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S-611M Application 3801 Lake Boone Trail, Suite 410, Raleigh, NC 27607 | 919-662-3015 Environmental Consulting & Contracting THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY IAN SPURLOCK, P.E. ON THE DATE ADJACENT TO THE SEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. October 11, 2021 File No. 09218086.12 Ms. Nicole Smith New Hanover County – Planning and Land Use 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Subject: New Hanover County Secure Landfill – Special Use Permit Application Dear Ms. Smith: This transmittal includes the Special Use Permit Application for the New Hanover County Secure Landfill (Landfill). The Landfill is located on three contiguous parcels that was previously combined into parcel number R02300-001-017-000. The County recently purchased an eight acre parcel contiguous to the existing Landfill parcel with frontage along US Highway 421 North. Although there are not any current development plans for the new parcel, the Landfill is seeking approval to use the property for future landfill disposal, infrastructure and operations, and/or other landfill support facilities for the County’s Department of Environmental Management. Please find the application and supporting documents attached. If you have any questions or require additional information please contact Kenton Yang or myself at 919-662-0315. Sincerely, Ian U. Spurlock, P.E. Kenton J. Yang, P.E. Senior Project Professional Project Director SCS Engineers, PC SCS Engineers, PC IUS/KJY cc: Joe Suleyman – New Hanover County Kim Roane – New Hanover County Sam Hawes – New Hanover County Encl. New Hanover County Secure Landfill – Special Use Permit Application Page 1 of 6 Special Use Permit Application – Updated 02-2020 NEW HANOVER COUNTY_____________________ DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the county’s online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.5 of the Unified Development Ordinance. *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1.Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email 2.Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification Applicant Tracking Information (This section completed by staff) Case Number: Date/Time Received: Received by: Public Hearing Procedures (Optional) Pre-Application Conference 1* Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom- mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions Joe Suleyman, Director Environmental Management New Hanover County Landfill 3002 US Highway 421 North Wilmington, NC 28401 (910) 798-4403 jsuleyman@nhcgov.com 5124 US Highway 421 North Wilmington, NC 28401 8 acres R02300-001-017-000 I-2 Industrial District Resource Protection Area Page 2 of 6 Special Use Permit Application – Updated 02-2020 3.Proposed Zoning, Use(s), & Narrative Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). 4.Proposed Condition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. 5.Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: See Attachment F for the traffic count worksheet completed by the Transportation Planning Engineer from Wilmington's Planning, Development and Transportation Department Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: The County recently purchased an 8 acre parcel between the New Hanover County Secure Landfill (Parcel: R02300-001-017-000) and US-421 North which is to be added to the landfill property. The possible intent of this parcel is to be used for future landfill disposal, infrastructure and operations or other support facilities for the solid waste program. Project Narrative with supportive documentation attached. The County will continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcels and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. The County worked with the North Carolina Plant Conservation Program to identify three (3) habitat restoration areas as shown on Attachment C. Plantings of Aristida condensata and longleaf pines have been completed twice by University of North Carolina Wilmington students and faculty. The plantings were established successfully in two of the three habitat restoration areas and the third area remains protected in its natural state. The two parcels are combined to alleviate potential issues with the required 50-foot setbacks and to maximize site usage. Page 3 of 6 Special Use Permit Application – Updated 02-2020 6.Criteria Required for Approval of a Special Use Permit A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. 1.The use will not materially endanger the public health or safety if located where proposed and approved. Considerations: Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection; Soil erosion and sedimentation; Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater; or Anticipated air discharges, including possible adverse effects on air quality. 2.The use meets all required conditions and specifications of the Unified Development Ordinance. Page 4 of 6 Special Use Permit Application – Updated 02-2020 3.The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. 4.The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations: The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). Consistency with the Comprehensive Plan’s goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards.  