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Home My WebLink About0601_ROSCANS_1980pIVISTiOnj p ENVIRONMENTAL 1 AGEMENT t: NIVI RONNE NTAL OPERATIONS SECTION January 9, 1980 Xr. Joe Minton To jn Manager Tok.an of Newland ? ,Ou to 3 Newland, North Carolina 2B657 Subject: Chee iica.1 Analysis Landfill Leachate Avery County, North Carolina Dear Mr. Eli ntori: On1 November , ?.C' � , 1:'acti7ate S c.11l'=)l f' werE Col l nc '4�'�i 1°r�, ;; the Avery CO-Irity landfill. The sn.rnplinr ltxas ragtjes3�od by a County resident donor c;e�^nec� with {?ollution froma;'r,e landfill affc.,cting nrushy Creei�. Laboratory analysis of the sa:mpleJ eollected inr��cate that potentially hazardous materials are h.eing damped on this site. _A_p�:st cidP sc�n___indicat _ed the presence of numerous chlorinated.conipounds, but none could be iderltii"i�d. An drganics scan matched i;he f-olloviing coiiipounds to the library miss - spectra, but not to Standards µ inethtjl-phenol 3 r,jethyl butanoic acid pentanoic a66 hexanoic acid octanoic acid benzeneacetic acid berizenepropanoic acid ----- Mr. Bill _"i�r of the Division of Health Services, Solid and Hazardous. haste P9�inagEmFr�t Branch has been made aware of this problem. Should you have questions concerning the laboratory results or desire further assistance, please advise. Gr -er Section IL undwat CENMAL LABORATORY REPORT Date Collected ocat —a AAr� . -s Description. of Collaty I '�W_ GO . .... "I Grid Location Serial Number (Pix;Ping_ -T-i-me --Air Temperature, etc.) FIELD LXALYSIS PH Odor Spec. Cond. ppearaace� Temp. Ic Taste Ur-ASE TEST FOR WNSTMENTS OR PROPMUS AS INDICATED. REPORT ANALYSTS TO: CHIEF, GROTnMWATER SEG-LION RALEIGH N.C. Alkalinity (As CaCO3) Nitrogen to PH 8.3.......... mg/1 Rjeldahlopoo.o.... to PH 4.5 ......... mg/1'. Nitrate 6 Nitrite. Mg/1L_J Aluminum ............. ./ �00 --Yg / I PH Value (When artal.yzed ug/1-0, ElBicarbonate...:.:..... rig/1 Phosphorus, Total,* Mg/1 BOD, 5-Day........... PotaasWm..-?.Q0;q X, Carbonate............ mz/1 Specific Conductry-;rze Carbon Dioxide....... Mg/1 (micromhos at 25 0 C)..- 0 Chloride- Mg/1 Silica ............... E7]Colif orn ( Total 19) _/100Wl E E1:1ll Copper..... ........... fig/ 1 Sulfate....eo ....... a Cyanide......Mg/1 Zinc ................. ug Dissolved Mg/1CalciumM/1 le� EMagnesium. .8/1 Fluoride ............. Eardaeszas CaC0 g/iRearks:J3 IY �mG Hardness, Non Carbonate..... mg/1 to- 3 Soot') Iron. ...... - / r d-��✓PJ ter«_�.y}. �°/�"��aJ4-ri�NJ%J �jCP�-f....�e> N_11,ead. 9. -ug/1 V__3 _14o."'...-Y lyk;fl;xj� Lithium .............. ug/1 Manganese. o 6) 0 Ug/1 Mercury .............. ug/1 FOR INTERLAI USE Samples In Log ent. ck. Date Reported _Z2_-LL/-__/Z_ Mr. Joe Minton Page 2 januar-Y 9, I980 Sincerely, trebra L. H O e Hydrologist Technicia)q DLH:ar Attachments cc:lqr. Robert 1-4iseman Mr. Bill Meyer Mr. Keith Masters L. P. Benton, Jr. oun-g 1J� U� Groundwater Section County -�� ' 1 CENTRAL LABORATORY REPORT Grid Location Serial Number Date Collected // 96 7 Time c� : /�` %oM By: ' - h - - - - Deaf on Or -sit ; Description of Sampling Pint Remarks (Pumping Time, Air Temperature, etc.) FIELD ANALYSIS PH - - Odor O Spec. Coud. Appearance r J v ry l Temp. OC Taste PLEASE TEST FOR CONSTITUE14TS OR PROPERTIES AS INDICATED. REPORT ANALYSIS TO: CHIEF, GROU1.01 IER. SECTION, RALEIGR, N.C. Alkalinity (As CaCO ) to pH 8.3......... — mg/1 to pH 4.5......... 3J1 mg/1 �-Aluminum. .-o...e...... - -- ug/1 Arsenic .............. ug/l I 1 Bicarbonate.....:... b l Mg/1 BOD, 5-Day........... mg/1 gCarbonate........... mg/1 Carbon DiasIde,...... mg11 Chloride..,........... mg/1 El Coli.form (Total MY)— /100MI Copper.......,:...... ug/1 Cyanide .............. mg/1 Dissolved Solids:s.°p� mg/1 Fluoride ............. mg/1 F>_ZJ hardness as CaCO3.... �_Qmg/ 1 Hardness, HARSH Non Carbonate..... mg/1 ElIron. ................ ug/1 FILead................. ug/1 Lithium ............. ug/1 Manganese........... ug/1 EDMercury. ............. ug/1 FOR ItiTERL AB USE Nitrogen Rjeldahl.......... mg/1 Nitrate & Nitrite. mg/1 pH Value- (When analyzed - �- -- Phenol ............... ug/1 Phosphorus, Total.... tag/1 Potassium......,..... mg/1 Specific Conductance (micromboa at 250C).. Silica .............. mg/l Sodium .............