? I will need to see the actual site layout proposed. I will be sending another letter as soon as I have the opportunity and am happy to discuss this with you further via telephone or a meeting at my office when my schedule allows. Sincerely, Noelle Lutheran Galamb, Eric wrote: Noelle, The responses to your questions on the New Hanover County landfill were sent on Monday. You should receive them today or tomorrow. Please issue the 401 at your earliest convenience. Thanks. Eric * ------------------------------------------------------------------------ * **Eric Galamb** 1 of 2 2/4/2005 12:29 PM Re: NHC Landfill Natural Resources Department Manager **LOCHNER** 2840 Plaza Place, Suite 202 Raleigh, NC 27612 p: (919) 571-7111 f: (919) 571-0454 egalambOhwlochner.com <mailto:egalamb@hwlochner.com> www.hwlochner.com <http://www.hwlochner.com> 2 of 2 2/4/2005 12:29 PM RE: NHC Landfill Subject: RE: NHC Landfill From: "Galamb, Eric" <egalamb@hwlochner.com> Date: Thu, 10 Feb 2005 10:32:44 -0500 To: "Noelle Nutheran" <Noelle.Lutheran@ncmail.net> CC: "Cyndi Karoly" <cyndi.karo ly@ncmail. net>, <john.dorney@ncmail.net> Noelle, Some points of clarification. There is no storm water that leaves the site. The County has storm water basins do not have outlets. ALL storm water either infiltrates to the groundwater or evaporates. Given this scenario, I believe that we meet 100% TSS removal. We will route storm water into this treatment system. I respectfully request that you condition the 401 to state that during the Division of Solid Waste permit approval, the County shall submit the storm water plan to DWQ. The Solid Waste permit is likely several years in the future and we cannot start negotiate on the permit until we have a 401 in hand. The current request is for the last landfill expansion at this site. I may not have been clear since you are under the impression that there would be future expansions. I believe that I was trying to say that to the north of the combined sites is Fishing Creek; to the east are the Northeast Cape Fear River and its associated floodplain and wetlands; and to the west is out-parcel property and Highway 421. This allows.. only the expansion to the south. I was trying to make the point that if we were to find another property, the wetland impacts would likely be much higher than the 0.98 acres of isolated wetlands in our current (and final) request. The cells will be interconnected allowing for maximum waste disposal. Please see the attached file. This is the same figure presented in earlier correspondence. As for Jennifer Frye confirming the wetlands, I cannot talk to her until she returns to the office next week. I feel that she did confirm the wetlands line by auguring several locations around the wetlands. I do not understand why she would be auguring if she was only confirming the isolated nature of the wetlands. As I indicated in earlier discussions, Jean Manuele, Raleigh Office Manager, told me several years ago that the Corps cannot require that a surveyor sign and seal a plat. I contacted a second Corps representative this week and confirmed that their regulations did not change in that regard. I was very specific in detailing that I used sub-meter survey grade GPS and completed data correction. I was told that this was acceptable to receive a 5-year verification letter. The Corps prefers that the wetlands be signed and sealed by a registered surveyor. THEY CANNOT REQUIRE IT. I respectfully request that you agree that the Corps method to calculate the area is acceptable to DWQ. Requiring a surveyor will only spend more public money without any additional accuracy. Yes, 0.98 acres is close to the 1-acre mitigation threshold. I promise that it is a fluke. I did not get an "unacceptable" acreage for the wetland and then go back and reduce the size to be below 1-acre. In fact, 0.98 acres is generous for the delineation. I trust that these responses have satisfied your concerns. Please issue the 401 at your earliest convenience. Eric -----Original Message----- From: Noelle Nutheran [mailto_:Noe1_le.Lutheran^nc_m_ail.net] Sent: Thursday, February 03, 2005 5:23 PM To: Galamb, Eric 1 of 3 RE: NHC Landfill Cc: Cyndi Karoly Subject: Re: NHC Landfill Eric, I was going to try to call you yesterday, but I have been very busy as usual. Unfortunately, there are a few more issues that need to be resolved prior to a 401 being issued. Jennifer Frye confirmed that she did not verify the wetland line in the field. She stated that she only determined that the wetlands were isolated . Due to this, the information you sent me is not accurate. In addition, the USACE does require a registered surveyor's seal on wetland maps presented for signature/approval. Due to this and the fact that a little difference in area on this particular project does matter, I would like confirmation that the survey is accurate by a registered surveyor. In addition, it has been brought to my attention that DWQ has determined that landfill cells are impervious and therefore, 8596 TSS removal through a stormwater treatment system will be required. Due to this requirement, there may be a way to avoid one of the isolated wetlands and use it for stormwater treatment (after some type of pretreatment like grassed swales). We can discuss this further. I am also a little unclear about property boundaries because you implied during our telephone conversation that future expansions would not result in more wetland impacts? In your avoidance and minimization explanation you discuss interconnecting the existing cell with the new one? I will need to see the actual site layout proposed. I will be sending another letter as soon as I have the opportunity and am happy to discuss this with you further via telephone or a meeting at my office when my schedule allows. Sincerely, Noelle Lutheran Galamb, Eric wrote: Noelle, The responses to your questions on the New Hanover County landfill were sent on Monday. You should receive them today or tomorrow. Please issue the 401 at your earliest convenience. Thanks. Eric ------------------------------------------------------------------------ I * 11 1 2/10/2005 4:30 PM 9e DC !-S I!0 E R H.W. LOCHNER, INC., 2840 Plaza Place, Suite 202, Raleigh, North Carolina 27612 D January 31, 2005 R p FEB 0 3 2005 North Carolina Division of Water Quality DENR-WATER QUALITY 401/Wetlands Unit `'.__:TU.1ZSNOSro%LNAMRMM 1650 Mail Service Center Raleigh, NC 27699-1650 Reference: 401 Water Quality Certification/Isolated Wetland Permit 101-acre New Hanover County Landfill Expansion Site New Hanover County, North Carolina Lochner Project No. 1904 DWQ Project No. 041886 Dear Ms. Karoly and Ms. Lutheran: Phone: (919) 571-7111 Fax: (919) 571-0454 www.hwlochner.com H.W. Lochner, Inc. (Lochner) wishes to submit on behalf of our client, New Hanover County, responses to the Division of Water Quality's (DWQ) January 20, 2005 correspondence. Each response number corresponds to issues raised in DWQ's letter. 1) Jennifer Frye concurred that the wetlands are isolated and that the survey accurately depicts the wetlands and Waters of the U.S. located on the property. This on-site meeting occurred on November 16, 2004 and Noelle Lutheran was invited to this meeting. 2) The wetland flagging was captured with survey grade Global Positioning System (GPS) equipment. The 0.98 acres is a true reflection of the size. It is a coincidence that it approaches the 1.0 acre mitigation threshold. No attempt was made to reduce the size of the wetlands to avoid compensatory mitigation. As previously stated, the United States Corps of Engineers (USACE) approved the jurisdictional wetland line. The survey is accurate and the does not require that the mapping be sealed by a registered surveyor. 3) The primary responsibility of local government is to provide for the health, safety, and welfare of those people that live in the governmental jurisdiction. One of those issues is to provide for the environmental disposal of solid waste. In 1981 New Hanover County initiated operation of the Secure Landfill on Highway 421. In order to provide for the development of the facility the County spent multiple years and millions of dollars to first find a location, obtain the necessary permits to construct and operate, to actually build the site and progressively the disposal units, and to place the waste in the disposal units. Planning for the future expansion of the landfill, the County acquired in 1987 the only available undeveloped property that is contiguous to the permitted facility. With this acquisition the total available land for landfill operations became fixed. This is PROVIDING ExCEPTIONAL CLIENT SERVICE SINCE 1944 due to the restrictions of natural and man-made barriers to provide for any additional expansion. To the north of the combined sites is Fishing Creek; to the east are the Northeast Cape Fear River and its associated floodplain and wetlands; to the south are existing industrial complexes; and to the west is out-parcel property and Highway 421. Several years ago County staff initiated the planning to incorporate the southern property into the existing landfill operations. The planning process provides for a step-by-step permitting process for the extension of the landfill into the south property. Steps completed to date include obtaining permits for erosion control, master storm drainage plan, and the borrow area (in uplands). In evaluating alternatives for configuring the waste disposal area certain restrictions were considered that are driven by the solid waste regulations of DENR. Additionally, on-site support activities must be taken into account; for example, storm drainage management, vehicle