N0467 LCIDN26NorthsideLCID

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
March 15, 2000
Mr. Bobby Godwin, Landowner
7339 Ramsey Street
Fayetteville, North Carolina 28301
Ref: Norths ide Land Clearing & Inert Debris Notification
located in Linden, Cumberland County as described by
the deed recorded in BOOR: 4940 PAGE: 337.
Dear Mr. Godwin:
The Solid Waste Section (SWS) has received the Land Clearing
and Inert Debris landfill notification signed by you on 15
February 2000, received by SWS on 15 February 2000.
Disposal activities must remain under 2 acres, to operate
under the provisions of this notification. An individual
permit from the Section is not required for these disposal
activities, and the following applies:
(a) . The owner of the land where the 1 andf ill is
located must notify the Division on a prescribed
form, duly signed, notarized, and recorded as per
Sub -item (2) (b) of this Rule. The operator of the
landfill , if different from the land owner,
shall also sign the notification form.
(b) . The owner must file the prescribed notification
form for recordation in the Register of Deeds'
Office. The Register of Deeds shall index the
notification in the grantor index under the name
of the owner of the land in the county or
counties in which the land is located. A copy of
the recorded notification, affixed with the
Register's seal and the date, book and page
number of recording shall be sent to the Division
of Waste Management.
1646 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1646
401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Mr. Godwin
Page 2
March 15, 2000
Please note, based on a site visit by SWS personnel on 10 March
2000 the following comments are provided:
1. Enclosed with this letter is a copy of a wetlands map prepared
by the National Wetlands Inventory (NWI) that indicates a large
wetland feature, approximately 3 .5 to 4 . 0 acres on the site.
Based on topography at the site, the wetland appears to exist
in the excavated borrow area in the middle of the property. As
we discussed at the 10 March site meeting, site specific
delineation by a wetlands professional is highly recommended
to ensure activities at the -site do not encroach/impact the
wetland area (s) ;
2. Relocating/re-routing the stream feature that bisects the
property is the jurisdiction of the Corp of Engineers and/or
the North Carolina Water Quality Section. Prior to any
disturbance or impact to this feature contact the appropriate
agencies for information concerning re-routing of this stream;
3. In accordance with .0564 (9) (a) wetland feature (s ) shall be
buffered 50' in accordance with G.S. 143-212( copy enclosed,
along with a copy of the definition of a wetland from 15A NCAC
2B .0200 Procedures for Assignment of Water Quality
Standards). Any waste LCID materials shall be 50' from the
wetland feature/limits of the old borrow area unless a site
delineation in accordance with item #1 above indicates that
the wetland perimeter is different from the NWI map;
4. Based on buffers from the wetland area and a 100' buffer to
the northern property line, it appears that a 2 acre site can
be located behind the existing tobacco barn as shown on the
enclosed copy of the NWI map;
5. Also enclosed with this document is a copy of a 100 year
floodplain map obtained from the Cumberland County Engineering
Dept. The apparent 100 year floodplain elevation, for this
area of Cumberland County, has not been established thru
detailed study by the Federal Emergency Management
Agency (FEMA) or the Corp of Engineers (CORP) . The limits of
study end outside the town limits of Linden as indicated on
the enclosed map. According to this map, the 100 year
floodplain elevation is 103 MSL within the banks of Little
River. Upstream from this location the 100 year floodplain is
expected to be higher. As a reminder no part of a LCID
landfill shall be located in a 100 year floodplain in
accordance with .0564(l).

Mr. Godwin
Page 3
March 15, 2000
6. As a reminder any land disturbing activity associated with a
LCID landfill is regulated by the Land Quality Section (LQS) .
Contact Dennis Shackelford with the LQS in the Fayetteville
Regional Office at 910-486-1191 for information relating to
LQS issues and when a mining permit/erosion control plan is
required.
As a reminder, the information provided above is based on
information obtained by the SWS and locations are estimates based
on information related to on -site features and topography. If
precise survey information is needed for locating the LCID landfill
in relation to the on -site wetlands, floodplain- or property lines
then a qualified professional engineer and or surveyor should be
retained to provide this service.
If this property is sold, leased, conveyed or transferred, the deed
or other instrument of transfer shall contain in the description
section, in no smaller type than used in the body of the deed or
instrument, a statement that the property has been used as a Land
Clearing and Inert Debris landfill.
Amendments or revisions to the Solid Waste Management Rules or
violation of groundwater standards may necessitate modification of
the construction and operation of this facility or closure of this
facility. If information in the notification is found to be
inaccurate or false, then compliance action by the Solid Waste
Section and/or the local government with jurisdiction may result
in closure of this facility.