• tag/I El Sulfate .............. Mg/1 EJ Zinc ................. u01 El Calcium .............. mg/1 Q Magnesium............ mg/1 Remarks: C� 16�� ►al� Samples In Log ent. ck. Date Reported N. C. DEPARTMENT OF HUMAN RESOURCES DIVISION OF HEALTH SERVICES Inspection Form for Sanitary Landfills �- at ion lo••, SIR: An inspection of your land disposal site has been made this date and you are notified of the violations, if any, marked below with a cross W . 1. PLAN REQUIREMENTS ea4,0 , , f. -� `%'`6. BURNING ` Site Plan Approved Yy Evidence of Burning \G 0.` Operational Plans Approved Fire Control Equipment Available Plans Being Followed 7, SPECIAL WASTES 2. SPREADING & COMPACTING Spoiled Food Properly Handled Waste Restricted to the Animal Carcasses, Abattoir Smallest Area Practicable Waste, Hatchery Waste, Etc., Properly —Handled - Waste ProperlyPropgrly Compacted Proper Slope on Working Face 8. HAZARDOUS WASTES ACCEPTED Pathological 3. COVER REQUIREMENTS i K_Six (6) Inches Daily Cover Pesticides Other Two (2) Foot Final Cover Erosion Controlled 9. VECTOR CONTROL Effective Rat Control 4. ACCESS AttendantAon Dut Effective Fly Control Access Controls (Gate, Chains) Other Vector(s) Controlled All Weather Road 10. MISCELLANEOUS Dust Controlled Blowing Material Controlled Directional Signs 5. WATER PROTECTION (Procedures, Operational Signs Surface Drainage Controlled Hours, Etc.)ili0 " Evidence of Leaching 4- ` t tt Gr 1��" Waste Placed in Water ` r t -nq I REMARKS:614 vt'"�•r� eSS A..Tt— Lj t% L/� NAME f� DATE f Solid & Haz rdbus Waste Management Program Division of Health Services DHS FORM 1709 (6/79) Solid & Hazardous Waste Management Program s'rATE OF NORTH CAROLINA P 4 H N i C) F I'?_U A P---J CJ U F,,C._:) Division of fle(lith Services - - -: rA aRoav tit:D..-Fi:P-�H. - SECRETARY I P. 0. Box 2091 Raleigh 27602 February 7, 1980 Mr. Robert Wiseman Avery County Manager County Courthouse Newland, NC 28657 Dear Mr. Wiseman: North Carolina will have to prepare a State Solid Waste Manage- _ -_ ment Plan if the state is to continue to receive EPA grants.- The - - plan is overdue. It will provide a look at solid waste collection, transportation and disposal methods and cost data. There may be j overlooked opportunities to change collection, transportation or disposal methods or equipment to better manage solid waste collection and disposal services. Your agency has been selected as one of a sample. A member of our staff will contact you within the next two weeks to set up an interview to complete the attached disposal facility questionnaire. Your help on this important survey is appreciated. The results of the survey will. be shared with your agency. Cordiallyn yours, Emil Breckling, Planner Solid & Hazardous Waste Management Branch Environmental Health Section EP:ns Attachment N SIATI 4—d STATE OF NORTH CAROLINA JAMES B. HUNT. JR. DEPARTMENT OF HUMAN RESOURCES HUGH H. TiLSON. M.D. G OV[RNOR DIR[CTOR Diaiswn of Health Services - SARAH T. MORROW. M.D.. M.P.H f ECR[TARY WESTERN REGIONAL OFFICE BUILDING 3 BLACK MOUNTAIN, N.C. 28711 February 11, 1980 Mr. Robert Wiseman Avery County Manager Court House Newland, N.C. 28657 D_e_ar Mr -.Wiseman: , 4 This letter is written regarding the proposed expansion of the Avery. -County Landfill as it may impact upon the Avery County Airport located just off highway 19-E, Avery County. Based upon FAA criteria for Safety -Bird Hazards to Aircraft the following comments are noted: 1. The present landfill and proposed expansion areas are located within 5,000 feet --aE airport runways. 2. The landfill does accept for disposal putrescible waste. 3. Based upon observations and inspections of the Avery County Landfill, in my opinion, no significant bird population frequents the landfill. On February 59 1980 I contacted Mr. Eugene Ledbetter and Mr. George Higdon, employees of Brad Rogers, Inc. at the Avery County Airport, for the purpose of deter- mining if the airport had experienced problems with bird strikes at the airport in the past. According to these individuals no bird related problems had been experienced at the airport. Additionally, they felt that the landfill had not impacted in any way on the operation or safety of the airport. They did, however, mention that within the past 4 ; years they could recall an aborted landing and takeoff as a result of dogs on the runway. February 11, 1980' Page 2 ---------------------------- - - 4.