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HomeMy WebLinkAbout60AX_LakeviewRd_LCID_RenewalExplanation_DIN27620_20170410 ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director State of North Carolina | Environmental Quality | Waste Management Asheville Regional Office | 2090 US Highway 70 | Swannanoa, North Carolina 28778 828 296 4500 April 11, 2017 Mr. Larry Swaringen, Owner Lakeview Road Landfill Inc. 4705 Lakeview Road Charlotte, North Carolina 28216 Subject: Permit Renewal Permit No. 60AX-LCID-, Lakeview Road Landfill Inc. Mecklenburg County, DIN 27620 Dear Mr. Swaringen, The Division of Waste Management, Solid Waste Section (Section) has reviewed your application and permitting documents, including;  Permit Renewal Application. Prepared by Lakeview Road Landfill, Inc. DIN 21524. July 2014.  Additional Comments on the Permit Amendment Application. Prepared by the Solid Waste Section. DIN 21555. August 2014.  Paid Invoice No. SW014-0073. Prepared by the Solid Waste Section. October 2014.  Recent inspections made by Mecklenburg County Land Use and Environmental Services Agency. Note: all Section documents regarding this permit are accessible at; http://edocs.deq.nc.gov/WasteManagement/0/fol/1441/Row1.aspx A review of the documents indicates that the application has not been prepared in complete accordance with the North Carolina Administrative Code (applicable code is attached). And the deed for the landfill property does not include the required buffers, the drawn buffers lay outside the deeded property bounds. The Section has decided to renew the permit for another five (5) years conditional on the following; 1. The permit that will be issued in 2017, will be required to be recorded by you against both the landfill deeded property and the adjoining properties owned by Larry and Linda Swaringen. The adjoining property contains the current landfill buffers, as described in the application. Should Lakeview Road Landfill Inc. not comply with this condition within 30 days of permit receipt, then Lakeview Road Landfill Inc. will be expected to notify the Section that it has ceased receiving waste and will begin closure within 90 days of permit receipt. Lakeview Road Landfill Inc. April 11, 2017 DIN 27620 Page 2 of 2 2. Lakeview Road Landfill Inc. will submit, six (6) month prior to the expiration of the 2017 permit, a permit renewal application prepared; in accordance with the applicable North Carolina Administrative Code (attached), sealed by a licensed North Carolina professional engineer and include a deed that encompasses both the landfill waste boundary and buffer boundary. Should Lakeview Road Landfill Inc. not comply with this condition, then Lakeview Road Landfill Inc. will be expected to notify the Section that it will cease receiving waste and begin closure no less than 90 days prior to permit expiration. Note: these conditions will be added to the 2017 permit. Finally, within the next 30 days Lakeview Road Landfill Inc. must notify the Section in writing that Lakeview Road Landfill Inc. will comply with the additional permit conditions, in order for the landfill to continue operations. Should you have any question regarding this matter contact me at (828) 296-4704 or larry.frost@ncdenr.gov. Sincerely, Larry Frost, Engineering Project Manager Permitting Branch, Solid Waste Section Division of Waste Management, NCDEQ ec: Ed Mussler – SWS/RCO Jason Watkins – SWS/RCO Deb Aja – SWS/ARO 15A NCAC 13B .0565 APPLICATION REQUIREMENTS FOR LAND CLEARING/INERT DEBRIS (LCID) LANDFILLS Plans, maps, and reports shall be required with each application. The seal of a professional engineer is required when submitting plans for a Land Clearing and Inert Debris (LCID) landfill. (1) Not Applicable (2) The following shall be provided on a map or aerial photograph with a scale of at least one inch equals four hundred feet showing the area within one-fourth mile of the site: (a) Entire property or portion thereof owned or leased by the person providing the disposal site. (b) Location of all homes, buildings, public or private utilities, roads, wells, watercourses, water or other impoundments, and any other applicable features or details. (c) 100-year flood plain boundaries, if any. (d) Wetland boundaries, if any. (e) Historical or archaeological sites, if any. (f) Park, scenic, or recreation area boundaries, if any. (3) Development and design plans and details, at a scale of at least one inch equals one hundred feet with one inch equals forty feet preferred, and specifications containing the following information shall be submitted with the application for a proposed Land Clearing and Inert Debris (LCID) landfill: (a) Property or site boundary, fully dimensioned with bearings and distances, tied to North Carolina grid coordinates where reasonably feasible. (b) Easements and right-of-ways. (c) Existing