HomeMy WebLinkAboutN0140 THARRINGTON, DARRYL S.BK131 PG 181
vANcE cauNTY,H.c.
�swr6 FILED FOR RECORD.
' tt ?4 SEP 16 AM 9: 49
SARAN H. HALE
04600 REGISTER OF DEEDS
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
Division of Solid Waste Management
James -B. Hunt, Jr., Governor Solid Waste Section Jonathan B Howes, Secretary
Telephone (919) 733-49%
•
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 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 136 .0563(2)(b).
1. Facility Name: Daryl S. Tharrington Natural Debris Recycle
2. Facility location (street address):-- S t a,,t e_Road- 134 8
City: Henderson County: Vance Zip: 27536
3. The land on which this landfill is located is described in the deed recorded in:
deed book: 735 page: 73 county: Vance
4. Name of land owner.. Daryl S. Tharrington
5. Mailing address of land owner: Route 6 Box 250
City: Louisburg State: N.C. Zip. 27549
6. Telephone number of land owner:t_ 919_ __ l_ 853-3543
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: Daryl S. Tharrington
8. Trade or business name of operator: Daryl S. Tharrington
9. Mailing address of operator: Route 6 Box 250
City. Louisburg State. N C Zip: 27543
10. 4&gkone number of operator:( 10 ) 853--3543
If the landfill is operated by more than one person, attach additional sheets with the name,
address ,''�qd phone number of all additional operators.
11. Projected use of land after completion of landfill operations: Wildlife Habitat
r
PO. Box 2768% " Raleigh, North Carolina 27611-7687 Tekphoix 919-7334984 Faxit 919-733-0513
An EgL-1 Oppominity Af k-wd a Action Empkrm
B1:�73? '�q 188
The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris
Landfills operating under notification.
.0101 DEFINITIONS
(721 '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; Ennpmtef block,
uncontaminated soil, gravel and rock, untreated and unpainted wood, end yard trash.
(741 "Yard trash' means acrid waste maulting from landscaping and yard maintenance such as brush, grate, tree limbs. and similar vegetative
materials,
AM APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
Managament of land clearing and Inert debris shall be in accordance with the State hierarchy for managing acrid waste as provided for under
N.C.G.S. 9 13OA•309,04(a). Disposal in a landfill Is considered to be the Ieastdosimble method of managing land clearing and inert debris, Where
bsndfdrnng is necessary, the requirements of this Rule apply.
(1) An Individual permit from the Division of Solid Waste Management Is not required for Land Charing and Inert Debris (LCID) landfills that
meet all of the following conditions:
Is) 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.
le) The facility and practices comply with the siting criteria under Rule .0664. and operational requirements under Ruh .0668.
Id) The fill activity is not exempt from, and must comply with all other Federal, State, or Local laws. ordinancee. Rules,
regulations, or orders, Including but not limited to zoning restrictions, flood plain restrictions, wetland restrictions,
sedimentation end erosion control requirements, and mining regulations.
(21 . Where an individual permit Is not required, the following applies:
(a) The owner of the land wham the landfill is located must notify the Division on a prescribed form, duly signed, notarized, and
recorded as per Rub .0663(2)(b). The operator of the landfill, if diffoont from the land owner, shall also sign the notification
form.
(b) The owner must fib the prescribed notification forth for recordationin the Register of Deeds' Office. The Register of Deeds
shad 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 Registers semi and the date, book and page number
of recording shall be sent to the Division of Solid Waste Management.
to) When the land on which the Land Clearing and Inert Debris Landfill is sold, based, 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 orsed ss n I and rJ-arir3 crd —*n Debris Landiiii and a
rafaram;s u-, book :rod page to the recordation of the notification.
.0604 SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS ILCID) LANDFILLS
The following siting criteria shag apply for Land Clearing and Inert Debris ILCID) bndfille:
(1) Facilities or practices, shall not be located in the 100-year floodplain.
121 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 shag not result in the destruction or adverse modification of the critical habitat of endangered or threatened specks
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 Carofire 276M where copies can be obtained at no cost.
(4) 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 (ands Included in the
state nature and historic preserve.
(a) Facilities shall not be located in any wetland as defined in the Clean Water Act, Section 404(b).
471 It must be shown that adequate suitable soils are available for cover, either from on or off site.
(W 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 (NPDES), 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 emended.
lei Facilities or practices shell not cause non -point source pollution of waters of the state that violate@ assigned water quality
standards.
(d) Waste In landfills with a disposal area greater than two acme shag be placed a minimum of four feet above the seasonal high
water table, except where an alternative separation is approved by the Division,
Is) Waste in landfills with a disposal area lose than two acres shag be placed above the seasonal high water table.
(a) The facility shall meet the following minimum buffer requirements:
(a) SO 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 dwdllings, commercial or public buildings, and wells.
to) Buffer requirements may ):a adjusted as .—;. ssssry to ir.:ure adequate protecticn o7 public health and the environment.
(101 The facility shag meet all requirements of any applicable zoning ordinance,
.0606 OPERATIONAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS ILCID) LANDFILLS
Land Clearing and Inert Debris ILCID) landfills shag meet the following operational requirements:
(1) Operational plans shall be approved and followed as specified for the facility.
(2) The facility shag 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 calls.
2
•
•
•
414)
116)
Ile)
BK737 PG 189
Adequate egg cover shell be applied monthly, or when the active arse roaches one acre In she, whichever occurs first.
120 calander do" after completion of eny phase of disposal operations, or upon revocation of a permit, the disposal area shall be
covered with a minimum of one foot of suitable roll cover sloped to allow surface water ru o" in a controlled manner. The Division
may require further action In order to correct any condition which is or may bacons injurious to the public health, or a nuisance to the
community.
Adequate erosion control measures, structure, or devices shall be utilized to prsverrt slit from leaving the aft and to prevent exc*asive
on eke erosion.
Provisions for a ground cover sufficient to restrain erosion must be accomplished wttivn 30 working dcye or 120_calendar days upon
completion of any phase of landfill development. -
The facility chap be adequately secured by means of gates, chairn. bonne, fences, ate. to prevent unauthorized *Ocoee except when
an operator is on duty. An attendant shag be on duty at all times while the Isndfill is open for public use to as complisnca with operational requirements and to prevent acceptance of unauthorized wastes.
Access roads shag be of off -weather construction and properly maintained.
Surface water shag be diverted from the workirq face and shell not be impounded over waste.
Solid waste shell not be disposed of in water.
Open burning of solid waste Is prohibited.
The concentration of explosive cases generated by the facipty olrsil not exceed:
IS) Twenty-five percent of the lower explosive limit for the gases in facility structures.
16► The lower explosive limit for the cases at the property boundary.
Leachate shag be properly managed on site through the use of current best management practices.
Should the Division deem It necessary, ground water or surfece water monitoring, or both, may be required as provided for under Rules
.Ofi01 and .O602 of this Subchapter.
A sign shag be posted at the facility entrance slowing the contact name and number in case of an emergency and the
The permit numberring an individual permit. requirement Is not applicable for facilities not requiring permit number.
Certification by Land Owner:
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. 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. 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 amendm tK
Dar 1 S. Tharrin ton -t. September 16, 1994
Print Name (Owner) Sig atu(Owner) Date
North Carolina
County
'►� a Notary Public for said County and State, do hereby certify
that Daryl S. 'Tharrinzton personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
Witnesspyfrafrld,apd official seal, this the day of.. September .19 94
d Notary Public
MYcorivnfR
_,sionkkpifes 19
3
STATE' OF NOR'1 1 CAROLI NA , VANCE COUNTY
The foregoing certificate(s--) of natsy B. Newman, Notary Public of 'lance County,N,C,
is ) certified to be correct. Ibis instrument and certificate are duly registered
at the date and time and in the book a p e sh �n on the first page hereof.
SARAIl H . HALE, FMI SMn OF DIUM By
Deputy