N0481 LCIDN06AldridgeSite

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WINSTON-SALEM REGIONAL OFFICE
January 14, 2000
Mr. Gary Lee Aldridge
81 John Erwin Road
Banner Elk, NC 28604
Ref: Land Clearing & Inert Debris Notification
John Erwin Road, Banner Elk, Avery County, North Carolina
Described in the deed Recorded in Book: 324 Page(s): 528-34
Mr. Aldridge:
The Solid Waste Section has received your Land Clearing and Inert Debris landfill
notification dated November 8, 1999. Disposal activities must remain under 2 acres to
operate under the provisions of this notification. An individual permit is not required for
these disposal activities and the following applies:
(a). The owner of the land where the landfill is located must notify the
Division on a prescribed form, duly signed, notarized, and recorded as
per Sub -item (2)(b) of this Rule. The operator of the landfill, if different
from the land owner, shall also sign the notification form.
(b). The owner must file the prescribed notification form for recordation in
the Register of Deeds' Office. The Register of Deeds shall index the
notification in the grantor index 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 notification, affixed with the Register's seal and the date, book,
and page number of recording shall be sent to the Division of Waste
Management.
If this property is sold, leased, conveyed or transferred, the deed or other
instrument of transfer shall contain in the description section, in no smaller type
than 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.
Amendments or revisions to the Solid Waste Management Rules or violation of
groundwater standards may require modification of the construction and operation of
this facility or closure of this facility. If information in the notification is found to be
inaccurate or false, then compliance action by the Solid Waste Section and/or the local
government with jurisdiction may result in closure of this facility.
585 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107,
PHONE [phone] FAX[phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/1 O% POST -CONSUMER PAPER

Mr. Aldridge
Page 2
January 14, 2000
If you have any questions or if we can provide any other assistance, please do not hesitate to contact
the Regional Waste Management Specialist, Mr. Al Hetzell at [phone]
Thank you,
Timothy A. Jew tt
Western Area En ' eer
Solid Waste Section
copy: Jim Coffey, Solid Waste Section
Brent Rockett, Solid Waste,Section
Al,'Hetzell;;Janet CantweH;'Solid Waste Section
his -Callahan: Raleigh Central LCID Notification File - Avery County
amfmocu 1v AYR vASMLCMNOTWEW CIDN

FILED in Averyy t
on Nov 08 1898 *011111=127 AM NORTH CAROLINA
ky: Tonds T. Biker ENVIRONMENT AND NATI
Roister of Dead* ASHEVILL
BOOK 324 PAGE 520 1
LAND CLEARING AND INERT DEBRIS LANDFILL
Pursuant to 15A NCAC 138 .0563(2)(a), the land owner(s) and cpam/ Lard
Clearing and Inert Debris Landoll under two (2) acres in size shall submit this notificatien
farm to the Division prier 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 data, beck, and pace number of
submitted to the Division. This
n is'not valid to authorize operation of a landfill unless complete, accurate,
and submitted to the Division as required by 15A NCAC 138 .0563(2)(b).
Ivau.c.
location (street address): A Lzn's,w bQ��.D
af
), _ . l' 14 Cnuntv: '4 )e2: Zip:
Directions to
The land on which thislandfiil is located is described in the deed recorded in:
Deed Ecok:!7y— F3ge:13LL— County:
erg,
Name of land owner:
` O I C�L7 iA t'^�•I%
Maiiln address of 1-and Owner: Jon
City��n'� CI Stater_- Zip:
Taiephcne number cf land cl.Amer:( �2y
If the lard is owned by mere than, one person, arach additional sheets with tM e
name, address, and phone nu
mber of all additional land owners.
?. Name of operator: A� 2 1S a
Trade or business name Of cperatcr.
10. Nlailln5 address of cperatcr:
city: ii n. jE k
State: Zip:
11. Telephone number of cperatcr:(
If the landfill is operated by more than one person, attach additional sheets wltn
the name, address, and phone number of all additional operators.
12. Projected use of land az.er completion of la ^dfill operations:
INTERCHANGE BU I LOINGo 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801
PHONE 828-2S1.8208 FAX [phone]
AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER-SOq RECYCLED/10q POST-CONSU M ER PAPER

