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HomeMy WebLinkAboutMO-9499_40935_G_C_20190917_Site Information & NRP Review RequestNOTICE OF RESIDUAL PETROLEUM Sue Friday Property Mecklenburg_ County, North Carolina (Site name) The property that is the subject of this Notice (hereinafter referred to as the "Site") contains residual petroleum and is an Underground Storage Tank (UST) incident under North Carolina's Statutes and Regulations, which consist of N.C.G.S. 143-215.94 and regulations adopted thereunder. This Notice is part of a remedial action for the Site that has been approved by the Secretary (or his/her delegate) of the North Carolina Department of Environmental Quality (or its successor in function), as authorized by N.C.G.S. Section 143B-279.9 and 143B-279.11. The North Carolina Department of Environmental Quality shall hereinafter be referred to as "DEQ". NOTICE Petroleum product was released and/or discharged at the Site. Petroleum constituents remain on the site, but are not a danger to public health and the environment, provided that the restrictions described herein, and any other measures required by DEQ pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, are strictly complied with. This "Notice of Residual Petroleum" is composed of a description of the property, the location of the residual petroleum and the land use restrictions on the Site. The Notice has been approved and notarized by DEQ pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11 and has/shall be recorded at the Mecklenburg Register of Deeds' office Book , Page (name of county) Any map or plat required by DEQ has been/shall be recorded at the Register of (name of county) Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Sue M. Friday of Charlotte, North Carolina (Owner's name) (city & state of homeowner) is the owner in fee simple of all or a portion of the Site, which is located in the County of Mecklenburg, State of North Carolina, and is known and legally described as: See Attachment A (excerpted from Mecklenburg County Register of Deeds Book 23775, Page 316). Return to: Cedar Rock Environmental, P. C. Revised January 15, 2013 107 Pioneer Trail Page 1 of 4 Graham, NC 27253 For protection of public health and the environment, the following land use restrictions required by N.C.G.S. Section 143B-279.9(b) shall apply to all of the above -described real property. These restrictions shall continue in effect as long as residual petroleum remains on the site in excess of unrestricted use standards and cannot be amended or cancelled unless and until the Mecklenburg County Register of Deed receives and records the written concurrence of the Secretary (or his/her delegate) of DEQ (or its successor in function). PERPETUAL LAND USE RESTRICTIONS Soil: Soil containing residual petroleum above applicable regulatory standard(s) remains on the site in the area identified in Figure 1, Attachment B. No soil shall be excavated or disturbed within 3 feet of the area identified in Figure I Attachment B except to remediate the soil in accordance with all applicable state and federal statutes, regulations and guidelines. Groundwater: Groundwater from the site is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated on the site. ENFORCEMENT The above land use restriction(s) shall be enforced by any owner, operator, or other party responsible for the Site. The above land use restriction(s) may also be enforced by DEQ through any of the remedies provided by law or by means of a civil action, and may also be enforced by any unit of local government having jurisdiction over any part of the Site. Any attempt to cancel this Notice without the approval of DEQ (or its successor in function) shall be subject to enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of the above restriction(s) shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto. Revised January 15, 2013 Page 2 of 4 IN WITNESS WHEREOF, Sue M. Friday has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this 16' day of September , 2019. Sue M. Friday (name of responsible party if agent is signing) (signature of responsible party, attorney or other agent if there is one) President, Cedar Rock Environmental, P. C. (Title of agent for responsible party if there is one) Signatory's name typed or printed: Robert A. Payne NORTH CAROLINA COUNTY (Name of county in which acknowledgment was taken) I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: Robert A. Payne Date: (Official Seal) Page 3 of 4 (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: Revised