27_N0320_INSP_20200317

FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management
Solid Waste Section

UNIT TYPE:
Lined MSWLF LCID Notified X YW Transfer Compost SLAS COUNTY: Currituck
Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: N0320
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: March 17, 2020 Date of Last Inspection: January 07, 2020
FACILITY NAME AND ADDRESS: Newbern Brothers Waste Storage Site S.R. 1121, Buster Newbern Road Powells Point, North Carolina 27966 GPS COORDINATES: N: 36.175539 E: -75.853696 FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Newbern Brothers H. D. Newbern Finley Newbern Telephone: [phone] 252 473 8501 252 256 0648
Email address: [e-mail] FACILITY CONTACT ADDRESS: Newbern Brothers
P.O. Box 189 Powells Point, North Carolina
27966
PARTICIPANTS:
H. D. Newbern - Partial Owner Finley Newbern - Partial Owner Rachael Anderson - Currituck Co. Code Enforcement Officer
John College - NCDEQ DWM SWS STATUS OF PERMIT:
Notified site. No permit required.
PURPOSE OF SITE VISIT: Follow up Facility Compliance Inspection.
STATUS OF PAST NOTED VIOLATIONS: Remediation is being conducted to achieve compliance of past violations. OBSERVED VIOLATIONS No new violations 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.
FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section
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ADDITIONAL COMMENTS; 01 - The land on which this Land Clearing and Inert Debris Landfill (LCID) is located, is owned by H.D. Newbern and Finley S. Newbern and recorded in Book 401 page 46 of the Currituck Co. Register of Deeds.
02 - The Notification was recorded on July 24th, 1997 in Book 413 Page 825 of the Currituck County Register of Deeds. 03 - Site has locking gate for security. 04 - The road is in good condition. Constructed of rock and sand for all-weather conditions. 05 - Currently the facility is using a shear to reduce the size of some of the debris so it can go thru the grinder. 06 - Facility has ground up quite a bit of the debris that has been dug up. 07 - Debris that have been ground up have been located on the top of the LCID. 08 - Small debris mixed with dirt are also being moved to the top of the LCID. 09 - The material moved to the top of the LCID will be used to make a 50/50/ soil/mulch cover material on the LCID. 10 - Currituck Co. has also issued a Notice of Violation (1276) on the property where this LCID is located. The Violation is for a Zoning Violation. Required Compliance Date of April 01, 2020. 11 - The property is not zoned for landfill use. UDO Code Reference: Chapter 4, Subsection 4.1.2: Use Table & Chapter 4, Subsection 4.2.5. E2. Landfills (LCID and CD). 12 - This zoning ordinance was adopted in 1992. The Notified LCID was established in 1997 discovered in records that John College found. 13 - There is an area approximately 225 feet from the LCID on this tract of land that was zoned for this type of use. 14 - Currituck Co. (Rachael Anderson) is working with the landowners and the State of North Carolina (NCDEQ-DWM-SWS- John College) to work out a solution. May try to re-zone this area. 15 - Landowners have requested a THREE MONTH extension on the Required Compliance Date due to the large amount of debris to be moved and the weather from Currituck Co. 16 - This request will be a formal request using a written document sent to Currituck Co. 17 - A copy of the request will be sent to John College from Rachael Anderson after Currituck Co. has reviewed the request document. 18 - No digging is taking place currently per John College’s request to start the grinding process to make more working room to dig up and store the remaining debris. 19 - Currently, it was determined by John College and Rachael Anderson that the landowners are working to come into compliance. Other compliance site inspections will take place in the near future. 20 - Items listed were discussed with H.D. Newbern and Finley Newbern at this facility. 21 - Digital pictures were taken during this Facility Compliance Inspection.

FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section
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Please contact me if you have any questions or concerns regarding this inspection report.

___________________________ Phone: [phone] Email: [e-mail]
Environmental Senior Specialist Regional Representative

Sent on: March 19, 2020 X Email Hand delivery US Mail Certified No. [ _]

Copies: * Andrew Hammonds – Eastern District Supervisor

• Area where dug up debris have been removed and ground for mulch.

FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section
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• Large sheared debris and Large debris ready to be sheared for grinding.

• Small debris mixed with dirt and ground up mulch on the top of the LCID.