If you have any questions or if
assistance, please do not hesitate to
Management Specialist, Mr. Ikie Guyton
1191. ;
i
T ank
m B er
astern Area Engineer
Solid Waste Section
CC: Dexter Matthews
Jim Coffey
Mark Fry
IkIe Guyton
we can provide any other
contact the Regional Waste
or Jim Barber at ( 910 ) 4 8 6 -
O Central File: Cumberland County Notification file
Builtright Steel Erector
8023 Land Road
Linden, N.C. 28356
Attn: Donald Raynor, Sr.

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-more than five years.
(5) Landfilling of land clearing and inert debris generated solely from, and within the
right of way of, North Carolina Department of Transportation projects shall be subject
to the following:
(a) Only waste types as described in Sub -item (1)(a) of this Rule may be disposed of
within the Department of Transportation right of way.
(b) Waste is landfilled within the project right of way from which it was generated.
(c) The disposal area shall not exceed two contiguous acres in size.
(d) Disposal sites shall comply with the siting requirements of Rule .0564 of this Section
except for Item (10).
(e) Disposal sites are not subject to the requirements of Item (2) of this Rule and Rule
.0204 of this Subchapter.
(6) Landfills that are currently permitted as demolition landfills are required to comply
with the following:
(a) Only waste types as described in Sub -item (3)(a) of this Rule may be accepted for
disposal, as of the effective date of this Rule unless otherwise specified in the
existing permit.
(b) Operations must be in compliance with Rule .0566 of this Section as of the effective
date of this Rule.
(c) Existing demolition landfills must comply with the siting criteria requirements of
these Rules as of January 1, 1998 or cease operations and close in accordance with
these Rules.
History Note: Statutory Authority G. S. 130A-294; 130A-301; E,�`.' January 4, 1993.
.0564 SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS (LC11D)
LANDF'II.I.S
The following siting criteria shall apply for Land Clearing and Inert Debris (LCID) landfills:
*v) Facilities or practices, shall not be located in the 100-year floodplain.
(2) Facilities or practices shall not cause or contribute to the taking of any endangered or
threatened species of plants, fish, or wildlife.
(3) Facilities or practices shall not result in the destruction or adverse modification of the
critical habitat of endangered or threatened species as identified in 50 CFR Part 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 Resources, Division of Solid Waste Management, 401 Oberlin
Road, Raleigh, North Carolina 27605 where copies can be obtained at no cost.
(4) Facilities or practices shall not damage or destroy an archaeological or historical site.
(5) Facilities or practices shall not cause an adverse impact on a state park, recreation or
scenic area, or any other lands included in the state nature and historic preserve.
(6) 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.
(8) Land Clearing and Inert Debris landfills shall meet the following surface and ground
water requirements:_ _,,
(a) Facilities or practices shall not cause a discharge of pollutants into waters of the state
Page 22

that is in violation of the requirements of the National Pollutant Discharge
Elimination System (NPDES), under Section 402 of the Clean Water Act, as
amended.
(b) Facilities or practices shall not cause a discharge of dredged materials or fill material
into waters of the state that is in violation of the requirements under Section 404 of
the Clean Water Act, as amended.
(c) Facilities or practices shall not cause non -point source pollution of waters of the state
that violates assigned water quality standards.
(d) Waste in landfills with a disposal area greater than two acres shall be placed a
minimum of four feet above the seasonal high water table, except where an
alternative separation is approved by the Division.
(e) Waste in landfills with a disposal area less than two acres shall be placed above the
seasonal high water table.
�(9) The facility shall meet the following minunum buffer requirements:
.*(a) 50 feet from the waste boundary to all surface waters of the state as defined in G.S.
143-212.
*'(b) 100 feet from the disposal area to property, lines, residential dwellings, commercial
or public buildings, and wells.
(c) Buffer requirements may be adjusted as necessary to insure adequate protection of
public health and the environment.
(10) The facility shall meet all requirements of any applicable zoning ordinance.
History Note: Statutory Authority G. S. 130A-294; E, . January 4, 1993.
.0565 APPLICATION REQi;fIR;EMENTS FOR LAND CLEARING/INERT DEBRIS
(LCID) LANDFILLS
Five sets of plans, maps, and reports shall be required with each application. The seal of a
professional engineer is required when submitting plans for a Land Clearing and Inert Debris
(LCID) landfill.
(1) The following information is required in order to review and approve the siting of a
Land Clearing and Inert Debris (LCID) landfill:
(a) An approval letter from the unit of local government having zoning authority over
the area where the facility is to be located stating that the site meets all of the
requirements of the local zoning ordinance, or that the site is not zoned.
(b) Location on a county road map.
(c) Information showing that the bottom elevation of the waste shall be four feet above
the seasonal high water table. Seasonal high water table elevations shall be obtained
from on site test borings, test pits, or from other geological or water table
investigations, studies, or reports from the immediate area of the proposed facility.
