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HomeMy WebLinkAbout5410_EverettsLCIDLF_PTOPTC_DIN27055_20161129 Facility Permit No: 5410-LCID-2016 Permit Approval To Construct & Operate November 29, 2016 DIN 27055 Page 1 of 10 North Carolina Department of Environment Quality Division of Waste Management Pat McCrory Donald R. van der Vaart Governor Secretary 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone/Fax 919-707-8200 Internet: http://www.ncdenr.gov An Equal Opportunity \ Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT QUALITY DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION LAND CLEARING AND INERT DEBRIS LANDFILL Permit No. 5410-LCID-2016 HENRY LEON EVERETT, JR. PROPERTY ONWER EVERETT’S LOT CLEARING AND GRADING, INC. OPERATOR is hereby issued a PERMIT APPROVAL TO CONSTRUCT AND OPERATE EVERETT’S LAND CLEARING AND INERT DEBRIS PIT located nearby 4062 Aldridge Store Road (SR1515), Institute Township, Lenoir 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, P.E. Permitting Branch Supervisor Solid Waste Section Facility Permit No: 5410-LCID-2016 Permit Approval To Construct & Operate November 29, 2016 DIN 27055 Page 2 of 10 ATTACHMENT 1 GENERAL PERMIT CONDITIONS/INFORMATION PART I: PERMITTING HISTORY PART II: LIST OF DOCUMENTS FOR THE APPROVED PLAN 1. Permit Application including Operations Plan, Lenoir County Zoning Compliance Letter, Fire Department Letter, Property Deeds, HydroCAD Stormwater Modeling, Flood Maps, NC Mining Permit (Permit No. 54-13), Application Signature Page and drawings, and the approved erosion and sediment control documents. Prepared by J. Branch Smith, P.E. March 28, 2016 and revised through November 2016. (DIN 27057). PART III: PROPERTIES APPROVED FOR THE SOLID WASTE FACILITY Lenoir County, N.C. Register of Deeds Book Page Grantee Grantor Acres 1644 203 through 206 Henry Leon Everett, Jr. Walter T. Worthington & wife Marilyn S. Worthington 35.63 Total Site Acreage: 35.63 + acres Note: 1. Inside the 35.63-acre property, approximately 17.94-acre land that is in Map Book M.B. 19-35, Parcel Number 4596, and NC PIN 3577-99-4506 according to the Lenoir County Register of Deeds is used for landfill facility infrastructure including the permitted waste disposal unit. PART IV: GENERAL FACILITY 1. This permit is issued by the North Carolina Department of Environment Quality, Division of Waste Management (Division), Solid Waste Section (Section). In accordance with North Carolina Solid Waste Management Rule (Rule) 15A NCAC 13B .0201(e), a land clearing and inert debris (LCID) solid waste management facility permit may be combined in two parts: a Permit Approval to Construct and a Permit Approval to Operate. The Permit Approval to Construct and Operate shall expire on November 29, 2021 according to Rule 15 NCAC 13B .0563(4). The Permit Approval to Construct conditions are contained in Attachment 2 of this permit and the Permit Approval to Operate conditions are contained in h Attachment 3 of this permit. Permit Type Date Issued Doc ID Original Issuance - Permit Approval to Construct and Operate November 29, 2016 27056 Facility Permit No: 5410-LCID-2016 Permit Approval To Construct & Operate November 29, 2016 DIN 27055 Page 3 of 10 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 of this permit which references legal descriptions for all land within the solid waste management facility boundary is recorded 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 Section within 30 calendar days of issuance of this permit. If the Section does not receive the certified copy of the recorded permit within 30 calendar days of issuance of the permit, then and in that event, the permit is suspended and of no effect until the date the Section receives the certified copy of the recorded permit. 4. When this property is sold, leased, conveyed, or transferred in any manner, 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 LCID landfill and a reference by book and page to the recordation of the permit. 5. By beginning construction or receiving waste at the facility the permittee shall be considered to have accepted the terms and conditions of this permit. 