N0164 LCIDN16GarnerConstructionCo

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L Meyer, Director
April 13, 1994 Lc::.DN (t 6arnerGn4rtA�-bona.
Morgan L. Garner
Garner Construction Company
Rt.1, Box 620
Newport, NC 28570
Ref: Land Clearing & Inert Debris Notification
Mr. Garner:
The Solid Waste Section has received your Land Clearing and Inert Debris landfill notification.
As long as your disposal activities remain under 2 acres, you may operate under the provisions
of this approval. If your landfill disposal activities grow in size to more than 2 acres, please
contact the Solid Waste Section for assistance in obtaining an individual permit.
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.
This approval is not transferrable.
The Land Clearing and Inert Debris landfill is permitted to receive:
• Land Clearing Waste as provided for in 15A NCAC 13B .0101(72); stumps,
trees, limbs, brush, grass, and other naturally occurring vegetative material.
• Inert Debris and untreated wood as provided for in 15A NCAC 13B .0101(73);
concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated
and unpainted wood.
• 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,
and concrete.
Site preparation and construction shall be in accordance with 15A NCAC 13B .0564, Siting
Criteria For Land Clearing and Inert Debris (LCID) Landfills.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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State of North Carolina '! APR 1994
Department of Environment, Health, and Natural RestrceFeceived
512 North Salisbury Street • Raleigh, North Carolina 27604 \\� SoSecUon s
Division of Solid Waste Management
James B. Hunt, Jr., Governor Solid Waste Section Jonathan
Telephone [phone]
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 Pegister 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 136 .0563(2)(b).
1. cility Name?/Gr., r n or
2. Facility location (street address): P-'f % aox 6'g�)
City: County:_ L16r4oy,e.* Zip: o
3. The land on which this landfill is located is described in the deed recorded in:
deed book: 123 _ page: / county: r e-
4. Name of land owner:
5. Mailing address of lai
City ;. 1,( State: / Y Zip: c:U26
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: /lrr/' 2a arr!:Z&.r-
8. Trade or business name of operator: C-I-r) er
9. Mailing address of operator:. A
City: I/ �'uL-Y�'" State: /I/ C— Zip:
10. Telephone number of operator:l 01/q
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:
P.O. Pox 27697, Raleigh, North Carolina 27611.707 Telephone [phone] Fax / 919-733-0513
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The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris
Landfills operating under notification.
.0101 DEFINITIONS
1721 'Land clearing waste' means solid waste which is generated solely from land clearing activities such an stumps, trees, limbs, brush,
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grass, and other naturally occurring vegetative material.
1731 'Land clearing and inert debris landfill' means a facility for the lend disposal of land clearing wets, concrete, brick, concrete block,
uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash.
(741 'Yard trash' means solid waste resulting from landscaping and yard maintenance such as brush. prase, tree limbs, and slmiler vegetative
materials.
.0603 APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS ILCIDI LANDFILLS
Management of land clearing and Inert debris shall be in accordance with the State hierarchy for managing solid waste as provided for under
N.C.G.S. S 130A•309.04(a). Disposal in a landfill Is considered to be the least desirable method of managing land clearing end inert debris. Where
landtilling is necessary, the requirements of thin Rule apply,
11 I An Individual permit from the Division of Solid Waste Management is not required for Land Clearing and Inert Debris ILCID) landlille that
meet all of the following conditions:
(a) The lacility Is to be operated for the disposal of land clearing waste, Inert debris, untreated wood, and yard fresh. Operations
must be consistent and in compliance with the local government solid waste management plan as approved by the Division
of Solid Waste Management.
Ibl The total disposal area is under two acres in size,
1c► The facility and practices comply with the siting criteria under Rule .0664, and operational requirements under Rule .0666.
(d) The fill activity Is not exempt from, and must comply with all other Federal, State, or Local Iowa, ordinances, Rules,
regulations, or orders, including but not limited to zoning restrictions, flood plain restrictions, wetland restrictions,
sedimentation and erosion control requirements, and mining regulations.
121 Where an Individual permit Is not required, the following applies:
(al The owner of the land where the landfill Is located moat notify the Division on a prescribed form, duly signed, notarized, and
recorded as per Rule .0603121(b). The operator of the landfill. If different from the land owner. shall also sign the notification
form.
16) The owner must file the proscribed 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 Solid Waste Management.
(c) When the land on which the Land Clearing and Inert Debris Landfill Is sold. leased, conveyed, or traneterred in any manner,
the deed or other instrument of transfer shell contain In the description section In no smaller type than that used In the body
of the deed or Instrument a statement that the property has been used as a Lend Clearing and Inert Debris Landfill and a
reference by book and page to the recordation of the notification.
