4703-LCID-2020_NOV_20210706

July 6, 2021

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7020 0090 0001 7206 9719

JOHN A. LINDSAY AND WIFE HEIDI B. LINDSAY
401 SAND COMPANY, L.L.C.
3029 Fayetteville Rd, Raeford, NC 28376

SUBJECT: Notice of Violation Compliance Inspection Report
401 Sand LCID Landfill
4703-LCID-2020
Hoke County

Dear Mr. Lindsay:
On June 14, 2021, Andrew Hammonds and David Powell, 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. Duncan Parker and Josh Byrd were present and represented 401
Sand Landfill L.L.C. during this inspection. The following violation(s) were noted:

A. 15A NCAC 13B .0201 (a) No person shall treat, process, store, or dispose of solid waste or
arrange for the treatment, processing, storage, or disposal of solid waste except at a solid waste
management facility permitted by the Division for such activity, except as provided in G.S. 130A- 294(b).

B. 15A NCAC 13B .0201 (b) No person shall cause, suffer, allow, or permit the treatment, storage, processing, or disposal of solid waste upon any real or personal property owned, operated, leased, or in
any way controlled by that person without obtaining a permit for a solid waste management facility from
the Division authorizing such activity, except as provided in G.S. 130A-294(b).
C. 15A NCAC 13B .0201 (c) No solid waste management facility shall be established, operated, maintained,
constructed, expanded, or modified without a valid permit issued by the Division for the specified type of activity. It is the responsibility of every owner or operator of a proposed solid waste management
facility to apply for a permit for the facility. The term "owner" shall include record owners of the land
where the facility is located or proposed to be located and holders of any leasehold interest, however denominated, in any part of the land or structures where the facility is located or proposed to be located.

D. Permit Attachment 2, Part V, (5) – (g.) Prior to operating the landfill, a site inspection and pre-operative meeting should be conducted by a representative of the Section. The permittee must notify the Section’s
Senior Environmental Specialist and make arrangements for the site inspection and pre-operative
meeting. (h.) After completion of the requirements in subparagraphs a. through g. above, the Section Senior Environmental Specialist will notify the Permitting Branch Supervisor by letter or email that the
pre-operative requirements have been met and that the unit(s) may commence receiving waste. The
permittee will be copied on the notification and may begin receiving waste at that time.

Mr. JOHN A. LINDSAY AND HEIDI B. LINDSAY 401 SAND COMPANY, L.L.C.
Notice of Violation
Page 2 of 2
July 6, 2021

Upon inspection on 6/14/2021, which was the preoperational inspection of the permitted LCIDLF, it was discovered that operations had already begun. Landfill owner and staff had been informed during
recent inspections not to operate until all required documents had been received for the permit to be
finalized and all remaining issues addressed at the site. Inspection, dated 4/13/2021, stated, “Operator should repair and develop all aspects of the facility according to approved plans, have
approved mining permit in hand, and made any adjustments to these documents that are needed
before requesting a Pre Operation Inspection from the Section. Facility cannot accept waste until these steps have been completed and a Pre Operation Inspection is completed by Section staff
confirming. Communicate with Section staff, when ready, for a final check or Pre Operational
Inspection.”

Based upon the foregoing, Mr. Lindsay shall come into compliance within 30 days of receipt of this Notice with all requirements of the regulations in 15A NCAC 13B .0201 (a), (b), (c) and Permit Attachment 2, Part V, (5) – (g)
by completing the following at the 401 Sand LCID Landfill.
The violation(s) listed above were observed by Section staff and require action on behalf of the facility 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 a follow-up
inspection to verify that the operator has completed the requirements of this Notice of Violation.

If you have any questions, please contact me at (910) 433 - 3350 or e-mail [e-mail].

Sincerely,

David Powell
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section

copies: Jason Watkins, Field Operations Branch Head – Solid Waste Section Andrew Hammonds, Eastern District Supervisor - Solid Waste Section
Chris Hollinger, Compliance Officer – Solid Waste Section Ming Chao, Permit Engineer – Solid Waste Section