6. Construction or operation of this solid waste management facility must be in accordance with the Solid Waste Management Rules (Rule), 15A NCAC 13B, Article 9 of the 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 Rules shall take precedence unless specifically addressed by permit condition. Failure to comply may result in compliance action or permit revocation. 7. This permit is issued based on the documents submitted in support of the application for permitting the facility including those identified in Attachment 1, the “List of Documents for the Approved Plan” which constitute the approved plan for the facility. Where discrepancies exist, the most recent submittals and the Conditions of Permit shall govern. 8. 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 shall 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 Facility Permit No: 5410-LCID-2016 Permit Approval To Construct & Operate November 29, 2016 DIN 27055 Page 4 of 10 ownership of the facility or a change in the parent company of the owner or operator of the facility. 9. The permittee is responsible for obtaining all permits and approvals necessary for the development of this project including approval from appropriate agencies for a General or Individual NPDES Stormwater Discharge Permit. Issuance of this permit does not remove the permittee’s responsibilities for compliance with any other local, state or federal rule, regulation or statute. - End of Section – ATTACHMENT 2 CONDITIONS OF PERMIT APPROVAL TO CONSTRUCT PART I: FACILITY SPECIFIC CONDITIONS 1. Pursuant to the North Carolina Solid Waste Management Rules (Rules) 15A NCAC 13B .0201(c) and (e), this permit approves the waste disposal boundaries and construction of Everett’s Land Clearing and Inert Debris (LCID) Pit as shown on the drawings of the approved plan (DIN 27057) referenced in Attachment 1, Part II, of this permit. This Permit Approval to Construct shall expire November 29, 2021. 2. The permit approves the permittee to construct the landfill and containing a total gross capacity of approximately 40,000 cubic yards (CY) within the permitted waste footprint of approximately 3.86 acres. Gross capacity that is the measured volume between the bottom of waste at the elevation of 85-feet above mean sea level (amsl) and the top of final cover at the elevation up to 95.8-feet amsl with a five (horizontal) to one (vertical) side slope. 3. The permittee must consecutively construct and develop the LCID Landfill by phases. The landfill development is summarized in the table below: Phase Waste Footprint (Acre) Gross Capacity (CY) Single Fill 3.86 40,000 Total 3.86 40,000 4. Revisions to the approved design or construction of any landfill phases or cells require written approval of the Section in accordance with applicable statutes and rules. Revisions or changes that require modification to the permit may be subject to the appropriate permitting fee according to NCGS 130A-295.8. Facility Permit No: 5410-LCID-2016 Permit Approval To Construct & Operate November 29, 2016 DIN 27055 Page 5 of 10 5. Permittee must implement the Sequence of LCID Construction and Operations as noted in the Drawing No. LCID-3 (DIN 27057) and common construction practices to construct and develop the LCIDLF. EROSION AND SEDIMENTATION CONTROL REQUIREMENTS 6. All earth disturbing activities and dewatering project at this landfill facility must be conducted in accordance with the approved Erosion and Sediment Control Plan (DIN 27057), the Sedimentation Pollution Control Act of 1973 (15 NCAC 4), and be consistent with any other local, state or federal requirements. 7. Facility construction including dewatering project, 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. 8. 