D0154_MarcusWike

North Carolina
Department of Environment ar Tatural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
William L. Meyer, Director
TO: Courtney Washbu
FROM: Philip J. Prete
DATE: March 1, 2001
RE: FILE CLOSURE: Compliance Order with Administrative
Penalty on March 8, 1995 issued to Marcus Wike of
Catawba County/Open Dump
The Solid Waste Section is closing the file on Marcus Wike. The
penalty of $5,000.00 was not paid and no further compliance action was
recommended or taken. Due to the expiration of the statue of limitation,
no further action will be taken on the Compliance Order dated March 8,
1995, This file is considered closed unless further issues arise.
CC: Brent Rockett
Anthony Foster
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: 919-71 j-3605 \ Internet: www.enr.state.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER

MEMO
TO:
DATE:
SUBJECT:
C,A-F7TWI(514- Cx)
WM
LAII WO Lo-ci�L 61c-Q e-44trx(--.-vj4,��
&OL- -r(AAC:L"hVC- 11ftd- -j-,rij
CAI->
rj ,
43
lSSC WAM
(oa�t�-> n-rtco or
4/Tac-Q, xl�
VV rk��
Z. 1441f JkT
V Irf-ly
Pkicri �-:hvm
(-4 (IT)t)PANV HA.-S, fiFl ()PT'9:5%N 6VY -,-74,-r3fj,(-+)wT�1
bVCs--04 r!��-XPX�4e-s UN 411e2c."Ir.
'A , oav wfio
WT-Kt _T:A Ti (?UINI-oGr CIVAT/41 �T
e b Pe, HeyocVA-L b/7 fjo, <
jr lTjtq� 0"okofOrncr-T Cz 's-s oft
we, lm)ly CAO T-w>��
t�'s -f -,f
"MPLMw-- fi(-'L:V-KjN fj-1
L MWHoVY T—o 5R�C,,
Environment,
09 Printed on Recycled Paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Solid Waste Management
James B, Hunt, Jr., Governor
Jonathan B, Howes, Secretary
William L. Meyer, Director
l/V
1�22-G-
Mr. Marcus Wike
Route 3, Box 630
Granite Falls, North Carolina 28630
October 9, 1995
WARNING: Legal Action Pending
RE: Compliance Order with Administrative Penalty dated March 8, 1995
Catawba County, N/F
Dear Mr. Wike:
Our records indicate that you received the above referenced Compliance Order with
Administrative Penalty on March 20, 1995. From that date, you had thirty (30) days to file a written
petition to appeal the Compliance Order with Administrative Penalty. According to the Office of
Administrative Hearings, you did not file an appeal.
The Compliance Order notified you that if you did not file an appeal in accordance with the
applicable statutes and rules, payment of the Administrative Penalty would be due within sixty (60)
days of receipt of the Order. The Administrative Penalty assessed against you in the amount of
$5,000.00 was due on May 20, 1995. Please submit the penalty amount immediately by check or
money order made payable to the N.C. Department of Environment, Health and Natural Resources.
Payment should be mailed to my attention at the Solid Waste Section, Division of Solid Waste
Management, Department of Environment, Health and Natural Resources, Post Office Box 27687,
Raleigh, North Carolina 27611-7687. A fee of $20.00 will be charged for all returned checks on
which the payor has refused payment. Please be aware that if the penalty is not paid within fifteen
(15) days or you have not contacted me to make arrangements to pay, your file will be forwarded to
the Attorney General's Office for collection and you may be subject to additional penalties.
It is my understanding that the property on which you operated an open dump, on 4th Street
Southwest in Hickory, is still not in compliance with the Solid Waste Management Rules and Law.
Therefore, along with submitting the penalty payment, you must also contact Mr. Anthony Foster,
P,O, Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX 919-71&3605
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

Mr. Wike
October 9, 1995
Page 2
Waste Management Specialist, at [phone], to discuss the Conditions for Compliance stated
in the Compliance Order. Failure to bring this site into compliance will result in referring this case
to the Attorney General's office for formal legal action.
If you have any questions regarding this matter you may call me at [phone] ext. 270.
Sincerely,
c
Lee C. Flynn, Com Officer
Solid Waste Section
cc: Nancy E. Scott, Assistant Attorney General
Philip J. Prete, Field Operations Branch Head
Julian M. Foscue, Western Area Supervisor
Anthony B. Foster, Waste Management Specialist
Central Files

State of North C� Tina
Department of Environment,
Health and Natural Resources 4
Division of Solid Waste Management
ME 11M
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
William L, Meyer, Director
October 9, 1995
1 1 1 1 , 1''
1
Mr. Marcus Wike
Route 3, Box 630
Granite Falls, North Carolina 28630
RE: Compliance Order with Administrative Penalty dated March 8, 1995
Catawba County, N/F
Dear Mr. Wike:
Our records indicate that you received the above referenced Compliance Order with
Administrative Penalty on March 20, 1995. From that date, you had thirty (30) days to file a written
petition to appeal the Compliance Order with Administrative Penalty. According to the Office of
Administrative Hearings, you did not file an appeal.
The Compliance Order notified you that if you did not file an appeal in accordance with the
applicable statutes and rules, payment of the Administrative Penalty would be due within sixty (60)
days of receipt of the Order. The Administrative Penalty assessed against you in the amount of
$5,000.00 was due on May 20, 1995. Please submit the penalty amount immediately by check or
money order made payable to the N.C. Department of Environment, Health and Natural Resources.
Payment should be mailed to my attention at the Solid Waste Section, Division of Solid Waste
Management, Department of Environment, Health and Natural Resources, Post Office Box 27687,
Raleigh, North Carolina 27611-7687. A fee of $20.00 will be charged for all returned checks on
which the payor has refused payment. Please be aware that if the penalty is not paid within fifteen
(15) days or you have not contacted me to make arrangements to pay, your file will be forwarded to
the Attorney General's Office for collection and you may be subject to additional penalties.
It is my understanding that the property on which you operated an open dump, on 4th Street
Southwest in Hickory, is still not in compliance with the Solid Waste Management Rules and Law.
Therefore, along with submitting the penalty payment, you must also contact Mr. Anthony Foster,
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

