HomeMy WebLinkAboutN1108_CarolinaTreeAsh_20041012Brunswick County --Register of Deeds
Robert J. Robinson
Inst #233159 Book 2024Page 1376
10/12/2004 09:11:41am Rec#�jj'7F,5/
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
Division of Solid Waste Management
James B. Hunt, Jr., Governor Solid Waste Section Jonathan 6 Howes, Secretary
Telephone (919) 7334996
LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION
Pursuant to 15A NCAC 1313 .0563(2)(a), the land owner(s) and operator(s) of any Land Clearing and
Inert Debris Landfill under two (2) acres in size shall submit this notification form to the Division prior
to constructing or operating the landfill. This form must be filed for recordation in the Register of
Deeds' Office. The Register of Deeds shall index the notification under the name of the owner(s) of
the land in the county or counties in which the land is located. The Register's seal and the date, book,
and page number of recording must be included on this form when submitted to the Division. This
notification is not valid to authorize operation of a landfill unless complete, accurate, and recorded as
required by 15A NCAC 13B .0563(2)(b).
1. Facility Name: 11 e- — LcLn Ac j42
2. Facility location (street address):-fY f78000 �q°Lq0
City: Aih County: 7t -LA � fi7 i (, _ tx zip: -tie Z c?S4d o
3. The land on which this landfill is located is described in the deed recorded in:
P
deed book: /839 page: 333 county: !dnd W!
4. Name of land owner:tea Ip , % p e De- ",,.,d s se
5. Mailing address of land owner: Q3.J m% %✓1gQ.A a - ,J
City: State: Al L Zip:aQ�b PP
6. Telephone number of land owner:{
If the land is owned by more than one person, attach additional sheets with the name, address,
and phone number of all additional land owners,
7. Name of operator: M2k Leos
8. Trade or business name of operator: Cava.&z4 %l�G� r RrK+CCG�(ji/yT_
9. Mailing address of operator: .5alne OS GLbot/R
City: State: zip:
10. Telephone number of operator:( 9/o ) B4i% - 9817
If the landfill is operated by more than one person, attach additional sheets with the name,
address, and phone number of all additional operators.
11. Projected use of land after completion of landfill operations: wood (Q
61k-ind i ngd iarmi n a
P.O. flax 27697, Raleigh, North Carolina 27611-7687 Telephone 919-73349R4 Fax 1 919-733-0513
An Equal /7O�p1nrtun1ty Affirmative Action Employe
x
Inst # 233159 Book 2024Page: 1377
The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris
Landfills operating under notification.
.010, DEFINITIONS
172) 'Land clearing waste' mean. solid we. Is .which I. generated solely from land clearing act ivit lee such as stump a, times, limbs, brush,
grass, end other naturally occumng veget.tiva material.
1731 'L.nd clearing and inen dabn. landfill' means a facility for the land disposal of land elsanng wsaU, 00mmto, brick, concrete block,
uncontaminated .oil, gravel and rock, untreated and unpainted wood, and yard trash.
(74) 'Yard trash' mean. solid waste resulting from landecapingand yard maintenance suchosbrush,gras.,tme timbm, a,dalmll,r vegetative
materials.
.0663 APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS ILCIDI LANDFILLS
Management of land clearing and inert debris shall be in accordance with the Slate hierarchy for managing solid wale as provided for under
N.C.G.S. t 130A.309.041a). DisPcsal in . landfill is cons dams to be the least desirable method of managing land clearing and inert debris. Where
Iandfilling is necessary, the requirements of this Rule apply -
ill An Individual permit from the Division of Solid Waste Management l. not required for Land Clearing and Inert Debris (LCID) landfill. that -
meet all of the following conditions.
(a) The facility is to be operated forthe disposal of land Nearing waste, Inert debris. untmatedwood, and yard trash. Operations
must be consistent and in compliance with the local government solid waste management plan as approved by the Division
of Solid Waste Management.
(b) The total disposal are. is under two acres in size.
Icl The facility and practices comply with the siting criteria under Rule .0564. and operational requirements under Rule .0666.
OId) The fill activity Is not exempt from, and must comply with all other Federal, State, or Local laws, ordinance., Rules,
P w egularicns, or orders, including but not limited to zoning restrictions, flood plain restrictions, wetland restrictions,
Oa� •,d,menI.tl.n end erosion control requirement., and mining regulations.
p (2! Where an Individual permit Is not required, the following applies
u. Isi The ownerol the lend where the landfill b located must notify the Division on a prescribed form, duty signed, notarized. and
p y recorded as per Rule .060312)Ibl. The operator of the landfill, It different from the land owner, shall slao sign the notification
f�0 form.
