4505TP_ROSCANS_2012

North Carolina
Dexter Matthews; Director
RCDENR
Department of Environment and Natural Resources
Division of Waste Management
August 24, 2012
CERTIFIED MAIL: 7006 2150 0005 2458 9372
RETURN RECEIPT REQUESTED
Mr. Leslie Erickson
PO Box 1783
Fairview, NC 28730
SUBJECT: Permit Requirements
Les's Mulch Plus
45-05 T&P
Henderson County
Dear Mr. Erickson
Beverly Eaves Perdue, Govemor
Dee Freeman, Secretary
On March 21, 2012, a Notice of Violation (NOV) was issued to Les's Mulch Plus. The NOV stated that by April
19, 2012, Les's Mulch Plus was required to submit in writing a documentation or full application with which to
start the permit renewal process with the Section. In addition, Les's Mulch Plus was required to immediately
resolve the buffer violations noted at the facility. The NOV was delivered by registered mail on March 26,
2012.
On April 3, 2012, 1 was on site with Mr. Erickson and Mr. Pete Henry (with The Henry Law Firm) to discuss the
requirements of the NOV. At that time the facility appeared to be actively working toward resolving the buffer
violations. It was requested (A. Keller) that you notify the Section when the buffer violation had been resolved
in order to schedule a follow-up site inspection. Additionally, the requirements for resolving the permit
expiration were outlined and it was stated (Mr. Erickson and Mr. Henry) that the facility would submit
documents toward the permit renewal process. On July 11, 2012, 1 contacted (email correspondence) Mr.
Henry and outlined the facility's failure to submit for permit renewal.
No documentation has been received at the Asheville Regional Office related to the permit renewal and/or the
resolution of permit condition violations. In order to comply with 15A NCAC 13B .0201(c) you must
immediately cease accepting waste and within five business days of receipt of this report Les's Mulch Plus
must supply a written response to the Permitting Branch with either a full permit renewal application or a
letter of intent to halt operation. If you choose to not renew, you will have 45 days to remove all waste
from the facility and to take all wastes to a facility properly permitted to receive these wastes types.
Send the written response to:
Page 1 of 2

Larry Frost, Environmental Engineer
NCDENR Solid Waste Section
Asheville Regional Office
2090 US Highway 70
Swannanoa, NC 28778
Or via email: [e-mail]
Failure to meet this compliance schedule will result in the termination of all solid waste management at the
facility and the removal of all solid waste material from the site for proper management and/or disposal. In
addition, no further intake of material is allowed at the facility until further notified and after resolution of
Permitting Branch requirements for the permit renewal process.
In addition, prior to approval of a permit renewal, the Section will inspect the facility to determine whether
the 15A NCAC 13B .0203(d) permit condition violation for buffer requirements has been resolved.
If you have any questions please contact me at [phone] or e-mail andrea.keller@ncdenngov . If you
have questions regarding the permit renewal requirements, please contact Mr. Larry Frost directly at (828)
296-4704 or at [e-mail].
Sincerely,
�
Andrea Keller
Environmental Senior Specialist
Solid Waste Section
ec: Jason Watkins, Western District Supervisor — Solid Waste Section
Mark Poindexter, Field Operations Branch Head — Solid Waste Section
Jessica Montie, Compliance Officer —Solid Waste Section
Larry Frost, Permit Engineer —Solid Waste Section
Steve Wyatt, County Manager — Henderson County
Pete Henry, The Henry Law Firm [e-mail]
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://Portal.ncdenr.org/web/wm/sw
An Equal Opportunity 1 Affirmative Action Employer
One
No thCarolina
Naturally

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NCDENR
North Carolina Department of Environment and Natural Resources
Dexter Matthews, Director Division of Taste Management Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
August 24, 2012
CERTIFIED MAIL: 7006 2150 0005 2458 9372
RETURN RECEIPT REQUESTED
Mr. Leslie Erickson
PO Box 1783
Fairview, NC 28730
SUBJECT: Permit Requirements
Les's Mulch Plus
45-05 T&P
Henderson County
Dear Mr. Erickson
On March 21, 2012, a Notice of Violation (NOV) was issued to Les's Mulch Plus. The NOV stated that by April
19, 2012, Les's Mulch Plus was required to submit in writing a documentation or full application with which to
start the permit renewal process with the Section. In addition, Les's Mulch Plus was required to immediately
resolve the buffer violations noted at the facility. The NOV was delivered by registered mail on March 26,
2012.
On April 3, 2012, 1 was on site with Mr. Erickson and Mr. Pete Henry (with The Henry Law Firm) to discuss the
requirements of the NOV. At that time the facility appeared to be actively working toward resolving the buffer
violations. It was requested (A. Keller) that you notify the Section when the buffer violation had been resolved
in order to schedule a follow-up site inspection. Additionally, the requirements for resolving the permit
expiration were outlined and it was stated (Mr. Erickson and Mr. Henry) that the facility would submit
documents toward the permit renewal process. On July 11, 2012, 1 contacted (email correspondence) Mr.
Henry and outlined the facility's failure to submit for permit renewal.
No documentation has been received at the Asheville Regional Office related to the permit renewal and/or the
resolution of permit condition violations. In order to comply with 15A NCAC 13B .0201(c) you must
immediately cease accepting waste and within five business days of receipt of this report Les's Mulch Plus
must supply a written response to the Permitting Branch with either a full permit renewal application or a
letter of intent to halt operation. If you choose to not renew, you will have 45 days to remove all waste
from the facility and to take all wastes to a facility properly permitted to receive these wastes types.
Send the written response to:
Page 1 of 2

