N1061_INSP_20211202

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 3

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: December 2, 2021 Date of Last Inspection: October 27, 2021

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, Jr., Owner
Telephone: [phone]
Email address: none

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

PARTICIPANTS:
Claude Shew, Jr. - Owner
Bart Mathis – Mathis and Son Grading, Inc.
Charles Gerstell, 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:

Unresolved Violation - 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.

x A previous review of Wilkes County GIS data indicated that waste had 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 was found in violation of 15A NCAC 13B .0564(6)(b).

To achieve compliance, Claude Shew, Jr. was required to complete steps to ensure that the 100-foot buffer had been
established between disposed waste and the east property boundary within 90-days of receipt the Notice of Violation.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 3

Inspection of the site on December 2, 2021 found waste had been moved away from the eastern property boundary. A
follow-up inspection will be performed at a later date to allow for the excavation of test pits to ensure all waste
associated with landfill activities have been moved out of the required 100-foot buffer to the property boundary.
Compliance with this violation is considered unresolved and in progress.

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

During the previous inspection performed on October 27, 2021, 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, Jr. was found in violation of 15A NCAC 13B .0566(1).

To achieve compliance, all unacceptable wastes were required to be removed and properly disposed at a solid waste
facility permitted by the Division of Waste Management within 30-days of receipt of the Notice of Violation. Proof of
proper disposal was required to be submitted to the Solid Waste Section by submitting all solid waste management
facility receipts where the waste is disposed to the Solid Waste Section.

Inspection of the facility on December 2, 2021 found no unacceptable waste streams on site. Mr. Shew explained all
previously observed unacceptable wastes had been removed to the Wilkes County Landfill (permit # 97-04). Mr. Shew
also provided a receipt verifying disposal of 4.58-tons of waste at the Wilkes County Landfill. Therefore, this
violation is considered resolved. Thank you for your cooperation in the matter.

Unresolved Violation - 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 previous inspection performed on October 27, 2021, 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. was found in violation of 15A North Carolina
Administrative Code 13B .0566(3).

To achieve compliance Mr. Shew was required to cover all exposed, acceptable waste within the landfill with a
minimum of six inches of soil within 90-days of receipt of the Notice of Violation.

Inspection of the facility on December 2, 2021 found the top of the landfill area had been covered with soil. However,
side slopes had not been covered with soil as required by the Notice of Violation issued on November 4, 2021.
Therefore, compliance with this violation is considered unresolved and in progress. A follow-up inspection will
be performed following the 90-day deadline stipulated in the Notice of Violation to ensure compliance with this
violation.

Due to the steepness of slopes at this time, and in order to allow for waste to be covered with soil, the Solid Waste
Section will allow for a temporary minimum slope of 2:1. However, once waste has been covered with soil, the
facility must work to establish a 3:1 slope going forward and must maintain 3:1 slope as required by rule and for
final closure.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 3

Resolved Violation - 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 previous inspection performed on October 27, 2021, no sign was posted at the facility entrance. Therefore,
Claude Shew, Jr. was found in violation of 15A NCAC 13B .0566(14).

Inspection of the facility on December 2, 2021 found a sign had been installed as required. Therefore, this violation is
considered resolved. Thank-you for your cooperation in this matter.

OBSERVED VIOLATIONS:
No new violations observed.

ADDITIONAL COMMENTS

1. The inspection was performed to evaluate Mr. Shew’s efforts to comply with the violations documented in the
Notice of Violation issued to Mr. Shew on November 4, 2021. Please refer to “Status of Past Noted Violations”
for comments.
2. A gate was located at the entrance to the facility. This gate was open upon arrival.
3. The access road leading to the landfill area was of all-weather construction and well maintained.
4. The previous inspection report requested 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.
x During the inspection, Mr. Shew explained that he had no written agreements between he and owner of
the electrical right-of-way. Mr. Shew and Mr. Mathis stated that representatives of the power company
periodically inspect the operation and are aware of the operation.
5. As discussed during the inspection, the disposal area boundaries of the LCID Landfill must be delineated
with stationary markers affixed to the ground. The markers shall be of height and spacing so that they are
distinguishable from the surrounding landscape, and so that the adjacent markers are visible when
standing at a marker.
6. No off-site sedimentation was observed.
7. 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: 12/6/21 Email Hand delivery X US Mail Certified No. [ _]

Copies: Deb Aja, Western District Supervisor - Solid Waste Section
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.
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: 2021.12.06 11:30:08 -05'00'