HomeMy WebLinkAbout4304_PTC_20050414G�Ila
a
NCDENR
North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor
April 14, 2005 William G. Ross Jr., Secretary
Mr. Thomas Womble, President
" 'i
Central Carolina Holdings LLC
d/b/a Central Carolina Tire Disposal
1616 McKoy Town Road b
Cameron, North Carolina 28326
R Permit No. 43-04
Central Carolina Tire Monofill
ndment #5: PER ONSTRUCT PHASE III - CELL 3A
Dear Mr. Womble:
The enclosed renewed Permit to Construct for the referenced facility is approved in
accordance with G.S. 130A-294, subject to the Conditions of Permit. This permit is for the
construction of Phase III - Cell 3A consistent with the approved plans in the CENTRAL
CAROLINA TIRE PHASE III SCRAP TIRE MONOFILL LANDFILL application document
dated 22 October 2004, revised version dated 15 March 2005 by Withers.& Ravenel. This
Permit to Construct is for Cell 3A only and related infrastructure for Cell 3A operation.
Upon construction completion of Cell 3A; the project engineer shall provide a certification
that Phase III/Cell 3A was construct in accordance with the approved plans in the
referenced document and shall submit the certification prior to receiving a Permit to
Operate.
On July 9, 1991, House Bill 1109 added a new section to the N.C. Solid Waste
Management Act, 130A-309.09D, defining the responsibilities of owners and operators of
privately -owned municipal solid waste management facilities. Specifically,
owners/operators of such facilities shall operate the facility in a manner consistent with the
State Solid Waste Management Plan and the solid waste management plans that have
been adopted by those units of local government served by the facility and approved by
the Department. The Solid Waste Section is currently developing rules to implement the
provisions contained in HB 1109, including the applicability of these plans to the operation
of a privately -owned facility. Following adoption of the forthcoming rules, modifications,
if applicable, may be required to ensure that this facility operates in accordance with the
rules.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: 919-508-8400 \ FAX: 919-733-4810 \ Internet http://wastenotnc.org
An Equal Opportunity /Affirmative Action Employer —Printed on Dual Purpose Recycled Paper
I
Mr. Womble
Page 2
April 14, 2005
Please note Condition No. 2 in the Conditions of Permit section. Condition No. 2 concerns
recordation of the permit. This condition states that this permit shall not be effective
unless the certified copy is filed in the Register of Deeds Office, in the grantor index under
the name of the owner of the land in the county in which the land is located. After
recordation, the certified copy shall be returned to the Solid Waste Branch and shall have
indicated on it the page and book number, date or recordation, and Register's seal.
If you have any questions contact Mr. Dennis Shackelford at (910) 486-1541 or Jim Barber
at (919) 508-8495.
Sincerely
Permitting
rbe
Branch Supervisor
Solid Waste Section
Division of Waste Management
cc: Jim Coffey
ohn Crowder
Dennis Shackelford
Central File - Harnett - Permit file - 43-04
Withers & Ravenel: Vance Moore
NCDENR
North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor
William G. Ross Jr., Secretary
PERMIT NUMBER: 43-04
DATE ISSUED: 03/16/92
DATE AMENDED #4(pto/cell 2): 07/30/02
DATE AMENDED #5(ptc/cell 3A):04/14/05
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
1646 MAIL SERVICE CENTER; RALEIGH, N.C. 27699-1646
SOLID WASTE PERMIT
CENTRAL CAROLINA HOLDINGS, LLC (OWNER)
d/b/a CENTRAL CAROLINA TIRE DISPOSAL
is hereby issued a
PERMIT TO CONSTRUCT
PHASE III - CELL 3A
of a Tire Monofill - Landfill Facility
located on dead-end S.R. 1105, 1616 McKoy Town Road, Cameron, Harnett County, North
Carolina in accordance with Article 9, Chapter 130A, of the General Statutes of North
Carolina and all rules promulgated thereunder and subject to the conditions set forth in this
permit. The facility is located and described by the legal description of the site in the deed
recorded in BOOK: 1434 AND PAGES: 0541 - .0542 and said site is further defined by
plat map recorded in Harnett County Courthouse as MAP NO. 2000-415.
