N1071_INSP_20170120

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section

Page 1 of 6

UNIT TYPE:
Lined
MSWLF LCID X YW Transfer Compost SLAS COUNTY: Davidson
Closed
MSWLF HHW White
goods Incin T&P FIRM PERMIT NO.: N1071
CDLF Tire T&P /
Collection Tire
Monofill Industrial
Landfill DEMO SDTF FILE TYPE: COMPLIANCE

Date of Site Inspection: January 20, 2017 & January 31, 2017 Date of Last Inspection: not applicable

FACILITY NAME AND ADDRESS:
Gus Hill Stump Dump
298 Ephrem Road
Clemmons, NC 27012

GPS COORDINATES: N: 35.963667° W: -80.325742°

FACILITY CONTACT NAME AND PHONE NUMBER:
Name: Rob Howerton, Manager
Telephone: [phone] (mobile)
Email address: [e-mail]

FACILITY CONTACT ADDRESS:
Bore Owl LLC dba Gus Hill Stump Dump
7637 Rolling Oak Court
Clemmons, NC 27012

PARTICIPANTS:
Rob Howerton, Manager – Gus Hill Sump Dump
Susan Heim, Environmental Senior Specialist - Solid Waste Section

STATUS OF PERMIT:
LCID Landfill Notification approved May 5, 2014
LCID Landfill Notification recorded in Davidson County April 14, 2014

PURPOSE OF SITE VISIT:
Comprehensive Inspection

STATUS OF PAST NOTED VIOLATIONS:
None

OBSERVED VIOLATIONS:

1. 15A NCAC 13B .0566(4) states: “Adequate soil cover shall be applied monthly, or when the active area reaches
one acre in size, whichever occurs first.”

Bore Owl LLC is in violation of 15A NCAC 13B .0566(4) for failing to cover waste.

The facility was inspected in response to a complaint about a fire at the site. At the time of this inspection, a large
pile of processed wood waste was observed to be smoldering and producing a great deal of smoke. No soil cover
was observed to be present on top of the wood waste in the pile at all. Mr. Howerton stated that he had been
unsure as to how to properly dispose of the wood waste once it had been run through the tub grinder, so no cover
had been applied to the waste pile.

FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 2 of 6

To achieve compliance, Bore Owl LLC must immediately cease accepting waste at the facility and, as soon
as safely feasible, cover all exposed waste with adequate soil cover to prevent fires, and continue to apply
adequate soil cover to the waste at least monthly.

ADDITIONAL COMMENTS

1. The facility is a notified land clearing and inert debris (LCID) landfill, permitted to receive land clearing waste,
yard trash, untreated and unpainted wood, uncontaminated soil, insert debris such as unpainted rock, brick,
concrete and concrete block, and used asphalt, in accordance with NCGS 130-294(m).
2. Mr. Howerton explained that he had worked closely with Davidson County Planning staff to create a site plan
and operations plan that had resulted in his obtaining a permit from the county. He added that county staff had
directed him to DEMLR so that proper erosion and sedimentation control measures could be implemented on
the site.
3. Mr. Howerton stated that the county-approved LCID area was approximately 1.33 acres in size.
4. Based on approximate measurements using aerial photography, the estimated size of the LCID operations at this
time is 1.70 acres.
5. The facility has an approved erosion control plan and is inspected regularly by the Division of Energy, Mineral
and Land Resources (DEMLR). The last DEMLR inspection took place in October 2016. It was not possible to
observe the erosion control devices on the site during these two inspections.
6. The facility is secured by means of an electronically operated gate with a key pad. The gate is kept locked,
except when an operator is on duty. The facility was not open at the time of this inspection.
7. Ensure that an attendant is on duty at all times when the landfill is open for public use to assure
compliance with operational requirements and to prevent acceptance of unauthorized wastes, as required
by 15A NCAC 13B .0566(8).
8. Proper signage was observed at the entry gate.
9. To the south of Ephrem Road in the vicinity of the entry gate is an area of approximately ½ acre in size that is
currently being filled in with soil and levelled to create a site for a metal equipment shed. The shed will be used
to house the equipment of Mr. Howerton’s landscaping business. A large stockpile of soil is located in this area.
Mr. Howerton stated that he was working with Davidson County on the permitting for this area.
10. On January 20, 2017, a large pile of processed wood waste, approximately 25’ tall and .12 acres in size, was
observed to be smoldering and producing a great deal of smoke. Mr. Howerton explained that the fire
department advised him that the fire could continue to smolder for several months, and had directed him to pull
as much waste out of and away from the pile as possible, in order to deprive the fire of additional fuel and keep
it contained.
11. Partly as a result of this action, unprocessed wood waste occupied approximately .15 acres to the south and
southeast of the fire. Mr. Howerton explained that approximately half of this pile was onsite prior to the fire.
12. Processed wood waste had also been pulled back from the fire, and covered the ground in the area south of the
fire. Mr. Howerton stated that this area is always covered with mulch, as requested by DEMLR, to prevent
muddy ruts from equipment and vehicles, ponding water and erosion. Mr. Howerton estimated the wood waste
in this area now to be approximately 3 to 4 feet thick.
13. Mr. Howerton stated that the fire department had also directed him to create a 4’ wide trench the whole way
around the fire, to serve as a fire break. As this proved insufficient to contain the fire, the fire department then
directed him to create a road, situated approximately 15’ back from the smoldering wood waste pile, around the
entire fire area. This roadway had served to contain the fire to the wood waste pile and a few of the small trees
in the area between the trench and this temporary roadway itself.
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
such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 3 of 6

