Cemetery erosion is causing problems for a local homeowners association in Mooresville, NC, as it threatens to send some 25 caskets plummeting off the edge of a cliff and into Lake Norman.
HOA Dilemma Due to Cemetery Erosion
Graves containing human remains from a late-1800s cemetery pose an imminent threat of toppling off a 50-foot cliff into Lake Norman, according to the president of a waterfront HOA. Roger Webb, head of the Beacon Pointe Homeowners Association, disclosed that the burial grounds, located just 50 feet from the water, likely house 20 to 25 caskets.
Situated on Bullfinch Road, Beacon Pointe is positioned on a peninsula off Fern Hill and Perth roads in Mooresville. Webb, a retired geologist, expressed concerns about the graves gradually moving closer to the water or potentially collapsing into the lake due to cemetery erosion. Having purchased a lot in the subdivision in the 2000s and residing there since 2011, Webb provided details about the graveyard, referred to as the Jones-Lambert Cemetery on maps, tucked in the woods between 234 and 240 Bullfinch Rd.
To Webb’s knowledge, no one has tended to the grave markers or visited the cemetery during his tenure in Beacon Pointe. He mentioned a possible distant relative of those buried living on one end of Fern Hill Road, although the individual remains unknown.
HOA Turns to Legal Counsel
As Webb completes his term as HOA president, worries about ongoing erosion led the board to allocate funds in the budget to hire a lawyer. The objective is to explore legal alternatives to prevent the cemetery from sliding into the lake.
Although a lawyer hasn’t been hired yet, Duke Energy’s land-development arm, Crescent Resources, deeded the property to the HOA in 2002, as indicated by Iredell County public records. The HOA has paid taxes on the property since 2003.
Webb outlined questions that a legal researcher could help answer. These include clarifying the HOA’s clear title to the cemetery lot, determining Crescent’s title when deeding the cemetery, and identifying the previous owner before Crescent. Webb mentioned the possibility of a never-built church being planned with the cemetery.
The ownership questions are crucial in deciding who bears the cost of installing riprap—a protective wall of loose stone or concrete—along the cliff to prevent erosion. Webb estimated the cost to be at least $250,000, as conveyed by Lyfe Marine Docks. The company, however, considered the job as too extensive for them. Plus, the cost of the riprap installation is too steep for a community of 49 homes.
The HOA plans to seek financial contributions from Duke Energy, the lake manager, under federal license. However, after reviewing public records, Duke Energy disclaims ownership or responsibility for the parcel or the cemetery.
Are Human Remains Toxic?
Homeowners feel concerned about potential environmental hazards from casket remains falling into the lake. Catawba Riverkeeper Brandon Jones stated that there is nothing environmentally hazardous in old coffins or bones beyond what is normally present in wildlife carcasses.
While trace amounts of preservative chemicals or heavy metals may exist, they would quickly dilute. Jones emphasized that the more pressing concerns are legal and ethical.
