5601_ROSCANS_1983

North Carolina Department of Natural
Resources &Community Development
James B. Hunt, Jr., Governor IJoseph W. Grimsley, Secretary
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
March 24, 1983
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jack H. Harmon
McDowell County Manager
Post Office Box 1450
Marion, North Carolina 28752
Re: McDowell County Landfill
Dear Mr. Harmon:
On March 22, 1983, Mr. Bob Apple with the Department of Human Resources,
Solid F, Hazardous Waste Management Branch, Don Holebrooks and I inspected the
McDowell County Landfill. The inspection revealed that little or no work has
been accomplished in regard to erosion control since our March 10, 1983
inspection.
As you are ware, you received a Notice of Violation dated March 14, 1983,
requesting that the site be brought into compliance with the North Carolina
Sedimentation Pollution Control Act of 1973, on or before the deadline of
March 21, 1983.
A recent meeting between personnel of '-lie Division of Land Resources and
the Department of Human Resources has altered the enforcement policy on land-
fills. In accordance with this agreement, I am extending the deadline for
compliance to May 13, 1983. During this period, Bob Apple will work with you
in attempting to bring the site into compliance. If on that date the landfill
is still in violation, a Continuing Notice of Violation will be sent to you and
enforcement action will begin at that time. The purpose of this agreement is
to allow you, as County Manager, to deal with only one State Agency in regard
to the operation of your landfill. This Section does, however, retain the
ultimate jurisdiction of the site in regard to erosion control.
If you have any questions, please contact either Don Holebrooks or me.
Sincerely,
Richard A. Phillips, P.E.
Regional Engineer
cc: Mr. Taylor Currin, P.E.
Mr. Bob Apple —
Mr. Dick Tennant
0. W. Strickland
r. Julian Foscue
Asheville Regional Office Interchange Building, 159 Woodfin Street, P.O. Box 370, Asheville, N. C. 28802-0370; Telephone [phone]

Weather Conditions N.C. DEPARTMENT OF HUMAN RESOURCES Permit Number
DIVISION OF HEALTH SERVICES
INSPECTION FORM FOR SANITARY LANDFILLS
Name of Site County
p 4
Location
Signature of Person(s) Receiving Report
SIR:
An inspection of your land disposal site has been made this date and you are
notified of the violations, if any, marked
below with a cross (X).
1.
PLAN REQUIREMENTS
6.
ACCESS
Site plan approved
Attendant on duty
Construction plans approved
Access controls
Plans being followed
All weather road
2.
SPREADING & COMPACTING
Dust controlled
Waste restricted to the
7.
BURNING
smallest area practicable
Evidence of burning
Waste properly compacted
Fire control equipment available
3.
COVER REQUIREMENTS
8.
SPECIAL WASTES
Six inches daily cover
Spoiled food, animal carcasses,
Two foot final cover
abattoir waste, hatchery waste,
One foot intermediate cover
etc., covered immediately
4.
DRAINAGE CONTROLLED
9.
UNAUTHORIZED WASTES ACCEPTED WITHOUT
WRITTEN PERMISSION
On -site erosion
t-- Type
Off -site siltation�'��
Erosion control devices �>CL/ ti.
„r, s
°✓ ���'� `-"
Seeding of completed areas_�\C��, ,r
Temporary seeding
10.
VECTOR CONTROL
Effective control measures
5.
WATER PROTECTION
Off -site leaching
11.
MISCELLANEOUS
Waste placed in water
Blowing material controlled
Surface water impounded
Proper signs posted
Monitoring wells installed
REMARKS:
DATE NAME
Solid & Hazardous Waste Management Branch
DHS FORM 1709 (7/82)
Solid & Hazardous Waste Management Branch

OFFICE OF COUNTY MANAGER:
- -- JAGK-H—HARMO --
--County Manager
BUDDY MILLS
- Administrative Assistant
McDOWELL COUNTY
P. O. BOX 1450 • MARION. NORTH CAROLINA 28752 • PHONE [phone]
March 31, 1983
Mr. Hobert M. Apple
N.C. Dept. Human Resources
Environmental Health Section
Solid and Hazardous baste Management Branch
810 Westminister Circle
Lenoir, N.C. 20645
Dear Mr. Apple
I am sorry that. I did not have the opportunity to meet you on your visit
to McDowell County yesterday. I do want to assure you that we are moving
as rapidly as possible to bring the McDowell County Landfill. into compliance
with all regulations both sediment and erosion control and waste management.
Record amounts of rain over the past several weeks have hampered our
efforts considerably as have some equipment breakdowns. We have just recently
completed major overhaul of our compactor and front loader. At the time of
your visit our pan was down due to tire problems. This should be taken care
of shortly.
The North Carolina Department of Transportation this week has completed
seeding (hydro —seeding) of a large area of the landfill for us. This seeding
was done in accordance with recommendations prepared for us by the Soil Conservation
Service.
As requested by Mr. Richard Phillips, Regional Engineer, Division of Land
Resources, Land Quality Section, both sediment basins are being prepared in
accordance with plans supplied by the Soil Conservation Service.
If we can get a few days without rain I believe that you will see a great
improvement in the landfill. It rained here last night and is raining some
this morning. I have brought in an additional man this week to assist us.
I want to assure you of our total cooperation in bringing our landfill
into compliance.
Ve y truly,
Jack H. Harmon
County Manager
JHH/cp

