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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. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: W . FPZD E2cc �Cn+ �„ �£6r�v&:as Go Pv� 7Z� j FoL)"t S (( A. X ❑ Agent B. Receivelby (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express@ ❑ Adult Signature ❑ Registered Mail I III II III II I IIII IIIII II I I II IIII ❑ Adult Signature Restricted Delivery R ❑Registered Mail Restricted fICertified Mail@ Delivery 9590 9402 4867 9032 8292 93 ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Artirlp Ni imhpr /Trnrcfpr frnm --;— 1phon ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation — Mail 7 019 2280 0001 9833 0 717 Viail Restricted Delivery ❑ Signature Confirmation Restricted Delivery i PS Form 3811, July 2015 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: &'Fe I-- iil RP—(S MY.c CD R)BLIC, i-k-'A4-7+ ZUq i eq �aP e E)Aei-oTTg t Oc, z7ezi I IIIIIIIII IIII IIIIIIII II IIII III IIIII IIIIIII III 9590 9402 4867 9032 8292 86 1 9 ArHrlc Ni imhar rrrancfer from service label) --� 7019 2280 0001 9833 0724 I PS Form J61 1, July 2015 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ofe �Nes. LUPX-r po"i 06 Z�303 Domestic Return Receipt A. Signature X OL4 �ent ❑ AddYP.SRP.P. B. ffceived by (Pfi'nted Name) C. Date of Delivery ,kfe 41r jAce. 7`.2 -,2( o D. Is delivery a dress different from item 1? ❑ Yes If YES, enter delivery address below: ff No J. Jervice Type ❑ Adult Signature ❑ Priority Mail Express@ 0 Adult Signature Restricted Delivery Certified Mail@ ❑ Registered Mail- ❑ Registered Mail Restricted ❑ Certified Mail Restricted Delivery Delivery 13 Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation" sail ❑ Signature Confirmation vlail Restricted Delivery Restricted Delivery )0) = Domestic Return Receipt A. Signature X �,� �� �.1 Agent tjXddressee B. Receiv)e8 b(Y (P kited Name) C. D e of 96livery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No IIIIIIIII IIII III I IIIII II IIII IIIIIIII IIIII (III 3. Service Type ❑ Priority Mail Express@ ❑ Adult Signature ❑Registered Mallr"' ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted raj Certified Mail@ Delivery 9590 9402 4867 9032 8292 48 ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (rransfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirm: ' Mail ❑ Signature Confirm--, 7 019 2280 0001 9833 0762 Mail Restricted Delivery Restricted Delivery )0) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt N v E m mf ¢ o E a=— Q Q o T Z�� 'acid `c cc�- N m 2- 2 n U 0 -6t 0 E o a`¢¢o¢2u ❑❑❑ ❑ 1 E -0 o N ; 0 N U NY �c: ¢ iu 0 Qmm�¢ �a) 5W (D����� m U ,7} Vu)V) N m O• — a s73cf—= Q X m o U v o m d o QQUUUC M❑0$00E N N U U N 42) N Q C 2 Y o 0 :U M V U N-oE r8 c a c � � U C a) a) v 3 m o E c� O � IL M __ O rn ' p co T N N CO � —(D W 00 p I 0) O ,� 4 �LO f N — 0) �r , ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ►� � U t ��'c.ES (AlF�Kul—Lc�j OF LWP&Di7-6 (� rae-il+ FL u G ZSzpZ A. ❑ Agent D. Is delivery address different from item 1? ILJ Yet If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express@ ❑ Adult Signature ❑ Registered MailTM II I IIIIII IIII III I IIII IIIIII III I IIII I I I I III ❑ Adult Signature Restricted Delivery El Registered Mail Restricted 9590 9402 4867 9032 8292 79 Certified Mail@ ❑ Certified Mail Restricted Delivery Delivery El Return Receipt for Merchandise ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery El Signature Confirmation TM ❑ Signature Confirmation 9. Article Numher (Transfer from service label) 7 019 2280 0001 9833 Mail 0731 Olail Restricted Delivery Restricted Delivery O; PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: )4p. `iUe!5 DAUtp 6ippe CNA 7([f OG Zc3 3 A. Signat� X ❑ Agent G ❑ AdLsseeivr i rint� Name) C! D t�o�7 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No II I IIIIII IIII II I IIII I IIII II IIII IIII I I I 3. Service Type ❑ Priority Mail Expresso ❑ Adult Signature ❑Registered MaiITM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted gCertified Mail@ Delivery 9590 9402 4867 9032 8292 55 0 Certified Mail Restricted Delivery O Return Receiptfor ❑ Collect on Delivery Merchandise 9. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery Signature ConfirmationTM 7 019 2280 0001 9833 0755 n "n Mail ❑ Signature Delivery lion flail Restricted DeliveryRestricted Delive 0) H PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: kP- 4 a� Ai Ec. r—,;r, Z! 37 k-Ar;,f:E pP L)6 C��aa-n ' Oe- Z'kz" A. Signature X ❑ Agent ❑ Addre^sn9 B. Received by (Printed Name) C. Date of Di, D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No II IIIIII IIII III I IIII II IIII 3. Service Type ❑ Adult Signature o Priority Mail Express@ III IIII II II I ICI ❑ Adult Signature Restricted Delivery E% Certified Mail@ ❑Registered MaiITM ❑ Registered Mail Restricted 9590 9402 4867 9032 8292 31 ❑ Certified Mail Restricted Delivery Delivery ❑Return Receipt for 2. Article Number (Transfer from service label) ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise ❑ Signature ConfirmationTM 7 019 2280 0 0 01 9833 0779 hail flail Restricted Delivery O Signature Confirmation Restricted Delivery 0) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 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