MO-9396_40842_G_C_20180921_Emails with Property Owner

Beverly, Trudy
From: Jeff Fagan <[e-mail]>
Sent: Wednesday, October 3, 2018 11:50 AM
To: Beverly, Trudy
Cc: Taraban, Ron; Morris, Brett L.
Subject: RE: RE: RE: [External] Re: Home Heating Oil Tanks — 1012 Dud
External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
Ok.
Jeff
Sent from Yahoo Mail on Android
On Wed, Oct 3, 2018 at 9:58 AM, Beverly, Trudy
<[e-mail]> wrote:
Let me know if any additional release occurs and I will contact if a site visit is needed.
Trudy
From: Jeff Fagan [mailto:[e-mail]]
Sent: Wednesday, October 3, 2018 9:54 AM
To: Beverly, Trudy <[e-mail]>
Cc: Taraban, Ron <[e-mail]>; Morris, Brett L. <[e-mail]>
Subject: RE: RE: RE: [External] Re: Home Heating Oil Tanks — 1012 Dud
IAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
Hi Trudy,
Understood. I will keep an eye on the area going forward.
Please let me know if a site visit is scheduled at a later date.
i

Thank you,
Jeff
Sent from Yahoo Mail on Android
On Wed, Oct 3, 2018 at 7:37 AM, Beverly, Trudy
<trudy.beverlykncdenr.gov> wrote:
Good Morning Jeff,
We do not have a vehicle available at this time for a site visit. Keep a watch on the area of the release. As we
discussed by phone on September 20'h, if the heating oil tank still has product in it, more rain could cause additional
petroleum to release at the site. If product presents a vapor intrusion risk to the home, runs off onto a neighboring
property, affects a nearby water supply well, or surface waters you will be required to take immediate cleanup actions.
This property has been added to the Underground Storage Tank Incidents database as an unknown risk
contaminated site. Please note that before you sell, transfer, or request a "No Further Action" determination for a property
that has not been remediated to below "unrestricted use" standards, you must file a Notice of Residual Petroleum
("Notice") with the Register of Deeds in the county where the property is located (NCGS 143B-279.9 and 14313-279.11).
Incident Name: Fagan Property
UST Number: MO-9396
Incident Number: 40842
Trudy
Trudy- B everly,L.G.
AT}1*09eobff,A Diva lon of Tvmfe
Underground Storage Tanks Section
CoffecEve IctimBfmch
Maoren-Me Regional Office
(704) 23 ]-21 K (Office)
Trud�-.13 �-eri�n�denr.go�
DEE Q2
prpren KVJ �ei in.�rn��d�i�F ��,��

Heating Oil — additional cleanup under deck
Ip"
Under deck by back door. No oil smell present.

Under deck by stairs - cinderblock

Removed lattice by stairs. Bottom of boards that were contacting ground had oil smell.

Removed cinderblocks under deck by stairs that had some oil smell. Removed additional bricks lining
pea gravel walk that had some oil smell.

Y
r
Removed an additional section of the path and bricks and put down 4 new bags of pea gravel. Color is
different than the pea gravel we replaced previously because I got these from Lowe's and previous
purchases were from Home Depot. I didn't realize the color was different until I put it down.

Erna# mmporderce to aw fr+0,rr'r Mrs eddre' 5 os Subj*Ct to the
Nodh rod+r�a Fbbko Records Law and may be dwk)sed to thrrdparties.
From: Jeff Fagan [mailto Jefffagan(&yahoo.com]
Sent: Tuesday, October 2, 2018 10:15 AM
To: Beverly, Trudy <trudy.beverlykncdenr.gov>
Cc: Taraban, Ron <[e-mail]>; Morris, Brett L. <Brett.Morriskmecklenbur cg oun , nc.gov>
Subject: Re: RE: RE: [External] Re: Home Heating Oil Tanks — 1012 Dudley Drive, Charlotte NC 28205
„TION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
Trudy,
Here are the pies from the additional cleanup that I described below.
Please let me know when someone is going to go over there so I can meet them. I am available all day tomorrow.
Thank you,
Jeff
On Monday, October 1, 2018, 10:40:39 AM EDT, Beverly, Trudy <trudy.beverly_C&ncdenr.gov> wrote:
Jeff,
Thank you for the additional information.
Trudy