I
North Carolina Department of Natural
Resources &Community Development
James 8. Hunt, Jr., Governor Joseph W. Grimsley, Secretary
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
April 27, 1983
Mr. Jack H. Harmon
McDowell County Manager
Post Office Box 1450
Marion, North Carolina 28752
Re: McDowell County Landfill
Dear Mr. Harmon:
�b
APR 291983 '
�4L i
On April 25, 1983, Mr. Bob Apple with the Department of Human Resources,
Don Holebrooks and I inspected the County Landfill. The inspection revealed
that the site remains in violation of the North Carolina Sedimentation Pollu-
tion Control Act of 1973.
The measures needed to bring the site into compliance include:
1. Both sediment basins need alterations and repair. This work should
be to specifications of a proper design from either the Soil Conservation
Service or a qualified professional engineer.
2. Rock rip -rap should be installed in channels where needed to prevent
scouring and erosion.
3. Seed all bare areas where active grading or filling is not being
conducted to provide a ground cover and to reduce runoff rates.
The recent work done on the sediment ponds appears to be haphazard and
inadequate. If the construction work on the stormwater management and sediment
retardent structures is not properly designed and conducted, the result can be
serious damage to the structures with costly repairs and continued offsite
sediment damage.
In the letter to you from this office dated March 24, 1983, we requested
that the deficiencies be corrected by May 13, 1983, to bring the site into
compliance. A follow-up inspection will be made on or about that date.
Asheville Regional Office Interchange Building, 159 Woodfin Street, P.O. Box 370, Asheville, N. C. 28802-0370; Telephone [phone]

Mr. Jack H. Harmon
April 27, 1983
Page two
If you have any questions, please contact either Richard Phillips or me
at this office.
Sincerely,
William H. Allen
Asst. Regional Engineer
WHA:a
xc: Mr. Taylor Currin, P.E.
Mr. Charles Gardner, P.E.
Bob Apple
r. 0. W. Strickland

Weather Conditions N.C. DEPARTMENT OF HUMAN RESOURCES Permit Number
DIVISION OF HEALTH SERVICES
INSPECTION FORM FOR SANITARY LANDFILLS
Name of Site County
Location Signature of Person(s) Receiving Report
SIR: An inspection of your land disposal site has been made this date and you are
notified of the violations, if any, marked below with a cross (X).
1. PLAN REQUIREMENTS 6. ACCESS
Site plan approved Attendant on duty
Construction plans approved Access controls
Plans being followed All weather road
2. SPREADING & COMPACTING Dust controlled
Waste restricted to the
smallest area practicable
Waste properly compacted
3. COVER REQUIREMENTS
Six inches daily cover
Two foot final cover
One foot intermediate cover
4. DRAINAGE CONTROLLED
On -site erosion
Off -site siltation
Erosion control devices
Seeding of completed areas
Temporary seeding
S. WATER PROTECTION
Off -site leaching
Waste placed in water
Surface water impounded
Monitoring wells installed
REMARKS:
DATE
7. BURNING
Evidence of burning
Fire control equipment available
8. SPECIAL WASTES
Spoiled food, animal carcasses,
abattoir waste, hatchery waste,
etc., covered immediately
9. UNAUTHORIZED WASTES ACCEPTED WITHOUT
WRITTEN PERMISSION
Type
10. VECTOR CONTROL
Effective control measures
11. MISCELLANEOUS
Blowing material controlled
Proper signs posted
NAME
Solid & Hazardous Waste Management Branch
DHS FORM 1709 (7/82)
Solid & Hazardous Waste Management Branch

