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FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
UNIT TYPE:
Lined
LCID
X
YW
Transfer
Compost
SLAS
COUNTY: DURHAM
MSWLF
PERMIT NO.: 32F-LCID-
Closed
HHW
White
Incin
T&P
FIRM
MSWLF
goods
FILE TYPE: COMPLIANCE
CDLF
TireT&P
Tire
Industrial
DEMO
SDTF
Collection
Monofill
Landfill
Date of Site Inspection: March 17, 2022
FACILITY NAME AND ADDRESS:
Fogleman and Fogleman Landfill and Recycling Facility
4005 Intermere Road
Durham, North Carolina 27704
Date of Last Inspection: November 23, 2021
GPS COORDINATES: Lat.: 36.05502' Long.:-78.81176'
FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Jay Fogleman, Landfill Manager
Telephone: [phone] (o), 919.795.4386 (c)
Email address: [e-mail]
FACILITY CONTACT ADDRESS:
Fogleman Soils, Landfill & Recycling
Linda Fogleman, Secretary/Treasurer
4005 Intermere Road
Durham, North Carolina 27704
PARTICIPANTS:
Amanda Thompson — NCDEQ, Solid Waste Section
Drew Hammonds — NCDEQ, Solid Waste Section
Jason Watkins — NCDEQ, Solid Waste Section
Jay Fogleman — Landfill Manager
STATUS OF PERMIT:
Permit issued March 28, 2017. The permit expires on December 16, 2021. The Permit renewal paperwork was submitted
to the Section for approval on September 2, 2021.
PURPOSE OF SITE VISIT:
Compliance Inspection and Technical Assistance
STATUS OF PAST NOTED VIOLATIONS:
1. 15A NCAC 13B .0566 (3) states, "All waste shall be covered with no less than six inches of soil monthly, or
when the working face reaches one acre in size, whichever occurs first."
Facility Permit 32F-LCID, issued March 28, 2017, Attachment 3, Part II, Number 12 states, "Adequate soil
cover shall be applied monthly or when the active area reaches one acre in size, whichever occurs first, or mor often
when necessary to prevent the site from becoming a nuisance or to mitigate conditions associated with fire,
windblown materials, vectors, or excessive water filtration."
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FACILITY COMPLIANCE INSPECTION REPORT
D_E Q�� Division of Waste Management
NORTH CAROLINA
O.paN W Emironm l pu.lily
Solid Waste Section
Operational Plan, approved by the Section on March 28, 2017, Section 2.8.1 Periodic Cover states, "At the
completion of waste placement each week, or sooner if the area of exposed waste exceeds '/2 acre in size, a 6-inch
layer of earthen material or other material as approved by the DWM will be placed over the exposed waste. This
periodic cover is intended to control vectors, fire, odors, and blowing debris,"
And Section 2.8.8 Intermediate Cover states, "a 12-inch layer of soil cover should be placed on all waste surfaces
that have not received waste in 30 days but are below final elevation. This intermediate cover should be seeded
immediately and graded such that all precipitation runoff is channeled to the surface water system."
CORRECTIVE ACTIONS IN PROGRESS: At the time of this inspection, several areas of previously uncovered
waste had been covered. Mr. Fogleman is in the process of properly sloping and covering the waste. Continue to
properly slope and cover the waste with adequate soil cover.
2. 15A NCAC 13B .0566 (2) states, "Solid waste in the landfill shall be compacted. Slopes shall not exceed a ratio of
three horizontal to one vertical at any time."
Facility Permit 32F-LCID, issued March 28, 2017, Attachment 3, Part H, Number 7 states, "Fill and
excavation operations must be contained with the approved elevation contours as shown in the approved plan
documents. Side slopes must not exceed a ratio of three horizontal feet to one vertical foot (3:1)"
CORRECTIVE ACTIONS IN PROGRESS: At the time of this inspection, several areas of the side slopes were
determined to be steeper than three horizontal to one vertical. A schedule for reworking the side slopes was provided
in the Corrective Action Plan which was submitted on December 29, 2021. Additional discussions are necessary
between Mr. Fogleman and Section Staff concerning the timeline for this action as suggested in the CAP.
Continue to rework the side slopes so that they are properly sloped and covered.
3. 15A NCAC 13B .0566 (1) states, "The site shall only accept those solid wastes that it is permitted to receive."
RESOLVED: At the time of this site inspection, no unacceptable wastes were observed within the waste stream.
4. 15A NCAC 13B .0564 (6)(b) states, "Buffer Requirements: A site shall maintain the following buffer requirements:
100 feet from the waste boundary to property lines, residential dwellings, commercial or public buildings, and
potable wells."
CORRECTIVE ACTIONS IN PROGRESS: Mr. Fogleman stated that he had moved the waste away from the
property boundary; however, due to the recent heavy rains that the area had received that morning, the Section was
unable to observe the property boundary in relation to the location of the waste. A follow-up inspection will be
completed once the area is drier.
