26010YWN_NOCAV_20230111

January 11, 2023

CERTIFIED MAIL 7009 3410 0001 6831 4364 RETURN RECEIPT REQUESTED

G.S. Materials, Inc. President - Ronald Gray Kirkpatrick Jr.
1521 S Huffman Mill Rd.
Burlington, NC 27215
SUBJECT: Notice of Continuing and Additional Violations
Claude Lee Road Yard Waste Facility YWN-26-010
Cumberland County
Dear Mr. Kirkpatrick:

On November 8, 2022, the State of North Carolina, Division of Waste Management Solid Waste Section (Section) issued a Notice of Violation letter to Ronald Gray Kirkpatrick Jr., President of G.S. Materials, regarding violations
at Claude Lee Road Yard Waste Facility. The Solid Waste Section conducted a follow-up inspection of the facility
on January 5, 2023, and found that the violation noted in the November 8, 2022, NOV letter have not been corrected at this time. In addition, Section staff observed the following additional violations:

A. 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).
You, Ronald Gray Kirkpatrick Jr., G.S. Materials Inc., are in violation of the above rule in that you have arranged
for the disposal of additional solid waste on unpermitted property owned by you, Ronald Gray Kirkpatrick Jr.,
G.S. Materials Inc., property located at PIN 0434-06-9693 (decimal degrees: 34.976492, -78.896326),
Fayetteville, Cumberland County North Carolina since the last Notice of Violation dated November 8, 2022.

B. 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).
You, Ronald Gray Kirkpatrick Jr., G.S. Materials Inc., are in violation of the above rule, by storing, disposing and
processing additional solid waste on property owned by you, Ronald Gray Kirkpatrick Jr., G.S. Materials Inc.,
property located at PIN 0434-06-9693 (decimal degrees: 34.976492, -78.896326), Fayetteville, Cumberland
County North Carolina since the last Notice of Violation dated November 8, 2022, without having been issued
a permit from the Division.

C. 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.
G.S. Materials, Inc.
President - Ronald Gray Kilpatrick Jr.
Notice of Continuing and Additional Violations Page 2 of 3

You, Ronald Gray Kirkpatrick Jr., G.S. Materials Inc., are in violation of the above rule, in that you have established, expanded and operated a solid waste management facility on property that is not permitted by the Division for
this type of activity by allowing additional dumping and disposal of solid waste on your property located at PIN
0434-06-9693 (decimal degrees: 34.976492, -78.896326), Fayetteville, Cumberland County North Carolina since the last Notice of Violation dated November 8, 2022.

You are hereby notified that the Section intends to move forward in the enforcement process. In order to prevent any further action forthcoming, the following corrective actions must be taken immediately upon receipt of this
notice:
1. Immediately cease accepting any waste at the facility. Do not resume accepting waste, until all
corrective actions have been completed and verified by the Section.
2. Remove ALL unapproved waste from the property. All buried waste must be removed and disposed of
at the appropriate disposal site for that waste type.
3. All waste outside of 2-acre YWN, waste outside the property limits and buffers of the facility must be
disposed of at a permitted solid waste management facility for that type of waste.
4. Clean concrete must be crushed or disposed of at a landfill for that waste type, within the allotted
compliance timeframe.
5. Maintain and provide weight tickets or and any other documentation to show proper disposal for waste
that is not properly utilized or crushed according to rule.
6. Markers should be installed for the corners of the YWN to mark the limits of the notification and its
distance to buffers, including property line.
7. Notify David Powell, Environmental Senior Specialist on progress and or completion of corrective actions.
A follow up inspection will follow 30 days’ receipt of this letter to confirm corrective actions have been
completed.

8. Any additional time needed for compliance should be requested in writing via email or written letter
requesting additional time to comply with these corrective actions.

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.

We solicit your cooperation and would like to avoid taking further enforcement actions. At the same time, it is
your responsibility to comply with the requirements of the General Statutes and/or the North Carolina
Administrative Code. If you have any questions regarding this matter, please feel free to contact me at (910)
433 - 3350 or e-mail [e-mail].

G.S. Materials, Inc.
President - Ronald Gray Kilpatrick Jr.
Notice of Continuing and Additional Violations Page 3 of 3

Sincerely,

David Powell
Environmental Senior Specialist Division of Waste Management - Solid Waste Section

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