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HomeMy WebLinkAbout79_N0301_GilesLCID_Notification_19960628State 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 July 10, 1996 James A. Giles 2600 Lafayette Avenue Greensboro, NC 27408 Ref: Land Clearing & Inert Debris Notification Mr. Giles: �EHNR „ V 0 JUL is RECEIVEID SINS-WSRID 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 notification. 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 notification is not transferrable. The Land Clearing and Inert Debris landfill shall receive only: b Land Clearing Waste as provided for in 15A NCAC 13B .0101(72); stumps, trees, limbs, brush, grass, and other naturally occurring vegetative material. b 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. b 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, ���� FAX 919-715-3605 Raleigh, North Carolina 27611-7687 �� An Equal Opportunity Affirmative Action Employer Voice 919-733-4996 - - 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 an#;questions or if we can provide any other assistance, please do not hesitate to contact the Regional Waste Management Specialist, Mr. Hugh Jernigan at (910) 771-4600. Thank you, VP ff-,4r/nd Susan Leistiko Approved: C- ;es- C. Coffey, St ermitting Branch Solid Waste Section copy: Hugh Jernigan - DSWM CAW RIGHMCIMNOTIMULES.1 >i 8t6te of North Carolina 557 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 FE 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 Landfilf 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 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: ,5,-,*Ii 2. Facility location (street address): 34o City: %A:Sot, County% A+t. Zip: 7 O Z S 3. Directions to Site: 'k -eaI IX a f► l-e-FA---t- Etid o rz� $2 4. The land on whichthis landfill is located is described in the deed recorded in: / o deed book: `9 ,-'l L� page: (� 2 2 county: 5. Name of land ovvner: Ma- V AJ '� � 3A'1✓'� �` i 9 � ��S `p fa!0 6. Mailing address of land owner: G b o 0.-Pa-`'I sl�e 4 0Lc� City:��_��ZvL� �dy° State: Zip: 7. Telephone number of land owner:( 9 I O 1 Z $ $" 1 d2 , c512 2 9 f 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: �� �' C (,,_S 9. Trade or business name of operator: 10. Mailing address of operator: S A1'►O City: State: Zip: 11. Telephone number of operator:( 910 -7 7 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:-- S�Q 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/ 1 o% post -consumer paper The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris Landfills operating under notification. .0101 DERNmONs (72) '[and 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) *Land4 clearing and inert debris landfill' means a facility for the (and disposal of land clearing waste, concrete,. brick, concrete block, uncontaminated soil, graveland 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 inert debris shall be in accordance with the State hierarchy for managing solid waste as provided for under N.C.G.S. 1 130A-309.O4(al. Disposal in a landfill is considered to be the least desirable method of managing land clearing and inert debris. Where iandfilling 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 wash. 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 dsposal area is under two acres in size. (c) The facility and practices comply with the siting criteria under Rule tFederal, State, or Local laws, ordinances, Rules, and operational requirements under Rule .0566. (d) The fill activity is not exempt from,. and must comply .with all other her F 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 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 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 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 speci rities 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. (e) Waste in landfills with a disposal area less.than two scres.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. (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 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. (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. (5) 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. 2. (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 calendar days upon completion of any phase of landfill development. (g) The facility shalt 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. t131 The concentration of explosive gases generated by the facility shall not exceed. (a1 Twenty-five percent of the lower explosive limit for the gases in facility. structures- (b): The lower explosive limit- ,for. thegases at the property boundary. (14) Leachate shatrbe properly manage& orr. 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. .0601and.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 13B, North Caroline 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, 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 130.A-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 am JSnatunts. 27 66 �T � A,Llues Print Name (Owner) re (Ovvner) Date North Carolina 6t t. t Lrv" County 1, /M oa%TI C 14-6 10oy i-e a Notary Public for said County and State, do hereby certify that - AxtES /} &i LC-5 personally appeared before me this day and acknowledged the due execution of the foregoing instrument. V.Vi ak1My. hand and official seal, this the day of J f WC , 19 C 0 1 Notary Public 19 9 8 .rdn-expires 3 (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 calendar days upon completion of any phase of landfill development. (8) The facility shag 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. f (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 practrees. (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 NCA,C 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 130A- 309.27. 