CCB0058a_RandyVann_NoViolationCoverLetter_20200128

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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
January 28, 2020
Kelly and Rebecca Vann
129 Candlewood Rd
Rocky Mount, NC 27804
Kenzie King, Registered Agent
Yard Dog Properties LLC
421 S Wesleyan Blvd
Rocky Mount, NC 27803
Steven E Luper, Jr.
2913 Old Mill Rd
Rocky Mount, NC 27803
SUBJECT: Structural Fill Inspection and Maintenance Reminder
Randy Vann Property / Maple Creek
Coal Combustion By -Products Structural Fill CCB0058a
Nash County
Dear Mr. and Ms. Vann, Ms. King, and Mr. Luper:
On July 10, 2019, Elizabeth Werner, Davy Conners, and Benjamin Jackson, representing the Solid
Waste Section (Section), inspected property containing the closed Randy Vann Property / Maple
Creek structural fill site, CCB0058a, located at 401, 411, 421 and 431 S Wesleyan Blvd, Rocky Mount,
NC, in Nash County. The structural fill on these properties was constructed under the rules codified
in 15A NCAC 13B Section .1700. On July 17, 1990 Reuse Technology submitted a letter of request to
use coal ash as structural fill on approximately 3 acres of commercial property Rocky Mount, NC. In
the letter of request, the generators of the ash were specified as Cogentrix's plants and the proposed
start date of the project was August 1, 1990. On August 22, 1990 DEQ (formerly DEHNR) approved
the reuse of coal ash at the site. The site is referred to in the letters as the Randy Vann Property and
Randy Vann is carbon copied on the approval letter. This site was closed prior to Jan 1994, therefore
there is no notice of coal combustion by-products recorded with the Register of Deeds. Based on our
files and the description of the property, the site is located on the property described in Nash County
Deed book 1308 Page 81, deeded to Kelly Randolph Vann and wife, Rebecca Davis Vann, dated June
1, 1990. The property in this deed is 4.23 acres and is a parcel of land lying on the east side of US
Highway 301, the south side of Maple Creek and the west side of the Tar River. This parcel of land
has been subdivided into four parcels: 047707, 047708, 004631, and 046293.
D_EQ�Ai
NORTH CAROLINA
ileparlment of Enviranmantal aaality
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

Randy Vann Property / Maple Creek
Inspection/Maintenance Letter
Page 2 of 2
January 28, 2020
During the inspection, it was observed that the site was paved, grassed over and had the Maple Creek
shopping mall buildings located on it. No exposed ash was observed.
Attached is a copy of our site inspection report providing additional information.
Owners of properties containing closed structural fills are responsible for the care and maintenance
of the fill in a manner to ensure protection of the public health and environment. 15A NCAC
13B .1705 (a) states in part that structural fills 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."
One of the most effective ways to minimize releases and/or nuisance conditions is to maintain the
approved cap system over the fill in accordance with .1705(j), which states "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." Many of these sites had alternative caps or end uses that
were approved at the time of construction. Currently the cap system at this facility consists of the
concrete foundation for the shopping mall and paved parking lot.
Section staff may periodically conduct follow-up inspections of this property to determine continued
compliance with the applicable rules. Failure to maintain compliance with the applicable rules could
result in enforcement action. In the interim, if site conditions change due to property usage or if you
observe any changes to the physical conditions of the cap system, please notify the Section
immediately.
Thank you for your cooperation in this matter. If you have any questions, please contact meat (919)
707-8290 or e-mail [e-mail].
Sincerely,
Digitally signed by Davy Conners
DN: cn=Davy Conners, o=Division of
Waste Management, ou=Solid Waste
Section,
email=davis.con ners@ncden r.gov,
c=US
Date: 2020.01.28 21:29:02-0500'
Davy Conners
Environmental Specialist II
Division of Waste Management - Solid Waste Section
copies: Ed Mussler, Section Chief, Solid Waste Section
Sarah Rice, Environmental Program Consultant, Solid Waste Section
Jason Watkins, Field Operations Branch Head
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NORTH CAROLINA Q
Aj
ilapar•mant 0� EnvironmanGl quality
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