.0664 SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS (LCID1 LANDFILLS
The following siting criteria shall apply for Lend Clearing and Inert Debris ILCIDI landfills:
11) Facilities or practices, shall not be located in the 100-year floodpisin.
12) Facilities or practices shall not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife.
131 Facilities or practices shell not result in the destruction or adverse modificatlonof the critical habitat of endangered orthroatened species
as identified in 60 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 27006 where copies can be obtained at no cost,
14) Facilities or practices shall not damage or destroy an archaeological or historical site.
(6) Facilities or practices shall not cause an adverse impact on a state park, recreation or scenic area, or any other lends included in the
state nature and historic preserve,
16) Facilities shall not be located In any wetland as defined in the Clean Water Act, Section 4041b).
17) It must be shown that adequate suitable soils are available for cover, either from on or off site.
(a) Lend Clearing and Inert Debris landfills shall most the following surface and ground water requirements:
le) Facilities or practices shall not cause a discharge of pollutants Into waters of Ilia state that is in violati,.r, cf the requirements
of the National Pollutant Discharge Elimination System INPDES), 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 shell 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 then 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.
(a) Waste in landfills with a disposal area lose than two acres shall be placed above the seasonal high water table.
(9) The facility shall meet the following minimum buffer requirements:
(a) 60 feet from the waste boundary to all surface waters of the state as defined in G.S. 143-212.
(bl 100 feet from the disposal area to property lines, residential dwellings, commercial or public buildings, and wells.
(cl Buffer requirements 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 (LCID) LANDFILLS
Land Clearing and Inert Debris (LCIOI landfills shall most the following operational requirements:
III Operational plans shell be approved and followed as specified for the facility,
12) The facility shall only accept those solid wastes which It Is permitted to receive.
(3) Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical Into calls.
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14) Adequate soil cover shall be applied monthly, or when the active area roaches one acre in size, whichever occurs first.
161 120 calendar days after completion of any phase of disposal operations, or upon revocation of a permit, the disposal area shall be
covered with a minimum of one foot of suitable soil cover sloped to allow surface water runoff in a controlled manner. The 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,
(6) Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive
on site erosion.
171 Provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days upon
completion of any phase of landfill development.
(81 The facility shall be adequately secured by means of gates, chains, berms, lances, etc. to prevent unauthorized access except when
an operator Is on duty. An attendant shall be on duty at all times while the landfill Is open for public use to assure compliance with
operational requirements and to prevent acceptance of unauthorized wastes,
(9) Access roads shell be of all-weather construction and properly maintained.
(10) Surface water shall be diverted from the working face and shall not be impounded over waste.
111) Solid waste shall not be disposed of In water.
(12) Open burning of solid waste Is prohibited.
113) The concentration of explosive gases generated by the facility shall not exceed:
161 Twenty-five percent of the lower explosive limit for the gases in facility structures.
1b► The lower explosive limit for the gases at the property boundary,
(14) Leschate shall be property managed on site through the use of current best management practices.
1161 Should the Division deem It necessary, ground water or surface water monitoring, or both, may be required as provided for under Rules
.0001 and .0602 of this Subchapter.
1161 A sign shall be posted at the facility entrance showing the contact name and number In case of an emergency and the permit number.
The permit number requirement Is not applicable for facilities not requiring an Individual 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 Land Clearing & Inert Debris
landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 1313,
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. Where
the operator is different from the land owner, I, the land owner, have knowledge of the op'erator'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 irhproper
operations and proper closure of the landfill as provided for by North Carolina General Statu.ta 130A-
309.27. 1 further understand that North Carolina General Statute 130A-22 provides for administrative
penalties of up to five thousand dollars ($5,000.00) per day per each violation of the Solid Wastu
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 revisions or amend ents.
Print Name (Owner) Signature (Owner) Date
North Carolina
R2k6' c'' County
a Notary Public for said County and State, do hereby certify
/!}�
• that Lit�-�_�- G_~- -_ _ personally appeared before me this day and acknowledged the
,,,dire`,gxecution -of the foregoing instrument.
Q $ AiXil&sr"M hand and official seal, this the _31' day of /1 r1 'L 19 .
4. Q' i
(Official Seat).
