8801_ROSCANS_2007

DEC 17 2001
SOLID WASTE SECTIO~
ASHEVILLE REGIONAL OFFICE
Facility Permit No: 88--01
P.H.GLATFELTER INDUSTRIAL LANDFILL
LITTER of CLOSURE
December 14, 2007
Doc .ID No: RC03557
Page 1 of 11
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES
Dexter R. Matthews, Director Division of Waste Management
ST ATE OF NORTH CAROLINA
Michael F. Easley, Governor
William G. Ross Jr., Secretary
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
INDUSTRIAL SOLID WASTE LANDFILL
PERMIT NO. 88-01
Ecusta Real Estate 1, LLC. (Current Landowner)
and
P.H. Glatfelter Company (Landfill Owner/Operator)
are hereby issued
A
LETTER OF CLOSURE and LAND USE RESTRICTIONS
For the
P.H. GLATFELTER INDUSTRIAL LANDFILL, ECUSTA MILL SITE
1l.1e landfill is comprised of approximately 27.6 acres of the property recorded in DEED BOOK: 183,
PAGE 742, and depicted in the Plat Map recorded at Plat File _12_, Slide _504_, in the Transylvania
County, North Carolina, Registry. The landfill is located on the site of the former Ecusta Pulp and Paper
Mill, east ofN.C. Highway 280 and south of U.S . Highway 64 in Pisgah Forest. This closure letter is
issued in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina, 15A N.C.
Administrative Code 13B, and N.C.G.S. 143B-279.9.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Telephone [phone] \ Fax [phone] \ Internet http://wastenotnc.org
An Equal Opportunity f Affirmative Action Employer -Printed on Dual Purpose Paper
~ l . '
,..,.,,.. " I' :.,· 'I • } 11 <I 1 ~ 1 (''ff l .,. ;. ·-~
.facility Pem:Jit No: 88-01
P.H.GLATFELTER INDUSTRIAL t.ANDFILL
Letter of Closure
t' · , December ,14, 2007 r· i.. .,. • Doc 1~ No: Rt~~557
LIST OF APPROVED DOCUMENTS
1. A Closure Plan for the Ash Landfill, Pisgah Forest, North Carolina by Glaifelter,
prepared by Sevee & Maher Engineers for P.H. Glatfelter, September 2005. (The
Closure Plan also includes a Post-Closure Plan.)
Page 2 of 11
2. Construction Documentation, Ash landfill Closure, prepared by Sevee & Maher Engineers for
P.H. Glatfelter, June 2006.
3. Boundary Plat for the Brown No. 2 Ash Landfill, prepared by Hafler Land Surveying, Brevard
N.C., prepared for Ecusta Real Estate 1, LLC, dated February 23, 2007 and revised May 24,
2007. The Boundary Plat is recorded at Plat File __ 12_, Slide _504_ in the Transylvania
County Registry.
4. EXHIBIT A Attached hereto: Legal description of the 27.603 acres which comprise the Brown
No. 2 Ash Landfill.
5. Compliance Order dated September 12, 2005, issued by Solid Waste Section of the Division of
Waste Management to P.H. Glatfelter Company, ordering Glatfelter to close the New Ash
Landfill.
Facility Permit No: 88-01
P.H.GLATFEL TER INDUSTRIAL LANDFILL
Letter of Closure
December 14, 2007
Doc Id No: RC03557
Page 3 of 11
I. BACKGROUND AND HISTORY OF INDUSTRIAL SOLID WASTE LANDFILL
(1) P.H. Glatfelter Company ("Glatfelter") owned and operated the unlined industrial waste landfill
for disposal of fly ash generated by the coal-fired boilers located at its Ecusta Division pulp and paper
mill facility. The predecessor agency of the Division of Waste Management of the North Carolina
Department of Environment and Nat11ral Resources issued Permit #88-01 for an industrial landfill to
Olin Corporation in 1979 pursuant to N.C.G.S. § 130A-294(a)(4)a. and ISA N.C. Administrative Code
13B Sections .0500 and 0600. Olin Corp. sold the Ecusta Mill facility to Glatfelter in 1985. The landfill
has been known as both the "Brown #2 Landfill" and the ''New Ash Landfill".
(2) A structural analysis of the coal fly ash conducted by the engineering firm of Froehling and
Robertson in 1977, included in the application for the landfill permit, concludes that the compacted fly
ash "could flow easily if super-saturated, 11 meaning that compacted ash in the landfill, if wet, would
liquefy, thus becoming structurally unstable. The original permit issued in 1979 included a system of
spring intercepting drains under the ash to drain the water from under the ash.
(3) On September 30, 1989, following several days ofrain, the New Ash Landfill structurally failed,
and more than 50,000 cubic yards of ash moved downhill and across Thrash Branch, filling the stream
and several acres of the 100-year flood plain. A portion of the ash slid to within 50 feet of the northwest
property boundary of the facility. After the landfill collapse Glatfelter relocated Thrash Branch, a
tributary of the Davidson River, along the northwest property line of the Ecusta Mill facility, and
stabilized the ash slide area in place. Glatfelter also reconstructed the ash landfill after installing new
drainage systems under the landfill which drained into a sediment basin.
( 4) Law Engineering Company evaluated the landfill collapse and prepared a report dated
November 29, 1989, which was submitted to the Division of Waste Management. The report concluded
that the sudden and widespread movement of the ash landfill probably was a direct result of heavy
rainfall, which likely caused a rise in the ground-water table within the fill as well as a rise in water level
within the pond area north of the ash fill. "Once initiated, subsequent movements could have occurred
rapidly as the shifting mass 'liquefied' and flowed downslope toward the northwest property line.11 Law
Report, page 8.
(5) In March, 1992, the Solid Waste Section of the Division of Waste Management amended and
re-:-issued Permit #88-01 to Glatfelter. The permit describes the reconstruction of the ash monofill after
the collapse, and encompasses an additional 5. 7 acres where the slide ash came to rest and was
stabilized. 111e boundaries of the active ash disposal area remained consistent with the original permit.
No additional ash disposal was permitted for the 5.7 acres included within the amended permit. Permit
#88-01 is recorded at Book 360, Pages 665 -674 in the Transylvania County Deed Registry.
Facility Permit No: 88-01
P.H.GLATFELTER INDUSTRIAL LANDFILL
Letter of Closure
December 14, 2007
Doc Id No: RC03557
Page 4 of 11
(6) Under 15A N.C. Administrative Code 13B .0503 (d)(ii), industrial waste landfills not
constructed with liners and leachate collection systems were required to close by January 1, 1998, unless
the owner or operator demonstrated that the landfill was designed and operated so as to ensure that the
groundwater protection standards established under ISA N.C. Administrative Code Chapter 2L will not
be exceeded in the uppermost aquifer at the compliance boundary established by the Division of Waste
Management in accordance with Chapter 2L of the N. C. Administrative Code.
(7) Sulfate contamination from the coal ash was detected in groundwater monitoring wells at the
ash landfill. . Glatfelter proposed to install a slurry wall to block groundwater migration from beneath the
landfill, and to collect the contaminated groundwater in an interceptor drain up gradient of the slurry wall
and pump it up to the existing Ecusta facility wastewater treatment system for treatment in the Aeration
Settlement Basis ("ASB") prior to discharge to surface water. The plan also provided for a stormwater
collection system to pipe storm water to a pump st~tion where it was also to be pumped to the ASB.
(8). The Solid Waste Section gave "performance based" approval to the plan, and on July 5, 2001,
issued Glatfelter a permit modification to construct the slurry wall and associated drainage and pumping
system. The slurry wall and the drainage and pumping system were installed during late 2001 or early
2002.
(9) Glatfelter sold the Ecusta Mill facility to RFS Ecusta on August 9, 2001.
(10) Production at the mill ceased in August, 2002, and RFS Ecusta filed for Bankruptcy,
Ecusta Real Estate 1, LLC, purchased the property where the New Ash Landfill is located from the
Bankruptcy Estate.
(11) On September 12, 2005, the Solid Waste Section issued a Compliance Order to Glatfelter
which required Glatfelter to close the New Ash Landfill and to perform post-closure maintenance of the
landfill and to monitor the ground and surface water at the landfill.
(12) Glatfelter submitted a Closure and Post-Closure Plan for the Solid Waste Section's approval.
The Plan included installation of a geosynthetic clay liner as a component of the landfill final cover
system. The Plan proposed continued management and treatment of the leachate, groundwater and
stormwater at the landfill through the pumping system to the ASB. Glatfelter represented that operation
of the wastewater treatment system, including the ASB, would be maintained. Following approval of the
Closure and Post-closure Plan by the Solid Waste Section, Glatfelter implemented the Closure Plan.
(13) In June, 2006, Glatfelter submitted Construction Documentation for the Ash Landfill Closure
to the Solid Waste Section. The present Closure and Post-Closure Plan for the landfill depend upon
continued future operation and maintenance of the pumping systems and the Ecusta wastewater
treatment system with associated ASB for treating landfill leachate and for preventing entry of ground
and surface water into the ash landfill. Prevention of saturation of the ash is critical to the structural
stability of the landfill.
·.
Facility Permit No: 88-01
P.H.GLATFELTER INDUSTRIAL LANDFILL
Letter of Closure
December 14, 2007
Doc Id No: RC03557
Page 5 of 11
( 14) The landfill final cover system, the groundwater slurry wall and the collection, pumping and
treatment system for stormwater and contaminated groundwater are components of a remediation system
for groundwater contamination at the landfill site.