access, leachate management, and operation and maintenance of the landfill and its equipment. The key factor for planning for the placement of the disposal area of the landfill is to maximize the disposal area footprint. This will allow the maximum amount of waste to be placed in the disposal unit and reduce the need to locate additional landfill property that may have streams and wetlands on them. It is important to note that this facility is owned and operated by the County. This is important because as a public sector facility the primary drive of the operation of the landfill is to•maximize the disposal capacity of the facility by carefully utilizing every available cubic foot of available volume. To reach this goal the County has spent over 35 million dollars to construct WASTEC, the waste incineration facility that through the burning process reduces the volume of waste that has to be placed in the landfill. Additionally, the landfill operators place and compact the waste to reduce the space that is used on a daily basis. In spite of all these efforts the landfill continues to fill at a rapid rate. Demonstrating the County's concern for the proper planning and disposal unit development, the landfill disposal units in this landfill meet and exceed the federal and state standards. To demonstrate the County's environmental stewardship, seventeen years before required by regulation, this landfill applied the design of the bottom of the disposal units with multiple layers of natural and man-made barriers to protect the groundwater, the first of its kind in North Carolina. This type of construction is very expensive. Even more expensive is the loss of available disposal capacity that would be the result of avoiding or minimizing the impact on the two small isolated wetlands. The planning process for the new site incorporates the above noted issues and additionally to maximize the available volume will inter-connect to the existing disposal units now in operation. A sketch is attached that shows the existing disposal unit and the proposed future unit that will be interconnected. The more northerly of the isolated wetlands has been approximately located on the drawing and shows that it will fall within the new unit and directly in line with the proposed interconnect to the existing unit. The more southerly of the two wetlands will fall well within the footprint of the proposed unit. Failure to authorize the expansion to the south could result in more wetland impacts as the landfill may have to expand to the north or east. There is not a simple avoidance or minimization of either of these isolated wetlands that will not significantly reduce the landfill disposal volume and negatively impact the viability of the proposed project. Approval to impact these wetlands will not result in violations of water quality standards. The placement of a liner, collection of leachate and storm water treatment will ensure that all water quality standards are met. This correspondence has shown that the wetlands were accurately delineated, they are isolated, that avoidance and minimization efforts have been investigated, and that impacts to these small isolated wetlands will not violate water quality standards. By copy of this correspondence we are requesting that you issue a 401 Water Quality Certification for the proposed isolated wetland impacts. Sincerely, Lochner Eric Galamb, PWS Project Manager cc: Ed Hilton, McKim and Creed, with attachments Ray Church, New Hanover County, with attachments Cyndi Karoly, DWQ Central Office File, with attachments ,.k ?r, wp G H s Q ?x? G] z ' i Y ?. } W G:r ^H 1`?Y O O ca SQNV III- M CIAIV IOSI ONIaMMI IJNVNaINIVW/SNOIIVUldO ,':?':rf`,i?k: ;a-,a•z??rt•,.?,c,...T.t+S•,.:.?. ?-z*mi'?-v.rr z•m.s---?`., _- -fir .?.«e•.. K- , 3 _ "r r t. •q y?? f? of wArF9 Michael F. Easley, Governor O? OG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources co r >_ y Alan W. Klimek, P.E., Director of Water Qualit Coleen H. Suillins, Deputy Director Division of Water Quality January 20, 2005 CERTIFIED MAIL: 7003 0500 0004 8598 1994 RETURN RECEIPT REQUESTED Mr. Ray Church, Director New Hanover County Environmental Management 3002 US Highway North Wilmington, NC 27612 SUBJECT: PROJECT ON HOLD FOR ADDITIONAL INFORINIATION NHC Landfill Expansion Site DWQ Project # 04-1886 New Hanover County Dear Mr. Church: This Office has reviewed your Isolated Wetland Permit application and is placing your project on hold until we receive the following additional information: 1. The application states that*Jennifer Frye of the US Army Corps of Engineers concurred that both wetlands are isolated. Did Jennifer Frye verify in the field that the wetland delineation is accurate? If she did not, DWQ staff should have been requested to verify the delineation prior to submitting an application. 