- Ihave rev#ewes correspon ence From tne NorLn LarU.L-J-11-kI-- Wildlife Resources Commission, Avery County Airport C �m mis-si=o n-, p -a l-a ch i-a-n D i s-t r i c-t H e-a l-t h D-et m- -a r-_e n� -- P � Harris Mining Company and am forwarding these letters along with other appropriate information to the Solid & Hazardous waste Management Branch, Division of Health Services, P. 0. Box 2091, Raleigh, N.C. 27602. Please contact me should you have comments regarding this matter. Sincerely, Robert M. Apple, District Sanitarian Solid & Hazardous Waste Management Branch RMA/mr Avery County Courthouse County Manager ROBER`I C. WISEMAN Box 42 NEWL_AND, N. C. 28657 March 7, 1980 Mr. Gordon Layton Solid & Hazardous Waste Management Post Office Box 2091 Raleigh, North Carolina 27611 Phone 704-733-9366 RE; FOP1AL REVIEW OF STATE STANDARDS WITH RESPECT TO BIRD HA?ARDS IN CONJUNCTION WITH GRANTING AUTHORITY TO EXTEND THE .AVERY COUNTY LANDFILL Dear Mr. Layton: I feel sure that you are aware of the circumstances in existence con- cerning the Avery County Sanitary Landfill. However, in case you are not, allow me to acquaint you with our situation. The present Avery County Landfill is located, and has been located, naar the'Ayery County -art -rippp- - - -A t.- the present time, our !arm-filea has reae hed its capacity. After strenuous but unsuccessful attempts to.'re-locate, the govern- ing board, as well as myself, wish to expand the; present landfill. The location for tho proposed:expansion seems to meet all state requirements with the exception"off those imposed by the Federal Aviation Administration. We feel that'the inflexibility of such a`universal policy does not allow for any consideration to individual` situations,'inor'isolated conditions and should not be tho sole controlling factor as to whether or not we should be allowed to extend our existing facility. I`feel our ``reauest'is'justified based on the attached information. I would respectfully request that a formal review be conducted as to whether or not under state standards, with respect to bird hazards, we can be permitted to extend the boundaries of our existing landfill. Since time is of the essence, I am sure you`will expedite this matter as much as possible.', Venr truly yours, Robert C. Wiseman County Manager (Attchmts) RCW/lld CC,, Mr. Bill Meyer be r /Mr. Bob Apple f:®unty Manuger ROBERT C. WISEMAN Avery County Courthouse Box 42 Phone 704-733-9366 —MEWL-AND; N-C: 28657 .April 15, 1980 Mr. Gordon Lavton Solid & Hazardous Waste Management Post Office Box 2091 Raleigh, North Carolina 27611 Dear Mr. Layton: After extensive efforts to locate an acceptable site at which to establish a new sanitary landfill .for every County_, it has become evident to us that we are no closer to achieving our coal than we were twelve months aqo. AccordincJ to Mr. Bob Apple, -Qur Coordinator for this area, there is only one alternative open to Avery County at this time; that option being; to encircle our present landfill with a 1_2 to 15 foot dike and to compact uaav �iia,.i i --- vui Ntcacll 1, lCillU !_1,11. ;. 111.7 Val l.iVll _LS 11V L, ci l: l:C tJ t. QJJ1C L.V Avery County. Our intentions at this time are to proceed in the development of five to six acres joining our present landfill on the North side of Brushv Creek Road. 0n March 7,_a letter was submitted to your office recluesting "That a formal review be conducted as to whether or not under state standards, with respect to bird hazards, we can be permitted to extend the boundaries of our existing landfill". To date we have received no reply. This office has contacted a professional engineering firm for the uurpose of develo_pinct an operational plan,which would provide a framework for the most effective and economical utilization of the afore --mentioned site as a sanitary landfill. Please be assured that the intentions of this unit of government are to serve the best interests of its citizens and to cooperate to the fullest extent Possible with all agencies of the State of _*North Carolina. We feel sure that you share these concerns. PCJ,,/ l ld CC, Mr. Bob Apple Mr. E. m. Vance attchmt . Respectfully yours, County Manager I. , N.C. DEPARTMENT OF HUMAN RESOURCES Permit Number DIVISION OF HEALTH SERVICES Inspection Form for Sanitary Landfills Name of Site County Location Signature of Person s Receiving Report Weather Conditions SIR: An inspection of your land disposal site has been made this date and you are notified of the violations, if any, marked below with a cross (X). 