41J_HeritageFarmsLCIDLF_PermitMod_finalApp_FID1257226_20181029

1
Chao, Ming-tai
From:Chao, Ming-tai
Sent:Tuesday, September 18, 2018 4:36 PM
To:'Mark Doggett'
Cc:Gary Swing; 'Gene Mustin'; 'Tim Benbow'; Patrone, John
Subject:Comments on Heritage Farm Properties, LLC, MAJOR LCID PERMIT 41J-LCID-2010
PHASE 2 REVISED
Dear Mr. Doggett:

FID 1254638

On September 12, 2018, the Solid Waste Section (the SWS) received an e-mail message, prepared on your
behalf by Tim Benbow, Borum, Wade, and Associates, P.A. (BWA), regarding the revision of phasing plan at
Heritage Farm Properties LLC LCID Landfill, Permit No. 41J-LCID-2010. A set of drawing drawings – Cover
Sheet & Sheet 1 through Sheet 6 of Sediment and Erosion Control Plan approved by Guilford County Planning
and Development Department on January 11, 2018 is attached to the September 12, 2018 email message. Per
NCGS 130A-294(a3)(3), this e-mail message and attached drawings are considered as a permit application (FID
1254610) for requesting an approval of the permit modification to the Permit To Construct and Operate (DIN
25336) dated December 10, 2015.

After conducting a review of the permit application, the SWS has some comments on the application; your
proper responses to the comments and providing the requested information will assist the SWS in processing of
the permit review in an effective and efficient manner.
1. Please provide the extent (in acreage) of the permit LCID Landfill as shown on Plan Sheet No. 1.

2. Please provide the requested info below which will be incorporated into the new permit if the permit
application is approved.
The waste capacity and waste footprint of each landfill phase.
Phase Gross Capacity (Cubic yard) Waste Footprint (Acre)
1
2
Notes:
a. Gross capacity for each phase is defined as the volume of the landfill calculated from the
elevation of the initial waste placement through the top of the final cover, including any
periodic cover.
b. The waste footprint of Phase 2 shall exclude the required stream buffer areas and skimmer
basins as shown on Plan Sheet Nos. 2 & 3.

3. As shown Plan Sheet Nos 2 & 3, there is landfill titled as T.B. Doggett Construction Company Doggett
Demolition Landfill, Permit Number 654. Please provide the following information of this landfill:
i. The status of this above-mentioned landfill including the ownership, the operation history (date
for started receiving permitted waste for disposal and date for final closure), the acreage of the
waste disposal unit, the in-place waste volume (in cubic yard), the minimum lateral distance
from this disposal unit to the active LCID landfill.

2
ii. Is this the demolition landfill located on Tax Map 1-37, block 850, parcel 24 and permitted by
Guilford County?

iii. The waste boundary of this landfill must be shown the Site Plan drawing.

iv. The copy of this landfill permit.

4. Per Rules 15A NCAC 13B .0564(8)(d) & .0565(1)(c), wastes in the landfill shall be placed a minimum
of four feet above the seasonal high-water table. Please provide the following info or report (s) in
addition to providing the descriptions/conclusions of how to determine the proposed landfill base
grades/elevations at Phase 2 as shown on cross-sections on Plan Sheet No. 6.
i. A copy of the soil boring logs for Borehole B-1 through Borehole B-6 as shown on Plan Sheet
No. 6.

ii. What is the highest water level in the unnamed tributary that is excluded from the proposed
landfill unit- Phase 2? Please provide the copy of the referenced document(s).

iii. What is the emergency spillway elevation of the lake (Existing Lake Permanent Detention Lake)
as shown on Plan Sheet No. 1?

5. Per Rule 15A NCAC 13B .0565(3)(k), please show the soil borrow locations for the landfill operations
and final cover construction on the site plan drawing.

6. Per Rules 15A NCAC 13B .0566(14) & .0565(3)(l), the operation plan must address how to
eliminate/prevent the wetlands/unnamed drainage features/tributary draining to the Haw River,
immediately adjacent to the disposal unit as shown on Plan Sheet Nos. 2 & 3, from contaminations -
such as leachate or windblown debris in the courses of the waste operations. Per NCGS 130A-
290(a)(16a), "leachate" means a liquid that has passed through or emerged from solid waste and contains
soluble, suspended, or miscible materials removed from such waste. If the drainage swale, earthen berm
or other BMPs will be used to comply with Rules 15A NCAC 13B .0566(10), (11) & (14), each BMP
location must be properly depicted and shown on the site plan or drawing sheet.

