HomeMy WebLinkAboutMO-9572_47002_G_C_20200304_Release ComplaintBeverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, March 4, 2020 4:57 PM
To: WQStaff@mecklenburgcountync.gov
Cc: Jeff
Subject: RE: [External] Re: Luther - 1161 S Kings Dr, Charlotte NC 28207 - Potential Stormwater
Release
I conducted a site visit to 1161 S. Kings Drive, Charlotte today to meet with the property owner (Jeff Luther). Mr. Luther
noticed dead grass in the rear of his property near the back fence. Mr. Luther smelled a petroleum odor when he dug to
remove the dead grass to plant new grass in those areas. Mr. Luther and I viewed the area of concern today near his
back fence. There are areas of dead grass and a light petroleum odor that may be coming from the adjoining property
(1114 Ardsley Road). I observed what may be a home heating oil ust port near the air conditioning unit of 1114 Ardsley
road when looking between the fence boards. Mr. Luther was able to take a picture from above the fence. See the
email chain below for pictures. No one came to the door when I knocked at 1114 Ardsley Road. There was a car in the
carport. Mr. Luther spoke with a neighbor. Hellen J Fridell passed in 2010. Terrell Fridell, Hellen J Fridell's husband,
passed in 1988. Their son Terrell Fridell Jr. may be checking on the house periodically. We do not have contact
information for Terrell Fridell Jr.
During big rain events, water flows on Mr. Luther's property along the bottom of a sloped mulched area, along the
ground of the northern side of the house to a drain at the top of the driveway. This drain is buried along the steeply
sloped driveway through a mulched area and empties onto the sidewalk. The water then flows to the street and into a
storm drain. The water near the drain on the sidewalk has an iridescent sheen. Mr. Luther has been copied on this
email and can also be reached by phone at (704) 975-0927.
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
te D North Carolina Department of Environmental Quality
�'M�A �EQ�j ame �r/ UST Section, Mooresville Regional Office
rUrkaM704.235.2182 (Office)
Trudv.Beverlv(a)ncdenr. eov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://dea.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans
File Review Procedures:
httpsnc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
httDS://dea. nc. eov/about/divisions/waste-matiagement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https:Hfiles. nc. gov/ncde^aste%20Mana2ement/D WM/UST/Corrective°/`2OAction/Electronic%2ODocument%20 Submittal%2OMemo%2OUpdate.pdf
https:Hfiles.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
Jeff,
It was great meeting with you this afternoon. The pictures that you emailed came through with no issues. Thank you
for sending them. No one came to the door when I knocked at 1114 Ardsley Road. There was a car in the
carport. Because there is a potential release at the sidewalk that may drain to the stormwater system, I'm going to
report that area and the potential source to the Charlotte -Mecklenburg Stormwater Services/Water Quality Program. I
appreciate you sending the link to Mrs. Fridell's obituary and a potential address for her son. I will continue to pursue
contact with Mrs. Fridell's son or the current property owner related to the potential heating oil tank release to soil on
your property. I will copy you on the referral to the Charlotte -Mecklenburg Stormwater Services/Water Quality
Program. They may want to contact you and/or access your property to see the areas of concern. I will also copy you on
UST correspondence to the property owner for 1114 Ardsley Road. You and your wife are welcome to call the office or
email any time you wish an update. I am happy to relay any and all of the information that we discussed today to your
wife if she would like me to call her or she can call here. Below is some general information about home heating oil
underground storage tanks.
Smelling petroleum does not necessarily indicate a breach and release from the tank system. The UST section
will need a licensed professional to inform us that a tank has failed and a release has occurred.
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://deg.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.
Session Law SL2015-241- The legislature determined that non-commercial UST rules (15A NCAC 2L .0404
and 0406) be revised to require the UST Section rank non-commercial heating oil releases either high or low as
follows based only on the closure/IAA Report (Notify the RP that no cleanup, no further cleanup, or no further
action shall be required, etc.) in order to minimize the home owner's expenses since the Non -Commercial Trust
Fund was dissolved:
High Risk:
• Water supply well(s) contaminated;
• Water supply well(s) located less than 150 feet from the source area of the release;
• Vapors pose a serious threat of explosion due to accumulation of vapors in a confined space;
• Poses an imminent danger to public health, public safety, or the environment;
Low Risk:
• Not ranked as a high risk.
The UST Section requires assessment and remediation if a water supply well is located within 150 feet,
free product is daylighting, and/or there is vapor issue.
*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 14313-
279.9 and 14313-279.11).
Underground — Heating Oil Tanks
Non -Regulated Underground Storage Tanks
https://files.nc.gov/ncdeq/Waste%20Management/DWM/UST/Brochures-FAQs/Brochure-NonReg UST.pdf
Home Heating Oil Underground Storage Tanks
https://files.nc.gov/ncdeq/Waste%20Management/DWM/UST/Brochures-FAQs/FAQ-
Home%20Heating%20UST.pdf
Non -Regulated Noncommercial Petroleum UST Systems (Underground Heating Oil Tanks) Flowchart
https://files.nc.gov/ncdeq/Waste%20Management/DWM/UST/Brochures-
FAQs/HHO%20Tank%20Flowchart%20070717.pdf
Selecting an Environmental Consultant For Petroleum Cleanup
https:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Brochures-FAQs/Brochure-
Selecting%20Consultants.pdf
Below is some general information about searching for sites and files within the NC DEQ Division of Waste
Management and UST Section:
All branches/groups within the Division of Waste Management (DWM) have individual interactive Geographic
Information System (GIS) maps available to the public. Click on the Interactive Maps link below. Select the
DWM map you are interested in searching for sites from the right side of the webpage. Use the UST Incidents
map to search for UST sites.
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deg.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-management-
gis-maps
You can enter an address to the map, zoom in on an area, and pan around to see if that group has a site
nearby. When you click on the symbols, site information will be displayed. Scroll down through the site
information. Clicking on the documents link at the bottom will take you to available electronic site files for
viewing and downloading on Laserfiche (pdf format, free to the public).
The Division has a site locator tool that combines the different groups on one map. The combined map is
good for a general locator for UST sites and for a link to available electronic files. The individual Underground
Storage tanks Incidents map and UST Registered Tanks map give more details. See the following link and
information: "The division has created the Division of Waste Management Site Locator Tool that provides free
online access to currently available information about the sites that the Division of Waste Management
manages, permits and inventories. The Tool is a GIS-based application that consolidates all of the Division's
sites into an interactive map. It provides this information in a simple map format, and has the capability to
query, create reports, overlay GIS layers, print maps and link to site -specific documents. The search window
has been programmed, so that people can find sites by address, name or identification number."
DWM electronic files can also be searched on Laserfiche at the following link:
https:Hedocs.deg.nc.gov/WasteManagement/Search.aspx?searchcommand=%7b%5bWM%5d%3a%5bProgra
m ID%Sd%3d%22*MO-2911*%22%7d&dbid=0
Use the UST number for the Program ID when searching for UST files at the DWM Laserfiche link.
Not all UST sites have electronic files. Many files are only available in paper format at the Mooresville
Regional Office (address below). If you would like to view paper files for a site, open file reviews are on
Mondays for the public (no appointment, 8:00am-4:00pm). If Mondays do not work with your schedule, you
can make an appointment with the site's project manager to view the file on a different day.
** In office file reviews are by appointment**
File Review Procedures:
https://deq.nc.gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-
office
North Carolina Department of Environmental Quality
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
(704) 663-1699
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
D- E Q North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.13everlygriede ingot/
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: https://deq.ne.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hops://deg.nc.gov/about/divisions/waste-management/ust/ast-pro2Tam
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httDs://dea.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-ais-mans
File Review Procedures:
hitps://deq.ne. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
httDs: //dea.nc. eov/about/divisions/waste-manaeement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
hops://files.nc.gov/ncdeq/Waste%2OManagement/DWMfUST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf
https://files.nc.gov/ncdeq/Waste%20Management/DViM[UST/Corrective%2OAction/UST%20filc%20names%20for%2OLaserfiche.docx
From: Jeff [mailto:j_luth@hotmail.com]
Sent: Wednesday, March 4, 2020 2:17 PM
To: Beverly, Trudy <trudy.beverly@ncdenr.gov>; Jeff <j_luth@hotmail.com>
Subject: [External] Re: Luther - 1161 S Kings Dr, Charlotte NC 28207
• External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Maybe helpful?
https://hankinsandwhittington.com/tribute/details/55884/Helen-Fridell/obituary.html
(was Helen who you found was still shown as the owner?)
Couple of addresses, including the lot behind our property, for Terrell Jr. Maybe he is the son our other
neighbor mentioned that stops by to look at the house every now and
then? https://www.whitepages.com/name/Terrell-T-Fridell-Jr./Charlotte-NC/l7kOfwvq
From: Jeff <i luth@hotmail.com>
Sent: Wednesday, March 4, 2020 1:59 PM
To: trudy.beverly@ncdenr.gov <trudy.beverly@ncdenr.gov>; Jeff <i luth@hotmail.com>
Subject: Luther - 1161 S Kings Dr, Charlotte NC 28207
Trudy,
Thank you for your time today, it was nice to meet you. Below/attached are some photos I have of the area of
concern(s). Let me know if I can clarify anything any further and/or provide more pictures or information.
Just so that I have it down and can refer back to it / explain things to my wife, can you bulletpoint some 'next
steps'? Also, understanding this could likely not be a quick process .... how often would it be appropriate for
me to touch base with you?
*Please confirm your receipt of this email and the ability to view the attachments.
Best,
Jeff Luther
704.975.0927
Download full resolution images
Available until Apr 3, 2020
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