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HomeMy WebLinkAbout26_N1113_Dump&Go_2020204North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919.707.8200 February 4, 2020 Sent via email to: leticia@gilmoresfarm.com Leticia Gilmore Dump & Go PO Box 6 Hope Mills, NC 28348 Re: Land Clearing & Inert Debris Notification for Site Less than Two Acres in Size Dump & Go Notified LCID Landfill 4467 Doc Bennett Road Fayetteville, Cumberland County Latitude: 34.970976, Longitude: -78.861343 Recordation: Book 10656 Pages 0704-0719 File ID No. N1113 Dear Mrs. Gilmore: The Solid Waste Section has received the Land Clearing and Inert Debris (LCID) landfill notification for the above referenced facility that was recorded on December 20, 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 wasused as a Land Clearing and Inert Debris landfill and shall reference the above noted deed bookand 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 groundwaterstandards 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 notificationbe submitted. North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919.707.8200 Leticia Gilmore Dump & Go Notified LCID Landfill February 4, 2020 Page 2 of 3 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 androck, untreated and unpainted wood, and yard trash. a) Land Clearing Waste as defined in Rule .0101(23) as solid waste which is generated solelyfrom land-clearing activities, limited to stumps, trees, limbs, brush, grass, and other naturallyoccurring vegetative material. b) Yard Trash as defined in Rule .0101(55) means solid waste resulting from landscaping andyard maintenance such as brush, grass, tree limbs, and similar vegetative materials. 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 mustbe maintained in perpetuity unless otherwise approved by the Division. 6) The facility must be operated in accordance with 15A NCAC 13B .0566, OperationalRequirements for LCID Landfills. 7) The facility must comply with the sedimentation and erosion control requirements contained in15A NCAC 4, Sedimentation Control. Construction and operations involving sedimentation and erosion control activities greater than one acre typically require approval from the Land QualitySection. You should contact the Division of Energy, Mineral and Land Resources (DEMLR) at(919) 707-9220 to determine whether your disposal activities require approval. Please note that some local governments have delegated authority by DEMLR to require permits for landdisturbing activities less than one acre in size via local ordinance. 8) Groundwater quality at this facility is subject to the classification and remedial action provisionsof 15A NCAC 02L, Classifications and Water Quality Standards. Please contact the Division ofWater Resources at (919) 707-9000 for additional information. 9) Closure of the facility shall be in accordance with 15A NCAC 13B .0566(5). The closurerequirements 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 theauthorization. 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 furtheractions 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. North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646 919.707.8200 Leticia Gilmore Dump & Go Notified LCID Landfill February 4, 2020 Page 3 of 3 Please contact David Powell, Environmental Senior Specialist, at 910-433-3350, david.powell@ncdenr.gov to discuss the site review prior to beginning operations. Should you have any questions or need additional assistance, please do not hesitate to contact me at (336) 776-9674, jason.watkins@ncdenr.gov. Sincerely, Jason M. Watkins Field Operations Branch Head Div. of Waste Management – Solid Waste Section ec: Jessica Montie, Environmental Program Consultant, SWS Amanda Freeman, Compliance Officer, SWS Drew Hammonds, Eastern District Supervisor, SWS David Powell, Environmental Senior Specialist, SWS Don Gilmore, Dump & Go Page 1 of 4 130 Gillespie Street – Post Office Box 1829 – Fayetteville, North Carolina 28302-1829 – (910) 678-7600 – Fax: (910) 678-7669 STAFF REVIEW: 8-29-19 PLANNING BOARD DECISION: N/A CASE NO: 19-091 NAME OF DEVELOPMENT: DUMP & GO, INC. PROPERTY MIA: FAYETTEVILLE SUBDIVISION REVIEW LOCATION: 4467 DOC BENNETT ROAD (SR 2212) ZONING: M(P) PIN: 0444-14-5553- OWNERS / DEVELOPER: DUMP & GO, INC ENGINEER OR DESIGNER: AVERETTE ENGINEERING PLANNING & INSPECTIONS DEPARTMENT ACTION: PLANNING BOARD DECISION: PRELIMINARY PRELIMINARY EXTENSION REVISION EXTENSION REVISION APPROVED CONDITIONALLY APPROVED CONDITIONALLY DENIED DENIED The development plat/plan you submitted to this office is conditionally approved. Your approval is subject to the following conditions: Pre- Permit Related: 1. The developer must ensure fire department access requirements have been met and submit building plans for any new buildings/renovations. 