32F_FoglemanFoglemanLCID_PTO_DIN27496_20170328

Permit No: 32F-LCID-
Fogleman and Fogleman Landfill
and Recycling Facility
March 28, 2017
Document ID No. 27496
Page 1 of 9

North Carolina Department of Environmental Quality
Division of Waste Management
Roy Cooper Michael S. Regan
Governor Secretary
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] Internet: http://deq.nc.gov/about/divisions/waste-management/solid-waste-section
An Equal Opportunity \ Affirmative Action Employer

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WASTE MANAGEMENT
SOLID WASTE SECTION

SOLID WASTE MANAGEMENT FACILITY

JAMES KENT FOGLEMAN (LANDOWNER)
and
FOGLEMAN & FOGLEMAN SOILS, INC. (OPERATOR)
are hereby issued a
PERMIT APPROVAL TO CONSTRUCT AND OPERATE
32F-LCID-, Fogleman and Fogleman Landfill and Recycling Facility
PERMIT FOR CLOSURE
Not Applicable

located on Red Mill Road near Interstate 85, north of the City of Durham in Durham County, North
Carolina, in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina and all
rules promulgated thereunder and subject to the conditions set forth in this permit. The legal description
of the site is identified on the deed recorded for this property listed in Attachment 1 of this permit.

Edward F. Mussler, III, P.E.
Permitting Branch Supervisor
Solid Waste Section
Permit No. 32F-LCID-
Fogleman and Fogleman Landfill
and Recycling Facility
March 28, 2017
Document ID No. 27496
Page 2 of 9

ATTACHMENT 1
GENERAL PERMIT CONDITIONS INFORMATION

Permit Issuance Expiration
32F-LCID- March 28, 2017 December 16, 2021

Part I General Facility
1. This permit is issued by the North Carolina Department of Environmental Quality, Division
of Waste Management, Solid Waste Section (Section). In accordance with North Carolina
Solid Waste Management Rule 15A NCAC 13B .0201(e), a land clearing and inert debris
facility may be issued a combined permit that includes approval to construct and operate the
facility. The permit approval to construct must be implemented in accordance with
Attachment 2 of this permit. The permit approval to operate must be implemented in
accordance with Attachment 3 of this permit.
2. The persons to whom this permit is issued (“permittee”) are the owners and operators of the
solid waste management facility.
3. The permit to operate for this facility issued March 27, 2012, was recorded in the Durham
County Register of Deeds on April 19, 2012, in Deed Book 6952, Pages 891-902. (DIN
16488)
4. When this property is sold, leased, conveyed, or transferred in any manner, the deed or other
instrument of transfer must contain in the deed description section, in no smaller type than
that used in the body of the deed or instrument, a statement that the property has been used
as a solid waste management facility and a reference by book and page to the recordation of
the permit.
5. By initiating construction or receiving waste at this facility the permittee shall be considered
to have accepted the terms and conditions of this permit.
6. Operation of this solid waste management facility shall be in accordance with the North
Carolina Solid Waste Management Rules, 15A NCAC 13B; Article 9 of the Chapter 130A
of the North Carolina General Statutes (N.C.G.S. 130A-290, et seq.); the conditions
contained in this permit; and the approved plan. Should the approved plan and the rules
conflict, the Solid Waste Management Rules shall take precedence unless specifically
addressed by permit condition. Failure to comply may result in compliance action or permit
revocation.
Permit No. 32F-LCID-
Fogleman and Fogleman Landfill
and Recycling Facility
March 28, 2017
Document ID No. 27496
Page 3 of 9

7. This permit is issued based on the documents submitted in support of the application for
permitting the facility including those identified in Attachment 1, “List of Documents for
Approved Plan,” and which constitute the approved plan for the facility. Where
discrepancies exist, the most recent submittals and the conditions of the permit shall govern.
8. This permit may be transferred only with the approval of the Section, through the issuance
of a new or substantially amended permit in accordance with applicable statutes and rules. In
accordance with N.C.G.S. 130A-295.2(g) the permittee shall notify the Section thirty (30)
days prior to any significant change in the identity or business structure of either the owner
or the operator, including but not limited to a proposed transfer of ownership of the facility
or a change in the parent company of the owner or operator of the facility or parent company
of the operator.
9. The permittee is responsible for obtaining all permits and approvals necessary for the
development of this project including approval from appropriate agencies for a General or
Individual National Pollutant Discharge Elimination System Stormwater Discharge Permit.
Issuance of this permit does not remove the permittee’s responsibilities for compliance with
any other local, state or federal rule, regulation, or statute.

