N0700 LCIDN06MountaineerLandscaping

'A
NCDENR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
Dexter R. Matthews, Director Division of Waste Management
June 23, 2006
Mr. Wayne Brewer
Mountaineer Landscaping, Inc.
P.O. Box 949
Linville, NC 28646
AND NATURAL RESOURCES
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Re: Land Clearing & Inert Debris Notification for Site Less than 2 Acres in Size
Mountaineer Landscaping, Inc
387 NC Highway 105
Linville, NC 28646
Recordation: Book 403, Pages 1757-1762
File ID N0700
The Solid Waste Section reviewed your Land Clearing and Inert Debris (LCID) landfill notification for the above
referenced address received on June 22, 2006. Based on the information submitted in the notification, approval for
operation of a LCID landfill is hereby granted for disposal activities at the referenced property as long as the facility
does not exceed 2 acres in size.
Please be aware that you will be in violation of the North Carolina Solid Waste ManagementRule .0563(1) and
subject to enforcement action should your LCID disposal facility exceed 2 acres in size. Facilities larger than 2
acres must comply with more stringent requirements for an individual permit. The Notification process does not
satisfy the conditions for an individual LCID permit greater than 2 acres in size.
The authorization for a LCID disposal facility less than 2 acres in size is issued under the conditions summarized
below and specifically contained in North Carolina Solid Waste Management Rules 15A NCAC 13B Sections
.0563, .0564 and .0566.
1) When the property is sold, leased, conveyed or transferred, the deed or other instrument of transfer shall contain
in the description section a statement that clearly states the property was used as a Land Clearing and Inert
Debris landfill. The statement shall be in type that is no smaller than the size used in the body of the deed or
instrument.
2) Amendments or revisions to the Solid Waste Management Rules or the violation of groundwater standards may
necessitate modification of the construction, operation or closure of this facility.
3) This authorization is not transferable.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Telephone [phone] \ Fax [phone] \ intemethttp://wastenotnc.org
An Equal Opportunity / Affirmative Action Employer— Printed on Dual Purpose Paper

Land Clearing & Inert Debris Notification for Site Less tun 2 Acres in Size
Mountaineer Landscaping, Inc
387 NC Highway 105
Linville, NC 28646
June 23, 2006
Page 2 of 2
4) Aland clearing and inert debris landfill as defined in Rule .0101(54) means a facility for the land disposal of
land clearing waste, concrete, brick, concrete block, uncontaminated solid , gravel and rock, untreated and
unpainted wood and yard trash.
a) Land Clearing Waste as defined in Rule .0101(53) as solid waste which is generated solely from land -
clearing activities, limited to stumps, trees, limbs, brush, grass, and other naturally occurring vegetative
material.
b) Yard Trash, as defined in Rule .0101(55) means solid waste resulting from landscaping and yard
maintenance such as brush, grass, tree limbs and similar vegetative materials
As provided under North Carolina General Statute 130A-309.09B (a)(1), used asphalt or used asphalt mixed
with dirt, sand, gravel, rock, and concrete may also be accepted for disposal.
5) Site preparation and construction shall be in accordance with 15A NCAC 1313.0564, Siting Criteria For Land
Clearing and Inert Debris (LCID) Landfills.
6) The facility must be operated in accordance with 15A NCAC 13B .0566, Operational Requirements for Land
Clearing and Inert Debris (LCID) Landfills.
7) The approved facility must comply with the sedimentation and erosion control requirements contained in 15A
NCAC 4, Sedimentation Control. Construction and operations involving sedimentation and erosion control
activities greater than 1 acre typically require approval from the Land Quality Section. You should contact the
Land Quality Section at [phone] to determine whether your disposal activities require approval.
8) Ground water quality at this facility is subject to the classification and remedial action provisions of 15ANCAC
2L, Classifications and Water Quality Standards. Please contact the Water Quality Section (1-877-623-6748)
for additional information.
9) Closure of the facility shall be in accordance with 15A NCAC 13B .0566(5). The closure requirements stipulate
that at least 1 feet of suitable soil cover be applied within 120 calendar days after completion of any phase of
disposal operations or upon revocation of the authorization. The soil cover must be sloped to allow surface
water runoff in a controlled manner. Please note that the regulations give the Solid Waste Section the authority
to require further actions if needed to correct any adverse condition.
Should you have any questions or need additional assistance, please do not hesitate to contact either me at 828-296-
4703 or Deb Aja, Waste Management Specialist at 828-296-4702.
Sincerely, %
ai�+aa C�
an C. Coffey,
Asheville Regional Engineer
Solid Waste Section
cc: Deb Aja

