Public Notice


Published May 13, 2013
Expiration date: 6/12/2013


Issue Date: May 13, 2013

Comment Deadline: June 12, 2013

Corps Action ID Number: SAW-2012-00467

The Wilmington District, Corps of Engineers (Corps) received an application from Kathryn Jolly of the Rowan County Department of Environmental Management seeking Department of the Army authorization to impact 2,244 linear feet of stream and 0.55 acre of wetland, associated with the expansion of the Rowan County Municipal Solid Waste Landfill in Rowan County, North Carolina.

Specific plans and location information are described below and shown on the attached plans.

This Public Notice and all attached plans are also available on the Wilmington District Web Site


Applicant: Kathryn Jolly

Kathryn Jolly

Rowan County Environmental Management

2727-D Old Concord Road

Salisbury, North Carolina 28146

AGENT (if applicable): Mr. Eric Mularski

Mr. Eric Mularski

HDR Engineering, Incorporated of the Carolinas

440 South Church Street

Charlotte, North Carolina 28202


The Corps evaluates this application and decides whether to issue, conditionally issue, or deny

the proposed work pursuant to applicable procedures of the following Statutory Authorities:

Section 404 of the Clean Water Act (33 U.S.C. 1344)

Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)

Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33

U.S.C. 1413)


Directions to Site: The Rowan County municipal solid waste landfill is located at 789 Campbell

Road (SR 1947) in Woodleaf, North Carolina 27054. This site is located in the Upper Pee Dee

River Basin (8-Digit Cataloging Unit 03040102). From US-70 E/Statesville Blvd turn north onto

NC-801N. Go 3.6 miles and turn right on Woodleaf Road. Travel 1.6 miles and turn left onto

Campbell Road. The entrance to the landfill is 1.0 mile on the right (See Figure 1 & 2).

Project Area (acres): 375 Nearest Town:Woodleaf

Nearest Waterway: Second Creek River Basin: Upper Pee Dee

Latitude and Longitude: 35.754N, 80.556W

Existing Site Conditions

The approximately 375 acres of Rowan County landfill is a lined Subtitle D landfill and has been

in operation at this location since 1989 under Solid Waste Permit 80-03. The landfill property

primarily consists of existing landfill, forest, grassland and agricultural areas (Figure 3). The

property is bounded to the north by Campbell Road, to the east and west by rural residential and

forested land and to the south by Second Creek. A closed land clearing and inert debris landfill

and closed construction and demolition landfill are located in the eastern portion of the property

and comprise 10.7 acres. The complete Subtitle D area consists of Phases I through X. Rowan

County has constructed and is placing waste in Phases I, II and III, which are located within 51

acres on the western and northwestern portion of the property. Phase IV is located south of Phase

III in the southwestern portion of the property and has been permitted for construction beginning

in early to mid-2013. Phase IV will encompass approximately 26 acres. The proposed Phases V

through X are located within the center of the property. The site was delineated and verified by

USACE on April 1, 2013. The surveyed verification includes approximately 5,955 linear feet of

jurisdictional stream and 2.75 acres of jurisdictional wetland within Rowan County parcels PIN

816-004 and PIN 816-005.

Applicant’s Stated Purpose

North Carolina General Statute §130A-309.09A requires Rowan County to provide waste

disposal services to its citizens. The landfill, as currently authorized, is reaching its permitted

capacity generating a need for Rowan County to expand the existing facility.

Project Description

The proposed Phase V through Phase X landfill expansion will include: approximately 102 acres

of lined disposal units; a leachate management facility (storage tanks, pretreatment equipment

[mixers, blowers, etc.], environmental monitoring stations, and a piping/pump network); and

stormwater management devices and structures. Ancillary facilities that serve the landfill

including scales/scalehouse facility, administrative offices, and equipment maintenance facilities

are currently in place. The existing equipment maintenance facilities are located within the

proposed Phase X expansion footprint and will be relocated. The landfill disposal cells will

consist of structural fill, liner system, leachate collection system, refuse, final cover “cap”,

groundwater monitoring network, and a gas extraction system. Equipment to be used in the

construction and development of the landfill will include excavators, dozers, off-road dump

trucks, graders, soils and trash compactors and water trucks for dust suppression (See Landfill

Cross Section Diagram). Construction of Phase V and Phase X would permanently impact

jurisdictional waters of the U.S. including 2,244 linear feet of stream and 0.55 acre of wetland.

