HomeMy WebLinkAbout5701_ROSCANS_2001Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.: (828)349-2100, Fax: (828)349-2185
September 28, 2001
Mr. James C. Coffey, Head
Permitting Branch
DENR Solid Waste Section
401 Oberlin Road
Raleigh, NC 27605
RE: Plan Approval
Post Closure Activities
Old Franklin Landfill
Dear Mr. Coffey,
The following activities and site plan (attached) are submitted for plan approval of post
closure activities at the Old Franklin Landfill.
A local aero modelers club (club) is currently using a portion of the Old Franklin Landfill
as an airstrip. Approval for your office in a letter granted this activity dated March 3,
2000 (attached). Subsequent to your approval, the club and Macon County entered into a
five-year lease for use of the area (attached).
Due to insufficient rains during the summer months, the club has run an irrigation line to
the area for watering of the airstrip. The system consists of a 3/4in PVC line that runs
above ground from an off -site water connection to the airstrip (site plan attached). Along
the western boundary of the airstrip, there are 5 hose bibs in -line to connect hoses and
sprinklers. A local landscaper has instructed the club that the area will need to be
watered three times per week during the dry season. The club will perform all watering
of the area.
Additionally, the club has three structures at an adjacent break area (see site plan). These
consist of a shed with picnic tables, a small storage shed, and a port -a -potty. Above
ground 3/4in PVC water lines have also been run to hose bibs at these facilities.
If you need any additional information or have further questions or concerns regarding
approval of the water line addition to the post closure activities at Old Franklin landfill,
please contact me at your convenience. Thank you for your attention to this matter.
Sincerely,
A
Michael C. Stahl
Macon County Solid Waste Superintendent
cc.: Jim Patterson
Mark Poindexter
NORTH CAROLINA
MACON COUNTY
THIS AGREEMENT, Made and entered into as of the I" day of September, 2000,
by and between Macon County, a body politic and political subdivision of the State of North
Carolina, party of the first part, and Macon Aero Modelers Club Number 3114, North Carolina,
a charter club of the Academy of Model Aeronautics, °o P. 0. Box 360, Otto, North Carolina
2S763, party of the second part,
WITNESSETH
W IEREAS, party ofthe first part is the o�� ner and.'or is in control of the lands kno« n
as the old Town of Franklin Landfill. lying, and being in Franklin Township. Macon Count\,. North
Carolina. and
WHEREAS, said property has formerly been used as a Macon Count%- Landfill, which
has been permitted by the State of North Carolina under Permit No. �7-01, and
WHEREAS, the State of North Carolina Department of Environment and Natural
Resources. Division of Waste Nlana_,ement has heretofore approved the use ofthe subject premises
as an airfield for model airplanes. so long as such use does not Oolate any post -closure conditions
imposed b}- the Division of Waste Management thereon; and
W'HEREAS, the property has heretofore been filled and covered pursuant to the
requirements of the Division of Waste 11anagement and is in such a condition as will allok% its use as
an Aero `Modelers Airport; and
WHEREAS, party of the second part has requested permission to use said premises
as an airport for its members and for the attending general public, and has indicated its willingness
to abide by such terms and conditions as are imposed upon said use by Macon County, and by the
Division of Waste Management as aforesaid;
NOW THEREFORE, for and in consideration of the premises and the further sum of
One Dollar this day paid by party of the second part unto party of the first part, the receipt of which
is hereby" acknowledged, the parties hereto do hereby agree that second part shall have the right to
use the premises hereinafter described as an aero modelers airport and for all purposes associated
therewith, but on the following terms and conditions, which said terms and conditions are expressly
agreed and consented to by second part:
1. This A<,reement shall begin on the l" day of September. 2000 and shall exist
through and including the 3 1"day of August of the year 200-5, unless sooner terminated as hereinafter
provided
Second parties use ofthe premises shall be subject to and in conformity with all
of the regulations and requirements established by the North Carolina Department of Ens ironment
and Natural Resources, Division of\Vaste \lana`,ement, in accordance «ith the terms set forth in the
letter dated `larch 3, 2000, addressed to Larrn Lackey, Macon County Solid Waste Director. a copy
of % hich is attached hereto.
3. Second party shall maintain its approved status as a charter club member of the
Acadeniv of `lodel Aeronautics
4. The premises subject to this agreement may be used only by members of the
Macon Aero modelers Club #311 1 and its Quests and invitees.
5. Only members may be allowed upon and permitted to use the runway portion of
the leased premises. Guests may be permitted upon the adjacent grassed areas.
6. Second party shall maintain a padlock which is interconnected to the County's lock
on the gate to the premises. At no time shall the fate be left open unless a member of second party
is present at the site.
7. The site shall not be used for aeromodeling purposes unless there are at least two
(2) members of second party personally present.
S. Vehicular traffic other than aeromodeler planes, shall be permitted only on the
existing entrance road and the gravel parking area which is presently in existence upon the site and
as is shown on the site plan hereinafter referenced.
9. Second party acknowledges that the site has previously been utilized as a landfill
site and that methane gas is being generated from the decomposition of buried waste at the site.
Second party shall not permit smokin<, of any sort or any form of fire present at the site
10. Second party shall maintain the leased premises in their entirety, including, the
cuttin<, of grass. maintenance of the road and parkin<, area, including addition of gravel Mien
necessary.
1 1. Party of the first part reserves the right to maintain other portions of the site in
accordance with the requirements of the forth Carolina Division of Waste Nlana�,,ement
l?. Second party shall not make any improvements to the site which are not first
Aproved in writing by first party, and in no event shall any improvements be anchored to the ground
so that the surface of the cover is penetrated.
13. Second party shall and does hereby agree to hold first party harmless from any
loss, liability, damage, costs or expense which might arise by virtue of the use by second party of the
premises.
14. Second party shall carry liability insurance with limits of $2,500,000.00 for each
occurrence and $5,000,000.00 maximum for general liability insurance and products comp/ops
aggregate insurance. First party will be named as a co-insured in connection with all such insurance
and shall be notified no less than thirty (30) days prior to the cancellation of any insurance policy.
15. First party reserves the right to terminate this a,reement for any cause or without
cause upon thirty (30) days written notice to second party, at the address above set forth.
16. The premises hereby subject to the terms of this agreement are specifically
Identified upon the site plan made by McGill &: associates Emzineering entitled "Landfill Cap Repair
and Reuse Plan, Franklin Landfill, Macon County. North Carolina" under date ofJune. 1999. Job No.
931-11.001
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals,
and or have caused these presents to be executed in their respective corporate capacities. bv their- duly
authorized representatives, as of the day and near first above set forth.
Macon County
:fittest:
C r ty, any ger, er to the Board
(Or
C� 0 U---\)
j
lrman. Board of Commrssloners
:Macon aero Modelers Club 93114 North Carolina
.Aia March 3, 2000
NCDENR
Mr. Larry Lackey
Macon County Solid Waste Director
5 West Main Street
JAMES B. HUNT JR• GOVERNOR Franklin, North Carolina 28734
BILL HOLMAN
SECRETARY
NORTri CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
Ref: Cap Maintenance and Post -Closure Use at the Closed Macon County Landfill,
Permit No. 57-01
Mr. Lackey:
This letter in response to your request to perform cap repairs and install
WILLIAM L. MEYER
DIRECTOR additional materials so that the old landfill can be used by the local radio -controlled
airplane club.
The cap maintenance activities are hereby approved in accordance with the
post -closure conditions of the Closure Letter for the referenced landfill, dated July 24,
1996. Specifically, Condition Number 2, Management of Surface Water and
Condition Number 4, Final Cover System require the proposed maintenance activities
at the closed landfill.
The proposed use of the closed landfill as an airfield for model airplanes is
approved in accordance with Condition Number 5 of the Closure Letter. As stated in
that condition, "Proposed post closure uses shall not violate any post closure
conditions found in this letter. In particular, plans for post closure uses shall avoid
possibilities for the entrapment of methane gas. Routine landfill gas monitoring
within structures and at the facility boundary may not be sufficient to detect
potentially dangerous situations." Macon County is responsible for post closure
maintenance of the facility and the Solid Waste Section will address any concerns to
the County if any problems arise from model airplane club activities. The County
should also educate club members to the possible dangers related to methane gas
generated by the degradation of waste within the landfill. Also, it should be
emphasized that the proposed use shall not interfere with the ongoing water quality
assessment and possible corrective action at the referenced landfill.
If you have any questions or comments concerning this letter, please contact
me at (919) 733-0692, extension 255. For any questions regarding compliance,
please contact Jim Patterson at (828) 251-6208.
