N1061_INSP_20220330

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 3

UNIT TYPE:
Lined
MSWLF LCID X YW Transfer Compost SLAS COUNTY: Wilkes
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: N1061
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: March 30, 2022 Date of Last Inspection: February 3, 2022

FACILITY NAME AND ADDRESS:
Shew Farms LCID
Dellaplane Road
Roaring River, North Carolina

GPS COORDINATES (decimal degrees): Lat.: 36.18710 Long.: -81.03045

FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Claude Shew Jr., Owner
Telephone: [phone]
Email address: none

FACILITY CONTACT ADDRESS:
955 Dellaplane Road
Roaring River, North Carolina 28669

PARTICIPANTS:
Charles Gerstell, NCDEQ – Solid Waste Section

STATUS OF PERMIT:
A Land Clearing and Inert Debris Landfill Notification was filed with the Wilkes County Register of deeds on
December 9, 2010.

PURPOSE OF SITE VISIT:
Comprehensive Inspection

STATUS OF PAST NOTED VIOLATIONS:
Resolved Violation - 15A North Carolina Administrative Code 13B .0564(6)(b) states: “(6) Buffer Requirements: A
site shall maintain the following buffer requirements: (b) 100 feet from the waste boundary to property lines, residential
dwellings, commercial or public buildings, and potable wells.

x A previous review of Wilkes County GIS data indicated that waste had been placed within the 100-foot buffer
to the east property boundary. Phone conversations with Mr. Shew and Mr. Bart Mathis on October 28, 2021
confirmed waste had been placed within the required 100-foot buffer to the east property boundary. Therefore,
Claude Shew was found in violation of 15A NCAC 13B .0564(6)(b).

To achieve compliance, Claude Shew, Jr. was required to complete steps to ensure that the 100-foot buffer had been
established between disposed waste and the east property boundary within 90-days of receipt the Notice of Violation.

Inspection of the site on December 2, 2021 found waste had been moved away from the eastern property boundary. It
was determined that a follow-up inspection was to be performed at a later date to allow for the excavation of test pits to
ensure all waste associated with landfill activities have been moved out of the required 100-foot buffer to the property
boundary.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 3

Inspection of the facility on January 11, 2022 found edge-of-waste markers had been installed around the perimeter of
the landfill. However, markers on the east side of the landfill were only an average of 53-feet from the eastern property
boundary. This appeared to indicate waste is located within the required 100-foot buffer to the east property boundary.
Mr. Shew confirmed on site during the inspection that waste from initial clearing of the property was placed within the
100-foot buffer area. Mr. Bart Mathis also confirmed during a phone conversation on January 19, 2022 that waste from
facility operations was still located with the 100-foot buffer.

The 100-foof buffer was discussed with Mr. Shew and Mr. Mathis during the February 3rd inspection. Mr. Shew and
Mr. Mathis stated they would work together to move the eastern property boundary to establish a 100-foot buffer free of
waste.

On March 9, 2022, the Solid Waste Section received information from Mr. Bart Mathis showing the revised property
boundaries and survey information. A follow-up inspection was performed on March 30, 2022 during which time
measurements were taken from the edge-of-waste markers to the new property boundary markers. Measures were
greater than 100-feet. Therefore, this violation is considered resolved. Thank you for your cooperation in this
matter.

OBSERVED VIOLATIONS:
No new violations observed.

ADDITIONAL COMMENTS

1. The inspection was performed to evaluate Mr. Shew’s efforts to comply with the remaining violation documented
in the Notice of Violation issued to Mr. Shew on November 4, 2021. Please refer to “Status of Past Noted
Violations” for comments.
2. The landfill is for private use and not open to the public.
3. A gate was located at the entrance to the facility. This gate was open upon arrival.
4. The facility has proper signage.
5. The access road leading to the landfill area was of all-weather construction and well maintained.
6. Stationary markers consisting of PVC pipe had been installed around the perimeter of the landfill to delineate the
boundaries of the landfill.
7. Erosion and sedimentation control measures were provided on site. A sediment trap and a stone check dam had
been installed along the northern perimeter of the site. Accumulated sediment must be removed from the device
restoring original sediment storage capacity.
8. Majority of waste was covered with soil at the time of inspection.
9. All damaged silt fence along the toe of the fill slopes must be repaired.
10. During the inspection, a piece of metal pipe and multiple creosote treated timbers were observed within a pile of
soil which had been staged at the facility. Mr. Shew was contacted by phone to advise him the pipe and timbers
were unacceptable for disposal at the landfill and would have to be removed. Mr. Shew stated he would remove
the material from the landfill.
11. All inactive portions of the landfill must be seeded and stabilized with a groundcover sufficient to restrain erosion.

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.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 3

12. Both Mr. Shew and Mr. Mathis previously expressed their intent to apply for a full LCID permit to allow future
expansion of the landfill. A Yard Waste Notification may also be obtained to allow processing of land clearing
debris while the permit is being sought to reduce the need to landfill most materials and therefore conserve current
space availability.

Please contact me if you have any questions or concerns regarding this inspection report.

________________________________________ Phone: [phone]
Charles T. Gerstell
Environmental Senior Specialist
Regional Representative

Sent on: 4/8/22 Email Hand delivery X US Mail Certified No. [ _]

Copies: Deb Aja, Western District Supervisor - Solid Waste Section
Digitally signed by Charles T. Gerstell
DN: cn=Charles T. Gerstell, o=Divsion of Waste
Management, ou=Solid Waste Section,
email=[e-mail], c=US
Date: 2022.04.08 11:37:28 -04'00'