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HomeMy WebLinkAbout71A_RunningDeerLCID_PTC_PTO_DIN26800_2016 Permit No: 71A-LCID Running Deer LCID Landfill October 10, 2016 Doc ID 26800 Page 1 of 8 North Carolina Department of Environmental Quality Division of Waste Management Pat McCrory Donald R. Van Der Vaart Governor Secretary State of North Carolina | Environmental Quality | Waste Management 1646 Mail Service Center | 217 West Jones Street | Raleigh, NC 27699-1646 919 707 8200 T STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WASTE MANAGEMENT - SOLID WASTE SECTION LAND CLEARING & INERT DEBRIS (LCID) LANDFILL Permit No. 71A-LCID Clyde Wisecarver (owner, operator, landowner) is hereby issued a PERMIT TO CONSTRUCT Section E and a PERMIT TO OPERATE SECTIONS A, B, C, AND E OF RUNNING DEER LCID Located east of NC Highway 210 and north of Running Deer Subdivision in Rocky Point, Topsail Township, Pender 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 legal description of the site is identified on the deeds recorded for this property listed in Attachment No. 1 of this permit. _______________________________ Edward F. Mussler III, PE Permitting Branch Supervisor Solid Waste Section Division of Waste Management Permit No: 71A-LCID Running Deer LCID Landfill October 10, 2016 Doc ID 26800 Page 2 of 8 ATTACHMENT 1 PART I: PERMITTING HISTORY Permit Issuance Date Doc ID Date of Original Issuance – Sections A, B, C December 20, 1996 na Permit to Operate Renewal & PTC for Section D August 17, 1998 26797 Permit to Operate (Amendment) July 15, 2010 11137 Permit to Operate (Amendment) & Permit to Construct Section E October 10, 2016 26800 Running Deer LCID landfill began operations in late 1996 after the Solid Waste Section’s issuance of the initial Permit to Construct & Operate. Mr. Clyde Wisecarver was the original owner and operator, operating as C&N Backhoe Inc. In 1998 a new permit was issued for an expansion to include Section D in August 1998. In November 2005, ownership of the landfill changed from Mr. Wisecarver to Mr. Chuck Hillenbrand, operating as Running Deer LLC. On April 19, 2013, Mr. Wisecarver re-acquired full ownership of the landfill properties and landfill operations from Running Deer LLC. PART II: LIST OF DOCUMENTS FOR APPROVED PLAN 1. NC Land Clearing Inert Debris Landfill Application for Running Deer Landfill, prepared by Right Angle Engineering PC – Sept 22, 2014 (revised October 6, 2016). DIN 26803. 2. Pender County Special Use Permit: Documentation of valid special use approval from Pender County. October 3, 2016. DIN 26798. 3. Historical Information: List of historical documents approved for this facility may be found in Permit to Operate issued July 15, 2010. DIN 11137. PART III: PROPERTIES APPROVED FOR THE SOLID WASTE FACILITY Pender County, NC - Register of Deeds Deed Book Deed Page(s) PIN Grantee Size 4243 151 3265-61-7071 Clyde Wisecarver 72.2 acres 4243 148 3264-79-3881 Clyde Wisecarver 24.74 acres NOTE: The LCID landfill waste disposal acreage comprises approximately 30.5 acres total. Sections A, B, C, & D (inactive) comprises approximately 27 acres within Parcel 3265-61-7071. Section E comprises approximately 3.5 acres within Parcel 3264-79-3881. Permit No: 71A-LCID Running Deer LCID Landfill October 10, 2016 Doc ID 26800 Page 3 of 8 PART IV: GENERAL PERMIT CONDITIONS 1. This permit is issued by the North Carolina Department of Environmental Quality, Division of Waste Management, Solid Waste Section (Section). In accordance with North Carolina Solid Waste Management Rule 15A NCAC 13B .0201(d), a solid waste management facility permit shall have two parts; a Permit to Construct, and a Permit to Operate. a. The Permit to Construct shall expire at the close of business April 30, 2018. The Permit to Construct conditions are contained in Attachment 2 of this permit. b. The Permit to Operate shall expire July 15, 2020. The Permit to Operate conditions are contained in Attachment 3 of this permit. 2. The persons to whom this permit is issued (“permittee”) are the owners and operators of the solid waste management facility. 3. This permit shall not be effective until the certified copy is filed in the Register of Deeds Office and indexed in the grantor index under the name of the owner of the land in the county or counties in which the land is located. The certified copy of the permit, affixed with the Register’s seal and the date, book, and page number of recording must be returned to the Division of Waste Management, within 30 (thirty) calendar days. If the Section does not receive the certified copy of the recorded permit within 30 calendar days of issuance of the permit, then the permit is suspended and of no effect until the date the Section receives the certified copy of the recorded permit. 4. The original Solid Waste Permit 71-A for Sections A, B, C, and D was recorded at the Pender County Register of Deeds office on September 24, 1998 in Deed Book 1388/ Page 13. 5. When this property is sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer must contain in the deed description section, in no smaller type than that used in the body of the deed or instrument, a statement that the property has been used as a land clearing and inert debris landfill and a reference by book and page to the recordation of the permit. 