CircleKFarmsIandII_CoverLetter_20200217

North Carolina Department of Environmental Quality | Division of Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200

February 17, 2020

Kilpatrick Farms Inc.
Mr. John D Kilpatrick II
131 Oak Meadow Lane
Magnolia, NC 28453

SUBJECT: Structural Fill Inspection and Maintenance Reminder
Circle K Farm I and Farm II Farm Road
Coal Combustion By-Products Structural Fill CCB0034
Duplin County

Dear Mr. Kilpatrick:

On December 11, 2019, Liz Patterson and David Powell, representing the Solid Waste Section
(Section), inspected property containing the closed Circle K Farm I and Farm II Farm Road CCB0034
located at Circle K Lane, Magnolia, NC in Duplin County. The structural fill on this property was
constructed under the rules codified in 15A NCAC 13B Section .1700. The site was filled with
approximately 9,700 cubic yards of coal combustion by-product from Cogentrix Energy Incorporated
in Kenansville, North Carolina. The coal combustion by-product used for structural fill is located
under the roadway between Circle K I and Circle K II. Fill activity occurred between October 1, 1995
and March 1, 1996.

The coal combustion by-product used for structural fill is located under the roadway between Circle
K I and Circle K II. Current use is same as last inspection on January 6, 2010. No areas migration of
the coal combustion by-product was noted during this inspection.

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
North Carolina Department of Environmental Quality | Division of Waste Management 217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200
Circle K Farm I and II Farm Road
Inspection/Maintenance Letter
Page 2 of 2
February 17. 2020

were approved at the time of construction. The coal combustion by-product used for structural fill is
located under the concrete floors of hog production houses.

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 me at 910-
796-7405 or e-mail [e-mail] .

Sincerely,

Liz Patterson
Environmental Senior Specialist
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