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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 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10q POST -CONSUMER PAPER 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/ AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION ENIPLOYER— 50%RECYCLED / 10% POST CONSUMER PAPER 6 / I T co py Cl PHONE CALL ❑ DISCUSSION FIELD TRIP ❑ CONFERENCE RECORD OF ❑ OTHER (SPECIFY) COMMUNICATION (Record of item checked above) TO: FROM: DATE SUBJECI Meth°nJc V t�v-wq Lxt-llcq Mh1 m cv.Dtw-rtmotl'R�1k. �r�tcl k i�►z /�- 3c>- 61 h dt3xus5- prb��ss%wnwrj coo TIME AliA trrnq,*,wi/h, /vfftrr�r �n�ka�cr. - --, -- SUMMARY OF COMMUNI ATI N V1517- D 7- /11%A1 �r� ��,d �%zal� � ®� �';w t'ho►-r�� Y1 i � �zvir Lktl 'D Ivcdotr v4 ?"tt� 3®111 �v� t ems' t�' ;� �`t i �-V4 atis hnrh` t pwrpos�c 6f I'h3 ✓Is1-' vyu `-0 4/1DcJ L'xf f7In K` Vjw' -II& ® � O/id 5slxAlgto r G,ue 11 by Mr 4f P61e k'41. 7%C' lyofire" o f �/lv1 was rG Vdzh MCA5 z) /s stas /1� os m� M►aUY. 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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 HONE CALL ❑ DISCUSSION FIELD TRIP ❑ CONFERENCE RECORD OF COMMUNICATION ❑ OTHER (SPECIFY) (Record of item checked above) TO: Qr�r � / �1 FROM: DATE lV-Lb` O� 1 �{� TIME - sulsJEr_! ���1 �V�}'-1�►ilV�S�I (fi �.�` C."lou; DO All"It 60• 1-040 IL _nti�-� 5-7-0) SUMMARY OF COMMUNICATION eo .1 rCfC ✓Cc[ a f LlGy�torG mojay-' kyn orcnrl30rt� W11-4 A/ & `#3 s 5� �itUn On jrl I(,� Z�I . 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G�v,siru �3�-cr�ss'a-c�yzt►�za� 4cx- ' "u,tel noF - --See'- --dA" `�-�`.as'vr, r• r✓ l CONCLUSIONS, ACTION TAKEN OR REQUIRED (AR LrYL COWIV►�w1 br (` 11pol'p, INFORMATION COPIES TO: EPA Form 1300-6 (7-72) ��%CoRI� o`'Co/NN���Mic,�tr�o�✓ Co�rrrnr�(' - 1���• 2 fripy hJ9 VC beZ,n Con s bzc�l as�r�r� o� R s�a��� y� 4,/ k e/� ) . / at"/ �� f k / j �c bM 4--,zo- bl -r ccegaGd a klCr�e- CAW/4 in ki)441 �DOWCi� , V., Iticl/hG Arkoh q- iq - o ► I A+''• �i-i'y /�cl�y ���l�• j/M Ao-d I/iffcd qe- old AAIrt* / 6bvn� 4r,,eJI It 54r,. Mrs. PokA 1l&brn, A-c/-nyd 9aFib / 1-hc� A)-dX//flhG I Kai a. �arGl 4/li4o yrhy is lb�,qk �!/ice / c1-a� In)w;lil, it. -It Luo Y tip- o k . TZ -1-�L� . � �rzh - G>brbrt►v� D �'1,e C e,�,r,�h ro� 64 10 cu,, d � ark- �, of � �� �,nrcm C�,,ti,,�la,,Q�,�7 a.►��1„� � was �1.� hDlI h1S wtz In✓cJ rn I.0 �2ilnS a, 7XIO0 � p�hc., b D� ►�nr�d6j � . �Y • li fah 5K)J 1� eels fi M ha _ -�bld hi irri I�% d Lw 41�1vn.� � 6'b", 3 2. b i� t e�h t >i -! l T id M l d l Yltir. 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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