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HomeMy WebLinkAboutN0738 LCIDN11NC112 SiteState of North Carolina Department of Environment., Health and Natural Resources Division of Waste Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary William L. Meyer, Director August 15, 1996 Claude L. Edwards N. C. Department of Transportation P. 0. Box 3279 Asheville, N. C. 28802 �wnct3r� 0 1:3E HNF::Z �,cZDN I I AlC /1 51""� Ref: Land Clearing & Inert Debris Notification Mr. Edwards: The Solid Waste Section has received your Land Clearing and Inert Debris landfill notification. As long as your disposa� activities remain under 2 acres, you may operate under the provisions of this notification. 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 landf ill. 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 notification is not transferrable. The Land Clearing and Inert Debris landfill shall receive only: IJ Land Clearing Waste as provided for in 15A NCAC 13B .0101(72); stumps, trees, limbs, brush, grass, and other naturally occurring vegetative material. ID Inert Debris and untreateTwood as provided for in 15A NCAC 1313 .0101(73); concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wood. p 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, FAX 919-715-3605 Raleigh, North Carolina 27611-7687 NNm C An Equal Opportunity Affirmative Action Employer Voice 919-733-4996 1'LOT, MRS- - 50% recycled/ 10% post -consumer paper P The facility must be operated in accordance with 15A NCAC 13B .0566, Operational Requirements for Land Clearing and Inert Debris (LCID) Landfills. All sedimentation and erosion control activities shall be conducted in accordance with 15A NCAC 4, Sedimentation Control. Construction and operations involving sedimentation and erosion control activities greater than 1 acre typically require approval from the Land Quality Section. Contact theLand Quality Section to determine if your activities require approval. e Ground water quality at this facility is subject to the classification and remedial action provisions of 15A NCAC 2L, Classifications and Water Quality Standards. If you have any questions or if we can provide any other assistance, please do not hesitate to contact the Regional Waste Management Specialist, Mr. Al Hetzell at (704) 251-6208. Thank you, t Susan Leistiko Approved: C mes C. Coffey, SupdrrZisk ermitting Branch Solid Waste Section copy: Cecil Edmonds -Land owner D. R. Tolan -DOT Al Hetzell - DWM CAWRIGHT\LC1D\N0TIFY\D0T.7 i StaM- lf�h' �h"C'arZo lina ' Department of Environment, Health and Nctural Resources Division of Solid WC Management --71i B. Hunt, Jr., Governor IRV B. Howes, Secretary ever, Director AUG 2 1996 �a �EH Oil `•1�- ..! 7 -I Z., 6;1 LAND CLEARING AND INERT DEBRIS LANDFILL NOT1FiCAT10(V 5A NCAC 13B .0563(2) (a), the land owner(s) and operator(s) of any Land Clearing and Inert Debris Land•iill under two (2) acres in size shall submit this notification form to the Division or to constructing or operating the landfill. This form must be filed for recordation in the Register of Deeds' Office. The Register of Deeds shall index the notification under the name of the owner(s) of the land in the county or counties in which the land is located. The Register's seal and the date, book, and page number of recording must be included on this form when submitted to the Division. This notification is not valid to authorize operation of a landfill unless complete, accurate, recorded, and submitted to the Division as required by 15A NCAC 13B .0563(2)(b). 1. Facility Name: /1%4!�," / / 2 51 %6 � �� 2. Facility location (street address): S'kG1. city: AS4E 1L1-E Count8U1V6-0A1,;JE Zip: �,2 �� • 3. Directions to Site: •'' �'�� / /�� o M ry / p� 7- 4. The land on which this landfill is located is described in the deed recorderd in: deed book: ♦ ` 9 page: // l county: 5. Name of land owner: E-GI2a S 6. Mailing address of land owner:'5A-11CCJ--fI` Allow City: Sher State:Zi typ 7. Telephone number of land owner:( tn If the land is owned by more than one person, attach additional sheets -.-with the rye, ad,ss, and phone number of all additional land owners. --► -,;; 8. Name of operator: /I,/,- 4:�:,r D C� 9. Trade or business name of operator: �'✓ C� 10. Mailing address of operator: P, 0M c' X 3 r City: State:_ / � Zip: 11. Telephone number of operator:7676� If the landfill is operated by more than one person, attach additional sheets with the name, address, and phone number of all additional operators. _ 12. Projected use of land after completion of landfill operations: "A'g'.5 A/up P.O. Box 27687, Rcleigh, North Carolina 27611-7687 Teiephone 919-733-4996 FrX 919-715-3605 11.0 An Ec;;c; ^cc ;-; %.an 4. rmctive Action Employer 501 recycled/ 10 cest-cons:ter Pacer 01 c U « OppllVaUlllly, W Ul l , dl lU Uytf dully Urlterld lUr LdnO %,,leanng ano Inert ueorls Landfills operating under notification. F .0101 DEFINITIONS (72) 'Land clearing waste' means solid waste which is generated solely from land clearing activities such as stumps, trees, limbs, brush, grass, and other naturally occurring vegetative material. (73), "Land clearing and inert debris landfill" means a facility for the land disposal of land clearing waste, concrete, brick, concrete block, 1ppntaminated soil, 5ravei and rock, unt. eated and unpainted wood, and yard trash. CID (74) 'Yard trash" means solid waste resulting frcm landscaping and yard maintenance such as brush, grass, tree limns, and similar vegetative materials. ...... -� .0563 APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS Management of land clearing and inert eeorls snail be in accordance with the ate nlerarcny tor managing solid waste as provided for under N.C.G.S. § 130A-309.04(a). Disposal in a landfill is considered to be the least desirable method of managing land clearing and inert debris. Where landfilling 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 cznditions: (a) The facility is to to operated for the disoosal of land clearing waste,. inert debris, untreated wood, and yard trash. Operations must be consistent and in compliance with the local government solid waste management plan as approved by the Division of Solid Waste Management. (b) The total disccsal area is under two acres in size. (c) The facility and practices comply with the siting criteria under Rule .0564, and operational requirements under Rule .0566. (d) The fill activirf is not exempt from, and must comply with all other Federal, State, or Local laws, 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. (2) Where an individual permit is not required, the following applies: (a) The owner of ;-,e land where the landfill is located must notify the Division on a prescribed form, duly signed, notarized, and recorded as per Rule .0563(2)(b). The operator of the landfill, if different from the land owner, snail also sign the note lcatloh (b) The owner mist file the prescribed notification form for recordation in the Register of Deeds' Office. The Register of Deeds shall inoex 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 loca.sc. 