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HomeMy WebLinkAbout22010-18-092_Glenwood Square_NFA&NORP_20040813(Page 1 o6 10) BKO1097OPGO1177 o� NCDENR North Carolina Department of Environment and N Michael F. Easley, Governor Dexter R. Matthews, Director Resources William G. Ross Jr., Secretary DIVISION OF WASTE MANAGEMENT UNDERGROUND STORAGE TANK SECTION t August 13, 2004 WAKE COUNTY, NC 781 LAURA h RIDDICK Mr. David Lawrence REGISTER OF DEEDS American Cancer Society PRESENTED 8 RECORDED ON 2200 Lake Blvd., NE 08/1312004 AT 16:21:41 Atlanta, GA 30319 Re: Notice of No Further Action ROOK:010970 PAGE:01177 — 0118s 15A NCAC 2L .0115(h) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks American Cancer Society Property/Tao Auto 623 Hillsborogh St Raleigh, Wake County Incident # 11083 Low Risk Classification Dear Mr. Lawrence: The Underground Storage Tank (UST) Section, Division of Waste Management Raleigh Regional Office has received both a Site Cleanup and Site Closure Request on July 26, 2004 and a Notice of Residual Petroleum, dated August 11, 2004, for the above -referenced Site. A review of the report for the site shows that soil contamination does not exceed the residential maximum soil contaminant concentrations and groundwater contamination meets the cleanup requirements established in 15A NCAC 2L .0202 for the sites. No further assessment or remedial actions are required at this time. However, please be advised that because groundwater contamination still exceeds the groundwater quality standards established in 15A NCAC 2L .0202, groundwater within the area of contamination or within the area where contamination is expected to migrate is not suitable for use as a water supply. Pursuant to NCGS 143B-279.9 and 143B-279.11, you must file the approved Notice of Residual Petroleum (attached) with the Register of Deeds in the county in which the release is located and submit a certified copy to the UST Section within 30 days of receipt of this letter. This No Further Action Determination will not become valid until the UST Section receives a certified copy of the Notice of Residual Petroleum that is riled with the Register or Deeds and the public notice requirements outlined below are completed. NorthCaro lina 1628 Mail Service Center, Raleigh, North Carolina 27699-1628 Aummily Phone: 919-571-47001 Fax: 919.571-4718 LInternet: www.enr.state.nc.us/ENR An Equal Opportunity/Affirmative Action Employer - 50% Recyciedl 10% Post Consumer Paper (Page 2 of 10) BK01 0970PGO1 178 Public notice in accordance with 15A NCAC 2L .0115(k) is required as follows. Within 30 days of receipt of this no further action letter, you must provide a copy of this letter to the following persons: o Local health director; ® Chief administrative officer (i.e., Mayor, Chairman of the County Commissioners, County Manager, City Manager or other official of equal or similar position) of each political jurisdiction in which the contamination occurs; All property owners and occupants within or contiguous to the area containing contamination; and ® All property owners and occupants within or contiguous to the area where the contamination is expected to migrate. Copies of this no further action letter must be sent to the persons listed above by certified mail. If it is impractical to provide this public notice by certified mail to the occupants of apartment buildings, condominiums, office buildings, etc., you may post a copy of this letter in a prominent place where the occupants are most likely to see it. Within 60 days of receiving this no further action letter, you must provide the UST Section Raleigh Regional Office with proof of receipt of the copy of the letter or of refusal by the addressee to accept delivery of the copy of the letter. If a copy of the letter is posted, you must provide the UST Section with a description of the manner in which the letter was posted. Pursuant to 15A NCAC 2L .0115(e), you have a continuing obligation to notify the UST Section of any changes that you know of or should know of, that might affect the level of risk assigned to the discharge or release. Such changes include, but are not limited to, changes in zoning of real property, use of real property or the use of groundwater that has been contaminated or is expected to be contaminated by the discharge or release, if such change could cause the UST Section to reclassify the risk. Please note that this responsibility not only pertains to changes involving the property on which the release occurred, but to changes involving the surrounding properties as well. Please