N1055-20110103NOV Response Letter

®,KILPATRICK
TOWNSEND
ATTORNEYS AT LAW
January 3, 2011
Hand Delivered
NCDENR—Solid Waste Section
Jason Watkins, Supervisor
585 Waughtown Street
Winston-Salem, NC 27107
RECEIVED
N.C. Dept. of ENR
JAN 0 3 2011
Winston-Salem
Regional ice
KILPATRICK TOWNSEND & STOCKTON LLP
W ww.kilpatricklownsend.com
1001 West Fourth St.
Winston-Salem NC 27101-2400
t 336 607 7300 f 336 607 7500
N w XilpatrickStockton.com
Stephen R. Berlin
direct dial 336 607 7304
direct fax [phone]
sberlin rikilpatrickstocklon.com
Re: Andrews Farm LCID Landfill — Proposal for Continued Operation
Dear Mr. Watkins:
As you know, we represent James F. Andrews of 4640 Boiling Springs Road, an
owner and operator of the above referenced landfill. On September 28, 2010, your office
issued a Notice of Violation to James F. and Alene A. Andrews for alleged violations of solid
waste land clearing and inert debris ("LCID") regulations. During a November 10, 2010
meeting between yourself and Richard Sieg of this office, it was agreed that we would
submit a proposal for the future operation of the landfill. On behalf of Mr. Andrews, we
hereby submit this proposal for your consideration.
The Andrew's proposal is intended to provide the Department of Environmental and
Natural Resources ("DENR") the future operational plan for this notified LCID facility and
how operations described herein would comply with the State regulations. Because of the
interrelationship and overlap between State and local solid waste law, certain activities may
require local approval (e.g., zoning, etc.). If the local authorities refuse approval of the
proposed activities or if Mr. and Mrs. Andrews chooses to cease operation of the landfill,
their landfill will be closed in accordance with the steps outlined in the "Landfill/Recovered
Material Alternative, Closure" Section below. Post -closure, agricultural use is proposed for
the filled land.
Overview
The site in question is Andrews Farm Landfill located at 5005 Rockwell Place Drive,
Tobaccoville, Forsyth County. The proposed future operation covers landfill property
described in Deed Book/Page 2568/4498, PIN 5990-08-7170.00 (hereinafter referred to as
"the Landfill Property") (see Figure 1). The Landfill Property is entirely surrounded by
US2008 1751308.1
ATLANTA AUGUSTA CHARLOTTE DUBAI NEWYORK OAKLAND RALEIGH STOCKHOLM WASHINGTON WINSTON-SALEM

Jason Watkins, Supervisor
January 3, 2011
Page 2
property described in Deed Book/Page 1999/1523, PIN 5990-07-7833.00 (hereinafter,
"Surrounding Property") (see Figure 2). Both parcels are owned by Mr, and Mrs. Andrews,
but no solid waste disposal or processing is proposed for the Surrounding Property. Below,
we are providing two alternatives for the future operation of the Landfill Property.
Landfill/Recovered Mrtterial Alternative
Waste Acceptance
The Landfill Property would accept the following wastes and other materials: stumps, trees,
limbs, brush, grass and other naturally occurring vegetative material as well as concrete,
brick, concrete block, used asphalt mixed with dirt, sand, uncontaminated soils, gravel and
rocks, untreated and unpainted wood, 1 yard trash, and other items approved for LCID
landfills by DENR. The source of these wastes and other material is expected to be from
public, governmental (e.g., N.C. Department of Transportation (DOT), etc.) and private
sources. In fact, DOT has been the most substantial source of material in the past.
Signage and Access to Property
A sign would be posted at the landfill entrance showing the contact name and telephone
number in case of an emergency. Landfill access would be limited to when landfill
personnel are present. A locked gate would prevent unauthorized access.
Waste Screening
In order to assure that prohibited wastes are not processed for disposal in the landfill, waste
screening would be implemented. Landfill personnel would be present at the time of waste
delivery to assist in the screening of the waste. Anyone found to be attempting delivery of
non -acceptable waste would not be allowed to leave such waste on -site. Also, if any non -
acceptable waste is identified on -site, it would be placed into an on -site stockpile or
container or other storage unit and subsequently removed from the Landfill Property for
disposal at a solid waste facility permitted to accept such waste.
Waste Sorting
Any material brought for disposal (or recovery) would be placed on the Landfill Property for
sorting purposes. The material would be sorted by landfill management. Any material that
has known recycling potential and that can be feasibly recycled would be diverted or
removed from the solid waste stream for sale, use, or reuse. This "recovered material," as
I A proposed rule change would prohibit disposal of untreated wood at LCID facilities in North Carolina. See 25
N.C. Reg. 465-469 (Aug. 16, 2010) (proposing, among other related changes, the removal of "untreated and
unpainted wood" from the definition of"land clearing and inert debris landfill'); see also 25 N.C. Reg. 1066 (Nov.
1, 2010) (stating that the comment period for the proposed rule change ends January 31, 2011). If the proposed rule
change is finalized as proposed, disposal of untreated wood would be prohibited at this landfill.
US1008 1751308.1