The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris liandfi!!s,
Operati}, g under notification.
.0101 , DEFINITIONS
(72)e1N'Ift red st clearing wae- means solid wasta which is generated solely from land clearing activities such as stumps, trees. limbs, brush, grass, end
er naturally occurring vegetative material.
(t) t 'Land clearing and inert debris landfill' means a facility for the land disposal of land clearing waste, concrete, brick, concrete block,
. uncontaminated sail. gravel and mck, untreated and unpainted wood, and yard trash.
(74."_. '�Yard V.an' means solid waste resulting from landscaping and yard maintenance such as brush, grass, tree limbo, and similar�ative
aterials.
J .0663 APPL ICASIL17Y RECUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
Management or land c:eanng and inert debris shall he in accordance with the State hierarchy, for managing solid waste as provided for under N.C.G.S, i
130A-309.04(a). Disposal in a landfill is considered to be the least desirable method of managing land clearing and inert debris. Where landfiilin t
necessary, the requirements of this Rule apply. g is
(1) An individual permit from the Division of Solid Waste Management is not required for Land Clearing and Inert Debris (LC:D) landfills that meet
all of the following conditions:
lei The facility is to be operated for the disposal of land clearing waste, inert debris, untreated woad, and yard trash. Operaicns must
be ccnsistant and in compliance with the local government solid waste management plan as approved by the Division of Solid West,
Management.
(b) The total disposal area is under two acres in size.
_. lei The facility and practices comply with the siting criteria under Rule .0584, and operational requirements under Rule .05e-a.
lei) The `.ill adaviry is not exempt them, and must ccmply with all other Federal. State, or Local laws, ordinances. Rules, requlatione. or
orders, ine:uding but not limited ad zoning restri haons, flood plain restrictions, wetland restrictions, sedimentation and erosion control
requirements. and mining regulations.
_ Where an individual permit is not required, the following applies:
(a) The owner of the land •ahem the landfll is located must notify the Division an a prescribed farm, duly signed. notarized. and recorded
as per Rule .0563(2)Ibl. i e operator or me landfill. if different from the land owner, snail slap sign - a Foundation forin.
(b) i e owner must aid • e prescribed notification form for recordation in the Register of Deeds' Office. The Register of Deeds shall index
A eddy or the recorded notification, arfixed with the Register's seal and the date, back and page number of recording shall be sent
to the Division of Solid Waste Management.
(c) When the land an which the Land C:earing and Inert Debris Landfill is said, leased. conveyed. or transferred in any manner, the deed
or other 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 prepemy has been used as a Land C:earing and Inert Debris Landfill and a reference by book and page
to the recordation of the notification,
.OS64
SITING CRITERIA FCR LAND CLEARING AND INERT DEBRIS (LC:O) LANDFILLS
The following siting cmena snail aooiy for Land C:earmg and Inert Dean& 0.CD) landfills:
(1)
Facilities or practices, shall not he located in the 100-year floodplain.
(2)
Facilities or pracacas shall not cause or contribute to me taking of any endangered or threatened species of plants, fish, or wildlife.
- (3)
Facilities at prac:feas snail not result in :he destruction or adverse modification of the critical habitat of endangered or threatened species as
identified in 50 CrR Part 17 which is hooray incorporated by reference including any subsequent amendments and editions. This m-1-rial is
available far inscec-ion at the Department of EnvironmenL Health. and Naturai Resources. Division of Solid Waste Management. 4� eriin
Road. Raleigh, North Carolina 27605 where copies can be obtained at no eosz.
(4)
Facilities or practices shall not damage or destroy an archaeological or historical site.
' (5)
Fddirities or preences snail not cause an adverse impact an a state park, recreation or scenic area. or any other lands included in the state nature
and historic preserve.
(61
Faeffitles snail not be located in any wetland as defined in the C:ean Water Act Section 4C4lb).
171
It must be shown -heat adequate suitable sells are available for cover, either from an or off site.
(a)
Land C:earing and Ine t Debris landfills shall meet the following surface and ground water requirements:
lal ncd'Ses or pmctices shall not cause a dischame of pollutants into waters of the stale that is in violation of the requirements of the
National Fdilut3nt Discharge E:imination Svstem (NPCES), under Section 402 of the Crean Water Act, as amended.
(al Facilities or practices snail not cause a discharge of dredged materials or rill material into waters of the state that is in violation of
the requirements under Section 4C4 of the Crean Water Act. as amended.
(c) Fwffaes ar proofs$ shall not cause non -paint source pollution of waters of the state that violates assigned water quality standards.
(d) Warta in !anafiils with a disposal area greater than two acres shall be placed a minimum of tour fact above the seasonal high water
table, excspt where an alternative separation is approved by the Division.
191
(e) Waste in landfills •with a discosal area less than two acres shall he placed above the seasonal high water :able.
Tne fac illy shall .meet the `.allowing minimum buffer requirements:
lal ou rest .ram trim waste cdunizary :a ail suraca waters of the state as defined in G.S. 143-212. ..
(b) T175 et Tmm the disposal area ;a pincer./ lines. residential dwellings, commercial or public buildings, and wells.
(c) Butfer recuimments may be adjusted as necessary :a insure adequate protection of public health and the environment
(10)
Tne facility snail meet all requirements of any applicable zoning ordinance.
-0668
OPERATIONAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LC:01 LANDFILLS
Land C:earing
and inert means (L::C) landfills snail meet the toilowing operational requirements: -
(1)
Operational plans shall be approved and followed as specified far the facility.
(2)
The faciiir/ snail gniy adcaot those solid wastes which it is oermitted to receive.
(3)
Sclid wasta snail 'oe myrie:ed to the smallest area feasible and compacted as densely as practical into calla.
(4)
Adequate sail cover snail be applied monthly, or when the active area reaches one acre in size, whichever scours first.
(5)
dniei' n�artar completion of any phase at disposal operations. or upon revocation of a permit. the disodsSl area shall be covered with
a minimum of and 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 became injurious :o the public health, or a nuisance to the community.
(6)
Adequate emsien central measures, strucvres, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site
erasion.
(7)
Fmvisicns .for a ground cover sufficient to restrain erosion must be accomplished within 00 working days or 120 calendar days upon completion
or any press of landfill development. -
(a)
The fadrm/ $hail he adeeuateiv secured by means of gates. chains, berths, fences. eta. to prevent unauthorized access except when a '� star
is an ury. An aEendant shall be on duty at all times while the lariat is open to,pus lie use to assure compliance with operational regn_.aents
and to prevent sccaptonce of unauthorized wastes.
(9)
Access mods shall be of all-weather construction and properly maintained.