�'Y 6 ""z d j 7
I hereby certify that I have caused a copy of the foregoing Compliance Order with
Administrative Penalty to be served upon the person designated below, at the last known address,
causing said copy to be hand -delivered to:
Mr. Marcus Wike
Route 3, Box 630
Granite Falls, North Carolina 28630
Dated this
Signature:
Please Print Name and Title
day of._.. L�_I; J, C �.. 1995
.00
L
MAC'
1995 I/fl
_e
c),
PIAC-e,
MAR 1995
Received 0
Solid Waste
Section

SEN R:'
• Complete items 1 and/or 2 to, additional services.
N • Complete items 3, and 4a & b.
y • Print your name and address on the reverse of this form so that we can
return this card to you.
y • Attach this form to the front of the mailpiece, or on the back if space
does not permit.
• Write "Return Receipt Requested" on the mailpiece below the article number
• The Return Receipt will show to whom the article was delivered and the date
® `
3. Article Addressed to:
4a. Ar,
CL E
'Si/a�lf�,G L-• 1�✓jT//t>
^7-.�JLL CC1 Z�••17l/
4b. Se
eg
U
G4 -�S7? C
�v
E�
f/'
C- c) C.oS�
D t
C]
p /y
drQrY
•
�b
5.
jzS3i,,natur,(Addressee)1Dnc
uo'I 6.�Signature (Agent)
I also wish receive the
following servi,os (for an extra 60
fee):
v
1. ❑Addressee's Address
N
W
2. ❑ Restricted. Delivery
G.
Consult postmaster for fee.
x
cle Nu��miiber ry
vice Type
ac
cc
stered ❑ Insured
r)
fied ❑ COD
s Mail ❑ Return Receipt for
z
Merchandise
�f Delivery �
ressee's Address (Only if requested �
fee is paid) �M
h
>- PS Form 3811, December 1991 *U.S.GPO: 1993-352-714 DOMESTIC RETUKN ttt:Vtori

State of North Cdiolina
Department of
Environment,
DivisionHealth and Natural Resources
of • • Waste Managemeni-
James B, Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
>r October 9 1995
• 5161 IN Will I Do 0
WARNING: Legal Action Pending
Mr. Marcus Alike
Route 3, Box 630
Granite Falls, North Carolina 28630
RE: Compliance Order with Administrative Penalty dated March 8, 1995
Catawba County, N/F
Dear Mr. Alike:
Our records indicate that you received the above referenced Compliance Order with
Administrative Penalty on March 20, 1995. From that date, you had thirty (30) days to file a written
petition to appeal the Compliance Order with Administrative Penalty. According to the Office of
Administrative Hearings, you did not file an appeal.
The Compliance Order notified you that if you did not file an appeal in accordance with the
applicable statutes and rules, payment of the Administrative Penalty would be due within sixty (60)
days of receipt of the Order. The Administrative Penalty assessed against you in the amount of
$5,000.00 was due on May 20, 1995. Please submit the penalty amount immediately by check or
money order made payable to the N.C. Department of Environment, Health and Natural Resources.
Payment should be mailed to my attention at the Solid Waste Section, Division of Solid Waste
Management, Department of Environment, Health and Natural Resources, Post Office Box 27687,
Raleigh, North Carolina 27611-7687. A fee of $20.00 will be charged for all returned checks on
which the payor has refused payment. Please be aware that if the penalty is not paid within fifteen
(15) days or you have not contacted me to make arrangements to pay, your file will be forwarded to
the Attorney General's Office for collection and you may be subject to additional penalties.
It is my understanding that the property on which you operated an open dump, on 4th Street
Southwest in Hickory, is still not in compliance with the Solid Waste Management Rules and Law.
Therefore, along with submitting the penalty payment, you must also contact Mr. Anthony Foster,
P,O, Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Mr. Wlke
October 9, 1995
Page 2
Waste Management Specialist, at [phone], to discuss the Conditions for Compliance stated
in the Compliance Order. Failure to bring this site into compliance will result in referring this case
to the Attorney General's office for formal legal action.
If you have any questions regarding this matter you may call me at [phone] ext. 270.
Sincerely,
Lee C. Flynn, Coin, lia ce Officer
Solid Waste Section
cc: Nancy E. Scott, Assistant Attorney General
Philip J. Prete, Field Operations Branch Head
Julian M. Foscue, Western Area Supervisor
Anthony B. Foster, Waste Management Specialist
Central Files

Stateof •Carolina
Department of •
Health and Natural Resources
Amami
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
March 15, 1995
Sheriff Roger L. Hutchings
106 N. Mulberry Street
Lenoir, North Carolina 28645
RE: Service of Process
Dear Sheriff Hutchings:
Enclosed is a document to be served on Mr. Marcus Wike, Route 3, Box 630, Granite
Falls, North Carolina 28630. The document is a Compliance Order with Administrative Penalty
issued by this Department for violations of the Solid Waste Management Rules. Mr. Wike has a
history of not accepting our certified mail to him. Therefore, we ask that you or a representative
of your office hand -deliver this Compliance Order with Administrative Penalty to Mr. Wike.
Also enclosed is a money order in the amount of $5.00 required for service.
Please complete and return the Certificate of Service in the enclosed envelope. Your
prompt attention to this matter is greatly appreciated. If you have any questions or need
additional information, please contact me at [phone].
Sincerely,
at
Lee C. Copianceficer
Field Operations Branch
cc: Philip J. Prete, Field Operations Branch Head
Nancy E. Scott, Assistant Attorney General
Julian M. Foscue, Western Area Supervisor
Anthony B. Foster, Waste Management Specialist
401 Oberlin Road, Suite 150, Raleigh, North Carolina 27605 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer pager

