CCB0064_Compliance Order_200100413

State of North Carolina
Department of Environment
and Natural Resources
N C D E N KO'
Beverly E. Perdue, Governor NORTH CAROLINA DEPARTMENT OF
Dee Freeman, Secretary ENVIRONMENT AND NATURAL RESOURCES
Dexter R. Matthews, Director
April 13, 2010
Mr. Henry Long
7368 Hwy 46
Garysburg, NC 27831
FWel
The Plumbline Corporation, P.A.
c/o E.B. Grant, Jr., Registered Agent
502 Washington Street
Roanoke Rapids, NC 27870
Re: Compliance Order With Administrative Penalty
Arthur's Creek Coal Combustion By -Products Structural Fill Site,
Northampton County
Dear Mr. Long and Plumbline Corporation:
Enclosed is a Compliance Order With Administrative Penalty issued to you because of
certain violations of the North Carolina Solid Waste Management Act (N.C. General Statute
130A, Article 9) and of the North Carolina Solid Waste Management Rules (15A N.C.
Administrative Code 1313) which implements the Act. Along with the Compliance Order is an
Administrative Penalty in the amount of $13,875.00 pursuant to N.C. General Statute 130A-
22(a) plus Investigative Costs in the amount of $1,654.88 pursuant to N.C. General Statute
130A-220) for a total amount of $15,529.88. This Compliance Order with Administrative
Penalty describes the violations of concern and the actions required by you to come into
compliance with both the General Statutes and the Administrative Code.

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You may appeal this Compliance Order With Administrative Penalty by filing a written
petition for an administrative hearing with the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714, within thirty (30) days of the receipt of this
Compliance Order. Your petition must be submitted in accordance with the provisions of
N.C. General Statutes 150B-23(a) and 130A - 22(e). A copy of your petition must also be
served on Ms. Mary Penny Thompson, General Counsel, NC Department of Environment and
Natural Resources, 1601 Mail Service Center, Raleigh, North Carolina 27699-1601.
If no administrative hearing is requested, the administrative penalty must be paid within
sixty (60) days by certified check or money order, made payable to the Division of Waste
Management. Payment should be mailed to the Solid Waste Section, Department of
Environment and Natural Resources, Attn: Compliance Officer, 1646 Mail Service Center,
Raleigh, NC 27699-1646. A fee of $20.00 will be charged for all returned checks on which
the payer bank has refused payment. I encourage you to schedule an informal conference
at once with my staff to discuss this Compliance Order. Please contact Mary Whaley out of
the Raleigh Central Office at 919-693-5023.
,
jl
Paul S. Crissman, Chief
Solid Waste Section
Division of Waste Management
Enclosure
cc: Teresa Townsend, Assistant Attorney General
Mark Poindexter, Field Operations, Branch Head
Dennis Shackelford, Eastern District Supervisor
Mary Whaley, Environmental Senior Specialist
Ervin Lane, Compliance Hydrogeologist
Central Files, Solid Waste

COMPLJANCEORDER
.g'
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
SOLID WASTE SECTION
Ire Re: Mr. Henry Long COMPLIANCE ORDER
7368 Hwy 46 WITH ADMINISTRATIVE
Garysburg, NC 27831 PENALTY
and
The Plumbline Corporation, P.A.
c/o E.B. Grant, Jr., Registered Agent
502 Washington Street
Roanoke Rapids, NC 27870
This Compliance Order With Administrative Penalty is issued under N.C. General Statutes
130A-22, the Solid Waste Management Act (N.C.G.S. 130A, Article 9), and the Solid Waste
Management Rules (15A N.C. Admin. Code 13B). Title 15A of the N.C. Admin. Code,
Chapter 13B contains standards and requirements applicable to the proper management of
solid waste.
On March 1, 1971, the State of North Carolina, Department of Human Resources,
Division of Health Services, Solid Waste Section, implemented a Solid Waste Management
Program under the Solid Waste Management Act, N.C.G.S. 130A, Article 9 and Rules
codified at 15A N.C. Admin. Code 13B. Solid Waste Management is now regulated by the
Division of Waste Management of the Department of Environment and Natural Resources.
Mr. Paul S. Crissman, Chief of the Solid Waste Section, Division of Waste Management,
Department of Environment and Natural Resources, has been delegated the authority to
implement both the Act and the Rules. Based upon information available, the Division has
determined that Henry Long and The Plumbline Corporation are in violation of certain
requirements of the Act and/or Rules, as set forth below.
The Solid Waste Section received a notification for the construction of a coal combustion
byproduct structural fill dated April 23, 2004. The notification was incomplete so the
Section requested additional information from Plumbline Engineering Corp. P.A. on May

