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HomeMy WebLinkAbout88C_ROSCANS_20101� AM�� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES revised 1112312010 2:15: 00 PM FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section UNIT TYPE: Lined LCID X YW Transfer Compost SLAS COUNTY: Transylvania MSWLF PERMIT NO.: 88C Closed BHW White Incin T&P FILM MSWLF goods FILE TYPE: COMPLIANCE CDLF TireT&P/ Tire Industrial DEMO SDTF Collection Monofill Landfill Date of Audit: 10/06/10 Date of Last Audit: 12/9/03 FACILITY NAME AND ADDRESS: Cantrell Construction Company Demolition Landfill 4480 Greenville Highway (Hwy 276 S) Brevard, NC 28712 GPS COORDINATES: N: 35.143485 E:-82.707487 FACILITY CONTACT NAME AND PHONE NUMBER: David Cantrell 828-884-6157 828-884-353 1 (fax) FACILITY CONTACT ADDRESS: Cantrell Construction Company P.O. Box 1677 Brevard, NC 28712 AUDIT PARTICIPANTS: Troy Harrison, NC DENR-Solid Waste Section STATUS OF PERMIT: Permit issued September 3, 1991 Expiration of Permit letter sent January 16, 2000 PURPOSE OF AUDIT: Comprehensive audit of Closed LCID Landfill NOTICE OF VIOLATION(S): STATUS OF PAST NOTED VIOLATIONS: N/A AREAS OF CONCERN AND COMMENTS: 1. This is a closed LCID Landfill. All photographs were taken by Troy Harrison from the DOT Right of Way. 2. A Memorandum dated September 27, 2001from Jim Patterson, Waste Management Specialist, to Jim Coffey, Acting Section Chief, Solid Waste Section stated that a closure inspection had been conducted on September 12, 2001. The memo also stated: "The inspection found the site to be closed, covered with soil, and stabilized with grass". A closure letter has not been issued. 3. During a previous meeting with Mr. Cantrell on April 20, 2010, the deed (Book 333, Pg 31) to the facility was reviewed. The deed has no reference to a landfill. L.R. & Mary Hebson leased the property to Cantrell )CILITY COMPLIANCE AUDIT REP T Division of Waste Management Solid Waste Section Page 2 of 2 Construction and a permit was obtained. The accompanying drawing surveys and separates out the landfill but is does not separate the tract of land. The property is no longer leased or controlled in any way by Cantrell Construction Company. The current owner of the property is David M. Ratchford. Using the Transylvania County GIS, it was learned that the most current deed was recorded on September 1, 2006 in Book 367 and Pages 655-657. A copy of the deed was obtained from the Transylvania County Register of Deeds Office. Included with the deed is a survey drawing which states: "This tract is subject to an unrecorded lease to Cantrell Construction Co. for a demolition landfill — Dated April 1, 1991." The landfill is clearly marked on the drawing. LO! 3 — !ARSON MEK Ii:AGE — 1ARGY r^!PB"i ERR •`1 i19YWo[.VNCM w.v'c: mpu 3e'�'E _T �'� �y•�� '"S � B .�% 11 8.00 ACRES ( 3 �` Y if ` � 9� F4S \ s„i . �'•� T a OMSJON OF YR'47YERIY G,tW ,@Y: ?!NA DNATKIiVS ♦A�"radc`eyF `� H�MaM6 v[Oa iW IAn- �S. Hup�•�'�}p3�� PV Mak IH.. w9/f19 951, 04917-t ,_ �b sW n 1 � . La, 7 .. 9� br J�µr ' 2L The cap of the landfill was well covered with vegetation and it appears that it has been mowed on a regular basis. FACILITY COMPLIANCE A' T REPORT Division of Waste Management Solid Waste Section Page 3 of 3 Please contact me if you have any questions or concerns regarding this audit report. --,Zq-p� N AV Q��N Phone: Troy Harrison Environmental Senior Specialist Regional Representative 828-296-4701 Mailed on: 11/23/10 by Hand delivery US Mail Certified No. cc: Mark Poindexter, Field Operations Branch Supervisor Deb Aja, Western District Supervisor Donald Herndon, Compliance Officer David Ratchford, Property Owner AAA NCDENR North Carolina Department of Environment and Natural Resources Division of Waste Management Beverly Eaves Perdue Dexter R. Matthews Governor Director Asheville Regional Office Division of Waste Management Solid Waste Section November 23, 2010 Certified Mail No. 7004 1350 0001 6624 6254 Mr. David M. Ratchford P.O. Box 1607 Irmo, SC 29063 Subject: Closure of Land Clearing and Inert Debris Landfill Permit Number 88-C Cedar Mountain, Transylvania County, North Carolina Dear Mr. Ratchford, Dee Freeman Secretary On September 30, 1991, a permit