be advised that you should close any monitoring wells or injection wells used to investigate or remediate this incident in accordance with 15A NCAC 2C .0113 and .0214, respectively. For guidance on closure of infiltration galleries, please contact The Division of Water Quality, Groundwater Section at Raleigh Regional Office. Should you have any questions concerning this letter, please contact Walt Plekan at (919) 571- 4700. Sincerely, Robert K. Davies Raleigh Regional UST Section Supervisor cc: Wake County Health Department East Coast Environmental, 3709 Junction Blvd, Raleigh, NC 27603 Staubach, Mr. Guy Harvey, 14600 Weston Pkwy, Suite 100, Cary NC 27513 RRO-Incident Files (Page 3 of 10) BKO1097OPGO1179 NOTICE OF RESIDUAL PETROLEUM AAte/'i�ay► CoAcer /7'4o 4yk ( ok4G 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 and Natural Resources (or its successor in function), as authorized by N.C.G.S. Section 143B-279.9 and 14311-279.11. The North Carolina Department of Environment and Natural Resources shall hereinafter be referred to as "DENR". 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 DENR 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 DENR pursuant to N.C.G.S. Sections 143B-279.9 and 14313-279.11 and has/shall be recorded at the WAk e. (name of county) Register of Deeds' office Book , Page SourceProm of 144460�24�, �i is the owner in fee (Uvner's name) (city & state of hon owner) simple of all or a portion of the Site, which is located in the County of ,State of North Carolina, and is known and legally described as: (Insert Real Property Description Here for Source Property) QQ Additional Affected Property Also Subject to Restrictions /7/f_11rs is the owner in fee simple of a portion of Owner's Name to the Site, which is located in the County of - , State of North Carolina. Petroleum contamination is located on this property at the time this Notice is approved. This property was also owned or controlled by the underground storage tank owner or operator or another party responsible for the petroleum discharge or release at the time the discharge or release was discovered or reported, or at any time thereafter. This property is known and legally described as: Revised September 27, 2002 (Page 4 of 10) BKO1097OPGO1180 (Insert Real Property Description Here for Additional Properties Owned or Controlled by Any Owner or Operator of the Underground Storage Tank or Other Responsible Party, if Applicable) 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 s't i e�x ess of unrestricted use standards and cannot be amended or cancelled unless and until the Cc Register of Deed receives and records the written concurrence of the Secretary (or his/her delegate) of DENR (or its successor in function). Additional Affected Pronerty Not Subject to Restrictions Additionally residual petroleum is also located on the following property. The following property is not subject to land use restrictions pursuant to N.C.G.S. Section 143B-279.9(b). The following property is known and legally described as: (Insert Legal Description of Other Real Property Affected by Residual Petroleum Not Owned or Controlled by Any Owner or Operator of the Underground Storage Tank or Other Responsible Party, if Applicable) PERPETUAL LAND USE RESTRICTIONS 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 4 Revised September 27, 2002 (Page 5 of 10) BK01 0970PGO1 181 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 DENR 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 DENR (or its successor in function) shall be subject to enforcement by DENR 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. IN WITNESS WHEREOF, Cr r. ?av ed this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this of , (name of r%ggadkleyarly if agent is signing) By: (signature of attorney or other agent lfthere is one) We of agent for responsible party if there is one) Signatory's name typed or printed: J, STATE OF NORTH CAROLINA COUNTY a Notary Public of said County and State, do hereby certify that (name of Notary Public) �g✓t� Z,2�_t-41_ E personally appeared before me this day and acknowledged that he/she is the /� (name) /! SW 6KP. �Yr. of _ �ftu� 4+Nttoi � and that by authority duly given, and as the act (title) (company) of , the forgoing instrument was signed in its name by such UP 6,zp 1�,r - . (company) (title) WIrT,DiC� "S.mv hand and seal this the $ day of AJC-,/sr , 20 0. no�— ' O • NftyPtti k Cobb County, Geotpis h C am)". My Commission Expires August . s+•! s Notary Public (signature) Wyly �� „ c Rssio Tres 20�%. iNTe purposes ofN.C.G.S. 143B-279.11 (s, aoleofRgional Supervisor)� &4 K.