CCB0053_NOD_20190322

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
March 22, 2019
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL 7013 0600 0001 7442 6252
RETURN RECEIPT REQUESTED
William Ratchford, Southwood Realty
Triangle Real Estate of Gastonia, Inc.
165 South York Street
Gastonia, NC 28053
SUBJECT: Notice of Deficiency
Compliance Inspection Report
Race Park USA Structural Fill (aka Palisades at Water's Edge Phase II)
Doolie Road South of Hwy 150 (approx. address 122 Doolie Rd)
Coal Combustion By -Products Structural Fill CCB0053
Iredell County
Dear Mr. Ratchford:
On January 23, 2019, Shawn McKee, representing the State of North Carolina, Division of Waste
Management Solid Waste Section (Section) and on March 8, 2019, Teresa Bradford, representing
the Section along with Ellen Lorscheider, Deputy Director of the Division of Waste Management,
inspected the above referenced facility for compliance with North Carolina solid waste statutes
and rules. On January 23, 2019 and March 8, 2019, no representatives of the property owner
were present. Based on those inspections, documentation received by the North Carolina
Department of Environmental Quality (NCDEQ), and site visits made by other Divisions within
NCDEQ as shown in the attached Timeline (see Attachment 1), the following violation is noted:
1. 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.
2. 15A NCAC 138 .1705(a) states in part that the structural fill facility must be "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."
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North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

CCB0053 Race Park USA
Notice of Deficiency
Page 2 of 3
March 22, 2019
Construction related activities at this site have disturbed the cap of the structural fill
exposing ash material and making it susceptible to erosion. 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, coal ash that
was exposed during the subsurface investigation and by other grading activities on site,
has migrated into the onsite sediment basin. At the time of the inspection on March 8,
2019, all borings had been filled however coal ash was still visible on the surface adjacent
to several boring locations.
Additionally, the draft report titled "Coal Ash Limited Subsurface Evaluation", indicated
that there was a total of seven boring locations where coal ash was encountered at a
depth of less than 18 inches. These borings were labeled as B-8, B-9, B-11, B-12, B-14, B-
15, and B-22.
The above violations may have or can compromise the facility's ability to ensure protection of
the public health and the environment and thus require remedial action on behalf of the facility
to maintain compliance with 15A NCAC 13B .1705 (a) and 15A NCAC 13B .1705 (j). To resolve
these issues, Triangle Real Estate of Gastonia, Inc., the property owner, must take the following
actions:
"Corrective Actions"
1. Within 30 days, all coal ash exposed during subsurface investigations and/or
development of the property, including material deposited in the sediment basin shall
be collected and disposed of in a permitted lined landfill. The compacted earth cover
on the entire coal combustion by-product structural fill area should be restored and
maintained at a minimum of 12 inches plus six inches of soil capable of supporting
native plant growth in accordance with 15A NCAC 13B .1705(j).
Triangle Real Estate of Gastonia, Inc. shall provide a written certification with supporting
documentation on company letterhead confirming the noted compliance schedule has
been completed. Mail this certification to Jason Watkins, NCDEQ Division of Waste
Management, 1646 Mail Service Center, Raleigh, N.C. 27699-1646 by the noted
compliance date.
The violations listed above were observed by Section staff and require action on behalf of the
Triangle Real Estate of Gastonia, Inc. 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
gopanment of Enuironmanlal quali�
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

CCB0053 Race Park USA
Notice of Deficiency
Page 3 of 3
March 22, 2019
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
and any such further relief as may be necessary to achieve compliance with the North Carolina
Solid Waste Management Act and Rules.
In addition to the corrective action above, the Section is requesting that you contact our office
within 30 days of receipt of this letter, to arrange a meeting to discuss land development plans
at this location with the intent to develop and agree to a plan of action regarding the potential
for future impacts to the existing closed structural fill.
Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
a follow-up inspection(s) to verify that the facility has completed the requirements of this Notice
of Deficiency.
If you have any questions, please contact me at 336-776-9674 or e-mail
[e-mail].
Sincerely,
Digitally signed by
Jason M. Watkins
Date: 2019.03.22
13:48:50-04'00'
Jason Watkins
Field Operations Branch Head
Division of Waste Management - Solid Waste Section
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, NCDEQ, Division of Water Resources
Randall Moore, Iredell County Erosion Control Inspector, [e-mail]
gopanment of Enuironmanlal quali�
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200