YWN-35-004_NOV_20210201

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
NORTH CAROLINA
Environmental Quality
February 2, 2021
CERTIFIED MAIL 7019 0700 0000 3643 1779
RETURN RECEIPT REQUESTED
Professional Stone and Masonry
Mr. Duane Harper
2065 NC 98 Hwy W
Louisburg, NC 27549
RE: Notice of Violation
Professional Stone and Masonry
Permit #YWN-35-004
2065 NC 98 Hwy W
Louisburg, NC 27549
Dear Mr. Harper,
On January 19, 2021, Amanda Thompson, Davy Conners and Drew Hammonds, representing the
State of North Carolina, Division of Waste Management Solid Waste Section (Section), inspected
your facility for compliance with North Carolina solid waste statutes and rules. During the
compliance inspection, an open dumping area was found to the east of the pond located in the
southeastern portion of the facility. The comingled waste was identified to contain broken
concrete, plastic drains and buckets, rebar, metal wire, treated wood and a tire. The waste was
pushed into the adjacent tree line and into a natural drainage feature or stream. You, Mr. Harper,
stated that you had placed the concrete there to reinforce the dam of the pond. The waste that
was identified during the inspection does not meet the classification for inert debris waste and
cannot be utilized a beneficial fill. The following violation(s) were noted:
A. 15A NCAC 13B .1402 (e)(6)(A), "Small Type 1 Facilities shall have an operations area less
than two acres in size and shall be limited to no more than 6,000 cubic yards material
onsite at any given time, including finished product."
Mr. Duane Harper and Professional Stone and Masonry are in violation of 15A NCAC 13B
(e)(6)(A) in that the size of the operating area is estimated to be between 5 and 6 acres.
D_E%UNORTH CAROLINA
ileparlment o� EnviranmanGl puaiity
North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5095
910.433.3300

Harper
Notice of Violation
Page 2of4
February 2, 2021
This 5 to 6 acre operating area is larger than the less than two -acre limit and greater that
6,000 cubic yards of material as required by the yard waste notification.
B. 15A NCAC 13B .1406 (7)(a), "Open burning of solid waste shall be prohibited."
Mr. Duane Harper and Professional Stone and Masonry are in violation of 15A NCAC
13B .1406 (7)(a) in that smoke was observed to be coming from a pile of burned land
clearing debris at the time of the inspection.
C. 15A NCAC 13B .0201 PERMIT REQUIRED
(a) No person shall treat, process, store, or dispose of solid waste or arrange for the
treatment, processing, storage, or disposal of solid waste except at a solid waste
management facility permitted by the Division for such activity, except as provided in
G.S. 130A-294(b).
(b) No person shall cause, suffer, allow, or permit the treatment, storage, or processing
of solid waste upon any real or personal property owned, operated, leased, or in any
way controlled by that person without obtaining a permit for a solid waste management
facility from the Division authorizing such activity, except as provided in G.S. 130A-
294(b).
(c) No solid waste management facility shall be established, operated, maintained,
constructed, expanded, or modified without a valid permit issued by the Division for
the specified type of activity. 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.
Mr. Duane Harper and Professional Stone and Masonry are in violation of 15A NCAC
138 .0201 (a, b, and c) in that you established a solid waste management facility on your
property located at 2065 NC 98 Hwy W in Louisburg, NC and allowed the disposal of
concrete, plastic, metal, and treated wood waste on said property without first obtaining
the appropriate permit from the Division of Waste Management for the disposal of solid
waste.
Based upon the foregoing, upon receipt of this Notice of Violations, Mr. Duane Harper and
Professional Stone and Masonry shall come into compliance with all applicable requirements of
the regulations in 15A NCAC 13B .1402 (e)(6)(A), .1406 (7)(a), and .0201 (a, b, and c) by
completing the following:
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NORTH GAROIINAD_E Q�Aj
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North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5095
910.433.3300

Harper
Notice of Violation
Page 3 of 4
February 2, 2021
1. Within 30 days of receipt of this report, the entire yard waste operations area will need
to be less than 2 acres with no more than 6,000 cubic yards of material or you will need
to apply for a Large Type 1 permit. The site owner/operator should contact Sherri
Stanley, Permitting Branch Supervisor at [phone] or [e-mail] to
discuss the permitting approval for the current operating area.
2. Immediately cease the burning of waste at the facility. (Please note that burning of the
waste is prohibited and would be a violation of the North Carolina Air Quality Rules).
3. Immediately cease accepting comingled concrete waste at this nonconforming solid
waste site and transport waste generated to a facility permitted to receive the waste.
4. Contact Amanda Thompson at [phone] or [e-mail] prior
to beginning any cleanup operation to discuss proper documentation and procedures.
5. Remove all comingled waste from the site including waste that may be buried and
properly dispose of it in a facility permitted by the Division of Waste Management.
(Please note that burning of the waste is prohibited and would be a violation of the
North Carolina Air Quality Rules).
6. Implement sediment and erosion control measures at the property as required by the
Sedimentation and Pollution Control Act to prevent any erosion from waste removal
activities. Stabilize the site by re-establishing native vegetation in the affected areas. Re-
seed and maintain as necessary to prevent erosion on the site.
7. Provide a written certification within supporting documentation on company letterhead
confirming the noted compliance schedule has been completed. Include in the
certification any actions taken to prevent future violations. Mail this certification to the
following address:
Amanda Thompson
DWM — Solid Waste Section
225 Green Street, Suite 714
Fayetteville, NC 28301
[e-mail]
All corrective measures must be completed within 30 days' receipt of this notice of violations,
unless otherwise noted. A follow-up site inspection will be conducted after 30 days have passed
to ensure that the corrective measures have been completed to bringthis facility into compliance.
D_EW
NORTH CAROLINA Q
Aj
ilupadmu,1 ui En irp 0. 1 quality
North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5095
910.433.3300

Harper
Notice of Violation
Page 4 of 4
February 2, 2021
The violation(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 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 or concerns, please contact me at [phone] (office) or
[e-mail].
Sincerely,
Digitally signed by
Amanda Thompson
Date:2021.02.02
08:26:58-05'00'
Amanda Thompson
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head — Solid Waste Section
Andrew Hammonds, Eastern District Supervisor — Solid Waste Section
Davy Conners, Environmental Senior Specialist — Solid Waste Section
Jessica Montie, Environmental Program Consultant —Solid Waste Section
Sherri Stanley, Permitting Branch Supervisor —Solid Waste Section
Scott Hammerbacher, Planning Director— Franklin County
Griff Gardner, Zoning Enforcement Officer— Franklin County
D_EW
NORTH CAROLINA Q
Aj
ilupadmu,1 ui En irp 0. 1 quality
North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5095
910.433.3300