From: Jeff Fagan [mailto Jefffagankyahoo.com]
Sent: Monday, October 1, 2018 10:30 AM
To: Beverly, Trudy <trudy.beverlykncdenr.gov>
Cc: Taraban, Ron <ron.taraban@ cdenr.gov>
Subject: Re: RE: [External] Re: Home Heating Oil Tanks — 1012 Dudley Drive, Charlotte NC 28205
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
Hi Trudy,
FYI. I have been speaking with Ron in your absence. I am copying him on this email.
To answer your question ... yes, I went back on Tuesday of last week. I didn't notice any smell in the areas which we previously
addressed but I did notice a faint smell by the back door/deck stairs area. Therefore, I removed the lattice and crawled under the
deck. Interestingly, there was no smell anywhere under the deck in that area where the tenant said they smelled it.
I raked up and removed all the leaves, sticks, etc. under the entire deck.
I then removed the lattice on the other side of the deck (where we saw the oil). The bottom boards of the lattice smelled of oil, so I
tore them out. The top of the ground over there had leaves that were dry and had no smell. When I removed them I found a bunch of
concrete cinderblocks lining the outside edge of the deck. It appears that some oil ran along the outside edge of the deck. I think the
cinderblocks were put there to prevent erosion and kept the oil from going under the deck. Besides, the ground under the deck is
higher than where we saw oil so I doubt it ran uphill. Anyway, I ended up removing 13 cinderblocks and 4 bricks. I also dug up
another section of the pea gravel trail that had some smell and put down 4 more bags of new pea gravel.
That was all on Tuesday.
On Wednesday, I went back over there to clean the gutters before the rain. The entire time I was there I didn't smell oil at all. I think
the lattice, cinderblocks, bricks and additional soil I removed made a big difference. I think maybe air was flowing under the deck and
had been blowing some smells from one side of the deck (the area where I removed the lattice, etc) to the other side of the deck where
the tenant was smelling oil.
I have pictures of what I describe above. I am out of town and will send them later.

I am tentatively meeting Ron tomorrow morning at the property. I am waiting to hear back with his schedule. I am available until
noon.
We will determine what else needs to be done when I meet with him.
Thank you,
Jeff
On Monday, October 1, 2018, 7:26:59 AM EDT, Beverly, Trudy <[e-mail]> wrote:
Jeff,
Thank you for sending in the information and pictures. I did not see documentation for soil removals under the
deck. Were you able to address that area?
Trudy
Trud�-B e�-er1�-.L.O.
A}&Ogeolog.:aL DnasionOf Tvmfe mozgaenw'm
NorthCarohmD rtmentofEn,,ironmmt Quality
Underground StoraEe Tanks Secti-m
Coffmtwn Adt0fiBfIfich
yore!;VMe Regonal Office
(70-4) 23 3-2152 (Office)
Ttud�-.13 �-�i�n�denr. goy-
CKy�eee.tnl 61 fomewmwiu?$uIiy
Erna# to Old tMM 1hr> adIMSS 6 SwbjCCI to Iha
Nodh arolrr-a c Records Law and rrev be dwksed to Vx(dpadje .
Branch's Underground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hgps:Hdeq.nc.gov/about/divisions/waste-
management/ust/ast-pro gram

INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https:Hdeq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana e� ig s=maps
File Review Procedures:
https:Hdeq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://edocs.deq.nc. gov/WasteManagement/Search. aspx
Document Submittal & UST File Names for Laserfiche Policies:
https:Hfiles.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmi
ttal%20Memo%2OUpdate.pdf
https:Hfiles.nc.lzovincdeglWaste%20ManagementIDWMIUST/Corrective%2OAction/UST%2Ofile%20names%20for%20
Laserfiche.docx
From: Jeff Fagan [mailto Jefffagan(&yahoo.com]
Sent: Monday, September 24, 2018 8:24 AM
To: Beverly, Trudy <trudy.beverly(a,ncdenr.gov>
Subject: [External] Re: Home Heating Oil Tanks — 1012 Dudley Drive, Charlotte NC 28205
CAUTION: External email. Do nnt n1jok finkq nr nnfnn nttninh nless verified. Send all susp
Report Spam.
Trudy,
Thank you for speaking with me last week about the residential home heating oil issue at my rental property.
Asper our conversation, since none of the conditions exist which would require 'professional remediation" (i.e. no health safety
issues - no oil in or under the house, no oil penetrating the house's vapor barrier, no wells within 150' (neighborhood is on city water)
and no release into bodies of water like streams/rivers/ponds/lakes), we have decided NOT to have it professionally remediated at this
time. We understand that when we sell, we will either remediate it then or disclose the release to the buyer.
That said, we did perform some of your suggestions to help improve the property.

