Loading...
HomeMy WebLinkAboutMO-9514_40951_G_C_20191030_Notice of Residual Petroleum Discussion & Well Abandonment Email DiscussionsBeverly, Trudy From: Beverly, Trudy Sent: Thursday, October 31, 2019 8:36 AM To: Bob Payne; Taraban, Ron Subject: RE: [External] RE: DCW Real Estate Mint Hill Property - Incident #40951 - Cabarrus County Is there a portion of the parcel greater than 150' away from the contaminated area that they could drill a new irrigation well? Trudy From: Bob Payne [mailto:cedarrockenv@gmail.com] Sent: Thursday, October 31, 2019 7:58 AM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] RE: DCW Real Estate Mint Hill Property - Incident #40951 - CabarrusCounty External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Good morning Trudy. The property owners are adamant about wanting to keep using the well for irrigation purposes only which is why they are not pursuing an NFA letter. If I use this language you suggested then they would not be able to use the well. Any suggestions? Robert A. Payne, L. G. (cell) 336-684-2734 Cedar ]c: EhlV1R0f M r.NTAL Jeremiah 9:23-24 From: Beverly, Trudy Sent: Thursday, October 31, 2019 7:47 AM To: Taraban, Ron; Josiah Payne; Robert Payne Subject: DCW Real Estate Mint Hill Property - Incident #40951- CabarrusCounty Ron, Bob, & Josiah, The groundwater restriction language for groundwater restriction for this site does not match the approved language in the template. The template language is as follows: 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. Make this change and resubmit a pdf draft of the notice of residual petroleum for my review. The draft notice of residual petroleum for the DCW Real Estate Mint Hill Property will need to be signed by Bob and notarized prior to Ron's review and signature. DCW Real Estate Mint Hill Property 1498 Oakwood Avenue, Kannapolis Cabarrus County Incident #40951 UST Number MO-9514 Trudy 0 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: httt)s://dea.nc.eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-maps File Review Procedures: https://deg.nc.goy/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): https://edocs.dea.nc.eov/WasteManaeement/Search.asr)x Document Submittal & UST File Names for Laserfiche Policies: https://files.nc.gov/ncdeg/Waste%20Management/DW M/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf https:Hfiles.ne. eov/nedeq/Waste%2OManagement/DWM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx From: Josiah Payne [mailto:iosiah.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 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 Rack ENVIRONMENTAL NOTICE OF RESIDUAL PETROLEUM DCW Real Estate Mint Hill Property Cabarrus 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 Cabarrus 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 DCW Real Estate — Mint Hill, LLC of Concord, 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 13375, Page 340). Return to: Cedar Rock Environmental, P. C. Revised January 15, 2013 107 Pioneer Trail Page 1 of 4 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 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 I 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 (excluding the existing supply well located on Figure 1, Attachment B which is used for irrigation purposes only). 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, DCW Real Estate — Mint Hill, LLC has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 30' day of October , 2019. DCW Real Estate — Mint Hill, 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. 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 FIRST TRACT: Lying and being in Number 4 Township, Cabarrus County, North Carolina, and being Lot No. 11 in Block "A" of the subdivision of the property of A.C. Grant, as surveyed and platted by Brown Engineering Company on the 8th day of May, 1953, a copy of which map is filed in the office of the Register of Deeds for Cabarrus County, North Carolina, in Map Book No. 10 at Page 16, and to which map reference is hereby made fora complete description as to metes and bounds. SECOND TRACT: Lying and being in No. 4 Township, Cabarrus County, North Carolina, on the west side of Oakwood Avenue, and being a part of Lot No. 12 in Block "A" of a subdivision of A.C. Grant, a map of which is on file in the office of the Register of Deeds for Cabarrus County, North Carolina, in Map Book No. 10 at Page 16, and adjoining the property of Richard A. Waggoner, Lloyd R. Haneline, and others, and is bounded as follows: BEGINNING at an iron stake in the west edge of Oakwood Avenue, a corner of Lots Nos. 11 and 12, and runs thence with the dividing line of Lots Nos. 11 and 12 North 76-04 West 159.2 feet to a stake, a corner of Lots Nos. 11, 12, 2 and 3; thence with the dividing line of Lots Nos. 3 and 12, North 13-56 East 25.0 feet to a stake in said line; thence a new line through Lot No. 12 South 76-04 East 159.4 feet to a stake in the west edge of Oakwood Avenue; thence with the west edge of Oakwood Avenue South 14-21 West 25.0 feet to the Beginning. Tax ID: 56120797580000 Parcel ID: 56120797580000 Address: 1498 OAKWOOD AVE, KANNAPOLIS, NC 28081 The property hereinabove described was acquired by the Grantor by instrument recorded in Book 13256, Page 0336, Cabarrus County Public Register of Deeds. 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. Donald Southard Property Jack Bost - Property ' Supply Well Daron Buckwell Jr T1 Property ' , House Q) a 3 / O Shelwyn / Klutz Property 0 20 40 80 iiiii 1 Inch = 40 Feet PROJECT: DCW Real Estate Mint Hill LLC Property INCIDENT # Pending LOCATION: 1498 Oakwood Ave Kannapolis, Cabarrus Co. CRE PROJECT NUMBER: 281122590 Sunset Drive RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) — - — : Property Lines CEDAR ROCK ENVIRONMENTAL, P.0 FILENAME: 2811 NoRP.fc7 VERSION DATE: 10/29/19 T1 = 550-Gallon UST FIGURE 1