N0047_INSP_20200421

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

UNIT TYPE:
Lined
MSWLF LCID X YW Transfer Compost SLAS COUNTY: Carteret
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: LCIDN-N0047-
CDLF Tire T&P /
Collection Tire
Monofill Industrial
Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Inspection: 21 April 2020 Date of Last Inspection: 18 July 2018

FACILITY NAME AND ADDRESS:
Garner Construction LCID Landfill
Herring-Smith Road
Newport, NC 28570

GPS COORDINATES: N: 34.76751 E: -076.84179

FACILITY CONTACT NAME AND PHONE NUMBER:
Morgan L Garner
252.223.4019

FACILITY CONTACT ADDRESS:
Garner Construction Company
5970 US Highway 70
Newport, NC 28570
Attn: Morgan Garner

PARTICIPANTS:
Ray Williams; NCDEQ-Solid Waste

STATUS OF PERMIT:
Active: Notified Landclearing and Inert Debris (LCID) Landfill

PURPOSE OF SITE VISIT:
Comprehensive Facility Compliance Inspection

STATUS OF PAST NOTED VIOLATIONS:
None applicable

OBSERVED VIOLATIONS:
1) 15A NCAC 13B .0564 (9)(a) states “The facility shall meet the following minimum buffer requirements: 50 feet
from the waste boundary to all surface waters of the state…”
2) 15A NCAC 13B .0564 (9)(b) states “The facility shall meet the following minimum buffer requirements: 100
feet from the disposal area to property lines…”
3) 15A NCAC 13B .0566 (1) states “Operational plans shall be approved and followed as specified for the
facility.”
4) 15A NCAC 13B .0566 (3) states “Solid waste shall be restricted to the smallest area feasible and compacted
as densely as practical into cells.”
5) 15A NCAC 13B .0566 (4) states “Adequate soil cover shall be applied monthly, or when the active area
reaches one acre in size, whichever occurs first.”
6) 15A NCAC 13B .0566 (6) states “Adequate erosion control measures, structures, or devices shall be utilized
to prevent silt from leaving the site and to prevent excessive on site erosion.”
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
N0047_INSP_20200421
Page 2 of 5

7) 15A NCAC 13B .0566 (7) states “Provisions for a ground cover sufficient to restrain erosion must be
accomplished within 30 working days or 120 calendar days upon completion of any phase of landfill
development.”
8) 15A NCAC 13B .0566 (8) states “The facility shall be adequately secured by means of gates, chains, berms,
fences, etc. to prevent unauthorized access except when an operator is on duty. An attendant shall be on duty at all
times while the landfill is open for public use to assure compliance with operational requirements and to prevent
acceptance of unauthorized wastes.”

Please see the ADDITIONAL COMMENTS section below for details concerning the violations listed above.

ADDITIONAL COMMENTS:
1) This Facility is a Land-Clearing and Inert Debris (LCID) Landfill Notification.
2) This Facility is recorded with the Carteret County Register of Deeds at: Book #0193; Page #0042
3) This Facility is permitted to receive for disposal:
a. Land Clearing Waste: stumps, trees, limbs, brush, grass, and other naturally occurring vegetative
materials generated solely from land clearing activities.
b. Yard Trash: brush, grass, tree limbs, and similar vegetative materials resulting from landscaping and
yard maintenance.
c. Inert Debris and Untreated Wood: concrete, brick, concrete block, uncontaminated soil, gravel and
rock, untreated and unpainted wood; and
d. Used Asphalt: used asphalt or asphalt mixed with dirt, sand, gravel, rock, and concrete.
4) The disposal area for this Facility may not exceed 2 acres in total size.
5) The access road to the Facility is being managed properly at this time.
6) This Facility is secured by a locked gate at the facility entrance and has controlled access for safety. The gate
was open upon my arrival and no attendant was on site during this Facility Compliance Inspection. *Moving
forward, the gate should be closed and locked any time there is no attendant on site.
7) The landfill disposal area appears to have encroached the required 100’ buffer from the property line along the
toe of the northwestern side of the landfill (please see the aerial photo on the final page of this report). *Within
thirty days of receipt of this Facility Compliance Inspection Report, please measure the landfill disposal
footprint and all required buffers. All waste found to be disposed within the required buffer areas should be
pulled back far enough to provide for the required buffer distance(s) from the toe of the disposal area.
8) The landfill disposal area appears to have encroached the required 50’ buffer from surface waters along the toe
of the southeastern side of the landfill (please see the aerial photo on the final page of this report). *Within
thirty days of receipt of this Facility Compliance Inspection Report, please measure the landfill disposal
footprint and all required buffers. All waste found to be disposed within the required buffer areas should be
pulled back far enough to provide for the required buffer distance(s) from the toe of the disposal area.
9) The landfill disposal area has not been staked to mark the permitted disposal area.*Within thirty days of
receipt of this Facility Compliance Inspection Report, the waste disposal boundary should be measured and
the perimeter of the landfill should be staked with permanent, highly visible markers to identify the landfill
footprint boundaries and all required buffers as listed in 15A NCAC 13B .0564 (9) on your LCID notification
form. Any waste found to have been placed within this buffer should be pulled back to within the proper
disposal area.
10) The waste type being disposed is LCID waste only; no unacceptable waste streams were observed during this
Facility Compliance 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
N0047_INSP_20200421
Page 3 of 5

11) It appears that the active areas of landfill have not been covered in some time. *Moving forward, please
ensure that the active working area is covered and graded monthly, or when the active working area reaches
one acre in size, whichever occurs first.

12) The outside slopes of the landfill appear to be graded at a slope greater than 3:1. *Within thirty days of receipt
of this Facility Compliance Inspection Report, plans need to be underway to cover and grade all outside
slopes at a slope not greater than 3:1. Moving forward all outside slopes should be constructed and maintained
at a slope not greater than 3:1.

13) The outside slopes have not been compacted and covered as required. *Within thirty days of receipt of this
Facility Compliance Inspection Report, please compact and cover outside slopes. After completion all
repaired areas should be seeded and mulched to establish a groundcover suitable to prevent erosion of the
landfill cap system.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
N0047_INSP_20200421
Page 4 of 5

14) The access area around the toe of the landfill has overgrown with brush and woody vegetation and is
inaccessible in many areas. *Within thirty days of receipt of this Facility Compliance Inspection Report,
please mow/clear the access around the entire perimeter of the landfill.
15) No off-site erosion was noted during this Facility Compliance Inspection.
16) *Corrective actions are required as a result of this Facility Compliance Inspection.

Please contact me if you have any questions or concerns regarding this Facility Compliance Inspection Report.

Ray Williams; Environmental Senior Specialist Phone: [phone] E-mail: [e-mail]

Regional Representative

Delivered on: 23 April 2020 by Electronic delivery US Mail X Certified No. [7019 2970 0001
3139 9197]

cc: Andrew Hammonds; Eastern District Supervisor/SWS: [e-mail]

C: \2020\Carteret\Notifications\N0047\Inspections\N0047_INSP_20200421
NCDEQ DWM Laserfiche Online Document Management System:
https://edocs.deq.nc.gov/WasteManagement/Browse.aspx?id=741909&dbid=0&repo=WasteManagement


 Go Green! Thank you for helping NCDEQ be environmentally responsible.  
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
N0047_INSP_20200421
Page 5 of 5

Approximate property boundary marked in yellow. 
Approximate location of creek/surface waters marked in blue.