BOOK 324 PAGE 530
-001 Surface water shall be diverted from the working fees and shall not be impounded over waste.
111) $o,d waste she net be d,spcsed of in water.
(121 Pen ummg a selid waste is prohibited.
(101 The concanvauan a explosive gases generated by the facility shall not exceed:.
(al Twenty-five percent of the lower explosive Omit for the gases in aci rty structures.
(b) The lower explosive limit for the gases at the property boundary.
(14) Laaahate shall be properly managed on site through the use of current beat management practices.
(IS) Should the Division deem it necessary, ground water or surface water monitoring, or both. may be required as provided for under Rules .0601
and .060 a this Subchapror. -
(1 Sl A sign shag be pasted at the facility entrance showing the contact name and number in ease of an emergency and the permit number. The permit
number requirement is not applicable for facilities not requiring an individual permit
Certification 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 will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 13S,
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, 1, the land owner, have knowledge of the operator's
plans to dispose of solid waste on the land and I specifically grant permission far 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 landfiil 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 05,000.00) 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 amendments.
4an, Lee A 1,0, Lam_ 4 f
Print Name (Owner) ig ture (Owner) Date
North Carolina
County
a Notary Public for said County and State, do hereby certify that
personally appeared before me this day and acknowledged the due
cf the foregoing instrument.
21.1fi
Lt Y4
official seal, this the b' day of
( ffi i b C T
t Nota P lic
IV �Irrirtr ,Vivi1 l ires �p - /(� 1�e6
1+
OY 19 77