U
O Itil The owner must file the prescribed notification form for recordation In the Register of Dead.' Off". The Rsglaterof Dead.
ly shall index the notification In the grantor index under the name of the owner of the land In the county or counties in which
C the land is located. A copy of the recorded notification, affixed with the Registers meal and the date, book and page number
of recording shall be sent to the Division of Solid Waste Management.
(c) When the land on which the Land Clearing and Inert Debris Landfill Is sold, based, conveyed, ortrenxfered in any manner,
the deed or other Instrument of tran.fershall contain In the description section In no smaller type thus that mod In the body
of the deed or Instrument a statement that the property has been used a. a Land Clearing and In.n Debris Landfill and a
reference by book and page to the recordation of the notification.
.0664 SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS ILCIDI LANDFILLS
The following siting critaris shall apply for Land Clearing and Inert Debris ILCIDI landfills:
(1) Facilities or practices, shall not be located in the 100-year lloodplmin.
(2) Facilities or practices shall slot cause or contribute to the taking of any endangered or thm.tened species of plants, fish, or wildlife.
(3) Facilities orprecticerehall not result in the destruction or advent, modification of the critical habitat of endangered orthmatened species
es identified in 50 CFR Port 17 which is hereby incorporated by reference Including any subsequent amendments and editions. This
material is available for inspection at the Department of Environment. Health, and Natural Resourcem, Division of Solid Waste
Management, 401 Oberlin Road, Raleigh, North Carolina 27606 where epl.. can be obtained at no cost.
141 Facilities or practices shall not damage or destroy an archeeologlcal or historical site.
15) Facilities or practices shall not cause an adverse impact on a state park, recreation or scenic area, or any other land. Included in the
•rate nature and historic prosarve.
(61 Facilities shall not be located in any wetland as defined In the Clean Water Act, Section 404(b).
(7) it must be shown that adequate suitable soils are available for cover, either from on or off site.
(6) Land Clearing and Inert Debris landfills shall meet the following surface and ground water requirements:
UI Facilities or practice. shall not cause a discharge of pollutants Into waters of the state that i. in violatkm of the requirements
of the National Pollutant Discharge Elimination System (NPDESI, under Section 402 of the Clean Water Act. sit amended.
Ib) Facilities or practices shall not cause a discharge of dredged materials or fill material Into water, of the slate that Is In
violation of the requirements under Section 404 of the Clean Water Act, as amended.
(c) Facilities or practice. shall not cause non -point source pollution of waters of the state that violates naigned water quality
standard..
Id) Waste in landfills with a disposal area greater than two acres shall be placed a minimum of fourfeet abow the seasonalhigh
water table, except where on olornatlw separation is approved by the Division.
(a) Waste in landfills with a disposal area less than two acme shall be placed above the seasonal high water table.
(e) The facility shall meet the following minimum buffer requirements:
(a) 60 feet from the waste boundary to oil surface wstem of the state as defined in G.S. 143-212.
(b) 100 feet Irom the disposal are. to property lines. residential dwellings, commercial or public buildings, and wall..
(c) Buffer requirement. may be adjusted as necessary to insure adequate protection of public health and the environment.
(101 The facility shall meet all requirements of any applicable zoning ordinance.
.0666 OPERATIONAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS ILCIDI LANDFILLS
Land Clearing and Inert Debne 1LCI01 Imdlig. shall meet the following operational requirements:
(1) Operational plan. shall be approved and followed as specified for the focgity.
(2) The facility shall only accept those solid wastes which It is permitted to reoelw.
13) Solid waste shall be restricted to the smallest area feasible and compacted as densely at practical Into calls.
Idl
Adequate ..if cover shall be applied monthly, or when the active area reaches one acre in sire, whichever oc—ts lint.
151
120 calendar day. attar completion of any phase of disposal operations, or upon avocation of a permit, the disposal area shell be
covered with a minimum of one loot of suitable soil cover sloped to allow surface water runoff in a controlled manner. The Division
comay
require further action In order to correct any condition which is or may become injurious to the public health• or a nuisance to the
M
community.
14
(61
Adequate aroaloneontrof measure.• structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive
on site erosion.
V
171
Provisions for a ground cover sufficient to reatrain erosion must be accomplished within 30 working dsyr - 120 calendar days upon
fNNNO7'
completion of env phase of landfill development.
Is)
The facility shall be adequately secured by means of gotee. chains, berm., fence-, etc, to prevent unauthorized Occes■ except when
N
on operator Is on duty. An attendant shall be on duty at all time. while the landfill I. open for public we to assure compli.nce wnh
operational requirements end to prevent acceptance of unauthorized wastes.
N
19)
Access made shall be of all•wasther construction and properly maintained.
1101
Surface water shall be dlvened from the working face and shall not be Impounded over waste.
(111
Solid we.te shall not be disposed of In water.
1121
Open burning of solid wa.(e I. prohibited.
