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Charles Abernathy
McDowell County Manager
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Marion, NC 28752
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?014 0510 0000-4466 1353 --g
Domestic Return Receipt

FI-5-YVA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
October 7, 2014
CERTIFIED MAIL 7014 0510 0000 4466 1353
RETURN RECEIPT REQUESTED
Charles Abernathy
McDowell County Manager
60 East Court St.
Marion, NC 28752
SUBJECT: Notice of Violation
Compliance Inspection Report
McDowell County Closed MSW Landfill 56-01
2849 NC Hwy 226 South
Marion, McDowell County
Dear Mr. Abernathy,
On September 22, 2014, Bill Wagner and Jaclynne Drummond, 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 Statues and Rules. During this
inspection, the following items were noted:
1. 15A NCAC 13B .0510(c) requires that "when a solid waste disposal site has been closed in
accordance with the requirements of the Division, future necessary maintenance and
water quality monitoring shall be the responsibility of the owner and the operator and
shall be specified in the closure letter."
The December 13, 1995 letter, titled "Closure of the McDowell County Landfill, Permit
#56-01" states in part that "The integrity and effectiveness of the final cover system and
any permanent erosion control devices be maintained. This could include making repairs
to the cover as necessary to correct the effects of settlement, erosion or other events."
By allowing trees and woody vegetation to become established on the closed landfill
McDowell County failed to maintain the integrity and effectiveness of the final cover
system requirements in accordance with the December 13, 1995 letter, titled "Closure of
the McDowell County Landfill, Permit #56-01".
Asheville Regional Office
2090 US Hwy 70, Swannanoa, North Carolina 28778
An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper

McDowell Co. Closed MSW Landfill 56-01
Notice of Violation Letter
Page 2"of 3
October 2, 2014
In addition to the violation noted above, be advised violations from the March 5, 2014 inspection
of the facility related to 15A NCAC .0503(2)(a) and 15A NCAC 13B .0505(l)(b) remain unresolved.
Based upon the foregoing, McDowell County shall come into compliance with all requirements of
the regulations in 15A NCAC .0503(2)(a), 15A NCAC 13B .0505(l)(b) and 15A NCAC 13B .0510(c)
by completing the following:
"Corrective Actions"
A. In order to come into compliance with the requirements in 15A NCAC .0503(2)(a), McDowell
County must submit a phased plan for the monitoring of landfill gas in landfill structures and at
the facility boundaries in accordance with the requirements in the December 13, 1995 closure
letter [and in accordance with 15A NCAC 13113.0503(42)(afl.
B. In order to come into compliance with the requirements in 15A NCAC .0505(l)(b), McDowell
County must prepare and submit routine reports for groundwater monitoring to the Section .
Requested information for A & B above should be submitted to:
Jaclynne Drummond - Compliance Hydrogeologist
Division of Waste Management — Solid Waste Section
1601 Mail Service Center
Raleigh, NC 27699-1601
C. In order to come into compliance with the requirements in 15A NCAC 13B .0510(c) McDowell
must submit a phased plan for maintenance of the final cover of the closed landfill in accordance
with the requirements in ISA NCAC 13B .0503(2)(c). (This plan must include, at a minimum, a
phased plan for the removal of all trees and woody vegetation from the landfill and repairs to the
landfill cap as necessary.) This plan must be submitted, for review and approval to:
Bill Wagner,
Asheville Regional Office,
2090 US Highway 70,
Swannanoa, North Carolina, 28778-8211
Once the "landfill gas monitoring plan" and the "maintenance plan" for the landfill cap are
approved, McDowell County shall provide a written certification with supporting documentation
on county letterhead confirming the noted compliance schedules have been completed. Include
in this certification any actions taken to prevent these deficiencies from occurring in the future.
Mail this certification to:
The item(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

