IS111305_Erickson

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL S''0 r
Director
NORTH CAROLINA
Environmental Quality
November 16, 2018
CERTIFIED MAIL 7013 0600 00017442 6191
RETURN RECEIPT REQUESTED
Leslie and Linda Erickson
P.O. Box 1783
Fairview, NC 28730
CERTIFIED MAIL 7013 0600 00017442 6207
RETURN RECEIPT REQUESTED
Peter R. Henry
The Henry Law Firm
31 College Place
Asheville, NC 28801
RE: NOTICE OF INTENT TO RECORD A NOTICE OF OPEN DUMP
Buncombe County, Non -facility IS111305
Dear Mr. & Mrs. Erickson:
Pursuant to the North Carolina General Statute (N.C.G.S.) §130A-301(f), this Notice is to inform you that
the Division of Waste Management ("Division") intends to file a Notice of Open Dump in the office of the
register of deeds in Buncombe County on your property located at or near 297 Old Fort Road, Fairview,
North Carolina. (Parcel Identification Number 9686-38-5839-00000; formerly a portion of a parcel with
Parcel Identification Number 9686-38-4777-00000, identified as 297 Old Fort Road, Fairview, North
Carolina, and recorded at Deed Book 1852 Page 0379).
On May 15, 2013, you, as registered owners of property at 297 Old Fort Road, Fairview, North Carolina,
were issued a Notice of Violation letter for the establishment of a non -conforming solid waste disposal
site on the above referenced property. The disposal site consisted of land clearing waste on this site. The
Notice of Violation instructed all parties to take specific remedial action to bring the site into compliance
with the North Carolina Solid Waste Management Rules and Law and to protect public health and the
environment. On July 1, 2013, a Notice of Continuing Violation was sent to you and on August 19, 2014,
a second Notice of Continuing Violation was sent to you.
e:.4;:f RIE
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

Leslie and Linda Erickson
Peter R. Henry, The Henry Law Firm
Notice of Intent to Record a Notice of Open Dump
Page 2 of 2
November 16, 2018
As of the date of this letter, the remedial actions outlined in the Notice of Violation letter and the Notices
of Continuing Violation letters remain unresolved. Based on this information, the Division has made the
decision to file a Notice of Open Dump.
You have thirty (30) days from receipt of this Notice to appeal this decision by filing a written petition for
an administrative hearing with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
North Carolina 27699-6714. Your petition must be submitted in accordance with the provisions of N.C.G.S.
§150B-23(a) and §130A-22(e). A copy of your petition must also be served on Bill Lane, General Counsel,
Department of Environmental Quality,1601 Mail Service Center, Raleigh, North Carolina 27699-1601.
If the conditions of the Notice of Violation are resolved within 30 days of the receipt of this letter by
removing any remaining solid waste from the property to a permitted disposal facility, then the Division
will not record a Notice of Open Dump on your property.
Please note that the recordation of a Notice of Open Dump on your property deed shall remain in place
until all solid waste is removed from the open dump site to the satisfaction of the Division of Waste
Management N.C.G.S. §130A-301(f)(4). Please 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, 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.
I encourage you to contact Deborah Aja, Western District Supervisor immediately to discuss this Notice.
Ms. Aja can be reached at the. Asheville Regional Office at [phone].
Sincerely,
Ed Mussler, Solid Waste Section Chief
Division of Waste Management, Solid Waste Section
ec: Jason Watkins, Field Operations Branch Head —Solid Waste Section
Deborah Aja, Western District Supervisor - Solid Waste Section
Jessica Montie, Environmental Program Consultant - Solid Waste Section
Carolyn McLain, Assistant Attorney General, NC DOJ
D��
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

NCDENR
North Carolina Department of Environment and
Pat McCrory
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED:
#7006 2150 0005 2458 9402
Leslie and Linda Erickson
PO Box 1783
Fairview, NC 28730
SUBJECT: Notice of Violation
Non -Permitted Facility
Buncombe County
IS111305
Dear Mr. and Mrs. Erickson:
Division of Waste Management
Dexter Mathews, Director
May 15, 2013
Natural Resources
CERTIFIED MAIL
John E. Skvarla, III
Secretary
RETURN RECEIPT REQUESTED:
#7006 2100 0005 2458 9464
Peter R. Henry
The Henry Law Firm
31 College Place
Asheville, NC 28801
Pursuant to North Carolina General Statutes 130A-22(a) and to 15A North Carolina Administrative Code 13B,
you are hereby informed that you have ownership of a non -conforming solid waste management facility on
property located at 297 Old Fort Road in Fairview, NC.
On May 13, 2013, Andrea Keller, representing the State of North Carolina, Division of Waste Management
Solid Waste Section, inspected the above referenced property for compliance with North Carolina solid waste
statutes and rules. The inspection revealed that solid wastes classified as land clearing materials (logs, stumps,
brush, limbs, etc.) were stored on site and appeared to be managed on site (ground and/or processed). The
non -permitted management of this material constituted a violation of the North Carolina Solid Waste
Management Rules, codified at 15A N.C. Admin. Code 1313; specifically:
15A NCAC 13B .0201(a) which states that "no person shall establish, or allow to be established, on his land a
solid waste disposal facility, or otherwise treat, store, or dispose of solid waste unless a permit for this facility
has been obtained by the Division."
The following actions will bring you into compliance with 15A N.C.A.C. 13B of the Solid Waste Management
Rules concerning open dumps, Section .0201 of 15A NCAC 1313, as follows:
I. Immediately cease acceptance of any new material at the site and halt any processing of materials
on site.
Page 1 of 2

Page 2 of 2
II. By June 151t", 2013, remove all solid waste from the property including any buried or burned waste
and properly dispose of or manage at a facility permitted by the Division of Solid Waste
Management;
III. Contact Andrea Keller at [phone] upon start and completion of cleanup operations;
IV. Provide proof that the waste was disposed of or managed properly by mailing copies of all solid
waste transaction receipts to:
Andrea Keller, Solid Waste Section
Department of Environment and Natural Resources
2090 US Highway 70
Swannanoa, NC 28778
NOTE: Burning of waste in place is not permissible.
Failure to comply with this schedule may subject the facility and/or all responsible parties 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. Pursuant to N.C.G.S. 130A-22(a) and 15A NCAC 13B .0701-
.0707, an administrative penalty of up to $15,000.00 per day may be assessed for each violation of the Solid
Waste Laws, Regulations, Conditions of a Permit, or an Order issued under Article 9 of Chapter 130A of the
N.C. General Statutes.
If you have any questions please contact me at [phone] or e-mail [e-mail] .
Sincerely,
Andrea Keller
Environmental Senior Specialist
Solid Waste Section
ec: Jason Watkins, Western District Supervisor — Solid Waste Section
Sarah Rice, Compliance Officer —Solid Waste Section
Roger Presley, Buncombe County Solid Waste Enforcement
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Internet: http://Portal.ncdenr.org/web/wm/sw
An Equal Opportunity 1 Affirmative Action Employer