J mes C. Coffey
ection Chief
Solid Waste Section
Division of Waste Management
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: 919-508-84001 FAX: 919-733-48101 Internet http://wastenotnc.org
An Equal Opportunity /Affirmative Action Employer— Printed on Dual Purpose Recycled Paper
°I00120 71
WUIETT c008rr 9c
08/19/2000
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$6000.00
Real Estate
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Excise Tex
HLUEST 60021rr Ii0
Book
1434
Pages
0541-0542
ante
08/16/2000
2 9Ssa19)
9:99 as
91l019atir e.
aeglstsr Of
waion,
Deeds
Tax Lot No. Parcel IdentifferNo.: 47"r °r' o9.gs's�-
Verified by County on the_, day of 2000
by
Mail after recording to Chicago Title Insurance Company, One Exchange Plaza, Suite 707,
Raleigh, NC 27601, Attention: Deborah Hester
This instrument was prepared by Bain & McRae, Attorney, P.O. Box 99, Lillfngton, NC 27546
BriefDescription for the index
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this day of August, 2000 by and between
Diane Thomas Womble and husband,
Thomas A. Womble
2616 McKoy Town Road
Cameron, NC 28326
Central Carolina Holdings LLC
1616 McKoy Town Road
Cameron, NC 29326
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors,
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETR that the Grantor, in consideration for Three Million Dollars ($3,000,000) paid by the
Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain,
sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in
Johnsonville Township, Harnett County, North Carolina and more particularly described as follows: .
All of Tract 1, containing 255.46 acres, more or less, and designated Tract No. 1 on that certain
plat of survey prepared by Bennett Surveys, Inc., dated June 19, 2000 and which appears of
record at Map No. 2000-397, as revised by that certain plat of survey prepared by Bennett
Surveys, Inc., dated June 29, 2000 In the office of the Harnett County Register of Deeds.
Reference to said plats is hereby made for a greater certainty of description.
This is a portion of the 300-acre tract of land conveyed to Diane T. Womble and which appears
of record in Deed Book 923, Page 651, Harnett County Registry.
The property bereinabove described was acquired by Grantor by instrument recorded in Book 923,
Page 651, Harnett County Registry. '
A map showing the above -described property is recorded at Map No. 2000-415, Barnett County
Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
X-37c420.t
541
4
j
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has
"? the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all
5 persons whomsoever except for the exceptions hereinafter stated.
Title to the propertyhareinabove described is subject to the following exceptions:
Subject to roadway and utility easements appearing ofrecord.
IN Wf1NESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused
this instrument to be signed in its corporate name by its duly authorized officers and its seal to be
' hereunto affixed by authority of its Board of Directors, the day and year first above written.
///Ls.. �f��s— �_(Si�)
(Corporate Name) DraneT. Wo blel,�1�
By YV F? (SEAL)
Thomas A. Womble
President
(SEAL)
ATTEST:11' ��t qO yq
fI�EDNDATEOY)i of oo ,HF y:la/A'R%SEAL)
BOOK MCf j.s
Secretary (Corporate Seal) REGISTER Of DEEDS
KfMBERLY S. HARGFOp T
SEAL -STAMP NORTH CAROLINA, Barnett County.
I, a Notary public of the County and State aforesaid,.certify that Diane T. Womble
and husband, Thomas A. Womble, personally appeared before me this day and
acknowledged the execution of the foregoinyo� instrument Witness my hand and .
official stamp or seal, this day of /�/ UU 21Qo0.
° N61hk9d'pljfipt�g� Aires:/z/3/Lea3
K4RNETT COUNTY. NC No Publi
My Cammk4on f
SEAL -STAMP NORTH CAROLINA, Harnett County.
I, a Notary Public of the County and State aforesaid, certify that
personally came before me this day and acknowledged that he/she is Secretary
of a North Carolina corporation, and that by authority duly
given and as the act of the corporation, the foregoing instrument was signed in its
name by its President, sealed with its corporate seal and attested by him/her as
its _ Secretary. Witness my hand and official stamp or seal, this _ day of
2000.
My commission expires:
NotaryPublic
The foregoing Certificate(s) of B�•}h L , �bha6mn Arita/y. p,F {}RSA 'i� /A' un.iu
is/are certified to be correct. This instrument and this cerhffcate are duly registered at the date and i
ri
the Book and Page shown on the fast page hereof.
Kimberly S. HgMove REGISTER OF DEEDS FOR Hamett COUNTY
By �40 '^ D� /Assistant -Register of Deeds.
5
.542
.. tL.:
SOLID WASTE PERMIT
CONDITIONS OF PERMIT:
1. This permit will be subject to review every five years as per 15A NCAC 13B
.0201(c), according to the issuance date of the most recent permit to operate, on
or before 21 AUGUST 2006. This permit is for the continued operation of Phase
1 area and Phase II area, along with the construction of PHASE III - CELL 3A.
