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HomeMy WebLinkAbout60Q_PiedmontGradingLCID_PTO_DIN27603_20170407 Permit No: 60Q-LCID Piedmont Grading LCID Landfill April 7, 2017 Doc ID 27603 Page 1 of 9 North Carolina Department of Environmental Quality ROY COOPER MICHAEL S. REGAN 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. 60Q-LCID Piedmont Grading & Wrecking Co. Inc. (owner, operator) and Kerr LW Limited Partnership (landowner) are hereby issued a PERMIT TO OPERATE PIEDMONT GRADING LCID LANDFILL Located at 11898 Everette Keith Road near the Town of Huntersville in Mecklenburg 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: 60Q-LCID Piedmont Grading LCID Landfill Aprill 7, 2017 Doc ID 27603 Page 2 of 9 ATTACHMENT 1 PART I: PERMITTING HISTORY Permit Issuance Date Doc ID Date of Original Approval of Permit to Construct/Operate issued by Mecklenburg County Dept of Public Health June 17, 1985 na Permit to Operate July 9, 1999 na Permit to Operate (w/ Closure Plan) March 3, 2009 na Permit to Operate (Closure Modification) March 3, 2009 na Permit to Operate (w/ Closure Plan) April 7, 2017 27603 Piedmont Grading & Wrecking Company began operating the LCID landfill in 1985 upon approval of operating plans by the Mecklenburg County Dept of Public Health (currently Mecklenburg County Land Use & Environmental Services Agency, or MC-LUESA). The landfill has operated continuously without interruption since 1985. MC-LUESA, as the State delegated authority for solid waste in the county, maintained responsibility for permit renewals and inspections until 2011 when permitting responsibility was reverted back to NC Division of Waste Management Solid Waste Section. PART II: LIST OF DOCUMENTS FOR APPROVED PLAN 1. Piedmont Grading LCID Landfill Permit Renewal Application for Permit 60Q-LCID, prepared by S&ME Inc. – April 18, 2014. DIN 20898. 2. Town of Huntersville NC Local Zoning Approval Letter: Documentation of conditional approval with defined closure date. Town of Huntersville. February 28, 2017. DIN 27459. 3. Closure Plan (revised)for Piedmont Grading & Wrecking Co. LCID Landfill Permit 60Q, prepared by S&ME Inc. December 5, 2008. [On file with the Mecklenburg County Land Use & Environmental Services Agency (MC-LUESA), Charlotte NC.] 4. Historical Information: List of documents approved for the original Permit to Construct & Operate issued by Mecklenburg County NC can be found in the original permit, dated June 17, 1985. [On file with the Mecklenburg County Land Use & Environmental Services Agency (MC-LUESA), Charlotte NC]. Permit No: 60Q-LCID Piedmont Grading LCID Landfill Aprill 7, 2017 Doc ID 27603 Page 3 of 9 PART III: PROPERTIES APPROVED FOR THE SOLID WASTE FACILITY Mecklenburg County, NC - Register of Deeds Deed Book Deed Page(s) PIN Grantee Size 10944 080 0193108 LW Kerr Ltd Partnership 37.77 acres NOTE: The LCID landfill waste disposal acreage comprises approximately 25 acres total. 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 is not applicable to this permit. b. The Permit to Operate shall expire March 3, 2018. The Permit to Operate conditions are contained in Attachment 3 of this permit. Closure Conditions are contained in Attachment 4 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. The original Solid Waste Permit to Operate issued by Mecklenburg County Solid Waste Section was recorded at the Mecklenburg County Register of Deeds office on August 28, 1985 in Deed Book 5077/ Page 151. 4. 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. 5. By beginning construction or receiving waste at this facility, the permittee shall be considered to have accepted the terms and conditions of this permit. 6. 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: 60Q-LCID Piedmont Grading LCID Landfill Aprill 7, 2017 Doc ID 27603 Page 4 of 9 7. 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. 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 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. 9. 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: 60Q-LCID Piedmont Grading LCID Landfill Aprill 7, 2017 Doc ID 27603 Page 5 of 9 ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT {NOT APPLICABLE} - END OF SECTION - Permit No: 60Q-LCID Piedmont Grading LCID Landfill Aprill 7, 2017 Doc ID 27603 Page 6 of 9 ATTACHMENT 3 CONDITIONS OF OPERATING PERMIT 1. The Permit to Operate shall expire March 3, 2018. The permit expiration date is established pursuant to Article 9.23.9 of the Huntersville Zoning Ordinance and as outlined in the Town of Huntersville’s letter to the owner (DIN 27459 in Attachment 1, Part II List of Approved Documents). Should the Town of Huntersville grant an extension for closure beyond March 3, 2018, the owner or operator must submit a request to the Section [per 15A NCAC 13B .0201(g)] for permit renewal and must submit updated facility plans meeting the requirements of Rule 0.565 and .0566., no later than December 3, 2017. 