(d) A written report indicating that the facility shall comply with all the requirements set
forth under Rule .0564 of this Section.
(e) A copy of the deed or other legal description of the site that would be sufficient as a
description in an instrument of conveyance, showing property owner's name.
(f) Any other information pertinent to the suitability of the proposed facility.
(2) The following shall be provided on a map or aerial photograph with a scale of at least
one inch equals four hundred feet showing the area within one-fourth mile of the site:
(a) Entire property or portion thereof owned or leased by the person providing the
Page 23

§ 143-212 STATE DEPARTMENTS, INSTITUTION'S, AND COMMISSIONS 596
ronment, Health, and Natural Re-
rights, by enacting legislation to seek state ad.
sources as shall be necessary to admin-
ministration of the Federal Water Pollution Con.
ister a complete program of water and
trol Act the General Assembly did not intend to
u: �
air conservation, pollution abatement
act with respect to common law riparian rights for
and control and to achieve a coordinated
waste discharges in excess of a National Pollutant
r ' '
effort of pollution abatement and con-
Discharge Elimination System permit. Biddix v,
Henredon Furn. Indus. Inc. 76 N.C. A PP 30, 331
u
trol with other jurisdictions. Standards
S.E.2d 717 (1985).
of water and air purity shall be designed
Common -Law Actions of Nuisance and
to protect human health, t0 prevent in
Continuing Trespass Not Preempted. -- The
jury to plant and animal life, to prevent
Clean Water Act does not preempt the common_
= :
damage to public and private property,
law actions of nuisance and continuing trespass to
-
to insure the continued enjoyment of the
land for the discharge of industrial waste in viola.
natural attractions of the State, to en-
tion of an applicable National Pollutant Discharge
courage the expansion of employment
Elimination System permit. Biddix v. Henredon
s
opportunities, to provide a permanent
Furn. Indus., Inc., 76 N.C. App. 309 331 S.E.2d 717
5
foundation for healthy industrial devel-
(1985).
opment and to secure for the people of
The very complex and comprehensive set of reg-
North Carolina, now and in the future,
ulato requirements and controls established
rY q un-
der the pertinent provisions of Chapter 143 of the
the beneficial uses of these great natu-
General Statutes are clearly distinguishable from
ral resources. It is the intent of the Gen-
the parameters of a private nuisance as that term
eral Assembl that the powers and du-
y e p
was understood under common law. State ex rel.
ties of the Environmental Managemer_t
Cobey v. Ballard, 110 N.C. App. 486, 429 S.E.2d
Commission and the Department of En-
735 (1993).
vironment, Health, and Natural Re-
The case at bar should have been charac-
=.
sources be construed so as to enable the
terized as an action in nuisance, thus qualify-
a
Department and the Commission to
in it as a cause of action which existed at the
g
qualify to administer federally man -
qualify
adoption of our State's 1868 Constitution and sat -
z
dated programs of environmental man -
the first prong of the test in State ex rel.
agement and to qualify to accept and
Rhodes v. Simpson, 325 N.C. 514, 385 S.E.2d 329
n
µ
administer funds from the federal goy-
(1989). State ex rel. Cobe v. Ballard 110 N.C.
y '
App. 486, 429 S.E.2d 735 (1993).
ernment for such programs. (1951, c.
Quoted in Lewis v. White, 287 N.C. 625, 216
�v
606; 1967, c. 892, s. 1; 1973, c. 1262, s.
S.E.2d 134 (1975).
~
23; 1977, c. 771, s. 4; 1979, 2nd Sess., c.
Cited in State ex rel. Tenn. Dep't of Health &
1158, s. 2; 1989, c. 135, s. 1; c. 727, S.
Env't v. Environmental Mgt. Comm'n, 78 N.C.
=
218(102).)
App. 763, 338 S.E.2d 781 (1986); In re Envtl. Mgt.
x7i
Comm'n, 80 N.C. App. 1, 341 S.E.2d 588 (1986).
Cross References. — As to organization of the
'
Department of Environment, Health, and Natural
§ ] 43-212. Definitions.
Resources, see § 143B-279.1 et seq. As to the En-
vironmental Management Commission, see
Unless a different meaning is re-
e];
§§ 143B-282 through 143B-285.
uired b the context, the followingdef-
q y
f..
Legal Periodicals. --- For comment on this ar-
title, see 29 N.C.L. Rev. 365 (1951�.
initions apply to this Article and Arti-
For article, "Introduction to Water Use Law in
cles 21A and 21B of this Chapter:
`Area
North Carolina," see 46 N.C.L. Rev. 1 (1967).
(1) of the State" means a mu-
y
For note on coastal land use development and
nicipality, a county, a portion
area -wide zoning, see 49 N.C.L. Rev. 866 (1971).
of a county or a municipality,
For note on estuarine pollution, see 49 N.C.L.
