5701_ROSCANS_2002

Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
May 16, 2002
James C. Coffey
Chief, Solid Waste Section
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Re: Landfill Gas Passive Trench Update
Old Franklin Landfill Permit # 57-01
Dear Mr. Coffey,
This letter is to update the Solid Waste Section as to progress made on requested actions
from your office in a letter dated April 24, 2002.
The damaged monitoring probe GP-131 was abandoned and replaced the week of May
6th. The new probe was placed adjacent. to GP-13s and set back from the trench
approximately 2-3feet. This probe will be included in the next monitoring event, which
is scheduled for the first week in June.
Additionally, the attached letter referencing the possible migration of landfill gas onto the
adjacent property has been sent certified mail from the County Attorney's office to the
property owners (Klatt family).
We will continue to monitor the effectiveness of the passive trench during our quarterly
monitoring events and make those results available to your office. We are also
investigating the possibility of installing an active extraction system should the passive
trench be deemed ineffective or at such a time as the Solid Waste Section or the adjacent
property owners require more action. Preliminary cost estimates, however, may make
such an action problematic due to the current budget woes of the State and Macon
County. Macon County will continue to try to preserve resources to protect its residents
and the environment. Those resources are currently allotted for the completion of the
Phase II Water Quality Assessment at Old Franklin and the program to connect residents
living in the vicinity of the landfill to the Town of Franklin public water supply; per other
correspondence to your office. These activities will be updated soon under another
cover.
Thank you for your response and guidance to this department in this matter. We look
forward to continuing to work with the Solid Waste Section to correct the problems
associated with the Old Franklin landfill.

Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
Sincerely,
nMichaelhris Stahl
Director, Solid Waste Management
Cc: Sam Greenwood, County Manager
Jim Patterson, Waste Management Specialist

JONES, KEY, MEL,VIN & PATTON, P.A.
ATTORNEYS AND COUNSELORS AT LAW
61 EAST MAIN STREET
FRANKLIN, NC 28734
TEL. [phone]
FAX [phone]
RICHARD S. JONES, JR.
BOBBYJ. KEY
RICHARD MELVIN
LAWRENCE M. PATTON, JR.
GILBERT RUSSELL KEY, II
FRED H. JONES
CHESTER NL JONES
JASON E. B. SMITH
To - The Klatt Trustees
PROFESSIONAL BLDG. SUITE 3
SOUTH STREET, P.O. BOX 609
HIGHLANDS, N.C. 28741
TEL. [phone]
FAX [phone]
May 6, 2002
Re: Your Property Which Adjoins the Closed Franklin Landfill
Gentlemen:
GEO. A. JONES 1878-1906
G. LYLE JONES 1906-1920
GILMERA.JONES 1918-1963
RICHARD S. JONES 1925-1972
PLEASE REPLY TO: Fra khr, Office
or a -mail [e-mail]
As you may be aware, the old Town of Franklin Landfill which adjoins your property has been closed
for several years. In conjunction with the closure, there have been installed monitoring wells and/or
devices which measure the flow of both ground water and gases from the landfill site to adjoining
properties.
It has been determined that there is now a flow of methane gas concentrations from the landfill site
on to your property, near the boundary line. When Macon County became aware of this condition,
it immediately proceeded with the implementation of measures designed to correct this situation. The
County has installed along the southern border of the landfill, a passive venting trench which is
designed to prevent off -site migration of methane gas. The County has been working closely with
the North Carolina Division of Environment and Natural Resources, Division of Waste Management,
in connection with their efforts. As that Division has advised us, "movement of methane is controlled
by a number of physical mechanisms, including diffusion, convection and pressure gradient flow, all
of which can be influenced by a gas interception trench. However, it usually takes some time before
the efficacy of a system is known."
Macon County will continue to monitor the flow of methane from the old Franklin landfill to
determine if the action which has previously been taken is sufficient to cure the problem. If not, then
additional action will be taken. During this monitoring period, the County wanted to make sure that
you were aware of the possible existence of methane migration on to your property.

If, at any time in the future, you commence construction or development which will affect the area
adjoining the old landfill site, please notify the undersigned in order that adequate testing can take
place at that time to insure that the problem has been alleviated and/or that appropriate measures are
taken to provide for the protection of public health.
If you have any questions concerning this matter, please don't hesitate to contact us.
Very truly yours,
JONES, KEY, MELVIN & PATTON, P.A.
R. S. Jones, Jr.
RSJ/mj

