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HomeMy WebLinkAboutMO-29283_48450_G_C_20220520_Draft NRP for UST ReviewNOTICE OF RESIDUAL PETROLEUM Creech Properties I, LLC Property Pending Cabarrus County, North Carolina (Site name) (Incident #) Current property owner's Deed Book 13875 Pages 272-273 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 14313-279.9 and 14313-279.11 and has/shall be recorded at the Cabarrus Register of Deeds' office Book , Page (name of county) Source Property Creech Properties I, LLC of Anizier, 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 Cabarrus , State of North Carolina, and is known and legally described as: See Attachment A (excerpted from Cabarrus County Register of Deeds Book 13875, Page 272). Revised February 5, 2019 Page 1 of 4 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 Cabarrus 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 1, 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 February 5, 2019 Page 2 of 4 IN WITNESS WHEREOF, Creech Properties I, LLC has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this 20' day of May , 2022. Creech Properties I, LLC (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. Pay 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) (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: Revised February 5, 2019 Page 3 of 4 Approved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) , Regional Supervisor (printed name of Regional Supervisor) 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 ofRegional Supervisor) Date: (Official Seal) (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: Revised February 5, 2019 Page 4 of 4 ATTACHMENT A Property Address: 2520 Lane St., Kannapolis, NC 28083 Lying and being in Number Four Township, on the south side of Lane Street, and being more particularly described as follows: BEGINNING at an iron stake in the bank of the south side of Lane Street, front corner of W.G. Hampton and wife, Beulah N. Hampton and runs thence S. 9 W. 159.1 feet to an iron stake in the line of W.G. Hampton and B.A. Hileman; thence with the Hileman line, N. 80 W. a distance of 100 feet to an iron stake in the line of D.L. Miles; thence with the said D.L. Miles line, N. 9 E., a distance of approximately 158 feet to an iron stake, a new corner; thence S. 84 1/2 E., a distance of 100 feet with Lane Street to the BEGINNING. ATTACHMENT B NOTE: 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. Lane Street I Steve Barrier Property ' Clemente Abad Property Building T1 Lane Street Baptist Church Property 0 20 40 80 iiiii 1 Inch = 40 Feet PROJECT: Creech Properties I LLC Property INCIDENT # Pending LOCATION: 2530 Lane Street Kannapolis, Cabarrus Co. CRE PROJECT NUMBER: 343022590 RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) — - — : Property Lines CEDAR ROCK ENVIRONMENTAL, P.C. FILENAME: 3430NoRP.fc7 VERSION DATE: 5/19/22 T1 = 550-Gallon UST FIGURE 1 Beverly, Trudy From: Josiah Payne <josiah.cre@gmail.com> Sent: Friday, May 20, 2022 2:26 PM To: Beverly, Trudy Subject: Re: FW: [External] NRP Review - ASAP if you can - Creech Properties I LLC Property - UST Incident #48450 - High Risk CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Thank you, Trudy! Have a great weekend! Josiah On May 20, 2022 14:17:45 "Beverly, Trudy" <trudy.beverly@ncdenr.gov> wrote: Good Afternoon Josiah & Mark, I've review the attached draft NRP and all looks good. It's ready for Regional Supervisor review and approval. The site has been added to the RUST database (Incident #48450) and is high risk due to an onsite water supply well located approximately 75 feet from the release. Have a great weekend, Trudy Trudy Beverly, L.G. �� Hydrogeologist, Division of Waste Management -PhENorth Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.B everly(a)ncdenr. 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://deq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: htWs:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httos://dea.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans File Review Procedures: https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): httns: Hdea.nc. eov/about/divisions/waste-manaaement/laserfiche Document Submittal & UST File Names for Laserfiche Policies: httos://£iles.nc.gov/ncde(i/Waste%2OManaaement/DWMIUST/WhatsNew/Final-Electronic-Document-Submittal-Policv.vdf hops://files.nc. gov/ncdeg/Waste%20Management/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Friday, May 20, 2022 1:39 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] NRP Review - ASAP if you can CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Good afternoon, Trudy. If you are able to look at this NRP in the next little bit I would really appreciate it. I am going to see Mark around 3:00 today and would like to get it signed. Sorry for the short notice. Some plans changed to where I am able to make it over to Mark today to sign a couple other NRPs so I just got this one prepared to see if we could squeeze it in, too. We abandoned the tank earlier this week and removed the AST. I have attached a copy of our abandonment report. The site is currently High Risk because of a well but they are in the process of getting that well abandoned so the site can be downgraded to Low Risk. Thanks! Josiah Payne (336) 684-3836 Cedar Rock ENVIRONMENTAL