(15) At the direction of the Solid Waste Section, Glatfelter worked with Hatler Land Surveying
and land owner Ecusta Realty 1 to prepare a boundary survey plat for the Brown No. 2 Ash Landfill,
which plat depicts areal and vertical limits of the ash disposal, floodplains, ground water monitoring
wells, the pump station, surface water monitoring points, and other features of the Ash Landfill site. The
Plat Map, dated February 23, 2007, revised May 24, 2007, is recorded in Plat File _12_, Slide _504_ in
the Transylvania County Registry. ·
II. POST-CLOSURE CONDITIONS
INDUSTRIAL SOLID WASTE LANDFILL
A. GENERAL CONDITIONS
(I) The rules referred to in this Closure Letter mean the solid waste management rules codified at
15A N.C. Administrative Code Chapter 13B. As used in this Closure Letter, the term "Owner/
Operator" means P.H. Glatfelter Company, who was the Owner and Operator of the permitted
New Ash Landfill.
(2) The Owner/ Operator shall maintain the integrity and effectiveness of the final cover system on
the landfill and maintain any permanent erosion control devices. Maintenance shall include but
not be limited to making repairs to the cover as necessary to correct the effects of settlement,
subsidence, erosion, or other events, prevention of surface water from impounding over waste,
regular maintenance of any drainage ditches, and prevention of water run-on and run-off from
eroding or otherwise damaging the cover system. The Owner/ Operator shall maintain the
vegetative cover of native grasses, reseeding as necessary, and mowing regularly during the
growing season.
(3) Groundwater quality at this facility is subject to the "Classifications and Water Quality Standards
Applicable to the Groundwaters of North Carolina," ISA NCAC 2L. This includes, but is not
limited to, the provisions for detection monitoring, assessment, and corrective action.
( 4) The Owner/ Operator shall ensure that the landfill unit does not violate any applicable
requirements developed under a State Implementation Plan (SIP) approved or promulgated by
the U.S. EPA Administrator pursuant to Section 110 of the Clean Air Act, as amended.
(5) The Owner/ Operator shall be responsible for the long-tenn operation and maintenance of the
landfill dewatering and leachate treatment systems, including systems for drainage, collection,
pumping and treating of leachate, groundwater, and stormwater, as provided in the approved
Closure and Post-closure plan. All water collected from the landfill site shall be pumped to the
Facility Pennrt No: 88-01
P.H.GLATFELTER INDUSTRIAL LANDFILL
Letter of Closure
December 14, 2007
Doc Id No: RC03557
Page 6 of 11
AS8 for treatment and discharge. The approved Closure and Post-closure plan constitutes a
remedial action plan for groundwater contamination detected at the landfill site.
(6) In the event that an owner or a permittee of the Ecusta wastewater treatment system and
associated AS8 proposes to cease operating the ASB, Glatfelter, as the Owner/Operator of the
New Ash Landfill, shall submit to the Solid Waste Section for its approval an alternative plan to
the current approved Closure and Post-closure plan for the landfill. The plan shall provide an
alternative method of effectively dewatering the landfill, management of stormwater falling at the
site, and treating leachate contaminated water other than by pumping all of the water collected at
the landfill into the AS8 for treatment and discharge under the existing NPDES Permit. Upon
approval of the plan by the Section, Glatfelter shall implement the plan prior to the closure of the
ASB. Glatfelter shall provide construction documentation for the alternative ground and surface
water collection, treatment and discharge system to the Solid Waste Section.
B. WATER QUALITY MONITORING AND REMEDIATION REQUIREMENTS
(1) The Owner/ Operator, shall conduct ground and surface water sampling in accordance with the
post-closure water quality monitoring plan, as described in Section 3.3 of the approved Closure
Plan. (See Attachment 1, Document 1.) Ground water monitoring wells and surface water
sampling location(s) shall be sampled on a semi-annual basis, at a minimum.
(2) Sampling equipment and methods shall conform to specifications in the
"North Carolina Water Quality Monitoring Guidance Document for Solid Waste
Facilities". 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. (See Page 2: List of Approved Documents, Document 1.)
(3) Water quality detection monitoring shall continue for a minimum of five years from the date of
issuance of this Closure Letter. Depending upon analytical results, development and
implementation of a water quality assessment plan may be necessary. After five years, the Solid
Waste Section shall re-evaluate the water quality monitoring plan.
( 4) The Owner/ Operator 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 within 30
days of receipt of the analytical data from the laboratory.
(5) The Owner/ Operator shall maintain all groundwater monitoring wells in operable condition, and
shall promptly repair or replace if necessary any damaged wells.
III. RECORD A TI ON
(I) Ecusta Real Estate 1, LLC, as the owner of the land occupied by the New Ash Landfill, shall
ensure that the recordation requirements for land disposal sites found in N.C.G.S. 130A-301(a),
15A N.C. Administrative Code Sections 138 .0204 and .0510(c) and N.C.G.S. Sections 1438-
Facility Pennit No: 88-01
P.H.GL.ATFELTER INDUSTRIAL LANDFILL
Letter of Closure
December 14, 2007
Doc Id No: RC03557
Page 7 of 11
279.9 and 279.10 are met by filing this Letter of Closure for recordation in the Transylvania
County Deed Registry.
Whenever the property or any part of the 27.603 acres where 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 instrwnent a statement that
the property has been used as an unlined landfill for the disposal of industrial waste ( coal fly ash)
and closed under the North Carolina Solid Waste Management Statutes and Rules, that future use
of the property is restricted by the Solid Waste Section of the North Carolina Division of Waste
Management, Department of Environment and Natural Resources, and a reference by book and
page number to this recorded Letter of Closure and reference to Plat recorded at Plat File _12_,
Slide 504 . Said statements shall be included on all future deeds or other instruments of
transfer in order to notify in perpetuity any potential purchasers, lessees or other grantees of
property that:
(a) The property is an unlined industrial waste landfill; and
(b) Its use is restricted under the Closure Pl an approved by the Solid Waste Section of the
Division of Waste Management, and the Letter of Closure and Land Use Restrictions
issued by the Solid Waste Section on December _14_, 2007, recorded at
Book __ , Page __ of the Transylvania County Registry.
( c) The owner ofrecord of the property is required to send an annual letter to the Solid
Waste Section of the Division of Waste Management, N.C. Department of
Environment and Natural Resources on the anniversary date of this Closure Letter.
The letter, signed and notarized by the owner or owners of the property shall confirm
that this Closure Letter is still recorded in the Transylvania County Deed Registry and
that activities and conditions at the property remain in compliance with the land use
restrictions herein.
(2) 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, Ecusta Real Estate 1, LLC. 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.
IV. POST-CLOSURE USES and PERPETUAL LAND USE RESTRICTIONS
Any post-closure use of the property depicted on the Plat recorded at Plat File _12 __ , Slide
_504_ in the Transylvania County Registry must be approved by the Solid Waste Section of the
Division of Waste Management of the North Carolina Department of Environment and Natural
Resources ("DENR"), or its successor Agency. Due to the history of instability of the coal fly ash in the
landfill, public access to the property is to be prevented. Any proposal for post-closure use shall be
accompanied by appropriate engineering studies and documentation prepared and sealed by a
professional engineer licensed to practice in the State of North Carolina. Post-closure use of the
property shall not disturb the integrity of the landfill cover system, the erosion control systems, the
Facillty Perrnit No: 88-01
P.H.GLATFELTER INDUSTRIAL LANDFILL
Letter of Closure
December 14, 2007
Doc Id No: RC03557
Page 8 of 11
landfill dewatering and leachate treatment systems, the stonnwater collection and management systems,
or the function of the ground and surface water monitoring systems.
PERPETUAL LAND USE RESTRICTIONS
For the purpose of protecting public health, safety and the environment, the current landowner
Ecusta Real Estate 1, LLC hereby declares that all real property depicted on the Plat recorded at Plat File
_12 _, Slide _504__ shall be held, sold, conveyed or otherwise transferred, or leased, subject to the
following perpetual land use restrictions, which shall run with the land; shall be binding on all parties
having any right, title or interest in the landfill facility site or any part thereof, their heirs, successors and
assigns; and shall, as provided in N.C.G.S. 143B-279.09, be enforceable by both the Department of
Environment and Natural Resources ( or its successor) and a unit of local government having jurisdiction
over any part of the site, without regard to lack of privity of estate -9r contract, lack of benefit to
particular land, or lack of any property interest in particular land. These restrictions shall continue in
perpetuity and cannot be amended or canceled unless and until the Transylvania County Register of
Deeds receives and records a written Notice from the Secretary of DENR or his delegate that the Land
Use Restrictions have been amended or canceled.
1. The real property shall not be developed or utilized for residential, commercial, industrial,
institutional, agricultural or recreational purposes.
2. There shall be no above-or below-ground construction or improvements on the property, including,
but not limited to, utilities, roads, parking lots and sidewalks, except for any construction and
improvements which are approved by the Solid Waste Section as part of an approved closure, post-
closure and/ or remediation plan.
3. No surface or subsurface native or fill earthen materials may be removed from the property without
the written permission of the Solid Waste Section or its successor in function. There shall be no
alteration, disturbance or removal of the existing soil, landscape and contours, other than the approved
erosion control measures, unless approved by the Solid Waste Section as part of an approved closure,
post-closure, or remediation plan.
4. The property shall not be used for animal grazing, kennels, animal shelters or pens, riding clubs or
trail rides.
5. Hunting, fishing, and camping on the property are prohibited. Firing ranges are prohibited.
6. The property shall not be used for sporting activities of any kind, including, but not limited to, golf,
football, basketball, soccer, and baseball.
7. On and off-road vehicular use on the property is prohibited, except in connection with maintenance,
monitoring, and remediation of the site as provided by this Closure Letter and a landfill closure, post-
closure and/ or remediation plan which has been approved by the Solid Waste Section.
