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HomeMy WebLinkAboutS Declaration of Restrictions on Landfill Property-s Prepared by: Geoffrey E. Gledhill COLEMAN, GLEDHILL & HARGRAVE, P.C. 129 E. Tryon Street, P.O. Drawer 1529 Hillsborough, NC 27278 Return to: Orange County Department of Solid Waste and Recycling P.O. Box 8181 Hillsborough, NC 27278 NORTH CAROLINA DECLARATION OF RESTRICTIONS ON PROPERTY ORANGE COUNTY THIS DECLARATION, made this 5 day of June, 2001 by Orange County, North Carolina (hereinafter "the County "), having a mailing address of P.O. Box 8181, Hillsborough, North Carolina 27278. WITNESSETH: WHEREAS, the County owns in fee simple the real property described in Article below; and WHEREAS, the County by this Declaration of Restrictions wishes to bind itself, its successors and assigns to provide notice that the property described in Article 1 below has been used as a solid waste landfill, and its use is restricted under the closure plan of the landfill approved by the North Carolina Department of Environment and Natural Resources- Division of Waste Management (hereinafter Division). NOW THEREFORE, the County agrees for itself and with any and all persons, firms or corporations hereafter acquiring any of the property described in Article 1 below, that the same shall be subject to the following restrictions, conditions, and covenants relating to the use and occupancy thereof, which restrictions, conditions, and covenants shall run with the said property and inure to the benefit of and be binding upon the heirs, successors and assigns of Declarant and other acquiring parties and persons. Article 1. The real property which is, and shall be, held, transferred, sold and conveyed subject to the notation set forth in this Declaration is located on Eubanks Road in Chapel Hill Township, Orange County, North Carolina, and is more particularly described as follows: Tract On BEGINNING at a point in the center line of State Road 1727 and running thence North 07 degrees 40 minutes 20 seconds East 665.66 feet to a stake and rock pile pointers; thence North 07 degrees 21 minutes 30 seconds East 2081.72 feet to an iron stake (angle); thence along and with Eugene M. Blackwood's line South 81 degrees 40 minutes East 1029.13 feet to a stake; thence South 05 degrees 17 minutes 40 seconds West 2396.23 feet to the center line of State Road 1727; thence along and with the center line of State Road 1727 South 81 degrees 26 minutes 40 seconds West, 1035.31 feet; thence continuing along and with the center line of State Road 1727 South 74 degrees 45 minutes 40 seconds West 133.53 feet to the place of BEGINNING; the same being Parcel # 1 of the property of Annie M. Pegram Estate, N. C. National Bank, Executor, as surveyed by George C. Love, Jr., Registered Land Surveyor, 6 -1 -67, Recorded in Plat Book 15, Page 199, Orange County Registry, containing 63.265 acres. Tract Two BEGINNING at a point in the center line of State Road 1727, and running thence North 5 degrees 17 minutes 40 seconds East 2396.23 feet to a stake; thence along Eugene M. Blackwood's line South 81 degrees 40 minutes East 1146.42 feet to an iron pipe by a large Triple Maple; thence South 05 degrees 07 minutes 10 seconds West, 2145.54 feet to the center line of State Road 1727; thence along and with said center line of State Road 1727 South, 89 degrees 37 minutes 10 seconds West 636.83 feet; thence continuing along and with the center line of State Road 1727 South 81 degrees 26 minutes 40 seconds West 532.00 feet to the point and place of BEGINNING; and being Parcel # 2 of the property of Annie M. Pegram Estate, N.C. National Bank, Executor, as surveyed by George C. Love, Jr., Registered Land Surveyor, 6 -1 -67, Recorded in Plat Book 15, Page 199, Orange County Registry, containing 59.294 acres. Tract Three BEGINNING at a point in the center line of State Road 1727 and running thence South 05 degrees 07 minutes 10 seconds West 719.81 feet to a stake; thence South 05 degrees 01 minute West 200 feet to a monument labeled control corner (Dukle Power Company); thence South 05 degrees 01 minute 30 seconds West, 825.38 feet to a stake (by a 30 inch White Oak marked tree); thence North 82 degrees 54 minutes 20 seconds West 1168.97 feet to a stake; thence North 05 degrees 42 minutes 50 seconds East 1518.24 feet to the center line of State Road 1727; thence along and with the center