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Poplar Branch landfill given permit extension


Staff Writer

Tuesday, December 12, 2006

The owner of a landfill in lower Currituck, described by a neighbor as an eyesore, has been given another six months to fix permit violations at the site.

County Commissioners approved the permit extension for Racy Newbern IV's demolition landfill at a public hearing Monday.

The extension was opposed by Elizabeth City resident L.H. Banks, who owns property joining the landfill in Poplar Branch. Banks said Newbern's site was bringing down lower Currituck.

"This landfill must have been in the mind of the person who said lower Currituck is becoming the bowels of Dare County," Banks said.

He "took issue" with Newbern's claim that he was trying to clean up the landfill and get it into compliance.

"He's been saying for the last three or four years that it will take two years. ... Never could I envisage what this site has become. You have the opportunity to stop this ugly cancer growing and to remove it," Banks told commissioners.

Banks also said that Newbern's landfill was encroaching on his land.

In June 2005, the previous board of commissioners warned Newbern to clean up his demolition landfill saying they would not renew his special use permit unless he complied.

On Monday, Newbern requested a one-year extension to give him more time to comply with the permitting process that involves moving the Soundside Recycling Center 1,000 feet from U.S. Highway 158.

He said a "tremendous amount of work" needed to be done to achieve the move, but thought it could be done in 12 months.

Newbern said he'd had problems getting a storm water permit with the state.

"The last time I talked to the storm water person, he said 30 days. That was a month ago. They should be looking at my permit now, but I've heard they haven't even got to the permits that were submitted a month before mine," he said.

"I can't move forward with moving any materials until I receive my permit," he said.

Planning Director Sarah Keifer said the original application for a permit was awarded in 2000.

"More recently in December of last year the applicant came forward for a 5-year extension of that special use permit with a plan for the expansion of the use.

"The board at the time approved the 5-year extension and the expansion but they added a condition to that approval that the entire operation be moved away from Caratoke Highway," Keifer said.

Keifer said Newbern had attempted to comply with the condition and started to make applications to state agencies.

Keifer said Newbern had been "held up with the storm water application." She said planning staff visited the site two weeks ago and found a number violations. Staff did not take enforcement action because Newbern was "making progress" toward improving the site, she said.

Also, Keifer said Fire Marshall James Mims had requested an all-weather access to allow fire trucks to the site. But board chairman Barry Nelms said it made little sense to put in an improved fire access if the site had to be moved.

Commissioner Ernie Bowden said he could understand the frustration experienced by Newbern.

"I wouldn't like to be in your position. You are being hammered by the county, you are being hammered by the pubic, you are being hammered by the state," he said.

Bowden moved that the permit be given a six-month extension. Nelms added that the conditions should remain in "full force" during that period.

Commissioner Janet Taylor asked Newbern if he could stop debris overflowing on to Banks' property. He told her it would be done the next day.

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