HomeMy WebLinkAboutN0061_CLOSURE_20221010
10 October 2022
Sent via email to: martha.kellum@yahoo.com
Durwood Humphrey & Sons LCIDLF Notification #N0061
1176 Clayton Humphrey Road
Jacksonville, NC 28546
Attn: Martha J Kellum
SUBJECT: Landclearing and Inert Debris (LCID) Landfill Closure
Landfill Notification #N0061
216 Clayton Humphrey Road
Jacksonville, Onslow County
Recorded in the Onslow County Grantor Index: Book 1192; Pages 74‐79
Dear Ms Kellum:
On 4 October 2022, Ray Williams, representing the State of North Carolina, Division of Waste
Management Solid Waste Section, met with you and inspected the above referenced facility for
compliance with North Carolina solid waste statutes and rules. Based on statements given by
yourself during the site inspection, the site is no longer receiving waste, and has not received any
waste for disposal for more than 20 years.
During this final inspection, a handheld soil probe was used in random areas throughout the
disposal footprint to measure the depth of cover. From the cover measurements and observation
of the well‐established warm season grass cover crop, it was determined that the site has been
closed in accordance with the procedures outlined in the Solid Waste Management Rules 15A
NCAC 13B .0567 (b)(1)(a) and (b) in that it has been covered and graded to promote the positive
flow of surface waters away from the disposal area and a groundcover suitable to prevent erosion
of the landfill cap has been established throughout the Facility.
Please note the following Post‐Closure Care Requirements:
1) 15A NCAC 13B .0567 (b)(4) states “When a site has been closed in accordance with
this Rule, the permit is terminated. Any future solid waste management or disposal at
the site shall require a new permit.”
2) 15A NCAC 13B .0567 (c)(1) states “Following closure of the site, the owner or operator
shall conduct post‐closure care in accordance with the closure and post‐closure care
plan incorporated into the permit and the following requirements:
(A) maintenance of the cap system, including making repairs to the cover to
correct the effects of settlement, subsidence, erosion, or other events, and
preventing surface water run‐on and run‐off from eroding or otherwise
damaging the cap system;
(B) maintenance of the vegetative cover of the cap, and ensuring that trees
and other woody vegetation do not become established on the cap;
(C) maintenance of vehicle and fire‐fighting lanes to allow access to the entire
waste boundary of the site;
(D) groundwater, surface water, and explosive gas monitoring in accordance
with the closure and post closure care plan, if it is required by the Division
to determine compliance with Rule .0566(11) or (13) of this Section;
(E) maintenance of the operating record by the owner or operator. The
operating record shall be made available to the Division for inspection upon
request during the post‐closure care period; and
(F) any additional actions that the Division may request in writing if the
Division determines that the actions are necessary to correct any condition
that may be injurious to the public health or a nuisance to the community.
In making this determination, the Division shall consider the compliance
history of the site, the circumstances and use of properties adjacent to the
site, the use of groundwater and surface water downgradient of the site,
and any groundwater, surface water, and explosive gas monitoring
results.”
3) 15A NCAC 13B .0567 (c)(2) states “Property lines shall not be altered to result in
reduction of the buffer areas set forth in Rule .0564(6) of this section or stated in the
site permit.”
4) 15A NCAC 13B .0567 (c)(3) states “The buffer areas set forth in Rule .0564(6) of this
Section or stated in the site permit shall not be developed or utilized for residential,
commercial, industrial, or institutional purposes including above‐ground or below‐
ground construction or improvements such as utilities, roads, parking lots, and
sidewalks.”
5) 15A NCAC 13B .0567 (c)(4) states “Post‐closure care shall be conducted for 10 years.”
Please 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.
If you have any questions, please call me at (252) 948‐3955 or e‐mail ray.williams@ncdenr.gov.
Sincerely,
Ray Williams
Environmental Senior Specialist
Division of Waste Management ‐ Solid Waste Section
Copies (email only):
Andrew Hammonds, Eastern District Supervisor/SWS: andrew.hammonds@ncdenr.gov
Sherri Stanley, Permitting Branch Head/SWS: sherri.stanley@ncdenr.gov
Joey Humphrey, Durwood Humphrey & Sons Construction:
durwoodhumphrey@ec.rr.com