79_N0179_PhilipCJohnsonLCID_Notification

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L Meyer, Director
March 28, 1995
Philip C. Johnston
1910 Angell Road
Madison, NC 27025
Ref: Land Clearing & Inert Debris Notification
Mr. Johnston:
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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-
309.096(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 1313 .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 Affirmative 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. Hugh Jernigan at [phone].
Thank you,
Susan Wright
Approved:
�es C. Coffey, Sup�rpi/br
rmitting Branch
,lid Waste Section
copy: Hugh Jernigan - DSWM
C:\W RIGHTTLCID\NOTIFY\JOHNSTON.1

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
�97128 293� �
' Jar�n� s B. Hunt, Jr., Governor
Jon "tkan B. Howes, Secretary
WilliamL. Meyer, Director
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(: •� riAll 1995 Mail: Mr. Philip C. Johnston
Received 1910 Angell Rd.
?� Solid Waste �a i Madison, N.C. 27025
Section i LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION
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h to 15A NCAC 13B .0563(2)(a), the land owner(s) and operator(s) of any Land Clearing and
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tfiert Debris Landfill under two (2) acres in size shall submit this notification form to t e ivision P.
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 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, recorded, and
submitted to the Division as required by 15A NCAC 13B .0563(2)(b).
1, Facility Name:
2. Facility location (street address): 1910 Anc�Pl1 Rd
City: Madi son County: R ckipgham Zip: 9:7025
3. Directions to Site: Located just off Gold Hill Rd at 1800 Angell Rd
4. The land on which this landfill is located is described in the deed recorded in:
deed book: 67a3 page: A2 county: LL'd
5. Name of land owner: Philip C Johnston
6. Mailing- address of land owner: 1910 Angell. Rd.
City: Madison State: N C' Zip: 27025
7. Telephone number of land owner:( 910 ) 427-3048
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: Philip C Johnston
9. Trade or business name of operator: Philip C. Johnston
10. Mailing address of operator: 1910 Angell Rd
City: Madison State: N. C. Zip: 27025
11. Telephone number of operator:( 910 ) 427-3048
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: Agricultural
P.O. Box 27687, Raleigh, North Carolina 2 7611- 7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirrnalive Action Employer 50%recycled/ 10%post-consumer paper Q

.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.
(73) 'Land clearing and inert debris landfill' means a facility for the land disposal of land Hearing 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 (LCID) LANDFILLS
Management of land clearing and inertdebris shall be in accordance with the State hierarchy for managing solid waste as provided for under N.C.G.S.
S 130A•309.04fa). Disposal in a landfill is considered to he 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 ILCID) 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 arres in size..
(c) The facility and practices comply with the siting criteria under Rule .0564, and operational requirements under Rule '0566.
(d) The lilt activity is not exempt from, and must cnn,ply 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 notily the Division on a prescribed form, duly signed, notarized, and
recorded as per Rule .056312)(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 nolification form for recordation in the Register of Deeds' Office. The Register of Deeds
shall index the notification in the grantor indox tinder 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 seat 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, shall riot 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 Departrnmrt 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 shalt not darnago or destroy an archaeological or historical site.
(5) Facilities or practices shall not cause an adverse impart 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
1b1
of the National Pollutant Discharge Elimination System (NPDES). under Section 402 of the Clean Water Act, as amended.
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 tiro 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.
(el 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 requirnrnents'
(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 men, all requirements of any applirablo zoning ordinance.
.0566 OPERATIONAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LCID) LANDFILLS
land Clearing and Inert Debris (LCID) landfills shall meet the following oprralinnal requir e, nnentst
(1) Opetatior,al plans shelf bn approved stiff followod as specified for thn facility.
(2) lhn lirility shall only accept those solid wastes which it is permitted to receive.
(31 Solid Waste shall be restrirted to the smallest area foasihio and compacted as det,sely as practirat I,lo rrlis.
(41 Adequate soil rover shall he applied monthly, or when Ihn artivn area reaches one acre in size, whichever occurs first.
(5) 120 r-atnnrlar days titter completion of any phaso of disposal operations, or upon revocation of a permit, the disposal area shall be covered
will, a minimum of onn font of suitable soil cover sloped to stlow surface water runoff in a controlled manner. The Division may require
further ar-tion in order to correct any rotidilion whir-h is or may become injurious to the public health, or a nuisance to the community.
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1890
(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.
171 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.
(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.
(11) 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:
(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.
115) 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.
(161 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 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 13OA-
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 arid operations of this landfill will be required to
comply with all such revisions or amPSiigt;iuPre
S.
Philip C. Johnston Cl- (Seal) 3-16-95
Print Name (Owner) (O ner) Date
North Carolina
County
fie. a Notary Public for said County and State, do hereby certify
that ����:a C JO4s teq personally appeared before me this day and acknowledged the
dutalle ; gcution of the foregoing instrument.
�ttt
official seal, this the day of i%-c A 19�_.
G No ary Public
22 Tegy. corm 31
CKINGHAM COUNTY,
xpires 19
N.C.
e foregoing certificate of James C. Hoff, Jr., a Notary Public of Rockingham County, N.C.,
certified to be correct. Filed for registration at 11:34 o'clock AM on the 21st day of
„ch, 1995 and recorded in Book 916 Page.
Ramona H. Page By:
Register of Deeds DtTDfty, Register of Deeds
... Fee: $10.00
Dbate: $2.00
3

Certification by Landfill Operator (if different from Owner):
certify that the infonTTation provided by me it-, 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 General Statute 13OA-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 be requ.imd.to comly wixh all �7t1cIT revisions or amendments.
Print Name (Operator) - signature (Opero(or) Date
North Carolina
County
1 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) '
My commission expire
Notary Public
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 under two (2) acres in size is required under 15 NCAC 138 .0563(2i(s).
Contact the Solid waste Section at the addross below for further information.
Distribution: Mail completed recorded original nnlifiration to the Inllowinq address: ;
Division of solid Waste Managemmct
Solid WaSto Section
PO nox 27697
Raleigh, North Carolina 7761 1 7687
19191 733 0697
Disposition: This farm will he Uansfrrred In the Stale n,,,cord,; Center when relrrence value ends, nrcords will he held for agency in the
State nrr:nr ds Centm live. (Cal addilinnal years atld then translerrr. rJ to the custody of the Archives.
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