8. The property shall not be used for timber production or logging.
Facility Permit No: 88-01
P.H.GLATFEL TER INDUSTRIAL LANDFILL
Letter of Closure
December 14, 2007
Doc Id No: RC03557
Page 9 of 11
9. The property shall not be used for mining, extraction of coal, oil, gas or any other minerals or non-
mineral substances.
10. Any surface or underground water shall not be used for any purpose. The installation of
groundwater wells or other devices for access to groundwater for any purpose other than monitoring
groundwater quality or remediation of groundwater contamination in accordance with a monitoring or
remediation plan approved by the Solid Waste Section is prohibited.
11. Vehicles, mobile offices, and any other machinery or equipment shall not be parked or stored on the
property unless they are necessary to implement a closure, post-closure and I or remediation plan
approved by the Solid Waste Section.
12. Solid waste, junked vehicles, mobile homes, appliances and other materials, including waste
materials, recyclable materials and virgin materials, shall not be located, disposed or stored on the
property.
13. Public access to the property shall be prevented. Gates, fences and/ or any other devices to prevent
public access shall be maintained
14. There shall be·no removal or disturbance of solid waste disposed in the Landfill, unless specifically
approved by the S1Jlid Waste Section as part of an approved remediation plan.
15. Enhancement of the landfill cap is part of the approved Closure and remediation plan. The landfill
final cover shall be maintained and shall not be disturbed. Mowing of grass by the Owner/ Operator as
required by this Closure Letter is allowed.
16. The property may be used for any closure and post-closure care activities and remedial investigation
and remedial action activities required and approved by the Solid Waste Section or its successors in
function, including the activities required to be performed by the Owner/ Operator in accordance with
Section II of this Closure Letter.
17. Activities necessary to maintain the security of the Site, prevent human exposure to contaminated
materials and water, to prevent erosion at the Site and to maintain the structural stability of the landfill
are permitted, if approved in writing in advance by the Solid Waste Section or its successor in function.
18. All other uses and activities at the property are prohibited.
19. Ecusta Real Estate 1, LLC and each successive owner of record and lessee of the property shall
protect access to the property for purposes of all closure, post-closure, investigation and remediation
activities, as approved by the Solid Waste Section, to be performed by P.H. Glatfelter Company. Ecusta
Real Estate 1, LLC, and each successive owner and lessee of the property shall grant the Division of
Facility Permit No: 88-01
P.H.GLATFELTER INDUSTRIAL LANDFILL
Letter of Closure
December 14, 2007
Doc Id No: RC03557
Page 10 of 11
Waste Management or its successor in function access to the property upon request for inspections and
monitoring, including but not limited to, sampling of groundwater and surface water.
20. Ecusta Real Estate 1, LLC and each successive owner of record and lessee of the property shall
allow access to the property by any person who is conducting closure and post-closure activities,
environmental assessment activities, or remediation activities at the direction of, or pursuant to a permit
or order issued by, the Division of Waste Management, or its successor in function. Ecusta Real Estate 1,
LLC and each successive owner of record and lessee of the property shall allow access to the property by
any person who is involved in determining compliance with applicable land use restrictions, for the
purpose of conducting such activities.
21. Annually on or before the anniversary date of the recordation of this Closure Letter and Land Use
Restrictions, the own~ of the real property shall submit a letter report containing the notarized signature
of the owner, to the Solid Waste Section or its successor in function, confirming that this Letter is still
recorded in the Transylvania County Deed Registry and that activities and conditions at the Site remain
in compliance with the land use restrictions herein.
ENFORCEMENT
The above land use restrictions are an integral part of the closure, post-closure and remedial action plan
for the landfill, and are necessary for maintenance of the structural stability of the landfill, prevention of
human injury and property damage, and prevention of human exposure to harmful substances.
Adherence to the restrictions is necessary to protect public health, safety and the environment. These
land use restrictions shall be maintained and enforced by every owner, operator, lessee and any other
party having control or responsibility for all or any part of the property. The above land use restrictions
may also be enforced by the Department of Environment and Natural Resources or its successor in
function through the remedies provided in N.C.G.S. Chapter l 30A, Article 1, Part 2 or by means of a
civil action, and may also be enforced by any unit oflocal government having jurisdiction over any part
of the property, as provided in N.C.G.S. 143B-279.9. Failure by any party required or authorized to
enforce any of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter
as to the same violation or as a violation occurring prior or subsequent thereto.
.... -... ot:'.J aco -~ 670 Exhibit "A"
Facility Permit No: 88-01
P.H.GLATFELTER INDUSTRIAI; LANDFILL
Lette~ cf Closure
December-14, 2007
BOUNDARY DESCRIPTION
Brown No. 2 Ash Landfill
P.H. Glatfelter Co. -Ecusta Division
Doc Id No: RC03557
Page 11 of 11
Lying within Brevard Township; Transylvania County, North
Carolina and being a portion of Parcel One of the Ecusta
Corporation proper>ty as descr:ibed in Deed Book 277, Page 651;
also being a portion of Tractl-2 as shown on that certain plat
entitled Sheet 2 of 3, Boundary Survey, Olin Corporation and
recorded in Plat Cabinet 2, Slide 371 of the Transylvania
Registry and being more· particularly described as follows:
BEGINNING on a concrete monument, the southeast corner of
the Mack~y Estate Subdivision as shown on Plat Book-1, Page
10, said monument being Corner Number 46 of the aforementioned
plat of the Olin Corporation Boundary;
Thence from said beginning with the Ecusta Corporation boundary
and with Tract l-2 of Plat Cabinet 2, Slide 371 N 19° 04' 00° E,
496.90 feet to·a concrete monument,--Corner #47;
Thence N 19° 03 1 58 11 E, 16.50 feet to a concrete monument,
Corner #48;
Thence N 19° 04 1 00" E,· 5~7.48 feet to an iron rod, said
iron rod'·stands S 13·o 17 1 09 11 E, 3091. 77 feet from NCGS
Monument Blackwood;
Thence from said iron rod, leaving the Ecusta Corporation
bounda::.>y, a new line S 70° s·3, 53 11 E, 908.79 feet to a concrete
monument in the Ecusta Corporation boundary, Corner No. 54 ·
of Tract 1-2 of Plat Cabinet 2, Slide 371, also being the
southwest corne~ of the Monteith property described in Deed
Book _276·, Page 41;
Thence with the Ecusta and Monteith boundary S 82° 27 1 04 11 E
128.24 feet to an iron rod; ·
Thence leaving the Monteith and Ecusta boundaries three new
lines as follows: S 14° 5Sf 3111 W, 1009.50 feet to an iron
rod;
Thence N 84° 34 1 31" w,.1139.49 feet to an iron rod;
Thence N 19° O'-t 1 0011 E, 139. 70 feet to the Point of Beginning.
Containing 27.60 ac~es.
CERTIFIED COPY OF CLOSURE LETTER
I do hereby certify that the attached LEITER OF CLOSURE AND LAND USE
RESTRICTIONS is an exact and true copy of the Closure Letter for the P.H. Glatfelter Company
unlined industrial waste sanitary landfill ("New Ash Landfill") located at the Ecusta Mill
Facility, Permit Number 88-01. The Closure Letter is issued to Ecusta Realty 1, LLC, current
property owner, and P.H. Glatfelter Company, w ner/Operator of the landfill.
North Carolina
Wake County
Edward F. M ssler, I , P.E.,
Permitting Branch Supervisor
Solid Waste Section
Division of Waste Management
I, l!Jllft.t lb Jkr,{t1d , Notary Public for 1/;u..u County,
NorthC olina, do hereby certify that Edward F. Mussier, Supervisor of the Permitting Branch,
Solid Waste Section, Division of Waste Management, NCDENR, personally appeared before me
this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal,
Page 1-2 Certification
. ' . \,
PRESENTED FOR RECORDING BY:
North Carolina
County
ECUSTA REAL ESTATE 1, LLC,
a North Carolina limited liability company
By: Ecusta Business Development Center, LLC, its
sole member
Roger Petit, Manager of Ecusta Business
Development Center, LLC
I, Notary Public for County,
North Carolina, do hereby certify that Roger Petit, Managing Member of Ecusta Business
Development Center, LLC; 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 Ecusta Real
Estate 1, LLC.
Witness my hand and official seal, OFFICIAL SEAL
This the ___ day of December, 2005.
NOTARY PUBLIC
My commission expires ________ , 20 __ .
Note to Register of Deeds: This certified original permit shall be recorded by the Register of Deeds and indexed in the gr an tor index
under the name of the land owner. The certified original affixed with the Register's seal and the date, book, and page number of recording
shall be returned to the Permitting Branch Supervisor, Division of Waste Management, Solid Waste Section, 1646 Mail Service Center,
Raleigh, NC 27699-1646.
Page 2 of 2-Certification
NOTE: THE SPACE ABOVE IS FOR THE REGISTER OF DEEDS USE
Letter of Closure and Landuse Restrictions for Industrial Solid Waste Landfill
THIS PAGE rs PROVIDED FOR RECORDATION PURPOSES. THE ENTIRE DOCUMENT,
INCLUDING THIS PAGE, SHOULD BE RECORDED IN THE GRANTOR INDEX UNDER
THE NAME OF THE LANDOWNER.FOR THE PARCEL OF PROPERTY LOCATED IN
TRANSYLVANIA COUNTY AND SAID PROPERTY BEING OWNED BY:
ECUSTAREALTY 1, LLC
AND FURTHER IDENTIFIED BY THE DEED RECORDED AT:
DEED BOOK 183, PAGES 742, AND DEPICTED IN THE PLAT MAP RECORDED AT
PLAT FILE _12 __, SLIDE _504_.