was issued by the North Carolina Solid Waste Section for the construction and operation of a Demolition Landfill on property leased to Cantrell Construction Company. The property is located at 899 East Fork Road in the Dunns Rock Township of Transylvania County, North Carolina. The property owners at that time were L.R and Mary J. Hebson. The property was leased to Cantrell Construction Company and the lease was dated April 8, 1991. It is my understanding you are the current owner of the property (Pin: 8592-28-4092-000), as of September 1, 2006. In a letter dated, January 16, 2000, the Solid Waste Section informed Cantrell Construction Company by letter that Permit Number 88-C, dated September 30, 1991, had expired. A closure inspection was conducted by Jim Patterson, Environment Senior Specialist, on September 12, 2001 confirming that the landfill had been closed, covered with soil and stabilized with grass. However, a review of facility records shows that recordation of the permit and final closure of the landfill has not yet been completed. Based on a site inspection, conducted on October 6, 2010, the Solid Waste Section has documented that the referenced facility is inactive. The landfill must be closed in accordance with the conditions of Section .0510 and .0566 of the Solid Waste Management Rules. When a disposal site/facility has been closed any future disposal operations will require a new permit. Any activities not associated with the maintenance or monitoring of the closed site/facility may be viewed as operation of the facility, therefore violating North Carolina Solid Waste Management Rules. 2090 US Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500 \ FAX: 828-299-7043 \ Internet: www.wastenotne.org An Equal Opportunity \ Affirmative Action Employer Nne orthCarolina Natutrallry In order to complete closure: A. Permit Number 88-C (attached) must be recorded, as required by 15A NCAC 13B .0204, and B. the attached copy of the Letter of Closure must be completed with the permit recordation information, and recorded by the Transylvania County Register of Deeds and indexed in the grantor index under the name of the land owner for the property identified by deed located in BOOK: 367, PAGES: 655-657. Within 60 days of receipt of this letter, the certified copy of the Letter of Closure affixed with the Register's seal and the date, book, and page number of the recording shall be returned to the Solid Waste Section at the following address: Troy Harrison Environmental Senior Specialist Division of Waste Management/Solid Waste Section 2090 US Hwy 70 Swannanoa, NC 28778 Maintenance and monitoring for this closed landfill is specified in the Letter of Closure. If you have any questions or if I can be of any assistance, please contact me at (828) 296-4701 cc: Deb Aja, Western District Supervisor 2090 US Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-45001 FAX: 828-299-70431 Internet: www.wastenotnc.org An Equal Opportunity 1 Affirmative Action Employer Sincerely, Troy Harrison Environmental Senior Specialist Nne orthCarolina Naturally utilities, roads, parking lots and sidewalks, except for any construction and improvements which are approved by DENR. 3. No surface or subsurface native or fill earthen materials may be removed from the Facility without the written permission of DENR or its successor in function. There shall be no alteration, disturbance or removal of the existing soil, landscape and contours, other than DENR-approved erosion control measures, unless approved by DENR. 4. The Facility shall be maintained in accordance with 15A NCAC 13B .0564 SITING CRITERIA, and 15A NCAC 13B .0566 OPERATIONAL REQUIREMENTS which require in part: a. A buffer of 50 feet shall be maintained from the waste boundary to all surface waters of the state as defined in G.S. 143-212. b. The disposal area shall be maintained with a minimum of one foot of suitable soil cover sloped to allow surface water runoff in a controlled manner and maintained with ground cover sufficient to restrain erosion. Trees and other woody vegetation will not be allowed to grow on top of the disposal area. c. Adequate erosion control measures, structures, or devices shall be utilized to prevent silt from leaving the site and to prevent excessive on site erosion. d. Surface water shall not be impounded over waste. e. Leachate shall be properly managed on site through the use of current best management practices. f. The facility shall be adequately secured by means of gates, chains, berms, fences, etc. to prevent unauthorized access. 