CCB0053_RaceParkUSA_INSP_20191023

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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UNIT TYPE:
Lined
MSWLF LCID YW Transfer Compost SLAS COUNTY: Iredell
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: CCB0053
CDLF Tire T&P /
Collection Tire
Monofill Industrial
Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: January 23, 2019 Date of Last Inspection: January 8, 2019 (by DWR)

FACILITY NAME AND ADDRESS:
Race Park USA Structural Fill (aka Palisades at Water’s Edge Phase II)
Doolie Road South of Hwy 150 (approx. address 122 Doolie Rd)
Mooresville, NC 28117

GPS COORDINATES: N: 35.600443 W: -80.89964

FACILITY CONTACT NAME AND PHONE NUMBER:
William Ratchford, Southwood Realty, 704-915-2650

FACILITY CONTACT ADDRESS:
Triangle Real Estate of Gastonia, Inc.
165 South York Street
Gastonia, NC 28053

PARTICIPANTS:
Shawn McKee, NCDEQ, DWM – Solid Waste Section
Elizabeth Werner, NCDEQ, DWM – Solid Waste Section
David Giachini, NCDEQ, DWM – Solid Waste Section

STATUS OF PERMIT:
Not required - Coal Combustion Products Structural Fill constructed per 15A NCAC 13B .1700 Solid Waste Rules

PURPOSE OF SITE VISIT:
Comprehensive inspection to ensure that the Structural Fill Facility is in compliance with 15A North Carolina
Administration Code (NCAC) 13B. 1700, “Requirements For Beneficial Use Of Coal Combustion By-Products.”

OBSERVED VIOLATIONS:
15A NCAC 13B .1705 (j) All structural fills shall be covered with a minimum of 12 inches compacted earth, and an
additional surface six inches of soil capable of supporting native plant growth. At the time of the inspection on 1/23/19,
areas of coal ash were observed adjacent to open holes which were left after a subsurface investigation was conducted on
12/3/19-12/4/18. Additionally, ash that was exposed during the subsurface investigation and by other grading activities
on site, such as the construction of the fire access road, have allowed exposed ash to migrate into the onsite sediment
basin. Ash exposed during subsurface investigations and/or development of the property should be disposed of in a
lined landfill and the compacted earth cover be restored to a minimum of 12 inches plus six inches of soil capable
of supporting native plant growth. Photos of the filled borings were received by DEQ on February 21, 2019. An
updated grading plan is being developed by an engineering firm working for the property owner which will include a plan
to excavate the collected ash in the sediment pond, and regrading and restoration of the cover material on top of the
structural fill. This plan is expected to be submitted to the Iredell County Erosion Control Section for review on March 1,
2019.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 3

ADDITIONAL COMMENTS

1. The Division of Waste Management (DWM) received notification of the intent to construct the structural fill off
Doolie Road south of Highway 150, near Lake Norman High School in January 2001. The fill was constructed
between July and October of 2001.

2. Approximately 60,000 cubic yards of coal combustion products were utilized in the construction of the
structural fill. The structural fill operation was performed by the Ash Basics Company. The coal combustion
products were generated by the Duke Energy Marshall Steam Station. The property size is 13.72 acres with the
fill area at approximately 6 acres.

3. The designed end use of the site at the time DWM received notification of the structural fill was to be utilized as
Race Park USA, an entertainment facility. That end use was not constructed. The site is currently undeveloped
but is scheduled to be Phase II of the Palisades at Water’s Edge, a multi-family residential development.

4. 15A NCAC 13B .1705 (j) All structural fills shall be covered with a minimum of 12 inches compacted earth,
and an additional surface six inches of soil capable of supporting native plant growth. At the time of the
inspection on 1/23/19, areas of coal ash were observed adjacent to open holes which were left after a subsurface
investigation was conducted on 12/3/18-12/4/18. Additionally, ash that was exposed during the subsurface
investigation and by other grading activities on site, such as the construction of the fire access road, have
allowed exposed ash to migrate into the onsite sediment basin. Ash exposed during subsurface investigations
and/or development of the property should be disposed of in a lined MSW landfill and the compacted
earth cover be restored to a minimum of 12 inches plus six inches of soil capable of supporting native
plant growth. Photos of the filled borings were received by DEQ on February 21, 2019.

Open boring with exposed ash – 1/23/19 Repaired boring location – 2/21/19

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.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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5. Uncorrected or future violations would enter into the Solid Waste Tiered Enforcement process and could result
in Notice of Deficiency, Notice of Violation or Compliance Order with administrative Penalty depending on the
severity of the violation.

6. An updated grading plan is being developed by an engineering firm working for the property owner which will
include a plan to excavate the collected ash in the sediment pond, and regrading and restoration of the cover
material on top of the structural fill. This plan is expected to be submitted to the Iredell County Erosion Control
Section for review on March 1, 2019 with a carbon copy shared with DEQ. The onsite sediment basin
discharges flow towards a farm pond located on the parcel to the south of the structural fill.

7. The site was recorded by the property owner at the time, Top Properties LLC, with the Iredell County Register
of Deeds on February 26, 2010. The recordation can be found in Book 2051, Page 1816.

Please contact me if you have any questions or concerns regarding this inspection report.

__ _______ Phone: [phone] _
Environmental Senior Specialist
Regional Representative

Sent on: Email Hand delivery US Mail Certified No. [ _]

Copies: Ellen Lorscheider, Division of Waste Management
Ed Mussler, Section Chief, Solid Waste Section
Jason Watkins, Field Operations Branch Head, Solid Waste Section
Brandy Costner, Division of Water Resources