Complete items 1 and/or 2 for additional services.
Complete items 3, and 4a & b.
I also wish to receive the
Print Your name and address on the reverse of this form so that
(D return this card to you.
following Services (for an extra
,i/e can
fee):
Qi
a) Attach this form to the front of the mailpiece, or on the back
does not permit.
if space 1. 0 Addressee's Address
a)
Write "Return Receipt Requested" on the mailpiece below the article number.
The Return Receipt will show to whom the article was delivered and the date 2. El Restricted Delivery
delivered.
C.
.6
-a 3. Article Addressed to:
Consult Postmaster for fee
U
(D
(D
4a ' Article
4a. ;�—rtOW—Nu.ber
ra
'
r
4 S erv"
4b. Service Type
0 UZ,
E Reg "t'
EJ Registered El Insured
LU
C 12 A> C q-
Certified
e
Certified El COD
El Express Mail F
j Return Receipt for
Merchan
—7-bate of Delivery
Signature (Addressee)
-se-—
8. AdcFresW.—Address (Only if requested
C. Signature
and fee is paid)
C,
W� (Agent)
a I, UUCOMDer 1 9mrfa
9 1 *U.S. GPO: 1993--352-714 -
DO
PS F-offn 3800, jj,uj(" 1991
or 0 P (Drl rnNI
ro
V31 ZVI, W
-16
>
5
X,
D
'6
ilr
qi. ra
6 2 0 6 4 2 -J 14 6 5?111
3 76051 a
Akl� A
6 V
ci,,i y I 1 1 , I, o[ An
Aan mow ni,lo' A
I1;
on, f)I,wO�nj o (Ildn� MI IIIMII:,r 'i,III n
IIIn m 1 1
providod flie moo y oid,k1 'A

VV
v'S
/VAd`.l RETURN —OF —SERVICE
I certify that this NOTICE OF SERVICE was received on the
0 _day of �� _C� — 19 ff and together with the docu-
ment(s) was served as follows:
0 n on the day o f _-----------------'
19 at the following place:
-------- ----------------------------------------
----- (Fill—
—address where copy delivered)
t' y : -----------------------
delivering copies to him personally; who is a
person suitable age discretion and who resides in the named indivi-
dual's dwelling house or place of business.
If served
the named
individual, state reason:
°not /on
Fee $ �, d0
Paid 6fo
'9 __44_44�� " A&L-
(Date)
, Sheriff
, Deputy

Stateof •rth Carolina
Department •
Health and Natural Resources
Division of • • Waste Managemeni
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
March 8, 1995
Sheriff L. David Huffman
Catawba County Justice Center
Post Office Box 385
Newton, North Carolina 28658
RE: Service of Process
Dear Sheriff Huffman:
Enclosed is a document to be served on Mr. Marcus Wike, Route 3, Box 630, Granite
Falls, North Carolina 28630. The document is a Compliance Order with Administrative Penalty
issued by this Department for violations of the Solid Waste Management Rules. Mr. Wike has a
history of not accepting our certified mail to him. Therefore, we ask that you or a representative
of your office hand -deliver this Compliance Order with Administrative Penalty to Mr. Wike.
Also enclosed is a money order in the amount of $5.00 required for service.
Please complete and return the Certificate of Service in the enclosed envelope. Your
prompt attention to this matter is greatly appreciated. If you have any questions or need
additional information, please contact me at [phone].
Sincerely,
Lee C. Flynn, m iance Officer
Field Operations Branch
cc: Philip J. Prete, Field Operations Branch Head
Nancy E. Scott, Assistant Attorney General
Julian M. Foscue, Western Area Supervisor
Anthony B. Foster, Waste Management Specialist
401 Oberlin Road, Suite 150, Raleigh, North Carolina 27605 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources &4 •
Division of Solid Waste Management
James B, Hunt, Jr., Governor p E H N
Jonathan B. Howes, Secretary
Pt
William L. Meyer, Director
March 8, 1995
HAND -DELIVERED
Mr. Marcus Wike
Route 3, Box 630
Granite Falls, North Carolina 28630
Re: Compliance Order with Administrative Penalty
Catawba County/NF
Dear Mr. Wike:
Enclosed is a Compliance Order issued to you because of certain violations of the North
Carolina Solid Waste Management Act (N.C. General Statute 130A, Article 9) and of the North
Carolina Solid Waste Management Rules, (15A N.C. Administrative Code 13B) which implement the
Act. Along with the Compliance Order is an Administrative Penalty of $5,000.00 that is imposed
pursuant to N.C. General Statute 130A-22(a). This Compliance Order with Administrative Penalty
describes the violations of concern and the actions required by you to come into compliance with both
the General Statutes and the Administrative Code.
You may appeal this Compliance Order with the Administrative Penalty by filing a written
petition for an administrative hearing with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, North Carolina 27611-7447, within thirty (30) days of the receipt of the Compliance Order.
Your petition must be submitted in accordance with the provisions of N.C. General Statute 150B-
23(a) and 130A - 22(e) A copy of your petition must also be sent to Richard Whisnant, General
Counsel, Department of Environment, Health and Natural Resources, P.O. Box 27687, Raleigh,
North Carolina 27611-7687.
If no administrative hearing is requested, the administrative penalty must be paid within sixty
(60) days by check or money order, made payable to the Division of Solid Waste Management.
Payment should be mailed to William L. Meyer, Director, Division of Solid Waste Management,
Department of Environment, Health and Natural Resources, P.O. Box 27687, Raleigh, North
Carolina 27611-7687.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Mr. Wike
March 8, 1995
Page 2
I encourage you to schedule an informal conference at once with my staff to discuss this
compliance order and administrative penalty. Please contact Anthony B. Foster, Waste Management
Specialist at [phone].
Sincerely,
William L. Meyer, Director
Division of Solid Waste Management
WLM/lcf
Enclosure
cc: Dexter R. Matthews, Solid Waste Section Chief
Philip J. Prete, Field Operations Branch Head
Nancy E. Scott, Assistant Attorney General
Julian M. Foscue, Western Area Supervisor
"Antliony"B Foster, Waste 1VlanagementP Specialist
Central Files