2. This permit shall not be effective unless the certified copy is filed in the Register of
Deeds Office, in the grantor index under the name of the owner of the land in the
county in which the land is located. After recordation, the certified copy shall be
returned to the Solid Waste Branch and shall have indicated on it the page and
book number, date of recordation, and Register's seal.
3. When this property is sold, leased, conveyed or transferred, the deed or other
instrument of transfer shall contain in the description section in no smaller type than
that used in the body of the deed or instrument a statement that the property has
been used as a sanitary landfill.
4. This solid waste disposal site is permitted to receive scrap tires only. The service
area for this facility shall be consistent with the franchise issued by the Harnett
County Board of Commissioners dated 5 August 2002 for the following area: the
State of North Carolina. The disposal capacity for existing PHASE II and proposed
PHASE III - CELL 3A is approximately 653,760 cubic yards or approximately
261,504 tons (page 1-5, section 1.4.2.2 5 - Year Phases), consistent with the
contours shown on Sheet No. 4 (Phase 3B Base Grades and Phase 3A Tire Fill
Grades) and Sheet No. 9 (LANDFILL SECTIONS) in the construction application.
This capacity is based calculations in the proposed construction plan, with a
maximum variance in accordance with GS 130A-294(bl)(1).
5. This permit is not transferable.
6. All future necessary maintenance and closure activity shall be the responsibility of
CENTRAL CAROLINA HOLDINGS, LLC the permittee. Necessary maintenance will
be specified in the closure letter at the time of closure.
7. Out-of-state tire disposal is subject to the requirements of 15A NCAC 13B
.0108(a)(1) and .1108(c).
CONSTRUCTION AND OPERATION PLANS
8. This permit is for operation, according to the plans dated 1 March 1996 and plan
sheet 1 of 1 dated 13 March 2001, for Phase I & II and is subject to the following
conditions:
E-
a. Operation is approved for Phase I & II.
b. The facility can operate as shown of sheets C3.2, C3.3 and C3.4, of the approved
plans dated 1 March 1996 and approved 20 March 1996.
C. A closure and post -closure plan must be submitted to the Solid Waste Section for
approval at least 90 days prior to closure or partial closure.
d. Final cover for the landfill shall be approved in the closure plan and, and at a
minimum, shall utilize the least permeable soils to minimize surface water infiltration
and maintenance.
Also, this permit is for the construction of the PHASE III - CELL 3A landfill unit
in accordance with Sheet No. 3 (PHASE 3A SITE GRADING AND EROSION &
SEDIMENTATION CONTROL PLAN, dated 15 March 2005). Prior to placing
waste in areas of PHASE III - CELL 3A, consistent with the above mentioned
drawing, certification that PHASE III - CELL 3A has been constructed and
graded in accordance with the approved plans will be required. Additional
conditions and revisions of the approved plans shall be approved by the
North Carolina Solid Waste Branch.
9. The following requirements shall be met prior to receiving scrap tires at the site in
the completed PHASE III - CELL 3A area:
a. Site preparation shall be in accordance with the construction plan and the
conditions specified herein and construction of the remaining undisturbed footprint
of PHASE III - CELL 3A shall be certified by the Design Engineer to be constructed
in accordance with the approved plans and certification submitted to the Solid
Waste Section.
b. Site inspection shall be made by a representative of DENR.
C. All monitoring wells required for PHASE III - CELL 3A shall be installed and
sampled prior to waste being accepted.
d. For each monitoring well installed, a well construction record shall be submitted
along with the soil boring log for the well location.
e. Piezometer abandonedment records shall be submitted with the information
required in condition 9(d).
f. A revised groundwater and surface water monitoring plan shall be submitted, in
accordance with NCAC 13B .0600, for PHASE III - CELL 3A. With the revised
monitoring plan, provide a site as -built drawing indicating all monitoring wells and
surface water locations being samples. Also indicate the wells and piezometers
that are being used for groundwater elevation monitoring only.
10. This facility shall conform to all operating procedures described in the approved
plan, in accordance with Section .1108 of 15A NCAC 13B and as specified herein.
a. Tires shall be chopped or split, restricted to the smallest area feasible and
compacted as densely as practical into cells.
7
b. Tires shall be covered twice per week with at least 6" of suitable cover or more
frequently if necessary to prevent a public health nuisance or fire hazard. Areas
which are inactive for 3 months or more shall be covered with a minimum of 12" of
suitable cover. After six months of final termination of disposal activities or a major
part thereof, a minimum of 24" of suitable compacted earth shall be provided.