(131
The concentration of explosive gases generated by the facility shall not exceed:
0 i
1-1 Twenty-five percent of the lower explosive limit for the gases in facility structures.
lb) The lower explosive limit for the gases at the property boundary.
M
if 41
Leschate shall be properly managed on Oita through the use of current best management practices,
N
(15)
Should the Division deem It neca a a ary, 0tound water or aurfaca water monitoring, or both, may be required as pruvidad for under Rule
.0001 and .0602 of this Subchapter.
It 61
A sign shall be posted at the facility entrance showing the contact name and number in case of on emergency and the permit number.
The permit number requirement is not applicable for facilities not requiring an individual permit.
N
Certification by Land Owner:
I certify that the information provided by me in this notification is true, accurate, and complete to the
best of my knowledge. The facility siting and disposal operations of this Land Clearing & Inert Debris
F landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 13B,
o North Carolina Solid Waste Management Rules. The facility and operations of this landfill will also
ao comply with all applicable Federal, State, and Local laws, rules, regulations, and ordinances. Where
go the operator is different from the land owner, I, the land owner, have knowledge of the operator's
o Q plans to dispose of solid waste on the land and I specifically grant permission for the operation of the
g landfill. I understand that both the land owner and operator are jointly and severally liable for improper
0 0 operations and proper closure of the landfill as provided for by North Carolina General Statute 130A-
a w 309.27. i further understand that North Carolina General Statute 13OA•22 provides for administrative
penalties of up to five thousand dollars ($5,000.00) per day per each violation of the Solid Waste
Management Rules. I further understand that the Solid Waste Management Rules may be revised or
amended in the future and that the facility siting and operations of this landfill will be required to
imply with all suc revisions or amendme
`Print Name (Owner) Signature (Owner) Date
North Carolina
tuurf! du ( CV(— County
I, ) tl Vyl Use—elMO,RS , a Notary Public for said County and State, do hereby certify
th�a-QQA'Q Leo Lsr•personally appeared before me this day and acknowledged the
i1 /111/11„„1 f��Ir
f,:le �f$ckl4on gf the foregoing instrument.
rh Aid and official seal, this the day of 49,13 4,
eIll
e :Oficia eal
.� Notary Public
Lk`' .1y1�"�omilia'sion expires
Inst ff 233159 Hook 2024Page: 1379
Certification by Landfill Operator (if different from Owner): --
I certify that the information provided by me in this notification is true, accurate, and complete to the
4 best of my knowledge. The facility siting and disposal operations of this Land Clearing & Inert Debris
o landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 136,
0 go North Carolina Solid Waste Management Rules. The facility and operations of this landfill will also
o comply with all applicable Federal, State, and Local laws, rules, regulations, and ordinances. I have
a I~ informed the land owner of my plans to dispose of solid waste on the land and the land owner has
o A specifically granted permission for the operation of the landfill. I understand that both the operator and
C' o land owner are jointly and severally liable for improper operations and proper closure of the landfill as
'o providedGeneral forStabyte 1 North
CaroA-22 i a General
Statute
3 9 27. I further understand that North Carolina
penalties of up to five thousand dollars
($5,000.00).per day per each violation of the Solid Waste Management Rules. I further understand that
the Solid Waste Management Rules may be revised or amended in the future and that the facility siting
and operatio o1ff this landfill will be uired to om ith all such revi Ions or amendments.
�O�l� 01.�St, ��9 V / C 8 0LA
Print Name (Operator) Signature (Operator) Date
North Carolina
BP U)SiiIn( 1C County
I, rYl C11e. A^11MC1d1G , a Notary Public for said County and State, do hereby certify
that OQ,,P Leo GEN, tyQQS, � ✓, personally appeared before me this day and acknowledged the
due,&t@,c4; on of the foregoing instrument.
f s agd and official seal, this the t��- day of i5C.�-OS r -j-s�.
rOf ial Seta11Pf11 A y t, G.l yrvvY�f,,n ti
Notary Public
n
For additional land owners and landfill operators, attach separate notarized certifications for each
additional land owner and landfill operator.
For Corporate land owners and/or operators, use the Corporate Certifications, pages 5 and 6. Contact
the Division of Solid Waste Management for proper applicable certifications.
INSTRUCTIONS
Purpose: Notification of Land Clearing and Inert Do" Landfills under two 121 acme In size M required under 16 NCAC 138
.0663(21(al. Contact the Solid Waste Section at the address below for further Information.
Distribution: Mail completed recorded original notification to the following address:
Division of Solid Waste Management
Solid Waste Section
PO Box 27807
Ralelgh, North Carolina 27BI1.7687
10191 733.0892
Otapoaitton: TWO form will be transferred to the State Records Center when reference value ands. Records will be held for soency in the
State Records Center five 161 additional yearn and than transferred to the custody of the Archives.
