HomeMy WebLinkAbout22010-18-092_Glenwood Square_NFA&NORP_20040813(Page 1 o6 10)
BKO1097OPGO1177
o�
NCDENR
North Carolina Department of Environment and N
Michael F. Easley, Governor Dexter R. Matthews, Director
Resources
William G. Ross Jr., Secretary
DIVISION OF WASTE MANAGEMENT
UNDERGROUND STORAGE TANK SECTION
t
August 13, 2004 WAKE COUNTY, NC 781
LAURA h RIDDICK
Mr. David Lawrence REGISTER OF DEEDS
American Cancer Society PRESENTED 8 RECORDED ON
2200 Lake Blvd., NE 08/1312004 AT 16:21:41
Atlanta, GA 30319
Re: Notice of No Further Action ROOK:010970 PAGE:01177 — 0118s
15A NCAC 2L .0115(h)
Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks
American Cancer Society Property/Tao Auto
623 Hillsborogh St
Raleigh, Wake County
Incident # 11083
Low Risk Classification
Dear Mr. Lawrence:
The Underground Storage Tank (UST) Section, Division of Waste Management Raleigh
Regional Office has received both a Site Cleanup and Site Closure Request on July 26, 2004 and
a Notice of Residual Petroleum, dated August 11, 2004, for the above -referenced Site. A review
of the report for the site shows that soil contamination does not exceed the residential maximum
soil contaminant concentrations and groundwater contamination meets the cleanup requirements
established in 15A NCAC 2L .0202 for the sites. No further assessment or remedial actions are
required at this time. However, please be advised that because groundwater contamination still
exceeds the groundwater quality standards established in 15A NCAC 2L .0202, groundwater
within the area of contamination or within the area where contamination is expected to migrate is
not suitable for use as a water supply.
Pursuant to NCGS 143B-279.9 and 143B-279.11, you must file the approved Notice of Residual
Petroleum (attached) 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. This No
Further Action Determination will not become valid until the UST Section receives a
certified copy of the Notice of Residual Petroleum that is riled with the Register or Deeds
and the public notice requirements outlined below are completed.
NorthCaro
lina
1628 Mail Service Center, Raleigh, North Carolina 27699-1628 Aummily
Phone: 919-571-47001 Fax: 919.571-4718 LInternet: www.enr.state.nc.us/ENR
An Equal Opportunity/Affirmative Action Employer - 50% Recyciedl 10% Post Consumer Paper
(Page 2 of 10)
BK01 0970PGO1 178
Public notice in accordance with 15A NCAC 2L .0115(k) is required as follows. Within 30 days
of receipt of this no further action letter, you must provide a copy of this letter to the following
persons:
o Local health director;
® Chief administrative officer (i.e., Mayor, Chairman of the County Commissioners, County
Manager, City Manager or other official of equal or similar position) 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.
Copies of this no further action letter must be sent to the persons listed above by certified mail.
If it is impractical to provide this public notice by certified mail to the occupants of apartment
buildings, condominiums, office buildings, etc., you may post a copy of this letter in a prominent
place where the occupants are most likely to see it.
Within 60 days of receiving this no further action letter, you must provide the UST Section
Raleigh Regional Office with proof of receipt of the copy of the letter or of refusal by the
addressee to accept delivery of the copy of the letter. If a copy of the letter is posted, you must
provide the UST Section with a description of the manner in which the letter was posted.
Pursuant to 15A NCAC 2L .0115(e), you have a continuing obligation to notify the UST Section
of any changes that you know of or should know of, that might affect the level of risk assigned to
the discharge or release. Such changes include, but are not limited to, changes in zoning of real
property, use of real property or the use of groundwater that has been contaminated or is
expected to be contaminated by the discharge or release, if such change could cause the UST
Section to reclassify the risk. Please note that this responsibility not only pertains to changes
involving the property on which the release occurred, but to changes involving the surrounding
properties as well.
Please be advised that you should close any monitoring wells or injection wells used to
investigate or remediate this incident in accordance with 15A NCAC 2C .0113 and .0214,
respectively. For guidance on closure of infiltration galleries, please contact The Division of
Water Quality, Groundwater Section at Raleigh Regional Office.
Should you have any questions concerning this letter, please contact Walt Plekan at (919) 571-
4700.
Sincerely,
Robert K. Davies
Raleigh Regional UST Section Supervisor
cc: Wake County Health Department
East Coast Environmental, 3709 Junction Blvd, Raleigh, NC 27603
Staubach, Mr. Guy Harvey, 14600 Weston Pkwy, Suite 100, Cary NC 27513
RRO-Incident Files
(Page 3 of 10)
BKO1097OPGO1179
NOTICE OF RESIDUAL PETROLEUM
AAte/'i�ay► CoAcer /7'4o 4yk ( ok4G 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 and Natural Resources (or its
successor in function), as authorized by N.C.G.S. Section 143B-279.9 and 14311-279.11. The North
Carolina Department of Environment and Natural Resources shall hereinafter be referred to as
"DENR".
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 DENR 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 DENR pursuant to N.C.G.S. Sections 143B-279.9
and 14313-279.11 and has/shall be recorded at the WAk e.
(name of county)
Register of Deeds' office Book , Page
SourceProm
of 144460�24�, �i is the owner in fee
(Uvner's name) (city & state of hon owner)
simple of all or a portion of the Site, which is located in the County of ,State of North
Carolina, and is known and legally described as:
(Insert Real Property Description Here for Source Property)
QQ Additional Affected Property Also Subject to Restrictions
/7/f_11rs is the owner in fee simple of a portion of
Owner's Name to
the Site, which is located in the County of - , State of North Carolina. Petroleum
contamination is located on this property at the time this Notice is approved. This property was also owned
or controlled by the underground storage tank owner or operator or another party responsible for the
petroleum discharge or release at the time the discharge or release was discovered or reported, or at any
time thereafter. This property is known and legally described as:
Revised September 27, 2002
(Page 4 of 10)
BKO1097OPGO1180
(Insert Real Property Description Here for Additional Properties Owned or Controlled by Any Owner or
Operator of the Underground Storage Tank or Other Responsible Party, if Applicable)
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 s't i e�x ess of unrestricted use
standards and cannot be amended or cancelled unless and until the Cc
Register of Deed
receives and records the written concurrence of the Secretary (or his/her delegate) of DENR (or its
successor in function).
Additional Affected Pronerty Not Subject to Restrictions
Additionally residual petroleum is also located on the following property. The following property
is not subject to land use restrictions pursuant to N.C.G.S. Section 143B-279.9(b). The following
property is known and legally described as:
(Insert Legal Description of Other Real Property Affected by Residual Petroleum Not Owned or
Controlled by Any Owner or Operator of the Underground Storage Tank or Other Responsible Party, if
Applicable)
PERPETUAL LAND USE RESTRICTIONS
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
4 Revised September 27, 2002
(Page 5 of 10)
BK01 0970PGO1 181
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 DENR 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 DENR (or its successor in function) shall be subject to enforcement by DENR 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.
IN WITNESS WHEREOF, Cr r. ?av
ed this Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279.11, this of ,
(name of r%ggadkleyarly if agent is signing)
By:
(signature of attorney or other agent lfthere is one)
We of agent for responsible party if there is one)
Signatory's name typed or printed: J,
STATE OF NORTH CAROLINA
COUNTY
a Notary Public of said County and State, do hereby certify that
(name of Notary Public)
�g✓t� Z,2�_t-41_ E personally appeared before me this day and acknowledged that he/she is the
/�
(name) /!
SW 6KP. �Yr. of _ �ftu� 4+Nttoi � and that by authority duly given, and as the act
(title) (company)
of , the forgoing instrument was signed in its name by such UP 6,zp 1�,r - .
(company) (title)
WIrT,DiC� "S.mv hand and seal this the $ day of AJC-,/sr , 20 0.
no�—
' O • NftyPtti k Cobb County, Geotpis
h C am)". My Commission Expires August .
s+•! s Notary Public (signature)
Wyly �� „
c Rssio Tres 20�%.
iNTe purposes ofN.C.G.S. 143B-279.11
(s, aoleofRgional Supervisor)� &4 K.�k. vt �� _ , Regional Supervisor
(printed name of Regional Supervisor
61A0.44 Regional Office
(name of Re ton)
UST Section
Division of Waste Management
Department of Environment and Natural Resources
NORTH CAROLINA
COUNTY
Revised September 27, 2002
(Page 7 of 10)
BK010970PGO1183
IFA
a Notary Public of said County and State, do hereby certify that
did personally appear and sign before me this the day of
��� N. MOO
Not Pub t (signature) IA;?