January 15, 2013 Approved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) , Regional Supervisor (printed name of Regional Supervisor) Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA COUNTY (Name of county in which acknowledgment was taken) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: (full printed name of Regional Supervisor) Date: (Official Seal) Page 4 of 4 (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: Revised January 15, 2013 ATTACHMENT A BEGINNING at an iron in the line of the V. M. Stine, W. M. Farmer, and Duke Power Company property, said iron marking the southwest corner of the tract of land conveyed to W. M. Farmer and wife, Martha B. Farmer by deed recorded in the Mecklenburg Public Registry in Book 1761 at Page 9, and running thence with two lines of the Duke Power Company property as follows: (1) North 20-30 East 1149 feet to an iron; (2) North 15-58 East 474 feet to an iron; thence South 41-37 East, in greater part with the line of the road known as Dixie Drive, 568 feet to an iron; thence with the southerly line of Dixie Drive in three courses as follows: (1) South 79-37 East 225 feet; (2) North 88-23 East 197.8 feet to an iron; (3) South 73-00 East 61.2 feet to an iron, the northwest corner of the 1.78 acre tract of land conveyed by C. W. Mundy, Jr. and wife, Elizabeth J. Mundy, to John R. Rozzell and wife, Julia M. Rozzell; thence with four lines of the Rozzell property: (1) South 37-35 West 268.8 feet to an iron; (2) South 31-58 West 121.5 feet to an iron; (3) North 88-35 East 299.1 feet to an iron; (4) North 45-31 East 210.95 feet to an iron in the southwest side of Dixie Drive, thence with said line of Dixie Drive, South 51-43 East 50 feet to an iron; thence South 36-30 West 200.8 feet to an iron in the line of the Mattie Grier property (now or formerly); thence with the Grier line, South 29-30 East 165 feet to an iron in the line of the Wolfe property (now or formerly); thence with two lines of the Wolfe property as follows: (1) South 57-00 West 427 feet to a hickory; (2) South 50-30 West crossing a branch, 342 feet to a maple on a bluff, a corner of the V.M. Stine property (now or formerly), thence with two lines of the Stine property as follows: (1) South 68-00 West 612 feet to an iron; (2) North 76-00 West 422 feet to the point or place of beginning, containing 30.59 acres, as shown on survey of J. G. Spratt, dated May 14, 1956, to which survey reference is hereby made, together with the right in common with others to the use of the road known as Dixie Drive leading away from this property into the Mount Olive Road. BEING the same property as conveyed by deed in deed Book 4213, Page 264, Mecklenburg County Registry, to which reference is hereby made for a more complete description. \ Marke Hanson ATTACHMENT B i Baker Property NOTE: N \This map may not be a certified survey \ and has not been reviewed by a local government agency for compliance with \ any applicable land development regulations and has not been reviewed for compliance with recording requirements for plats. Dixie Drive Crescent Communities II- LLC Property -� Joerg Baeumner / Property /`", "a \ - Wood Property i \ Sandra McGinty \ Property House I i Seven Oaks / Partners LLC \ ; / Property T1 1 inch = 40 feet RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) — — Property Lines 0 125 250 500 T1 = 515-Gallon UST 1 Inch = 250 Feet PROJECT: Sue Friday Property CEDAR ROCK INCIDENT# Pending ENVIRONMENTAL, P.C. FIGURE 1 LOCATION: 8700 Dixie Drive Charlotte Mecklenburg Co. FILENAME: 2739NoRP.fc7 VERSION DATE: 9/16/19 CRE PROJECT NUMBER: 273922590 CEDAR ROCK ENVIRONMENTAL, P.C. 107 Pioneer Trail • Graham, North Carolina 27253 (336)376-0394 August 3, 2019 Ms. Emily Nolan 216 Foster Avenue Charlotte, NC 28203 Reference: Inspection of an underground storage tank (UST) located at 8700 Dixie Drive, Charlotte, North Carolina Cedar Rock Project # 273922590 Dear Ms. Nolan: Cedar Rock Environmental, P. C. (Cedar Rock) performed a site inspection on August 2, 2019 at the above referenced location. The purpose of the inspection was to determine if the UST currently used for storing heating oil had leaked causing significant contamination of the underlying soils. It is our understanding the residence was built in 1955 which is most likely when the UST was installed. An active UST was observed to be located perpendicular to and centered approximately 5.8 feet off the southern foundation wall and about 13.0 feet west of the southeastern foundation corner of the house. Both the fill and vent