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Home My WebLink About1102_Buncombe_BASFEnka_Indus_Brownfields_LetterOfClosure_FID1694279_20060313Workflow No. 2063409 Doc ID: 017828090007 Type: CRP Recorded: 09/27/2006 at 04:19:51 PM Fee Amt: $32.00 Page 1 of 7 Workflow# 2063409 Buncombe Countyy, NC Otto W. DeBruhl Reqister of Deeds BK4291 PG1371-1377 r r ' MV%�/1'&1-4G L/MIOAi&- CLo axe /!/a fir e TYPE OF DOCUMENT GRANTOR: -r GRANTEE: �� cgs®�®,�, de<°� ®,c ,�.r��i.�o,✓,�� - - - - ---. _ _ ,��✓� .✓tea-��.�e a��.s�r�c�.r ��✓c�.��.� ---_-::_... PREPARED BY:G✓Ar?i) /r irssc/ 7 r�E MAIL TO: �.✓.�� .roc ��7�' - r t THIS PAGE IS PROVIDED FOR RECORDATION PURPOSES. THE ENTIRE DOCUMENT, INCLUDING THIS PAGE, SHOULD BE RECORDED AND REFERENCED TO THE PARCEL OF PROPERTY LOCATED IN BUNCOMBE COUNTY AND SAID PROPERTY IS OWNED BY: COLBOND, INC AND FURTHER IDENTIFIED BY THE SPECIAL WARRANTY DEED RECORDED DEED BOOK: 3520 AND PAGES: 826-828 THE PURPOSE OF THIS RECORDATION IS TO NOTIFY FUTURE BUYERS OF SAID • . � • "•r�.Gtir�1�lI1L1�L�l1G1��i�L•��r=J�:1�[I•T�I��:(>��il�>rlia� PROPERTY. Dexter R. Matthews, Director Division of Waste Management AND NATURAL RESOURCES Michael F. Easley, Governor William G. Ross Jr., Secretary FACILITY PERMIT NO: 11-02 Closure of INDUSTRIAL LANDFILL Date: March 13, 2006 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT INDUSTRIAL SOLID WASTE LANDFILL FACILITY COLBOND, INC.(CURRENT LANDOWNER) AND BASF CORPORATION (LANDFILL OWNER/OPERATOR) are hereby issued a LETTER OF CLOSURE for the BASF INDUSTRIAL LANDFILL The property is comprised of approximately 42 acres located on property recorded in DEED BOOK: 3520, PAGES: 826-828, in Buncombe County, North Carolina. This closure letter is issued in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina and all rules promulgated there under and subject to the conditions set forth in this letter of closure. Edward F. Mussler III CN = Edward F. Mussler 111, C = US, O = Division of Waste Management, OU = Solid Waste Section I have reviewed this document and I am approving this document 2006.03.13 09:45:13-05'00' Edward F. Mussler, III, PE Permitting Branch Supervisor Solid Waste Section 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone 919-508-84001 FAX 919-733-48101 Internet http://wastenotne.org An Equal Opportunity/Affirmative Action Employer — Printed on Dual Purpose Paper FACILITY PERMIT NO: 11-02 Closure of INDUSTRIAL LANDFILL Date: March 13, 2006 DOCUMENT LIST in Files of Solid Waste Section BASF Industrial Landfill Closure Plan. Prepared by: ENSR Consulting and Engineering. July 2003. Approved by the Solid Waste Section on September 12, 2003 2. As -Built Closure Drawings and Closure Documentation. Prepared by: ENSR Consulting and Engineering. January 2006. 3. Legal description of landfill property, closure drawing and certification of closure requirements by P.E., and contact information at Colbond, Inc, the current landowner dated February, 2006. POST CLOSURE CONDITIONS MANAGEMENT OF LANDFILL GAS: The owner/operator shall take the measures necessary to ensure that the closed site shall continue to meet the design standards for landfill gas found in Rule .0503(2)(a). 2. MANAGEMENT OF SURFACE WATER: The owner/operator shall take the measures necessary to ensure that the closed site shall meet the requirements of Rule .0503(2)(c). In addition, the landfill unit shall be maintained such that surface water runoff occurs in a controlled manner, and surface water shall not be impounded over waste. 3. AIR QUALITY: The owner/operator shall ensure that landfill units do not violate any applicable requirements developed under a State Implementation Plan approved or promulgated by the U.S. EPA Administrator pursuant to Section 110 of the Clean Air Act, as amended. 4. FINAL COVER SYSTEM: The owner/operator shall maintain the integrity and effectiveness of the final cover system and any permanent erosion control devices must be maintained. This could include making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events. 5. PROPOSED USES: Any proposed post -closure use of the landfill shall be submitted to the Solid Waste Section of the Division of Waste Management for review and approval. Proposed post closure uses shall not impede or violate any post closure conditions found in this letter. In particular, plans for post closure uses shall avoid possibilities for the entrapment of methane gas. Routine landfill gas monitoring within structures and at the facility boundary may not be sufficient to detect potentially dangerous situations. 