THE PURPOSE OF THIS RECORDATION rs TO NOTIFY THE PUBLIC AND FUTURE
BUYERS OF THE REAL PROPERTY THAT THE PROPERTY HAS BEEN USED AS AN
UNLINED INDUSTRIAL WASTE LANDFILL, THAT THE LANDFILL IS SUBJECT TO
POST CLOSURE REQUIREMENTS PERFORMED BY P.H. GLATFELTER COMP ANY,
AND THAT FUTURE USE OF THE PROPERTY IS RESTRICTED BY PERPETUAL LAND
USE RESTRICTIONS IMPOSED BY THE SOLID WASTE SECTION OF THE DIVISION OF
WASTE MANAGEMENT OF THE NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES.
N.C. General Statute 130A-301(a), 15A N.C. Administrative Code Sections 13B .0204 and
.0510(c) and N.C. General Statute Sections 143B·279.9 and 279.10.
'' if-
/.W'A
MCDEMR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Dexter R. Matthews, Director
P.H. Glatfelter Company
Division of Waste Management
12 December 2007
Jeffrey J. Norton, Vice President, General Counsel and Secretary
96 South George Street, Suite 420214 Camelot Drive
York, Pa. 17401
and
Ecusta Real Estate 1, LLC
C/0 Ecusta Business Development Center
Roger Petit, Managing Member
1 Ecusta Road
Brevard, N.C. 28712
Michael F. Easley, Governor
William G. Ross Jr., Secretary
RECEIVED
&EC17'1JJ1
SOLID WP>ST.E SECTION
~HEVILLE REGIONAL OFFICE
Re: Letter of Closure and Land Use Restrictions for the P.H. Glatfelter
Company "Brown No. 2" or "New Ash" unlined Industrial Solid Waste
landfill located at the former Ecusta Mill in Pisgah Forest, Transylvania
County, North Carolina
FACILITY PERMIT#: 88-01., Doc ID ·No: RC03560
Dear Mr. Norton and Mr. Petit:
Enclosed please find an original and a certified copy of the document entitled "Letter of
Closure and Land Use Restrictions" for the "New Ash" unlined industrial solid waste
landfill located at the former Ecusta Mill in Transylvania County. The Letter is issued to
P.H. Glatfelter Company as the Owner/Operator and permittee of the landfill and to
Ecusta Real Estate 1 as the current owner of the land where the landfill is located.
Ecusta Real Estate 1 shall execute for recording and record the certified copy of the
Letter of Closure and Land Use Restrictions in the Transylvania County Deed Registry.
At the time of recording, please request the Register of Deed to fill in the blanks on
page 7 of the Letter with the Book and Page Numbers where the Letter of Closure is
recorded, in order to insure that notice of the Letter of Closure and Land Use
Restrictions may be given in future instruments of conveyance for the land.
The Solid Waste Section (the Section) has .reviewed the closure certification
documentation submitted on behalf of P.H. Glatfelter Company for the New Ash landfill,
and has reviewed and approved the plat map prepared by Hafler Land Surveying for
1646 Mail Service Center, Raleigh, North Carolina 27699·1646
Phone [phone] \ FAX 919-733·4810 \ Internet http://wastenotnc.org
An Equal Opportunity I Affirmative Action Employer -Printed on Oual Purpose Paper
Mr. Norton and Mr. Petit
December 14, 2007
DOC ID No: RC03560
Page 2
Ecusta Real Estate 1, as revised May 24, 2007, which depicts the 27.603 acres of the
landfill facility. On December 14, 2007, Ecusta Real Estate 1 recorded the plat map at
Plat File 12, Slide 504 in the Transylvania County Registry. Based upon the closure
certification report, the Section has determined that the unlined industrial solid waste
("New Ash") landfill has been closed in accordance with the applicable requirements
and the approved closure plan. This determination may be rescinded should any of the
documentation prove to be inaccurate.
The New Ash landfill is considered closed subject to post closure conditions in Section II
of tl}e~~%Ri Closure. The Owner/Operator of the industrial waste landfill, P.H.
Glakeitar\¢pn,p~}Y[ ii responsible for compliance with these conditions. This closure
shall become effecl1efef upon written notification to the Section by the Owner/Operator
that t cilitt shall be maintained in compliance with the post closure conditions
specif ·n lfe r of Closure and Land Use Restrictions.
It sllra-11:'be,the re.s.pq~sibility of Ecusta Real Estate 1 and each successive owner of the
~afj5roperty to'.f9!lqSyJhe requirements for Recordation, including giving notice of the
landfill in any instrument of conveyance, as set out in Section Ill of the Letter of Closure.
It shall be the responsibility of Ecusta Real Estate 1 and each successive owner of the
land to maintain the Land Use Restrictions set forth in Section IV of the Letter of
Closure during the periods of their respective ownership of the land. The land use
restrictions run with the land.
If you have any questions concerning the Letter of Closure, please call me at (919) 508-
8495.
Edward F. Mussier, II, P.E.
Solid Waste Section
cc:
Linda Culpepper, Deputy Director, DWM
Larry Frost, DWM
Paul Crissman, Section Chief
Nancy Scott, Ass. Attorney General
Bill Toole, Attorney for Ecusta Real Estate 1
Steve Levitas, Attorney for P. H. Gladfelter Company
A'W'A
MCDEMR
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Dexter A. Matthews, Director
P.H. Glatfelter Company
Division of Waste Management
12 December 2007
Jeffrey J. Norton, Vice President, General Counsel and Secretary
96 South George Street, Suite 420214 Camelot Drive
York, Pa. 17401
and
Ecusta Real Estate 1, LLC
C/0 Ecusta Business Development Center
Roger Petit, Managing Member
1 Ecusta Road
Brevard, N.C. 28712
Michael F. Easley, Governor
William G. Ross Jr., Secretary
RECEIVED
OEC l 7 '8111
SOLID WP-STE SECTION
~HEVILLE REGIONAL OFFICE
Re: Letter of Closure and Land Use Restrictions for the P.H. Glatfelter
Company "Brown No. 2" or "New Ash" unlined Industrial Solid Waste
landfill located at the former Ecusta Mill in Pisgah Forest, Transylvania
County, North Carolina
FACILITY PERMIT#: 88-01., Doc ID ·No: RC03560
Dear Mr. Norton and Mr. Petit:
Enclosed please find an original and a certified copy of the document entitled "Letter of
Closure and Land Use Restrictions" for the "New Ash" unlined industrial solid waste
landfill located at the former Ecusta Mill in Transylvania County. The Letter is issued to
P.H. Glatfelter Company as the Owner/Operator and permittee of the landfill and to
Ecusta Real Estate 1 as the current owner of the land where the landfill is located.
Ecusta Real Estate 1 shall execute for recording and record the certified copy of the
Letter of Closure and Land Use Restrictions in the Transylvania County Deed Registry.
At the time of recording, please request the Register of Deed to fill in the blanks on
page 7 of the Letter with the Book and Page Numbers where the Letter of Closure is
recorded, in order to insure that notice of the Letter of Closure and Land Use
Restrictions may be given in future instruments of conveyance for the land.
The Solid Waste Section (the Section) has .reviewed the closure certification
documentation submitted on behalf of P.H. Glatfelter Company for the New Ash landfill,
and has reviewed and approved the plat map prepared by Hatler Land Surveying for
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone 919·508-8400 \ FAX [phone] \ Internet http://wastenotnc.org
An Equal Opportunity I Affirmative Action Employer -Printed on Dual Purpose Paper
Mr. Norton and Mr. Petit
December 14, 2007
DOC ID No: RC03560
Page 2
Ecusta Real Estate 1, as revised May 24, 2007, which depicts the 27.603 acres of the
landfill facility. On December 14, 2007, Ecusta Real Estate 1 recorded the plat map at
Plat File 12, Slide 504 in the Transylvania County Registry. Based upon the closure
certification report, the Section has determined that the unlined industrial solid waste
("New Ash") landfill has been closed in accordance with the applicable requirements
and the approved closure plan. This determination may be rescinded should any of the
documentation prove to be inaccurate.
The New Ash landfill is considered closed subject to post closure conditions in Section II
of tl}e~tt~ gJ ~~tosure. The O~ner/Operat~r of the _industrial was!~ landfill, _P.H.
Glaffalte,r1,tpn,P,~JilYj 1lrespons1ble for compliance with these cond1t1ons. This closure
shall become effecl1efl upon written notification to the Section by the Owner/Operator
that t cilit-:t shall be maintained in compliance with the post closure conditions
specif ·n ilfe r of Closure and Land Use Restrictions.
It s11ra·tt be,the r~~pqr..1sibility of Ecusta Real Estate 1 and each successive owner of the
~af'j5toJi)er.ty. to JpJtq'}yJhe requirements for Recordation, including giving notice of the
landfill in any instrument of conveyance, as set out in Section Ill of the Letter of Closure.
It shall be the responsibility of Ecusta Real Estate 1 and each successive owner of the
land to maintain the Land Use Restrictions set forth in Section IV of the Letter of
Closure during the periods of their respective ownership of the land. The land use
restrictions run with the land.
If you have any questions concerning the Letter of Closure, please call me at (919) 508-
8495.
Edward F. Mussier, II, P.E.
