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HomeMy WebLinkAboutMO-27728_47042_G_C_20200622_Conditional No Further Action LetterROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director Upton Enterprises, LLC Attn: Butch Upton 503 Crescent Hill Road Kings Mountain, North Carolina 28086 (via email) Dear Mr. Upton: NORTH CAROLINA Environmental Quality June 23, 2020 Re: Conditional Notice of No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Upton Enterprises, LLC 2134 Lanier Avenue, Charlotte Mecklenburg County Incident Number: 47042 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 contingent on the filing of the approved Notice of Residual Petroleum 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; 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" 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 being inclusive of, but not limited to, private houses, apartment complexes, schools, nursing homes, 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 14313-279.11, 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. 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. og_v or (704) 235-2182. Sincerely, � �'1• �v Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ Enclosure: Notice of Residual Petroleum (Original mailed to Harmon Environmental, 615 Bruce Thomas Road, Monroe, NC 28112, for filing with the Mecklenburg County Register of Deeds) cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Rick Harmon, Harmon 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 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 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 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 JUpton 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 _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, has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this day of , 20 Party if there is one) Signatory's name typed or printed: NORTH CAROLIN _COUNTY (Name of county in w ric i 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: Date: ( �� (Official Seal) '� i�a5N5515i5ipp ,�. o C Notary d name of Notary Public) lic My commission ®, Revised February 7, 2019 3 proved for the purposes of N.C.G.S. 143B-279.11 (Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality COUNTY 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) Dat • - AP 5� 2d 2 (official Se /) N01'q,9 ar )W l� k 4 LIG UN`TI Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 LEGEND NOTES: ®® APPROXIMATE LOCATION OF PROPERTY BOUNDARIES ®� APPROXIMATE; LOCATION OF RESIDENCES APPROXIMATE LOCATION OF PAVED AND GRAVEL SURFACES 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 APPROXIMATE LOCATION OF -� FORMER UNDERGROUND r' s STORAGE TANK ESTIMATED EXTENT OF APPROXIMATE SCALE IN FEET 0 PETROLEUM -IMPACTED SOIL 0 50 100 SOURCE: MECKLENBURG COUNTY POLARIS AND FIELD MEASUREMENTS HARMON ENVIRONMENTAL, PA 615 BRUCE THOMAS ROAD MONROE, NORTH CAROLINA 28112 704-292-4527 HARMONENVIRONMENTAL.COM FIGURE 1 ATTACHMENT A SITE LAYOUT MAP UPTON ENTERPRISES, LLC RESIDENCE 2134 LANIER AVENUE CHARLOTTE, NORTH CAROLINA Beverly, Trudy From: Beverly, Trudy Sent: Tuesday, June 23, 2020 3:11 PM To: Butch Upton; Rick Harmon; Morris, Brett L.; Caldwell, Shawna Subject: Upton Enterprises, LLC - UST Incident #47042 — Conditional No Further Action Letter Attachments: MO-27728_47042_G_C_20200622_Conditional No Further Action Letter.pdf Mr. Upton - Please see the attached Conditional No Further Action letter for Upton Enterprises, LLC located at 2134 Lanier Avenue, Charlotte, Mecklenburg County, North Carolina (UST Incident #47042). Rick — The original Notice of Residual Petroleum for filing with the Mecklenburg County Register of Deeds Office will be mailed to you today. Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality �twd 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-manaaement/ust Branch's Above Ground Storage Tanks Website Address: https:Hdeg.nc.gov/about/divisions/waste-mana2ement/ust/ast-proeram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://deo.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans File Review Procedures: https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hLtps://deq.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: htti)s:Hfiles.nc.eov/nedea/Waste%2OMana2ement/DWM/UST/W hatsNew/Final-Electronic-Document-Submittal-Policv.udf https:Hfiles.nc.gov/ncdeq/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx