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November 30, 2018 Don Jones Shelby County Office of Planning

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November 30, 2018 Don Jones Shelby County Office of Planning November 30, 2018 Don Jones Shelby County Office of Planning and Design 125 N Main St Memphis, TN 38103 RE: PD 18-42 Nutbush/Wells Station Landfill Dear Mr. Jones, Wolf River Conservancy is dedicated to the preservation and enhancement of the Wolf River and its watershed for the benefit of the public. Wolf River Conservancy opposes this landfill. The City of Memphis, Shelby County, and nonprofit organizations work daily to improve quality of life of residents and restore the floodplain. This landfill project potentially harms Memphis’ drinking water source, quality of life, and protection from flooding. Additionally, this construction and demolition (C&D) landfill creates blight for years to come, visible to thousands each day along I-40. Below are important reasons that this landfill should not be approved. Page numbers are in reference to the publicly accessible pdf of the PD 18-42 application. 1. Wetlands: the property contains 24 acres of jurisdictional wetlands (National Wetlands Inventory; also see enclosed wetlands map). These scenic and highly functioning wetlands in the Wolf River floodplain provide habitat and a natural buffer to the neighbors. Excavating 15 ft down (page 5, D.1.c.) on the site will fundamentally damage the wetland function. Wetland soils and the underlying silt and sand are not stable soils on which to build upon and are known to liquify in the earthquakes the Memphis area has. Wetlands are not suitable for C&D landfill sites and this landfill should not be approved. 2. Aquifer recharge: along the Wolf River, wetlands like these are known to recharge the Memphis Sand Aquifer. Adequate research has not been made to determine the extent of aquifer recharge in this area. The Conservancy advises that a Subsurface Breach Report be completed to determine aquifer vulnerability (i.e., determine if breaches in the protective clay layer exist). This report will indicate if the aquifer underlying this property is susceptible to pollution infiltration. Susceptibility to pollution infiltration is of grave importance because of the materials likely to be allowed in the “Class III Construction & Demolition Landfill permit from TDEC” (page 9, paragraph p.). o TDEC Rule 0400-11-01-.01 states “Class III Disposal Facility refers to a landfill which is used or to be used for the disposal of farming wastes, landscaping and land clearing wastes, demolition/construction waste, shredded automotive tires, and/or certain wastes having similar characteristics and approved in writing by the Department.” ▪ This is likely to include hazardous materials commonly found in C&D waste such as asbestos, heavy metals, persistent organic compounds and volatile organic compounds (VOCs) (Cosgun, Nilay & Salgin, Burcu. 2012). These wastes can infiltrate into groundwater despite TDEC requirements for an added clay layer. The unstable floodplain and wetland soils underneath can cause breaches in the added clay layer (i.e., infiltrate into groundwater). Our drinking water is precious, thus threatening its quality and ability to recharge should be enough to not approve this application Page 2 | Wolf River Conservancy Opposition Letter to PD 18-42 3. Floodplain: this site is frequently flooded and contains approximately 78 acres of the 100-year floodplain of the Wolf River (See enclosed map showing the FEMA 100-year floodplain). This area not only floods from heavy rains along the Wolf River, but also when the Mississippi River floods. The vast majority of the property is at or below 240 ft msl elevation (per Shelby County topography data), which is within the 100-year floodplain. “The final grade of the landfill will be elevation 291 ft msl. This is subject to change based on regulatory review and approval.” (page 5, D.1.d.). Raising the elevation of the land above 100-year floodplain will disrupt flooding patterns for communities both downstream and upstream. Raising the elevation 50 ft or more will also create a landfill mountain 47 ft above the level of Interstate-40 and even higher above some adjacent houses. This is IF they stop at 291 ft elevation. The application language, gives them the right to raise it even higher if they get approvals at the state level. The city and county will no longer have any say in the matter. The unknowns of floodplain removal and unsightly but very visible blight for years to come should be enough to not approve this application. 