7. Per Rule 15A NCAC 13B .0564(6), a landfill shall not be located in any wetlands as defined in the
Clean Water Act, Section 404(b). Wetlands are identified and shown on drawing Plan Sheet No.
2. Please provide the approved document or documents with drawings to demonstrate the identified
wetlands are delineated by the U.S. Army Corps of Engineers (USACE).

8. The SWS record showed that Homer Wade with Borum and Associates, Inc. made a request to the
USACE of approval of installing a pipe underneath a landfill, owned by Mark Doggett, over an 800-
foot-long, 2 to 6-foot-wide portion of the unnamed tributary to the Haw River. The Nationwide Permit
No. 26 was issued on November 25, 1987 with permit conditions for this project. Please describe the
project location and status. The as-built information of this pipe including pipe size & material,
location, and profile (relative to the landfill base elevations) must be provided to the SWS.

9. According to the approved Operation Plan (DIN 25394) and the August 24, 2018 Facility Compliance
Inspection Report, several Miscellaneous Waste Management Units (MWMUs) are operating at the
landfill facility; these MWMUs are units for stockpiling waste concrete/concrete products and used
3
asphalt, and a unit for conducting passive compost. Please provide the following info of above-
mentioned MWMUs:
i. The extent (in acreage) of each unit; the location of each unit must be shown on the drawing/site
plan.

ii. The maximum size (volume or tonnage) of each unit (both unprocessed and processed wastes) at
any time.

iii. For operating the passive compost unit, the following requirements must be added to the
operating plan.
a. High nitrogen vegetative wastes/yard trash (such as brush, leaves or grass cuttings) shall not
be composted at this unit. Only low nitrogen vegetative wastes/land cleaning debris (LCD) –
such as tree trucks and limbs can be permitted stockpiled at this unit.
b. The size of stockpiles or windrows must be approved by the Summerfield Fire
Department. The minimum fire isles between stockpiles or windrows must be 25 feet or the
clear distance approved by the Summerfield Fire Department.
c. The unit must have a minimum buffer of 25 feet away the property lines, the landfill disposal
units, or any drainage features.

iv. The narratives adding to the Operation Plan specify that operations at these MWMUs must
follow NCGS 130A-309.05 (c):
In order to qualify as a “recovered material” as defined in NCGS 130A-290(a)(24), the material
shall be managed as a valuable commodity in a manner consistent with the desired use or end use,
and all of the following conditions shall be met:
a. Seventy-five percent (75%), by weight or volume, of the recovered material stored at a facility
at the beginning of a calendar year commencing January 1, shall be removed from the facility
through sale, use, or reuse by December 31 of the same year.
b. The recovered material or the products or by-products of operations that process recovered
material shall not be discharged, deposited, injected, dumped, spilled, leaked, or placed into or
upon any land or water so that the products or by-products or any constituent thereof may enter
other lands or be emitted into the air or discharged into any waters including groundwaters, or
otherwise enter the environment or pose a threat to public health and safety. Facilities that
process recovered material shall be operated in a manner to ensure compliance with this
subdivision.
c. The recovered material shall not be a hazardous waste or have been recovered from a hazardous
waste.
d. The recovered material shall not contain significant concentrations of foreign constituents that
render it unserviceable or inadequate for sale, or its intended use or reuse.

10. The Closure Requirements of a LCID Landfill described on Plan Sheet No. 5 are not adequate. Please
add the additional rule requirements to the note field of “The Closure Requirements of a LCID
Landfill”:
i. Rule 15A NCAC 13B .0566(5) - 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 to correct any condition which is or may become injurious to
the public health, or a nuisance to the community.

4
ii. Rule 15A NCAC 13B .0566(7) - 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 contact myself if you have any question of the above-mentioned comments.

From: Tim Benbow <[e-mail]>
Sent: Wednesday, September 12, 2018 10:50 AM
To: Chao, Ming-tai <[e-mail]>
Cc: 'Mark Doggett' <[e-mail]>; Gary Swing <[e-mail]>; 'Gene Mustin'
<[e-mail]>
Subject: [External] Heritage Farm Properties, LLC, MAJOR LCID PERMIT 41J-LCID-2010 PHASE 2 REVISED

CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
Report Spam.