line of State Road 1727 North 81 degrees 26 _minutes 40 seconds East 532.00 feet; thence continuing along State Road 1727 North 89 degrees 37 minutes 10 seconds East 636.83 feet; to the point and place of BEGINNING; and being Parcel # 3 of the Annie M. Pegram Estate, N.C. National Bank, Executor, as surveyed by George C. Love, Jr., Registered Land Surveyor, 6 -1 -67, Recorded in Plat Book 15, Page 199, Orange County Registry, containing 43.963 acres. Tract Four BEGINNING at a point in the center line of State Road 1727 and running thence South 05 degrees 42 minutes 50 seconds West, 1518.24 feet to a stake; thence North 82 degrees 54 minutes 20 seconds West 400 feet to a stake; thence North 79 degrees 45 minutes 20 seconds West 280.76 feet to a stake; thence North 81 degrees 25 minutes 40 seconds West 489.59 feet to a stake; thence North 07 degrees 40 minutes 20 seconds East 1161.92 feet to the center line of State Road 1727; thence along and with the center line of State Road 1727 North 74 degrees 45 minutes 40 seconds East 133.53 feet; thence continuing along and with the center line of State Road 1727 North 81 degrees 26 minutes 40 seconds East 1035.31 feet to the point and place of beginning, and being Parcel # 4 of the Arnie M. Pegram Estate, N.C. National Bank, Executor, as surveyed by George C. Love, Jr., Registered Land Surveyor, 6 -1 -67, Recorded in Plat Book 15, Page 199, Orange County Registry, containing 35.548 acres. Article 2. The County hereby gives notice that the aforesaid property has been used as a sanitary landfill pursuant to Facility Permit No. 68 -01 granted by the Division which is Exhibit A to this Declaration. Article 3. The use of the property described in Article 1 above is restricted under the closure plan approved by the Division. Article 4. This Declaration shall run with and be appurtenant to the land and shall be binding upon the heirs, successors, and assigns of each record owner of the aforesaid property. When used in this Declaration, the singular shall include the plural, the masculine shall include the feminine and the neuter, and vice versa, as the meaning may require. IN WITNESS WHEREOF, the County has caused this instrument to be signed on the day and year first written above. ORANGE COUNTY, NORTH CAROLINA By: � Stephen H. Halkiotis Chair, Orange County Board of Commissioners ATTE Beverly A lythe Clerk to the Board of Commissioners NORTH CAROLINA ORANGE COUNTY I, a Notary Public of the County and State aforesaid, certify that Beverly A. Blythe personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal, this the day of q , 20 otary Public My commission expires: ] sg :orangecounty\landfilldec.sw.doc Exhibit A NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT FACILITY PERMIT NO: 68 -01 Part 1- Permit to Construct Date of Original Issue: May 5, 1982 Date Amended: October 7, 1993 New Facility Permit bate: June 26, 2000 Page 1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT 1646 MAIL SERVICE. CENTER, RALEIGH, NC 27699 MUNICIPAL SOLID WASTE LANDFILL FACILITY PERMIT ORANGE COUNTY is hereby issued a PERMIT to CONSTRUCT a MUNICIPAL SOLID WASTE LANDFILL FACILITY AND PHASE 4, located on Eubanks Road, near Chapel Hill, Orange 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.or the property map contaAed within the approved application. V James C. Coffey, Supervisor Permitting Branch Solid Waste Section i 1646 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699 -1646 401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605 PHONE 919.733 -4996 FAX 919 - 715 -3605 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED /10% POST - CONSUMER PAPER FACILITY PERMIT NO: 68 -01 Part 1- Permit to Construct Date of Original Issue: May 5, 1982 Date Amended: October 7, 1993 New Facility Permit Date: June 26, 2000 Page 2 ATTACHMENT 1 Approved Documents PART I: GENERAL FACILITY CONDITIONS 1. Solid Waste Permit 68 -01, Orange County Regional Landfill, Issued May 6, 1982. 2. Solid Waste Permit 68 -01, Orange Council Regional Landfill, Modified October 7, 1993. PART II: MUNICIPAL SOLID WASTE LANDFILL CONDITIONS 1. Orange Regional Landfill Permit Renewal Application, Permit No. 68 -01. Prepared for Town of Chapel Hill, North Carolina. Prepared by: Draper Aden Associates, Glen Allen, VA. May 19, 1997. Amended September 18, 1997. As revised through October 1997. 