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HomeMy WebLinkAboutN0744 STEVE & NANCY PARKERUU8435 PnK 2 U 4 2 PAGE 4 3 FILED DATE 6/4/2008 TIME: 3:31 PM BOOK 2042 PAGE 433 A;ia ELAINE N. HARMON REGISTER OF DEEDS LINCOLN COUNTY, NC NCDENR aD Noah Carolina Department of Environment and Natural Resources Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor William G. Ross Jr., Secretary LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION Pursuant to 15A NCAC 13B .0563(2)(a), the land owners) and operators) 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, recorded, and submitted to the Division as required by 15A NCAC 13B .0563(2)(b). 1. Facility Narne:.�«'� 2. 3, 4, 5, 6. 7. Facility location (street address): City:1.�r e T.s�✓ Directions to Site:ieoom AZ � v Aunty: �ivcd�n/ Zip AL 11 The land on which this landfill is located is described in the deed recorded deed book: //6P3 page: j,�4 county: L,'nrcd�N Name of land owner: Mailing address City: lan d owner: Telephone number of land State: /!/� • Zip: Z�ro�1i �z 6 ) sz�&- - Vev 4 If the land is owned by more than one person, attach additional sheets with the name, address, and phone number of all additional land own rs. 8. Name of operator: /C�/'e- f�f� Cl� 9. Trade or business name of operator: j7eolc 10. /Mailing addres7?V/ perator: City: %/�• State:_/1/. e - Zip: &4 11. Telephone number of operator:( SZr ) g 7 rP 5yn7 Z BOOK2042PAGE 434 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 The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris Landfills operating under notification. From: North Carolina Solid Waste Management Rules 15A NCAC 13B: .0101 DEFINITIONS (53) "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. (54) "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 rock, untreated and unpainted wood, and yard trash. (55) "Yard trash" means solid waste resulting from landscaping and yard maintenance such as brush, grass, tree limbs, and similar vegetative materials. .0563 APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) 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. 3 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 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 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 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 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 the 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, 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 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 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. 2 BOOK 2 0 4 2 PAGE 43, (9) Access roads shall 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. (11) 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: (a) Twenty-five percent 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 properly managed on site through the use of current best management practices. (15) Should 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 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: 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 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 General Statute 130A-22 provides for administrative penalties of up to fifteen thousand dollars ($15,000.00) 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) North Carolina re (Owner) �i n C �� (1 County Date I, � 1�„y ttP�� + (.� , a Notary Public for said County and State, do hereby certify that �f?_uP�- personally appeared before me this day and acknowledged the due foregoing instrument. official seal, this the �. day of , 20�. Nota Public , r `PUBLIC 0= •���y=eomrxiis�4r�xpires , 20 / c� COON . 0 a 4