PROPERTIES APPROVED FOR THE SOLID WASTE MANAGEMENT FACILITIES

Durham County Register of Deeds
Book Page Parcel ID/PIN Grantee Plat Acres
2001-E 0765 171276**
0853-02-58-6455 James K. Fogleman Book 157
Page 223

88.68 2001-E 0765 171286**
0853-02-56-1370 James K. Fogleman Book 009
Page 114
7455 0315 171284**
0853-02-67-0891 James K. Fogleman Book 157
Page 223

5396 245
James Kent Fogleman and
wife, Linda – Title Deed and
Landfill Declaration
James Kent
Fogleman

**Parcel data provided in Boundary Survey – Property of James K. Fogleman dated June
13, 2016 in DIN 27495.

Permit No. 32F-LCID-
Fogleman and Fogleman Landfill
and Recycling Facility
March 28, 2017
Document ID No. 27496
Page 4 of 9

Part II Land Clearing and Inert Debris Landfill Unit(s)
Permitting History
Permit Type Date Issued DIN
Permit to Operate – Demolition Landfill March 16, 1992
Permit to Operate – LCID December 19, 2006 625
PTO – Amendment March 27, 2012 16276
PTO – Amendment March 28, 2017 27496

1. Permit 32-F for a demolition landfill was recorded with the Durham County Register of
Deeds in Deed Book 1722, Pages 374-380 by Nora Fogleman and John H. Fogleman.
2. Mining operations are conducted at the property under Permit 32-09 issued by the NCDENR
Division of Land Resources, Land Quality Section. The mining permit was renewed
January 14, 2011, and expires January 14, 2021. A surety bond in the amount of $177,700
was posted to cover the operation as indicated in the mining permit and restoration in
accordance with Solid Waste Permit 32-F.
List of Documents for the Approved Plan
1. Report and Operations Manual: Fogleman and Fogleman Soils, Inc. LCID Landfill
(Permit #32-F). Land clearing and inert debris landfill permit application including
drawings. October 2006. DIN 616.
2. Mining Permit No. 32-09. Issued by NC DENR Division of Land Quality, Land Quality
Section to Fogleman & Fogleman Soils, Inc. for the operation of a borrow pit. Issued:
January 14, 2011. Expiration: January 14, 2021.
3. Fogleman and Fogleman Landfill & Recycling Facility, NC Solid Waste Permit No. 32-F,
Durham, North Carolina. Permit application with operation plan. Prepared by Linda
Fogleman and Richardson Smith Gardner & Associates, Raleigh, NC 27603. September 19,
2011. DIN 15252. Revised through January 3, 2012. DIN 16275.
4. Letter acknowledging changes to operation plan adding containers for management for
metals as requested in DIN 17937 and soil screening procedure as described in DIN 18115.
to minimize contaminated soil acceptance. January 23, 2013. DIN 18116.
5. Fogleman and Fogleman Landfill & Recycling Facility, Permit No. 32-F, Durham, North
Carolina. Permit application with operation plan. Prepared by Smith + Gardner, Raleigh,
NC 27603. November 23, 2016. Revised through February 17, 2017. DIN 27495.

- End of Section -
Permit No. 32F-LCID-
Fogleman and Fogleman Landfill
and Recycling Facility
March 28, 2017
Document ID No. 27496
Page 5 of 9

ATTACHMENT 2
CONDITIONS OF PERMIT APPROVAL TO CONSTRUCT
Part I: General Facility
1. Construction of all solid waste management units within this facility must be in accordance
with the pertinent approved plans included in Attachment 1, List of Documents for the
Approved Plan.
2. Modification or revision of the approved plans or changes during construction require
approval by the Section and may constitute a permit modification and be subject to a
permitting fee.
3. All sedimentation and erosion control activities must be conducted in accordance with the
Sedimentation Control Act N.C.G.S. 113A-50, et seq., and rules promulgated under 15A
NCAC 4. The facility must furnish a copy of the approved Sedimentation and Erosion
Control Plan from the NC Division of Energy, Mineral and Land Resources, Land Quality
Section, to the Solid Waste Section.
4. Modifications to the approved sedimentation and erosion control activities require approval
by the NC Division of Energy, Mineral and Land Resources, Land Quality Section. The
Solid Waste Section must be notified of any modifications.
5. Facility construction must not cause or result in a discharge of pollution, dredged material,
and/or fill material into waters of the state in violation of the requirement under Sections 401
and 404 of the Clean Water Act, as amended.
Part II Land Clearing and Inert Debris Landfill Unit(s)
All phases of the landfill have been constructed. The landfill is permitted for a total gross
capacity of 4,116,000 cubic yards. Development of the landfill is as follows, based on
topographic surveys performed July 1, 2011 and September 26, 2016.
Unit Acres Gross Capacitya
(cubic yards)
Consumed 31.4 3,193,500
Remainingb 7.3 922,500
Total 38.7 4,116,000