North Carolina
Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Director April 24, 2002
Mr. Michael C. Stahl
Macon County Director of Solid Waste Management
109 Sierra Drive
Franklin, North Carolina 28734
Re: Methane Gas Monitoring - Closed Franklin Landfill (Permit # 57-01)
Dear Mr. Stahl:
NCDENR
The March 1, 2001 update on the landfill gas situation at the closed Franklin Landfill has been reviewed and the
following comments and guidance are offered.
If methane monitoring probes GP- 13s and GP- 13i have been damaged or are in direct contact with the passive .
venting trench or are in any way non-functional as you have inferred, they should be replaced. The effectiveness of
the venting trench cannot be determined without an adequate monitoring system.
Presently it is not known if the passive venting trench recently installed along the southern border of the landfill
will prevent the problem of off -site migration of methane gas. Based on the information presented, it appears as if
gas in the area is migrating through unsaturated soils as deep as forty feet below ground surface. As indicated by
readings from the monitoring probes, the trench was having some effect to a depth of twenty feet, but at the time not
at forty feet. Movement of methane is controlled by a number of physical mechanisms, including diffusion,
convection, and pressure gradient flow, all of which can be influenced by a gas interception trench. However, it
usually takes some time before the efficacy of a system is known.
Based on conditions at the site, it appears reasonable to allow some time to determine if the trench will function as
designed. If after an observation period it is determined that methane concentrations at any depth along the property
boundary exceed the regulatory limit, additional measures will be necessary to correct the problem. During the
interim, the owners of the adjoining property should be notified of the of the possibility of methane migration onto
their property. Documentation of the notification should be provided to this office. If at any time there are
significant changes around the area of concern, such as construction or development, it maybe necessary to take
immediate action to protect public health.
The Solid Waste Section appreciates Macon County's cooperation with this matter and is aware of the county's
efforts to correct the problem. Macon County is not alone in dealing with this type of situation. It's a common
problem at old closed landfills throughout the state.
Again, thank you for your cooperation. If you have any questions or comments, please call me at [phone],
extension 256.
ncerely,
C.
ames C. Coffey
Chief, Solid Waste Section
cc: Brent Rockett - Western District Supervisor
Jim Patterson - Waste Management Specialist
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAQ'.: 919-733-4810 \ Internet: Nvww.enr.state.nc.us/
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Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
March 1, 2002
Mr. James Coffey
North Carolina Division of Waste Management
Solid Waste Section
401 Oberlin Road
Raleigh, North Carolina 27605
RE: Landfill Gas and Water Resources Update
Old Franklin Landfill, Permit # 57-01
Dear Mr. Coffey;
This letter and attachments are submitted as a follow-up to the Notice of Violation
(NOV) response sent to your office on January 3, 2002.
METHANE LEVELS AT THE PROPERTY BOUNDARY
North Boundary
As noted in the previous correspondence, a 100-foot buffer was purchased from
Emmanuel Baptist Church. The new property line encompasses MW-6, which has been
monitored monthly and continuously shown no detect for methane.
South Boundary
The 75-foot pilot passive gas installed along the northern boundary has been monitored
weekly at GP-13-s, GP-13-i, and GP-13-d. The results of these monitoring events are
listed on the attached tables. The results demonstrate consistent compliance for methane
in the shallow probe. The intermediate probe also showed improvement until two days of
heavy rain on January 22nd and 23rd. After the rain, both the shallow and intermediate
probe casings and pads had become very loose. This combined with the reversal back to
high methane readings seems to show that the probes were damaged during installation of
the trench. There was a cave-in during construction directly in front of the probes due to
digging so close to the edge -of -waste. This caused the edge of the trench to fall within
several inches of the probes. In total I believe that the erratic readings prior to January
23rd and the high readings after are due to the fact that the intermediate probe is being
heavily influenced by methane levels in the trench itself. There was also limited
improvement in the deep probe prior to the rain event, but it is impossible to know
whether the deep probe was also damaged and is being influenced by the trench, or if the
passive trench is ineffective at such a depth.
To conclude, the passive trench has shown some level of effectiveness and we are
compliant in the shallow probe, which has a depth of 9.3-feed. The intermediate probe,
which is 22.3-feet deep, should probably abandoned and relocated further from the

Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
trench. The deep probe is 41.8-feet deep. While installation of the trench has not
demonstrated any improvement in this probe, I would question the risk to public health
from methane at that depth.
Based on the monitoring results from gas probes GP-13-s,i,d, it is unclear what the next
course of action should be. I will discuss the following options with our environmental
consultants, Altamont, but would also like guidance from DENR as to how to proceed.
• Relocate GP-13-i. If compliance levels for methane are met, accept that the
passive trench is adequate for methane compliance and extend it along the
northern boundary.
Relocate GP-13-i. If compliance is not met, introduce a vacuum system to the
trench, and continue to monitor GP-13-s,i,d so as to determine the
effectiveness of the trench with an active vacuum system.
If compliance must be met in GP-13-d at a depth of over 40-feet, proceed with
pilot testing of a vacuum system without regard for GP-13-s or GP-13-i.
Whatever decision is jointly reached by Macon County, Altamont, and DENR Solid
Waste Section, an extension on compliance will be needed due to lack of funds sufficient
to complete any additional work on this project this budget year. Macon County has
spent a great deal of money this year already on this project and others related to
regulatory compliance. All funds still available are allocated for the connection of
residents around the landfill to a public water supply, and abandonment of their wells.
An update on this project is listed in the following section.
WATER RESOURCES
Altamont identified approximately 33 properties downgradient of the landfill. Work is
ongoing to connect these residents to public water. On February 13, 2002, letters were
sent to all of the property owners to inform them to contact the Macon County Solid
Waste Department about the project. They are then asked to sign a contract allowing the
County to make a water tap in their names, and to agree to have their wells abandoned by
the County. To date, eighteen property owners have received contracts, and eleven
signed contracts have been returned. Most of the residents who have not contacted the
county only live here in the summer. Within the next two -three weeks, property owners
who have not responded will be contacted again. Depending on scheduling ability with
the Town of Franklin, we also hope to begin making the connections during the same
time period. It is impossible to give a completion date for this project because of
availability of the Town to make the taps, and because some residents may not be reached
until they return to Macon County this summer. DENR will be updated through future
correspondence as to progress on this project. As stated earlier, all available funds are
being reserved for this project so that lack of funds will not further delay the project.
The Phase H Water Quality Assessment being performed by Altamont has also been
delayed due to the cost of completion. This project may be completed before the end of
the fiscal year, but again, the funds are being reserved to connect property owners to the
public water supply. I believe that making the water connections deserves priority

Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
funding over the other projects because it has the most immediate effect on protecting
public health. If the completion of the Phase II Water Quality Assessment has to be
delayed until the next fiscal year, funds will be allocated to its completion.
I look forward to continuing to work with DENR to resolve compliance and public health
issues at the Old Franklin landfill. Please contact me at your convenience to discuss
these issues as well as any additional questions or concerns you may have.
Sincerely,
C
Michael Chris Stahl
Macon County Director of Solid Waste Management
cc.: Jim Patterson
Sam Greenwood

Macon County Solid Waste
Landfill Gas Pilot Trench
Old Franklin Landfill
Landfill Gas Monitoring
Permit # 57-01
GMP-13-s,i,d
DATE: January 3, 2002
Well' orReadings
Time
%LEL
%CH4 %CO2
%02'
Prob'
.Probe ID
PressureN
GMP-13cl 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
Well; or
Probe ID
Readings
Tim
%LEL
%CH4
%COZ
%02,
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
1
0
0.0
0.3
20.6
0.00
DATF- January 16. 2002
Well or,,
Probe ID
Readings
Time
%LEL
%CH4
%CO2
%02
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
DATF- January 23. 2002
Well or.'.,,
Probe ID
Readings
Time
%LEL
%CH4
%CO2
%02
Probe
PressureNacuum
GMP-13cl
Stable
15:14
>1000
50.2
32.3
0.0
0.14
GMP-13i
Stable
15:16
578
28.9
22.7
8.2
0.00
GMP-13s
Stable
15:18
12
0.6
0.6
19.4
0.00
DATE: January 31, 2002
Well`or ,
Probe ID
Readings
Time
%LEL
%CH4
%CO2
%O2
Probe
PressureNacuum"
GMP-13d
Stable
12:38
982
49.1
31.8
0.9
0.20
GMP-13i
Stable
12:41
798
39.9
29.0
3.3
0.00
GMP-13s
Stable
12:43
4
0.2
0.5
19.4
0.00
nATF• FPhruary 7. 2002
Well or.
Probe ID:
Readings
Time,
%LEL
%CH4
%COZ
%02',
Probe
PressureNacuum
GMP-13d
Stable
13:15
958
47.9
32.7
0.0
0.22
GMP-13i
Stable
13:17
786
39.3
27.7
3.6
0.00
GMP-13s
Stable
1 13:19
1 2
1 0.1
0.3
19.7
0.00
nATF• FPhruary 13. 2002
Probe ID'
I" imeReadings
CH
%C0
%O
Probe',
PressureNacuum
GMP-13d
Stable
13:30
952
47.6
31.8
0.0
0.20
GMP-13i
Stable
13:32
150
7.5
5.1
16.9
0.00
GMP-13s
Stable
1 13:34
1 0
1 0.0
0.4
20.3
0.00

Macon County Solid Waste
Old Franklin Landfill
Permit # 57-01
DATE: February 19, 2002
Landfill Gas Pilot Trench
Landfill Gas Monitoring
GMP-13-s,i,d
Well or :!
Probe ID.
Readings
Time
%LEL
%°CH4
%CO2
%OZ ;
Probe`'
PressureNacuum
GMP-13d
Stable
15:01
946
47.3
31.7
0.4
0.24
GMP-13i
Stable
15:03
310
15.5
11.0
13.4
0.00
GMP-13s
Stable
15:05
0
0.0
0.6
1 19.5
0.00
All monitoring was conducted by Chris Stahl using a Landtec GEM2000 landfill gas meter.
The meter was field calibrated before each sampling event.

Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
Table is provided as Attachment 1.) Upon receipt of this letter, residents were to contact
the Solid Waste Department to discuss the project in more detail. A second attempt was
made to reach residents that had not responded on March 7, 2002. The second letters
were hand delivered to residents or left attached to their front doors (Attachment 2).
Several other attempts were also made to contact these residents by phone. The results of
our attempts to contact and include all residents in this program are summarized in Table
1, and will be discussed later.
As residents began to show interest in their inclusion of this project, Richard Jones, the
County Attorney, advised the Department as to the need to enter into a contract with
these residents. The signed and notarized contract (Attachment 3) would serve as proof
that the residents understood the scope of the County's proposal. It also served as
authorization by the resident for the County to make a water tap in their names, and
allowed an agent of the County to enter onto their properties to perform the trenching and
well abandonment.
On June 24, 2002, a list of thirteen parcels for which contracts had been signed was taken
to the Town of Franklin for scheduling of the water taps. Originally, the Town had
indicated that the taps would be provided to the County at cost. At this time, however,
they indicated that their contribution to the project was limited to making the taps, and
waiving the tap impact fee. Resolution of this matter was negotiated between the County
Manager and Town Mayor. (The final decision was related to this department in early
November.)
In early August, a final notification was sent to twelve unresponsive property owners.
This letter (Attachment 4) was sent by certified mail from the County Attorney's office.
The certified mail receipts from residents that chose not to be included are submitted as
Attachment 5.
Finally, in mid -November the Solid Waste Department met with the Town of Franklin
and with well drilling contractors discuss the project and specifically detail the first five-
connections/well abandonments to be performed. These connections are set to proceed.
However, final scheduling is dependent on the Town's ability to schedule a crew to make
the taps and set water meters. Since the Town of Franklin, and not Macon County, has
sole control of that scheduling more specific dates of completion of these taps as well as
the remaining taps cannot be committed to by the County. Due to weather and the
holidays, I am doubtful that any connections will be made before the first of the year. I
will keep DENR informed as to the status of the program as progress is made towards its
completion.
DISCUSSION OF TABLE
Attachment 6 is a summary Table of the forty property owners that were included in this
program. The list is taken from TABLE 2 of the Altamont inventory sent to DENR on
September 7, 2002. A few names, or properties, have been added due to information

Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
discovered in addition to Altamont's findings. The following is a short narrative on the
information demonstrated in this Table.
• 27 parcels with X's in both the Contract Received and Contract Returned columns
will be provided with water taps and connections, and will have their wells properly
abandoned.
• 7 parcels will hash marks (----) in both the Contract Received and Contract Returned
columns were found to be connected to Public Water Supply through meters
registered under the names of other individuals.
• 5 parcels with X's in the Contract Received but not the Contract Returned Columns
have been contacted but declined to participate in this program.
• The owners of 1 parcel with no columns marked were unresponsive all of our
attempts to contact them. As noted below (#22-), this property is in bankruptcy, and
we have no information as to the status of ownership of the property.
Inforniation known as to the individuals that have not signed on to this program.
#15- J D Collier. Mr. Collier had shown interest in participating in the program,
but was unwilling to do so without retaining his well.
#22- James Monteith. This property is in bankruptcy, and no one is currently
residing on this property. No contact has ever been made with any owner of this
property.
#29- Stella Haire. Expressed no interest in signing up when met face-to-face.
She nuns a daycare and has her water tested every six months as part of Macon
County's semi-annual water quality monitoring site sampling plan. She stated
that she would sign if forced, but she would then put her property up for sale and
move.
#34- Russell Whitford. Mr. Whitford lives in Florida much of the year. He
indicated that he would not sign up unless the County agreed to keep his well
open.
#36- Dale Shepard. Mr. Shepard was not on the original list, but his water comes
from a well on his sister's property, which was included. Mr. Shepard has been
very interested in signing, but is going through a separation, and his wife will not
agree to sign.
#40- Trampis Dowdle. Currently connected to Public Water Supply through an
unauthorized tap from a family member's property. His mother actually lives on
the property, and is very unwilling to cooperate.
CONCLUSION

Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
Through this project Altamont and Macon County identified forty properties to be
included in this program. We have been able, through great effort, to include all but six
of these properties in our program. Of those six, one is connected to public water supply,
and another is unoccupied. I believe that this demonstrates a high success rate of
participation in this program. We must now continue to work and drive this project to its
completion. As stated earlier, this will remain a primary objective and goal of this
department.
Future updates will follow as progress is made on this project. If you require any
additional information or have additional concerns regarding this program at this time,
please do not hesitate to contact me at your convenience. Thank you for continuing to
work with us on this matter.
Sincerely.
Michael Chris Stahl
Director, Macon County Solid Waste Management
cc. Sam Greenwood, County Manager
Jim Patterson, NCDENR
Jim McElduff, Altamont Environmental

Attachments

• Attachment 1
February 6, 2002
Ms. Stella Norris Haire
110 Emmanuel Rd.
Franklin, NC 28734
Dear Madam:
This letter is to inform you of Macon County's interest in a project to connect properties
in the vicinity of the Old Franklin Landfill, which lies in the Mitlshoal Township, to the
Town of Franklin Public Water Supply System. This decision is based on the possible
influence to groundwater in the vicinity of the landfill. While it is not known if
contamination exists in the aquifer beneath your property, Macon County has decided, in
the interest of public health, to make these connections based on the potential that such
influence might exist.
According to Macon County records, you are the owner of parcel number
&5 -1 Cc - C14 - (oc - ?&, 7 5 and the property is described in the deed recorded in
Book Z-1 at page
Upon receipt of this letter, please contact the Macon County Department of Solid Waste
Management at your convenience in order to schedule a meeting between the Department
and yourself to further discuss this project and possible scheduling of connection.
Thank you for your cooperation in this matter.
Sincerely,
M. Chris Stahl
Macon County Solid Waste Management Director

Macon county Attachment 2
Solid Waste Management Department Phone: [phone]
109 Sierra Drive Fax: [phone]
Franklin, North Carolina 28734 E-mail: [e-mail]
Resource conservation today, for a sustainable tontorrowl
March 7, 2002
Macon County Solid Waste Management Department is trying to reach you regarding
connecting your residence to the public water supply. A letter was mailed on February
13, 2002, to property owners in this area, regarding this matter. Please contact Chris
Stahl or June Cassada at 349-2215, during our business hours (8:00a.m. — 5:00 p.m.,
Monday through Friday), to discuss this matter. If you are not the property owner, but
can give us the information on how to reach the owner, please contact us as well. Thank
You for your cooperation in this matter. / /,
Chris Stahl �% `���✓
Director, Macon County Solid Waste Management

Attachment 3
NORTH CAROLINA
MACON COUNTY
THIS CONTRACT AND EASEMENT AGREEMENT, made and entered into by
and between the undersigned Property Owners, hereinafter referred to as "parties of the first part"
and Macon County, a body politic and political subdivision of the State of North Carolina,
hereinafter referred to as "County";
WITNESSETH:
WHEREAS, parties of the first part are the owners of real property described in the
deed recorded as hereinafter referenced, which lies in Millshoal Township, Macon County, North
Carolina; and
WHEREAS, County has operated the old Town of Franklin Landfill which is in the
vicinity of the lands of parties of the first part; and
WHEREAS, because of its proximity to the old Town of Franklin Landfill, there is
a possible influence upon the lands of parties of the first part, which needs to be considered, and
WHEREAS, County has agreed to provide for parties of the first part a connection
of their property to the Town of Franklin Public Water Supply system; and
WHEREAS, in exchange for such connection parties of the first part have agreed to
abandon their use of the existing water supply source which now fiirnishes water to their lands;
NOW THEREFORE, for and in consideration of the premises and the further sum
of One Dollar this day paid by each party to the other, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto do hereby agree as follows:
1. County will provide a City Water Tap and will connect the improvements of parties
of the first part located upon the lands hereinafter described to said city water system.
2. County will pay all costs related to the tap and the connection.
3. Upon commencement of use of water from the Town of Franklin Water System,
parties of the first part agree to pay and be fully responsible for any fees for the usage of water from
said system, which is hereafter assessed by the Town of Franklin.
4. Parties of the first part do hereby agree that they shall not hereafter use the well
which is now located upon their lands and will either:

