N0163 GARLAND BROTHERS, INC.

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k�- - zcc c State of North Carolina
Department of Environment, Health, and Natural 'Msq%iRpK
512 North Salisbury Street • Raleigh, North Caro4ria 2760ir- ,
Division of Solid Waste Management - a
James B. Hunt, Jr., Governor Solid Waste Section V �� J �J a } oj�res S ra
"Telephone (9I9) 733 :996 7
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LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION
Pursuant to 1 SA NCAC 138 .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 orinr
to constructing or operating the lanortll. i his 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 w counties in which the land is facated. The Register's seat 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 13B .0563(2)(b).
1. Facility Name:Hi`,v C6��
2. Facility location (street address):
City: '- ;;!1 taJf},J0A- County: gUnlComRC Zip:
3. The land on which this landfill is located is d:scribed in the deed recorded in:
deed book: page: county: r3c
4. Name of land owner: nJUE
5. Mailing address of land owner: )S 7c"�1LI '� l�cS00
City: / f�,'c r F� State:_ Zip:
6. Telephone number of land owner:(( e) _ 13�
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:.-G9aLArJ,0 ,- 1 �rC • __.. ,.
8. Trade or business name of operator: -,NG
9. Mailing address of operator: �S? E �i;,zv.;_� . I�c� >e , . t ;c IC) - I I I
�t
City: �`,Hej—,Lce State: •C_ Zip: Q �`
10, Telephone number of operator:( 70� -C C-CJL1
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: y 110 wrc.1 elffr I,rJ
t, Q �`r nEr7 Tc� iT�`�flL C LEf'S[��L�!1� MVC� i !_SKr C7J�t cu fir, Cv s't�Cfi
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P.O. Bax 27W Raltigh, Nordt Carolina 2761E-7687 Telephone [phone] Fax J 50.733-0513
An Equal Opportunity Affrmadve 8edon Employer
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8X I796PC 777
The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris
Landfills operating under notification.
.0101 DEFINITIONS
(72) 'Land clearing waste' means solid waste which is generated solely from land clearing activities such as stumps, trees. limbs, blush,
grass, and other naturally occurring vegetative material.
1731 'Land clearing and inert debris landfill' means a facility for the land disposal of lend clearing waste, concrata, brick, concrete block,
uncontaminated soil, gravel and mek, untreated and unpainted wood. and yard trash.
1741 'Yard trash' means valid waste resulting from landscaping and yard maintenance such as brush, grass. tree limbs, and similar vegetative
materials.
.0663 APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS [LCIDI 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. 5 130A-309.04(a)• Disposal in a landfill is considered to be the least desirable method of managing land clearing and inert debris. Where
lendfilling 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 ILC1D1 landfills that
most all of the following conditions:
(al The facility is to be operated forth& disposal of fend 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 disposal 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 .0568.
(di The fill activity 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 ravvictiene. watland restrictions,
sedimentation and erosion control requirements, and mining regulations,
12) Where an individual permit is not required, the following applies:
Is) The owner of the land where the landfill is located must notify the Division on a proscribed farm, duly signed, notarized, and
recorded as per Rule .0563(21(bl. The operator of the landfill, if different from the lend owner, shall also sign the notification
form.
lb] 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 iand in the county or counties in which
the [and is located. A cagy 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.
(ci When the land an which the Land Clearing and Inert Debris Landfill is sold, 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 dead 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,
.06134
SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS (LCIDI LANDFILLS
The fopawing
siting criteria shall apply for Land Clearing and Inert Debris (LCID) landfills:
0)
Facilities or practices, shall not be located in the 100-year floodplain.
(2)
Facilities or practices shall not cause a: contribute to the taking of any endangered or threatened species of plants, fish, or wildlife.
(3)
Facilities or practices shall notresult in the d estniGtion or adverse modification of the critical habitat of and ang ored orithmatened species
as identified in 50 CFR Part 17 which is hereby incorporated by reference including any subasquent 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 27606 where copies can be obtained at no cost.
(4)
Facilities or practices shall not damage or destroy an archaeological or historical site.
(51
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.
(61
Facilities shell not be located in any wetland as defined in the Clean Water Act, Section 404(b).
(71
it must be shown that adequate suitable soils are available far cover, either from on or off Rite.
(81
Land Clearing and Inert Debris landfills shall meet the following surface and ground water requirements:
(a) FaeitRias or practices thall not cause s discharge of pollutants Into waters of the state 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 at 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) Fseiiifias or practicer shall not cause non -paint source pollution of waters of the state that violates nexignad water quality
standards.
td) Waste in landfills with a disposal area grestarthan two acres shall be placed a minimum of four feet alcove the seasonal high
water table, except where an alternative separation it approved by the Division.
(a) Waste in landfills with a disposal area less than two moms shall be placed above the seasonal high water table.
to?
The facility shall meet the following minimum buffer requirements:
(al 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.
(c) Buffer requirements may be adjusted as necessary to insure adequate protection of public heahh and the environment.
[10)
The facility shall meet all requirements of any applicable zoning ordinance.
