34_N0667_INSP_20190909

oepamnem a� enmmnmemai a�ai
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
UNIT TYPE:
Lined
LCID
X
YW
Transfer
Compost
SLAS
COUNTY: Forsyth
MSWLF
PERMIT NOS.: N0667
Closed
HHW
White
Incin
T&P
FIRM
MSWLF
goods
FILE TYPE: COMPLIANCE
CDLF
TireT&P/
Tire
industrial
DEMO
SDTF
Collection
Monofill
Landfill
Date of Site Inspection: September 9, 2019 Date of Last Inspection: June 14, 2019
FACILITY NAMES AND ADDRESS:
Westmoreland, Inc. LCID Landfill
6250 Walnut Cove Road
Walkertown, NC 27051
GPS COORDINATES: Lat.: 36.196416' Long.:-80.164851 °
FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Tom Westmoreland, President, J. Westmoreland, Inc.
Telephone: [phone] (office); 336-345-3586 (mobile).
Email address: [e-mail]
FACILITY CONTACT ADDRESS:
J. Westmoreland, Inc.
6851 Old Still Trail
Kernersville, NC 27284
PARTICIPANTS:
Dustin Mabe, Facility Operator — Westmoreland LCID Landfill
Elizabeth Walter, Administrative Staff — Westmoreland LCID Landfill
Jim Bryan, Consultant — Westmoreland LCID Landfill
Alex Carter, Engineer — Beeson & Carter
Deb Aja, Western District Supervisor — Solid Waste Section
Ming-Tai Chao, Permitting Engineer — Solid Waste Section
Susan Heim, Environmental Senior Specialist — Solid Waste Section
STATUS OF PERMIT:
LCID Landfill Notification submitted and recorded in Forsyth County on March 17, 2005.
PURPOSE OF SITE VISIT:
Partial Inspection
STATUS OF PAST NOTED VIOLATIONS:
A. UNRESOLVED: 15A NCAC 13B .0566(4) states: "Adequate soil cover shall be applied monthly, or when the
active area reaches one acre in size, whichever occurs first." The facility was cited for failing to cover waste on
the side slopes of the landfill. No soil cover has been applied to the exposed waste on the landfill slopes since the
previous inspection.
B. UNRESOLVED: 15A NCAC 13B .0566(3) states: "Solid waste shall be restricted to the smallest area feasible
and compacted as densely as practical into cells." The facility was cited for failing to compact waste in the landfill
and restrict it to the smallest area feasible. No compaction of waste in the landfill has taken place since the
previous inspection.
Page 1 of 6

D_E FACILITY COMPLIANCE INSPECTION REPORT
DO Ct dO iA Q�� Division of Waste Management
OepaNnen� e� Envimnmenlal pualiry
Solid Waste Section
C. CORRECTIVE MEASURES IN PROGRESS: 15A NCAC 13B .0566(2) states, "The facility shall accept only
those wastes which it is permitted to receive." The facility was cited for accepting and accumulating unacceptable
wastes, including painted concrete, concrete containing metal pipe, scrap tires and tire pieces, scrap metal, and
plastics. Some of these unacceptable materials were observed to be mixed in with the wood waste stored on top of
the northwest corner of the landfill during the previous inspection on June 14, 2019. During this inspection, no
unacceptable materials were found in this area of the landfill. However, the entire facility was not inspected
Disposal receipts for miscellaneous waste collected throughout the facility, dated from July 15, 2019 through
October 10, 2019, were provided to the Solid Waste Section via email on October 15, 2019. A follow-up
inspection will be conducted to ensure that no unacceptable waste is evident at the facility.
D. UNRESOLVED: 15A NCAC 13B .0563(1)(b) states, in part, that an individual permit from the Division of
Solid Waste is not required for Land Clearing and Inert Debris (LCID) landfills where the total disposal area is
under two acres in size. The facility was cited for exceeding the 2-acre maximum allowed for a notified LCID
landfill. No action has been taken to reduce the footprint of the landfill and no survey has been submitted to the
Solid Waste Section showing that the footprint of the landfill is less than the 2-acre maximum.
It should be noted that several of the required corrective actions have been requested of J.
Westmoreland, Inc. since the inspection on June 1, 2017, including compacting and covering waste and
determining the size and location of the LCID landfill. At this time, all of the corrective actions stipulated
in the July 12, 2019 Notice of Violation, are required.
Please note that additional violations with corresponding corrective actions were cited for the yard waste
facility, located on the adjacent property (YWN-34-014), in both the June 14, 2019 inspection report and a
separate Notice of Violation issued on July 12, 2019. However, the yard waste facility was not inspected
during this site visit, so an inspection report has not been provided.
OBSERVED VIOLATIONS:
No new violations were observed during this inspection.
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.
ADDITIONAL COMMENTS:
1. All photos included in this report were taken by Susan Heim on September 9, 2019.
2. The inspection participants met at the facility office prior to the inspection of the facility.
3. The front gate of the facility was found to be open and a sign was observed posted in front of the attendant's office
that stated, "Landfill Temporarily Closed." Mr. Bryan and Mr. Mabe stated that no waste had been accepted at the
site since the Notice of Violation had been received in July.
4. Much of the unprocessed wood waste that had been stored on top of the landfill had been ground, and the resulting
processed wood waste was stored in its place.
5. The soil stockpile appeared to have a significant amount of wood waste mixed into it. Mr. Bryan stated that this soil
would be used to build the berm that would direct storm water into the basin to be constructed on the west side of
the landfill. When questions arose about screening the soil to remove the wood waste, Mr. Carter stated that
the soil would definitely need to be screened prior to being used in the construction of any erosion control
measure.
6. A portion of the mulch that had previously been stored on top of the soil stockpile had been removed. Mr. Bryan
stated that this material had been land applied to the Eller farm. The Section requested information regarding this
Page 2 of 6