1. PLAN REQUIREMENTS Site Plan Approved Operational Plans Approved Plans Being Followed 2. SPREADING & COMPACTING Waste Restricted to the Smallest Area Practicable Waste Properly Compacted Proper Slope on Working Face 3. COVER REQUIREMENTS Six Inches Daily Cover Two Foot Final Cover One Foot Intermediate Cover 4. DRAINAGE CONTROLLED On -Site Erosion Off -Site Siltation Erosion Control Devices Seeding of Completed Areas Temporary Seeding 5. WATER PROTECTION Evidence of Leaching Waste Placed in Water Surface Water Impounded Monitoring Wells Installed REMARKS: DATE NAME 6. ACCESS Attendant on Duty Access Controls (Gate, Chains) All Weather Road Dust Controlled 7. BURNING Evidence of Burning Fire Control Equipment Available 8. SPECIAL WASTES Spoiled Food Properly Handled Animal Carcasses, Abattoir Waste, Hatchery Waste, Etc., Properly Handled 9. HAZARDOUS WASTES ACCEPTED WITHOUT WRITTEN PERMISSION 10 Type VECTOR CONTROL Effective Rat Control Effective Fly Control Other Vector(s) Controlled 11. MISCELLANEOUS Blowing Material Controlled Directional Signs Operational Signs (Procedures, Hours, Etc.) Solid & Hazardous -Waste Management Branch DHS FORM 1709 (11/79) Division of Health Services Solid & Hazardous Waste Management Branch Ili``` e 5 Art y NtAky 211 1981 I r DAMES e. HUNT. JR. DEPARTMENT OF HUMAN RESOURCES HUGH H. TILSON, M.D. .. n...e�n. DIRECTOR SARAH T. MORROW, M.D., M.P.H. SECRETARY Mr. Robert Wiseman Avery County Manager County Court House Newland, N.C. 28657 Dear Mr. Wiseman: Division of Health Services WESTERN REGIONAL OFFICE WESTERN NORTH CAROLINA SANITORIUM BUILDING 3 BLACK MOUNTAIN, N.C. 28711 May 20, 1980 It is my responsibility to notify you that the Avery County Landfill located on Brushy Creek Road is operating in violation of North Carolina State Solid Waste Management Rules. If a violation is recorded on two consecutive quarterly inspections the operator shall be notified, in writing, of the violation, what must be under- taken to correct the violation and a compliance schedule. If the violation is not corrected within the compliance schedule, the District Sanitarian shall notify the Central Office. The Avery County Landfill is operating in violation of the following sections of the State Solid Waste Management Rules: Section .0103-General Conditions All solid waste shall be stored, collected, transported, separated, processed, recycled, recovered, and disposed of in a manner consis- tant with the requirements of these rules (at the present time the Avery County Landfill is not disposing of solid waste in a manner consistent with the requirements of these rules. Reference is made to Section .0115-Operational Requirements for Sanitary Landfills.) Section .0106-Solid Waste Management Facilities All Solid Waste Management Facilities shall be operated in conformity with these rules and in such a manner as to prevent the creation of a Mr. Robert Wiseman PIay 20, 1980 Page 3 ----------------------- ----------------------- !.UU-L ZIL-L-L.'.-LL-L.LULL _-. _b 1111 C1, L._- lV - iviivw 6 - ....-.."" _..-�- - noted as violations on one inspection form or are potential problem areas ,ahch may promote -future violations under State Solid Waste -Management Rules: 2. Evidence of Burning 3. On -site Erosion 4. Two Foot Final Cover (Final cover and removal of surface water is needed on the old phase of the Landfill). 5. Seeding of Completed Areas (Seeding of the old phase is needed after two feet of cover has been applied). 6. Operational Plans Approved (Any possible development of the Avery County Landfill which exceeds the elevation of the Brushy Creek Road shall require operational plan approval as noted under State Solid Waste Management Rules). 