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4 <br />selecting a site for -a future landfill. Property owners can receive <br />compensation for damages that occur as a result of required testing.. At the <br />May 19, 1992. Board of County Commissioners meeting, the Board deferred a <br />decision on exercising that statutory authority pending a detailed report on <br />the landfill site search process. The staff of the Landfill Owners' Group <br />and Joyce Engineering presented that report to the Board of Commissioners at <br />its most recent meeting on June 29,.1992. The resolution authorizes the <br />County Manager to sign the interlocal agreement as presented in the agenda <br />allowing the Town of Chapel Hill to carry out this activity on behalf of all <br />three jurisdictions. <br />John Link stated that he has requested that the Health Department <br />staff be on location at the time the boring holes are filled to affirm that <br />they are filled appropriately so that there will not be any damage to the <br />property at a future date. The test pits would require a 25 foot setback <br />from the leach .lines for future development. <br />CITIZEN COMMENTS <br />Vic Knight expressed concern about what the testing may do to the Fox <br />Hill Farm. He distributed additional information to the Board members. He <br />explained that he is trying to determine the impact on what they may want to <br />do with the development of Fox Hill Farm. He referred to a letter from Bob <br />Cheek, head of the groundwater section for NCDEM, which outlined the <br />necessary process for anyone going on site to do any exploration for a future. <br />landfill. The test borings fit the definition of a well. He referred to a <br />letter dated July 7 to Gayle Wilson from Mark Taylor of Joyce Engineering <br />which indicated that they had contacted the Orange County Environmental <br />Health Department about the setback requirement and the potential effect and <br />site disturbance on the future septic systems. This letter indicated that <br />setback requirements apply only to water wells and not to monitoring wells <br />and definitely not to soil test borings. This was confirmed with Bob Cheek. <br />Vic Knight noted that he has had conversations with Tony Laws and Bob Cheek <br />who both stated that the setback requirements do apply if the engineers don't <br />abandon it and abandon it properly. Knight's concern is that these people <br />will go on the site, do some intrusive activity that will permanently affect <br />the site which will remain even if the site is not chosen. No where does it <br />say that these borings will be abandoned properly. <br />John Link noted that the governing jurisdictions can instruct the <br />Environmental Health staff to confirm when each soil. boring has been <br />abandoned appropriately. They will be at every single boring and also when <br />they fill the hole to be sure it is done correctly. Mark Taylor stated in <br />the letter that "with the test site density proposed, roughly one test site <br />per 100 acres, Tony Laws saw no reason not to proceed with the planned <br />activities. In fact, he was quite comfortable with Joyce's plans for <br />backfilling and site restoration." Vic Knight stated that neither Tony Laws <br />or Bob Cheek have ever talked with Joyce Engineering. He feels this is <br />deceptive. Knight continued stating that the current state regulations <br />strictly applied do require that bore holes be grated or abandoned by some <br />other means through variance. According to the state regulations, there is <br />no such thing as a variance as to whether they abandon it or not. The <br />proposed rules referred to on the second page of this memo to Gayle Wilson <br />are only proposed and have not been submitted to DEM for their review. He <br />feels it disturbing to make statements that are not substantiated. They talk <br />