32_N1112_NOV_20230526

May 31, 2023

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7013 0600 0001 7442 8027

Robert Johnson
Double R Farm
2624 Hamlin Rd
Durham, North Carolina 27704

RE: Notice of Violation
Double R Farm
Notified LCID # N1112
2708 Hamlin Rd
Durham, North Carolina 27704

Dear Mr. Johnson,

On May 11, 2023, Mr. Tim Davis, Mr. Drew Hammonds, Ms. Amanda Thompson, and Mr. Jordan
Russ, 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. 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.”

And, ‘Land Clearing & Inert Debris Notification for Site Less than Two Acres in Size’ letter
dated June 4, 2020, states “Please be aware that the notification process does not
satisfy the conditions for an individual LCID permit greater than two acres in size. In
accordance with 15A NCAC 13B .0563(1), facilities larger than two acres must comply
with more stringent requirements for an individual permit.”

Robert Johnson is in violation of 15A NCAC 13B .0566 (3) and ‘Land Clearing & Inert Debris
Notification for Site Less than Two Acres in Size’ letter dated June 4, 2020, in that at the
time of this inspection, the site disposal area exceeded 2 acres in size. In addition to the
central disposal area, partially covered land clearing and inert debris waste was also
Double R Farm
Notice of Violation
Page 2 of 4
May 31, 2023

identified on top of and within the side slopes of the landfill. Uncovered waste was
observed in several areas of the facility, including on top of the landfill, on the western,
southern, and eastern side slopes, and along the base of the landfill on all aforementioned
sides.

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.”

Robert Johnson is in violation of 15A NCAC 13B .0566 (2) in that at the time of this
inspection, the side slopes were observed to be steeper than a ratio of three horizontal to
one vertical. Horizontal cracking was observed on the eastern side slope and evidence of
sloughing of waste and slope failure was identified on the southern and eastern side slopes.

C. 15A NCAC 13B .0564 (6)(b), “Buffer Requirements: A site shall maintain the following
buffer requirements: 100 feet from the waste boundary to property lines, residential
dwellings, commercial or public buildings, and potable wells.”

Robert Johnson is in violation of 15A NCAC 13B .0564 (6)(b) in that at the time of this
inspection, it was noted that waste had been pushed or had fallen into the tree line and
within the required buffer on the western side and in the southeastern corner of the landfill.

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.”

Robert Johnson is in violation of 15A NCAC 13B .0566 (5) in that at the time of this
inspection, sediment from the mining activity on the east side of the landfill had overrun
the perimeter silt fencing in multiple areas and flowed into the tree line. A pump being
utilized within the mine to dewater an excavation pit appears to have pumped sediment-
laden water into and overtop of the silt fence, causing it to fail. Sediment fencing on the
western and eastern sides and within the southern sediment pond had been damaged.

E. 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.”

Robert Johnson is in violation of 15A NCAC 13B .0201 (g) in that edge of waste (EOW)
markers were not visible during this inspection. Permanent, clearly visible edge of waste
markers must be installed at this facility, showing the under two-acre disposal boundary.
Double R Farm
Notice of Violation
Page 3 of 4
May 31, 2023

Based upon the foregoing, upon receipt of this Notice of Violation, Double R Farm shall come into
compliance with all applicable requirements of the regulations in 15A NCAC 13B .0566 (3), ‘Land
Clearing & Inert Debris Notification for Site Less than Two Acres in Size’ letter dated June 4, 2020,
15A NCAC 13B .0566 (2), 15A NCAC 13B .0564 (6)(b), 15A NCAC 13B .0566 (5), and 15A NCAC
13B .0201 (g), 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, and/or you obtain a permit for a solid waste management facility from the
Division of Waste Management authorizing such activity.

a. Immediately compact and cover all exposed waste with at least six inches of
earthen material. Picture documentation of compacted and covered waste shall
be provided to Section staff. A detailed record of the date, time, and amount of
cover placement shall be provided to Section staff and placed into the operating
record.
b. Regrade the landfill side slopes to achieve the required slope ratio of 3 horizontal
to 1 vertical (3:1).
c. Remove all waste from within the tree line and away from the property
boundaries to meet the 100-foot buffer.
d. Ensure that all erosion control measures are dredged of sediment, restored to
proper working condition, and maintained. Water pumped from the cover soil
mine shall be discharged into a properly constructed sediment trap or basin.
e. Permanent, clearly visible edge of waste markers must be installed at this facility,
showing the under two-acre disposal boundary.

All additional corrective measures must be completed within 30 days’ receipt of this notice of
violations. A follow-up site inspection will be conducted after 30 days have passed to ensure that
the corrective measures 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.

Double R Farm
Notice of Violation
Page 4 of 4
May 31, 2023

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 5/11/23 inspection

copies: Jason Watkins, Field Operations Branch Head - SWS
Andrew Hammonds, Eastern District Supervisor – SWS
Jordan Russ, Permitting Engineer – SWS
Sherri Stanley, Permitting Branch Head - SWS