N1071_NOV_20170203

State of North Carolina | Environmental Quality | Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road, Suite 300 | Winston-Salem, NC 27105
336-776-9800

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary

MICHAEL SCOTT
Director

February 3, 2017

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7011 1570 0001 8545 5936

Bore Owl LLC dba Gus Hill Stump Dump
Rob Howerton
7637 Rolling Oak Court
Clemmons, NC 27012

SUBJECT: Notice of Violation
Compliance Inspection Report
Gus Hill Stump Dump LCID Landfill
Permit No. N1071
Davidson County

Dear Mr. Howerton:

On January 20 and January 31, 2017, Susan Heim, 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. Rob Howerton, facility
owner and operator, was present and represented Bore Owl LLC during this inspection. The
following violations were noted:

A. 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, owner and operator, is in violation of 15A NCAC 13B .0566(4) for failing to
adequately cover all exposed waste monthly or when the active area reaches one acre in size.

Based upon the foregoing, Bore Owl LLC, owner and operator, shall come into compliance with
all requirements of the regulations in 15A NCAC 13B by completing the following within the
timeframes specified below in items 1 through 4:

1. Immediately cease accepting waste at the facility.
2. Immediately take steps to extinguish the fire using whatever actions are safe and
effective, while containing the waste and any water that comes into contact with the
waste. Water that comes into contact with waste is considered to be leachate, as defined
in 15NCAC 13B .101(24), and must be properly treated prior to discharge from the site.
Gus Hill Stump Dump LCID Landfill
Notice of Violation
Page 2 of 2
February 3, 2017

State of North Carolina | Environmental Quality | Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road, Suite 300 | Winston-Salem, NC 27105
336-776-9800

3. Immediately begin to cover and landfill all exposed waste not affected by the fire, while
compacting the waste in the landfill as densely as practical to restrict it to the smallest
area feasible, as required by 15NCAC 13B .0566(3). As soon as safely feasible, cover and
landfill all waste affected by the fire. As an alternative, remove all waste from the site and
dispose of it at an appropriately permitted facility. Proof of proper disposal (receipts)
must be submitted to the Solid Waste Section within ten (10) days of disposal of the
waste.
4. All corrective actions detailed in numbers 1 through 3 above must be complete by
March 15, 2017.

The violation listed above was observed by Section staff and require action on behalf of Bore Owl
LLC, property owner and operator, 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.

Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct
follow-up inspections to verify that the facility has completed the requirements of this Notice of
Violation.

I am available to provide you with technical assistance and to meet with you at the site as needed.
If you have any questions or need additional information, please contact me at 336-776-9672 or
e-mail me at [e-mail].

Sincerely,

Susan Heim
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

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