NORTH CAROLINA
MACON COUNTY
THIS CONTRACT AND EASEMENT AGREEMENT, made and entered into by
and between the undersigned Property Owners, hereinafter referred to as "parties of the first part"
and Macon County, a body politic and political subdivision of the State of North Carolina,
hereinafter referred to as "County'%
WITNESSETH:
WHEREAS, parties of the first part are the owners of real property described in the
deed recorded as hereinafter referenced, which lies in Millshoal Township, Macon County, North
Carolina; and
WHEREAS, County has operated the old Town of Franklin Landfill which is in the
vicinity of the lands of parties of the first part; and
NVHEREAS, because of its proximity to the old Town of Franklin Landfill, there is
a possible influence upon the lands of parties of the first part; which needs to be considered, and
WHEREAS, COunt), has agreed to provide for- parties of the first part a connection
of their property to the Town of Franklin Public Water Supply system; and
WHEREAS. in exchange for such connection parties of the first part have agreed to
ply source which now firrnishes water to their lands:
abandon their use of the existing water sup
NOW THEREFORE, for and in consideration of the premises and the further sum
of One Dollar this day paid by each party to the other, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto do hereby agree as follows:
1. County will provide a City Water Tap and will connect the improvements of parties
of the first part located upon the lands hereinafter described to said city water system.
2. County will pay all costs related to the tap and the connection.
3. Upon commencement of use of water from the Town of Franklin Water System,
parties of the first part agree to pay and be fully responsible for any; fees for the usage of water from
said system, which is hereafter assessed by the Town of Franklin.
4. Parties of the first part do hereby agree that they shall not hereafter use the well
which is now located upon their lands and will either:

NORTH CAROLINA
MACON COUNTY
I,
hereby certify that
a Notary Public of the aforesaid County and State,
personally came before me this day and acknowledged the due execution of the foregoing document
for the purposes herein expressed.
WITNESS my hand and Notarial seal, this the day of
2002.
Notary Public, Macon County, NC
Illy Commission Expires:
(NOTARIAL SEAL)
NORTH C.A-ROLFNA
MACON COUNTY
THIS IS TO CERTIFY that on this day before me, ANNA J. CARSON, Clerk of
Superior Court for i\'lacon County, North Carolina, personally appeared HAROLD P. CORBIti,
with whom 1 am well acquainted, and who by me being duly sworn, says that he, the said Harold P.
Corbin is the Chairman of the Board of Count• Commissioners of Macon County, North Carolina,
and that SAM K. GREENWOOD is the County l�'lanager and Clerk to the Board of County
Commissioners of Macon County, that he knows the common seal of Macon Count, and that the
seal affixed to the foregoing instrument is the common seal of said County, and that the name of the
Corporation was subscribed thereto by him, the said Chairman of the Board of County
Commissioners of Macon County, and the said common seal was affixed by the said SAM K.
GREENWOOD, County Manager and Clerk to the Board of Commissioners of Macon County, and
that the said SAM K. GREENWOOD signed his name in attestation thereto, all by order of the Board
of Commissioners of Macon County, and that said instrument is the act of Macon County. Therefore,
let said instrument with this certificate be registered.
WITNESS my hand and official seal, this the day of , 2002.
Clerk of Superior Court
Macon County, North Carolina

Attachment 4
JONES, KEY, MEL,VIN & PATTON, P.A.
A7TORN1~YS AND COUNSELORS AT LAM
61 EAST MAIN STREET
VRANKLIN, NC 28734
TEL. [phone]
VAX 828-369-7343
RICI-IARD S. JONES, JR.
BOBBYJ. KI~Y
RICIiARD MELVIN
LAWRENCE M. PATCON, JR.
GILBERT RUSSELL KEY, II
FRED I -I. JONES
CHESTFR M. JONES
JASON E. B. SMITH
Mr. Paul Crisp
1409 Lake Emory Road
Franklin, NC 28734
PROFESSIONAL BLDG. SUITE 3
SOUTH STREET, P.O. BOX 609
HIGHLANDS, N.C. 28741
TEL. [phone]
FAX [phone]
August 5, 2002
GEO.A.JONES 1878-1906
G. LYLE TONES 1906-1920
GILMER A. JONES 1918-1963
RICHARD S. JONHS IW5-1972
PLEASE REPLYTO: Frai l hi, Office
or a -mail jkmp@smne[.r,a
Re: Connection of your Property to the Town of Franklin Public Water Supply System
Dear Mr. Crisp:
Earlier this year, you were contacted by the Macon County Solid Waste Management Department
as the property owner of Parcel No. 6596,03-40-9484, with respect to your interest in connecting the
residence located on the above property to the Town of Franklin's public water supply system.
You have not responded to the prior letter from the Solid Waste Department and I want to give you
one last opportunity to avail yourself of the opportunity to connect your property to the Town of
Franklin public water supply system.
As you were previously notified, you may connect to the Town system at absolutely no cost at this
time. After connection, of course, you will be required to pay for usage of water from that system
at the same rate other out of town users are required to pay. Macon County has made this
opportunity available to you as a property owner because of its concerns as to the possible influence
to ground water in the vicinity of the old Franklin Landfill.
Macon County is continuing its offer of a free water connection through and including the 31` day
of August, 2002. In order to take advantage of this offer, you need only to complete the attached
request, notifying us of your decision, and return it to us on or before August 31, 2002.

