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Home My WebLink AboutN1014 COLLETT DUMPNorth Carolina Department of E,lvtronment and Natural Resources Dlvtsion of Waste Management Michael F. Easley, Governor Wt111am G Ross Jr, Secretary Deeter R Matthews, Director FOR REGISTRRTION REGISTER OF DEEDS ELIZRBETH T COOPER BURKE COUNTY, NC 2003 RUG 04 09;58:16 RM BK:1211 PG;534-537 FEE:$20.00 �� NCDENR LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION Pursuant to 15A NCAC 13B 0563(21(a), the land owner(sl and operator(sl 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(sl of the land in the county or counties in which the land is located 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, recorded, and submitted to the Division as required by 15A NCAC 13B 0563(2)(bl 1 FacdrtyName Collett Dump Site 2 Facility location (street address) 2931 (`nl 1 ett. Ava City Morganton County Burke Zi 28655 P' 3 Directions to Site NC 181 North, Oak H>,11 School 1/10th mi. on left Collett Ave to end of State Maint. Site on right 4 The land on which this landfill is located �s described in the deed recorded in deed book page county Burke Co. 5 Name of land owner Wilson Collett 6 Mailing address of land owner 2931 Collett Ave. City Morganton State North Carolina Z,p 28655 7 Telephone number of land owner 1 828 l 437-5715 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 8 Name of operator Same as Above 9 Trade or business name of operator 10 Mailing address of operator City State Zip 11 Telephone number of operator ( ) 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 Protected use of land after completion of landfill operations IIIIIIIIIIIIIIIIiI IIIIIII IIIII IIIIIIIII III Natural Hab>_t_at _ _ 2003013733 1646 Mall Service Center, Raleigh, North Carolina 27699-1646 Phone 919-733-0692 \FAX 919-733-48I0 \Internet www enr state tic us AN EQUAL OPPORTUNITY \AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED / IO% POST CONSUMER PAPER 5� J The follDwing are the applicability, slung, and operating cntena for Land Clearing and Inert Debris Landhlts operating under notlflcatlon From: North Carolina Solid Waste Management Rules 15A NCAC 138: O707 DEFINITIONS (53) 'Land clearing waste' means solid waste when is generated solely from land clearing annines such as stumps, veer, bmbs, brush grass, and other naturally occurring vegetalwe material 1541 'Land clearing and inert debris landhll' means a faclity for the land disposal of land clearing waste, concrete, bock, concrete block uncontaminated soil, gravel and rock untreated and unpainted wood and yard trash I551 'Yard trash' means sobd waste resulting tram landscaping and yard maintenance such as brush, grass, tree bmhs, and similar vegatanva materials 0563 APPLICABILITY REOUIREM ENTS FOR LAND CLEARING AND INERT DEBRIS ILCID) LANDFILLS Management of land clearing and inert debris shall be in accordance wrth the State hierarchy for managing sobd waste as provided for under N C G S 5 130A 309 O41a) D�spasal m a landhll is considered to be the least tlesuahle method of managing land clearing aria mart dehns Where landhlbng is necessary the requirements of this Rule apply It) An individual permit from the Division pf Solid Waste Management is not requned for Land Clearing and Inert Debris ILCID) landfills that meet all o/ the following conditions lal The facdny is to be operated for the disposal of land clearing waste inert dehns untreated wood, and yartl trash, Operations must be consistent and in compliance wrth the local government solid waste management plan as approved by the Drviswn of Sobd Warta Management Ibl The total disposal area is under two acres in size Icl The facility and pracn<es comply with the siting criteria untler Rule OSfi4 and oDeraponal requrements under Rule 0566 Id) The Iili activity is not exempt from, and must comply wrth all other Federal State or Local laws, artlinances, Rules, regulations, orders including but not limped to zoning restrictions flood plain restncnons, wetland rastnctions, sedimentation end erosion Pn[rol regwramants and mining regulations 121 Where an individual permit is no[ required, the following applies la) Theo of the land where [he landfill is located must nobly the Division on a prescr�betl form, tluly signetl, no[anzatl, and corded as per Rule 05631211b1 The gpera[or of [he landfill i/ dilferent from [he land owner, shall also sign the noh(icetion form Ib1 The owner must hie the prescribed notihcanon form for recordation in the Register pf Deeds Office The Register of Deeds shall index the notification in the grantor index under the name pf the Pwner of the land in the county or counties in which the land is located A copy PI [tie recorded notihcanon affixed with the Register's seal and the date, book and page number of recording shall be Sent to the Owision of Solid WaSta Management Icl When the land on which the Land Clearing and Inert Debris Landfill is sold teased, conveyed, or transferretl in any manner, the deed or other instrument of trans/er shall contain in the description section in no smaller type than that used in the body of the deed q 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 recordavpn o/ the notification 0564 SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS ILCID) LANDFILLS Tha IPliowing suing cntena snail apply for Land Clearing and Inert Debris (LCIDI landblls (7) Facilities or practices shall not be located in the 100 year floodplain 121 Facd�ties or practices shall not cause or contribute to the taking of any endangered pr threatened species of plants, fish, or wildlife 131 Faclities or practices shall no[ resuh in the destruction or adverse modification of the critical habitat of endangered or threatened spaces es identified in 50 CFR Part 17 which is hereby mcorporatad 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 Solitl Waste Management, 401 Oberlin Road Raleigh North Carolina 27fi05 where copies can be obtained at no cost 141 Facliues or practices shall not damage or destroy an archaeological or historical site (51 