9�
FILED in Avery County, NC
on Jun 20 2006 at 02:18:16 PM
by. Ternela T. AM74415f,
Register ofODeeds
BOOK 403 PAGE 1757
NCDENR
North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor
William G. Ross Jr., Secretar{
LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION
Pursuant to 15A NCAC 13B .0563(2)(a), the land owner(s) and operator(s) 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
2. Facility,
3. Directions
(street
4.. The land on which this
deed book:_ <3( (
5. Name of land owner:
County:
is located is described in the deed I
— page: lt?
6. Mailing JJaddressof land owner:
City: I Iwoaylct
7, Telephone number of land owner:
1
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.
Name of operator: iii
Trade or business name of
Mailing address of operator:
11. Telephone number of
r
If the landfill is operated by more than one person, attach additional sheets with the name, address, and phone
number of all additional operators. r
12. Projected use of land after completion of landfill operations:
1646 Mail Service Center. Raleigh, North Carolina 27699-1646
Phone: [phone] FAX: [phone] Internet http:l/wastenotnc,org
An Equal Opportunity l Affirmative Action Employer —Printed. on Dual Purpose Recycled Paper
1

BOOK 403 PAGE 1758
The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris Landfills operating under notification
From: North Carolina Solid Waste Management Rules 15A NCAC 13B:
.0101 DEFINITIONS
(53) "Land clearing waste" means solid waste which is generated solely from land clearing activities such as slumps, trees, limbs, brush, grass, and other naturally
occurring vegetative material.
(54) "Land clearing and inert debris landfill" means a facility for the land disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel
and rock, untreated and unpainted wood, and yard trash.
(55) "Yard trash" means solid waste resulting from landscaping and yard maintenance such as brush, grass, tree limbs, and similar vegetative materials.
.0563 APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
Management of land clearing and inert 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 a landfill is considered to be the least desirable method of managing land clearing and inert debris. Where landfil(ing is necessary, the requirements of this Rule
apply.
(1) An individual permit from the Division of Solid Waste Management is not required for Land Clearing and Inert Debris (LCID) landfills that meet all of the following
conditions:
(a) The facility is to be operated for the disposal of land clearing waste, Inert debris, untreated wood, and yard trash. Operations must be
consistent and in compliance with 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.
(c) The facility and practices comply with the siting criteria under Rule .0564, and operational requirements under Rule .0566.
(d) The fill activity is not exempt from, and must comply with all other Federal, State, or Local laws, ordinances, Rules, regulations, or orders,
including but not limited to zoning restrictions, food plain restrictions, wetland restrictions, sedimentation and erosion control requirements, and mining
regulations.
(2) Where an individual permit is not required, the following applies:
(a) The owner of the land where the landfll is located must notify the Division on a prescribed form, duly signed, notarized, and recorded as
per Rule .0563(2)(b). 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, affived with the Register's seal and the date, book and page number of recording. shall be sent to the Division of Solid Waste
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 contain in the description section In no smaller type than that 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 and a reference by book and page to the recordation of the notification.
.0564 SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
The following siting criteria shall apply for Land Clearing and Inert Debris (LCID) landfills:
(1) Facilities or practices, shall not be located in the 100-year foodplaln.
(2) Facilities or practices shall not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife.
(3) Facilities or practices shall not result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified In 50 CFR
Part 17 which is hereby Incorporated by reference including any subsequent amendments and editions. This material is avallable for Inspection at the Department
of Environment, Health, and Natural Resources, Division of Solid Waste Management, 401 Oberlin 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 historical 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 Water Act, Section 404(b).
(7) It must be shown that adequate suitable soils are available for cover, either from on or off site.
(8) Land Clearing and Inert Debris landfills shall meet the following surface and ground water requirements:
(a) Facilities or practices shall not cause a discharge of pollutants into waters of the state that Is in violation of the requirements of the National
Pollutant Discharge Elimination System (NPDES), under Section 402 of the Clean Water Act, as amended.
(b) Facilities or practices shall not cause a discharge of dredged materials or fill material into waters of the state that is in violation of the
requirements under Section 404 of the Clean Water Act, as amended.
(0) Facilities or practices shall not cause non -point source pollution of waters of the state that violates assigned water quality standards.
(d) Waste in landfills with 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.
(a) Waste in landfills with a disposal area less than two acres shall be placed above the 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 G.S. 143-212.
(b) 100 feet from the disposal area to property lines, residential dwellings, commercial or public buildings, and wells.
(c) Buffer requirements may be adjusted as necessary to insure adequate protection of public health 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
Land Clearing and men Debris (LCID) landfills shall meet the following operational requirements:
(1) Operational plans shall be approved and followed as specified for the facility.
(2) 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 cells.
(4) Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first
(5) 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.
(6) Adequate erosion control measures, structures, or 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.

