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HomeMy WebLinkAboutN0736 LCIDN11ContractorsMaterialsRecycleCenterState of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 NJ Division of Solid Waste Manazement James B. Hunt, Jr., Governor Solid 'Waste Section Jonathan B. Howes, Secretary `f Telephone (919) 733-4996 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 {andfill. 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 .$ubmitted to the Division. This notification is not valid to authorize operation of a landfill unless cgrl p &, accut;pte, and recorded as required by 15A NCAC 138 .0563(2)(b). Contractors Materials Recycle Ce �•- 1. Facility Name: _ c 2. Facility location (street address): Goldview Road-73 M City: Weaverville County: Buncombe Z:. r- 3. The land on which this landfill is located is described in the deid recorc ad in: deed book: 1464 page: 114 county: 3u.ncom9e 4. ame of land owner: Aggregate Resources 5. Mailing address of land owner: P • 0. Box 425 City: Swannanoa State: NC Zip: 28778 6.(Name Telephone number of land owner:( 704 ) 686-3844 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. 7. of operator:- Grove Stone Management 8. Trade or business name of operator: Grove Stone & Sand Company 9. Mailing address of operator: P . 0. Box 425 City: Swannanoa State: NC Zip; 28778 10. Telephone number of operator:( ) If the landfill is operated by more than one person, attach additional sheets with the name, address, and phone number of all additional operators. 11. Projected use of land after completion of landfill operations: Pasture P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 Fax # �19-733-0513 An Equal Opportunity Affirmative Action Employer <jP..w. -/ 7'3� t7t1 ! Vl.+U1u 41100 The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris Landfills operating under notification. .0101 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. (731 "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. (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 (LCID1 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. S 13OA•309.04(a). Disposal in a landfill is consi6ered 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 (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. Ic) The facility and practices comply with the siting criteria under Rule .0564, and operational requirements under Rule .0566. y (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, flood plain restrictions, wetland restrictions, sedimentation and erosion control requirements, and mining regulations. (2) Where an individual permit is not required, the following applies: (al The owner of the land where the landfill is located must notify the Division on a prescribed fors, 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 land on which the Land Clearing and Inert Debris Landfill is sold, leased, conveyed, or transferred in any manner, the dead 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. .0684 SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS ILC1D) LANDFILLS The following siting criteria shall apply for Land Clearing and Inert Debris (LCI01 landfills: (1) Facilities or practices, shall not be located in the 100-year f)oodplain. (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 orthreatened 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 27606 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 sails are available for cover, either tram 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 INPOES), 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.pssigned water quality standards. 1d) Waste in landfills with a disposal area greaterthan two acres shall be placed a minimum of fourfeetabove theseasona( high water table, except where an alternative separation is approved by the Division. '• (e) Waste in landfills with a disposal area less than two acres shall be placed above the seasonal hiO:wrtLer'tabIa. (9) The facility shall meet the following minimum buffer requirements: 'yr (a) 60 feet from the waste boundary to all surface waters of the state as defined in G.S. 143-212", a'••... (b) 100 feet from the disposal area to property lines, residential dwellings, commercial or public bull din in wells. (e) Buffer requirements may be adjusted as necessary to insure adequate protection of public health acid the an. nment. (10) The facility shall most all requirements of any applicable zoning ordinance. .0666 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. (2) The facility shall only accept those solid wastes which it is permitted to receive. 13) Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells. F6 1' Z) V (4) Adequate sail cover shall be applied monthly, or when the active area reaches one acre in size. whichever occurs first. (5) 120 calendar days after comple' � f any phase of disposai operations, or upon revocatiof permit, the disoosal area shall be covered with a minimum of one A. Jof suitable soil cover sloped to allow surface water run, r 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 sift 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. IS) 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 acceptance of unauthorized wastes. (S) Access roads snail be of all-weather construction and properly maintained. 110) Surface water shall be diverted from the working face and shall not be impounded over waste. 1111 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: la) 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 property 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. fie) 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 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 oruinances. 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. 1 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 siting and operations of this landfill will he required to comply with ail such revisions or a n men Grove Stone & Sand Co. 1�� �.�-- July 12 , 1994 Print Name (Owner) Sig?ture (Owner) Date North Carolina oytla, h County :... l,'..,t,•: a�A.h ; A manors , a Notary Public for said County and State, do hereby certify Floe ,e•ccZa, •�. a. (-- o a d Yti1 a h-, personally appeared before me this day and acknowledged the 4. K ; geEeUcQdp'3 bf`;xhe foregoing instrument. • - y V�%itrf�Ss�my ia.,,d=and official seal, this the day of 19 F • «'tea r3. ' ��j'dx �M1 SRN 01.��'1'��`• . Nofary #ublic " ,,rr71t111!1!111.., My commission expires 3 Un V V U rb 4' J Certification by Landfill Ope, 7) r (if different from Owner): 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 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 siting and operations of this landfill will bd : quired o comply with all such revisions or amendments. Aggregate Resources July 12, 1994 Print Name (Operator) Sign lure (Operator) Date North Carolina or✓a r\ -County I, J ose A t, n lM• m ors , a Notary Public for said County and State, do hereby certify that J • V. G-clod m a ti personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the day of 19� �� . a v� .,• . z,. 0 �]/ N ary ublic LMy comrrusapon.alexpires /� i 9 � 7 . '• (1r •. Opp 4q` �'t=aTaddiitio;�t�'I�� land owners and landfill operators, attach separate notarized certifications for each " dditiaridtland 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 16 NCAC 13B .0583(2)la1. 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 PO Box 27687 Raleigh, North Carolina 27611-7687 1919) 733-0692 Disposition: This form will be transferred to the State Records Canter when reference value ends. Records will be held for agency in the State Records Canter five 15) additional years and then transferred to the custody of the Archives. 4 Operator (if different from Owner): Certification by Corporate Lan(-) 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 138, 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. Corporation Name (Print) Date (Corporate Seal) Attest: President or Vice -President Name (Print) Corporate Secretary Name (Print) President or Vice -President Signature Corporate Secretary Signature North Carolina County l, 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 day of , 19 (Official Seal) Notary Public My commission expires , 19 t ertificabon by Corporate Y-1 Owner: 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 .0503, .0564 and .0500 of 15A NCAC 136, 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. Grove Stone & Sand Company Corporation Name (Print) fCorp�te Attest: July 12, 1994 Date ,Proside �r V - resident Name (Print) Corporate4Secretary Name (Print) Jeffey�'�`oodman C . R. McGlothlin fiest Vice Pr.,esident Signature Corporate Secretary Signature s _y North Carolina o W Ct h County I, -lase m moos , a Notary Public for said County and State, do hereby certify that • R• Ne a f A 1; ,, (name 4'sec'retary) personallyy appeared before me this day and C+ ro v'e. S- for. .0 Sa r% d Go . ) Q d i ,/ - of acknowledged that he (or she) is secretary of IV. H ed r i c k Gra ✓,2, I s'Sa nd (I . VQre 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 I V. G-o a (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 _.1 a day of , 19 (Official Seal) µ isi )IIeuill), N ary Ub11C mrYtt �''®1ti expires 19 9 7 .13 QO'°OoeoapO°°® 00 U'o tntr of 'ort4 T ax>rrlina, Tountiv of CIA Each of the foregoing certificates, namely of 'rip 4k � ? AUG 1094 � Received Solid Waste �A Section r . sw a.notary or Notaries of the State and County designated is hereby certified to be correct. 19 at M. Filed for registration on this the day of _---s� r State of North Carte...' a Department of Environment, Health and Natural Resources 1 Division of Solid Waste Management WOOM James B, Hunt; Jr., Governor AdObOdObOdW Jonathan B. Howes, Secretary H [****J F1 William L. Meyer, Director August 3, 1994 f s Grove Stone Management P. O. Box 425 Swannanoa, NC 28778 Ref: Land Clearing & Inert Debris Notification Mr. Goodman: 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 919-733-4996 FAX 919-715-3605 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 3 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 Mancigement Specialist, Mr. Al Hetzell at (704) 251-6208. Thank you, Susan Wright Approved: "Y7 jj� 'A /6//'/ -/5 e, Dexter R. Matthews, Chief Solid Waste Section copy: Al Hetzell - DSWM CAWRIGHT\LCID\NOTIFY\G ROVE.1