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF SOLID WASTE MANAGEMENT
SOLID WASTE SECTION
In Re: Mr. Marcus Wike COMPLIANCE ORDER
Route 3, Box 630 WITH
Granite Falls, North Carolina 28630 ADMINISTRATIVE PENALTY
PRELIMINARY STATEMENT
This Compliance Order with Administrative Penalty is issued under N.C. General Statutes
130A-22, the Solid Waste Management Act (N.C.G.S. 130A, Article 9), and the Solid Waste
Management Rules (15A N.C. Admin. Code 13B). Title 15A of the N.C. Admin. Code, Chapter 13B
contains standards and requirements applicable to the proper management of solid waste management
facilities.
On March 1, 1971, the State of North Carolina, Department of Human Resources, Division
of Health Services, Solid Waste Section, implemented a Solid Waste Management Program under
the Solid Waste Management Act, N.C.G.S. 130A, Article 9 and rules codified at 15A N.C. Admin.
Code 13B. Solid Waste Management is now a Division of the Department of Environment, Health
and Natural Resources. William L. Meyer, Director, Division of Solid Waste Management,
Department of Environment, Health and Natural Resources, has been delegated the authority to
implement both the Act and the Rules. Based upon information available, the Director has
determined that you are in violation of certain requirements of the Act and/or Rules, as set forth
below.
STATEMENT OF FACTS
1. On July 21, 1994, in response to a citizen complaint, Anthony B. Foster, a Waste
Management Specialist for the Solid Waste Section, inspected property listed as a 6.85 acre
tract on page 472 ofDeed Book 1424, owned by Mr. Marcus Wike and located on 4th Street
Southwest, in Hickory, Catawba County, North Carolina. Mr. Foster observed land clearing
and inert debris, shingles, metals, cardboard, paper, sheetrock and other construction debris
dumped on the property. This property is not and never has been permitted by the Division
of Solid Waste Management as a solid waste management facility.
2. On August 1, 1994, Mr. Foster issued a Notice of Violation to Mr. Wike. The Notice of
Violation ordered Mr. Wike to close the open dump on his property and remove the waste
in accordance with 15A N.C. Admin. Code 13B .0502 by September 1, 1994. The Notice
of Violation was delivered via certified mail and signed for by Mr. Wike on August 18, 1994.

COMPLIANCE ORDER 977HADMI7VISTRATIVE PENALTY
March 8, 1995
Page 2
3. On October 4, 1994, Mr. Foster inspected the site and found that Mr. Wike had not complied
with the August 1, 1994 Notice of Violation ordering him to close the site and remove the
waste.
4. On October 20, 1994, Mr. Foster issued a second Notice of Violation to Mr. Wike. The
Notice of Violation ordered Mr. Wike to close the open dump on his property and remove
the waste in accordance with 15A N.C. Admin. Code 13B .0502 by November 30, 1994. The
Notice was delivered via certified mail, but was returned to the Mooresville Regional Office
as unclaimed.
5. On November 30, 1994, Mr. Foster returned to the site and found that Mr. Wike had still not
complied with the August 1, 1994 Notice of Violation. Mr. Foster saw that construction and
demolition material along with land clearing and inert debris were still disposed on the
property.
STATEMENT OF VIOLATIONS
The above facts constitute a violation of the following section(s) of the N.C. Admin. Code:
Title 15A N.C. Admin. Code 13B .0201(a) states that "no person shall establish, -or allow to
be established on his land, a solid waste management facility, or otherwise treat, store, or
dispose of solid waste unless a permit for the facility has been obtained from the Division."
You are in violation of Title 15A, N.C. Admin. Code, Section 13B .0201(a) in that you have
established or allowed to be established a solid waste management facility on your property without
a permit from the Division.
CONDPTIONS FOR COMPLIANCE
Based on the foregoing, you are hereby ordered to take the following actions:
1. Immediately discontinue all waste dumping operations.
2. Immediately post signs indicating closure.
3. Within 45 days of receipt of this Order, remove all metals, plastics, paper, sheetrock, shingles
and any other material not defined in the Rules as land clearing and inert debris, and place in