2016-2021c 800,000
a Gross capacity is the volume from the bottom of the waste to the top of the final cover.
b Remaining capacity include relocation of overfilled areas.
c Disposal during 2016-2021 is anticipated to approach remaining permitted capacity.
Permit No. 32F-LCID-
Fogleman and Fogleman Landfill
and Recycling Facility
March 28, 2017
Document ID No. 27496
Page 6 of 9

ATTACHMENT 3
CONDITIONS OF PERMIT APPROVAL TO OPERATE
Part I: General Facility
1. The facility must be adequately secured by means of gates, chains, berms, fences, or other
security measures approved by the Section to prevent unauthorized entry.
2. Signs must be posted at the entrance to the facility that state that no hazardous waste or
liquid waste can be received at the facility; and provide information on dumping procedures,
the hours of operation, the permit number, contact name, telephone number, and other
pertinent information. Traffic signs or markers must be provided as necessary to promote an
orderly traffic pattern to and from the discharge area and to maintain efficient operating
conditions.
3. Interior roadway must be of all-weather construction and maintained in good condition.
4. A responsible individual trained and certified in facility operations must be on-site at all
times during all operating hours of the facility, in accordance with N.C.G.S. 130A-309.25.
An attendant must be present to oversee the loading and unloading of waste.
5. Copies of this permit, the approved plans, and all records required to be maintained by the
permittee must be maintained at the facility and made available to the Section upon request
during normal business hours.
6. All sedimentation and erosion control activities must be conducted in accordance with the
Sedimentation Control Act, N.C.G.S. 113A-50 et seq., and rules promulgated under 15A
NCAC 4. The Section must be notified of any approved modifications to the sedimentation
and erosion control plan.
7. Facility construction, operations or practices must not cause or result in a discharge of
pollution, dredged material, and/or fill material into waters of the state in violation of the
requirements under Sections 401 and 4040 or the Clean Water Act, as amended.
8. Fire lanes must be established and maintained at all times. The dimensions of the fire lanes
must be coordinated with the Fire Marshall having jurisdiction over the site.
9. Open burning of solid waste is prohibited. Fires must be reported to the regional waste
management specialist with 24 hours or the occurrence, followed by a written notification
within 15 calendar days of the occurrence.
10. Financial assurance as required by state rules and statutes must be continuously maintained
for the duration of the facility and updated and submitted annually to the Section by the
anniversary date of the issuance of this permit.

Permit No. 32F-LCID-
Fogleman and Fogleman Landfill
and Recycling Facility
March 28, 2017
Document ID No. 27496
Page 7 of 9

Part II: Land Clearing and Inert Debris Landfill Unit(s)
1. The permit approval to operate will expire December 16, 2021. The permit approval to
operate authorizes the continued operation of the LCID landfill and operation of an LCID
processing unit at the facility. Pursuant to 15A NCAC 13B .201(c), the permittee must
submit a permit renewal application prepared in accordance with 15A NCAC 13B .0565 and
.0566 to the Section no later than July 16, 2021.
2. The facility must conform to the operational requirements of the NC Solid Waste
Management Rules, 15A NCAC 13B .0566, and to the operational plan required by 15A
NCAC 13B .0565(4) and listed in the approved documents, Attachment 1, Part III.
Revisions to the operation of the facility must be submitted to the Section for review and
approval prior to implementation of any changes.
3. The facility is permitted to receive for disposal or processing:
a. land clearing waste as defined in 15A NCAC 13B .0101(22);
b. inert debris as defined in N.C.G.S. 130A-290(a)(14);
c. yard trash as defined in N.C.G.S.(a)(45); and
d. asphalt in accordance with N.C.G.S. 130A-294(m).
4. The facility is permitted to receive wooden pallets, as defined in N.C.G.S. 130A-290(44a)
for processing. The facility is not permitted to dispose of wooden pallets in the LCID
landfill.
5. The total operating capacity is approximately 100,000 cubic yards per year. The estimated
LCID acceptance rate is 35,000 tons per year based on a weekly rate of 670 tons.
6. Permanent markers that accurately delineate the waste disposal boundary must be
maintained.
7. Fill and excavation operations must be contained with the approved elevation contours as
shown in the approved plan documents. Side slopes must not exceed a ratio of three
horizontal feet to on vertical foot (3:1).
8. An attendant must be on duty at all times while the landfill is open for public use to assure
compliance with operational requirements and to prevent acceptance of unauthorized wastes.
9. Waste received and product stored shall be maintained in containers or in piles with
adequate fire breaks and lanes in accordance with the approved operational plans and
pertinent rules. Fire lanes must be maintained and be passable at all times.
10. Open burning of land clearing waste is prohibited. If a fire occurs, the permittee must
provide oral notification to the Section within 24 hours of the occurrence followed by a
written report of the details of the fire within 10 working days of the occurrence. The report
must include the cause, the location(s) on the premises, the dimension and volumes of
material involved, a description of emergency response activities with results, and a
Permit No. 32F-LCID-
Fogleman and Fogleman Landfill
and Recycling Facility
March 28, 2017
Document ID No. 27496
Page 8 of 9