McDowell Co. Closed MSW Landfill 56-01
Notice of Violation Letter
Page 3 of 3
October 2, 2014
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
follow-up inspection(s) to verify that the facility has completed the requirements of this Notice of
Violation.
If you have any questions, please contact me at [phone] or by e-mail at
[e-mail].
Sincerely,
4 'ezt
Bill Wagner
Environmental Senior Specialist
Solid Waste Section
Enc. Letter of December 13, 1995: "Closure of the McDowell County Landfill, Permit #56-01"
"NCDENR — DWM Solid Waste Section: Landfill Gas Monitoring Guidance"', November 2010
ec: Jason Watkins, District Supervisor —Solid Waste Section
Sarah Rice, Compliance Officer —Solid Waste Section
Jaclynne Drummond, Compliance Hydrogeologist — Solid Waste Section
Mike Gladden, Public Works Director — McDowell County ([e-mail])

revised 101712014 7.23:00 AM
FACILITY COMPLIANCE AUDIT REPORT
NCDENR
NoRT" CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Division of Waste Manageme-4
Solid Waste Section
UMT TYPE: (f
Lined
LCID
YW
Transfer
Compost
SLAS
COUNTY: McDowell
MSWLF
PERMIT NO.:
Closed
HHW
White
Incin
T&P
FIRM
SWLF
goods
FILE TYPE: COMPLIANCE
CDLF
Tire T&P
Tire
Industrial
DEMO
SDTF
Collection
Monofill
Landfill
Date of Audit: 9/22/14
FACILITY NAME AND ADDRESS:
McDowell MSW — Closed October 7,1994
2849 NC Hwy 226 S.
Marion, NC 28752
Date of Last Audit: 3/05/14
GPS COORDINATES: N: 35.65758 E:-81.95465
FACILITY CONTACT NAME AND PHONE NUMBER:
Mike Gladden — Public Works Director (828) 659-25211
FACILITY CONTACT ADDRESS:
Charles Abernathy — McDowell County Manager
60 East Court St.
Marion, NC 28752
[phone]
AUDIT PARTICIPANTS:
Bill Wagner, Environmental Sr. Specialist — Solid Waste Section
Jaclynne Drummond, Compliance Hydrogeologist — Solid Waste Section
STATUS OF PERMIT:
Site closed in accordance with 15A NCAC 13B .05 10
Waste Last Received 4/08/94
Original Permit to Operate Issued 10/02/90
PURPOSE OF AUDIT:
Comprehensive Audit.
NOTICE OF VIOLATIONS):
15A NCAC 13B .0510(c) requires that "when a solid waste disposal site has been closed in accordance with the
requirements ofthe Division, future necessary maintenance and water quality monitoring shall be the responsibility ofthe
owner and the operator and shall be specified in the closure letter."
a) The December 13,1995 letter, titled "Closure ofthe McDowell County Landfill, Permit #56-01 "states in part
that "The integrity and effectiveness ofthefinal cover system and anypermanent erosion control devices be
maintained. This could include making repairs to the cover as necessary to correct the effects ofsettlement,
erosion or other events."

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 7
M601'e'ilounty has failed to maintain the final cover system in accordance with the December 13, 1995 letter,
%0� ' ' I
tilled "Closure of the McDowell County Landfill, Permit #56-01". Specifically, trees and woody vegetation have
become established on both the Discrete Category I and the Discrete Category II, closed landfill units. The root
systems of this vegetation can compromise the integrity of the cap systems which can lead to increased erosion of
the cap as wells as increased surface water infiltration.
It is recommended that McDowell County develop and implement a written maintenance plan
for the landfill. At a minimum this plan should include a schedule for routine inspections and
implementation of the followin actions:
• Ensure that vegetation on the cap is mowed sufficiently to allow for inspection of the cap;
• Ensure that trees and woody vegetation are prevented from becoming established on the
cap;
• Ensure that any surface erosion is repaired and re -seeded as necessary;
• Ensure that erosion is controlled and repaired to so that no silt or sediment leaves the site;
• Ensure that any leachate seeps in the cap are repaired;
• Ensure that any areas of bare soil are reseeded to establish a vegetative cover;
• Ensure that any areas of subsidence of the cap are repaired, re -sloped and reseeded as
necessary to ensure the controlled shedding of surface water from the cap;
• Ensure that "edge -of -waste" markers are maintained in good repair;
• Ensure that property line markers are installed and maintained in good repair; and
• Ensure that the groundwater monitoring wells are maintained in good repair.
The item(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.
STATUS OF PAST NOTED VIOLATIONS:
I . 15A NCAC.0503(2)(a) and 15A NCAC 13B.0505(l)(b): The facility was issued allotice of Violation on March 12,
2014 based on a March 5, 2014 inspection that revealed that the fitcility had not been monitoring for groundwater and
landfill gas as required in the .0503(2)(a) and.0505(l)(b). As of the September 22 inspection, it has been determined
that regular groundwater monitoring is occurring although there remain problems with the wells themselves and the
reporting to the Section. There is no evidence that the facility has commenced landfill gas monitoring as required by
law. Therefore these violations remain unresolved.
SITE HISTORY and BACKGROUND:
The closed McDowell County municipal solid waste (MSW) landfill consists of two separate areas: "Discrete
Category I Landfill" and "Discrete Category 11 Landfill". (Figure 1)
Category I landfills are MSW landfills that did not receive solid waste after 10/9/93, and were closed in
accordance with their Permit, the Conditions of their Permit, and 15A NCAC 13B .0510.
Category 11 landfills are MSW landfills that continued to receive solid waste after 10/9/91, but stopped receiving
waste before 10/9/93, and were closed in accordance with their Permit, the Conditions of their Permit, and 15A
NCAC 13B.05 10; and the cap system had to be installed within 6-months of the last receipt of wastes and meet
the criteria of set forth in 15A NCAC 13B .1 627(c)(1).