COMPLIANCE ORDER N'ITHADMINISTRATIVE PENALTY
March 8, 1995
Page 3
an appropriately permitted disposal facility approved in advance by Mr. Anthony Foster (i.e.
Catawba County Landfill). Land clearing and inert debris consists of stumps, trees, limbs,
brush, grass, concrete, brick, concrete block, uncontaminated soil, gravel, rock, untreated and
unpainted wood, and other naturally occurring vegetative material. Compact and cover
remaining land clearing and inert debris in place with one foot or more of suitable compacted
earth.
4. Within 45 days of receipt of this Order, implement erosion control measures by grading and
seeding in accordance with the Sedimentation Pollution Control Law (15 N.C. Admin. Code
4). You may contact the Land Quality Section of the Division of Land Resources at (704)
663-1699 if you have any questions pertaining to the Sedimentation Pollution Control Law.
5.
Within 45 days of receipt of this Order, record a Notice of Unpermitted Solid Waste Disposal
Site with the Catawba County Register of Deeds. The procedure for recording the Notice
of Unpermitted Site follows:
The Landowner(s) shall:
A. Submit to the Section an entire copy of the property deed giving the complete
legal description of the property as it is registered in the index of the county
where the land is located. The description will either be by metes and bounds
or by reference to a recorded plat map.
B. Submit to the Section a plat of the land prepared by a registered land surveyor
in accordance with N.C.G.S. 47-30.
The map must show:
(1) Name of owner, property lines, north arrow, scale and bearings and
distances taken from the deed.
(2) Disposal areas delineated.
(3) Certification and seal by registered land surveyor.
Items A and B must be sent to the Solid Waste Section, Anthony B. Foster,._. Waste
Management Specialist, DEHNR, 919 North Main Street, Mooresville, North Carolina
28115.

COMPLIANCE ORDER 97771 ADMINISTRATIVE PENALTY
March 8, 1995
Page 4
C. The Section will prepare a "Notice of Closed Unpermitted Solid Waste
Disposal Site", which the landowner(s) shall sign and acknowledge in the form
prescribed by N.C.G.S. 47-38 through 47-43.
The landowner(s) must file the Closure Notice, with the map attached where
appropriate, with the Register of Deeds in the county or counties where the
land is located. If the map is too large to be reduced legibly to legal size, it
shall be recorded in the map index, and the Closure Notice shall reference the
separately recorded plat.
The Register of Deeds shall record the Notice in the Grantor Index under the
name(s) of the owner(s) of the land. After recording, the Register of Deeds
shall mail the original notice instrument, affixed with the Register's seal,
together with the book, page number and date of recording, to:
Julian M. Foscue, III
Solid Waste Section
Division of Solid Waste Management
Department of Environment, Health and Natural Resources
585 Waughtown Street
Winston-Salem, North Carolina 27107-2241
PENALTY EUPOSED
In addition to taking the actions specified above, you are hereby ordered to pay in accordance
with N.C. General Statute 130A-22(a), an administrative penalty of $5,000.00.
The N. C. Solid Waste Management Penalty Computation Procedure, dated March 19, 1985,
was used to determine the amount of the administrative penalty imposed with this order. The factors
considered in determining the administrative penalty include, but were not limited to: the nature of
the violations, the potential effect on the public health and environment, the degree and extent of
harm caused by the violations, the costs of rectifying any damage, the types and amounts of wastes,
the ease and costs of compliance, and any history of non-compliance,.___
The amount of this penalty shall be paid within sixty (60) days of receipt of this order by
check or money order made payable to the Division of Solid Waste Management. Payment should
be mailed to William L. Meyer, Director, Division of Solid Waste Management, Department of
Environment, Health and Natural Resources, P.O. Box 27687, Raleigh, N.C. 27611-7687.

COMPLIANCE ORDER WITHADMINISTRATIVE PENALTY
March 8, 1995
Page 5
If you file a petition for an administrative hearing within thirty (30) days in accordance with
the applicable statutes and rules, payment of the penalty is due within sixty (60) days after service of
a copy of any final decision affirming the penalty.
POTENTIAL CONSEQUENCES OF FAILURE TO COMPLY
You are hereby advised that, pursuant to N.C.G. S. 130A-22, each day of continued violation
of any requirement of the act, the rules, or any order issued under the act or rules constitutes a
separate violation for which a penalty of up to $5,000.00 per day maybe imposed. If the violation(s)
continue, you may also be subject to further enforcement actions including injunction from operation
of a solid waste management facility and any such further relief as may be necessary to achieve
compliance with the North Carolina Solid Waste Management Act and rules.
OPPORTUNITY TO REQUEST A HEARING
You have the right to request an administrative hearing to contest any matter of law, material
fact, requirement, or penalty set forth herein To exercise this right, you must file a written petition
in accordance with N.C.G.S. 150B-23(a) and N.C.G.S. 130A - 22(e) within thirty (30) days of receipt
of this Compliance Order with Administrative Penalty.
The petition must be signed by you or your attorney. It must state facts tending to establish
that the agency has deprived you of property, has ordered you to pay a fine or civil penalty, or has
otherwise substantially prejudiced your rights. It must also state that the agency has:
1. exceeded its authority or jurisdiction;
2. acted erroneously;
3. failed to use proper procedure;
4. acted arbitrarily or capriciously; or
5. failed to act as required by law or rule.
Your petition must be filed within thirty (30) days with the Office of Administrative Hearings,
424 North Blount Street, P. O. Drawer 27447, Raleigh, North Carolina 27611, in accordance with
N.C.G.S. 150B-23(a). A copy of your petition must also be submitted to Richard Whisnant, Legal
Counsel, Department of Environment, Health and Natural Resources, P. O. Box 27687, Raleigh,
North Carolina 27611-7687. Failure to complete either of these acts within the thirty (30) day period
may result in denial of any administrative hearing.
Any administrative hearing will be conducted in accordance with applicable rules contained
in the North Carolina Administrative Code. A copy will be furnished to you upon request.

