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Home My WebLink AboutMO-28338_47594_G_NORR_20210326_Conditional No Further Action LetterROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director Cabarrus County Kyle Bilafer P.O. Box 707 Concord, North Carolina 28026 (via email) Dear Mr. Bilafer: NORTH CAROLINA Environmental Quality March 26, 2021 Re: Conditional Notice of No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Union Street South 61 Union Street South, Concord Cabarrus County Incident Number: 47594 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 groundwater contamination meets 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. As groundwater contamination may exceed the groundwater quality standards established in Title 15A NCAC 2L .0202, and soil contamination may exceed the residential MSCCs, pursuant to NCGS 143B-279.9 and 143B-279.11, you must file the approved plat and declaration for a Notice of 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 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 groundwater contamination may exceed the groundwater quality standards established in Title 15A NCAC 2L .0202, 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(a)ncdenr.gov 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 CESI, Attn: Steve Irminger, P.O. Box 268, Concord, NC 28026 for filing) cc: Chrystal Swinger, Cabarrus County Health Department (via email) Mike Downs, Cabarrus County Manger (via email) Steve Irminger, CESI (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 NOTICE OF RESIDUAL PETROLEUM Union Street South, 61 Union Street South, Concord, 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 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 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 County Register of Deeds' office Book , Page (name of county) Source Property Cabarrus County of Concord, North Carolina is the owner in fee (owner's name) (city & state of homeowner) 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: Revised February 7, 2019 Means — Union & Corbin Streets Additional Affected Property Also Subject to Restrictions [NONE] of is the owner in fee simple of a portion of (owner's name) (city &state of owner 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: [Not applicable] Additional Affected Property Not Subject to Restrictions [NONE] 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 roe is known and legally described as: [Not 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 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). Revised February 7, 2019 PERPETUAL LAND USE RESTRICTIONS Groundwater: Groundwater front 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. IN WITNESS WHEREOF, k.Yc.j, 31t.4,F-ER has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this AW day of lhc,rch , 20 a 1 . (name of re nsible party if agent is signing) By: (sig a)re responsible party,, attorney or other agents there is one) C C Caunl� ; / /4Z&' e jeZ ": ott tle of agent for responsible party f there is one) Signatory's name typed or printed: (\N`C S ;,_ ArrJ9, NO TH CAROLINA a4,COUNTY (Name of county in which acknowledgment was taken) a Notary Public for said County and State, do hereby certify that `' personally came before me this day and acknowledged that he is of nd acknowledged, on behalf of t �S t, , the grantor the due execution of the foregoing instrument. WITNESS my hand and official seal, this the day of f# , 20 (Official Seal) e`�.� �� K e� ,��' (sigma are Notary ubl ®�q9 •�'. % printed or typed natne of Notary Public) ®n : �" Notary Public s�1111111110 % My commis ion expires: r - n- x3l Revised February 7, 2019 Approved for the purposes of N.C.G.S. 143B-279.11 ignature of egional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA -�rer� l i COUNTY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ronald H . Tara ban (full printed name of Regional Supervisor) Date: � ZD2� (Official Seal) eat taaT�A ��' MY ® *08 L\G coai Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 Beverly, Trudy From: Beverly, Trudy Sent: Friday, March 26, 2021 3:29 PM To: Kyle Bilafer Cc: Chrystal L Swinger; Mike Downs; Steven Irminger Subject: Union Street South - UST Incident #47594 — Conditional No Further Action Attachments: MO-28338_47594_G_NORR_20210325_Conditional No Further Action Letter.pdf Please see the attached Conditional No Further Action letter for Union Street South located at 61 Union Street South, Concord, Cabarrus County, North Carolina (UST Incident #47594). The original Notice of Residual petroleum will be mailed to CESI for filing with the Cabarrus County Register of Deeds. Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management _ North Carolina Department of Environmental Quality ��r/ UST Section, Mooresville Regional Office 01 704.235.2182 (Office) Trudy. B everlykncdenn 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://deg.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: hips://deq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://dea.ne. gov/about/divisions/waste-manaaement/waste-management-rules-data/waste-management-gis-mans File Review Procedures: hops://deg.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): fts://deq.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https://frles.nc.2ov/ncdecl/W aste%20Mana2ement/DWM/UST/W hatsNew/Final-Electronie-Document-Submittal-Policy.pdf htips:Hfiles.nc.gov/ncdeq/Waste%20Management/D WM[UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx