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HomeMy WebLinkAbout4505TP_ROSCANS_20107009 1680 0000 7514 m m 8048 nioccGnt� rn R 2 w 0 (D ° w Q o • T �T NT T pK Nam s to c' o n o ? .Xt , wo; Wam vwi • )0 v Iona W T C m� item 4 if Restricted delivery is desired: ■ Print your;name' and address on the reverse so that.we can return the card to you., g ■ Attach this card to the -back of, the hiaiipiece or, on the front if space permits. 'D 1. Article Addressed to: Less Mulch Pius' P,4. Box 17S3 Fairview, NC 28730-1783 am j` 2. Article Number _-(fransfe^f^omservioeaabel)}- r W m-ut:11my auuicaa umcI — m none i If YES, enter deliverya s below c oG N. is Type ertified Mail' . ❑ Express Mail Registered eturn Recelpt for Merchandise insured Mail' ❑rC.O.D. estricted Delivery? (Extra Fee) ❑Yes 00.00 7;514 :8048 w { W S }yy ` J u ss Y 7 K fK r 8 ° x o a K y� 000 0 010 OOOBIO 2 U z a-J 0 U 0 L Q) Pete Henry —Attorney for Linda and Leslie Erickson — called 12/1/2010 at 1:45 PM and said that they would have the material moved outside of the floodplain. I told him that they had 20 days from November 19, 2010. X ..13 ---- "Li . .- . a r OFFICIAL USE 43 X) Postage $ 'ILI Certified Fee _n Postmark =1 ;Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) _n r.9 Total Postage & Fees $ M Sent To _a =1 - --------------------------------------------------------------------------- C:3 or PO Box No. ----------- 7 ------------------------------------------------------- 15;W A74LA. NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section �(k y q -jV sa—E, UNIT TYPE: Lined LCID YW Transfer Compost SLAS COUNTY: HENDERSON MSWLF PERMIT NO.: 45-05TP Closed HHW White mein T&P X FIRM MSWLF goods FILE TYPE: COMPLIANCE CDLF TireT&P/ Tine Industrial DEMO SDTF Collection Monofill Landfill Date of Audit: 07/15/10 FACILITY NAME AND ADDRESS: Les's Mulch Plus 2630 Asheville Highway Hendersonville, NC 28792 Date of Last Audit: first inspection (see comment #0 GPS COORDINATES: N: 35.353059 E:-82.470845 FACILITY CONTACT NAME AND PHONE NUMBER: Leslie or Linda Erickson, owner/operators (828) 628-0350 (828) 243-4537 Linda Erickson cell: (828) 329-0329 brushrat2003@yahoo.com FACILITY CONTACT ADDRESS: PO Box 1783 Fairview, NC 28730 AUDIT PARTICIPANTS: Andrea Keller — NCDENR Solid Waste Section Linda Erickson, operator/owner STATUS OF PERMIT: Active — November 2, 2006 Expires — November 2, 2011 PURPOSE OF AUDIT: Comprehensive NOTICE OF VIOLATION(S): 15A NCAC 13B .0203 (d) By receiving solid waste at a permitted facility, the permittee(s) shall be considered to have accepted the conditions of the permit and shall comply with all conditions of the permit. During the July 15, 2010 site inspection the location of waste piles (both processed and unprocessed land clearing debris) violated buffer requirements cited within the Operations Plan (Attachment 2, Document 3 of the approved documents). See Areas of Concerns and Comments #3 below. According to the approved documents: A minimum 100-foot buffer must be maintained between the on site well and all material piles; FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section Page 2 of 4 2. A minimum 100-foot buffer must be maintained between all material piles and all surface waters (on site creek and ponds); and 3. A 50-foot minimum buffer requirement must be maintained between all material piles and the property lines. Les's Mulch Plus is in violation of 15A NCAC 13B .0203 (d) for failure to comply with the conditions of the permit. In order to achieve compliance, Les's Mulch Plus must, within 30 days of receipt of this Notice of Violation, mark and maintain the 50-foot buffer requirement between all property lines and the mulching/material storage operations; and must mark and maintain the 100-foot buffer requirement between all on site wells and surface waters and the mulching/material storage operations. You are hereby 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 Statute or Regulations. For the violation(s) noted here, you may 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. STATUS OF PAST NOTED VIOLATIONS: None AREAS OF CONCERN AND COMMENTS: 1. On -site for comprehensive site inspection. Facility was originally permitted as a Land Clearing Waste Treatment & Processing Facility in November of 2006. For reason unknown, the facility was not entered into the Section database for facility tracking. 2. According to the Permit to Operate (PTO) Operational Condition #6: Operation and Maintenance of this facility shall be in accordance with the 15A NCAC 1313, the Solid Waste Management Rules, and the approved Plans and Drawings as described in the List of Approved Documents, Attachment 2, Documents 1, 2, and 3. 3. In trying to determine the site buffer requirements as approved by the permitting section, several documents were referenced. The PTO Operational Condition #7 states: All buffers from the processing and storage areas shall be maintained in accordance with the approved plans. The Operations Plan (Attachment 2, Document 3, front page) states the following: 1) ...Also, no mulch or any other material will be within 100 feet of the well... 2) The property is bordered by Mudd Creek. There are 2 man made ponds and a small stream that runs through the property. There will be no Mulch piles or any other material within 100 feet of these waters. Operations and Maintenance, Storage of Materials: 1. The materials are stored in Windrows on site to age the materials. The windrows are planned to be approximately 15 feet wide at the bottom and approximately 10 feet high and oriented east/west on the site. All materials are separated from the edge of the property with a 50 foot nzinintunt buffer as required by .1404(a)5. On our site plan a 100' buffer is indicated. During the site inspection, the approximate location of the well (referenced above) was pointed out as being under a pile of staged land clearing (pre -grind) in order to "protect the well." Additionally, chipped product piles were located within approximately 30-feet of the well location. Along the both the on -site stream and the pond locations, land -clearing materials had been staged next to the surface waters (see photo). FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section Page 4 of 4 noted during the site inspection, please be aware of this issue and ensure that product does not contain mixed wastes. 5. The PTO Operational Condition #11 stated that a minimum of 75% of acceptable materials received shall be treated or processed and distributed within 12 months of receipt. During the site inspection it was stated that both grinders were inoperative. While the majority of the stockpiled land clearing material appeared to have been on site for less than six months, there were older debris piles visible toward the back of the property. Please ensure that this operational condition is met. The PTO Operational Condition # 12 stated that any heat generation in excess of 110 degrees Fahrenheit (composting) in any of the piles of material at the facility may require the facility to meet all the requirements of Section .1400 of the Solid Waste Management Rules, or close. While the observed mulch area appeared to be fairly recent product (little indication of composting), no equipment was available at the facility to ensure that material piles remain within the 110 degree limit for heat generation. A temperature gauge should be available to monitor product piles and windrows in order to meet this operational condition and to ensure that excess temperatures are not being reached (fire hazard). 7. The PTO Operational Condition #20 states that a copy of the permit and the approved plans shall be maintained at the facility. No site documentation was available during the time of the inspection. 8. The PTO Operational Condition #21 states that fires and non -conforming waste incidents shall be reported to the Solid Waste Section within. 24 hours, and a written notification submitted within 15 clays. No fires associated with product piles had occurred to -date according to owner/operator. For future reference, the reporting form can be located at the following link: http://portal.ncdenr.org/web/w►n/sw/forms (under "Fire"; The emergency response plan is located within the Operations Plan. The facility has hose/pump on site to use in case of fire emergency (water source is the larger pond on site). 9. The product pile (mulch) appeared to be of acceptable materials (land clearing wood wastes). The facility appears to sort unacceptable materials out of the product piles for proper disposal. Note that the facility screening plan states that no unacceptable materials are stored at the site. They are reloaded into trucks and immediately sent for proper disposal. 10. The PTO Operational Condition #22 discusses the annual reporting requirements. Reports are due on August I" of each year for the previous July 1 through June 30. The report is located on-line at the link noted above, under "Annual Reporting," Treatment and Processing Facility. Please contact me if you have any questions or concerns regarding this audit report. Phone: (828) 296-4700 Andrea Keller Environmental Senior Specialist Regional Representative Mailed on : 07/28/10 by Hand delivery US Mail Certified No. [7006 2150 0005 2458 92661 ec: Mark Poindexter, Field Operations Branch Supervisor Deb Aja, Western District Supervisor Donald Herndon, Compliance Officer 4028 Haywood Rd, Mills River, NC 28759 to 2630 Asheville Hwy, Hendersonville, NC 2... Page 1 of 2 101.")(.#C Directions to 2630 Asheville Hwy, �� Hendersonville, NC 28792 11.6 mi — about 22 mins 1P U ro �u :r r -x z Horse Shoe ..... .. _ .. .............. _ .............. .......... Save trees Go greenIx Download Google Maps on you f phone ut goalecsrr�/rvtrr) r , ............. ........... 'r h •.tJ� f-leiet'ier �f. 1N "6 Balfour rf ©2010 a-15 @. Map data ©2010 Google -'. http://niaps.google. com/maps?f=d&source=s_d&saddr=4028+haywood+road,+28759&d... 12/ 10/2010 FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section Page 2 of 2 typical for pre/post consumer food wastes and that the final product should be mixed with non -composted mulch in order to create a better product for use in gardening/landscaping. 4. Facility planned capacity was not being met with current drum system. Second drum had been purchased in order to increase the operational capacity, and will be placed next to existing drum (on existing concrete pad) Additional modifications are underway at the facility. The 4-bin post -drum cure system has been replaced with a 7-bin system, and the final product pile and screening area has gone from a 1-bin system to a 4-bin system. No materials were currently in the bin/cure phase of composting. Ms. Peddie contacted the Section in an email dated July 22, 2010 to discuss updates and notify the Section of Warren Wilson College's intent to revise the current permit (which will include an updated site map and operational schematics). Please contact me if you have any questions or concerns regarding this audit report. Phone: (828) 296-4700 Andrea Keller Environmental Senior Specialist Regional Representative Mailed on: 08/17/10 by Hand delivery US Mail Certified No. i_1 ec: Mark Poindexter, Field Operations Branch Supervisor Deb Aja, Western District Supervisor Donald Herndon, Compliance Officer Michael Scott, Composting and Land Application Branch Manager A � NCDENR North Carolina Department of Environment and Natural Resources Division of Waste Management Beverly Eaves Perdue Dexter R. Matthews Governor Director SOLID WASTE SECTION June 30, 2010 Mr. Leslie Erickson, Owner/Operator Les's Mulch Plus Post Office Box 1783 Fairview, North Carolina 28730 Dee Freeman Secretary Subject: Document Update Les's Mulch Plus, Land Clearing and Inert Debris (LCID) Treatment and Processing Permit No. 45-05, Henderson County Dear Mr. Erickson: I am in the process of updating the Section's records regarding your facility. In order to do this I am requesting electronic copies of drawings that have been supplied in the past to the Section, as printed copies only. In 2006 you supplied Mr. Jim Coffey a drawing of your facility that was done for you by; James E. Ellis, P.L.S., 1334 Charlotte Highway, Suite G, Fairview, North Carolina 28730, the drawing is entitled; Site Plan For: Lesie L. & Linda L. Erickson, State of North Carolina, Henderson County, Hendersonville Township and is dated September 21, 2006. I would greatly appreciate you or your surveyor supplying me a copy of this drawing in .pdf format. My address and contact information are located below. Again, your cooperation in this matter will be greatly appreciated. If you should have any questions regarding this issue you may contact me at (828) 296-4704 or Larry.Frost Lamcdenngov. Sincerely, Larr rost En ironmental Engineer 2090 US Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500 \ FAX: 828-299-7043 \ Internet: www.wastenotnc.org/swhome An Equal Opportunity \ Affirmative Action Employer Nne orthCarolina Naturally M: name given to the facility. Name can permit name, but does Name not have to. Les's Mulch Plus M: first line of physical address assigned by local 911 service, may be different than mailing address. 