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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 Pa g e 1 0 o f 1 2 Page 11 of 12 Page 12 of 12