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HomeMy WebLinkAboutMO-1570_47936_G_C_20211005_Conditional No Further ActionROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Attn: Tom Hurt Metrolina Steel 1118 West Craighead Road Charlotte, NC 28206 Dear Mr. Hurt: NORTH CAROLINA Environmental Quality October 5, 2021 Re: Conditional Notice of No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Metrolina Steel 1118 West Craighead Road Mecklenburg County Incident Number: 47936 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 industrial / commercial use as stipulated in the Notice of Contaminated Site (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 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 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. 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, INC a28115 1 (704) 663-1699 Department onaouNn ent of Environmental Dual As groundwater contamination may exceed the groundwater quality standards established in Title 15A NCAC 2L .0202, and 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 the actions that must be taken or the rules mentioned in this letter, please contact me at Trudy.Beverlykncdenr.gov or (704) 235-2182. Sincerely, � qz ;61w Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ Attachments: Notice of Residual Petroleum (original will be mailed to Hart & Hickman for filing with the Mecklenburg County Register of Deeds) cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Brett Lawrence, Hart & Hickman (via email) Yuriy Vaynshteyn and John Desiatnikov AVC Holding, LLC (via email) 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 Metrolina Steel, UST Incident #47936 - 1118 West Craighead Road, Charlotte. Mecklenburp, 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 14313-279.1.1. 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 14313-279.11, 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 Source Propertv EAA LLC 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 Mecklenburg, State of North Carolina, and is known and legally described as: BEGINNING at a point in the right of'way of 'West Craighead Road, said point being the southeasterly front corner of the property of Hucks Piggyback Service (now or formerly Book 6767 Page 47, tax parcel 087-041-04); thence with the easterly boundary of said Hucks Piggyback Service property three (3) calls and distances as follows: 1) N 40-I8-08 E 306.39.feet to an iron pin (passing through an iron pin in the northerly margin of the right of'way of West Craighead Road at 30.03 feet); 2) N 50-01-19 W 164.92 feet to an iron pin; 3) N 48-47-44 E 205.42 feet to an iron pin; thence with the easterly boundary of the property of Charleston Properties, LLC (now or formerly Book 15015 Page 337, tax parcel 087-041-I S) f ve (5) calls and distances as follows: 1) S34-25-51 E 20.14 feet to an iron pin; 2) N 45-24-08 E 135.39 feet to an iron pin; 3) N 42-52-19 E 82.51 feet to an iron pill; 4) S 68-56-88 E 248.82 feet to an iron pin; and 5) S 68-56-23 E 60.03 feet to an iron pin; thence with the westerly boundary of *the property of Mecklenburg County (now or formerly Book 8142 Page 684, tax parcel 087-041-18) and the property of Center Grove AME Zion Church (now or_ formerly Book 222 Page 39Z tax parcel 087-041-08) two (2) calls and distances as. follows: 1) S O4-22-26 W 329.15. feet to an iron pin; and 2) S O4-24-08 W 387.61 feet to an iron pin; thence with the westerly boundary of the property of T. L. Shoupe (now or formerly Book 2584 Page 155, tax parcel 087-041-06) S 32-18- 22 W 156.07 feet (passing through an iron pin in the northerly margin of the right oJ'way of West Craighead Road at. 128.02 feet; thence with the easterly boundary of the property of Legacy Capital Investments (now or formerly Book 22860 Page 389, tax parcel 087-041-11) two (2) calls and distances as follows:1) N 32-16-22 E 143.58 feet (passing through an iron pin in the northerly margin of the right of way of'West Craighead Road at 30.05 feet); 2) N 04-22-24 E 154.46 feet to an iron pin; thence with the property of Allman Company Charlotte, LLC (now or formerly Book 18398 Page 813, tax parcel 087-041-12) three (3) calls and distances as follows: N 04-22-24 E 179.75 feet to an iron pin; 2) N 57-35-22 W 231.55 feet to an iron pin; and 3) S 36-2.9-32 W 440.21 feet to a point in the right of way West Craighead Road (passing through an iron pin at 50.05 feet and passing through another iron pin in the northerly margin of the right of way of West Craighead Road at 410.09 feet); thence in the margin of the right of way of West Craighead Road two (2) calls and distances as follows: 1) N 58-35-07 W 116.03 feet to a point; and 2) in a westerly direction with the arc of a circular curve to the right having a radius of 158.93 feet an arc distance of 63.98 feet (chord bearing N 54-09-45 W and chord distance of 53.97 feet) to the place of BEGINNING, and being 5.7658 acres, more or less, according to survey by Daryl D. Kaseman, PLS, dated December 4, 2007. 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 Mecklenburg 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: The Site shall be used for industrial/commercial use only. Industrial/commercial use means a use where exposure to soil contamination is limited in time and does not involve exposure to children or other sensitive populations such as the elderly or sick. The real property shall not be developed or utilized for residential purposes including but not limited to: primary or secondary residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds, parks, recreation areas and/or picnic areas. 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 parry 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, EAA LLC has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this / day of OG /0 r, 2021. Signatory's name typed or printed: / daih` NORTH CAROLINA CC, b y CS1 COUNTY (Name of county in which •knowledgment was taken) I certify that the following person perso ally a peared before me this day, acknowledging to me that he or she signed the foregoing document: 6�d4''Vw2QYiC}-1 P6Z�JIS�� Date: 10 " I —�--� (Official Seal) expires: 5 OL-�� (signature dfNotmy Public) Cr9S i Al D. rn� 1kj- (printed or typed name of Notary Public) Notary Public My commission 3 Approved for the purposes of N.C.G.S. 14313-279.11 A---,., SVL (signature of Regional Supervisor) Ronald H. Taraban, Ph.D. Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environmental Quality 1;ae't( Count y, 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) Sherian R. Black, Notary Public Notary Number: 20041820022 My commission expires: ulv 12. 2024 Beverly, Trudy From: Beverly, Trudy Sent: Tuesday, October 5, 2021 2:38 PM To: 'Brett Lawrence'; 'Caldwell, Shawna'; 'Morris, Brett L.'; 'Yuriy Vaynshteyn'; 'John Desiatnikov' Subject: Metrolina Steel - UST Incident #47936 - Conditional No Further Action Attachments: MO-1570_47936_G_C_20211005_Conditional No Further Action.pdf Please see the attached Conditional No Further Action letter for Metrolina Steel located at 1118 West Craighead, Charlotte, Mecklenburg County, North Carolina (UST Incident #47936). Brett L. - The original NRP will be mailed out to you today for filing with the Mecklenburg County Register of Deeds office. Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management D— I E QQ! � North Carolina Department of Environmental Quality ;��«,�,m��� UST Section, Mooresville Regional Office DeW704.235.2182 (Office) Trudy. B everlygriedenn 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:Hdeq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: hit2s://deq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://dea.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-mans File Review Procedures: https://deq.ne. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hns://deq.nc.gov/about/divisions/waste-manaizement/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https://files.nc.gov/ncdecl/W aste%20Management/DWM/UST/W h atsNew/Final-Electronic-Document-Submittal-Policy.udf htips:Hfiles.nc.gov/ncdeq/Waste%20Management/D WM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx