63012YWN_INSP_20240723

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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UNIT TYPE:
MSWLF X COUNTY: Moore
MSWLF goods PERMIT NO.: YWN-63-012
FILE TYPE: COMPLIANCE

Date of Site Inspection: 7/23/2024 Date of Last Inspection: N/A
FACILITY NAME AND ADDRESS: A &R Land Management 339 NC-73
West End, NC 27376 GPS COORDINATES (decimal degrees): Lat.: 35.253500 Long.: -79.450083 FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Keith Patterson Telephone: (910) 986 - 5431
Email address: [e-mail] FACILITY CONTACT ADDRESS:
Keith Patterson 2180 Dowd Rd. Carthage, NC 28327 PARTICIPANTS: Ryan Hussey, Operator
Ruth Pedersen, Moore County Debra Ensminger, Moore County David Powell, SWS Andrew Hammonds, SWS STATUS OF PERMIT: Yard Waste Notification YWN-63-012 – Notified 2024 Renewal must be submitted annually by June 1st of each year.
PURPOSE OF SITE VISIT: Comprehensive Inspection - Initial STATUS OF PAST NOTED VIOLATIONS: N/A OBSERVED VIOLATIONS: N/A

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
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 2 of 6
ADDITIONAL COMMENTS
1. Mr. Drew Hammonds and Mr. Powell, with the Solid Waste Section (SWS), previously met onsite to provide technical assistance for this site on 1/9/2024. Rules, the notification process and future operations were discussed
with Mr. Keith Patterson. Documents were eventually sent to NCDEQ to submit for a Yard Waste Notification. Mr. Hammonds and Mr. Powell visited this site for its first inspection, on 7/23/2024, and met with onsite representative Ryan Hussey. Also, onsite were Moore County Planning/Zoning staff Ruth Pedersen and Debra
Ensminger. It’s understood by Mr. Ryan, the onsite representative, that the site accepts land clearing waste only, stages the waste until it there is enough to chip with a horizontal grinder, and it is then used at the landowner’s chicken houses for bedding.

2. Reminder: A Yard Waste Notification is a Small Type 1 facility. It shall have an operations area less than two acres in size and shall be limited to no more than 6,000 cubic yards’ material onsite at any given time, including finished product. Rules were readopted in late 2019 (15A NCAC 13B .1400’s rules for Small Type 1 Compost facilities (Yard Waste Notifications). A review of the new rule changes would be good for any staff dealing with the YWN. Yard waste cannot remain in the notification for disposal. If not using for approved processes, then must remove to a disposal site for that waste type. A YWN is for staging, processing and composting. Facility cannot give waste out to public without meeting requirements of 15A NCAC 13B .1406 rules. Renewal shall be submitted by June 1st of each year.

3. The site had all weather road construction, some signage and had a lockable gate cable, good job. Signage for a YWN needs to be updated to meet rules.
15A NCAC 13B .1406 (9) - (a) Signs providing information on waste that may be received, dumping procedures, the hours during which the site is open for public use, and the permit number shall be posted at the site entrance. (b) Traffic signs and markers shall be provided to direct traffic to and from the discharge area. (c) Signs shall be posted stating that no hazardous waste, asbestos containing waste, or
medical waste may be received at the site.

Entrance
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 3 of 6

4. There was waste in water, now leachate, but it was minimal. Stormwater is being allowed to contact waste and pond, which is now leachate, and should not be allowed to runoff. Waste shall not be in water. There was some erosion control fence around three side of the operation not along the roadway. Stormwater onsite should be diverted from the operations area. This should also be addressed in the site Sedimentation Erosion Control Plan (SECP), with Division of Energy Mine Land resources (DEMLR). Site is disturbing more than 1 acre and should have a SECP, if not done so, then contact DEMLR for guidance and submit SECP.
15A NCAC 13B .1404 (c) A site shall meet the following design requirements: (2) a site shall meet the requirements of Sedimentation Control (15A NCAC 04);
15A NCAC 13B .1406 (2) - Erosion control measures shall be practiced to prevent on-site erosion and to control the movement of silt or contaminants from the site. 15A NCAC 13B .1406 (3) - Stormwater shall be diverted from the operations area. 15A NCAC 13B .1406 (4) - Leachate shall be contained on site or treated prior to discharge. A National Pollutant Discharge Elimination System (NPDES) permit may be required in accordance with 15A NCAC 02B prior to the discharge of leachate to surface waters.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 4 of 6
Leachate and waste in water, needs addressing.
Erosion control fencing around operations area. Slopes allows for stormwater to run through operations area
and comingle with waste becoming leachate.