Or other substantial geographic
Rev. 921 (1971).
area of the State designated by
the Commission.
CASE NOTES
(2) "Commission" means the North
Carolina Environmental Man-
:
General Assembly's omission of citizen suit
agement Commission.
provision only bears on citizen enforcement
(3) "Department" means the De-
4-
of state regulatory scheme rather than demon-
partment Of Environment,
strating any legislative intent to preempt private
Health, and Natural Resources.
rights of action at common law. Biddix v.
(4) `person" includes individuals,
y
Henredon Furn. Indus., Inc., 76 N.C. App. 30, 331
S.E.2d 717 (1985).
firms, partnerships, aSSOCia-
General Assembly Did Not Intend to Act
tions institutions corpora -
t
with Respect to Common Law Rights. — Not-
tions, municipalities and other
withstanding the General Assembly's omission of
political subdivisions, and gov-
specific statutory language reserving common law
ernmental agencies.

S j -
qaf � q
3
r
t
597 STATE DEPARTMENTS, INSTITUTIONS, AND COMMISSIONS § 143-213
(5) "Secretary" means the Secre-
tary of Environment, Health,
and Natural Resources.
(6) "Waters" means any stream,
river, brook, swamp, lake,
sound, tidal estuary, bay,
creek, reservoir, waterway, or
other body or accumulation of
water, whether surface or un-
derground, public or private, or
natural or artificial, that is
contained in, flows through, or
borders upon any portion of
this State, including any por-
tion of the Atlantic Ocean over
which the State has jurisdic-
tion. (1987, c. 827, s. 152A;
19891 c. 727, s. 218(103); 1989
(Reg. Sess., 1990), c. 1004, s.
19(b); 1991 (Reg. Sess., 1992), c.
1028, s. 1.)
Editor's Note. -- Session Laws 1989 (Reg.
Sess., 1990), c. 954, effective July 18, 1990, and
expiring July 1, 1991, provides in s. 1: "Except as
provided in Section 2 of this act and notwithstand-
ing the provisions of G.S. 153A-285, G.S.
153A-287, or any other provision of law, no entity
whether public or private, or whether acting sepa-
rately or jointly may divert any of the waters of
this State, as defined in G.S. 143-212(6), from the
basin of any named river to another nor institute
any proceeding in the nature of eminent domain
to acquire water, water rights, or lands having
water rights attached thereto for a use that will
result in waters of this State being diverted from
the basin of one named river to another."
Sections 2 and 3 of Session Laws 1989 (Reg.
Sess., 1990), c. 954 describe those diversions not
affected by the prohibitions in section 1 of the act,
and sections 4 to 6 relate to construction of the act.
A former § 143-212 was repealed by Session
Laws 1973, c. 1262, s. 23.
Effect of Amendments. — The 1991 (Reg.
Sess., 1992) amendment, effective July 24, 1992,
deleted "applicable to Article" at the end of the
catchline, and substituted the present introduc-
tOry paragraph for the former which read: "The
following definitions apply to this Article."
§ 143-213. Definitions.
Unless the context otherwise re-
quires, the following terms as used in
this Article and Articles 21A and 21B of
this Chapter are defined as follows:
(1) The term "air cleaning device"
means any method, process or
equipment which removes, re-
duces, or renders less noxious
air contaminants discharged
into the atmosphere.
(2) The term "air contaminant"
means particulate matter, dust,
fumes, gas, mist, smoke, or
vapor or any combination
thereof.
(3) The term "air contamination"
means the presence in the out-
door atmosphere of one or more
air contaminants which con-
tribute to a condition of air pol-
lution.
(4) The term "air contamination
source" means any source at,
from, or by reason of which
there is emitted into the atmo-
sphere any air contaminant.
(5) The term "air pollution" shall
mean the presence in the out-
door atmosphere of one or more
air contaminants in such quan-
tities and duration as is or
tends to be injurious to human
health or welfare, to animal or
plant life or to property or that
interferes with the enjoyment
of life or property.
(6) to (8) Repealed by Session
Laws 1987, c. 827, s. 153.
(9) Whenever reference is made in
this Article to the `discharge of
waste," it shall be interpreted
to include discharge, spillage,
leakage, pumping, placement,
emptying, or dumping into
waters of the State, or into any
unified sewer system or ar-
rangement for sewage disposal,
which system or arrangement
in turn discharges the waste
into the waters of the State.
(10) The term "disposal system"
means a system for disposing of
waste, and including sewer sys-
tems and treatment works.
(11) Repealed by Session Laws
1987, c. 827, s. 153.
(12) The term "emission" means a
release into the outdoor atmo-
sphere of air contaminants.
(13) The term "outlet" means the
terminus of a sewer system, or
the point of emergence of any
waste or the effluent there-
from, into the waters of the
State.