2. 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). 3. Pursuant to 15A NCAC 13B .0201(c) and (e), this permit approves continued operation of the Piedmont Grading LCID Landfill. Landfill operations shall be conducted in accordance with the approved plan referenced in Attachment 1, Part II of this permit. 4. The LCID landfill is permitted to receive LCID debris laterally and vertically within the limits of waste areas as delineated on the plans by S&ME Inc, dated April 18, 2014, referenced in Attachment 1, Part II of this permit (List of Documents for Approved Plan). 5. The landfill occupies approximately 35 acres. The area to be used for landfill operation is approximately 24 acres. The following table lists the total capacity for the LCID landfill unit. Total gross capacity is defined as the volume measured from the bottom of the waste through the top of final cover. The final design elevation of the landfill is approximately 890 feet. Acreage Gross Capacity (yd3) Status +/- 24 1,190,000 Active Note: Capacity data was prepared by Kenneth Obenauf PE and presented in the permit application package submitted by S&ME Inc. on April 18, 2014 (DIN 20898). 6. This facility is permitted to receive land clearing waste; yard trash; untreated and unpainted wood; uncontaminated soil; inert debris such as unpainted rock, brick, concrete, and concrete block; and asphalt; all in accordance with NCGS 130-294(m). 7. This facility is permitted to receive waste generated within Mecklenburg County, consistent with the local government waste management plan and with local government approval and as defined in G.S. 130-290 (a)(35), except where prohibited by the N. C. General Statues Article 9 of Chapter 130A, and the rules adopted by the Commission for Health Services. 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. Permit No: 60Q-LCID Piedmont Grading LCID Landfill Aprill 7, 2017 Doc ID 27603 Page 7 of 9 8. Durable, permanent markers that accurately delineate the waste disposal boundary and are easily visible must be installed and maintained. 9. Excavation, grading and fill material side slopes must not exceed a ratio of three horizontal feet to one vertical feet (3:1). 10. 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. 11. 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. 12. 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. 13. 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 14. 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. 15. 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. 16. 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. 17. 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. Permit No: 60Q-LCID Piedmont Grading LCID Landfill Aprill 7, 2017 Doc ID 27603 Page 8 of 9 Erosion & Sedimentation Control Requirements 18. 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. 19. 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. 20. 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. Drainage Control & Water Protection Requirements 21. 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. 22. Ground water quality at this facility is subject to the classification and remedial action provisions of 15 NCAC 2L. 23. Solid waste must be placed a minimum of four feet above the seasonal high water table. 24. 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. 25. Leachate must be properly managed on site using best management practices. - END OF SECTION – Permit No: 60Q-LCID Piedmont Grading LCID Landfill Aprill 7, 2017 Doc ID 27603 Page 9 of 9 ATTACHMENT 4 CONDITIONS OF CLOSURE 1. Upon expiration of the Permit to Operate on March 3, 2018, the facility must cease to operate and immediately commence and continuously pursue completion closure of the landfill. Closure of the facility must be in accordance to the closure and operations plans (listed in Attachment 1, Part II List of Approved Documents), operating conditions of permit in Attachment 3, and 15A NCAC 13B .0566. 2. Upon completion of closure requirements, the owner shall notify the Division in writing to set up an inspection and provide test holes for inspection per 15A NCAC 13B .0510. 3. The owner shall meet all requirements and conditions of closure and post-closure in accordance with 15A NCAC 13B .0510. - END OF PERMIT CONDITIONS –