- We raked up and removed all the loose debris (e.g. leaves, gumballs, sticks)
- We removed the mulch from the flower beds
- We removed the landscaping timbers that were lining the gravel walk
- We removed the bricks that were also lining the walk and had been in contact with oily water
- We removed the top inch or so of soil from in front of the stairs and the flower beds
- We removed pea gravel from the areas that we touched oily water
- We put down fresh topsoil, new mulch and new pea gravel.
- We replaced the landscaping timbers with brand new ones
- We put fresh top soil on the grass that was affected (and more). We didn't dig up the grass because some was still
alive. Therefore, we raked new soil on top.
Attached for documentation are some before and after pictures (see attached PDF).
- Supplies -Trip 1 ... we used 18 bags of top soil,10 bags of pea gravel, 9 bags of mulch and 2 landscaping timbers.
- StairsAndFlowerBed-BeforeRaking
- StairsAndFlowerBed-AfterRaking
- StairsAndFlowerBed-AfterSoilRemoval-I
- StairsAndFlowerBed-AfterSoilRemoval-2
- StairsAndFlowerBed-AfterMulchAndGravel
- FlowerBed-BeforeCleanup-1
- FlowerBed-BeforeCleanup-2
- FlowerBed-AfterSoilRemoval-1
- FlowerBed-AfterSoilRemoval-2
- FlowerBed-AfterSoilRemoval-3
- FlowerBed-AfterMulchAndGravel-1

StairsAndFIowe rBed- Before Raking
Stair area before cleanup.

s _
F
r.
-27
A:

d9
StairsAndFlowerBed-AfterSoilRemoval-1
Stair area after removing the top inch or so of soil down to clay. Also removed the contaminated pea
gravel.

StairsAndFIowe rBed-AfterSoiIRemova1-2
Another pic of the stair area after removing the top inch or so of soil down to clay.
G

►��►�� ` ri
y� !:
StairsAndFlowerbed-AfterMulchAndGrave I
Stair area after new mulch and pea gravel put down.

FlowerBed-AfterSoiIRemova1-1

1 ,..
�i
Aw-
. .w
:., _
:, f �• , � Kam_

FlowerBed-AfterMulchAndGravel-1

FlowerBedAfterMuIchAndGravel-3
Flower bed after new mulch, pea gravel and landscape timbers put down.

t
Supplies-Trip1
This was the first trip of supplies. We went back for more top soil and pea gravel.

- FlowerBed-AfterMulchAndGravel-2
- FlowerBed-AfterMulchAndGravel-3 ... note new landscape timbers
- YardAfterTopsoil
Please let me know if there is anything else we should do short of having it professionally remediated.
To further document the incident, here is a recap of what we discussed when we spoke:
Our tenant called stating that they smelled a strong gas smell in the back yard. Since the home is heated by natural gas as well as
having a natural gas hot water heater, I told them to call Piedmont Natural Gas and report a strong gas smell. I asked if they smelled it
in the laundry room where the hot water heater is and they said no. I told them that if they smelled it in the house to leave the home
and not to use any light switches. A PNG emergency crew came out and thoroughly inspected the property. They found no gas leaks
in the house, under the house or in the laundry room off the patio. They did find a small pool of oil by the deck stairs in the back
yard. PNG left and the tenant gave me the update.
A few hours later, the tenant called and said the oil had floated along some water running down a pea gravel walk and into the yard. I
decided to go inspect it myself and found what the tenant described. I took some pictures. See pics named HeatingOil-Stairs,
HeatingOil-FlowerBed and HeatingOil-Yard.
I searched the Internet and found a company that does environmental cleanup and called their number. I reached an answering service
who took my information and told me someone would call. I got a call later that evening and scheduled a meeting for the following
morning. I was at the property for approximately 30 minutes and before I left, the small pool of oil in the picture HeatingOil-Stairs
had already receded and was not visible.
The following morning I met the contractor. There was no visible oil but traces in some areas. He tried to locate the tank by poking
around where I told him I saw the pool of oil and he couldn't find anything. He told me the same thing you did about the release and
said that if I wanted to hire them they would be glad to help, including using a metal detector to locate the tank, pump it, fill it and do
soil remediation.
Then I spoke with you and took the actions described above.

One last thing. Late last night I learned that the tenant received a letter from the state and that someone is coming out to take soil
samples this week. Is this standard procedure when a release is reported? If not, who made the request. As noted above, we have
chosen not to remediate at this time.
Also, why is the tenant receiving communication from the state and not me, the owner. I can't have multiple channels of
communication regarding this incident. I should be the one making decisions regarding my property as long as there aren't health and
safety risks, not the tenant. Please make sure I am the single point of contact.
To that point, can you find out who is coming out and ask them to contact me?
Please call me after your review this email. I want to make sure I understand everything correctly.
Thank you again for your help!
Sincerely,
Jeff Fagan
[phone]
On Thursday, September 20, 2018, 1:43:41 PM EDT, Beverly, Trudy <trudy.beverlykncdenr.gov> wrote:
Hi Jeff,
As we discussed by phone today, we had a report of a home heating oil tank release at 1012 Dudley Drive in Charlotte. Let me know
the status of the release and any actions you have taken or plan to take to address the matter.
Below you will find some general information about home heating oil underground storage tanks:

Home heating oil underground storage tanks are not and haven't been regulated in the state of North Carolina. The UST section only
has records of those that have been reported to our agency. These reports a generally result from notifications of contamination or
tank removals at properties where parties are seeing "no further action" status. Home heating oil tanks are non -regulated, non-
commercial underground storage tanks (USTs) that are exempt from the "technical regulations" (e.g., leak detection monitoring,
corrosion protection, spill and overfill control) that apply to regulated USTs. Even though home heating oil tanks are exempt from
these technical regulations, sampling and cleanup regulations may apply if there is a leak or spill from your tank. If there is no
evidence of a release, then there is no need to report to the UST Section. The links below provide additional information.
If a leak is discovered under the current ownership of the property, the current property owner is considered the responsible party for
clean-up. Many companies do environmental work related to underground storage tanks. Typically, they can be found in the yellow
pages of a telephone book under "Environmental Consultants." The DWM UST Section provides a list where companies that do
environmental work can provide their information. This list is called the "UST Service Provider Listing" it is located at
http://deq.nc.gov/about/divisions/waste-management/ust/service-provider-listing. When choosing a company, we recommend getting
several estimates and references. Site assessments and cleanup work must be conducted under the responsible charge of a licensed
geologist or professional engineer.
Please note that before you sell, transfer, or request a "No Further Action" determination for a property that has
not been remediated to below "unrestricted use" standards, you must file a Notice of Residual Petroleum
("Notice") with the Register of Deeds in the county where the property is located (NCGS 143B-279.9 and 143B-
279.11).
Underground — Heating Oil Tanks
Non -Regulated Underground Storage Tanks — Frequently Asked Questions
https:Hfiles.nc. gov/ncdeq/Waste%2OManagementIDWM/USTBrochures-FAQs/Brochure-NonRe,g%20UST.pdf
Home Heating Oil Underground Storage Tanks — General Guidance
https:Hfiles.nc. gov/ncdeq/Waste%20Manaaement/DWMIUST/Brochures-FAOsIFAO-Home%20Heating%20UST.pdf
Non -Regulated Noncommercial Petroleum UST Systems (Underground Heating Oil Tanks) Flowchart
https:Hfiles.nc. gov/ncdegiW aste%2OManagementIDWM/IJST/Brochures-FAQs/HHO%20Tank%20Flowchart%20070717.pdf
Guidelines for Site Checks, Tank Closure and Initial Response (text and figures)
"Portions that are Non -Regulated and Non -Regulated and Non -Commercial
https:Hdeq.nc. gov/about/divisions/waste-mana,gement/ust/guidance-documents
Trudy
10

-ru dy Beverly, L.G.
Hydrogeoiogisr, DNisiorrof W astEhkrragemerrr
North Carolinadepartrnent ofEnvironmemQual"
Underground &orEgeTanksSection
Corre{tiveACtion Branch
M ooresville R egional Office
(704) Za-9-218i (Office)
Tru dy.BeverFr�@ncdenr.goa
D, EER Qa:;��
[Kpren evil �O! irv.�rn�ui�wi[aF QLL51i�
Ermd owesporderce to &W fr)rrr this address is Swbj00 to tree
IVo h fdffe POW Records Law artd inay be domed io Viral past+es.
Branch's Underground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hLps://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
hiips:Hdeq.nc.gov/about/divisions/waste-management/waste-management-rules-datalwaste-mana eg ment- ig s maps
File Review Procedures:
hlt 2s:Hdeq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hiips:Hedocs.deq.nc.gov/WasteManagement/Search.aspx
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc. gov/ncdeq/Waste%20Mana,gementIDWM/UST/Corrective%20Action/Electronic%20Document%20Submittal%20Me
mo%20Update.pdf
hLps:Hfiles.nc. gov/ncdeq/Waste%20ManagementIDWM/UST/Corrective%20Action/UST%20file%20names%20for%20Laserfiche.d
ocx
11