N0498_INSP_20220401

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
NIT TYPE:
Lined
LCID
X
YW
Transfer
Compost
SLAS
COUNTY: Rowan
MSWLF
PERMIT NO.: N0498
Closed
xxw
white
Incin
T&P
FIRM
MSWLF
goods
FILE TYPE: COMPLIANCE
CDLF
TireT&P/
Tire
Industrial
DEMO
SDTF
Collection
Monofill
Landfill
Date of Site Inspection: 4/1/2022
FACILITY NAME AND ADDRESS:
Kepley Construction LCID
2570 Sherrills Ford Road
Salisbury, NC 28147
Date of Last Inspection: 10/18/2016
GPS COORDINATES (decimal degrees): Lat.: 35.67513 Long.:-80.53679
FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Mike Kepley, Owner
Telephone: [phone]
Email address: [e-mail]
FACILITY CONTACT ADDRESS:
Same as above
PARTICIPANTS:
Mike Kepley, Owner
Josh Canup, Environmental Compliance Specialist, Rowan County Planning Department
Charles Gerstell — NCDEQ — Environmental Senior Specialist — Solid Waste Section
Kim Sue — NCDEQ — Environmental Senior Specialist — Solid Waste Section
STATUS OF PERMIT:
Original LCID Notification was filed on 8/4/1999 by W.A. Kepley, Jr. on property owned by W.A. Kepley, Jr. The
property was deeded from grantors Kepley Properties, LLC, W.A. Kepley, Jr, Amanda Kepley Antosek, individually and
as Administratrix of the Estate of Kay O. Kepley, Anthony Bryan Kepley, Christopher Michael Kepley to grantees
Anthony Bryan Kepley, Christopher Michael Kepley on 10/15/2015.
PURPOSE OF SITE VISIT:
Complaint Inspection
STATUS OF PAST NOTED VIOLATIONS:
N/A
OBSERVED VIOLATIONS:
1. 15A NCAC 13B .0564(6) states in part: "A site shall maintain the following buffer requirements:
(a) 50 feet from the waste boundary to waters of the State as defined in G.S. 143-212.
(b) 100 feet from the waste boundary to property lines, residential dwellings, commercial or public buildings, and
potable wells ".
During the inspection waste was observed on the bank of an Unnamed Tributary (UT) to Grants Creek.
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FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
2. 15A NCAC 13B .0566(1) states: "The site shall only accept those solid wastes that it is permitted to receive ".
During the inspection PVC pipe, chain link fence, plastic corrugated pipe, fabric material and metal pipe was observed
in the area of the slope failure on the northern side slope. Therefore, Kepley Construction LCID is in violation of 15A
NCAC 13B .0566(1).
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FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Unacceptable waste observed in landfill. Top left — PVC
pipe, chain link fence. Top right — PVC pipe. Lower left -
Metal pipe, PVC pipe, sheet metal. Photo taken by Kim
Sue 4/l/2022.
3. 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".
During the inspection the slope of the landfill was observed to be nearly vertical where the slope failure occurred.
Therefore, Kepley Construction LCID is in violation of 15A NCAC 13B .0566(2).
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 maybe 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 was a Land Clearing and Inert Debris Landfill Notification site which was permitted to accept only land
clearing waste, inert debris, untreated wood and yard trash.
2. Mr. Kepley stated the landfill was no longer in operation.
3. The original application was recorded with the Rowan County Register of Deeds on August 4, 1999 by W.A. Kepley,
Jr.
4. Mike Kepley pointed out the area of the landfill where the slope failed. He stated the debris that was in the unnamed
tributary was removed and set on the edge of the bank.
5. The slope had vegetative growth along with exposed waste.
6. The follow corrective actions are necessary to obtain compliance with the applicable solid waste laws and rules:
a. Remove all unacceptable solid waste from the site, including any that may be buried, and properly dispose of
it in a facility permitted by the Division of Waste Management. Proof of disposal must be submitted to the
Solid Waste Section in the form of disposal receipts indicating the facility where the waste was disposed.
Receipts for disposal of all the waste should be sent to:
Kim Sue, Environmental Senior Specialist
Division of Waste Management/Solid Waste Section
610 E. Center Avenue
Mooresville, NC 28115
[phone]
Kim. sue@ncdenr. gov
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FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
b. Remove all waste from the vicinity of the tributary of Grants Creek in order to establish the minimally
required buffer of 50 ft.
c. Regrade all landfill slopes to as close to 3:1 as possible. Where a true 3:1 slope cannot be met, alternative
methods such as benching, etc may be allowed under consultation with the Section.
7. Mr. Kepley stated the landfill is no longer in operation. Therefore, once the above corrective actions in #6 have
been achieved, initiation of official closure of the landfill in accordance with 15A NCAC 13B .0567 must occur as
follows:
(1)(A). The disposal area must be covered with no less than one foot of soil cover sloped to direct the flow of
surface water from the landfill.
(1)(B). Soil cover must be stabilized with vegetative ground cover or other stabilizing material.
(2) The owner or operator of a site shall complete the closure activities within 120 days after beginning the
closure activities as specified in Subparagraph (1) of this Paragraph.
(3) Within 30 days of completion of closure of the site, the owner or operator shall submit to the Division a
certification verifying that closure has been completed in accordance with this Rule.
Please contact me if you have any questions or concerns regarding this inspection report.
Digitallysigned, Kim Sue
DN: cn=Kim Sue, —Division to Waste
` Management, ou=Solid Waste Section,
email=[e-mail], c=US
Date: 2022.04.26 07:39:50 -04'00' Phone: [phone]
Kim Sue
Environmental Senior Specialist
Regional Representative
Sent to: Kepley Construction
Email
Hand delivery
US Mail
X
Certified No. 7020 3160
LCID 4/26/2022
0000 3279
Copies: Jason Watkins, Field Operations Branch Head — Solid Waste Section
Deb Aja, Western District Supervisor - Solid Waste Section
Charles Gerstell, Environmental Senior Specialist — Solid Waste Section
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