0601_ROSCANS_1991

JOSEPH W. SEEGERS
SAMUEL R. KILGORE. JR.
R. BRUCE LACEY
SEEGERS, KILGORE & LACEY, P. A
ATTORNEYS AT LAW
P. O. BOX 490
NEWLAND. N. C. 28657
January 11, 1991
Mr. Scott Seritt
Atlanta Airports District Office
1680 Phoenix Boulevard, Suite 101
Atlanta, Georgia 30349
Re: Avery County Airport
Dear Mr. Seritt:
1i1.,'*'
" (7041`-,:733.2181
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.-^17041 733-5894
1704) 733.9206
As per our telephone conversation of January 9, 1991, the County
of Avery is now forced with a delima of a choice between continued
operation of the presently existing airport and expansion of the pres-
ently existing landfill. Eventhough the airport traffic is relatively
light (three or four flights per week by small planes for recreation
and -small. -businesses) --the County would -prefer to continue this service
for the benefit of the community.
However, the County also would prefer to continue to offer trash
pick-ups/landfill services to its citizens. One of the very few tracts.
of real estate in the County which would otherwise meet state specif i=
cations adjoining the presently operating landfill but would be within
5,000 feet of the runway. Having been advised that no exceptions are
available the County is now forced with several options, one of which
is closing the airport. "
It is my understanding that the County applied for and received
grants of $41,000.00 in 1963 (for -one-half of the purchase price of the
property), $17,000.00 in 1964 for construction/renovations, and
$115,000.00 in 1977 for repairs/renovations and cutting of trees near
the runway. (Please advise if these dates and amounts are correct.)
Please advise what demands or requirements will be made if the County
would choose to close the airports. We certainly request that the FAA
will consider the unique circumstances here existing and be as lenient
as possible.
I thank you in advance for your assistance.
cc: Mr. Randall Fletcher
County ;tanager
oy,
, Seegers
ttorney
f Aver'!

U.S. Department
of Transportation
Federal Aviation
Administration
JANzV,'�Jdl.
Mr. Joseph W. Seegers
Seegers, Kilgore & Lacey, P.A.
P.O. Box 490
P;ewl and, NC 28657
Dear Mr. Seegers:
Atlanta Airports District Office
1680 Phoenix Parkway, Suite 101
Atlanta, Georgia 30349
Reference is made to your letter of.January 11, 1991. concerning the
existing county landfill and the Avery County -Airport. It is the position
of the Federal Aviation Administration -_(FAA) that landfills closer than
5000 feet, to airports such as the Avery County Airport, are incompatible.
Experience has shown that landfills that close to an airport create a
potentially serious safety hazard to the.flying public Our position in
this matter is non-negotiable.
Should Avery County choose to continue operation of the landfill and the
airport, this office would probably place Avery County in a status of non-
compliance with its agreements with the United -States government. The net
result of this action would be a suspension of any consideration for future
federal funding-. However, due to the level of activity at the airport, it
is doubtful that any funding would be considered in the future, either
under the North Carolina Block Grant or by this office should the block
grant program not be renewed.
If the county chooses to close the airport, the county will be required to
refund, to the federal government. 50% of the current fair market value of
all lands purchased with federal assistance-. This invol-y-es tracts A and 6
(approximately 32 acres) purchased in 1963.
In spite of the low activity level. -we consider the Avery County Airport
to be a very important part of the national system of airports. While it
is certainly the prerogative of Avery County to close this airport, we
would encourage the county to continue the operation. At the same time,
however, we must remind the county of the potential liability should an
aircraft accident be caused by the continued operation of the landfill.
If we may be of further assistance in this matter, please do not hesitate
to contact. us.
Sincerely,
Scott L. Seritt
Assistant Manager
Safety and Program Development
cc: North Carolina Cepartment of Transportation
PARTNERS IN CREATING TCiv10RFCNN'_:Z

N.C. DepwMENT OF HUMAN RESOURCES
WEATHER CONDITIONS DIVISION OF HEALTH SERVICES
INSPECTION, FOR SANITARY LANDFILLS
PERMIT NUMBEit
NAME OF SITE
LOCATION
COUNTY
SIGNATURE OF PERSON(S) RECEIVING REPORT
- SIR: AN INSPECTION OF -YOUR LAND DISPOSAL SITE HAS BEEN MADE THIS DATE AND YOU ARE NOTIFIED OF THE VIOLATIONS, IF ANY, MARKED BELOW
WITH A CROSS (X).