.0568 OPERATIONAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
Land Clearing and Inert Debris ILCID) landfills shall meet the following operational requirements:
Ill Operational plans shell be approved and followed as specified for the facility.
(2) 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 cells.
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(4) Adequate sail cover shall be applied monthly, or when the active area roaches one acre in size, whichever occurs first.
[5} 120 calendar days after completion of any phase of disposal operations, or upon revocat:an of a permit. the disposal area shall be
covered with a minimum of one foci of suitable soil cover sloped to allow surface water runoff in a controlled manner. The 0ivision
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.
161 Adequate erasion controi measures, structures, or davices shad be utilized to prevent sift from leaving the site and to prevent excessive
an site erosion.
(7) Provisions far a ground cover sufficient to restrain erosion must he accomplished within 30 working days or 120 calendar days upon
completion of any phase of landfill development.
181 The facility shall be adequately secured by means of pates, chains, berms, fences, etc. to prevent unauthorized access except when
an operator is an duty. An attendant shall be an duty at all times while the landfill )a open for public use to assure compliance with
operational requirements and to prevent acceptance of unauthorized wastes,
(gi Access roads shall be of all-weather construction and praparfy maintained.
001 Surface water shall be diverted from the working faca and -hail not be impounded over waste.
(111 Solid waste shall not be disposed of in water.
(12) Open burning of solid waste is prohibited.
(131 The concentration of explosive gases generated by the facility shall not exceed:
(a) Twenty-five parcent of the tower explosive limit for the gases in facility structures.
(bl The lower explosive limit for the gases at the property boundary.
(14) Leachate shall be property managed on site through the use of current best management practices.
(t 51 Should the Division deem it necessary, ground water or surface water monitoring, or both, may be required as provided for under Aules
.0601 and .0802 of this Subchapter.
(16) 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:
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 Clearing & Inert Debris
landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 138,
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 ort,inances. 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 1 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 13OA-22 provides for administrative
penalties of up to five thousand dollars (55,000.00) per day per each violation of the Solid Waste
Management Rules. l 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) ignature (Owner) Da e
North Carolina
�iUr�CC�yb 'eq County
N a Notary Public for said County and State, do hereby certify
personally appeared before me this day and acknowledged the
'��� `� �du�eon of the foregoing instrument. .r
t M ~ {ass c�1rEhand and official seal, this the day of L 9 d
• � (��fA�al1 �t.iw�-S ` �.�
C �e, Notary Public
4
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My commission expires - , 19 Cl�,
C16w- 7.'q3)
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s" 17 9 6 PT " 7-7`F
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 135,
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 ($5,000.00) per day per
each violation of the Solid Waste Management Rules. It is further understood that the Solid Waste
Management Rules may be revised or amended in the future and that the facility siting and operations
of rthis landfill will be required to comply with all such revisions or amendments.
t{a for, N' m,p (Print) '
�tr,,President.or-\Ui ,President Name (Print)
y •�7 n
sident or Vice -President Signature
va
Date
Attest:
Corporate Secretary Name (Print)
Corate Secretary Signature
North Carolina
tiJC0n1&�—:: County
r(5NO� a Notary Public for said County and State, do hereby certify
that T (Z- ' �1C ' (name of secretary) rsonaily a eared before me this day and
acknowledged that he (or she) is secretary of ED I t jr— C, �a _P i `� hyne of
�odTb."n),,a.corporation, and that by authority duly given and as the act of the corporation, the
4Sretorg1iDAWment was signed in its name by itsy i �— — (president or
kiicwesi' sealed with its corporate seal, and ttested by himself (or herself) as its secretary.
L3
y
r
� *gneg m ab8)Ud official seal, this the dayIlk19
I;I'{D Eio'rdi-$ " N t Public
N ^'
r7
My commission expires ;7 _ eis 19 `
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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 Clearing & Inert Debris
landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 138,
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 13OA-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.
,A:ZLq.�r
;4
Attest:
- d'/�9� - -
Date
o
a
j'1� ' >' President Print) Corporate Secret ry Na (P ntl
�'� �,
President or Vi -President Signature Corporate Secre Signature
North Carolina
�Ca County
I, j a Notary Public for said Cbunty and State, do hereby certify
that (name of secretary) personally appeared d before me this day and
acknowledged that he (or she) is secretary ofI�c}, Q a�e`taC. • frame 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 t:�5r (president or
iteur,+rt�u
',��'�'�cmesident), sealed with its corporate seat, and attested by himself (or herself) as its secrets ok",
�V�Tfrti{i~jsny, frond and official seal, this the Nc day of f% 19 t�D
••.
j tflfficti.+eai}
�. :'� • Nota blic
••..1sp'y commission expires _ 19� �.'•••,_» + '
..• t�
itrtt, of Nxrrt4 (t�ttralina, Tounfg of
Each of the foregoing certificates, namely of
a notary or Notaries public of the State and County designated is hereby certified to be correct.
Fifed for registration on this the_ day of r' / , 19 _ at �• 9 — != M.
OTTO W.DeSRUHL
Register of Deeds, Buncombe County By:,4vatwVepu1y/Regis14erofDead&
Book 1796 Page- 776 5eq- 5