2. A recorded plat is required prior to permit application, see Plat-Related conditions below. [Sec. 4-8(b)(7), County Code] 3. Prior to permit application, the developer must provide to the Code Enforcement Section documentation of NC Department of Environmental Quality Division of Energy, Mineral and Land Resources’ (NCDEQ DEMLR) approval of the Sedimentation and Erosion control plan for this project. NCDEQ DEMLR requires a Sedimentation and Erosion control plan be submitted and approved 30 days prior to land disturbing activities if said land disturbing activity will exceed one acre. If a plan is not required, per 15ANCAC 04B.0105 “Person conducting land disturbing activity shall take all reasonable measures to protect public and private property from damage cause by such activities.” Sedimentation and erosion control measures will need to be installed to protect adjacent properties. [Sec. 4-8(b)(6), County Code; originally under County jurisdiction relinquished to NCDEQ around 2000] 4. Authorization for wastewater system construction required before other permits to be issued. The County Health Department must approve sewer plans. Lots not served by public sewer systems are required to be large enough and of such physical character to comply with the Health Department’s minimum standards. Site and soil evaluations must be conducted on the property by the County Environmental Health Department. A copy of the Health Department approval must be provided to Code Enforcement. (Note: All Health Department requirements must be met prior to issuance of final permits.) (NCGS § 130A-338 & Sec. 2306 A, County Subdivision Ord. & Sec. 1101.E, County Zoning Ord.) Permit-Related: 5. The owner/developer(s) of these lots must obtain detailed instructions from the County Code Enforcement Section, Room 101 in the Historic Courthouse at 130 Gillespie Street on provisions of the County Zoning Ordinance and any permits that may be required to place any structure within this development or to commence any use of the subject property. For additional information, the developer should contact a Code Enforcement Officer. (Chpt. 4, County Code & Sec. 107, County Zoning Ord.) 6. The developer must provide a site-specific address and tax parcel number at the time of building/zoning permit application. [Sec. 4-8(b)(2), County Code] 7. Driveway Permit Required. Construction of any new connection or alteration of any existing connection may require an approved Driveway Permit. For additional information contact the NC Department of Transportation’s (NCDOT) Division 6/District 2 office.  Diane Wheatley, Chair Cumberland County Carl Manning, Vice-Chair Cumberland County Jami McLaughlin, Town of Spring Lake Jordan Stewart, Town of Stedman Vacant Wade, Falcon & Godwin Thomas Lloyd, Town of Linden CUMBERLAND COUNTY NORT H CARO LINA  Planning & Inspections Department Joel Strickland, Acting Director Vacant, Deputy Director Vikki Andrews, Lori Epler, Cumberland County Stan Crumpler, Town of Eastover Patricia Hall, Town of Hope Mills Page 2 of 4 130 Gillespie Street – Post Office Box 1829 – Fayetteville, North Carolina 28302-1829 – (910) 678-7600 – Fax: (910) 678-7669 Change of use of subject properties shall require an approved Driveway Permit. Permits MUST be secured prior to the change or alteration of existing or proposed property use. Failure to secure required permits prior to construction or change in property usage may result in the removal of the driveway or street connections at the property owner’s expense. For additional information contact the Division 6/District 2 office. In the event that a structure (house) is built by a contractor for commercial gain and/or if property changes ownership from existing owner to builder, an approved Driveway Permit must be secured. Note: In the event the NCDOT driveway permit process alters the site plan in any manner, three copies of a revised site plan (and $25.00/$50.00 revision fee) must be submitted for staff review and approved prior to permit application. Note: The property owner most likely will be required to provide a copy of a recorded plat and deed conveying to the NCDOT that portion of the subject property located within or to be located within the right-of-way at the time of driveway permit application. [§ 136-18(29), NCGS] 8. Because the subject property is located within the Airport Overlay District and in the event that any structure is greater than 200 feet in height, the developer will be required to provide a FCC Form 7460-1 to Code Enforcement at the time of permit application. This form must be acknowledged by the FCC that the structure is not a hazard or