Notary Public
My.tvoknmjtsiivn,.expires "2— t' 19
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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 Land Clearing & Inert Debris
landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 13B,
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. 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. I further understand that North Carolina
General Statute 130A-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 comply with all such revisions or amendments.
file l'n L �Gr� � f �' 3 3 i
Print Name (Operator) Signat re (Operator) Date
North Carolina
County
I, 13. • J. & 4J �r/' �� , a Notary Public for said County and State, do hereby certify
that % .It 4-t &" + �:R Gg,�NQ�- personally appeared before me this day and acknowledged the
r±ution of the' fofegoing instrument.
t+,9a
�„ .IlUitnes's ryly,hand and official seal, this the 3 f day of %� 'a h``'L 19
0 TA
A(O?fkiel Seal) ? _ r% -✓i . r/ �t�— _.
�'�'• t� Notary Public u
VIy� QM;048ion expires �i Z , 19
%Fora ktonAl land owners and landfill operators, attach separate notarized certifications for each
addrt}sbal land owner and landfill operator.
For`C`orporate land owners and/or operators, use the Corporate Certifications, pages 5 and 6. Contact
the Division of Solid Waste Management for proper applicable certifications.
Purpose:
Distribution;
Dlsposltion:
INSTRUCTIONS
Notification o1 Land Clearing and Inert Debris Landfills under two (2) acres in size Is required under 16 NCAC 138
.0563(2)la►. Contact the Solid Waste Section at the address below for further information.
Mail completed recorded original notification to the following address:
Divielon of Solid Waste Management
Solid Waste Section
PO Box 27007
Raleigh, North Carolina 27011.7687
[phone]
This form wlli be transferred to the State Records Center when reference value ends. Records will be held for sgency in the
State Records Cantor live 161 addldonal years and than transferred to the custody of the Archives.

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Certification by Landfill Operator (if different from Owner):
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 ClearinSl & Inert Debris
landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 1313,
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. 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. I further understand that North Carolina
General Statute 130A-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 co flpI with all such revisions or ame dmon s.
'.
Print Name (Operator) Signature (Opera or) Date
North Carolina
e% 44, County
I, AZ_ , a Notary Public for said County and State, do hereby certify
that 4 _personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
1litt §�rftx hand and official seal, this the 3 i day of /-jrl 19
" • +� Notary Public
;,My commi6'sibifexpires `%� ZL , 19
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 Debris Landfills under two (2) acres In size is required under 16 NCAC 13B
.066312)(a). 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 Wane Management
Solid Waste Section
PO Box 27007
Raleigh. North Carolina 27611-7687
1919) 733-0882
Disposition: This form will be trnnafnrred to the State Records Center when reference value end*. Records will be held for agency In the
State Records Center five 161 additional years and than transferred to the custody of the Archives.
600f
1�3 SAGE S 4

' Certification by Corporate 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
landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 13B,
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. 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
operation of the landfill. It is understood that both the corporate 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. It is further understand that North Carolina General Statute
130A-22 provides for administrative penalties of up to five thousand dollars ($5,000.00) per day per
each violation of the Solid Waste Management Rules. It is further understood that the Solid Waste
Management Rules may be revised or amended in the future and that the facility siting and operations
of this landfill will be required to comply with all such revisions or amendments.
Corporation Name (Print)
(Corporate Seal)
President or Vice -President Name (Print)
President or Vice -President Signature
North Carolina
Date
Attest:
Corporate Secretary Name (Print)
Corporate Secretary Signature
County,
a Notary Public for said County and State; do hereby certify
that (name of secretary) personally appeared before me this day and
acknowledged that he (or she) is secretary of (name of
corporation), a corporation, and that by authority duly given and as the act of the corporation, the
forgoing instrument was signed in its name by its (president or
vice-president), sealed with its corporate seal, and attested by himself (or herself) as its secretary.
Witness my hand and official seal, this the day of , 19
(Official Seal
Notary Public
My commission expires , 19
NORTH CAROLINA, CARTE"&LM4
The foregoin :+er`itir, �(.$) o
is (are) cerliti Cl io "c; .,�r" n^t. This instrument was pre -
is �eC islrq "o ne in 'k,hms offilpy in
Roofs a, ' /
This dG� a i9«t`' O'clock M.
" Register o "7eeds
Assistant, Depr

Certification by Corporate 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 Land Clearino & Inert Debris
landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 13B,
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 130A-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.
Corporation Name (Print)
(Corporate Seal)
President or Vice -President Name (Print)
President or Vice -President Signature
North Carolina
County
Date
Attest:
Corporate Secretary Name (Print)
Corporate Secretary Signature
I, , 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 (name 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.
W
Witness my hand and official seal, this the _ day of , 19
(Official Seal)
Notary Public
My commission expires , 19
"�`