OFFICE OF COUNTY MANAGER:
JACK H. HARMON
County Manager
BUDDY MILLS
Administrative Assistant
McDOWELL COUNTY
P. O. BOX 1450 • MARION, NORTH CAROLINA 28752 • PHONE [phone]
May 16, 1983
Mr. Robert M. Apple
Waste Management Specialist
N. C. Division of Health Services
Western Regional Office
Building # 3
Black Mountain, NC 28711
Ref: Your letter of 3-13-83
McDowell County Landfill
Dear Mr. Apple:
We want to again assure you of our total cooperation in working toward
bringing the McDowell County Landfill into compliance with all State rules and
regulations governing it's operation.
As you already know, from your visits, we have just about overhauled every
piece of heavy equipment we have on the landfill in recent months, and this
coupled with the unusual amount of rain since the first of the year, a limited
staff, and very limited funds has hampered our efforts somewhat.
As.you know, we recently completed the seeding of a large portion of the
landfill. This was done for us by the North Carolina Department of Transportation.
We chose them because in our experience D.Q.T. could grow grass or cover where no
one else could. 4Je have not yet received a bill for the seeding but it is esti-
mated to cost approximately $ 3,500. We have spent about $ 30,000 putting our
equipment into good mechanical condition.
Repair on the sediment ponds is progressing as you have observed. Once this
work has been completed, we will be happy to have your comments or those of Mr.
Richard Phillips concerning how they might be improved. The work being done on the
ponds is based on recommendations we have received from Mr. Phillips, yourself and
the local soil conservation office. Paul Edwards at our landfill mentioned that
you had some question about the location of the dam on the lower pond. The location
is based on our conversation and discussion with Mr. Phillips at an on site inspection
several months ago. At that time we were told to remove the old material in the
dam, replace it with material more suitable for compaction, and to lower the heighth
of the riser pipe and make the top of the dam approximately 8' across the top.
This is basically what we have done.

OFFICE OF COUNTY MANAGER:
JACK H. HARMON
County Manager
BUDDY MILLS
Administrative Assistant
McDOWELL COUNTY
P. O. BOX 1450 • MARION. NORTH CAROLINA 28752 • PHONE [phone]
II.
The sizing of the riser pipes and drainage pipes was discussed several
months ago, either with Mr. Phillips or with the local soil conservation office,
I do not remember which, but were purchased based on the recommendations we
received.
As you know, our basin size is limited because of the landfill itself. We
have however observed these ponds during heavy rainfalls during the past several
months and it appears that there should be no problem with them holding even
more water than we received at anytime during this period. At one time, when we
did not have the spillway in, we experienced some problem which Mr. Phillips
observed on one of his visits.
We have installed additional riprap in the lateral trenches above the
basins, not yet enough, but will continue to work on this.
I have spoken to our landfill personnel about the necessity of keeping the
solid waste restricted to the smallest possible area and have observed that they
are doing better in this area. Also, about the problem of windblown material,
and in regard to better covering of the solid waste.
I have already spoken to County Commissioners about the need for additional
personnel at the landfill in order for us to more fully comply with State rules
and regulations.
Anytime you are in the area I would appreciate it if you would stop at the
landfill and offer any suggestions you might have to Mr. Paul Edwards our chief
operator, and to myself.
y ly,
ack H. Harmon
County Manager

Weather Conditions N.C. DEPARTMENT OF HUMAN RESOURCES Permit Number
DIVISION OF HEALTH SERVICES
INSPECTION FORM FOR SANITARY LANDFILLS
Name of Site County/
Location Signature of Person(s) Receiving Report
SIR: An inspection of your land disposal site has been made this date and you are
notified of the violations, if any, marked below with a cross (X).
1. PLAN REQUIREMENTS 6. ACCESS
Site plan approved Attendant on duty
Construction plans approved Access controls
Plans being followed All weather road
2. SPREADING & COMPACTING Dust controlled
Waste restricted to the 7. BURNING
smallest area practicable Evidence of burning
Waste properly compacted
Fire control equipment available
3. COVER REQUIREMENTS 8. SPECIAL WASTES
Six inches daily cover Spoiled food, animal carcasses,
Two foot final cover abattoir waste, hatchery waste,
One foot intermediate cover
etc., covered immediately
4. DRAINAGE CONTROLLED
On -site erosion
Off -site siltation
Erosion control devices
Seeding of completed areas
Temporary seeding
5. WATER PROTECTION
Off -site leaching
Waste placed in water
Surface water impounded
Monitoring wells installed
REMARKS:
DATE
9. UNAUTHORIZED WASTES ACCEPTED WITHOUT
WRITTEN PERMISSION
Type
10. VECTOR CONTROL
Effective control measures
11. MISCELLANEOUS
Blowing material controlled
Proper signs posted
NAME
Solid & Hazardous Waste Management Branch
DHS FORM 1709 (7/82)
Solid & Hazardous Waste Management Branch