2630 Asheville Highway Addren2 M: second line of physical address, used when necessary. city, M: city, town or locality where facility is located. Hendersonville M: two letter US postal service abbreviation for the state where State:., the facility is located. NC Zi M: zip code for the location address. 28791 �QQIJn M: county name where facility is located. Henderson Latitude M: decimal degrees, should be between 33 and 37. 35.3519 Longitude M: decimal degrees, should be between -75 and -85. -82.4734 0: applies to how the coordinates were collected: 001 =GPS or Horii Collection Method 002=geocode or 003=from map 003 0: descriptive text for locating a facility when address is not Supplernbn*LLocation" practical. M: 001 =Fixed or 002=Mobile, e.g. Facility is Fixed, a septage Oiorn6fric-Te pumper is Mobile 001 0: description of point where coordinates were collected at the facility, 001 =front door, 002=permitted feature, 003=for mobile, Reference Point,: 004=undefined point on facility 001 Status M: description of the overall facility; Open or Closed. Open M: classification of the owner of the facility as either Public or Owner. Private entities. Private M: date on which the facility began to be of interest to the program, Facility Registration Date; Facility's Original Permit Issue Date; Facility's First Inspection Date; Program's Start Date; Starf;06W Department's Creation Date (07/01/1989) September 21, 2006 0: description of event represented by Start Date field, e.g. Start .:Date Qualifier Facility's Original Permit Issue Date. November 2, 2006 0: date on which the facility ceased to be of interest to the End, W6 program. 0: description of event represented by End _Date field, e.g. Date End DdW'-,'QUAIifiet, of Final Closure. PermitID M: unique id number used for permit M: id number used in location table to identify the facility or environmental interest subject to this permit. This number is LocationVL. assigned and is only needed if permit relates to an existing site. Pdrmit. Name - M: Common Name used for this permit Les's Mulch Plus itl$8 OBDOW�-:-: P.0 0 M: Date when first permit issued. November 2, 2006 M: Date MOST recent permit issued. November 2, 2006 PqrrnitE tQate M: Date when current permit expires. November 2, 2011 M: Active=Accepting/hand ling waste; Inactive=Not accepting �F` p waste; Proposed =App I ication in-house for NEW permit; Expired=Past Expiration date but not officially closed; Post Closure=Not taking waste but monitoring; Closed=Not accepting waste and 'official' closure letter sent; Post -Closure Complete=Not taking waste and monitoring complete; P6rmItStattJs. County=Non-facility within a county Active M: block of rules governing site e.g. .1600, .0500, .1100,.0800, Rdl e etc. .0300 M: environmental monitoring required, yes is required or no is not EnVlYlbnitbdno�-,� required. No M: primary waste type handled under this permit: MSW, CD, Prima Waste, _�pe Indus, Tire, LCID, Medical, YW, Septage, HHW, WG LCID M: primary operation when dealing with waste: LF, Trans, L an dAp, TP, Compost, MatRecovery, Incin, Hauler, Prima .Ooeration' Z4 P. WasteToEnergy, Authorization, Notification, Collection, Detention TP -:Oyffier Nalme 1K name of owner as appears on the permit. Mr. Leslie Erickson 177 7 i5aw" I M: name of operator/facility manaqer. Mr. Leslie Erickson t*qnn - 1 9 - address 0 0$ �, zip 28730 1/3v �z�s A74LA.. NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE5 FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section UNIT TYPE: Lined LCID YW Transfer Compost X SLAS COUNTY: BUNCOMBE MSWLF PERMIT NO.: SWC-11-15 Closed HHW White I Incin T&P FIRM MSWLF goods FILE TYPE: COMPLIANCE CDLF TireT&P/ Tire Industrial DEMO SDTF Collection Monofill Landfill Date of Audit: 7/23/10 FACILITY NAME AND ADDRESS: Warren Wilson College 701 Warren Wilson Road Swannanoa, NC 28778 Date of Last Audit: 10/21/09 GPS COORDINATES: N: 35.609337 E:-82.44089 FACILITY CONTACT NAME AND PHONE NUMBER: Jessica Wooten Supervisor, Recycling and Solid Waste Crew (828) 771-2035 Contacts: Amy Peddie or Makailah McKinay (620) 206-0004 cell FACILITY CONTACT ADDRESS: PO Box 9000 CPO 6216 Asheville, NC 28815-9000 AUDIT PARTICIPANTS: Andrea Keller, DENR — Solid Waste Section Amy Peddie, Warren Wilson College Crew STATUS OF PERMIT: Active—11/4/2009 Small Type 3 Composting Permit PURPOSE OF AUDIT: Comprehensive NOTICE OF VIOLATION(S): None STATUS OF PAST NOTED VIOLATIONS: None AREAS OF CONCERN AND COMMENTS: L—� v Cl C-7 e C� wt, Z., - � -�� {-/LF, W7 lJ 1. On site to conduct final audit (comprehensive). Audit participants included: A. Keller and Amy Peddie). 