N0771 LCIDN11LeasingandEquipmentSalesInc

BK 1845PG 343
State of North Carolina
j Department of Environment,
Health and Natural Resources. 4 •
Division of Solid Waste Management
4
I? James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary...__... _... _ _.....
`- William L. Meyer, Director
LAND CLEARING AND INERT DEBRIS LANDFILL-NOTIFICq�3ON 2
a Pursuant to 15A NCAC 13B .0563(2)(a), the [and owner(s) and ('perptor(s) o�`any Lard Clearing and
v oo Inert Debris Landfill under two (2) acres in size shall submit this no'tif�catron Edon to the Division prior
�— to constructing or operating the landfill. This form must be filed for recordation in the Register of
0. Deeds' Office. The Register of Deeds shall index the notification under the nanWof the owner(s) of the
iL 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
y notification is not valid to authorize operation of a landfill unless complete, accurate, recorded, and
k' submitted to the Division as required by 15A NCAC 130 .0563(2)(b),
Q •]
Q 1. Facility Name:. LEASING & EQUIPMENT SALES CO. _. INC_— Pr=ert�t
ul 2. Facility location (street address): 643 BRIARI] ROAD
City: ASHEVILLE County: BUNCOMBE Zip:— 2880.6
3. Directions to Site: APPROXIMATELY 1 MILE SOUTH OF 1-40 M BB'�n &Ap,
APPROXIMATELY 300 YARDS WEST OF BiREVARD ROAD.
4. The land on which this landfill is located is described in the deed recorded in:
deed book: 1332 page: 0572 county: BUNCOMBE
5. Name of land owner: LEASING & EQUIPMENT SALES CO. INC.
6. Mailing address of land owner.- PO BOX 17575
City: ASBEVILLI: State: NC Zip: 28816
7. Telephone number of [and owner:( 704 ) 667-4526
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: TAYLOR & MURPHY CONSTRUCTION CO INC — — —
9. Trade or business name of operator:_ TAYLOR & MURPHY CONSTRUCTION CO INC
10. Mailing address of operator: PO BOX 6215
City: ASHEVILLE State: NC Zip: 2881
11. Telephone number of operator:( _704_ } 667-4526
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: NOT YET IZMM
P.O. Box 27687, Raleigh, Norfh Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 Q% post -consumer paper

8K 1845PC 34�..
The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris
Landfills operating under notification.
.0101 DEFINITIONS
1721 `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 block,
uncontaminated soil, gravel and rock, untreated and unpainted wood, and yard trash.
(74) 'Yard trash' means solid waste resetting 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.
1130A-309.04(a). Disposal in a landfill Its considered to be the least desirable method of managing land clearing and inert debris. Where landfilling
is necessary, the requirements of this Rule apply.
11) An individual permit from the Division of SaGd Waste Management Is not required for Land Clearing and Inert Debris (LCID) landfills that
meet all of the following conditions:
tat 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, flood plain restrictions, wetland restrictions,
sedimentation and erosion control requirements. and mining regulations.
(21 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 rile the prescribed notification farm 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 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, shalt not 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.
(41 Facilities or practices shall not damage or destroy an archaeological or historical site.
{5) Facilities or practices shag 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.
i61 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 suitab::_ soils are available for cover, either from an or off site.
I81 Land Clearing and Inert Debris landfills shall meet the following surface and ground water requirements:
(a) Facilities or practices shag 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 (NPOES), under Section 402 of the Clean Water Act, as amended.
(b) Facilities or practices shag 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.
(e) 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.
lb) 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.
121 The facility shall only accept those solid wastes which it Is permitted to receive.
(31 Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells.
14) Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first.
(51 120 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.
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161 Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive
on site erosion.
{71 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.
{61 The facility shall be adequately secured by means of gates, chains, berms, fences, etc. to prevent unauthorized access except when an
operator Is an 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.
(9) Accass raads shall be of all-weather construction and properly maintained.
(101 Surface water shall be diverted from the working face and shall not be impounded over waste.
(111 Solid waste shall not be disposed of in water.
(121 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 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.
Print Name (Owner) Signature (Owner) Date
North Carolina
County
I, 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 foregoing instrument.
Witness my hand and official seal, this the day of 19
(Official Seal)
Notary Public
My commission expires 19
3