Sincerely,
CCCl/Yn
mes C. Coffey, H ad
ermitting Branch
Solid Waste Section
cc: Tim Jewett
Brent Rockett
1646 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1646
401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605
Jim Patterson PHONE 919-733-4996 FAX 919-715-3605
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North Carolina
Department of Environment and Natural Resources • '
Division of Waste Management NCDENR
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Interim Director
October 9, 2001
Mr. Michael C. Stahl,
Solid Waste Superintendent
Macon County
109 Sierra Drive
Franklin, NC 28734
Re: Post Closure Activities, Macon County Landfill, Permit Number 57-01
Dear Mr. Stahl:
This letter is in response to your letter dated September 28, 2001, requesting a
modification of the approved post -closure plan for the referenced landfill.
First, it must be understood by all parties that gay revision to the approved post -closure
plan must be approved by the Solid Waste Section(Section) before any changes are made at the
landfill. As stated in the March 3, 2000 approval letter, the County as the owner/operator of the
landfill is ultimately responsible for the landfill and compliance with all regulations.
One of the primary considerations in evaluating post -closure uses, is the proposed
activity's potential to increase the migration of contaminated ground water from the landfill.
Water moving through the landfill cap into the waste and downward into the ground water is the
primary "driving force" for contaminated ground water to migrate from a landfill. Therefore, it is
absolutely imperative that if the landfill cap is irrigated, it must be conducted in such a manner
that the water does not enter the landfill through the cap.
The Section discourages any continuous irrigation at landfills, particularly at unlined
landfills with existing ground water contamination. However, if irrigation is required to maintain
vegetation at the landfill, the Section will consider the activity. Accordingly, please submit, for
review by the Section, the following information:
• a water balance calculation to demonstrate that the amount of water proposed for
irrigation on the landfill cap will not move through the cap into the landfill.
• an operations plan that ensures that over -watering will not occur in accordance with the
results of the water balance
• a contingency plan for emergency water shut-off if the irrigation line would break due to
accident or freezing
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: 919-733-0692 \ FAX: 919-733-4810 \ Internet: www.enr.state.nc.us/
AN EQUAL OPPORTUNITY \ AFFIRMATWE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER
Mr. Stahl
October 9, 2001
Page 2
In addition, any structures which could potentially allow the accumulation of methane
gas, must be adequately monitored to detect potentially dangerous situations.
If there are any questions, please contact me @ (919) 733-0692, extension 256.
incerely,
aiYn&
ames C. Coffey, Acti ief
Solid Waste Section
cc: Jim Patterson
Mark Poindexter
Landfill Gas Measurements Field Worksheet
Old Franklin Landfill - Macon County North Carolina
Name of Person Taking Readings: Chris Stahl Date: 12-06-01
Weather Conditions: Clear, cool, low humidity Ambient Temp: 55 C
Atmospheric Pressure: 27.9 in of Mercury
Gas Monitoring Equipment: Land-Tec GEM 2000 Serial #: GM05480
Factory Calibration Date: April 2001 Field Calibration 50% Methane: 12-06-01
C,ac RPariinns RPM WnrkShPPt
Well or,,
F adin,gs
Time
%LEL
"/.CH4 -
%GOz
%02 '
Probe
Probe ID
PressureNacuum'
MW-2
Stable
13:10
00.0
00.0
0.4
20.5
0.02
MW-3
Stable