BOOK 403 PAGE 1759
(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. An
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 accoptance 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.
(11) Solid waste shall not be disposed of in water.
(12) Open burning of solid waste is prohibited.
(13) The concentration of explosive gases generated by the facility shall not exceed:
(a) 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.
(14) Leachate shall be properly managed on site through the use of current best management practices.
(15) 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,
(16) A sign shall be posted at the facility enhance 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 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 1313, 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 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. I 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 be required to comply with all such
revisio s or mend ents. t
Print Name (O ner) Signature (Owner) Date
North Carolina
'-` -fA-L� County
I, LT(I a Notary Public for said County and State, do hereby certify
,that n ��x INle�g &fe0 a v— personally appeared before me this day and acknowledged the due execution of
the foregoing instrument. I
J
Witnes my hand,and official seal, this the day of , 20 C/
(Offigl l Seal)
Nr t Publ'c
My cgmmisslon Tpiires 6 — ✓ V,200
s,AU(,l_
i'

BOOK 403 PAGE 1760
Certification by Landfill Operator (if different from 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 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. I have informed the land owner of my plans to dispose of solid waste on the land and the land owner has
specifically granted permission for the operation of the landfill. I 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 130A-309.27. I 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 thi,q landfill will be required to omply with all such revisions or
Pramendments. 4 ' �)A
Print Name (Operator)
Signature (Operato to
North Carolina
yA
�Z County
I, k, -F_ Z 0-A' a: S 0M a Notary Public for said County and State, do hereby certify
that (]An---, Vd &g dew' UI personally appeared before me this day and acknowledged the due execution of
the foregoing instrument.
Witn s,s�my hand and'efficial seal, this the T day of 20.
. .i.. (Official Veafryl)
r v Nta Public
My commission expires , 20.
3'
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 Clearing and Inert Debris Landfills under two (2) acres in size is required under 15 NCAC 136 .0563(2)(a). Contact the
Solid Waste Section at the address below for further Information.
Distribution: Mail completed recorded original notification to the following address:
Division of Solid Waste Management
Solid Waste Section
1646 Mail Service Center.
Raleigh, North Carolina 27699-1646
[phone]
Disposition: This form will be transferred to the State Records Center when reference value ends. Records will be held for agency in the State Records Center five
(5) additional years and then transferred to the custody of the Archives.

Certification by Corporate Land Owner: BOOK 403 PAGE 1761
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 corporate land owner, the corporate land owner, has knowledge
of 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
understand that North Carolina General Statute 130A-22 provides for administrative penalties of up to five thousand
dollars ($5,000.00) per day per each violation of the Solid Waste Management Rules. It is further understood that the
Solid Waste Management Rules may be revised or amended in the future and that the facility siting and operations of this
landfill will be required to comply with all such revisions or amendments.
4not;AA.4,'44Pex-L"45'17nr lra .ifsr 4a ,
Corboration Name(Print) I J ( Date
(Corporate Seal) Attest:
President or Vice-Presi nnttt Name (Print)
4resice-Pre en>'t5lgns�tur6
North Carolina
County
a Notary Public for said County and State, do hereby certify
that-Thro-,,a 4, 8r-Pg) e r- (name of secretary) personally appeared before me this day and acknowledged
that he (or she) is secretary of �yYlywv n p >.r �trc� p�� ,C (name of corporation), a corporation, and that
by authority duly given and as the act of the corporation, the forgoing instrument was signed in its name by its
(president or vice-president), sealed with its corporate seal, and attested by himself (or herself)
as its secretary.
Witness my, NYhd,end official seal, this the cii'� day of 14pl ca , 20 J 1D
r r ,p
(OfitSeai
ciaC
G P } of ublic
My ci$ -sign �e>i$es P , 20
U t,

BOOK 403 PAGE 1762
Certification by Corporate Landfill Operator (if different from 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 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. The land owner has been informed of plans to dispose of solid waste on the land and the land owner has
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 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.
C r orationName (Print) ; ate
(Corporate Seal)
Attest:
North Carolina
County
I, 6-fr L"e b 0 YL a Notary Public for said County and State, do hereby certify
that iw `"A "�40 C, + 11 (name of secretary) personally appeared before me this day and acknowledged
that he (or she) is secretary of 6l{acun 611 ne• ?- f'*ii1Jar (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 sect
Witness rrly(iMnd and offcfal seal, this the day of 20 to
(Official.~
NclaryPublic
My commission expires . tD V .20 .