HomeMy WebLinkAboutAgenda - 06-05-2001-8wa
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 5, 2001
Action Agenda
Item No. ± H/
SUBJECT: Declarations of Restrictions on Landfill Pro ert
DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Declaration Document Gayle Wilson, Solid Waste, 968-2885
Administrative Code Provision Geoff Gledhill, Coun A ., 732-2196
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968.4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To satisfy a requirement of the State Administrative Code to denote that there has
been a transfer of ownership of the landfill property from the three governments that made up
the Landfill Owners Group (LOG) to Orange County alone.
BACKGROUND: A permit to operate the final Municipal Solid Waste (MSW) disposal cell has
been granted to Orange County. The permit must include a legal description of the site and a
certified copy of the permit must be filed in the Orange County Register of Deeds office. The
County Attorney has concluded that prior to filing the permit, the transfer of ownership matter
must also be resolved, as required by Administrative Code. Execution of the attached
declaration will ensure compliance with Administrative Code requirements.
FINANCIAL IMPACT: There will be no additional financial impact to the Solid Waste Enterprise
Fund relative this execution of the attached document. Financial obligations regarding design
and construction of the cell have already occurred. Long-term financial liability for the landfill
already exists.
RECOMMENDATION(S): The Manager recommends that the Board authorize the Chair to
sign the Declaration of Restrictions on Property - Transfer of Landfill Property document
subject to final review by staff and the County Attorney.
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 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
1 below; and
WHEREAS, the County by this Declazation 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 Cazolina 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,
fums 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.
,~.. The real property which is, and shall be, held, transferred, sold and
conveyed subject to the notation set forth in this Declazation is located on Eubanks Road
in Chapel Hill Township, Orange County, North Cazolina, and is more particulazly
described as follows:
BEGINNIl~IG 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
3
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 S 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 OS degrees 07 minutes 10 seconds West, 214S.S4 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 Pazcel # 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 OS degrees 07 minutes 10 seconds West 719.$1 feet to a stake; thence South OS
degrees O1 minute West 200 feet to a monument labeled control corner (Dukle Power
Company); thence South OS degrees O1 minute 30 seconds West, 825.38 feet to a stake
(by ~ 30 inch White Oak marked tree); thence North 82 degrees 54 minutes 20 seconds
West 1168.97 feet to a stake; thence North OS degrees 42 minutes SO 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 Pazcel # 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 S4 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 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 1 S, Page
199, Orange County Registry, containing 35.548 acres.
Article .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 Declazation.
Article 3. The use of the property described in Article 1 above is restricted under
the closure plan approved by the Division.
~~~,e 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 singulaz 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 instnument 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
ATTEST:
Beverly A. Blythe
Clerk to the Boazd 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
Boazd of Commissioners for Orange County, North Cazolina 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 Boazd of
Commissioners.
Witness my hand and official stamp or seal, this the day of ,
20
My commission expires:
Notary Public
Isg:orangecountyVandfilldecsw.doc
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fir.-~• NORTH CAROLINA DEPARTMENT O.
ENVIRONMENT AND NATURAL RESOURCE:
DIVISION OF WASTE MANAGEMEN'
FACILITY PERMIT NO: 6$-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 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,
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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 cant
within the approved application.
James C. Coffey, Supervisor
Permitting Branch
Solid Waste Section
1646 MAIL SERVICE GENTER, RALEIGH, NORTH. GARCLINA 57699-1641
401 CBERLIN RbAp, SUITE 150, RALEIGH, NG 2760:
PHONE 819-759-4996 FAX 919-~15-860:
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7
FACILITY PERMIT NO: 68-01
Part 1-Permit tv 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 Landfil/ 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 Regions/ Landfi//, Permit Renews/, Orange County,
North Caro/ins. 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 Regions/Landfill, Pem7it 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- Ezhibit D, Phase 4
Specifications. Revised April 3, 2000. Response to Comments. Prepared by:
Draper Aden Associates, Richmond Va. April 3, 2000.
FACILITY PERMIT N0: 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
fi. Drawings Titled: Orange Regions/ Landfi//, Permit Renews/, Orange Caunty,
North Caro/ins. 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;8,9,1.3,15,1 fi,19,20 and 22
of 22.