COMPLIANCE ORDER WITHADMINISTRA TIVE PENALTY
Page 2
28, 2004. The additional information was received June 17, 2004. The structural fill site
was identified as the Arthur's Creek Development Project in the notification. Arthur's
Creek Development Project (Arthur's Creek) is a 21.7-acre Coal Combustion By -Product
Structural Fill Site, located on a 42.6 acre tract, on the south side of NC Hwy. 46,
approximately one mile east of the intersection with I-95 and west of Garysburg,
Northampton County, North Carolina. The property is owned by Henry B. Long, 7368
Hwy. 46, Garysburg, NC 27831. Plumbline Corporation, P.A. is the operator handling
the engineering and the construction of the site. The notification indicated that the
source or generator of the coal combustion byproducts was the Roanoke Valley Energy
Facility located at 290 Power Place in Weldon, N.C. Henry B. Long received an
acknowledgment of receipt of the Notification requirements specified in Section .1700 of
the North Carolina Solid Waste Management 15A NCAC 13B Rules, dated June 22, 2004.
This acknowledgment letter stated that the Construction of the site could begin
according to the submitted plans. The stated purpose of the project was to utilize coal
combustion by-products as structural fill to construct an Industrial Commercial site for a
private developer. There were 480,612 cubic yards of coal combustion by-products
used at this site in the construction of the structural fill.
2. On March 24, 2009, Ms. Whaley and Mr. Barnes, both Environmental Senior Specialists
with North Carolina Department of Environment and Natural Resources (NC DENR),
Division of Waste Management ('The Division', Solid Waste Section, arranged to
conduct a joint inspection of the Arthur's Creek coal combustion by-products structural
fill site with Mr. Thad Valentine, NC DENR, Division of Land Resources, Land Quality
Section. They observed that minimal groundcover had been established at the site and
there were significant bare spots. Deep gullies, up to 4.5 feet deep in areas, particularly
on the east and southern side slopes of the site, were observed. The coal combustion
by-products were observed to have washed eastward towards Arthur's Creek, over-
topping silt fences and was within the 50 foot stream buffer in several areas.
Additionally, coal combustion by-products had washed down the slope on the south side
of the fill area and towards an area identified as wetlands on the site application
prepared by Plumbline Corp P.A. and submitted by Henry Long.
3. On June 1, 2009, the Division of Water Quality (DWQ) issued a Notice of Violation (NOV)
to Henry Long and Plumbline Engineering for Violations of Wetlands Standard 15A NCAC
02B .0231(b) and Violation of Stormwater General Permit (NCG010000) Condition.
4. On July 22, 2009, Ms. Whaley contacted DWQ and was informed that the wetlands
violations noted in their NOV had been corrected. On July 30, 2009, Ms. Whaley visited
the Arthur's Creek site to observe the wetlands remediation. She observed that many of
the deeply eroded areas had been repaired, but there were still some areas where
severe erosion was evident. The deeper gullies were located at the base of the slopes,
mainly on the east and south facing slopes. The gullies on those slopes ranged from
between 1.5 feet to 3.5 feet deep. There were some areas devoid of vegetation on the
top of the site as well as on the side slopes varying in size from 10 feet by 10 feet to 10
feet by 40 feet. A significant amount of scrap metal, plastic, wire and wood was