(1) PLAr.i eNinDCDAAITREQUion 9)_SI6N-REQUIRfME —
(a) Construction plans shall be approved and followed. — (a) Signs providing information on dumping procedures, the hours
(b) Specified monitoring and reporting requirements shall be met. during which the site is open for public use, the permit number
and other pertinent information shall be posted at the site
(2) SPREADING AND COMPACTING REQUIREMENTS entrance.
(a) Solid waste shall be restricted into the smallest area feasible. _ (b) Signs shall be posted stating that no hazardous or liquid waste
(b) Solid waste shall be compacted as densely as practical into cells. can be received without written permission from the division.
(3) COVER REQUIREMENTS
(a) Solid waste shall be covered after each day of operation, with a
compacted layer of at least six inches of suitable cover or as
specified by the division.
(b) Areas which will not have additional wastes placed on them for
12 months or more shall be covered with a minimum of one foot
of intermediate cover.
(c) After final termination of disposal operations at the site or a
major partthereof or upon revocation of a permit, the area shall
be covered with at least two feet of suitable compacted earth.
(4) EROSION CONTROL REQUIREMENTS
(a) Adequate erosion control measures shall be practiced to pre-
vent silt from leaving the site.
(b) Adequate erosion control measures shall be practiced to pre-
vent -excessive -on -site erosion.
(5) DRAINAGE CONTROL REQUIREMENTS
(a) Surface water shall be diverted from the operational area.
— (b) Surface water shall not be impounded over or in waste.
— (c) Completed areas shall be adequately sloped to allow surface
water runoff in a controlled manner.
(6) VEGETATION REQUIREMENTS
(a) Within six months after final termination of disposal operations
at the site on a major part thereof or upon revocation of a
permit, the area shall be stabilized with native grasses.
—(b) Temporary seeding will be utilized as necessary to stabilize the
site.
(7) WATER PROTECTION REQUIREMENTS
— (a) The separation distance of four (4) feet between waste and
water table shall be maintained unless otherwise specified by
the division in the permit.
— (b) Solid waste shall not be disposed of in water.
(c) Leachate shall be contained on site or properly treated prior to
discharge. An NPDES permit may be required prior to the dis-
charge of leachate to surface waters.
(8) ACCESS AND SECURITY REQUIREMENTS
(a) The site shall be adequately secured by means of gates, chains,
berms, fences, and other security measures approved by the
division, to prevent unauthorized entry.
— (b) An attendant shall be on duty at the site at all times while it is
open for public use to ensure compliance with operational
requirements.
— (c) The access road to the site shall be of all-weather construction
and maintained in good condition.
(d) Dust control measures shall be implemented where necessary.
REMARKS:
DATE:
NAME:
(c) Traffic signs or markers shall be provided as necessary to pro-
mote an orderly traffic pattern to and from the discharge area
and to maintain efficient operating conditions.
(10) SAFETY REQUIREMENTS
— (a) Open burning of solid waste is prohibited.
— (b) Equipment shall be provided to control accidental fires or
arrangements shall be made with the local fire protection
agency to immediately provide fire -fighting services when
needed.
—(c) Fires that occur at a sanitary landfill shall be reported to the
division within 24 hours and a written notification shall be
submitted within 15 days.
— (d) The removal of solid waste from a sanitary landfill is prohibited
unless the owner/operator approves and the removal is not
performed on the working face.
— (e) Barrels and drums shall not be disposed of unless they are empty
and perforated sufficiently to ensure that no liquid or hazard-
ous waste is contained therein.
(11) WASTE ACCEPTANCE AND DISPOSAL REQUIREMENTS
— (a) A site shall only accept those solid wastes which it is permitted to
receive.
— (b) No hazardous, liquid, or infectious waste shall be accepted or
disposed of in a sanitary landfill except as may be approved by
the division.
(c) Spoiled foods, animal carcasses, abattoir waste, hatchery waste,
and other animal waste delivered to the disposal site shall be
covered immediately.
