N1061_INSP_20220111

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: January 11, 2022 Date of Last Inspection: December 2, 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.

• 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. It
was determined that a follow-up inspection was to 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.

Inspection of the facility on January 11, 2022 found edge-of-waste markers had been installed around the perimeter of
the landfill. However, markers on the east side of the landfill were only an average of 53-feet from the eastern property
boundary. This appears to indicate waste is located within the required 100-foot buffer to the east property boundary.
Mr. Shew confirmed on site during the inspection that waste from initial clearing of the property was placed within the
100-foot buffer area. Mr. Bart Mathis also confirmed during a phone conversation on January 19, 2022 that waste from
facility operations was still located with the 100-foot buffer.

Therefore, the 100-foot buffer to the east property boundary must be established free of waste. During the January 19th
telephone conversation with Mr. Mathis, he explained that he would consult with Mr. Shew to explore moving the
property boundary to reestablish the required 100-foot buffer. As a result, this compliance with this violation is
considered in progress. Please keep the Solid Waste Section updated on the chosen method to reestablish the
100-foot buffer to property boundaries.

Resolved 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 an 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.

Inspection of the facility on January 11, 2022 found all waste within the landfill had been covered with soil.
Therefore, this violation is considered resolved. Thank you for your cooperation in this matter.

OBSERVED VIOLATIONS:
No new violations observed.

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 3 of 3

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. Stationary markers consisting of PVC pipe had been installed around the perimeter of the landfill to delineate the
boundaries of the landfill.
5. Erosion and sedimentation control measures had been installed on site since the last inspection. Silt fence had
been installed at the toe of the fill slopes. A sediment trap and a stone check dam had been installed along the
northern perimeter of the site. Please ensure that accumulated sediment is removed from the stone check dam as
it has overtopped.
6. As noted on the previous inspection report, due to the steepness of slopes at the time of the previous inspection,
and in order to allow for waste to be covered with soil, the Solid Waste Section allowed for a temporary minimum
slope of 2:1. However, now that 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.
7. No off-site sedimentation was observed.
8. 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: 1/24/22 Email Hand delivery X US Mail Certified No. [ _]

Copies: Deb Aja, Western District Supervisor - Solid Waste Section