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HomeMy WebLinkAboutMO-9515_40952_G_C_20191031_Water Supply Well & NRP Discussion EmailsBeverly, Trudy From: Beverly, Trudy Sent: Friday, November 1, 2019 8:22 AM To: Robert Payne Cc: Taraban, Ron Subject: RE: [External] Re: 10232 Glenmac Rd, Charlotte, Mecklenburg Co. Good Morning Bob, The well can be abandoned to reduce the site risk if permission is granted. Removing the tank and associated contaminated soil to below soil to groundwater is another option to reduce site risk (if you don't encounter free product, rock, or groundwater during excavation). Have a great day, Trudy Trudy Beverly, L.G. D- I E Q Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality .!�-% 1W Aj UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.Beverly(ayncdenr. oovv Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Robert Payne [mailto:cedarrockenv@gmail.com] Sent: Thursday, October 31, 2019 4:12 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Cc: Taraban, Ron <ron.taraban@ncdenr.gov> Subject: [External] Re: 10232 Glenmac Rd, Charlotte, Mecklenburg Co. External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Hey Trudy. A county database identified the presence of a water supply well adjoining this property that we missed during our initial inspection. We revisited the property today and confirmed the presence of what appears to be an inactive well hidden amongst some brush138 feet upgradient of our clients leaking ust. No one was home to talk to. So our clients property we initially reported as Low Risk is confirmed to be High Risk. I'm assuming this well needs to be abandoned to return to Low Risk status. Let me know if you agree. Thanks, Robert A. Payne, L. G. Cedar Rock Environmental, P. C. (mobile) 336-684-2734 Beverly, Trudy From: Beverly, Trudy Sent: Thursday, October 31, 2019 7:31 AM To: Taraban, Ron; Josiah Payne; Robert Payne Subject: Brian Hicks Property - Incident #40952 - Mecklenburg County Attachments: NRP2802 - MEC.pdf Ron, Bob, & Josiah, The draft notice of residual petroleum for the Brian Hicks Property will need to be signed by Bob and notarized prior to Ron's review and signature. I have reviewed the draft and all looks good aside from that. Bob — Have you been able to check the distance to the water supply well next door to this site? The UST-61 form for the Brian Hicks Property, 10232 Glenmac Road, Charlotte, Mecklenburg Co. states that there are no water supply wells within 150 feet of the release. Mecklenburg county shows an active water supply well on the adjacent property (10226 Glenmac Road). Damien and I discussed this by email on Tuesday. He was going to follow up with you for the distance information. Brian Hicks Property 10232 Glenmac Road, Charlotte Mecklenburg County Incident #40952 UST Number MO-9515 Trudy fH fF'1C iFrA nm'ml it 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. Beverly@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://deg.nc.goy/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https://deg.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httos://dea.nc.2ov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans File Review Procedures: https://deg.nc.gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): httpS://edocs.deq. nc.Roy/W asteMa nagement/Search.aspx Document Submittal & UST File Names for Laserfiche Policies: https://files.nc.gov/ncdeq/Waste%20Management/DW M/UST/Corrective%2OAction/Electronic%2ODocument`/2OSubmittal%2OMemo%2OUpdate.pdf https://files.nc.yov/ncdeq/Waste%2OManayement/D W M/U ST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Wednesday, October 30, 2019 4:15 PM To: Taraban, Ron <ron.taraban@ncdenr.gov>; Beverly, Trudy <trudy.beverly@ncdenr.gov>; Graham, Dan <dan.graham@ncdenr.gov> Cc: Robert Payne <cedarrockenv@gmail.com> Subject: [External] NRPs External email. Do not click links or open attachments unless you verify. Send all suspicious email as an t to report.spam@nc.gov Hello Ron, Trudy & Dan, I have attached three NRPs we would like to get signed tomorrow if y'all would take a look at them. I'm not sure who is responsible for which counties, so I included all of you in the email. The NRPs are for Rowan, Mecklenburg and Cabarrus counties. The NRPs will be notarized by us by the time we come by your office tomorrow. Please let me know if you have any questions. The Cabarrus NRP has modified land use restriction for groundwater to allow the use of an irrigation well, so please take special note of that. Josiah Payne Cedar Rock ENVIRONMENTAL From: Josiah Payne [mailto:losiah.cre@gmail.com] Sent: Wednesday, October 30, 2019 4:15 PM To: Taraban, Ron <ron.taraban@ncdenr.gov>; Beverly, Trudy <trudy.beverly@ncdenr.gov>; Graham, Dan <dan.graham@ncdenr.gov> Cc: Robert Payne <cedarrockenv@gmail.com> Subject: [External] NRPs VExternal email. Do not click links or o ail as an attachment to report.spam@nc.gov Hello Ron, Trudy & Dan, I have attached three NRPs we would like to get signed tomorrow if y'all would take a look at them. I'm not sure who is responsible for which counties, so I included all of you in the email. The NRPs are for Rowan, Mecklenburg and Cabarrus counties. The NRPs will be notarized by us by the time we come by your office tomorrow. Please let me know if you have any questions. The Cabarrus NRP has modified land use restriction for groundwater to allow the use of an irrigation well, so please take special note of that. Josiah Payne Cedar Rock ENVIRONMENTAL NOTICE OF RESIDUAL PETROLEUM Brian Hicks 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 Brian Elbert Hicks and spouse, Patricia Lynn Covington -Hicks 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: BEING ALL of Lots Five (5) and Six (6), in Block B, of CEDAR BROOK ACRES, MAP 3, as same is shown on map thereof recorded in Map Book 7, Page 835, in the Mecklenburg County Public Registry. (Excerpted from Mecklenburg County Register of Deeds Book 31822, Page 472). Return to: Revised January 15, 2013 Cedar Rock Environmental, P. C. Page 1 of 4 107 Pioneer Trail 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 A. No soil shall be excavated or disturbed within 3 feet of the area identified in Figure I 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. Revised January 15, 2013 Page 2 of 4 IN WITNESS WHEREOF, Brian Elbert Hicks and spouse, Patricia Lynn Covington -Hicks has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 3e day of October , 2019. Brian Elbert Hicks and spouse, Patricia Lynn Covington -Hicks (name of responsible party if agent is signing) Lo (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) (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: Revised January 15, 2013 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) 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: (fullprinted name ofRegional supervisor) Date: (Official Seal) (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: Revised January 15, 2013 Page 4 of 4 ATTACHMENT A _ - Glenmac Road I F I , I I Mark Ray House Property James Jordan I Property T1 , (, , J I I � I 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. Edgar Tecoapa Property Maritas Darnell Property I 0 25 50 100 iiiii 1 Inch = 50 Feet PROJECT: Brian Hicks Property INCIDENT # Pending LOCATION: 10232 Glenmac Road Charlotte Mechlenburg Co. CRE PROJECT NUMBER: 280222590 RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) - Property Lines T1 = 550-Gallon UST CEDAR ROCK ENVIRONMENTAL, P.C. FILENAME: 2802NoRP.fc7 VERSION DATE: 10/25/19 FIGURE 1