N1061_INSP_20220203

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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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: February 3, 2022 Date of Last Inspection: January 11, 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:
Claude Shew, Jr. - Owner
Bart Mathis – Mathis and Son Grading, Inc.
Charles Gerstell, NCDEQ – Solid Waste Section
Jason Watkins, 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:

Unresolved 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.

• 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.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 3

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.

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. Once the property line has been relocated, please ensure all edge of waste markers are adjusted along the eastern
portion of the site to clearly delineate the edge-of-waste. The property line should be clearly marked as well. The
deadline for the Notice of Violation will be extended 60-days from issuance of this inspection report to provide
time to address the relocation of the property line.

OBSERVED VIOLATIONS:
No new violations observed.

ADDITIONAL COMMENTS

1. The inspection was performed to evaluate Mr. Shew’s efforts to comply with the violations 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. Intermittent heavy rain was falling at the time of the inspection.
3. A gate was located at the entrance to the facility. This gate was open upon arrival.
4. The access road leading to the landfill area was of all-weather construction and well maintained.
5. Stationary markers consisting of PVC pipe had been installed around the perimeter of the landfill to delineate the
boundaries of the landfill.
6. 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. Please ensure that accumulated sediment is removed from
the sediment trap and stone check dam following the heavy rains.
7. As noted on the previous inspection report, due to the steepness of slopes at the time of the previous inspection,
and in order to allow for waste to be covered with soil, the Solid Waste Section allowed for a temporary minimum
slope of 2:1. Mr. Mathis noted during the inspection that now that waste has been covered with soil, he will place
waste in a manner to start building a bench along the lower slope to shift towards a 3:1 slope and to assist with
control of stormwater runoff along the slope.
8. Mr. Shew noted that temporary seeding of the slope and other inactive areas would begin once weather conditions
permitted.
9. Both Mr. Shew and Mr. Mathis 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.
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

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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: 2/11/22 Email Hand delivery X US Mail Certified No. [ _]

Copies: Deb Aja, Western District Supervisor - Solid Waste Section