HomeMy WebLinkAboutMO-27728_47042_C_NRP_20200630_Filed Notice of Residual Petroleum & Public Notice Receiptsirw
Harmon :Environmental, PA
615 Bruce Thomas Road 704-292-4527
Monroe, North Carolina 28112 harmonenvironmental.com
July 15, 2020
Ms. Trudy Beverly, P.G.
North Carolina Department of
Enviromnental Quality
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Re: Transmittal of an Executed Notice of Residual Petroleum
Upton Enterprises, LLC Non -Commercial, Non -Regulated Heating Oil LIST
2134 Lanier Ave., Charlotte, North Carolina
Incident No. 47042
Project No. 843-01
Dear Ms. Beverly:
Attached please find an Executed Notice of Residual Petroleum for the petroleum impacts remaining
in the vicinity of a former non-commercial, non -regulated, heating oil, underground storage tank
(UST) removed from the referenced property.
Additionally, attached please find copies of the return receipts documenting the certified public
notice letter has been sent and received. Thank you in advance for your prompt assistance in this
matter. Please call if you have any questions or require any additional information.
Sincerely,
Harmon Environmental, PA
14---,
Richard L. Harmon, F.G.
President/Principal Hydrogeologist
Attachments
cc: Mr. Butch Upton
FOR REGISTRATION
Fredrick Smith
REGISTER OF DEEDS
Mecklenburg CauntY NC
2020 JUN 30 09:13:{5 AM
BK:34748 PG:68-72
INSTRUMENT 4 2020097267
PHETSL
�Ia��;�,u��'iP
NOTICE OF RESIDUAL PETROLEUM
_Upton Enterprises, LLC Mecklenbur 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 Environment 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 Environment 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 14313-279.11, 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 County Register of Deeds' office Book , Page
(name of county)
Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg Countv
(name of county)
Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by
this reference.
Source Property
_Upton Enterprises, LLC of Charlotte North Carolina is the owner in
(owner's name) (city & state of homeowner)
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:
j
-....x' i+- r�a `YC,..;" o
(.x
Revised February 7, 2019
BEING Lot 16 in Block 4 of Subdivision known as "Hollywood" as shown on map thereof recorded in
Map Book 3 at Page 308 of the Mecklenburg Public Registry.
For protection of public health and the environment, the following land use restrictions required
by N.C.G.S. Section 143B-2799(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 1, 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 February 7, 2019
2
IN WITNESS WHEREOF,
N.C.G.S. Sections 14313-279.9 and 14313-279.11, this
of.
Signatory's name typed or printed:
NORTH CAROLIN
has caused this Notice to be executed pursuant to
day of 20_
c:!54
TiPf'%�/S5 L
qofj`espopsAkparty if agey is signtng 1
ItoNey or othof agent if the7ee is one)
party if there is one)
_ L14V,//�!l Af COUNTY
(Name o ounty ln-w-hich acknowledgment was taken)
1 certifi that the fnllowim�. per song's' versonall" " " i C Ii%flirC :ic iiliS day, GtiGll dCKI"IUWiedging t0 me
r i r J -F't y
that he or she signed the foregoing document:
Date: ' %!
f
(Official Seal) ( fjvota,y Poly) Ak ^ ,
"` �.�.ouovai��
�;'DO'S.,
expires:
name of Notary Public)
Notary
My commission
3
Revised February 7.2019
proved for the purposes of N.C.G.S. 1438-279.11
(Signature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
a�AL---COUNT`�
I certify that the following person personally appeared before me this day, each
Acknowledging to that he signed the foregoing document:
Ronald H . Taraban (full printed name of Regional Supervisor)
Date,
2
2
(Official Se
0
L
aAJ
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024
LEGEND
APPROXIMATE LOCATION OF
PROPERTY BOUNDARIES
APPROXIMATE LOCATION OF
RESIDENCES
APPROXIMATE LOCATION OF
PAVED AND GRAVEL SURFACES
APPROXIMATE LOCATION OF
- \ \V / J.,
NOTES:
THE PETROLEUM -IMPACTED SOIL REMAINING ON THE SITE APPEARS TO
BE LIMITED TO THE AREA DEPICTED BY THE CIRCLE EXTENDING FROM
A DEPTH OF FIVE FEET BELOW GRADE TO THE WATER TABLE.
THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED
BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY
APPLICABLE LAND DEVELOPMENT REGULATIONS [G.S.47-30(N)1
�. FORMER UNDERGROUND
�-" STORAGE TANK
ESTIMATED EXTENT OF APPROXIMATE SCALE IN FEET
0 PETROLEUM -IMPACTED SOIL
50 100
SOURCE: MECKLENBURG COUNTY POLARIS AND FIELD MEASUREMENTS
HARMON ENVIRONMENTAL, PA
FIGURE 1 ATTACHMENT
615 BRUCE THOMAS ROAD
SITE LAYOUT MAP
MONROE, NORTH CAROLINA 28112
UPTON ENTERPRISES, LLC RESIDENCE
704-292-4527
2134 LANIER AVENUE
HARMONENVIRONMENTAL.COM
CHARLOTTE, NORTH CAROLiNA a
Tracking Number: 70192230000193330743
We were unable to attempt delivery of your item on June 29, 2020 at 3:13 pm in CLOVER, SC
29710 due to interference by an animal. Your item will go out for delivery on the next business day
as conditions permit.
AI-rt�
June 29, 2020 at 3:13 pm
Delivery Exception, Animal Interference
CLOVER, SC 29710
Text & C maH Updates
TrracMng C starray
Jane 29, 2020, 3:13 pm
Delivery Exception, Animal Interference
CLOVER, SC 29710
We were unable to attempt delivery of your item on June 29, 2020 at 3:13 pm in CLOVER, SC 29710 due to
interference by an animal. Your item will go out for delivery on the next business day as conditions permit.
■ Complete items 1, 2, and 3.
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or on the front if space permits.
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Beverly, Trudy
From: Beverly, Trudy
Sent: Friday, July 17, 2020 9:15 AM
To: Rick Harmon
Cc: Butch Upton
Subject: RE: [External] Transmittal of Completed NORP - Upton Enterprises, LLC (Incident No.
47042)
Received.
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
E Q North Carolina Department of Environmental Quality
�� D-.
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. B everlykncdenr. 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:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://dea.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans
File Review Procedures:
htips://deg.nc. gov/about/divisions/waste-manaaement/ust/file-review-procedures#mooresville-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:Hfiles.ne.gov/ncdegfWaste%20Manatiement/DWM/USTfWhatsNew/Final-Electronic-Document-Submittal-Policv.pdf
htips:Hfiles.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Rick Harmon [maiIto: harmonenv@yahoo.com]
Sent: Friday, July 17, 2020 9:01 AM
To: Beverly, Trudy <trudy.beverly@ncdenr.gov>
Cc: Butch Upton <butch.upton@housemaster.com>
Subject: [External] Transmittal of Completed NORP - Upton Enterprises, LLC (Incident No. 47042)
• ernal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
M.spam@nc.gov
Ms. Beverly:
Attached please find the executed and completed Notice of Residual Petroleum (NORP) and postage return
receipts for the Upton Enterprises, LLC property at 2134 Lanier Avenue in Charlotte, North Carolina.
Please call or email if you have any questions or require any additional information.
Richard Harmon, P.G.
Harmon Environmental, PA
615 Bruce Thomas Road
Monroe, NC 28112
704-292-4527
harmonenvironmental.com