DIVISION OF HEALTH SERVIC_j
WESTERN REGIONAL OFFICE
Building 3
Black Mountain, N.C. 28711
[phone]
JUN 10 1983
Mr. 0. W. Strickland, Head
Solid $ Hazardous Waste Mgt. Branch
P. 0. Box 2091
Raleigh, NC 27602
Dear Mr. Strickland:
Ronald H. Levine, M.D., M.P.H.
STATE HEALTH DIRECTOR
May 31, 1983
As required by Branch policy, this letter is written regarding the
compliance of the McDowell County landfill on NC 226 east of Marion.
This site was inspected on March 30, 1983 and May 10, 1983 and found to
be in violation of the following operational requirements for sanitary
landfills on these two consecutive inspections:
0505 OPERATIONAL REQUIPaT-NTS FOR SANITARY LANDFILLS
(3) Solid waste shall be restricted to the smallest area
feasible and compacted as densely as practical into cells,
(4) Solid waste shall be covered after each day of operation,
with a compacted layer of at least six inches of suitable cover or
as specified by the Division,
(8) Adequate erosion control measures shall be practiced to
prevent silt from leaving the site,
(19) At the conclusion of each day of operation, all windblown
material resulting from the operation shall be collected and returned
to the area by the owner or operator.
A compliance date of May 31, 1983 was established and the site was
reinspected on that date. The site continues to operate in violation of
the following operational requirements:
.0505 OPERATIONAL REQUIRh%jENrS FOR SANITARY LANDFILLS
(8) Adequate erosion control measures shall be practiced to
prevent silt from leaving the site.
(19) At the conclusion of each day of operation, all windblown
material resulting from the operation shall be collected and returned
to the area by the owner or operator.
STATE OF NORTH CAROIINA James B Hunt, Jr / Sarah T Morrow, M D, M PH
n[oeor n.[nir n[ ...•.n ni 0111, lo r ra

mr. 0. W. Strickland Page 2
May 31, 1983
Enclosed please find a copy of the May 31, 1983 inspection of
the McDowell landfill.
Sii�cere�y, � n
�obert 'M: e
Waste Mgt. Specialist
RNL A/dgh
cc: W. Richard Phillips
Mr. Jack Harmon
Enclosure

North Carolina Department of Natural
Resources &Community Development
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary
DIVISION OF LAND RESOURCES - LAND QUALITY SECTION
June 3, 1983
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jack H. Harmon
McDowell County Manager
Post Office Box 1450
Marion, North Carolina 287S2
Re: McDowell County Landfill
Dear Mr. Harmon:
Cn May 31, 1983, Bill Allen and I accompanied Mr. Bob Apple, Department
of Human Resources, Environmental Health Section, on his inspection of the
McDowell County Landfill to determine if it was in compliance with DHR
Landfill Regulations and the North Carolina Sedimentation Pollution Control
Act of 1973.
Although quite a bit of work had been done on the site, it was quite
evident that no engineering design or supervision was involved. The
following problems were noted during the inspection:
The upper sediment basin has been reconstructed but will
not function properly. The toe of the riser pipe (which
consists of two 55 gallon drums which have been altered)
is higher than the top of the dike. The emergency spill-
way bottom elevation also appeared to be the same elevation
or higher than much of the dike crest. The fill material
which was added to the top of the dike was not compacted
properly and the back slope of the dike is still steep
and eroded.
2. The lower sediment basin dike has been raised with
improperly compacted material and an emergency spillway
constructed which appears to be higher than a portion of
the right abutment. The spillway riser is still inadequate
` and appears to be clogged.
Asheville Regional Office Interchange Building, 159 Woodfin Street, P.O. Box 370, Asheville, N. C. 28802-0370 Telephone [phone]

