Loading...
HomeMy WebLinkAboutMO-29283_48450_G_C_20220620_Conditional No Further ActionROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Creech Properties I LLC Attn: Michael Creech P.O. Box 1750 Angier, NC 28501 (via email) Dear Mr. Creech: NORTH CAROLINA Environmental Quality June 20, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Creech Properties I LLC Property 2530 Lane Street, Kannapolis Cabarrus County Incident Number: 48450 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 (received June 20, 2022), verified by the receipt of a certified copy of the filed NRP by this office (received June 20, 2022, 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. 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 NORTH CAROLINA 28115 1 (704) 663-1699 Department of Environmental Dual As soil contamination may exceed the residential MSCCs, pursuant to NCGS 143B-279.9 and 143B-279.11, you must file the approved map 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 (received June 20, 2022). 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.Beverlykncdenr. og_v or by phone at (704) 235-2182. Sincerely, � `m om Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Robert Payne, Josiah Payne, & Damien Callaghan, Cedar Rock Environmental (via email) Chrystal Swinger, Cabarrus County Environmental Health (via email) Mike Downs, Cabarrus County Manager (via email) Attachment: Notice of Residual Petroleum (filed with the Cabarrus County Register of Deeds on May 23, 2022) Mooresville Regional Office 1610E Center Ave I Suite 3011 Mooresville, NC 28115 1 (704) 663-1699 D E7>QNorth 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 of Environmental Dual 6036 004.3 FILED ELECTRONICALLY CABARRUS COUNTY NC Ium21-MZpan ZNwN]ZI FILED May 23, 2022 AT 08:27:00 AM BOOK 16036 START PAGE 0043 END PAGE 0048 INSTRUMENT # 16828 EXCISE TAX $0.00 NOTICE OF RESIDUAL PETROLEUM Creech Properties I, LLC Property48450 Cabarrus County, North Carolina (Site name) (Incident #) Current property owner's Deed Book 13875 Pages 272-273 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) Source Property Creech Properties I, LLC of Angier, 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 13875, Page 272). Revised February 5, 2019 Page 1 of 4 submitted electronically by "Cedar Rock Environmental, P.C." in compliance with North Carolina statutes governing recordable documents and the terms of the Memorandum of understanding with the office of the Register of Deeds of Cabarrus county. NCGS 47-14(al)(5). 16036 0044 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 standards) 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 1, Attachment B 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. 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 5, 2019 Page 2 of 4 16036 0045 IN WITNESS WHEREOF, Creech Properties I, LLC has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this 201 day of May , 2022. Creech Properties I, LLC (name o responsible party if agent is signing) By: (signature of esponsible party, attorney or other 3gent 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 Mrw.GnGG 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: AA" TO. ?.0'7_2 (Official Seal) JOSIAH D PAYNE Notary Public Alamance Co., North Carolina My Commission Expires Oct. 22, 2025 (si ture of 1 otary Publi printed or typed name of Notary Public) Notary Public My commission expires: LierA, ZZ Zo Z.3- Revised February 5, 2019 Page 3 of 4 16036 0046 Approved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) Je9 RfC PG4-1E�; Regional Supervisor (printed name of Regional Supervisor) Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA Ini&L'- 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: /U1c r Ic- 12. hoc xr 5 (full printed name of Regional Supervisor) Date: AAC,&4 201 Zo 7_Z (Official Seal) (signat�ary Public) _ k V. 1pc... �- ,S.-� Slu- JOSIAH D. PAYNE(printed ortyped name ofNotaryPublic) Notary Public Notary Public Alamance Co., North Carolina My Commission Expires Oct. 22, 2025 My commission expires: OAe . 724 Zo V7 Revised February 5, 2019 Page 4 of 4 16036 0047 ATTACHMENT A Property Address: 2520 Lane St., Kannapolis; NC 28083 Lying and being in Number Four Township, on the south side of Lane Street, and being more particularly described as follows: BEGINNING at an iron stake in the bank of the south side of Lane Street, front corner of W.G. Hampton and wife, Beulah N. Hampton and runs thence S. 9 W. 159.1 feet to an iron stake in the line of W.G. Hampton and B.A. Hileman; thence with the Hileman line, N. 80 W. a distance of 100 feet to an iron stake in the line of D.L. Miles; thence with the said D.L. Miles line, N. 9 E., a distance of approximately 158 feet to an iron stake, a new corner; thence S. 84 1/2 E., a distance of 100 feet with Lane Street to the BEGINNING. 16036 0048 ATTACHMENT B NOTE: This map may not be a certified survey 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. Lane Street I Steve Barrier Property Clemente Abad Property Building T1 i Lane Street Baptist Church Property 0 20 40 80 1 Inch = 40 Feet PROJECT: Creech Properties I LLC Property INCIDENT # 48450 LOCATION: 2530 Lane Street Kannapolls, Cabarrus Co. CRE PROJECT NUMBER: 343022590 RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) — - — Property Lines T1 = 550-Gallon UST CEDAR ROCK ENVIRONMENTAL, P.C. FIGURE 1 FILENAME: 3430NoRP.fc7 VERSION DATE: 5119/22 Beverly, Trudy From: Beverly, Trudy Sent: Monday, June 20, 2022 8:49 AM To: 'Mike Downs'; 'Chrystal Swinger' Subject: FW: Creech Properties I LLC Property - UST Incident #48450 — Conditional No Further Action Attachments: MO-29283_48450_G_C_20220620_Conditional No Further Action.pdf Please see below and attached letter. Trudy I • upa' IMnWMMMU1 4wY1!' Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy. B everlykncdenr. 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-management/ust Branch's Above Ground Storage Tanks Website Address: https:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://dea.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-maps File Review Procedures: htips://deg.nc. gov/about/divisions/waste-manaaement/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): https://deq.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https:Hfiles.ne.gov/ncdegfWaste%20Manatiement/DWM/USTfWhatsNew/Final-Electronic-Document-Submittal-Policv.pdf htips:Hfiles.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Beverly, Trudy Sent: Monday, June 20, 2022 7:55 AM To: Michael Creech <mcreech@customsmilesinc.com> Cc: Bob Payne <cedarrockenv@gmail.com>; Josiah Payne <josiah.cre@gmail.com>; damienkc@bellsouth.net Subject: Creech Properties I LLC Property - UST Incident #48450 — Conditional No Further Action Please see the attached Conditional No Further Action letter for Creech Properties I LLC Property located at 2530 Lane Street, Kannapolis, Cabarrus County, North Carolina (UST Incident #48450). Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office YhMM tJl4u7� 704.235.2182 (Office) Trudy. B everlykncdenr. 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-management/ust Branch's Above Ground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust/ast-proeram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httDs:Hdeu.ne. aov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaaement-eis-mans File Review Procedures: https:Hdcq.nc. gov/about/divisions/waste-manaaement/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): httns://deo.nc. aov/about/divisions/waste-manaeement/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https:Hfiles.nc.gov/ncdeg[Waste%20Manatiement/DWM/UST[WhatsNew/Final-Electronic-Document-Submittal-Policv.pdf https:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%20Action/UST%20filc%20names%20for%20Laserfiche.docx