Special Use Permit Modification Narrative o Attachment A – Parcel Deed o Attachment B – Property Survey o Attachment C – Zoning Map o Attachment D – Site Plan Drawing o Attachment E – Flood Map  Attachment F – Traffic Count Worksheet  Attachment G – Community Meeting Written Summary  Attachment H – Applicable Permit List Page | 1 NARRATIVE SPECIAL USE PERMIT MODIFICATION FOR THE NEW HANOVER COUNTY LANDFILL 7/16/2021 In 2020 New Hanover County (County) acquired an approximately 8-acre parcel of land (Parcel: R02300-001-017-000) contiguous to the existing New Hanover County Secure Landfill Facility property (Parcel: R02300-001-004-000). See Attachment A for the Parcel Deed. The County requests that the existing Special Use Permit be modified to add the new 8-acre parcel. The existing New Hanover County Secure Landfill Facility began operating in November 1981. During the permitting process, a Special Use Permit was issued by the County for development of the original facility. Since then the County has acquired and added a 273-acre parcel of land (South Property) and a 3.85-acre parcel of land (Lot 3) for the purposes of future landfill expansion, operation areas, and utilizing the land for associated uses under the Special Use Permit. The newly acquired 8-acre parcel (Lot 2) may be used for future landfill disposal, infrastructure and operations or other support facilities for the County’s Environmental Management Department. This lot will function as an extension of the existing landfill property, so it is the intent that all permits (state and local) required for the expansion will be modifications to existing permits issued to the original landfill site. A copy of the survey map of Lot 2 is included in Attachment B, showing the current New Hanover County Landfill Facility and the contiguous Lot 2. The existing Zoning for the lot is I-2 Heavy Industrial as are the other parcels abutting the 8- acre parcel. The Landfill has been in operation for over 39 years without causing environmental/health issues. It is located in the industrial corridor of US Highway 421 North in the northwest area of the County. Abutting land uses to the west of the existing landfill were developed after the landfill was established. The current facility operates in accordance with the Department of Environment Quality (DEQ) Solid Waste Permit No. 65-04, as originally issued on August 24, 1981, which has been modified from time-to-time to accommodate disposal unit expansion and other solid waste related uses. Other DEQ required permits are also in-place. The expansion sites will be permitted under the same regulations as the existing facility. Lot 2 is currently zoned as I-2 Heavy Industrial (see Attachment C). The existing site operates in compliance with current standards for sound, vibration, heat discharge, glare, odor, air quality and water quality, as applicable under federal, state, and local regulations. The new lot will have the same operations as the existing site. The purpose of this Special Use Permit modification is to allow for an expansion of the existing special use which is allowed under the New Hanover County Zoning Ordinance and meets the federal, state, and local regulations. In addition, the adjacent properties are all zoned I-2 Heavy Industrial thus no minimum buffer is required. A 50-foot setback from the US Highway 421 North side for the 8-acre parcel will be accommodated as the site is developed. The regulations through DEQ have setback requirements from the property line including that no waste may be placed within 300 feet of the property line. Cell 1, the first lined landfill in the State of North Carolina, was constructed in 1981. The unit set Page | 2 the pace in North Carolina for designs of waste management facilities, in that it included multiple layers of natural and man-made materials to protect the environment. Some 10 years later EPA established the national criteria for the design of facilities similar to the New Hanover County facility. Every cell that has been built since that initial unit has met or exceeded the federal and state requirements. The New Hanover County Landfill provides for the disposal and some processing of the waste generated in areas designated in the approved Solid Waste Management Plan, which is generally within the unincorporated area of the County and the cities and towns within the County. The disposal areas are constructed from natural and man-made materials that serve as a barrier/containment to isolate the waste from the natural environment. Within the disposal units are appropriate liquid collection system components that allow the liquids to be collected, stored, and treated prior to ultimate disposal. The treatment/storage is provided through a combination of a facultative lagoon, a biological wastewater treatment plant, a constructed wetlands treatment system and reverse osmosis treatment plant. The treated liquids are disposed of in accordance with the approved Operation Plan and discharge permits issued by the state. There are no residential uses on or near the site. Typical buildings for support of operations of the landfill will not be expected to exceed two stories in height. The maintenance bay for any new construction may slightly exceed this elevation. The disposal units’ ultimate maximum elevation will be determined through the DEQ permitting process. Landfills are developed in response to the demand for disposal capacity. That demand varies greatly depending on many factors including population growth rate of the community, economic fluctuations, and community building construction and demolition activities. Attachment D includes a drawing that reflects current and proposed site planning. The site plan drawing noted as New Hanover County Landfill Ultimate Buildout highlights the newly acquired Lot 2 parcel contiguous to the existing landfill facility shown on the drawing. The drawing also shows how the possible future disposal unit could be constructed on Lot 2. The drawing also depicts the distance from the edge of Lot 2 to the proposed possible landfill infrastructure, meeting the 50-foot setback requirement. The landfill currently provides for the disposal of New Hanover County’s waste. The need for expansion into Lot 2 merely provides for future waste disposal from the same sources that currently send their waste to the landfill. Lot 2 also provides a location for the possible relocation of other landfill buildings, infrastructure and operations necessitated by the continued buildout of the previously permitted South Property disposal units. This means that new traffic is not being generated on US Highway 421 North due to expansions. Therefore, the impacts on local traffic will not be significantly different from the current traffic on US Highway 421 North. On-site routing is designed to address access to the disposal area by those vehicles bringing the waste for disposal and for on-site maintenance and operations equipment. Parking is available at the existing scalehouse and office/maintenance building for employees and visitors. From the zoning restrictions the only anticipated setbacks apply to the frontage on US Highway 421 North for buildings and a 50 foot setback for disposal of waste. DEQ regulations are more restrictive than the local setbacks for waste and the state regulations will be adhered to. The County has maintained a buffer of at least 50-feet from all property lines except where road access or environmental monitoring systems were needed. The existing vegetation in those areas has been maintained in place as well and acts as a visual buffer. It is the intent that this Page | 3 practice will continue along property lines common to adjacent tracts to the south and west. The land classification of the site is Natural Heritage Resource Protection Area as identified with the contiguous South Property under the current Special Use Permit. As part of a sand ridge habitat area that encompasses much of the Us Highway 421 corridor, the area of development is not different than other previously developed locations. It is the intent of the permitting process to provide the maximum disposal area to meet the needs of the County citizens while addressing protection and mitigation of the sand ridge natural conditions. The current plan calls for certain areas to be maintained as dedicated natural areas to help with the preservation of the habitat. According to the flood map provided by FEMA, the area where Lot 2 is located was identified as an area of minimal flood hazard (see Attachment E). Since landfills require development of large base footprints for the disposal units, the existing scrub oaks and pines will be removed and the site graded to allow the landfill to properly operate in accordance with the DEQ permits. Trees will be maintained along areas adjacent to other parcels as a buffer zone as described above. As discussed previously, landfills are permitted by DEQ. Regulations define the criteria under which landfills are designed, constructed, and operated. Each landfill expansion requires obtaining a construction permit. Once the unit is constructed, the Engineer of Record has to certify to the construction adherence to the approved documents. Only after these steps are complete will DEQ issue the Permit to Operate that unit and the other operations at the landfill. The current landfill facility was born from a solid waste crisis in the early 1980s. The County responded to that crisis by developing the current landfill using the latest in technology, science, and engineering. The results are that the current facility remains an example of a landfill that is designed to protect the environment and is operated to provide the maximum volume of disposal of the County’s waste. It is of importance to note that after extensive searching, in 1981 the current site was the final option in developing a landfill within and for New Hanover County. More recently, legislation further limited locations that would be acceptable for landfill, which in effect virtually assures that no other landfill site in New Hanover County can be permitted. However; that is not the end of the story. Once the property reaches the maximum capacity and the entire development is closed, the property can still be used for the benefit of the County. Current site plan shown in Attachment D includes development of bicycle and nature trails, a canoe launch into Fishing Creek, and picnic areas that will be tied into an educational facility to teach about the wildlife and plant populations that are natural to that area of the County. Even as the development occurs, opportunities to preserve some of the natural conditions of the sites are being managed through avoidance of disturbing buffer areas and maintaining the natural wetlands in their original state. Additionally, borrow areas may be converted into constructed wetlands and natural areas. Through these types of efforts, the landfill site will still be an asset to the County. Upon issuance of the Special Use Permit the County will proceed with the process to gain the required permits from NCDEQ agencies. Other items attached herein include: Attachment A – Parcel Deed Attachment B – Property Survey Attachment C – Zoning Map Page | 4 Attachment D – Site Plan Drawing Attachment E – County Flood Map ATTACHMENT A PARCEL DEED ATTACHMENT B PROPERTY SURVEY H NEW HANOVER COUNTY LANDFILL SURVEY ATTACHMENT C ZONING MAP PARCEL ID: R02300-001-017-000 Zoning Districts New Hanover County NC, New Hanover County, NC Addresses Parcel Boundaries Zoning B-1 CB B-2 SC O&I AC I-1 I-2 RA AR R-5 R-7 R-10 R-15 R-20 R-20S EDZD PD RMF-L RMF-M RFMU UMXZ Conditional Zoning CUD CZD 5/26/2021, 3:39:16 PM 0 0.15 0.30.07 mi 0 0.25 0.50.13 km 1:7,132 New Hanover County, NC NHC GIS Services ATTACHMENT D SITE PLAN DRAWING ATTACHMENT E FLOOD MAP National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOODHAZARD AREAS Without Base Flood Elevation (BFE)Zone A, V, A99With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREENArea of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below.The basemap shown complies with FEMA's basemapaccuracy standards The flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 6/11/2021 at 2:39 PM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximatepoint selected by the user and does not representan authoritative property location. 