2. The delineation states that the total area of isolated wetlands on the site is 0.98 acres. This area is extremely close to 1.0 acre. Isolated wetland impacts equal to or greater than 1.0 acre require compensatory mitigation. Please submit an actual sealed survey. If the wetland delineation has not been officially verified by the USACE (signed map), please do not complete the survey until DWQ has verified the line. Avoidance and minimization efforts must be demonstrated. The application states that "no minimization options are available due to the fact that the landfill cell has to meet certain size criteria and cannot deviate from these requirements." The application also states that "exact configuration of the cells will be negotiated with the NC Division of Solid Waste." It appears that there may be room for minimization if there is room for negotiation. In fact, it appears that wetland area B could be avoided altogether. Please minimize the total wetland impacts or demonstrate in detail with actual size criteria and a statement from NC Division of Solid Waste that minimization is impossible. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-774 One An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina Naturally New Hanover County DWQ Project #041886 January 20, 2005 2 Please respond within three weeks of the date of this letter by sending a copy of the information to Noelle Lutheran and to Cyndi Karoly, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-226, her phone number is (919) 733-9721. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. If you have any questions, please feel free to call me at (910) 395-3900. Sincerely, ;?& za4-'d'? Noelle Lutheran Environmental Specialist III cc: Eric Galamb - H.W. Lochner Inc. Cyndi Karoly -401 Oversight Jennifer Frye - Corps of Engineers Wilmington Noelle Lutheran - WiRO pq r= FER 0 n n09 DENR - W0% i ?4JALIlY 11t MDSANDSTVfVIWATERQRAWH OFWATF9 Michael F. Easley, Governor ?O? QG William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources 5: C ? Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality January 20, 2005 CERTIFIED l1IAIL: 7003 0500 0004 8598 1994 RETURN RECEIPT REQUESTED Mr. Ray Church, Director New Hanover County Environmental Management 3002 US Highway North Wilmington, NC 27612 SUBJECT: PROJECT ON HOLD FOR ADDITIONAL INFORMATION NHC Landfill Expansion Site DWQ Project # 04-1886 New Hanover County Dear Mr. Church: This Office has reviewed your Isolated Wetland Permit application and is placing your project on hold until we receive the following additional information: 1. The application states that Jennifer Frye of the US Army Corps of Engineers concurred that both wetlands are isolated. Did Jennifer Frye verify in the field that the wetland delineation is accurate? If she did not, DWQ staff should have been requested to verify the delineation prior to submitting an application. 2. The delineation states that the total area of isolated wetlands on the site is 0.98 acres. This area is extremely close to 1.0 acre. Isolated wetland impacts equal to or greater than 1.0 acre require compensatory mitigation. Please submit an actual sealed survey. If the wetland delineation has not been officially verified by the USACE (signed map), please do not complete the survey until DWQ has verified the line. Avoidance and minimization efforts must be demonstrated. The application states that "no minimization options are available due to the fact that the landfill cell has to meet certain size criteria and cannot deviate from these requirements." The application also states that "exact configuration of the cells will be negotiated with the NC Division of Solid Waste." It appears that there may be room for minimization if there is room for negotiation. In fact, it appears that wetland area B could be avoided altogether. Please minimize the total wetland impacts or demonstrate in detail with actual size criteria and a statement from NC Division of Solid Waste that minimization is impossible. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-774 One An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper NorthCarolina Awmally New Hanover County DWQ Project #041886 January 20, 2005 Please respond within three weeks of the date of this letter by sending a copy of the information to Noelle Lutheran and to Cyndi Karoly, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-226, her phone number is (919) 733-9721. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. If you have any questions, please feel free to call me at (910) 395-3900. Sincerely, Noelle Lutheran Environmental Specialist III cc: Eric Galamb - H.W. Lochner Inc. Cyndi Karoly -401 Oversight Jennifer Frye - Corps of Engineers Wilmington Noelle Lutheran - WiRO NC Application for Section 319 NPS Pollution Control Grant 15. Detailed Budget Budget Categories Section Non-Federal Total Justification (itemize all 319 Match categories) Personnel/Salary Fringe Benefits Supplies $500 Water ualit sampling supplies Equipment For a YSI meter @ $1200 and pH meter @ $300 to sample physical $1500 parameters in the field Travel Contractual TBA TBA Other Total Direct Indirect Total 60% 40% 100% *Note: Non-Federal match must be at a minimum of 40% of the total project budget 16. Budget Summary BMP Project Education Monitoring Technical Other Total Implementation Management Training Assistance or Outreach Personnel Fringe Benefits Supplies $500 $500 Equipment $1500 $1500 Travel Contractual TBA TBA Operating Costs Other Total TBA TBA Completed Application due by May 14, 2004 by 5:00 PM mjilto:kimbcrh,.nimmcr(ii ncmail.nct -6- for questions please call (919) 733-5083, ext. 582 fax number (919) 715-5637 Triage Check List Date: M1 21,x Project Name: ??ew 41 i ii -,w ctiw,+Y ?}e DWQ#• County: Nt.,r -Hanc",E r To: ? ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes ? FRO Ken Averitte 0 WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Mike Horan From: Telephone : (919) The file attached is being forwarded to Your for your evaluation. Please call if you need as?jstance. ? 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: -rkl?, ?I-O .A.C J C Ol11VS I V,,jRClt o+ o. j 16 viVH 60l ;C fo 4he- 11m;+ '-Plecv%,_ 4ziLc_ o eJose_ ImL 14 4be- "1Ct11(,JCCI. Z 6Ye.(iG -mc,?L`e" H.W. LOCHNER, INC., 2840 Plaza Place, Suite 202, Raleigh, North Carolina 27612 November 18, 2004 North Carolina Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone: (919) 571-7111 Fax: (919) 571-0454 www.hwlochner.com ?D No D 2 3 2004 4DENR _ WATER QU ` 'DSANDST0pj,h ATER6?",'CN Reference: 401 Water Quality Certification/Isolated Wetland Permit 101-acre New Hanover County Landfill Expansion Site New Hanover County, North Carolina Lochner Project No. 1904 To Whom It May Concern: H.W. Lochner, Inc. (Lochner) wishes to submit on behalf of our client, New Hanover County, seven copies of an application for impacts to Waters of the United States. Please find enclosed the following: • A check for the $200 application fee, • A completed Pre-Construction Notification, (PCN) form, • A survey accurately depicting the wetlands and Waters of the U.S. located or, the property, • Wetland/Upland Determination Forms, • Appropriate figures - vicinity map, USGS topographic map, soil survey map, site map, and • Letter of Authorization The subject property is approximately 101 acres in size, and is located east of U.S. 421 and west of the Northeast Cape Fear River in New Hanover County, North Carolina. The surrounding area is comprised of a mix of existing landfill, vacant woodland, and industrial facilities. Eric Galamb and Emily Rackley of Lochner recently performed a delineation of the on- site jurisdictional boundaries. The boundaries were surveyed with sub-meter accuracy using a Trimble Global Positioning System. Two isolated wetlands were located on the subject property. Wetland A is 0.51 acre, and Wetland B is 0.47 acre. Existing vegetation within the wetlands consists of black willow (Salir nigra), broad-leaved cattail (Typha latifolia), loblolly pine (Pinus taeda), white water lily (Nymphaea odorata), red maple (Ater rubrum), highbush blueberry (Vaccininm corymbostmt), and sweetgum (L:iquidambar styraciua). Lochner met on-site with the United States Army Corps of Engineers (USACE) on November 16, 2004. Noelle Lutheran from the NCDWQ Wilmington regional office was invited to this meeting but did not attend. The USACE representative concurred that both wetlands were isolated and will issue a Notification of Jurisdictional Determination. Jim Gregson, Division of Coastal Management (DCM), stated on November 3, 2004 that DCM has no jurisdiction on this property. In addition, lie stated that the property is not located in an Area of Environmental Concern. By copy of this correspondence we are requesting that you issue a 401 Water Quality Certification for the proposed isolated wetland impacts. If we can provide additional infonnation of answer questions that you may have, please feel free to contact us. Sincerely, H.W. Lochner, Inc. r J J Eric Galamb Project Managcr/Senior Scientist Emily F. Rackley Environmental Biologist cc: Ed Hilton, McKim and Creed, with attachments Ray Church, New Hanover County, with attachments Jennifer Frye, USACE, with attachments File, with attachments Office Use Only: Form Version May 2002 USACE Action ID No. D`VQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" 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 2. Nationwide, Regional or General Permit Number(s) Requested: GC 3402 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 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: ? II. Applicant Information Owner/Applicant