Mr. Jack H. Hannon
June 3, 1983
Page two
3. Ditches and diversions above each basin have not been stabi-
lized and are eroding severely.
4. Although some seeding has been accomplished, further establish-
ment of a vegetative cover is required on nuch of the site.
As I advised you in a letter dated March 24, 1983, enforcement proce-
dures regarding landfills had been altered by an agreement between the
Departnent of Human Resources and the Land Quality Section which provided
for DHR to first seek compliance through their personnel on all matters
regarding landfill operations. Mr. Bob Apple attempted to gain McDowell
County's corrpliance with applicable regulations in accordance with this
agreement, but, as revealed by our inspection of May 31, 1983, he has been
unable to do so.
In accordance with out agreement with DHR, I mast now issue the
following Notice of Violations of the North Carolina Sedimentation Pollution
Control Act of 1973.
On May 31, 1983, personnel of this office inspected the McDowell County
Landfill. This inspection was performed under the authority of Title 1S,
North Carolina Administrative Code (hereinafter abbreviated 15 NCAC)
4B.0020(a). The inspection revealed that a land -disturbing activity with
an area of approximately 20 acres is being conducted on the site. This
activity is in violation of the Sedimentation Pollution Control Act of
1973, which is found in North Carolina General Statutes (hereinafter
abbreviated NCGS) 113A-50 to 66, as amended, as implemented by 15 NCAC,
Chapter 4, Sedimentation Control, Subchapters 4 A to C, as amended.
The violations that were disclosed and the steps necessary to correct
them are as follows:
1. Failure to take all reasonable measures to protect all public
and private property from damage by such land -disturbing
activities. 15 NCAC 4B.0005(b). Offsite damage due to
sedimentation is occurring downstream of the site. To correct
this violation, engineering plans for erosion control measures
must be prepared and then implemented on the site in a manner
sufficient to control erosion and sedimentation. These plans
must include hydrologic and hydraulic calculations for the
sediment basins and other water control structures. The plans
for basin construction must be adequate in regard to
structural integrity and construction practice. All design
plans must be implemented under engineering supervision to
assure that proper location, elevations and construction
techniques are used.

Mr. Jack H. Harmon
June 3, 1983
Page three
2. Failure to maintain on graded slopes and fills an angle
which can be retained by vegetative cover or other adequate
erosion control devices or structures and/or failure,
within 30 working days of completion of any phase of
grading, to plant or otherwise provide exposed graded
slopes with ground cover, devices, or structures sufficient
to restrain erosion. 15 NCAC 4B.0007(2). Many areas on
the site still do not have a sufficient ground cover. To
correct this violation, all inactive areas must be stabilized
with a ground cover.
3. Failure to satisfactorily maintain all temporary and permanent
erosion and sedimentation control measures and facilities
during the development of a site. 15 NCAC 4B.0013. Erosion
control measures on the site have not been adequately designed,
constructed or maintained. To correct this violation, the
plan required in item #1 must be properly implemented.
Note that planting grass seed does not satisfy the requirements of
"vegetative cover" or of "ground cover sufficient to restrain erosion."
These requirements are not satisfied until a standing cover of grass or
other ground cover is established which is in fact sufficient to restrain
accelerated or man-made erosion. Until such ground cover is established,
the requirements of the Act will not be satisfied.
If you feel that the County is not responsible for the above -cited
violations, take this opportunity to deny responsibility now. If you
fail to respond to this Notice and/or the violations are not corrected,
this matter will be referred to the Director, Division of Land Resources,
Department of Natural Resources and Community Development.
If this site is not brought into cone liance by June 10, 1983, the
Director, Division of Land Resources may assess a civil penalty against
McDowell County under NCGS 113A-64. If a civil penalty is assessed,
the amount may be up to $100.00 for each day of the violation, and the
penalty may be assessed from the date of your receipt of this Notice of
Violations if the violations are not corrected. 15 NCAC 4C.0007. An
enforcement action may also result in the issuance of an injunction or
the imposition of a criminal penalty.
The responsibility rests with you for notifying me if you attempt to
comply with the Act.

Mr. Jack H. Harmon
Juie 3, 1983
Page four
If you have any questions concerning this matter, do not hesitate to
contact either Bill Allen or me. Copies of the relevant statute and
administrative regulations may be examined at this office or will be
sent to you upon request. Personnel at this office can advise you on how
to comply with the requirements of the Act.
Sincerely,
A.
Richard A. Phillips, P.E.
Regional Engineer
RAP:
cc:�1Mr. 0. W. Strickland, DHR
Mr. Bob Apple, DHR
Mr. Charles Gardner, P.E., LQS
Mr. Taylor Currin, P.E., LQS

