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though the new requirements have become law, the North Carolina Department of Environment <br />and Natural Resources (NCDENR) has not developed new Rules to correspond with the new law; <br />therefore, the existing Rules do not correlate with the new law, and create some uncertainty <br />regarding the permitting requirements for C&D landfill expansions. <br />Due to this current inconsistency between North Carolina s Solid Waste Management Laws and <br />Regulations, CDM recommends that the first step in the expansion permitting process be a <br />meeting with the Division of Solid Waste Management to hear NCDENR's interpretation of the <br />current solid waste management laws and regulations; and, discuss how they will proceed <br />forward with the review of Permit to Construct applications for lateral expansions of existing <br />C&D landfills. <br />As part of our C&D landfill expansion development assessment, CDM will also perform an <br />airspace analysis of the C&D Landfill expansion area, and provide engineering services related to <br />Section 404 and Section 401 permitting for the proposed landfill expansion area. The airspace <br />analysis will be based on an updated topographic survey to determine the total airspace used, <br />remaining airspace, and projected life expectancy given the current rate-of waste disposal. The <br />scope of work preformed under the wetlands permitting task will also assist in determining <br />whether any regulatory road blocks exist before proceeding with the permitting process. <br />The tasks for the meeting with DENR, airspace analysis, and wetlands evaluation will be <br />performed to give the County an idea of what will be required both with regard to scope and cost <br />during the permitting process, as well as the life expectancy of the existing expansion area and the <br />time needed to obtain the permit for the next expansion area. <br />1. The Basic Services of ENGINEER as described in Section 1 of said Agreement are <br />amended and supplemented as follows: <br />TASK 1-NCDENR MEETING <br />The purpose of Task 1 is to determine the. Division of Solid Waste Management's position <br />regarding the current discrepancy between the State Laws and the State Regulations regarding <br />C&D landfill permitting, and to fully understand the scope ofwork required to permit the next <br />expansion area. According to the current Solid Waste Management Regulations, an expansion of <br />an existing C&D landfill would fall under the requirements of Solid Waste Management Rule <br />.0547(3). The County and CDM will meet with the Division of Solid Waste Management staff to <br />discuss their interpretation and approach to permitting C&D landfill expansions in light of the <br />new requirements established in Session Law 2007-550. CDM will prepare a memorandum that <br />summarizes the meeting discussion, NCDENR's position regarding permitting requirements for <br />C&D landfill expansions, and CDM's understanding of the permit documents and permitting <br />schedule required to gain approval of a Permit to Construct application. CDM will schedule this <br />meeting with NCDENR as soon as the County authorizes us to proceed. <br />Page 2 of 6 <br />~-~ <br />