5. 15A NCAC 13B .0567 (c)(1)(B) states, "Post Closure Requirements ... Maintenance of the vegetative cover of the
cap, and ensuring that trees and other woody vegetation do not become established on the cap."
CORRECTIVE ACTIONS IN PROGRESS: At time of this inspection, a majority of the previously mature trees
had been removed from the eastern side slope. Mature trees were observed growing near the toe of the eastern side
slope. Continue to remove the mature trees from the eastern side slope and repair the cap as necessary and
to ensure that final cover requirements can be accomplished.
6. 15A NCAC 13B .0566 (8) states, "Surface water shall be diverted from the working face and shall not be impounded
over waste."
CORRECTIVE ACTIONS IN PROGRESS: At the time of this inspection, several areas of standing water were
observed on the top of the LCID. This standing water was likely the result of the recent heavy rains. It was also
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FACILITY COMPLIANCE INSPECTION REPORT
D_E Q�� Division of Waste Management
NORTH CAROLINA
OepaNnent W Environnnnbl puelily
Solid Waste Section
noted at the time of this inspection that Mr. Fogleman was in the process of grading the area to shed water. Once
the area is drier, continue to grade the area to promote positive drainage of surface water away from the top
of the LCID.
7. 15A NCAC 13B .0566 (9) states, "Solid waste shall not be disposed of in water."
RESOLVED: The previously identified land clearing debris in the woods processing area had been removed from
the top of the LCID.
OBSERVED VIOLATIONS:
None.
The item(s) listed above were observed by Section staff and require action on behalf of the facility in order to come into or maintain compliance
with the Statutes, Rules, and/or other regulatory requirements applicable to this facility. Be advised that pursuant to N.C.G.S. 130A-22, an
administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid Waste Laws, Regulations, Conditions of a Permit,
or Order under Article 9 of Chapter 130A of the N.C. General Statutes. Further, the facility and/or all responsible parties may also 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.
ADDITIONAL COMMENTS
1. The facility is a land clearing and inert debris (LCID) landfill. The facility is permitted to receive land clearing
waste, inert debris, yard trash, and asphalt. The facility is also permitted to receive wooden pallets for processing,
not for disposal in the LCID.
2. Proper facility sign posted at the facility entrance showing the contact name and number in case of an emergency
and the permit number.
3. The facility is properly secured with a locked gate. Personnel are on site during operating hours which are Monday
through Friday from 7:OOAM to 4:OOPM.
4. Section 2.5 of the operations plan states that the facility randomly screens 1 % of the vehicles by volume near the
working face.
5. The facility site plan, operations plan, and permit were not reviewed with the site operator at this inspection.
6. Permanent edge of waste markers that accurately delineate the entire waste disposal boundary must be
installed and maintained.
7. Operations Plan, Section 2.8 Cover, states that waste will be covered weekly or sooner if exposed waste exceeds
'/2 acre in size. It appeared that the exposed waste was more than %2 acre at the time of this inspection. This includes
the exposed waste along the length of the haul road along the western side of the landfill. It is recommended
that the facility cover the waste in accordance with the approved operations plan moving forward.
8. Access roads shall be of all-weather construction and shall be maintained to allow access by vehicles
transporting waste, Department staff and fire -fighting vehicles. At the time of this inspection, Mr. Fogleman
stated that the current working face was extremely wet and that several trucks had to be pulled out with heavy
equipment. It was recommended during the inspection, that Mr. Fogleman identify a second working face that
could be utilized during inclement weather. Additional areas where waste is disposed of must be covered when
not in use to ensure that exposed waste is maintained in accordance with the operations plan.
9. Digital pictures were taken during the inspection.
10. Corrective measures must continue to bring the site into compliance.
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FACILITY COMPLIANCE INSPECTION REPORT
D_E Q�� Division of Waste Management
NORTH CAROLINA
OepaNnent W Environnnnbl puelily
Solid Waste Section
Please contact me if you have any questions or concerns regarding this inspection report.
Amanda Digitally signed by Amanda
Thompson
Thompson Date: 2022.03.29 14:54:54 -04'00'
Amanda Thompson
Environmental Senior Specialist
Regional Representative
Phone: [phone]
Sent on: March 29, 2022 X Email Hand delivery US Mail Certified No.
Copies: Jason Watkins, Field Operations Branch Head — Solid Waste Section
Drew Hammonds, Eastern District Supervisor — Solid Waste Section
Jordan Russ, Permitting Engineer
Chris Hollinger, Compliance Officer — Solid Waste Section
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FACILITY COMPLIANCE INSPECTION REPORT
D_E Q�� Division of Waste Management
NORTH CAROLINA
OepaNnent W Environnrenbl puelily
Solid Waste Section
Digital Photos taken by Amanda Thompson on March 17, 2022.
p
View of the eastern side slope, where the mature trees had
been removed.
View of uncovered land clearing waste near the
northwestern corner of the LCID.
View of uncovered waste along the western side slope.
View of the top of the LCID.
View of the active working face of the LCID.
View of uncovered waste along the western side slope.
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