2. FY 09-10 temperature data was available (7/1/09-6/30/10 reviewed). Waste analysis analytical data was available and reviewed (10/9/09 sampling event). Most recent solids test was conducted in the fall of 2009. No issues noted. 3. Soluble Salt levels continued to be considered high (greater than 50 ppm). M. Scott had stated that this is � �. � .-_- S �� �.S `'� 0'*v A it� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NR'URAL RESOURCES FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section UNIT TYPE: Lined MSWLF LCID YW Transfer Compost SLAS COUNTY: HENDERSON PERMIT NO.: 45-05TP Closed MSWLF HEW White Incin T&P X FIRM goods FILE TYPE: COMPLIANCE CDLF Tire T&P/ Tire Industrial DEMO SDTF Collection Monofill Landfill Date of Audit: 07/15/10 FACILITY NAME AND ADDRESS: Les's Mulch Plus 2630 Asheville Highway Hendersonville, NC 28792 Date of Last Audit: first inspection (see comment # 1) GPS COORDINATES: N: 35.353059 E:-82.470845 FACILITY CONTACT NAME AND PHONE NUMBER: Leslie or Linda Erickson, owner/operators (828) 628-0350 (828) 243-4537 Linda Erickson cell: (828) 329-0329 brushrat2003kyahoo.com FACILITY CONTACT ADDRESS: PO Box 1783 Fairview, NC 28730 AUDIT PARTICIPANTS: Andrea Keller — NCDENR Solid Waste Section Linda Erickson, operator/owner STATUS OF PERMIT: Active — November 2, 2006 Expires —November 2, 2011 PURPOSE OF AUDIT: Comprehensive NOTICE OF VIOLATION(S): 15A NCAC 13B .0203 (d) By receiving solid waste at a permitted facility, the permittee(s) shall be considered to have accepted the conditions of the permit and shall comply with all conditions of the permit. During the July 15, 2010 site inspection the location of waste piles (both processed and unprocessed land clearing debris) violated buffer requirements cited within the Operations Plan (Attachment 2, Document 3 of the approved documents). See Areas of Concerns and Comments #3 below. According to the approved documents: 1. A minimum 100-foot buffer must be maintained between the on site well and all material piles; -1L11 Y t-UN ILA"Uh AULI. Division of Waste Management Solid Waste Section Page 2 of 4 2. A minimum 100-foot buffer must be maintained between all material piles and all surface waters (on site creek and ponds); and 3. A 50-foot minimum buffer requirement must be maintained between all material piles and the property lines. Les's Mulch Plus is in violation of 15A NCAC 13B .0203 (d) for failure to comply with the conditions of the permit In order to achieve compliance, Les's Mulch Plus must, within 30 days of receipt of this Notice of Violation, mark and maintain the 50-foot buffer requirement between all property lines and the mulching/material storage operations; and must mark and maintain the 100-foot buffer requirement between all on site wells and surface waters and the mulching/material storage operations. You are hereby 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 Statute or Regulations. For the violation(s) noted here, you may 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. STATUS OF PAST NOTED VIOLATIONS: None AREAS OF CONCERN AND COMMENTS: 1. On -site for comprehensive site inspection. Facility was originally permitted as a Land Clearing Waste Treatment & Processing Facility in November of 2006. For reason unknown, the facility was not entered into the Section database for facility tracking. 2. According to the Permit to Operate (PTO) Operational Condition #6: Operation and Maintenance of this facility shall be in accordance with the 15A NCAC 1313, the Solid Waste Management Rules, and the approved Plans and Drawings as described in the List of Approved Documents, Attachment 2, Documents 1, 2, and 3. 