3246_UCLDLCID_ZoningapprovalLetter_compost_T&P_FID1395385_20200406

City Council: Mayor Allen Joines; Vivian H. Burke, Mayor Pro Tempore, Northeast Ward; Denise D. Adams, North Ward; Dan Besse, Southwest Ward; Robert C. Clark, West Ward;
John C. Larson, South Ward; Jeff MacIntosh, Northwest Ward; Annette Scippio, East Ward; James Taylor, Jr., Southeast Ward; City Manager: Lee D. Garrity County Commissioners: David R. Plyler, Chairman; Don Martin, Vice Chair, Fleming El-Amin; Ted Kaplan; Richard V. Linville; Tonya McDaniel; Gloria D. Whisenhunt; County Manager: Dudley Watts, Jr. City-County Planning Board: Chris Leak, Chair; Melynda Dunigan, Vice Chair; George M. Bryan, Jr.; Jason Grubbs; Tommy Hicks; Clarence R. Lambe, Jr.; Johnny Sigers;
Brenda J. Smith; Jack Steelman

April 6, 2020

Ming-tai Chao
NC Department of Environmental Quality
Division of Waste Management
1646 Mail Service Center
Raleigh, N.C. 27699

RE: Tanner Boyles LCID (Zoning Docket F-1575)

Mr. Chao:
As it pertains to the development referenced above, the Forsyth County Board of
Commissioners issued a Special Use Permit on May 24, 2018. The site plan approved
as part of this Special Use Permit showed the southern portion of the Tucker Trace
Farms, LLC property (immediately south of the designated landfill area) as unused.

Per the Forsyth County Attorney’s Office, underlying zoning of the subject property
governs the property in the event it is not developed according to the Special Use
Permit plan, as well as in areas shown as undeveloped on the Special Use Permit
plan. Thus, the aforementioned southern portion of the property is regulated by the
provisions of the underlying Agricultural (AG) zoning district.

As this portion of the property is proposed to be utilized for purposes deemed
accessory to the agricultural uses on adjacent property under the same ownership –
uses that are allowed in the AG zoning district – please accept this letter as
verification that the proposed activities are not in violation of local zoning
regulations. They are allowed under the provisions regulating land use activities in
the AG zoning district.

If you have any questions, I can be reached at [phone] or by e-mail at
[e-mail].

Sincerely,

Desmond Corley, AICP, CZO
Land Use Coordinator
Winston-Salem/Forsyth County Planning and Development Services
From:Desmond Corley
To:Chao, Ming-tai; [e-mail]; [e-mail]
Cc:Rich Glover; Stanley, Sherri; Heim, Susan A; Rice, Sarah M
Subject:RE: [External] Re: Proposed 6.5-acre Union Cross Land Develo
Date:Monday, April 06, 2020 4:15:55 PM
Attachments:image001.pngBoyles Letter.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]
Good afternoon,

Please accept the attached letter as verification from Winston-Salem/Forsyth County Planning and
Development Services that the proposed activities are not in violation of local zoning controls and do
not require modification to the approved Special Use Permit approved in 2018.

Desmond Corley, AICP, CZO
Land Use Coordinator
Winston-Salem/Forsyth County Planning and Development Services
p: 336.747.7065 Ι e: [e-mail]

From: Chao, Ming-tai <[e-mail]>
Sent: Monday, April 6, 2020 3:59 PM
To: [e-mail]; [e-mail]; Desmond Corley <[e-mail]>
Cc: Rich Glover <[e-mail]>; Stanley, Sherri
<[e-mail]>; Heim, Susan A <[e-mail]>; Rice, Sarah M
<[e-mail]>
Subject: RE: [External] Re: Proposed 6.5-acre Union Cross Land Develo

Dear Mr. Boyles: If you decide to incorporate the non-disposal units – wastes (inert debris & yard waste)treatment and process unit and compost unit into the final permit application, you have torevise the permit application accordingly. Specifically, the compost operations. You need tosubmit the revised operations plan according to Section Rule 1400 (1401 through 1410) -http://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20-%20Environmental%20Quality\Chapter%2013%20-%20Solid%20Waste%20Management[nam03.safelinks.protection.outlook.com] and a site plan drawing to show the compost area(in acreage). The large type 1 compost operation, encompassing an operations area (including thewaste/product stockpiles & T&P area) of two or more acres in size or have more than 6,000cubic yards material (raw material & products) onsite at any given time, has a permit cycle of10 years; but the LCIDLF (including T&P unit & small type 1 compost unit) has a five-yearpermit cycle. If you plan to operate a large type 1 compost unit please also provide thefacility name for the compost unit in addition to the operation plan, which will beincorporated into the permit.
In the meantime, please complete the Compliance History Review (CHR) application. The lastcommunication/discussion on this matter was 02/03/2020. Please complete the CHR review
processes and obtain an approval which will dictate the final approval of the permit issuance.
I will stop reviewing processes of the LCIDLF permit application and wait on your finalrevised submittal. If you have any question please contact me.