2. Drawings Titled: Orange Regional Landfill, Permit Renewal, Orange County, North Carolina. Prepared for Town of Chapel Hill, North Carolina. Prepared by: Draper Aden Associates, Glen Allen, VA. May 19, 1997. Amended September 18, 1997. As revised through October 1997. 3. Request for a Permit Modification to the Orange Regional Landfill, Permit 68 -01, DAA #6216 -30. Prepared by: Draper Aden Associates, Richmond Va. November 12, 1998. 4. Orange Regional Landfill, Permit 68 -01, Phase 4 Alternative Liner Permit Modification DAA # 6216 -44. Response to Comments. Prepared by: Draper Aden Associates, Richmond Va. April 3, 2000. 5. Orange Regional Landfill. Permit Modification Request- Exhibit D, Phase 4 Specifications. Revised April 3, 2000. Response to Comments. Prepared by: Draper Aden Associates, Richmond Va. April 3, 2000. FACILITY PERMIT NO: 68 -01 Part 1- Permit to Construct Date of Original Issue: May 5, 1982 Date Amended: October 7, 1993 New Facility Permit Date: June 26, 2000 Page 3 6. Drawings Titled: Orange Regional Landfill, Permit Renewal, Orange County, North Carolina. Prepared for Town of Chapel Hill, North Carolina. Prepared by: Draper Aden Associates, Glen Allen, VA. May 19, 1997. Amended August 14, 1998. As revised through May 2000. Sheets 3,4,8,9,13,15,16,19, 20 and 22 of 22. 7. Letter From Orange County to Solid Waste Section. Re: Orange Regional Landfill- Permit No. 68 -01, Request for Change of Designated Operator. April 17, 2000. 8. Permit Modification. Facility Permit 68 -01. Alternate Liner Demonstration. DAA Project No. 06216.30. Prepared for Town of Chapel Hill, North Carolina. Prepared by: Draper Aden Associates. Richmond, Virginia. November 1999. 9. Orange Regional Sanitary Landfill. Facility Permit 68 -01, Permit Modification. DAA Project No. 06216 -44. Prepared for: County of Orange, North Carolina. Prepared by: Draper Aden Associates. Richmond, Virginia. May 4, 2000. PART III: CONSTRUCTION AND DEMOLITION LANDFILL CONDITIONS 1. Amendment to Permit 68 -01, April 30, 1993, June 3, 1993. 2. Request for Permit Modification to Construction and Demolition Landfill, Permit No. 68 -01- Orange Regional Landfill. February 15, 2000 and December 3, 1999. Includes revised Final Contours Drawing. PART IV: LAND CLEARING AND INERT DEBRIS LANDFILL CONDITIONS (NOT APPLICABLE) PART V: YARD WASTE CONDITIONS 1. Amendment to Permit 68 -01, April 30, 1993. PART VI: MISCELLANEOUS TREATMENT AND PROCESSING FACILITIES CONDITIONS 1. Amendment to Permit 68 -01, January 16, 1992 FACILITY PERMIT NO: 68 -01 Part 1- Permit to Construct Date of Original Issue: May 5, 1982 Date Amended: October 7, 1993 New Facility Permit Date: June 26, 2000 Page 4 ATTACHMENT 2 PART I: GENERAL FACILITY CONDITIONS This permit shall be effective upon compliance with 15A NCAC 13B .0204 and when the certified copy with the page, book number, date of recordation, and Register's seal is returned to the Solid Waste Section (Section). 1 A. This permit approves the Facility Plan which, in accordance with 15 NCAC 13B .1619, defines the comprehensive development of the facility including the total municipal solid waste landfill capacity, the municipal solid waste stream, all onsite solid waste management facilities and related facility infrastructure. The approved plans are described in Attachment 1, "Approved Documents ", Part II. Where discrepancies may exist, the most recent approved submittal and Conditions of Permit shall govern. 2. This facility has an anticipated remaining total municipal solid waste disposal capacity of 805,600 cubic yards consistent with the approved final contours. Development of Phase 4 will be in accordance with the Division approved plans. 3. . The landfill is permitted to receive solid waste generated from within Orange County, consistent with local government waste management plan(s), and as defined in 15A NCAC 13B .0101(36), except where prohibited by North Carolina General Statutes Article 9 of Chapter 130A, and rules adopted by the Commission for Health Services. 4. This facility is subject to the requirements of all applicable sections of the most recent version of the North Carolina Solid Waste Management Rules, 15A NCAC 13B and the specific conditions contained herein. 5. This facility shall conform to the specific conditions set forth in this permit and the provisions of 15A NCAC 13B .1604(b)(2). 