University Ford UST_NFA_20050629

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North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Mr. Don Colclough
University Ford
600 Julian Carr Street
Durham, NC 2770 I
Dear Mr. Colclough:
Division of Waste Management
Underground Storage Tank Section
June 29, 2005
Re: Notice of No Further Action
ISA NCAC 2L .0115(h)
Dexter R. Matthews, Director
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
University Ford
600 Julian Carr Street
Durham, NC 27330
Durham County
Incident Number: 26590
Risk Classification: Low
Ranking: NI A
The Notice of Residual Petroleum received on June 17, 2005 has been reviewed. The review indicates that groundwater
contamination meets the cleanup requirements for a low-risk site but exceeds the groundwater quality standards established in
Title I SA NCAC 2L .0202.
The UST Section determines that no further action is warranted for this incident. This determination shall apply unless
the UST Section later finds that the discharge or release poses an unacceptable risk or a potentially unacceptable risk to human
health or the environment. Pursuant to Title ISA NCAC 2L .Ol 15(e) you have a continuing obligation to notify the Department
of any changes that might affect the risk or land use classifications that have been assigned.
Be advised that as groundwater contamination exceeds the groundwater quality standards established in Title I SA
NCAC 2L .0202, groundwater within the area of contamination or within the area where groundwater contamination is expected
to migrate is not suitable for use as a water supply, and/or that as soil contamination exceeds the residential MSCCs, the property
containing the soil contamination is not suitable for residential use (e.g., homes, schools nursing homes parks, recreation areas,
day care centers).
As groundwater contamination exceeds the groundwater quality standards established in Title I SA NCAC 2L .0202
and/ or soil contamination exceeds the residential MSCCs, pursuant to NCGS 1438-279.9 and 1438-279.11, 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 which is filed with the Register
of Deeds.
As groundwater contamination exceeds the groundwater quality standards established in Title I SA NCAC 2L .0202
and/ or soil contamination exceeds the lower of the soil-to-groundwater or residential MSCCs, public notice in accordance with
I SA NCAC 2L .011 S(k) also is required. Thus, within 30 days of receipt of this letter, a copy of the letter must be provided by
certified mail, or by posting in a prominent place, if certified mail is impractical, to the local health director, the chief
administrative officer 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. Within 60 days of receiving this no further action letter, this office must be provided
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 or with a
description of the manner in which the letter was posted. This No Further Action determination will not become valid until
public notice requirements are completed. Interested parties may examine the Soil Cleanup Report/ Site Closure Request by
An Equal Opportunity i Affirmative Action Employer. 50 % Recycled\ 10 % Post Consumer Paper
contacting this regional office and may submit comments on the site to the regional office at the address or telephone number
listed below.
This No Further Action determination applies only to the subject incident; for any other incidents at the subject site, the
responsible party must continue to address contamination as required.
If you have any questions regarding this notice, please contact me at the address or telephone number listed below.
Attachments: Notice of Residual Petroleum
Sincerely,
Robert K. Davies, L.G.
UST Section Regional Supervisor
Raleigh Regional Office
cc: Raleigh Regional Office/JFM-1628 Mail Service Center, Raleigh, NC 27699 [phone]
Durham Country Health Department
EI; 2101 Gateway Centre Boulevard. Suite 200; Morrisville, NC 27560
NOTICE OF RESIDUAL PETROLEUM
-=U..:.:n=iv'""'e"'"rs=ity~F __ o=r=d""", I=n=c""'., ..... 60~0"--'--Ju=l=ian=-C=arr~~S=tr=e ..... et=. =D'--'u=rh=am~-~· Durham 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
Environm.ent and Natural Resources (or its successor in function), as authorized by N.C.G.S. Section 1438-279.9
and 143B-279.11. Tlie 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 1438-279.11, 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 143B-279.11 and has/shall be recorded at the
Durham County Register of Deeds' office Book __ , Page __ .
