HomeMy WebLinkAboutN1006 STEVEN DALE ROGERS• � . •
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James B. Hunt, Jr., Governor
Jonathan B. Hc�ve�, Secretary
William L. Meyer, Director
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ELIZABETH T. COOPS
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LAND CLEARING AND INERrD�BRIS LANDFILL NOTIFICATION
Pursuant to 15A NCAC 138 .0563(2)(a), the land owners) and operator(s1 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 owners) 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 tiia Givision. 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 136 .0563(2)(b1.
1. Facility Name: ����iJ ��Ci.��_ 1Z��(ZS
2. Facility location (stre�etaddress): �. � �l t,��n�i��_
City: ��017�d1 �u�7\�fVy County: �th1�. Zip: i�. g"C� � S
3. Directions to Site: � 1 � ��,��
4. The land on which this landfill is located is described in the deed recorded in:
deed book: Y,�� page: 1-�4��C county: ��--
5. Name of land owner: 'i� n�.� hQD�._��'>zS
6. Maiiing address of land owner: .�1'� �Pit,� �. S�
City:���_ State: n � C.. Zip: a�6 �S
7. Telephone number of land owner:L �� 1 �'�� ��
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. ,y,n� n�
8. Name of operator: , 0'Yl [x.l� ^ � �
9. Trade or business name of operator: �� nn� p_.,�
10. Mailing address of operator: 3 � 7 �1 I�_X�
City: State:_ . C._ Zip�i o�.8'(, S`S
11. Telephone number of operator:( 4�"a-4' 1 �-1'?�3 ' �c� � S�
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:
P.O. box 27687, Rcleigh, Ncrth Carolina 27611-7687 Telephone 919-733-4996 FrX 919-715-3605
An Ecual Ccc�rsunity:,"rmative Acticn Employer SC%recycled/�� '-eors;.:mer pcoer
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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, 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,
uncontaminated soil, gravel and rock, untreated and unpainted wood, antl yard trash.
(74) 'Yard trash' means solid waste resulting frem landscaping and yard maintenancs such as brush, grass, tree limns, and similar vegetative
materials.
.0563 APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LC1D) LANDFILLS
Management of lantl clearing an finer, aeons sna e m accortlance wit t e ate ierarcny or managing so id 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 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 (LC1D) landfills that
meet all of the following conditions:
(al The facility is ;o 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.
(bl The total dispcsal 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 .OS6fi.
(d) he ill ac:rviry is not exempt from, an must comp y with all other Federal, State, or Local Taws, 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:
la) The owner of ;he land where the landfill is located must notify the Division on a prescribed form, duly signed, notarized, and
recorded as per Rule .OSfi3(2)(bl. The operator of the landfill, i i event ram t e an owner, s ai a so sign t e note Icarian
onm:
(b1 The owner mur. file the prescribed notification form for recordation in the Register of Deeds' Office. The Register of Deeds
shall intlex fine Wall nation m the grantor index under the name o the owner o t e an m t e county ar counties in whit
t e aria is ocateq. 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 ot:.er 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 (LC1D) LANDFILLS
The following s�ting criteria sna appiY or an caring aria Wert eons an i s:
(11 Facilities or practices, shall not be located in the 100-year floodplain.
(2) Facilities or practices shall not cause or contrloute tot eta ing o 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 or threatened species
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 27605 where copies can be obtained at no cost.
(41 Facilities or practices shall not damage or destroy an archaeological or historical site.
l5) 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.
I6) Facilities shall not be located in any wetland as defined in the Clean Water Act, Section 404(b).
!7) t must e s awn that aceauate suitable soils are available for cover, either from on or off site.
18) Land Clearing and Inert eons Ian ills she I meet the following surface and ground water requirements:
lal Facilities or prarices shall not tau—s d charge 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 cr practices shall not cause a discharge of dredged materials ar fill material into waters of the state that is in violation
of the requirements under Section 404 of the Clean Water Act, as amended.
(e) Facilities or practices shall not cause non -point source pollution of waters of the state that violates assigned water quality
standards.
(d) Was+.e 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.
(el Waste in landfills with a disposal area less than two acres shall be placed above the seasonal high water table.
(9) The facility shall meet the following minimum buffer requirements:
—� (al eet ram t e waste oun ary to a sur ace waters of the state as defined in G.S. 143-212.
(bl 1 0 feet from the disposal area to property lines, residential dwellings, commercial or public buildings. and wells.
Ic) Buffer requirements may be adjusted as necessary to insure adequate protection of public health and the environment.
(101 The facility shall meet all requirements of any applicable zoning ordinance.
"'—"� .0566 OPERATIONAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LC1D) LANDFILLS
Land Clearing and Inert Debris (LCID) landfills shall meet the following operational requirements:
(1) Operational plans shall 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) a i waste sna a restricted tot a smai est area ease a an compacte as ense y as practical into cells.
(4) Adequate soil cover snail be applied monthly, or when the active area reaches one acre in size, whichever occurs first.
15) 120 calendar days after completion of any phase of disposal operations, ar upon revocation of a permit, the disposal area shall be covered
with a m�rnmum of one fact 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.
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(6! ' Adequate erosion ccr.::ci measures. structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive
on site erasion.
171 Provisions for a grcu^_ cover suf!ic:ent to restrain erosion must be accomplished within 30 working days or 120 calencar days uCcn
comp etion o any prase o andfill development.
18! The facility shall be aceduateiy secured by means of gates, chains, berms, fences, etc. to prevent unauthorized access except when an
operator is on u:y...i attendant s a eon u y a a Imes w i e e an i is open or pu0 is use to assure cempiiance with
operational requiremer.:s and to prevent acceptance of unauthorized wastes.
191 Access roads shall be of all-weatner construction and properly maintained.
I10I Surface water shall �e diverted from the working face and shall not be impounded over waste.
(1 1) Solid waste shall nct oe disposed of in water.
112) pen urnmg o seaa waste is prcniorte .
113) a concentration o. exp osrve gases generated by the facility shall not exceed:
Ia1 Twenty-five percent of the lower explosive limit for the gases in facility structures.
lbl The lower explosive limit for the gases at the propetty boundary.
(14) Leachate shall be prc�erly managed on site through the use of current best management practices.
1151 ould t e iasion teem rt necessary, ground water or surface water monitoring, ar both, may be required as provided for under Rules
.0601 and .0 0.:-�s ubcnapter.
I16) 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 recuirement is not applicable for facilities not requiring an individual permit.
�Certificatian 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 136,
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 c'osure of the landfill as provided for by North Carolina General Statute 130A-
309.27. (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 amendme ts.
Print Name (Owner) Si nature (Owner) Date
North Carolina
due exdcu'tio�
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Ss'my h�'n�"a�i�,official seal,
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(Official S'e�l�'. � �
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M y "�c'b rj�t�Jl� fs� i� , e bpi r e s,
County
a Notary Public for said County and State, do hereby certify
personally appeared before me this day and acknowledged the
foregoing instrument.
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this the day of 1 g
Notarl�"!'ublic
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S'i'i;; 3 OF AfO�TN CAOtOLt:'iA-SY,'RKS
Tne ic�o�-a cent)^ce?es of. �h�-� _ h I 1 C
__ _.. _._ . [�.P cf said eeanty is adjasicd
�� -/ io be CGri•,;:A, lei F.fre iastnmcr.� rith its certificate, Ae rsgi�•-
'"" ' �v/ 3�/� �) ed TF�is , , f day of �E1/F, 19
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