COMPLIANCE ORDER WITHADMINISTRATIVE PENALTY
March 8, 1995
Page 6
INFORMAL CONFERENCE
Whether or not you request an administrative hearing, the Division encourages you to
schedule an informal conference to discuss this matter and to give you an opportunity to provide
additional information, including any actions you have taken to correct the violation(s). If you desire
an informal conference, please contact:
Anthony B. Foster
Waste Management Specialist
Solid Waste Section
N. C. Division of Solid Waste Management
919 North Main Street
Mooresville, North Carolina 28115
[phone]
Note: The scheduling of an informal conference does not relieve you of the need to fde
your petition for an administrative hearing within the thirty (30) day period.
B
Y•
William L. Meyer, Direct r
Division of Solid Waste Management
Department of Environment, Health and Natural Resources

C3
m
IT
ul
co 5 m 12
rr-qaR,
'2
00
ru
V
C-5
tv Go
ggt
m
0
L66L 'WHIf- 'OOBE: WA0j C-,j
nj pewl-"a NOT [1FCJ:,1P1' 1f)AYMIUM
I Oka I I an 02L.
­v "I Ju, il KEIJI I F FUR WAA I
3
950 9 276051 ***.5*0
620642299811,
tyo, m� fflo �R Y I: 1! 11!
M"W
AMA
m"mm, f'RON1
wfk,u7c) J
00 my OP
A'
j": jq Sly,
AW n VnInd A p A or
An &TAy Who MOI
wV bc fkd id mW W— A a kw. A
'�)��ymo,d
wphoo,mm! M] not he !;�;Ijnd
md,10 Wdays "R"[ ho nowy older
n
in iho .;trice providod No (),mlIO, d �3, ,�
pmdhmo novidnd
tho money order ha�;nol lw)on pmd.
Im,,mlont 11 your nrow)ymdor Ion! of ��tokn), pw�i('Int IN', 'wd,n( :r nor(
fu� �1,(flund at vom 13,)�;i Oiiyx�,

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Linda Diane Long, Regional Manager
CERTIFIED MAIL ,%
RETURN RECEIPT REQUESTED
Mr. Marcus Wike
Route 3, Box 630
Granite Falls, North Carolina
,?WA
E:)EHNR
DIVISION OF SOLID WASTE MANAGEMENT
October 20, 1994
28630
RE: Notice of Violation
Dear Mr. Wike:
Pursuant to N.C.G.S. 130A-22(a) and to 15A NCAC 13B, you are
hereby informed that you are operating an open dump.
On October 4, 1994, I inspected an open dump owned and
operated by you of 4th Street in Hickory, North Carolina. The
inspection revealed the following violation of the N. C. Solid Waste
Management Rules 15A NCAC 13B:
15A NCAC 13B.0201(a) requires that no person shall
establish or allow to be established on his land, a solid
waste management.facility, or otherwise treat, store, or
dispose of solid :paste unless a permit for the facility
has been obtained from the Division. You are in
violation of 15A NCAC 13B.0201(a) in that a solid waste
management facility has been established on your land
without a permit from the Division of Solid Waste
Management.
Based on the foregoing, you are hereby ordered to comply with
15A NCAC 13B.0201(a) by immediately discontinuing all dumping
operations and by November 30, 1994, comply with 15A NCAC 13B.0502,
Open Dumps as follows:
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Notice• I
• = •
I. Compact and cover only land clearing and inert debris in
place with one foot of suitable compacted earth. Wastes
not listed in the definition of "land clearing and inert
debris landfill" must be removed and disposed of at a
permitted solid waste management facility. Land clearing
and inert debris consists of land clearing waste,
concrete, brick, concrete block, uncontaminated soil,
gravel, rock, untreated, unpainted wood and yard trash.
As an alternative you may remove and place all solid
waste in an aDDroved site or facility
A. The procedure for`compacting and covering the waste
follows:
The landowner(s) shall:
1. Submit to the Section an entire copy of the
property deed giving the complete legal
description of the property as it is
registered in the index of the county where
the land is located. The description will
either be by metes and bounds or by reference
to a recorded plat map.
2. Submit to the Section a plat of the property
sufficient to meet the standards for recording
in the Map Index of the county where the land
is located. The map must show:
a) Name of owner, property lines, north
arrow, scale and bearings and distances
taken from the deed.
b) Disposal area delineated.
c) Certification and seal by registered land
surveyor or registered engineer.
Items #1 and #2 should be sent to Solid Waste Section,
Anthony B. Foster, Waste Management Specialist, DEHNR,
919 North Main Street, Mooresville, North Carolina
28115.
3. The Section will prepare a "Notice of Closed
Unpermitted Solid Waste Disposal Site," which
the landowner(s) shall sign and acknowledge in
the form prescribed by N.C.G.S. 47-38 through
47-43.

C
Notice of Violation
Page Three
The landowners) must file the Closure Notice,
with the map attached where appropriate, with
the Register of Deeds in the county or
counties where the land is located. If the
map is too large to be reduced legibly to
legal size, it shall be recorded in the map
index, and the Closure Notice shall reference
the separately recorded plat.
The Register of Deeds shall record the Notice
in the Grantor Index under the name(s) of the
owner(s) of the land. After recording, the
Register of Deeds shall mail the original
notice instrument; affixed with the Register's
seal, together with the book, page number, and
the date of recording, to:
Solid Waste Section
Julian M. Foscue, III
Division of Solid Waste Management
DEHNR
8025 North Point Boulevard
Suite 100
Winston-Salem, N.C. 27106
Ii. Implement erosion control measures by grading and seeding
in accordance with the Sedimentation Pollution Control
Law (15 NCAC 4). You may contact The Land Quality
Section of the Division of Land Resources at (704) 663-
1699 if you have any questions pertaining to the
Sedimentation Pollution Control Law.
III. Post signs indicating closure.
IV. Prevent unauthorized entry to the site by means of gates,
berms, fences.
Pursuant to N.C.G.S. 130A-22(a) and 15A NCAC 13B Section
.0701-.0707, an administrative penalty of up to $5,000.00 per day
may be assessed for violation of the Solid Waste Law or Regulation.