Larry Frost, Environmental Engineer
NCDENR Solid Waste Section
Asheville Regional Office
2090 US Highway 70
Swannanoa, NC 28778
Or via email: [e-mail]
Failure to meet this compliance schedule will result in the termination of all solid waste management at the
facility and the removal of all solid waste material from the site for proper management and/or disposal. In
addition, no further intake of material is allowed at the facility until further notified and after resolution of
Permitting Branch requirements for the permit renewal process.
In addition, prior to approval of a permit renewal, the Section will inspect the facility to determine whether
the 15A NCAC 13B .0203(d) permit condition violation for buffer requirements has been resolved.
If you have any questions please contact me at [phone] or e-mail [e-mail]. If you
have questions regarding the permit renewal requirements, please contact Mr. Larry Frost directly at (828)
296-4704 or at [e-mail].
Sincerely,
�'Z�
Andrea Keller
Environmental Senior Specialist
Solid Waste Section
ec: Jason Watkins, Western District Supervisor — Solid Waste Section
Mark Poindexter, Field Operations Branch Head —Solid Waste Section
Jessica Montie, Compliance Officer —Solid Waste Section
Larry Frost, Permit Engineer — Solid Waste Section
Steve Wyatt, County Manager — Henderson County
Pete Henry, The Henry Law Firm [e-mail]
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://poaal,ncdenr.or.q/web/wm/sw
An Equal Opportunity 1 Affirmative Action Employer
Nne
orthCarolina
Naturally,

NCDENR
Attn: Andrea Keller
2090 US Highway 70
Swannanoa, N.C. 28778
Re:
Dear Ms. Keller:
HENRY LAW FIRM
31 College Place, Suite D-304
Asheville, N.C. 28801
[phone]
[phone] fax
[e-mail]
October 2, 2012
Les's Mulch Plus
Henderson County
EE't V E,
OCT -42012
SOLID WASTE SECTION
ASHEVILLE REGIO AL OFFICE
Enclosed herewith, please find an updated Facility Annual Report for Les's
Mulch Plus. Per our conversations, my client is aware that this information is delinquent,
but is very anxious to resolve all of the issues.
I will contact you to meet concerning the buffer issue as well. It is my belief that
the buffers have been restored per your prior request.
Very truly s,
Peter R. Henry

According to (G.S. 130A-309.09D(b)) completed forms must be n
County Manager of each county from which waste was received. If
your Regional Environmental Senior Specialist.
Facility Name: Les's mulch plus
Facility Website (URL): [e-mail]
-�hS tt ! y � ��71•.1a � rm,-�jr "r'. �"Styrt 'I`�'�tr� tn4�t'�;� w�� �{.
d e `�l �k �,: '�,'r<r .. {,il�ic �"i . ,f,'M ? rrl�.,,:� �„>sif'±?•�id rt.fi.:
Street 1: 2630 Asheville hwy
Street 2:
City: hendersonvillc Couinty' Henderson
State: North Carolina Zip: 28792
Name: Linda Erickson
Phone: [phone] Fax: [phone]
Email: [e-mail]
TREATMENT & PROCESSING FACILITY
"'' Facility Annual Report
�` } ` "" For the period of July a,, .tune 30,��"
i." ,
ed by August 1„ W and a copy of this report must be sent to the
have questions or require assistance in completing this n.3)ort, contact
Permit:
Street 1: P.O box 1783
Street 2:
City: Fairview
State: North Carolina
Bam
Name: Linda Erickson
450STP-TP-2006
Zip: 28730
ID: P1223
Phone: [phone] Fax: [phone]
Email: [e-mail]
1. Tipping Fee: $ per Ton (Attach a sched ile of tipping fees if appropriate.)
2. Did your facility stop receiving waste during this past Fiscal Year' Yes No
If so, please report the date this occur ed:
3. indicate types of waste processed at this facility. (Chcck all that apply)
❑ Medical Waste ® Landel ar►ng and inert debris (LCLD)
❑ industrial Waste ❑ Yard Waste
❑ Construction and Demolition Waste ❑ Concrete/rubble
❑ Asphalt/Shingles ❑ Gyps drywall
❑ Household Hazardous Waste ❑ Other (describe)
4. Indicate tykes of processes occurring at this facility. (Check all th
0 Grinding, composting or mulching
[] Medical Waste treatment
[] incineration
[] Collection (indicate materials collt!cted, check all that apply;
❑ Paper ® Wood
0 Cardboard ❑ Glass
[] PETE 00 Plastic ❑ HDPE (#2) Plastic
❑ Fluorescent lightbulbs ❑ Used oil/oil filters
�j Other activities (specify) Brush ,logs woodchips Tree clip
5. Indicate the typo and quantity of niatcrial froth recycling or recovery op
Cardboard-2 tons. etc).
12 tons logs,4. tons stump's 5 tons � �Gtu
t apply)
OCT -42012
SOLID WASTE SrCTION
ASHEVILLE REGIONAL OFFICE
❑ White Goods
❑ Scrap Tires
[) Aluminum Cans
[] Steel Cans
❑ Computer Equipment
❑ Televisions
❑ Other Metal
❑ Other Plastic
stockpiled on-sitc as of June 30, 2011 (c.g. Wood-3 tons, Metal-5 tons,
COO/ZOO'd 509C44 08969698Z8 ?O:bL ZLOZ/6l/60

