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NEWS- D-Day: Dump clean-up deadline looms, worries neighbors


Published December 20, 2007 in issue 0651 of the Hook


Can this junkyard be cleaned?
PHOTO BY JEN FARIELLO
A massive fire that could seen for miles away three years ago brought public scrutiny to a junkyard in elegant Cismont that Albemarle County had for years mistakenly said was grandfathered-- despite neighbors' complaints dating back to 1976.

Owners Cecil and Doris Gardner have until December 30 to clean up their 16-acre former dumping ground, and some neighbors are worried that isn't going to happen.

"I seriously doubt that," says Campbell Road neighbor Ann Fox.

"This is kind of a critical time with the dump," says Pat Napoleon. "I don't have a good feeling about it. We've been promised they'd restore the land to pre-dump condition."

Of further concern to Napoleon: Department of Environmental Quality testing shows higher levels of arsenic in the soil, as well as "hydrocarbon byproducts," according to a DEQ report. 

When petroleum products such as tires are burned, a benzene ring is left, says Jed Pascarella at the DEQ.  Benzene is a carcinogen, but is not a concern at the levels found at the Gardners, he says.

Nor are the elevated levels of arsenic, which occurs naturally in the soil. "The arsenic concentration is higher than residential and industrial levels, says Pascarella, but such levels are within normal ranges of what can occur naturally in soils.

The DEQ also took water samples from the wells of the Gardners and surrounding homeowners.  "We haven't found anything of concern," says Pascarella.

Napoleon is not reassured. "I'm concerned about the benzene component," she says. "It's certainly not normal for benzene to be in the soil."

And she worries that the property will be left in a "blighted" condition. Keswick is "a pretty upscale area," says Napoleon, "so it's out of character to have a dump."

Nor is she confident about the county's ability to oversee the cleanup, given its 30-year history with the Gardners. She calls Albemarle to task for its blunder in assuming the dump was grandfathered and then allowing the junkyard to grow over the years, despite complaints from neighbors and a 1984 tire fire after such a complaint. 

Building and zoning services manager Amelia McCulley acknowledges that the county erred in allowing the accumulation of debris to continue "many, many years" and by mistakenly treating the junkyard as pre-existing before zoning regulations went into effect in 1969.

"Under my watch, after the fire in 2005," says McCulley, "I made the decision it was a violation and it was not grandfathered."

The county performs monthly inspections on the cleanup and emails progress reports. The December 6 report notes that the property owners stated that three truckloads of debris, two trailers of wood, and over 2,500 tons of metal had been removed.

McCulley thinks it's premature to fret about what will happen if the property isn't cleaned up by the deadline, and she quotes from the county's monthly progress report: 

"Because the deadline has not past yet, it is too early to know whether it will be met or not. We will conduct an on-site inspection within the first week of 2008 to determine if the site is in compliance. If it is determined that the site is not in compliance, staff will initiate an action plan to obtain compliance. The nature of the action plan will be dependent on the findings of the on-site inspection. If the site is in compliance no further actions will be necessary."

Property owner Doris Gardner declines to offer any predictions about whether her land will get cleaned up by the county's deadline. "No comment," says Gardner. "If you put another thing in the paper, we are suing."

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I'm a neighbor of the Gardner's and I can't believe that certain neighbors have nothing better to do than constantly ridicule the Gardner's. The Gardner's have helped many of the surrounding neighbors over the years and you couldn't find better people. I remember the time Pat Napolean was building her house and ask Mr. Gardner if she could bring her debrie over to his property to burn. I also know for a fact that the power line behind there home was for Pat Napolean because her family wouldn't let Vepco come across there property. I remember the years Mrs. Gardner drove me back and forth to work since I didn't have transportation. I can remember many a kind deed that have been done over the years but some people have very short memories. Why would anyone want to harrass a couple that are in there 70's. Mr Gardner's is big on recycling and has done so for years to support his family. Would all these enviromentalist like to see our landfill full of metals that could be recycled I think not. I just hope that the troublemakers in the area remember what goes around comes around. Love thy neighbor.

posted by Cismont Neighbor at 12/20/2007 12:51:20 PM

Sorry---but the inaccuracies continue to mount-----I never asked Mr.Gardner to collect/burn/bury my trash. We hired a private/authorized trash service for our needs. No one "made" anyone allow Vepco access through Gardner's property. Who has been harrassed? In the view of most, the whole community has been hurt by those who operated this illegal dump for decades. As far as I know, Mrs. Gardner has never offered an apology for her participation in this greedy and dangerous "business". We have made an effort to concentrate our efforts and attention on clean up-----No one has singled out the Gardners for persecution. The emphasis has clearly been upon returning the land and soils to a pre-dump condition. We have reason to be concerned---because benzene components have been flagged in basic "screening" tests. What is the meaning of the comment with regard to bringing suit? THE HOOK certainly has the right to inform the public----and print the news.

posted by Pat Napoleon at 12/20/2007 2:41:41 PM

If my neighbors harassed me I would collect "antique" cars (ie rusty junk!) tag them, get the cheap collector car insurance and park them LEGALLY all around my yard to punish the crybaby neighbors who stir up all of the trouble.

Maybe I would paint them all pink.

Or maybe I would just go out and get a truck load of pigs and a big fan blowing in the neighbors direction.

Or maybe I would buy up as many junk cars as I could and weld them together end to end and call them a fence.

whatever ticks em off and is LEGAL

posted by Captain Landuse at 12/21/2007 12:18:54 AM

Excellent Idea Captain. I do have plans for my parents property. It will be very creative and the county has told me there are no restrictions on LAWN ORNAMENTS.. Revenge is sweet

posted by Linda Shifflett at 12/21/2007 9:30:03 AM

Ya this dump thing is really nasty and has shock value, but its not that unheard of.

I recently drove through western Maryland and portions of West Va on into western Pa. There is garbage and there are open dumps all over the place in plain view of major roads. Just think what is hidden a little deeper. Pa has strip mines everywhere. It could be a lot worse. This is just one property and it will be abated.

posted by Big Deal at 12/22/2007 9:45:59 PM

I just ran across these articles and ongoing comments. I am concerned over our environment and have a great distain for those having disregard for it. Being past middle age, I have lost many friends to cancer (friends who should still be living), such a terrible diease. It appears to me that this person with the dump or illegal landfill has violated many state laws and some federal laws. I have never accepted the excuse of, I did it to raise my family, and people are just poking around. I would like to commend the neighbor who brought this issue to light. As concerned citizens we should all be alert for violations that in later years could impact our health and that of our children. The excuse that other states allow people to dump and nothing is said, is absurd. I am concerned over what happens in my State, Virginia. I think based on these articles, the Commonswealth Attorny for the jurisdiction should get involved with the EPA. We can not look the other way because people say, the junk man is a good person. If there are violations of law, lets seek adjudication through our court system. Signed A Concerned Virginian.

posted by JB at 12/23/2007 7:37:06 PM

my advice: you better watch your step here,Mrs. Shifflett. sounds to me like you may be threatening folks and you may have already committed libel and defamation of character- calling this woman a "nut case". there are laws protecting folks against this sort of thing. sounds like your family made it's bed. STOP BLAMING THE NEIGHBORS! These people have a right to be upset. I'm surprised they have not called on the cops to watch you. you sound spiteful to me and i think you could benefit from some counseling. who is really the loony one here? good luck to the neighborhood. they need it. I feel sorry for them!

posted by skybird at 12/23/2007 7:53:49 PM

Just about every farm over 50 years old in the county has a "dump" on it... they used to get the tractor, dig a hole and bury their trash. I hardly think an old tire, an old pop bottle and an old coffee can is going to cause cancer.