Notice of Violation
Page Four
If you have any questions concerning this matter, please call
me at [phone].
Sincerel
Anthony B. Foster
Waste Management Specialist
cc: Julian Foscue, III
Phil Prete
ABF/kr

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Vivian H. Burke, Regional Manager
DIVISION OF SOLID 1
August 1, 1994 a
LL
• C
C
to
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Eddie Neill
Neill Grading Company
Post Office Box 3516
Hickory, North Carolina 28603
RE: Notice of Violation
Dear Mr. Neill:
t
t:
o- P 848 363 480
Receipt for
Certified Masi
No Insurance Coverage Provided
Do nof use for International Mail
hto..
Sent to
NEILL GRADING COMPANY
Street and No.
P 0 BOX 3916
P.O., state and ZIP Code
HICKORY NC 28603
Postage
$
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Retum Receipt Showing
to Whom & Date Delivered
Relum Receipt Showing to Whom,
Date, and Addressee's Address
TOTAL Postage $
• &Fees
Postmark or Date
Pursuant to N.C.G.S. 130A-22(a) and to 15A NCAC 13B, you are
hereby informed that you are transporting waste to a non -conforming
solid waste disposal site/open dump.
On July 21, 1994, I inspected a non -conforming solid waste
disposal site owned and operated by Marcus Wike off 4th Street in
Hickory, North Carolina. The inspection revealed the following
violations of the N.C. Solid Waste Management Rules 15A NCAC 13B:
15A NCAC 13B .0105(b) requires that the solid waste
collector shall transport to a site or facility only
those solid wastes which the site or facility is
permitted to receive. You are in violation of 15A NCAC
13B .0105(b) in that you have been transporting solid
waste to a non -conforming, non -permitted site.
Based on the foregoing, 'you are hereby ordered to comply with
15A NCAC 13B .0105(b) by taking the following action:
Immediately discontinue all dumping operations at the Wike
site located off 4th Street, Hickory, North Carolina.
919.North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 o% post -consumer paper

j Notice of Violation
Page Two
Pursuant to N.C.G.S. 130A-22(a) and 15A NCAC 13B Section
.0701-.0707, an administrative penalty of up to $5,000.00 per day
may be assessed for violation of the Solid Waste Law or Regulation.
If you have any questions concerning this matter, please call
me at [phone].
Sincerely,
Anthony . Foyer
Y
Waste Management Specialist
Enclosure
cc: Julian Foscue, III
ABF/kr

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes; Secretary
Vivian H. Burke, Regional Manager
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Stewart Robbins
Moss Construction Company
Post Office Box 2423
Hickory, North Carolina 28603
Dear Mr. Robbins:
I
P. ,8.48 363 48,1
1 ;
Receipt for
Certified Mali
rM . No Insurance coverabe Provided
,,.. .. -� nn• not use'for International Mail
Pr
EDI
DIVISION OF SOLID
August 1, 1994
RE: Notice of Violation
P1iil 28603
Postage
Certified Fee
Special Delivery Fee
Restdcted Delivery Fee
Return Receipt mnowmy
p� to Whom & Date Delivered
W Return Receipt, Showing to Whom,
Z Date, and Addressee's Address
3 TOTAL Postage
® & Fees
00
Postmark or Date
M
E
9
(L ;
Pursuant to N.C.G.S. 130A-22(a) and to 15A NCAC 13B, you are
hereby informed that you are transporting waste to a non -conforming
solid waste disposal site/open dump.
On July 21, 1994, I inspected a non -conforming solid waste
disposal site owned and operated by Marcus Wike off 4th Street in
Hickory, North Carolina. The inspection revealed the following
violations of the N.C. Solid Waste Management Rules 15A NCAC 13B:
15A NCAC 13B .0105(b) requires that the solid waste
collector shall transport to a site or facility only
those solid wastes which the site or facility is
permitted to receive. You are in violation of 15A NCAC
13B .0105(b) in that you have been transporting solid
waste to a non -conforming, non -permitted site.
Based on the foregoing, you are hereby ordered to comply with
15A NCAC 13B .0105(b) by taking the following action:
Immediately discontinue all dumping operations at the Wike
site located off 4th Street, Hickory, North Carolina.
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

r
Notice of Violation
Page Two
Pursuant to N.C.G.S. 130A-22(a) and 15A NCAC 13B Section
.0701-.0707, an administrative penalty of up to $5,000.00 per day
may be assessed for violation of the Solid Waste Law or Regulation.
If you have any questions concerning this matter, please call
me at [phone].
Sincere -,
AnthonyB. Foster
Waste Management Specialist
Enclosure
cc: Julian Foscue, III
ABF/kr

North Carolina Department of Environment,
Health, and Natural Resources
919 North Main Street
Mooresville, N. C. 28115 i ' ! �Il t '� C