Hello Ming-Tia, Please see attached plans for the above mentioned project. We have revised the plans and combined
Phase 2 and 3 from the original plans. There will now be only 2 Phases to this site. This plan has been approved by
Guilford County and The Town of Summerfield as far as site plan and erosion control. Please contact me with any
questions or any further information that you may need in order for us to proceed into Phase 2. Phase 1 will be
completed within the next 25 to 30 days.
Thank you,

Tim Benbow

Tim Benbow
Borum, Wade and Associates, P.A.
621 Eugene Court, Suite 100
Greensboro, NC 27401
Phone: [phone] x 113
Fax: [phone]
Email: [e-mail]
Website: borum-wade.com
Ming-Tai, Chao
Environmental Engineer, Solid Waste Section
Division of Waste Management
North Carolina Department of Environmental Quality
919.707-8251 (Office)
[e-mail]
5

1
Chao, Ming-tai
From:Gary Swing--Doggett Constructi <[e-mail]>
Sent:Wednesday, October 17, 2018 2:04 PM
To:Chao, Ming-tai; Patrone, John
Cc:[e-mail]; DOGGETT CONSTR.
Subject:[External] Fw: Heritage Farm permit modification 2 of 3
Attachments:SCALESVILLE LCID REVISED 10-16-18 NCDEQ.pdf; image001.jpg
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>

2 of 3

Gary Swing Vice-President Doggett Construction Co., Inc. 2124 Scalesville Road Summerfield, N.C. 27358 Cell: (336) 681-
3300 Office: [phone] Fax: [phone]

--- On Tue, 10/16/18, Tim Benbow <[e-mail]> wrote:

> From: Tim Benbow <[e-mail]>
> Subject: Scalesville Rd. LCID
> To: "'Mark Doggett'" <[e-mail]>
> Cc: "Gary Swing" <[e-mail]>, "'Gene Mustin'"
> <[e-mail]>
> Date: Tuesday, October 16, 2018, 11:36 AM Mark, Please contact me with
> any questions.
> Tim
> Benbow Tim BenbowBorum, Wade and Associates,
> P.A.621 Eugene Court, Suite
> 100Greensboro, NC 27401Phone: [phone] x
> 113Fax: (336)
> 275-3719Email:
> [e-mail]:
> borum-wade.com
>
1
Chao, Ming-tai
From:Gary Swing--Doggett Constructi <[e-mail]>
Sent:Monday, October 29, 2018 2:03 PM
To:Gary Swing--Doggett Constructi; [e-mail]; Chao, Ming-tai
Subject:[External] RE: comment on Heritage Farms Landfill revised operation plan
Attachments:heritage farm revised op plan iii.pdf
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>

see attached, if any other information is needed please contact us

Gary Swing Vice-President Doggett Construction Co., Inc. 2124 Scalesville Road Summerfield, N.C. 27358 Cell: (336) 681-
3300 Office: [phone] Fax: [phone]

--------------------------------------------
On Fri, 10/26/18, Chao, Ming-tai <[e-mail]> wrote:

Subject: RE: comment on Heritage Farms Landfill new submittal dated 10/17/18
To: "Gary Swing--Doggett Constructi" <[e-mail]>, "[e-mail]" <[e-mail]>
Date: Friday, October 26, 2018, 10:35 AM

Dear Mr. Swing:

I received your voice mail
around 2 pm on 10/25/18 and made a response call back to you this morning. After checking with the specialist
handling/managing compost facility, I would also suggest that you contact local (County) Conservation Service
regarding the operations of "Passive" compost facility. I believe the personnel/specialist in the Conservation Service
will provide more useful info and assist you in properly operating passing compost procedures as requested in Rule
.1406. I understand that passive compost will take your time and effort much less than operating an active compost
unit. The problem is that the inspector is very familiar to the "Active" compost processes and procedures and testing
protocol, but less familiar with passive one which, based on my experience, creates a lot of "noise" (another way to
describe dispute/disagreement of how to manage passive compost
unit.) I normally will consult the guidance issued by NC State University, State guidance, and state law and rule. By the
way, John Patron is no longer your inspector, and his position is open and waiting for a new recruit to fill in; so I have
no inspector can work with on this matter right now.

Additionally, you
current storm water permit for the landfill will be subjected to modification to incorporate the operation of Large Type
1 Compost Unit inside the landfill.

