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HomeMy WebLinkAbout9202_Wake_EastWake_MSWLF_Pre-RegLF_Letters_FID1648862_20220309Property Address Mailing Address Nash Wendell Falls, LLC 0 Knightdale Eagle Rock STE 250 Rd. 13777 Ballantyne Corporate PI Charlotte, NC 28277 Steeple Square Court Association, LLC / Bypass East LLC 0 Knightdale Blvd. 901 Old Knight Road Knightdale, NC 27545 Janis K Thompson Heirs. 0 Three Sisters PO Box 342 Knightdale, NC 27545-0342 512 Three Sisters Rd Three Sisters Ready Mix, LLC 704 Three Sisters Rd 512 Three Sisters Rd Knightdale, NC 27545 Knightdale Athletic Club, LLC 526 Three Sisters Rd 112 Westminster Pike Reisterstown, MD 21136 532 Three Sisters Rd Bypass East LLC 600 Three Sisters Rd 901 Old Knight Road Knightdale, NC 27545 616 Three Sisters Rd Steeple Square Court Association, LLC 618 Three Sisters Rd 901 Old Knight Road 608 Three Sisters Rd 0 Three Sisters Rd Knightdale, NC 27545 Elohim Properties LLC. 720 Three Sisters Rd PO Box 314. Knightdale, NC 27545-0314 Ms. Carolynn Knott 725 Three Sisters Rd 933 Three Sisters Road Knightdale, NC 27545 Gregory Charles Jarrell / Aspen Investment Inc. 728 Three Sisters Rd 8130 Habersham Waters Rd, Sandy Spring, GA 30350-4609 Mr. James Ervin Rigsbee 8704 Knightdale Blvd 8704 Knightdale Blvd Knightdale, NC 27545 Proposed Sample Location Map East Wake County LF (NONCD0000614) 2/28/2022, 8:23:17 AM 1:9,028 k 0 0.07 0.15 0.3 mi Pre -Regulatory Landfill Sites 1 TIT 0 North Carolina Parcels (Polygons) - Parcels Municipal Boundary 0 0.13 0.25 NCDOT GIS Unit NC CGIA, Maxar Esri Community Maps Contributors, County, Wake County, State of 0.5 km Town of Cary, Johnston North Carolina DOT, Web AppBuilder for ArcGIS ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Nash Wendell Falls, LLC STE 250 13777 Ballantyne Corporate PI Charlotte, NC 28277 NORTH CAROLINA Environmental Quality March 9, 2022 Re: Request for Property Access and Consent to Land -Use Restrictions 0 Knightdale Eagle Rock Rd (1764734496) Knightdale, Wake County, NC East Wake County LF Landfill ID # NONCD0000614 Dear Nash Wendell Falls, LLC: The North Carolina General Assembly created a program to assess and remedy public health and environmental hazards posed by old landfills and dumps that existed before there were regulations preventing hazardous materials dumping. The Pre -Regulatory Landfill (PRLF) Unit in the Special Remediation Branch oversees this program. This letter is to make you aware of this program and to request your cooperation in relation to the State conducting sampling and risk -based mitigation of environmental contamination that may exist on your property. From 2010 until present day, the Unit has conducted investigation work at the former landfill to determine the extents of contamination. Contaminants associated with the former land fill have been identified in groundwater and in soil vapor on properties adjacent to the above referenced parcel. The State would like to access your property in order to continue our efforts to delineate the vertical and horizontal extents of contamination. Please find enclosed a site map detailing the proposed sampling locations, as well as an estimate of waste disposal areas. Instructions for accessing file records and reports are available at: https: [/deq.nc.gov/about/divisions/waste-management/superfund-section/sf-file-records Prior to the passage of North Carolina General Statute 130A-310.6(c) that created the PRLF Program, owners and operators of the landfill property and other responsible parties were obligated to fund any required assessment and abatement actions to address the public health and environmental hazards posed by these sites. Under the authorizing legislation, if owners fully cooperate with the State in its performance of this work and monies are available, the owner will not have to conduct the work at their expense. A state-wide disposal tax is used to pay for these expenses. Owner cooperation with contaminant assessment and implementation of remedial action mitigation measures includes, but is not limited to, granting access to the property, allowing installation of groundwater monitoring wells and landfill gas probes, allowing installation and maintenance of improvements to the landfill cap, allowing installation of security measures, agreeing to allow recordation of and compliance with land -use restrictions, and providing access to any records regarding the landfill. If a property owner or responsible party fails to fully cooperate with the D EQ�� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeePamnem of enriroamemai puai\ /* 919.707.8200 assessment of the site and implementation of control and mitigation measures, the State may seek recovery for any costs incurred to address the site. Please note that NC DEQ staff are authorized to enter any property at reasonable times for the purpose of investigating a release of hazardous substances or the condition of any waters of the State, including groundwater, pursuant to sections 143-215.3(a) (2) and 143-215.79 of the North Carolina General Statutes. Preventing NC DEQ from accessing property in order to evaluate or address contamination can in some cases result in the property owner being held responsible for addressing the contamination. In many cases those costs can be quite substantial. During the remedial investigation, sampling and other assessments are conducted to understand the nature and extent of contamination on the landfill property and surrounding properties. The assessment phase may include an environmental wetland study. If wetlands are present, the U.S. Army Corps of Engineers (USACE) would conduct a federal jurisdictional determination for the wetland. The USACE requires the property owner's signed consent for property access to conduct the determination. Once assessment activities have been completed, the next phase of work would include designing and implementing the appropriate control and mitigation measures to protect human health and/or the environment. I would like to arrange a meeting with you (over the phone or in person) to answer any questions you may have, develop a schedule for property access, and provide general information about what to expect during the assessment phase, typical remedial action plans, associated land use restrictions, and a notice of inactive hazardous substances or waste disposal site. Please sign the enclosed forms and return them within 10 days to: Kevin Kelt Pre -Regulatory Landfill Unit Special Remediation Branch, NC Superfund Section 1646 Mail Service Center Raleigh, NC 27699-1646 A pre -addressed and stamped envelope is enclosed for your convenience, or you may submit the signed documents electronically at the following email: Kevin.KeltOncdenr.gov. Please call me at (984) 800-2656 with any questions you have regarding this request. If you can only call after hours, you can leave a message with your phone number and a time you can be reached. Your cooperation will be very much appreciated. Sincerely, Kevin Kelt, P.G. Hydrogeologist Division of Waste Management, NCDEQ Enclosures: Owner Permission for Property Access Property Owner Consent to Land -Use Restrictions Proposed Sample Location Map CC: Jaclynne Drummond (NCDEQ - Solid Waste Section) E Q North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA - DenammemmEnvo-onme�luuail /� 919.707.8200 ROY COOPER Governor V ELIZABETH S. BISERSecretary tv MICHAEL SCOTT NORTH CAROLINA Director Environmental Quality Owner Permission for Property Access East Wake County LF ID# NONCD0000614 Nash Wendell Falls, LLC 0 Knightdale Eagle Rock Rd (1764734496) Knightdale, Wake County, NC I/We own the above referenced property. I/We hereby grant permission to the State and the State's representatives to access my/our property to conduct an environmental investigation to evaluate potential public health and environmental hazards, resulting from past operations of an old unregulated landfill present on the property and, if necessary, to abate or control hazards posed by wastes and contaminated material by implementing a remedial action plan. The Division of Waste Management (Division) and its contractors are permitted to enter and have continued access to my Property. Examples of remedial investigation and remedial action activities include, but are not limited to the following: 1. Installation of monitoring wells for groundwater and/or landfill gas; 2. Taking soil, groundwater, surface water and/or landfill gas samples as may be necessary; 3. Delineating the waste boundary; and 4. Response actions and installation of remedial action measures (landfill cover system) to mitigate any threats to human health or the environment. I/We understand that: The Division and its contractors shall attempt to perform any activities at the Property in a manner that minimizes interference with use of the Property. All monitoring wells will be properly abandoned in accordance with applicable laws and regulations. The Division will make reasonable attempts to notify you at least 48 hours prior to entering the Property for any purpose. The Division or its contractors shall have immediate access to the property for situations that the Division determines to be an emergency. D EQ�� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeePamnem of enriroamemai puai\ /* 919.707.8200 I/We understand prior to any abatement activities, the proposed remedy for the site and associated land use restrictions required to make the property safe will be discussed with all property owner representatives. Print Name of Property Owner/Corporation (Print) Signature Name of Property Owner/Corporation (Signature) Date Email address Phone number Return to: Kevin Kelt, Hydrogeologist Pre -Regulatory Landfill Unit Special Remediation Branch, NC Superfund Section Division of Waste Management North Carolina Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 This document may not be modified. D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 Property Owner Consent to Land -Use Restrictions Corporate Ownership Nash Wendell Falls, LLC, the owner of real property located at 0 Knightdale Eagle Rock Rd, Knightdale (1764734496), Wake County, North Carolina ("Property"), hereby states that it is agreeable to the imposition of Land -Use Restrictions ("Restrictions") on the Property partially or completely in lieu of remediation of hazardous substances to unrestricted -use levels. Said corporation understands that it may refuse to consent upon review of the specific Restrictions proposed for the Property. <check the boxes that apply> The corporation holds fee simple title to the Property free, clear and unencumbered; tor] There are non -financial encumbrances (utility easements, greenways, lease agreements, land -use restrictions, etc.) on the property. I have provided to the Superfund Section the names of all other persons that own an interest in or hold an encumbrance on the Property (Attachment A) and have notified such persons of my intention to record Restrictions on the Property; and, [if applicable] I understand that if other interest in, or encumbrances on, the Property conflict with the proposed Restrictions, the persons who own such interests or hold such encumbrances must agree to subordinate such interest or encumbrances to the Restrictions. The subordination agreement[s] is [are] included as Attachment B. Signature of Corporation Representative Signatory's name typed or printed Title NORTH CAROLINAD_ E Q; oepam em or Fnmmnmemei aeai\ North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality March 9, 2022 Steeple Square Court Association, LLC / Bypass East LLC 901 Old Knight Road Knightdale, NC 27545 Re: Request for Property Access and Consent to Land -Use Restrictions 0 Knightdale Blvd (1764865965) Knightdale, Wake County, NC East Wake County LF Landfill ID # NONCD0000614 Dear Steeple Square Court Association, LLC / Bypass East LLC: Thank you for your continued cooperation in allowing the Pre -Regulatory Landfill (PRLF) Unit, Special Remediation Branch access to your property to perform assessment activities on the East Wake County LF. During the remedial investigation, sampling and other assessments are conducted to understand the nature and extent of contamination on the landfill property and surrounding properties. Additional assessment activities are needed to protect human health and the environment. This letter is to request your cooperation and permission to access your property in relation to the State conducting sampling and risk -based mitigation of environmental contamination on your property. From 2010 until present day, the Unit has conducted investigation work at the former landfill to determine the extents of contamination. Contaminants associated with the former land fill have been identified in groundwater and in soil vapor on properties adjacent to the above referenced parcel. The State would like to access your property in order to continue our efforts to delineate the vertical and horizontal extents of contamination. Please find enclosed a site map detailing the proposed sampling locations, as well as an estimated waste disposal area boundary. Instructions for accessing file records and reports are available at: https: [/deq.nc.gov/about/divisions/waste-management/superfund-section/sf-file-records Prior to the passage of North Carolina General Statute 130A-310.6(c) that created the PRLF Program, owners and operators of the landfill property and other responsible parties were obligated to fund any required assessment and abatement actions to address the public health and environmental hazards posed by these sites. Under the authorizing legislation, as long as owners fully cooperate with the State in its performance of this work and monies are available, the owner will not have to conduct the work at their expense. A state-wide disposal tax is used to pay for these expenses. Owner cooperation with contaminant assessment and implementation of remedial action mitigation measures includes, but is not limited to, granting access to the property, allowing installation of groundwater monitoring wells and landfill gas probes, allowing installation and maintenance of improvements to the landfill cap, allowing installation of security measures, agreeing to allow recordation of and compliance with land -use restrictions, and providing access to any records regarding the landfill. If a property owner or responsible party fails to fully cooperate with the DEQ �� North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparonent 0 puai\ /* 919.707.8200 assessment of the site and implementation of control and mitigation measures, the State may seek recovery for any costs incurred to address the site. Please note that NC DEQ staff are authorized to enter any property at reasonable times for the purpose of investigating a release of hazardous substances or the condition of any waters of the State, including groundwater, pursuant to sections 143-215.3(a) (2) and 143-215.79 of the North Carolina General Statutes. Preventing NC DEQ from accessing property in order to evaluate or address contamination can in some cases result in the property owner being held responsible for addressing the contamination. In many cases those costs can be quite substantial. I would like to arrange a meeting with you (over the phone or in person) to answer any questions you may have, develop a schedule for property access, and provide general information about what to expect during the assessment phase, typical remedial action plans, associated land use restrictions, and a notice of inactive hazardous substances or waste disposal site. Please sign the enclosed forms and return them within 10 days to: Kevin Kelt Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section 1646 Mail Service Center Raleigh, NC 27699-1646 A pre -addressed and stamped envelope is enclosed for your convenience, or you may submit the signed documents electronically at the following email: Kevin.Kelt@ncdenr.Sov. Please call me at (984) 800-2656 with any questions you have regarding this request. If you can only call after hours, you can leave a message with your phone number and a time you can be reached. Your cooperation will be very much appreciated. Sincerely, Kevin Kelt, P.G., Hydrogeologist Division of Waste Management, NCDEQ Enclosures: Owner Permission for Property Access Property Owner Consent to Land -Use Restrictions Proposed Sample Location Map CC: Jaclynne Drummond (NCDEQ - Solid Waste Section) E Q North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA - DenammemmEnvo-onme�luuail /� 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality Owner Permission for Property Access East Wake County LF ID# NONCDO000614 Steeple Square Court Association, LLC / Bypass East LLC 0 Knightdale Blvd (1764865965) Knightdale, Wake County, NC I/We own the above referenced property. I/We hereby grant permission to the State and the State's representatives to access my/our property to conduct an environmental investigation to evaluate potential public health and environmental hazards, resulting from past operations of an old unregulated landfill present on the property and, if necessary, to abate or control hazards posed by wastes and contaminated material by implementing a remedial action plan. The Division of Waste Management (Division) and its contractors are permitted to enter and have continued access to my Property. Examples of remedial investigation and remedial action activities include, but are not limited to the following: 1. Installation of monitoring wells for groundwater and/or landfill gas; 2. Taking soil, groundwater, surface water and/or landfill gas samples as may be necessary; 3. Delineating the waste boundary; and 4. Response actions and installation of remedial action measures (landfill cover system) to mitigate any threats to human health or the environment. I/We understand that: • The Division and its contractors shall attempt to perform any activities at the Property in a manner that minimizes interference with use of the Property. • All monitoring wells will be properly abandoned in accordance with applicable laws and regulations. • The Division will make reasonable attempts to notify you at least 48 hours prior to entering the Property for any purpose. The Division or its contractors shall have immediate access to the property for situations that the Division determines to be an emergency. DEQ�� -iA North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeeaamaem of enriroamemai OuaiN /* 919.707.8200 I/We understand prior to any abatement activities, the proposed remedy for the site and associated land use restrictions required to make the property safe will be discussed with all property owner representatives. Print Name of Property Owner/Corporation (Print) Signature Name of Property Owner/Corporation (Signature) Date Email address Phone number Return to: Kevin Kelt, Hydrogeologist Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section Division of Waste Management North Carolina Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 This document may not be modified. D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 Property Owner Consent to Land -Use Restrictions Corporate Ownership Steeple Square Court Association, LLC / Bypass East LLC the owner of real property located at 0 Knightdale Blvd (1764865965), Knightdale, Wake County, North Carolina ("Property"), hereby states that it is agreeable to the imposition of Land -Use Restrictions ("Restrictions") on the Property partially or completely in lieu of remediation of hazardous substances to unrestricted -use levels. Said corporation understands that it may refuse to consent upon review of the specific Restrictions proposed for the Property. <check the boxes that apply> The corporation holds fee simple title to the Property free, clear and unencumbered; tor] ❑There are non -financial encumbrances (utility easements, greenways, lease agreements, land -use restrictions, etc.) on the property. I have provided to the Superfund Section the names of all other persons that own an interest in or hold an encumbrance on the Property (Attachment A) and have notified such persons of my intention to record Restrictions on the Property; and, [if applicable] IDI understand that if other interest in, or encumbrances on, the Property conflict with the proposed Restrictions, the persons who own such interests or hold such encumbrances must agree to subordinate such interest or encumbrances to the Restrictions. The subordination agreement[s] is [are] included as Attachment B. Signature of Corporation Representative Signatory's name typed or printed Title D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 ROY COOPER Governor lktv ELIZABETH S. BISERSecretary MICHAEL SCOTT NORTH CAROLINA Director Environmental Quality March 9, 2022 Janis K Thompson Heirs. PO Box 342 Knightdale, NC 27545-0342 Re: Request for Property Access and Consent to Land -Use Restrictions 0 Three Sisters Rd (1764778951) Wendell, Wake County, NC East Wake County LF Landfill ID # NONCD0000614 Dear Janis K Thompson Heirs: The North Carolina General Assembly created a program to assess and remedy public health and environmental hazards posed by old landfills and dumps that existed before there were regulations preventing hazardous materials dumping. The Pre -Regulatory Landfill (PRLF) Unit in the Special Remediation Branch oversees this program. This letter is to make you aware of this program and to request your cooperation in relation to the State conducting sampling and risk -based mitigation of environmental contamination that may exist on your property. From 2010 until present day, the Unit has conducted investigation work at the former landfill to determine the extents of contamination. Contaminants associated with the former land fill have been identified in groundwater and in soil vapor on properties adjacent to the above referenced parcel. The State would like to access your property in order to continue our efforts to delineate the vertical and horizontal extents of contamination. Please find enclosed a site map detailing the proposed sampling locations, as well as an estimate of waste disposal areas. Instructions for accessing file records and reports are available at: https: [/deq.nc.gov/about/divisions/waste-management/superfund-section/sf-file-records Prior to the passage of North Carolina General Statute 130A-310.6(c) that created the PRLF Program, owners and operators of the landfill property and other responsible parties were obligated to fund any required assessment and abatement actions to address the public health and environmental hazards posed by these sites. Under the authorizing legislation, if owners fully cooperate with the State in its performance of this work and monies are available, the owner will not have to conduct the work at their expense. A state-wide disposal tax is used to pay for these expenses. Owner cooperation with contaminant assessment and implementation of remedial action mitigation measures includes, but is not limited to, granting access to the property, allowing installation of groundwater monitoring wells and landfill gas probes, allowing installation and maintenance of improvements to the landfill cap, allowing installation of security measures, agreeing to allow recordation of and compliance with land -use restrictions, and providing access to any records regarding the landfill. If a property owner or responsible party fails to fully cooperate with the assessment of the site and implementation of control and mitigation measures, the State may seek recovery for any costs incurred to address the site. D EQ�� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeePamnem of enriroamemai puai\ /* 919.707.8200 Please note that NC DEQ staff are authorized to enter any property at reasonable times for the purpose of investigating a release of hazardous substances or the condition of any waters of the State, including groundwater, pursuant to sections 143-215.3(a) (2) and 143-215.79 of the North Carolina General Statutes. Preventing NC DEQ from accessing property in order to evaluate or address contamination can in some cases result in the property owner being held responsible for addressing the contamination. In many cases those costs can be quite substantial. During the remedial investigation, sampling and other assessments are conducted to understand the nature and extent of contamination on the landfill property and surrounding properties. The assessment phase may include an environmental wetland study. If wetlands are present, the U.S. Army Corps of Engineers (USACE) would conduct a federal jurisdictional determination for the wetland. The USACE requires the property owner's signed consent for property access to conduct the determination. Once assessment activities have been completed, the next phase of work would include designing and implementing the appropriate control and mitigation measures to protect human health and/or the environment. I would like to arrange a meeting with you (over the phone or in person) to answer any questions you may have, develop a schedule for property access, and provide general information about what to expect during the assessment phase, typical remedial action plans, associated land use restrictions, and a notice of inactive hazardous substances or waste disposal site. Please sign the enclosed forms and return them within 10 days to: Kevin Kelt Pre -Regulatory Landfill Unit Special Remediation Branch, NC Superfund Section 1646 Mail Service Center Raleigh, NC 27699-1646 A pre -addressed and stamped envelope is enclosed for your convenience, or you may submit the signed documents electronically at the following email: Kevin.Kelt@ncdenr.gov. Please call me at (984) 800-2656 with any questions you have regarding this request. If you can only call after hours, you can leave a message with your phone number and a time you can be reached. Your cooperation will be very much appreciated. Sincerely, Kevin Kelt, P.G. Hydrogeologist Division of Waste Management, NCDEQ Enclosures: Owner Permission for Property Access Property Owner Consent to Land -Use Restrictions Proposed Sample Location Map CC: Jaclynne Drummond (NCDEQ - Solid Waste Section) E Q North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA - DenammemmEnvo-onme�luuail /� 919.707.8200 ROY COOPER Governor V ELIZABETH S. BISERSecretary tv MICHAEL SCOTT NORTH CAROLINA Director Environmental Quality Owner Permission for Property Access East Wake County LF ID# NONCD0000614 Janis K Thompson Heirs 0 Three Sisters Rd (1764778951) Wendell, Wake County, NC I/We own the above referenced property. I/We hereby grant permission to the State and the State's representatives to access my/our property to conduct an environmental investigation to evaluate potential public health and environmental hazards, resulting from past operations of an old unregulated landfill present on the property and, if necessary, to abate or control hazards posed by wastes and contaminated material by implementing a remedial action plan. The Division of Waste Management (Division) and its contractors are permitted to enter and have continued access to my Property. Examples of remedial investigation and remedial action activities include, but are not limited to the following: 1. Installation of monitoring wells for groundwater and/or landfill gas; 2. Taking soil, groundwater, surface water and/or landfill gas samples as may be necessary; 3. Delineating the waste boundary; and 4. Response actions and installation of remedial action measures (landfill cover system) to mitigate any threats to human health or the environment. I/We understand that: • The Division and its contractors shall attempt to perform any activities at the Property in a manner that minimizes interference with use of the Property. • All monitoring wells will be properly abandoned in accordance with applicable laws and regulations. • The Division will make reasonable attempts to notify you at least 48 hours prior to entering the Property for any purpose. The Division or its contractors shall have immediate access to the property for situations that the Division determines to be an emergency. D EQ�� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeePamnem of enriroamemai puai\ /* 919.707.8200 I/We understand prior to any abatement activities, the proposed remedy for the site and associated land use restrictions required to make the property safe will be discussed with all property owner representatives. Print Name of Property Owner/Corporation (Print) Signature Name of Property Owner/Corporation (Signature) Date Email address Phone number Return to: Kevin Kelt, Hydrogeologist Pre -Regulatory Landfill Unit Special Remediation Branch, NC Superfund Section Division of Waste Management North Carolina Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 This document may not be modified. D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 Property Owner Consent to Land -Use Restrictions Individual Ownership I, Janis K Thompson Heirs, owner of real property located at 0 Three Sisters Rd. Wendell, Wake County, North Carolina ("Property"), am agreeable to the imposition of Land -Use Restrictions ("Restrictions") on the Property partially or completely in lieu of remediation of hazardous substances to unrestricted -use levels. I understand and agree that I may refuse to consent upon review of the specific Restrictions proposed for the Property. <check the boxes that apply> ❑I am the sole owner of the Property holding fee simple title to the Property free, clear and unencumbered; There are non -financial encumbrances (utility easements, greenways, lease agreements, land -use restrictions, etc.) on the property. I have provided to the Superfund Section the names of all other persons that own an interest in or hold an encumbrance on the Property (Attachment A) and have notified such persons of my intention to record Restrictions on the Property; and, [if applicable] I understand that if other interest in, or encumbrances on, the Property conflict with the proposed Restrictions, the persons who own such interests or hold such encumbrances must agree to subordinate such interest or encumbrances to the Restrictions. The subordination agreement[s] is [are] included as Attachment B for reference. Signature of Owner Signatory's name typed or printed NORTH CAROLINAD_ E Q; oepam em or Fnmmnmemei aeai\ North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Three Sisters Ready Mix, LLC 512 Three Sisters Rd Knightdale, NC 27545 NORTH CAROLINA Environmental Quality March 9, 2022 Re: Request for Property Access and Consent to Land -Use Restrictions 512 Three Sisters Rd (1764757306) and 704 Three Sisters Rd (1764777296) Knightdale, Wake County, NC East Wake County LF Landfill ID # NONCD0000614 Dear Three Sisters Ready Mix LLC: Thank you for your continued cooperation in allowing the Pre -Regulatory Landfill (PRLF) Unit, Special Remediation Branch access to your property to perform assessment activities on the East Wake County LF. During the remedial investigation, sampling and other assessments are conducted to understand the nature and extent of contamination on the landfill property and surrounding properties. Additional assessment activities are needed to protect human health and the environment. This letter is to request your cooperation and permission to access your property in relation to the State conducting sampling and risk -based mitigation of environmental contamination on your property. From 2010 until present day, the Unit has conducted investigation work at the former landfill to determine the extents of contamination. Contaminants associated with the former land fill have been identified in groundwater and in soil vapor on properties adjacent to the above referenced parcel. The State would like to access your property in order to continue our efforts to delineate the vertical and horizontal extents of contamination. Please find enclosed a site map detailing the proposed sampling locations, as well as an estimated waste disposal area boundary. Instructions for accessing file records and reports are available at: https: [/deq.nc.gov/about/divisions/waste-management/superfund-section/sf-file-records Prior to the passage of North Carolina General Statute 130A-310.6(c) that created the PRLF Program, owners and operators of the landfill property and other responsible parties were obligated to fund any required assessment and abatement actions to address the public health and environmental hazards posed by these sites. Under the authorizing legislation, as long as owners fully cooperate with the State in its performance of this work and monies are available, the owner will not have to conduct the work at their expense. A state-wide disposal tax is used to pay for these expenses. Owner cooperation with contaminant assessment and implementation of remedial action mitigation measures includes, but is not limited to, granting access to the property, allowing installation of groundwater monitoring wells and landfill gas probes, allowing installation and maintenance of improvements to the landfill cap, allowing installation of security measures, agreeing to allow recordation of and compliance with land -use restrictions, and providing access to any records regarding the landfill. If a property owner or responsible party fails to fully cooperate with the DEQ �� North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparonent 0 puai\ /* 919.707.8200 assessment of the site and implementation of control and mitigation measures, the State may seek recovery for any costs incurred to address the site. Please note that NC DEQ staff are authorized to enter any property at reasonable times for the purpose of investigating a release of hazardous substances or the condition of any waters of the State, including groundwater, pursuant to sections 143-215.3(a) (2) and 143-215.79 of the North Carolina General Statutes. Preventing NC DEQ from accessing property in order to evaluate or address contamination can in some cases result in the property owner being held responsible for addressing the contamination. In many cases those costs can be quite substantial. I would like to arrange a meeting with you (over the phone or in person) to answer any questions you may have, develop a schedule for property access, and provide general information about what to expect during the assessment phase, typical remedial action plans, associated land use restrictions, and a notice of inactive hazardous substances or waste disposal site. Please sign the enclosed forms and return them within 10 days to: Kevin Kelt Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section 1646 Mail Service Center Raleigh, NC 27699-1646 A pre -addressed and stamped envelope is enclosed for your convenience, or you may submit the signed documents electronically at the following email: Kevin.Kelt@ncdenr.Sov. Please call me at (984) 800-2656 with any questions you have regarding this request. If you can only call after hours, you can leave a message with your phone number and a time you can be reached. Your cooperation will be very much appreciated. Sincerely, Kevin Kelt, P.G., Hydrogeologist Division of Waste Management, NCDEQ Enclosures: Owner Permission for Property Access Property Owner Consent to Land -Use Restrictions Proposed Sample Location Map CC: Jaclynne Drummond (NCDEQ - Solid Waste Section) E Q North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA - DenammemmEnvo-onme�luuail /� 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality Owner Permission for Property Access East Wake County LF ID# NONCDO000614 Three Sisters Ready Mix LLC. 512 Three Sisters Rd (1764757306) and 704 Three Sisters Rd (1764777296) Knightdale, Wake County, NC I/We own the above referenced property. I/We hereby grant permission to the State and the State's representatives to access my/our property to conduct an environmental investigation to evaluate potential public health and environmental hazards, resulting from past operations of an old unregulated landfill present on the property and, if necessary, to abate or control hazards posed by wastes and contaminated material by implementing a remedial action plan. The Division of Waste Management (Division) and its contractors are permitted to enter and have continued access to my Property. Examples of remedial investigation and remedial action activities include, but are not limited to the following: 1. Installation of monitoring wells for groundwater and/or landfill gas; 2. Taking soil, groundwater, surface water and/or landfill gas samples as may be necessary; 3. Delineating the waste boundary; and 4. Response actions and installation of remedial action measures (landfill cover system) to mitigate any threats to human health or the environment. I/We understand that: The Division and its contractors shall attempt to perform any activities at the Property in a manner that minimizes interference with use of the Property. All monitoring wells will be properly abandoned in accordance with applicable laws and regulations. The Division will make reasonable attempts to notify you at least 48 hours prior to entering the Property for any purpose. The Division or its contractors shall have immediate access to the property for situations that the Division determines to be an emergency. DEQ�� -iA North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeeaamaem of enriroamemai OuaiN /* 919.707.8200 I/We understand prior to any abatement activities, the proposed remedy for the site and associated land use restrictions required to make the property safe will be discussed with all property owner representatives. Print Name of Property Owner/Corporation (Print) Signature Name of Property Owner/Corporation (Signature) Date Email address Phone number Return to: Kevin Kelt, Hydrogeologist Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section Division of Waste Management North Carolina Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 This document may not be modified. D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 Property Owner Consent to Land -Use Restrictions Corporate Ownership Three Sisters Ready Mix LLC, the owner of real property located 512 Three Sisters Rd (1764757306) and 704 Three Sisters Rd (1764777296) Knightdale, Wake County, North Carolina ("Property"), hereby states that it is agreeable to the imposition of Land -Use Restrictions ("Restrictions") on the Property partially or completely in lieu of remediation of hazardous substances to unrestricted -use levels. Said corporation understands that it may refuse to consent upon review of the specific Restrictions proposed for the Property. <check the boxes that apply> The corporation holds fee simple title to the Property free, clear and unencumbered; tor] ❑There are non -financial encumbrances (utility easements, greenways, lease agreements, land -use restrictions, etc.) on the property. I have provided to the Superfund Section the names of all other persons that own an interest in or hold an encumbrance on the Property (Attachment A) and have notified such persons of my intention to record Restrictions on the Property; and, [if applicable] IDI understand that if other interest in, or encumbrances on, the Property conflict with the proposed Restrictions, the persons who own such interests or hold such encumbrances must agree to subordinate such interest or encumbrances to the Restrictions. The subordination agreement[s] is [are] included as Attachment B. Signature of Corporation Representative Signatory's name typed or printed Title D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Knightdale Athletic Club, LLC 112 Westminster Pike Reisterstown, MD 21136 NORTH CAROLINA Environmental Quality March 9, 2022 Re: Request for Property Access and Consent to Land -Use Restrictions 526 Three Sisters Rd (1764758644) Knightdale, Wake County, NC East Wake County LF Landfill ID # NONCD0000614 Dear Knightdale Athletic Club, LLC: Thank you for your continued cooperation in allowing the Pre -Regulatory Landfill (PRLF) Unit, Special Remediation Branch access to your property to perform assessment activities on the East Wake County LF. During the remedial investigation, sampling and other assessments are conducted to understand the nature and extent of contamination on the landfill property and surrounding properties. Additional assessment activities are needed to protect human health and the environment. This letter is to request your cooperation and permission to access your property in relation to the State conducting sampling and risk -based mitigation of environmental contamination on your property. From 2010 until present day, the Unit has conducted investigation work at the former landfill to determine the extents of contamination. Contaminants associated with the former land fill have been identified in groundwater and in soil vapor on properties adjacent to the above referenced parcel. The State would like to access your property in order to continue our efforts to delineate the vertical and horizontal extents of contamination. Please find enclosed a site map detailing the proposed sampling locations, as well as an estimated waste disposal area boundary. Instructions for accessing file records and reports are available at: https: [/deq.nc.gov/about/divisions/waste-management/superfund-section/sf-file-records Prior to the passage of North Carolina General Statute 130A-310.6(c) that created the PRLF Program, owners and operators of the landfill property and other responsible parties were obligated to fund any required assessment and abatement actions to address the public health and environmental hazards posed by these sites. Under the authorizing legislation, as long as owners fully cooperate with the State in its performance of this work and monies are available, the owner will not have to conduct the work at their expense. A state-wide disposal tax is used to pay for these expenses. Owner cooperation with contaminant assessment and implementation of remedial action mitigation measures includes, but is not limited to, granting access to the property, allowing installation of groundwater monitoring wells and landfill gas probes, allowing installation and maintenance of improvements to the landfill cap, allowing installation of security measures, agreeing to allow recordation of and compliance with land -use restrictions, and providing access to any records regarding the landfill. If a property owner or responsible party fails to fully cooperate with the DEQ �� North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparonent 0 puai\ /* 919.707.8200 assessment of the site and implementation of control and mitigation measures, the State may seek recovery for any costs incurred to address the site. Please note that NC DEQ staff are authorized to enter any property at reasonable times for the purpose of investigating a release of hazardous substances or the condition of any waters of the State, including groundwater, pursuant to sections 143-215.3(a) (2) and 143-215.79 of the North Carolina General Statutes. Preventing NC DEQ from accessing property in order to evaluate or address contamination can in some cases result in the property owner being held responsible for addressing the contamination. In many cases those costs can be quite substantial. I would like to arrange a meeting with you (over the phone or in person) to answer any questions you may have, develop a schedule for property access, and provide general information about what to expect during the assessment phase, typical remedial action plans, associated land use restrictions, and a notice of inactive hazardous substances or waste disposal site. Please sign the enclosed forms and return them within 10 days to: Kevin Kelt Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section 1646 Mail Service Center Raleigh, NC 27699-1646 A pre -addressed and stamped envelope is enclosed for your convenience, or you may submit the signed documents electronically at the following email: Kevin.KeltOncdenr.Sov. Please call me at (984) 800-2656 with any questions you have regarding this request. If you can only call after hours, you can leave a message with your phone number and a time you can be reached. Your cooperation will be very much appreciated. Sincerely, Kevin Kelt, P.G., Hydrogeologist Division of Waste Management, NCDEQ Enclosures: Owner Permission for Property Access Property Owner Consent to Land -Use Restrictions Proposed Sample Location Map CC: Jaclynne Drummond (NCDEQ - Solid Waste Section) E Q North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA - DenammemmEnvo-onme�luuail /� 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality Owner Permission for Property Access East Wake County LF ID# NONCDO000614 Knightdale Athletic Club, LLC. 526 Three Sisters Road (1764758644) Knightdale, Wake County, NC I/We own the above referenced property. I/We hereby grant permission to the State and the State's representatives to access my/our property to conduct an environmental investigation to evaluate potential public health and environmental hazards, resulting from past operations of an old unregulated landfill present on the property and, if necessary, to abate or control hazards posed by wastes and contaminated material by implementing a remedial action plan. The Division of Waste Management (Division) and its contractors are permitted to enter and have continued access to my Property. Examples of remedial investigation and remedial action activities include, but are not limited to the following: 1. Installation of monitoring wells for groundwater and/or landfill gas; 2. Taking soil, groundwater, surface water and/or landfill gas samples as may be necessary; 3. Delineating the waste boundary; and 4. Response actions and installation of remedial action measures (landfill cover system) to mitigate any threats to human health or the environment. I/We understand that: The Division and its contractors shall attempt to perform any activities at the Property in a manner that minimizes interference with use of the Property. All monitoring wells will be properly abandoned in accordance with applicable laws and regulations. The Division will make reasonable attempts to notify you at least 48 hours prior to entering the Property for any purpose. The Division or its contractors shall have immediate access to the property for situations that the Division determines to be an emergency. DE Q—iA North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeeaamaem of enriroamemai OuaiN /* 919.707.8200 I/We understand prior to any abatement activities, the proposed remedy for the site and associated land use restrictions required to make the property safe will be discussed with all property owner representatives. Print Name of Property Owner/Corporation (Print) Signature Name of Property Owner/Corporation (Signature) Date Email address Phone number Return to: Kevin Kelt, Hydrogeologist Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section Division of Waste Management North Carolina Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 This document may not be modified. D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 Property Owner Consent to Land -Use Restrictions Corporate Ownership Knightdale Athletic Club, LLC, the owner of real property located at 526 Three Sisters Road (1764758644), Knightdale, Wake County, North Carolina ("Property"), hereby states that it is agreeable to the imposition of Land -Use Restrictions ("Restrictions") on the Property partially or completely in lieu of remediation of hazardous substances to unrestricted -use levels. Said corporation understands that it may refuse to consent upon review of the specific Restrictions proposed for the Property. <check the boxes that apply> The corporation holds fee simple title to the Property free, clear and unencumbered; tor] ❑There are non -financial encumbrances (utility easements, greenways, lease agreements, land -use restrictions, etc.) on the property. I have provided to the Superfund Section the names of all other persons that own an interest in or hold an encumbrance on the Property (Attachment A) and have notified such persons of my intention to record Restrictions on the Property; and, [if applicable] IDI understand that if other interest in, or encumbrances on, the Property conflict with the proposed Restrictions, the persons who own such interests or hold such encumbrances must agree to subordinate such interest or encumbrances to the Restrictions. The subordination agreement[s] is [are] included as Attachment B. Signature of Corporation Representative Signatory's name typed or printed Title D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Bypass East LLC 901 Old Knight Road Knightdale, NC 27545 NORTH CAROLINA Environmental Quality March 9, 2022 Re: Request for Property Access and Consent to Land -Use Restrictions 532 Three Sisters Rd (1764758826) and 600 Three Sisters Rd (1764768036) Knightdale, Wake County, NC East Wake County LF Landfill ID # NONCD0000614 Dear Bypass East LLC: Thank you for your continued cooperation in allowing the Pre -Regulatory Landfill (PRLF) Unit, Special Remediation Branch access to your property to perform assessment activities on the East Wake County LF. During the remedial investigation, sampling and other assessments are conducted to understand the nature and extent of contamination on the landfill property and surrounding properties. Additional assessment activities are needed to protect human health and the environment. This letter is to request your cooperation and permission to access your property in relation to the State conducting sampling and risk -based mitigation of environmental contamination on your property. From 2010 until present day, the Unit has conducted investigation work at the former landfill to determine the extents of contamination. Contaminants associated with the former land fill have been identified in groundwater and in soil vapor on properties adjacent to the above referenced parcel. The State would like to access your property in order to continue our efforts to delineate the vertical and horizontal extents of contamination. Please find enclosed a site map detailing the proposed sampling locations, as well as an estimated waste disposal area boundary. Instructions for accessing file records and reports are available at: https: [/deq.nc.gov/about/divisions/waste-management/superfund-section/sf-file-records Prior to the passage of North Carolina General Statute 130A-310.6(c) that created the PRLF Program, owners and operators of the landfill property and other responsible parties were obligated to fund any required assessment and abatement actions to address the public health and environmental hazards posed by these sites. Under the authorizing legislation, as long as owners fully cooperate with the State in its performance of this work and monies are available, the owner will not have to conduct the work at their expense. A state-wide disposal tax is used to pay for these expenses. Owner cooperation with contaminant assessment and implementation of remedial action mitigation measures includes, but is not limited to, granting access to the property, allowing installation of groundwater monitoring wells and landfill gas probes, allowing installation and maintenance of improvements to the landfill cap, allowing installation of security measures, agreeing to allow recordation of and compliance with land -use restrictions, and providing access to any records regarding the landfill. If a property owner or responsible party fails to fully cooperate with the DEQ �� North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparonent 0 puai\ /* 919.707.8200 assessment of the site and implementation of control and mitigation measures, the State may seek recovery for any costs incurred to address the site. Please note that NC DEQ staff are authorized to enter any property at reasonable times for the purpose of investigating a release of hazardous substances or the condition of any waters of the State, including groundwater, pursuant to sections 143-215.3(a) (2) and 143-215.79 of the North Carolina General Statutes. Preventing NC DEQ from accessing property in order to evaluate or address contamination can in some cases result in the property owner being held responsible for addressing the contamination. In many cases those costs can be quite substantial. I would like to arrange a meeting with you (over the phone or in person) to answer any questions you may have, develop a schedule for property access, and provide general information about what to expect during the assessment phase, typical remedial action plans, associated land use restrictions, and a notice of inactive hazardous substances or waste disposal site. Please sign the enclosed forms and return them within 10 days to: Kevin Kelt Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section 1646 Mail Service Center Raleigh, NC 27699-1646 A pre -addressed and stamped envelope is enclosed for your convenience, or you may submit the signed documents electronically at the following email: Kevin.Kelt@ncdenr.Sov. Please call me at (984) 800-2656 with any questions you have regarding this request. If you can only call after hours, you can leave a message with your phone number and a time you can be reached. Your cooperation will be very much appreciated. Sincerely, Kevin Kelt, P.G., Hydrogeologist Division of Waste Management, NCDEQ Enclosures: Owner Permission for Property Access Property Owner Consent to Land -Use Restrictions Proposed Sample Location Map CC: Jaclynne Drummond (NCDEQ - Solid Waste Section) E Q North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA - DenammemmEnvo-onme�luuail /� 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality Owner Permission for Property Access East Wake County LF ID# NONCDO000614 Bypass East LLC. 532 Three Sisters Rd (1764758826) and 600 Three Sisters Rd (1764768036) Knightdale, Wake County, NC I/We own the above referenced property. I/We hereby grant permission to the State and the State's representatives to access my/our property to conduct an environmental investigation to evaluate potential public health and environmental hazards, resulting from past operations of an old unregulated landfill present on the property and, if necessary, to abate or control hazards posed by wastes and contaminated material by implementing a remedial action plan. The Division of Waste Management (Division) and its contractors are permitted to enter and have continued access to my Property. Examples of remedial investigation and remedial action activities include, but are not limited to the following: 1. Installation of monitoring wells for groundwater and/or landfill gas; 2. Taking soil, groundwater, surface water and/or landfill gas samples as may be necessary; 3. Delineating the waste boundary; and 4. Response actions and installation of remedial action measures (landfill cover system) to mitigate any threats to human health or the environment. I/We understand that: The Division and its contractors shall attempt to perform any activities at the Property in a manner that minimizes interference with use of the Property. All monitoring wells will be properly abandoned in accordance with applicable laws and regulations. The Division will make reasonable attempts to notify you at least 48 hours prior to entering the Property for any purpose. The Division or its contractors shall have immediate access to the property for situations that the Division determines to be an emergency. DEQ�� -iA North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeeaamaem of enriroamemai OuaiN /* 919.707.8200 I/We understand prior to any abatement activities, the proposed remedy for the site and associated land use restrictions required to make the property safe will be discussed with all property owner representatives. Print Name of Property Owner/Corporation (Print) Signature Name of Property Owner/Corporation (Signature) Date Email address Phone number Return to: Kevin Kelt, Hydrogeologist Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section Division of Waste Management North Carolina Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 This document may not be modified. D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 Property Owner Consent to Land -Use Restrictions Corporate Ownership Bypass East LLC, the owner of real property located 532 Three Sisters Rd (1764758826) and 600 Three Sisters Rd (1764768036) Knightdale, Wake County, North Carolina ("Property"), hereby states that it is agreeable to the imposition of Land -Use Restrictions ("Restrictions") on the Property partially or completely in lieu of remediation of hazardous substances to unrestricted -use levels. Said corporation understands that it may refuse to consent upon review of the specific Restrictions proposed for the Property. <check the boxes that apply> The corporation holds fee simple title to the Property free, clear and unencumbered; tor] ❑There are non -financial encumbrances (utility easements, greenways, lease agreements, land -use restrictions, etc.) on the property. I have provided to the Superfund Section the names of all other persons that own an interest in or hold an encumbrance on the Property (Attachment A) and have notified such persons of my intention to record Restrictions on the Property; and, [if applicable] IDI understand that if other interest in, or encumbrances on, the Property conflict with the proposed Restrictions, the persons who own such interests or hold such encumbrances must agree to subordinate such interest or encumbrances to the Restrictions. The subordination agreement[s] is [are] included as Attachment B. Signature of Corporation Representative Signatory's name typed or printed Title D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 ROY COOPERtv GovernorELIZABETH S. BISERSecretary MICHAEL SCOTT NORTH CAROLINA Director Environmental Quality March 9, 2022 Steeple Square Court Association, LLC 901 Old Knight Road Knightdale, NC 27545 Re: Request for Property Access and Consent to Land -Use Restrictions 616 Three Sisters Road (1764768739), 618 Three Sisters Road (1764778006), 608 Three Sisters Road (1764768336), and 0 Three Sisters Road (1764767569) Knightdale, Wake County, NC East Wake County LF Landfill ID # NONCD0000614 Dear Steeple Square Court Association, LLC: Thank you for your continued cooperation in allowing the Pre -Regulatory Landfill (PRLF) Unit, Special Remediation Branch access to your property to perform assessment activities on the East Wake County LF. During the remedial investigation, sampling and other assessments are conducted to understand the nature and extent of contamination on the landfill property and surrounding properties. Additional assessment activities are needed to protect human health and the environment. This letter is to request your cooperation and permission to access your property in relation to the State conducting sampling and risk -based mitigation of environmental contamination on your property. From 2010 until present day, the Unit has conducted investigation work at the former landfill to determine the extents of contamination. Contaminants associated with the former land fill have been identified in groundwater and in soil vapor on properties adjacent to the above referenced parcel. The State would like to access your property in order to continue our efforts to delineate the vertical and horizontal extents of contamination. Please find enclosed a site map detailing the proposed sampling locations, as well as an estimated waste disposal area boundary. Instructions for accessing file records and reports are available at: https: [/deq.nc.gov/about/divisions/waste-management/superfund-section/sf-file-records Prior to the passage of North Carolina General Statute 130A-310.6(c) that created the PRLF Program, owners and operators of the landfill property and other responsible parties were obligated to fund any required assessment and abatement actions to address the public health and environmental hazards posed by these sites. Under the authorizing legislation, as long as owners fully cooperate with the State in its performance of this work and monies are available, the owner will not have to conduct the work at their expense. A state-wide disposal tax is used to pay for these expenses. Owner cooperation with contaminant assessment and implementation of remedial action mitigation measures includes, but is not limited to, granting access to the property, allowing installation of groundwater monitoring wells and landfill gas probes, allowing installation and maintenance of improvements to the landfill cap, allowing installation of security measures, agreeing to allow recordation of and compliance with land -use restrictions, and providing access to any records DEQ �� North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparonent 0 puai\ /* 919.707.8200 regarding the landfill. If a property owner or responsible party fails to fully cooperate with the assessment of the site and implementation of control and mitigation measures, the State may seek recovery for any costs incurred to address the site. Please note that NC DEQ staff are authorized to enter any property at reasonable times for the purpose of investigating a release of hazardous substances or the condition of any waters of the State, including groundwater, pursuant to sections 143-215.3(a) (2) and 143-215.79 of the North Carolina General Statutes. Preventing NC DEQ from accessing property in order to evaluate or address contamination can in some cases result in the property owner being held responsible for addressing the contamination. In many cases those costs can be quite substantial. I would like to arrange a meeting with you (over the phone or in person) to answer any questions you may have, develop a schedule for property access, and provide general information about what to expect during the assessment phase, typical remedial action plans, associated land use restrictions, and a notice of inactive hazardous substances or waste disposal site. Please sign the enclosed forms and return them within 10 days to: Kevin Kelt Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section 1646 Mail Service Center Raleigh, NC 27699-1646 A pre -addressed and stamped envelope is enclosed for your convenience, or you may submit the signed documents electronically at the following email: Kevin.Kelt@ncdenr.gov. Please call me at (984) 800-2656 with any questions you have regarding this request. If you can only call after hours, you can leave a message with your phone number and a time you can be reached. Your cooperation will be very much appreciated. Sincerely, Kevin Kelt, P.G., Hydrogeologist Division of Waste Management, NCDEQ Enclosures: Owner Permission for Property Access Property Owner Consent to Land -Use Restrictions Proposed Sample Location Map CC: Jaclynne Drummond (NCDEQ - Solid Waste Section) E Q North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA - DenammemmEnvo-onme�luuail /� 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality Owner Permission for Property Access East Wake County LF ID# NONCDO000614 Steeple Square Court Association, LLC. 616 Three Sisters Road (1764768739), 618 Three Sisters Road (1764778006), 608 Three Sisters Road (1764768336), and 0 Three Sisters Road (1764767569) Knightdale, Wake County, NC I/We own the above referenced property. I/We hereby grant permission to the State and the State's representatives to access my/our property to conduct an environmental investigation to evaluate potential public health and environmental hazards, resulting from past operations of an old unregulated landfill present on the property and, if necessary, to abate or control hazards posed by wastes and contaminated material by implementing a remedial action plan. The Division of Waste Management (Division) and its contractors are permitted to enter and have continued access to my Property. Examples of remedial investigation and remedial action activities include, but are not limited to the following: 1. Installation of monitoring wells for groundwater and/or landfill gas; 2. Taking soil, groundwater, surface water and/or landfill gas samples as may be necessary; 3. Delineating the waste boundary; and 4. Response actions and installation of remedial action measures (landfill cover system) to mitigate any threats to human health or the environment. I/We understand that: The Division and its contractors shall attempt to perform any activities at the Property in a manner that minimizes interference with use of the Property. All monitoring wells will be properly abandoned in accordance with applicable laws and regulations. The Division will make reasonable attempts to notify you at least 48 hours prior to entering the Property for any purpose. The Division or its contractors shall have immediate access to the property for situations that the Division determines to be an emergency. DEQ�� -iA North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeeaamaem of enriroamemai OuaiN /* 919.707.8200 I/We understand prior to any abatement activities, the proposed remedy for the site and associated land use restrictions required to make the property safe will be discussed with all property owner representatives. Print Name of Property Owner/Corporation (Print) Signature Name of Property Owner/Corporation (Signature) Date Email address Phone number Return to: Kevin Kelt, Hydrogeologist Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section Division of Waste Management North Carolina Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 This document may not be modified. D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 Property Owner Consent to Land -Use Restrictions Corporate Ownership Steeple Square Court Association, LLC, the owner of real property located at 616 Three Sisters Road (1764768739), 618 Three Sisters Road (1764778006), 608 Three Sisters Road (1764768336), and 0 Three Sisters Road (1764767569), Knightdale, Wake County, North Carolina ("Property"), hereby states that it is agreeable to the imposition of Land -Use Restrictions ("Restrictions") on the Property partially or completely in lieu of remediation of hazardous substances to unrestricted -use levels. Said corporation understands that it may refuse to consent upon review of the specific Restrictions proposed for the Property. <check the boxes that apply> The corporation holds fee simple title to the Property free, clear and unencumbered; tor] There are non -financial encumbrances (utility easements, greenways, lease agreements, land -use restrictions, etc.) on the property. I have provided to the Superfund Section the names of all other persons that own an interest in or hold an encumbrance on the Property (Attachment A) and have notified such persons of my intention to record Restrictions on the Property; and, [if applicable] IDI understand that if other interest in, or encumbrances on, the Property conflict with the proposed Restrictions, the persons who own such interests or hold such encumbrances must agree to subordinate such interest or encumbrances to the Restrictions. The subordination agreement[s] is [are] included as Attachment B. Signature of Corporation Representative Signatory's name typed or printed Title D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 ROY COOPER Governor lktv ELIZABETH S. BISERSecretary MICHAEL SCOTT NORTH CAROLINA Director Environmental Quality March 9, 2022 Elohim Properties LLC. PO Box 314. Knightdale, NC 27545-0314 Re: Request for Property Access and Consent to Land -Use Restrictions 720 Three Sisters Rd (1764778447) Knightdale, Wake County, NC East Wake County LF Landfill ID # NONCD0000614 Dear Gregory Charles Jarrell / Aspen Investment Inc.: The North Carolina General Assembly created a program to assess and remedy public health and environmental hazards posed by old landfills and dumps that existed before there were regulations preventing hazardous materials dumping. The Pre -Regulatory Landfill (PRLF) Unit in the Special Remediation Branch oversees this program. This letter is to make you aware of this program and to request your cooperation in relation to the State conducting sampling and risk -based mitigation of environmental contamination that may exist on your property. From 2010 until present day, the Unit has conducted investigation work at the former landfill to determine the extents of contamination. Contaminants associated with the former land fill have been identified in groundwater and in soil vapor on properties adjacent to the above referenced parcel. The State would like to access your property in order to continue our efforts to delineate the vertical and horizontal extents of contamination. Please find enclosed a site map detailing the proposed sampling locations, as well as an estimate of waste disposal areas. Instructions for accessing file records and reports are available at: https: [/deq.nc.gov/about/divisions/waste-management/superfund-section/sf-file-records Prior to the passage of North Carolina General Statute 130A-310.6(c) that created the PRLF Program, owners and operators of the landfill property and other responsible parties were obligated to fund any required assessment and abatement actions to address the public health and environmental hazards posed by these sites. Under the authorizing legislation, if owners fully cooperate with the State in its performance of this work and monies are available, the owner will not have to conduct the work at their expense. A state-wide disposal tax is used to pay for these expenses. Owner cooperation with contaminant assessment and implementation of remedial action mitigation measures includes, but is not limited to, granting access to the property, allowing installation of groundwater monitoring wells and landfill gas probes, allowing installation and maintenance of improvements to the landfill cap, allowing installation of security measures, agreeing to allow recordation of and compliance with land -use restrictions, and providing access to any records regarding the landfill. If a property owner or responsible party fails to fully cooperate with the assessment of the site and implementation of control and mitigation measures, the State may seek recovery for any costs incurred to address the site. D EQ�� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeePamnem of enriroamemai puai\ /* 919.707.8200 Please note that NC DEQ staff are authorized to enter any property at reasonable times for the purpose of investigating a release of hazardous substances or the condition of any waters of the State, including groundwater, pursuant to sections 143-215.3(a) (2) and 143-215.79 of the North Carolina General Statutes. Preventing NC DEQ from accessing property in order to evaluate or address contamination can in some cases result in the property owner being held responsible for addressing the contamination. In many cases those costs can be quite substantial. During the remedial investigation, sampling and other assessments are conducted to understand the nature and extent of contamination on the landfill property and surrounding properties. The assessment phase may include an environmental wetland study. If wetlands are present, the U.S. Army Corps of Engineers (USACE) would conduct a federal jurisdictional determination for the wetland. The USACE requires the property owner's signed consent for property access to conduct the determination. Once assessment activities have been completed, the next phase of work would include designing and implementing the appropriate control and mitigation measures to protect human health and/or the environment. I would like to arrange a meeting with you (over the phone or in person) to answer any questions you may have, develop a schedule for property access, and provide general information about what to expect during the assessment phase, typical remedial action plans, associated land use restrictions, and a notice of inactive hazardous substances or waste disposal site. Please sign the enclosed forms and return them within 10 days to: Kevin Kelt Pre -Regulatory Landfill Unit Special Remediation Branch, NC Superfund Section 1646 Mail Service Center Raleigh, NC 27699-1646 A pre -addressed and stamped envelope is enclosed for your convenience, or you may submit the signed documents electronically at the following email: Kevin.Kelt@ncdenr.gov. Please call me at (984) 800-2656 with any questions you have regarding this request. If you can only call after hours, you can leave a message with your phone number and a time you can be reached. Your cooperation will be very much appreciated. Sincerely, Kevin Kelt, P.G. Hydrogeologist Division of Waste Management, NCDEQ Enclosures: Owner Permission for Property Access Property Owner Consent to Land -Use Restrictions Proposed Sample Location Map CC: Jaclynne Drummond (NCDEQ - Solid Waste Section) E Q North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA - DenammemmEnvo-onme�luuail /� 919.707.8200 ROY COOPER Governor V ELIZABETH S. BISERSecretary tv MICHAEL SCOTT NORTH CAROLINA Director Environmental Quality Owner Permission for Property Access East Wake County LF ID# NONCD0000614 Elohim Properties LLC. 720 Three Sisters Rd (1764778447) Knightdale, Wake County, NC I/We own the above referenced property. I/We hereby grant permission to the State and the State's representatives to access my/our property to conduct an environmental investigation to evaluate potential public health and environmental hazards, resulting from past operations of an old unregulated landfill present on the property and, if necessary, to abate or control hazards posed by wastes and contaminated material by implementing a remedial action plan. The Division of Waste Management (Division) and its contractors are permitted to enter and have continued access to my Property. Examples of remedial investigation and remedial action activities include, but are not limited to the following: 1. Installation of monitoring wells for groundwater and/or landfill gas; 2. Taking soil, groundwater, surface water and/or landfill gas samples as may be necessary; 3. Delineating the waste boundary; and 4. Response actions and installation of remedial action measures (landfill cover system) to mitigate any threats to human health or the environment. I/We understand that: • The Division and its contractors shall attempt to perform any activities at the Property in a manner that minimizes interference with use of the Property. • All monitoring wells will be properly abandoned in accordance with applicable laws and regulations. • The Division will make reasonable attempts to notify you at least 48 hours prior to entering the Property for any purpose. The Division or its contractors shall have immediate access to the property for situations that the Division determines to be an emergency. D EQ�� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeePamnem of enriroamemai puai\ /* 919.707.8200 I/We understand prior to any abatement activities, the proposed remedy for the site and associated land use restrictions required to make the property safe will be discussed with all property owner representatives. Print Name of Property Owner/Corporation (Print) Signature Name of Property Owner/Corporation (Signature) Date Email address Phone number Return to: Kevin Kelt, Hydrogeologist Pre -Regulatory Landfill Unit Special Remediation Branch, NC Superfund Section Division of Waste Management North Carolina Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 This document may not be modified. D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 Property Owner Consent to Land -Use Restrictions Corporate Ownership Elohim Properties LLC., the owner of real property located at 720 Three Sisters Rd. Knightdale, Wake County, North Carolina ("Property"), hereby states that it is agreeable to the imposition of Land -Use Restrictions ("Restrictions") on the Property partially or completely in lieu of remediation of hazardous substances to unrestricted -use levels. Said corporation understands that it may refuse to consent upon review of the specific Restrictions proposed for the Property. <check the boxes that apply> The corporation holds fee simple title to the Property free, clear and unencumbered; tor] There are non -financial encumbrances (utility easements, greenways, lease agreements, land -use restrictions, etc.) on the property. I have provided to the Superfund Section the names of all other persons that own an interest in or hold an encumbrance on the Property (Attachment A) and have notified such persons of my intention to record Restrictions on the Property; and, [if applicable] ElI understand that if other interest in, or encumbrances on, the Property conflict with the proposed Restrictions, the persons who own such interests or hold such encumbrances must agree to subordinate such interest or encumbrances to the Restrictions. The subordination agreement[s] is [are] included as Attachment B. Signature of Corporation Representative Signatory's name typed or printed Title D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Ms. Carolynn Knott 933 Three Sisters Road Knightdale, NC 27545 NORTH CAROLINA Environmental Quality March 9, 2022 Re: Request for Property Access and Consent to Land -Use Restrictions 725 Three Sisters Road /1764750977 Knightdale, Wake County, NC East Wake County LF Landfill ID # NONCD0000614 Dear Ms. Knott: Thank you for your continued cooperation in allowing the Pre -Regulatory Landfill Unit, Special Remediation Branch access to your property to perform assessment activities on the East Wake County LF. During the remedial investigation, sampling and other assessments are conducted to understand the nature and extent of contamination on the landfill property and surrounding properties. Additional assessment activities are needed to protect human health and the environment. This letter is to request your cooperation and permission to access your property in relation to the State conducting sampling and risk -based mitigation of environmental contamination on your property. Please find enclosed a site map detailing the proposed sampling locations. Prior to the passage of North Carolina General Statute 130A-310.6(c) that created the PRLF Program, owners and operators of the landfill property and other responsible parties were obligated to fund any required assessment and abatement actions to address the public health and environmental hazards posed by these sites. Under the authorizing legislation, as long as owners fully cooperate with the State in its performance of this work and monies are available, the owner will not have to conduct the work at their expense. A state-wide disposal tax is used to pay for these expenses. Owner cooperation with contaminant assessment and implementation of remedial action mitigation measures includes, but is not limited to, granting access to the property, allowing installation of groundwater monitoring wells and landfill gas probes, allowing installation and maintenance of improvements to the landfill cap, allowing installation of security measures, agreeing to allow recordation of and compliance with land -use restrictions, and providing access to any records regarding the landfill. If a property owner or responsible party fails to fully cooperate with the assessment of the site and implementation of control and mitigation measures, the State may seek recovery for any costs incurred to address the site. Please note that NC DEQ staff are authorized to enter any property at reasonable times for the purpose of investigating a release of hazardous substances or the condition of any waters of the State, including groundwater, pursuant to sections 143-215.3(a)(2) and 143-215.79 of the North Carolina General Statutes. Preventing NC DEQ from accessing property in order to evaluate or address DEQ �� North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparonent 0 puai\ /* 919.707.8200 contamination can in some cases result in the property owner being held responsible for addressing the contamination. In many cases those costs can be quite substantial. I would like to arrange a meeting with you (over the phone or in person) to answer any questions you may have, develop a schedule for property access, and provide general information about what to expect during the assessment phase, typical remedial action plans, associated land use restrictions, and a notice of inactive hazardous substances or waste disposal site. Please sign the enclosed forms and return them within 10 days to: Kevin Kelt Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section 1646 Mail Service Center Raleigh, NC 27699-1646 A pre -addressed and stamped envelope is enclosed for your convenience, or you may submit the signed documents electronically at the following email: Kevin.KeltOncdenr.gov. Please call me at (984) 800-2656 with any questions you have regarding this request. If you can only call after hours, you can leave a message with your phone number and a time you can be reached. Your cooperation will be very much appreciated. Sincerely, Kevin Kelt, P.G., Hydrogeologist Division of Waste Management, NCDEQ Enclosures: Owner Permission for Property Access Property Owner Consent to Land -Use Restrictions Proposed Sample Location Map CC: Jaclynne Drummond (NCDEQ - Solid Waste Section) D North Carolina Department of Environmental Quality I Division of Waste Management E QJ� 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmro�mem lQusi�� 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality Owner Permission for Property Access East Wake County LF ID# NONCDO000614 Ms. Carolynn Knott 725 Three Sisters Road /1764750977 Knightdale, Wake County, NC I/We own the above referenced property. I/We hereby grant permission to the State and the State's representatives to access my/our property to conduct an environmental investigation to evaluate potential public health and environmental hazards, resulting from past operations of an old unregulated landfill present on the property and, if necessary, to abate or control hazards posed by wastes and contaminated material by implementing a remedial action plan. The Division of Waste Management (Division) and its contractors are permitted to enter and have continued access to my Property. Examples of remedial investigation and remedial action activities include, but are not limited to the following: 1. Installation of monitoring wells for groundwater and/or landfill gas; 2. Taking soil, groundwater, surface water and/or landfill gas samples as may be necessary; 3. Delineating the waste boundary; and 4. Response actions and installation of remedial action measures (landfill cover system) to mitigate any threats to human health or the environment. I/We understand that: The Division and its contractors shall attempt to perform any activities at the Property in a manner that minimizes interference with use of the Property. All monitoring wells will be properly abandoned in accordance with applicable laws and regulations. The Division will make reasonable attempts to notify you at least 48 hours prior to entering the Property for any purpose. The Division or its contractors shall have immediate access to the property for situations that the Division determines to be an emergency. DEQ�� -iA North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeeaamaem of enriroamemai OuaiN /* 919.707.8200 I/We understand prior to any abatement activities, the proposed remedy for the site and associated land use restrictions required to make the property safe will be discussed with all property owner representatives. Print Name of Property Owner/Corporation (Print) Signature Name of Property Owner/Corporation (Signature) Date Email address Phone number Return to: Kevin Kelt, Hydrogeologist Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section Division of Waste Management North Carolina Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 This document may not be modified. D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 Property Owner Consent to Land -Use Restrictions Corporate Ownership Carolynn Properties LLC, the owner of real property located at 725 Three Sisters Road, Knightdale, Wake County, North Carolina ("Property"), hereby states that it is agreeable to the imposition of Land -Use Restrictions ("Restrictions") on the Property partially or completely in lieu of remediation of hazardous substances to unrestricted -use levels. Said corporation understands that it may refuse to consent upon review of the specific Restrictions proposed for the Property. <check the boxes that apply> The corporation holds fee simple title to the Property free, clear and unencumbered; tor] There are non -financial encumbrances (utility easements, greenways, lease agreements, land -use restrictions, etc.) on the property. I have provided to the Superfund Section the names of all other persons that own an interest in or hold an encumbrance on the Property (Attachment A) and have notified such persons of my intention to record Restrictions on the Property; and, [if applicable] IDI understand that if other interest in, or encumbrances on, the Property conflict with the proposed Restrictions, the persons who own such interests or hold such encumbrances must agree to subordinate such interest or encumbrances to the Restrictions. The subordination agreement[s] is [are] included as Attachment B. Signature of Corporation Representative Signatory's name typed or printed Title NORTH CAROLINAD_ E Q; oepam em or Fnmmnmemei aeai\ North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality March 9, 2022 Gregory Charles Jarrell / Aspen Investment Inc. 8130 Habersham Waters Rd, Sandy Spring, GA 30350-4609 Re: Request for Property Access and Consent to Land -Use Restrictions 728 Three Sisters Rd (1764777743) Wendell, Wake County, NC East Wake County LF Landfill ID # NONCD0000614 Dear Gregory Charles Jarrell / Aspen Investment Inc.: The North Carolina General Assembly created a program to assess and remedy public health and environmental hazards posed by old landfills and dumps that existed before there were regulations preventing hazardous materials dumping. The Pre -Regulatory Landfill (PRLF) Unit in the Special Remediation Branch oversees this program. This letter is to make you aware of this program and to request your cooperation in relation to the State conducting sampling and risk -based mitigation of environmental contamination that may exist on your property. From 2010 until present day, the Unit has conducted investigation work at the former landfill to determine the extents of contamination. Contaminants associated with the former land fill have been identified in groundwater and in soil vapor on properties adjacent to the above referenced parcel. The State would like to access your property in order to continue our efforts to delineate the vertical and horizontal extents of contamination. Please find enclosed a site map detailing the proposed sampling locations, as well as an estimate of waste disposal areas. Instructions for accessing file records and reports are available at: https: I Ideq.nc.gov/about/divisions(waste-managementI sup erfund-section/sf-file-records Prior to the passage of North Carolina General Statute 130A-310.6(c) that created the PRLF Program, owners and operators of the landfill property and other responsible parties were obligated to fund any required assessment and abatement actions to address the public health and environmental hazards posed by these sites. Under the authorizing legislation, if owners fully cooperate with the State in its performance of this work and monies are available, the owner will not have to conduct the work at their expense. A state-wide disposal tax is used to pay for these expenses. Owner cooperation with contaminant assessment and implementation of remedial action mitigation measures includes, but is not limited to, granting access to the property, allowing installation of groundwater monitoring wells and landfill gas probes, allowing installation and maintenance of improvements to the landfill cap, allowing installation of security measures, agreeing to allow recordation of and compliance with land -use restrictions, and providing access to any records regarding the landfill. If a property owner or responsible party fails to fully cooperate with the assessment of the site and implementation of control and mitigation measures, the State may seek recovery for any costs incurred to address the site. D EQ�� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeePamnem of enriroamemai puai\ /* 919.707.8200 Please note that NC DEQ staff are authorized to enter any property at reasonable times for the purpose of investigating a release of hazardous substances or the condition of any waters of the State, including groundwater, pursuant to sections 143-215.3(a) (2) and 143-215.79 of the North Carolina General Statutes. Preventing NC DEQ from accessing property in order to evaluate or address contamination can in some cases result in the property owner being held responsible for addressing the contamination. In many cases those costs can be quite substantial. During the remedial investigation, sampling and other assessments are conducted to understand the nature and extent of contamination on the landfill property and surrounding properties. The assessment phase may include an environmental wetland study. If wetlands are present, the U.S. Army Corps of Engineers (USACE) would conduct a federal jurisdictional determination for the wetland. The USACE requires the property owner's signed consent for property access to conduct the determination. Once assessment activities have been completed, the next phase of work would include designing and implementing the appropriate control and mitigation measures to protect human health and/or the environment. I would like to arrange a meeting with you (over the phone or in person) to answer any questions you may have, develop a schedule for property access, and provide general information about what to expect during the assessment phase, typical remedial action plans, associated land use restrictions, and a notice of inactive hazardous substances or waste disposal site. Please sign the enclosed forms and return them within 10 days to: Kevin Kelt Pre -Regulatory Landfill Unit Special Remediation Branch, NC Superfund Section 1646 Mail Service Center Raleigh, NC 27699-1646 A pre -addressed and stamped envelope is enclosed for your convenience, or you may submit the signed documents electronically at the following email: Kevin.Kelt@ncdenr.gov. Please call me at (984) 800-2656 with any questions you have regarding this request. If you can only call after hours, you can leave a message with your phone number and a time you can be reached. Your cooperation will be very much appreciated. Sincerely, Kevin Kelt, P.G. Hydrogeologist Division of Waste Management, NCDEQ Enclosures: Owner Permission for Property Access Property Owner Consent to Land -Use Restrictions Proposed Sample Location Map CC: Jaclynne Drummond (NCDEQ - Solid Waste Section) E Q North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA - DenammemmEnvo-onme�luuail /� 919.707.8200 ROY COOPER Governor V ELIZABETH S. BISERSecretary tv MICHAEL SCOTT NORTH CAROLINA Director Environmental Quality Owner Permission for Property Access East Wake County LF ID# NONCD0000614 Gregory Charles Jarrell / Aspen Investments Inc. 728 Three Sisters Rd (1764777743) Wendell, Wake County, NC I/We own the above referenced property. I/We hereby grant permission to the State and the State's representatives to access my/our property to conduct an environmental investigation to evaluate potential public health and environmental hazards, resulting from past operations of an old unregulated landfill present on the property and, if necessary, to abate or control hazards posed by wastes and contaminated material by implementing a remedial action plan. The Division of Waste Management (Division) and its contractors are permitted to enter and have continued access to my Property. Examples of remedial investigation and remedial action activities include, but are not limited to the following: 1. Installation of monitoring wells for groundwater and/or landfill gas; 2. Taking soil, groundwater, surface water and/or landfill gas samples as may be necessary; 3. Delineating the waste boundary; and 4. Response actions and installation of remedial action measures (landfill cover system) to mitigate any threats to human health or the environment. I/We understand that: • The Division and its contractors shall attempt to perform any activities at the Property in a manner that minimizes interference with use of the Property. • All monitoring wells will be properly abandoned in accordance with applicable laws and regulations. • The Division will make reasonable attempts to notify you at least 48 hours prior to entering the Property for any purpose. The Division or its contractors shall have immediate access to the property for situations that the Division determines to be an emergency. D EQ�� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeePamnem of enriroamemai puai\ /* 919.707.8200 I/We understand prior to any abatement activities, the proposed remedy for the site and associated land use restrictions required to make the property safe will be discussed with all property owner representatives. Print Name of Property Owner/Corporation (Print) Signature Name of Property Owner/Corporation (Signature) Date Email address Phone number Return to: Kevin Kelt, Hydrogeologist Pre -Regulatory Landfill Unit Special Remediation Branch, NC Superfund Section Division of Waste Management North Carolina Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 This document may not be modified. D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 Property Owner Consent to Land -Use Restrictions Corporate Ownership Gregory Charles Jarrell / Aspen Investment Inc., the owner of real property located at 728 Three Sisters Rd, Wendell, Wake County, North Carolina ("Property"), hereby states that it is agreeable to the imposition of Land -Use Restrictions ("Restrictions") on the Property partially or completely in lieu of remediation of hazardous substances to unrestricted -use levels. Said corporation understands that it may refuse to consent upon review of the specific Restrictions proposed for the Property. <check the boxes that apply> The corporation holds fee simple title to the Property free, clear and unencumbered; tor] There are non -financial encumbrances (utility easements, greenways, lease agreements, land -use restrictions, etc.) on the property. I have provided to the Superfund Section the names of all other persons that own an interest in or hold an encumbrance on the Property (Attachment A) and have notified such persons of my intention to record Restrictions on the Property; and, [if applicable] I understand that if other interest in, or encumbrances on, the Property conflict with the proposed Restrictions, the persons who own such interests or hold such encumbrances must agree to subordinate such interest or encumbrances to the Restrictions. The subordination agreement[s] is [are] included as Attachment B. Signature of Corporation Representative Signatory's name typed or printed Title NORTH CAROLINAD_ E Q; oepam em or Fnmmnmemei aeai\ North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Mr. James Ervin Rigsbee 8704 Knightdale Blvd Knightdale, NC 27545 NORTH CAROLINA Environmental Quality March 9, 2022 Re: Request for Property Access and Consent to Land -Use Restrictions 8704 Knightdale Blvd /1764568472 Knightdale, Wake County, NC East Wake County LF Landfill ID # NONCD0000614 Dear Mr. Rigsbee: Thank you for your continued cooperation in allowing the Pre -Regulatory Landfill Unit, Special Remediation Branch access to your property to perform assessment activities on the East Wake County LF. During the remedial investigation, sampling and other assessments are conducted to understand the nature and extent of contamination on the landfill property and surrounding properties. Additional assessment activities are needed to protect human health and the environment. This letter is to request your cooperation and permission to access your property in relation to the State conducting sampling and risk -based mitigation of environmental contamination on your property. Please find enclosed a site map detailing the proposed sampling locations. Prior to the passage of North Carolina General Statute 130A-310.6(c) that created the PRLF Program, owners and operators of the landfill property and other responsible parties were obligated to fund any required assessment and abatement actions to address the public health and environmental hazards posed by these sites. Under the authorizing legislation, as long as owners fully cooperate with the State in its performance of this work and monies are available, the owner will not have to conduct the work at their expense. A state-wide disposal tax is used to pay for these expenses. Owner cooperation with contaminant assessment and implementation of remedial action mitigation measures includes, but is not limited to, granting access to the property, allowing installation of groundwater monitoring wells and landfill gas probes, allowing installation and maintenance of improvements to the landfill cap, allowing installation of security measures, agreeing to allow recordation of and compliance with land -use restrictions, and providing access to any records regarding the landfill. If a property owner or responsible party fails to fully cooperate with the assessment of the site and implementation of control and mitigation measures, the State may seek recovery for any costs incurred to address the site. Please note that NC DEQ staff are authorized to enter any property at reasonable times for the purpose of investigating a release of hazardous substances or the condition of any waters of the State, including groundwater, pursuant to sections 143-215.3(a)(2) and 143-215.79 of the North Carolina General Statutes. Preventing NC DEQ from accessing property in order to evaluate or address DEQ �� North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparonent 0 puai\ /* 919.707.8200 contamination can in some cases result in the property owner being held responsible for addressing the contamination. In many cases those costs can be quite substantial. I would like to arrange a meeting with you (over the phone or in person) to answer any questions you may have, develop a schedule for property access, and provide general information about what to expect during the assessment phase, typical remedial action plans, associated land use restrictions, and a notice of inactive hazardous substances or waste disposal site. Please sign the enclosed forms and return them within 10 days to: Kevin Kelt Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section 1646 Mail Service Center Raleigh, NC 27699-1646 A pre -addressed and stamped envelope is enclosed for your convenience, or you may submit the signed documents electronically at the following email: Kevin.KeltOncdenr.gov. Please call me at (984) 800-2656 with any questions you have regarding this request. If you can only call after hours, you can leave a message with your phone number and a time you can be reached. Your cooperation will be very much appreciated. Sincerely, Kevin Kelt, P.G., Hydrogeologist Division of Waste Management, NCDEQ Enclosures: Owner Permission for Property Access Property Owner Consent to Land -Use Restrictions Proposed Sample Location Map CC: Jaclynne Drummond (NCDEQ - Solid Waste Section) D North Carolina Department of Environmental Quality I Division of Waste Management E QJ� 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmro�mem lQusi�� 919.707.8200 ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Mr. James Ervin Rigsbee 8704 Knightdale Blvd Knightdale, NC 27545 NORTH CAROLINA Environmental Quality Owner Permission for Property Access East Wake County LF ID# NONCDO000614 I/We own the above referenced property. I/We hereby grant permission to the State and the State's representatives to access my/our property to conduct an environmental investigation to evaluate potential public health and environmental hazards, resulting from past operations of an old unregulated landfill present on the property and, if necessary, to abate or control hazards posed by wastes and contaminated material by implementing a remedial action plan. The Division of Waste Management (Division) and its contractors are permitted to enter and have continued access to my Property. Examples of remedial investigation and remedial action activities include, but are not limited to the following: 1. Installation of monitoring wells for groundwater and/or landfill gas; 2. Taking soil, groundwater, surface water and/or landfill gas samples as may be necessary; 3. Delineating the waste boundary; and 4. Response actions and installation of remedial action measures (landfill cover system) to mitigate any threats to human health or the environment. I/We understand that: • The Division and its contractors shall attempt to perform any activities at the Property in a manner that minimizes interference with use of the Property. • All monitoring wells will be properly abandoned in accordance with applicable laws and regulations. • The Division will make reasonable attempts to notify you at least 48 hours prior to entering the Property for any purpose. The Division or its contractors shall have immediate access to the property for situations that the Division determines to be an emergency. DEQ�� -iA North Carolina Department of Environmental Quality I Division of Waste Management _ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeeaamaem of enriroamemai OuaiN /* 919.707.8200 I/We understand prior to any abatement activities, the proposed remedy for the site and associated land use restrictions required to make the property safe will be discussed with all property owner representatives. Print Name of Property Owner/Corporation (Print) Signature Name of Property Owner/Corporation (Signature) Date Email address Phone number Return to: Kevin Kelt, Hydrogeologist Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section Division of Waste Management North Carolina Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 This document may not be modified. D E QJ� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 NORTH CAROLINA oeparo emmEnmronmem lQusifty /� 919.707.8200 Property Owner Consent to Land -Use Restrictions Individual Ownership I, James Ervin Rigsbee, owner of real property located at 8704 Knightdale Blvd Knightdale, Wake County, North Carolina ("Property"), am agreeable to the imposition of Land -Use Restrictions ("Restrictions") on the Property partially or completely in lieu of remediation of hazardous substances to unrestricted -use levels. I understand and agree that I may refuse to consent upon review of the specific Restrictions proposed for the Property. <check the boxes that apply> ❑I am the sole owner of the Property holding fee simple title to the Property free, clear and unencumbered; ❑There are non -financial encumbrances (utility easements, greenways, lease agreements, land -use restrictions, etc.) on the property. I have provided to the Superfund Section the names of all other persons that own an interest in or hold an encumbrance on the Property (Attachment A) and have notified such persons of my intention to record Restrictions on the Property; and, [if applicable] I understand that if other interest in, or encumbrances on, the Property conflict with the proposed Restrictions, the persons who own such interests or hold such encumbrances must agree to subordinate such interest or encumbrances to the Restrictions. The subordination agreement[s] is [are] included as Attachment B for reference. Signature of Owner Signatory's name typed or printed NORTH CAROLINAD_E Q�� oepam em or Fnmmnmemei aeai\� North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200