7. Letter From Orange County to Solid Waste Section. Re: Orange Regional
Landfill-Permit No. 6$-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 Regions/ 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 fib-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 fib-01, April 30, 1993.
PART VI: MISCELLANEOUS TREATMENT AND PROCESSING FACILITIES CONDITIONS
1. Amendment to Permit 68-01, January 16, 1992
9
FACILITY PERMIT N0: t38-01
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 1:
GENERAL FACILITY CONDITIONS
1. This permit shall be effective upon compliance with 15A NCAC 136 .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 (Sectianl.
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(sl, and as defined in 15A
NCAC 136 .01011361, 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, 7 5A 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 136 .1604(b1121.
6. This facility permit is issued under the criteria set forth in 15A NCAC 136.16031a1151,
and .1 fi03(a111)ID1. Any facility changes that effect the criteria established in 15A
NCAC 13B.1603(al(1) may require a new permit.
7. Orange County shall submit an amendment to this permit pursuant to 15A NCAC
136.1603(a)12) for any subsequent phase of development.
FACILITY PERMIT N0: 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 136
.0201(bl.
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, apre-operative meeting shall be held on-site
with key landfill personnel and representatives of the Solid Waste Section.
PART 11:
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.
11
FACILITY PERMIT NO: 68-01
Part 1-Permit to Construct
Date of Original Issue: May 5, 1982
bate Amended: October 7, 1993
New Facility Permit Date: June 28, 2000
Page t3
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 retards.
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)
D:\WPDOCS\INACTPER\ORANGE\Phase 4 6801 A3 Permit to Construct.wpd
1
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.
Q/YriP,Q, ~~
' mes C. Coffey, Sup s
' Permitting Branch
Solid Waste Section
Division of Solid Waste Management
(~y~,~~ County, North Carolina
I, ~, 0~ C~rA.~cii~cI~ , 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 (2fi) day of June, 2000.
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OFFICIAL S ~ ``~,J• STA/yc`'•.,
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NOTARY PUBLIC
My commission expires Em~~a~ , 200~i~.
.0204 RECORDATION OF LAND DISPOSAL PERNII'rS
(a) Whenever the Division approves a permit for a sanitary landfill or a facility for the disposal
of hazardous waste an land, the owner of the facility shall be granted both an original permit and
a copy certified by the secretary or his authorized representative. The permit shall include a legal
descriptian of the site that would be sufficient as a description in an instrument of conveyance.
(b) The owner of a facility granted a permit for a sanitary landfill or a facility for the disposal
of hazardous waste an land shall file the certified copy of the permit in the register of deeds'
office in the county or counties in which the land is located.
(c) The register of deeds shall record the certified copy and index it in the grantor index under
the name of the owner of the land.
(d) The permit shall not be effective unless the certified copy is filed as required under
Paragraph (b) of this Rule.
(e) When any sanitary landfill or a facility for the disposal of hazardous waste on land 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 ar
instrument a statement that the property has been used as a sanitary landfill or a disposal site for
hazardous waste and a reference by book and page to the recordation of the permit.
History Note: Statutory Authority G.S. 130A-294; E„~ April 1, 1982.
.0205 VARIANCES
Repealed e,~ecrive July 1, 1990 in accordance with G.S. ISOB-59(c).
Rules .0301-.0302 of Title 15A Subchapter 13$ of the North Carolina Administrative Code (T15A.13$ .0301 -.0302);
have been transferred and recodified from Rules .0301-.0302 of Title 10 Subchapter lOG of the North Carolina
Administrative Code (T'lO.lOG .0301 - .0302), effective Apri14, 1990.
.0301 APPLSCA'TION REQ
This Rule contains the information required for a permit application for each treatment and
processing facility. A minimum of three sets of the following information shall be required in
each application:
(l) Site and operation plans;
(2) An approval letter from the unit of local government having zoning authority over the azea
where the facility is to be located, stating that the proposed facility meets all of the
requirements of the local zoning ordinance, or that the site is not zoned; and
(3) Any other information pertinent to the proposed facility.
History Note: Statutory Authority G.S. 130A-294; Amended E„~' February 1, 1991.
Pa on 9