Jason Watkins, Supervisor
January 3, 2011
Page 3
defined in N.C. Gen. Stat. § 130A-290, would be moved to the Surrounding Property for
proper management (see Processing Operations — Surrounding Property section below).
Any acceptable solid waste would be temporarily staged on Landfill Property for proper
disposal in the landfill. Any non -acceptable wastes would be managed as stated above in the
Waste Screening section.
Disposal
Solid waste would be restricted to the smallest area feasible and compacted as densely as
practical into cells. Also, solid waste would not be disposed of in water. Adequate soil
cover would be applied monthly, or when the active area reaches one acre in size, whichever
occurs earlier. Surface water would be diverted from the working face and would not be
impounded over waste. For the purposes of this document, "surface water" means water
resulting from precipitation or Landfill Property run-on that has not contacted the waste.
Processing Operations — Surrounding Property
No "processing" of solid waste would occur at the Surrounding Property and thus no permit
or notification should be required for this activity. Only recovered material would be
processed on the Surrounding Property. Currently, some of the recovered material is sent
off -site as is for use (without the need for further processing onsite). Other recovered
material (trees, limbs, etc) is cut on the Surrounding Property to prepare it for sale as
firewood. We expect these recovered material operations to continue. Should other
recovered materials be identified, they would be managed similarly.
Recordkeeping
The operating record for the landfill would be maintained to track the material received at the
Landfill Property and recovered material sent to the Surrounding Property. Also, records of
recovered material shipped off -site or sold or otherwise beneficially used would be
maintained. Any receipts for these materials would also be maintained.
Closure
One Hundred Twenty (120) days after completion of the landfill disposal operation, the
disposal area would be covered with a minimum of one foot of suitable soil cover sloped to
allow surface water runoff in a controlled manner. Provisions for sufficient ground cover to
restrain erosion would be accomplished as required. The total disposal area for this landfill is
limited to less than two (2) acres.
In other words, this activity does not meet the definition of "treatment and processing facility" found at 15A
NCAC 13B.0101(49) since recovered material is explicitly exempted from the definition of solid waste at N.C. Gen.
Stat. § 130A-290(35)(0.
US3003 1711308 1

Jason Watkins, Supervisor
January 3, 2011
Page 4
Other Environmental Management Concerns
Landfill management would continue to cooperate with the local erosion control program (as
well as with the State erosion control program) for the Landfill Property. Adequate erosion
control measures are being and would continue to be utilized to prevent silt from leaving the
Landfill Property and to prevent excessive on -site erosion.
Open burning of solid waste would not be allowed at the Landfill Property.
Landfill Only Alternative
A second alternative would include landfill disposal of all land clearing debris brought to the
Landfill Property. The same procedures used for Landfill/Recovered Material Alternative
would be used for this alternative, except that any procedures for management of "recovered
material" would not be necessary. This is not the preferred method for the future operation
of the landfill. Like the N.C. General Statute itself, Mr. Andrews prefers waste reduction,
recycling and reuse methods over disposal in landfills. See N.C. Gen. Stat. § 130A-309.04
(providing the State Policy that established a hierarchy of desirable methods for managing
solid waste, where landfill disposal is at the bottom of the list).
Conclusion
On behalf of our client, we request DENR consider this proposal for the continued operation
of the Andrews Farm Landfill. As stated above, Mr. Andrews prefers to operate the landfill
on the Landfill Property and to continue to manage recovered material on the Surrounding
Property. A second feasible, but less desirable, alternative is available: operating as a LCID
landfill only. Therefore, we respectfully request approval of the above -stated plan for the
future operation of the Landfill Property. If you would like to discuss this proposal, please
contact me. We look forward to working with you to resolve your concerns for this site.
Sincerely,
Stephen R. Berlin
cc: James F. Andrews
Attachments
US2008 S ❑08.1

