N0188 LCIDN06BusterMcClean

State of North Carolina
Department of Environment,
Health and Natural Resources`4 •
Division of Solid Waste Management r
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E H 4 F10
William L. Meyer, Director
May 18, 1995
Buster McLean
McLean & Son's
Rt. 1 Box 90
Banner Elk, NC 28604
Ref: Land Clearing & Inert Debris Notification
Mr. McLean:
The Solid Waste Section has received your Land Clearing and Inert Debris landfill notification.
As long as your disposal activities remain under 2 acres, you may operate under the provisions
of this approval. If your landfill disposal activities grow in size to more than 2 acres, please
contact the Solid Waste Section for assistance in obtaining an individual permit.
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 necessitate modification of the construction and operation of this facility or
closure of this facility.
This approval is not transferrable.
The Land Clearing and Inert Debris landfill is permitted to receive:
• Land Clearing Waste as provided for in 15A NCAC 13B .0101(72); stumps,
trees, limbs, brush, grass, and other naturally occurring vegetative material.
• Inert Debris and untreated wood as provided for in 15A NCAC 13B .0101(73);
concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated
and unpainted wood.
• Used asphalt as provided for under North Carolina General Statute §130A-
309.09B(a)(1); used asphalt or used asphalt mixed with dirt, sand, gravel, rock,
and concrete.
Site preparation and construction shall be in accordance with 15A NCAC 13B .0564, Siting
Criteria For Land Clearing and Inert Debris (LCID) Landfills.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Afflrmative Action Employer 50%recycled/ 10%post-consumer paper

The facility must be operated in accordance with 15A NCAC 13B .0566, Operational
Requirements for Land Clearing and Inert Debris (LCID) Landfills.
All sedimentation and erosion control activities shall be conducted in accordance with 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. Contact the Land Quality Section to determine if your activities require approval.
Ground water quality at this facility is subject to the classification and remedial action
provisions of 15A NCAC 2L, Classifications and Water Quality Standards.
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,
Susan Wright
Approved:
i60M C
s C. Coffey, Sur
tting Branch
Waste Section
copy: Lena McLean - Land owner
Al Hetzell DSWM
CAW RIGHMUMNOTIMMCLEAN.I

Slate of North Carolina
Department of Environment,
` Health and,Natural Resources. P 1 e e
Division of Solid Waste Manage t
_u#
James B. Hunt, Jr., Governor 95 MAY I I PM 3t 2
Jonathan B. Howes, Secretary
William L. Meyer, Director `1AMELA T. BAKER
REGISTER OF B"eEBS
AVE eY COUNTY, N. C.
LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION
Pursuant to 15A NCAC 138 .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 rior
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 numerbof 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: McLean
2. Facility location (street address): Above Hwy. # 105 and south of Berry Rd
City: County: Avery Zip: 28604
3. Directions to Site: _ Hwy # 105 north to Berry Rd. turn left i0 50ft
turn left to approximately 500 ft. to site.
4. The land on which this landfill is located is described in the deed recorded in:
deed book: 40 page: 539 county:_ Avery
5. Name of land owner: Lena McLean
6. Mailing address of land owner: P • 0 • Box 1866
City: Banner Elk State: NC Zip: 28604
7. Telephone number of land owner.( ' n4 1 grg— 4700
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.
8. Name of operator: Buster M r Pan
9. Trade or business name of operator: M LE -an r 4nn rg
10. Mailing address of operator:__ Rt. 1 Box 90
City: Banner Elk State: NC Zip: 28604
11. Telephone number of operator:(704 1 898— 9300
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: Green Area
P.O. Box 27687, Rcleigh, Earth Carolina 27611-7607 Tel echone 919-733-4996 FAX [phone]
An Eccc: Occcruniiv -5. mauve Acion'empicier 50%recycled/ IM cost -consumer cccer
(Zero/o/3��9Y)

The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris
Landfills operating under notification.
2'70038'3
.01111 DEFINITIONS
(72) 'Land clearing waste' means solid waste which is generated solely from land clearing activities such as stumps, trees, limbs, brush,
grass, and other naturally occurring vegetative material.
(73) 'Land clearing and inert debris landfill' means a facility for the land disposal of land clearing waste, concrete, brick, concrete black,
uncontaminated soil, gravel and rock, untreated and unpainted woad, and yard trash,
(74) '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.
1 130A-309.04(a). Disposal in a landfill is considered to be the least desirable method of managing land clearing and inert debris. Where landfilling
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 (LCIDI 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 rom, an must comply with all other Federal, State, or Local laws, ordinances, Rules,
regulations, or orders, including but not limited to zoning restrictions, flood 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 landfill 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, affixed 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 iand 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, shallnot be located in the 100-year floodplain.
(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 available 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 snail 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 sails are available for cover, either from an or off site.
(B) 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.
(c) 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 Inert Debris (LCID) landfills shall meet the following operational requirements: ,
(1) Operational plans shall be approved and followed as specified for the facility. r. e
(2) The facility shall only accept those solid wastes which it is permitted to receive.
(3) colic waste snail be restricts to t e sma est area ease a an compacte as ensely as practical into cells.
(4) Adequate sail cover snail 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 fcct of suitable sail cover sloped to allow surface water runoff in a controlled manner. The Division may require
further action in orcer to correct any condition which is or may become injurious to the public health, or a nuisance to the community.

