NEWPERMIT_CHRRequest_Dirtcraft_20240627

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
NORTH CAROLINA
Environmental Quality
June 27, 2024
Emailed: livingsoil(aldirtcraftorganics.com
MR. ADAM SCHWARTZ, OWNER/OPERATOR
4276 RECTOR CORNER ROAD
MARSHALL, NC 28753
Re: Compliance Review for DIRTCRAFT ORGANICS LLC, New Permit,
MADISON County, North Carolina
Dear MR. SCHWARTZ:
The agency received your application on December 7, 2023 and your response to comments on
May 16, 2024 for a permit to CONSTRUCT AND OPERATE A Small Type 2 Compost facility.
Prior to the agency reviewing the application, all applicants for a permit must satisfy the
agency that it has met the following requirements pursuant to the Solid Waste Management Act
(NCGS 130A-294(b2)).
The applicant or permit holder, and any parent, subsidiary, or other affiliate of the applicant,
permit holder, or parent, including any joint venturer with a direct or indirect interest in the
applicant, permit holder, or parent.,
1) Must be financially qualified to carry out the activity for which the permit is required AND must
establish financial responsibility pursuant to N. C. G. S. 130A-295.2; and
2) Must have substantially complied with the requirements applicable to any activity in which the
applicant or permit holder, or a parent, subsidiary, or other affiliate of the applicant, permit holder,
or parent, or a joint venture with a direct or indirect interest in the applicant has previously
engaged and has been in substantial compliance with federal and state laws, regulations, and
rules for the protection of the en vironment as pro vided in N. C. G. S. 130A-295.3.
To commence the pre -review process, please provide organizational charts for DIRTCRAFT
ORGANICS LLC as well as explanatory text that identifies all business entities that are direct
or indirect parents, subsidiaries or other affiliates of DIRTCRAFT ORGANICS LLC and depicts
the relationships among all entities shown on each chart; as well as any partnerships and joint
ventures in which any of the entities are engaged or which have a financial interest in any of
the entities. For all business entities identified in the organizational charts, please identify those
business entities which operated under a previous business name and identify the prior business
name.
D E Q�� North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
NORTH CAROLINA -
oepamnemorrnvimnmemmouai�� 919.707.8200

Compliance History Review —
Financial Qualifications, Organization Chart, Questionnaire
DIRTCRAFT ORGANICS LLC, New Permit
June 27, 2024
Pg. 2
To satisfy the requirement regarding financial qualifications, please submit your latest year's
audited, certified financial statement in accordance with NCGS 130A-295.2(e) (if assets of
a parent, subsidiary, or other affiliate of the applicant or a permit holder, or a joint venture with
a direct or indirect interest in the applicant or permit holder, are proposed to be used to
demonstrate financial qualification, then the party whose assets are to be used must be
designated as a joint permittee with the applicant on the permit). In addition, pursuant to NCGS
130A-295.2(d), please provide cost estimates for site investigation; land acquisition, including
financing terms and land ownership; design; construction of each five-year phase, if applicable;
operation; maintenance; closure; and post -closure monitoring and maintenance of the facility.
To satisfy the requirement regarding past compliance with federal and state laws, regulations,
and rules, including permit conditions, please complete the enclosed preliminary questionnaire
(this questionnaire must be completed for DIRTCRAFT ORGANICS LLC and all business
entities identified in the organizational chart — see NCGS 130A-29S..3).
Please email all of the requested information to Sarah. Moutos@)deq.nc.gov or send by mail to
the address below.
Sincerely,
Digitally signed by Sarah Moutos
DN: cn=Sarah Moutos, o=DWM - Solid
Waste Section, ou=NC Department of
�//�.✓� V`�l V Environmental Quality,
email=[e-mail], c=US
Sarah M Moutos, E.Ivirohih)96'6 O' ddi 6ff'Consultant
Division of Waste Management, NCDEQ
cc: Jason Watkins, Section Chief
Sherri Stanley, Permitting Branch Head
Andrew Hammonds, Field Operations Branch Head
Deb Aja, Western District Supervisor
Summer Justice, Environmental Senior Specialist
Central File
D E Q�� North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
NORTH CAROUNA -
oaoar effl or Enmro-n— ai a�si;" /� 919.707.8200

Compliance History Review —
Financial Qualifications, Organization Chart, Questionnaire
DIRTCRAFT ORGANICS LLC, New Permit
June 27, 2024
Pg. 3
Compliance Review
DIRTCRAFT ORGANICS LLC and any parent, subsidiary, or other affiliate of the applicant,
permit holder, or parent, including any joint venturer with a direct or indirect interest in the
applicant, permit holder, or parent are requested to provide the following information for all
solid waste management facilities. For purposes of the questions below, the phrase "within the
past five years," means five years prior to the date of this request.
For each question that is marked with an answer other than "not applicable," please
provide a written, detailed explanation, including how or if the matter has been
resolved.
A. The following question applies to all of the applicant's solid waste management (including
hazardous waste management) activities.
1. With respect to the applicant's solid waste management activities, check whether the
applicant has been a party to or received any of the following within the past five years.
If not applicable, mark "N/A":
—a - Compliance Order with a penalty
_b. Compliance order without a penalty
_c. Order to cease operating
_d. Order to abate public health nuisance [130A-19];
_e. Order to abate imminent hazard [130A-20];
_f. Order to abate nuisance scrap tire site [130A-309.60]).
_g. Administrative Consent Agreement or Settlement Agreement (e.g., may involve
revised permit conditions)
_h. Revocation or suspension of a permit
_i. Denial of a permit application for a solid waste management facility
—j. Penalty Collection lawsuit (lawsuit to collect an unpaid penalty)
_k. Confession of Judgment (for the payment and collection of an unpaid penalty or
other monies owed to a special account, such as the scrap tire account or white
goods account)
_I. Injunctive relief or law suit for injunctive relief
_m.Lawsuit for forfeiture of gain (N.C.G.S. §130A-28)
_n. Lawsuit for recovery of money (N.C.G.S. §130A-27)
_o. State Criminal action- misdemeanor or felony (N.C.G.S. 130A-25; 130A-26.1 and
26.2; 14-399
_p. Federal criminal action -misdemeanor or felony
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
NORTH CAROLINA
oeoam em of EnvlmnmenUl auauq 919.707.8200