(name of county)
Source Property
University Properties of NC LLC of Durham. NC is the owner in fee
(Owner's name) (city & state of homeowner)
simple of all or a portion of the Site, which is located in the County of Durham , State of North Carolina, and is known
and legally described as:
BEGINNING at a stake located in the property line on the west side Carr Street, said stake being South
26°31' West 18.56feetfrom the property line on the south side of Jackson Street, if extended, and thence
from said point and place of beginning along and with the property line on the west side of Carr Street
South 26°31' West 781.05 feet to a point; thence continuing with said property line South 27°08'20" West
277.84 feet to a point; thence in a clockwise and southwesterly direction along an arc with radius of 20
feet a distance of 34.59 feet to a point in the property line on the north side of Willard Street (sometimes
shown as East-West Expressway); thence along and with the property line on the northeast side of Willard
Street in a clockwise and northwesterly direction along an arc with a radius of 442.46 feet a distance of
424.8 feet to a point; thence continuing with the said property line on the east side of Willard Street, North
01°39'35»West 100.12 feet to a stake; thence continuing with saidprnperty line North 0°45 '20" East
· 259. 68 feet to a point; thence continuing with said property line North 0°38 'East 252.81 feet to a point;
thence along and with the southern line of NC. Mutual Life Insurance Company line, South 89°22 ' East
193. 78 feet to a stake; thence continuing with said property line South 59°13 'East 113. 65 feet to a stake;
thence continuing with said NC. Mutual Life Insurance Company line North 27°33 'East 158. 72 to a
stake; thence continuing with said line North 30°47' East 90. 76 feet to a stake located in the property line
on the south side of Jackson Street; thence along and said property line South 59°13 'East 307.23 feet to a
stake; thence in a clockwise and southeasterly direction along an arc with a radius of 20 feet, a distance
of 29.93 feet to the point and place of BEGINNING and being the property of University Properties, and
North Carolina general partnership, as shown on a plat and survey thereof by George C. Love, Jr., dated
May 1, 1972, recorded in Durham County Registry in Plat Book 72 at page 43, to which reference is
herewith made for a more particular description of same.
Additional Affected Property 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:
Being all of Lot 3, as shown on that Plat and Survey entitled "Final Subdivision Plat for A.J. Fletcher
Foundation" prepared by S.D. Puckett and Associates, Inc., Professional land Surveyors, dated April 7,
2003, as plotted August 6, 2003, last revised August 6, 2003, and recorded in PB 159 at PG 199.
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
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 ofDENR (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 WI1NESS WHEREOF, has caused this Notice to be executed pursuant to N.C.G.S.
Sections14JB-279.9and143B-279.11,this J'-1 dayof :J'CJNE. ,cJO()l.
~---(Title of agent for responsible party if there is one)
Signatory's name typed or printed: I•~'# r:lst'CtL
STATE OF NORTH CAROLINA
DutetttcM coUNTY
/ '( day of JuN£
Approved for the purposes ofN.C.G.S. 1438-279.11
------~-------Regional Office
(name of Region)
UST Section
Division of Waste Mana
NORTH CAROLINA
d Natural Resources
,20~
Notary Public (siture)
I, ________ _ lie of said County and State, do hereby certify that
(name of Notary Public)
___ day of
(name of Regional Supervisor)
-------' 20_.
Notary Public (signature)
My commission expires -------------
(Official Seal)
· Approved for the purposes ofN.C.G.S. 143B-279.l l
~7t~
Robert K. Davies, Regional Supervisor
Raleigh Regional Office
UST Section
Division of Waste Management
Department of Environment and Natural Resources
State of North Carolina
N~OLINA COUNTY
I,/J. /llC()tL, a Notary Public of said County and State, do hereby certify that
Robert K. Davies, Regional Supervisor, personally appeared before me this day and
acknowledged that he is the Regional Supervisor, UST Section, Division of Waste Management,
Department of Environment and Natural Resources, and that by the authority duly given and as
an act of the agency, the forgoing instrument was signed in its name by him as Regional
Supervisor on behalf of the agency ,,,..,,
, 2o{L).
My commission expires