Solid Waste Section
cc:
Linda Culpepper, Deputy Director, DWM
Larry Frost, DWM
Paul Crissman, Section Chief
Nancy Scott, Ass. Attorney General
Bill Toole, Attorney for Ecusta Real Estate 1
Steve Levitas, Attorney for P.H. Gladfelter Company
Book 4,. :e 612
-200700968 2
iiiiiiiiiii TIWISYLVANIA CO, NC FEE $50.00
-rmut&u Ii ~I
!!!!!! 12-20-2007 03:55:52 PM =-= CINDY M OWIIBEY
=-lftPCl'IISaDS !!!!!!!!!!!!! BY : BETH C SALES
-.USlff.lft ill BK: DOC 440
-~
PG:612-624
NOTE: THE SPACE ABOVE IS FOR THE REGISTER OF DEEDS USE
Letter of Closure and Landuse Restrictions for Industrial Solid Waste Landfill
THIS PAGE IS PROVIDED FOR RECORDATION PURPOSES. THE ENTIRE DOCUMENT,
INCLUDING THIS PAGE, SHOULD BE RECORDED IN THE GRANTOR INDEX UNDER
THE NAME OF THE LANDOWNER.FOR THE PARCEL OF PROPERTY LOCATED IN
TRANSYLVANIA COUNTY AND SAID PROPERTY BEING OWNED BY:
ECUSTA REAL TY 1, LLC
AND FURTHER IDENTIFIED BY 'fl::IE DEED RECORDED AT:
DEED BOOK 183, PAGES 742, AND DEPICTED IN THE PLAT MAP RECORDED AT
PLAT FILE _12__, SLIDE _504_.
THE PURPOSE OF THIS RECORDATION IS TO NOTIFY THE PUBLIC AND FUTURE
BUYERS OF THE REAL PROPERTY THAT THE PROPERTY HAS BEEN USED AS AN
UNLINED INDUSTRIAL WASTE LANDFILL, THAT THE LANDFILL IS SUBJECT TO
POST CLOSURE REQUIREMENTS PERFORMED BY P.H. GLATFELTER COMPANY,
AND THAT FUTURE USE OF THE PROPERTY IS RESTRICTED BY PERPETUAL LAND
USE RESTRICTIONS IMPOSED BY THE SOLID WASTE SECTION OF THE DMSION OF
WASTE MANAGEMENT OF THE NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES.
N.C. General Statute 130A-30l(a), 15A N.C. Administrative Code Sections 138 .0204 and
.0510(c) and N.C. General Statute Sections 1438~279.9 and 279.10.
~r~ ~ ·. t{Gl)We'., ~~~()~·~
Book 440 Page 613
Facility Pennlt No: 88-01
P.H.GLA TFEL TEA INDUSlRIAL LANDFILL
LETTER of CLOSURE
December 14, 2007
Doc .ID No: RC03557
Page 1 of 11
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES
Dexter R. Matthews, Director Oivislon of Waste Management
STATE OF NORTII CAROLINA
MlchaelF.Easley.Govemor
William G. Ross Jr., Secretary
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
INDUSTRIAL SOLID WASTE LANDFILL
PERMIT NO. 88-01
Ecusta Real Estate 1, LLC. (Current Landowner)
and
P.H. Glatfelter Company (Landfill Owner/Operator)
are hereby issued
A
LETTER OF CLOSURE and LAND USE RESTRICTIONS
For the
P.H. GLATFELTER INDUSTRIAL LANDFILL, ECUSTA MILL SITE
The Jandfill is comprised of approximately 27.6 acres of the property recorded in DEED BOOK: 183,
PAGE 7 42, and depicted in the Plat Map recorded at Plat File _12 _, Slide_ 504 _, in the Transylvania
County, North Carolina, Registry. The landfill is located on the site of the former Ecusta Pulp and Paper
Mill, east ofN.C; Highway 280 and south of U.S. Highway 64 in Pisgah Forest. This closure letter is
issued in accordance with Article 9, Chapter l30A, of the General Statutes ofNorth Carolina, 15A N.C.
Administrative Code 13B, and N.C.G.S. 1438-279.9.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Telephone [phone] \ Fax [phone] \ Internet http://wastenotnc.org
An Equal OpporUlity I Alflnmllvll Adon Efl1)b/w-Print9c1 ori Dual Purpose Paper
··--·· .. -. -~ '' ~-_ ...• ' ·····-... : . --,;,,·'°'>-·., ... -· .., ••...•. ---..... - . ,.._.,.,,.. ""·'-•. ··•·• ~-.......... ·--.. -~ • . .. -.• -, ........ , · .••....• j..r ... ~ ..... ·-.. •'· -~-· ~ .......... ,--.. ~----· • ~ ...... -..... '
Book 440 Page 614
Facility Pennlt No: 88-01
P.H.GLATFELTER INDUSTRIAL LANDFILL
Letter of Closure
December14,2007
Doc Id No: RC03557
Page 2of 11
LIST OF APPROVED DOCUMENTS
1. A Closure Plan/or the Ash Landfill, Pisgah Forest, North Carolina by Glatfelter,
prepared by Sevee & Maher Engineers for P.H. Glatfelter, September 2005. (The
Closure Plan also includes a Post-Closure Plan.)
2. Construction Documentation, Ash landfill Closure, prepared by Sevee & Maher Engineers for
P.H. Glatfelter, June 2006.
3. Boundary Plat for the Brown No. 2 Ash Landfill, prepared by Hatler Land Surveying, Brevard
N.C., prepared for Ecusta Real Estate 1, LLC, dated February 23; 2007 and revised May 24,
2007. The Boundary Plat is recorded at Plat File __ 12_, Slide _504_ in the Transylvania
County Registry.
4. EXHIBIT A Attached hereto: Legal description of the 27.603 acres which comprise the Brown
No. 2 Ash Landfill.
5. Compliance Order dated September 12, 2005, issued by Solid Waste Section of the Division of
Waste Management to P.H. Glatfelter Company, ordering Glatfelter to close the New Ash
Landfill.
Book 440 Page 615
Faciity Pennit No: 88-01
P.H.GLATFEl TEA INDUSTIUAL LANDFILL
Letter of Closure
December 14, 2007
Doc Id No: RC03557
Page3of11
I. BACKGROUND AND IDSTORY OF INDUSTRIAL SOLID WASTE LANDFILL
(1) P.H. Glatfelter Company ("Glatfelter,,) owned and operated the unlined industrial waste landfill
for disposal of fly ash generated by the coal-fired boilers located at its Ecusta Division pulp and paper
mill facility. The predecessor agency of the Division of Waste Management of the North Carolina
Department of Environment and Natural ResoW"CeS issued Pemrit #88-0 l for an industrial landfill to
Olin Corporation in 1979 pursuant to N.C.G.S. § 130A-294(a)(4)a. and ISA N.C. Administrative Code
138 Sections .0500 and 0600. Olin Corp. sold the Ecusta Mill facility to Glatfelter in 1985. The landfill
has been known as both the "Brown #2 Landfill" and the "New Ash Landfill". ·
(2) A structural analysis of the coal fly ash conducted by the engineering firm of Froehling and
Robertson in 1977, included in the application for the landfill pennit, concludes that the compacted fly
ash "could flow easily if super-saturated,'' meaning that compacted ash in the landfill, if wet, would
liquefy, thus becoming structurally unstable. The original permit issued in 1979 included a system of
spring intercepting drains under the ash to drain the water from under the ash.
(3) On September 30, 1989, following several days ofrain, the New Ash Landfill strocturally failed,
and more than 50,000 cubic yards of ash moved downhill and across Thrash Branch, filling the stream
and several acres of the 100-year flood plain. A portion of the ash slid to within 50 feet of the northwest
property boundary of the facility. After the landfill collapse Glatfelter relocated Thrash Branch, a
tributary of the Davidson River, along the northwest property line of the Ecusta Mill facility, and
stabilized the ash slide area in place. Glatfelter also reconstructed the ash landfill after instalJing new
drainage systems under the landfill which drained into a sediment basin.
( 4) Law Engineering Company evaluated the landfill collapse and prepared a report dated
November 29, 1989, which was submitted to the Division of Waste Management. The report concluded
that the sudden and widespread movement of the ash landfill probably was a direct result of heavy
rainfall, which likely caused a rise in the ground-water table within the fill as well as a rise in water level
within the pond area north of the ash fill. "Once initiated, subsequent movements could have occurred
rapidly as the shifting mass 'liquefied' and flowed downslope toward the northwest property line." Law
Report, page 8.
(5) In March, 1992, the Solid Waste Section of the Division of Waste Management amended and
re-issued Permit #88-01 to Glatfelter. The permit describes the reconstruction of the ash monofill after
the collapse, and encompasses an additional 5.7 acres where the slide ash came to rest and was
stabilized. The boundaries of the active ash disposal area remained consistent with the original permit.
No additional ash disposal was permitted for the 5.7 acres included within the amended permit. Permit
#88-01 is recorded at Book 360, Pages 665 -674 in the Transylvania County Deed Registry .
• . ' ~· .,. ,. ·=: .. ·.. • ~ .. · • ,: ·. . . .
Book 440 Page 616
Faciity Pennlt No: 8&-01
P.H.GLATFB.TER INDUSTRIAL LANOFJU.
Letter of Closure " Oecember 14, 2007
Doc Id No: ACOS557
Page4of 11
(6) Under 15A N.C. Administrative Code 138 .0503 (d)(ii), industrial waste landfills not
constructed with liners and leachate collection systems were required to close by January 1, 1998, unless
the owner or operator demonstrated that the landfiJI was designed and operated so as to ensure that the
groundwater protection standards established under ISA N.C. Administrative Code Chapter 2L will not
be exceeded in the uppermost aquifer at the compliance boundary esijlblished by the Division of Waste
Management in accordance with Chapter 2L of the N.C. Administrative Code.
(7) Sulfate contamination from the coal ash was detected in groundwater monitoring wells at the
ash landfill. Glatfelter proposed to install a slurry wall to block groundwater migration from beneath the
landfill, and to collect the contaminated groundwater in an interceptor drain upgradient of the slurry wall
and pump it up to the existing Ecusta facility wastewater treatment system for treatment in the Aeration
Settlement Basis ("ASBu) prior to discharge to surface water. The plan also provided for a stonnwater
collection system to pipe stonnwater to a pump station where it was also to be pumped to the ASB.