description of mitigation measures implemented to reduce or eliminate conditions leading to
the fire. Other conditions may be required based on the severity or nature of the fire.
11. Appropriate measures shall be applied to confine wind-blown material on the site and to
prevent dust from becoming a nuisance or safety hazard.
Cover Material Requirements
12. Adequate soil cover shall be applied monthly, or when the active area reaches one acre in
size, whichever occurs first, or more often when necessary to prevent the site from
becoming a nuisance or to mitigate conditions associated with fire, windblown materials,
vectors, or excessive water infiltration.
13. The facility must maintain a supply of cover material adequate to cover the working face in
case of an emergency or fire, at all time.
14. Vegetative ground cover sufficient to restrain erosion must be established within 30 working
days over areas that are not do not receive wastes for 30 calendar days or upon completion
of any phase of LCID landfill development or as addressed in the approved Sedimentation
and Erosion Control permit.
15. Within 120 calendar days after completion of the final disposal operations, the disposal area
must be closed and covered with a minimum of one foot of suitable soil cover sloped to
allow surface water runoff in a controlled manner. However, for ditches with depths
greater than six inches and widths less than three feet located on the landfill, at least two feet
of soil is required between the bottom elevation of the ditches and the waste mass.
Drainage Control and Water Protection Requirements
16. Ground water quality at this facility is subject to the classification and remedial action
provisions of 15A NCAC 2L.
17. Solid waste must be placed a minimum of four feet above the seasonal high water table.
18. Solid waste must not be disposed in standing water. Surface water must be diverted from
19. Leachate must be properly managed on site through the use of current best management
practices.
Recordkeeping and Reporting
20. The permittee must maintain a record of the amount of solid waste received at the facility
including daily records of waste received and origins of the loads. The daily records should
be summarized into a monthly report for use in the required annual reports.
21. The permittee must maintain a record of the amount of solid waste received at the facility.
On or before August 1 annually, the permittee must submit an annual facility report to the
Solid Waste Section, on forms prescribed by the Section.
Permit No. 32F-LCID-
Fogleman and Fogleman Landfill
and Recycling Facility
March 28, 2017
Document ID No. 27496
Page 9 of 9

22. On or before August 1 annually, the Permittee must submit an annual facility report for the
previous year’s operation on forms prescribed by the Section. The report must address
operation from July 1 of the previous through June 1 of the current year.
a. The annual facility report must list the amount of waste received in tons and be
compiled:
i. On a monthly basis.
ii. By county, city, or transfer station of origin.
iii. By specific waste type.
iv. By receiving disposal facility.
v. By diversion to alternative management facilities.
b. The completed report must be forwarded to the regional Environmental Specialist for
the facility by the date due on the prescribed annual facility report form.
c. A copy of the completed report must be forwarded to each county manager for each
county from which waste was received at the facility. Documentation that a copy of the
report has been forwarded to the county managers must be sent to the regional
Environmental Specialist for the facility.
23. The surety bond in the amount of $177,700 that was posted for Mining Permit 32-09 is
considered as the financial assurance required for this solid waste permit. Any change to the
financial assurance including, but not limited to, the type of instrument, provider of financial
assurance, or amount of financial assurance must be approved by the Section prior to any
changes.
Part III: Miscellaneous Solid Waste Management – Wood Waste Processing Facility
1. The facility is permitted to operate a treatment and processing facility as defined in 15A
NCAC 13B .0101(49).
2. The wood waste processing area must be confined to the permitted LCID landfill area.
3. The permittee is approved to remove material from the LCID landfill for processing as
described in the approved operation plan.
4. Only materials specifically listed in the approved operation plan may be processed.
Unacceptable material removed during screening must be properly disposed.
5. Any heat generation in excess of 110 degrees Fahrenheit in any of the piles of material at the
facility is considered composting and may require the facility to meet all requirement of
Section .1400 of the Solid Waste Management Rules, or close.
6. A majority of the LCID deemed acceptable for processing must be processed and then used
or sold within one year.
- End of Permit Conditions -