DIVISION OF
LAND RESOURCES
North Carolina Department of Natural Stephen G. Conrad, Director
Resources &Community Development
0
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone [phone]f
June 8, 1983
JUN 13
Mr. Jack Harmon
McDowell County Manager
P.O. Box 1450
Marion, North Carolina 28752
Dear Mr. Harmon:
This letter is to confirm our telephone discussion of June 7. As indicated,
we have discussed the Notice of Violation dated June 3, 1983 concerning the
McDowell County landfill with the Department's Deputy Secretary and Assistant
Secretary for Natural Resources and they are in agreement with the following
conditions pertaining to the landfill sediment control problems.
We will extend the deadline for bringing the landfill into compliance with the
Sedimentation Pollution Control Act until July 15, 1983. The work required
is spelled out in the June 3, 1983 Notice of Violation.
In addition to interim inspections, our Asheville Regional Office will make
an inspectiononor about July 15, 1983 to determine compliance with the State
law. If it is found that the site is still in noncompliance then the Depart-
ment may assess a civil penalty of up to $100 per day against the County
dating back to the date of receipt of June 3, 1983 Notice of Violation. The
Department may also take other appropriate legal action such as obtaining a
court order requiring compliance.
We believe that through a cooperative approach this situation can be resolved.
If our staff can be of assistance to the County, please do not hesitate to
contact us.
Very truly yours,
cl��O^
CharlGardner, CPG.��
Chief, Land Quality Section
cc: Mr. Steve Conrad, Director
Mr. James Summers, Deputy Secretary
Dr. Jay Langfelder, Assistant Secretary
Mr. Ed Israel, Asheville Regional Office
Mr. Richard Phillips, Asheville Regional Engineer
Mr. Taylor Currin, Sedimentation Specialist
Mr. David Heeter, Legal Affairs
Mr. Walt Smith, Attorney Generals Office
t,,�r. O.W. Strickland, Department of Human Resources
Geological Survey-733-2423; Geodetic Survey-733-3836; Land Quality-733-4574; Earth Resources Planning-733-3833;
Land Resources Information Service— 733-2090 Box 27687 Raleigh NC 27611-7687
An Equal opportunity Affirmative Action Employer

`v United States
Department of
Agriculture
Soil
Conservation
Service
June 21, 1983
Rm 134
County Administration Building
Marion, N.C. 28752
Telephone [phone]
Mr. Jack Harmon
County Manager
County Administration Building
Marion, North Carolina 28752
Dear Mr. Harmon:
On our recent visits June 9 and June 20, it is very apparent that you
have made good progress in reducing the erosion and sedimentation problems
at the McDowell County Landfill. Much work has been done grading and smooth-
ing gullied areas and placing rock rip -rap in drainageways.
During our visit at the site on June 9, 1983, the following erosion con-
trol measures were discussed. It should be noted that the May 1979 sediment
control plan is still relevant with the addition of forthcoming sediment basin
design. This design will be provided as soon as possible. Our survey work
was completed June 20.
As was discussed on June 9, all erosion control measures are temporary
because land disturbance will continue to take place. Soils are highly erosive
and it has been recommended that all drainageways be lined with rock rip -rap.
Since the placement of rock rip -rap was over half complete on June 9, SCS de-
signs for rip -rap will not be followed. However, as a minimum, drainageways
should be dozer blade wide with a flat bottoms where possible. They should
be over excavated and then back filled with 4-6" ABC stone (sand and gravel).
The rip -rap should then be placed on top of the sand gravel filter. Depths
in channels need to be as deep as topography will allow. When completed, areas
parallel to rip -rap need to be established to permanent vegetation. It should
be left so that runoff water can find its way into the channels. It is very
important that rip -rapped channels be left with a defined drainageway that is
protected with rip -rap.
All existing vegetated areas need to be maintained by fertilizing annually
with 500 lbs of 10-10-10 per acre. Also, denuded areas need to be established
as provided in erosion control plan. Seeding rates and dates are provided with
the sediment control plan. On steep areas, small grain straw should be applied
at 2 tons per acre. Also the attached sheet NC-ES-1 describes how to treat
these areas. In actively used areas, it would seem only necessary to control
runoff with diversions and grass strips around this area. The diversions or
terraces could be temporary and be used to divert runoff water to a grassed and
non -eroded area or to rip -rapped drainageways.
® The Soil Conservation Service SCS-AS-1
Vis an agency of the 1e-79
Department of Agriculture

Page 2 of 2
Because of restricted area where sediment basins are located, it will be
difficult to construct sediment control basins and meet SCS design require-
ments. However, as requested by your letter dated June 6, 1983, I irtll be-
gin the design for the basins as soon as possible.
It appears that recently seeded vegetation is doing well. By maintain-
ing this with fertilizer, seeding and mulching denuded areas and constructing
the rip -rap channels, the erosion problem can be reduced and has been through
efforts recently at the landfill. Plans and specifications for sediment basins
will be provided as soon as possible.
Sincerely,
Larry L.Hendrix
District Conservationist
LLH/bh
Attachments

