CHARLOTTE, N.C. — A group of Oakdale community residents are expressing concerns about a proposed landfill project aimed at creating a new throwaway zone for land debris.
What You Need To Know
People living in the Oakdale neighborhood are fighting a proposed LCID landfill
LCID stands for land clearing and inert debris, which is for things like tree stumps, soil and rock, not trash
The landfill would sit on property owned by the Sanders family, who own Sanders Utility Construction and live in the neighborhood
Neighbors gathered at a public forum held at the tail end of last year where they voiced their grievances and worries about adding the landfill. Those included concerns, such as possible well water contamination, heavy access road traffic, illegal dumping and more.
Who is building it?
A company called Dew Green LCID LLC is listed on the permit application for what’s called an LCID landfill in Oakdale. LCID stands for land clearing and inert debris, and the proposed waste site would only be intended for dumping organic items, like tree stumps, soil and rock.
Stephen Sanders is listed as a managing member of Dew Green, and the landfill would sit on the property owned by the Sanders family, who also call Oakdale home.
Spectrum News 1 reached out to Stephen Sanders of Sanders Utility and reached out to Will Leonhardt, who is listed on the Dew Green permit application for the landfill. Spectrum News 1 also called the number listed for Dew Green in documents submitted to the state, but have not heard back.
Less than a mile away from Pleasant Oaks Circle, off Kelly Road, sits a now-closed LCID landfill. According to county documents, the permit for this landfill was issued in 1988, but it was only recently closed. Documents cite staffing shortages as a reason, along with the death of the original owner.
With this one recently shutting down, neighbors don’t want another one.
Neighbors have concerns
James Bailey used to live right in front of the old landfill. His family lived in Oakdale for generations before moving away.
Although, the old landfill was also an LCID space, which is only meant to take in land clearing debris, he says he witnessed other things illegally dumped.
"Then you have shingles coming in, demolition stuff,” he said. "How I know that? I seen that every day, I walk down to the landfill,” he added.
Old inspection reports, dating back to the '90s from the North Carolina Department of Environment and Natural Resources, confirm what Bailey says he saw, with one evaluator noting: “Unacceptable waste continues to be a problem at this landfill.”
The evaluator cited finding metal, plastic, roofing shingles and more.
“If you knew 100% that it was all tree stumps, that’s one thing,” said neighbor Lisa Rollins. "But what about those stumps that happen to have gas poured around them for years. That’s going to affect our water because we all have wells."
According to Mecklenburg County’s Well Information map, there around two dozen wells near Pleasant Oaks Circle and more in surrounding neighborhoods.
Rollins, who grew up in Oakdale, also says she remembers the noise from the last landfill.
“It was so noisy and that’s, what? a mile from here,” Rollins said. "So, if this is behind the houses now, it’s going to be a nightmare."
This is what neighbors in Oakdale are afraid of if another landfill comes into the neighborhood.
The Mecklenburg County Solid Waste Department says they inspect all solid waste permit holders in the county, including landfills. They told Spectrum News 1 they inspect on a random basis, at least twice per year. If they find a problem, they may inspect daily, weekly, or monthly until they are satisfied with the situation.
"It’s gut-wrenching to imagine that our neighbors would take an action that would benefit them at our expense,” said Nathanial Tew, who lives in Oakdale. Tew bought his home off of Pleasant Oaks Circle 15 years ago.
During a public forum in December, the engineer on the project said it would not be used for garbage bags or construction debris.
Tew and his neighbors also had concerns about this.
The Sanders also own Sanders Utility Construction.
During the public forum back in December, Stephen Sanders said the construction company would not be servicing the landfill. In a recorded video of that meeting from Tew, neighbors can be heard asking if the company could still use the landfill.
“I’m not saying that Sanders Utility will not use it,” Sanders said in response.
Charlotte Councilmember James Mitchell, who has been working with neighbors to stop the landfill project, says if the company did use the landfill, it could pose a conflict.
That’s because Mitchell says Sanders Utility has had contracts with the city.
“Now, we have given them a way to present bids to us at a cheaper price,” said Mitchell. “And under the city guidelines, you must award the contract to the lowest responsible bidder. So it does give them a huge advantage, so now instead of taking the landfill dirt to Midland, North Carolina or to Denver, North Carolina, they’re gonna be able to take their dirt right here in Charlotte, which will reduce their gasoline cost, will make their bids even lower.”
Mitchell says there isn’t much city council can do, as this decision isn’t up to them.
He says zoning laws from the 1950s allow for LCID landfills in R-3 zoning, which is a residential zoning district where the Oakdale community sits. Instead, he says the city’s planning department goes through a checklist and makes a recommendation to the state. The North Carolina Department of Environmental Quality has the final say.
