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
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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 (