14. A pile of large stumps and logs was observed at the northwest limit of the fire area, where Mr. Howerton stated
the fire department had surmised that ignition occurred. Mr. Howerton explained that this stump pile had been
in place when he purchased the property, and that he had been aware that the pile of processed wood had
encroached on this area.
15. On January 31, 2017 an irrigation system had been put in place, and water was being sprayed over the southern
northwest areas of the still smoldering wood waste pile. Mr. Howerton stated that the system had been brought
in on the recommendation of the county ranger and the fire marshal. He added that the light stream of water
served to keep the smoke under control and also to cool the piles.
16. On January 31, 2017, a large area along the northern half of the burning wood waste was observed to have been
flattened; only a small amount of smoke could be seen emitting from this area. Mr. Howerton explained that this
area would be the first to be pulled apart and completely extinguished, again on the recommendation of the
county ranger and the fire marshal.
17. The access roadway is of all-weather construction and well maintained. No erosion was observed along the
roadway.
18. On January 31, 2017, some surface water flow was observed on the east side of the access drive, south of the
facility. A temporary berm had been created to stop the progress of the water.
19. The access roadway culminates in a parking/equipment storage area. At the time of the initial inspection on
January 20, 2017, processed wood waste had been dragged from the fire area as far as the northern part of the
parking area. On January 31, 2017, this area had been cleared and leveled.
20. Additional piles of unprocessed wood waste were observed in the area to the south and west of the parking area,
covering approximately 1/3 of an acre. These piles ranged from 10 to 20 feet in height. Between this area and
the access roadway, a smaller pile of processed wood waste, approximately 15 feet wide, 25 feet long and 8-10
feet high was observed. Mr. Howerton stated that this small pile had been in place prior to the fire.
21. On January 31, 2017, some of the southern portion of the parking area had been cleared of processed wood
waste. Mr. Howerton outlined a plan to excavate part of this area and use it to begin to landfill the wood waste
that had not been involved in the fire. He explained that this would provide cover soil and would also free up
space in which to move the piles of processed and unprocessed materials as the site clean-up continues.
22. No unacceptable waste was observed at the facility.
23. A small pond is located downslope and east of the parking/equipment storage area. Mr. Howerton explained
that the pond had been in place and in its current condition at the time he purchased the property, and that
DEMLR had stated that the LCID operations did not impact the pond.
24. Silt fencing was observed to be in place and functional in the area west of the soil stockpiles.
25. It is recommended that permanent edge of waste markers be installed at the facility to ensure that waste
does not exceed the designated waste boundaries.
26. The Solid Waste Section will perform additional inspections to ensure that the facility does not exceed 2
acres in size and complies with all of the rules and operational requirements contained in 15A NCAC 13B
.0563 through .0566.

The following photos were taken on January 20, 2017 by Susan Heim:

Photo 1: View of electronic gate with sign; fill area and soil
stockpile to the left.
Photo 2: View from electronic gate toward facility; pond at
right in foreground.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 4 of 6

Photo 3: Processed and unprocessed wood waste dragged to
the southwest of the fire area.
Photo 4: Processed wood waste covering area south of fire and
unprocessed wood waste stockpile southeast of fire area.
Photo 5: View of fire from the south. Photo 6: 4' wide trench dug around fire - note wood waste
pulled away from fire on slope of trench.
Photo 7: View of the old stump/log pile where fire is presumed
to have started from fire road.
Photo 8: View of fire road from trench on south side of fire.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 5 of 6

The following photos were taken on January 31, 2017 by Susan Heim:

Photo 9: South face of the fire - compare to Photo 5 above.
Pile size reduced by ~60%. Note ash at base of pile. Photo 10: View of trench from the east side. Compare to Photo
6 above. Here trench has been widened to accommodate
excavator.
Photo 11: View of old stump pile with water spray. Compare to
Photo 7 above.
Photo 12: Cleared parking area.
FACILITY COMPLIANCE INSPECTION REPORT
Division of Waste Management
Solid Waste Section
Page 6 of 6

Please contact me if you have any questions or concerns regarding this inspection report.

______________________________________ Phone: [phone]
Susan Heim
Environmental Senior Specialist
Regional Representative

Sent on: February 3, 2017 to
Bore Owl LLC, Rob Howerton
and Patton Lowe.

X Email Hand delivery US Mail X Certified No.
[7011 1570 0001 8545 5935]

Copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section
Deb Aja, Western District Supervisor – Solid Waste Section
Jessica Montie, Compliance Officer – Solid Waste Section
Matt Gantt – Division of Energy, Mineral and Land Resources
Guy Cornman, Planning Director – Davidson County