5. Unapproved wastes were minimal, good job, but here were a couple identified such as treated dimensional lumber, plastic, and carpeting. According to Mr. Ryan, if there is much unapproved waste the hauler is turned away. Be sure all unapproved wastes are removed before chipping to approved disposal site for that waste type.
15A NCAC 13B .1406 (6) - A site shall only accept those solid wastes that it is permitted to receive.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 5 of 6
Carpeting or rug comingled in waste. Dimensional lumber.
The site was measured using a laser range finder and determined to be 110 yards by 74 yards, which is under the 2 acres maximum. However, it is understood through documents shared by Moore County, that this sites YWN operation, operated by Keith Patterson, has leased approximately 2 acres of the total parcel only. Due to that nature, the 2-acre operations should meet buffer requirements from the surrounding property not being
leased. This means either more of the property should be leased or the operation shrinking to fit the buffer requirements per rule. 15A NCAC 13B .1404 (a) A site shall meet the requirements of this Rule at the time of initial permitting and shall continue to meet these requirements throughout the life of the permit only on the site property owned or controlled by the applicant or by the landowner(s) at the time of permitting. (2) A 100-foot buffer shall be maintained between all property lines and compost areas for Type 3 and 4 facilities, 50-foot for Type 1 or 2 facilities.
6. Regarding the site operating further, it’s understood that the onsite operations are not approved by Moore County. A letter was sent, dated May 3, 2024, to the landowners Eric Lee and Robbie L McInnis and operator Kieth Patterson, from Debra Ensminger, Director of Moore County Planning, stating, “upon investigation, research and consultation of the Moore County Attorney, the use of a bona fide farm is not taking place and must cease
immediately.” In addition, a letter dated July 25, 2024, was sent to Mr. Hammonds and Mr. Powell, from Ms. Debra Ensminger, Director of Planning of Moore County, explaining Mr. Kieth Pattersons operation at address 339, NC HWY, West End, NC (Parcel ID00021676) is in violation of the Moore County Unified Development
Ordinance. The letter went on to say in part, “…the operation must cease immediately.”
Per County staff, the site no longer meets the criteria of a bon-a-fide farm and must be properly zoned to be in compliance with all local and existing statutes and ordinances for debris management. It is DEQs
understanding based on conversations and correspondence from County Staff that this site currently is not zoned or permitted for this activity and there for must cease waste acceptance, process what is currently onsite according to rule, within 30 days receipt of this inspection report and clean site for a closure inspection.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

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A follow-up inspection will be conducted, after that timeframe, to ensure all waste is removed. In addition, a Notice of Ceased Operation of a Facility needs to be completed online at the DEQ Solid Waste website, (https://edocs.deq.nc.gov/Forms/wm_closure_ywn) once all waste is removed. 15A NCAC 13B .1402 (g) The following operations shall be exempt from the permitting requirements in Rule .1401 of this Section: (1) Small Type 1 Facilities meeting the following conditions: (A) notification to
the Division prior to operation and on an annual basis as to: (i) the facility location; (ii) the name(s) and contact information of the owner and operator; (iii) type and amount of wastes received; (iv) the composting process to be used; (v) the intended distribution of the finished product; and (vi) for new facilities only, a letter from the unit of government having zoning jurisdiction over the site that states that the proposed use is allowed within the existing zoning, if any, and that any necessary zoning approval or permit has been obtained; (C) the facility operates in accordance with all other state or local laws, ordinances, rules, regulations or orders:
7. Corrective measures are necessary. A follow-up compliance inspection may be conducted by Solid Waste Section Staff after 30 days’ receipt of this inspection report. All corrective actions should be addressed by
that 30 day timeframe. Failure to meet the conditions for compliance may result in further Compliance Actions.
Please contact me if you have any questions or concerns regarding this inspection report. ________________________________________ Phone: [phone] _
David Powell Environmental Senior Specialist
Regional Representative
Sent on: 8/1/2024 X Email Hand delivery US Mail Certified No. [ _]
Copies: Jason Watkins, Section Chief - Solid Waste Section Andrew Hammonds, Field Operations Branch Head - Solid Waste Section
Victor Unnone III, Assistant Attorney General – NC Department of Justice Chris Hollinger, Compliance Officer - Solid Waste Section Dylan Friedenberg, Environmental Specialist – Solid Waste Section
Wayne Vest, Manager – Moore County (via email) Misty Leland, Attorney – Moore County (via email) Stephan Lapping, Attorney – Moore County (via email) Debra Ensminger, Director of Planning – Moore County (via email) Ruth Pedersen, Senior Planner – Moore County (via email)