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HomeMy WebLinkAboutN0637 L & L AUTO SALESNorth Carolina _ Department of Environment and Natural R(F� CLEVELAND Count NC �j r onJul 2004 at 01:30:13 WMA • ; by: BONNIE E. REECEMi� REGISTER OF DEEDS ��ivision o tWlagegent, BOOK 1421 PAGE 932 ael F. Easley, Governor / NCDENR- I*VilhwnG. Ross Jr., Secretary j fTr b R�.Lu.v.�..�...m....d......,..m.e.. We Ifflidii L. Meyer, Director (0 L LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION Pursuant A NCAC 13B .0563(2)(a), the land owner(s) and operator(s) of any Land Clearing and Inert Debris Lant itF 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 Rao der of Deeds shall index the notification under the name of the owner(s) of the land in the county or ties in which the land is located. The Register's seal and- the date, book, and page number of recordi4gg oust be included on,this form when submitted to the Division. This notification is not valid to authorize o tion of a landfill, nlass complete, accurate, recorded, and submitted to the Division as required. by 15Au C 13B .0563(2)(b). 1 . Facifity Name: 2. Facility location City: GRQ;V R 3 Directions to. S & L AUT( ES address): 1.0:19. t.nNr; RRArr���D County:CLEVELAND Zip; 28073 MERGE 0 I—'R�SOUTH The land on which. this landfill i,'� locatedas described in the deed recorded in: deed book:_ 16P kage: 797 county: CLEVELAND Narne of land owner: 6. Mailing address of land owner: .O . BOX 339 City: GROVER StafWNORTH CAROLINA Zip: 28073 7. Telephone number of land owner:( I 487-7401- If the land is owned by more than one person, attach additional sheets with the name, address, and phone number of all additional land ov s. B: Name of operator: BILL LATI; U� 9. Trade or business name of operator: L & L A�d�FO SALES 10. Mailing address of operator: -PO BOX 339 City: GROVER StateNORTH C)4 LINA Zip: 28073 1 1. Telephone number of operator: 7 If the landfill is operated by more than one person, a additional sheets with the name, address, and phone number of all additional operators. 12. Projected use of land after completion of landfill operations�,UTO SALVAGE YARD 1646 Mail Service Centel , Raleigh, North Carolina 2-1646 Phone: 919—733-0692 \ FAX: 919-733-4810\ Internet: w`,yw0eKstate.nc.us/ AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED / eKstate.nc.us/ CONSUMER PAPER BOOK 1421 PAGE 933 The fo6n, ng are the applicability, siting, and operating criteria for Land Clearing and Inert Debris Landfills operating under ation. — From: No h arolina Solid Waste Management Rules 15A NCAC 13B: .0101 DEFINIT (53) "Land cirri waste" means solid waste which is generated solely from land clearing activities such as stumps, trees, limbs, brush, grass, and other at rally occurring vegetative material. (54) "Land Ilea n nd inert debris landfill" means a facility for the land disposal of land clearing waste, concrete, brick, concrete block, uncontarninitteMmovil., gravel and rock, untreated and unpainted wood, and.yard trash. (55) "Yard trash" M solid waste resulting from landscaping and yard maintenance such as brush, grass, tree limbs, and similar vegetative materials. .0563 APPLICABILITY REEMENTS FOR LAND CLEARING AND INERT DEBRIS (LCIDI LANDFILLS Management of land clearing an i debris shall be in accordance with the State hierarchy for managing solid waste as provided for under N.C.G.S. § 130A-309.04(a). Disposal in 3TI ^ill is considered to be the least desirable method of managing land clearing and inert debris. Where landfilling is necessary, the requirements of this apply. (1) An individual permit from the ivision of. Solid Waste Management is not required for Land Clearing and Inert Debris (LCID) landfills that meet all of the follow(ng cond)t (a) The facility is to rated for the disposal of land clearing waste, inert debris, untreated wood, and yard trash. Operations must be consistent anP mpliance with the local government solid waste management plan as approved by the Division of Solid Waste Managemen . (b) The total disposal ar . minder two acres in size. (c) The facility and practi t.?jj��mply with the siting criteria under Rule .0564, and operational requirements under Rule _0566. (d) The fill activity is not exepgr3rom, and must comply with all other Federal, State, or Local laws, ordinances, Rules, regulations, or orders, including but nol limited to zoning restrictions, flood plain restrictions, wetland restrictions, sedimentation and erosion control requirements, and mining