6. This facility permit is issued under the criteria set forth in 15A NCAC 13B.1603(a)(5), and .1603(a)(1)(D). Any facility changes that effect the criteria established in 15A NCAC 13B.1603(a)(1) may require a new permit. 7. Orange County shall submit an amendment to this permit pursuant to 15A NCAC 13B. 1 603(a)(2) for any subsequent phase of development. FACILITY PERMIT NO: 68 -01 Part 1- Permit to Construct Date of Original Issue: May 5, 1982 Date Amended: October 7, 1993 New Facility Permit Date: June 26, 2000 Page 5 FACILITY CONSTRUCTION CONDITIONS 8. Orange County shall conduct a preconstruction meeting, on site, prior to initiating construction of any unit /cell at the site and shall notify the Solid Waste Section 10 days prior to said meeting. 9. Construction of all solid waste management units within this facility shall be in accordance with the pertinent approved plans and only for those phases of development approved for construction as described in Attachment 1, Part II, "Approved Documents ". 10. Additional conditions and revisions of the approved documents or changes during construction of any landfill unit /cell require approval by the North Carolina Solid Waste Section. 11. Any modifications in sedimentation and erosion control activities require approval by the Land Quality Section. The Section shall be notified of any sedimentation and erosion control modifications. FACILITY PRE - OPERATIVE CONDITIONS 12. Prior to receiving waste at any new cell or subcell of this facility, a Permit to Operate, must be obtained from the Solid Waste Section in accordance with 15A NCAC 13B .0201(b). 13. The following requirements shall be met prior to waste disposal for any new cell or subcell of this facility: a. Site preparation shall be in accordance with the approved plans, and the conditions specified herein. b. Site inspection shall be made by a representative of the Solid Waste Section. C. Prior to waste disposal for any cell, a pre- operative meeting shall be held on -site with key landfill personnel and representatives of the Solid Waste Section. PART II: MUNICIPAL LANDFILL UNIT SPECIFIC CONDITIONS PRE - OPERATIONAL CONDITIONS 1. Ground water monitoring wells and surface water sampling locations shall be sampled for the Appendix I constituent list prior to issuing the Permit to Operate. FACILITY PERMIT NO: 68 -01 Part 1- Permit to Construct Date of Original Issue: May 5, 1982 Date Amended: October 7, 1993 New Facility Permit Date: June 26, 2000 Page 6 CONSTRUCTION CONDITIONS 2. The owner's geologist shall examine the cell excavation and note any pertinent geologic features exposed during the construction process and shall notify the Solid Waste Section Hydrogeologist of these findings prior to the placement of any liner materials. 3. The owner's geologist shall be in the field to supervise all well installations. Any modifications to the approved water quality monitoring plan require approval by the Section Hydrogeologist. Documentation of all changes to the approved plan shall be submitted with the well construction records. 4. For each monitoring well constructed, a well construction record, well schematic, boring log and a description of well development activities shall be submitted to the Section within 30 days upon well completion. PART III: CONSTRUCTION AND DEMOLITION DEBRIS UNIT SPECIFIC CONDITIONS 1. This permit approves the vertical expansion of the approved construction and demolition debris landfill from approximately contour elevation from 533 + or -, to approximately 553 + or -. PART IV: LAND CLEARING AND INERT DEBRIS UNIT SPECIFIC CONDITIONS (NOT APPLICABLE) PART V: YARD WASTE UNIT SPECIFIC CONDITIONS (NOT APPLICABLE) PART VI: MISCELLANEOUS TREATMENT AND PROCESSING UNIT SPECIFIC CONDITIONS (Specify Unit Type) (NOT APPLICABLE) DAWPDOMINACTPEMORANGE \Phase 4 6801 A3 Permit to Construct.wpd CERTIFIED COPY OF SOLID WASTE PERMIT I do hereby certify that the attached PERMIT is an exact and true copy of Permit No. 68 -01. r;IJm2Qi CC mes C. Coffey, Sup s df Permitting Branch Solid Waste Section Division of Solid Waste Management County, North Carolina I, 13, U drA,-1F1gz_b , a Notary Public for said County and State, do hereby certify that James C. Coffey, of the Solid Waste Section, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the twenty -sixth (26) day of June, 2000. OFFICIALS '`• 3��STA{�i,���,,���, ��,,j, lei' '••.... e.••e _` v`♦, ♦♦ '� DUNTY� a``• a NOTARY PUBLIC My commission expires —,2001.