7. Blowing Material Controlled Enclosed please note a copy of State Solid Waste Management Rules and Violations on a Permitted Site. Please contact me should you have any questions or comments regarding this matter. Sincerely - Robert M. Apple District Sanitarian Solid/Hazardous Waste Management Branch RMA/mr Enclosures BUTLER ASSOCIATES, P.A. CONSULTING ENGINEERS 12 BROAD STREET ASHEVILLE, NORTH CAROLINA 28801 -- (704) 258-2517 RONALD S. BUTLER, P.E. HARLOW L. BROWN. P.E. 1 G ARV R-MCGILL. P.E. Mr. J. Gordon Layton, P.E. Environmental Engineer Solid and Hazardous Waste Management Branch Environmental Health Section Division of Health Services Department of Human Resources State of North Carolina Post Office Box 2091 Raleigh, North Carolina 27602 RE: Avery County Landfill Avery County, North Carolina Our Project No. 80093 Dear Mr. Layton: Pursuing our conference on Tuesday, August 12, 1980, I have been in contact with Mr. Robert Wiseman, County Manager of Avery County, concerning the reluctance the State has in issuing a permit for a new ' landfill that does not meet the Federal Aviation Administration regulations on distances a landfill must be from an airport. (in this case 5,000 feet) . The County is now at a critical crossroad! I believe the site selected, not considering the airport issue; with proper engineering, can be developed into a landfill meeting the State's criteria. Mr. Bob Apple, your local representative, and I spent several hours on the ground evaluating a number of possibilities. By shifting the location west, out of the majority strip mining area, it appears that better soils would be available and drainage could easily be controlled. However, I cannot advise the County to proceed with soil borings, survey work and engineering knowing this location is approximately 800 feet from a paved airfield. (See attached sketch) . Also it would have to be determined if this is a public airport. As you know, the County Manager spent a great deal of effort to document an appeal to the FAA regulations but never received an "official" answer to the question: " Would the State issue a landfill permit if the site was deemed suitable?". At this point, both the County Manager and I feel that the State is obligated Mr. J. Gordon Layton Page 2 August 14, 1980 to face this issue. Can Avery County operate a landfill within 5000feet of this airfield? The County deserves an answer before spending funds for Thank you for your immediate attention in this matter, Very truly yours, BUTLER ASSOCIATES, P.A. Harlow L. Brown, P.E. HLB : va 0 Ebert Wiseman - Avery County - Manager :)b Apple - NC Solid Waste Representative .� ....... SHer:.T NO ........ t ......... -OF..A JOB NO . ..... 0!5�PI3 . . ................. ....... ................................................................... M! ... ............ DATE:."h�-Nt? .... SUE3JE:CT ... .... ..................... ............................. CHKO. BY ............... DATE..................... ............................. A/ ..................... ................... ........... ................................ ............ ............... ............................ I N If 1 7 �4sw RL)f,iv,/A,Y JAMES S.�HUNT. JR SARAH T. MORROW, M.D., M.P.H. SECRETARY DEPARTMENT OF HUMAN RESOURCES Division of Health Services August 26, 1980 Mr. Harlow L. Brown, P.E. Butler Associates, P.A. 12 Broad Street Asheville, NC 28801 Dear Mr. Brown: HUGH H. TILSON, M.D. This is in response to your letter dated August 14, 1980. Based -onthe"-FAA-Guidance Concerning Sanitary-,Landfills--on--or Near Airports", this agency is and has been for somtime observing the specified distance of the order. The reasoning behind this decision is that to do otherwise would go against "documented hazards" by the FAA. This would be in direct conflict with the "'Solid Waste Management Rules', Section .0108 Permits Required, (b) . . . and it has been determined that the facility can be operated in accordance with this Section so as to provide reasonable protection to . . . the public health". Therefore, the site in Avery County is deemed unsuitable for a sanitary landfill. If an appeal of this decision is desired, an administrative hearing should be requested and received by this office within 30 days of the date of this letter. If this office can be of further assistance, please advise. Respectfully, / /�-��`"�L-.fit �✓ �: J "G�Ydon Lay"ton,,Environmental Engineer ./ olid & Hazardous Waste Management Branch "Environmental Health Section JGL:ns, cc: Robert M. Apple ./Mr. Julian M. Foscue, III Mr. Robert C. Wiseman, County Manager N.C. DEPARTMENT OF HUMAN RESOURCES DIVISION OF HEALTH SERVICES Inspection Form for Sanitary Landfills Permit Number Name of Site County Location Signature of Person s Receiving Report Weather Conditions SIR: An inspection of your land disposal site has been made this date and you are notified of the violations, if any, marked below with a cross (X). 