80_N1109_DortonFarmsLCID_20190502

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May 22, 2019

Rusty Orbison, Operator
Dorton Farms
970 Edmiston Rd.
Mt. Ulla, NC 28115

Re: Land Clearing & Inert Debris Notification for Site Less than Two Acres in Size
Dorton Farms Notified LCID Landfill
18112 Mooresville Hwy.
Mooresville, Rowan County
Latitude: 35.61491, Longitude: -80.755402
Recordation: Book 1327 Page 4
File ID No. N1109

Dear Mr. Orbison:

The Solid Waste Section received your recorded Land Clearing and Inert Debris (LCID) landfill
notification for the above referenced facility on April 25, 2019. Please be aware that the notification
process does not satisfy the conditions for an individual LCID permit greater than two acres in size.
In accordance with 15A NCAC 13B .0563(1), facilities larger than two acres must comply with more
stringent requirements for an individual permit. Please be aware that the land owner and facility
operator will be subject to enforcement action if the facility is in violation of any of the requirements
in North Carolina Solid Waste Management Rules 15A NCAC 13B Sections .0563, .0564, and .0566.

1) When the property is sold, leased, conveyed or transferred, the deed or other instrument of
transfer shall contain in the description section a statement that clearly states the property was
used as a Land Clearing and Inert Debris landfill and shall reference the above noted deed book
and page for the Notification form. The statement shall be in type that is no smaller than the
size used in the body of the deed or instrument.

2) Amendments or revisions to the Solid Waste Management Rules or the violation of groundwater
standards may necessitate modification of the construction, operation, or closure of this facility.

3) This notification is not transferable. Any changes in ownership require that a new notification
be submitted.

4) A land clearing and inert debris landfill as defined in Rule .0101(22) means a facility for the land
disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and
rock, untreated and unpainted wood, and yard trash.

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Rusty Orbison, Operator
Dorton Farms
May 22, 2019
Page 2 of 3

a) Land Clearing Waste as defined in Rule .0101(23) as solid waste which is generated solely
from land-clearing activities, limited to stumps, trees, limbs, brush, grass, and other naturally
occurring vegetative material.
b) Yard Trash as defined in Rule .0101(55) means solid waste resulting from landscaping and
yard maintenance such as brush, grass, tree limbs, and similar vegetative materials
c) As provided under North Carolina General Statute 130A-309.09B (a)(1), used asphalt or
used asphalt mixed with dirt, sand, gravel, rock, and concrete may also be accepted for
disposal.
5) Site preparation and construction shall be in accordance with 15A NCAC 13B .0564, Siting
Criteria for LCID Landfills. Buffers to property lines, water bodies, wells, and structures must
be maintained in perpetuity unless otherwise approved by the Division.

6) The facility must be operated in accordance with 15A NCAC 13B .0566, Operational
Requirements for LCID Landfills.

7) The facility must comply with the sedimentation and erosion control requirements contained in
15A NCAC 4, Sedimentation Control. Construction and operations involving sedimentation and
erosion control activities greater than one acre typically require approval from the Land Quality
Section. You should contact the Division of Energy, Mineral and Land Resources (DEMLR) at
[phone] to determine whether your disposal activities require approval. Please note that
some local governments have delegated authority by DEMLR to require permits for land
disturbing activities less than one acre in size via local ordinance.

8) Groundwater quality at this facility is subject to the classification and remedial action provisions
of 15A NCAC 02L, Classifications and Water Quality Standards. Please contact the Division of
Water Resources at [phone] for additional information.

9) Closure of the facility shall be in accordance with 15A NCAC 13B .0566(5). The closure
requirements stipulate that at least one foot of suitable soil cover be applied within 120 calendar
days after completion of any phase of disposal operations or upon revocation of the
authorization. The soil cover must be sloped to allow surface water runoff in a controlled manner.
Please note that the regulations give the Solid Waste Section the authority to require further
actions if needed to correct any adverse condition.

