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Home My WebLink About79_N0128_NotificationY V1 r' t 1328 State of North Carolina Department of Environment, Health, and Natural Resources Division of Solid Waste Management P.O. Box 27687 • Raleigh, North Carolina 27611-7687 James G. Martin, Governor William W. Cobey, Jr., Secretary LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION William L. Meyer Director Pursuant to 15A NCAC 13B .0563(2)(a), the land owner(s) and operator(s) of any Land Clearing and Inert Debris Landfill under two (2) acres in size shall submit this notification form to the Division prior to constructing or operating the landfill. This form must be filed for recordation in the Register of Deeds' Office. The Register of Deeds shall record the notification under the name of the owner(s) of zhe land in the county or counties in which the land is located. The Register's seal and the date, book, and page number of recording must be included on this form when submitted to the Division. This notification is not valid to authorize operation of a landfill unless complete, accurate, and recorded as required by 15A NCAC 13B .0563(2)(b). 1. Facility Name: _ LL 2. Facility location (street address):_ c� , City County U. C , Zip:�j� 3. The land on which this landfill is located is described in the deed recorded in:/J [� y deed book: & 79 page: /S5'7 c my p�c� � -«, -4� 93�� -cxd A 4. Name of land owner: %f.j-w e- 5. 6. 7. 8. 9. 10. L, Mailing address of land owner: 1_ *7 * - U f 6jy� rJ City: _.5,TG'' -0✓ -1 lle State: 12-1 Zip: Z ld Telephone number of land owner:( ® p If the land is owned by more than one person, attach additional sheets with the name, address, and phone number of all additional land owners. Name of ooerator:__ 'tea — — . \ , Trade or business name of operator: . S. 4�A�,\�.. ('TQ i n Mailing address of operator: 9 vrIC City State: U . l Zip: ��, '�04F Telephone number of operator:(_G/d 1 7 3 - 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. Pro'ected u of land after completion of landfill operations• 4rke An Equal Opportunity Affirmative Action Employer / 1329 The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris Landfills operating under notification. .0663 APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS ILCIDi 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. 5 130A-309.04(a). Disposal in a landfill is considered to be the least desirable method of managing land clearing and inert debris. Where landfitling 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 forthe 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. (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 rezorded 2e per Ru!* •C-63�<Y, i. The cperetor of :;Is iandnii, if different from the land owner, shall also sign the notification torn. (b) The owner must file the prescribed notification form for recordation In the Register of Deeds' Office. The Reg)aterof 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 said, leased, conveyed, or transferred in any manner, the deed or other instrument of transfershall contain in the description section in no smallertypa 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: 11) Facilities or practices, shall 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 ofthe critical habitatof 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 27605 where copies can be obtained at no cost. (4) Facilities or practices shall not damage or destroy an archaeological or historical site. (5) Facilities or practices shall not cause an adverse impact on a state park, recreation or scenic area, or any other lands included in the state nature and historic preserve. (6) Facilities shall not be located In any wetland as defined in the Clean Water Act, Section 404(b). (7) it must be shown that adequate suitable soils are available for cover, either from on or off site. (8) Land Clearing and Inert Debris landfills shall meet the following surface and ground water requirements: (a) Facilities or practices shall not cause a discharge of pollutants into waters of the state that is in violation of the requirements of the National Pollutant Discharge Elimination System (NPDES), under Section 402 of the Clean Water Act, as amended. (b) Facilities or practices shall not cause a discharge of dredged materials or fill material into waters of the state that is in violation of the requirements under Section 404 of the Clean Water Act, as amended. (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) 60 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 most 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. (2) The facility shall only accept those solid wastes which it is permitted to receive. (3) Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells. (4) Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first. 2 1330 16) 120 calendar days after completion of any phase of disposal operations, or upon revocation of a permit, the disposal area shall be covered with a minimum of one foot of suitable soil cover sloped to allow surface water runoff In a controlled manner. The Division may require further action in order to correct any condition which is or may become injurious to the public health, or a nuisance to the community. (6) Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site erosion. (7) Provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendardays upon completion of any phase of landfill development. (8) The facility shall be adequately secured by means of gates, chains, berms, fences, etc. to prevent unauthorized access except when an operator is on duty. An attendant shall be on duty at all times while the landfill is open for public use to assure compliance with operational requirements and to prevent acceptance of unauthorized wastes. (9) Access roads shall be of all-weather construction and properly maintained. (10) Surface water shall be diverted from the working face and shall not be impounded over waste. 01) Solid waste shall not be disposed of In water. (12) Open burning of solid waste Is prohibited. 113) The concentration of explosive gases generated by the facility shag 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 property managed on site through the use of current best management practices. (15) Should the Division doom it necessary, ground water or surface water monitoring, or both, may be required as provided for under Rules .0601 and .0602 of this Subchapter. 116) 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 landfill will comply with the requirements of sections .0564 and .0566 of the 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. I further understand that North Carolina General Statute 130A-22 provides for administrative penalties of up to five hundred dollars ($500.00) 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 require to comply with all such revisions or amendment . �' jy. L Gif `„ ri"yvs �f r �L¢J ` 1✓s _. ✓ r��Fi%L) Print Name (Owner) Signature (Owner) Date North Carolina r �✓ County a Notary Public for said County and State, do hereby certify that A14, / tf,,, ,.1 personally appeared before me this day and acknowledged the 61 due execution of the foregoing instrument. Witneps my hand and official seal, this the day of 19 D�f Notary Public �/-f� i / 02 or�nig�R expires_ 19 9 9 1331 Certification by Landfill Operator (if different from Owner): I certify that the information provided by me in this notification is true, accurate, and complete to the best of my knowledge. The facility siting and disposal operations of this landfill will comply with the requirements of sections .0564 and .0566 of the 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. 1 further understand that North Carolina General Statute 130A-22 provides for administrative penalties of up to five hundred dollars ($500.00) 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 (Operator) I Signature (Operator) Date North Carolina Witness, my hand and official seal, 4 ,,�1Qial��ealf, ;y �- �'�•/ � Fairy County a Notary Public for said County and State, do hereby certify personally appeared before me this day and acknowledged the this the / �_ day of , 19 Notary Public expires_ y — 199?_. mal land owners and landfill operators, attach separate notarized certifications for each land owner and landfill operator. INSTRUCTIONS Purpose: Notification of Land Clearing and Inert Debris Landfills under two 12) acres in size is required under 15 NCAC 138 .0583(2)(a). Contact the Solid Waste Section at the address below for further information. Distribution: Mail completed recorded original notification to the following address: Division of Solid Waste Management Solid Waste Section PO Box 27687 Raleigh, North Carolina 27e11-7887 (919) 733-0692 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. North -Carolina - Rockingham County The foregoing certificates of Sandra C. Burroughs, a Notary Public of Rockingham County, N. C. are certified to be correct. Filed for registration at 8:37 o'clock A. M. on the 19th day of September, 1995 and recorded in Book 925, Page1328. 4 $2.00 Probate Fee Pd. Ramona H. Page, Register of Deeds $12.00 Rec. Fee Pd. By: C I41b. ,',Assrt. Mail: Robert S Stanley, 628 Young Road, Ston