6_ Total waste received at this facility ARnLnj,.tbazokd oj239, 201 J. Indicate tonnage received by COUNTY of
waste origin. If waste was received from a transfer station,trcatment d processing, or mixed waste processing facility indicate the COUNTY
LOCATION OF THE FACILITY. AO NOT include waste diverted or recycling, reuse, mulching, or composting. Please list ALL counties
from which you received waste. Please indicate COUNTY and STA , if received from another state. _ -
Jei Aug Sept tDet Nov U Jew Feb Mar Apr mmy Juae [crtnl
Received kom-
1 1.5 t t 1.5 1 9
Grand Total 1 9
7. Indicate the facility(s) that received your facility's non -re_ rl� ed ante material:
';rr
h. i`{.r� '1��R�I�'...A�•i��/. _,�. .�! _�. � '��'L `�'l)af� 'N �•' L�l"� �,f�'�Fi%r� � �+�i�i �•i w.��Y �l�ir�.
painted wood , RR tics ,Plastic trash , tran.9fer station at the hendasonvillc city dum 2 Other
metal, biltmore iron metal recycling alter I _
TOTAL 3 a0
--
Please return your completed report to:
0. Ali
L21-M���}�4y ',�; � At drea Keller
70
0 o US Highway
5 r - .. ,�w ,"'rn� S annanoaNC 28778
1j L.
•" �. ,� r rr,• `r -.n: k ;Arri TCi .F. ;M" .;try ^'r..i rlm. r ? cdetu. ov
r�' jet,,. ne:828.2%.4700 email: Andrea.Keller@n B ,.I'.._ '4kl tlr�..,,L •/^ ?'�'�!'',Cf7p.1`ti ^Ll.11 ;tr`3t'f' �.' p •...
CERTIFICATION: ify that the information provided is an ac ate representation of the activity at this facility.
C \
Signature, t r Aatc: 9-1912 -
Name: Linda 'ckson Title: co owner
Phone Number: [phone] Email: brushrat20 [e-mail]
_----r..nrc-T-�--wrrT:�'.w.. ; `L'!7"^' ••"i'L'rT"".""'"' r'""'� ± �':� :x`C�; ^Sj . � t � ._ x i�
E00/E00•d 509E: 089£9698Z8 LO,.bL ZLOZ/6L/60

AGI�11
0�
NCDENR
North Carolina Department of Environment and Natural Resources
Dexter Matthews; Director Division of Waste Management Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
August 20, 2012
CERTIFIED MAIL: 7006 2150 0005 2458 9365 SECOND MAILING 9/21/2012
RETURN RECEIPT REQUESTED CERTIFIED MAIL # 70091680 0000 7515 3240
Mr. Leslie Erickson
PO Box 1783
Fairview, NC 28730
Peter R. Henry, Attorney At Law
31 College Place
Asheville, NC 28801
SUBJECT: Notice of Deficiency
Annual Facility Report: Les's Mulch Plus (45-05 T&P)
Fiscal Year 2011-2012
Henderson County
Dear Mr. Erickson
North Carolina General Statute 130A-309.09D (b) requires that, on or before 1 August, each solid waste
management facility shall report to the Department, for the previous year beginning 1 July and ending 30
June, the amount by weight of the solid waste that was received at the facility and disposed of in a landfill, or
recovered for recycling. As of this date, we have not received your Treatment and Processing Facility report.
Based upon the foregoing, Mr. Leslie Erickson of Les's Mulch Plus is deficient in meeting North Carolina
General Statute 130A-309.09D (b). Please comply by submitting the completed Facility Annual report within
5 days of receipt of this Notice.
Failure to comply with this schedule may subject the facility and/or all responsible parties 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. Pursuant to N.C.G.S. 130A-22(a) and 15A NCAC 13B .0701-
.0707, an administrative penalty of up to $15,000.00 per day may be assessed for each violation of the Solid
Waste Laws, Regulations, Conditions of a Permit, or an Order issued under Article 9 of Chapter 130A of the
N.C. General Statutes.
You can access an electronic version of the Treatment and Processing Facility report at this web site:
http://Portal.ncdenr.org/web/wm/sw/annualreports
Page 1 of 2