5. The Facility shall not be used for mining, extraction of coal, oil, gas or any other minerals or non - mineral substances unless approved by DENR. 6. Any surface or underground water shall not be used for any purpose. The installation of groundwater wells or other devices for access to groundwater for any purpose other than monitoring groundwater quality or remediation of groundwater contamination in accordance with a DENR approved remediation plan is prohibited. 7. Ground water separation of four (4) feet shall be maintained and/or devices utilized to maintain ground water at four (4) feet shall remain; Solid waste, vehicles, mobile homes and offices, appliances and other materials, including waste materials, recyclables, and virgin materials, shall not be disposed or stored on the Facility unless they are necessary to implement a DENR approved remediation plan. 8. Activities necessary to remediate contamination at the Facility, maintain the security of the Facility, prevent human exposure to contaminated materials, and to prevent erosion of contaminated soil at the Facility are permitted, if approved in writing in advance by DENR or its successor in function. 9. All other uses and activities at the Facility are prohibited unless approved in writing in advance by DENR or its successor in function. 10. No person conducting environmental assessment or remediation at the property, or involved in determining compliance with applicable land use restrictions, at the direction of, or pursuant to a permit or order issued by, DENR or its successor in function may be denied access to the property for the purpose of conducting such activities. 11. If methane monitoring wells and/or groundwater monitoring wells are required at the site they shall be maintained for the purposes of monitoring. 12. The Division may require further action in order to correct any condition which is or may become injurious to the public health, or a nuisance to the community. Page 2 of 2 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT (DWM) 1646 MAIL SERVICE CENTER RALEIGH, N.C. 27699-1646 LAND CLEARING AND INERT DEBRIS LANDFILL LETTER OF CLOSURE FACILITY PERMIT NUMBER 88-C November 23, 2010 Mr. David M. Ratchford is hereby issued a LETTER OF CLOSURE for the Land Clearing and Inert Debris Landfill located off of S.R. 1107/East Fork Road on property described indeed recorded in BOOK: 367 AND PAGES: 655-657, in Cedar -Mountain, Transylvania County, North Carolina in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina and all rules promulgated thereunder and subject to the conditions set forth in this LETTER OF CLOSURE. For any permit issued by the DWM to be valid it must have been recorded as specified in the Permit. Permit Number 88-C is recorded in BOOK: AND PAGE: in the Transylvania County Register of Deeds. POST -CLOSURE MAINTENANCE AND CONDITIONS Post -closure maintenance and monitoring for this facility shall consist of whatever measures, procedures, and activities required to maintain this facility in compliance with the following closure conditions specified below: Note: The Facility consists of the disposal unit and 100 feet of buffer or to property line, whichever is less, surrounding the disposal unit. 1. Any future disposal at the site shall require a new permit. 2. The Facility shall not be developed or utilized for residential, commercial, industrial, or institutional purposes, including but not limited to above- or below -ground construction or improvements such as Page 1 of 2 l� C K 1 hl` I C U IVIFH I LTM Fi C 1. Y(DomestrclNadFOnlyyNo�InsrranceCoueragePro�aleal)�Ly �Por deLuery:n,�ormat:onFv�sit o�r$webs�teat wvicw�uspscom®� X "Ire �. l. ul n m Total Postage &Fees s o si Per David M Rat hford i s P O Box %6D7 o Yrn7®, SC 29D�� 1®� L- - ------ -- - ----------- - 1 �. 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