0601_ROSCANS_1981

STATE OF NORTH CAROLINA
JAMES B. HUNT. JR. DEPARTMENT OF HUMAN RESOURCES
GOVERNOR
SARAH T. MORROW. M.D.. M.P.H.
SECRETARY WESTERN REGIONAL OFFICE
BLACK MOUNTAIN. N.C. 28711
February 6, 1981
Mr. Wallace Hughes
Mr. Grover Wiseman
Avery County Manager's Office
Avery County Courthouse
Newland, N.C. 28657
Gentlemen:
HUGH H. TILSON. M.D.
DIRECTOR
On December 26, 1980 I inspected the Avery County Landfill
on Brushy Creek— Road in Avery County, North -Carolina. As -you
know from our conversation that day the Avery County Landfill
is operating in violation of the following Solid Waste Manage-
ment Rules:
1. Operational plans 6hall be approved and followed, including
monitoring and reporting requirements specified for the site
(DHS Rule .0115 (1)).
2. Adequate on -site erosion control measures shall be
practiced (DHS Rule .0115 (6)).
3. Surface water shall be diverted from the operational area.
Solid Waste shall not be disposed of in water (DHS Rule
.0115 (11 & 12) (Evidence of leaching)).
4. Appropriate methods such as fencing and diking shall be
provided to confine material subject to be blown by the
wind in the area. At the conclusion of each day of
operation, all wind-blown material resulting from the
operation shall be collected and returned to the area by
the owner or operator (DHS Rule .0115 (18)).
As we discussed on December 26th, it is absolutely necessary
that this landfill be operated in compliance with State Rules.
This office realizes that in Avery County spring weather often
limits substantial earth moving progress until April and for this
reason the violations listed above are to be corrected by no
later than April 30, 1981.

Mr. Wallace Hughes
Mr. Grover Wiseman
February 6, 1981
Page 2
At the end of the period allowed for correction the site
will be re -inspected and any remaining or new violations shall
e noted.
Any violations of the "Solid Waste Management Rules" are
subject to administrative penalties or injunctive action
pursuant to G. S. 130-166. 21 E.
If I or this office can be of any service, please contact
me.
W_sef lly,
Robert M. Apple
District Sanitarian
RMA/mr
cc: Mr. Julian Foscue

BUTLER ASSOCIATES. P.A.
CONSULTING ENGINEERS
12 BROAD STREET
ASHEVILLE. NORTH CAROLINA 28801
ASHEVILLE
RONALD S. BUTLER. P.E.
HARLOW L. BROWN. P.E.
February 16, 1981
MORGANTON
CHESTER R. WEST, P.E.. R.L.S.
Mr. James M. Heaton, Chairman
Avery County Commissioners
Avery County Courthouse
Newland, North Carolina 28657
RE: Avery County Landfill - Project No. 80093
Dear Mr. Heaton:
This letter shall summarize our conversation of last week concerning the
status of the landfill project.
Approximately two weeks ago, Mr. Gordon Layton, the State's Engineer
in Raleigh who approves the plans, visited me and we reviewed the pro-
posed Avery County Landfill site in light of the soil borings I has per-
formed. As you know, both Bob Apple and myself felt the site was
marginal, at best, from a soils and environmental perspective; and Mr.
Layton's department's opinion is the final judgement on the site. As I
reviewed the soil boring results with him, his reaction was generally
negative because of two reasons:
1. The ground water table is very high
2. The soils are permeable; meaning a possible
contamination of the ground water table
As a result of this, I've cancelled my surveying until I receive a written
letter of conditional site approval (or disapproval) from Mr. Layton.
Certainly, the County does not want to spend money on a survey if the
State will not accept the site.
I've asked Mr. Layton to respond by March 5; your meeting which I will
attend so that we can discuss the entire project in detail.
I shall keep you advised as developments occur.
Very truly yours,
BUTLER ASSOCIATES, P.A.
Harlow L. Brown, P.E. Lee-- —Mr. Bob Apple