If you all agree, I believe
that you should try to operate a Small Type 1 Compost Unit instead. Unfortunately, the small type 1 unit can NOT be
placed over the closed disposal unit.

1. Waste Capacity is up to 6000 cubic yard per quarter.
Per Rule 15A NCAC 1402(h)(6) -
2
Small facilities are those that receive less than 1000 cubic yards of material for composting per quarter, and occupy
less than two acres of land, except that a Small Type 1 facility shall process or store less than 6,000 cubic yards of
material per quarter.

2. Per Rule 15A NCAC
1402(g)(3) - Small Type 1 Facilities meeting the following
conditions:
(A) Notification of the Solid
Waste Section prior to operation and on an annual basis as
to:
(i) Facility location;
(ii) Name, address and phone number of owner and operator;
(iii) Type and amount of
wastes received;
(iv) Composting process to
be used; and
(v) Intended distribution of
the finished product.
(B) Agreement to
operate in accordance with operational requirements as set forth in Rule and the setbacks in Rule
.1404(a)(1) - (9) of this Section.
(C)
Facility operates in accordance with all other state or local laws, ordinances, rules, regulations or orders.
(D) Facility is NOT
located over closed-out disposal site.
(E)
Safety measures are taken to prevent fires and access to fire equipment or firefighting services is provided.

3.
The small type 1 compost unit does not require a State Storm Water or NPDES permit Per NCGS 143-214.7(b).

Regarding waste operations, I
would also suggest that you should store/place the received wood, tree trunk, limbs into separate stockpiles/windrows
according to certain sizes and diameters. To do so, it will help you properly determine the time/frequency to turn
waste pile and process/grind the waste into manageable or marketable aggregate for mulch or compost. Please note
that when the stockpiled waste breaks down to small aggregate either by mother nature or machine, the unprocessed
or not decomposed large size woods/trunks shall be separately stockpiled from the processed/decomposed
aggregates. The stockpiles or windrows of the processed/decomposed aggregates (considered as interim product for
composting) SHALL BE MONITORED FOR TEMPERATURE according to Rule 15A NCAC 13B .1406(10) for satisfying
requirements of pathogen reduction. However, at your own discretion, you may want to conduct temperature
monitoring inside the waste stockpiles or windrows and products in curing period for preventing spontaneous
combustion or from becoming low quality compost due to high temperature
(>150 degree of F)

Should the final products (mulch or compost) have a non-marketable quality, these products will be considered as
waste (not counting as recyclables/recovered material). in compliance with NCGS 130A-295.05(c)(1) - seventy-five
percent (75%), by weight or volume, of the recovered material stored at a facility at the beginning of a calendar year
commencing January 1, shall be removed from the facility through sale, use, or reuse by December 31 of the same year
- you shall manage the waste by the following
approaches:
1. For on-site erosion/sediment
control material spreading over the final side slopes of the adjacent LCID landfill unit.
3
2. For haul
road surface improvement.
3. For stormwater
BMPs.
4. Other approaches PENDING APPROVAL
from the Solid Waste Section.

Please contact myself, if you have any
question.

Ming-Tai Chao,
P.E.
Environmental Engineer
Permitting Branch, Solid Waste Section
NCDEQ, Division of Waste Management
(Mailing Address)
1646 Mail
Service Center
Raleigh, NC 27699-1646
(Street Address)
Green Square,
217 West Jones Street
Raleigh, NC 27603
Tel. [phone]
[e-mail]
http://portal.ncdenr.org/web/wm/sw

E-mail correspondence to and
from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless
the content is exempt by statute or other regulations

-----Original Message-----
From: Chao, Ming-tai
Sent:
Wednesday, October 24, 2018 6:01 PM
To:
'Gary Swing--Doggett Constructi' <[e-mail]>; [e-mail]
Subject: comment on Heritage Farms Landfill new submittal dated 10/17/18

Gentlemen:

The
Solid Waste Section completes a review of the new submittal dated 10/17/2018 (FID 1256887) and has the following
requests:

A. The passive
compost unit is located on the top of the closed Doggett Demolition Landfill (41-87-2) as shown the Plan Sheet No. 2.
The unit encompasses an area less than one acre but has a maximum storage volume of 17,312 cubic yard (both
processed product and unprocessed wastes).
1.
4
According to Rule 15A NCAC 13B .1402(f)(1), the unit is classified as a Type 1 Facility which receives low nitrogen
vegetative waste/ land clearing debris - tree trunks or limbs or untreated/non-engineered woods.
2.
According to Rule 15A NCAC 13B .1402(f)(7), the unit is classified as Large Facility which receives more than 6,000 cubic
yard of material per quarter.