13:35
13
0.7
13.2
3.4
0.02
MW-4
Stable
15:01
00.0
00.0
00.0
21.6
0.00
MW-5
Stable
14:27
57
2.6
3.0
17.8
0.00
MW-6
Stable
14:01
00.0
00.0
00.0
21.3
0.00
MW-7
Stable
14:39
00.0
00.0
00.0
21.2
0.00
MW-8
,Stable
13:23
00.0
00.0
00.0
20.8
0.00
GMP-12i
Stable
14:30
758
37.9
28.4
2.7
0.10
GMP-12s
Stable
14:32
>1000
56.3
34.5
0.6
0.08
GMP-13d
Stable
13:45
948
47.4
32.4
0.0
0.30
GMP-13i
Stable
13:47
>1000
51.6
28.8
3.3
0.14
GMP-13s
Stable
13:50
>1000
59.7
38.6
0.1
0.18
GMP-14d
Stable
14:14
26
1.3
2.8
5.1
0.20
GMP-14i
Stable
14:12
86
4.3
15.2
5.8
0.18
GMP-14s
Stable
14:09
2
0.1
8.7
12.3
0.01
GMP-15d
I Stable
14:46
00.0
00.0
5.4
15.0
0.00
GMP-15i
Stable
14:48
00.0
00.0
6.5
14.8
0.00
GMP-15s
Stable
14:50
00.0
00.0
4.5
17.3
0.00
GMP-16i
Stable
13:55
>1000
58.0
36.3
0.6
0.12
Macon County Solid Waste
Old Franklin Landfill
Permit # 57-01
DATE: January 3, 2002
Landfill Gas Pilot Trench
Landfill Gas Monitoring
GMP-13-s,i,d
Well or,
Probe IQ
Readings
Time
%LEL
/oCH4
"/oCOz
%O z_
Probe,
PressureNacuum
GMP-13d
Stable
11:06
960
48.0
32.1
0.2
NR
GMP-13i
Stable
11:08
18
1.0
0.7
19.2
NR
GMP-13s
Stable
11:10
3
0.2
0.6
19.9
NR
DATE: January 9, 2002
V611 or.,
Probe ID
Readings
Time
%LEL
%CH4
%CO2
%O2',
Probe`
PressureNacuum'
GMP-13d
Stable
14:38
>1000
50.6
32.9
0.4
0.12
GMP-13i
Stable
14:40
216
10.8
7.2
16.9
0.00
GMP-13s
Stable
14:43
0
0.0
0.3
20.6
0.00
DATE: January 16, 2002
Well;or
Probe ID
Readings
Time`_
%LEL
%CH4
%COZ ""
%O2 ;
�Probe-
PressureNacuum'
GMP-13d
Stable
9:43
812
40.6
26.9
2.7
NR
GMP-13i
Stable
9:45
18
0.9
0.7
18.0
NR
GMP-13s
Stable
9:47
14
0.7
1.8
18.5
NR
DATE:
We11 or
Probe ID
Readings,
- Time,,
%LEL" "
%CH4
%CO2"
%02
Probe- "
PressureNacuum'
GMP-13d
Stable
GMP-13i
Stable
GMP-13s
Stable
DATE:
:'Well or "
Probe ID`
Readings
Time
%LEL
%CH4 ,;
%COZ
%02-;
Probe'
PressureNacuum"
GMP-13d
Stable
GMP-13i
Stable
GMP-13s
Stable
DATE:
Well 'or ;_
Probe ID.
Readings
Time,
%LEL
%CH4
%COZ
%OZ
Probe
PressureNacuum'
GMP-13d
Stable
GMP-13i
Stable
GMP-13s
Stable
DATE:
Well or =
Probe Ili
Readings
Time
%LEL
"/oCH4
%COZ
%OZ
Probe'
PressureNacuum
GMP-13d
Stable
GMP-13i
Stable
GMP-13s
Stable
North Carolina
Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Interim Director November 21, 2001
Mr. Larry Lackey, P.E.
Macon County Director of Engineering and Public Works
109 Sierra Drive
Franklin, N.C. 28734
ern
NCDENR
Re: Modification of Water Quality Monitoring Requirements - Old Franklin Sanitary Landfill
(Permit # 57-01)
Dear Mr Lackey:
This letter will provide documentation of previous discussions between the Solid Waste Section and Mr.
Jim McElduff of Altamont Environmental, Inc. concerning the modification of monitoring requirements
at the referenced landfill. Previously on behalf of Macon County, Mr. McElduff provided information
that a number of monitoring wells were redundant and appeared to be improperly located to provide
accurate monitoring information at the facility. Consequently it was agreed upon that a select group of
wells could be removed from semi-annual monitoring requirements.
The following seven monitoring wells are conditionally approved to be removed from semi-annual
monitoring requirements: MW-2, MW-4, MW-5, MW-6A, MW-7A, MW-8, and MW-9. However, they
must be sampled on a biennial basis, and for purposes of determining groundwater flow direction, water
levels should be measured on a semi-annual basis. This modification was allowed to become effective
with the most recent sampling event.
The Solid Waste Section reserves the right to reinstate semi-annual monitoring requirements for these
wells if the need arises.
If you have any question, please call me at (919) 733-0692, extension 257.
Sincerely, C�
arry RAe
Environmental Compliance
Solid Waste Section
cc: Phil Prete - Head, Filed Operations Branch
Brent Rockett - Western District Supervisor
Jim Patterson - Waste Management Specialist
Jim McElduff - Altamont Environmental, Inc.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: 919-733-0692 \ FAX: 919-733-4810 \ Internet: www.ennstatemc.us/
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INFORMATION COPIES
TO: -3 1N\ GO
EPA Form 1300-6 (7 72)
revised 6129101
UNIT
TYPE check all that apply to this audit
Lined
CDLF
Transfer
HHW
MRF
Incin
COUNTY: Macon
MS W LF
PERMIT OR RECORD NO.: 57-01
Closed
X
Tire
FIRM
SLAS
YW
Compost
MSWLF
Monofill
FILETYPE: COMPLIANCE
LCID
TireT&P/
SDTF
T&P
MWP
Industrial
Collection
Landfill
STATUS OF PERMIT: Active
FACILITY COMPLIANCE AUDIT REPORT
Date of Inspection: 11/16/01 Date of Report: 11/19/01 Date of Last Inspection: 07/25/01
FACILITY NAME AND ADDRESS:
Macon County Municipal Solid Waste Landfill
State Road 1325
Franklin, NC 28734
FACILITY CONTACT NAME AND PHONE NUMBER:
Chris Stahl
Telephone: 828-349-2100
FACILITY CONTACT ADDRESS (IF DIFFERENT):
Chris Stahl
Macon County Solid Waste Department
109 Sierra Drive
Franklin, NC 28734
AUDIT PARTICIPANTS:
Jim Patterson, N.C. Solid Waste Section
PURPOSE OF AUDIT:
Post closure inspection of municipal solid waste landfill.
Chris Stahl, Macon County Solid Waste
Department
VIOLATIONS NOTED (citation and explanation):
(1) The Macon County Solid Waste Landfill is operating in violation of 15A North Carolina
Administrative Code 1313 .0503(2)(a)(ii) in that methane gas has exceeded the lower
explosion limit at the facility property boundary. (Reference: Notice of Violation letter
from Mark Poindexter to Macon County dated October 26, 2001.)
(2) There are other compliance issues relevant to groundwater contamination at this landfill
site. (Reference: Notice of Violation letter from Mark Poindexter to Macon County
dated October 26, 2001.)
COMMENTS /SUGGESTIONS:
(1) The two issues referenced in the comments/suggestions section of the July 25, 2001 audit
report have been addressed/corrected.
(a) The trees and shrubs have been removed from the landfill cap and the area has
been mowed.
(b) The water line used to water the model airplane airstrip has been disconnected
from the water supply.
Please contact me if you have any questions or concerns regarding this inspection report.
_(signature) Phone: 828-251-6784
J es E. Patterson, Regional Representative
Delivered on I - I i - V (date)
by_hand delivery _X_ US Mail _ e-mail Other(specify)
AC-D-ENR
NoF"m CARou" OxPAxrmzw or
ENVIRONMENT MO NATURAL RESOURCES
Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:(828)349-2100,Fax: (828)349-2185
November 14, 2001
James E. Patterson
Waste Management Specialist
DENR Solid Waste Section
852 Merrimon Avenue
Asheville, North Carolina 28804
Re: Facility Compliance Audit Report
Old Franklin Landfill Permit # 57-01
Dear Mr. Patterson:
This letter is in response to a facility audit of the Old Franklin landfill on July 25, 2001.
There were no violations noted in your report. There were two items, however, listed in
the COMMENTS/SUGGESTIONS section of the report.
Item (1) addressed our need to cut down the trees and shrubs that have begun to grow on
the landfill. The larger vegetation has been cut and removed from the landfill. Further,
we have purchased a rotary mower for our tractor and bush -hogged the landfill.
Item (2) addressed a water line that was run to an airstrip utilized by a local model
airplane club. On September 28, 2001, a letter was sent to Jim Coffey and copied to
Mark Poindexter and yourself asking for plan approval of the water line. A letter to my
office from Jim Coffey dated October 9, 2001 listed his requirements for the water line to
remain on the landfill. The county and myself decided that we were not willing to invest
the man-hours to developing or overseeing an operational plan required to keep the water
line in place. Therefore, on October 22, 2001, I spoke with Jim Steeley, president of the
Aeromodelers Club and instructed him to remove the water line. Subsequent to that
conversation, the club has disconnected and removed the water lines. Further, the water
line has ever been used to water the site.
Please contact me at your convenience if you have any additional questions or concerns
regarding the facility audit report.