— (d) Asbestos waste that is packaged in accordance with 40 CFR 61, as
amended through January 1,1985, may be disposed of separate
and apart from other solid wastes at the bottom of the working
face or in an area not contiguous with other disposal areas, in
either case, in virgin soil. Separate areas shall be clearly marked
so that asbestos is not exposed by future land -disturbing activi-
ties. The waste shall be covered immediately with soil in a
manner that will not cause airborne conditions. Copies of 40
CFR 61 may be obtained and inspected at the Solid and Hazard-
ous Waste Management Branch, Division of Health Services,
P. O. Box 2091, Raleigh, NC, 27602.
(12) MISCELLANEOUS REQUIREMENTS
—(a) Effective vector control measures shall be applied to control
flies, rodents, and other insects or vermin when necessary.
— (b) Appropriate methods such as fencing and diking shall be pro-
vided within the area to confine solid waste subject to be blown
by the wind. At the conclusion of each day of operation, all
windblown material resulting from the operation shall be col-
lected and returned to the area by the owner or operator.
Solid and Hazardous Waste Management Branch
DHS 1709 (Revised 4/85)
Solid & Hazardous Waste Management Branch (Review 4/86) (white — Raleigh Office yellow — Facility green — Preparer)

N.C. DEPARTMENT OF HUMAN RESOURCES
WEATHER CONDITIONS DIVISION OF HEALTH SERVICES PERMIT NUMBER
INSPECTION FOR SANITARY LANDFILLS
SIR: AN INSPECTION GF—YOUR LAND fISPOSAL SITE HAS BEEN MADE THIS DATE AND YOU ARE NOTIFIED OF THE VIOLATIONS, IF ANY, MARKED BELOW
WITH A CROSS (X).
_ (1) PLAN AND PERMIT REQUIREMENTS (9)—SfGN-REQW- REM
(a) Construction plans shall be approved and followed. _ (a) Signs providing information on dumping procedures, the hours
(b) Specified monitoring and reporting requirements shall be met. during which the site is open for public use, the permit number
and other pertinent information shall be posted at the site
(2) SPREADING AND COMPACTING REQUIREMENTS entrance.
(a) Solid waste shall be restricted into the smallest area feasible. _ (b) Signs shall be posted stating that no hazardous or liquid waste
(b) Solid waste shall be compacted as densely as practical into cells. can be received without written permission from the division.
(3) COVER REQUIREMENTS
(a) Solid waste shall be covered after each day of operation, with a
compacted layer of at least six inches of suitable cover or as
specified by the division.
— (b) Areas which will not have additional wastes placed on them for
12 monthsor more shall be covered with a minimum of one foot
of intermediate cover.
(c) After final termination of disposal operations at the site or a
major part thereof or upon revocation of a permit, the area shall
be covered with at least two feet of suitable compacted earth.
(4) EROSION CONTROL REQUIREMENTS
(a) Adequate erosion control measures shall be practiced to pre-
vent silt from leaving the site.
(b) Adequate erosion control measures shall be practiced to pre-
--_—. — vent_excessive_on-site erosion.
(5) DRAINAGE CONTROL REQUIREMENTS
(a) Surface water shall be diverted from the operational area.
(b) Surface water shall not be impounded over or in waste.
(c) Completed areas shall be adequately sloped to allow surface
water runoff in a controlled manner.
(6) VEGETATION REQUIREMENTS
(a) Within six months after final termination of disposal operations
at the site on a major part thereof or upon revocation of a
permit, the area shall be stabilized with native grasses.
(b) Temporary seeding will be utilized as necessary to stabilize the
site.
(7) WATER PROTECTION REQUIREMENTS
(a) The separation distance of four (4) feet between waste and
water table shall be maintained unless otherwise specified by
the division in the permit.
— (b) Solid waste shall not be disposed of in water.
(c) Leachate shall be contained on site or properly treated prior to
discharge. An NPDES permit may be required prior to the dis-
charge of leachate to surface waters.
(8) ACCESS AND SECURITY REQUIREMENTS
(a) The site shall be adequately secured by means of gates, chains,
berms, fences, and other security measures approved by the
division, to prevent unauthorized entry.
— (b) An attendant shall be on duty at the site at all times while it is
open for public use to ensure compliance with operational
requirements.
(c) The access road to the site shall be of all-weather construction
and maintained in good condition.
(d) Dust control measures shall be implemented where necessary.
REMARKS: 1/%
DATE: 't1 NAME:
— (c) Traffic signs or markers shall be provided as necessary to pro-
mote an orderly traffic pattern to and from the discharge area
and to maintain efficient operating conditions.
(10) SAFETY REQUIREMENTS
— (a) Open burning of solid waste is prohibited.