C. Adequate erosion control measures shall be practiced to minimize on -site erosion
and prevent off -site siltation.
d. Within six months after final termination of disposal operations at the site or a
major part thereof or upon revocation of a permit, the area shall be stabilized with
native grasses.
e. Temporary seeding will be utilized as necessary to stabilize the site.
f. Surface water shall be diverted from operational areas and not allowed to impound
over waste. All slopes shall be graded to promote run-off and minimize erosion.
g. A minimum separation distance of 4 feet between sliced/shredded tires and the
seasonal high ground water table shall be maintained in accordance with the
approved plan for PHASE III - CELL 3A. Tires shall not be disposed of in water.
h. Burning of tires is prohibited.
i. Equipment shall be maintained on -site to control fires.
j. Fires that occur at the tire monofill shall be reported to the Division within 24 hours
and a written notification shall be submitted within 15 days.
k. All pertinent tire monofill operating personnel shall receive training and supervision
necessary to properly operate this monofill.
I. The site shall be adequately secured by means of gates, chains, berms, fences,
and other security measures approved by the Division to prevent unauthorized
entry. A trained operator shall be on duty at all times while the facility is open to
ensure compliance with operational requirements.
M. Adequate measures must be taken to minimize dust problems, control noise, and
to operate in such a manner as not to create a nuisance or a potential public health
hazard.
11. A closure and post -closure plan shall be submitted for approval upon
commencement of the final lift. The plan must include all steps and measures
necessary to close and maintain the facility in accordance with all rules in effect at
that time. Final cover for the tire monofill shall be approved in the closure plan and,
at a minimum, shall utilize the least permeable soils to minimize surface water
infiltration and maintenance. These soils should be stockpiled at an approved
location for later application as final cover. This plan shall also include existing
contours, proposed final contours, estimated date of closure, and maintenance
requirements.
12. All sedimentation/erosion control activities will be conducted in accordance with the
Sedimentation Control Act (15A NCAC 4). See attached letter dated 17 February
2005 (Attachment 1) for the approval from the Land Quality Section. Modifications
as listed shall be incorporated into the plan.
MONITORING AND REPORTING REQUIREMENTS
13. Groundwater monitoring wells and monitoring requirements
8
a. Monitoring well design and construction shall conform to the specifications outlined
in "North Carolina Water Quality Monitoring Guidance Document for Solid Waste
Facilities.
b. For PHASE III - CELL 3A, the following groundwater monitoring wells will be
installed and included in the monitoring plan:
i. WRB-20 converted to MW-17;
ii. MW-16 (to be located midway between WRB-1 and WRB-2)
iii. MW-18 (to be located approximately 50'-70' northwest of WRB-7)
iv. MW-10 (background)
V. MW-11, MW-16, MW-17, MW-18
vi. MW-12 (water level measurement only)
vii. MW-13 (water level measurement only)
viii. MW-21 (water level measurement only)
ix. WRB-8S/8D (water level measurement only)
C. For each monitoring well constructed, a well completion record shall be submitted
to DWM with the revised groundwater and surface water monitoring plans in
accordance with NCAC 13B .0600 for PHASE III - CELL 3A.
d. Groundwater monitoring wells shall be constructed and sampled prior to the
acceptance of tires at the facility.
e. Sampling equipment, parameters, and procedures shall conform to specifications
outlined in "North Carolina Water Quality Monitoring Guidance
Document for Solid Waste Facilities" orthe current guidelines established by DWM
at the time of sampling.
f. The permittee shall sample the monitoring wells and surface water locations semi-
annually.
g. A readily accessible unobstructed path shall be initially cleared and maintained so
that four-wheel drive vehicles may access the monitoring wells at all times.
h. If necessary, the monitoring plan shall be modified as required by the Solid Waste
Section Hydrogeologist.
i. Monitoring for PHASE III - CELL 3A shall be in accordance with the Design
Hydrogeologic Report dated 22 October 2004, revised 15 March 2005.
j. Wells and piezometers shall be abandoned in accordance with "Well Construction
Standards" NCAC 2C, section .0113, except those wells/piezometers located
within a landfill footprint shall be overdrilled and grouted to the proposed
subgrade elevation. The following wells/piezmeters are to be abandoned:
i. WRB-4S/4D
ii. WRB-5
iii. WRB-7
iv. WRB-17
V. WRB-19
14. Downstream surface water monitoring location, SW-1, shall be located as illustrated
in the approved plan, as shown on Figure No. 6 in Design Hydrogeologic Report
dated 22 October 2004. Sampling equipment, parameters, and procedures shall
conform to specifications outlined in "North Carolina Water Quality Monitoring
Guidance Document for Solid Waste Facilities." Sampling frequency shall be semi-
annually, as stated in Condition 13(f) of this section.
