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HomeMy WebLinkAboutMO-9558_40989_G_C_20200429_Draft Notice of Residual Petroleum for UST Review615 Bruce Thomas Road Harmon Environmental PA Monroe, North Carolina 28112 704-292-4527 harmonenvironmental. com April 29, 2020 Ms. Trudy Beverly, P.G. North Carolina Department of Environmental Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Re: Transmittal of a Notice of Residual Petroleum Schulte Property Non -Commercial, Non -Regulated Heating Oil UST 4043 Arborway, Charlotte, North Carolina Incident No. 40989 Project No. 842-01 Dear Ms. Beverly: Attached please find a Notice of Residual Petroleum for the petroleum impacts remaining in the vicinity of a former non-commercial, non -regulated, heating oil, underground storage tank (UST) removed from the referenced property. Sincerely, Harmon Environmental, PA 4w�', v.m. Richard L. Harmon, P.G. President/Principal Hydrogeologist Attachments cc: Mr. Michael Schulte MAY 0 Q 2020 r UST NOTICE OF RESIDUAL PETROLEUM Schulte Property Mecklenbura 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 Environment Quality (or its successor in function), as authorized by N.C.G.S. Section 14313-279.9 and 143B-279.11. The North Carolina Department of Environment 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 County Register of Deeds' office Book , Page (name of county) Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg County Register of Deeds' o(name of county) office Book ,Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael Schulte of Charlotte. North Carolina is the owner in (owner's name) (city & state ofhomeoivner) fee simple of all or a portion of the Site, which is located in the County of Mecklenbura , State of North Carolina, and is known and legally described as: Revised February 7, 2019 BEING all of Lot 13 in Block 6 of FOXCROFT HILLS as shown on map thereof recorded in Map Book 8 at Page 113 in the Mecklenburg County Public Registry. 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], Attachment A. No soil shall be excavated or disturbed within 3 feet of the area identified in Figure 1, Attachment A 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. 2 Revised February 7, 2019 IN WITNESS WHEREOF, has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this J- Y day of , 202.0 . v U L/�► G'liV�, (name of responsible Jarty if agent is signing) (signature of responsible party, attorney or other agent if there is one) (title of agent for responsible party if there is one) Signatory's name typed or printed: M iG h a 2 i NORTH CAROLINA AL,- , - COUNTY (Name of county in which cknowledgment 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: 41 i C- h Cie i 7 SGti LA If f Date: �p VAR , My Comm 101612020 U �tmmnim���`�a (si ature of Notary Pu lie printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 3 Approved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) (printed name of Regional Supervisor) Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA Regional Supervisor 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) (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: 4 Revised February 7, 2019 LEGEND APPROXIMATE LOCATION OF PROPERTY BOUNDARIES APPROXIMATE LOCATION OF RESIDENCES APPROXIMATE LOCATION OF PAVED AND GRAVEL SURFACES APPROXIMATE LOCATION OF --� FORMER UNDERGROUND STORAGE TANK 0 ESTIMATED EXTENT OF PETROLEUM -IMPACTED SOIL NOTES: BASED ON FIELD SCREENING RESULTS AND ANALYTICAL DATA ASSOCIATED WITH SAMPLES COLLECTED FROM THE SITE DURING COMPLETION OF THE INITIAL ABATEMENT ACTIVITIES CONDUCTED BY HARMON ENVIRONMENTAL, PA IN MARCH 2O20. THE PETROLEUM -IMPACTED SOIL REMAINING ON THE SITE APPEARS TO BE LIMITED TO THE AREA DEPICTED BY THE CIRCLE EXTENDING FROM A DEPTH OF NINE FEET BELOW GRADE TO THE WATER TABLE. THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS [G.S.47-30(N)l APPROXIMATE SCALE IN FEET 50 l00 SOURCE: MECKLENBURG COUNTY POLARIS AND FIELD MEASUREMENTS HARMON ENVIRONMENTAL, PA FIGURE 1 ATTACHMENT A 5 BRUCE THOMAS ROAD SITE LAYOUT MAP MOROE, NORTH CAROLINA 28112 SCHULTE RESIDENCE 704-292-4527 4043 ARBORWAY '- HARMON ENVIRONMENTAL.COM CHARLOTTE, NORTH CAROLINA .R W