Facl�ties or practices shall not cause an adverse impact on a slate park recreavon or scenic area, or any other lands included in the state nature antl histon< preserve Ili) Facilities shall not be located in any wetland as delined in th¢ Clean Water Act Section 404(bl (71 It must be Shown [he[ adequate suitable sods are available for cover, either from on ar pfl rile 181 Land Clearing and Inert Debris landfills shall meet the following surface and ground waver requirements lal Fachties or practices snail oat cause a discharge of pollutants into waters of the state that is in violation of Ne requiements of the National Pollutant Discharge Ehm�nanon System INPDESI, under Secton 402 0l the Clean Water Ac[, as amended Ibl Facdiues or practices shall no[ cause a tlischarge of dredged materials or lilt material into waters of the state that is in violation of the regwremen[s untler Section 404 of [tie Clean Water Act, as amended (cl Fachtie5 or practices shall not cause non point spurt¢ pollution of waters of Ina state that violates assigned water quati[y standards Idl Waste �n IandtAls wrth a disposal area greater than two acres shad be plapetl a minimum of tour feet above the seasonal nigh water table ¢xcept where an alternative separation is approvetl by [ha Division le) Waste in landfills wrih a disposal area less than two acres shall be Placed above the seasonal high water table 191 The facility shall meet the following minimum buffer requirements la) 50 feet from the waste boundary to all surface waters o/ the slate as de/inetl in G S 143 212 Ib) 100 feet Irom the disposal area [o property lines residential tlwellmgs c ual or public huiltlings, and wells (cl Buffer regwrements may be adjusted as necessary to insure adequate protection pf public healN and the envrronment I101 Tne IaciL[y shall meet all requirements of any applicable zoning ordinance O566 OPERATIONAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS ILCID) LANDFILLS Land Clearing and Inert Debris fLC1D) landblls snail meet the following operational requirements 111 Opera tipnai plans Shall be approved antl followed a5 specdied for [he (acib[y 121 The lackty shall only accept [nose sobd wastes which it i5 permitted to recewe (31 Solid waste shall be re5tncted to she smallest area teavble and compacted as densely as practical into cells 141 Adequate Soil Cover shall be apPl,ed monthly or when the active area reaches ono acre in srze, whichever occurs first 535 2 f51 1 20 calendar days after compleuon or any phase of disposal operations, er upon revocation of a permit, the disposal area shall Da covered with a minimum of one /oat of suitable sod coves sloped to allow surface water runofl in a convolled manner Tha Drvrsion may require further action in order to correct any condmon which is or msy become miunpus to the puDLc health, or s nuisance to the cdmmunrty I61 Adequate erosion control measures svu<tures, or dewcas shall be utdrted to Drevent silt from leaving the site end to Drevent azcassva on site erosion (71 Provisions for a ground cover sir/hciont to restrain erosion must be accomDl�shed within 30 working days or 120 calendar days upon compleuon of any phase of landfill development 191 Tne facility shall be adequately secured by means of gates, shams, perms, lenses etc to prevent unauthorized access except when an operator is an duty An attendant shall 6e on tluty at all limes while the landfill is pDen for public use to assure compbanca with operatipnal requirements and tp prevent acceptance of unauNorized wastes f91 Access roads shall be of all-weather canstructign and properly mam[ainetl I101 Surface water shall be deserted /ram Ne working face and shall not De impauntled over waste I1 II Solitl waste Shall not De disposed Of in water 1121 Open burning of Sobtl waste 4 prohib�ietl 113) The concenuanon of explosve gases generated by the facility shoji not exceed lal Twenty-fwe percent of the lower explosive limn for [he gases in facib[y svuctures Ibl The Igwer ezploswe Lmit for The gases a[ the property boundary (1a) leachate shall be properly managed on site Through Ne use of current best management practices 1161 should the Dwuion deem tt recassary ground water or surface water monrtanng or both, may be required as provided for untler Rules 0607 and 0602 0l this Subchapter 1161 A z�gn snail be posted a[ Ne facility entrance showing [he comact name end number in case of an emergency and the permit number The permit number regwlement i5 not applicable for facilities not regwnng an mtlrviduai permit Certltication 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 wili comply with the requirements of Sections 0563, 0564 and 0566 of 75A NCAC 13B, North Carolina Solid Waste Management Ruies The faculty 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 [he 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 flue thousand dollars (55,000 001 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 slu g and operations of this landfill will be req fired to comply with ail such revs ions or amendments Punt Name (Owner) Signature (Owner) Date NortQh Carolina 11rlId u I�kSJ County I, Mob C� � ' � � �` A � , a Notary Public for said County and State, do hereby certify that �i � So 1'1 t" p l� e {{-t� personally appeared before me this day and acknowledged the due execution of the foregoing Instrument Witness my hand and official seal, this the � day of 20 p�� (J�-t, u-,_J Note bllc Tres_ � � —Jr"' 20 D �;3� 3 ELIZABETH T COOPER REGISTER OF DEEDS, BURKE JUDICIAL BUILDING 201 SOUTH GREEN STREET MORGANTON, NC 28655 ............................k.......,.<..,.......,..........,............,.........,...,..............,.....,........... Filed For Registration: Book Document No.: Recorder 08104/2003 09:58 16 AM RE 1271 Page: 534-537 2003013733 LNDFIL 4 PGS $20 00 JFRANCIS State of North Carolina, County of Burke The foregoing certificate of MABEL COWMAN Notary is certified to be correct. This 4TH of August 2003 ELIZABETH—TICO�O,,P,,ER�, REGISTER OF DEEDS Deput �Regi r of Deeds *2003013733* 2003013733 3i