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HomeMy WebLinkAbout20201124_F-EmoryBOARD OF Frank Emory, Chairman Charlie Dun, Jr., Vice -Chairman Michael Haddock, Commissioner Sondra ]pock Riggs, Commissioner James Harper, Commissioner April Aycock, Commissioner Charlie Gray, Commissioner November 20, 2020 Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Qualify 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 Rrf171NIr7-'D 1110U 2 4 2020 DENR-LAND QUALIT`! STORNTWATER PERMITTING Re: Application for Surface Mining Permit, 540 Scott Farm Lane, Pollocksville, Jones County To whom it may concern: I am writing on behalf of the Jones County Board of Commissioners to request that the Department hold a public hearing, pursuant to N.C. Gen. Stat. 74-51(c), to hear comments from Jones County citizens and other interested parties relating to the application for new surface mining permit referenced above. The proposed sand mine project will be located near a residential area, and numerous residents have contacted our Board members to express concerns about the possible impacts of the project. These possible impacts include, but are not limited to: traffic increases, declining property values, visual impacts from the destruction of natural landscaping, air pollution, groundwater contamination, surface water contamination, noise, structural foundation damage from any blasting that may occur, and the potential increase in the scale of the project. Additionally, our Board received communications from residents located near the proposed mine project expressing concerns that the applicant previously demonstrated a failure to comply with applicable regulations in a previous project. One resident forwarded to our attention a February 23, 2017 Facility Compliance Inspection Report which I attached to this letter. It is important to our Board that our citizens have the opportunity to voice their concerns to the Department and to receive information about any measures that will be taken to alleviate their concerns. I respectfully request that you afford our citizens this opportunity. Sincerely, Frank Emory ry Chairman, Jones County Board of Commissioners 418 Hwy 58 North, Unit A o Trenton o North Carolina o 28585 o Phone: (252) 448-7571 o Fax: (252) 448-1072 o www.jonescomttync.gov FACILITY COMPLIANCE INSPECTION REPORT Waste Management ENVIRONMENTAL QUALITY Division of Waste Management Solid Waste Section UNIT TYPE: Lined LCm X YW Transfer Compost SLAS COUNTY:Onslow MSWLF PERMIT NO.: 67A-LCID- Closed HIIW While Incin T&.P F" MSWLF goods FILE TYPE: COMPLIANCE CDLF TiTeTaLPi Tire Industrial DEMO SDTF Collection Monotill I I Landfill Date of Inspection: 15 February 2018 FACILITY NAME AND ADDRESS: Morton Trucking Company LCID Landfill Highway 17 Jacksonville, NC Date of Last Inspection: 23 February 2017 GPS COORDINATES: N: 34.79724 E:-077.35295 FACILITY CONTACT NAME AND PHONE NUMBER: Tim Morton 910.346.9068 FACILITY CONTACT ADDRESS Morton Trucking Company 121 Garnet Lane Jacksonville, NC 28546 Attn: Tim Morton E-mail: tmortonAbizec.rr.com PARTICIPANTS: Tim Morton; Morton Trucking Company Ray Williams; NCDEQ-Solid Waste STATUS OF PERMIT: Active; Permit to Construct (PTC) Phases A, B, and C (Lateral Expansion Area) and Permit to Operate (PTO) Vertical Expansion issued 21 August 2013, expires 22 August 2018. A complete permit review request including updated Facility, operations, and waste screening plans is due on or before 21 February 2018. This request must comply with the Rules and Regulations in effect at the time of the application. PURPOSE OF SITE VISIT: Comprehensive Facility Compliance Inspection STATUS OF PAST NOTED VIOLATIONS: 1) 15A NCAC 13B .0566 (1) states "Operational plans shall be approved and followed as specified for the facility." RESOLVED 2) 15A NCAC 13B .0566 (4) states "Adequate soil cover shall be applied monthly, or when the active area reaches one acre in size, whichever occurs first" RESOLVED 3) 15A NCAC 13B .0566 (5) states "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." RESOLVED 4) 15A NCAC 13B .0566 (6) states "Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site erosion." UNRESOLVED FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section 67A INS P 0180? 15 Page 2 of 3 5) 15A NCAC 13B .0566 (7) states "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." UNRESOLVED OBSERVED VIOLATIONS: 6) 15A NCAC 13B .0566 (1) states "Operational plans shall be approved and followed as specified for the facility." 7) 15A NCAC 13B .0566 (6) states "Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site erosion." 