August 5, 2002
Page Two:
If you fail to return the enclosed notification on or before August 31, 2002, then and in that event
Macon County will make no future consideration for providing this service to you and you will be
relegated to obtaining your own water supply system.
Macon County has made a good faith attempt to provide your property with a public water supply.
If you fail to take advantage of this offer, then and in that event, Macon County will no longer be
responsible for any claims or damages arising from any problems associated with ground water quality
from your existing, or a future water supply system.
I trust that you will take advantage of this offer and return the completed acceptance to the
Department of Solid Waste Management at 109 Sierra Drive, Franklin, North Carolina 28734. On
the other hand, if you decide you do not wish to accept this offer, please so indicate on the form and
return it to the above address.
If you have any questions, please don't hesitate to contact this office, or Mr. Chris Stahl at the
Macon County Departmen of Solid Water Management at 109 Sierra Drive, Franklin, NC 28734 -
Phone Number 828-349-2100 - Fax Number 828-349-2185.
Very truly yours,
JONES, K Y, ME IN & PATTON, P.A.
Qom`
R. S. Jones, Jr.
RSJ/mj
Enclosure

Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
I , the owner of parcel number , and the
property as described in the deed recorded in Book at page
do hereby submit this document as a statement of my decision to
a) participate in Macon County's program to provide public water supply to my
residence under the provisions set forth in the contract to be provided to me.
I have a contract and will return it before the deadline of August 31, 2002.
Please send me a contract so that I may return it before the deadline of
August 31, 2002.
Signature of Owner Date
b) not participate in Macon County's program to provide public water supply to my
residence. I doing so, I understand that I will receive no future considerations from
Macon County with regard to the quality of my well water. Further, I have been
informed of the possibility of influence to my drinking water from the landfill, but I
prefer to utilize my well as my potable water supply regardless. And, I agree to hold
Macon County harmless from any future problems with my well water as a result of
this decision.
Signature of Owner Date

Attachment 5
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--------------------
o -an-StatTr lkhn, NC 28734

1�
NCDENR
NORTM CAROLINA DEPARTMENT of
ENVIRONMENT AND NATURAL RESOURCE,
revised 1010310212.02 PM
FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
Solid Waste Section
UNIT TYPE: (check all that a ply to this audit with -same Permit -number
Lined
LCID
YW
Transfer
Compost
SLAS
Macon
acOn
MSWLF
P ERMIT NO.: 57-01
Closed
X
HHW
White
Incin
T&P
F�
MSWLF
goods
FILE TYPE: COMPLIANCE
CDLF
TireT&P/
Tire
Industrial
DEMO
sDTF
Collection
Monofill
Landfill
Date of Audit: 10/01/02
Date of Last Audit: 07/25/02
FACILITY NAME AND ADDRESS:
Macon County Municipal Solid Waste Landfill
State Road 1325
Franklin, NC 28734
FACILITY CONTACT NAME -AND PHONE NUMBER:
Chris Stahl, Macon County Solid Waste Director
Telephone: [phone]
FACILITY CONTACT ADDRESS (IF DIFFERENT)•
Chris Stahl, Director
Macon County Solid Waste Department
109 Sierra Drive
Franklin, NC 28734
AUDIT PARTICIPANTS:
Jim Patterson, N.C. Solid Waste Section
Chris Stahl, Macon County Solid Waste Department
STATUS OF PERMIT:
Closed
PURPOSE OF AUDIT:
Post closure inspection of municipal solid waste landfill.
NOTICE OF VIOLATIONS) (citation and explanation
No violations noted.
You are hereby advised that, pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $5,000 per day may be assessed for each
violation of the Solid Waste Statute or Regulations. If the violation(s) noted here continue, you may be subject to enforcement actions
including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and any such
further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules.
STATUS OF PAST NOTED VIOLATIONS (List all noted last audit):
N/A

Page 2 of 2
OTHER COMMENTS /SUGGESTIONS:
(1) Landfill has recently been mown.
(2) The issues relevant to groundwater and methane gas are being addressed as specified in the 01/03/02 letter
from Chris Stahl, Macon County Solid Waste Director.
Please contact me if you have any questions or concerns regarding this audit report.
z 2� (signature) Phone: [phone].
Regional Representative
Distribution: original signed copy to facility -- signed cony to compliance officer — e-mail or copy to super
Delivered on: 10/03/02 by hand delivery X US Mail Certified No. j,_I

revised 07129102 4:25 PM
��0 FACILITY COMPLIANCE AUDIT REPORT
Division of Waste Management
NCDENR Solid Waste Section
NORTM CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
UNIT TYPE: (check all that apply to this audit with same Permit number
Lined
LCID
YW
Transfer
Compost
SLAS
COUNTY: Macon
MS WLF
PERMIT NO.: 57-01
Closed
X
xxW
White
Incin
T&P
FIRM
MS WLF
goods
FILE TYPE: COMPLIANCE
CDLF
Tire T&P /
Tire
Industrial
DEMO
SDTF
Collection
Monofill
Landfill
Date of Audit: 07/25/02 Date of Last Audit: 11/16/01
FACILITY NAME AND ADDRESS:
Macon County Municipal Solid Waste Landfill
State Road 1325
Franklin, NC 28734
FACILITY CONTACT NAME AND PHONE NUMBER:
Chris Stahl, Macon County Solid Waste Director
Telephone: [phone]
FACILITY CONTACT ADDRESS (IF DIFFERENT):
Chris Stahl, Director
Macon County Solid Waste Department
109 Sierra Drive
Franklin, NC 28734
AUDIT PARTICIPANTS:
Jim Patterson, N.C. Solid Waste Section
Chris Stahl, Macon County Solid Waste Department
STATUS OF PERMIT:
Closed facility.
PURPOSE OF AUDIT:
Follow-up inspection.
NOTICE OF VIOLATIONS) (citation and explanation):
No violations noted (see comment section below).
You are hereby advised that, pursuant to N.C.G.S. 130A-22, an administrative penalty of up to $5,000 per day may be assessed for each
violation of the Solid Waste Statute or Regulations. If the violation(s) noted here continue, you may be subject to enforcement actions
including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and any such
further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules.