�k. vt �� _ , Regional Supervisor (printed name of Regional Supervisor 61A0.44 Regional Office (name of Re ton) UST Section Division of Waste Management Department of Environment and Natural Resources NORTH CAROLINA COUNTY Revised September 27, 2002 (Page 7 of 10) BK010970PGO1183 IFA a Notary Public of said County and State, do hereby certify that did personally appear and sign before me this the day of ��� N. MOO Not Pub t (signature) IA;? ? F �►�Of c al al; My commission expires 120 'oC/B� COUN ` Revised September 27, 2002 6 (Page 8 of 10) BK010970PG01184 STATE OF NORTH CAROLINA COUNTY OF WAKE Register of Deeds Book 5874 Page 0609 623 Hillsborough Street, Raleigh, North Carolina BEGINNING at the point at the southeastern corner of the intersection of Hillsborough Street and Boylan Avenue in Raleigh, North Carolina, the Northwestern corner of a lot according to the survey of said property by J. Fred Davis, Jr., Inc., dated 12-21-83 and updated on 6-2-87 and entitled "Property of American Cancer Society"; and Hillsborough Street South 79" 14' 15" East 91 feet to an iron pipe on the Southern right-of-way of Hillsborough Street, the Northeast corner of said lot; thence South 10" 15' 20" West 124.75 feet to an iron pipe; thence South 79" 28' 18" East 86.49 feet to a point on the Eastern right-of-way of Boylan Avenue; thence along the Eastern right-of-way of Boylan Avenue North 8' 20' 43" East 135.22 feet to the point and place of beginning, according to the survey of said property by J. Fred Davis, Jr., Inc., dated 12-21-83 and updated on 6-2-87 and entitled "Property of American Cancer Society" to which reference is hereby made. (Page 9 of 10) BK010970PG01185 U5874PGO609 ,M2 R..i l*Mwogh stet and is aura parti-aarly described as falla�srt b10DOh m at a ppooint at the southassuYm corsgr of the ietarseation of Rillaborolgh Street and Nuylsn A�aams Of 18 lotaftlaighccording to the s» aala proper" owrft Carolina, the warth—tem �� lead Danis ar., atop. datled aftopazt, of�7 Ameriaag dower Rcaisty+,and and eaticoatiins M thence With the southern right-of-w7 of SS.11 Street South 79. 14r 150 Rost 91 feet to an iron pipe an the Soothers right-cr-Way of aiilsbaroo9h Straot, the Northeast Owmw of gold loft thence South 14. 15' 20+ Rest 124.75 teat to an irm Pipe, thsaoe SouthrM rigage ht-of-way 1s+ mast a4.49 test to a point on the of Soylan aenoe, tbsmm ahoy the Ssstarn right• of -War of Px►ylaa Areaw north S2 Sent IL-15.Z2 feet to t1jo point and place of befflaft1W s000rdinq to the s=v" of said property by J. Fred I Jr., Inc., dated 12-21_S2 and updated an h2-57 and eutitlad +preparty of American dawar ioalatY• r to tlhioh Earereooe is hereby Made. 2. The AMeriaaa Cancer Saoiety. North Carolina Division. Dso. nc Grantor as to the Seoomd Parcel and Grant" as to the that paraal *micas to greats a ran-amclmin t in favor of the First paroal for the purpoee allowing tba aWntar or the rim Parwl to be" a right of ingress and a4rsaa over and upon and to Par![ up to and including twenty -rows (24) rotor vehicles upon the fo"*W'Mg area located on the Second parcel: RNGDRRNG at as iron pipe an the aeseare right of Way of N0Y1as Aveam, approximately U2.09 feet From the -- &at&" oaxner of the lntsrsaation of baylaa Avanae and Uorges *treat si.d oomtinI thence North S' 200 420 Nast 47 feet to a point an the ORSUrn right Of Wag' cf loylas Arenaei tbeaca South 79. 14. 15+ Rost 91fas tto to a Point, themm alomg the Yastwu bw=WW sy inc Pascal South 10• I5. 20+ ■art a dist"M of tX" 112.09 rest to an iron pipe at the Sootbeastem boosdIM line of ww property; thaa�oe South 79. 2S' 11+ Rost $4.49 feet to an ran is. the point and place of Nagy > fhe segment created by this Agtaoaat is ea *&*patent that. shall ztm with the land and gball be binding upon and shall inane' =.•tom.; .. - -. .. a (Page 10 ,of 10) �KO1 0970PG1185A ' WK:e18970 PAGE:01177 - 01185 J Yellow probate sheet is a vital part of your recorded document. Please retain with original document and submit for rerecording. Wake County Register of Deeds WAKE Laura M. Riddick COUNTY Register of Deeds NORTH CAROLING North Carolina — Wake County The foregoing certificate S of �eU R e vu— Kct l-tooye Notary(ies) Public is (are) certified to be correct. This instrument and this certificate are duly registered at the date and time and in the book and page shown on the first page hereof. Laura M. Riddick, Register of Deeds By. t • 0-,�W AssistantA3eputy-Register of Deeds This Customer Group This Document # of Time Stamps Needed New Time Stamp # of Pages xs.00+-m 1ma