32N1069_NOV_20160811

Waste Management
ENVIRONMENTAL OUALITY
August 11, 2016
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Robert Johnson, Owner and Operator
Double R Farm LCID Landfill
2624 Hamlin Road
Durham, NC 27704
SUBJECT: Notice of Violation
Compliance Inspection Report
Double R Farms LCID Landfill
N01069
Durham County
Dear Mr. Johnson:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
se'lc/a,
MICHAEL SCOTT
[)tj1,,, t,jr
On July 21, 2016, Mary Whaley and Drew Hammonds 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. Robert Johnson was
present upon arrival and gave permission for the inspection. He then went to his residence, next
door. The following violation(s) were noted:
1. 15A NCAC 13B .0566(3), "Solid waste shall be restricted to the smallest area feasible
and compacted as densely as practical into cells."
There were many piles of brush and land clearing debris across the LCID site.
2. 15A NCAC 13B .0566(4), "Adequate soil cover shall be applied monthly, or when the
active area reaches one acre in size, whichever occurs first."
There was more than one acre uncovered. The sidewalls, including the mulch and concrete- any
acceptable waste that is within the Notification edge of waste markers, must be covered at least
monthly or when the exposed material is larger than one acre.
3. 15A NCAC 13B .0563(1)(a) states: The facility is to be operated for the disposal of land
clearing waste, inert debris, untreated wood, and yard trash.
Unacceptable waste including plastic pipe, carpet, plastic soda bottles, painted wood, creosote
poles, plywood, old tarp, carpet, rebar and steel mesh (must be cut flush with concrete and
removed), a few piles of what appeared to be C&D and piles of scrap metal, and aluminum from
State of North Carolina I Environmental Quality I Waste Management
1646 Mail Service Center 1 217 West Jones Street I Raleigh, NC, 27699-1646
919 707 8200

Double R Farm LCID
Notice of Violation
Page 2 of 3
August 11, 2016
what looks to have been a shade structure, painted concrete, tires, etc. were observed. Also
observed was a bulldozer pushing 4'schedule 40 pipe and covering instead of removing.
4. 15A NCAC 13B .0562 BENEFICIAL FILL states: A permit is not required for beneficial fill
activity that meets all of the following conditions:
(1) The fill material consists only of inert debris strictly limited to concrete, brick, concrete
block, uncontaminated soil, rock, and gravel.
(2) The fill activity involves no excavation.
(3) The purpose of the fill activity is to improve land use potential or other approved
beneficial reuses.
(4) The fill activity is not exempt from, and must comply with, all other applicable Federal,
State, and Local laws, ordinances, rules, and regulations, including but not limited to zoning
restrictions, flood plain restrictions, wetland restrictions, mining regulations, sedimentation
and erosion control regulations. Fill activity shall not contravene groundwater standards.
As noted above, waste materials beyond strictly inert debris were observed on site and within
the inert fill area. Further, this fill area exceeds the scope in terms of volume, acreage, and
grades submitted to the Section in 2014. Therefore, it is not clear that the proposed land use
potential can still occur which may change the ability to comply with other local and state rules.
Based upon the foregoing, Double R Farm shall come into compliance by with all requirements
of the regulations in 15A NCAC 13B by completing the following:
1. Immediately cease acceptance of any waste materials until such time the site is deemed
in compliance by Section staff.
2. Within 15 days, remove any waste material, including any that may be buried, that is
not land clearing debris, inert debris consisting of unpainted block or brick, gravel,
asphalt, and yard waste to a disposal facility permitted by the Section to receive those
materials. Disposal receipts must be maintained and submitted to the Section. NOTE:
Test pits may be required as proof of material removal.
3. Within 30 days, all areas of fill must be compacted to the smallest area feasible and
covered with a minimum of twelve (12) inches of clean soil and graded to properly shed
surface water. Slopes can be no greater than 3:1.
4. Future fill (inert) activities outside of the 2-acre footprint of the LCID landfill are subject
to submittal of a plan detailing the limits and scale of the proposed activity, including
final grades, the proposed beneficial land use, and proof that the activity complies with
other local, state and/or federal requirements as required by 15A NCAC 13B .0562. This
should include at a minimum, a letter from Durham County zoning stating status of
compliance and the same from either the Division of Energy, Mineral, and Land
Resources or its delegated local Erosion Control program.
Please note that this facility operates under a LCID notification as allowed under 15A NCAC
13B .0563. That rule allows that a permit is not required as long as the activity does not
State of North Carolina I Environmental Quality I Waste Management
1646 Mail Service Center 1217 West Jones Street I Raleigh, NC 27699-1646
919 707 8200

Double R Farm LCID
Notice of Violation
Page 3 of 3
August 11, 2016
violate the operational conditions of .0564 and .0566, is under 2 acres in size, and is
compliant with any other applicable local, state and federal law and/or rule.
If this site cannot be brought into compliance as outlined above, the Section will require a
permit for any future operations of this facility from the date of this report.
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 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(s) to verify that the facility has completed the requirements of this Notice
of Violation.
If you have any questions, please
[e-mail] .
Sincerely,
A" -
contact me at 919-693-5023 or e-mail
Mary Whaley
Environmental Sr. Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head
Drew Hammonds, Eastern District Supervisor
Jessica Montie, Compliance Officer
Steven Medlin, Durham County Planning
Bo Dobrzenski, Durham County Planning
Wendell Davis, Durham County Manager
Ryan Eaves, Durham County Erosion Control
John Holley, DEMLR Regional Engineer
State of North Carolina I Environmental Quality I Waste Management
1646 Mail Service Center 1217 West Jones Street I Raleigh, NC 27699-1646
919 707 8200