6. By beginning construction or receiving waste at this facility, the permittee shall be considered to have accepted the terms and conditions of this permit. 7. Construction and operation of this solid waste management facility must be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et seq.), the conditions contained in this permit, and the approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed by permit condition. Failure to comply may result in compliance action or permit revocation. Permit No: 71A-LCID Running Deer LCID Landfill October 10, 2016 Doc ID 26800 Page 4 of 8 8. This permit is issued based on the documents submitted in support of the application for permitting the facility identified in Attachment 1, “List of Documents for Approved Plan,” which constitutes the approved plan for the facility. Where discrepancies exist, the most recent submittals and the Conditions of Permit shall govern. 9. This permit may be transferred only with the approval of the Section, through the issuance of a new or substantially amended permit in accordance with applicable statutes and rules. In accordance with NCGS 130A-295.2(g), the permittee must notify the Section thirty (30) days prior to any significant change in the identity or business structure of either the owner or the operator, including but not limited to, a proposed transfer of ownership of the facility or a change in the parent company of the owner or operator of the facility. 10. The permittee is responsible for obtaining all permits and approvals necessary for the development of this project including approval from appropriate agencies for sedimentation and erosion control, and a General or Individual National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit, if applicable. Issuance of this permit does not remove the permittee’s responsibilities for compliance with any other local, state, or federal rule, or statute. - END OF SECTION – Permit No: 71A-LCID Running Deer LCID Landfill October 10, 2016 Doc ID 26800 Page 5 of 8 ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT 1. Pursuant to the NC Solid Waste Management Rules (Rule) 15A NCAC 13B .0201(c) and (e), this permit approves construction of Section E of the Running Deer LCID Landfill. 2. The following are required prior to receiving solid waste in Section E: a. Written certification from a Registered Professional Engineer must be submitted to the Section certifying that the waste disposal unit(s) has been constructed in accordance with the approved plans. b. A sign must be posted at the entrance as required by the NC Solid Waste Management Rules Operational Requirements, 15A NCAC 13B .0566(16). c. The disposal unit boundaries for all closed, existing, and new sections must be accurately identified with permanent durable markers. d. A site inspection and pre-operative meeting must be conducted by a representative of the Section. The permittee must notify the Section’s Environmental Senior Specialist and make arrangements for the site inspection and pre-operative meeting. e. After completion of the requirements in subparagraphs a. through d. above, the Section Environmental Senior Specialist will notify the Permitting Branch Supervisor by letter or email that the pre-operative requirements have been met and that the new section may commence receiving waste. The permittee will be copied on the notification and may begin receiving waste at that time. f. Areas indicated as jurisdictional wetlands on the approved drawings must be delineated with permanent markers. 3. This facility must conform to the operational requirements of the NC Solid Waste Management Rules, 15A NCAC 13B .0566, and to the operational plan required by 15A NCAC 13B .0565(4). 4. Pursuant to 15A NCAC 13B .0201(c) and (e), this permit approves continued operation of Sections A, B, and C of the LCID Landfill. When the Permittee has complied with permit to construct conditions contained in Attachment 2, this permit also approves the operation of Section E of the LCID landfill. Landfill operations shall be conducted in accordance with the approved plan referenced in Attachment 1, Part II of this permit. - END OF SECTION - Permit No: 71A-LCID Running Deer LCID Landfill October 10, 2016 Doc ID 26800 Page 6 of 8 ATTACHMENT 3 CONDITIONS OF OPERATING PERMIT 5. The Permit to Operate shall expire July 15, 2020. Pursuant to 15A NCAC 13B .0201(g), no later than January 15, 2020, the owner or operator must submit a request to the Section for permit review and must submit updated facility plans meeting the requirements of Rule 0.565 and .0566. 6. This facility must conform to the operational requirements of the NC Solid Waste Management Rules, 15A NCAC 13B .0566, and to the operational plan required by 15A NCAC 13B .0565(4). 7. Pursuant to 15A NCAC 13B .0201(c) and (e), this permit approves continued operation of Sections A, B, and C of the LCID Landfill. When the Permittee has complied with permit to construct conditions contained in Attachment 2, this permit also approves the operation of Section E of the LCID landfill. Landfill operations shall be conducted in accordance with the approved plan referenced in Attachment 1, Part II of this permit. 8. The LCID landfill is permitted to receive LCID debris laterally and vertically within the limits of waste areas of the Sections A, B, C, and E, and vertically as delineated on the Civil Plans by Right Angle Engineering dated August 15, 2016, referenced in Attachment 1, Part II of this permit (List of Documents for Approved Plan). 