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. PRE-OPERATIONAL CONDITIONS 9. The permittee must complete the following Permit Conditions prior to receiving solid waste in a new landfill phase: a. The new landfill base, where the LCID waste will be disposed of must be constructed with the selected material described in the approved Plan Drawing No. LCID-3 (DIN 27057) to the elevation of 85 feet amsl with exterior slopes no steeper than 3 (horizontal) to 1 (vertical) according to Rule 15A NCAC 13B .0565(3)(j). b. A written construction certification that is signed by a NC Registered Professional Engineer must be submitted the Section to certify that the waste disposal unit(s) has been constructed in accordance with the approved plans and Rule 15A NCAC 13B .0564(8)(d). c. As-built survey drawings prepared by a NC Registered Land Surveyor must be submitted the Section to certify that the waste disposal unit(s) has been constructed in accordance with the approved plans and Rule 15A NCAC 13B .0564(8)(d) and .0564(9). Facility Permit No: 5410-LCID-2016 Permit Approval To Construct & Operate November 29, 2016 DIN 27055 Page 6 of 10 d. A sign must be posted at the entrance as required by the Rule 15A NCAC 13B .0566(16). e. The disposal unit boundary must be accurately identified with permanent markers. f. Completion of constructing and installing all required and approved measures, devices, and structures to prevent soil erosion, control sedimentation, manage surface water drainage, and to protect surface water-body in accordance with the approved Erosion and Sediment Control Plan (DIN 27057) and the Permit Conditions Nos. 6 through 8 of Attachment 2. g. A site inspection and pre-operative meeting must be conducted by a representative of the Section. The permittee must notify the Section’s Senior Environmental Specialist and make arrangements for the site inspection and pre-operative meeting. h. After completion of the requirements in subparagraphs a. through g. above, the Section Senior Environmental Specialist will notify the Permitting Branch Supervisor by letter or email that the pre-operative requirements have been met and that the unit(s) may commence receiving waste. The permittee will be copied on the notification and may begin receiving waste at that time. - End of Section- ATTACHMENT 3 CONDITIONS OF PERMIT APPROVAL TO OPERATE PART I: FACILITY SPECIFIC CONDITIONS 1. This Permit Approval to Operate shall expire November 29, 2021 according to the North Carolina Solid Waste Management Rule (Rule) 15A NCAC 13B .0563(4). No later than May 29, 2021, the permittee must submit a request to the Section for permit review and must submit updated facility and operational plans meeting the requirements of Rules 15A NCAC 13B .0565 and .0566. 2. This facility must conform to the operational requirements of the Rule 15A NCAC 13B .0566 and to the operational plan required by Rule 15A NCAC 13B .0565(4). Facility Permit No: 5410-LCID-2016 Permit Approval To Construct & Operate November 29, 2016 DIN 27055 Page 7 of 10 3. This permit authorizes the permittee to operate Everett’s LCID Pit, consisting a single phase if the permittee completely fulfills the Pre-Operational Condition No. 9, Attachment 2 of this permit. Everett’s LCID Pit has the approved total gross capacity of approximately 40,000 cubic yard (CY) within the permitted waste footprint of approximately 3.86 acres, which is consistent with the approved Drawing Nos. LCID-2 & LCID-3 (DIN 27057). Gross capacity is the measured volume between the bottom of waste and the top of final cover. The average received waste is estimated to be approximately 1,000CY per quarter. The landfill phased development is summarized in the table below: Phase Waste Footprint (Acre) Gross Capacity (CY) Maximum Fill Elevation (feet, amsl) Single Fill 3.86 40,000 95.8 total 3.86 40,000 4. Operation of any landfill future phases or cells requires written approval of the Section constructed in accordance with applicable statutes and rules effective at that time. 5. This facility is permitted to receive land clearing waste, yard trash, untreated and unpainted wood, uncontaminated soil, and inert debris such as unpainted rock, brick, concrete, and concrete block. Waste acceptance requirements may be affected by future revisions and amendments to the North Carolina General Statutes, or to the Rules. a. Unless otherwise specifically approved by the Section, only the permitted wastes generated by operations internal to the permittee is approved for disposal in the Everett’s LCID Pit. b. Wastes generated by the general public is NOT PERMITTED for disposal at the Everett’s LCID Pit. c. Waste acceptance requirements may be affected by future revisions and amendments to the North Carolina General Statutes or to the North Carolina Solid Waste Management Rules. 