(8). The Solid Waste Section gave ''perfonnance based" approval to the plan, and on July 5, 2001,
issued Glatfelter a pennit modification to construct the slurry wall and associated drainage and pumping
system. The slurry wall and the drainage and pumping system were installed during late 2001 or early
2002.
(9) Glatfelter sold the Ecusta Mill facility to RFS Ecusta on August 9, 2001.
(10) Production at the mill ceased in August, 2002, and RFS Ecusta filed for Bankruptcy,
Ecusta Real Estate 1, LLC, purchased the property where the New Ash Landfill is located from the
Bankruptcy Estate.
(11) On September 12, 2005, the Solid Waste Section issued a Compliance Order to Glatfelter
which required Glatfelter to close the New Ash Landfill and to perform post-closure maintenance of the
landfill and to monitor the ground and surface water at the landfill.
(12) Glatfelter submitted a Closure and Post-Closure Plan for the Solid Waste Section's approval.
The Plan included installation of a geosynthetic clay liner as a component of the landfill final cover
system. The Plan proposed continued management and treatment of the leachate, groundwater and
stormwater at the landfill through the pumping system to the ASB. Glatfelter represented that operation
of the wastewater treatment system, including the ASB, would be maintained. Following approval of the
Closure and Post-closure Plan by the Solid Waste Section, Glatfelter implemented the Closure Plan.
(13) In June, 2006, Glatfelter submitted Construction Documentation for the Ash ·Landfill Closure
to the Solid Waste Section. The present Closure and Post-Closure Plan for the landfill depend upon
continued future operation and maintenance of the pumping systems and the Ecusta wastewater
treatment system with associated ASB for treating landfill leachate and for preventing entry of ground
and surface water into the ash landfill. Prevention of saturation of the ash is critical to the structural
stability of the landfill. .
.Book 440 Page 617
Fd.y Permit No: 88-01
P.H.GLATFB. TEA INDUSTRW.. L»JDFILl
Letter of Closll'e
December 14, 2007
~ Id No: RC03557
Page 5 of 11
(14) The landfill final cover system, the groundwater slWTY wall and the collecti<>11; pumping and
treatment system for stonnwater and contaminated groundwater are components of a remediation system
for groundwater contamination at the landfill site.
(15) At the direction of the Solid Waste Section, Glatfelter worked with Hatler Land Surveying
and land owner Ecusta Realty 1 to prepare a boundary survey plat for the Brown No. 2 Ash Landfill,
which plat depicts areal and vertical limits of the ash disposal, floodplains, ground water monitoring .
wells, the pump station, surface water monitoring points, and other features of the Ash Landfill site. The.
Plat Map, dated February 23, 2007, revised May 24, 2007, is recorded in Plat File _12_, Slide _504 _ in
the Transylvania County Registry. ·
II. POST-CLOSURE CONDITIONS
INDUSTRIAL SOLID WASTE LANDFILL
A. GENERAL CONDITIONS
(1) The rules referred to in this Closure Letter mean the solid waste management rules codified at
15A N.C. Administrative Code Chapter 138. As used in this Closure Letter, the term "Owner/
Operator" means P.H. Glatfelter Company, who was the Owner and Operator of the permitted
New Ash Landfi11.
(2) The Owner/ Operator shall maintain the integrity and effectiveness of the final cover system on
the landfill and maintain any permanent erosion control devices. Maintenance shall include but
not be limited to making repairs to the cover as necessary to correct the effects of settlement,
subsidence, erosion, or other events, prevention of surface water from impounding over waste,
regular maintenance of any drainage ditches, and prevention of water run-on and l'Wl-Off from
eroding or otherwise damaging the cover system. The Owner/ Operator shall maintain the
vegetative cover of native grasses, reseeding as necessary, and mowing regularly during the
growing season.
(3) Groundwater quality at this facility is subject to the "Classifications and Water Quality Standards
APPiicabie to the Groundwaters of North Carolina," l 5A NCAC 2L. This includes, but is not
limited to, the provisions for detection monitoring, assessment, and corrective action.
(4) The Owner/ Operator shall ensure that the landfill unit does not violate any applicable
requirements developed under a State Implementation Plan (SIP) approved or promulgated by
the U.S. EPA Administrator pursuant to Section 110 of the Clean Air Act, as amended.
(5) The Owner/ Operator shall be responsible for the Jong-term operation and maintelUl,ile.e of the ·
landfill dewatering and leachate treatment systems, including systems for draiiiag\{tollection,
pumping and treating of leachate, groundwater, and stonnwater, as provided in~ approved
Closure and Post-closure plan. All water collected from the landfill site shall be pumped to the
Book 440 Page 618
. Facily Permit No:~1
P.H.GLATFEL TER ·1NoustAIAL LANOFflL . . Letter of Cbsure
December 14, 2<Xfl
Doc Id No: RC03557
Page6of11
ASB for treatment and discharge. The approved Closure and Post-closure plan constitutes a
remedial action plan for groundwater contamination detected at the landfill site.
( 6) In the event that an owner or a permittee of the Ecusta wastewater treatment sys~ and
associated ASB proposes to cease operating the ASB, Glatfelter, as the Owner/Operator of the
New Ash Landfill, shall submit to the Solid Waste Section for its approval an al~tive plan to
the current approved Closure and Post-closure plan for the landfill .. The plan s~l-provide an
alternative method of effectively dewatering the landfill, manag~ent of stonnwaier tiuling at. the
site, and treating leachate contaminated water other than by pumping all of the wilter'collecte<f at
the landfill into the ASB for treatment and discharge under the e}tisting NPDES Pennit Upon
approval of the plan by the Section, Glatfelter shall implement the plan prior to the closure of the
ASB. Glatfelter shall provide construction docwnentation for the alternative ground and surface · ·
water collection, treatment and discharge system to the Solid Waste Section.
B. WATER QUALITY MONITORING AND REMEDIATION REQUIREMffiTS
(1) The Owner/ Operator, shall conduct ground and surface water sampling in accordance wit,h the
post-closure water quality monitoring plan, as described in Section 3.3 of the approved Closure
Plan. (See Attachment 1, Docwnent 1.) Ground water monitoring wells and swface water
sampling location(s) shall be sampled on a semi-annual basis, at a minimum.
(2) Sampling equipment and methods shall conform to specifications in the
"North Carolina Water Quality Monitoring Guidance Document for Solid Waste
Facilities". 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. (See Page 2: List of Approved Documents, Document 1.)
(3) Water quality detection monitoring shall continue for a minimum of five years from the date of
issuance of this Closure Letter. Depending upon analytical results, developmentllD<l
implementation of a water quality assessment plan may be necessary. After five yea.ts, the Solid
Waste Section shall re-evaluate the water quality monitoring plan. ..
(4) The Owner/ Operator shall maintain a record of all monitoring events and analytipil ~data.
Reports of the sampling events and analytical data shall be submitted to the Section within 30
days of receipt of the analytical data from the laboratory.
(5) The Owner/ Operator shall maintain all groundwater monitoring wells in operable condition, and
shall promptly repair or replace if necessary any damaged wells.
III. RECORDATION
{1) Ecusta Real Estate 1, LLC, as the owner of the land occupied by the New Ash Landfill~' sha,ll
ensure that the recordation requirements for land disposal sites found in N.C.G.S;l30A-30l(a);
15A N.C. Administrative Code Sections 138 .0204 and .0510(c) and N.C.G.S. Sections 143:S~
Book 440 Page 619
Faclly Permit No: 88-01
P.H.GLAlFELTER INDUSTRIAL LANDFILL
Letter of Closure
Decembef 14, 2007
Doc Id No: RC03557
Page 7of 11
279.9 and 279.10 are met by filing this Letter of Closure forrecordation in the Transylvania
County Deed Registry.
Whenever the property or any part of the 27 .603 acres where the landfill is located is sold, leased,
conveyed or transferred, the deed or other instnnnent of transfer shall contain in the description
section in no smaller type than that used in the body of th, deed or instrument a statement that
the property has been used as an unlined landfill for the disposal of industrial waste (coal fly ash)
and closed under the North·Carolina Solid Waste Management Statutes and Rules, that future use
of the property is restricted by the Solid Waste Section of the North Carolina Division of Waste
Management, Department of Environment and Natural Resources, and a reference by book and
page number to this recorded Letter of Closure and reference to Plat recorded at Plat File _ 12_,
Slide _504_. Said statements shall be included on all future deeds or other instruments of
transfer in order to notify in perpetuity any potential purchasers, lessees or other grantees 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 Solid Waste Section of the
Division of Waste Management, and the Letter of Closure and Land Use Restrictions
issued by the Solid Waste Section on December _t 4_, 2007, recorded at
Book__, Page __ of the Transylvania County Registry.
( c) The owner of record of the property is required to send an annual letter to the Solid
Waste Section of the Division of Waste Management, N.C. Department of
Environment and Natural Resources on the anniversary date of this Closure Letter.
Toe letter, signed and notarized by the owner or owners of the property shall confinn
that this Closure Letter is still recorded· in the Transylvania County D~ Registry and
that activities and conditions at the property remain in compliance with the land use
restrictions herein.
(2) 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, Ecusta Real.Estate l, LLC. The
certified copy affixed with the Register,s seal and the date, book, and page nwnber of the
recording shall be retwned to the Solid Waste Section.