Phases VI through IX would be constructed entirely in uplands and will not impact any

jurisdictional waters of the U.S. Table 1 presents a schedule for the proposed expansion.

Table 1. Proposed Expansion Schedule [download PDF for formatting]





Gross Design



Life Span Area


V 2018 1,064,000 5 19.2

X 2023 1,489,000 5 31.8

VI 2028 1,031,000 5 12.3

VII 2033 1,030,000 5 12.1

VIII 2038 1,035,000 5 13.3

IX 2043 1,037,000 5 13.6


Expansions** 2048 21,420,000 110.3

Total 28,106,000 140.3 102.3


* The Gross Design Capacity is the volume between the top of the operational cover and the top of the final cover


** The vertical expansions will be permitted in 5 year increments. Liner system construction is not necessary for vertical

expansions because they are located above existing phases with waste already in place. The gross capacity listed

for the vertical expansion is actually the operational capacity (volume available for waste placement) since the

final cover has already been accounted for in the previous calculations for the other phases.

Avoidance and Minimization

The applicant provided the following information in support of efforts to avoid and/or minimize

impacts to the aquatic environment: All jurisdictional waters including approximately 5,955

linear feet of jurisdictional streams and approximately 2.75 acres of jurisdictional wetlands were

delineated, field-verified by the U.S. Army Corps of Engineers - Wilmington District, and

surveyed by a professional land surveyor. The entire 375-acre tract is owned and operated by

Rowan County. Preliminary designs for the proposed landfill expansions were adjusted to avoid

and/or minimize impacts to jurisdictional areas based on the surveyed plat. Location and

distribution of jurisdictional waters on the property and the physical footprint of existing and

proposed expansion phases were considered in developing alternative designs.

Stringent measures will be emphasized to control sediment and erosion control prior to any

ground disturbance. Erosion/sediment control devices will be designed according to the North

Carolina Erosion and Sediment Control Planning and Design Manual to prevent the erosion and

migration of sediment off-site.

Stormwater devices will be developed to control nonpoint-source pollution runoff from the

landfill that could have an adverse effect on aquatic species and water quality of the nearby


Compensatory Mitigation

The applicant offered the following compensatory mitigation plan to offset unavoidable

functional loss to the aquatic environment: Compensatory mitigation will be required for

unavoidable impacts to jurisdictional water of the U.S. once all appropriate avoidance and

minimization measures have been exhausted. Construction of Phase V and Phase X would

permanently impact jurisdictional waters of the U.S. including 2,244 linear feet of stream and

0.55 acre of wetland. Phases VI through IX would be constructed entirely in uplands and will

not impact any jurisdictional waters of the United States. The applicant is proposing to mitigate

for impacts W1, W3, S1, S2, S3, S5 and S6 at a 1:1 ratio and impacts W2 and S4 at a 2:1 ratio.

This proposed mitigation would total 0.90 acre of wetland and 2,928 linear feet of stream credit.

The amount of mitigation to compensate for unavoidable impacts to jurisdictional water of the

U.S. will be determined as future phase design plans are finalized. Rowan County may also

pursue stream or wetland restoration, enhancement or preservation on county-owned land offsite,

but within the same HUC in order to meet future mitigation needs. Rowan County may also

explore the option of paying into an approved mitigation bank to offset impacts as permanent

impacts are finalized. As of this date, no approved stream or wetland mitigation bank credits are

available in HUC 03040102; however, banks may become available as future Phases are

developed. Rowan County may elect to pay into the North Carolina Ecosystem Enhancement

Program's in-lieu fee program at ratios determined by the USACE based on the qualitative

characteristics of the jurisdictional features impacted should no other mitigation options be


Essential Fish Habitat

Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this Public

Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps’ initial

determination is that the proposed project would not effect EFH or associated fisheries managed

by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine

Fisheries Service.

Cultural Resources

Pursuant to Section 106 of the National Historic Preservation Act of 1966, the Corps consulted

the latest published version of the National Register of Historic Places and initially determines

that designated historic properties or properties listed as being eligible for inclusion therein

are neither located within the project area nor would be affected by the proposed work.

Presently, unknown archeological, scientific, prehistoric, or historical data may be located within

the project area and/or could be affected by the proposed work.