? F
�►�Of c al al;
My commission expires 120
'oC/B�
COUN `
Revised September 27, 2002
6
(Page 8 of 10)
BK010970PG01184
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Register of Deeds
Book 5874 Page 0609
623 Hillsborough Street, Raleigh, North Carolina
BEGINNING at the point at the southeastern corner of the intersection of Hillsborough
Street and Boylan Avenue in Raleigh, North Carolina, the Northwestern corner of a lot
according to the survey of said property by J. Fred Davis, Jr., Inc., dated 12-21-83 and
updated on 6-2-87 and entitled "Property of American Cancer Society"; and Hillsborough
Street South 79" 14' 15" East 91 feet to an iron pipe on the Southern right-of-way of
Hillsborough Street, the Northeast corner of said lot; thence South 10" 15' 20" West
124.75 feet to an iron pipe; thence South 79" 28' 18" East 86.49 feet to a point on the
Eastern right-of-way of Boylan Avenue; thence along the Eastern right-of-way of Boylan
Avenue North 8' 20' 43" East 135.22 feet to the point and place of beginning, according
to the survey of said property by J. Fred Davis, Jr., Inc., dated 12-21-83 and updated on
6-2-87 and entitled "Property of American Cancer Society" to which reference is hereby
made.
(Page 9 of 10)
BK010970PG01185
U5874PGO609
,M2 R..i l*Mwogh stet and is aura parti-aarly described as
falla�srt
b10DOh m at a ppooint at the southassuYm corsgr of
the ietarseation of Rillaborolgh Street and Nuylsn A�aams
Of 18
lotaftlaighccording to the s» aala proper" owrft Carolina, the warth—tem �� lead
Danis ar., atop. datled aftopazt, of�7 Ameriaag dower Rcaisty+,and
and
eaticoatiins M thence With the southern right-of-w7 of
SS.11 Street South 79. 14r 150 Rost 91 feet to an
iron pipe an the Soothers right-cr-Way of aiilsbaroo9h
Straot, the Northeast Owmw of gold loft thence South
14. 15' 20+ Rest 124.75 teat to an irm Pipe, thsaoe
SouthrM rigage ht-of-way 1s+ mast a4.49 test to a point on the
of Soylan aenoe, tbsmm ahoy the
Ssstarn right• of -War of Px►ylaa Areaw north S2
Sent IL-15.Z2 feet to t1jo point and place of befflaft1W
s000rdinq to the s=v" of said property by J. Fred I
Jr., Inc., dated 12-21_S2 and updated an h2-57 and
eutitlad +preparty of American dawar ioalatY• r to tlhioh
Earereooe is hereby Made.
2. The AMeriaaa Cancer Saoiety. North Carolina Division.
Dso. nc Grantor as to the Seoomd Parcel and Grant" as to the that
paraal *micas to greats a ran-amclmin t in favor of the
First paroal for the purpoee allowing tba aWntar or the rim Parwl
to be" a right of ingress and a4rsaa over and upon and to Par![ up
to and including twenty -rows (24) rotor vehicles upon the fo"*W'Mg
area located on the Second parcel:
RNGDRRNG at as iron pipe an the aeseare right of Way of
N0Y1as Aveam, approximately U2.09 feet From the
-- &at&" oaxner of the lntsrsaation of baylaa Avanae
and Uorges *treat si.d oomtinI thence North S' 200 420
Nast 47 feet to a point an the ORSUrn right Of Wag' cf
loylas Arenaei tbeaca South 79. 14. 15+ Rost 91fas tto
to
a Point, themm alomg the Yastwu bw=WW sy inc
Pascal South 10• I5. 20+ ■art a dist"M of tX"
112.09 rest to an iron pipe at the Sootbeastem boosdIM
line of ww property; thaa�oe South 79. 2S' 11+ Rost $4.49
feet to an ran is. the point and place of Nagy >
fhe segment created by this Agtaoaat is ea *&*patent that.
shall ztm with the land and gball be binding upon and shall inane'
=.•tom.; .. - -. ..
a
(Page 10 ,of 10)
�KO1 0970PG1185A
' WK:e18970 PAGE:01177 - 01185 J
Yellow probate sheet is a vital part of your recorded document.
Please retain with original document and submit for rerecording.
Wake County Register of Deeds
WAKE Laura M. Riddick
COUNTY Register of Deeds
NORTH CAROLING
North Carolina — Wake County
The foregoing certificate S of �eU R e vu—
Kct l-tooye
Notary(ies) Public is (are) certified to be correct. This instrument
and this certificate are duly registered at the date and time and in the book and
page shown on the first page hereof.
Laura M. Riddick, Register of Deeds
By. t • 0-,�W
AssistantA3eputy-Register of Deeds
This Customer Group This Document
# of Time Stamps Needed New Time Stamp
# of Pages
xs.00+-m 1ma