0
15. The permittee shall maintain a record of all monitoring events and analytical data.
The permittee shall submit analytical data for sampling events to the Division of
Solid Waste Management. Data for all sampling events shall also be maintained
on site.
16. The permittee shall maintain a record of the amount of scrap tires received at the
facility, compiled on a monthly basis. Landfill scales shall be used to determine the
amount of waste received.
MONITORING AND REPORTING REQUIREMENTS
17. On or before 1 August 2005 (or at an earlier date as requested by the Division of
Solid Waste Management), and each year thereafter, the permittee shall report the
amount of scrap tires (in tons) received at this facility and disposed of in the landfills.
to the Solid Waste Section on forms prescribed by the Section and to Harnett
County. This report shall include the following information:
a. The reporting period shall be for the previous year, beginning July 1 and ending
June 30;
b. The amount of waste received and landfilled in tons compiled on a monthly basis,
according to Condition 16.
18. All records shall be maintained on -site and made available to the DWM upon
request.
19. Section .1102(b)(2) requires an annual fee of $250.00 be paid to the Solid Waste
Section; Division of Waste Management on or before July 1 of each year for a scrap
tire disposal site. Please mail payment to:
Mr. Ethan Brown
1646 Mail Service Center
Raleigh, N.C. 27699-1646.
(919) 508-8496
LIST OF ATTACHMENTS AND DOCUMENTS
Attachments
PHASE I APPLICATION:
1. Soil Erosion and Sediment Control Plan Approval
2. Groundwater Monitoring System Evaluation
3. Local Government Approval
4. Property Owner Affidavit Acknowledging Legal Obligations
5. N.C. Natural Heritage Program Biological Assessment Evaluation
6. N.C. Department of Cultural Resources Archaeological A s s e s s m e n t
Evaluation
7. County of Harnett Conditional Use Permit
8. (a)Photocopy of Deed: Book 942, pages 505 - 506
8. (b)Photocopy of Deed: Book 923, pages 651 - 652
PHASE II APPLICATION:
9. Land Use Permit(2 Pages) dated 6 December 1995.
10. Coordinates and Elevations for two site control points, letter dated
2 May 1995.
11. 401 Water Quality Certification, letter dated 25 March 1995.
12. ACTION I.D. #1995022781 and Nationwide Permit #26, letter dated
26 June 1995.
13. Letter dated 31 July 1995 from Solid Waste Section Hydrogeologist.
14. Letter dated 20 September 1996 from Richard R. Rust, addressing the construction
of segment 1 of Phase II.
Documents
PHASE I APPLICATION:
1. Construction Plans: Sheets 1 - 10
2. Survey Map of Tract 1 and Tract 2
3. Aerial Photograph Showing Surrounding Features Within '% mile of the site
4. On -Site Operations Manual
5. Geotechnical Report
6. Archaeological Survey
7. Biological Assessment
PHASE II APPLICATION:
8. Hydrogeologic Investigation and Groundwater Monitoring Plan for Permit
Modification, dated 18 July 1995, and accompanying plan sheet 1 of 1 dated 12
June 1995.
11
PHASE II APPLICATION CONT.:
9. Application letter for modification to Tire Monofill Permit 43-04 dated 28 November
1995.
10. Wetland survey map dated January 1995.
11. Central Carolina Tire Monofill Phase II drawings C0.1 thru C8.1.
12. Request and authorization to relocate the upgradient monitoring well, MWA, with
a new well, MW-9, by letter dated 2 April 2001 from Bobby Lutfy.
13. Permit Renewal submittal dated 27 March 2001, with calculations and as -built
conditions as of year 2001.
14. Letters dated 29 August 2001, 9 November 2001, 20 March 2002, 26 July 2002 and
phase drawing dated 26 July 2002 that address the areas excavated in Phase II
that are prepared consistent with the approved plans and ready to receive tire
shreds.
PHASE III APPLICATION:
1. Site Suitability application for PHASE III: Central Carolina Tire Phase III Scrap Tire
Monofill Landfill - Site Application - prepared for Central Carolina Holdings, LLC;
1616 McKoy Town Road;Cameron, North Carolina 28326 dated 9 February 2004,
received 23 February 2004. W&R project No. 202334.01.
2.. Application for CENTRAL CAROLINA TIRE PHASE III SCRAP TIRE MONOFILL
LANDFILL for Permit 43-04 dated 22 October 2004, revised 15 March 2005,
application for a Permit to Construct Phase III - Cell 3A.
12