If you have any questions regarding this matter you can reach me by phone at (828-296-4700) or through e-
mail ([e-mail]).
If you have any questions please contact me at [phone] or e-mail [e-mail].
Sincerely,
iZ
Andrea Keller
Environmental Senior Specialist
Solid Waste Section
ec: Ellen Lorscheider, Planning & Programs Branch Head
Mark Poindexter, Field Operations Branch Supervisor
Jason Watkins, Western District Supervisor
Jessica Montie, Compliance Officer
Ethan Brown, Environmental Senior Specialist
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://Portal.ncdenr.or.q/web/wm/sw
An Equal Opportunity 1 Affirmative Action Employer
Nne
orthCarohna
Naturally

A1mT4;1WA.
NCDENR
North Carolina Department of Environment and Natural Resources
Dexter Matthews, Director Division of Waste Management Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
August 24, 2012
CERTIFIED MAIL: 7006 2150 0005 2458 9372
RETURN RECEIPT REQUESTED SECOND MAILING 9/21/2012
CERTIFIED MAIL # 70091680 0000 7515 3240
Mr. Leslie Erickson
PO Box 1783
Fairview, NC 28730
SUBJECT: Permit Requirements
Les's Mulch Plus
45-05 T&P
Henderson County
Dear Mr. Erickson
Peter R. Henry, Attorney At Law
31 College Place
Asheville, NC 28801
On March 21, 2012, a Notice of Violation (NOV) was issued to Les's Mulch Plus. The NOV stated that by April
19, 2012, Les's Mulch Plus was required to submit in writing a documentation or full application with which to
start the permit renewal process with the Section. In addition, Les's Mulch Plus was required to immediately
resolve the buffer violations noted at the facility. The NOV was delivered by registered mail on March 26,
2012.
On April 3, 2012, 1 was on site with Mr. Erickson and Mr. Pete Henry (with The Henry Law Firm) to discuss the
requirements of the NOV. At that time the facility appeared to be actively working toward resolving the buffer
violations. It was requested (A. Keller) that you notify the Section when the buffer violation had been resolved
in order to schedule a follow-up site inspection. Additionally, the requirements for resolving the permit
expiration were outlined and it was stated (Mr. Erickson and Mr. Henry) that the facility would submit
documents toward the permit renewal process. On July 11, 2012, 1 contacted (email correspondence) Mr.
Henry and outlined the facility's failure to submit for permit renewal.
No documentation has been received at the Asheville Regional Office related to the permit renewal and/or the
resolution of permit condition violations. In order to comply with 15A NCAC 13B .0201(c) you must
immediately cease accepting waste and within five business days of receipt of this report Les's Mulch Plus
must supply a written response to the Permitting Branch with either a full permit renewal application or a
letter of intent to halt operation. If you choose to not renew, you will have 45 days to remove all waste
from the facility and to take all wastes to a facility properly permitted to receive these wastes types.
Send the written response to:
Page 1 of 2

Larry Frost, Environmental Engineer
NCDENR Solid Waste Section
Asheville Regional Office
2090 US Highway 70
Swannanoa, NC 28778
Or via email: [e-mail]
Failure to meet this compliance schedule will result in the termination of all solid waste management at the
facility and the removal of all solid waste material from the site for proper management and/or disposal In
addition, no further intake of material is allowed at the facility until further notified and after resolution of
Permitting Branch requirements for the permit renewal process.
In addition, prior to approval of a permit renewal, the Section will inspect the facility to determine whether
the 15A NCAC 13B .0203(d) permit condition violation for buffer requirements has been resolved.
If you have any questions please contact me at [phone] or e-mail [e-mail]. If you
have questions regarding the permit renewal requirements, please contact Mr. Larry Frost directly at (828)
296-4704 or at [e-mail].
Sincerely,
r—.
Andrea Keller
Environmental Senior Specialist
Solid Waste Section
ec: Jason Watkins, Western District Supervisor — Solid Waste Section
Mark Poindexter, Field Operations Branch Head — Solid Waste Section
Jessica Montie, Compliance Officer —Solid Waste Section
Larry Frost, Permit Engineer — Solid Waste Section
Steve Wyatt, County Manager — Henderson County
Pete Henry, The Henry Law Firm peteC«@thehenrylawfirm.net
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: hftp://portal.ncdenr.org/web/wm/sw One
NofthCarolina
An Equal Opportunity 1 Affirmative Action Employer Adurally

