MO-27728_47042_G_C_20200615_Draft Notice of Residual Petroleum for UST Review

Harmon Environmental. PA
615 I3ruce Thomas Road
Monroe, North Carolina 28112
June 15, 2020
Ms. Trudy Beverly, P.G.
North Carolina Department of
Environmental Quality
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Re: Transmittal of a Notice of Residual Petroleum
Upton Enterprises, LLC Property Non -Commercial,
Non -Regulated Heating Oil UST
2134 Lanier Avenue, Charlotte, North Carolina
Incident No. 47042
Project No. 843-01
Dear Ms. Beverly:
704-292-4527
harmonerr iron mental. com
JUN 18 2020
Attached please find a 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.
Sincerely,
Harmon Environmental, PA
.17
�vl
Richard L. Harmon, P.G.
President/Principal Hydrogeologist
Attachments
cc: Mr. Butch Upton - digital w/o attachment

NOTICE OF RESIDUAL PETROLEUM
Upton Enterprises LLC _ 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 Environment Quality (or its
successor in function), as authorized by N.C.G.S. Section 14313-279.9 and 14313-279.11. 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 14313-279.9 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 County
(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:
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-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
_MecklenbuM 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], 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, _ has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11, this day of 520
4ze-
t f agey is
(signature of resp Ibl' P>UoNey or otyagent if then e is one)
I (tie ofagent for qWgrrsrble party if there is one)
Signatory's name typed or printed:
NORTH CAROLIN
&d4V,,,,21d14f COUNTY
(Nance of county in­wfiiA acknowledgment was taken)
I certify that the following person(s) personally appea ed before me 'this day, each acknowledging to me
that he or she signed the foregoing document: _�^-hal
Date: 114��
(Official Seal) fjVotary P14140
Y0'TAO�."
expires: ; r ��r✓
(printed or lyfld name of Notary Public)
Notary Public
My commission
Revised February 7, 2019
3

Approved for the purposes of N.C.G.S. 14313-279.11
(signature of Regional Supervisor)
Regional Supervisor
(printed name of Regional Supervisor)
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 of Regional Supervisor)
Date:
(Official Seal)
expires:
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission
Revised February 7, 2019
4

LEGEND
NOTES:
APPROXIMATE LOCATION OF
THE PETROLEUM -IMPACTED SOIL REMAINING ON THE SITE APPEARS TO
PROPERTY BOUNDARIES
BE LIMITED TO THE AREA DEPICTED BY THE CIRCLE EXTENDING FROM
A DEPTH OF FIVE FEET BELOW GRADE TO THE WATER TABLE.
APPROXIMATE: LOCATION OF
THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED
RESIDENCES
BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY
APPLICABLE LAND DEVELOPMENT REGULATIONS [G.S.47-30(N)1
APPROXIMATE LOCATION OF
PAVED AND GRAVEL SURFACES
APPROXIMATE LOCATION OF
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 A
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

Beverly, Trudy
From:
Sent:
Beverly, Trudy
Monday, June 22, 2020 9:41 AM
To: [e-mail]
Subject: RE: [External] Upton Enterprises NORP (Incident No. 47042)
Great. Thanks and have a wonderful day.
Trudy
From: Rick Harmon [maiIto: [e-mail]]
Sent: Monday, June 22, 2020 9:32 AM
To: Beverly, Trudy <[e-mail]>
Subject: RE: [External] Upton Enterprises NORP (Incident No. 47042)
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Yes, mail it Harmon Environmental, PA
Thanks
Richard L. Harmon, P.G.
Harmon Environmental, PA
615 Bruce Thomas Road
Monroe, NC 28112
704-292-4527
On Mon, Jun 22, 2020 at 9:25 AM, Beverly, Trudy
<trudy.beverly(a-)ncdenr.gov> wrote:
Good Morning Rick,
The NRP for Upton Enterprises was received on 6/18/2020. 1 have reviewed the document and put it in Ron's
office for his review and signature. He should be in the office tomorrow morning to sign it. Will you be filing the
NRP? I want to make sure that Sherry mails it to the correct person.
Thanks,
Trudy
UeparLnen[ 01 Lmnronmentul 4ua Wty�
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.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.
From: Beverly, Trudy
Sent: Tuesday, June 16, 2020 9:01 AM
To: Rick Harmon <harmonenvCa-)-yahoo.com>
Subject: RE: [External] Upton Enterprises NORP (Incident No. 47042)
Good Morning Rick - Thank you for the update.
Have a great day,
Trudy
ef; fD��E �
LkWrUmnl o11ETrwwn m t31 Om
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.Beverlygncdenr.. og_v
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:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https:Hdeq.nc.gov/about/divisions/waste-managementlwaste-management-rules-datalwaste-mana eg ment igis-map_s
File Review Procedures:
https: //deq.nc. gov/about/divisions/waste-management/ustlfile-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https:Hdeq.nc.gov/about/divisions/waste-management/laserfiche

Document Submittal & UST File Names for Laserfiche Policies:
https://files.ne.2ov/ncdeq/Waste%20Manallement/DWMIUSTIWhatsNew/Final-Electronic-Document-Submittal-Poliev.pdf
https:Hfiles.nc.gov/ncdeq/Waste%20ManagementIDWM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx
From: Rick Harmon [mailto:harmonenv(a-)-yahoo.com]
Sent: Tuesday, June 16, 2020 8:31 AM
To: Beverly, Trudy <trudy.beverly(a)ncdenr.gov>
Subject: [External] Upton Enterprises NORP (Incident No. 47042)
VTTFW;r97kWxtPrn,ql email. Do not click links or open attachments unless you verify. Send all suspicious email as an
v
Ms. Berverly:
The NORP for the Upton site was mailed to the Mooresville office today.
Richard Harmon, P.G.
Harmon Environmental, PA
615 Bruce Thomas Road
Monroe, NC 28112
704-292-4527
harmonenvironmental. com