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 said, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer shall 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 Land Clearing and inert Debris Landfill and a reference by book and page to the recordation of the notification. .0564 SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS The following siting criteria snail apc:y for Land Clearing and Inert Debris (MID) landfills: (1) Facilities or practices, shall not be located--i ttie 100-year floodplain. (2) Facilities or practices shall not cause or contribute tot the tal of any endangered or threatened species of plants, fish, or wildlife. (3) Facilities or practices shail not result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 C=R Part 17 which is hereby incorporated by reference including any subsequent amendments and editions. This material is available for insoection at the Department of Environment, Health, and Natural Resources, Division of Solid Waste Management, 401 Oberiin Road, Raleigh, North Carolina 27605 where copies can be obtained at no cost. (4) Facilities or practices shah 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) t must be -shown that ace-uate suitable soils are availaole for cover, either from on or off site. (8) Land Clearing and Inert-0 enores 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 that is in violation of the requirements of the Nationai Pollutant Discharge Elimination System (NPDES), under Section 402 of the Clean Water Act, as amended. (b) Facilities or pra- ices shall not cause a discharge of dredged materials or fill material into waters of the state that is in violation of the reouirernents 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 meat the following minimum 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. .0566 OPERATIONAL REQUIREIMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS Land Clearing and Inert Debris (LCID) landfills shall meet the following operational requirements: (1) Operational plans shall be aoproved and followed as specified for the facility. (2) The facility shall only accsot those solid wastes which it is permitted to receive. (3) old waste snail be restricted tot the smaiiest area feasible and compacted as ensely as practical into cells. (4) Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first. (5) 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 fcct 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. 2 l 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 landfil) will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 13S, .�.... North Carolina Solid Waste Management Rules. The facility and operations of this landfill will also LID 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 CrT1 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 -w-- 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 tt3 ($ 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. A41 ese P Print Name (Operator) Signature (Operator) Date North Carolina Z�,O-C/6-0 County - - - I,_6 �? C�c� P-q . � }0 L-E*. - , a Notary Public for said County and State, do hereby certify that C LAL) D c L - E(?1V KR-c->5 personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness m hand and official sea! this the t day of t� L �.9 Y Y (Official Seal). Notary Publid k My commission expires 19 9 `7 a.IJ tl S1 .'9 'a 0. 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 Gearing and Inert Debris Landfills under two (2) acres in size is required under 15 NCAC 13B .0563(2)(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 Waste Management Solid Waste Section PO Box 27687 Raleigh, North Carolina 27611-7687 (919) 733-0692 Disposition: This form will be transferred to the State Records Center when reference value ends. Records will be held for agency in the State Records Center five (5) additional years and then transferred to the custody of the Archives. 4 #tx#�e of rrr# Ta ralinzt, TauldV f unr>am.�r Each of the foregoing certificates, namely of�'�i _ A— a notary or Notaries public of thb State and County designated is hereby certified to be correct. Filed for registration on this the day of , 19-5PU/ at Id 00 14 74. M. OTTO W. DeBRUH Register of Deeds, Buncombe County By: Asst./Deputy eg6er of Deeds 14 pwI�i�rt�acv (6) ' Adequate erosion cc.mres measures. structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site erosion. (7) Provisions for a grounc. cover suffic:ent to restrain erosion must be accompiished within 30 working days or 120 calencar days upon completion of any pnase of andfili development. (8) The facility snail be acsvuateiy sec-Ured by means of gates, chains, berms, fences, etc. to prevent unauthorized accsss ex.--,-,t when an operator is on cuts. An arenaant shall e on duty at all times while e landfill is open tor public use to assure ccrn. ;dance with operational requirements and to prevent acceptance of unauthorized wastes. (9) Access roads shall be of all-weatner construction and properly maintained. (10) Surface water shall t:e diverted from the working face and shall not be impounded over waste. 0 1) Solid waste snail not ce discosed of in water. (12) Open burning of soad waste is prcnioite . (13) The concentration o: explosive gases generated by the facility shall not exceed: (a) Twenty-five cercent of the lower explosive limit for the gases in facility structures. (b) The lower explosive limit for the gases at the property boundary. (14) Leachate shall be prcceriy managed on site through the use of current best management practices. (15) gFould the Division deem it necessary, ground water or surface water monitoring, or both, may be required as provided for under Rules .0601 and .0602 of this u: cnapter. (16) A sign shall be postea 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 operator's plans to dispose of solid was,e 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. 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 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. -- Print Name (Owner) Signature (Owner) Date North Carolina &J U t-A J� E County 11, G REGC__1(21_q C�> � �� 1 LE __, a NotaryPublic for said County and State, do hereby certify tY Y Y that CEI_OiL 4AJ&E ®ADS personally appeared before me this day and acknowledged the due execution of the foregoing instrument. L Witness m hand and official seal this Y the day of Y (Official Seal) Notary Publl ,•• k �� V o My commission expires 19 �% °:_ -.-j -_ .ry ' j rssY y a 3