Sincerely,
Michael Chris Stahl
Macon County Solid Waste Superintendent
Cc: Brent Rockett
C- revised 61201n t
UNIT TYPE check all t,_ , apply to this audit
Lined
CDLF
Transfer
HHW
MU
Incin
COUNTY: Macon
NISWLF
PERMIT OR RECORD NO.: 57-01
Closed
x
Tire
FIRM
SLAS
YW
Compost
MSWLF
Ntonofill
FILE TYPE: COMPLIANCE
LCID
TireT&P/
SDTF
T&P
MWP
Industrial
Collection
Landfill
STATUS OF PERMIT: Closed
FACILITY COMPLIANCE AUDIT REPORT
Date of Inspection: 07/25/01 Date of Report: 08/06/01 Date of Last Inspection: 02/07/01
FACILITY NAME AND ADDRESS:
Macon County MSW Landfill
State Road 1325
Franklin, NC 28734
FACILITY CONTACT NAME AND PHONE NUMBER:
Larry Lackey. Macon Col_Inty Solid Waste Dit-ector
Telephone: 828-349-2164
FACILITY CONTACT ADDRESS (IF DIFFERENT):
Larry Lackey, Director
Macon County Solid Waste Department
109 Sierra Drive
Franklin. NC 28734
AUDIT PARTICIPANTS:
Jim Patterson represented the N.C. Solid Waste
Section
PURPOSE OF INSPECTION:
Post closure inspection of municipal solid waste landfill.
VIOLATIONS NOTED (citation and explanation):
None
Chris Stahl represented the Macon Count"
Landfill
COItNIENTS /SUGGESTIONS:
( I) Cut trees and shrubs that are beginnin` to grow o i landfill.
(2) A water line has been run to the airstrip used by the Model Airplanes Club. It appears that the water
line has been run to this area to water the grass. A request for this activity has not been submitted to
or approved by the Solid Waste Section. Please address this issue.
Please contact me if you have any questions or concerns regarding this inspection report.
(signature) Phone: 828-251-6784
WY
Jaes E. Patterson, Regional Representative • m•
Delivered on _August 6, 2001_(date) A+0��
by hand delivery _X_ US Mail _ e-mail _Other(specify) NCDENR
NORTH CAROU" OEPARTHEHT OF
ENVIRONHENT AND NATURAL RESOURCES
North Carolina
Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Interim Director
November 2, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Larry Lackey, Jr., P.E.
Macon County Director of Engineering and Public Works
109 Sierra Drive
Franklin, N.C. 28734
./
4��
NCDENR-
CA,
Re: Notice of Violation and Other Compliance Issues - Old Franklin Sanitary Landfill (Permit
457-01).
Mr. Lackey,
Notice of Violation — Landfill Gas
Pursuant to 15A N.C.A.C. 13B. 0503 (2) (a) (ii) Macon County is required to prevent the
migration of explosive gases in concentrations greater than the explosive limit of methane at the
Old Franklin Landfill facility property boundary. Data collected at the site confirm the presence
of methane in excess of the regulatory limit for the past several months. Macon County is in
violatiori of this rule in that the above requirements have not been initiated.
Based on the foregoing, Macon County is hereby ordered to comply with 15A N.C.
Administrative Code 13B .0503 (2) (a) (ii) by implementing a landfill gas remediation system that
includes measures designed to contain the landfill gas within the property boundary of the landfill
facility. Macon County is required to implement a landfill gas remediation system within 60 days
and notify the Division immediately afterward, in writing, that the system has been implemented.
Failure to perform the above actions within 60 days of receipt of this Notice may result in
additional enforcement actions. Pursuant to N.C. General Statlite 130A-22(a) and 15A N.C.
Administrative Code 13B .0701 - .0707, an administrative penalty of tip to $5000.00 per day may
be assessed for violations of the Solid Waste Management Rules or Law.
Other Compliance Issues
In addition, please address the following issues:
I. Area Water Resource Use
Based upon the information contained in the September 7, 2001 letter from Altainont (subject:
water resource use in the area surrounding the Old Franklin Landfill), the Section recommends
the County make public water available immediately to the residences that could potentially use
ground water affected by the County landfill.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: 919-733-0692 \ FAX: 919-733-4810 \ Internet: Nvwv v.enr.state.nc.us/
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER —50% RECYCLED / 100/o POST CONSUMER PAPER
II. Water Quality Assessment
Approval of the water quality assessment proposals in the Octobe
granted. Please begin implementing
r 4, 2001 work plan submitted
on behalf of the County by Altamont Environmental, Inc. is the tasks in accordance with the schedule included in the work plan within 30 days. g
Please Note: The Section concurs with the recommendations included in the Doivdle Moll
Evaluation letter dated September 7, 2001 and submitted by Altamont. If the County elects to
leave any potable well in service that has been affected by contaminants from the landfill the
Section will require the County to come up with an alternative solution (e.g. pump and treat) and
demonstrate that the plume is hydraulically controlled at the facility compliance boundary.
