Loading...
HomeMy WebLinkAboutMO-28174_47433_G_C_20230505_Conditional No Further Action LetterROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Tim Cool 4411 Bellwood Lane Charlotte, NC 28270 (via email) NORTH CAROLINA Environmental Quality May 5, 2023 Re: Conditional Notice of No Further Action 15A NCAC 02L .0407(e) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Tim Cool Property 4411 Bellwood Lane, Charlotte Mecklenburg County Incident Number: 47433 Risk Classification: Low Dear Mr. Cool: 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 (or NRP, received October 26, 2020) 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; and receipt of confirmation that public notice requirements have been completed, as described below. Be advised that, as contamination may exceed the groundwater quality standards established in Title 15A NCAC 2L .0202, groundwater within the area where contamination is present or is expected to migrate is not suitable for use as a water supply. Be advised that as soil contamination may exceed the residential MSCCs, 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). 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 14313- 279.9 and 14313-279.11, you must file the approved Notice of Residual Petroleum (received October 26, ,r -o- -Mooresville D E Q � 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 CAROLINn Department of Environmental Dual 28115 (704) 663-1699 Page 2 of 2 Incident Number 47433 May S, 2023 2020) 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. 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 02L .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 documentation showing that each party included in the listing above either received or affirmatively refused to accept delivery of the copy of the letter, 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.BeverlyAncdenr.gov or by telephone at (704) 235-2182. Sincerely, t�s-� I-P,;.W 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) Josiah Payne & Damien Callaghan, Cedar Rock Environmental (via email) Attachment: Notice of Residual Petroleum (Filed with the Mecklenburg County Register of Deeds on October 23, 2020) 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 CARouNn (704) 663-1699 Department of Environmental Dual 28115 For Registration Fredrick Smith Register of Deeds Mecklenburg County, NC Electronically Recorded 2020 Oct 23 11:23 AM RE Excise Tax: $ 0.00 Book: 35219 Page: 78 - 82 Fee: $ 26.00 Instrument Number: 2020176161 3MLS ". NOTICE OF RESIDUAL PETROLEUM Tim Cool Property Mecklenburg_ County, North Carolina (Site name) 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 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 Mecklenburg_ Register of Deeds' office Book , Page (name of county) Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg Register of (name of county) Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Timothy L. Cool Revocable Trust dated September 29, 2020 Lisa L. Cool Revocable Trust dated September 29, 2020 c/o Tim Cool of Charlotte, North Carolina (Owners ' names) (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 Mecklenburg, State of North Carolina, and is known and legally described as: BEING all of Lot 8 of BELLWOOD as same is shown on map thereof recorded in the Mecklenburg County Public Registry in Map Book 9 at Page 303. (Excerpted from Mecklenburg County Register of Deeds Book 35114, Page 517). Revised January 15, 2013 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 submitter agreement with the Mecklenburg county Register of Deeds. 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: Soil containing residual petroleum above applicable regulatory standard(s) remains on the site in the area identified in Figure 1, Attachment A. No soil shall be excavated or disturbed within 3 feet of the area identified in Figure I 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 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 January 15, 2013 Page 2 of 4 IN WITNESS WHEREOF, Timothy L. Cool Revocable Trust dated September 29, 2020 & Lisa L. Cool Revocable Trust dated September 29, 2020 c/o Tim Cool has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 22nd day of October , 2020. Timothy L. Cool Revocable Trust dated September 29, 2020 Lisa L. Cool Revocable Trust dated September 29, 2020 c/o Tim Cool (name resp nsible party if is signing) By: (signature of responsible party, attorneyidr 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. Payne NORTH CAROLINA _ AI&Kari.ce 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: &44Pk-X rZZ., Z02-0 1 (Official Seal) JOSIAH D PAYNE NOTARY PUBLIC ALAMANCE COUNTY, N.C. My Commission Expires 10-22-2020. rgnature o otary Public) T6,sc,"L L-- Pa ?4 - (printed or typed name of Notary Public) Notary Public My commission expires: C�-4. ZZ-t 'Zczo Revised January 15, 2013 Page 3 of 4 Approved for the purposes of N.C.G.S. 14313-279.11 `!�"Ofrq "'O'� (signature of Regional Supervisor) Mark R. Powers , Regional Supervisor (printed name of Regional Supervisor) Raleigh Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA wl� ke: 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: Maj-Ic (full printed name of Regional Supervisor) Date: 0(-*o1Q r Zz-, 20Lo (Official Seal) signature of Notary Public) �5[�t `V ?�u(he— JOSIAH D PAYNE (printed or typed name of Notary Public) NOTARY PUBLIC Notary Public ALAMANCE COUNTY, N.C. My Commission Expires 10-22-2020. My commission expires: 04 u -ZO-2& Revised January 15, 2013 Page 4 of 4 ATTACHMENT A N John 1 Roger Gum 1 Christenbury \ Kevin Arawattigi Scott King , Property , Property , Property Property 1 p Y NOTE: / This map may not be a certified survey Robert and has not been reviewed by a local / T1 Gonzalez government agency for compliance with g g Y p \ Property any applicable land development regulations and has not been reviewed for compliance \ with recording requirements for plats. House William —� \ Capps \ T1 Property \ House , Bellwood Lane 0 40 80 160 1 Inch = 80 Feet PROJECT: Tim Cool Property _ INCIDENT # Pending LOCATION: 4411 Bellwood Lane Charlotte, Mecklenburg Co. _ CRE PROJECT NUMBER: 304022590 1 inch = 40 feet / 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: 3040NoRP.fc7 VERSION DATE: 9/28/2020 Beverly, Trudy From: Beverly, Trudy Sent: Friday, May 5, 2023 10:01 AM To: 'Tim Cool' Cc: Shawna; Morris, Brett L.; Josiah Payne; Damien Callaghan Subject: Tim Cool Property - UST Incident #47433 — Conditional No Further Action Attachments: MO-28174_47433_G_C_20230505_Conditional No Further Action Letter.pdf Please see the attached Conditional No Further Action letter for Tim Cool Property located at 4411 Bellwood Lane, Charlotte, Mecklenburg County, North Carolina (UST Incident #47433). Trudy D- � E " IH � 15ulYly 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.BeverlyL&deq.nc. 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: ht_pt s://deq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: htfis://deq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: hit2s://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment ig s=mates File Review Procedures: https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresvilI e-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): htips://deq.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: httys:Hfiles.nc.¢ov/ncdeci Waste%20Mana¢ement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.ndf htt 2s:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file°/a20names%20for°/`2OLaserfiche.docx