BUTLER ASSOCIATES. P.A.
' CONSULTING ENGiNEERS
i
e 12 BROAD STREET
ASHEVILLE. NORTH CAROLINA 28801
ASHEVILLE
RONALD S. BUTLER. P.E.
HARLOW L. BROWN. P.E.
MORGANTON
February 16, 1981
CHESTER R. WEST. P.E.. R.L.S.
Mr. Gordon Layton
Department of Human Resources
Division of Health Services
Environmental Health Section
Post Office Box 2091
Raleigh, North Carolina 27602
Dear Mr. Layton:
Pursuant to our meetings and telephone conversations, attached is a sketch
of the Avery County proposed landfill site (showing soil boring location)
and attached boring log. We placed the borings at random over the site
to give a good representation of the soil conditions. As I related earlier,
water was encountered in each hole at approximately the same elevation.
(See Section A -A on sketch) I know there is concern if this site is en-
vironmentally safe due to the high water table and generally poor soil
conditions, (mostly a micaceous silt or mica soil) .
I have advised the County that the site may not be approved based upon
these conditions, depending upon your final analysis of the soil conditions
and limitations.
The next Commissioner's meeting is the fifth of March at which time I plan
to be present for an update on the project. Would you review the attached
and advise as to your opinion on the suitability of the site prior to this
date. If it is not acceptable, I'll need to advise the Commissioners so that
immediate plans can be made to search for another site.
Your attention to this matter shall be appreciated.
Very truly yours,
BUTLER ASSOCIATES, P.A.
Harlow L. Brown, P.E. cc': Bob Apple
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- - -- - -----STATE OF NORTH CAROLINA - - -
JAMES B. HUNT. JR, DEPARTMENT OF HUMAN RESOURCES HUGH H. TILSON, M.D.
GOVERNOR
DIRECTOR
SARAH T. MORROW, M.D., M.P.H.
SECRETARY
P. 0. Box 2091 Raleigh 27602
March 13, 1981
Mr. Harlow L. Brown, P.E.
Butler Associates
12 Broad Street
Asheville, NC 28801
Re: Proposed Avery County Landfill
LccsL naiivw.
After reviewing the information submitted on the site
proposed for the Avery County Landfill I feel the soils on
site are marginal with respect to in -place permeabilities.
To adequately determine acceptable subsurface conditions,
more quantitative data is required. I have enclosed a
check sheet of information that will be needed if this site
is to be evaluated further:
If you need any additional information please contact
me.
GDB:ns
Enclosure
s
Sincerely,
Gary% D, bb, Geologist
Solid & Hazardous Waste Management Branch
Environmental Health Section

FIELD DETERMINATIONS
(✓j Standard Penetration - Resistance (Blow Count)
iv aactl
readings
❑ Other
LAB ANALYSIS
FO Particle Size Analysis
�✓ Hydrometer Method
❑ .. Sieve Method
- -- --- - __ - _ --
--Soil Moifltu ---* ^ -_
ie Curve
Soil
Classification •- USCS
Cation _ Exchange Capacity V- ( o �,
CN e-�wr e �,
❑
Piz re.c,. re��
❑
Other
REMOLDED SAMPLE Ov,_e or f
©
Saturated- HydraSic Conductivi y ��� V11\13_k_£r, At , .
Porosity
❑
Atterberg Determination (Plasticity Index)
Other
-------------
UNDISTURBED SAMPT.E a SHW_ HEL13Y�TUBE Cjrt e Or-
©
Saturated Hydraulic Conductivity, -e-
((
CY\0.��-r
�--�
LJ
� S
o�`
Volume Percent Water e�XCAV� �e `oW p�O VaseA
Total Porosity
❑
Other

BUTLER ASSOCIATES. P.A.
CONSULTING ENGINEERS
12 BROAD STREET
ASHEVILLE. NORTH CAROLINA 28801
(704) 258.21517 I I
ASHEVILLE
RONALD S. BUTLER. P.E.
HARLOW L. BROWN. P.E.
MORGANTON
CHESTER R. WEST. P.E.. R.L.S.
March 17, 1981
Mr. Wallace Hughes
Assistant County Manager
Avery County Courthouse
Newland, North Carolina 28657
RE: Avery County Landfill
Project No. 80093
Dear Mr. Hughes:
I have made an appointment through Miss Francis Banner to meet with the
Board of Commissioners on April 6, 1981 at your meeting to discuss the
above reference project. By copy of this letter to Mr. Bob Apple, I'm
asking him to be there with me.
At this point, based upon soil tests and analysis, in my opinion, I do not
think the site under consideration for the new landfill will be environmentally
acceptable to the State. I also believe this site has use limitations of ap-
proximately 3 - 6 years from some preliminary figuring I have performed.
Although the State can only act on an official plan submitted, my con-
versations and correspondence with them indicate either disapproval or
operation under very strigent restrictions, such as sophistica-ced drainage
system, monitoring wells, ground water analysis, further soil analysis,
and even hauling in of an impervious soil material for cover.

