Loading...
HomeMy WebLinkAboutMO-29011_48204_G_C_20220801_Conditional No Further ActionROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Donald Hemby 520 Sweet Peach Lane Fort Mill, SC 29715 (via email) Dear Mr. Hemby: NORTH CAROLINA Environmental Quality August 1, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Donald Hemby Property 706 Pearl Avenue, Kannapolis Cabarrus County Incident Number: 48204 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 when 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, filed January 19, 2022); 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. ,r -o- -Mooresville D E 1 � North Carolina Department of Environmental Quality I Division of Waste Management Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC NORTH CARouNn Department of Environmental Dual 28115 (704) 663-1699 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 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 (see attachment, filed January 19, 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.gov or by phone at (704) 235-2182. Sincerely, � I'l'l &4- Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Chrystal Swinger, Cabarrus County Environmental Health (via email) Robert Payne, Josiah Payne, & Damien Callaghan, Cedar Rock Environmental (via email) Attachment: Notice of Residual Petroleum Mooresville Regional Office 1610E Center Ave I Suite 3011 Mooresville, NC 28115 1 (704) 663-1699 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 nAaouNn ent of Environmental Dual 15793 0334 FILED ELECTRONICALLY CABARRUS COUNTY NC Ium21V4Zpan ZNwN]ZI FILED Jan 19, 2022 AT 08:58:00 AM BOOK 15793 START PAGE 0334 END PAGE 0339 INSTRUMENT # 02021 EXCISE TAX $0.00 NOTICE OF RESIDUAL PETROLEUM Donald Hemby Property 48204 Cabarrus County, North Carolina (Site name) (Incident #) Current property owner's Deed Book 15399 Pages 288-290 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 Donald Thomas Hemby of Fort Mill, South 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 15399, Page 289). 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). 15793 0335 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 15793 0336 IN WITNESS WHEREOF, Donald Thomas Hemby has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 14t' day of January , 2022. Donald Thomas Hemby (name po stble party if agent is signing) By: (signature of responsible party, attorney or Wer 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. Payne NORTH CAROLINA A-(&M,;,Ace- 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: T.-Al e-1 141, wz z (Official Seal) JOSIAH D. PAYNE Notary Public Alamance Co., North Carolina My Commission Expires Oct. 22. 2025 (' ature of Notary Public) D, ? printed or typed name of Notary Public) Notary Public My commission expires: 7?- '-20zg Revised February 5, 2019 Page 3 of 4 15793 0337 Approved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) 4412.1t 12, POe✓^egional Supervisor (printed name of Regional Supervisor) Rif Z-Cr,/,-A/ Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA W, ce _ 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: Mcv-Icg2. & L.,Zr Gull printed name of Regional Supervisor) Date: 'Tc,0,LAC"' (Official Seal) (sr ature of Notary Public) ' : JOSIAH D. PAYNE S ���� � � Q�.,���— printed or typed name of No ary Public) Notary Public Notary Public Alamance Co., North Carolina My Commission Expires Oct, 22, 2025 My commission expires: 0,a-22,2ct�j-,E' Revised February 5, 2019 Page 4 of 4 15793 0338 ATTACHMENT A Property 1: Lying and being in Number Four Township, Cabarrus County, North Carolina, and being a lot in Block "E" of JACKSON PARK, a map made by Reece Ira Long, C.E., of Concord, North Carolina, on file in the office of the Register of Deeds for Cabarrus County, North Carolina, and more particularly described as follows: BEGINNING at a stake in the east edge of Pearl Avenue, J. R. Collins' corner, and runs thence with the Collins line S. 85 E. 150 feet to a stake, back corner of Lots Nos. 16 and 17; thence with the line of Lots Nos. 17, 18, and 19, N. 5 E. 75 feet to a stake in the H. O. Archer line; thence with the Archer line, N. 85 W. 150 feet to a stake in the eastern edge of Pearl Avenue; thence with Pearl Avenue, S. 5 W. 77 feet to the point of BEGINNING. Parcel ID # No. 5624-12-8464-0000 15793 0339 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. ILance Harvey i Property' � Lance Harvey Property -T T1 ' House Charles Harrington Property Jesse Jones I Property 0 20 40 80 1 Inch = 40 Feet PROJECT: Donald Hemby Property INCIDENT # 48204 LOCATION: 706 Pearl Ave Kannapolis, Cabarrus Co. CRE PROJECT NUMBER: 334822690 RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) — - Property Lines T1 = 560-Gallon UST CEDAR ROCK ENVIRONMENTAL, P.C. FIGURE 1 FILENAME: 3348NoRP.fc7 VERSION DATE: 1/7/22 Beverly, Trudy From: Beverly, Trudy Sent: Monday, August 1, 2022 11:00 AM To: 'Donald Hemby' Cc: Robert Payne; Josiah Payne; Damien Callaghan; Chrystal Swinger; Downs, Michael K Subject: Donald Hemby Property - UST Incident #48204 — Conditional No Further Action Attachments: MO-29011_48204_G_C_20220621_Conditional No Further Action.pdf Please see the attached Conditional No Further Action letter for Donald Hemby Property located at 706 Pearl Avenue, Kannapolis, Cabarrus County, North Carolina (UST Incident #48204). Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management _ North Carolina Department of Environmental Quality rawer Duaft. UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.Beverly(ancdenr. og_v 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:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://dea.nc. gov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans File Review Procedures: htips: //deq.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://files.nc.gov/ncdegfWaste%2OManagement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.pdf https:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file°/a20natnes°/`20for%2OLaserfiche.docx