27_N0320_NOV_20191104

North Carolina Department of Environmental Quality | Division of Waste Management John College - P.O. Box 782 Columbia, North Carolina, 27925 919-268-1524

November 04, 2019

CERTIFIED MAIL 7014 2120 00008055 0739
RETURN RECEIPT REQUESTED

F & H Land Development, Inc.
H.D. & Finley Newbern
7521 Caratoke Hwy.
Jarvisburg, North Carolina, 27947

SUBJECT: Notice of Violation
Compliance Inspection Report
Newbern Brothers Waste Storage Site
N0320
Currituck County

Dear Mr. H.D. & Finley Newbern:

On October 08, 2019, John College and Andrew Hammonds, representing the State of North
Carolina, Division of Waste Management Solid Waste Section (Section), inspected the above
referenced facility for compliance with North Carolina solid waste statutes and rules. H.D. and
Finley Newbern were present and represented Newbern Brothers Waste Storage Site (N0320)
during this inspection. The following violation(s) were noted:
A. 15A NCAC 13B .0201 Permit Required
(c) No solid waste management facility shall be established, operated, maintained,
constructed, expanded, or modified without a currently valid permit issued by the
Division for the specified type of disposal activity. It is the responsibility of every owner
and operator of a proposed solid waste management facility to apply for a permit for
the facility. The term "owner" shall include record owners of the land where the facility
is located or proposed to be located and holders of any leasehold interest, however
denominated, in any part of the land or structures where the facility is located or
proposed to be located.

North Carolina Department of Environmental Quality | Division of Waste Management John College - P.O. Box 782 Columbia, North Carolina, 27925 919-268-1524
Newbern Brothers Waste Storage Site (N0320)
Notice of Violation
Page 2 of 3
November 04, 2019

The facility is a notified LCID. You are in violation due to the expansion of the facility
that required you to apply for and receive a permit from the Division of Waste
Management prior to expansion in which you have failed to do so.

B. 15A NCAC 13B .0563 APPLICABILITY REQ. FOR LAND CLEARING/INERT DEBRIS (LCID)
LANDFILLS
(b) The total disposal area is under two acres in size.

This facility is in violation due to the observed waste outside of the landfill
footprint exceeds the requirement of this rule.

C. 15A NCAC 13B .0566 OPERATIONAL REQ. FOR LAND CLEARING/INERT DEBRIS (LCID)
LANDFILLS
(11) Solid waste shall not be disposed of in water.

It was observed that land clearing waste had been put into a pond (water) and then
covered with soil.

Based upon the foregoing, Newbern Brothers Waste Storage Site (N0320) shall come into
compliance by December 16, 2019 with all requirements of the regulations in 15A NCAC
13B .0201 (c) .0563, (1)(b) & 0566 (11) by completing the following:

1. All waste that was land filled in the old pond area must be removed and placed into the
limits of Notified LCID (N0320) or transported to another notified or permitted facility
that can receive Land Clearing Waste for proper disposal.

2. The Footprint of N0320 MUST be under 2 acres or a permit must be applied for from the
Division of Waste Management.

3. The notified LCID should be mowed and cleared of any trees or other deep root
penetrating vegetation and permanent Edge of Waste Markers installed outlining the
limits of the less than two acre LCID landfill.

4. Notify John College on progress and/or completion of this corrective action.

5. Keep equipment onsite to dig test holes when the compliance follow-up inspection is
conducted to show that all waste has been removed from the pond area.

North Carolina Department of Environmental Quality | Division of Waste Management John College - P.O. Box 782 Columbia, North Carolina, 27925 919-268-1524
Newbern Brothers Waste Storage Site (N0320)
Notice of Violation
Page 3 of 3
November 04, 2019

The violations 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.

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 Violation.

If you have any questions, please contact me at 919-268-1524 or e-mail [e-mail].

Sincerely,

John College
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Jason Watkins, Field Operations Branch Head
Andrew Hammonds, Eastern Area District Supervisor
Jessica Montie, Compliance Officer
Amanda Freeman, Compliance Officer