6013_GreenwayNorthMeckCDLF_20180328_ExtRequests_FID1087976

March 28, 2018
Ms. Jackie Drummond
Compliance Hydrogeologist Division of Waste Management - Solid Waste Section North Carolina Department of Environmental Quality Asheville Regional Office
2090 US Highway 70
Swannanoa, NC 28778 Dear Jackie:
Subject: North Mecklenburg C&D Landfill – Solid Waste Permit No. 6013
Greenway Waste Solutions of North Meck, LLC Revised Water Quality Monitoring Plan CEC Project No. 111-370.0001
On February 16, 2018, Civil & Environmental Consultants, Inc. (CEC), our client Greenway Waste
Solutions at North Meck, LLC (GWS), and NCDEQ Solid Waste Section (Section) representatives held a meeting at the Winston-Salem Regional Office to discuss compliance issues regarding GWS’s Solid Waste Permit No. 6013. The meeting attendees included Mike Griffin and John Brown of GWS; Scott Brown and Ed Stephens of CEC; and Jason Watkins, Adam Ulishney, and Jackie
Drummond (Jackie was on conference call) representing the Section.
CEC asked for this meeting to address GWS’s request to combine the currently separate water quality monitoring plans for the Closed Phase I Area & the Infill Area that comprise the landfill facility, and to re-establish the point of compliance monitoring wells to reflect the entire landfill facility based on
the intent of Rule 15A NCAC 13B .0544. A resolution of this request was important to the Section’s
review and determination of several pending documents including the Permit Modification
Amendment Application, the Updated Water Quality Monitoring Plan (WQMP), and the Assessment of Corrective Measures (ACM) Report. Section representatives indicated that the order of document submittals (thus also pending approvals) had not followed a logical sequence; therefore, the sequence
needed to be addressed foremost. It was therefore suggested by the Section and agreed by GWS that
we would justify our strategy to unify the currently separate landfill areas into one entity for monitoring purposes by providing a letter and a revised WQMP before submitting an updated ACM. On behalf of GWS, CEC prepared the requested letter and revised the WQMP then submitted these documents to the Section on March 1, 2018 for review.

On March 23, 2018, GWS received correspondence from the Section indicating their conditional approval of the monitoring plan modification mentioned above. The conditional approval was based on the pending revised ACM, the public participation process, the Section’s evaluation of the groundwater corrective action remedy, and other factors. Based on our meeting, and the Section’s
Ms. Jackie Drummond - NCDEQ
CEC Project 111-370.0001
Page 2 March 28, 2018

expressed desire to review submittals in logical sequence, we understood that no ACM should be
submitted until the WQMP had been approved. We understand the WQMP results will be used to
inform the structure of the ACM (not vice versa). Secondly, in the Section’s March 23, 2018 letter, it is stated that "To date, the Section has not received the revised document [ACM report], and the document is now past due". The March 19, 2018
deadline for submittal of the revised ACM was established prior to the February 16, 2018 meeting
during which the Section requested a logical sequence of document review, and that GWS justify its request to combine the currently separate landfill areas into one entity for monitoring purposes by providing a response letter and a revised WQMP. These documents were submitted to the Section on March 1, 2018 for review and approval. The Section’s response to our submittal was dated March
23, 2018. We understood the Section’s requests at the meeting to suspend the March 19 deadline for
revised ACM submission. We believe, therefore, the written allegation of a late filing in your March 23 letter is not justified. CEC, on behalf of GWS, has a track record of meeting deadlines for required regulatory submittals and this contention of a missed deadline seems to lay the groundwork for the Section to claim that GWS and CEC are not cooperating. This sort of regulatory response appears to
be vindictive.
We feel that the 10-day submittal deadline to revise the WQMP and the ACM report as specified in the Section’s March 23, 2018 letter is unreasonable, punitive, and capricious based upon the Section’s opinion that GWS is impeding the regulatory process as discussed above. We believe
that a 30-day deadline from the Section’s receipt of this letter is realistic, and is appropriate in
that the Section’s response to our March 1, 2018 submittal took 22 days, which suggests to us that the turnaround time for the requested submittal is not now urgent. Also, we continue to believe, as all agreed, that we should not submit a revised ACM report before review and approval of the updated WQMP.

We appreciate your consideration of our request for a deadline extension and look forward to your response. If you have any questions or need additional information, please feel free to contact me at [phone].
Sincerely,
CIVIL & ENVIRONMENTAL CONSULTANTS, INC.

Edward H. Stephens, P.G. Scott L. Brown, P.E. Project Manager Vice President

Ms. Jackie Drummond - NCDEQ
CEC Project 111-370.0001
Page 3 March 28, 2018

cc sent via email: Ed Mussler, Section Chief
Jason Watkins, Field Operations Branch Head Adam Ulishney, Environmental Compliance Branch Head Deb Aja, Western District Supervisor Teresa Bradford, Environmental Senior Specialist
Larry Frost, Permitting Engineer
John Brown, Griffin Brothers Ed Stephens, CEC, Inc. Scott Brown, CEC, Inc. Joe Hack, Mecklenburg County Solid Waste Management
Jack Simoneau, Town of Huntersville