obstruction to air traffic. (Section 8.101.D, County Zoning Ord.) 9. New development where the developer will disturb or intends to disturb more than one acre of land is subject to the Post- Construction Stormwater Management Permitting Program (Phase II Stormwater Management Requirements) administered by the Department of Energy, Minerals and Land Resources, NC Department of Environmental Quality (DEMLR NCDEQ). If one acre or more of land is to be disturbed, a copy of the State’s Post-Construction Permit must be provided to County Code Enforcement prior to the issuance of the Certificate of Occupancy. (Note: If any retention/detention basins are required for state approval of this plan, three copies of a revised plan (and $25/$50 revision fee) must be submitted and approved by Planning & Inspections.) (Sec. 2306.D, County Subdivision Ord. & 2006-246, NC Session Law) 10. Prior to application for the Certificate of Occupancy, connection to public water and sewer is required, the Public Works Commission (PWC) must approve water and sewer plans. A copy of the PWC approval must be provided to Code Enforcement. Contact Sam Powers with PWC for more information. (Section 2306 A, County Subdivision Ord. & Sec. 1403.I, County Zoning Ord.) Site-Related: 11. All uses, dimensions, setbacks and other related provisions of the County Subdivision and Development Ordinance, and County Zoning Ordinance for the M(P) zoning district must be complied with, as applicable. 12. This conditional approval is not approval of any freestanding signs. If a freestanding sign is desired, re-submittal of the site plan is required prior to application for any freestanding sign permits. Attached signage for this development must be in accordance with the applicable sign regulations as set forth in Article XIII of the County Zoning Ordinance and that the proper permit(s) must be obtained prior to the installation of any permanent signs on the property. (Note: This conditional approval is not approval of the size, shape, or location of any signs.) (Art. XIII, County Zoning Ord.) 13. For any new development, an adequate drainage system must be installed by the developer in accordance with the NC Department of Environmental Quality (NCDEQ) Manual on Best Management Practices and all drainage ways must be kept clean and free of debris. (Section 2307.A, County Subdivision Ord.) 14. For new development, all utilities, except for 25kv or greater electrical lines, must be located underground. (Section 2306.C, County Subdivision Ord.) 15. In the event a stormwater utility structure is required by the NC Department of Environmental Quality (NCDEQ), the owner/developer must secure the structure with a four foot high fence with a lockable gate, and is required to maintain the detention/retention basin, keeping it clear of debris and taking measures for the prevention of insect and rodent infestation. (Sec. 1102.O, County Zoning Ord.) 16. This review does not constitute a “subdivision” approval by NC Department of Transportation (NCDOT). A separate submittal to NCDOT will be required prior to consideration for addition to the system of any street within this development. (Sec. 2304B, County Subdivision Ord.) Plat-Related: 17. Any/All easements must be reflected on the final plat and labeled as to type of easement, reference number for document creating the easement, and the name of the agency, individual, etc. who holds the easement. 18. The NC Department of Transportation (NCDOT) stamp must be affixed to the final plat prior to submission for final plat approval by Land Use Codes. Note: The property owner most likely will be required to provide a copy of a recorded plat and deed conveying to the NCDOT that portion of the subject property located within or to be located within the right-of-way at the time of driveway permit application. 19. The notarized signature(s) of all current tax record owner(s) and notary certifications appear on the final plat when submitted for final approval. (Section 2503 D, Certificate of Ownership and Dedication, County Subdivision and Development Ordinance) Page 3 of 4 130 Gillespie Street – Post Office Box 1829 – Fayetteville, North Carolina 28302-1829 – (910) 678-7600 – Fax: (910) 678-7669 20. The final plat must be submitted to Land Use Codes for review and approval for recording with the County Register of Deeds, and the plat must be recorded prior to any permit application for any structure and/or prior to the sale of any lot or unit within this development. Plat-Required Statements: 21. Since this development does not have public water/sewer, the following disclosure statement is required to be provided on the final plat (Section 2504 C, On-Site Water and/or Sewer Disclosure, County Subdivision and Development Ordinance): “The individual lots in this development do not have public sewer services available, and no lots have been approved by the Health Department for on-site sewer services at the date of this recording.” 22. Since this development is located within the Airport Overlay District as shown on the official zoning map, the following disclosure statement is required to be provided on the final plat (Section 8.101.E, Notice and Disclosure of Noise Impact Disclosure, County Zoning Ordinance): “Property shown on this plan/plat is within the Cumberland County Airport Overlay District and all or a portion of the property described hereon is within an area that is subject to an average noise level near to or exceeding 65 dnl.” Advisories: 23. The subject property sits on Doc Bennett Road and is identified as an existing thoroughfare in the 2024 Metropolitan Transportation Plan. There are no constructions/improvements planned and the subject property will have no impact on the Transportation Improvement Plan. 24. There may be wetlands located in the project area that are subject to the permit requirements of Section 404 of the Clean Water Act. To avoid a violation of federal and/or state law, it is recommended the developer contact the Office of the Army Corp of Engineers or hire an environmental consultant to identify and delineate any wetlands in the project area prior to construction. A Section 404 permit will be required if the applicant needs to fill wetlands and the permit must be obtained prior to any construction on this site. 25. The owner/developer is responsible for ensuring easements which may exist on the subject property are accounted for, not encumbered and that no part of this development is violating the rights of the easement holder. 26. Because the subject property is located within the Airport Overlay District, the developer is strongly encouraged to discuss their development plans with Land Use Codes Section and/or the Fayetteville Regional Airport Director early in the planning stage to ensure that the proposed height of any proposed structure can be found to be no obstruction or hazard to air navigation. Other Relevant Conditions: 27. The owner/developer be aware that every deed created for a lot being served by an on-site water and/or sewer system must contain the following disclosure when filed with the County Register of Deeds: “Public sewer services are not available as of the date of the recording of this deed. On-site sewer disposal systems must be approved by the County Health Department.” Thank you for doing business in Cumberland County! If you need clarification of any conditions, please contact Ed Byrne at 910-678-7609 or Jeff Barnhill at 910-678-7765 with the Land Use Codes Section; otherwise, contact the appropriate agency at the contact numbers below. Contact Information (Area Code is 910 unless otherwise stated): Subdivision/Site Plan/Plat Ed Byrne 678-7609 ebyrne@co.cumberland.nc.us Code Enforcement (Permits): Scott Walters 321-6654 swalters@co.cumberland.nc.us County Building Inspections: Michael Naylor 321-6657 mnaylo@co.cumberland.nc.us Fire Marshal – Emergency Services Kevin Lowther 321-6625 klowther@co.cumberland.nc.us Gene Booth 678-7641 wbooth@co.cumberland.nc.us County Health Department: Fred Thomas 433-3692 fthomas@co.cumberland.nc.us PWC: Joe Glass 223-4740 joe.glass@faypwc.com Sam Powers 223-4370 sam.powers@faypwc.com Fayetteville Airport Director Brad Whited 433-1160 bwhited@ci.fay.nc.us US Postal Service Jonathan R. Wallace (704) 393-4412 jonathan.r.wallace@usps.gov Corp of Engineers (wetlands): Liz Hair (910) 251-4049 hair@usacr.army.mil NCDEQ (E&S): Leland Cottrell (910) 433-3393 leland.cottrell@ncdenr.gov US Fish & Wildlife Services Susan Ladd Miller (910) 695-3323 susan_miller@fws.gov Location Services: Site-Specific Address: Will Phipps 678-7666 wphipps@co.cumberland.nc.us Tax Parcel Numbers: 678-7549 NCDOT (driveways/curb-cuts): Troy Baker 364-0601 tlbaker@ncdot.gov Transportation Planning: Katrina Evans 678 7614 kevans@co.cumberland.nc.us N.C. Division of Water Quality: Annette Lucas (919) 807-6381 annette.lucas@ncdenr.gov Page 4 of 4 130 Gillespie Street – Post Office Box 1829 – Fayetteville, North Carolina 28302-1829 – (910) 678-7600 – Fax: (910) 678-7669 OFFICIAL PRELIMINARY STAMP CUMBERLAND COUNTY CASE NO: 19-091 THIS PLAN APPROVED BY THE CUMBERLAND COUNTY PLANNING & INSPECTION DEPARTMENT ON: 8-30-19 COMMENTS: SUBJECT TO CONDITIONS I CERTIFY THAT THIS PLAN HAS BEEN APPROVED BY THE CUMBERLAND COUNTY PLANNING & INSPECTIONS DEPARTMENT AS DRAWN HEREON AND MAY BE USED FOR ANY OFFICIAL PURPOSE AS PERMITTED BY LAW. THIS APPROVAL IS VALID UNTIL: 8-30-21 GB INTERIM SUPERVISOR, LAND USE CODES