CLLUILVLLY KYP"4 _ -, 11
North Carolina Department of Environment,
Health, and Naiural Resources
919 North Main Street
Mooresville, N. C. 28115
Name . �—01% =�a
1 J �vN FM�k� No
2nd Notice �j7 A/0 F 4 QAiD y0,
4D��
FS Form 3800 JUNE 1991
Ry`4S MR�'" G S WKE
;yy 4T 3 BOX
GRANITE FALLS NC
H
p
cp
0
CD
.
Ma-o
�dZ
@
H
lam]
b?
n
CL
U
FF-H
O
..
v
4F#
n
-+��-
00
rn
r-,
oz
�o
ms
'D
N OM
1 0
7 3 .q �
L3�
mac LD,
ID ��
N
w
n CL
CD
Qr
� Ep
W
72
,
¢«1 fD
0�
wo
3: CL
�' a
I

FEB­20­1995 16: 52 FFICIM DEHHR MOCIRESIUILLE 10
State of North Carolina
Department of Environmemt,
Health and Natural Resources
Mooresville Regional OffiCe
James B. Hunt, Jr,, Governor
Jonathon B, Howes, Secretary
Vivian H. Burke, Regional Manager
0
I- 1 0`1 � .
mr. Maraug Wike
Route 3, BOX 630
Granite Falls, North carolina 28630
pyrIalm
Dear Mr. Wike:
mm,mygmang Fs"Fol am
Pursuant to N.C.G.S. 130A--22(a) and to 15A NCAC 13B, you are
hereby informed that you are operating a non -conforming solid waste.
disposal site/open dump.
on July 21, 1994, 1 inspected a non-conform-Ing sojAd waste
disposal site owned and operated by you of f 4th Street in Hickory,
North Carolina. The inspection revealed the f011OWing ViOlcRtILOIIS
of the N..C. Solid Waste Management Rules 15A NCAC 13B:
15A NCAC 13B.0201(a) requires tha:t no person- stwall
establish or allow,to be establisheA on his la-nd 'a Solid
'I (ore , or
waste management facility, or othdrwis(-2i treat, St . -
dispose of solid waste unless a permit for the,�,-facility
has been obtained from the Division. You -%are in
violation of 15A NCAC 13B.0201,(a) in that a solid waste
management facility has been established on your I.and
without a permit from the Division Of Solid WaSV?
Management.
Ba-ged on the foregoing, you are hereby ordered to comply with
15A NCAC 13B.0201(a) by taking the following action.-
IMediately discontinue all dumping operations and by
September 1, 19941 oomply with 15A NCAC 13B.0502, Non -Conforming
Sites/Open Dumps as folloWSI:
919 Now Main Stroot. Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]f)
An Equal Opporfunlly Affiunc3five Aotion �Mployer r,0% recycled/ 10% post -consumer paper

FEB--20-:1'_D95 16: 573 FROM DERAR MCICIRES=4) I LLE TF1 1 1 ___J' fl 1. Lj
1 :4
Notice of violatico
Page Two I
I. Z!mpye an � ce solid _gnj ajgk��waste
11. Implement erosion control measures by grading and seoding
in accordance with the Sediiaentation Pollution Control
Law (15 NCAC 4) . You may contact The Land Ouality
Section of the Division of Land Resova rc(�i!h,, at (704) 663--
1699 if you have any questions pertaining to the
Sedimentation P611ution Control Law.
Ill. Post signs indicating closure.
IV. Prevent unauthorized entry to the site by means of gates,
berms, fences.
Pursuant to N.C.G.S. 13OA-22(a) and 15.A NCAC! 13B Sec..tion
.0701--.0707, an administrative penalty of 'up to $5,000.00 per day
may be a.qsessed for violation of the Solid Waste Law or Regulation.
if you have any questions concerning this matter, pleasc-.k call.
me at [phone].
Sincerely
*'A' 21,
Anthony B. Foster
Waste Management Spec ia 1 is't
cc-, Julian Foscue, III

File Code COMPLAINT INVESTIGATION�� n
County
Date Received �� Y �� Received By
How Received: Letter, t--Phone, Raleigh Referral, Other
WMS:. ��C A COMPLAINANT: FYI C,c5
ADDRESS:
. PHONE:
COMPLAINT:
DIREC,,_T/IONS /: ---`� Gi,R S C
Jf --� ��ial, . I P,5>-+ %7G,7`v'c, � /rn �� C'.42.hG,f-�tC[.. 4-- `-f� ,v:,c..c� fir' _ .�Gcn�.. " `l�'".% %'
77
RESPONSIBLE PARTY:
ADDRESS:
PHONE:
NATURE OF COMPLAINT:
ZNON-FACILITY:
-/OPEN DUMP, STORAGE - TRANSP., BURNING
LAND APPLICATION, UNMANAGED DUMP
USED OIL, MEDICAL WASTE, SCRAP TIRE, SEPTAGE,
INDUSTRIAL PROCESS WASTE, �&D WASTE, CI WASTE
COMMERCIAL/RESIDENTIAL WASTE
FACILITY:
MSW LANDFILL, C&D LANDFILL, LCI LANDFILL, —MSW INCINERATOR,
MW INCINERATOR, MIXED WASTE PROCESSING, YARD WASTE COMPOST,
SCRAP TIRE COLLECTION, MSW COMPOSTING, TRANSFER,
SEPTAGE, INDUSTRIAL WASTE LANDFILL, MONOFILL,
TREATMENT & PROCESSING, MRF
DATE/ACTION:
DATE/ACTION:
DATE/ACTION:
DATE/ACTION:
DATE/ACTION:
DATE/ACTION:
(Use
DISPOSITION: NO SOLID WASTE VIOLATION FOUND DATE
VIOLATION CORRECTED DATE
CLOSED ON SITE, REMOVED TO APPROVED SITE
REFERRAL,REFERRED TO
REMARKS:
COPIES TO:
DISPOSITION DATE:
B®:
n)