1. PLAN REQUIREMENTS Site Plan Approved Operational Plans Approved Plans Being Followed 2. SPREADING & COMPACTING Waste Restricted to the Smallest Area Practicable Waste Properly Compacted Proper Slope on Working Face 3. COVER REQUIREMENTS Six Inches Daily Cover Two Foot Final Cover One Foot Intermediate Cover 4. DRAINAGE CONTROLLED On -Site Erosion Off -Site Siltation Erosion Control Devices Seeding of Completed Areas Temporary Seeding 5. WATER PROTECTION REMARKS: DATE Evidence of Leaching Waste Placed in Water Surface Water Impounded Monitoring Wells Installed 6. ACCESS Attendant on Duty Access Controls (Gate, Chains) All Weather Road Dust Controlled 7._ BURNING Evidence of Burning Fire Control Equipment Available 8. SPECIAL WASTES Spoiled Food Properly Handled Animal Carcasses, Abattoir Waste, Hatchery Waste, Etc., Properly Handled 9. HAZARDOUS WASTES ACCEPTED WITHOUT WRITTEN PERMISSION Type 10. VECTOR CONTROL Effective Rat Control Effective Fly Control Other Vector(s) Controlled 11. MISCELLANEOUS Blowing Material Controlled Directional Signs Operational Signs (Procedures, Hours, Etc.) NAME Solid & Hazardous -Waste Management Branch DHS FORM 1709 (11/79) Division of Health Services Solid & Hazardous Waste Management Branch DEPARTMENTOI-HLJ-MAN RESOIJRJCES--- Division of Health Services SARAH T. MORROW, M.D.. M.P.H. BUILDING 3 BLACK MOUNTAIN, N.C. 28711 September 16, 1980 Mr. Robert Wiseman Avery County Manager County Courthouse Newland, N. C. 28657 Dear Mr. Wiseman: HUGH H. TILSON.. M.D. This letter is written regarding the Avery County Landfill locate on - Brushy —Creek oa - in - AveryCounty,-- - - - - - Reference is made to correspondence dated May ro you from this office and the resulting letter of August 15, 1980 to this office from you. As you know from previous inspections of the Avery County Landfill, this site is not being operated in compliance with State Solid Waste Management Rules. Based upon an inspection on September 16, 1980, the following observations were made: 1) Solid waste received on -site was not being covered with six inches of soil. 2) Access controls have not been provided in order to prevent indiscriminate dumping of solid and/or hazardous waste on -site after the established operating hours of the land- fill. 3) Surface water is not being removed from the site in a controlled manner to prevent the production of leachate from the site. 4)- 0n-site erosion -and -off -site siltation is occuring_as a result of the lack of implementation of an erosion control plan to prevent soil from leaving the site.(Grading, final cover and establishing vegetative growth on the completed portions of this site should be completed prior to winter.) Mr. Robert Wiseman September 16, 1980 Page 2 5) At the present time the county is constructing a lift which upon completion will approximately reach the elevation +; .,l pl on -Fnr of brusny Creek Road. file exist "6 OPL 1this site establishes this elevation as the final elevation for this site. At the present rate of cell movement it would appear that the County will complete this lift within the next one and one half to two months. Any landfilling above the elevation of the Brushy Creek Road must first be approved by the Solid and Hazardous Waste Management Branch. As prescribed by State Solid Waste Management Rules and Branch policy (violations on a permitted site) it is my respon- sibility to notify the Branch Head of the Solid and Hazardous Waste Management Branch that Avery County has not complied with the schedule of correcting violations provided in correspond- ence of May 20, 1980 and addressed in correspondence dated August 15, 1980. It is necessary that the above mentioned Sincerely, Robert M. Apple District Sanitarian RMA/ dg h County Manager Avery County Courthouse ROBERT C. WISEMAN Box 42 NEWLAND, N. C. 28657 ' September 24, 1980 Phone 704-733-9366 s. SEP 29 DWU Mr. O. W. Strickland, Branch Head '\ZGT Solid and Hazardous Waste Management Branch \WASTE of the Environmental Health Section Division of Health Services Post Office Box 2091 Raleigh, North Carolina 27602 Dear Mr_. Strickland: It is with sincere appreciation tha I write this letter thanking you for your time and your copbern with respect to the Avery County Solid Waste Program. Rest 9,ssured that the governing board of Avery County and myself desire td'stay within legal boundaries and provide for the citizens of Avery County the best ash collection and disposal system possible.Ae ,.,M .,.