HomeMy WebLinkAboutMO-29283_48450_G_C_20220520_Draft NRP for UST ReviewNOTICE OF RESIDUAL PETROLEUM
Creech Properties I, LLC Property Pending 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 14313-279.9 and 14313-279.11 and has/shall be recorded at the
Cabarrus Register of Deeds' office Book , Page
(name of county)
Source Property
Creech Properties I, LLC of Anizier, 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
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 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.
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 5, 2019
Page 2 of 4
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 20' day of May , 2022.
Creech Properties I, LLC
(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. Pay
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)
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission expires:
Revised February 5, 2019
Page 3 of 4
Approved for the purposes of N.C.G.S. 14313-279.11
(signature of Regional Supervisor)
, Regional Supervisor
(printed name of Regional Supervisor)
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 February 5, 2019
Page 4 of 4
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.
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
Lane Street Baptist Church
Property
0 20 40 80
iiiii
1 Inch = 40 Feet
PROJECT: Creech Properties I LLC Property
INCIDENT # Pending
LOCATION: 2530 Lane Street
Kannapolis, Cabarrus Co.
CRE PROJECT NUMBER: 343022590
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
— - — : Property Lines
CEDAR ROCK
ENVIRONMENTAL, P.C.
FILENAME: 3430NoRP.fc7
VERSION DATE: 5/19/22
T1 = 550-Gallon UST
FIGURE 1
Beverly, Trudy
From: Josiah Payne <josiah.cre@gmail.com>
Sent: Friday, May 20, 2022 2:26 PM
To: Beverly, Trudy
Subject: Re: FW: [External] NRP Review - ASAP if you can - Creech Properties I LLC Property -
UST Incident #48450 - High Risk
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Thank you, Trudy! Have a great weekend!
Josiah
On May 20, 2022 14:17:45 "Beverly, Trudy" <trudy.beverly@ncdenr.gov> wrote:
Good Afternoon Josiah & Mark,
I've review the attached draft NRP and all looks good. It's ready for Regional Supervisor review and approval. The site
has been added to the RUST database (Incident #48450) and is high risk due to an onsite water supply well located
approximately 75 feet from the release.
Have a great weekend,
Trudy
Trudy Beverly, L.G.
�� Hydrogeologist, Division of Waste Management
-PhENorth Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.B everly(a)ncdenr. 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: htWs:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httos://dea.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans
File Review Procedures:
https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
httns: Hdea.nc. eov/about/divisions/waste-manaaement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
httos://£iles.nc.gov/ncde(i/Waste%2OManaaement/DWMIUST/WhatsNew/Final-Electronic-Document-Submittal-Policv.vdf
hops://files.nc. gov/ncdeg/Waste%20Management/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Josiah Payne [mailto:josiah.cre@gmail.com]
Sent: Friday, May 20, 2022 1:39 PM
To: Beverly, Trudy <trudy.beverly@ncdenr.gov>
Subject: [External] NRP Review - ASAP if you can
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good afternoon, Trudy.
If you are able to look at this NRP in the next little bit I would really appreciate it. I am going to see Mark
around 3:00 today and would like to get it signed. Sorry for the short notice. Some plans changed to where I
am able to make it over to Mark today to sign a couple other NRPs so I just got this one prepared to see if we
could squeeze it in, too. We abandoned the tank earlier this week and removed the AST. I have attached a
copy of our abandonment report. The site is currently High Risk because of a well but they are in the process
of getting that well abandoned so the site can be downgraded to Low Risk. Thanks!
Josiah Payne
(336) 684-3836
Cedar Rock
ENVIRONMENTAL