Information Name: Ray Church, Director of Environmental Management, New Hanover County Mailing Address: 3002 U.S. Highway 421 North Wilmington, NC 28401 Telephone Number: (910) 341-4340 Fax Number: (910) 341-4371 E-mail Address: N/A 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: Eric Galamb Company Affiliation: H.W. Lochner, Inc. Mailing Address: 2840 Plaza Place, Suite 202 Raleigh, NC 27612 Telephone Number: (919) 571-7111 Fax Number: (919) 571-0454 E-mail Address: egalamb a hwlochner.com Page 1 of 9 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: New Hanover County Landfill Site Expansion 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): R02300-001-004-000 4. Location County: New Hanover Nearest Town: Wilmington Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take US 117/NC 133 (Castle Hayne Road) south toward Wilmington. Turn right onto NC 133 and cross over the Northeast Cape Fear River. Turn right onto US 421 and proceed for approximately 4-5 miles. The landfill will be on the right. 5. Site coordinates, if available (UTM or Lat/Long): 34°19.28'N, 77°59.06'W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 101.49 ac 7. Nearest body of water (stream/river/sound/ocean/lake): Northeast Cane Fear River 8. River Basin: Cape Fear (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://Ii2o.enr.state.nc.us/a(imire/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: Currently, the proposed expansion site is forested and Page 2 of 9 ,generally undisturbed. The existing portion of the landfill lies to the north of the proposed expansion site, and a large industrial facility lies to the southeast. 10. Describe the overall project in detail, including the type of equipment to be used: Additional waste disposal cells are proposed. The exact configuration of the cells will be negotiated with the North Carolina Division of Solid Waste (DSW). Equipment includes, but is not limited to, bulldozers, backhoes, graders, and dump trucks. 11. Explain the purpose of the proposed work: Tile purpose of the proposed work is to provide additional waste disposal area for the landfill. 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 wetlands or streams have been impacted on the project site as a result of previous landfill expansions. 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. The proposed project will not result in any future impacts to jurisdictional wetlands or Waters of theU.S., and does not require any additional permits. Expansion to the east is prohibited by DSW rules since the area is in a 100-vear floodolain. Page 3 of 9 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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: Both of the isolated wetlands located in the ftrture landfill expansion area are proposed to be filled. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** (es/no Distance to Nearest Stream linear feet Type of wetland*** A Fill 0.51 No 3,000 if Freshwater marsh B Fill 0.47 No 3,400 If Freshwater marsh * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, ctc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http:Nvw.fcma.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, cte.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0.98 ac Total area of wetland impact proposed: 0.98 ac 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please secif None None 0 if N/A N/A N/A Page 4 of 9 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightcning, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intcrnct sites also allow direct download and printing of USGS maps (e.g., www.tonomne.com, \vw\v.mapluest. coin, etc.). Cumulative impacts (linear distance in feet) to all streams on site None 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. None None 0 ac N/A N/A List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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): N uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): A landfill cover borrow pit will be constructed as shown on the plans. This pond will be excavated in uplands and will not discharge to surface waters. Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): The pond will provide landfill operation and landfill construction soil. Size of watershed draining to pond: 273 ac Expected pond surface area: 24.16 ac VII. Impact Justification (Avoidance and Minimization) Page 5 of 9 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. Avoidance measures related to this project were limited due to geographical constraints. The existin.Q landfill (and proposed expansion area) are bound on the west side by US 421 and on the east side by the Northeast Cape Fear River and its associated 100-year floodplain. Furthermore, land on the north side of the existing landfill is not owned by New Hanover County. To obtain this property may result in stream crossing impacts. Therefore, the most feasible location for the landfill expansion is to the south of the existing landfill, which is currently owned by New Hanover County and will not incur significant impacts to existing strictures or natural resources. No minimization options are available due to the fact that the landfill cell has to meet certain size criteria and cannot deviate from these requirements. 