N0498_NOV_20220426

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ELIZABETH S. BLSER
MIC;HAEL SCOTT NORT14 CAROLINA
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April 26, 2022
CERTIFIED MAIL: 7020 3160 0000 3279 0257
RETURN RECEIPT REQUESTED
Mr. Christopher Michael Kepley, President
Kepley Construction Co. of Salisbury, LLC
2570 Sherrills Ford Road
Salisbury, NC 28147-8087
Mr. Anthony Bryan Kepley, Registered Agent, Vice President
Kepley Construction Co. of Salisbury, LLC
2570 Sherrills Ford Road
Salisbury, NC 28147-8087
SUBJECT: Notice of Violation
Compliance Inspection Report
Kepley Construction LCID
N0498
Rowan County
Dear Mr. Christopher Kepley and Mr. Anthony Kepley
On April 1, 2022, Kim Sue, Environmental Senior Specialist and Charles Gerstell, Environmental Senior Specialist,
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 and
Josh Canup, Environmental Compliance Specialist with Rowan County Planning Department. Michael Kepleywas
present and represented Kepley Construction LCID duringthis inspection. The following violations were noted:
A. 15A NCAC 13B .0564 states in part: " A site shall maintain the following buffer requirements:
(a) 50 feet from the waste boundary to waters of the State as defined in G.S. 143-212.
(b) 100 feet from the waste boundary to property lines, residential dwellings, commercial or public
buildings, and potable wells".
During the inspection waste was observed on the bank of an Unnamed Tributary (UT) to Grants
Creek.
B. 15A NCAC 13B .0566(1) states: "The site shall only accept those solid wastes that it is permitted
to receive".
During the inspection PVC pipe, chain link fence, plastic corrugated pipe, fabric material and metal
pipe was observed in the area of the slope failure on the northern side slope.
C. 15A NCAC 13B .0566(2) states: "Solid waste in the landfill shall be compacted. Slopes shall not
exceed a ratio of three horizontal to one vertical at anytime".
During the inspection the slope of the landfill was observed to be nearly vertical where the slope
failure occurred.
North Carolina Department of Environmental Quality I Division of Waste Management
,r-f,DE 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

Kepley Construction LCID
Notice of Violation
Page 2 of 3
April 26, 2022
Based upon the foregoing, Kepley Construction LCID shall come into compliance by June 24, 2022 with all
requirements of the regulations in 15A NCAC 13B by completing the following at the Kepley Construction LCID:
1) Remove all unacceptable solid waste from the site, including any that may be buried, and properly
dispose of it in a facility permitted by the Division of Waste Management. Proof of disposal must be
submitted to the Solid Waste Section in the form of disposal receipts indicating the facility where the
waste was disposed. Receipts for disposal of all the waste should be sent to:
Kim Sue, Environmental Senior Specialist
Division of Waste Management/Solid Waste Section
610 E. Center Avenue
Mooresville, NC 28115
[phone]
[e-mail]
2) Remove all waste from the vicinity of the tributary of Grants Creek in order to establish the minimally
required buffer of 50 ft.
3) Regrade all landfill slopes to as close to 3:1 as possible. Where a true 3:1 slope cannot be met,
alternative methods such as benching, etc. may be allowed under consultation with the Section.
4) Once the above corrective actions 1-3 have been achieved, initiation of the official closure of the
landfill in accordance with 15A NCAC 13B .0567 must occur as follows:
(1)(A). The disposal area must be covered with no less than one foot of soil cover sloped to
direct the flow of surface water from the landfill.
(1)(B). Soil cover must be stabilized with vegetative ground cover or other stabilizing material.
(2) The owner or operator of a site shall complete the closure activities within 120 days after
beginning the closure activities as specified in Subparagraph (1) of this Paragraph.
Within 30 days of completion of closure of the site, the owner or operator shall submit to the
Division a certification verifying that closure has been completed in accordance with this Rule.
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. 13OA-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 13OA 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 necessaryto 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.
North Carolina Department of Environmental Quality I Division of Waste Management
D_ Eq 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

Kepley Construction LCID
Notice of Violation
Page 3 of 3
April 26, 2022
If you have any questions, please contact me at [phone] or e-mail [e-mail].
Sincerely,
Digitally signed by Kim Sue
\� MNg Kim Sue,o=.1,d t di.
Managemen 1n,Sol ld Wane Section,
Date:3033.04.3fi 07:47:10-04'00'
Kim Sue
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
North Carolina Department of Environmental Quality I Division of Waste Management
D_ Elt 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

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j, Article A CP..SS d to
Kepley G�onstruction Co, of Salisbury
Attn: Christopher and Anthony Kepley
2570 Sherrills Ford Road
Salisbury, North Carolina 28147
I I I I I III "III III III I I I I I I III I
9590 9402 5027 9063 9518 54
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7020 3160 0000 3279 0251
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ITotalP°5ta`• Attn: Christopher and Anthony Kepley
Sento 2570 Sherrills Ford Road
�S------ndA Salisbury, North Carolina 28147
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