N0753 WESTERN CAROLINA UNIVERSITY

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State of North Carolina
,,-t -Department of Environment, Health, and Natural Resources
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512 North Salisbury Street 0 Raleigh, North Carolina 27604
Division of Solid Waste Management
James B. Hunt, Jr., Governor Solid Waste Section Jonathan a Howes, Secretary
Telephone [phone]
LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION
Pursuant to 15A 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 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 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 1313 .0563(2)(b),
1. Facility Name: Western Carolina University
2. Facility location (street address): Physical Plant
City: Cullowhee County: Jackson Zip: 28723
3. The land on which this landfill is located is described in the deed recorded in:
deed book: 254 . page: 32 county: Jackson
4. Name of land owner: Western Carolina University
5. Mailing address of land owner: Physical Plant
City: Cullowhee State: North Carolina Zip: 28723
6. Telephone number of land owner:[_704 ) 227-7442 ^
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: Western Carolina University
S. Trade or business name of operator: Physical Plant
9. Mailing address of operator: Physical Plant
City: Cullowhee State: North Carolina Zip. 28723
10. Telephone number of operator:{ 704 227--7442
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:
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P.O Box 276aZ Raleigh, ltiorth Carolina 27611-7687 Telephone [phone] Fax [phone]
An EgLal Opportunity Affirmative Action Employer
A eu. -7-/93
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The fallowing 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 mainly from land clearing activities such as stumps, trees, limbs, brush,
grasa. 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,
uncontaminated soil, gravel and rack, untreated and unpainted wood, and yard trash.
(74) 'Yard trash' means solid 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 ILCID) LANDFILLS
Management of lend 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 13OA-309.041a)• Disposal in a landfill is considered to be the least desirable method of managing lend clearing and inert debris. Where
landfi)ling in 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 ILCID) landfilla that
most all of the following conditions:
(a) The facility is to be operated for the disposal 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 disposal area is under two scram in size.
(a) The facility and practices comply with the siting criteria under Rule .0564, and operational requirements under Rule .0666.
(d) The fill activity is not exempt from, and must comply with ail 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.
121
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 prescribed fort, duly signed, notarized, and
recorded as per Rule .0563(2)ib). The operator of the landfill, if different from the land 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 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 said, leased, conveyed, ortranrsferred ,n 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 Inam Debris Landfill end a
reference by book and page to the recordation of the notification.
.06"
SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS (LCIDI LANDFILLS
The following siting criteria shall apply for Land Clearing and Inert Debris ILCID) landfills:
11l
Facilities or practices, shall not be located in the 700-year floodplain.
(21
Facilities or practices shall 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 destruction or adverse modification of the critical habitat of endangered orthmatenedspecies
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 27806 where copies can be obtained at no cost.
(41.
Facilities or practices shall not damage or destroy an archaeological or historical site,
(5)
Facilities or practices shall not rouse an adverse impact on a state perk, 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).
I7)
It must be shown that adequate suitable soils are available for cover, either from on or off site.
I61
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 that is in violation of the requirements
of the National Pollutant Discharge Elimination System INPDES), under Section 402 of the Clean Water Act, as amended.
(bI Facilities or practices shell 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 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.
(e1 Waste in landfills with a disposal area less than two acres shall be placed above the seasonal high water table.
(91
The facility shell most the following minimum buffer requirements:
la) 50 feet from the waste boundary to ail 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.
1c) 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 REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCiD) LANDFILLS
Land Clearing and Inert Debris (LCID) landfills shail most the following operational requirements:
(1) Operational plans shah be approved and followed as specified for the facility.
121 The facility shall only accept those solid wastes which it is permitted to receive,
131 Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells.
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(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 foot of suitable sail 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 s nuisance to the
community.
let Adequate erosion control measures, structures, ordeviees shall be utilized to prevent silt from leaving the site and to prevent excessive
on site erosion.
l7) Provisions for a ground cover sufficient to restrain erasion must be accomplished within 30 working days or 120 calendar days upon
completion of any phase of landfill developmant.
le) The facility shall be adequately secured by means of gates. chains, berms, fences, ate. to prevent unauthorized access except when
an operator is on duty. An attendant shall be on duty at ail times while the landfill is open for public use to assure compliance with
operational requirements and to prevent acceptance of unauthorized wastes.
19) Access roads shall be of aii-weather construction and property maintained,
4101 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.
(13) The concentration of explosive gases generated by the facility shall not exceed:
Is) Twenty-five percent of the lower explosive limit for the gases in facility structures.
lb) 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.
115) Should the Division deem it necessary, ground water or surface water monitoring, or both, may be required as provided for under Rules
.0601 and .0802 of this Subchapter.
(1 e) A sign shall be posted at the facility entrance showing the contact name and number in case of an emergency end 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, regL:ations, and ordinances. Where
the operator is different from the land owner, 1, 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. 1 further understand 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. 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 amendme ts..
Western Carolina University = �.,....✓�t..,�- /� ai' Y S
Print Name (Owner) Signature (Owner) Date
North Carolina -
Jackson County
1, Cindy R. Parker , a Notary Public for said County and State, do hereby certify
that Andrew B. Comrie personally appeared before me this day and acknowledged the
due.exec�tian of the foregoing instrument.
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•,4-vu�tr�,�;:fiy-bariid and official seal, this the 9th day of
January 9 95
Notary Publi
y{
Y:' January 27 98
�(I{ty.pommr.,-tidir expires 19
NORTH CAROLINA
JACKSON COUNTY L . ■ '
The ff7mawlQ culifitate of "` "`� Ndwy
A" is citRjW to be correct. This iddrum tt>was preel l l lw tft{IfF
trxifln 11111114 111C0r0fl0 in ttlis office in Book.11.Ll1...,, it M�
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