pipes of the UST were observed to be intact. The depth to the top of the UST is approximately 18 inches below land surface (bls). The UST has a length of about 88 inches with a diameter of approximately 41.5 inches and a capacity of about 515 gallons. The UST was measured to contain approximately 285 gallons of fluid. White flagging was installed to mark the ends of the UST. No other USTs on the property were discovered using a metal detector to survey the outside perimeter of the residence where USTs are usually located. Two copper fuel delivery/return lines were observed in the basement extending beneath the concrete slab from the foundation wall adjacent to the UST to where they were connected to the furnace. No petroleum odors or staining were observed in the basement. Some signs of corrosion on the fuel lines was observed where they were in contact with the concrete slab. Once the orientation of the UST was determined, a soil boring was performed at the northern end of the UST using a 3.25-inch diameter stainless steel hand auger. The soil boring was advanced to a depth of approximately 6.75 feet bls, about 1.8 feet below the bottom of the UST. A strong petroleum odor and discoloration was observed in the soils from a depth of approximately 2.0 to 6.75 feet bls suggesting significant leakage from the UST has occurred. The native soils underlying the UST consist of a bluish gray micaceous sandy silt. One soil sample, CR-1, was collected from the base of the boring and can be submitted for laboratory analysis, if required. The property is currently serviced by a water supply well shared with the neighboring property to the east. No water supply wells were observed within 150 feet of the petroleum release. For this reason, the property should be classified as "Low Risk" by the State. Based on the results of this investigation, significant contamination of the soils underlying the UST has been confirmed. Current law (NCGS 143-215.85 (a) and (b)) requires that any significant release of contamination be immediately reported to the North Carolina Department of Environmental Quality (DEQ), Division of Waste Management, Mooresville Regional Office (704-663-1699). According to State law, upon reporting the release, the current property owner where a release is discovered is identified by the State as the "Responsible Party" for any State required action relating to the UST leakage. Cedar Rock will submit a UST-61 form to satisfy the State's notification requirement for Ms. Emily Nolan August 3, 2019 Page 2 the release upon request by the property owner. Currently, the property cannot be legally conveyed until a Notice of Residual Petroleum (NRP) is filed with the Mecklenburg County Register of Deeds office pursuant to NCGS 143B- 279.11 (d). The NRP will contain applicable land use restrictions to minimize the risk of exposure to existing contamination. The land use restrictions prohibit any disturbance of site soils within a specified radius of the estimated extent of soil contamination and prohibit the future operation or installation of any water supply wells on the property. Once classified as "Low Risk", the DEQ will issue a "Conditional" Notice of No Further Action (NFA) letter to formally close out the release incident. The "Conditional" provision in the NFA letter will be removed upon receiving a certified copy of the filed NRP and the completion of Public Notification requirements. Filing the NRP will not be required if all soil contamination exceeding applicable standards has been removed. The State currently will not require any initial abatement or remedial action regarding the release of heating oil from a UST on a "Low Risk" property. However, once the presence of the UST and confirmed contaminated soil is disclosed to other interested parties as required by State law, future buyers, homeowner's insurance providers, or lenders may require initial abatement and/or remedial actions relating to the UST prior to making any commitments towards the property. In addition, there exists a potential for further environmental impact to the property from continued leakage from the UST. Currently, the presence of the soil contamination does not appear to pose any known health risk. Attempting to remove the UST and associated contaminated soils is costly, would be disruptive to the property, and may not result in a clean closure. For these reasons, we recommend the in -place abandonment of the UST to prevent further leakage. If you desire to continue using the existing oil heat system, we recommend