III. Sampling and Analysis
Because of recently acquired data and subsequent changes in the sampling and analysis plan, all
consultants involved in the acquisition and evaluation of environmental data d a water quality
samples, potent, data, landfill gas analysis, etc.) at this facility are required to be familiar
with the Altamont QA/QC report dated May 23, 2001. Please note that the recommendations'
section in the May 23, 2001 report has been updated and those changes are reflected in the
10/4/01 Phase II Water Quality Work plan prepared by Altamont. Additionally, written
documentation of all QA/QC procedures, including equipment and protocol, during sampling
event (e.g. daily calibration records) must be included in sampling reports.
ID
IV. Monitoring Point Locations
Please include in the next report all the surveyed locations for the water quality monitoring
points. Please submit this data in NADS3 State Plane meters format.
If you have any questions, please call me at 919-733-0692, extension 261 or Larry Rose at
GAL -1J1c)a 257.
Sincerely,
Mark Poindexter
Environmental Compliance
Solid Waste Section
Philip Prete
Brent Rockett
Jim Patterson
central file
revised 612910I
UNIT
TYPE th:, to this audit
check all -.pply
Lined
CDLF
Transfer
HHW
MRF
Incin
COUNTY: Macon
MSWLF
PERMIT OR RECORD NO.: 57-01
Closed
x
Tire
FIRM
SLAS
YW
Compost
MSWLF
Monotill
FILETYPE: COMPLIANCE
LCID
TireT&P!
SDTF
T&P
MWP
Industrial
Collection
Landfill
STATUS OF PERMIT: Closed
FACILITY COMPLIANCE AUDIT REPORT
Date of Inspection: 07/25/01 Date of Report: 08/06/01 Date of Last Inspection: 02/07/01
FACILITY NAME AND ADDRESS:
Macon County MSW Landfill
State Road 1325
Franklin, NC 28734
FACILITY CONTACT NAME AND PHONE NUMBER:
Larry Lackey, Macon County Solid Waste Director
Telephone: 828-349-2164
FACILITY CONTACT ADDRESS (IF DIFFERENT):
Larry Lackey, Director
Macon County Solid Waste Department
109 Sierra Drive
Franklin, NC 28734
AUDIT PARTICIPANTS:
Jim Patterson represented the N.C. Solid Waste
Section
PURPOSE OF INSPECTION:
Post closure inspection of municipal solid waste landfill.
VIOLATIONS NOTED (citation and explanation):
None
Chris Stahl represented the Macon County
Landfill
COMMENTS /SUGGESTIONS:
(1) Cut trees and shrubs that are beginning to grow on landfill.
(2) A water line has been run to the airstrip used by the Model Airplanes Club. It appears that the water
line has been run to this area to water the grass. A request for this activity has not been submitted to
or approved by the Solid Waste Section. Please address this issue.
Please contact me if you have any questions or concerns regarding this inspection report.
(signature) Phone: 828-251-6784
James E. Patterson, Regional Representative
Delivered on _August 6, 2001_(date)�•�►
byhand delivery _X_ US Mail — e-mail_Other(specify) NCDENR
Norm+ CARouNA OEPRRTMENT Or
ENVIRONMENT AND NXURAL RESOURCES
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NC DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
Division of Solid Waste Management
Solid Waste Section
f SOLID WASTE MANAGEMENT FACILITY EVALUATION REPORT
I
Type of Facility. Permit County.
1
Name of Facility Location
i
Date of Last Evaluation
i
I. Permit Conditions Followed Yes No N/A
i
A. Specific Condition(s) Violated
II. Operational Requirements Followed Yes No
15A N.C. Admin. Code 13B Section
A. Specific Violation(s) by number and letter.
III. Other Violations of Rule or Law
IV. Evaluator's Comments f6 YGi.c
f R
l i
ii
V. Continuation Page Required? Yes , No Receiving Signature
Evaluation Date Solid Waste Section
DEHNR 3793 (Part I White: Facility Part II Canary: Central Office Part III Pink: Regional Office)
Solid Waste Section (Review 7/94)
FIGURES
DEED
AND
SURVEY
1�.v� COWARD HICKS & SILER PAGE 02
Revenue $25.00
THIS INSTRUMENT PREPARED BY:
ORVILLE D. COWARD, JR.
COWARD, HICKS & SILER, P.A.
43 WEST MAIN STREET
FRANKLIN, NORTH CAROLINA 28734
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this the 27th day of December, 2001, by and between STEVEN
SOUTHARD and BENNY HAMPTON, being all of the members of the Board of Trustees of
Emanuel Baptist Church, Grantors; and THE COUNTY OF MACON of 5 West Main Street,
Franklin, North Carolina 28734 , Grantee. (The designation Grantors and Grantee as used herein
shall include said parties, their heirs, successors, and assigns, and shall include singular, plural,
masculine, feminine, or neuter as required by context.)