ALT4:
NCDENR
North Carolina Department of Environment and Natural Resources
Dexter Matthews, Director Division of Waste Management Beverly Eaves Perdue. Governor
Dee Freeman, Secretary
August 24, 2012
CERTIFIED MAIL: 7006 2150 0005 2458 9372
RETURN RECEIPT REQUESTED
Mr. Leslie Erickson
PO Box 1783
Fairview, NC 28730
SUBJECT: Permit Requirements
Les's Mulch Plus
45-05 T&P
Henderson County
Dear Mr. Erickson
On March 21, 2012, a Notice of Violation (NOV) was issued to Les's Mulch Plus. The NOV stated that by April
19, 2012, Les's Mulch Plus was required to submit in writing a documentation or full application with which to
start the permit renewal process with the Section. In addition, Les's Mulch Plus was required to immediately
resolve the buffer violations noted at the facility. The NOV was delivered by registered mail on March 26,
2012.
On April 3, 2012, 1 was on site with Mr. Erickson and Mr. Pete Henry (with The Henry Law Firm) to discuss the
requirements of the NOV. At that time the facility appeared to be actively working toward resolving the buffer
violations. It was requested (A. Keller) that you notify the Section when the buffer violation had been resolved
in order to schedule a follow-up site inspection. Additionally, the requirements for resolving the permit
expiration were outlined and it was stated (Mr. Erickson and Mr. Henry) that the facility would submit
documents toward the permit renewal process. On July 11, 2012, 1 contacted (email correspondence) Mr.
Henry and outlined the facility's failure to submit for permit renewal.
No documentation has been received at the Asheville Regional Office related to the permit renewal and/or the
resolution of permit condition violations. In order to comply with 15A NCAC 13B .0201(c) you must
immediately cease accepting waste and within five business days of receipt of this report Les's Mulch Plus
must supply a written response to the Permitting Branch with either a full permit renewal application or a
letter of intent to halt operation. If you choose to not renew, you will have 45 days to remove all waste
from the facility and to take all wastes to a facility properly permitted to receive these wastes types.
Send the written response to:
Page 1 of 2

Larry Frost, Environmental Engineer
NCDENR Solid Waste Section
Asheville Regional Office
2090 US Highway 70
Swannanoa, NC 28778
Or via email: [e-mail]
Failure to meet this compliance schedule will result in the termination of all solid waste management at the
facility and the removal of all solid waste material from the site for proper management and/or disposal. In
addition, no further intake of material is allowed at the facility until further notified and after resolution of
Permitting Branch requirements for the permit renewal process.
In addition, prior to approval of a permit renewal, the Section will inspect the facility to determine whether
the 15A NCAC 13B .0203(d) permit condition violation for buffer requirements has been resolved.
If you have any questions please contact me at [phone] or e-mail [e-mail]. If you
have questions regarding the permit renewal requirements, please contact Mr. Larry Frost directly at (828)
296-4704 or at [e-mail].
Sincerely,
Andrea Keller
Environmental Senior Specialist
Solid Waste Section
ec: Jason Watkins, Western District Supervisor — Solid Waste Section
Mark Poindexter, Field Operations Branch Head —Solid Waste Section
Jessica Montie, Compliance Officer —Solid Waste Section
Larry Frost, Permit Engineer —Solid Waste Section
Steve Wyatt, County Manager — Henderson County
Pete Henry, The Henry Law Firm [e-mail]
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://Portal.ncdenr.org/web/wm/sw One
NorthCarofina
An Equal Opportunity 1 Affirmative Action Employer AdAM1911Y

AGI�A�Ilr
NCDENR
North Carolina Department of Environment and Natural Resources
Dexter Matthews: Director Division of Waste Management Beverly Eaves Perdue, Governor
Dee Freeman; Secretary
August 20, 2012
CERTIFIED MAIL: 7006 2150 0005 2458 9365
RETURN RECEIPT REQUESTED
Mr. Leslie Erickson
PO Box 1783
Fairview, NC 28730
SUBJECT: Notice of Deficiency
Annual Facility Report: Les's Mulch Plus (45-05 T&P)
Fiscal Year 2011-2012
Henderson County
Dear Mr. Erickson
North Carolina General Statute 130A-309.09D (b) requires that, on or before 1 August, each solid waste
management facility shall report to the Department, for the previous year beginning 1 July and ending 30
June, the amount by weight of the solid waste that was received at the facility and disposed of in a landfill, or
recovered for recycling. As of this date, we have not received your Treatment and Processing Facility report.
Based upon the foregoing, Mr. Leslie Erickson of Les's Mulch Plus is deficient in meeting North Carolina
General Statute 130A-309.09D (b). Please comply by submitting the completed Facility Annual report within
5 days of receipt of this Notice.
Failure to comply with this schedule may subject the facility and/or all responsible parties 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. Pursuant to N.C.G.S. 130A-22(a) and 15A NCAC 13B .0701-
.0707, an administrative penalty of up to $15,000.00 per day may be assessed for each violation of the Solid
Waste Laws, Regulations, Conditions of a Permit, or an Order issued under Article 9 of Chapter 130A of the
N.C. General Statutes.
You can access an electronic version of the Treatment and Processing Facility report at this web site:
http://Portal.ncdenr.org/web/wm/sw/`annualreports
Page 1 of 2