1 further understand that North Carolina General Statute 130A-22 provides for administrative penalties of upto 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 amend ents. �j Q i Lc 1 l c� E� I Li✓5 6, - 27 - 16 Print Nam (Owner) Signatu (Owner Date North Carolina 6-(.4-1 l_ i�L County 1, ib1 e ,v i 1 GHiZ iS POO L-E a Notary Public for said County and State, do hereby certify that &,tA44 L64�J W 6-IL C-S personally appeared before me this day and acknowledged the due execution;of the foregoing instrument. W;it.`�tr'ri};Fier tiiand official seal, this the 2 % day of J�'f-'�'� 19 d%I le Notary Public FILED es %tCor>TmisstsartplP—r�- ,9 tS r1;i:::Il AM CCtl;ktT''; 14C. E�_ a. i~AM Ohl H. PAGE Fe [ifG�ee'i= NORTH CAROLINA — ROCKINGHAM COUNTY Book 940 Page 557 The foregoing certificate of Monti Chris Poole, a Notary Public of Guilford Co NC are certified to be correct. This 28th day of June, 1996. Ramon H Page — Register of Deeds 3 By: Ass't State of North Carolina Department of Environment, Health and Natural Resources Winston-Salem Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary �EHNR DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION February 5, 1997 CERTIFIED MAIL P-536-316 774 RETURN RECEIPT REQUESTED Mr. James A. Giles 2600 Lafayette Avenue Greensboro, NC 27408 Dear Mr. Giles: Re: Notification Site Rockingham County On January 29, 1997, I conducted an inspection of the notified LCID site owned and operated by you on Little Boy Drive near Madison, Rockingham County, North Carolina. The inspection revealed numerous creosote timbers being disposed of at the site. This is in violation of the operating criteria for Land Clearing and Inert Debris Landfills operating under notification. Specifically, the following Violation of title 15A NC Admin. Code 13B.0566, Operational Requirements for Land Clearing/Inert Debris Landfills was observed at the time of the inspection. 0566(2) The facility shall only accept those solid wastes which it is permitted to receive. In order to correct the violation, all creosote timbers must be removed and properly disposed of at a facility permitted to receive the waste within 15 days of receipt of this letter. Receipts from this facility must be provided to Brent Burch, Department of Environment, Health and Natural Resources, 585 Waughtown Street, Winston-Salem, NC 27107. Pursuant to N.C.G.S. 130A-22(a) and 15A NC Admin. Code 13B Section .0701-0707, an administrative penalty of up to $5,000.00 per day may be assessed for violation of the Solid Waste Law or Regulation. 585 Waughtown Street, ���. FAX 910-771-4631 Winston-Salem, North Carolina 27107-2241 �� An Equal Opportunity/Affirmative Action Employer Voice 910-771.4600 50% recycled/10% post -consumer paper Mr. James A. Giles Page Two February 5, 1997 If you have any questions or would like to meet at the site for reinspection to verify completed compliance actions, please contact me at 910-771-4600. BGB/mrw cc: Mr. Julian M. Foscue, III Mr. Philip J. Prete Sincerely, �ntG r Environmental Technician P-536 316 774 F' 0 14 C ER "RNAT ONAL MAIL (xo- C7 s. 19v o 1VC- whom Ro( t;qpt 3ho,Ailrlf WhOM ,j 10 inn ;,ddrC, ,, (-4 Dehv�[Y -fr�-�Ai Po ,nd Fees 55 -7 CL ■Complete items 1 and/or 2 for additional services. ■Complete items 3, 4a, and 4b. I also wish to receive the ePn'M your name and address on the reverse of this form so that we can return this following services (for an card to you. extra fee): !Attach this form to the front of the mailpiece, or on the back if space does not Write 'Return �rn"t 1. ❑ Addressee's Address aThe Return Receiptwi� ow too who the article was delivered and the daa. te the mailpiece below the article number. 2. ❑Restricted Delivery y delivered. 3. MR. JAMES A. GILES 2600 LAFAYETTE AVENM GREENSBORO NC 27408 By: PS Form 3811, Dece be�ii r 1994 Consult postmaster for fee. 4a. Art Certified ❑ Express Mail ❑ Insured 5 ❑ Return Receipt for Merchandise ❑ COD 7. Date of eliveo C�1—reas(On/y5 8. Addre ee's if requested '9 and fee is paid) C H icle Number p-536 316 774 State of North Carolina Department of Environment, Health and Natural Resources Winston-Salem Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. James A. Giles 2600 Lafayette Avenue Greensboro, NC 27408 Dear Mr. Giles: eF �EHNR DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION February 20, 1997 RE: Notification Site Rockingham County I appreciated the opportunity to meet with you on February 18, 1997, at your notified LCID site on Little Boy Drive near Madison, Rockingham County, North Carolina in order to conduct a compliance inspection. At the time of this inspection, it appeared as if the creosote timbers had been removed from the site as requested in the Notice of Violation issued to you on February 5, 1997. This letter serves to confirm that the requirements of the Notice of Violation have been satisfied and the violation corrected. Thank you for your cooperation in this matter. If you should have any questions or require my assistance in the future, please contact me at 910-771-4600. Sincerely, Brent G. Burch Environmental Technician BGB/mrw cc: Julian Foscue Philip Prete 585 Waughtown Street, V FAX 910-771-4631 Winston-Salem, North Carolina 27107-2241 " f An Equal Opportunity/Affirmative Action Employer Voice 910-771-4600 104 M 50% recycled/ 10% post -consumer paper