Certification by Landfill Operator (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 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. 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 Genera[ 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 revisions or amendments.
Print Name (Opdrator) Signature (Operator)
North Carolina
Date
County
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 foregoing instrument.
Witness nay hand and official seal, this the day of 18
(Official Seal)
Notary Public
My commission expires 19
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 undertwo (2) acres in size is required under 15 NCAC 13B .0563[2)ia1•
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 276a7
Raleigh, North Carolina 27611-7687
[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.
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BK I845PC 347.
Certification by Corporate 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 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. 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
ef..thlsA11QdfilL will be required to comply with all such revisions or amendments.
7� SALES CO INC APRIL 19, 1995
`Corpo 6briV44 (Print)
(C6rp6r&e
R ' , p"MURPFiY PRESIDENT
yPresl ra or.Vice- resident Name (Print)
a�
President or ice-Presiden ign e
North Carolina
BUNCOMBE
County
Date
Attest:
VERNA Y MURPHY SECRETARY
Corporate Secretary Name (Print)
Corporate Secffetary Signatuie
I,_ KIMBERLY K SITTON a Notary Public for said County and State, do hereby certify
that VERNA Y MURPHY (name of secretary) personally appeared before me this day and
acknowledged that he (or she) is secretary of LEASING & EQUIPMENT_ SALES CO INC (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 KENNETH D MURPHY (president or
vice-president), sealed with its corporate seal, and attested by himself for herself) as its secretary.
Witness my hand and official seal, this the 19th day of APRIL 19 95
(Official Seal)
N tary Public
My commission expires, • ` NOVEMBER 23, 1 g 98

ax I '.8 q 5 Pc .,3 q 8.
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 1313,
North Carolina Solid Waste Management Mules. 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.
TAYLOR & MURPHY CONSTRUCTION CO INC
APRIT, 19, 1995
:Corpor N*Name (Print)
Date
o p�ate'Se6f%
Attest:
.
`�r•,f'�J
1.
+,Pr `i?�islTJRPHY PRESIDENT
VERNA Y MURPHY SECRETARY
Pfsi�� o7Vice-President Name {Print)
Corporate Secretary Name (Print)
l' �2
President or Vice -Pre ent lgnature
Corporate Se #ary Signature
North Carolina
BUNCOMBE
County
1, KIMBERLY K SITTON a Notary Public for said County and State, do hereby certify
that VERNA Y MURPHY (name of secretary) personally appeared before me this day and
acknowledged that he (or she) is secretary of TAYLOR & MURPHY CONSTRUCTION CO INC (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 K�l D MURPHY (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 19th day of , APRIL g 95
(Official Seal)
No ary Public
My commission expires NOVEMBER 23, 19 95 K.
K.
_ TA �Q
�tzrte rtf Wrrrth (Iffarrxliztzr, (I Lyurttg of TRUets
t,rxrtlY,e
Each of the foregoing certificates, namely of `
a notary or Notaries public of the Stat and County designated is hereby certified to be correct.
Filed for registration on this the day of , 19 0
M.
OTTO W. DeBRUHl.
Register of Deeds, Buncombe County Byy-'q"NA202WRegistarofDeeds
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BIB&T
North Carolina
BUNCOMBE
JUNIOR MORTGAGEE NOTIFICATION
County
_ A I845PG 349
in accordance with the provisions of N.C.G.S. Sec. 45-21.17Aatis hereby made that a copy of any notice
of sale under the Deed of Trust recorded on the 09 day of RCTQBE& 1992 , in Book 1415 ,
,95 A
Page 322 , of the records of BUNCOMBE County, executed by
SHELIA COPE MARK COPE
as Trustor(s) in which BB&T
is named as beneficiary and OLD STONE BANKIBB&T
!,.
;j l 1�5
, as
Trustee, be mailed to Branch Banking and Trust Company, P O BOX 486, FLETCHER
(ADDRESS1 ICITYI
North Carolina 28732
(Zip Code]
Branch
Banking and Trust Company
By:
DORIS WATERS , , ... • .. !q
Title: BRANCH MANAGER
North Carolina .` `� fT •�
�uneo�d County :� '• �vjj i� L
L_u,-- Notary Public of ,i!�u��vm�e 'Cq ,• ;•North'W�wvl7�a,
do hereby certify, that Daz-i -� personally appeared before me this day
and acknowledged that 5 he is of Branch Banking and Trust .Company,
CCITLE)
a corporation, and acknowledged on behalf of said corporation the due execution of the foregoing instrument.
Witness my hand and official stamp or seal, this /3*/,day of &6? 1
My Commission Expires: /9 - /,2 -q-5
North Carolina'rr) rFJlrn('„�C_u_�County
The foregoing certificate(s) of
a Notary Public of
registration in this office on the } ze day of
at I . o'clockM. and was duly recorded in Book
County is certified to be correct. This instrument was filed for
q— , 19 RSr.
REGISTER OF DEEDS
County
F850•181 (119e1
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