6. This facility is permitted to receive waste generated from the any county in the State of North Carolina, but most waste generated from the following counties – Lenoir, Wayne, Craven, Pitt, Green, Duplin, Onslow, and Jones Counties. 7. Revisions to the design or operation of the facility or changes to the service area must be submitted to the Section for review prior to any changes. Facility Permit No: 5410-LCID-2016 Permit Approval To Construct & Operate November 29, 2016 DIN 27055 Page 8 of 10 8. Amendments or revisions to the North Carolina General Statutes or to the North Carolina 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. 9. Solid waste must be restricted to the smallest area feasible and compacted as densely as practical into cells by proper construction equipment according to Rule 15A NCAC 13B .0566(3). 10. The permanent markers that accurately delineate the waste disposal boundary must be properly maintained. 11. Excavation, grading, and fill material side slopes must not exceed a ratio of three horizontal feet to one vertical foot (3:1) as shown on the drawings of the approved plan (DIN 27057) and according to Rule 15A NCAC 13B .0565(3)(j). 12. Pursuant to Rule 15A NCAC 13B .0566(12) and the approved Operations Plan (DIN 27057), open burning of received solid waste is prohibited. If a fire occurs, the permittee must provide verbal 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. 13. Pursuant to Rule 15A NCAC 13B .0566(13), the permittee must conduct routinely monitoring to ensure that the concentration of explosive gases generated by the LCIDLF facility must not exceed: a. Twenty-five percent (25%) of the lower explosive limit for the gases in facility structures. b. The lower explosive limit for the gases at the property boundary. 14. A sign must be posted maintained at the entrance as required by Rule 15A NCAC 13B .0566(16). 15. Site access controls must be installed and operational, and access roads must be of all- weather construction and properly maintained. Facility Permit No: 5410-LCID-2016 Permit Approval To Construct & Operate November 29, 2016 DIN 27055 Page 9 of 10 COVER MATERIAL REQUIREMENTS 16. Solid waste must be covered with a suitable soil cover at least once per month or when the active area reaches one (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 in accordance with Rule 15A NCAC 13B .0566(4). 17. Pursuant to Rule 15A NCAC 13B .0564(7), the permittee must maintain a supply of cover material adequate to cover the working face at the landfill at all times in case of an emergency or fire. The earthen cover material must be effectively compacted to minimize soil erosion and repaired in a timely manner when the soil cover is eroded by surface water. 18. Vegetative ground cover sufficient to control erosion must be established within 30 (thirty) working days upon completion of any phased development of the landfill in accordance Rule 15A NCAC 13B .0566(7). 19. Pursuant to Rule 15A NCAC 13B .0566(5), within 120 calendar days after completion of the final disposal operations, the permittee must close and cover the disposal area with a minimum of one (1) foot of suitable soil cover graded and sloped to allow surface water runoff in a controlled manner. DRAINAGE AND EROSION CONTROLS AND WATER PROTECTION REQUIREMENTS 20. 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 in accordance with Rules 15A NCAC 13B .0564(8)(a), (b) & (c) and .0566(6). 21. Ground water quality at this facility is subject to the classification and remedial action provisions of 15 NCAC 2L and Rule 15A NCAC 13B .0566(15). 22. Solid waste must be placed a minimum of four (4) feet above the seasonal high water table at the elevation of 85 feet amsl according to the approved plan (DIN 27057) and Rule 15A NCAC 13B .0564(8)(d). 23. Surface water must be diverted away from the operational area and must not be impounded over or in waste and solid waste must not be disposed in standing water according to Rules 15A NCAC 13B .0566(10) and (11), respectively. Facility Permit No: 5410-LCID-2016 Permit Approval To Construct & Operate November 29, 2016 DIN 27055 Page 10 of 10 24. Leachate must be properly managed on site using the current best management practices in accordance with Rule 15A NCAC 13B .0566(14). - End of Permit Conditions -