3Y 1 T N, ESSETH:
THAT the Grantors, in consideration of Ten Dollars and Other Valuable Consideration
(S 10.00 OVC), the receipt of which is hereby acknowledged, have bargained and sold, and by these
presents do bargain, sell, and convey unto the Grantee, in fee simple, all that certain lot or parcel of
land situated in Franklin Township, Macon County, State of North Carolina, and being more
particularly described as follows:
Being a portion of the real property, easements, privileges and appurtenances
described in and conveyed by the deed dated March 12, 1976 from A. E. Frizzell and
wife, Velma Frizzell to Albert Southards, Ray Houston and Joe White, Trustees for
the Emanuel Baptist Church, recorded in Book X-10, Page 109, Macon County
Public Registry, and being more particularly described as follows:
BEGINNING at a an existing iron rod in the eastern boundary of lands now or
formerly owned by Cross Country Communications, Inc. (Book G-17, Page 399,
Macon County Public Registry), said point of beginning being situated from an
existing iron rod, the southernmost corner of said lands now or formerly owned by
Cross Country Communications, Inc., North 27 degrees 46 minutes 19 seconds West
59 feet, said point of beginning being the point of beginning of the lands described
in the deed first hereinabove referred to, and runs thence from said point of beginning
with the eastern boundary of said lands now or formerly owned by Cross Country
Communications, Inc. North 27 degrees 46 minutes 19 seconds West 116,95 feet to
an iron rod set; runs thence a divisional line South 86 degrees 32 minutes 15 seconds
East 239.43 feet to an iron rod set, the same being situated from an existing iron pipe
NO TITLE EXAMINATION WAS PERFORMED BY THE PREPARER PRIOR TO THE PREPARATION OF THIS DEED.
/11:45 8285249833 COWARD HICKS & SILER, PAGE 03
South 27 degrees 22 minutes 16 seconds East 427.05 feet; runs thence with the
boundary of lands now or formerly owned by Michael D. Welch (Book L-14, Page
87, Macon County Public Registry) South 27 degrees 22 minutes 16 seconds East
116.46 feet to an iron rod set; runs thence with the boundary of the lands now or
formerly owned by the Grantee, North 86 degrees 32 minutes 15 seconds West
23 8.48 feet to the point of BEGINNING, containing 0.55 acres as shown on a survey
map by G. L. Sprinkle, R.L.S., Sprinkle Surveying, P.A., drawing #3508A, dated
June 1, 2001.
Grantors reserve unto themselves, their heirs, successors and assigns, an easement
upon the entirety of the above described lands for the purposes of landscaping and
constructing and maintaining fencing, picnic grounds, recreation fields and parking
areas; provided, said uses by the Grantors shall not unreasonably interfere with
Grantee's use of the property.
Grantee agrees to place and maintain attractive vegetation on the above described real
property so as to shield Grantee's existing monitoring wells from the view of the
church building on Grantors' remaining property.
This conveyance is made pursuant to a business meeting of the congregation of
Emanuel Baptist Church.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple, subject to the exceptions herein
enumerated.
AND, subject to the exceptions herein enumerated, the Grantors covenant with the Grantee,
that Grantors are seized of the premises in fee simple, have the right to convey the same in fee
simple, that the property is free and clear of all encumbrances, and that Grantors will warrant and
defend the title against the lawful claims of all persons whomsoever.
IN WITNESS WHF-R -OF, the Grantors have hereunto set their hands and seals, or if
corporate has caused this instrument to be signed in its corporate name by its duly authorized officers
and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above
written.
11:45 8285249833
COWARD HICKS $ SILER
PAGE 04
NORTH CAROLINA
MACON COUNTY
(SEAL)
STEVEN SOUTHARD, Trustee
(SEAL)
BENNY TOTV, Trustee
I' (type or print name of Notary) , a Notary Public, do hereby certify that
STEVEN SOUTHARD and 13ENNY HAMPTON, Trustees, Grantors, each personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
WITNESS my hand and official stamp or seal, this day of , 200
SEAL -STAMP
Notary Public
My commission expires:
NORTH CAROLINA
MACON COUNTY
The foregoing or annexed certificate of
Public, is certified
to be coxrect. This instrument was presented for registration and recorded in this office in Boob
at Pages
This day of , 200 at
o'clock .M.
W:\RP\KLP\omanuelba .coup REGISTER OF DEEDS
P ry.Wpd