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HomeMy WebLinkAboutMO-27707_47024_G_C_20200514_Draft Notice of Residual Petroleum for UST ReviewNOTICE 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 Mecklenburg Register 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 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 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 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. 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 143B-279.9 and 143B-279.11, this 14' day of Maw, 2020. Michael William McManimen and wife, Karen M. Emberland (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) Page 3 of 4 (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: Revised January 15, 2013 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: (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 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 5°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 I \ , Gilbert Gillison Property /Raymond Nancarrow Enrique Property Tanaka I Carlos / \ / Property Gutierrez Property ' INOTE: ` ' This map may not be a certified survey 1 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 a with recording requirements for plats. -, m Tom Pistone Property James Rouser / T1 �\ � Property t � Leslie � / \ Pena Property i \1 House I = RESTRICTED AREA (estimated 1 inch 40 ft. extent of soil contamination \ exceeding applicable cleanup standards.) \ — - Property Lines o so 100 200 _ -- — T1 = 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-Figl.fc7 VERSION DATE: 5/12/2020 FIGURE 1 Beverly, Trudy From: Josiah Payne <josiah.cre@gmail.com> Sent: Friday, May 15, 2020 9:44 AM To: Beverly, Trudy Subject: Re: FW: [External] NRP for 4429 Woodwind St., Charlotte - Michael McManimen Property #47024 Attachments: 2928-nrp.pdf External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Thank you, Trudy. Carin was able to meet us yesterday and sign it. I have attached a copy of the filed document. Josiah On May 14, 2020 07:44:14 "Beverly, Trudy" <trudy.beverly@ncdenr.gov> wrote: Good Morning Josiah — I have reviewed the attached draft NRP for Michael McManimen Property, Incident #47024. The site is currently classified as high risk. The NRP looks good. The owner representative section needs to be signed and notarized. It is fine for Carin to do the UST Section approval. If she does, you will need to change the Regional Office from Mooresville to Winston Salem. Please coordinate with Carin for her availability and any restrictions or requirements for access to the Winston Salem Regional Office due to Covid exposure concerns. Have a great day, Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management e:Aro DEQNorth Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.Beverlykncdenr.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: https://deg.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https/deq.nc.gov/about/divisions/waste-management waste-management-rules-data/waste-management-gis-mates File Review Procedures: hUs://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures4mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): https://deq.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https://files.nc.gov/ncdeq/Waste%2OManaizement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policy.pdf httl2s://files.nc. gov/ncdeq/W aste%2OManagement/D W M[UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche. docx From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Thursday, May 14, 2020 5:54 AM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] NRP for 4429 Woodwind St., Charlotte CAUTION:rnal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Good morning Trudy, Will you take a look at this NRP for the Mike McManimen Property at the above address? Would it be ok with you and Ron if Carin Kromm signed the NRP on Ron's behalf? We will be up her way later today and tomorrow. The inactive water supply well on this property is going to be abandoned, so site should be low risk at that point. Thanks, Josiah Payne (336) 684-3836 Cedar Rock. ENVIRONMENTAL f cedarrockenvironmental.coml