32F_INSP_20211123

NORTH CAR()LINAD_E Q��
OepaNnent W Envimnmenlel puel�
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
UNIT TYPE:
Lined
LCID
X
YW
Transfer
Compost
SLAS
COUNTY: DURHAM
MSWLF
PERMIT NO.: 32F-LCID-
Closed
xxW
White
Incin
T&P
FIRM
MSWLF
goods
FILE TYPE: COMPLIANCE
CDLF
TireT&P
Tire
Industrial
DEMO
SDTF
Collection
Monofill
Landfill
Date of Site Inspection: November 23, 2021
FACILITY NAME AND ADDRESS:
Fogleman and Fogleman Landfill and Recycling Facility
4005 Intermere Road
Durham, North Carolina 27704
GPS COORDINATES: Lat.: 36.05502' Long.:-78.81176'
FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Jay Fogleman, Landfill Manager
Telephone: [phone] (o), 919.795.4386 (c)
Email address: [e-mail]
FACILITY CONTACT ADDRESS:
Fogleman Soils, Landfill & Recycling
Linda Fogleman, Secretary/Treasurer
4005 Intermere Road
Durham, North Carolina 27704
PARTICIPANTS:
Amanda Thompson — NCDEQ, Solid Waste Section
Drew Hammonds — NCDEQ, Solid Waste Section
Sherri Stanley — NCDEQ, Solid Waste Section Permitting
Jordan Russ — NCDEQ, Solid Waste Section Permitting
Jay Fogleman — Landfill Manager
Stacey Smith — Smith + Gardner
Date of Last Inspection: May 16, 2019
STATUS OF PERMIT:
Permit issued March 28, 2017. The permit expires on December 16, 2021. The Permit renewal paperwork was submitted
to the Section for approval on September 2, 2021.
PURPOSE OF SITE VISIT:
Compliance Inspection and Technical Assistance
STATUS OF PAST NOTED VIOLATIONS:
1. 15A NCAC 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."
Facility Permit 32F-LCID, issued March 28, 2017, Attachment 3, Part II, Number 12 states, "Adequate soil
cover shall be applied monthly or when the active area reaches one acre in size, whichever occurs first, or mor often
when necessary to prevent the site from becoming a nuisance or to mitigate conditions associated with fire,
windblown materials, vectors, or excessive water filtration."
Page 1 of 6

FACILITY COMPLIANCE INSPECTION REPORT
D_E Q�� Division of Waste Management
NORTH CAROLINA
o"-t0E'"�m""lW'Ift Solid Waste Section
Operational Plan, approved by the Section on March 28, 2017, Section 2.8.1 Periodic Cover states, "At the
completion of waste placement each week, or sooner if the area of exposed waste exceeds '/2 acre in size, a 6-inch
layer of earthen material or other material as approved by the DWM will be placed over the exposed waste. This
periodic cover is intended to control vectors, fire, odors, and blowing debris,"
And Section 2.8.8 Intermediate Cover states, "a 12-inch layer of soil cover should be placed on all waste surfaces
that have not received waste in 30 days but are below final elevation. This intermediate cover should be seeded
immediately and graded such that all precipitation runoff is channeled to the surface water system."
UNRESOLVED: At the time of this inspection, large portions of the side slopes were determined to have
inadequate soil coverage. The waste MUST be properly covered with adequate soil cover.
2. 15A NCAC 13B .0566 (2) states, "Solid waste in the landfill shall be compacted. Slopes shall not exceed a ratio of
three horizontal to one vertical at any time."
Facility Permit 32F-LCID, issued March 28, 2017, Attachment 3, Part H, Number 7 states, "Fill and
excavation operations must be contained with the approved elevation contours as shown in the approved plan
documents. Side slopes must not exceed a ratio of three horizontal feet to one vertical foot (3:1)"
UNRESOLVED: At the time of this inspection, the slopes were determined to be steeper than three horizontal to
one vertical. Mr. Fogleman acknowledged that the side slopes were steeper than acceptable. He has been working
with his consultant, Mr. Stacey Smith of Smith + Gardner, to determine the best approach to properly slope the
waste. The side slopes MUST be covered and nronerly sloped and graded to a three horizontal to one vertical
ratio.
OBSERVED VIOLATIONS:
3. 15A NCAC 13B .0566 (1) states, "The site shall only accept those solid wastes that it is permitted to receive."
At the time of this site inspection, painted block, painted wood, metal rebar, metal and plastic piping, and Styrofoam
were observed in the waste stream. These wastes cannot be disposed of in the LCID. Mr. Fogleman stated that he
misunderstood the disposal of metal rebar. He will now cut the rebar flush with the concrete and then recycle. All
unacceptable wastes encountered within the waste MUST be removed as soon as it observed and properly
disposed of at a permitted facility.
4. 15A NCAC 13B .0564 (6)(b) states, "Buffer Requirements: A site shall maintain the following buffer requirements:
100 feet from the waste boundary to property lines, residential dwellings, commercial or public buildings, and
potable wells."
At the time of this inspection, it was noted that waste had been pushed into the tree line along the northern property
boundary. This issue has been noted in the past. The waste MUST be moved away from the property boundaries
to meet the 100-foot buffer.
5. 15A NCAC 13B .0567 (c)(1)(B) states, "Post Closure Requirements ... Maintenance of the vegetative cover of the
cap, and ensuring that trees and other woody vegetation do not become established on the cap."
At time of this inspection, mature trees were observed to be growing along the eastern side slope. The mature trees
must be removed from the eastern side slope and the cap repaired to prevent leachate issues and to ensure
that final cover requirements can be accomplished.
6. 15A NCAC 13B .0566 (8) states, "Surface water shall be diverted from the working face and shall not be impounded
over waste."
Page 2 of 6

FACILITY COMPLIANCE INSPECTION REPORT
D_E Q�� Division of Waste Management
NORTH CAROLINA
o"-t0E'"�m"""°"""' Solid Waste Section
At the time of this inspection, an area of standing water was impounded over waste, in the wood processing area at
the top of the LCID. The area needs to be graded to promote drainage of surface water away from the top of
the LCID.
7. 15A NCAC 13B .0566 (9) states, "Solid waste shall not be disposed of in water."
At time of this inspection, land clearing debris, in the wood processing area at the top of the LCID, was in the area
of standing water. The land clearing debris needs to be removed from the water and the area repaired and
graded to properly shed water.
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.
ADDITIONAL COMMENTS
1. The facility is a land clearing and inert debris (LCID) landfill. The facility is permitted to receive land clearing
waste, inert debris, yard trash, and asphalt. The facility is also permitted to receive wooden pallets for processing,
not for disposal in the LCID.
2. Proper facility sign posted at the facility entrance showing the contact name and number in case of an emergency
and the permit number.
3. The facility is properly secured with a locked gate. Personnel are on site during operating hours which are Monday
through Friday from 7:OOAM to 4:OOPM.
4. Please update the contacts page Section 1.1.3 to remove Davy Conners. It may be acceptable to replace the one
page at this time.
5. Section 2.5 of the operations plan states that the facility randomly screens 1 % of the vehicles by volume near the
working face.
6. The facility site plan, operations plan, and permit were not reviewed with the site operator at this inspection.
7. Permanent markers that accurately delineate the waste disposal boundary must be installed and
maintained.
8. Operations Plan, Section 2.8 Cover, states that waste will be covered weekly or sooner if exposed waste exceeds
1/2 acre in size. It is recommended that the facility cover the waste in accordance with the approved operations
plan moving forward.
9. Mr. Fogleman stated that the wood stored on top of the LCID was located within the wood processing area and
would be processed once the grinding equipment has been repaired. The wood processing area is not depicted on
any site plans. Please provide the Section with a map depicting all areas associated with the wood processing
as described in the operations.
10. Please show the area on the facility map where the off -site soil testing and processing occurs.
11. It may be necessary to either update or create a contingency plan to address labor and or equipment issues.
12. Digital pictures were taken during the inspection.
13. Corrective measures are necessary as a result of this inspection and should be completed within 30 days'
receipt of this inspection report.
Page 3 of 6

FACILITY COMPLIANCE INSPECTION REPORT
D_E Q�� Division of Waste Management
NORTH CAROLINA
o"'—t0—! 'm"""°"""' Solid Waste Section
Please contact me if you have any questions or concerns regarding this inspection report.
Amanda Digitally signed by Amanda
Thompson
Thompson Date: 2021.12.1414:18:45-05'00'
Amanda Thompson
Environmental Senior Specialist
Regional Representative
Phone: [phone]
Sent on: December 14, 2021
X
Email
Hand delivery
US Mail
Certified No. 7020 1810
0002 1109 2541
Copies: Jason Watkins, Field Operations Branch Head — Solid Waste Section
Drew Hammonds, Eastern District Supervisor — Solid Waste Section
Sherri Stanley, Permitting Branch Head
Jordan Russ, Permitting Engineer
Chris Hollinger, Compliance Officer — Solid Waste Section
Stacey Smith, Smith + Gardner — Consultant
Page 4 of 6

NORTH CAR()LINAD_E Q��
OepaNnent of Envieonmenbl Wel�
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
View of the signage on the front gate.
View of the mature trees on the eastern side slope.
D, 2021.
View of the uncovered steep side slopes, near the NW
corner.
View of wood processing area located at the top of the
LCID.
View of painted wood that has been disposed of in the
LCID.
Page 5 of 6

NORTH CAR()LINAD_E Q��
OepaNnent of Envieonmenbl Wel�
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
View of uncovered waste at the top of the LCID, near the
View of uncovered waste and steep side slopes.
View of the uncovered western side slope.
View of waste encroaching on and over the northern
property boundary.
Page 6 of 6