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 March 9, 2000, 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. 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 NCWRP 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://li2o.enr.state.nc.us/ncwctlands/strnigide.litml. 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, Page 6 of 9 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. Impacts do not exceed 1 acre; mitigation is not required. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://li2o.enr.statc.nc.us/wm/index.litm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 0 If Amount of buffer mitigation requested (square feet): 0 ft2 Amount of Riparian wetland mitigation requested (acres): 0 ac Amount of Non-riparian wetland mitigation requested (acres): -O ac Amount of Coastal wetland mitigation requested (acres): 0 ac IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No 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 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 Page 7 of 9 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. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: 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* Impact (square feet Multiplier Required Mitigation 1 0 ft2 3 0 ft2 2 0 ft2 1.5 0 ft2 Total 0 ft2 0 ft2 Zone I extends out all feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. A stormwater permit and an erosion control permit for the landfill expansion have already been obtained. 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. A restroom currently exists on site that is connected to a septic tank; the expansion project will not require additional facilities. Page 8 of 9 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. 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). `t pplicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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Do Normal Circumstances exist on the site? Yes ? No Community ID: PEkl Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: Weilajd A (If needed, explain in remarks.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator Some 08L Am, ?ybrytn C Lt PA C on FACW Li rda C FAc+ Percent of Dominant Species that are OBL, FACW or FAG (excluding FAC-) I0OC7 Remarks: HYDROLOGY Recorded Data (Describe in Remarks:) Stream, Lake or Tide Gauge Aerial Photographs Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 inches Water Marks Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: 8-12 (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 in. Depth to Free Water in Pit: (in.) Water-Stained Leaves ? Local Soil Survey Data Depth to Saturated Soil: 0 (in.) FAC-Neutral Test ? Other (Explain in Remarks) Remarks: $vHressed +rec 4runkS Community ID: PEM Project/Site: Ncw Nunove- County LandF7l1 Transect ID: Date: lo. I2.04- Plot ID: We-Hand A SOILS Map Unit Name (Series and Phase): _Kureb sand, Taxonomy Subgroup: Snodic Quart4'1psamrrents Drainage Clas: F;Ce'sSlvr1v drolhek Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors inches Horizon Munsell Moist Munsell Moist Mottle Texture, Concretions, Abundance/Contrast Structure, etc. 6 0 - 0 SP Hydric Soil Indicators: Histosol Histic Epipedon ? Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or low-Chroma Colors Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? / Yes No Wetland Hydrology Present? Yes No Hydric Soils Present? ,i Yes No Is this Sampling Point Within a Wetland? Yes No Remarks: /SOWCj t4C414 4 - /la `nkt a- Ouflef DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Applicant/Owner: Normal Circumstances exist on the site? the site significantly disturbed (Atypical Situation)? the area a potential Problem Area? If needed, explain in remarks.) Date: County: State: Yes No Community ID: Yes No ? Transect ID: Yes No ? Plot ID: VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator QvrCtLs vi C t A, ei r r N II Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-) Q T. Remarks: HYDROLOGY Recorded Data (Describe in Remarks:) Stream, Lake or Tide Gauge Aerial Photographs Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 inches Water Marks Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 in. Depth to Free Water in Pit: _>12 (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: > 12 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: tfo Yrolo5indicators Community ID: VPL Project/Site: New Hot ovcr C wj 14ndF11 Transect