� Z With reference -'to our conversation on September 23, I have informed the governing board. of our discussions and our agreement that: (1) You will notify me on or`beforeOctober 3,1980 if a variance to Federal Aviation policy concerning bird hazards can be grantedon behalf of Avery County; and (2) If no exception to thisA policy cal a�111'y5:be granted, an Administrative FTearing!,willb chedul'V for the earliest possible time. If this office ban ; be` -81 assl,i a ei, p ease �nqt: hesit° to to call. Thanking you again, I remain Sincerely, , c, /,� Robert CI Wiseman County, anager cc: Mr. E. T. Vance, Chairman - Avery County Board of Commissioners Mr. Robert M. Apple Department of Human Resources 5TATE—OF NBRTH CAROLINA -JAM-ES-B. HUNr.JR-- DEPARTMENT-OF-H-U-MAN RESOURCES Hums-H-H TILSON M. �OYERI iOli ECT Division of Health Services SARAH T. MORROW, M.D., M.P.H. SECRETARY � nnsaa October 10, 1930 Mr. Robert Wiseman Avery County Manager Box 42 Newland, NC 23657 Dear Mr. Wiseman: dCd 1 7 -.2 .._ _s .0 an airport letter of September 30, 1980, is granted. It is understood that the county is accepting all liability in the event the site is approved and that the full approval and permitting procedures should be followed in accordance with the "Solid Waste Management Rules". If you have any questions, please advise. Respectfully, 0. W. Strickland, Head Solid & Hazardous Waste Management Branch Environmental Health Section JCIL cc: : n . Robert M. Apple Avery County Courthouse County Manager ROBERT C. WISEMAN Phone 704-733-9366 Box 42 NEWLAND, N. C. 28657 Mr. 0. W. Strickland, Branch Head of the Environmental Health Section Division of Health Services Post Office Box 2091 Raleigh, North Carolina 27602 Dear Mr. Strickland: September 30, 1980 ---- � RAC EI_VFQ - o is21 OCT S 1U60 k� STE During the past sixteen months, Avery County has conducted an extensive search within Avery County for an acceptable and available location on which to establish a new sanitary landfill for Avery Co nty. Thi search has entailed countless hours on behalf of the County Manager's office, the Tax Supervisor's office, the Agricul- tural Extension Agency, the Soi Conservation Agency, the Agricultural Stabilization and Conservation office, the T nnessee Valley Authority, and numerous other agencies; i.e., the U.S. Forest Servic , etc. U i� to---the.excep4ional geographical and geological makeup of-Av_er_y_County, ou _ eff�rt�/ find a locattionhat would be _acceptable to the State and local governme have beenunstioeessrxl �_n our opinion, the location which is most acceptable is located—adla ent Ito our, ex;sting landfill site on Brushy Creek Road H _ wy. �1101. Ifaweve�;; rt�a:s closer`�thax�„rfi�Q0d4`�ee�=can,the Avery County Airport. This constitutes-ror�1-��iarzce,aith theE`ederal, Avatiori:Admrrstration's policy rela- tive to the proximi ' op` lari r Is-t alrpoY t s�:°y°te r ov e o this and on instructions from the Solid aizdjHazardousaate Maagemerrt Brarfci= of tenv�rozunental Health Section, Division of HealtT};Sefvioes, sttidies ere made, the results�docihnehted 'and were presented personally to Mr. Harold --bittle„ Chief off; the Airports! District ..Office ;in College Park, Georgia on Januar ;t28', 1980 1It' is ou� belie that in duY' isolateca situation, flex- ibility to the aforementareed!poltcy Yioulld e, allowabie I3owever none of the people contacted had the authority to allow for zany va�'inee �o _that' r Since the Federal Aviation Adminis,tiiti6i sites no otatutory authority which would indicate their jurisdiction over Tour �ff.ce; we would request that you examine the attached information and consider our situation on an individual basis with respect to the Federal Aviaption