D_E FACILITY COMPLIANCE INSPECTION REPORT
DO Ctd—iA Q�� Division of Waste Management
OepaNnen� of EnvimnmenUl Oualiry
Solid Waste Section
activity in order to evaluate whether or not it would be considered a disposal activity. Mr. Bryan further stated that
he was working with Piedmont Environmental to design a plan for the land application of mulch for use as a soil
amendment on the Eller Farm, including the mulch that had already been land applied to the farm. To date, the
Section has not received this plan for review. Please note that the review of a mulch -based nutrient
management plan by the Solid Waste Section does not constitute approval by the North Carolina
Department of Agriculture.
7. The side slopes of the landfill appeared to be unchanged since the previous inspection on June 14, 2019, with very
steep grades and exposed waste. Mr. Carter estimated the slopes to be 90' high and almost vertical. Mr. Mabe stated
that the northern slope is inaccessible due to the proximity of the toe of the slope to the tree line that runs along the
property line. The western slope, which is accessible from the bottom, had debris sprinkled throughout the area
between the toe of the slope and the tree line that parallels it.
8. With regard to the actual size of the existing landfill area, Mr. Carter stated that he estimates it occupies between 4
and 5 acres. A discussion ensued concerning the fact that a survey is needed to determine the actual size and
location of the landfill, and the distance from the edge of waste to the property lines.
9. Large logs and stumps had been piled in the area west of the excavation site and south of the landfill. Mr. Carter
pointed out that this is the area where the sediment basin was proposed, and that the wood waste currently stored
there would have to be moved prior to the start of the basin construction. Mr. Bryan stated that no determination had
been made as to where this material would be relocated. The LCID landfill has no capacity remaining to accept
this wood waste. Therefore, this stockpile must be properly disposed of at a facility that is permitted to accept
it, and copies of disposal receipts must be provided to the Solid Waste Section as verification of proper
disposal.
10. The soil excavation area was observed from the top of the landfill. No erosion protection was in place and erosion
was evident in this area of the site.
11. The stockpile areas containing used asphalt and what was described as used granite and marble are located east of
the excavation area and were also observed from the top of the landfill. Any stone waste that is coated, treated or
set in a binder must be disposed of properly at a facility that is permitted to accept it. Copies of disposal
receipts must be provided to the Section as verification of proper disposal.
12. The notified yard waste site was not inspected on this date. However, the yard waste operations area could also be
viewed from the top of the LCID landfill. Mr. Bryan stated that no processed wood waste had been removed from
the notified yard waste facility since the previous inspection. He explained that from this distance it might look like
ground wood had been removed because the windrows had been flattened to prevent fire in the piles. Ms. Aja
commented that proper management of the windrows would prevent fires. She further stated that flattening the
piles does not demonstrate proper management of composting operations at the yard waste site. Specific
operational procedures and requirements for notified yard waste facilities are set forth in 15A NCAC 13B
.1400 through .1406.
13. Following this inspection, information was provided by David Evans, Erosion Control Inspector, City of Winston-
Salem Erosion Control Division, stating that a revised erosion control plan for the site had been reviewed and
approved by the city. Mr. Evans stated that no temporary erosion control measures had been installed during the
plan submittal and review process, as he had requested. In a telephone conversation on October 14, 2019, Mr. Evans
stated that Mr. Westmoreland had called him the previous week to advise him that construction of the approved
erosion control measures would begin at that time. On October 15, 2019, Mr. Evans performed a site inspection and
provided a copy of his inspection report to the Section via email that stated construction of one of the skimmer
basins had begun, and that no schedule for completion of the approved measures had been provided by J.
Westmoreland, Inc.
14. Mr. Bryan left the facility at approximately 1:30 pm. A short discussion between the remaining parties took place
following his departure. Ms. Walter and Mr. Carter asked several questions to clarify the next steps to be taken by J.
Westmoreland, Inc. Ms. Aja summarized the discussion by stating that a comprehensive plan to achieve compliance
and a survey of the site must be submitted to the Solid Waste Section for review, along with a timetable indicating a
completion date for each step of the plan. She referred the group to the NOV letter that had been issued on July 12,
2019 for more information.
15. Weekly progress reports, dated July 12 through October 4, 2019, have been submitted to the Solid Waste Section by
Mr. Bryan. The reports show that J. Westmoreland, Inc. has focused on working with City of Winston-Salem
Page 3 of 6