8) 15A NCAC 13B .0566 (7) states "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." Please see the ADDITIONAL COMMENTS section below for details concerning the violations listed above. The item(s) listed above were observed by Section staff and require action on behalf of the facility in order to come into or maintain compliance with the Statutes, Rules, and/or other regulatory requirements applicable to this facility. Be advised that pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid Waste Laws, Regulations, Conditions of a Permit, or Order under Article 9 of Chapter 130A of the N.C. General Statutes. Further, the facility and/or all responsible parties may also be subject to enforcement actions including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and any such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules. ADDITIONAL COMMENTS: 1) This Facility is a Land Clearing and Inert Debris (LCID) Landfill. 2) This Facility is recorded with the Onslow County Register of Deeds at: Book #1094; Page #778. 3) This Facility is permitted to receive land clearing waste, yard trash, untreated and unpainted wood, uncontaminated soil, and inert debris such as unpainted rock, brick, concrete, and concrete block. 4) This Facility is secured by means of a locked gate at the Facility entrance. 5) Proper signage is posted at the Facility entrance listing the Facility contact name and telephone number, accepted waste types, and hours of operation. 6) This Facility maintains a perimeter access road around the toe of the landfill for maintenance and site inspection. The perimeter access road is being well maintained at this time. 7) The Facility access road is of all-weather construction and is being maintained in overall good condition. 8) The permitted disposal area has been marked to identify the permitted landfill footprint. 9) The waste type in the landfill was reviewed. The waste type being disposed is LCID waste only. 10) This Facility is currently operating with one active working area. All disposal operations have been restricted to the primary disposal area and the secondary disposal area is in the process of being capped. *Please continue workingto o compact, cover, and close the secondary working areas and ensure that this Facility operates with only one active working 11) Soil is stockpiled in an area adjacent to the working face for use in cover and grading activities. 12) The active working area appears to be covered monthly as required. *Please continue ensure that all waste is covered with one foot of suitable soil monthly, or when the active working area reaches one acre in size, whichever comes first. 13) The outside slopes in the inactive areas of the landfill have been covered and graded. *As per our conversation, please seed and mulch all newly covered areas to establish a groundcover suitable to prevent erosion of your landfill cap system. 14) Most of the small trees and other woody vegetation noted in the previous Facility Compliance Inspection Report as having been established on the outside slopes have been removed. *Please continue working to remove all woody vegetation and small trees from the landfill cap system. Facility Personnel were on -site working to clear the remaining vegetation from the outside slopes during this Facility Compliance Inspection. FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section 67A IN.YP 101.NOII� Page 3 of 3 s toe 15) Portions of the outside slopes were lacking sufficient cover to prevent the erosion of your landfill cap system. *Please continue working to repair these sparse areas by seeding and mulching to establish a groundcover suitable to prevent erosion of your landfill cam sy tem. ^71 16) Grading and drainage improvements around the toe and the outside slopes of the landfill are ongoing. 17) *Corrective measures are required as a result of this Facility Compliance Inspection Report. Please contact me if you have any questions or concerns regarding this Facility Compliance Inspection Report. Digitally signed by Ray Ray Williams Williams Date:2018.02.19 15:26:50-05'00' Ray'Widiiams: EnvimmnentaCSentorSpeciafut Phone: 252.948.3955 E-mail: ray.williamsna.ncderingov Regional Representative Delivered on: 19 February 2018 by X Electronic delivery US Mail Certified No. L j cc: Andrew Hammonds; Eastern District Supervisor/SWS: andrew.hammonds(?a,nedenr.gov D Scott Bost; Onslow County Solid Waste Director: scoff bost(a)onslowcountync.gov C: \2018\Onslow\Facilities\67A\Inspection\67A_INSP_20180215 NCDEQ DWM Laserfiche Online Document Management System: htm://edws.deg.nc.eov/WmteManagementtWelcome.aspx mA Go Greenl Thank you for helping NCDEQ be environmentally responsible.