COMPLMNCE ORDER WITH ADMINISTR4
Page 3
observed scattered around the slopes. Mulch had been applied to the site, but some of
the mulch was very coarsely ground and could be identified as untreated boards and
tree trunk slabs. There was an area measuring approximately 10 feet by 10 feet with
ponded water adjacent to the access road at the top of the site. Additionally, ash
which had eroded from the structural fill into the buffer areas was still apparent. Ash
had overtopped the silt fence and had washed to within 50 feet of the Arthur's Creek.
Standing water was observed on both sides of the silt fence and was up to the toe of
the structural fill.
5. On August 18, 2009, the Division of Waste Management issued an NOV to Henry Long.
Mr. Long received the NOV on August 31, 2009. The violations cited: coal combustion
by-products were found within 50 feet of Arthur's Creek; there were improper
maintenance and erosion controls of the structural fill which allowed gullies to erode into
the side slopes and the ponding of water to occur on the structural fill; exterior slopes
were at a slope greater than 3 feet horizontal to 1 foot vertical; there was soil cover of
less than 18 inches; and the violator failed to record the site with the county Registrar of
Deeds and submit proper closure documents to the Division.
6. On August 31, 2009, Ms. Whaley received a voice message from E.B. Grant, Plumbline
Corporation, P.A., stating that they had been notified of the NOV and that they would be
correcting all of the problems right away.
7. On September 15, 2009, Ms. Whaley received a letter from Plumbline Corp., P.A. dated
March 20, 2009 that included a statement that the conditions of rule 15A NCAC 13B
.1706 had been met and the Arthur's Creek site was closed. Also included with the
September 15, 2009 letter was the recordation of the coal combustion by-product
structural fill.
8. On October 21, 2009, Shawn McKee, Compliance Officer NC DENR Division of Waste
Management, Solid Waste Section, Elizabeth Werner, Hydrogeologist, NC DENR Division
of Waste Management, Solid Waste Section and Ms. Whaley, as a follow-up to the NOV
issued August 18, 2009, inspected the Arthur's Creek site to verify if the site was in
compliance. Eroded areas were still observed, particularly on the eastern slopes, with a
couple of the gullies being greater than 2 feet in depth in areas toward the base of the
slope. Vegetative growth was evident on the majority of the site, although, there were
some areas that appeared to have been recently seeded and were not yet established.
The silt fence at the base of the west slope was overtopped by the washed silt and ash
from the slopes, being no longer able to contain the eroded material from the site. A
400 foot long, 2 to 5 foot deep, storm water diversion channel had been constructed on
the east side of the site between the coal combustion byproduct structural fill and the
Arthur's Creek.
9. On January 6, 2010, Ms. Whaley and Mr. Barnes inspected the site. The surface of the
structural fill had been recently disked and new seed had been sown. Repairs had been
made to the side slopes but some eroded areas were still visible. There were no coal

combustion by-products observed in these gullied areas, and grass had been
established. The diversion channel, however, was not properly sloped and was not
provided with vegetation sufficient to restrain erosion. Coal combustion byproducts
were visible in the sidewalls of the diversion ditch. The silt fence at the base of the west
slope was still overtopped by the washed silt and ash from the slopes.
The above facts constitute violations of the following Sections of Title 15A N.C. Admin.
Code Subchapter 1313:
1. .1704(a) states that: "Coal combustion by-products used as a structural All shall not be
placed.,
(2) Within 50 horizontal feet of the top of the bank of a perennial stream or other
surface water body. "
The coal combustion by-products were observed to have washed eastward towards Arthur's
Creek and were within the 50 foot stream buffer in several areas.
2. .1705 states that:
"(a) The structural fill facility must be designed, constructed, operated, closed and
maintained in such a manner as to minimize the potential for harmful release of constituents of
coal combustion by-products to the environment or create a nuisance to the public
(e) The coal combustion by-product structural fill facility shall be effectively maintained and
operated as a non -discharge system to prevent discharge to surface water resulting from the
operation of the facility.
0) All structural fills shall be covered with a minimum of12 inches compacted earth, and an
additional surface six inches of soil capable of supporting native plant growth.
(k) Compliance with these standards does not insulate any of the owners or operators from
claims for damages to surface waters, ground -water or air resulting from the operation of the
structural fill facility, If the facility fails to comply with the requirements of this Section, the
constructor, generator, owner or operator shall notify the Division and shall take such
immediate correcti ve action as may be required by the Department, "
The Arthur's Creek coal combustion by-product structural fill was not constructed or operated in
such a manner as to minimize the potential for harmful release of constituents of coal
combustion by-products to the environment. The side slopes were not maintained in order to
prevent erosion and discharge to surface waters. There was not 12 inches of compacted earth
and 6 inches of soil across the site. As a result, the coal combustion by-products were
observed to have washed eastward towards Arthur's Creek and were within the 50 foot stream
buffer in several areas. Additionally, silt and ash had washed down the slopes on the west side

