41-S_NOD_20220929

North Carolina Department of Environmental Quality | Division of Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200

October 31, 2022

CERTIFIED MAIL 7018 2290 0001 8316 4370
RETURN RECEIPT REQUESTED
D&D Grading, Inc. LCID Landfill
Attn: David Dick, Owner/Operator
1477 Rankin Mill Road
McLeansville, NC 27301

SUBJECT: Notice of Deficiency D&D Grading, Inc. LCID Landfill
Permit Number: 41-S
Guilford County
Dear Mr. Dick,

On September 29, 2022, Chuck Kirchner and Robert Pike, representing the State of North Carolina, Division of
Waste Management Solid Waste Section (Section), inspected the above referenced facility for compliance with
North Carolina solid waste statutes and rules. Mr. David Dick was present and represented D&D Grading, Inc. during this inspection. The following violations were noted:

A. 15A NCAC 13B .0201(c) states: “No solid waste management facility shall be established, operated,
maintained, constructed, expanded, or modified without a valid permit issued by the Division for the specified
type of activity. It is the responsibility of every owner or operator of a proposed solid waste management facility
to apply for a permit for the facility. The term "owner" shall include record owners of the land where the facility is located or proposed to be located and holders of any leasehold interest, however denominated, in any part of
the land or structures where the facility is located or proposed to be located.”

During the inspection, Land Clearing Inert Debris (LCID) landfill was being actively operated and LCID material
was being disposed of in the landfill. The Permit Number 41-S to operate the D&D Grading, Inc. LCID Landfill
expired on April 19, 2021. Therefore, D&D Grading, Inc. is in violation of 15A NCAC 13B .0201(c) for operating
a LCID landfill without a valid permit and for failing to apply to apply to renew the expired permit.

B. 15A NCAC 13B .0203(d) states: “By receiving solid waste at a permitted facility, the permittee shall be
considered by the Department to have accepted the conditions of the permit and shall comply with the conditions
of the permit.” Permit Number 41-S, Attachment III, Facility Specific Conditions Part I, Permit Condition Number
1 states: “This Permit to Operate expires April 19, 2021. Pursuant to 15A NCAC 13B .0201(g), no later than
October 15, 2020, the owner or operator must submit a request to the Section for permit review and must submit
updated facility plans meeting the requirements of Rule 0.565 and .0566.”:

A permit renewal application request and updated facility plans were not submitted to the Section for permit
review by October 15, 2020, therefore D&D Grading, Inc. is in violation of 15A NCAC 13B .0203(d).

North Carolina Department of Environmental Quality | Division of Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200
Mr. David Dick D&D Grading, Inc.
Notice of Deficiency
Page 2 of 2 October 31, 2022

Based upon the foregoing, D&D Grading, Inc. shall come into compliance by December 01, 2022 with all
requirements of the regulations in 15A NCAC 13B .0201(c) and 15A NCAC 13B .0203(d) by submitting a permit
renewal application request and updated facility plans for the operation of the D&D Grading, Inc. LCID Landfill
to the Section.

The violations 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.

Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a follow-up inspection to verify that the operator has completed the requirements of this Notice of Violation.
If you have any questions, please contact me at [phone] or e-mail [e-mail].

Sincerely,

Chuck Kirchner
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Jason Watkins, Field Operations Branch Head
Deb Aja, Western District Supervisor
Chris Hollinger, Compliance Officer