6. RECORDATION: Colbond, Inc., the owner of the land occupied by the landfill, shall ensure that the recordation requirements for land disposal sites found in 15A N.C. Administrative Code Rule .0204 are met by filing this Closure Letter for recordation in the Buncombe County Registry. Whenever the property on which the landfill is located is sold, leased, conveyed or transferred, 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 an unlined landfill for the disposal of industrial waste and closed under the North Carolina Solid Waste Management Rules, that future use of the property is restricted by the North Carolina Division of Waste Management, and a reference by book and page number to this recorded Closure Letter. Said statements shall be included on all future deeds or other instruments of transfer in order to notify in perpetuity any potential purchase of property that: (a) The property is an unlined industrial waste landfill; and (b) Its use is restricted under the closure plan approved by the Division, and the Closure Letter issued by the Division on March 13, 2006. The attached certified copy of the closure letter shall be recorded by the Register of Deeds and indexed in the grantor index under the name of the land owner, Colbond, Inc. The certified copy affixed with the Register's seal and the date, book, and page number of the recording shall be returned to the Solid Waste Section. 7. WATER QUALITY MONITORING AND REPORTING REQUIREMENTS: a. Groundwater quality at this facility is subject to the "Classification and Water Quality Standards Applicable to the Groundwaters of North Carolina," 15A NCAC 2L. This includes, but is not limited to, the provisions for detection monitoring, assessment, and corrective action. b. BASF Corporation, as permittee of the landfill, shall sample, in accordance with the post -closure water quality monitoring plan approved by the Solid Waste Section, the detection monitoring wells and surface water sampling location(s) on a semi-annual basis, at a minimum. C. Water quality detection monitoring shall continue for a minimum of five years from the date of the engineer's certification, indicating that the facility is closed. After five years the Sections will determine if further monitoring is to be required. d. Sampling equipment and methods shall conform to specifications in Attachment 1, "North Carolina Water Quality Monitoring Guidance Document for Solid Waste Facilities." The sampling parameters and methods of analysis shall be in accordance with the post - closure water quality monitoring plan for the landfill approved by the Solid Waste Section. e. The permittee shall maintain a record of all monitoring events and analytical data. Reports of the sampling events and analytical data shall be submitted to the Section in a timely manner. -End of Section- CERTIFIED COPY OF CLOSURE LETTER I do hereby certify that the attached CLOSURE LETTER is an exact and true copy of the closure letter for the BASF CORPORATION Industrial Waste Landfill, Permit Number 11-02. North Carolina is eSoo l County d es C. Coffey, En emitting Branch Solid Waste Section /� ei4r.�1�4J , Notary Public for lJ4449Xq^1 County, North Carolina, do hereby certify that James C Coffey of the Solid Waste Section, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, th' je day of r2 C NOTARY PUBLIC 0FFICI4 My commission expires XAAel , 200 E. , •$ Presented for recording by Bart Austin, Plant Manager for Colbond, Inc Bart Austin, Plant Manager Colbond, Inc North Carolina 1&41 co hge County I, , Notary Public for ABW.777b,, County, North Carolina, do-6 e--ry certify that Bart Austin, Plant Manager of Colbond, Inc, personally appeared before me this day and acknowledged the due execution of the foregoing instrument and certified that he has the authority under the Membership Agreement to file legal documents for the recordation on Behalf of the Corporation. Witness my hand and officials I this the day of'i , P. $tif'TAO 6,17141, -J'0 QAh=1-1r�r r r ROTARY PUBLIC OI�I IA,6 '.AUSL�Cs•'�*�' My commission expires 20 •. .• .