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of the site and overtopped a silt fence. The groundwater, creek and wetlands have been put
at risk due to the lack of proper operation and maintenance of the site.
3. .1706 states that:
"(a) No later than 30 working days or 60 calendar days, whichever is less alter coal
combustion by-product placement has ceased, the final cover shall be applied over the coal
combustion by-product placement area.
(b) The final surface of the structural dl/ shall be graded and provided with drainage
systems that.-
(1) Minimize erosion of cover materials; and
(2) Promote drainage of area precipitation, minimize infiltration and prevent the ponding
of water on the fill.
(c) Other erosion control measures, such as temporary mulching, seeding, or silt barriers
shall be installed to ensure no visible coal combustion by-product migration to adjacent
properties until the beneficial end use of the project is realized.
(d) The constructor or operator shall submit a certification to the Division signed and sealed
by a registered professional engineer or signed by the Secretary of the Department of
Transportation or his designee certifying that all requirements in the Rules of this Section have
been met. The report shall be submitted within 30 days of application of the final cover"
The final surface of the site does not have the grading and drainage systems in place in order
to minimize erosion and the ponding of water. The site does not have effective erosion control
to ensure that the coal ash will not migrate off the site foot print. The diversion channel was
not properly sloped nor was it provided with vegetation sufficient to restrain erosion.
The Certification required by the .1700 rules was not submitted within thirty days of the
application of the final cover.
Based on the foregoing, you are hereby ordered to take the following actions within 30
days of receipt of this compliance order:
Repair all eroded areas on the side slopes. There are areas on the top of the structural
fill that do not have any vegetative cover. These areas, along with the side slopes, must
have erosion control measures, such as temporary mulching, seeding, or silt barriers
installed, to ensure no visible coal combustion by-product migration to adjacent areas
outside the proposed footprint of the site until the beneficial end use of the project is
realized.
2. The final surface of the structural fill shall be graded and provided with drainage
systems that minimize erosion of cover materials, promote drainage of precipitation,
minimize infiltration, and prevent the ponding of water on the fill.

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The diversion channel on the east side of the site shall be properly graded and provided
with vegetation sufficient to restrain erosion.
4. Contact Mary Whaley and schedule a site visit to demonstrate that there is a minimum
of 12 inches compacted earth, and an additional surface six inches of soil capable of
supporting native plant growth.
5. Acquire the services of a N.C. professional land surveyor and survey and mark with
permanent markers the edge of the fill boundaries as proposed in the site plan
submitted to the Section before the construction of the CCB structural fill began.
6. Submit a plan to the Section, for approval pLior to the removal of all of the coal ash
outside the proposed footprint of the structural fill footprint, as proposed in the site plan
submitted to the Section. The plan shall be submitted to:
Ms. Mary Whaley
Environment Senior Specialist
NCDENR-Division of Waste Management
Solid Waste Section
410 Oberlin Road, Suite 150
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
7. Re-establish and/or repair any of the silt fences that have come down or have been
overtopped and covered with silt in areas still affected by erosion.
8. In order to assess the potential impact of the ash on the wetlands, groundwater and
surface water, acquire the services of a N.C. licensed professional geologist with
experience in assessment and remediation of ground water contamination and submit a
phased assessment plan to the Division. The professional geologist shall consult with
the Solid Waste Section Hydrogeologist about the site prior to developing the plan. The
Section hydrogeologist will review the submitted plan, approve, or request more
information or amendments before implementation. The plan shall be implemented as
approved. Within 60 days, submit this plan to:
Ervin Lane, Compliance Hydrogeologist
NCDENR-Division of Waste Management
Solid Waste Section
410 Oberlin Road, Suite 150
1646 Mail Service Center
Raleigh, North Carolina 27699-1646