IV. POST-CLOSURE USES and PERPETUAL LAND USE RESTRICTIONS
Any post-closure use of the property depicted on the Plat recorded at Plat File 12 , Slide
_504_ in the Transylvania County Registry must be approved by the Solid Waste Section of the
Division of Waste Management of the North Carolina Department of Environment and Natural
Resources ("DENR''), or its successor Agency. Due to the history of instability of the coal fly ash in the
landfill, public access to the property is to be prevented. Any proposal for post-closure use shall be
accompanied by appropriate engineering studies and docwnentation prepared and sealed by a
professional engineer licensed to practice in the State of North Carolina. Post-cloSW'e use of the
property shall not disturb the integrity of the landfill cover system, the erosion control systems, the
Book 440 Page 620
Facility Permit No: 88-01
P.H.GLATFEL TEA INDUSTRIAL LANDFILL
Letter of Closure
December 14, 2007
Doc: Id No: RC03557
Page8of11
landfill dewatering and leachate treatment systems, the stonnwater collection and management systems,
or the function of the ground and surface water monitoring systems.
PERPETUAL LAND USE RESTRICTIONS
For the purpose of protecting public health, safety and the environment, the current landowner
Ecusta Real Estate 1, LLC hereby declares that allreal property depicted on the Plat recorded at Plat File
_· 12_, Slide _504__ shall be held, sold, conveyed or otherwise transferred, or leased, subject to the
following perpetual land use restrictions, which shall run with the land; shall be binding on all parties
having any right, title or interest in the landfill facility site or any part thereof, their heirs, successors and
assigns; a.lid shall, as provided in N.C.G.S. 1438-279.09, be enforceable by both the Department of
Environment and Natural Resources ( or its successor) and a unit oflocal government having jurisdiction
over any part of the site, without regard to lack of privity of estate or contract, lack of benefit to
particular land, or lack of any property interest in particular land. These restrictions shall continue in
perpetuity and cannot be amended or canceled unless and until the Transylvania County Register of
Deeds receives and records a written Notice from the Secretary of DENR or his delegate that the Land
Use Restrictions have been amended or canceled.
1. The real property shall not be developed or utilized for residential, commercial, industrial,
institutional, agricultural or recreational purposes.
2. There shall be no above-or below-ground ponstruction or improvements on the property, including,
but not limited to, utilities, roads, parking lots and sidewalks, except for any construction and
improvements which are approved by the Solid Waste Section as part of an approved closure, post-
closure and/ or remediation plan.
3. No surface or subsurface native or fill earthen materials may be removed from the property without
the written pennission of the Solid Waste Section or its successor in function. There shall be no
alteration, disturbance or removal of the existing soil, landscape and contours, other than the approved
erosion control measures, unless approved by the Solid Waste Section as part of an approved closure,
post-closure, or remediation plan.
4. The property shall not be used for animal grazing, kennels, animal shelters or pens, riding clubs or
trail rides.
5. Hunting, fishing, and camping on the property are prohibited. Firing ranges are prohibited.
6. The property shall not be used for sporting activities of any kind, including, but not limited to, golf,
football, basketball, soccer, and baseball.
7. On and off-road vehicular use on the property is prohibited, except in connection with maintenance,
monitoring, and remediation of the site as provided by this Closure Letter and a landfill closure, post-
closure and/ or remediation plan which has been approved by the Solid Waste Section.
Book 440 Page 621
8. The property shall not be used for timber production or logging.
Facility PennH No: 88-01
P.H.GLATFEL TEA INDUSTRIAL LANDFILL
Letter of Closure
December 14, 2007
Doc Id No: AC03557
Page 9of 11
9. The property shall not be used for mining, extraction of coal, oil, gas or any other minerals or non~
mineral substances.
10. Any surface or underground water shall not be used for any purpose. The installation of
groundwater wells or other devices for access to groundwater for any purpose other than monitoring
groundwater quality or remediation of groundwa~ contamination in accordance with a monitoring or
remediation plan approved by the Solid Waste Section is prohibited.
11. Vehi.cles, mobile offices, and any other machinery or equipment shall not be parked or stored on the
property unless th~y are necessary to implement a closure, post~losure and I or remediation plan
approved by the Solid Waste Section.
12. Solid waste, junked vehicles; mobile homes, appliances and other materials, including waste
materials, recyclable materials and virgin materials, shall not be located, disposed or stored on the
property.
13. Public access to the property shall be prevented. Gates, fences and/ or any other devices to prevent
public access shall be maintained
14. There shal1 be no removal or disturbance of solid waste disposed in the Landfill, unless specifically
approved by the Solid Waste Section as part of an-approved remediation plan.
15. Enhancement of the landfill cap is part of the approved Closme and remediation plan. The landfill
final cover shall be maintained and shall not be disturbed. Mowing of grass by the Owner/ Operator as
required by this Closure Letter is allowed.
16. The property may be used for any closure and post-closure care activities and remedial investigation
and remedial action activities required and approved by the Solid Waste Section or its successors in
function, including the activities required to be performed by the Owner/ Operator in accordance with
Section Il of this Closure Letter.
17. Activities necessary to maintain the security of the Site, prevent human exposure to contaminated
materials and water, to prevent erosion at the Site and to maintain the structural stability of the landfill
are permitted, if approved in writing in advance by the Solid Waste Section or its successor in function.
18. All other uses and activities at the property are prohibited.
19. Ecusta Real Estate 1, LLC and each ~ive owner of record and lessee of the property shall
protect access to the property for pwposes of all closure, post-closure, investigation and remediation
activities, as approved by the Solid Waste Section, to be performed by P.H. Glatfelta Conlpany. Ecusta
Real Estate 1, LLC, and each successive owner and lessee of the property shall grant the Division of
Book 440 Page 622
Facility Pennlt No: 88-01
P.H.GLATFEL TEA INDUSTRIAL LANDFILL
Letter of Closure
December 14, 2007
Doc Id No: AC03557
Page 10of 11
Waste Management or its successor in function access to the property upon request.for inspections and
monitoring, including but not limited to, sampling of groundwater and surface water.
20. Ecusta Real Estate 1, LLC and each successive owner of record and lessee of the property shall
allow access to the property by any person who is conducting closure and post-closure activities,
environmental assessment activities, or remediation activities at the direction of, or pursuant to a permit
or order issued by, the Division of Waste Management, or its successor in function. Ecusta Real Estate 1,
LLC and each successive owner of record and lessee of the property shall allow access to the property by
any person who is involved in determining compliance with applicable land use restrictions, for the
purpose of conducting such activities.
21. Annually on or before the anniversary date of the recordation of this Closure Letter and Land Use
Restrictions, the owner of the real property shall submit a letter report containing the notarized signature
of the owner, to the Solid Waste Section or its successor in function, confirming that this Letter is still
recorded in the Transylvania Cowity Deed Registty and that activities and conditions at the Site remain
in compliance with the land use restrictions herein.
ENFORCEMENT
The above land use restrictions are an integral part of the closure, post-closure and remedial action plan
for the landfill, and are necessary for maintenance of the structural stability of the landfill, prevention of
human injury and property damage, and prevention of human exposure to harmful substances.
Adherence to the restrictions is necessary to protect public health, safety and the environment. These
land use restrictions shall be maintained and enforced by every owner, operator, lessee and any other
party having control or responsibility for all or any part of the property. The above land use restrictions
may also be enforced by the Department of Environment and Natural Resources or its successor in
function through the remedies provided in N.C.G.S. Chapter 130A, Article I, Part 2 or by means of a
civil action, and may also be enforced by any unit of local government having jurisdiction over any part
of the property, as provided in N.C.G.S. 143B-279.9. Failure by any party required or authorized to
enforce any of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter
as to the same violation or as a violation occurring prior or subsequent thereto .
... . . . . , ... , ........ , ...... ---, .... -............................ -.. ---···"·····~· .. -·-"-~ ...... , .. ____ . .,. ...... ~ ......................... -~-···· ... ~.--... -· .... , ...... ··-· ........... .
'
Book 440 Page 623 1ciiityl>ermit No: 88-01 ... . . . .... · ··.·: o:t"63~o : .... 67.U Exhibit "A"
un..u· a:..ufER INDUSTRI.AI; LANDFILL
Letter of Closure
December·l4. 2007
Doc Id No: RC03557
Page 11 of 11 BOUNDARY DISCRIPTION
8rown No. 2 Ash Landfill
P.H. Glatfelter Co. -£custa Division
Lying within Brevard Township; Transylvania County, North
Carolina and being a po:rtion of Parcel One of the E~usta
Corporation -pl:'bperty as desorj ~ed in Deed Book 2 77 , . Page 6 51 ;
also being a pol"tion of Tx-actl-2 as shown on that certain plat
entitled Sheet 2 of 3., Boundary Survey, Olin Corporation and
recorded in Plat Cabinet 2, Slide 371 of. the Transylvania
Regist~y and being more· particularly described as follows:
BEGINNING on a concrete monument, the southeast corner of
the Mackey Estate Subdivision as sl"lown on Plat Book·l, Page
10, said monwnent being Co~ner Number 46 of the aforementioned
plat ·of the Olin Co~poration Boundary;
Thence from said beginning with the Eousta Corporation boundary
and with Tl'act 1-2 of Plat Cabinet 2, Slide 371 N 19° 04' 00° E,
496.90 feet to·a concrete monument, Corner #47;
Thence N 19° 03 1 58 11 E, 16.50 feet to a concrete monument,
Corner #48;
Thence N 19° 04' 00" E,' 59"7.lf8 feet to an il:'on rod, said
iron rod'·stands S 13'0 17' 0911 E, 3091. 77 feet from NCGS
Monument Blackwood;
Thence from said iJ:'On rod, leaving the Ecusta Corporation
boundary, a new line S 70° 53' 53" t·, 908. 79 feet to a concrete
monument in the Ecusta Corporation boundary, Corner No. 54 ·
of Tl-act l-2 of Plat Cabinet 2 ,. Slide 371, also being the
southwest corner of ·the Monteith property described in Deed
Book .276·, Page !Jl; ....