regulations. (2) Where an individual permit is not requ(re a following applies: (a) The owner of the land wherendfill is located must notify the Division an a prescribed form, duly signed, notarized, and recorded as per Rule .0563(2)1bl TIoperator of the landfill, if different from the land owner, shall also sign the notification form. (b) The owner must file the prescribe n ication form for recordation in the Register of Deeds' Office. The Register of Deeds shall index the notification in the grantor n 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 notifi affixed with the Register's seal and the date, book and page number of recording shall be sent to the Division of Sclid Wast 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 other instrument of transfer shall co a(n in the description section in no smaller type than that used in the body of the deed or Instrument a statement that the opflit y has been used as a Land Clearing and Inert Debris Landfill and a reference by book and page to the recordation of the notif11i *on. .0564 SITING CRITERIA FOR LAND CLEARING AND INERT OEEN S CID) LANDFILLS The following siting criteria shall apply for Land Clearing and Inert Deb ' ID) landfills: (1) Facilities or practices, shall not be located in the 100-dyear fl in. (2) Facilities or practices shall not cause or contribute to the taki 0 ny endangered or threatened species of plants, fish, or wildlife. (3) Facilities or practices shall not result in the destruction or adverse!!!!!! flcation of the critical habitat of endangered at threatened species as identified in 50 CFR.Part 17 which is hereby incorporated by refer ncluding any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, aural Resources, Division of Solid Waste Management, 401 Oberlin Road, Raleigh, North Carolina 27605 where copies can be obtaine at* cost. (4) Facilities or practices shall not damage or destroy an archaeological oY, hietorical site. (5) 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. (6) Facilities shall not be located in any wetland as defined in the Clean WatA t Section 4041b). (7) It must be shown that adequate suitable sails are available for cover, either re on or off site. (8) Land Clearing and Inert Debris landfills shall meet the following surface and 4 water requirements: (a) Facilities or practices shall not cause a discharge of pollutants into ds of the state that is in violation of the requirements of the National Pollutant Discharge Elimination System (NPDES), under S_ o don 402 of the Clean Water Act, as amended. (bi Facilities or practices shall not cause a discharge of dredged materials 0r fill material into waters of the state that is in violation of the requirements under Section 404 of the Clean Water Act, as amended. (c) Facilities or practices shall not cause non -point source pollution of waters f the state that violates assigned water quality standards. (d) Waste in landfills with a disposal area greater than two acres shall be placed a rinum of four feet above the seasonal high water table, except where an alternative separation is approved by the Division, v (a) Waste in landfills with a disposal area less than two acres shall be placed abov`�tltE seasonal high water table. (9) The facility shall meet the following minimum buffer requirements: (a) 50 feet from the waste boundary to all surface waters of the state as defined in ,S�jt43-212. (b) 100 feet from the disposal area to property lines, residential dwellings, commercial blic buildings, and wells. (c) Huffer requirements may be adjusted as necessary to insure adequate protection of OFhealth and the environment. (10) The facility shall meet all requirements of any applicable zoning ordinance. .0566 OPERATIONAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS a Land Clearing and Inert Debris (LCID) landfills shall meet the following operational requirements: C (1) Operational plans shall be approved and followed as specified for the facility. f2) The facility shall only accept those solid wastes which it is permitted to receive. (3) Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cal 14) Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever o cu�rst, ADDITIONAL OWNERS L & L AUTO SALES RONNIE LEONHART i.05iETTY LEONHART 3. E A LAIL �Y" k 1111 WILLIAMS ROAD 1111 WILLIAMS ROAD 845 LONGBRANCH RD KINGS MOUNTAIN, NC 28086 KINGS MOUNTAIN, NC 28086 KING5 MOUNTAIN, NC 28086 �yt�k OK 1421 PAGE Contact your county or municipal zoning office for appropriate local requirements, approvals or permits. 