1:6,000 77°59'48"W 34°19'34"N 77°59'11"W 34°19'4"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 Attachment F Traffic Count Worksheet Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared. A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TIA shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME __________________________________ PROJECT ADDRESS _______________________________ DEVELOPER/OWNER _____________________________ EXISTING ZONING _______________________________ GROSS FLOOR AREA ________________________ sq. ft. NEAREST INTERSECTION _________________________ BEFORE PROPOSED PROJECT Average Daily Traffic (Date) ____________________ LEVEL OF SERVICE (LOS) ____________________ ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: _____________________________________ (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS ________ PM PEAK HOUR TRIPS ________ (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) _______________________________ _______________________________ Person Providing Estimate Signature Peak Hour estimate confirmed by Planning & Zoning on ______________________ (Date) By __________________________________ Attachment G Community Meeting Written Summary Page | 1 New Hanover County Environmental Management Department 3002 US Highway 421 North Wilmington, North Carolina 28401 Community Meeting Written Summary Date: September 27, 2021 Re: Community Meeting for Special Use Permitting for 8-acre Parcel New Hanover County Environmental Management Department held a community meeting on Monday, September 27, 2021 from 4:00 pm to 5:00 pm at: New Hanover County Department of Environmental Management 3002 US Highway 421 North, Wilmington, NC 28401 Attendees are presented on the attached sign-in sheet (see Appendix A). The attached presentation was used during the community meeting (see Appendix B). The following written summary is provided in accordance with the UDO requirements. Summary of Issues Discussed:  Attendee asked if waste could be at the property boundary. Applicant discussed that there are state and local buffer/setback requirements from property boundaries and right-of-ways as well as water supply wells. Based on these regulatory requirements, waste will not be disposal of up to the property boundary.  Attendee asked when the 8-acre parcel may be developed. Applicant stated that due to site development plans, parcel development may not occur for years and specific development plans have yet to be completed. If the 8-acre parcel is developed into a waste disposal area, it is more than likely that it would not be developed for a number of decades.  Attendee discussed odor concerns. Applicant stated that the County is incorporating landfill closures (encapsulating waste in plastic synthetic liner per state regulations) and has started to actively capture and destroy landfill generated gases per state regulations. Descriptions of Adjustments based on Comments:  None. Applicant discussed keeping attendee posted on any development plans. Appendix A Community Information Meeting Sign-in Sheet Appendix B Community Information Meeting Presentation Community Information Meeting Monday, September 27, 2021 4:00 pm to 5:00 pm 1 New Hanover County Environmental Management  Department 1 Development Proposal •Purchase of 8-acre parcel of land (Parcel: R02300-001-017-000) •Modify SUP to include new parcel •Possible future landfill disposal, infrastructure, operations or other support facilities •I-2 •No development plans 2 In 2020, New Hanover County (County) acquired an approximately 8‐acre parcel of land  (Parcel: R02300‐001‐017‐000) contiguous to the existing New Hanover County Secure  Landfill Facility.  The County requests that the existing Special Use Permit be modified to  add the 8‐acre parcel under the current Special Use Permit. The newly acquired 8‐acre parcel (Lot 2) is intended to be used for possible future  landfill disposal, infrastructure, operations or other support facilities for the solid  waste program.  This parcel will function as an extension of the existing landfill, so  it is the intent that all permits (state and local) required for the expansion will be  modifications to existing permits issued to the original landfill site.  The existing  zoning for the parcel is I‐2 Heavy Industrial as are the other parcels abutting the 8‐ acre parcel.  Currently, there are not any development plans for the parcel.   2 3 The existing New Hanover County Secure Landfill Facility began operation in  November 1981. During the process of permitting the original facility a Special Use  Permit was issued by the County for development of that facility.  Since then the  County has acquired and added a 273‐acre parcel of land (South Property) and a  3.85‐acre parcel of land (Lot 3). Lot 2 is the subject parcel 3 4 Zoomed in 4 Application Process Scheduled to submit permit on Oct 11th 5 5 Questions Thank you for attending 6 6 Attachment H Applicable Permit List List of local, state, or federal permits required for use:  North Carolina Department of Environmental Quality, Division of Waste Management, Solid Waste Section – New Hanover County MSW Landfill (Facility Permit No. 65-04) dated July 21, 2020  North Carolina Department of Environmental Quality, Division of Energy, Mineral and Land Resources – New Hanover County Landfill (Stormwater Permit No. SW8 940414) dated September 10, 2021