(14) Repealed by Session Laws
1987, c. 827, s. 153.
(15) The term "sewer system"
means pipelines or conduits,
pumping stations, and force
mains, and all other construc-
tion, devices, and appliances
appurtenant thereto, used for

ENR - ENVIRONMEN' MANAGEMENT TI SA: 02B.0200
(including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms
or their offspring.
(65) Trout waters are those waters which have conditions which shall sustain and allow for trout propagation and
survival of stocked trout on a year-round basis. These waters shall be classified by the Commission after
considering the requirements of Rule .0101(b) and (c) of this Subchapter and include all waters designated
by "Tr" in the water classification.
(66) Waste disposal includes the use of waters for disposal of sewage, industrial waste or other waste after
approved treatment.
(67) Water dependent structures are those structures for which the use requires access or proximity to or siting
within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads.
Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage
areas are not water dependent structures. _
(68) Water quality based effluent limits and best management practices are limitations or best management
practices developed by the Division for the purpose of protecting water quality standards and best usage of
surface waters consistent with the requirements of G.S. 143-214.1 and the Federal Water Pollution Control
Act as amended.
(69) Waters with quality higher than the standards means all waters for which the determination of waste load
allocations (pursuant to Rule .0206 of this Section) indicates that water quality is sufficiently greater than
that defined by the standards such that significant pollutant loading capacity still exists in those waters.
(70) Watershed means the entire land area contributing surface drainage to a specific point. For the purpose of
the water supply protection rules in 15A NCAC 2B .0104 and .0211 local governments may use major
landmarks such as highways or property lines to delineate the outer boundary of the drainage area if these
landmarks are immediately adjacent to the ridgeline.
(71) Wetlands are "waters" as defined by G.S. 143-212(6) and are areas that are inundated or saturated by an
accumulation of surface or ground water at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands classified as
waters of the state are restricted to waters of the United States as defined by 33 CFR 328.3 and 40 CFR
230.3.
History Note: Authority G.S. 143-214.1; 143-21 S. 3 (a) (1);
Eff. February 1, 1976;
Amended Eff. August 1, 1995; February 1, 1993; August 3, 1992; August 1, 1990;
RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;
Amended Eff. August 1, 1998; October 1, 1996.
.0203 PROTECTION OF WATERS DOWNSTREAM OF RECEIVING WATERS
Water quality based effluent limitations or management practices for direct or indirect discharges of waste or for
other sources of water pollution will be developed by the Division such that the water quality standards and best usage
of receiving waters and all downstream waters will not be impaired.
History Note: Authority G.S. 143-214.1; 143-215.3 (a) (1);
Eff. February 1, 1976;
Amended Eff. October 1, 1989; January 1, 1985; September 9, 1979.
ft
.0204 LOCATION OF SAMPLING SITES AND MIXING ZONES
(a) Location of Sampling Sites. In conducting tests or making analytical determinations of classified waters to
determine conformity or nonconformity with the established standards, samples shall be collected outside the limits
of prescribed mixing zones. However, where appropriate, samples shall be collected within the mixing zone in order
to ensure compliance with in -zone water quality requirements as outlined in Paragraph (b) of this Rule.
(b) Mixing Zones. A mixing zone may be established in the area of a discharge in order to provide reasonable
opportunity for the mixture of the wastewater with the receiving waters. Water quality standards will not apply within
regions defined as mixing zones, except that such zones will be subject to the conditions established in accordance with
this Rule. The limits of such mixing zones will be defined by the division on a case -by -case basis after consideration
of the magnitude and character of the waste discharge and the size and character of the receiving waters. Mixing zones
will be determined such that discharges will not:
(1) result in acute toxicity to aquatic life [as defined by Rule .0202(1) of this Section] or prevent free passage
NORTH CAROLINA ADMINISTRATIVE CODE 03110199 Page 7

5 2 3 4 - 51AIF~�+
�".
ei32 BR5234PGO f 32.~r
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FEB 15 2000
i r�YI-R�
� •�,rVC Age State of North Carolina MIMEPM N& MU
Department of environment, Health, and Natural Resources
512 North Salisbury Stmet • Raleigh, North Carolina 27604
Division of Solid Waste Management
James Q Hunt, Jr., Governor Solid Waste Section Jonathan Q Howes, Secretary
Telephone [phone]"6
LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION
Pursuant to 15A NCAC 13B .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 record 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 riot valid to authorize operation of a landfill unless complete, accurate. and recorded as
required by 15A NCAC 13B .0563121(b).