3. In trying to determine the site buffer requirements as approved by the permitting section, several documents were referenced. The PTO Operational Condition #7 states: All buffers from the processing and storage areas shall be maintained in accordance with the approved plans. The Operations Plan (Attachment 2, Document 3, front page) states the following: 1) ...Also, no mulch or any other material will be within 100 feet of the well... 2) The property is bordered by Mudd Creek. There are 2 man made ponds and a small stream that runs through the property. There will be no Mulch piles or any other material within 100 feet of these waters. Operations and Maintenance, Storage of Materials: 1. The materials are stored in Windrows on site to age the materials. The windrows are planned to be approximately 15 feet wide at the bottom and approximately 10 feet high and oriented east/west on the site. All materials are separated from the edge of the property with a 50 foot minimum buffer as required by .1404(a)5. On our site plan a 100' buffer is indicated. During the site inspection, the approximate location of the well (referenced above) was pointed out as being under a pile of staged land clearing (pre -grind) in order to "protect the well." Additionally, chipped product piles were located within approximately 30-feet of the well location. Along the both the on -site stream and the pond locations, land -clearing materials had been staged next to the surface waters (see photo). -MII x L VIVll"L1AAUL+' AUDI. Division of Waste Management Solid Waste Section Page 3 of 4 07/15/10 According to the approved site plan (shown below), there is limited available space on site for the storage of materials. This issue may require further discussion with the Section permitting engineer (Larry Frost, 828-296-4704) to determine if a permit modification could resolve this issue for the facility at a future date. R y� _ `0 f + 50-1oot buffer between property line and product/storage 100 foot buffer between all surface waters and productlatorage t'.. ti' Estimated location of potable well. L-1 100-foot buffer between well and all productisborage. 1.0 ib 40 end �Oel 4. The PTO Operational Condition #8 stated that this facility shall accept only land -clearing wastes, which is generated solely from land -clearing activities such as stumps, trees, brush, grass, and other naturally occurring vegetative material. Similar material generated from landscaping activities (such as grass clippings and leaf collections) are not allowed under this permit. Please note that your facility has received a complaint for product that may have mixes wastes. The complainant stated that he was told that the delivered mulch might have treated wood ground in with land clearing debris (railroad ties). While no mixed materials were Division of Waste Management Solid Waste Section Page 4 of 4 noted during the site inspection, please be aware of this issue and ensure that product does not contain mixed wastes. 5. The PTO Operational Condition # 11 stated that a minimum of 75% of acceptable materials received shall be treated or processed and distributed within 12 months of receipt. During the site inspection it was stated that both grinders were inoperative. While the majority of the stockpiled land clearing material appeared to have been on site for less than six months, there were older debris piles visible toward the back of the property. Please ensure that this operational condition is met. 6. The PTO Operational Condition # 12 stated that any heat generation in excess of 110 degrees Fahrenheit (composting) in any of the piles of material at the facility may require the facility to meet all the requirements of Section .1400 of the Solid Waste Management Rules, or close. While the observed mulch area appeared to be fairly recent product (little indication of composting), no equipment was available at the facility to ensure that material piles remain within the 110 degree limit for heat generation. A temperature gauge should be available to monitor product piles and windrows in order to meet this operational condition and to ensure that excess temperatures are not being reached (fire hazard). 7. The PTO Operational Condition #20 states that a copy of the permit and the approved plans shall be maintained at the facility. No site documentation was available during the time of the inspection. 