9. This facility is permitted to receive land clearing waste; yard trash, trees, stumps, and brush; untreated and unpainted wood; uncontaminated soil, rock, and gravel; and inert debris such as unpainted brick, concrete, and concrete block, all in accordance with NCGS 130-294(m). 10. This facility is permitted to receive waste generated within Pender, New Hanover, and Brunswick Counties. Proposed changes to the service area must be submitted to the Section for review prior to any changes in accordance with Condition No. 14 of this Attachment. 11. Durable, permanent markers that accurately delineate the waste disposal boundary and are easily visible must be installed and maintained. 12. Excavation, grading and fill material side slopes must not exceed a ratio of three horizontal feet to one vertical feet (3:1). 13. Open burning of land clearing waste is prohibited. If a fire occurs, the permittee must provide oral notification to the Section within 24 hours of the occurrence followed by a written report of the details of the fire within 10 working days of the occurrence. The report must include the cause, the location(s) on the premises, the dimensions and volume of material involved, a description of emergency response activities with results, and a description of mitigation measures implemented to reduce or eliminate conditions leading to the fire. Other conditions may be required based on the severity or nature of the fire. Permit No: 71A-LCID Running Deer LCID Landfill October 10, 2016 Doc ID 26800 Page 7 of 8 14. Revisions to the design or operation of the facility or changes to the facility service area must be submitted to the Section for review and approval prior to the implementation of any changes. Revisions or changes that require modification to the permit will be subject to the appropriate permitting fee, if applicable. 15. Amendments or revisions to the NC General Statutes or to the NC Solid Waste Management Rules or any violation of ground water standards may necessitate modification of the approved design or operation plans, waste acceptance requirements or may require closure of the facility. 16. Copies of this permit, the approved plans and all records required to be maintained by the permittee must be maintained at the facility, unless otherwise approved by the Section, and made available to the Section upon request during normal business hours. Cover Material Requirements 17. Solid waste must be covered with 1 foot of suitable soil cover at least once per month or when the active area reaches 1 acre in size, whichever occurs first, or more often when necessary to prevent the site from becoming a nuisance or to mitigate conditions associated with fire, windblown materials, vectors or excessive water infiltration. 18. The facility must maintain a supply of cover material adequate to cover the working face in case of an emergency or fire, at all times. 19. Vegetative ground cover sufficient to control erosion must be established within 30 (thirty) working days upon completion of any phase of LCID landfill development or as addressed in the approved Sedimentation and Erosion Control permit. 20. Within 120 calendar days after completion of the final disposal operations, the disposal area must be closed and covered with a minimum of 1 foot of suitable soil cover sloped to allow surface water runoff in a controlled manner. However, for ditches with depths greater than 6 inches and widths less than 3 feet located on the landfill, at least 2 feet of soil is required between the bottom elevation of the ditches and the waste mass. Erosion & Sedimentation Control Requirements 21. The permittee is solely responsible for maintaining an approved sedimentation and erosion control plan. All earth-disturbing activities must be conducted in accordance with the Sedimentation Control Act N.C.G.S. 113A-50, et seq., and rules promulgated under 15A NCAC 4. 22. Facility construction, operations or practices must not cause or result in a discharge of pollution, dredged material, and/or fill material into waters of the state in violation of the requirements under Sections 401 and 404 of the Clean Water Act, as amended. 23. Modifications to the approved sedimentation and erosion control activities require approval by the North Carolina Land Quality Section. The permittee must notify the Section of any sedimentation and erosion control plan modifications. Permit No: 71A-LCID Running Deer LCID Landfill October 10, 2016 Doc ID 26800 Page 8 of 8 Drainage Control & Water Protection Requirements 24. All required sedimentation and erosion control measures must be installed and maintained to mitigate excessive on-site erosion and to prevent silt from leaving the site of the landfill unit during the service life of the facility. 25. Ground water quality at this facility is subject to the classification and remedial action provisions of 15 NCAC 2L. 26. Solid waste must be placed a minimum of four feet above the seasonal high water table. 27. Solid waste must not be disposed in standing water. Surface water must be diverted away from the operational area and must not be impounded over or in waste. 28. Leachate must be properly managed on site using best management practices. - END OF PERMIT CONDITIONS -