N1061_NOV_20211104

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699

November 4, 2021

CERTIFIED MAIL 7018 3090 0001 2318 9363
RETURN RECEIPT REQUESTED

Mr. Claude Shew, Jr.
955 Dellaplane Road
Roaring River, North Carolina 28669

SUBJECT: Notice of Violation
Compliance Inspection Report
Shew Farms LCID
N1061
Wilkes County

Dear Mr. Shew:

On October 27, 2021, Charles Gerstell, Environmental Senior Specialist and Jason Watkins, Field
Operations Branch Head, 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 statutes and rules. The following violations were noted:

A. 15A North Carolina Administrative Code 13B .0564(6)(b) states: “(6) Buffer Requirements: A
site shall maintain the following buffer requirements: (b) 100 feet from the waste boundary to
property lines, residential dwellings, commercial or public buildings, and potable wells.

A review of Wilkes County GIS data indicates that waste has been placed within the 100-foot
buffer to the east property boundary. Phone conversations with Mr. Shew and Mr. Bart Mathis
on October 28, 2021 confirmed waste had been placed within the required 100-foot buffer to
the east property boundary. Therefore, Claude Shew, Jr. is in violation of 15A NCAC
13B .0564(6)(b).

B. 15A North Carolina Administrative Code 13B .0566(1) states: “The site shall only accept those
solid wastes that is permitted to receive.”

During the inspection, unacceptable wastes consisting of PVC pipe and creosote treated
timbers were observed on the south portion of the site near the bulldozer parked on site.
Construction and demolition waste (pained wood, treated lumber, electrical lights), rigid
plastics (plastic totes, plastic buckets, and hummingbird feeders), clothing, and a cardboard
box were observed near the north fill slope just to the west of the powerlines crossing over the
site. Multiple pieces of board insulation were observed on the eastern portion of the landfill
near the fill slope. A large pile of shingles with bags of household waste were observed beyond
the north facing fill slope on the eastern portion of the landfill area at an old access road
North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Claude Shew, Jr.
Shew Farms LCID
Notice of Violation
Page 2 of 3
November 4, 2021

leading to a corn field beyond the waste area. Multiple pieces of iron pipe were observed on
the far east side of the landfill area mixed within the wood waste. The aforementioned wastes
are unacceptable for disposal in a land clearing and inert debris landfill. Therefore, Claude
Shew, Jr. is in violation of 15A NCAC 13B .0566(1).

C. 15A North Carolina Administrative Code 13B .0566(3) states: “All waste shall be covered with
no less than six inches of soil monthly, or when the working face reaches one acre in size,
whichever occurs first. Any soils used for cover at the site shall meet unrestricted use
standards for soils as defined in G.S. 130A-130.65.”

During the inspection, the north facing fill slope had not been covered with soil. During a
telephone conversation on October 28, 2021, Mr. Bart Mathis, Owner of Mathis & Son Grading,
Inc. explained he was the primary operator of the facility. Mr. Mathis stated that soil had not
been placed on the landfill since at least Spring of 2021. As a result, Claude Shew, Jr. is in
violation of 15A North Carolina Administrative Code 13B .0566(3).

D. 15A North Carolina Administrative Code 13B .0566(14) states: “A sign shall be posted at the
site entrance showing the site contact's name and phone number, the permit number,
emergency contact information, and the waste types accepted for disposal at the site.”

During the inspection, no sign was posted at the facility entrance. Therefore, Claude Shew, Jr.
is in violation of 15A NCAC 13B .0566(14).

Based upon the foregoing, Claude Shew, Jr. shall come into compliance with all requirements of the
regulations in 15A NCAC 13B .0564(6)(b), .0566(1), .0566(3), and .0566(14) by completing the
following at the Shew Farms LCID (N1061):

1. Within 30-days of receipt of this Notice of Violation:

a) All unacceptable wastes must be removed and properly disposed at a solid waste
facility permitted by the Division of Waste Management. Proof of proper disposal must
be provided by submitting all solid waste management facility receipts where the waste
is disposed to the Solid Waste Section. Receipts for disposal of all unacceptable
wastes should be mailed to:

Charles Gerstell
NCDEQ – Solid Waste Section
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115

b) A sign must be posted at the entrance to the facility containing all the information
required by 15A NCAC 13B .0566(14).

North Carolina Department of Environmental Quality | Division of Waste Management
610 East Center Avenue, Suite 301 | Mooresville, North Carolina 28115
704.663.1699
Claude Shew, Jr.
Shew Farms LCID
Notice of Violation
Page 3 of 3
November 4, 2021

2. Within 90-days of receipt of this Notice of Violation:

a) Steps must be completed to ensure that the 100-foot buffer has been established
between disposed waste and the east property boundary.

b) All exposed, acceptable waste within the landfill must be covered with a minimum of
six inches of soil.

The violations 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.

Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a
follow-up inspection to verify that the operator has completed the requirements of this Notice of
Violation.

If you have any questions, please contact me at [phone] or e-mail [e-mail].

Sincerely,

Charles T. Gerstell
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Chris Hollinger, Compliance Officer

Enclosure: Facility Compliance Inspection Report