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 7
• On 4/08/94 the NCDEHNR approved McDowell County's request for a "Temporary Solid Waste Transfer
Facility".
• On 9/30/94 McDowell County's consultant (Jensen Engineering) requested approval for the "temporary
receiving and stockpiling for future C&D waste during the interim period between 10/9/94 and the eventual
approval of the C&D landfill site." (A records search failed to find any documentation showing that McDowell
County's request was either denied or approved by the NCDEHNR.)
• On 12/13/95 the NCDEHNR confirmed, in a "Closure Letter" titled "Closure ofthe McDowell County Landfill,
Permit # 56-01 ", to the McDowell County Manager (Charles Abernathy) that the McDowell County MSW
Landfill (Permit #56-01) had been closed in accordance with the applicable requirements.
• The "Closure Letter" detailed the specific "post closure conditions" requirements for the closed landfill.
• On 9/16/99 a Memorandum was written from Al Hetzell (Waste Management Specialist, Solid Waste Section) to
Phil Prete (Field Operations Supervisor - SWS) with the subject of "McDowell County C&D
Stockpile/Temporary Storage Area Closure — McDowell County, Non -Facility".
In the Memo it was stated that "After having reviewed the existing records and information in
regards to the area used by McDowell County to store their C&D waste, while a permit was in
process, Julian Foscue (Area Supervisor — SWS) and I after discussing the situation, feel we can
best handle this closure in thefield. The County is no longer using this site and wants to close it. A
new site proposedfor their C&D cannot be permitted so McDowell is currently separating and
shipping their C&D waste that can't be recycled. A closure date of April 1, 2000 has been
discussed with the Solid Waste Director who is in Agreement." (A records search failed to find any
other documentation relating to the temporary receiving and stockpiling of C&D waste by
McDowell County.)
• In a letter dated 10/31/07 the Solid Waste Section Regional Engineer (Larry Frost) approved a "Methane
Investigation at the McDowell County MSW Landfill (Permit #56-01). The purpose of the investigation was
"to execute an assessment of the methane potential at the former McDowell County Landfill. "
• On 10/20/07 McDowell County's consultant (Shield Engineering) requested that NCDER approve the
installation of three methane extraction wells at the McDowell County MSW Landfill. (Figure 2)
• On 12/06/07, the Permitting Branch Supervisor (Ed Mussler) of the Solid Waste Section (SWS) approved the
Shield Engineering's request to install three methane extraction wells on the "Discrete Category 11 Landfill".
(Figure 2)
• There are no records of the installation of the three proposed methane extraction wells on the "Discrete
Category 11 Landfill".
• Only one of the three proposed methane extraction wells, believed to be MDW-3, was observed during this
inspection. (Figure #2 and Photo # 13). It is believed that proposed methane extraction wells MDW- I and 2
were never installed. The odor of landfill gas was present in the area of MDW-3, suggesting that this well was
passively venting landfill gas.
• At some unknown time (believed to be in early 2009) the approved methane extraction project on the "Discrete
Category 11 Landfill" was abandoned.
• On 1/16/09 the SWS approved McDowell County's request to construct a Qualifying Firing Range adjacent to
the closed MSW landfill. (Figure 1)