1. Facility Name: 4*?d1f1111
2. Facility location treet address):
City: ( 1✓ County: n Zip•
JF
3. The land on which
,. this landfill is located is described in the deed recorded, in::
deed book: page: county: GL��iS�Ii�
4. Name of land owner: d 2;2v�in
5. Mailing address of land owner:yy Ar►`1 jz <
City / State: /,' _..._ Zip: ��_?Ul
6. Telephone number of land owner:( R%d } `7w5( ! 9/a7�"
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: d
8. Trade or business name of operator: ; J, C+� � e e
9. Mailing address of operator: Lr
City: L State. • /Zip•
10. Telephone number of operator: Q U
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:
See attached map & Exhibit
Ma 11cnc 276W7• hale 4% Ntwth Crmhina 27(41-7697 Tek-rikm 914A.733-0*1
An Cgml Orp,)mmity Affirmative A,&, rmphmr
RECEIVED
A 2000 PM 2:15
d. 2 E' E. TATLIM
fax / 919.7334) 1OEOISTER OF DEEDS
l NPERLAND Co., N.C.

5234
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The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris ,
Landfills ogre Inv under notification.
.06e3 AFt LICABFLITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
Management of land ehsrinp and inert debris shag be In accordance with the State hierarchy for manogkg solid wash as provided for under
N.C. G. S. } 130A-309.04(m). Disposal in a landfill In considered to be the least desirable method of managing land clearing and inert debris. Where
landfiging Is necessary. the requirements of this Rule apply.
(1) An Individual permit from the Division of Solid Waste Management Is not required for Land Clearing and inert Debris (LCID) landfills that
meet all of the following conditions:
(a) The facility Is to be operated forths disposal of land clearing waste, inert debris, untreated wood, and Yard trash. Operations
must be consistent and In compliance with the local government said waste management plan so approved by the Division
of Solid Waste Management.
(b) The total disposal area is under two acres in size.
(c) The facility and practices comply with the siting criteria under Rule .0684, and operational requirements under Rule .06$8.
(di The fill activity is not exempt from, and must comply with all other Federal, State, or Local laws, ordinances. Rules,
regulations, or orders, includitV but not limited to zoning restrictions, flood plain restrictions, wetland restrictions,
sedimentation and erosion control requbenenh, and mining regulations.
121 Where an Individual permit is not required, the following applies:
Ia) The owner of the land where the landfill in located must notify the Division on a prescribed form, duly signed, notarized, and
recorded as per Rule .0563121lb). The operator of the landfill, If different from the land owner, shall also Won the notification
form.
(b) The owner must file the prescribed notification farm for recordation in the Register of Deeds' Office. The Register of Deeds
shall index the notification in the grantor index under the name of the owner of the land In the county or counties In which
the land Is located. A copy of the recorded notification, affixed with its Registaeo seal and the dab, book and page number
of recording shag be sent to the Division of Solid Waste Management.
(c) When the land on which the Land Clearing and Inert Debris Landfill Is sold, leased, conveyed, or transferred In any manner,
the dead or other instrument of trsnsfershall contain in the description section In no smaller type then that used in the body
of the deed or Instrument a statement that the property has been used as a Land Clearing and Inert Debris Landfill and a
reference by book and page to the recordation of the notification.
.0604 SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
The following siting criteria shall apply for Land Clearing and Inert Debris (LCID) landfills:
(1) Facilities or practices, shall not be located In the I00•year fkrodplain.
(2) Fecilitias or practices shag not cause or contribute to the taking of any endangered or threatened species of plants. fish, or wildlife.
13) Facilities or practices shall not result In the destructlon or adverse modification of the critical habitatof endangered ord"atened species
as Identified In 60 CFR Part 17 which In hereby Incorporated by, reference Including any subsequent amendments and editions. This
material Is available for Inspection at the Department of Environment, Health, and Natural Resources, Division of Solid Waste
Management, 401 Oberlin Road, Raleigh, North Carolina 27MG where copies can be obtained at no Brost.
(4) Facilities or practices shall not damage or destroy an archaeological or hhtorical site.
(6) Facilities or practices shag not cause an adverse impact on a state park, recreation or scenic area, or any other lands Inckded In the
state nature and historic preserve.
to) Facilities shag not be located in any wetland as defined In the Clean Water Act, Section 404(b).
171 It must be shown that adequate suitable soils are available for cover, either from on or off site.
(a) Land Clearing and Inert Debris landfills shag meet the following surface and ground water requirements:
(e1 Fecillths or practices shag not cause a discharge of pollutants into waters of the state that is in violation of tie requirements
of the National Pollutant Discharge Elimination System INPDESI. under Section 402 of the Chan Water Act, ve smerded.
;b) Facilities or praetlaas shall not caws a discharge of dredged materials or fill material Into waters of the state that is in
violation of the requirements under Section 404 of the Clean Water Act, se smended.
(c) Facilities or practices shag not cave non -point source pollution of waters of the state that violates assigned water quality
standards.
Id) Waste in landfills with a disposal area greater than two acres shall be placed a minimum of four feet above the seasons! high
water table, except where an alternative eepwation Is approved by the Division.