2. Please review Solid Waste Management Rules, Section .0564: Siting Criteria for Land Clearing and Inert �jDebris (LCID) Landfills, to make sure your facility is suitable. Pay particular attention to minimum buffer requirements, depth to groundwater, floodplains, wetlands, archeological and historical sites, etc. See page f the notification form. 3. C p etely.fill in the information (numbers 1 through 12) on page 1 of the LCID Landfill Notification form. 11 4. Sign 1 ppropriate certification s► by land owner and landfill operator. For additional land owners and landfill operators, attach separate notarized certifications for each additional land owner and landfill operator. Corporate I nd owners and/or operators should use the appropriate Corporate Certifications. Signature on the approfri a certifications indicate that siting criteria in item #2 above have been met and the facility will be operate ccordance with Solid Waste Management Rules, Section .0566: Operational Requirements for Land Cle and Inert Debris (LCID) Landfills. See page 2 of the notification form. N -A 5. Have the certifi��,ns from item #4 notarized by a Notary Public commissioned in the State of North Cara(ina. - 6. •Take the complete tID Landfill Notification form and accompanying notarized certifications to the county Register of Deeds f i to be recorded. The Register of Deeds shall index the notification in the grantor index under the namejthe owner of the land in the county or counties in which the land is Iodated. 7. Mail the completed and r ded notification form, affixed with the Register's seal and the date, book, and page number of recordin Division of ;1 Ste Management Solid Waste on Mail Service enter 1646 Raleigh, North Car4na 27699-1 646 If you have any additional question 4cloresvilie, rmation can be obtained from the Regional Solid Waste Section Offices located in Asheville, Fayettevill Raleigh, Washington, Wilmington, and, Winston-Salem, North Carolina. Disposition: This form will be transferred to t`ate Records Center when reference value ends. Records will be held for agency in the State Rec'gf V nter five (5) additional years and then transferred to the custody of the Archives. As long as your disposal activities remain in an area under ,2-acres in size; you may operate under the provisions of this notification. This notification is not transferrable. ` '' 10 The Land Clearing and Inert Debris landfill shall receive only: ❑ Land Clearing Waste as provided for in 1 5A NCAC 138 .0101 (53); stumps, trees, limbs, brush, grass, and other naturally occurring vegetative mater I. ❑ Inert Debris and untreated wood as provided for in NCAC 138 .0101 (54); concrete, brick, concrete block, uncontaminated soil, gravel and rock, eated and unpainted wood. ❑ Used asphalt as provided for under North Carolina Gen Statute §130A-309.09B(a)(1); used asphalt or used asphalt mixed with dirt, sand, gravel, rock,(a concrete. All sedimentation and erosion control activities shall be conducted in accordan� ith 15A NCAC 4, Sedimentation Control._ Construction and operations involving sedimentation and erosion control atti ties greater than 1 acre typically require approval from the Land Quality Section. Contact the Land Quality Section to determine if your activities require -)proval. `0 (5) BOOK 1921 PAGE. 936 120 calendar days 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 correct any condition which is or may become injurious to the public health, or a nuisance to the community. Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site erosion. 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. 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. An attendant shall be on duty at all times while the landfill is open for public use to assure compliance with operational Kquirements and to prevent acceptance of unauthorized wastes, cess roads shall be of all-weather construction and properly maintained. 