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 4 of 7
Figure 1: McDowell Co. GIS Site Map — Approximate Location of Closed MSW Landfill 56-01
AREAS OF CONCERN AND COMMENTS:
1 . The "Discrete Category I" landfill was well maintained — mowed and free of surface erosion and subsidence.
However, as the limits of waste are not marked, it appears that the northeast quadrant of this landfill may be covered
with mature trees. (Photo #7) The waste boundaries must be determined and marked to confirm that the cap is
free of trees and woody vegetation to ensure that the integrity and effectiveness of the final cover system is not
compromised. (Seetheenclosed May 29, 2009 Memorandum "Permanent Edge -of- Waste Markers at Construction
and Demolition Debris Landtills, Industrial Solid Waste Landfills and Municipal Solid Waste Landfills")
2. Inspection of the four groundwater monitoring wells (Figure 1, and photos #8 through # 12) found multiple instances
where the wells failed to comply with the North Carolina Well Construction Standards (I 5A NCAC 2Q. These
possible violations have been referred to the Division of Water Resources' Asheville Regional Office (828-296-
4500).
3. Permanent waste boundary and property line markers must be installed at both the "Discrete Category I" landfill and
the "Discrete Category 1I " landfill. (See the attached May 29, 2009 Memo: Permanent Edge -of- Waste Markers at
Construction and Demolition Debris Landfills, Industrial Solid Waste Landfills and Municipal Solid Waste Landfills)
4. During the audit, four groundwater monitoring wel Is were located. (Figure 1, and Photos # 8 through # 12).

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 5 of 7
1. Looking (E) down the access road to the gun range
at multiple trees near the northeast edge of the
"Discrete Category H" landfill.
2. Multiple trees on the northeast segment of the
cap of the "Discrete Category H" landjzll.
L EGENC
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Figure 2: Proposed Location of Three Landfill Gas Recovery Wells on Discrete Category 11
Closed MSW Landfill (I - 11-08)

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 6 of 7
7. Looking NE across the "Discrete Category I"
landfill.
9. Ground water monitoring well MW-2 located
off the SE quadrant of "Discrete Category I"
11. Ground water monitoring well MW-4 (white PVC
casing) located north of the transfer station. (Note the
original steel out casing to the well in the background
that has broken off.)
8. "Flush mount" ground water monitoring well
(MW-1) without a cover. (Located in the
convenience.center collection area at the entrance. )
10. Ground water monitoring well MW-3. (Note the
well is does not have the required steel outer
casing.
12. Looking down the PVC outer casing to MW-4
located north of the transfer station at the cap to the well.
(Note that the well is not properly secured with a lock.)

FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
Page 7 of 7
13. Six inch diameter white PVC methane extraction
well (believed to be MDW-3) located near the center of
"Discrete Category 11 Landfill". Note that the well is
notcapped.
5. During the inspection, what appeared to be one of the three methane extraction wells that were approved for
installation by the SWS on 12/06/07 was located. These wells are not, and never have been put into use. (Photo
#13)
6. There was no evidence of any leachate breakouts or seeps on the landfill.
7. Groundwater sampling of four monitoring wells (MW-1 through MW-4) last conducted on 8/21/14 by Pace
Analytical.
• The analytical results of the samples collected from MW-2 showed multiple constituents in exceedance of the
groundwater (2L) standards.
• The analytical results of the samples collected from MW-3 showed constituents that are indicative of possible
landfill gas migration.
8. While access roads to the groundwater monitoring wells, the road to MW-4 is badly rutted and in need of grading.
Please contact me if you have any questions or concerns regarding this audit report.
4 Phone: [phone]
Bill Wagner: Region alvl Representative
Delivered on 10/07/14 by hand delivery T� US Mail X Certified No. 7014 0510 0000 4466 1353
enc: May 29, 2009 Memorandum "Permanent Edge -of- Waste Markers at Construction and Demolition Debris Landfills,
Industrial Solid Waste Landfills and Municipal Solid Waste Landfills"
ec: Jason Watkins, Field Operations Branch Supervisor — Solid Waste Section
Sarah Rice, Compliance Officer — Solid Waste Section
Jaclynne Drummond, Compliance Hydrogeologist — Solid Waste Section
Mike Gladden, McDowell County Public Works Director ([e-mail])

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itam 4 if Restricted Delivery is desired.
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or on the front if space permits.
1. Article Addressed to:
Charles Abernathv
A. Signat
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McDowell County Manager
60 East Court St. 3. servic-ety
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0 Registered [9 Return Receipt for Merchan . dise
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4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number 10 0000 4466 1360
7014 05 1
(7ransfer from service label)
PS Form 3811, July 2013 Domestic Return Receipt