5410_NOV_20201106

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

November 6, 2020

CERTIFIED MAIL 7018 2290 0001 8295 8826
RETURN RECEIPT REQUESTED

Mr. Lynn Everett,
Everett’s Clearing & Grading, Inc.
2402 Fred Everett Road
Kinston, NC 28504

SUBJECT: Notice of Violation
Compliance Inspection Report
Everett’s Clearing & Grading, Inc.
5410-LCID-2016
Lenoir County

Dear Mr. Everett:

On October 21, 2020, Liz Patterson, representing the State of North Carolina, Division of Waste
Management Solid Waste Section (Section), inspected the above referenced facility for
compliance with North Carolina solid waste statutes and rules. The following violation(s) were
noted:

A. 15A NCAC 13B .0566 (2) states that “The facility shall only accept those solid wastes
which it is permitted to receive.”

Unacceptable waste streams were noted during the inspection. Treated lumber,
engineered wood, electrical junction box and any other unacceptable waste need to
be removed and properly disposed of at a facility permitted to accept the waste
type. The waste needs to be disposed of at a permitted facility within 30 days of
receipt of this report.

B. 15A NCAC 13B .0566 (11) States: “Solid waste shall not be disposed of in water.”

Waste was being disposed in standing water at the time of the inspection.
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
Everett’s Clearing & Grading, Inc.
Notice of Violation
Page 2 of 3
November 6, 2020

C. Acttachment 3, Section 11, of the LCID permit No. 5410-LCID-2016 states, “Excavation,
grading and fill material side slopes must not exceed a ratio of three horizontal feet to
one vertical feet (3:1) as shown on the drawings of the approved plan (DIN 27057) and
according to Rule 15A NCAC 13B .0563(3)(j).”

Side slopes on several areas were greater than a 3:1 slope. Unacceptable waste needs
to be removed. These areas need additional cover which should be corrected during
that process.

D. Per Attachment 3, Section 17, of the LCID permit No. 5410-LCID-2016 states, “the
facility must maintain a supply of cover material adequate to cover the working face
in case of an emergency or fire, at all times.

There was not sufficient cover onsite to cover all the active areas/phases of waste
onsite.

.
Based upon the foregoing Everette’s Clearing & Grading, Inc., shall come into compliance by
December 7, 2020 with all requirements of the regulations in 15A NCAC 13B (2), (11) and
Attatchment 3, Sections 11 and 17 of the LCID permit by completing the following:

1) Unacceptable waste needs to be removed and properly disposed of at a facility
permitted by the Section to accept the waste type. Documentation will be
required to indicate that the waste has been disposed of properly. Mail copies
of receipts to Liz Patterson at Division of Waste Management, 127 Cardinal Drive
Ext., Wilmington, NC 28405.
2) Facility needs to maintain sufficient cover onsite to cover all the active areas/phases of
waste onsite.
3) Waste needs to be removed from water and site properly graded to allow
positive drainage.
4) Compact, cover, and grade all side slopes with a minimum of 1 foot compacted
cover at a slope not greater than 3:1.

The violations 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
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
Everett’s Clearing & Grading, Inc.
Notice of Violation
Page 3 of 3
November 6, 2020

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.
Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
a follow-up inspection to verify that the facility has completed the requirements of this Notice of
Violation.

If you have any questions, please contact me at 910-796-7405 or
[e-mail].

Sincerely,

Liz Patterson
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Drew Hammonds, Eastern District Supervisor - Solid Waste Section
Jason Watkins, Field Operations Branch Head - Solid Waste Section
Jessica Montie, Environmental Program Consultant- Solid Waste Section
Amanda Freeman, Compliance Officer – Solid waste Section