-2-
I strongly suggest the County move ahead on two actions.
1. Work with Bob Apple in extending the existing
site's use for at least 6 months
2. Search for a new long-range site near Newland
I will be prepared at the April 6 meeting to elaborate on all of this.
Very truly yours,
BUTLER ASSOCIATES, P.A.
Harlow L. Brown, P.E.
HLB : sr
cc: Mr. Gordon Layton
Mr. Bob Apple

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
--Smal est-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
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.)
NAME
Solid & Hazardous -Waste Management Branch
Lino FORM 1709 (11/79) Division of Health Services
Solid & Hazardous Waste Management Branch

ROTHROCK ENGINEERING,
Telephone • 704/754-6789
Route No ej wir - - no ,- .- —
April 18, 1981
Ms. Francis Banner
Clerk, Avery County
P. 0. Box 638
Newland, N. C. 28657
RE: Avery County Land Fill
Dear Ms. Banner:
r., nu+uvn ,cv, nnvuy r.� . • t d �; .:._ n;
N.C3476
SC3817
Cbnn.7933
Tenn.10,651
Penn 016014
Va.8324
Xy 7930
LAL 15298
N. Q RLS L•16M
CONSUMING ENGINEERS
Meek — Eke — Cbf
lSUD otvttton, Sewp, Wate►
Per your request I am pleased to submit a proposal to prepare the necessary
plans for your present Land Fill located on property owned by Harris Mining
Co.
I have talked to Mr. Bob Apple and determined that the following work would
be required_:
1- Operational plan for continued use of the existing site for the remainder
of its useful life.
2- Final elevation of the Land Fill.
3- Method of controlling erosion.
4- Method of controlling surface water.
5- Estimated useful life.
My proposal includes preparing the necessary report to cover all of the above
as well as a topo of the existing site. It does not include:
1- Topo of any other areas including borrow areas.
2- Sub -surface investigation or soil analysis.
3- Waste volume survey.
I would coordinate any soil work which might be required with a qualified
testing lab with the county paying the lab. It is my understanding some sub-
surface work has already been done. If these reports are available I would
review them to see if any additional soil work would be required.
The total lump sum cost to. perform all of those task set forth would be
$3,765.00. Payment would be 90% within 10 days following submission to the

Page 2 '
April 18, 1981
Re: Avery County Land Fill
r W '
State for approval with the 10% balance due 10 day
Should you accept my proposal I would have the rep
repo
s
following State approval.
ready for submission
otificat i _
proceed no later than April 28,1981. Also it will be necessary for the county
to provide me with any reports I am to use and the waste survey no later than
My 12-1 addition I w 11 need authorization to contract with a testing
lab, if such is required, no later than May 6,1981. If the county prefers
they may_make--the--arrangements- with -a suitable lab should--soil--testing be- -
required. I will also need the full cooperation of land fill personnel as
well as county officials which might be involved in locating suitable borrow
if such is not readily available from your present borrow area.
If you have any questions or need any additional information please do not
hesitate to call me. As I told you on the phone I will be out of town until
at least Wednesday April 22,and I may not be back into the office until the 27th.
ROTHROCK ENGINEERING
P. /�� "OC�L, P. E"
P. Marion Rothrock, P.E. CSY
President
THE AVERY COUNTY BOARD OF COMMISSIONERS ACCEPTS THIS LETTER PROPOSAL AND
AUTHORIZES ROTHROCK ENGINEERING TO PROCEED WITH WORK.
Wallace_Hnghes, omm sioner and
,Assi`ant Copnty Manager
Ls M. Heaton, Chairman
ry County Board of Commissi ners

Jver y county lRoard 0/ (fomm.imioner-4
PO. 638 neculand, I'/. (f 28657
704- 733-5186
J. M. Heaton, Chairman
Vi�allace$ughee—Vice Chaurm n - -
Grover Wiseman
Newland E. Johnson
AAl 't C"'t 05L Pahi.'
Mr. Bob Apple, District Sanitarian
N. C. Department of Human Resources
Divison of Health Services
Western Regional Office
Building 3
Black Mountain, N. C. 28711
Dear Mr. Apple:
Per your letter of February 6, 1981 to Wallace Hughes and your visit on April
6;--1981 -afi the --Regular Session Meeting of the Avery County Board of Commissioners
please be advised that the County intends to correct the 4 violations you cited
in your letter, namely: 1) Operational plans shall be approved and followed,
including monitoring and reporting requirements specified for the site; 2)
Adequate on -site erosion control measures shall be practiced; 3) Surface water
shall be diverted from the operational area; and 4) Appropriate methods such
as fencing and diking shall be provided to confine material subject to be blown
by the wind in the area. At the conclusion of each day of operation, all wind-
blown material resulting from the operation shall be collected and returned to
the area by the owner or operator.
As of today, the Board of Commissioners has decided to contract with Rothrock
Engineering of Lenoir to perform the following: 1) Operational plan for -the
continued use of the existing site for the remainder of its useful life; 2)
Final elevation of the landfill; 3) Method of controlling erosion; 4) Method
of controlling surface water; and 5) Estimated useful life. Mr. Rothrock in
his proposal, proposes to have the necessary engineering report to the State of
North Carolina no later than June 22, 1981, for their approval.
Therefore, the County of Avery is hereby requesting a 6 months extension from
May 1, 1981 to have the necessary report prepared and the landfill brought up
to state standards, as well as closing out the existing landfill and opening a
new landfill. Mr. Apple, as you are well aware, Avery County has experienced
difficulty in their long search for a new landfill site which will come up to
state standards without having to go through condemnation proceedings. Hopefully,
due to your meeting this month with Grover Wiseman and Wallace Hughes we have
possibly found a new site that would meet with the approval of the state with-
out having to pursue condemnation proceedings.