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
yORiH C��-REQS',
�°°°° Solid Waste Section
Erosion Control staff to submit and revise an erosion control plan. The reports indicate that progress relating to the
requirements of the NOV has been limited to the removal of unacceptable waste and wood grinding operations on
top of the landfill.
Large stockpiles of coarsely ground wood waste occupy the area between the concrete crushing operations and
the western slope of the landfill, where unprocessed waste had been observed during the previous inspection.
A view from the top of the
western slope of the landfill
looking south. The notified
yard waste operations, with
flattened windrows, can be
seen in the center background.
Logs, stumps and other
unprocessed wood waste are
stockpiled in the area where a
sediment basin is to be
constructed — right foreground
At the center right, an old
mulch stockpile is visible.
Page 4 of 6

oepamnem a� enmranmemai a�ai
Another view of the slope of what
has been identified as the inert
debris stockpile, looking south to
the used asphalt storage area. Note
the proximity of the electrical
transmission lines to the operations
areas.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
A view from the top of the landfill
looking south. The flattened yard
waste windrows can be seen in the
background, and the
marble/granite stockpile in the
center. In the foreground is the
slope of what has been termed an
inert debris stockpile.
Page 5 of 6

D_E FACILITY COMPLIANCE INSPECTION REPORT
DO Ctd—iA Q�� Division of Waste Management
OepaNnen� e� Envimmenlal Oualiry
Solid Waste Section
Please contact me if you have any questions or concerns regarding this inspection report.
Digitally signed by Susan
Heim
Susan Heim, l Solid
Waste Section, ou=Field Operations Branch,
email=[e-mail]
v, c=US
Date: 2019.10.17 14:28:31
-04'00'
Susan Heim
Environmental Senior Specialist
Regional Representative
Phone: [phone]
Sent on: October 17, 2019 to
X
Email
Hand delivery
US Mail
X
Certified No.:
Tom Westmoreland, J.
Westmoreland, Inc.
7007-1490-0004-9565-2423
Copies: Jason Watkins, Field Operations Branch Head — Solid Waste Section
Deb Aja, Western District Supervisor — Solid Waste Section
Ming-Tai Chao, Permitting Engineer — Solid Waste Section
Alex Carter — Beeson & Carter, PA
David Evans, Erosion Control Inspector — City of Winston-Salem
Jim Bryan, Consultant — Westmoreland LCID Landfill
Page 6 of 6