Certification by Landfill Operator (if olt7erent trom Vwrltary: -•• -
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 13E,
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 eve
informed the land owner of my plans to dispose of solid waste on the land and the land owrl.r has
specifically granted permission for the operation of the landfill. 1 understand that both the operator and
land owner are jointly and severally liable for improper operations and proper closure of the landfill as
provided for by North Carolina General Statute 13OA-309.27. I further understand that North Carolina
General Statute 13OA-22 provides for administrative penalties of up to five thousand dollars
($5,000.00) per day per each violation of the Solid Waste Management Rules. I further understand that
the Solid Waste Management Rules may be revised or amended in the future and that the facility sltinc
and operations of this landfill will be required to comply with all such revisions or amendments.
N me (Operator) -------- Sig re (Operator) -- Date - -
North Carolina
certify that
personally appeared before me this day and acknowledged the due
For additional land owners and landfill operators, attach separate notarized certifications for each additional land
owner and landfill operator.
For Corporate land owners and/or operators, use the Corporate Certifications, pages 5 and 6. Contact the Division
of Solid Waste Management for proper applicable certifications.
INSTRUCTIONS
Purpose: Notification of Land Caadng and Inert Debris Landfill$ under two (2) acres in size is required under 15 NCAC 133 .0563121(al. Cantae; the Solid
waste eczon at tile cadre$$ heigw far further adarmadon.
Distribution: Mail completed recorded original notification to the fallowing address:
Division of Waste Management
Solid Waste Section
Fo cox 29603
Raleigh. North Carolina 27e11.9603
[phone]
Disposition: This forth will be transferred to the state Records Canter when reference value ends. Records will be hold for agency it State
Records Canter five (5) additional yeere and than transferred to the custody of the Archives. ,
G

{ BOOK 324 FAGE 532
Certification by Corporate Land Owner:
I certify that the information provided by me in this notification is true, accurate, and /amplete 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 13E,
North Carolina Solid Were Management Rules. The facility and operations of this landfill will also
comp] with all applicable Federal, State, and Local laws, rules, regulations, and ordinances. Where
the operator is different from the corporate land owner, the corporate land owner, has knowledge c'
the operator's plans to dispose of solid waste on the land and is specifically granted permission for the
operation of the landfill. It is understood that both the corporate 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. It is further enderstand 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. It is further understood 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 amendments.
Corporation Name (Print)
(Corporate Seal)
President or Vice -President Name (Print)
President or Vice -President Signature
North Carolina
County
Date
Attest:
Corporate Secretary Name (Print)
Corporate Secretary Signature
a Notary Public for said County and State, do hereby certify that
(name of secretary) personally appeared before me this day and
acknowledged that he (or she) is secretary of
(name of corporation), a
corporation, and that by authority duly given and as the act of the corporation, the forgoing instrument
was signed in its name by its
(president or vice-president), sealed with it --
corporate seal, and attested by himself (or herself) as its secretary.
Witness my hand and official seal, this the
(Official Seal)
day of
Notary Public
My commission expires , 1 °
19
c

Gertiticavon oy Lorporate Lanatw vpc+01WO W ul"' ' .. ..•
LEE that the information provided by me in this notification is true, accurate, and complete tb 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 13e,
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. Tn- 1,nd
owner has been informed of plans to dispose of solid waste on the land and the land owns ,Ias
specifically granted permission for the operation of the landfill. It is understood that both the operator
and land owner 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. It is further understood that Ncrh
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. It is further understood
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 amendments.
Corporation Name (Print)
(Corporate Seal)
Anest:
Date
President or Vice -President Name (Print) Corporate Secretary Name (Print)
President or Vice -President Signature
North Carolina
Corporate Secretary Signature
County
a Notary Public for said County and State, do hereby certify that
(name of secretary) personally appeared before me this day and
acknowledged that he (or she) is secretary of
(name of corporation), a
corporation, and that by authority duly given and as the act of the corporation, the forgoing instrument
was signed in its name by its
(president or vice-president), sealed with its
corporate seal, and attested by himself (or herself) as its secretary.
Witness my hand and official seal, this the
(Official Seal)
My commission exp
day of.
Notary Public
19
19
HANOTIFf.FRNI
9

BOOK 321 PAGE o34
NORTH CAROLINA IOFF ICE014MIMOFEWIN
AVERY COUNTY
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