Be aware that the state rules governing solid waste management (15A NCAC 13B), including the
rules applicable to land clearing and inert debris landfills mentioned above, are currently
undergoing a rule readoption process which may result in changes to some rules. Updates on
the readoption process and draft rule changes will be posted on the Solid Waste Section’s Rule
Readoption webpage here: https://deq.nc.gov/about/divisions/waste-management/solid-waste-
section/rules-review.

Please contact Kim Sue, Environmental Senior Specialist, at 704-235-2163, [e-mail]
to discuss the site review prior to beginning operations.
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Rusty Orbison, Operator
Dorton Farms
May 22, 2019
Page 3 of 3

Should you have any questions or need additional assistance, please do not hesitate to contact me
at [phone], [e-mail].

Sincerely,

Jason M. Watkins, CPM
Field Operations Branch Head
Div. of Waste Management – Solid Waste Section

cc: Jessica Montie, Environmental Program Consultant, SWS
Amanda Freeman, Compliance Officer, SWS
Deb Aja, Western District Supervisor, SWS
Kim Sue, Environmental Senior Specialist, SWS
Charles and Laura Dorton, Owners
Digitally signed by
Jason M. Watkins
Date: 2019.05.22
09:37:51 -04'00'
LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION
A Land Clearing and Inert Debris landfill as defined in 15A NCAC 13B .0101(22) means a facility for the land disposal of
land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash.
In addition to the above waste materials, used asphalt as provided for under North Carolina General Statute 130A-
309.09B(a)(1): used asphalt or used asphalt mixed with dirt, sand, gravel, rock, concrete, or similar nonhazardous material is also allowed for disposal.
Pursuant to 15A NCAC 13B .0563(2), 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 and required attachments listed in the instructions at the end of the form must be filed for recordation in the
Register of Deeds' Office. The Register of Deeds shall index the notification and attachments 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 with required attachments, accurate, recorded, and submitted to
the Division as required by 15A NCAC 13B .0563(2)(b).
1. Facility Name:
2. Facility location (street address):
City: County: Zip:
3. Directions to Site:

4. The land on which this landfill is located is described in the deed recorded in:
Deed Book: Page: County: PIN:
5. GPS Coordinates
(decimal):
Lat: Long:
6. Name of land owner:
7. Mailing address of land owner:
City: State: Zip:
8. Phone # and e-mail 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.
9. Name of operator:
10. Business name of operator:
11. Mailing address of operator:
City: State: Zip:
12. Phone # and e-mail of operator: ( )
If the landfill is operated by more than one person, attach additional sheets with the name, address, and phone number of
all additional operators:
13. Projected use of land after completion of landfill operations:

14. Date of local government zoning approval:
A copy of the local government approval shall be attached.
15. Date of response from the State Historic Preservation Office:
A copy of the response from SHPO shall be attached. Solid Waste Section staff can assist with this approval if needed.
16. Date of response from the NC Natural Heritage Program:
A copy of the response from NC NHP shall be attached. Solid Waste Section staff can assist with this approval if needed.
17. Date of approval from the NC Division of Energy, Mineral, and Land Resources, Erosion and Sediment Control, or
delegated local government program:

A copy of the DEMLR or local government approval letter or certificate shall be attached.
18. Attach a site map showing the disposal area and all applicable buffers and other siting criteria, or provide the map book and page number of the landfill plat recorded with the register of deeds:
Map Book: Map Page #:
NCNHDE-8833
April 26, 2019
Jessica Montie
NCDEQ Division of Waste Management
217 West Jones Street
Raleigh, NC 27603
RE: Dorton Farms NLCID; N1109
Dear Jessica Montie:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database, based on the project area mapped with your request, indicates
that there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary, or within a one-mile radius of
the project boundary.
Please note that although there may be no documentation of natural heritage elements within or
near the project boundary, it does not imply or confirm their absence; the area may not have been
surveyed. The results of this query should not be substituted for field surveys where suitable habitat
exists. In the event that rare species are found within the project area, please contact the NCNHP so
that we may update our records.
Please also note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may also not be redistributed without
permission.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at [e-mail] or 919.707.8603.
Sincerely,
NC Natural Heritage Program
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