(b) Equipment shall be provided to control accidental fires or
arrangements shall be made with the local fire protection
agency to immediately provide fire -fighting services when
needed.
—(c) Fires that occur at a sanitary landfill shall be reported to the
division within 24 hours and a written notification shall be
submitted within 15 days.
— (d) The removal of solid waste from a sanitary landfill is prohibited
unless the owner/operator approves and the removal is not
performed on the working face._
(e) Barrels and drums shall not be disposed of unless they are empty
and perforated sufficiently to ensure that no liquid or hazard-
ous waste is contained therein.
(11) WASTE ACCEPTANCE AND DISPOSAL REQUIREMENTS
(a) A site shall only accept those solid wastes which it is permitted to
receive.
— (b) No hazardous, liquid, or infectious waste shall be accepted or
disposed of in a sanitary landfill except as may be approved by
the division.
— (c) Spoiled foods, animal carcasses, abattoir waste, hatchery waste,
and other animal waste delivered to the disposal site shall be
covered immediately.
— (d) Asbestos waste that is packaged in accordance with 40 CFR 61, as
amended through January 1,1985, may be disposed of separate
and apart from other solid wastes at the bottom of the working
face or in an area not contiguous with other disposal areas, in
either case, in virgin soil. Separate areas shall be clearly marked
so that asbestos is not exposed by future land -disturbing activi-
ties. The waste shall be covered immediately with soil in a
manner that will not cause airborne conditions. Copies of 40
CFR 61 may be obtained and inspected at the Solid and Hazard-
ous Waste Management Branch, Division of Health Services,
P. O. Box 2091, Raleigh, NC, 27602.
(12) MISCELLANEOUS REQUIREMENTS
— (a) Effective vector control measures shall be applied to control
flies, rodents, and other insects or vermin when necessary.
(b) Appropriate methods such as fencing and diking shall be pro-
vided within the area to confine solid waste subject to be blown
by the wind. At the conclusion of each day of operation, all
windblown material resulting from the operation shall be col-
lected and returned to the area by the owner or operator.
Solid and Hazardous Waste Management Branc
DHS 1709 (Revised 4/85)
Solid & Hazardous Waste Management Branch (Review 4/86) (white — Raleigh Office yellow — Facility green — Preparer)

very County board 0/ Commi-mioneri _
6
nn QQ :�L\Jo� ,
p 0 K,Sox 638 �ewlanct, C 28657 Z
704- 733-5186
Pat V. Eller, Chairman
Samuel L. Ray, Jr., Vice -Chairman
Gary- Edwards
Fred B. Banner
Susan B. Pittman
County Manager
November 8, 1991
James Patterson
Waste Management Specialist
Solid Waste Section -Asheville Office
59 Woodfin Place
Asheville, N.C. 28801
RE: Request for extension of deadline for scale installation
Dear Mr. Patterson,
I am writing in regards to your letter of November 1, 1991 in
which Avery County was given to November 15 to have scales
installed at its current landfill or face the possibility of
fin -es byy-o-u-r section-.-- I-t- i s Avery C o u-n-t y' s i n-ten-t-i_o-n. t-o
comply with the Solid Waste Section's demands to the best of
our abilities. Consequently, I have authorized the issuance
of a bid package for Avery County for a set of 70 foot 60 ton
scales. This is in conjunction with several other counties
which are also facing the possibility of fines from the Solid
Waste Section.
We expect to receive bids by November 18, 1991. I realize
that this is past the section's deadline of November 15,
but I do not believe that we are able to move any faster than
this. This is due to several reasons. The first of which is
that we received your letter notifying the county of its
violation on November 1, 1991 and the same letter established
the November 15 deadline. As you are aware when making a
capital purchase such as this, there are a number of state
laws that local governments must adhere to. Consequently, it
is simply not possible, to bid the project, negotiate a
contract, and have the scales installed by November 15. How-
ever, the county will make every effort to expedite this
process,

i
As I mentioned earlier, it is the intention of Avery County to
o m p- -y with the —Solid— Waste e-c -ions—-e-m-a-n -s— -o -Elie— beSE o
our abilities. However, because of the reasons mentioned
above, I am formally asking for a 3-month extension which will
enable the county to purchase and install scales.
I hope that we can resolve this situation to our mutual bene-
fits. If you have any questions please do not hesitate to
contact me.
Sincerely,
Randall Fletcher
Avery County Manager
RF/spd