HomeMy WebLinkAboutMerritt Complaint - Summary of Investigation 05-17-171
Staff from the RRO investigated the sites contained within the two bound written
volumes provided by Mr. Merritt to Tracy Davis, Director of DEMLR during his
office visit on May 5, 2017. The following information summarizes results of RRO
field investigations, including previous investigations conducted as a follow-up
to verbal information conveyed by Mr. Merritt prior to the May 5 office visit.
Bottom line: Sites were generally not in violation. Sites A and C may need
industrial stormwater permits and Site H has potential need for mining permit if
operation increases in size/scope of services. Site A is in Alamance County and
should be referred to WSRO for follow-up on the industrial stormwater issue.
4/28/17 - Merritt Sites G & H
Complaint of Mark Moldenhauer Landscaping grinding wood, crushing stone and
selling those materials unpermitted:
Diane Adams met Mark Moldenhauer of Mark Moldenhauer Landscaping at his
residence at 611 Lystra Estate Drive. He has two sites that he owns on Lystra
Road. The first site is an old gravel quarry at which he said he previously met John
Holley when he first purchased the land to assist him regarding required permits. He is
grinding trees, for which he does have a permit through the state (confirmed with John
Patrow in waste management). He also has a sediment and erosion control plan for
his other activities on site issued by Orange County. He did appear to be screening soil
at the time of the visit. He stated he screens mulch. He is permitted as a treatment and
processing facility. No stone crushing is done on site. He had a small gravel stockpile
on site which appeared to be for road maintenance. His soil area was less than 1 acre,
but he was warned that he may need to pursue a mining permit if he expands. The total
expanse of property was stated to be 30 acres, which included his home. He had very
good sediment and erosion control measures on the site to include a small skimmer
basin. There is a lot of activity of different types going on at this site.
Mr. Moldenhauer’s other facility is a construction vehicle storage yard, which also had a
couple of gravel stock piles. This site was less than one acre.
4/28/17 - Merritt Site I
Complaint of Nelson Wall, M & W landfill selling loads of soil:
Diane Adams visited the site. Mr. Moldenhauer stated that the Nelson Wall site at 2151
Lystra road has not been active in a very long time. The owner had a stroke several
years ago and the operation was shut down. I visited the site. The area was grassed
(well vegetated) and the road, which did not appear to have had any vehicles on it for
some time, was grassed.
2
4/28/17 – Verbal only; site not included in two-volume report
The Arrington Dump site may have been a former “mine” site based on map and
direction information, also on Lystra road. Site was investigated by Diane Adams. It
would have been adjacent to Moldenhauer’s property. Mr. Moldenhauer said an area
had been mined from there illegally by the previous owner, but was then filled back in. I
did not observe any contaminants and more specific information on the site location and
where the leaching was occurring would be helpful to positively confirm my findings.
4/28/17 – Verbal only; site not included in two-volume report
Briar Chapel development is selling soil to others without a permit:
Diane Adams visited was Briar Chapel development in Chatham County. They report
they are not selling soil but transporting it to another one of their sites, which is also
permitted.
5/10/17 – Merritt Site O
ZR Chatham LLC
Diane Adams and Kat Marciniak investigated this site as a possible active mine site.
However, there is no activity going on at this site. Photographs taken. The site may
previously have been a mine/quarry, but is now reclaimed and adequately vegetated.
There is no access road to the site and housing development is occurring on adjacent
property.
ZR Chatham site
5/10/17 – Merritt Site N
3
Bennett site complaint:
Diane Adams and Kat Marciniak investigated this property located off Damascus church
Road in Chapel Hill, NC. There is no visible hauling in the area. There are two parcels
here, both are less than one acre, but again, no activity was observed. It is densely
wooded and former clearing area is now covered in young pines.
Bennett (Damascus Church Road) site
5/10/17 – Merritt Site E
William Rives- 1516 old Lystra Road complaint:
Diane Adams and Kat Marciniak investigated this site. This property was probably used
for stock pile of soil and perhaps some small processing of rock. The area affected is
less than one acre. William Rives is now deceased. At the time of the site visit, Brett
Thompson was working on the stock pile. He has been hired by Rives family to clean
up the parcel for sale. He was advised not to exceed one acre of disturbance. No
problems were noted. Pics were taken.
4
William Rives Site pic 1
William Rives Site pic 2
5/11/17 – Merritt Site F
Pipeline Utilities (983 Old Lystra Road) complaint:
Diane Adams and Kat Marciniak investigated the complaint. This property is owned by
David Moser. It may have been used for processing sand at one time, but is now well
vegetated and inactive. Pics were taken.