If you have any questions regarding this matter you can reach me by phone at (828-296-4700) or through e-
mail ([e-mail]).
If you have any questions please contact me at [phone] or e-mail [e-mail].
Sincerely,
Andrea Keller
Environmental Senior Specialist
Solid Waste Section
ec: Ellen Lorscheider, Planning & Programs Branch Head
Mark Poindexter, Field Operations Branch Supervisor
Jason Watkins, Western District Supervisor
Jessica Montie, Compliance Officer
Ethan Brown, Environmental Senior Specialist
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://poaal.ncdenr.org/web/wm/sw One
No thL�cCarofin�a
An Equal Opportunity1AffirmativeAction Employer )Va urvilfy

I, Andrea Keller, hereby certify that on the 61h day of September, 2012, I personally delivered a
copy of the NOTICE OF DEFICIENCY, dated August 20`h, 2012, issued to Les's Mulch Plus,
care of Mr. Leslie Erickson, owner and operator, for failure to submit a Facility Annual Report
for FY 2011-2012 and a copy of the August 24`h, 2012 letter regarding the NOTICE OF
VIOLATION issued April 191h, 2012, for (in -part) failure to renew the facility permit (#45-05TP).
Both documents were issued and signed by Andrea Keller, Environmental Sr. Specialist, Solid
Waste Section, N.C. Department of Environment and Natural Resources, and addressed to:
Mr. Leslie Erickson at, P.O. Box 1783, Fairview, NC 28730 `
Date:
ll
e er
Environmental Sr. Specialist k+1 A),
NCDENR S`NS
Date:
Les's Mulch Plus
S/zz

NCDENR
North Carolina Department of Environment and
Dexter Matthews, Director Division of Waste Management
August 20, 2012
CERTIFIED MAIL: 7006 2150 0005 2458 9365
RETURN RECEIPT REQUESTED
Mr. Leslie Erickson
PO Box 1783
Fairview, NC 28730
SUBJECT: Notice of Deficiency
Annual Facility Report: Les's Mulch Plus (45-05 T&P)
Fiscal Year 2011-2012
Henderson County
Dear Mr. Erickson
Natural Resources
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina General Statute 130A-309.09D (b) requires that, on or before 1 August, each solid waste
management facility shall report to the Department, for the previous year beginning 1 July and ending 30
June, the amount by weight of the solid waste that was received at the facility and disposed of in a landfill, or
recovered for recycling. As of this date, we have not received your Treatment and Processing Facility report.
Based upon the foregoing, Mr. Leslie Erickson of Les's Mulch Plus is deficient in meeting North Carolina
General Statute 130A-309.09D (b). Please comply by submitting the completed Facility Annual report within
5 days of receipt of this Notice.
Failure to comply with this schedule may subject the facility and/or all responsible parties 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. Pursuant to N.C.G.S. 130A-22(a) and 15A NCAC 13B .0701-
.0707, an administrative penalty of up to $15,000.00 per day may be assessed for each violation of the Solid
Waste Laws, Regulations, Conditions of a Permit, or an Order issued under Article 9 of Chapter 130A of the
N.C. General Statutes.
You can access an electronic version of the Treatment and Processing Facility report at this web site:
http://Portal.ncdenr.org/web/wm/sw/annualreports
Page 1 of 2

If you have any questions regarding this matter you can reach me by phone at (828-296-4700) or through e-
mail ([e-mail]).
If you have any questions please contact me at [phone] or e-mail [e-mail] .
Sincerely,
Andrea Keller
Environmental Senior Specialist
Solid Waste Section
ec: Ellen Lorscheider, Planning & Programs Branch Head
Mark Poindexter, Field Operations Branch Supervisor
Jason Watkins, Western District Supervisor
Jessica Montie, Compliance Officer
Ethan Brown, Environmental Senior Specialist
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://poQai.ncdenr.org/web/wm/sw
An Equal Opportunity 1 Affirmative Action Employer
Nne
orthCarolina
Naturallff