Page 2
BobApple, District Sanitarian
April 27, 1981
The Board of Commissioners greatly appreciate all the help and consideration
you have given Avery County in the past and will appreciate any help you can
give in the future.
rely,
M. Heaton, Chairman
v County Board of Commissioners
JMH / fhb
Copy: 0. W. Strickland, Head
Solid & Hazardous Waste Management Branch
Environmental Health Section
Department of Human Services
P. 0. Box 2091
Raleigh, N. C. 27602

Mr. J. M. Heaton
Page 2
September 9, 1981
An appeal of this assessment of an administrative penalty may be made
within thirty(30) days after receipt of this notification. A request for
an administrative earing must be su matted in writing. State the legal
and factual. issues in dispute and/or state the reasons why the amount of
the penalty shc»►1ci be. rlerreasPrl when a hearin-is requested, it shall
be held in accordance with the rules contained in 10 NCAC 10B .0200, a copy
of which is enclosed. Payment of the penalty may be tendered in conjunction
with a hearing request and in such case, the payment will be conditional
upon final action.
If any administrative penalty, as finally assessed, is not paid within
sixty(60) days after receipt of notice of penalty assessment where no hearing
was requested, or within sixty(60) days after service of a written copy of
the decision where a hearing was requested, the Secretary of Human Resources
shall request the Attorney General to commence an action to recover the amount
of the assessment.
Respectfully,
.`W. Strickland, Head
Solid & Hazardous Waste Management Branch
Environmental Health Section
OWS : sms
Enclosures
cc: Mr. Robert M. Apple

STA E OF NORTH CAROLINA
JAMES D. HUNT. JR. - DEPARTMENT OF HUMAN RESOURCES
GOVERNOR
Division_ of Health Services
SARA.4-T�-
SECRE ART
P. O. Box 2091 Raleigh 27602
September 9, 1981
Mr. 0. W. Strickland, Head
Solid & Hazardous Waste Management Branch
Division of Health Services
P. 0. Box 2091
Raleigh, NC 27602
Dear Mr. Strickland:
Ronald H. Levine, M.D.
Acting Director
This letter is written regarding the Avery County Landfill located on
Brushy Creek Road, Avery County, N.C.
Please accept this letter as notification of the continual violation of
State solid waste management rules by Avery County in the daily operation of
this site. As prescribed by Branch policy it is my responsibility to notify
you that Avery County has failed to correct deficiencies in State solid waste
management rules denoted on two consecutive inspections of the Avery County
Landfill. Enclosed please note the following correspondence establishing a
compliance schedule to correct these violations dated February 6, 1981 to
Mr. Wallace Hughes, Assistant Avery County Manager; April 27, 1981 to myself
from :N1r. J. M. Heaton; May 15, 1981 from myself to Mr. Heaton, and July 17,
1981 from Mr. Wallace Hughes to myself. The following items are noted as
repeated violations on the Avery County Landfill and have not been met by the
compliance date of August 31, 1981, as granted as a result of Mr. Hughes' letter.
I. ;adequate on -site erosion control measures shall be practiced
(DHS Rule .0115(6)).
2. No off -site siltation will be allowed (DHS Rule .0115(7)).
it is provided in the operational plan approved by the Raleigh office that
the on -site and off -site erosion presently occurring on this landfill be prevented
through the use of re -sloping and stabilizing of all side slopes and hydroseeding
with appropriate long term vegetation. This stabilizing and seeding was not
provided as of September 1, 1981.
Respectfully,
Robert M, Apple, District Sanitarian
Solid & Hazardous Waste Management Branch
RMA:ns 810 Westminister Circle, Lenoir, NC 28645
encloOlMian
i
cc:. Heaton
M. Foscue, III

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-Prac-ticable
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
-Evidenc_e-o_f-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