The items 1 & 2 are informing you that this unit will be classified as Large Type 1 Compost Unit/Facility. Please pay
special attention to the following items those are required your written responses in the Operations Plan dated
10/12/2018:

3. Per Rule 15A NCAC 13B .1404(a)(7), this compost facility/unit that is located over a closed-out disposal area shall be
designed with a pad adequate to protect the disposal area cap from being disturbed, as defined in Rule 15A NCAC 13B
.1404 (a)(10)(E) of this Rule, and there shall be no runoff from the pad onto the cap or side slopes of the closed out
area.

Rule 15A NCAC 13B .1404 (a)(10)(E) - The linear coefficient of permeability of pads required in accordance with this
Rule shall not be greater than 1 x 10(-7) centimeters
per second. If natural soils are used, the liner must be at least
18 inches thick.

ACTION ITEM - If you plan to
have the compost unit to be located in the place over the closed landfill unit, you must submit an engineering plan and
construction quality assurance plan (including wastes relocation plan, construction procedures, selected material to be
used for the pad, soil lab and field testing protocols of the pad construction) to demonstrate that the proposed
impermeable pad are properly constructed according to the engineering plan and rule requirements. Otherwise,
relocate this compost unit to other area within the landfill property. The new location of this compost unit must show
on the Plan Sheet.

4. The
operations plan must be REVISED according to the applicable requirements set forth in Rule 15A NCAC 13B .1406,
except
.1406(11) & (12). Pay special attention to the temperature monitoring requirements as stated in .1406(10). This
requirement of temperature monitoring shall be conducted when the self-combustion condition of the
stockpile/windrow is evident or warrants to be confirmed and the parthenogen reduction of the composting is
progressing.
The monitoring records must be documented and placed at landfill facility for an inspection/ an audit.

5. If the final product of
the passive composting will be sold to the general public, the Rules 15A NCAC 13B .1406(14) & .1407 must be followed.
The Operations Plan must detail the approaches.

B. For concrete
processing, screening, storage area. The units are located in the inactive Phase 1 of the LCID landfill. The Solid Waste
Section has no comment on this location at this time. But the concrete unit must be relocated to other area within the
landfill property when the Phase 1 reaches the final grades and installed a final cover system - a two-feet compacted
soil/earthen material as stated in "Closure Requirements of a LCID Landfill" on Plan Sheet No. 5. Please add this
requirement to the Operations Plan.

Please contact
myself, if you need further clarification of the above-mention requests/comments. Thanks.

Ming-Tai Chao, P.E.
5

Environmental Engineer
Permitting Branch, Solid Waste Section
NCDEQ, Division of Waste Management
(Mailing Address)
1646 Mail
Service Center
Raleigh, NC 27699-1646
(Street Address)
Green Square,
217 West Jones Street
Raleigh, NC 27603
Tel. [phone]
[e-mail]
http://portal.ncdenr.org/web/wm/sw

E-mail correspondence to and
from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless
the content is exempt by statute or other regulations.

-----Original Message-----
From: Gary Swing--Doggett Constructi <[e-mail]>

Sent: Friday, October 19, 2018 9:44 AM
To: Chao, Ming-tai <[e-mail]>; Patrone, John <[e-mail]>
Cc: [e-mail];
DOGGETT CONSTR. <[e-mail]>
Subject: [External] Fw: Heritage Farms Landfill email 3 of 3

CAUTION:
External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
Report Spam.<mailto:[e-mail]>

see attached
three emails to replace zipped file

Gary Swing Vice-President Doggett Construction Co., Inc. 2124 Scalesville Road Summerfield, N.C. 27358
Cell: [phone] Office: [phone] Fax: (336)
643-7358

--- On Fri, 10/19/18, derek urquhart <[e-mail]>
wrote:

> From: derek
urquhart <[e-mail]>
> Subject: Heritage Farms Landfill email 3 of 3 > To: "Gary Swing" <[e-mail]> > Date: Friday, October
19, 2018, 9:39 AM Items are attached