5
Pipeline Utilities site pic 1
Pipeline Utilities, pic 2
5/11/17 – Merritt Site J
Alan Stone Borrow Pit complaint
Kat Marciniak and Diane Adams visited this site. It is a permitted LCID site. The site
has permits through solid waste and land quality; permits were posted. An approved
sediment and erosion control plan issued by Land Quality certificate of approval was
posted. The site had sediment and erosion control measures in place, visual screening,
perimeter posting and had no problems noted. Pics were taken.
6
Alan Stone site pic 1
Alan Stone pic 2
7
4/28/17 – Merritt Site B
Melvin Parrish Dump
A soil pile was found with inert debris piled around and possible within the pile. In
addition, a small stump dump was observed. We looked for stream impacts but I found
no stream that could be polluted from the dump. I contacted Solid Waste, John Patron,
and he was familiar with the site. He said there have been many complaints about the
site but they have investigated the site a number of times and there are no issues. He is
allowed to dispose of inert debris and they have what is called a notification to collect for
the stumps. They can collect the stumps but they are required to grind them
periodically.
Conclusion: I saw no Land Quality issues. Solid Waste has no issues and there is no
stream impacted.
4/28/17 - Merritt Site M
Womble Farm Dam
We drove all over the farm and located two ponds. Both ponds had no fill material on
the dam or in the pond. There were homes all over the farm and we knocked on every
door with no response from anyone. We feel confident we covered the entire farm.
Conclusion: There is no violation related to the pond or dams related to soils or anything
else at this site.
4/28/17 – Verbal only; site not included in two-volume report
DOT project in Carrboro on Greensboro Street:
I spoke to the general Superintendent, Mike Wehrle, with Fred Smith Co. I asked him if
the soil he was using comes from a permitted site. Mr. Wehrle said the soil comes from
another permitted project of his, Brier Chapel Development, one of the sites on the list
that Diane visited. I also spoke to their soil scientist, Graham Johnson, with ICA and he
confirmed that the proctors have been taken for all the soils used. Mr. Wehrle
mentioned that they were going to buy soil from the Merritt’s but they wanted to much
money for the soil and that they were extremely mad that they did not use them.
Conclusion: Both sites are permitted by the same company they are just using soil from
one site on the other. Proctors have been taken for all soils used. No problems
5/10/17 – Merritt Site A
John H Wilson
6136 N. NC 49 Hwy
Mebane, NC 27302
8
AST’s inside of secondary containment need either a valve on the outlet, a lock on the
outlet or both. Additional AST’s on site need secondary containment or to be removed
all together.
There is a large mulch pile that was shredded on site.
There is a large pile of surge stone that was crushed elsewhere and hauled on site.
There are buckets and barrels in the scrape pile that should be separated capped and
placed under a shelter until they are disposed.
There is a fill area on the West side of the property that measures approximately
150X150 or 22,500 sq. ft. that should be stabilized.
Conclusion: The facility needs to make the improvements listed above and should apply
for an Industrial Storm Water permit and follow the requirements of that permit.
9
10
11
12
5/10/17 – Merritt Site C
JV Brockwell Trucking
8821 Old NC 86
Chapel Hill, NC 27516
The secondary containment for the 1000 gallon AST needs a lockable valve and the
additional 1000 gal. AST needs secondary containment or to be removed from the site.
Jody Roberts (the owner’s son) said they would remove the additional tank.
Mulch is manufactured on site and some is dyed on site.
Dye drums should be stored under cover away from precipitation.
Conclusion: The site needs an Industrial Storm Water permit and follow the
requirements of the permit
13
14
15
16
5/10/17 – Merritt Site D
Mellott Trucking
Ferguson Road
Chapel Hill, NC
The site consisted of an overgrown bone yard. Equipment and materials are scattered
around the site. No Issues found
17
18
5/10/17 – Merritt Site K
Weldon Horton
3908 Hamlet Chapel Road
Pittsboro, NC 27312
Hole dug on the back side of the property that has grown over with pine trees. No issue
found
19
5/10/17 – Merritt Site L
Baldwin
Farrar Drive
Chapel Hill, NC 27516
20
It appears at one time there was a dump in the area because there is a sign that states
“No dumping by court order. Other than 2) abandoned trailers with trash strewed in what
once was the front yard, we could find no dump site. There is a field behind one of the
trailers and a cut over adjacent to the same trailer. No problems found.
21
22