10) Waste in IwWfNls with s disposal one hoe than two acres shall be placed above this seasonal high water table.
Ili) The facility shall meet the following minimum buffer requirements:
la) 60 feet from the waste boundary to all surface waters of the state as defined In G.S. 143-212.
(bI 100 feet from the disposal area to property lines, residential dwellings, commercial or public buildings, and wells.
to) Buffer requirements may be adjusted as necessary to Insure adequate protection of publio-health and the anvkonmsnt.
110) The facility shag meet all requirements of any applicable ronino ordinance.
.06" OPERATIONAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
Land Cleaning and Wert Debris ILCID) landigFs deg meet the following operational mquirsmerrts:
III Opendionel plans shag be approved and followed w specified for the facility.
121 The facility shag only accept those solid wastes which It is permitted to receive.
131 Solid waste shag be rest►ichd to the smallest area feasible and compacted as densely as rose Wrto caps.
141 Adequate soil cover shag be applied monthly, or when the active one reaches one acre in ere, whichever occurs first

5234
0134
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161
120 calendar days after completion of any phase of disposal operations, or upon revocation of a permit, the disposal area shag be
covered with a minimum of one fact of suitable sob cover sloped to allow surface water runoff In s controlled manner, 71s Division
may require further action in order to correct any condition which is or may become injurious to the public health, or a nuisance to the
community.
(BY
Adequateerosion control meaures, structures, or devices shag bs utilized to prevent silt from !saving the sips and to prevent excessive
on sits erosion.
(7)
Provielom for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days dpon
completion of any phase of landfill development.
(a)
The facility shag be adequately secured by means of pates, chairs, bemw. fences, etc. to prevent unauthorized access except when
SO. operator is on duty. An Attendant shag be on duty at all times while the landfill in open for pubic use to assure compliance with
operational requirements and to prevent acceptance of unauthorized wastes.
Ill)
Access roadn shag be of all-weather construction and property maintained.
(101
Surface water shag be diverted from the working face and shall not be impounded over wants.
O l Y
Solid wants shag not be disposed of In water.
112)
Open burning of solid waste Is prohibited.
1131
The concentration of explosive genes generated by the facility shah not exceed:
(a) Twentrflvs peroent of the lower explosive limit for the gat" in facility structurse.
(b) The lower explosive limit for the gases at the property boundary,
(14)
115)
Leachate shall be property managed on site through the Los of current beat management practicer,
Should
the Division doom it necessary, ground water or surface water monitoring, or both, may be required in provided for under hulas
.0601 and .0002 of this Subchapter.
(161
A sign shag be posted at the facility entrance showing the contact name and number in cap of an emergency end the permit number.
The permit number requirement In net for
applicable facilities not requiring an Individuel permit.
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 landfill will comply with the
requirements of sections .0564 and .0566 of the 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. Where the operator is different from the land owner, I, the land owner,
have knowledge of the operator's plans to dispose of solid waste on the land and I specifically grant
permission for the operation of the landfill. I understand that both the land owner and operator 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. I further understand that North Carolina Generat Statute
130A-22 provides for administrative penalties of up to five hundred dollars (4500.00) 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 comply with all such r visions or amendments.
Print Name (Owner) Signs ure (Owner) Date
North Carolina
County
I, a Notary Public for said County and State, do hereby certify
that personally appeared before me this day and ,acknowledged the
due execution of the fo going instrument.
official seal,
this the Afttary&blic
f � _ , t9�Q.
AA
see
'kIV.
3

5234
2 3 4 PG 413 5'
r �
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
best of my knowledge. The facility siting and disposal operations of this landfill will comply with the
requirements of sections .0564 and .0566 of the 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. I have informed the land owner of my plans to dispose of solid waste on
the land and the land owner has specifically granted permission for the operation of the landfill. I
understand 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. 1 further understand that North Carolina General Statute 13OA-22 provides for administrative
penalties of up to five hundred dollars ($500.0O) per day per each violation of the Solid Waste
Management Rules. 1 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
comply with all such revisions or amendments.
.- C;k^5",a45a
Print Name (Operator) Signature (operator)-7-Date
North Carolina
County
L a Notary Public for said County and State, do hereby certify
that I an personally appeared before me this day and acknowledged the
due e?Jtigf} of`e foregoing instrument.
cial seal, this the day of ~A�tr no
or tea: V,
.�, rl •.� - Notary Public
��iv•i�ar.tf. a iL���� �-1�,, �.
�'� f711f111fIS11� .
For additional land owners and landfill operators, attach separate notarized certifications for each
additional land owner and landfill operator.
Hamucnollis
PurPowo: Notl1{catbn at Lard Clearing and Inert Debris LatuM under two (2) ecrer In she M regWred under 16 NCAC 130
.05631211a1. Contact the Solid Waste Section at the address below for father Monnetlon.
