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HomeMy WebLinkAboutMO-8358_36906_G_C_20210928_Conditional No Further ActionROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Oleg Biller 532 Jefferson Drive Charlotte, NC 28270 (via email) Dear Mr. Biller: NORTH CAROLINA Environmental Quality September 28, 2021 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Wagner Residence 532 Jefferson Drive, Charlotte Mecklenburg County Incident Number: 36906 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 (see attachment); 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 portion of the property containing the soil contamination is suitable only for restricted residential use ("residential" 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at 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 map and declaration for a Notice of Residual Petroleum with D E Q North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC a28115 1 (704) 663-1699 Department onaouNn ent of Environmental Dual 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 (signature required delivery acceptance or documentation of refusal), 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 by email at Trudy.Beverlygncdenr.gov or by phone at (704) 235-2182. Sincerely, X2U4r Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Rick Harmon, Harmon Environmental (via email) Luda & Yuri Vaynshteyn, Engel & V61kers Charlotte (via email) Attachment: Notice of Residual Petroleum (mailed to Harmon Environmental for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1 (704) 663- 1699 Q E Q�� North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC aonaouNn 28115 1 (704) 663-1699 Department of Environmental Dual NOTICE OF RESIDUAL PETROLEUM _Wagner Residence , JMecklenbur& _County, North Carolina 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 14313-279.9 and 14313-279.11. 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 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 Mecklenburg County_ Register of Deeds' office Book , Page Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg County_ Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property _Oleg P. Biller & Irina Biller_ of Charlotte, North Carolina _ is the owner in fee simple of all or a portion of the Site, which is located in the County of JMecklenburg, State of North Carolina, and is known and legally described as: Revised February 7, 2019 Being all of Lot 4 in Block B of Jefferson Drive as shown on map thereof recorded in Map Book 1487, Page 395 of the Mecklenburg County Public Registery. 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 (Refer to extent of contamination as diagrammed in an existing report and attach copy of that figure(s)). 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 prohibiled 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 IN WITNESS WHEREOF, s fl a- 4Jhha caused this Notice to be executed pursuant to N.C.G.S. Sections 143E-279.9 and 14313-279.1 1 this Z, 0 day of 49`0 +e4�-02( we of responsible party if agent is signing) By:.. — (signature of responsible rtv, attorney or other agent if there is one) Q,�rf iZei" (title of a ent for respon'sib e party if there Y one) Signatory's name typed or printed: _ (`���0, #-Ie J NORTH CAROLINA kAU(fV- L C-JN 4:>u 2Ci COUNTY (Name of county in which acknowledgment was taken) I certify that the following person( personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: T(L-E-N- 74 9:r Li_C 9- Date: q. i "'l- L-kSEr - t oqzQ < (Official Seal) SNNIKO 1/ e e °PJ�•'NEXPIRES •• � ei a �' •a G� �J •• (� 1 6 \G >: - v Biiiii11111°°, (signatur of Notary Public ::; u I--P(- KA-V- (printed or typed name of Notary Public) Notary Public My commission expires: Revised February 7, 2019 Approved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) Ronald H. Taraban, Ph.D. Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environmental Quality County, State of North Carolina 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: Ronald H. Taraban (printed name of Regional Supervisor) Dat 8n i Sherian R. Black, Notary Public MY 0 AdISSIDNp,R�S 2 s�.o Q� �/eLIG Usi Notary Number: 20041820022 My commission expires: Julv 12, 2024 LEGEND APPROXIMATE LOCATION PROPERTY BOUNDARIES APPROXIMATE LOCATION OF RESIDENCE APPROXIMATE LOCATION OF PAVED SURFACES NOTES: THE PETROLEUM -IMPACTED SOIL REMAINING ON THE SITE APPEARS TO BE LIMITED TO THE AREA DEPICTED AND EXTENDING FROM A DEPTH OF TWELVE FEET BELOW GRADE TO THE WATER TABLE. THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED r APPROXIMATE LOCATION OF BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY FORMER UNDERGROUND APPLICABLE LAND DEVELOPMENT REGULATIONS (G.S.47-30(N)] STORAGE TANK (UST) APPROXIMATE LOCATION OF APPROXIMATE SCALE IN FEET EXCAVATION =06= 1 ESTIMATED EXTENT OF PETROLEUM 0 40 $0 c:D IMPACTED SOIL SOURCE: MECKLENBURG COUNTY POLARIS AND FIELD MEASUREMENTS HARMON ENVIRONMENTAL, PA 615 BRUCE THOMAS ROAD MONROE, NORTH CAROLINA 28112 (704) 764-5694 PHONE & FAX FIGURE 1 ATTACHMENT A SITE LAYOUT MAP WAGNER RESIDENCE 532 JEFFERSON DRIVE CHARLOTTE, NORTH CAROLINA Beverly, Trudy From: Beverly, Trudy Sent: Tuesday, September 28, 2021 10:53 AM To: Oleg Biller Cc: 'Shawna Calwell'; 'Morris, Brett L.'; 'Rick Harmon'; Yuriy Vaynshteyn; Luda Vaynshteyn Subject: Wagner Residence - UST Incident #36906 — Conditional No Further Action Attachments: MO-8358_36906_G_C_20210928_Conditional No Further Action.pdf Please see the attached Conditional No Further Action letter for Wagner Residence located at 532 Jefferson Drive, Charlotte, Mecklenburg County, North Carolina (UST Incident #36906). Rick — The original NRP will be mailed by USPS today for filing with the Mecklenburg County Register of Deeds. Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management D_EQ North Carolina Department of Environmental Quality ��qurar� UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.13everlykncdenn 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