NCDENR
North Carolina Department of Environment and
Dexter Matthews, Director Division of Waste Management
March 21, 2012
CERTIFIED MAIL: 7006 2150 0005 2458 9334
RETURN RECEIPT REQUESTED
Mr. Leslie Erickson
PO Box 1783
Fairview, NC 28730
SUBJECT: Notice of Violation
Compliance Inspection Report
Les's Mulch Plus
45-05 TP
Henderson County
Dear Mr. Erickson
Natural Resources
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
On March 16, 2012, Andrea Keller and Larry Frost, representing the State of North Carolina, Division of Waste
Management Solid Waste Section, inspected the above referenced facility for compliance with North Carolina
solid waste statues and rules. Ms. Linda Erickson was present and represented Les's Mulch Plus during this
inspection. The following violations were noted:
A. 15A NCAC 13B .0201 (c): No solid waste management facility shall be established, operated,
maintained, constructed, expanded or modified without an appropriate and currently valid permit
issued by the Division. It is the responsibility of every owner and operator of a proposed solid waste
management facility to apply for a permit for the facility. The term "owner" shall include record
owners of the land where the facility is located or proposed to be located and holders of any leasehold
interest, however denominated, in any part of the land or structures where the facility is located or
proposed to be located.
On November 2, 2011 the permit for facility 45-05 TP Les's Mulch Plus was allowed to expire. No
renewal request is on file with the Section. The facility was notified in writing on May 31, 2011 of the
permit renewal date and of who to contact with the Section (Mr. Larry Frost). Ms. Erickson noted,
during the site inspection, that the facility was unaware of the expiration.
Additionally, Les's Mulch Plus remains in violation of 15A NCAC 13B .0203 (d) for failure to comply with the
conditions of the permit as stated in the July 15, 2010 inspection report. The Rule states that by receiving solid
Page 1 of 3

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). According to the approved documents:
1. A minimum 100-foot buffer must be maintained between the on site well and all material piles;
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.
COMPLIANCE SCHEDULE
Based upon the foregoing, Les's Mulch Plus shall come into compliance with all dates noted below and with
requirements of the application regulations in 15A NCAC 13B .0201 (c) and .0203 (d) by completing the
following:
1. Within 15 days of issuance of this report (April 4, 2012), Les's Mulch Plus must contact the Permitting
Branch to discuss permit renewal. [Larry Frost, 828-296-4704; [e-mail] ]
2. Within 30 days of issuance of this report (April 19, 2012), Les's Mulch Plus must submit, in writing, a
documentation or full application which will start the permit renewal process with the Section.
3. The facility must immediately work to resolve the buffer violation requirements. Failure to do so could
result in denial of the permit renewal.
4. No further intake of material is allowed at the facility until further notified and after resolution of
Permitting Branch requirements for the permit renewal process.
Failure to meet compliance requirements will result in the termination of all solid waste management at the
facility and the removal of all solid waste material from the site for proper management and/or disposal.
Les's Mulch Plus shall provide written documentation on company letterhead confirming when the noted
compliance schedule has been completed. Include in this certification any actions taken to prevent these
violations from occurring in the future. Mail this certification to Andrea Keller, Asheville Regional Office, 2090
US Hwy 70, Swannanoa, NC 28778 by the noted compliance dates.
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://Portal.ncdenr.org/web/wm/sw
An Equal Opportunity 1 Affirmative Action Employer
NorthCarofina
Adur"Iff

Failure to comply with this schedule may subject the facility and/or all responsible parties 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. Pursuant to N.C.G.S. 130A-22(a) and 15A NCAC 13B .0701-
.0707, an administrative penalty of up to $15,000.00 per day may be assessed for each violation of the Solid
Waste Laws, Regulations, Conditions of a Permit, or an Order issued under Article 9 of Chapter 130A of the
N.C. General Statutes.
If you have any questions please contact me at [phone] or e-mail andrea.keller(@ncdenr.gov.
Sincerely,
Andrea Keller
Environmental Senior Specialist
Solid Waste Section
ec: Jason Watkins, Western District Supervisor — Solid Waste Section
Mark Poindexter, Field Operations Branch Head —Solid Waste Section
Shawn McKee, Compliance Officer — Solid Waste Section
Larry Frost, Permit Engineer — Solid Waste Section
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://pooal.ncdenr,org/web/wm/sw
An Equal Opportunity 1 Affirmative Action Employer
Nne
orthCarofina
Naturally

