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HomeMy WebLinkAboutWS-30690_49644_CA_O_20240727CEDAR ROCK ENVIRONMENTAL, P. C.
107 Pioneer Trail
Graham, NC 27253
(336) 684-2734
July 27, 2024
Ms. Michele Rosenstein
139 Wildcat Road
Monticello, NY 12701
Reference: 4120 Fox Meadow Lane, Winston-Salem, North Carolina
Cedar Rock Project # 390722590
Dear Ms. Rosenstein:
It has come to my attention that the owner of the property at 4120 Fox Meadow Lane hired another
company to investigate the underground storage tank (UST), that they determined the tank has not
leaked and that you are choosing to go with their results and not Cedar Rock’s findings. This was
confusing to me for a few reasons. Firstly, because I know what we found – it was very clear the
UST was leaking because the soil on the outside of the tank had a moderate to strong petroleum
odor. I also purposefully had your realtor, Dalia, who met us onsite, smell the soil so that you
would not have to just take our word for it. Secondly, if our findings were accurate, you as the
buyer are placing yourself in a situation of liability relating to the UST. Thirdly, that your realtor
and the seller’s realtor are proceeding with the sale of the property without properly addressing
the contamination as required by State law. As realtors bound by their own code of ethics
established by the North Carolina Real Estate Commission, I am shocked they are willing to be
part of an illegal property transfer as it would jeopardize their realty license. Dalia should have no
question the tank was leaking as she smelled the contaminated soil – I do not understand how she
could possibly believe the other company’s conclusions.
As a result of both parties refuting Cedar Rock’s findings, I find myself in the position of feeling
the need to defend both my personal and my company’s professional integrity, reputation and
license. As such, I have submitted the soil sample we collected during our inspection on July 10th
for laboratory analysis to definitively demonstrate and further substantiate our findings that the
soil was contaminated. I have attached the laboratory report to this letter. It shows a contamination
level of 6,910 parts per million (ppm) for Diesel Range Organics Total Petroleum Hydrocarbons
which exceeds the applicable limit of 100 ppm as set forth by the State. The soil is very obviously
contaminated.
Upon receiving the lab results which confirmed the conclusions in our inspection report, I spoke
to James Brown, the regional supervisor for the Winston-Salem regional office of the Department
of Environmental Quality (DEQ), asking him how I should handle this situation. He has instructed
me to send him our report describing the inspection performed on July 10th and the lab report for
the soil sample. This will effectively report the release to the DEQ as required by State law.
Currently, it is illegal for the seller to convey the property to you or anybody else without at
least filing an approved Notice of Residual Petroleum with the Forsyth County Register of
Deeds as outlined in our inspection report.
Cedar Rock
ENVIRONMENTAL
Ms. Michele Rosenstein
July 27, 2024
Page 2
I strongly urge you not to take possession of the property before this environmental incident is
resolved in compliance with State regulations. Not only would it be illegal, but the tank is currently
being used and so fresh oil is still being put into the leaking tank which will only further
contaminate the soil. Additionally, the property is classified as “High Risk” by the State because
of the water supply well located only 64 feet from the petroleum release which is a pathway for
human exposure to the contamination. For reference, the State is concerned with any wells, active
or inactive, within 150 feet of the release.
If there is still any question as to whether the tank has leaked or not by anyone involved, I am
willing to meet at the property with you, the seller, the company the seller hired to inspect the tank,
and both realtors to perform another soil boring in front of everyone so that all can see the soil
contamination for yourselves. I am offering this service at no cost. I am confident in what
everyone will observe.
If you have any questions or would like to schedule a time to meet at the property, please contact
me at cedarrockenvironmental@gmail.com.
Sincerely,
Robert A. Payne, N.C. Licensed Geologist #0970
cc: Michele Rosenstein - michele.rosenstein@gmail.com
Dalia Howard - dalia.howard@bhhscarolinas.com
Randy Turner - rturnerrealty@gmail.com
James Brown (DEQ) - james.brown@deq.nc.gov
#=CL#
July 26, 2024
LIMS USE: FR - ROBERT PAYNE
LIMS OBJECT ID: 92743388
92743388
Project:
Pace Project No.:
RE:
Robert Payne
Cedar Rock Environmental
107 Pioneer Trail
Graham, NC 27253
4120 Fox Meadow Lane
Dear Robert Payne:
Enclosed are the analytical results for sample(s) received by the laboratory on July 23, 2024. The results relate only to the
samples included in this report. Results reported herein conform to the applicable TNI/NELAC Standards and the
laboratory's Quality Manual, where applicable, unless otherwise noted in the body of the report.
The test results provided in this final report were generated by each of the following laboratories within the Pace Network:
• Pace Analytical Services - Charlotte
If you have any questions concerning this report, please feel free to contact me.
Sincerely,
Stephanie Knott
stephanie.knott@pacelabs.com
Project Manager
704-977-0981
Enclosures
cc:Josiah Payne, Cedar Rock Environmental
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, LLC.
Pace Analytical Services, LLC
1377 South Park Drive
Kernersville, NC 27284
(704)977-0981
Page 1 of 12
#=CP#
CERTIFICATIONS
Pace Project No.:
Project:
92743388
4120 Fox Meadow Lane
Pace Analytical Services Charlotte
South Carolina Laboratory ID: 99006
9800 Kincey Ave. Ste 100, Huntersville, NC 28078
North Carolina Drinking Water Certification #: 37706
North Carolina Field Services Certification #: 5342
North Carolina Wastewater Certification #: 12
South Carolina Laboratory ID: 99006
South Carolina Certification #: 99006001
South Carolina Drinking Water Cert. #: 99006003
Florida/NELAP Certification #: E87627
Kentucky UST Certification #: 84
Louisiana DoH Drinking Water #: LA029
Virginia/VELAP Certification #: 460221
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, LLC.
Pace Analytical Services, LLC
1377 South Park Drive
Kernersville, NC 27284
(704)977-0981
Page 2 of 12
#=SS#
SAMPLE SUMMARY
Pace Project No.:
Project:
92743388
4120 Fox Meadow Lane
Lab ID Sample ID Matrix Date Collected Date Received
92743388001 CR-1 Solid 07/10/24 09:15 07/23/24 15:20
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, LLC.
Pace Analytical Services, LLC
1377 South Park Drive
Kernersville, NC 27284
(704)977-0981
Page 3 of 12
#=SA#
SAMPLE ANALYTE COUNT
Pace Project No.:
Project:
92743388
4120 Fox Meadow Lane
Lab ID Sample ID Method
Analytes
Reported LaboratoryAnalysts
92743388001 CR-1 EPA 8015C 2 PASI-CHH
SW-846 1 PASI-CCHC
PASI-C = Pace Analytical Services - Charlotte
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, LLC.
Pace Analytical Services, LLC
1377 South Park Drive
Kernersville, NC 27284
(704)977-0981
Page 4 of 12
#=AR#
ANALYTICAL RESULTS
Pace Project No.:
Project:
92743388
4120 Fox Meadow Lane
Sample:CR-1 Lab ID:92743388001 Collected:07/10/24 09:15 Received:07/23/24 15:20 Matrix:Solid
Results reported on a "dry weight" basis and are adjusted for percent moisture, sample size and any dilutions.
Parameters Results Units DF Prepared Analyzed CAS No.QualReport Limit
Analytical Method: EPA 8015C Preparation Method: EPA 3546
Pace Analytical Services - Charlotte
8015 GCS THC-Diesel
Diesel Range Organics(C10-C28)6910 mg/kg 07/25/24 16:08 H2,M107/25/24 04:2614225
Surrogates
n-Pentacosane (S)0 %07/25/24 16:08 629-99-2 H3,S407/25/24 04:2610-133 25
Analytical Method: SW-846
Pace Analytical Services - Charlotte
Percent Moisture
Percent Moisture 12.0 %07/24/24 16:42 N20.10 1
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, LLC.Date: 07/26/2024 10:39 AM
Pace Analytical Services, LLC
1377 South Park Drive
Kernersville, NC 27284
(704)977-0981
Page 5 of 12
#=QC#
QUALITY CONTROL DATA
Pace Project No.:
Project:
92743388
4120 Fox Meadow Lane
Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result.
QC Batch:
QC Batch Method:
Analysis Method:
Analysis Description:
870791
EPA 3546
EPA 8015C
8015 Solid GCSV
Laboratory:Pace Analytical Services - Charlotte
Associated Lab Samples:92743388001
Parameter Units
Blank
Result
Reporting
Limit Qualifiers
METHOD BLANK:4487681
Associated Lab Samples:92743388001
Matrix:Solid
Analyzed
Diesel Range Organics(C10-C28)mg/kg ND 5.0 07/25/24 10:27
n-Pentacosane (S)%61 10-133 07/25/24 10:27
Parameter Units
LCS
Result
% Rec
Limits Qualifiers% RecConc.
4487682LABORATORY CONTROL SAMPLE:
LCSSpike
Diesel Range Organics(C10-C28)mg/kg 44.866.9 67 43-130
n-Pentacosane (S)%76 10-133
Parameter Units
MS
Result
% Rec
Limits Qualifiers% RecConc.
4487683MATRIX SPIKE SAMPLE:
MSSpike
Result
92743388001
Diesel Range Organics(C10-C28)mg/kg 5470 M175.8 -1900 15-1306910
n-Pentacosane (S)%111 10-133
Parameter Units
Dup
Result
Max
RPD QualifiersRPDResult
92743388001
4487684SAMPLE DUPLICATE:
Diesel Range Organics(C10-C28)mg/kg ND 306910
n-Pentacosane (S)%550
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, LLC.Date: 07/26/2024 10:39 AM
Pace Analytical Services, LLC
1377 South Park Drive
Kernersville, NC 27284
(704)977-0981
Page 6 of 12
#=QC#
QUALITY CONTROL DATA
Pace Project No.:
Project:
92743388
4120 Fox Meadow Lane
Results presented on this page are in the units indicated by the "Units" column except where an alternate unit is presented to the right of the result.
QC Batch:
QC Batch Method:
Analysis Method:
Analysis Description:
870723
SW-846
SW-846
Dry Weight/Percent Moisture
Laboratory:Pace Analytical Services - Charlotte
Associated Lab Samples:92743388001
Parameter Units
Dup
Result
Max
RPD QualifiersRPDResult
92743388001
4487063SAMPLE DUPLICATE:
Percent Moisture %11.7 N232512.0
Parameter Units
Dup
Result
Max
RPD QualifiersRPDResult
92743363004
4487064SAMPLE DUPLICATE:
Percent Moisture %22.6 N212522.9
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, LLC.Date: 07/26/2024 10:39 AM
Pace Analytical Services, LLC
1377 South Park Drive
Kernersville, NC 27284
(704)977-0981
Page 7 of 12
#=QL#
QUALIFIERS
Pace Project No.:
Project:
92743388
4120 Fox Meadow Lane
DEFINITIONS
DF - Dilution Factor, if reported, represents the factor applied to the reported data due to dilution of the sample aliquot.
ND - Not Detected at or above adjusted reporting limit.
TNTC - Too Numerous To Count
J - Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit.
MDL - Adjusted Method Detection Limit.
PQL - Practical Quantitation Limit.
RL - Reporting Limit - The lowest concentration value that meets project requirements for quantitative data with known precision and
bias for a specific analyte in a specific matrix.
S - Surrogate
1,2-Diphenylhydrazine decomposes to and cannot be separated from Azobenzene using Method 8270. The result for each analyte is
a combined concentration.
Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate % recovery and RPD values.
LCS(D) - Laboratory Control Sample (Duplicate)
MS(D) - Matrix Spike (Duplicate)
DUP - Sample Duplicate
RPD - Relative Percent Difference
NC - Not Calculable.
SG - Silica Gel - Clean-Up
U - Indicates the compound was analyzed for, but not detected.
Acid preservation may not be appropriate for 2 Chloroethylvinyl ether.
A separate vial preserved to a pH of 4-5 is recommended in SW846 Chapter 4 for the analysis of Acrolein and Acrylonitrile by EPA
Method 8260.
N-Nitrosodiphenylamine decomposes and cannot be separated from Diphenylamine using Method 8270. The result reported for
each analyte is a combined concentration.
Reported results are not rounded until the final step prior to reporting. Therefore, calculated parameters that are typically reported as
"Total" may vary slightly from the sum of the reported component parameters.
Pace Analytical is TNI accredited. Contact your Pace PM for the current list of accredited analytes.
TNI - The NELAC Institute.
SAMPLE QUALIFIERS
Sample: 92743388001
Analyze sample outside of hold time per client request. SJK 7/23/24[1]
ANALYTE QUALIFIERS
Extraction or preparation conducted outside EPA method holding time.H2
Sample was received or analysis requested beyond the recognized method holding time.H3
Matrix spike recovery exceeded QC limits. Batch accepted based on laboratory control sample (LCS) recovery.M1
The lab does not hold NELAC/TNI accreditation for this parameter but other accreditations/certifications may apply. A
complete list of accreditations/certifications is available upon request.N2
Surrogate recovery not evaluated against control limits due to sample dilution.S4
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, LLC.Date: 07/26/2024 10:39 AM
Pace Analytical Services, LLC
1377 South Park Drive
Kernersville, NC 27284
(704)977-0981
Page 8 of 12
#=CR#
QUALITY CONTROL DATA CROSS REFERENCE TABLE
Pace Project No.:
Project:
92743388
4120 Fox Meadow Lane
Lab ID Sample ID QC Batch Method QC Batch Analytical Method
Analytical
Batch
92743388001 870791 870905CR-1 EPA 3546 EPA 8015C
92743388001 870723CR-1 SW-846
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except in full,
without the written consent of Pace Analytical Services, LLC.Date: 07/26/2024 10:39 AM
Pace Analytical Services, LLC
1377 South Park Drive
Kernersville, NC 27284
(704)977-0981
Page 9 of 12
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