CCB0058b_HomeGallery_NoViolationCoverLetter_20200130

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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
January 30, 2020
C T Williford, Registered Agent
CHIT Investments LLC
2302 Nash Street N Suite E #271
Wilson, NC 27896
Albert Bruce Rose
Attention Carol Rose
3131 E Silversmith Trail
San Tan Valley, AZ 85143
A. B. Rose and M. Charles Mullen
R & M Investments, A North Carolina Partnership
PO Box 2683
Rocky Mount, NC 27801
SUBJECT: Structural Fill Inspection and Maintenance Reminder
Home Gallery Site
Coal Combustion By -Products Structural Fill CCB0058b
Nash County
Dear Mr. Williford, Mr. Rose, and Mr. Mullen:
On July 10, 2019, Elizabeth Werner, Davy Conners, and Benjamin Jackson, and on November 13, 2019,
Elizabeth Werner, representing the Solid Waste Section (Section), inspected property containing the
closed Home Gallery structural fill site, CCB0058b, located on 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 February 28, 1991, ReUse Technology Inc. submitted a letter of request
to use coal ash as structural fill on approximately 3.8 acres of commercial property located on Hwy
301 Rocky Mount. The generators of the ash were Cogentrix Plants. The proposed start date was
March 15, 1991. On March 18, 1991, DEQ approved the use of fly ash as structural fill on 3.8 acres at
the Home Gallery Site. A letter dated May 28, 1992 from ReUse Technology, Inc to Mr. A. B. Rose,
states that "ReUse Technology (RT) hereby notifies R&M Investments (R&M) that RT has fulfilled its
contractual obligations to the property designated as the 301 Home Gallery Site." The fill project was
completed on May 27, 1992 and approximately 5000 cubic yards of ash was placed on the site.
According to deed records, R & M Investments was a partnership composed of A. B. Rose and M.
Charles Mullen (Deed 1051/687). Nash County Deed Book 1184 Page 549 describes the parcel of
land at the time the fill was placed. Since then, the land has been subdivided twice. The structural
fill is located on Parcel Numbers 047547, 047546 and 032263.
D_E
NORTH CAROLINA Q
U
department of En i,e Q.tal auality
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

Home Gallery Site
Inspection/Maintenance Letter
Page 2 of 2
January 30, 2020
During the inspection, it was observed that part of the site was paved and had a building on top of it
and the other parcels were grassed over. 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 building, the paved parking lot, and a soil and vegetation cap.
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=[e-mail], c=US
Date: 2020.01.30 09:44:25-0500'
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
e:!ar:0-f DEQWAj
NORTH CAROLINA
ilupadmu,r ur En irp 0. 1 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