e
OFFICE OF COUNTY MANAGER:
JACK H. HARMON
County Manager
BUDDY MILLS
Administrative Anustan.
.yyY•v .:0 IM
:LAND QUALITY SECTION
1RACr0%0WELL T ■
P. O. BOX 1450 a MARION, NORTH CAROLINA 28752 • PHONE [phone]
June 23, 1983
Mr. Charles H. Gardner, CPG, PE
Chief, Land quality Section
N.C. Dept. Natural Resources & Community Development
P. 0. Box 27687
Raleigh, N.C. 27611-7687
Dear Mr. Gardner:
The McDowell County Board of Commissioners and I appreciate the extension
of time granted us to bring the McDowell County landfill into compliance with
the Sedimentation Pollution Control Act.
As you recommended, we sought the assistance of the Soil Conservation
Service and they agreed to assist us. A copy of a letter dated June 21, from
Larry Hendrix, District Conservationist is attached which will indicate the
progress we are making in solving the erosion and sediment problems.
D.O.T. has agreed to handle the hydro —seeding of the area and are scheduled
to begin within the next few days. We have a large amount of straw mulch on
hand to use on the areas where needed.
We assure you of our cooperation to the fullest to resolve our problem.
JHH/cp
cc: Board of Commissioners
Attachment
Uery truly,
�.
ack H. Harmon
County Manager
E C " L'4 n % — /) 14 rL
0
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C(�e/Gi

Weather Conditions N.C. DEPARTMENT OF HUMAN RESOURCES Permit Number
DIVISION OF HEALTH SERVICES
INSPECTION FORM FOR SANITARY LANDFILLS
Name of Site County
Location Signature of Person(s) Receiving Report
SIR: An inspection of your land disposal site has been made this date and you are
notified of the violations, if any, marked below with a cross (X).
1. PLAN REQUIREMENTS 6. ACCESS
Site plan approved Attendant on duty
Construction plans approved Access controls
Plans being followed All weather road
2. SPREADING & COMPACTING Dust controlled
Waste restricted to the
smallest area practicable
Waste properly compacted
3. COVER REQUIREMENTS
Six inches daily cover
Two foot final cover
One foot intermediate cover
4. DRAINAGE CONTROLLED
On -site erosion
Off -site siltation
Erosion control devices
Seeding of completed areas
Temporary seeding
5. WATER PROTECTION
Off -site leaching
Waste placed in water
Surface water impounded
Monitoring wells installed
REMARKS:
DATE
7. BURNING
Evidence of burning
Fire control equipment available
8. SPECIAL WASTES
Spoiled food, animal carcasses,
abattoir waste, hatchery waste,
etc., covered immediately
9. UNAUTHORIZED WASTES ACCEPTED WITHOUT
WRITTEN PERMISSION
Type
10. VECTOR CONTROL
Effective control measures
11. MISCELLANEOUS
Blowing material controlled
Proper signs posted
NAME
Solid & Hazardous Waste Management Branch
DHS FORM 1709 (7/82)
Solid & Hazardous Waste Management Branch

OFFIC— OF COUNTY MANAGER:
JACK H. HARMON
County Manager
BUDDY MILLS -
Administrative Assistant
McDOWELL COUNTY
P. O. BOX 1450 • ti1ARION. NORTH CAROLINA 28752 • PHONE [phone]
July 25, 1983
Mr. Larry Hendrix, District Conservationist C (0 r1p
McDowell County Administration Bldg.
Marion, N.C. 28752
Res McDowell County Landfill.
Dear Larry:
I received a call from (fir. Taylor with the N.C. Land Quality Division
this morning concerning the drawings or plans an the sediment control for
the landfill.
I explained to Mr. Taylor that you had Worked very closely with us in
bringing our sediment and erosion problems under control but due to your
work load had not been able to complete the formal plans or drawings. As
you know I showed your a copy of the report on our landfill made by Mr.
Robert Apple, Waste management Specialist with the Division of Health
Services made on July 14 indicating compliance in all areas.
On Mr. Apple's July 14 inspection I spoke with him about the additional
work we were planning at the landfill. Mr. Apple at that time indicated that
he would be in touch with you and further indicated that he did not want to
have the county spend funds unnecessarily. I specifically mentioned the
spillway across the road that you and I had discussed.
As you know, we have spent a great deal of money at the landfill,
purchasing and placing more than 600 tons of granite rid, Lap, aseding of
a large portion of the landfill, placing more than 600 bales of straw mulch,
and untold hours of overtime for employees in addition to additional temporary
personnel.
You have indicated as has Mr. Apple that we have eliminated the sediment
and erosion problems at the landfill and Mr. Apple has indicated that he would
not want us to spend additional funds unless necessary. I don't know if he
has had the opportunity to speak with you or not. Mr. Taylor of the Land
Quality Division indicated that he had attempted to reach you but had nbt.been
able to do so.
We sought the assistance of your office on the recommendation of Mr.
Gardner, Chief of the Land Quality Division and as you know we have made every
affort to implement any recommendations made by your office.