From: Tanner Boyles <[e-mail]>
Sent: Monday, April 06, 2020 3:30 PM
To: [e-mail]; Desmond Corley <[e-mail]>
Cc: Chao, Ming-tai <[e-mail]>; Rich Glover <[e-mail]>;
Stanley, Sherri <[e-mail]>; Heim, Susan A <[e-mail]>
Subject: Re: [External] Re: Proposed 6.5-acre Union Cross Land Develo

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]

In response to Desmond's email, I was also under the same impression.Also I'm in agreement with
what Brad has stated on my behalf.
Ming, please wait until you have received a letter from Mr. Corley to proceed with the review on
that subject.
Thank you all for the quick response
Sent from Yahoo Mail on Android [go.onelink.me] [nam03.safelinks.protection.outlook.com]

On Mon, Apr 6, 2020 at 3:20 PM, David Coe<[e-mail]> wrote:
I am going to speak for Tanner since he has not yet replied.

I believe he thought that might be asking too much of you, and/or would possibly create delays
due to your availability to work during this Covid crisis. If you are already working on such, that
may well be his preference. I will text him immediately and ask him to check his email….

Brad Coe

On Apr 6, 2020, at 3:16 PM, Desmond Corley <[e-mail]> wrote:

Good afternoon,

Forgive me if my thinking is wrong, but I was under the impression that all NCDEQ
needed from us was a formal letter indicating that the proposed activities are not in
violation of local zoning regulations – rather, that they do, in fact, meet the local
zoning requirements. With that understanding, I began preparing a letter to that
effect. Is this not the case?

Desmond Corley, AICP, CZOLand Use Coordinator
Winston-Salem/Forsyth County Planning and Development Services

100 E First Street, Suite 201
Winston-Salem, NC 27101
p: 336.747.7065 Ι e: [e-mail]

<image002.jpg>

From: Chao, Ming-tai <[e-mail]>
Sent: Monday, April 6, 2020 1:59 PM
To: Tanner Boyles <[e-mail]>
Cc: Desmond Corley <[e-mail]>; David Coe <[e-mail]>;
Rich Glover <[e-mail]>; Stanley, Sherri
<[e-mail]>; Heim, Susan A <[e-mail]>
Subject: RE: [External] Re: Proposed 6.5-acre Union Cross Land Development LCID

Dear Mr. Boyles:
Based on your latest decision, the Solid Waste Section (SWS) will re-activatethe reviewing processes and only consider the permit application applicable
for a permitted LCID landfill encompassing a waste footprint of 6.5 acres atthis time. The proposed compost unit and treatment and process (T&P) unit
will be excluded from the existing application. As mentioned in the early e-mail correspondence (see attachment), you can always apply for the compost
and T&P units in the future after you obtain an written zoning approval fromthe local government.
Regards,

<image005.png>

From: Tanner Boyles <[e-mail]>
Sent: Monday, April 06, 2020 1:15 PM
To: Chao, Ming-tai <[e-mail]>
Cc: Desmond Corley <[e-mail]>; David Coe <[e-mail]>;
Rich Glover <[e-mail]>
Subject: [External] Re: Proposed 6.5-acre Union Cross Land Development LCID

CAUTION: External email. Do not click links or open attachments unless you verify. Send all
suspicious email as an attachment to [e-mail]

Good Day Mr. Chao, after meeting with Mr. Corley and giving an explanation of
what our end use for the compost was going to be he and other staff replied with
the answer that I had forwarded to you. If this is not sufficient enough for you then
please proceed without the amendment of the site plan, I will submit to the county
at a later date to make sure that we are in compliance for compost facility. Let me
know as soon as possible if iI need to get the plans that you currently have changed
to reflect such.
I am running out of room on the initial 2 acre and I have been patient with everyone
and not pushed at all on getting the expansion until now, maybe I should have done
that earlier. I can change my signage and apply for another S.U.P. form the county
and then go back and forth and do all the paperwork if necessary, since the elected
body are not taking any new meetings right now due to the virus, If I would have
known at our initial application I most certainly would have added it in there, Now it
seems I will need to get a new permit when the one already attained has not
expired yet. Not to mention going back and forth to the engineers office to re draw
plans to present to county and NCDEQ.
We are a very, very small company where I am the facility operator, equipment
operator, accountant,secretary, grounds maintenance, and several other titles. It
can be very stressful at times, most certainly right now at this very moment and this
email is reflective of that. The time that it takes to operate a facility and keep up
with the paperwork is very time consuming. Most of the people that are involved in
the submittal to you (including myself) are extremely busy and would like to get this
completed as fast and simple as possible to not add to their workload. I have had
successful work relationships with those folks because they are good at what they
do,and I want to continue that.
I truly appreciate the help from everyone involved and all that they do, I would like
to get this done as quick as possible so that we can stay open to serve the residents,
businesses and government divisions the County of Forsyth and municipalities like
City of WS and Town of Kernersville.
Thank you all
Tanner Boyles
On Friday, April 3, 2020, 10:38:35 AM EDT, Chao, Ming-tai
<[e-mail]> wrote:

Dear Mr. Coley:

I am the Solid Waste Section permitting engineer assigned to review the
permit application for the proposed Union Cross Land Development LCID(land clearing and inert debris) Landfill. The facility, identified as N01110
in our records, is currently operating under a notification site status, whichencompasses a disposal area less than 2 acres in size, as required by 15A
NCAC .0563(2). The Union Cross Land Development Notified LCIDLandfill is located at 7301 Watkins Ford Road, Kernersville, Forsyth
County, and was approved for operation by the Solid Waste Section as anotified site effective June 11, 2019.