Administration's policy and al`lowr�.the proposed location to be permitted. Avery Cqunty will accept all liability which might occur as a result of the landfill being located within 5,000 feet of theairport•�.,, ?.fie feel sure that after reviewing our situation., you will agree that the Avery County Airport and the Avery County Landfill can co -exist in harmony, with no;,unusual threat imposed as a result of the proximity of the airport_to the landfill.,,' Thanking you in advance on `behalf of�,the people of Avery County for your cooperation and concern in this matter.,, Irremain Sincerely yours, l/ Robert C. Wiseman County Manager RCW/lld atchmts. -I� TESTING LABORATORIES, INC. ji_ I Testing - Inspection - Materials N c P. 0. BOX 21346 Lebo r,tor ie/ GREENSBORO, NORTH CAROLINA 27420 November 3, 1980 c/o Butler Associates, P . A. 12 Broad Street Asheville, North Carolina 28801 Dear Sirs Enclosed you will find copies of the boring logs for this site. These borings were made @ the location and depths established in the field by Butler Associates. Seven borings were made a depths ranging from 15 ft . to 50 ft . Rock was not encountered C any of the locations, however, groundwater was found in each boring C depths varying from 11 ft . to 42 ft . below the surface. In add ition to the boring depth and groundwater elevation the boring logs show the type of subsurface material encountered at each 5 ft. intervals of the boring depth. It has been a pleasure to serve you and we hope to be of additional service to you in the future. If there are any questions concerning these borings please contact us. Sincerely L . D . Barrier ST�kT-EC)F RTH—Ck-RC>tt- - JAMES B. HUNT, JR. DEPARTMENT OF HUMAN RESOURCES HUGH H. TILSON, M.D. n 1RECTOR SARAH T. MORROW. M.D., M.P.H. Mr. Robert Wiseman Avery County Manager County Court House Newland, N.C. 28657 Dear Mr. Wiseman: Division of Health Services REGIONAL OFFICE BUILDING 3 BLACK MOUNTAIN. N.C. 28711 November 10, 1980 Enclosed please find copies of my correspondence -of ---May- 20-, - 1980 and September 16, 1980 in which I made reference to the clo- sure of the Avery County Landfill. Also please note the enclosed inspections of April 28 and September 16. It has become apparent over the past few months that the Avery County Landfill is nearly completed; therefore, it is imperative that a decision regarding the closure of the landfill be made as quickly as possible. This office is requesting that you provide a schedule establishing a closure time -table in the near future. I am available to assist you regarding this matter. Please contact me if you have any questions. RMA/mr Enclosures 0 Sincerely, Robert M. Apple District Sanitarian N.C. DEPARTMENT OF HUMAN RESOURCES DIVISION OF HEALTH SERVICES Inspection Form for Sanitary Landfills Permit Number Name of Site County Location Signature of Person s Receiving Report Weather Conditions SIR: An inspection of your land disposal site has been made this date and you are notified of the violations, if any, marked below with a cross (X). 1. PLAN REQUIREMENTS Site Plan Approved Operational Plans Approved Plans Being Followed 2. SPREADING & COMPACTING 3. 4. 5. Waste Restricted to the _Smallest Area Practicable Waste Properly Compacted Proper Slope on Working Face COVER REQUIREMENTS Six Inches Daily Cover Two Foot Final Cover One Foot Intermediate Cover DRAINAGE CONTROLLED On -Site Erosion Off -Site Siltation Erosion Control Devices Seeding of Completed Areas Temporary Seeding WATER PROTECTION Evidence of Leaching Waste Placed in Water Surface Water Impounded Monitoring Wells Installed REMARKS: DATE NAME 6. ACCESS Attendant on Duty Access Controls (Gate, Chains) All Weather Road Dust Controlled 7. BURNING Evidence of Burning Fire Control Equipment Available 8. SPECIAL WASTES Spoiled Food Properly Handled Animal Carcasses, Abattoir Waste, Hatchery Waste, Etc., Properly Handled 9. HAZARDOUS WASTES ACCEPTED WITHOUT WRITTEN PERMISSION Type 10. VECTOR CONTROL Effective Rat Control Effective Fly Control Other Vector(s) Controlled 11. MISCELLANEOUS Blowing Material Controlled Directional Signs Operational Signs (Procedures, Hours, Etc.) Solid & Hazardous -Waste Management Branch DHS FORM 1709 (11/79) Division of Health Services Solid & Hazardous Waste Management Branch