OFFICE OF COUNTY MANAGER:
JACK H. HARMON
County Manager
BUDDY MILLS
Administrative Assistant
McDOWELL COUNTY
P. O. BOX 1450 • NIARION, NORTH CAROLINA 28752 • PHONE [phone]
II.
Sometime ago we were told by the Regional Land Quality Office in Asheville
that Mr. Robert Apple, Waste Management Specialist would have the responsibility
for determining if our landfill was in compliance. On his July 14 visit Mr.
Apple expressed to me "that he did not believe what he was seeing" referring
to the amount of work we had done.
As you know, I have personally spend a great deal of time at the landfill
over the past two months, visiting the site as many as three times in a day.
I would like very much to finally resolve the matter and would appreciate
it very much if you could complete the drawings at your earliest possible
convenience. I would hope to have Mr. Apple, Mr. Phillips or Mr. Taylor to
review this to determine if they feel that additional work should be done.
Very truly,
(41
H"Harmo;;rack
ounty Manager
JHH/cp
cc: Mr. Charles H. Gardner
Chief, Land Quality Section
Mr. Robert Apple
Waste Management Specialist

OFFICE OF COIJNTY MANAGER:
JACK H. HARMON
County Manager
BUDDY MILLS
Administrative Assistant
McDOWELL COUNTY
P. O. BOX 1450 • MARION. NORTH CAROLINA 28752 • PHONE [phone]
July 26, 1983
Mr. Richard A. Phillips, P.E.
Regional Engineer
N. C. Dept. of Natural Resources & Comm. Dev.
Land Quality Section
Post Office Box 370
Asheville, North Carolina 28802-0370
Dear Mr. Phillips:
Thank you for your letter of July 25, received by my office on the above
date.
It is our desire to complete whatever work at the McDowell County Landfill
which is required of us. I spoke with Larry Hendrix of the local Soil Conser-
vation office yesterday in regard to plans on the basins. The plans received
by Mr. Hendrix from the Area Engineer's office were not complete and Mr. Hendrix
has assured me that he will complete these as soon as possible.
During the past several weeks we have worked closely with Mr. Hendrix,
implementing his recommendations. More than 600 tons of granite rip rap has
been placed in trenches, spillways and waterways, many acres have been seeded
or reseeded using more than 600 bales of straw mulch as required, the elevations
on the dikes were raised, compacted and sloped according to recommendations from
Mr. Hendrix, other areas of the landfill were graded and sloped prior to seeding.
Our employees were placed on overtime and additional temporary personnel was
used.
We are aware from discussions with Mr. Robert Apple that these ponds need
to be dipped out or deepened. Mr. Hendrix has indicated that the plans which
he will provide will show just how deep these ponds need to be and advised us
to wait until he had completed them before employing a contractor with a drag
pan to dredge the ponds. I assure you that this will be done.
Although:Mr. Hendrix has indicated that he will begin work to complete this
information at once, I have no idea when this information will be available to
us. I assume that he can complete the work in a few days. As far as we know,
there are only two contractors in the county who have the type of equipment we
will need to accomplish the work. Some time may be required to get one of these
on our site. We will work just as rapidly as Humanly possible.
truly,
01
Jack H. Harmon
County Manager

Weather Conditions N.C. DEPARTMENT OF HUMAN RESOURCES Permit Number
DIVISION OF HEALTH SERVICES
INSPECTION FORM FOR SANITARY LANDFILLS
Name of Site County
Location Signature of Person(s) Receiving Report
SIR: An inspection of your land disposal site has been made this date and you are
notified of the violations, if any, marked below with a cross (X).
1. PLAN REQUIREMENTS 6. ACCESS
Site plan approved Attendant on duty
Construction plans approved Access controls
Plans being followed All weather road
2. SPREADING & COMPACTING
Waste restricted to the
smallest area practicable
Waste properly compacted
3. COVER REQUIREMENTS
Six inches daily cover
Two foot final cover
One foot intermediate cover
4. DRAINAGE CONTROLLED
On -site erosion
Off -site siltation
Erosion control devices
Dust controlled
7. BURNING
Evidence of burning
Fire control equipment available
8. SPECIAL WASTES
Spoiled food, animal carcasses,
abattoir waste, hatchery waste,
etc., covered immediately
9. UNAUTHORIZED WASTES ACCEPTED WITHOUT
WRITTEN PERMISSION
Type
Seeding of completed areas
Temporary seeding 10. VECTOR CONTROL
Effective control measures
5. WATER PROTECTION
Off -site leaching 11. MISCELLANEOUS
Waste placed in water Blowing material controlled
Surface water impounded :�",; Proper signs posted
Monitoring wells installed
�r
REMARKS:
DATE NAME
Solid & Hazardous Waste Manag ment/Braich
DHS FORM 1709 (7/82)
Solid & Hazardous Waste Management Branch