8. The PTO Operational Condition #21 states that fires and non -conforming waste incidents shall be reported to the Solid Waste Section within 24 hours, and a written notification submitted within 15 days. No fires associated with product piles had occurred to -date according to owner/operator. For future reference, the reporting form can be located at the following link: http://portal.ncdenr.org/web/wm/sw/forms (under "Fire"). The emergency response plan is located within the Operations Plan. The facility has hose/pump on site to use in case of fire emergency (water source is the larger pond on site). 9. The product pile (mulch) appeared to be of acceptable materials (land clearing wood wastes). The facility appears to sort unacceptable materials out of the product piles for proper disposal. Note that the facility screening plan states that no unacceptable materials are stored at the site. They are reloaded into trucks and immediately sent for proper disposal. 10. The PTO Operational Condition #22 discusses the annual reporting requirements. Reports are due on August V of each year for the previous July 1 through June 30. The report is located on-line at the link noted above, under "Annual Reporting," Treatment and Processing Facility. Please contact me if you have any questions or concerns regarding this audit report. Phone: (828) 296-4700 Andrea Keller Environmental Senior Specialist Regional Representative Mailed on : 07/28/10 by Hand delivery US Mail Certified No. 17006 2150 0005 24M 92661 ec: Mark Poindexter, Field Operations Branch Supervisor Deb Aja, Western District Supervisor Donald Herndon, Compliance Officer NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section UNIT TYPE: Lined LCID YW Transfer Compost SLAS COUNTY: HENDERSON MS WLF PERMIT NO.: 45-05TP Closed HHW White mein T&P X FRM MSWLF goods FILE TYPE: COMPLIANCE CDLF TireT&P/ Tire Industrial DEMO SDTF Collection Monofill Landfill Date of Audit: 07/15/10 FACILITY NAME AND ADDRESS: Les's Mulch Plus 2630 Asheville Highway Hendersonville, NC 28792 Date of Last Audit: first inspection (see comment # 1) GPS COORDINATES: N: 35.353059 E:-82.470845 FACILITY CONTACT NAME AND PHONE NUMBER: Leslie or Linda Erickson, owner/operators (828) 628-0350 (828) 243-4537 Linda Erickson cell: (828) 329-0329 bi-ushrat2003@yahoo.com yahoo.com FACILITY CONTACT ADDRESS: PO Box 1783 Fairview, NC 28730 AUDIT PARTICIPANTS: Andrea Keller — NCDENR Solid Waste Section Linda Erickson, operator/owner STATUS OF PERMIT: Active — November 2, 2006 Expires — November 2, 2011 PURPOSE OF AUDIT: Comprehensive NOTICE OF VIOLATION(S): 15A NCAC 13B .0203 (d) By receiving solid waste at a permitted facility, the permittee(s) shall be considered to have accepted the conditions of the permit and shall comply with all conditions of the permit. During the July 15, 2010 site inspection the location of waste piles (both processed and unprocessed land clearing debris) violated buffer requirements cited within the Operations Plan (Attachment 2, Document 3 of the approved documents). See Areas of Concerns and Comments #3 below. According to the approved documents: 1. A minimum 100-foot buffer must be maintained between the on site well and all material piles; FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section Page 3 of 4 07/15/10 According to the approved site plan (shown below), there is limited available space on site for the storage of materials. This issue may require further discussion with the Section permitting engineer (Larry Frost, 828-296-4704) to determine if a permit modification could resolve this issue for the facility at a future date. k�l 41 50� tt 50-fool buffer between property line and productfstorage >� / [ j 100-foot buffer between all surface waters ll/ tVf` and productlslorage f(r�_ ; 10 __� Estimated location of potable well. 'Yk' � 100#oot buffer between well and all product/storage. 0 i s� f�TM tco �►ey,dcf f 4. The PTO Operational Condition #8 stated that this facility shall accept only land -clearing wastes, which is generated solely from land -clearing activities such as stumps, trees, brush, grass, and other naturally occurring vegetative material. Similar material generated from landscaping activities (such as grass clippings and leaf collections) are not allowed under this permit. Please note that your facility has received a complaint for product that may have mixes wastes. The complainant stated that he was told that the delivered mulch might have treated wood ground in with land clearing debris (railroad ties). While no mixed materials were