PIN
5990-08-7170.00
Rockwell Place DR
Current Deed Stamps
Map Number
588906
Property Address
Block Lot
4723 013X
Assessment Method
Cost
Additional Lots
WIP
No
Tax Jurisdiction
Forsyth County / Old Richmond FD
Land Value
$12,946
Anx
N
Dwelling Value
Taxable Owner Name
Andrews, James F
Commercial Value
Taxable Owner Name2
Andrews, Alene A
Industrial Value
Taxable Owner Address
4640 Boiling Springs RD
Misc Imp Value
Taxable Owner City St Zip
Tobaccoville, NC 27050
Total Value
$12,900
Taxable Deed Bk-Pg
2568-4498
Acreage
2
Taxable Deed Date
5/27/2005
Sq Ft Living Area (Res)
Taxable Deed Stamps
Gross Sq Ft (Com)
Current Owner Name
Andrews, James F
Year Built (Res)
Current Owner Name2
Andrews, Alene A
Year Built (Com)
Current Owner Address
4640 Boiling Springs RD
Census Tract
28.01
Current Owner City St Zip
Tobaccoville, NC 27050
Zoning
AG
Current Deed Bk-Pg
2568-4498
Last Qualified Sale Price
Current Deed Date
5/27/2005
Disclaimer: Forsyth County cannot guarantee the accuracy of this information, and the Mao Scale
County hereby disclaims all warranties, including warranties as to the accuracy of this 1 inch = 159 feet
information.

Figure 2 - Surrounding Property
+_- rid,• �,
IUJ5 !l rugs 91!
2225 425� -
2-1
;��3 J9d1%'tf;
(s
,�... ROLLING HILL D al`
�14 � 11819
,� Iw✓t Yd�
e7r�a tbik-Ki.y�r��rj.
.� r z / F`I`1,tk! 2179 475a
rt
C
Ai IN(�
9194
�C
12,
yy4
'.J .L ) l� �frs
Y. 11 t.♦ ..
tM
r
�
e � e J (..
��,,
TO©ACCOVILLE—l__
WW'1 ♦ '�(p. Mil i�ti 4 1261 l;U 7J
4rh� L?'� c ,,� s231v �li1a
�11 'YY 6lit 011l91t! 51Y4
781a .
v it L� Sp a r7t�, �� BaSB
d f'`d n, 9Ur9
t}il'^R
�1 ,'
tti f e
♦ �.
3949
�9c9 7858885S ,'j HbJ
PIN
5990-07-7833.00
5005 Rockwell Place DR
Current Deed Stamps
Property Address
Map Number
Assessment Method
588906
Cost
Block Lot
4723 013Y
Additional Lots
WIP
No
Tax Jurisdiction
Forsyth County / Old Richmond FD
Land Value
$107,774
Anx
N
Dwelling Value
$143,293
Taxable Owner Name
Andrews, James F
Commercial Value
Taxable Owner Name2
Andrews, Alene A
Industrial Value
Taxable Owner Address
4640 Boiling Springs RD
Misc Imp Value
$40,967
Taxable Owner City St Zip
Tobaccoville, NC 27050
Total Value
$292,000
Taxable Deed Bk-Pg
1999-1523
Acreage
16.59
Taxable Deed Date
4/27/1998
Sq Ft Living Area (Res)
1518
Taxable Deed Stamps
Gross Sq Ft (Com)
Current Owner Name 1
Andrews, James F
Year Built (Res)
1981
Current Owner Name2
Andrews, Alene A
Year Built (Com)
Current Owner Address
4640 Boiling Springs RD
Census Tract
28.01
Current Owner City St Zip
Tobaccoville, NC 27050
Zoning
AG
Current Deed Bk-Pg
1999-1523
Last Qualified Sale Price
Current Deed Date
4/27/1998
Disclaimer., Forsyth County cannot guarantee the accuracy of this information, and the Map Scale
County hereby disclaims all warranties, including warranties as to the accuracy of this 1 inch = 478 feet
information.