26010YWN_INSP_20230105

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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UNIT TYPE:
Lined MSWLF LCID YW X Transfer Compost SLAS COUNTY: Cumberland
Closed MSWLF HHW White goods Incin T&P FIRM PERMIT NO.: YWN-26-010
CDLF Tire T&P / Collection Tire Monofill Industrial Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: January 5, 2023 Date of Last Inspection: November 4, 2022

FACILITY NAME AND ADDRESS:
Claude Lee Road Yard Waste Facility 3520 Claude Lee Road, Fayetteville, NC 28306 GPS COORDINATES: Lat: 34.977348 Long: -78.895327 FACILITY CONTACT NAME AND PHONE NUMBER: Gray Kirkpatrick
336-214-4209 [e-mail]
Alvin Cagle [phone] [e-mail]
FACILITY CONTACT ADDRESS: G S Materials
PO Box 1335, Burlington, NC 27216 919-499-9322

PARTICIPANTS: David Powell, NC DEQ – Solid Waste Section Ryan Robinson, Claude Lee Road Yard Waste Facility STATUS OF PERMIT: Notification issued June 15, 2016; must be renewed annually by June 1st. Renewal Received for 2022
PURPOSE OF SITE VISIT: Comprehensive Inspection – Follow Up STATUS OF PAST NOTED VIOLATIONS:
1. General Statute § 130A-309.05 - UNRESOLVED

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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OBSERVED VIOLATIONS:

1. 15A NCAC 13B .0201 (a) - No person shall treat, process, store, or dispose of solid waste or arrange for the treatment, processing, storage, or disposal of solid waste except at a solid waste management facility permitted by the Division for such activity, except as provided in G.S. 130A-294(b).

2. 15A NCAC 13B .0201 (b) - No person shall cause, suffer, allow, or permit the treatment, storage, processing, or disposal of solid waste upon any real or personal property owned, operated, leased, or in any way controlled by that person without obtaining a permit for a solid waste management facility from the Division authorizing such activity, except as provided in G.S. 130A-294(b).
3. 15A NCAC 13B .0201 (c) - 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.

Upon inspection of the Claude Lee Yard Waste Facility, Section staff met with Ryan Robinson onsite, who
indicated he was assigned cleanup for the YWN. Mr. Powell introduced himself and gave Mr. Ryan a business card. Mr. Ryan and Mr. Powell both walked the site and discussed current progress. Yard waste is being screened, and then mulched and dumped into access road for mine. Concrete is being gathered for future
crushing. Due to earth moving operations in the concrete area with this part of the cleanup, its apparent that the hill, of what seemed to be mostly soil, consists of much concrete illegally buried onsite without a permit or Notification for Land Clearing Inert Debris landfill. Corrective actions are not being conducted in a timely
manner. There is much left onsite to do and yard waste isn’t complete and the concrete is planning to be crushed and must be dug up first and no crusher onsite at time of inspection. Mr. Powell took photos and explained to Mr. Ryan an additional letter would be forthcoming and Mr. Powell would send an inspection
report/contact Mr. Cagle to explain. Mr. Ryan also indicated he would inform landowners/management as well. Notice of Continuing and Additional Violations to follow.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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YWN, soil to right viewand waste waiting to be screened in center view. Remove all unapproved waste before mulching and dispose of at appropriate landfill. Screened and mulched YW in stockpiles behind these waste piles and equipment.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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Unapproved wastes removed.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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Concrete being dug out of hill. Waste is buried to tree line in photo.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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On top of hill and closer to tree line. This is several feet deep.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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Side of hill beyond YWN. Metal and concrete being removed.

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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ADDITIONAL COMMENTS
1. A follow up inspection was conducted to evaluate corrective actions outlined in the November 4, 2022, inspection report and that they had been corrected in the allotted time frame within about 30 days’ receipt of the Notice of Violation sent on November 8, 2022. Notice of Violation was received November 15, 2022.

2. Reminder: A Yard Waste Notification is a Small Type 1 facility. It shall have an operations area less than
two acres in size and shall be limited to no more than 6,000 cubic yards’ material onsite at any given time, including finished product. Rules were readopted in late 2019 (15A NCAC 13B .1400’s rules for Small Type 1 Compost facilities (Yard Waste Notifications). A review of the new rule changes would be good
for any staff dealing with the YWN. Yard waste cannot remain in the notification for disposal. If not using for approved processes, then must remove to a disposal site for that waste type. A YWN is for staging, processing and composting. Facility cannot give waste out to public without meeting requirements of 15A NCAC 13B .1406 rules. Renewal shall be submitted by June 1st of each year.

3. EOW markers still not installed. Buffers seem to be met onsite with respect to property lines, but the notification needs Edge of Waste (EOW) markers so that the size of the notification can be measured as
well as property line buffers. This can be simple PVC pipe or some marker of any kind. This should mark the area that will be used in future for yard waste processing.

4. Unapproved wastes should be taken to proper disposal site for that waste type when processing the YW onsite. Tires and plastics were visible during inspection but set aside for later removal. Good job. Document waste disposal, such as weight tickets, for records.

5. There is much left to do and no request for a time extension has been made at this time. If additional time is needed, then a request should be made in writing via email or regular mail ASAP. It should outline the progress made, plans forward with realistic goal and time frame of completion.

6. Corrective measures are necessary as result of this inspection. A follow up compliance inspection will be conducted by Solid Waste Section Staff after 30 days’ receipt of the Notice of Continuing and Additional Violations, to be sent 1/11/2023. Failure to meet the conditions for compliance may result in further Compliance Actions.
Please contact me if you have any questions or concerns regarding this inspection report.
_ ___________________________ Phone: [phone] _
David Powell Environmental Senior Specialist Regional Representative
Sent on: 1/10/2023 X Email Hand delivery US Mail Certified No. [ _]

Copies: Jason Watkins, Field Operations Branch Head - Solid Waste Section Andrew Hammonds, Eastern District Supervisor - Solid Waste Section Chris Hollinger, Compliance Officer - Solid Waste Section
Gray Kirkpatrick – Claude Lee YWN