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HomeMy WebLinkAboutN1023 MRS. LULA JEAN HARRISNorth Carolina Department of Environment and Natural Resources rr FOR REGISTRATION REGISTER OF DEEDS 1 Division of Waste Management ELIZABEOOUNTYOOPERBURKE PM Michael F Easley, Governor 2002 MAY 23 02;32.36 $2 NC�ENR William G. Ross Jr.; Secretary BK:NSTR INSTRUMENT # 200 0093620,00 INSTRUMENT q 2002009362 Dexter R Matthews, Director 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 Name An 114415 2 Facility location (street address). 'I✓LeS f City 1 4niAW County ,941XC Zip . eZZ S:i5 3 Directions to Site Z�z l&L, 126 ><o S✓e /.2Z19 0 The land on which this landfill is located is described in the deed recorded in deed book page•_ L(9� county 5 Name of land owner 6 7 8 9 10 11 Mailing address of land owner = City Nlo�/ State ip: _7{6SS Telephone number of land owner.( (e f Dq If the land is owned by more than one person, attach additional sheets with the name, address, and phonla number of all additional land owners / Name of operator Mee J)6/Of �I�/itn�S�U�J�i�y/J/✓ Trod Made City Telephone number of operator ( s%��s 1 �S� - �� 7y 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 Lt iAU 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone 919-733-0692 \ FAX 919-733-4810 1 Internet www enr state nc us AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER i The following are the appllcablllty, slung, and operating criteria for Land Clearing and Inert De6rls Landfills operating under notlflcavon From North Carolina Solfd Waste Management Rules 15A NCAC 136 0701 DEFINITIONS 1531 "Land clearing waste" means sobd waste which is generated solely from land clearing attrvrties such as stumps, trees, limbs, brush, grass, and other naturally occurring vegetative material (54) "Land cleann9 and nett debris landfill" means a facibty for the land disposal of land clearing waste, concrete, bock, concrete block, uncontaminated soil, gravel and rock, untreated and unpainted wootl, and yard trash 1551 "Yard trash" means solitl waste resulting from landscaping and yard maintenance such as brush, grass, tree limbs, and smiler vegetative materials , 0563 APPLICABILITY REQUIREMENTS FOfl LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS Management of land cleann9 and inert debris shall he in accordance wrth the State hierarchy for managing solid waste as provided for under N C G S § 130A 309 04(a) Disposal in a landfill is consdered to be the least tlesrrable method of managing land clearing and inert debris Where landfilling is necessary, the requirements of this Rule apply 11) An mdrvidual permit from the Division cf Solid Waste Management is not required for Land Clearing and Inert Debris (LCID) land(Als the[ meet all of the following condmons (al The facibty is to be operated for the disposal of land cleann9 waste, inert debris, untreated wood, and yard trash Operations must be consistent and in compliance wrth 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 Ic1 The facibty and practices comply wrth the smog cntena untler Rule 0564, and operational requirements under Rula 0566 Id) The fill acnvrty is not exempt from, and must comply wrth all other Federal State or Local laws, ordinances, Rules, re9ulatons, or orders including but oat limited to zoning restrictions, flood plain restrictions, wetland restrictions sedimentation and erasion ontrol requirements, and mining regulations (21 Whore an individual permr. is not required, the following applies lal The owner of the land where the landfill is located must notify [he Division on a prescribed farm, duly signed, notarized, antl corded as per Rule 0563(2116) The operator of the landfill, if different from the land owner, shall also sign the nouhcanon form Ihl The owner must file the prescribed notification form for recordation in the Register of Deeds' Oftice The Register of Deeds shall index the notification m the grantor index under the name of the owner of the land in the cpunty or counties in which the land is located A copy of the recorded nouhcanon affixed wrth the Register's seal and the date book and page number of recording shall be sent to the Divison of Solid Waste Management Icl When the land on which the Land Clearing and Inert Debris Landfill is sold, leased, conveyed, or transferred in any manner, the deed or ocher instrument of transfer shall contain rn the description section in no smaller type than that used m the body of the deed or insirumanl a statement that the properly has been used as a Land Clearing and Inert DebnS Landfill and a reference by book antl page to the recordation of the notification 0564 SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS The following siting cntena shall apply for Land Clearing and Inert Debris (LCID) landfills Ill Facilities or practices, shall not he located in the 100-year floodDlain (21 Facilities or practices shall not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wddtife 131 Faabnes or practices shall not resuh in the destruction or adverse moddicatien of the cnncal habitat of endangered or threatened species as idennhed in 50 CFR Part 17 which is hereby incorporated by reference including any subsequent amendments and edmons This