- 04/24/95 12:54 704 096 7900
State of North Carolina
Department of Environment,
T
Health and Natural Resources
Division of 5olia waste Ma nogement
L»Wl�t
JornesB,Hunt, Jr.,Governor g/1�1bR r '
e
Jonathan B. Bowes, 5ecretaN
Wllliorn L. Meyer, Director
aCANTWechniclar
erwiono lol to
LAND CLEARING AND INERT p91;81S LANDFILL NOTIFICATION;
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Pursuant to 15A NCAC 136 .0563(2)(a), the land ownerlsl and operator(sl of any Land Clearing
inert Debris Landfill under two (2) acres in size shall submit this notification form to the D)vlsrpn�
to constructing or aPerating the landfill, This form must be filed for recordation in the Reploy.
Oeads' Office. The Register of Deeds shall index the notification under the name of the owneris) a1
land in the county or counties in which the land It located, The Rso)ateet seal and N,a ,t...- r.,.,.r.
submitted to the Division as required
Facility location (street address
City:
The land on which this landfill is located is described in the deed recorded In: .
dead book:�0 ,,,r page: county:
Name of :and owner: G !-�f�'.62 - Yw e l w � " ..
Mailing address of land owner. 21-
city:-1741�,dh 14J! ZIP;_ C'& --.
Telephone number of land ownor:r %D '4' 1 9 <3 fr' 9 A o
If the land is owned by more than one person, attach additional shoats with the name,
and ohone number of all
Trade or business name of operator:__ _e4,e,- .4 rg*!±/E
Mailing aatddress of operator: ..._
City: ps7tF�r'M'� 1G---�.....
R; State: NLG°- zlp;��p
Telephone number of operaT,
Cr:r'7 0 T I -Y..9 g 9 3 d V
If the landfill is operated by more than one person, attach additional sheets whn the name,
address, and phone number of all additional operators,
use of land after completion of landfill operations:
_-. -- . I A s - n
P.O.i,ox27pc7, r.cleigh.Nonh Caralinn276i1-itd7 Telepnone919.733•4996 FAX919.71b.3W6

(6) Adequate erosion can:rn measures. structures, ar devices shall be utilized to prevent silt from leaving the site an- ;e prevent excessive
on site erosion.'
(7) Provisions for a ground co.er suff:c:ent to restrain erosion must be accomplished within 30 working days or : ZO calencar days upon
completion of any phase of :andfill development.
(8) The facility shall be acecua:e,y secured by means of gates, chains, berms, fences, etc. to prevent unauthorizec access except when an
pperatoTls onZLty, nn at:±nnaam shall e'ri onniU—yt a{ aTFtimes wFrd t e an l is en for pu6¢�to ass -he compiance with
operational requiremer.:s ano to prevent acceptance of unauthorized wastes.
(9) Access roads shall be of albweatner construction and properly maintained.
(10) Surface water shall be diverted from the working face and shall not be impounded over waste. 2 I QY.7�30
(11) Solid waste shall not be Esoosed of in water. (Gv
(12) Open burning of solid waste is prohibited.
(13) The concentration of exolcswe gases generated by the facility shall not exceed:
Is) Twenty-five cercent 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 procerly managed an 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 Pules
.0601 and .0602 of this Sachapter.
(16) A sign shall be posted at me 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 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, I, 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. 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 be required to
comply with all such revisions or amendments.
Ljav
Print Name (Owner) ignature (Owner) Daie
North Carolina
/���� A County
I' U a Notary Public for said County and State, do hereby certify
that personally appeared before me this day and acknowledged the
due execution of the forecoina instrument.
Witness my hand and official seal, this the day of 19�,
(Official Seal)
Note Public
�t11111d�fJll(/N
MYY0.m �Bi..... s 19 _.
NORTH CAROLINA
}OFFICE OF REGISTER OF DEEDS
AVERY COUNTY
THF4AFOREGOING CE T, OR ANNEXED CERT. OF
N.P.
�<)•;. r`>` OF SAID CO., & STATE IS R��TQIIFIIE�EDTO BE CO ECT.
FILED FOR REGISTRATION ATE CLOCKK 2—
/p�3��jy ON THE I DAY OF ��71--9r C7� << AND REGISTERED IN THIS OFFICE IN B KS 2-77) 3
AT PAGE S T) t ) , THIS THE
DAY OF -- Ma/d- 19_VJ

Certification by Landfill Operator (if different from Owner): 2700391
I certify thak 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 wittialf.,applicable Federal, State, and Local laws, rules, regulations, and ordinances. I have
informed the lancf'owner of my plans to dispose of solid waste on the land and the land owner has
specifically gtgnted 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 13OA-309.27. I further understand that North Carolina
General Statute 130A-22 provides for administrative penalties of up to five thousand dollars
($5,0OO.O0) 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 requir�coithll su h revisions or amendments.
� y-- �5`— 'F5
Print Name (Operator) Itgnature (Operatoff Date
North Carolina
yy County
1, cJ- Q<J�c— J , a Notary Public for said County and State, do hereby certify
that / .a& , �22,-ZZ: r personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
Witness my hand and official seal, this the Q� day of , 19 9�
ou u+ tart
rCN'`s•'s Notar ublic
My crjrf ni�s�eP�r�s:. 9 a 9 , 19�1�.
s and landfill operators, attach separate notarized certifications for each
Id'bwner arjd 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.
Purpose:
Distribution:
Disposition:
INSTRUCTIONS
Notification of Land Clearing and Inert Debris Landfills under two (2) acres in size is required under 15 NCAC 13B .0563(2)(a).
Contact the Solid Waste Section at the address below for further information.
Mail commeted recorded original notification to the following address:
This form will be transferred to
State Records Center five (5),
Division of Solid Waste Management '"y i, _.
Solid Waste Section:\�
PO Box 27687
Raleigh. North Carolina 27611-7687 .a, c ''j••,
[phone]
Itldnal years and to
S
of
when reference value ends. Fecofds will too e�tcr ain the W
ansferred to the custody of the Archives. ��' D- .,S
ksv