The permit application currently under review by the Section is for the
expansion of the existing 2-acre notified LCID landfill to a fully permittedLCID landfill of 6.5 acres, with the addition of two waste management units
that involve treatment and processing of waste rather than landfill disposal.These additional waste management units are: a Type 1 Compost facility;
and, a Treatment and Processing facility for wood waste and inert debris.Waste streams to be accepted at the facility will include land clearing debris,
yard waste, stumps, limbs and leaves, unpainted and uncoated curedconcrete, concrete block, brick and gravel. These composting and
treatment/processing operations are not associated with farming oragriculture.

The existing Special Use Permit (Zoning Docket No F1575), issued by
Forsyth County, covers the operation of an LCID landfill of a size up to 6.5acres. However, the Type 1 Compost facility and Treatment and Processing
facility are not included in the Special Use Permit. 15A NCAC 13B.0301(2) and 15A NCAC 13B .1402(g)(1)(A)(vi) require “An approval
letter from the unit of local government having zoning authority over thearea where the facility is to be located, stating that the proposed facility
meets all of the requirements of the local zoning ordinance, or that the site isnot zoned.”

Please provide a formal approval letter in an electronic copy (pdf format)
from Winston-Salem/Forsyth County stating that the Type 1 Compostfacility and Treatment and Processing facility meet all local zoning and land
development ordinances, and delineating any conditions or requirementsimposed on these operations by the local ordinances.

Regarding,

<image006.png>

From: Tanner Boyles <[e-mail]> Sent: Thursday, April 02, 2020 7:07 PMTo: Chao, Ming-tai <[e-mail]>Subject: [External] Re: Tucker LCID

CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to [e-mail]

Good evening, I hope you are doing well.
Im sending this email in regards to our LCID permit application.
I'm just making sure that you got my last email that I forwarded from Desmond
Corley. Please let me know what I need to do if anything at this point. I want you to
know that I'm not in any means rushing, but I do want to stay on top of things as
much as possible, and make sure that i don't overlook anything.
Best Regards,
Tanner Boyles
On Monday, March 23, 2020, 04:40:23 PM EDT, Tanner Boyles
<[e-mail]> wrote:

Ming, as luck would have it the county replied to us after sending you and email
this morning. Please Look at the response from Desmond Corley, and if he would
need to send this statement directly to you at NCDEQ in letter form I can request
that from him. If this is sufficient I will have the engineer draw designated compost
area and storage and re submit the plan.

Thank you
Tanner
Sent from Yahoo Mail on Android [go.onelink.me]
[nam03.safelinks.protection.outlook.com]

----- Forwarded Message -----
From: "David Coe" <[e-mail]>
To: "Desmond Corley" <[e-mail]>
Cc: "[e-mail]" <[e-mail]>
Sent: Mon, Mar 23, 2020 at 4:33 PMSubject: Re: Tucker LCIDThank you Desmond. I appreciate your efforts, as well as those of Chris,Aaron, and the folks in legal to get Tanner an answer. Brad

On Mar 23, 2020, at 3:31 PM, Desmond Corley
<[e-mail]> wrote:
Brad,
We were able to ascertain from the attorneys that
underlying zoning dictates what can happen on aproperty in the event a Special Use Permit site plan
does not designate a particular use for portions of aproperty. In this case, because the leaf composting can
be associated with farming activities, it would beconsidered accessory to those agricultural uses.
Desmond Corley, AICP, CZO
Land Use CoordinatorWinston-Salem/Forsyth County Planning and
Development Servicesp: 336.747.7065 Ι e: [e-mail]

From: Desmond Corley
Sent: Tuesday, March 10, 2020 11:42 AMTo: [e-mail]
Cc: [e-mail]; Chris Murphy
<[e-mail]>
Subject: Tucker LCID

Brad,

An update on where we are with our LCID questions:
The UDO and County Ordinance don’t authorize us to
approve any site plan changes to Special Use Permits
at the administrative level, but we’re working on a way to
make this work without going back to the elected body.
As part of that work, we’re getting feedback from the
County Attorney’s office and having discussions with
them regarding our overall limitations with Special Use
Permits approved by the Board of Commissioners. We’ll
be in touch once we have a solid answer on what you
need to do.

Please feel free to reach out with any questions in the
meantime.

Desmond Corley, AICP, CZO
Land Use Coordinator
Winston-Salem/Forsyth County Planning and Development
Services

100 E First Street, Suite 201
Winston-Salem, NC 27101
p: 336.747.7065 Ι
e: [e-mail]

<image001.jpg>