material is vailable for inspection at the Department of Environment, Health and Natural Resources, Division of Sobd Waste Management, 401 Oberon Road Raleigh, North Carolina 27605 where copies can be obtained at no cost (4) Facilities or practices shall not damage or destroy an archaeological or Nstoncal site 151 Facibues or practices shall not cause an adverse impact on a stare park, recreation or scenic area, or any other lands included in the state nature and historic preserve I6) Facilities shall not be located m any wetland as defined in the Clean Water Act, Section 404161 17) I[ must be shown that adequate suitable soils are available for cover, either from on or off site 181 Land Clearing and Inert Debris landfills shall meet the following surface and ground water requirements lal Facilities or practices shall no[ cause a discharge of pollutants into waters of the state that is in violation of the requirements of the Navonal Pollutant Discharge Elimination System WPDESI, under Section 402 of the Clean Water Act, as amended Ibl Facdmes or practices shall not cause a discharge of dredged materials or fill material into waters of the state that is m violatwn of the requirements under Section 404 of the Clean Warer Act, as amended Icl Facibnes or practices shall not cause non -point source pollution of waters of the state that violates assgned water quality standards Idl Waste in landfills wrth 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 le) Waste in landfills with a disposal area lass 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 of the state as tlefined in G S 143-212 Ib) 100 feet from the disposal area to property lines residential dwellings, commercial or public buildings and wells Icl Buffer requirements may be adlusted as necessary to insure adequate protection of public health and the environment 1101 The facility shall meet all requirements of any applicable zoning ordinance O566 OPERATIONAL REQUIREMENTS FOfl LAND CLEARING AND INERT DEBRIS !LCID! LANDFILLS Land Clearing and Inert Debris (LCID) landfills shall meet the following operational requirements I11 Operational plans shall be approved and followed a5 specified /or the (ecibtY (21 The /acilrty shall only accept [hose solid wastes which rt is permitted to reserve (31 Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells (" (" 14) Adequate soil cover shall be applied monthly or when the active area reaches ono acre in srze, whichever occurs first CJyUX� 2 (5) 120 calendar dalys 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 soil cover sloped to allow surface water runoff In a controlled manner The Division may require further action in order to corect any condition which is or may become Injurious to the public health, or a nuisance to the community (6) Adequate erosion control measures, structures, of devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site erosion (7) Provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days upon completion of any phase of landfill development (8) The facility shall be adequately secured by means of gates, chains berms, fences etc to prevent unauthorized access except when an operator is on duty A attendant shall be on duty at all times while the landfill is open for public use to assure compliance with operational requirements and to prevent acceptance of unauthorized wastes (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 I11) Solid waste shall not be disposed of in water (12) Open burning of solid waste is prohibited 113) The concentration of explosive gases generated by the facility shall not exceed (a) Twenty fit a percent of the lower explosive limit for the gases in facility structures (b) The lower explosive limit for the gases at the property boundary 114) Leachate shall be properly managed on site through the use of current best management practices 17 5) 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 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 requirement is not applicable for facilities not requiring an individual permit Certification by Land Cwner, 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 13B, 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 lanc 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 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 e r ulre to comply Withall such revisions or amendments uL/� Tee r1 14n n�'s c= Print Name (Owner) Signature°(Owner) Date North Carolina,4 Llr� i County � Sulfascf7ka. Ny - Q 't a Notary Public for said Count�yy and State, do hereby certify fail-I-nes5 F�n,C.tJ a Jean #A KiZ, s_ that R� �irri n personally appeared before me this day and acknowledged the due f%i execution of the foregoing Instrument CHAP ,< 245 and of cial seal, this the day of 20 "No ary Public 20101 _ ELIZABETH T COOPER REGISTER OF DEEDS, BURKE JUDICIAL BUILDING 201 SOUTH GREEN STREET MORGANTON, NC 28655 Filed For Registration 05/23/2002 02 32.36 PM Book. RE 1120 Page 887-890 Document Na : 2002009362 LNDFIL 4 PGS $20 00 Recorder. JENNIFER FRANCIS State of North Carolina, County of Burke The foregoing certificate of TERESA S CHAPMAN Notary is certified to be correct. This 23 RD of May 2002 ELIZABETH T COOPERi, REGISTER OF DEEDS *2002009362* 2002009362 (