you contact your oil provider and ask them to install an above ground storage tank off to one side of the UST and use new copper tubing to connect to the oil furnace. Also request that the usable oil be transferred to the new tank from the UST. The tank abandonment would consist of exposing a portion of the UST by hand excavation, cutting a hole about two feet in diameter on the topside of the UST, removing all tank and fuel line contents, cleaning of the tank interior, and filling the tank with an excavatable flowable fill cement slurry. A summary report signed by a licensed geologist would be generated that would include photographs of each step of the abandonment process, including a photograph of the interior of the UST to show the UST was properly cleaned. Cedar Rock can provide this service for a charge of $3,000.00 plus $1.00 per gallon of recovered fluids. Preparing and filing the NRP and performing the Public Notification requirement will cost an additional $1,250.00. Cedar Rock would not be responsible for installation of the new AST or fuel lines. Included with this report is our invoice. We appreciate the opportunity to be of service to you. If you have any questions regarding the content of this report, please call me at 336-376-0394. Sincerely, W-�C� Robert A. Payne, fVcensed Geologist #0970 Attachment "ti4glt IIH t t r r rrrrgrr+' C7 i � z SEPAL ` 0970 x d �9T UST-61 24-Hour Release and UST Leak Reporting Form. For Releases This form should be completed and submitted to the UST Section's regional office following a known or suspected release from an underground storage tank (UST) system. This form is required to be submitted within 24 hours of discovery of a known or in NC suspected release (DWM USE ONLY) Suspected Contamination? (Y/N) Facility ID Number Incident # Risk (H,I,L,U) Confirmed GW Contamination? (Y/N) Date Leak Discovered Received On Received By Confirmed Soil Contamination ?(Y/N) Comm/Non-Commercial? Reported by (circle one): Phone, Fax or Report Samples Taken?(Y/N) Reg/Non-regulated? Region Free Product? (Y/N) If Yes, State Greatest Thickness INCIDENT DESCRIPTION Incident Name: Address: County: Regional Office (circle one): Asheville, Mooresville, Fayetteville, City/Town: Zip Code: Raleigh, Washington, Wilmington, Winston-Salem Latitude (decimal degrees): Longitude (decimal degrees) : Obtained by: ❑ GPS Briefly describe suspected or confirmed release: (including but not limited to: nature of release, date of release, amount of release, amount of free product present and recovery efforts, initial responses conducted, impacts to receptors ❑ Topographic map ❑ GIS Address matching ❑ Other ❑ Unknown Describe location: HOW RELEASE WAS DISCOVERED (Release code) (Check one) ❑ Release Detection Equipment or Methods ❑ Visual/Odor ❑ Groundwater Contamination ❑ During UST Closure/Removal ❑ Water in Tank ❑ Surface Water Contamination ❑ Property Transfer ❑ Water Supply Well Contamination ❑ Other (specify) SOURCE OF CONTAMINATION Source of Release Cause of Release Type of Release Product Type Released (Check one to indicate primary (Check one to indicate primary (Check one) (Check one to indicate primary product type source) cause) released) ❑ Tank ❑ Spill ❑ Petroleum ❑ Gasoline/ Diesel/ ❑ Diesel/Veg. Oil ❑ Piping Kerosene Blend ❑Overfill ❑Non -Petroleum ❑ Heating Oil ❑ Vegetable Oil 100% ❑ Dispenser ❑ Corrosion ❑ Both ❑ Other Petroleum ❑ E10 — E20 ❑ Submersible Turbine Pump ❑ Physical or Mechanical Products ❑ E21 E84 ❑ Delivery Problem — Damage Location ❑ Metals ❑ ❑ E85 E99 oOther Inorganics — ❑ Install Problem (Checkne ) ❑ Other ❑ Other ❑ Other Organics ❑ Ethanol 100% ❑Facility ❑ Unknown ❑ Unknown ❑ Residence ❑ E01 — E09 Definitions presented on reverse I Definitions presented on reverse I ❑ Other Ownership 1. Municipal 2. Military 3. Unknown 4. Private 5. Federal 6. County 7. State Operation Type 1. Public Service 2. Agricultural 3. Residential 4. Education/Relig. 5. Industrial 6. Commercial 7. Mining UST Form 61 (02/08) Page 1 of 2 IMPACT ON DRINKING WATER SUPPLIES Water Supply Wells Affected? 1. Yes 2. No 3. Unknown Number of Water Supply Wells Affected Water Supply Wells Contaminated: 1. 2. 