Endangered Species

Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area, examined

all information provided by the applicant and consulted the latest North Carolina Natural

Heritage Database. Based on available information:

The Corps determines that the proposed project would not affect federally listed endangered

or threatened species or their formally designated critical habitat.

The Corps determines that the proposed project federally listed endangered or

threatened species or their formally designated critical habitat. The Corps initiates

consultation under Section 7 of the ESA and will not make a permit decision until the

consultation process is complete.

The Corps is not aware of the presence of species listed as threatened or endangered or their

critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA)

within the project area. The Corps will make a final determination on the effects of the proposed

project upon additional review of the project and completion of any necessary biological

assessment and/or consultation with the U.S. Fish and Wildlife Service and/or National Marine

Fisheries Service.

Other Required Authorizations

The Corps forwards this notice and all applicable application materials to the appropriate State

agencies for review.

North Carolina Division of Water Quality (NCDWQ): The Corps will generally not make a

: The Corps will generally not make a

final permit decision until the NCDWQ issues, denies, or waives State Certification required by

Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public

notice combined with appropriate application fee at the North Carolina Division of Water

Quality Central Office in Raleigh constitutes initial receipt of an application for a 401 Water

Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on this

request for certification within sixty days of the date of the receipt of this notice in the NCDWQ

Central Office. Additional information regarding the Clean Water Act Certification may be

reviewed at the NCDWQ Central Office, Wetlands, Buffers, Stormwater Compliance and

Permitting Unit, 512 North Salisbury Street, Raleigh, North Carolina 27604-2260. All persons

desiring to make comments regarding the application for certification under Section 401 of the

Clean Water Act should do so, in writing, by July 13, 2013 to:

NCDWQ Central Office

Attention: Ms. Karen Higgins

(USPS mailing address): 1650 Mail Service Center, Raleigh, NC 27699-1650


(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604

North Carolina Division of Coastal Management (NCDCM): The application did not include

The application did not include

a certification that the proposed work complies with and would be conducted in a manner that is

consistent with the approved North Carolina Coastal Zone Management Program. Pursuant to 33

CFR 325.2 (b)(2) the Corps cannot issue a Department of Army (DA) permit for the proposed

work until the applicant submits such a certification to the Corps and the NCDCM, and the

NCDCM notifies the Corps that it concurs with the applicant’s consistency certification. As the

application did not include the consistency certification, the Corps requests, via this Public

Notice, concurrence or objection from the NCDCM.


The decision whether to issue a permit will be based on an evaluation of the probable impacts

including cumulative impacts of the proposed activity on the public interest. That decision will

reflect the national concern for both protection and utilization of important resources. The benefit

which reasonably may be expected to accrue from the proposal must be balanced against its

reasonably foreseeable detriments. All factors which may be relevant to the proposal will be

considered including the cumulative effects thereof; among those are conservation, economics,

aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife

values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,

navigation, shoreline erosion and accretion, recreation, water supply and conservation, water

quality, energy needs, safety, food and fiber production, mineral needs, considerations of

property ownership, and, in general, the needs and welfare of the people. For activities involving

the discharge of dredged or fill materials in waters of the United States, the evaluation of the

impact of the activity on the public interest will include application of the Environmental

Protection Agency’s 404(b)(1) guidelines.

Commenting Information

The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies

and officials, including any consolidated State Viewpoint or written position of the Governor;

Indian Tribes and other interested parties in order to consider and evaluate the impacts of this

proposed activity. Any comments received will be considered by the Corps of Engineers to

determine whether to issue, modify, condition or deny a permit for this proposal. To make this

decision, comments are used to assess impacts on endangered species, historic properties, water

quality, general environmental effects and the other public interest factors listed above.

Comments are used in the preparation of an Environmental Assessment (EA) and/or an

Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act

(NEPA). Comments are also used to determine the need for a public hearing and to determine the

overall public interest of the proposed activity.

Any person may request, in writing, within the comment period specified in this notice, that a

public hearing be held to consider the application. Requests for public hearings shall state, with

particularity, the reasons for holding a public hearing. Requests for a public hearing shall be

granted, unless the District Engineer determines that the issues raised are insubstantial or there is

otherwise no valid interest to be served by a hearing.

The Corps of Engineers, Wilmington District will receive written comments pertinent to the

proposed work, as outlined above, until 5pm, June 13, 2013. Comments should be submitted to

Mr. Steve Kichefski, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208,

Asheville, North Carolina 28801-5006, at (828) 271-7980 ext 234.