45-05TP 20120824 LTR

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 reauirements 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
An Equal Opportunity 1 Affirmative Action Employer
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