CCB0064_ NOV_20060809

North Carolina
Michael F. Easley, Governor
NCDENR
Department of Environment and
Natural Resources
William G. Ross Jr., Secretary
DIVISION OF SOLID WASTE MANAGEMENT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Russ Grant
The Plumbline Corp. P.A.
121 Washington Avenue
Weldon, NC 27890
Dear Mr. Grant:
August 9, 2006
Re: Notice of Violation
Arthur's Creek Coal Combustion Byproduct Beneficial Use
Site
Northampton County
GPS: N 36 27.450 W 077 35.853
Pursuant to North Carolina General Statutes 130A-22(a) and to 15A North Carolina Administrative Code 13B,
Ben Barnes, Waste Management Specialist with the NCDENR, Solid Waste Section and I conducted an
inspection on July 25, 2006 of the Arthur's Creek Coal Combustion Byproduct Beneficial Use Site located on
property managed by your company off of Hwy 46, outside of Garysburg, Northampton County. This
inspection was made as a result of a complaint our Division received regarding the operation of this site. The
investigation of the Arthur's Creek Coal Combustion Byproduct Beneficial Use Site found several violations of
certain requirements contained in the North Carolina Solid Waste Rules, codified at 15A NC Admin. Code 13B
specifically:
1.) 15A NCAC 13B .1705 (b) states "Coal combustion by-products shall be collected and transported in a
manner that will prevent nuisances and hazards to public health and safety. Coal combustion by-products shall
be moisture conditioned, as necessary, and transported in covered trucks to prevent dusting. "
You are in violation of 15A NCAC 13B .1705 (b) in that the trucking of the coal ash is creating "nuisances and
hazards to public health and safety". The residents along Highway 46 have complained of coal ash getting onto
their properties after the trucks are emptied at the site and it was observed by this section that the trucks, once
out on Hwy 46 and picking up speed, have a haze of coal ash coming out of the bed.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR/
An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper

Mr. Russ Grant
August 9, 2006
Page 2
2.) 15A NCAC 13B .1705 (i) states " The structural fall project must be operated with sufficient dust control
measures to minimize airborne emissions and to prevent dust from creating a nuisance or safety hazard and
must not violate applicable air quality regulations. "
You are in violation of 15A NCAC 13B .1705 (i) as it was observed by this section that the trucks entering on
the coal ash pad are creating a very large dust cloud of coal ash as they cross the coal ash pad, when they empty
the truck and when they cross back over the pad.
3.) 15A NCAC 13B .1705 (1) states "Coal combustion by-products utilized on an exterior slope of a structural
fall shall not be placed with a slope greater than 3.0 horizontal to 1.0 vertical. "
You are in violation of 15A NCAC 13B .1705 (1) in that the side slopes are at a greater than 3.0 horizontal to
1.0 vertical. Section .1705 is DESIGN, CONSTRUCTION AND OPERATION FOR STRUCTURAL FILL
FACILITIES. The side slopes at the site are at a much steeper inclination and erosion and runoff are very
visible. The slopes are to be maintained, during construction and closure, at not greater than a 3.0 horizontal to
1.0 vertical to prevent excess coal ash erosion and runoff.
The following actions will bring you into compliance with 15A NCAC 13B of the Solid Waste
Management Rules:
1.) and 2.) Dust control must be maintained on -site and on the highway. Water trucks must be
used at the site to prevent excess coal ash dust. The trucks when unloaded will re tarp
to prevent excess dust on the highway. Loads may have to be watered more if tarping
empty trucks does not solve the problem.
3.) Coal ash shall not be placed with a slope greater than 3.0 horizontal to 1.0 vertical on all
working and final slopes.
As we discussed at the site, on August 1, 2006, the berm needs to be extended to be continuous around
the coal ash, with the bermed area graded to prevent ponding of coal ash runoff and to insure the coal ash runoff
goes to the sediment basins. This bermed area should be a minimum of three feet tall and at least a bush hog
width should be kept mowed to the site foot print side of the berm in order to be able to see the berm's
structural soundness and any runoff or ponding. The coal ash washes that are existing and that go past the foot
print of the structural fill site, must be cleaned up and placed back within the foot print.
The foot print of the structural fill site will be clearly marked by Plumbline Corp. P.A., as was also
discussed on August 1, 2006.
Based upon the above violations, the Plumline Corp. P.A., as managing agent of this site, is responsible
to correct the above referenced violations and improvements, as discussed on site, within 60 days of receipt of
this letter.
Pursuant to N.C.G.S. 130A-22(a) and 15A N.C.A.C. 13B .070- .0707, an administrative penalty of up to
$5000.00 per day may be assessed for violation of the Solid Waste Management Laws or Regulations.
If you have any questions regarding this matter, please contact me at 919 508 8523. Thank you for your
cooperation.

Mr. Russ Grant
August 9, 2006
Page 3
Sincerely,
Mary Whaley
Waste Management Specialist
Solid Waste Section
cc: Mark Poindexter, Field Operations Branch Head
John Crowder, Eastern District Supervisor
Ben Barnes, Waste Management Specialist
Don Keisling, Plant Manager, Roanoke Valley Energy Facility
Henry B. Long, property owner
NorthCarolina
;UUMAY