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The Solid Waste Section issued a NOV on August 9, 2006 to The Plumbline Corporation, P.A.,
the engineer, contractor, and operator of the site for violating 15A NCAC 13B .1705(b),
.1705(i), and .1705(I). These violations were corrected on or before August 13, 2007.
In addition to taking the actions specified above, Henry Long and the Plumbline
Corporation, P.A. are hereby ordered to pay in accordance with N.C. General Statute 130A-
22(a), an administrative penalty of $13,875.00 for violation of 15A N.C. Admin. Code 138.
1704(a), .1705(a), .1705(e), .1705(j), .1705(k), .1706(a), .1706(b), .1706(c) and .1706(d), plus
investigative costs pursuant to N.C.G.S. 130A-220) in the amount of $1,654.88, for a total
amount of $15,529.88.
The factors considered in determining the administrative penalty are found in 15A
N.C.A.C. 13B .0700 et seq. and include the following: the nature of the violations, the potential
effect on the public health and environment, the degree and extent of harm caused by the
violations, the types and amounts of wastes, duration of the violations, cause of the violations,
the effectiveness of response measures taken by the violator, any damage to private property,
the costs of rectifying any damage, and any history of non-compliance.
The amount of this penalty and investigative costs shall be paid within sixty (60) days of
receipt of this order by certified check or money order made payable to the Division of Waste
Management. Payment should be mailed to:
Compliance Officer
Solid Waste Section
Division of Waste Management
1646 Mail Service Center
Raleigh, NC 27699-1646
You are hereby advised that, pursuant to N.C.G.S. 130A-22, each day of continued
violation of any requirement of the act, the rules, or any term or condition of a permit or any
order issued under the act or rules constitutes a separate violation for which a penalty of up to
$15,000.00 per day may be imposed. You may also be subject to further enforcement actions
including 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.

COMPMNCEORDER
P.•- .
You have the right to request an administrative hearing to contest any matter of law,
material fact, requirement, or penalty set forth herein. To exercise this right, you must file a
written petition in accordance with N.C.G.S. 15013-23(a) and N.C.G.S. 130A - 22(e) within thirty
(30) days of receipt of this Compliance Order With Administrative Penalty.
The petition must be signed by you or your attorney (if you are a corporate entity, the
petition must be signed by your attorney). It must state facts tending to establish that the
agency has deprived you of property, has ordered you to pay a fine or civil penalty, or has
otherwise substantially prejudiced your rights, and that the agency has:
1. exceeded its authority or jurisdiction;
2. acted erroneously;
3. failed to use proper procedure;
4. acted arbitrarily or capriciously; or
5. failed to act as required by law or rule.
Your petition must be filed within thirty (30) days of the date of receipt of this Order
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714,
in accordance with N.C.G.S. 15013-23(a). A copy of your petition must also be served on Ms.
Mary Penny Thompson, General Counsel, NC Department of Environment and Natural
Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. Failure to complete either of
these acts within the thirty- (30) day period may result in denial of any administrative hearing.
Any administrative hearing will be conducted in accordance with applicable rules
contained in Title 26 of the North Carolina Administrative Code. If you file a petition for an
administrative hearing within thirty (30) days in accordance with the applicable statutes and
rules, payment of the penalty is due within sixty (60) days after service of a copy of any final
decision affirming the penalty. You may request a copy of the rules by calling the Office of
Administrative Hearings at [phone].

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Whether or not you request an administrative hearing, the Division encourages you to
schedule an informal conference to discuss this matter and to give you an opportunity to
provide additional information, including any actions you have taken to correct the violation(s).
If you desire an informal conference, please contact:
Mary Whaley
Environmental Senior Specialist
Raleigh Central Office
1646 Mail Service Center
Raleigh, NC 27699-1646
919-693-5023
Paul/S. Crissman
Chief, Solid Waste Section
Division of Waste Management
Department of Environment and Natural Resources

WiNYS MA � •.
I hereby certify that I have caused a copy of the foregoing Compliance Order With
Administrative Penalty to be served upon the person designated below, at the last known
address, causing said copy to be deposited in the U.S. Mail, First Class (certified mail postage
prepaid, and return receipt requested) in an envelope addressed to:
Mr. Henry Long
7368 Hwy 46
Garysburg, NC 27831
The Plumbline Corporation, P.A.
c/o E.B. Grant, Jr., Registered Agent
502 Washington Street
Roanoke Rapids, NC 27870
Dated this / day of ` t I , 2010
5.
Compliance Officer
Division of Waste Management
Department of Environment and Natural Resources