92V_NOV_20230818

August 18, 2023

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 0500 0001 4790 5035

Marvin Butler
Carolina Tree Debris
1417 Old Watkins Road
Raleigh, North Carolina 27616

RE: Notice of Violation
Carolina Tree Debris
92V-LCID-
1417 Old Watkins Road
Raleigh, North Carolina 27616

Dear Mr. Butler,

On August 10, 2023, Mr. Tim Davis, representing the State of North Carolina, Division of Waste
Management Solid Waste Section (Section), conducted a follow up inspection of the above
referenced facility for compliance with North Carolina solid waste statutes and rules. Mr. Marvin
Butler, Carolina Tree Debris, was present during this inspection. The inspection report is attached
noting violations of the following rules :

A. 15A NCAC 13B .0566 (3) “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.”

Marvin Butler, Carolina Tree Debris, is in violation of 15A NCAC 13B .0566 (3) in that at
the time of this inspection, the amount of uncovered waste still exceeds one acre in size.
In addition to the active disposal area in the northeast corner of the landfill, large amounts
of uncovered land clearing (LC) and some inert debris waste remain on top of landfill and
on the southern side slope adjacent to the access road.

B. 15A NCAC 13B .0566 (2) “Solid waste in the landfill shall be compacted. Slopes shall not
exceed a ratio of three horizontal to one vertical at any time.”

Carolina Tree Debris
Notice of Violation
Page 2 of 4
August 18, 2023

Marvin Butler, Carolina Tree Debris, is in violation of 15A NCAC 13B .0566 (2) in that at
the time of this inspection, the western and northern side slopes, which include the current
working face, were again observed to be steeper than a ratio of three horizontal to one
vertical.

C. 15A NCAC 13B .0201 (g), “Disposal area boundaries for landfills permitted in
accordance with Section .0500 or .1600 of this Subchapter shall be delineated with
stationary markers affixed to the ground. The markers shall be of height and spacing
so that they are distinguishable from the surrounding landscape, and so that the
adjacent markers are visible when standing at a marker.”

Marvin Butler, Carolina Tree Debris, is in violation of 15A NCAC 13B .0201 (g) in that
permanent edge of waste (EOW) markers were not visible during this inspection. Three
small temporary flags have been placed along the base of the southern side slope, but no
permanent markers delineating the disposal area boundaries are in place.

D. 15A NCAC 13B .0566 (5), “Erosion control measures, structures, or devices shall be
utilized to prevent silt from leaving the site and to prevent on-site erosion and shall
comply with 15A NCAC 04.”

Marvin Butler, Carolina Tree Debris, is in violation of 15A NCAC 13B .0566 (5) in that at
the time of this inspection, erosion control measures, structures, or devices were not
visible. Sediment ponds #1 and #2 remain covered over and/or overgrown with
vegetation. Sediment was observed migrating off-site in the northeast corner and
eastern side of the landfill property.

Based upon the foregoing, and upon receipt of this Notice of Violation, Carolina Tree Debris shall
come into compliance with all applicable requirements of the regulations in 15A NCAC 13B .0566
(3), 15A NCAC 13B .0566 (2), 15A NCAC 13B .0201 (g), and 15A NCAC 13B .0566 (5) by completing
the following:

1. Immediately cease to accept waste at this facility until all corrective actions noted in
the report have been completed to demonstrate compliance with 15A NCAC 13B as
follows:
a. Immediately compact and cover all exposed waste with at least six inches of
earthen material.
b. Regrade the landfill side slopes to achieve the required slope ratio of 3 horizontal
to 1 vertical (3:1).
c. Permanent, clearly visible edge of waste markers must be installed at this facility.
d. Ensure that all erosion control measures are dredged of sediment, restored to
proper working condition, and maintained.
Carolina Tree Debris
Notice of Violation
Page 3 of 4
August 18, 2023

e. Identify and mark property lines to ensure the required 100’ buffer is maintained.
f. Within 7 days of receipt of this document, provide a Corrective Action Plan to the
Section addressing the violations with reasonable timelines to bring the site into
compliance.

Corrective measures must be completed within 30 days’ receipt of this notice of violations.
Additional time may be granted based on receipt and approval of a plan and progress of
corrective measures to bring the site into compliance. A follow-up site inspection will be
conducted after 30 days have passed to ensure the corrective measures have begun or have been
completed to bring this facility into compliance.

The violation(s) listed above were observed by Section staff and require action on behalf of the
facility 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 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 facility has completed the requirements of this Notice of
Violation. If you have any questions regarding this matter, please contact me at [phone]
or e-mail at [e-mail].

Sincerely,

Tim Davis
Environmental Senior Specialist
Division of Waste Management – Solid Waste Section

Enclosures: Report for 8/10/2023 inspection

Copies (email): Jason Watkins, Field Operations Branch Head - SWS
Andrew Hammonds, Eastern District Supervisor – SWS
Carolina Tree Debris
Notice of Violation
Page 4 of 4
August 18, 2023

Chris Hollinger, Compliance Officer - SWS
Elizabeth Werner, Hydrogeologist – SWS
Stacey Smith, Senior Engineer – Smith & Gardner