15A NCAC 13B .1707       RECORDATION OF STRUCTURAL FILL FACILITIES

(a)  The owners of land where coal combustion by‑products have been utilized in volumes of more than 1,000 cubic yards shall file a statement of the volume and locations of the coal combustion by‑products with the Register of Deeds in the county or counties where the property is located.  The statement shall identify the parcel of land according to the complete legal description on the recorded deed, either by metes and bounds, or by reference to a recorded plat map.  The statement shall be signed and acknowledged by the landowners(s) in the form prescribed by G.S. 47‑38 through 47‑43.

(b)  Recordation shall be required within 90 days after completion of coal combustion by‑product fill project.

(c)  The Register of Deeds in accordance with G.S. 161‑14 shall record the notarized statement and index it in the Grantor Index under the name of the owner(s) of the land.  The original notarized statement with the Register's seal and the date, book and page number of recording shall be returned to the Division after recording.

(d)  When property with more than 1,000 cubic yards of coal combustion by‑products 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 used in the body of the deed or instrument a statement that coal combustion by‑products have been used as fill material on the property.

 

History Note:        Authority G.S. 130A‑294;

Eff. January 4, 1994.