Certification by Corporate Land Owner: Inst # 233159 Hook 2024Page: 1380
1 certify that the information provided by me in this notification is true, accurate, and complete to the
best of my knowledge. The facility siting and disposal operations of this Land C"learino & Inert Debris
landfill will comply with the requirements of Sections .0563, .0564 and .05' ". o+ ' 5A NCAC 138,
North Carolina Solid Waste Management Rules. The facility and operations cS r,: ;andfill will also
comply with all applicable Federal, State, and Local laws, rules, regulations, and ordinances. Where
the operator is different from the corporate land owner, the corporate land owner, has knowledge of
the operator's plans to dispose of solid waste on the land and is specifically granted permission for the
F operation of the landfill. It is understood that both the corporate land owner and operator are jointly
e o and severally liable for improper operations and proper closure of the landfill as provided for by North
00 a o Carolina General Statute 130A-309.27. It is further understand that North Carolina General Statute
13OA-22 provides for administrative penalties of up to five thousand dollars ($5,000.00) per day per
�w each violation of the Solid Waste Management Rules. It is further understood that the Solid Waste
00 0 Management Rules may be revised or amended in the future and that the facility siting and operations
of this landfill will be required to comply with all such revisions or amendments.
�a 11
(�,E� A 0 -P 0`1acyrC� S Ct410 1 C C7 g Corporation Name (Print)
Date
(Corporate Seal) Attest:
&,esident:ur. )-e - r1/914.4 r' fie
Vice -President Name (Print) ss��
rpo�ecretary
�Ne (Print)
President or Vice -President Signature v// rp
orporSignature
North Carolina
RCLUl1 ' ,� i ,(z County
a Notary Public for said County and State; do hereby certify
that , CA eJ11111„r t_ (name of secretary) Personally appeared before me this day and
acknowledged that he (or she) is secretary of
Irti3rre of
corporation), a corporation, and that by authority duly given and as the act of the corporation, the
forgoing instrument was signed in its name by its
(president or
vice-president), sealed with its corporate seal, and attested by himself (or herself) as its secretary.
r`, C n4,jj'V,bpnd -and official seal, this the _ _ day of
;`� f,..,• �f �� •. �,(' a.•g `l_ Q Cif
cial all to
' h '•. a��''" ;�,� : �,- - Notary Public
` !ly ��onm ssiifw, xpires +3
r
Inst # 233159 Book 2024Page: 1381
Certification by Corporate Landfill Operator (if different from Owner):
>�z
Sao
ao
o z
02
a E^
o22
�0 o
0
I certify that the information provided by me in this notification is true, accurate, and complete to the
best of my knowledge. The facility siting and disposal operations of this Land Clearing & Inert Debris
landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 138,
North Carolina Solid Waste Management Rules. The facility and operations of this landfill will also
comply with all applicable Federal, State, and Local laws, rules, regulations, and ordinances. The land
owner has been informed of plans to dispose of solid waste on the land and the land owner has
specifically granted permission for the operation of the landfill. It is understood that both the operator
and land owner are jointly and severally liable for improper operations and proper closure of the landfill
as provided for by North Carolina General Statute 130A-309.27. It is further understood that North
Carolina General Statute 13OA-22 provides for administrative penalties of up to five thousand dollars
($5,000.00). per day per each violation of the Solid Waste Management Rules. It is further understood
that the Solid Waste Management Rules may be revised or amended in the future and that the facility
siting and operations of this landfill will be required to comply with all such revisions or amendments.
'rporation Name (Print) Date
(Corporate Seal)
Attest:
-2s1 /� eFi Ok/yl w c 12 S; Sh e DES
President or ice -President Name (Print). � porate Secretary Name (Print)
President or Vice -President Signature orporate Secretary Signature
North Carolina
?xUA(14_'liNiC'V_ County
0 M 0n<, a Notary Public for said County and State, do hereby certify
that
(name of secretary) personally appeared before me this day and
acknowledged that he (or she) is secretary of (game Of
corporation), a corporation, and that by authority duly given and as the act of the corporation, the
forgoing instrument was signed in its name by its (president or
vice-president), sealed with its corporate seal, and attested by himself (or herself) as its secretary.
1rJ1nefffrp� faand and official seal, this the days� of
'W ial all � kNt'r�_ �JI Mn1rYLrvrt�
Notary Public
a` (® , 1
y Cti6jnrtii�Ssi S e—: xpires
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
KIM CLEMMONS
The Foregoing (or annexed) Certificate(s) of
Notary(ies) Public is (are) Certified to be Correct. 12th October 2004
This Instrument was filed for Registration on this Day of
in the Book and page shown on the First Page hereof. c
RO E J. RO INSON, Register of DeA,)