Last August, the Charlotte City Council adopted the Unified Development Ordinance, which consolidates regulations into a single document, and it becomes effective June 1 this year.
While it updates things like parking, transportation and more, it did not update the zoning law that allows for LCID landfills in residential areas. Mitchell says he’s now working to change that for the future, and online, there is a proposed amendment to fix this.
“We are pleading with them to be human with us and understand how this could impact our day-to-day lives, and it’s been a struggle, for sure,” said Caitlin Campbell, another neighbor.
There are wetlands that sit behind Tew’s home, where he says a proposed access road would potentially go.
During the public forum, the engineer said they ran through a six-month groundwater level study, and they plan to dig within 4 feet of the groundwater table. He added they’ll adhere to regulations set by the North Carolina Department of Environmental Quality.
This is something neighbors also had questions about. Someone also questioned whether a landfill liner would be added for more protection, but an engineer responded that there isn’t a requirement for that. Neighbors at the public forum additionally expressed worries over bodies of water nearby potentially being impacted.
“All of this water that is on this land runs into Gutter Branch Creek, which feeds Long Creek, which goes directly into Mountain Island Lake,” Tew said.
Along with the water, they’re concerned with the air and the impact on the land.
Tew’s 12-year-old daughter, Evelyn, drew a picture of their backyard, saying she’s afraid it will be destroyed.
“Wanted to show meaning and how this would be destroyed if we got a landfill, and we wouldn’t be able to put it back,” Evelyn Tew said.
Her 10-year-old sister, Penelope, added they spend a lot of time in the backyard.
“And we stay out late at night, but then if the landfill happens, we couldn’t do that anymore,” Penelope Tew said.
Campbell adds, they’re worried about the values of their homes decreasing.
“And you know the impact from a financial standpoint that a landfill could have on our property could be devastating,” Campbell said.
Another concern for neighbors is how they found out about the proposed landfill. As a part of the permit process, the city requires a public forum. Campbell, and her husband Dan who recently bought what they say is their forever home in Oakdale, say they didn’t receive proper notice of the public forum.
“Caitie saw the sign right up on the corner property, very small print, maybe an inch tall that was a notification for a meeting at the library, it said LCID landfill on it,” Dan Campbell said. "We went up there and there were five people in the room, three of them worked for the developer.”
After neighbors expressed their concerns, another public forum was held in which many more people showed up.
Potential Historic Home
Among other concerns for neighbors is a 19th century home they say holds history in the area.
Developers said during the December public forum they planned to move the home along Pleasant Grove Road.
On Monday, March 13, the Charlotte Mecklenburg Historic Landmarks Commission voted to begin the process of historic designation.
Stewart Gray, the historic resources program manager with the commission, says the vote kicked off a process, but it does not officially designate the house just yet.
Gray says they’ll hire a consultant to come in and create a report, digging into the history.
Some of the history they’re looking to confirm is whether this home was used as a post office in the area.
So far, Gray says the house makes a good candidate for designation.
“Its form is a I-house, which is a pretty significant and kind of defining architecture feature of 19th century domestic architecture in Mecklenburg County, so for all of those reasons, it seems like a good candidate for landmark designation,” he said.
Once that report is complete, the landmarks commission will review it.
It will also go through the State Historic Preservation Office.
If the commission decides to recommend it for historic designation, they’ll bring that recommendation to Charlotte City Council.
If recommended and approved, any changes to the property would have to go through the landmarks commission.
However, Gray says the report could take six months.
While neighbors wait to see what happens, they’re hopeful the house will be saved before it could possibly be moved.
"It is getting the attention it deserves and that it is also helping our cause to at least bring more attention to what’s going on and to slow down the process, we all think it’s great news,” said Nathaniel Tew, an Oakdale resident.
An ongoing struggle
Mitchell says he’s working with state leaders to prevent this landfill from happening, but that’s not before he and neighbors asked for concessions to those developing the landfill.
They offered things such as adding a buffer between homes and the road, adjusting operation hours and more.
Mitchell says all were denied.
“All of them were met with a 'no,' which was very disappointing to the neighborhood leaders,” Mitchell said. “And very disappointing to me and the city because we thought some of those concessions were doable."
“I think they made their intentions very clear,” Mitchell added. “They want to develop the landfill that they own at this site and they will continue to submit their application. I think with the elected officials from the county, from the city, from the state, we are going to do our best to do what’s best for the neighborhood and make sure that this is not approved."
Spectrum News 1 reached out to the engineering firm working on the landfill also, but did not hear back in time for this report.