74C_INSP_20230511

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

UNIT TYPE:
Lined
MSWLF LCID X YW Transfer Compost SLAS COUNTY: Pitt
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: 74C-LCID-1994
CDLF Tire T&P /
Collection Tire
Monofill Industrial
Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Inspection: 11 May 2023 Date of Last Inspection: 8 December 2022

FACILITY NAME AND ADDRESS:
ER Lewis LCID Landfill #1
1462 Edwards Farm Road
Winterville, NC 28590

GPS COORDINATES: N: 35.5133806 E: -077.3356611

FACILITY CONTACT NAME AND PHONE NUMBER:
Curt Williford; Safety & Environmental Compliance Officer
252.321.1101

FACILITY CONTACT ADDRESS:
ER Lewis Construction Company
PO Box 565
Greenville, NC 27835
Attn: Curt Williford
E-mail: [e-mail]

Participants:
Ray Williams; NCDEQ-Solid Waste

STATUS OF PERMIT:
Expired; Permit to Operate (PTO) a Landclearing and Inert Debris Landfill issued 5 March 2018; expired 5 March
2023. *This Facility is operating without a valid permit. A complete permit renewal request for the next five-year
phase of construction and/or operations is due. In order to continue uninterrupted operation of this Facility, please
contact Solid Waste Section Permitting Branch Head Sherri Stanley at: [e-mail] for details
concerning permit renewal requirements for this Facility.

PURPOSE OF SITE VISIT:
Comprehensive Facility Compliance Inspection

STATUS OF PAST NOTED VIOLATIONS:
1) 15A NCAC 13B .0566 (4) states “Areas that will not have additional wastes placed on them for three months
or more, but where final termination of disposal operations has not occurred, shall be covered with no less
than one foot of soil cover sloped to direct the flow of surface water from the landfill, and stabilized with
vegetative ground cover or other stabilizing material. The Division may require further action to correct any
condition that the Division determines may be injurious to the public health, or a nuisance to the community.”
Unresolved

OBSERVED VIOLATIONS:
1) 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…”
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
74C_INSP_20230511
Page 2 of 6

2) 15A NCAC 13B .0563 (1)(a) states “The facility is to be operated for the disposal of land clearing waste,
inert debris, untreated wood, and yard trash.”
3) 15A NCAC 13B .0566 (1) states “The facility shall only accept those solid wastes which it is permitted to
receive.”
4) 15A NCAC 13B .0566 (3) states “All waste shall be covered with no less than six inches of soil monthly,
or when the working face reaches one acre in size, whichever occurs first…”
5) 15A NCAC 13B .0566 (4) states “Areas that will not have additional wastes placed on them for three
months or more, but where final termination of disposal operations has not occurred, shall be covered
with no less than one foot of soil cover sloped to direct the flow of surface water from the landfill, and
stabilized with vegetative ground cover or other stabilizing material. The Division may require further
action to correct any condition that the Division determines may be injurious to the public health, or a
nuisance to the community.”
6) 15A NCAC 13B .0566 (8) states “Surface water shall be diverted from the working face and shall not be
impounded over waste.”

ADDITIONAL COMMENTS:
1) This Facility is a Land Clearing and Inert Debris (LCID) Landfill.
2) This Facility is recorded with the Pitt County Register of Deeds at Book #251; Page #462.
3) This Facility is permitted to receive land clearing waste, yard trash, untreated and unpainted wood,
uncontaminated soil, and inert debris such as unpainted rock, brick, concrete, and concrete block; and asphalt
in accordance with NCGS 130-294(m).
4) This Facility is permitted to receive wastes generated within Pitt County.
5) The operating hours for this Facility are Monday through Friday from 8:00 AM to 5:00 PM.
6) The Facility is secured by means of a locked gate at the Facility entrance.
7) Proper signage has been posted and is being maintained at the Facility entrance.
8) The permitted disposal area has been marked with permanent, highly-visible markers accurately delineating
the permitted waste disposal boundary and all required buffers.
9) The Facility access road is of all-weather construction and is being maintained in overall good condition at
this time.
10) This facility maintains a Case 1650M crawler dozer on site for use in facility operations and maintenance.

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
74C_INSP_20230511
Page 3 of 6

11) Gravel has been stockpiled in an area on the top lift of the landfill for use in roadbuilding and maintenance.
12) The waste type at the landfill working face was reviewed during this Facility Compliance Inspection.
Unpermitted wastes consisting of construction and demolition debris and household trash were observed
disposed at the working face. *Within thirty days of receipt of this facility compliance inspection report, all
unpermitted wastes should be excavated and transported to a facility permitted to receive such wastes for
proper disposal. Please provide copies of all disposal receipts.

13) The active working area does not appear to be covered monthly as required. *Within thirty days of receipt of
this Facility Compliance Inspection Report, please compact and cover all active working areas. Moving
forward, please ensure that all active areas are covered monthly or when the active working area reaches one
acre in size, whichever occurs first.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
74C_INSP_20230511
Page 4 of 6

14) Areas of sparse cover and erosion were observed in several areas on the outside slopes of the landfill. *Within
thirty days of receipt of this facility compliance inspection report, please fill and grade these areas at a slope
not greater than 3:1. After repairing, these areas should be seeded and mulched to establish a groundcover
suitable to prevent erosion of your landfill cap system.

15) The facility cover crop and cap system has been damaged by off-road vehicle traffic on the outside slope at
the northeastern corner and on the eastern side of the facility. *Within thirty days of receipt of this facility
compliance inspection report, please repair all damaged and eroded areas. All damaged/eroded areas should
be filled and graded at a slope not greater than 3:1 and then seeded and mulched to establish a groundcover
suitable to prevent erosion. Moving forward, measures should be taken to prevent unauthorized access to the
facility.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
74C_INSP_20230511
Page 5 of 6

16) The southern landfill sideslope appears to be graded at a slope greater than 3:1. *Please ensure all outside
slopes are constructed and maintained at a slope not greater than 3:1. Any slopes currently constructed at a
slope greater than 3:1 should be re-graded to the permitted slope standard.
17) *Please ensure the facility cover crop is properly maintained and a regular mowing schedule is maintained
throughout the year to prevent the growth of brushy and/or woody-type vegetation.
18) The area around the toe of the landfill is clear of brush and provides for free access around the landfill.
19) Inert materials consisting of scrap concrete and brick are being stockpiled on the top lift of the landfill for
later crushing and reuse in accordance with NC GS 130A-309.05. *Please note that the State rules regarding
recovered materials state that for a material to qualify as a recovered material, the majority of the material
(75% or more) must be sold, used, or re-used within the calendar year of placement on site.
20) An area of standing water was observed on the top of the landfill approximately midway down the eastern
outside slope. Wetlands dependent plants growing in this area indicates that this area is holding water on a
regular basis. *Please fill and grade this area to promote the positive flow of surface waters away from the
landfill.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
74C_INSP_20230511
Page 6 of 6

21) No off-site erosion was observed during this Facility Compliance Inspection.
22) *Corrective actions are required as a result of this Facility Compliance Inspection.

Please contact me if you have any questions or concerns regarding this Facility Compliance Inspection Report.

Ray Williams; Environmental Senior Specialist Phone: [phone] E-mail: [e-mail] Regional Representative

Delivered on: 25 May 2023 by X Electronic delivery US Mail Certified No.

cc: Andrew Hammonds; Eastern District Supervisor/SWS: [e-mail]
John Demary; Director/Pitt County Solid Waste & Recycling: [e-mail]

C: \2023\Pitt\Facilities\74-C\Inspections\74C_INSP_20230511
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