pertinent on site and adjacent structures such as houses, buildings, wells, roads and bridges, water and sewer utilities, septic fields, and storm drainage features. (d) Proposed and existing roads, points of ingress and egress along with access control such as gates, fences, or berms. (e) Buffer and set back lines along with the buffered boundary or feature. (f) Springs, streams, creeks, rivers, ponds, and other waters and impoundments. (g) Wetlands, if any. (h) Boundary of the proposed waste area. (i) Existing topography with contours at a minimum of five foot intervals. Where necessary, a smaller interval shall be utilized to clarify existing topographic conditions. (j) Proposed excavation, grading, and final contours at a minimum of five foot intervals. Where necessary, a smaller interval shall be utilized to clarify proposed grading. Excavation, grading, and fill material side slopes shall not exceed three to one (3:1). (k) Where on site borrow for operational and final cover is proposed, indicate the borrow excavation and grading plan with contours at a minimum of five foot intervals. Where necessary, a smaller interval shall be utilized to clarify proposed grading. (l) Proposed surface water control features and devices such as slope drains, storm water pipes, inlets, culverts, and channels. (m) Information showing that the project meets the requirements of 15A NCAC 4, Sedimentation Control Rules. (n) Location of test borings or test pits, if used to determine the seasonal high water table elevation, shall be shown on the plans. (o) A minimum of two cross-sections, one each along each major axis, per operational area showing: (i) Original elevations. (ii) Proposed excavation. (iii) Proposed final elevations. (4) An operational plan addressing the requirements under Rule .0566 of this Section and containing the following information shall be submitted with the application for a proposed Land Clearing and Inert Debris (LCID) landfill: (a) Name, address, and phone number of individual responsible for operation and maintenance of the facility. (b) Projected use of the land after completion. (c) Description of systematic usage of disposal area, operation, orderly development and closure of the landfill. (d) Type, source, and quantity of waste to be accepted. (e) An emergency contingency plan, including fire fighting procedures. 15A NCAC 13B .0566 OPERATIONAL REQ. FOR LAND CLEARING/INERT DEBRIS (LCID) LANDFILLS Land Clearing and Inert Debris (LCID) landfills shall meet the following operational requirements: (1) Operational plans shall be approved and followed as specified for the facility. (2) The facility shall only accept those solid wastes which it is permitted to receive. (3) Solid waste shall be restricted to the smallest area feasible and compacted as densely as practical into cells. (4) Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first. (5) 120 calendar days after completion of any phase of disposal operations, or upon revocation of a permit, the disposal area shall be covered with a minimum of one foot of suitable soil cover sloped to allow surface water runoff in a controlled manner. The Division may require further action in order to correct any condition which is or may become injurious to the public health, or a nuisance to the community. (6) Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site erosion. (7) Provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days upon completion of any phase of landfill development. (8) The facility shall be adequately secured by means of gates, chains, berms, fences, etc. to prevent unauthorized access except when an operator is on duty. An attendant shall be on duty at all times while the landfill is open for public use to assure compliance with operational requirements and to prevent acceptance of unauthorized wastes. (9) Access roads shall be of all-weather construction and properly maintained. (10) Surface water shall be diverted from the working face and shall not be impounded over waste. (11) Solid waste shall not be disposed of in water. (12) Open burning of solid waste is prohibited. (13) The concentration of explosive gases generated by the facility shall not exceed: (a) Twenty-five percent of the lower explosive limit for the gases in facility structures. (b) The lower explosive limit for the gases at the property boundary. (14) Leachate shall be properly managed on site through the use of current best management practices. (15) Should the Division deem it necessary, ground water or surface water monitoring, or both, may be required as provided for under Rules .0601 and .0602 of this Subchapter. (16) A sign shall be posted at the facility entrance showing the contact name and number in case of an emergency and the permit number. The permit number requirement is not applicable for facilities not requiring an individual permit.