0603_ROSCANS_2012

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C3 Robed Wiaemaa, County. Manager �
Cti 1Avery County
1 P.O. Box640
Newland, NC 25657-0640 ��

County of Avery
Division of Solid Waste Management
Post Office Box 640
Phone: [phone]
I! C EN LD
- 5 202
SOL":D WASTE SECTION
roSkEVILLE i2EGIONAL OFFICE
Newland, NC 28657
Fax: [phone]
Henry C. Norris Jr. Director Eric Foster Asst Director
November 2, 2012
Ms. Deborah Aja
Environmental Senior Specialist
NCDENR - Solid Waste Section
Ashville Regional Office
2090 US HWY 70
Swannanoa, NC 28778
RE: Notice of Violation
Facility Permit # 06-03
Avery County Landfill
Spruce Pine, NC 28777
Dear Ms. Aja:
Avery County received your Notice of Violation (NOV) letter dated
October 25, 2012 (attached). The NOV outlined violations by Avery
County for failure to cover waste as witnessed on the October 11,
2012 inspection (attached). The NOV listed two (2) conditions for
compliance. This letter addresses the County's response to those
conditions. Each condition is listed in italics followed by our response
in bold.
Compliance Schedule Response
Condition 1: Immediately operate the solid waste management
facility in accordance with the Solid Waste Management Rules, 15A
NCAC 138, Article 9 of the Chapter 130A of the North Carolina General
Statutes (NCGS 130A-290, et seq.), the conditions contained in Permit
No. 06-03; and the approved plan.
Response: The NOV was shared with staff. Avery County
endeavors each and every day to be good stewards of the site,
community and the environment. As such we acknowledge this
condition.

Ms. Aja
November 2, 2012
Page 2 of 5
Condition 2: By November 5, 2012, cover all exposed construction
and demolition debris waste with six inches of earthen material. In
areas which will not have additional wastes placed on them for three
months or more, but where final termination of disposal operations has
not occurred, cover and stabilized with vegetative ground cover or
other stabilizing material.
Response: Following the site inspection, Avery County cut both
subject areas back to a 3 horizontal : 1 vertical slope and
covered the exposed waste areas with a minimum 6 inches of
soil cover. Both areas were hydro -seeded the week of October
22, 2012. Pictures of the completed area are provided below.
Additionally, we would like to respectfully disagree with this
NOV due to the relative size of the subject area of concern. The
area of insufficient cover is 0.004 acres. As we both know, the
inherent issues associated with C&D type waste do not present
the same vector attractions as that of municipal solid waste
such that weekly cover is considered adequate. We
acknowledge the department's point in this matter, but we, as
the County, would have preferred this to be addressed as a
concern rather than to have escalated to the severity of a NOV
for 0.004 acres.

Ms. Aja
November 2, 2012
Page 3 of 5
Additional Comments
The following statements from the October 11, 2012 inspection
(attached) are being addressed by Avery County for the purposes of
documentation.
Comment 3 (page 4 of 7): The tipping floor had been cleaned. Cracks
were visible throughout the tipping floor surface and there appeared to
be extensive wear over the entire surface. There was no movement of
broken concrete observed in the surface layer. However, leachate
could become trapped in the cracks at the surface and potentially
reach the base layers. Should the tipping floor base layer be
compromised below the cracked surface it would be possible for
leachate to be released underneath the building and outside the
leachate collection system. Any release of leachate outside of the
collection system would be a violation of the Solid Waste
Management Rules and could require corrective actions. The
facility should schedule making repairs to the floor as quickly
as possible to remain in compliance and to avoid potential
expensive remediation.
Response: Avery County believes in a pro -active effort to
maintain the integrity of the tipping floor and understands the
concerns of the department. Therefore, we offer some
additional background as follows:
• When cracks were noted in September 2005 we
undertook an improvement project to re -surface the floor.
• On October 1, 2005 a temporary repair was made using
Polytops MMA Grout, a methyl Methacrylate self -leveling
grouting and patching material. The grout was applied to
the affected area, per manufacturer's instructions, which
completely sealed the wear damage.
• In May 2007, the tipping floor was completely resurfaced
using 8000 psi fiber reinforced concrete to a depth of 4-5
inches.
• The additional floor height caused clearance issues over
the entire span of the transfer station entrance. In July
2008 the entire transfer station entrance was raised
resolving this issue.
Based on historical events, we know the original tipping floor
surface was not compromised to the point that would allow for

Ms. Aja
November 2, 2012
Page 4 of 5
any release of leachate outside the collection system, and are
confident the current floor cracks are stable and superficial. As
an additional precaution these cracks are monitored and will be
sealed, if necessary, to further prevent substantial damage and
further unnecessary cost to the County.
Comment 28 (page 5 off: There was evidence of erosion in the
intermediate cover over inactive cells in Phase I and Phase 3.
Vegetation needs to be re-established in these areas. It was stated
that re -seeding was scheduled. The Operations Manual
[Environmental Management, 3.2.2] requires that intermediate
cover that has been exposed for more than 30 days must be
seeded immediately and repaired when erosion features are
identified.
Response: Based on your inspection day comments, we believe
the aforementioned area is part of the current borrow and is
considered active (more often than every 30 days). As
required, this area has established erosion control devices and
utilizes best management practices.
Comment 29 (page 5 of 7): The storm water control devices
(sediment ponds, skimmers, storm water control ditches, etc.) were
observed. The Operations Manual [Environmental Management 3.2.2]
requires that the on -site basin be inspected regularly for sediment
build-up or erosion damage. The basin should be cleaned out
when sediment fills the lower half of the basin. It was stated
that the skimmer was operational. The basin below the closed portion
of Phase 2 must also be cleaned out if sediment has filled the lower
half of the basin. Please contact...
Response: To date sediment levels in Basins 3 and 4 are
approximately 10% impacted at their upper ends (15t baffle)
and are functioning as designed. There is no indication of
sediment buildup in the lower half of either basin, as indicated
by stabilized vegetation. The skimmer is operational and
remains the primary device for dewatering the basins
effectively. Weekly surface water basin monitoring is
conducted and recorded for preventative maintenance, as part
of the NPDES permit routine. This process allows periodic
monitoring as well as post -storm response to any issues at the
site. We encourage review of our inspection records on your
next visit such that we can demonstrate our efforts to maintain
site compliance and minimize its impact on the environment.

Ms. Aja
November 2, 2012
Page 5 of 5
Conclusion
Avery County is committed to training their personnel properly and
maintaining their facility in compliance with applicable rules and
requirements. At this time, we believe Avery County has met the
conditions for compliance as outlined in the Notice of Violation. As the
department has observed, Avery County has made significant
improvements to the facility and its operations over the past five (5)
years and will treat any concerns that the department may have with
the highest importance.
If you have questions, or require additional information, please contact
me at your earliest convenience at 828-737-5420 or by email below.
Y
Ave
ddy" Norris
Solid Waste Director
buddy. [e-mail]
cc: Robert Wiseman, Avery County Manager
Mark Poindexter, NCDENR Solid Waste Section
Jason Watkins, NCDENR Solid Waste Section
Jessica Montie, NCDENR Solid Waste Section
Allen Gaither, P.E., NCDENR Solid Waste Section
Kristen Hicklin, NCDENR Land Quality Section
Stacey Smith, P.E., Smith Gardner, Inc.
attachments