4. Negative for Nutbush neighborhood: Per 2016 Census data, more than 50% of the residents live below the poverty level. Heavy truck traffic, increased noise, and potential for localized flooding (from raising the elevation of the land) will hurt an already disadvantaged neighborhood. Elimination of tree canopy in a sensitive wetland area that provides vital stormwater storage could further worsen flooding issues and air quality from forest removal. Damaging a Memphis community should be enough to not approve this application. 5. Counter to HUD Resilience efforts: In 2016 Shelby County government received millions of dollars from a federal Housing and Urban Development grant to improve quality of life by reducing flood risks of neighborhoods. By raising the elevation through landfilling, this landfill will negate many of County’s efforts. Shelby County government should have a unified stance to improve neighborhoods and reduce flooding risks, especially when spending millions to do so. Resilience efforts should be enough to not approve this application. To pile on top of the negative externalities already stacked against this landfill, the planned development application itself is deficient. There are very misleading statements in their application. There are also many unanswered questions in the application. Sufficient information to approve this application is lacking. Below are key unanswered or misleading statements from their application. 1. “Portions of the site are not in the 100-year flood plan and will be developed first.” (page 7, 2.b.). “A portion of the 85 acres appears to meet the TDEC solid waste permitting requirements for a construction/demolition materials landfill (above the 100-year flood elevation, no wetland areas, impermeable clay layer) which will allow the TDEC permitting to proceed rapidly.” (page 14, paragraph 4) - If you ignore the spelling error of floodplain, this is a misleading statement. Following the state mandate (and Shelby County Unified Development Code 2.6.4 D.2.b.) to buffer residential buildings by 500 ft, there is only 300 square ft on the site that is out of the 100-year floodplain. This tiny area is located within the 100 ft buffer and landscaping easement and thus cannot be used for C&D landfill operations. Page 3 I Wolf River Conservancy Opposition Letter to PD 18-42 2. "The initial landfill development will occur in the southeastern portion of Area B ..." (page 5, D.l.f.) Area B is 100% within the 100-year floodplain. According to Shelby County Unified Development Code 2.6.4 D.2.b., in regards to general provisions for landfills: "no fill shall be located within the 100-year floodplain." This provision in the UDC should be enough to not approve this application. 3. "The size and location of the landfill will be determined as part of the TDEC permitting process." (page 14, 4th line of paragraph 2) There is not sufficient information to recommend approval of this project. 4. "An existing curb cut on Wales will be improved to allow truck access to the site." (page 6, i.1.) The problem with this statement is that most of Wales Avenue does not have the functional class to carry the large truck traffic proposed (TOOT). According to TOOT, Wales is only a minor arterial between Jackson Avenue and Graham Street. For the next nearly half mile, the street is residential with houses and churches fronting the street. Residential streets are intended for the use of the housing residents and are not constructed to handle repeated heavy truck traffic. The noise along Wales and damage to the city street is not justified. Office of Planning and Design, we hope you factor in the health of Memphis' and Shelby County's citizens and long-term ramifications wetlands and drinking water. This project should not be approved. ~~ Keith Cole W. Ryan Hall Executive Director Director of Land Conservation Enclosure (maps) Proposed Landfill (85 +/- acres) Wetlands Memphis, TN - Nutbush and Berclair Neighborhoods ¨¦§40 Rawdon Ave Kennedy Park Burrow Ave Ronnie Ave W o l f R i v e r Jackson Ave Reenie Ave 40 Tant Rd Tant Hemingway Ave ¨¦§ Mamie Ave Wales Ave Railroad Davis Cir Hartland St Wells Station µ Berkshire Ave W. Ryan Hall Chelsea Ave Landfill Property [email protected] 0 400 800 1,600 Feet Wetlands __________________ 1 inch = 800 feet 11/7/2018 Proposed Landfill (85 +/- acres) 100-year Floodplain Memphis, TN - Nutbush and Berclair Neighborhoods ¨¦§40 Rawdon Ave Kennedy Park Burrow Ave Ronnie Ave W o l f R i v e r Jackson Ave Reenie Ave 40 Tant Rd Tant Hemingway Ave ¨¦§ Mamie Ave Wales Ave Railroad Davis Cir Hartland St Wells Station Landfill Property µ Creeks Berkshire Ave W. Ryan Hall Chelsea Ave Wolf River [email protected] 0 400 800 1,600 Feet 100-yr Floodplain __________________ 1 inch = 800 feet 11/7/2018.
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