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Home My WebLink AboutMO-27707_47024_G_C_20200609_Conditional No Further Action LetterROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director Michael McManimen 4429 Woodwind Street Charlotte, North Carolina 28213 Dear Mr. McManimen: NORTH CAROLINA Environmental Quality June 9, 2020 Re: Conditional Notice of No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Michael McManimen Property 4429 Woodwind Street, Charlotte Mecklenburg County Incident Number: 47024 Risk Classification: Low A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste Management, Mooresville Regional Office indicates that soil and groundwater contamination meet the cleanup requirements for a low -risk release under Title 15A NCAC 2L .0202 and .0400, but contamination exceeds the limits allowed for the unrestricted use of a site where closed under risk - based cleanup standards. The UST Section determines the subject incident to be eligible conditionally for no further action status. However, final approval of no further action status is contin _ eg_nt on the filing of the approved Notice of Residual Petroleum (or NRP, filed 5/15/2020) with the Register of Deeds in the county in which the release is located, verified by the receipt of a certified copy of the filed NRP by this office (received 5/15/2020); and receipt of confirmation that public notice requirements have been completed, as described below. Be advised that as soil contamination may exceed the residential MSCCs, the area of the property containing the soil contamination is suitable only for restricted residential use ("residential" being inclusive of, but not limited to, private houses, apartment complexes, schools, nursing homes, North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 704.663.1699 parks, recreation areas and day care centers), as stipulated in the Notice of Residual Petroleum. 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. As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and 143B-279.11, you must file the approved plat and declaration for a Notice of Residual Petroleum 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 (received 5/15/2020). As soil contamination may exceed the lower of the residential or soil -to -groundwater MSCCs, public notice in accordance with 15A NCAC 2L .0409(b) also is required. Within 30 days of receipt of this letter, a copy of this letter must be provided by certified mail (or otherwise be made available 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 letter, this regional office must be provided with correspondence documentation showing that each party included in the listing above either received or affirmatively refused to accept delivery of the copy of the letter, and/or documentation describing the manner in which the letter was publicly posted, where applicable. Interested parties may examine information on file for this site by contacting this regional office and may submit comments about the site to the regional office at the address or telephone number listed below. This conditional 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 and until public notice requirements are completed. If you have any questions regarding this notice, please contact me at Trudy.Beverly&ncdenr.gov or (704) 235-2182. Sincerely, � IN 404 Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ Enclosure: Notice of Residual Petroleum (filed 5/15/2020) cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Robert Payne, Cedar Rock Environmental (via email) 9�- . �� -ffw North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 704.663.1699 For Registration Fredrick Smith Register of Deeds Mecklenburg County, NC Electronically Recorded 2020 May 15 09:32 AM RE.Excise Tax: $ 0.00 Book: 34575 Page: 906 - 911 Fee: $ 26.00 Instrument Number: 2020069190 3MLS ". NOTICE OF RESIDUAL PETROLEUM Michael McManimen 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 MecklenburgRegister of Deeds' office Book , Page (name of county) Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg Register of (name of county) Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael William McManimen and wife, Karen M. Emberland 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: See Attachment A (excerpted from Mecklenburg County Register of Deeds Book 25009, Page 417). Revised January 15, 2013 Page ] of 4 submitted electronically by "Cedar Rock Environmental, P.C." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Mecklenburg county Register of Deeds. For protection of public health and the environment, the following land use restrictions required byN.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 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 January 15, 2013 Page 2 of 4 IN WITNESS WHEREOF, Michael William McManimen and wife, Karen M. Emberland has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 14`i' day of May , 2020. Michael William McManimen and wife —Karen M. Emberland na e of respo 3ible p gent is signing) By: (signature of responsible party, attoXley 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 1 &m an c.e 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: M r�u1 1 y 2v2t3 (Official Seal) JOSIAH D PAYNE NOTARY PUBLIC ALAMANCE COUNTY, N.C. My Commission Expires 10-22-2020. S:) � 6�-- ( gnature of Notary Public) 01 printed or typed name of Notary Public) Notary Public My commission expires:&., ZZI 20zo Revised January 15, 2013 Page 3 of 4 iL Approved for the purposes of N. .S. 143B-279.11 �'4 All i ature o Regional Supe sor L�l egional Supervisor (printed name ofRegiolnal Supervisor) Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA arse lk COUNTY (Name of coup 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: CAPsn Lee krpmil% (full printed name of Regional supervisor) Date: ( -L07, (Official Seal) (stgnat�ure of Notary Public)'' JOSIAH D PAYNE (printed or typed name of Notary Public) NOTARY PUBLIC Notary Public ALAMANCE COUNTY, N.C. My Commission Expires 10-22-2020. My commission expires: zz- Zy2p Revised January 15, 2013 Page 4 of 4 ATTACHMENT A BEING A COMBINATION OF LOT 1 AND LOT 2 OF MCMANIMEN ESTATES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a Control Corner, #8 rebar as shown on a map recorded in Map Book 38, Page 39, Mecklenburg County, North Carolina; thence N S°46'22" W 270.45 feet to a rebar; thence N 76°04'07" W 132.35 feet to a rebar; thence N 75°52'49" W 271.64 feet to an iron rod; thence S 58°49'51" W 175.73 feet to an open pipe; thence S 8°49'16" W 255.34 feet to a bent open pipe; thence S 77°58'08" E 150.13 feet to an open pipe; thence S 11°34'36" W 78.47 feet to a rebar; thence N 79°59'51" E 484.90 feet to the point and place of BEGINNING, and being 4.607 acres, more or less. Hector ATTACHMENT B Villegas Property l N \ Gilbert Gillison Property /Raymond Nancarrow Enrique Property Tanaka I Carlos Property Gutierrez _ Property ' I NOTE: ~ ' This map may not be a certified survey Lois Gantz and has not been reviewed by a local Property government agency for compliance with any applicable land development regulations and has not been reviewed for compliance o with recording requirements for plats. �. a -D m CD 17 Tom Pistone Property I It James Rouser T1 \; � Leslie Property � I / Pena \ Property I �I House = ' RESTRICTED AREA (estimated \ 1 inch 40 ft. � extent of soil contamination exceeding applicable cleanup standards.) \ — - Property Lines 0 50 100 200 Ti = 1,000-Gallon UST PROJECT: Michael McManimen Property__ INCIDENT # Pending LOCATION: 4429 Woodwind Street Charlotte, Mecklenburg Co. CRE PROJECT NUMBER: 292822590 1 Inch = 100 Feet CEDAR ROCK ENVIRONMENTAL, P.C. FILENAME: 2928-Fig1.fc7 VERSION DATE: 5/12/2020 FIGURE 1