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HomeMy WebLinkAboutMO-27947_47244_G_C_20200728_Draft NRP for UST ReviewBeverly, Trudy From: Josiah Payne <josiah.cre@gmail.com> Sent: Tuesday, July 28, 2020 8:29 AM To: Beverly, Trudy Subject: RE: [External] NRP Review Irev,11111shImMernal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to ort.s am c nc. ov That sounds good, Trudy. I'll change it to the Raleigh office. Thank you for looking at these so quickly! I'll send you copies of the filed NRPs once we get them signed and filed. Hope you're staying well. Josiah On July 27, 2020 15:07:09 "Beverly, Trudy" <trudy.beverly@ncdenr.gov> wrote: Good Afternoon Josiah, I reviewed the two draft NRPs (Joe Gaskey Property in Concord & Jill Harkey Property in Charlotte). You will need to change Regional office to Raleigh on the UST review page if Mark will be approving the NRPs for filing. Everything looks good. Scott Bullock approved the groundwater language in the Joe Gaskey Property. However, the UST Section would not allow any water supply well to be installed downgradient of the plume of contamination if the owner were to request installation of a water supply well in the future. Have a great day, Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality Dewrvnenr w UST Section, Mooresville Regional Office �,. �,�,� aWm�` 704.235.2182 (Office) Trudy.Beverl a,ncdenr. -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: httos://deq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https:Hdeg.nc.aov/about/divisions/waste-management/ust/ast-prouam INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://dea.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans File Review Procedures: httns://dea.nc. eov/about/divisions/waste-manavement/ust/file-review-procedures#mooresville-reeional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hgps: Hdeg.nc. eov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: httus://files.nc.2ov/ncdeu/W aste%2OManaaement/DWMIUST/WhatsNew/Final-Electronic-Document-Submittal-Policy.odf httos://files.nc. gov/ncdeg/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file°/`20names%20for%2OLaserfiche.docx From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Monday, July 27, 2020 8:42 AM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Cc: Powers, Mark <mark.powers@ncdenr.gov>; Dad <cedarrockenv@gmail.com> Subject: [External] NRP Review CAUTION:rnal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Good morning Trudy, Would you mind taking a look at these two NRPs? We'd like to take them with us on Wednesday for Mark to sign them in Raleigh. The NRP for the Joe Gaskey Property in Concord has an different version of the groundwater restriction. His property is currently using a community well located several hundred feet away on another property, however, Mr. Gaskey's property is large enough to where he could drill a well on his property greater than 150 feet from the petroleum release if he ever needed to. Caroline in Asheville told us to use this wording on a similar property up her way and I figured it might work well here, so please take a look at that. I have also attached our abandonment report for this site. The NRP for the Jill Harkey Property in Charlotte has to be filed a little prematurely. We are scheduled to remove the UST and excavate contaminated soils tomorrow, however, they are scheduled to close on Friday and we won't have lab results back by then to confirm if we cleaned up all of the contamination. Our clients are not willing to reschedule the closing date and so the NRP needs to be on file by Friday. If our lab results come back and show that we have in fact cleaned them up, I guess we will then have to file a cancelation of NRP. Thanks! Josiah Payne (336) 684-3836 Cedar Rock ENVIRONMENTAL NOTICE OF RESIDUAL PETROLEUM Joe Gaskey Property Cabarrus 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 Cabarrus Register of Deeds' office Book , Page (name of county) Any map or plat required by DEQ has been/shall be recorded at the Register of (name of county) Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Joe F. Gaskey and wife, Stephanie C. Gasket' of Concord, 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 Cabarrus , State of North Carolina, and is known and legally described as: See Attachment A (excerpted from Cabarrus County Register of Deeds Book 1057, Page 155). 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 Cabarrus 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: New or replacement water supply wells of any kind shall not be installed or operated on the site for any purpose other than monitoring groundwater quality or providing for the remediation of contaminated groundwater without prior written approval by the appropriate Regional Office of the DEQ, Division of Waste Management, Underground Storage Tank Section, or its successor in function. 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, Joe F. Gaskey and wife, Stephanie C. Gaskey has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this 27' day of July , 2020. Lo Joe F. Gaskey and wife, Stephanie C. Gaskey (name of responsible party if agent is signing) (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 Lying and being in No. Township, Cabarrus County, North Carolina, on the west side Lenhaven Street, adjoining the property of Joe F. Gaskey, Sr., David B. Boger, Len B. Brafford and Mrs. Frank Brafford and being more particularly described as follows: BEGINNING at a point in the center line of Lenhaven Street, corner of Mrs. Frank Brafford and runs thence with the center line of Lenhaven Street two (2) lines as follows: 1st) S. 12-43 E. 131.02 feet to a point; thence 2nd) S. 20-52 E. 53.98 feet to a point, corner of Joe F. Gaskey, Sr.; thence with the line of Joe F. Gaskey, Sr. S. 74-56 W. (passing an iron on line at 30.15 feet) for distance of 231.18 feet to an iron pin, corner of Joe F. Gaskey, Sr., David Boger and Len B. Brafford; thence with line of Brafford N. 20-52 W. 185.3 feet to an iron pin in the line of Mrs. Frank Brafford; thence with the line of Mrs. Frank Brafford N. 75-18 E. (passing an iron on line at 219.72) for a distance of 249.74 feet to the BEGINNING, containing 0.98 acres, more or less, as surveyed and platted by Billy B. Long, Sr., RLS, June 18, 1993. ATTACHMENT B "I N 1 Nathan Phillips - \ Property - Frankie Phillips \ - Property m J House T1 \ Roland Mays Property ' Joe Gaskey / - Property David NOTE: Boger Property This map may not be a certified survey RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) and has not been reviewed by a local government agency for compliance with any applicable land development regulations and has not been reviewed for compliance with recording requirements for plats. — - Property Lines T1 = 560-Gallon UST o 25 50 100 PROJECT: Joe Gaskey Property INCIDENT # Pending LOCATION: 75 Lenhaven Street Concord, Cabarrus Co. CRE PROJECT NUMBER: 296622590 CEDAR ROCK ENVIRONMENTAL, P.C. FILENAME: 2966NoRP.fc7 VERSION DATE: 7/17/20 1 Inch = 50 Feet FIGURE 1