3. (Include Users Names, Addresses and Phone Numbers. Attach additional sheet if necessary) UST Owner/Company UST SYSTEM OWNER Point of Contact Address City State Zip Code Telephone Number UST SYSTEM OPERATOR UST Operator/Company Address City State Zip Code Telephone Number LANDOWNER AT LOCATION OF UST INCIDENT Landowner Address City State Zip Code Telephone Number Draw Sketch of Area (showing two major road intersections) or Attach Map Person Reporting Incident Company Telephone Number Title Address Date UST Form 61 (02/08) Page 2 of 2 Definitions of Sources Tank: means the tank that stores the product and is part of the underground storage tank system Piping: means the piping and connectors running from the tank or submersible turbine pump to the dispenser or other end -use equipment (Vent, vapor recovery, or fill lines are excluded.) Dispenser: includes the dispenser and the equipment used to connect the dispenser to the piping (e.g., a release from a suction pump or from components located above the shear valve) Submersible Turbine Pump (STP) Area includes the submersible turbine pump head (typically located in the tank sump), the line leak detector, and the piping that connects the submersible turbine pump to the tank Delivery Problem: identifies releases that occurred during product delivery to the tank. (Typical causes associated with this source are spills and overfills.) Other: serves as the option to use when the release source is known but does not fit into one of the preceding categories (e.g., for releases from vent lines, vapor recovery lines, and fill lines) Unknown: identifies releases for which the source has not been determined Definitions of Causes Spill: use this cause when a spill occurs (e.g., when the delivery hose is disconnected from the tank fill pipe or when the nozzle is removed from the dispenser) Overfill: use when an overfill occurs (e.g., overfills may occur from the fill pipe at the tank or when the nozzle fails to shut off at the dispenser) Physical or Mechanical Damage: use for all types of physical or mechanical damage, except corrosion (e.g., puncture of tank or piping, loose fittings, broken components, and components that have changed dimension) Corrosion: use when a metal tank, piping, or other component has a release due to corrosion (e.g., for steel, corrosion takes the form of rust) Installation Problem: use when the problem is determined to have occurred specifically because the UST system was not installed properly Other: use this option when the cause is known but does not fit into one of the preceding categories (e.g., putting regulated substances into monitoring wells) Unknown: use when the cause has not been determined Data use subject to license. +TN Scale 1 : 12,000 'I 0 200 400 800 800 1000 © DeLorme. Topo North America TM 10. MN(T.9"N/) m 0 1.1" = 1.000.0 ft 3� www.delorme.com Data Zoom 14-3 Beverly, Trudy From: Beverly, Trudy Sent: Tuesday, September 17, 2019 9:57 AM To: Josiah Payne Cc: Taraban, Ron; Black, Sherry Subject: RE: [External] 8700 Dixie Drive, Charlotte Good Morning Josiah, I reviewed the documentation and all looks good as long as you have Ms. Friday's and Bob's signatures on the NRP. Ron, Sherry, and I will all be available from 1:00pm through 3:30pm this afternoon. Does that work for you? Trudy EQ rvre��� Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy. B everlykncdenr. gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Office Mailing Address: 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Branch's Underground Storage Tanks Website Address: https:Hdeg.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://deo.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-mans File Review Procedures: httt)s://dea. nc. ,,iov'about/divisions/waste-manatzement/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): https://edocs. deq.nc.gov/WasteManagement/Search.aspx Document Submittal & UST File Names for Laserfiche Policies: https://files.ne.gov/ncdeq/Waste%2OManagement/DWM/ JST/Corrective%2OAction/Electronic%2ODocument%2OSubrnittal%2OMemo%2OUpdate.pdf https:Hfiles.nc. gov/ncdeq/Waste%2OManagement/DW'M[UST/Corrective%2OAction/UST%20file%20names%20for%20Lasertiche.docx -----Original Message ----- From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Tuesday, September 17, 2019 9:19 AM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] 8700 Dixie Drive, Charlotte CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Good morning Trudy, We have an NRP that needs to be signed for this property. We spoke to Ron about it and he said to make sure you have looked over everything first. I have attached the UST-61 form, our inspection report, and the NRP (word document of main NRP, attachment A, and a separate pdf of the figure). We would like to stop by your office this afternoon to get it signed. Would you mind taking a look at everything? Thanks! Josiah Payne Cedar Rock Environmental, P. C. (336) 684-3836