I have not seen the site, but I do know that there are lots of people who don't like what happens to land that is not theirs but is in their sights. Listen to people squall when someone wants to build a house that will block their once pristine view of the mountains. Too bad, you should have bought the land youself. I guess next wek we will be hearing from the people near the airport that didn't realize that the airport was going to be adding flights as C-ville grows. A-holes...

posted by landlubber at 12/25/2007 8:37:06 PM

Did all the people that live near this family in cismont area not realize when they bought property that this was going on? I dont understand why people by a home and then complain about the surroundings. I agree that cancer is a bad thing in this world, but I cant imagine that metals and such has caused this. If so we are all in trouble look at all the vehicles on the roads and all are made of metal and have tires. Not to mention in our homes everyone has stoves, refrig, washers the list is never ending. Seems to me that this family recycles and that is a good thing. And if someone is constantly making comments about my family I would be a little upset. If the neighbor that is constanly stirring the pot has moved that should is a good thing I sure wouldn't want a neighbor like that.

posted by loveyourneighbor at 12/26/2007 9:39:35 AM

Hello-I would suggest you go back into the (archives-HOOK site), and read the entire story. If you really want the whole story, read the Albemarle county reports. I hear some citizens have seen the files-and they are shocked beyond belief.

We're not just talking about pop bottles and coffee cans in this dump!!! MOST in neighborhood are concerned about the poisonous substances/circumstances identified-including over 2,500 cubic feet of tires known to have burned on this place. NO, buyers didn't know these people were operating an illegal dump when they purchased their land. Albemarle county should require real estate companies to tell buyers of any known dump/violation-or better still, the county should post complete information on the Albemarle county web site. The govt. knows where these dumps are, but they don't move aggressively/fast enough to shut them down. Hey, DEQ performed surface testing. They found bad things. Will DEQ look deeper? Many are asking "what the point was" to test at all, if they now ignore findings. Where are the government leaders? They appear very quiet on this one. Why don't they now call for more comprehensive testing-if they want this issue to "go away"? No one truly knows what lies deeper in that ground!

AND-what IS up with these protectors of illegal dumping throwing out threats/bad words? Did their parents teach them "good manners?" The last one who wrote in--disagreed with critics, and "was respectful in doing so"---Good job!

Did any business dump here? If so, they should be required to fund clean up. Last question: Were any businesses formally investigated for a role here? They should have been questioned by the police, in the view of many.

Most nice people don't want dumps in the neighborhood. I hear so much preaching here (along with "ugly trash talk")--

Alright--we hear---"Love Thy Neighbor?" Did these people really love their neighbors (or themselves) as they maimed the beautiful neighborhood? Give me a break! The worst part: they don't appear to see a problem in their violation either. Perhaps the neighbors would be more sympathetic, if THEY took a turn for the better.

posted by Cismont Friend at 12/26/2007 11:04:35 AM

I don't like to stick my noise in other people's business. I was just making a comment Cismont Friend. Why would anybody get a bunch of reports from the county anyway? It sounds to me from the article they are cleaning up and the county and DEQ are happy with there willingness to do so. I can image that alot of people would tell the county to go shove it. Have you or any of the neighbors volunteered to help. I have neighbors and we agree and disagree at times but its there property and I don't feel I can tell them that I don't like the bright blue they have on there shutters or that they need to get a new car because it leaks oil. Every one has rights and freedom of speach. We don't have to live to please our neighbors we live to please god and then ourselves.

posted by lovethyneighbor at 12/26/2007 11:42:15 AM

Let me respond, as this is what the opportunity is all about. No one I know "likes to" stick their nose in other people's business. Sometimes citizens must intervene, when another's private actions are affecting a larger majority. The county government ignored requests to close the dump, so unfortunately neighbors had to make this their goal. NO ONE lives on an island here. When toxins are burned/buried/dumped on one property, the contaminants often leak/find their way to "neighboring properties" as time goes along. Can people in the community be sure things buried deeper will never affect future health, safety, property values in the neighborhood? I believe the neighbors would be more than willing to help, if the daughter and any others, would refrain from throwing threats/insults at others. This is wrong, and it is against the law, as far as I know.

You speak of property rights. Most people want their land to look nice and tasteful. The Shifflet woman (daughter) sounds as if she wants to purposely annoy others by putting out cluttery lawn ornaments. Sure, the county will probably let her do it, BUT, is she really showing she wants to be a good neighbor by doing this-and by taking revenge? Most people I know wouldn't want to put lawn ornaments in their yards, because doing so would only make "the family property" less valuable and also make land look tacky. You continue to preach "love thy neighbor". I think you have something incorrect here (last sentence). The churches I have attended, say to "first love God----and next love your neighbors." The love of self---should "at least" be tied in equally with loving the neighbors. Thank you for commenting in a respectful manner.

posted by Cismont Friend at 12/26/2007 1:04:37 PM

It a shame some neighbors have taken such a personal side. There are no toxins burned/buried or dumped on the property. If you or any other neighbor would have a little just a little faith in the county, DEQ or my parents you would realize I too live in the area along with my brother and DO YOU REALLY think that we would do something to our own water. I'm not ashamed of my parents or thier property it's what they want and as long as they are happy I'm happy. I don't think you should tell your parents what they can or can't have just because you want there property to look good. I call it as I see I don't make threats, insults or lies to make myself look good. What would you do if this was your parents???

posted by Linda Shifflett at 12/26/2007 2:54:11 PM

One other observation: As I read the article and the accompanying comments, it is plain to see, those who spoke in opposition to the dump, have "said their piece" in an appropriate/legal manner. They have spoken to the known/documented facts of the situation.

Now, if I were to have made a mistake in inappropriately/unwisely calling one a "nut case"-as has happened, I would certainly apologize asap. No one agrees this is acceptable.

Let's hope we view future comments from the "other side", that steer away from using such concerning/risky language.

As this neighborhood has been very negatively impacted by illegal dumping, it is now time for folks who operated the business to apologize, and get it cleaned up according to a "pre dump" standard---as the county has assured/promised residents, would happen in this case. Thus far, this has not happened. Then and only then, will folks be satisfied.

The DEQ should also be planning to do further testing, asap.

posted by Cismont Friend at 12/26/2007 2:55:01 PM

MS Shifflett, I do understand this must be difficult for you personally. It has been hard on the neighbors too. Perhaps you can try to talk with your parents about the need to clean it up properly. No, I don't think you would do anything to your/anyone's water. Maybe things will get better, if we all work together. Please be open to making amends with "all" the neighbors. This is important.

posted by Cismont Friend at 12/26/2007 3:10:40 PM

MS. Shifflett,

Question: Did businesses?, cities?, counties? dump on your family land? Why don't you ask them to help you pay for clean up, if they did this. I would be upset with them, if they did this to my property. Just an idea, if money is needed for clean up.

If you know any big business that dumped all this stuff, I would tell a newspaper about it. Good Luck

posted by Cismont Friend at 12/26/2007 4:34:23 PM

I wish I were Bill Gates so that I could sue the county to make it a dump. If it has been going on for thirty years continously and they have had complaints since 1976 that were "mistakenly" answered then too bad for the county. In fact the county should have to PAY for everything dumped since they "mistakenly" said it was grandfathered.

If you built a garage on your property and the county said nothing until thirty years AFTER someone complained then there isn't a judge in the world who would make you tear it down. There is even a legal doctrine of "adverse possession" whereby if a neighbor drives across your property continously and notoriously for twenty years he has a legal easement.

LEAVE BRITNEY ALONE!

posted by eager beaver at 12/26/2007 9:04:31 PM

Yep, You are correct. The county made/makes big mistakes in this case. I hear they continued/continue to give jobs to those who blundered too.

The businesses that are said to have dumped certainly must have made a huge proffit.

Yea, county should pay, along with the involved corporations! But, you know the good ole boys reign (for a while).

Forget a suit-to benefit continuation of dump. In this neighborhood, even Bill Gates would never succeed.

posted by Cismont Friend at 12/27/2007 8:50:10 AM

I agree make the dump official.

We need more landfills, we are burning too much fuel trucking trash to distant landfills.

Its time Charlottesville/Albemarle accepts responsibility for their own trash. This would be a great landfill, as would the Garth road area, very convenient to town.

posted by WHAT HAPPENED WHEN NAPOLEON WENT TO MOUNT OLIVE?....POPEYE GOT PISSED at 12/30/2007 4:43:35 PM

Hey---Who are you? What is your real name? Are you "afraid of something"--in not providing your proper name? This is wierd/for sure----Anyway, some different ideas expressed---

I will agree---It is sad, our localities are now "shipping out" our BAD trash. Pat Napoleon

posted by at 12/30/2007 8:43:43 PM

quote by anonymous: "Hey---Who are you? What is your real name? Are you "afraid of something"--in not providing your proper name?"

If that ain't the kettle calling the pot black, I ain't never seen it before. :)

posted by The Truth at 1/1/2008 2:30:11 PM

HELLO----WHAT ARE YOU TALKING ABOUT? I gave my name-----HAPPY NEW YEAR!!!!!

posted by Pat Napoleon at 1/1/2008 10:06:33 PM

After years hearing Pat Napoleon whining bitterly I can assure you that if a "fact" doesn't fit the her story then you are a liar. She has ZERO sympathy for anyone who doesn't agree with her.

She was the voice behind one of the most negative ads last political season. Take a dash of truth and the distort the facts. That's the woman we are dealing with.

Dumps are bad but taking Pat Napoleon's word as gospel is just as toxic

posted by EPA-thetic at 1/2/2008 12:50:54 PM

Now now, EPA-thetic, We have found Napoleon to be right on target "all along". She "caught on" to the county games early on, and she hasn't given in-thank goodness! SHE has gained results. Sure Napoleon had the guts to do the ad. The ad stated the whole truth, in the view of many concerned. Ken Boyd certainly hasn't solved this problem for the neighborhood. The December 30 deadline has come and gone. Too much objectionable junk remains. Napoleon is well-liked by all I know. She is very open-minded, AND she holds to a high standard. You seem very angry. Give this retired teacher a break!

posted by Cismont Friend at 1/2/2008 2:07:06 PM

EPA-thetic, I must also wonder how "open minded" you are? Have you taken the time or made the effort to talk with Napoleon face to face? My guess, she probably knows more than you, about the "real story"-and could offer you insight.

posted by Cismont Friend at 1/2/2008 2:40:26 PM

EPA-thetic, The campaign ad had nothing to do with the topic/dump, as I recall. It spoke to the real issue/proven record/facts--in Boyd not advocating for appropriate teacher salaries. I know hundreds of teachers, who agreed with the exact ad.

I worked the polls in Boyd's own neighborhood. Ms Joseph won here. This truth is very telling. Now, as the HOOK says, "stay on the topic"-this site. I'll be happy to speak with you. I believe in openness. I don't hide behind fake names. Give me a call. Pat Napoleon

posted by at 1/2/2008 4:38:15 PM

Looks like to me Pat Napoleon and Cismont Friend are one in the same. You give yourself away PAT with all the ----- and ////// and ?????? By the way what did happen when you went to Mount Olive. Ken Boyd won and that pisses you off because you want everything your way. What did the county do to you to make you so bitter against them?

posted by Cismont Neighbor at 1/7/2008 9:00:12 AM

Hi Neighbor,

This is all TOO FUNNY :-)And-What a joke!!!!

Perhaps it is time for you to "lighten up". I certainly don't lose ANY sleep over Ken Boyd!!!!

And---I wouldn't advise you apply for a job with the FBI---You have A LOT to learn!!!!!

posted by Pat Napoleon at 1/7/2008 10:04:20 AM

I find it funny that someone has the time to consume themselves with the matter at hand. All I have to say is Karma is a ...well you know the quote. I pray that those who are making my grandparents suffer everyday for something that they were originally told was grandfathered goes through the same experience of watching their parents/granparents get constantly ridiculed during the final days of their life. They are 70 years old and should be enjoying life. You make your life what it is by your actions. Live life people. I spent my childhood on the property and I turned out fine-10 fingers and 10 toes-intelligent as well may I add. Live your life for the journey it is. Dont make others suffer for your unhappiness.

"We get further in life by helping others along, not by demanding that they conform to who we are/believe."

Stephanie Shifflett Frazier

posted by nOT AFRAID TO SAY MY NAME! at 1/8/2008 5:16:52 PM

Stephanie, So it sounds as if you are praying for bad things to happen to others. Do you really think this is wise? Maybe time to call the preacher?

posted by Cismont Friend at 1/9/2008 8:02:25 AM

As a retired teacher I thought you would know that some find it inappropriate to persuade/sway someone into believing personal religious beliefs. In case you didn't know, the term preacher is providing your religious preference. Therefore, I take it that you are trying to pass your beliefs onto a stranger. The only thing is, America was created with the wonderful thing of religious freedom. So please dont preach to me, for you do not know me well enough.

The fact at hand is that in every paper/article printed on the matter at hand, my grandparents have been blamed for not cleaning THEIR land fast enough to satisfy others. What has not been consistent is the fact that they were told this would not become an issue because it was grandfathered. In my opinion, this should be the focus. I don't think people realize how much work has been done by our family. I don't know what people are expecting. It took 20+ years to accrue

the items that occupied the land. Things will not disappear overnight.

Some say we have given the family plenty of time. However, I ask you this question. Would you expect an immigrant with limited English speaking skills to master/excell at English within 2-3 years of being here? I would hope the answer is no. Therefore, those who are becoming inpatient need to realize that we are making steady progress and all is well. Again, we cannot expect change overnight.

As far as the reports are concerned. DEQ has already said all levels are normal and there is nothing they are concerned about. By people questioning their method/results, I wonder why you think they would lie. They do not know us and are professionals. If we don't trust their word, what can we trust? Will anything be good enough to let this matter be solved?

Finally, I would like to remind those that my granparents are 70 years old. Please respect that when you are trespassing onto their property, calling at all hours of the day, and speaking unconstructively about them as people. My granparents have been calm, polite, and helpful during this whole time period. Please treat them with the same respect.

Thank You.

posted by SF at 1/9/2008 8:34:55 PM

SF Do you know my religious leader is a preacher? No, you do not. You have no idea what my job is. Your imagination is going wild. This is laughable. Read what you wrote. Everyone can see you pray for bad things to happen to other families. I'm curious, what religion condones that type of praying?

posted by Cismont Friend at 1/10/2008 11:18:44 AM

SF Do you know my religious leader is a preacher? No, you do not. You have no idea what my job is. Your imagination is going wild. This is laughable. Read what you wrote. Everyone can see you pray for bad things to happen to other families. I'm curious, what religion condones that type of praying?

posted by Cismont Friend at 1/10/2008 11:18:55 AM

I guess the previous response must have gotten under the skin for you to respond in such a way. You have warned others about speaking to you in an unacceptable way-but you do the same to others. I will be the bigger person here and end this meaningless debate/conversation.

The facts are my granparents are being targeted with extreme negativity. Since there are no negative comments from you in regard to the example in my previous response, I will take it that you understand change can't happen overnight. Thus, we ask that EVERYONE be patient. Great progress has been made and continues to be made. However, no one has applauded that effort.

It seems that nothing is goog enough for you people. We will continue to work with the COUNTY as they see fit. Again, we are the ones who have been willing to change land that was originally grandfathered.

Let's stick to the facts please. If comments can't be made in regard to the topic at hand, they shouldn't be made.

posted by SF at 1/10/2008 3:12:06 PM

Just thought I'd let all the wonderful neighbors in Cismont know the Gardner's told the county to go .... we are keeping our art work. We will see you and the county in court in a few years. Happy New Year. LS

posted by Linda Shifflett at 1/10/2008 3:31:57 PM

SF Don't worry. You make some good points.

What is meant by last comment. Is she your grandmother?

I thought county was working with ya'll.

Sounds like someting went sour today. What is going on?

posted by Cismont Friend at 1/10/2008 5:27:08 PM

I would like to remind everyone of the following information: "When zoning inspector Smith declared on November 12, 2003 that the site was grandfathered, "according to aerial photos that pre-date the ordinance," he based his conclusion on the wrong aerial photos and the wrong ordinance, says County spokesperson Lee Catlin. She says Smith was referencing later photos, and a 1980 zoning ordinance that had nothing to do with junkyard regulation. Smith could not be reached for comment."

Our family has done more than we should have to cover up someone else's mistake. We are taking this to court...see you there.

PERIOD. THE END! In other words our family will no longer be responding to anyone accept our lawyer.

posted by THE FAMILY at 1/10/2008 8:12:44 PM

how them people keep jobs at county? Smith stil worken there? jus wonderin.

this storre gits more entresting all the time

posted by No No at 1/12/2008 9:41:44 PM
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