01sVibutlon: Mali completed recorded original nadficatlon to the following addrmm:
Of vision of Sold Waste Mansgon en
Solid Waste section
Pa Box 27897
Raleigh, North Carolina 27011-7ee7
19191 7334oe92
Disposition: ibis fort will be tranafs.red to the State Pow a center when m%m m value wads. Records wo be hold for agency In the
Stow Records center flue i5) additional years and than tnnafwned to the mmtody of the Archives.
4
The foregoing Certilkale ) of
Wage certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown
ob Otte first page hereof.
v� �,r rai ulvt REGISTER OF DEEDS FOR CUMBERLAND COUNTY,
By Deputy / Ass' taut -Register of Deeds

5234
0136 3.
0339
BK5234PGO
SCHEDULE A - To be attached to and made a part of a certain Warranty Deed
dated September 17, 1998 from Theodore R. Collier and wife. Sarah L. Collier
as Grantor to Bobby B. Godwin as Grantee
All of that certain tract of land, containing 31.68 acres, more or
Less, located in Carver's Creek Township, Cumberland County, North
Carolina, on United States Highway 401., bounded now or formerly as
follows: North by the Lower Little River; East by lands of Edward
J. Taylor and wife, Sheila L. Taylor; South by U.S. Highway 401;
and West by lands of Ottis B. Barefoot and James Edgar Houston
Brown, iI and wife, Delia Autry Brown.
Beginning at a stake in the northern margin of United Staters
Highway #401 said stake being the point where the western line of
that 43 acre tract conveyed to C.J. Collier by deed recorded in
Book 340 Page 472 intersects with the northern margin of U.S.
Highway 401, said stake also being the southwest corner of that
7.68 acre tract bequeathed to Theodore R. Collier in Item 4 of the
Last Will and Testament of Chalmers K. Collier as appears of record
in file #78-E-84 in the Office of the Clerk of Superior Court of
Cumberland County, North Carolina, and then running with the old
western line of the aforementioned 43 acre tract, North 21 degrees
46 minutes East 3,100 feet to Lower Little River; thence with Lower
Little River, its various courses, in an easternly direction, about
1,110 feet to a point; thence South 10 degrees 40 minutes East
2,900 feet to a point in the northern margin of United States
Highway #401; thence with said northern margin, South 64 degrees 46
minutes West 241 feet to the point of beginning, said lands
comprising all of two tracts as follows: all of that 24 acre tract
described in that certain deed from C.J. Collier and wife, Pearlie
B. Collier to Theodore R. Collier dated October i4, 1975 and
recorded in the Register of Deeds Office of Cumberland County,
North Carolina in Book 2516 Page 617; and all of that 7.68 acre
tract as bequeathed to Theodore R. Collier in Item Four of the Last
Will and Testament of Chalmers K. Collier as recorded in File 78 E
84 of the Office of the Clerk of Superior Court of Cumberland
County.
�-� (SEAL)
THEODORE R. COLLIER
A�- (SEAL)
SARAH L. COLLIER

5234
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5 2 3 4 3�APPMATION R
e i 3 s r,► FORJi
`8K 34Q U
MLISHMENT OF A BIG
PRIVATE SOLID WASTE
FEB 15 2000
. DISPOSAL SITE
EXHIBIT A DMIONOFV MMNOW
This application must be completed and submitted to the CUMBERLAND COUNTY SOLID WASTE MANAGEMENT
Department, 698 Ann Street, Fayettevilie, NC 28301-4706 for appropriate recommendation (s) in accordance with
Section 11-47 of the County Solid Waste Ordinance. All applications must be coordinated with the Inspection
Department, Planning Department, County Engineer and Health Department to obtain clearances and/or permits
from such Departments as may be required.
LOCATION OF PROPERTY:
SECTION I
0
TAX PROPERTY IDENTIFICATION NUMBER (PIN #) OF SUBJECT PROPERTY:
OWNER: �(�� 6 (� PHONE # HOME
ADDRESS: /Y� ECG WORK
OPERATOR:
d di"?" 01 ZIP CODE:
W
ADDRESS: � c� L- Ie- Aid .—
{11 /+' L 71P CODE: �35
PHONE# HOME
WORK
_yFj - 4/36
............
A. How is the property presently zoned? U
..... . .
..
B. Please indicate the acreage, type of facility, etc., to be utilized and explain the proposed use of this property
(description of waste to be accepted and technology to be utilized, as appropriate):
sk
yel Pd/
To �;:A-/,/ l-/o /�
C. Please indicate proposed da s�sn
P p y d hours of operation, number of employees, noise, odor and vector control:
Date of Application
3192'i E 1 "919' '
Siqnalure of Avolicav