33F_LCID_NOV_20240911

CERTIFIED MAIL 9589 0710 5270 0017 4031 81 RETURN RECEIPT REQUESTED
Mr. Drew Sowers PO Box PO Box 7948 Rocky Mount, NC 27804 RE: Notice of Violation
Barnhill Contracting Permit #33F LCID 10826 NC 97 West Rocky Mount, NC 27802
Dear Mr. Sower, On September 11, 2024, Autumn Romanski, 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 following violation(s) were
noted: A. 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.”
The Barnhill Contracting 33F LCID is in violation of 15A NCAC 13B .0566 (2) in that
waste appears to have been pushed close to the tree line. Some area(s) of the side slopes were not compacted. The waste needs to be moved away from the tree line and properly compacted, covered, and sloped.
B. 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.”
The Barnhill Contracting 33F LCID is in violation of 15A NCAC 13B .0566 (3) in that
waste at the working face along the edge(s) of the LCID had been pushed into the tree line
and has not been covered by the rule and the area appeared to be larger than one acre. Ensure that the waste has been moved away from the tree line, covered, and properly sloped.
C. 15A NCAC 13B .0566 (7), “Access roads shall be of all-weather construction and shall

be maintained to allow access by vehicles transporting waste, Department staff, and fire-fighting vehicles.”

The Barnhill Contracting 33F LCID is in violation of 15A NCAC 13B .0566 (7) in that the
access road along eastern edge of the LCID did not have all-weather construction and was not being maintained to allow access by vehicles transporting waste, Department staff, and fire-fighting vehicles.

Based upon the foregoing, the Barnhill Contracting 33F LCID shall come into compliance by within 30 days of the receipt of this report with all applicable requirements of the regulations in 15A NCAC 13B by completing the following:
1. Densely compact the waste, cover and slope shall not exceed a ratio of three horizontal to one vertical at any time and restrict the waste to the permitted area. 2. Adequate soil to cover the waste must be applied to all areas of exposed waste.
3. Construct and maintain an accessible all-weather construction access road along the edge(s) of the 33 F LCID. The Barnhill Contracting 33 F LCID shall provide a written certification with supporting documentation on company letterhead confirming the noted compliance schedule has been
completed. Include in this certification any actions taken to prevent these violations from occurring
in the future. The written certification with supporting documentation should be mailed to the following address: Autumn Romanski
North Carolina Department of Environmental Quality
PO Box 1066 Kill Devil Hills, NC 27948 [e-mail]

The violation(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 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] (office) or via email at [e-mail].

Sincerely, Autumn Romanski
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section Electronic copies: Andrew Hammonds, Field Operations Branch Head Wes Hare, Eastern District Supervisor
Chris Hollinger, Compliance Officer