OTHER COMMENTS /SUGGESTIONS:
Landfill needs mowing soon and small trees and bushes need to be removed.
Please contact me if you have any questions or concerns regarding this audit report.
(signature) Phone: [phone].
egiona - epresentdtive
Distribution: original signed copy to facility -- signed copy to compliance officer — e-mail or copy to super
Delivered:on : 07/29/02 by tj � � 1- - ]
hand delivery R US Mail Certified No. 1I

❑ PHONE CALL ❑ DISCUSSION
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INFORMATION COPIES
TO: -j�,A (`
EPA Form 1300-6 (7-72)

Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
January 3, 2002
Mr. James Coffey
North Carolina Division of Waste Management
Solid Waste Section
401 Oberlin Road
Raleigh, North Carolina 27605
RE: Notice of Violation — Landfill Gas
Old Franklin Landfill, Permit # 57-01
Dear Mr. Coffey;
This letter and its attachments are submitted as a response to a Notice of Violation
(NOV) for failure to prevent the migration of explosive gases in concentrations greater
than the explosive limit of methane across the facility property boundary. This notice
was sent by Mr. Mark Poindexter on October 26, 2001, and received by Macon County
on November 7, 2001. We are responding directly to you because I understand that Mr.
Poindexter is no longer with the section.
ACTIVITIES CONDUCTED PRIOR TO NOV
During several months prior to this notice, Macon County had begun efforts to remedy
the landfill gas issue on both the north and south property lines. The County prior to
receipt of the NOV completed the following tasks:
• Retained Altamont Environmental, Inc. (Altamont) to assist with landfill gas
compliance issues (Note: Altamont was given this task upon completion of a
Landfill Gas Summary Report on February 12, 2001).
• After the construction season started in April 2001, the County requested
design of a passive landfill gas collection trench from Altamont. The trench
was to be installed near the south property line. The design was completed on
May 4, 2001.
• At the County's direction, Mr. Jim McElduff, of Altamont, began discussions
with the Emmanuel Baptist Church (Church) on May 11, 2001 regarding
purchase of buffer property.
• Mr. McElduff met on numerous occasions with the minister and governing
board of the church through the summer of 2001. (Note: These discussions
culminated in a letter to the church describing the County's need for land.
The letter was dated August 27, 2001. Mr. Poindexter was copied.)
• A track hoe and related equipment were mobilized to the landfill on May 7,
2001 to install the landfill gas collection trench. (Note: After waste was
found near the property line, installation of the trench was halted until a
registered surveyor could complete a boundary survey of the landfill
property.)

Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
The survey was completed and delivered by Sprinkle Surveying to Altamont
on October 19, 2001.
Test pits were excavated to delineate the edge of waste near the north, east,
and south property lines on November 2, 2001. The edge of waste locations
were surveyed by Lamar Sprinkle. The edge of waste map was delivered to
Altamont on December 6, 2001.
Mr. Jim McElduff of Altamont has communicated regularly with Mr. Poindexter
regarding the above referenced activities until Mr. Poindexter's departure from
the Section. Altamont has also acted on the County's behalf to keep Mr.
Poindexter informed by outlining our future plans (Reference a report from
Altamont sent to Mark Poindexter on September 7, 2001 titled Old Franklin
Landfill, Landfill Gas Update).
ACTIVITIES CONDUCTED AFTER NOV
Upon receipt of the Notice of Violation, we increased our efforts to negotiate the
acquisition of properties with the Church and the Klatts, if necessary. We decided on this
approach as a first line of action based on the following factors.
• Obtaining additional property so as to move the boundary away from the
landfill. Previous landfill gas measurements have demonstrated that addition
of this property would result in compliance along the north property line.
• Obtain a buffer between the waste and property boundaries so that we would
have additional space in which to construct a landfill gas remediation system.
We were already seeking to acquire additional buffer areas due to ground
water issues at the landfill.
PROGRESS OF PROPERTY ACQUISITION ALONG THE NORTH AND
SOUTH BORDERS
Emmanuel Baptist Church -North Boundary
• Mr. McElduff met with Preacher Doug Moore; Pastor at Emmanuel Baptist
Church; regarding access agreement for geo-probe of ground water. Mr.
McElduff was informed that the church had hired Mr. Orville Coward, Atty.
to represent their interests.
• On November 2, 2001, I had a phone conversation with Mr. Coward to
discuss access agreement and land acquisition.
• On November 6, 2001, Mr. McElduff and I met with county attorney Richard
Jones to discuss his representing the County in negotiations with Mr. Coward
with regards to acquisition of a 100ft buffer from the church.
• 1 meet with Mr. Jones again to discuss acquisition of property on November
21, 2001. He sent a letter to Mr. Coward the same day detailing the amount of
property the County was seeking and requesting permission to have the buffer
surveyed and flagged.

Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
• The week of December 10`h, we received permission from the church to have
the 100ft strip surveyed and flagged.
• On December 19, Surveyor, Lamar Sprinkle completed the survey and
provided the county with a map of the site. This was given to Richard Jones
to attach to the county's offer for the purchase of the property. Mr. Jones sent
the offer and plat to Mr. Coward on December 19`h
• The offer was accepted, and the purchase was finalized on December 31, 2001
(A copy of the deed and plat are included as an attachment).
The new property boundary encompasses existing groundwater well MW-6, which is also
part of our methane site sampling plan. Sampling events at MW-6 have never shown any
concentration of methane. We will be installing at least one additional gas probe adjacent
to the existing wells as soon as possible, and add it to our regular sampling events.
Klatt Property -South Boundary
Mr. Larry Lackey; former Director of Solid Waste; made several attempts to
reach the Klatts by phone. The property is held in a trust with the trustees
living in Florida. On a couple of occasions he has spoken with family
members, but has never been able to reach trustees. On November 28, 2001,
Mr. Lackey spoke with a family member who stated that the family would
most likely not be willing to negotiate the purchase of a buffer. At this time
we assumed acquisition of property to not be a viable option within the time
constraints of the compliance date.
Passive Methane Collection Trench
As a result of statement from Klatt family member, on November 28, 2001, I contacted
Mr. McElduff to discuss with him the need to return to our earlier plan of installing a vent
system along the property boundary.
• Based on the information obtained regarding the property and edge of waste
boundaries, Mr. McElduff and I staked a location for the trench on December
11 `h.
• On December 14`h, Appalachian Construction (a local grading contractor) was
contacted to schedule installation of the trench. Work was to begin on
December 20`h, but conflicts with the contractor's schedule forced a delay
until December 27, 2001.
• The trench and vent stacks described below were installed between December
27, 2001, and January 2, 2002.
The trench is two feet wide and 75-feet long. The depth ranges between 16- and 20-feet.
The location of the trench is centered on gas probesGP-13-s, GP-13-I, and GP-13-d.
Generally, the trench is parallel to the property boundary. The distance between the
trench and the property line is approximately 15- to 20-feet. The trench location is shown
on the attached Figure 1.

Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
Three passive vertical vents were installed on 25ft centers. Details of the trench and vent
construction are shown in Figure 2. The vent consists of three eight -foot sections of 4-
inch diameter Schedule 40 polyvinyl chloride (PVC) piping. The two bottom sections are
perforated to facilitate collection of landfill gas. The top section is solid and extends
approximately six feet above the surface. Each vent was completed by installation of a
four inch passive wind turbine. The wind turbine was installed as a means of introducing
a low-pressure vacuum on the passive landfill gas collection system.
The trench was backfilled 12- to 16-feet of washed stone. The stone is covered with a
synthetic fiber to prevent clay from penetrating the stone stratum. The trench was then
completed to the surface by filling the upper four feet with soil. The soil was compacted
using the bucket of the trackhoe.
Gas probes GP- 13-s, GP- 13-i, and GP- 13-d will be monitored weekly for eight weeks to
detennine whether the trench is effective in mitigating regulatory exceedances of landfill
gas concentrations at the property boundary. The County, in conjunction with Altamont,
will then determine whether the trench is an effective means of achieving compliance
along the south property line. If the trench is effective, then it will be extended to the east
and west to eliminate compliance issues related to the migration of landfill gas. If the
trench is not effective, then the County will begin a pilot test of an active landfill gas
recovery system based on installation and operation of extraction wells. Additionally, the
county will continue to pursue acquisition of a buffer along the south property boundary.
We believe that the steps taken to remedy the migration of landfill gas across the property
boundary at both the Emmanuel Baptist Church and Klatt properties have addressed the
requirements listed in the Notice of Violation. As described, the County will continue its
efforts to keep the landfill in compliance with DENR regulations regarding landfill gas.
OTHER COMPLIANCE ISSUES
The letter that contained the NOV also referenced other groundwater -related compliance
issues at the Old Franklin landfill.
Area Water Resource Use
The water resources evaluation completed by Altamont on September 7, 2001 identified
approximately 33 properties in downgradient positions in the vicinity of the landfill. The
County and the Town of Franklin are currently in discussions to determine how each of
the entities will cooperate in aggressively connecting the remaining residents identified
by Altamont to public water. I will be meeting with Town of Franklin Public Works
Director, Jay Gibson within the next two weeks to establish a schedule for making the
connections and discuss the present location and sizes of water mains in the area. Once
the Town and County have developed a plan and schedule for making the connections, I
will notify DENR in future correspondence.

Macon County Department of Solid Waste Management
109 Sierra Drive, Franklin, North Carolina 28734, Ph.:[phone], Fax:[phone]
Water Quality Assessment
Altamont is proceeding with the Phase II Water Quality Assessment in accordance with
the workplan submitted to Mr. Poindexter on October 4, 2001. Approximately two-thirds
of the tasks described in the workplan have been completed. Altamont has reported to
the County that field work for the assessment will be completed during January and
February 2002. The report will be submitted to DENR within a month of receiving all
analytical results.
Sampling and Analyses
The County has used the services of Pisgah Environmental for approximately four years
to complete semi-annual monitoring at the three landfills (Old Franklin, Old Highlands,
MSW). Pisgah has been provided with a copy of the Altamont QA/QC report and is
expect to comply with the DENR request regarding documentation of other related
issues.
Monitoring Point Locations
Sprinkle Surveying has completed a survey of all sampling locations. Altamont will
provide a map of these locations to DENR under separate cover.
If you have any questions or further concerns regarding landfill gas issues at the Old
Franklin landfill, please contact me at [phone].
Sincerely,
l
Michael Chris Stahl
Macon County Director of Solid Waste Management
cc.: Jim Patterson, DENR
Jim McElduff, Altamont Environmental
Sam Greenwood, Macon County

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