A74LA..
FACILITY COMPLIANCE INSPECTION REPORT
NCDENR
Division of Waste Management
Solid Waste Section
NORTH CAROLINA DEPARTMENT OF
- - --- - - - - - - -
ENVIRONMENT AND NATURAL RESOURCES
UNIT TXPE:
Lined
LCID
YW
Transfer
Compost
SLAS
COUNTY: HENDERSON
MSWLF
LG III
Closed
HHW
Wbite
mein
T&P
FIRM
PERMIT NO: 45-05 T&P
MSWLF
goods
-
CDLF
TireT&P/
Tire
Industrial
DEMO
SDTF
FILE TYPE: COMPLIANCE
Collection
Monofill
Landfill
Date of Site Inspections: 3/16/2012
FACILITY NAME AND ADDRESS:
Les's Mulch Plus
2630 Asheville Highway
Hendersonville, NC 28792
Date of Last Inspection Report: 05/13/2011
GPS COORDINATES: N: 35.353059 E:-82.470845
FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Leslie and Linda Erickson, owner/operators
Phone: [phone]
Les Erickson cell: [phone]
Linda Erickson cell: [phone]
Email: brushrat2003ayahoo.com
FACILITY CONTACT ADDRESS:
PO Box 1783
Fairview, NC 28730
PARTICIPANTS:
Andrea Keller, NCDENR Solid Waste Section (DWM)
Larry Frost, NCDENR Solid Waste Section
Linda Erickson, owner/operator
STATUS OF PERMIT:
Permit start date: November 2, 2006
Permit Expired: November 2, 2011
PURPOSE OF SITE VISIT:
Comprehensive site inspection — permit expiration and ongoing buffer violation.
STATUS OF PAST NOTED VIOLATIONS:
15A NCAC 13B .0203 (d): ONGOING
The facility received a Notice of Violation (NOV) on July 15, 2010, for failure to maintain the 100-foot buffer
requirements between stored material/mulch from all surface waters and the on -site well. Follow-up inspections
verified progress, but not final satisfaction of the NOV. See map below for buffer requirements:
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://portal.ncdenr.org/web/wm/sw One
NorthCarofina
An Equal Opportunity 1 Affirmative Action Employer Adurallff

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 4
50-foot buffer between property line and
product/storage
100-foot buffer between all surface waters
and product/storage
Estimated location of potable well.
100-foot buffer between well and all
product/storage.
6
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FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 4
During the 03/16/2012 site inspection, material was located both near the approximate location of the potable well (see
-ss road).
03/16/12
In order to achieve compliance, Les's Mulch Plus must 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.
OBSERVED VIOLATIONS:
15A NCAC 13B .0201(c): No solid waste management facility shall be established, operated, maintained,
constructed, expanded or modified without an appropriate and currently valid permit issued by the Division. It is
the responsibility of every owner and operator of a proposed solid waste management facility to apply for a permit for
the facility. The term "owner" shall include record owners of the land where the facility is located or proposed to be
located and holders of any leasehold interest, however denominated, in any part of the land or structures where the
facility is located or proposed to be located.
On November 2, 2011 the permit for facility 45-05 TP Les's Mulch Plus was allowed to expire. No renewal request is
on file with the Section. In order to achieve compliance, Les's Mulch Plus must contact the Permitting Branch
within 15 days of issuance of this report, and begin, in writing, the permit renewal process with the Section
within 30 days. Failure to do so will require that all solid waste management at the facility must cease and all materials
must be removed from the site for proper management and/or disposal. Additionally, no further intake of material is
allowed at the facility until further notified and after resolution of Permitting Branch requirements for the permit
renewal process. Permitting Branch: Larry Frost (larry.frost(aancdenr.gov ; 828-296-4704).
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 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
Page 4 of 4
ADDITONAL COMMENTS
1. Site visit conducted with Larry Frost, Permitting Branch Engineer. Ms. Erickson was briefly present and was
told that the permit had expired in November. She stated that they were unaware of this and that she had to
leave the site promptly, but that Mr. Erickson would contact Mr. Frost (828-296-4704). It was stated
(AKeller) that the facility would be facing a Notice of Violation regarding the expiration.
2. During the 5/31/11 inspection it had appeared as though some progress had been made to restore and
maintain buffer requirements at the facility. As noted above, the facility appears to have reverted back to
original site practices and was again storing materials within the 50-foot property boundary buffer and the
100-foot to surface water and potable well buffer.
It was stated in the 5/31/11 inspection report that the facility was nearing the 12-month mark of having no
operational grinder available, and that material was stockpiling past the PTO Operational Condition (#12)
which requires a minimum of 75% of acceptable materials received shall be treated or processed and
distributed within 12 months of receipt. Please note that the material on the back portion of the site (near
where the fire occurred in the fall of 2010) does not meet this requirement and has been staged for longer
than 12 months.
As noted under the Observed Violations section above, and as warned in item #4 in the 5/31/11 site inspection report,
the facility permit lapsed on November 2, 2011. The facility will be receiving additional information from the
Permitting Branch but at this time, no further intake of material is allowed at the facility until further notified and
after resolution of Permitting Branch requirements for the permit renewal process.
Please contact me if you have any questions or concerns regarding this inspection report.
Phone: [phone]
Andrea Keller
Environmental Senior Specialist
Regional Representative
Sent on: March 21,
Email: brush rat2003Cyahoo.com
US Mail:
Certified No. 7006 2150
2012
PO Box 1783
0005 2458 9334
Fairview, NC 28730
ec: Mark Poindexter, Field Operations Branch Head — Solid Waste Section
Jason Watkins, Western District Supervisor — SWS
Larry Frost, Permit Engineer — SWS
Shawn McKee, Compliance Officer — SWS

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