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
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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
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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
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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