2ur ace water shall be diverted from the working face and shall not be impounded over waste. waste shall not be disposed of in water. Turning of solid waste is prohibited. The,c4n entration of explosive gases generated by the facility shall not exceed: lal Twenty-five percent of the lower explosive limit for the gases in facility structures. (b) The lower explosive limit for the gases at the. property boundary. Leaehate_ sl*1 be properly managed an site through the use of current best management practices. Should thlDi lion deem it necessary, ground water or surface water monitoring, or both, may be required as provided for under Rules .0601 and .0602` f Os Subchapter. A sign shall d yed at the facility entrance showing the contact name and number in case of an emergency and the permit number. The permit numb rirement is not applicable for facilities not requiring an individual permit. Certification by Lan I certify that the inform��provided by me in this notification is true, accurate, and complete to the best of my knowledge. The f y 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 C The facility and operations of this landfill will also comply with all applicable Federal, State, an cal laws, rules, regulations, and ordinances. Where the operator is different from the land ownerTrie land owner, have knowledge of the operator's plans to dispose of solid waste on the land and I spec) cally grant permission for the operation of the landfill. I understand that both the land owner and ope for are jointly and severally liable for improper operations and proper l , closure of the landfill as provided for orth Carolina General Statute 130A-309.27. I further understand that North Carolina General Statute 110 22 provides for administrative penalties of up to five thousand dollars ($5,000.00) per day per each vi )n of the Solid Waste Management Rules. I further understand that the Solid Waste Management Rule �y be revised or amended in the future and that the facility siting and operations of this landfill will b guired to comply with all such revisions or amendments, see attached Print Name (Owner) SignatltVt Owner) Date North Carolina that County �n a Notary Pub' r said County and State, do hereby certify personally appearbefore me this day and acknowledged the due tteA execution of the foregoing instrument. Witness my hand and official seal,. this the (Official Seal) My commission expir day d,�� 20 Notary Pub'k� 2 RTH CARO LBYELAND COUcN,TY The Foregoing (orxed) certificateof effch a Gte.rt.ified to be correcto daY of 4 5; c C9_ By itegister of Deed. Public Certification by Land owner: BOOK 1921 'AGE 93 certify that the information provided by me in this notification is true, accurate, and complete to the best of my wledge. The facility siting and disposal operations of this Land Clearing & Inert Debris landfill will comply Athe requirements of Sections .0563, .0564, and .0565 of 15A NCAC 13B, North Carolina Solid Waste , Bement Rules. The facility and operations of this landfill will also comply with all applicable Federal, State, and IQyl laws, rules, regulations, and ordinances. Where the operator is different from the Landowner I the LandQwAr, have knowledge of the operator's plans to dispose of solid waste on the land and I specifically grant permiskjoh for the operation of the landfill. I understand that both the land owner and operator are jointly and severall;lable for the improper operations and proper closure of the landfill as provided for by North Carolina General Ska4ate 130A-309.27. I further understand that North Carolina General Statute 130Am22 provides for administrative penalties of up to five thousand dollars ($5,000.00) per day per each violation of the Solid Waste Management i I farther understand that the Solid Waste Management Rules may be revised or amended in the future and that Vf siting and operations of this landfill will be r `Facility g pe required to comply with all suc�,re�%kygn��r„w amendruen— pots if goomog000 Xz, 4 Print Name (Owner) Signature (Owner) Date }� .�„ p' Ar6LLAjog y P& hl, c Aflogi North C olina M r l'e .�r en,rr%• n �VffWR'ot f f, a s t N rtj' ol►o t l. �+ � G 0*7 oilCounty- • .t } )` revy I, � r e f L a Notary Public for said County and State, do h that is .' personally appeared before me this day and acknowledged the In of the foregoing instrument11 d� Print Nam (Owner) �, Si er) Date tyy C',„�M••� Fo'rp,Aer. .�7y .busyf'J a Public for said County and State, do per y appeared before me this day and acknowledged Win ,g. North of the foregoin%g�' t/ r o� e (4 r gill go North i Print Name (Owner) North `r z xeo�t3•b`n'` '°� � n i Le, r Si (Owner) Datebunty a Notary Publ6for said County and State, do' h" reh personally appeare(qpfore me this day and acknowledged thd,du* eX y,: " r, Lalc County a Notary Public for said ;pty and State, , do hereby certify personally appeared before me U47y and acknowledged the due execution mstrument �� i and official seal, this is the v2 d day of - Notary Public My Commission expires X. fox