. .
Thence with the Ecusta and Monteith boundary S 82° 27 1 04" E
128.24 feet to an iron rod;·
Thence leaving the Monteith and Ecusta boundaries three new
lines as follows: S llf0 SS' 31·11 W 1 1009. 50 feet to an iron
rod; ......
Thence N 84° 31f' 31" W, -1139.49 feet to an iron rod;
Thence N 19° OIJ 1 00 11 E, 139,70 feet to the Point of Beginning.
Containing 27.60 acres •
. .,, ..... ,, .·,,•-... ·~··-~ ·"•,·••• ···~•··-... --·· "• .,,.,,, •••• , .. , ., .•.. ,,.,...,._.. ,··;.,f;,,.,:.-.···-.·-,•,•,,. .. ·-· ·--·•·· ,,,.~.,~ ,,. ·-·-·~·• , • " .• .,.,.,· r···· ... , ;,,, ...... ., .. •·,•1·11••·"' • ··
. ·. Book 440 Page 624
PRESENTED FOR RECORDING BY:
North Carolina
J"(M~\Q..-County
ECUSTA REAL ESTATE 1, LLC,
a North Carolina limited liability company
By: Ecusta Business Development Center,
LLC, its sole member
Br.~~..,._(24-i-..~.__~~~~~~~~~~-
Ro~ Petit,Manager of Ecusta
Business Development Center, LLC
I, E \,:zobetb a. \JJ \se-• Notary Public for :Buncombe.
County, North Carolina, do hereby certify that Roger Petit, Managing Member of Ecusta
Business Development Center, LLC, 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 sign legal documents on behalf of Ecusta
Business Development Center, LLC.
Witness my hand and official seal,
This the · \9 day of December, 2007.
ARY PUBLIC
My commission expires ~. tAS ,20..o..&_.
Note t. Rqister of Deeds: TJab certified original permit dlllll lie rmmled by tu Register of Deeds and ladued In tlle grantor
index under tile name of tJae l•nd offller, The Cfftifled origluJ •fflnd wltla the Register'• ..a a11d tile date. 1-lr, and pap
number of recordinJ oaD be retllraed to tlle Permlttiag BnBCh S•pervhor, Divillion ofW.ute Managemeot, Solid Wute
Sectloa, 1646 Mail Service Ce11ter, RaWgli. NC 27699-1'46.
Page 2 of 2 -Certification
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LEGEND:
PIN "' FCM
TAX PARCEi. IDENTIFICATION NUMBER FOUNO REBAR FOUNO CONCRETE: MONUMENT CALCULATED POINT
NOTTO~ >--..,~ ./~ ~ I I/<? I I I I /' ,.--"'-I (:::~,.-:~;...·;. ·:~·"°::·-:-;:~(;.:...,.
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-:// (SEENOTEl8) ://// ,.</'-' / f ..._ j 1.-:>1t."t ,.-.f.·.? ~::; o~ ~~~t ~{1!1 ~g I ~
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SURFACE WAJ'ER SAMPLING LOc.1.noN euow
ECUSTA REAL EsTATE l, Ll.C (00cUMENT B0oK T 8J, PAGE 742) PI...AT Fil£ 2. SUD£ J71 PIN: 8596-89-6077
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} f~'/~ § SPECIAL Fl.ooo HAZARD ZoN .. ~210a......., I p~ -··-;., / .... ...... i \ ·1i /' I I j,. I 1 /1 1"' I :.</ /lf.11 ;::__ (SEfNoTE/a) E :.,\£" / d"' /_,,.-\ j k.f" I I I I;; I/ I ~-]
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N .. 56gg45_.39 ~ -/ .. , c------:..._-::......--=--_ _ ----n° (SQ HAZARo zoNE .. A(.. .1 ,.-:1° :::, ..... 1 1 "' r.:\ TH£ Ne GRlo COOROIN4TES SHOWN ON
E-897466.87 _ _,_:;----'------ --:.=-2,W.:.:...----··-{ 1:1 '----_NOTE #S) \. /;~~ / 1"' { ::] \ \ ~ I ~ (-'~ THIS PlAT WERE 0£Rll.'m BY STATIC GS. 47-JO f(11) d. ....._....._______ .m ~ ----..:·:=-..:·T·· \-·-\ :1 /-:J~ / ,;-\ \ \ l (·.\ OIFFEREN'llAL CPS OBSERvATlONS USING ~1:'i1~;!n,E;::. -~---~ · --=--~-=:,;.--.=--:.:;~1L.-:::::~;:;~;_:i:.~~-----:_·,~~::ii'l .;~:: ~ , ,, ;., f=Z"=~AO-
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~R: "..!:~T ~~ :,~=~ ':: . (~ SEAL 1-\ . 0 ECUSTA RfAL ESTA?E 1 i:=~;~ ~ 15~ "': 8~~~ Pl'M.
Pl.ATS REFERENCED ~N: "THAT lHts PlAT WAS :.,;. L·2975 ..Js.: : ( ~t~ lOOf< 7BJ. PAGELL~42J ~8 <S rn~ u.a,rn~ ~n, ~~ WITH CS. '47-JO AS AMENOED. • ··~c ~----_: PIN· l£ 2. SLIDE J7T -, ~ , f1 1 UN--AOJIJSTU) VECTORS PASSING ~ D "' ",. J2'/ l2,/o7 ·--.:~;~~\:·~-~~-··· · SS9s-s9-son · ·-.._ ... . ~=;.,,~:On~~~
PRECISION Of 1:2,708,918.
CP NTS NAO IICCS 0/A @
NOTES:
NORTH AMERICAN DATUM NORTH CAROUNA. GRID SYSTEM
OV[AAU.
MONITORING WEll.
1) PAFmAI. SURV£Y PERFORMED ON AUGUST 19. 2005; ORIGINAL SURVEY DONE BY HAMPTON. HINTZ ond ASSOC •• INC.; JOB NO. 89-125-300, AS SHOWN ON AN UNRECOROED PlAT
DATED AUGUST 23. 1990. 2) ARf.A: 27.603 11.CRES (BY COORO!W.TE COMPUTATION)
3) 0£ED Rti'ERENCE: DOCUMENT BOOK 163, PAGE 742.
") Pl.AT REFERENCE: Pl.AT Fa..E 2. SLIDE J71; UNRECOROED PlAT BY H,t,MPTON, HINTZ ond ASSOC •• lf,IC. OAlcD S) PIN: 8596-8s-60n (PORTION}
6) THIS SURVEY WK:, DONE WITHOUT THE BENEm Of A Tm.E SEARCH. TI-IUS lHIS PROPERTY IS SUBJECT TO AU. RIGHT-or-WAYS;
COVEN,INTS; EASEMENTS: ANO RESmlCTIONS Of RECORD BOTH
SHOWN ANO NOT SHOWN HEREON.
7) THIS PLA.T REPRESOfrS A PNmt.L BOUNOAAY SURVEY OF THE BROWN NO. 2 PARCEL 8} Fl.OOD HAZARD BOUNDARIES SHOWN HEREON WERE PLOTTED
FROM A OIGJTAL DRAWING Of F.1.R.M. MAP NUMB(R 37175C011" C 9) THIS PARCEL Of LANO ts PART OF TRACT 1-2 SHOWN ON A PlAT
RECORDED IN PlAT Fil£ 2. SUDE 371. THIS 9ROwN NO. 2 ASH
LANDAU. BOUNDARY IS NOT TO 8E CONSIDERED A SEPARA1't TRACT OF LANO BUT REMAINS AN INTEGRAL PART Of TRACr 1-2.
10) NOT AU. IMPROVEMENTS ARE SHOWN ON THIS Pl.AT.
FLOOD CERTIFICATION:
WESTERLY PORTIONS Of THIS PROPERTY ARE LOCAn:D IN
SPECIAL Fl.000 ~o ZONE ·c BASE FL.000 EL.£VATIONS ANO Fl..000 HAZARD FACTORS HAVE B&N DETERMINED BY
H.U.O. FOR THIS AREA; OTHER PORr\O+lS ARE LOCATED IN
Fl..000 AREA X WHICH ARE AREAS Of :500 '1£AA FlOOO, ~ OF 100 YEAR FlOOO Wfn-1 AVERAGE OEPTHS Of LESS
1rlAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE
Mil.£. ANO AREAS PROT(C;Tm BY LEVEES FROM • 100 YEAR Fl..000.
SEE NOTE f8 N301/E.
lHIS lNFORW.TION HAS NOT SEEN AEI.D VERlf1ED BY ME.
BOUNDARY PLAT D'TE AEl.D RECORDS ORAWING NUMBER
BrownNo2.dwg """"""'"' HAFLER LAND SURVEYING A 427 S. CALOWEl.L STREET
BREVARO. NORTH CAROLINA 28712
(828) 8"4-7168 n,x(828)1!84-U46
Property Situate in
BREVARD TOWNSHIP
TRANSYLVANIA COUNTY
NORTH CAROLINA
of BROWN No. 2 ASH LANDFILL
prepared for
ECUSTA REAL ESTATE 1 LLC
~:S/24/07:odd6~ ..... 2,Ul'focewcrt..-
-FEBRUARY2!°" 2007 ... ..., DATA COLLECTOR
100 0 100 200 300 ~-"•Y• I GRAPHIC SCALE -FEET WRIITEN SCALE: 1 "= 1 oo'
COORO!NA.1't f1l.£
Pn04132.crd
PROJECT NUMBER
07026