Compliance History Review —
Financial Qualifications, Organization Chart, Questionnaire
DIRTCRAFT ORGANICS LLC, New Permit
June 27, 2024
Pg. 4
B. [Note: Questions 2 and 3 cover any type of environmental violation.]
Check all applicable boxes (ONE MUST BE CHECKED FOR EACH QUESTION).
Within the past five years:
2. The applicant has been convicted of, or pled guilty or no contest to, a criminal violation
of a statute, regulation, or rule for the protection of the environment or conservation of
natural resources.
a. in state court
_b. in federal court
_c. not applicable
3. A monetary penalty (whether denominated as a civil penalty, an administrative penalty,
a judicial penalty, or by some other designation), has been assessed against the applicant
for the violation of a state or federal statute, regulation, rule, including a permit condition,
or for the protection of the environment or conservation of natural resources.
a. in a state forum
b. in a federal forum
c. not applicable
[Note: Questions 4 and 5 will encompass those situations where a solid waste
management facility operated in violation of solid waste management
statutes/regulations, as well as water quality, including groundwater and surface
water, sedimentation and erosion control, and air quality statutes/regulations,
among others.]
4. With respect to any solid waste management facility (including hazardous waste
management) owned or operated by the applicant, a lawsuit for injunctive relief has been
filed against the applicant for the violation of a statute, regulation or rule for the
protection of the environment or conservation of natural resources.
a. in state court
_b. in federal court
_c. not applicable
D E Q�� North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
NORTH CAROLINA -
Depa ,.a or E.viro-n ma a.a;"- /� 919.707.8200

Compliance History Review —
Financial Qualifications, Organization Chart, Questionnaire
DIRTCRAFT ORGANICS LLC, New Permit
June 27, 2024
Pg. 5
5. With respect to any solid waste management facility (including hazardous waste
management) owned or operated by the applicant, a judgment, or consent judgment, for
injunctive relief has been entered against the applicant for the violation of any statute,
regulation or rule for the protection of the environment or conservation of natural
resources.
a. in state court
_b. in federal court
_c. not applicable
6. A permit for a solid waste management facility owned or operated by the applicant has
been revoked or suspended.
a. in a state forum
_b. in a federal forum
_c. not applicable
7. An environmental permit for any undertaking other than a solid waste management
facility has been revoked or suspended.
a. in a state forum
_b. in a federal forum
_c. not applicable
8. The applicant submitted a permit application for the proposed ownership or operation
of a solid waste management facility that has been denied.
a. in a state forum
b. in a federal forum
c. not applicable
9. A governmental agency or unit has notified the applicant in writing that the applicant
has operated or is operating a solid waste management facility without the requisite
permit.
—a. yes
_b. not applicable
D E Q�� North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
NORTH CAROLINA -
oaoar effl or Enmro-n— ai a�si;"- /� 919.707.8200

Compliance History Review —
Financial Qualifications, Organization Chart, Questionnaire
DIRTCRAFT ORGANICS LLC, New Permit
June 27, 2024
Pg. 6
10.A governmental agency or unit has notified the applicant in writing that the applicant
has operated or is operating a solid waste management facility outside the scope of the
permitted activity.
a. yes
b. not applicable
11.A governmental agency or unit has notified the applicant in writing that the applicant has
operated or is operating a facility or undertaking other than a solid waste management
facility without the requisite environmental permit(s).
—a. yes
_b. not applicable
D E Q�� North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
NORTH CAROLINA -
oaoar effl or Enmro-n— ai a�si;"- /� 919.707.8200

Compliance History Review —
Financial Qualifications, Organization Chart, Questionnaire
DIRTCRAFT ORGANICS LLC, New Permit
June 27, 2024
Pg. 7
For each question that has been marked with an answer other than 'snot applicable," please
provide a written, detailed explanation, including how or if the matter has been resolved.
The applicant may be requested to provide a written, sworn statement certifying the
status of the matter.
If the applicant certifies that the applicant is now in compliance, the applicant may be asked to
submit proof from the agency having jurisdiction over the violation that the applicant is in the
process of correcting or has corrected the violation to the satisfaction of the agency.
The applicant will be asked to certify the truth and accuracy of the answers provided to these
compliance review questions.
I, , hereby certify on behalf of DIRTCRAFT
ORGANICS LLC as DIRTCRAFT ORGANICS LLC's (title of
position with applicant), that I have read the foregoing answers provided to the Compliance
Review, that the information and answers contained in the responses to the Compliance Review
are true and accurate based on my own knowledge and my review of documents and that I
have not omitted any material information or falsified any information contained in the foregoing
answers. I further certify that I have the requisite authority vested in me by DIRTCRAFT
ORGANICS LLC to bind the corporation to the accuracy and completeness of the information
provided herein. I am aware that there are significant penalties for making any false statement,
representation, or certification including the possibility of a fine and imprisonment.
Signature/printed name and title:
Attest:
State of _
County of
Sworn and subscribed to before me this the day of , 202
notary public
My Commission expires:
SEAL
D E Q�� North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
NORTH CAROLINA -
oaoar effl or Enmro-n— ai a�a1; /� 919.707.8200