N1061_INSP_20211027

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 4

UNIT TYPE:
Lined
MSWLF LCID X YW Transfer Compost SLAS COUNTY: Wilkes
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: N1061
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: October 27, 2021 Date of Last Inspection: Initial Inspection

FACILITY NAME AND ADDRESS:
Shew Farms LCID
Dellaplane Road
Roaring River, North Carolina

GPS COORDINATES (decimal degrees): Lat.: 36.18710 Long.: -81.03045

FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Claude Shew, Owner
Telephone: [phone]
Email address: none

FACILITY CONTACT ADDRESS:
955 Dellaplane Road
Roaring River, North Carolina 28669

PARTICIPANTS:
Charles Gerstell, NCDEQ – Solid Waste Section
Jason Watkins, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Land Clearing and Inert Debris Landfill Notification was filed with the Wilkes County Register of deeds on
December 9, 2010.

PURPOSE OF SITE VISIT:
Comprehensive Inspection

STATUS OF PAST NOTED VIOLATIONS:
N/A

OBSERVED VIOLATIONS:
(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 is in
violation of 15A NCAC 13B .0564(6)(b).

To achieve compliance, within 90-days of receipt of the Notice of Violation, steps must be completed to ensure
that the 100-foot buffer has been established between disposed waste and the east property boundary.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 4

(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 (painted 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 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 is in violation of 15A
NCAC 13B .0566(1).

10/27/21: View of construction and demolition waste. 10/21/21: View of rigid plastics near north facing
(photo by C. Gerstell) slope. (photo by C. Gerstell)

10/27/21: View of shingles and household bagged
trash. (photo by C. Gerstell)

To achieve compliance, within 30-days of receipt of the Notice of Violation, 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:

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 4

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

(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).

10/27/21: View of exposed waste on north facing 10/27/21: View of exposed waste on north facing
slope. (photo by C. Gerstell) slope east of adjacent photo. Note rigid plastic and
mop handle on slope. (photo by C. Gerstell)

To achieve compliance, all exposed, acceptable waste within the landfill must be covered with a minimum of
six inches of soil within 90-days of receipt of the Notice of Violation.

(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).

To achieve compliance, within 30-days of receipt of the Notice of Violation, a sign must be posted at the
entrance to the facility containing all the information required by 15A NCAC 13B .0566(14).

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.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 4

ADDITIONAL COMMENTS

1. A gate was located at the entrance to the facility. This gate was open upon arrival.
2. The access road leading to the landfill area was of all-weather construction and well maintained.
3. Smoke and heat were observed emanating from a hole at the top of the north facing slope near the pile of
construction and demolition debris noted in photo #1 under item B in “Observed Violations” above. This
observation is indicative that the waste mass is smoldering below the surface, potential from the decomposition of
waste combined with air entering the waste mass due to the lack of cover on the north slope. Please be cognizant
of this area if utilizing heavy equipment to remove all non-acceptable waste from this area. This area in
particular, but also the entire north slope, should be covered as soon as possible with soil (after removal of non-
acceptable waste) to reduce the risk of further combustion of the waste mass, which could easily spread to the
grass fields and wooded areas surrounding the site.
4. Please provide copies of any written agreements allowing for the establishment of a landfill operation
directly under the power line which may impede maintenance of the right-of-way.
5. No off-site sedimentation was observed.
6. No standing water was observed.

Please contact me if you have any questions or concerns regarding this inspection report.

________________________________________ Phone: [phone]
Charles T. Gerstell
Environmental Senior Specialist
Regional Representative

Sent on: 11/4/21 Email Hand delivery X US Mail (with
NOV)
Certified No. [ _]

Copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section
Deb Aja, Western District Supervisor - Solid Waste Section
Chris Hollinger, Compliance Officer – Solid Waste Section
Digitally signed by Charles T. Gerstell
DN: cn=Charles T. Gerstell, o=Divsion of
Waste Management, ou=Solid Waste Section,
email=[e-mail], c=US
Date: 2021.11.04 12:01:33 -04'00'