ID: Date: Ia. r2. c 4 Plot ID: Wet(cvd A SOILS Map Unit Name (Series and Phase): Kure6 S(ancl_ Taxonomy Subgroup: Spodic Ouariziosam,,c i' Drainage Clas: Exec-SINVd, r Confirm Mapped Type? Yes X No Profile Description: Depth Matrix Color Mottle Colors inches Horizon Munsell Moist Munsell Moist Mottle Texture, Concretions, Abundance/Contrast Structure, etc. O ?' - InOrn -6 0 ?R 541 Sand f 13 2.5 a Hydric Soil Indicators: Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low-Chroma Colors Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? is this Sampling Point Within a Wetland? Yes No Yes ? No /Yes No Yes _L/' No DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/site: Neu kahnver Couh(,, 141jCJfi1l Date: 10. 2. 04- Applicant/Owner: New annyer Cooh+k, County: Investigator: F. E. RcckleV State: Do Normal Circumstances exist on the site? Yes ? No Community ID: E Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: („/e a (If needed, explain in remarks.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 ; a U 01- i ra 14 OBL v e C Gr vS CN/per;nvs 013t OBL Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-) 100%0 Remarks: HYDROLOGY Recorded Data (Describe in Remarks:) Stream, Lake or Tide Gauge Aerial Photographs Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: _t/' Inundated Saturated in Upper 12 inches Water Marks Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: 8-12- (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 in. Depth to Free Water in Pit: 0 (in.) Water-Stained Leaves Depth to Saturated Soil: 0 (in.) Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) Remarks: Community ID: peM Project/Site: Ntw Hanova- Court y Landr,7/ Transect ID: Date: 10. iz o ¢ Plot ID: Wrg?,td R SOILS Map Unit Name (Series and Phase): kuce6 SGnd Taxonomy Subgroup: Snodlc wGr+z;e.rnn ,?,+ Drainage Clas: xce ( ro; cct Confirm Mapped Type? Yes .r No Profile Description: Depth Matrix Color Mottle Colors inches Horizon Munsell Moist Munsell Moist Mottle Texture, Concretions, Abundance/Contrast Structure, etc. 0 --f A 5y 411 &1n :74 13 22-.5v TB sand- Hydric Soil Indicators: Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low-Chroma Colors Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? _ /Yes No Wetland Hydrology Present? Yes No Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No Remarks: DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Mew HQnDtref Comb, Land All Date: /0.12. Aleu Hanover Coin+„ County: Neu E. Galamh/ F• Rac%rr., Staterr > Normal Circumstances exist on the site? the site significantly disturbed (Atypical Situation)? the area a potential Problem Area? If needed, explain in remarks.) Yes ? No Community ID: Yes No Transect ID: Yes No Plot ID: VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 4rr '- l 4 Oycrcus' v li 1 FA Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-) 0 CFO Remarks: HYDROLOGY Recorded Data (Describe in Remarks:) Stream, Lake or Tide Gauge X Aerial Photographs Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 inches Water Marks Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: O (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 in. Depth to Free Water in Pit: >12- (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: > (2 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: ?I II NO Yrology indicafors Community ID: IJpt Project/Site: Nev ((Q,,?vv C'ovnfy LQRd??Il Transect ID: Date: 10,/2,0,¢ Plot ID: 6Wtikud Q SOILS Map Unit Name (Series and Phase): 1(yr<6 Sand Taxonomy Subgroup: ?DOdic QvprfginS2mh,?nks Drainage Clas: 5'ress-ive(V droineet Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors inches Horizon Munsell Moist Munseil Moist Mottle Texture, Concretions, , Abundance/Contrast Structure, etc. 0-12-4 Sand, Hydric Soil Indicators: Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low-Chroma Colors Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? GIs this Sampling Point Within a Wetland? Yes No Yes _- No Yes No Yes ? No l Remarks: SEP-23-04 04:31 PM NHC DEM 910 341 4371 P.01 i i i Proposal fbr VPeilande & Stream Evalutation, and Pe=fuing Lochner Proposal No, 284 New Nanovta C=V, NOMh Carolina d tomboy 10, 2ou ; SITE ACCESS PERMISSION MUM Site i?Igm4: Landfill Property - Now Aanover County, NC Addresi: 9200 Highway 421 North Wilmington, NC 26401 i j a j I EP=t the consultant, H.W. Lochner, Inc., permission to access tho above piopcrty fbr the purpose of gathering environmental data. 19180 autharizo H.W. LOch:ler, Inc, to act as my agent to allow represontatives of the U.S. Arnny Corps of Ensinoora, N.C. Division of Water Quality and/or N,C. Division of Coastal Management to access the property for rclatcd onsite investigations, if deemed necessary. Cam' ??h^/ i . Property Owner: Date; ? (signature) U?c-me toe, /V 14 4.,. CM i , i c .? 8199'?N peej, ulpil Yid tq 11i? 'P],'09S