NCD980602163_19830131_Warren County PCB Landfill_SERB C_Re Nat B. White Easement-OCR

,.
RUFUS L. EDMISTEN
ATTORNEY GENERAL
MEMORANDUM
TO:
FROM:
RE:
~±aft of ~ orUy Qlaro l imt
~cpnrimcnt of JJusiirr
Bill Phillips
Buie Costen
Moffitt -4/Wt Tom
P. 0. BOX 629
RALEIGH
27602-0629
31 January 1983
Nat B. White Easement
A copy of a letter from Nat B. White i s attached. Apparently
he has an easement across the Warren County PCB landfill site.
(See , attached letter from Bill Raney to Cha rles M. White, III,
dated July 8, 1982).
In order to provide the access assured to Nat B. White, a
State representative at the site should cont act Mr. White to work
out the details. I assume that this falls within the supervisory
role of the Department of Crime Control and Public Safety.
It also appears that the agreement refe rred to in Bill Raney's
letter is a matter within the jurisdiction~f the State Property
Office and Council of State. For that reas ,n, a copy of these
materials are being sent t o the appropriat section in the Attorney
General's Office.
/dw
cc: ~ Smith <. W. Strickland
enclosures
RUFUS L. EDMISTEN
ATTORNEY GENERAL
~tutr of ~ ortq filnrolimr
~epurtmmt of JJusticr
Mr. Nat B. White
Route 1, Box 152
P. 0. BOX 629
RALEIGH
27602-0629
31 January 1983
Warrenton, North Carolina 27589
RE: Access Across State Property -Warren County
Landfill
Dear Mr. White:
Your letter to the Attorney General has been forwarded to
me for response. I have forwarded a copy of your letter to Mr.
William Phillips, Assistant to the Secretary of Crime Control
and Public Safety. His agency is in charge of the State property
until the landfill has been completed. Mr. Phillips will be
able to assist you in g aining access to your property. You
should hear from Mr. Phillips or his representative in the near
future.
The State appreciates the cooperation you have given. If
I can be of assistance in the future, do not hesitate to con-
tact me.
cc: William Phillips
Buie Costen
Sincerely,
RUFUS L. EDMISTEN
~ne.al
Thomas F. Mo fitt
Assistant Attorney General
Environmental Protection Section
919/733-5725
TEL. [phone]
r ... '.uius 1 • ..,..d:rr,i.Bten,
E-'. Co 7:o:,-")29
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NAT B. WHITE
ROUTE 1, BOX 152
WARRENTON, N . C. 27589
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RIGHT OF WAY IRANCH
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'v ,r:i.fe .sr-,d T o·m the p~cpert;;~ -:•:'c:r1 joins t'.:.e Jl 2 &.ere tr2.ct purcirnse d , .
'"t2.te of ~ ort-'.-:. l 8rol:ir12 ..'.'o'." ::. ::-;'"'~ l :._ :,.ifill. Fl sase r efer to -;; our letter cf -, ,_,•uly ,3, :hite Jll.
·.ince construct-:.on regan ar!o'.3 u,.7t,;_1 the p".'esent the or:.l:;· r:ad ."!: nave to
~:-.is ::1;::-m l:as t· '?r: tlocked. -.~he la':t t .; :·.'.-"I went to the :1.'ar rn '(:1e ~e. ;-,as a ca·:::,le
accross th-" road 1•,1 t -t~-70 l ocks on it, ar:d T. h2.d to ·;,,;a li{ so::1e c.i r"'. 'lnce to reach
be farm •
.::s j_n the past T plan to be co::r,pletely cooperative with you. "" &,TI sure
· ell ·,rm 'l.d '"laYe ~ade 2rran;_;e:r.i=nt,=; :c".' n,,_-to drive to t~e faI·m an'.: wcrk• · . :nad I
re,,1J"' sted permission. Tt would te very -; :npractical a.nd expcnsi ve to build a new
road ur.der prese:n+. """?.ther conditions . I a:r.-1 requesting that you designate an
engineer to meet w-ith me, locate t ~e new road and prepare specifications airee-
able to toth of us, and start construction as soon as weather condi.ticns permit.
'~arked an area of pines to be tiinned 1~ainting to thees to be cut1 prior
tc the start of construction on the land.fill, ar.d contracted with a producer to
remove th0 JTz r ked trees .Tam anxious tc get started en this oper ation, and I
·.;i 11 appreciate ;,0our cooperation.
f at E. .-v'hite
NORTH CAROLINA
ATTOQNEY GENERAL'S OFFICE
}ft~ 2 8 1qR.~
E;f'J'.R.;,ittlt.NTAL PROTECTION SECTION
RECEIVED
8 July 1982
Mr. Charles M. White III
Perry, Kittrell, Blackburn & Blackburn
P. o. Box 209
Warrenton, North Carolina 27589-0209
Dear Mr~~White:
This is a f~~ew up to the letter from Jane Patterson to w. L. Griffin dated June 30, 1982, concerning access acGoss
State property to the Nat B. White property in Warren County.
I am writing on behalf of the Department of Crime Control and
Public Safety which is the State agency currently utilizing the
property. This will also confirm our telephone conversation of
July 7, 1982 en this subject.
The State is agreeable to Mr. White's continued access
to his property across the State owned property during the con-
struction and operation of the landfill on the State property.
This agreement presumes that there will not be extraordinary
traffic by Mr. White or his agents, employees or contractors.
In particular the State cannot agree to access by numerous
logging trucks during the construction or operation of the land-
fill. The State must also insist that Mr. White's access be
subject to reasonable restrictions which may be imposed by Bob
Boone who is the engineer in charge of the landfill project.
Mr . Boone informs us that he does not anticipate a need to
restrict normal access.
Once the landfill is completed a fence will be erected
which, according to our preliminary calculations, will intersect
the existing farm path. Unless Mr. White is informed other-
wise he has the State's permission to skirt the perimeter of
the fence to ~ain access to his property. It may be desirable
to formalize such an arrangement once the landfill is completed
and the condition of the site is known. Any formal and per-
manent confirmation of this informal agreement will require ap-
proval of the State Property Office and the Council of State.
Page 4'Wo
8 July 1982
I suggest that we proceed with
ment until the landfill is completed.
can contaot the State Property Office
agreement if M feels the need.
this informal arrange-
At that time Mr. White
about a permanent
You should be aware that there is a small strip of land
between the State property bd Mr . White's property. This
strip ms owned by Warren County and is shown on the sketch
provided by Mr . White in his letter to Mr. Griffin. The State
obviously cannot speak for Warren County concerning Mr. White's
access across this area.
We trust that this informal arrangement will meet Mr .
White's needs for the immediate future. If we can be of fur-
ther assistance please feel free to contact us.
WAR,Jr1dw
Sincerely,
RUFUS L. EDMISTEN
Attorney General
w. A. Raney, Jr.
Special Deputy Attorney General