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HomeMy WebLinkAboutMO-9501_40937_G_C_20201027_Conditional No Further Action LetterROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director The Goodyear Tire and Rubber Company Attn: Chris Wiley 200 Innovation Way Akron, Ohio 44333 (via email) Dear Mr. Wiley: NORTH CAROLINA Environmental Quality October 27, 2020 Re: Conditional Notice of No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks GASC 2321 Bay 7 Lift 8415 Statesville Road, Charlotte Mecklenburg County Incident Number: 40937 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 (or NRP, see attached) 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 soil contamination may exceed the residential MSCCs, the area of the property containing the soil contamination is suitable only for restricted residential use ("residential" North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 704.663.1699 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. 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. As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and 14313-279.11, you must file the approved plat 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. 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, 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 at Trudy.Beverly&ncdenr. og_v or (704) 235-2182. Sincerely, � �'1• �v Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ Enclosure: Notice of Residual Petroleum (original mailed to Kyle Sorensen, Antea Group, 3530 Toringdon Way, Suite 106, Charlotte, North Carolina 28277, for filing) cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Dennis & Camarie Brantley, 925 Spears Creek Court, Elgin, South Carolina, 29045 Matthew Eckmair & Kyle Sorensen, Antea USA of North Carolina, Inc. (via email) 9�- . �� -ffw North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 704.663.1699 NOTICE OF RESIDUAL PETROLEUM GASC 2321 Bay 7 Lift (UST Incident #40937) , _Mecklenbura_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 Environment Quality (or its successor in function), as authorized by N.C.G.S. Section 143B-279.9 and 14313-279.11. The North Carolina Department of Environment 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 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 (name of county) Book , Page Any map or plat required by DEQ has been/shall be recorded at the Register of (name of county) Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Brantley Dennis Eugene Sr and Brantley Camarie Keitt_ of Charlotte, NC is the owner in fee (owner's name) (city & state ofhomeowner) 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: Revised February 5, 2019 8415 Old Statesville Road — Lot 4 (0.3078 acres) Being all of Lot 4 of the "Revised Final Plat of the Thomas Petroleum Map 1" property as more particularly shown on Map thereof recorded in Map Book 31, Page 697, in the Office of the Register of Deeds for Mecklenburg County, North Carolina dated April 2, 1998 and revised July 28, 1999 by Andrew G. Zoutewelle, N.C.R.L.S., to which reference is hereby made. Together With a fifteen (15') foot slope easement along the southerly Lot line of Lot 3 of Map Book 31, Page 697, aforesaid as shown thereon; provided however, should the owner of Lot 3 desire to change the grade within the 15' foot slope easement, it may do so at it's expense and maintenance, so long as it ensures the owner of Lot 4 the continued use of its property free from any adverse effects from such change in grade. Together With the rights and obligation imposed by that certain Easement of Joint Driveway, dated July 30, 1999 and recorded in Book 10709, page 819, of the Mecklenburg County Public Registry. Additional Affected Property Also Subject to Restrictions of is the owner in fee simple of a portion of (owner's Name) (city &state oiowner) the Site, which is located in the County of , State of North Carolina. Petroleum contamination is located on this property at the time this Notice is approved. This property was also owned or controlled by the underground storage tank owner or operator or another party responsible for the petroleum discharge or release at the time the discharge or release was discovered or reported, or at any time thereafter. This property is known and legally described as: Not Applicable Additional Affected Property Not Subject to Restrictions Additionally, residual petroleum is also located on the following property. The following property is not subject to land use restrictions pursuant to N.C.G.S. Section 143B-279.9(b). The following property is known and legally described as: Revised February 5, 2019 Not Applicable 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. Revised February 5, 2019 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. IN WITNESS WHEREOF, 0 N.C.G.S. Sections 143B-279.9 and 14313-279.11, this has caused this Notice to be executed pursuant to _ day of ,20_ The Goodyear Tire & Rubber Company 00ne esponsible a i gent is signing) By: 1-1. C (signature of responsible arty, attorr y or other agent if there is one) (Title of agent for responsible party if there is one) Signatory's name typed or printed: Fred Thomas Ok-o p ��CA Sur" M i �COUNTY (Name of county in which acknowledgment was taken) I certify that the following person pers�qn ally appeared before a this day, acknowledging to me that he or she signed the foregoing document: No�'4 tom. 9T 124VAUed &.6f OPP% Date: q h ;"y (Official Seal) (signature of otaryPublic) printed or typed name of Notary Public) Notary Public PAUt.A B. CHRIST, Attorney At taw Notary PuMe - St to r.,; r.! r-, My commission has no expirattuu data. My commission Section 147.03 R. C. expires: hvrG Revised February 5, 2019 Approved for the purposes of N.C.G.S. 14313-279.11 Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA Tqj-t (I COUNTY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ronald H . Taraban (full printed name of Regional Supervisor) On Date: � f�� Z�j 2020 (official Seal) a 0.1-01pgHERIq.1111 r 140 �s 'r 6 k 0 Z/C :1A 11�.GNry. N ale Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 / BAY #7-SIDEWALL WEST-1 (8.0') BAY #7-SIDEWALL WEST-2 (8.0') BAY #7- SIDEWALL-SOUTH (8.0') LEGEND BAY#7- • SAMPLE LOCATION FORMER HYDRAULIC PIPING BAY #7- SIDEWALL NORTH (8.0') BAY #7-SIDEWALL EAST-1 (8.0') m� ilk BAY #7-SIDEWALL EAST-2 (8.0') AREA OF EXCAVATION SUPPORT PILLAR ROLL UP GARAGE DOOR SUPPORT PILLAR FIGURE 2 SITE MAP GOODYEAR AUTO SERVICE CENTER #2321 8415 OLD STATESVILLE ROAD CHARLOTTE, NORTH CAROLINA PROJECT NO. PREPARED BY DRAWN BY GY20192321 ME 1H/LK0 0 5 - le) DATE REVIEWED BY FILE NAME SCALE IN FEET 10/18/19 KS E015087016 antea®group Beverly, Trudy From: Beverly, Trudy Sent: Tuesday, October 27, 2020 2:06 PM To: 'Chris Wiley-CONT Cc: Morris, Brett L.; Caldwell, Shawna; 'Matthew Eckmair'; 'Kyle Sorensen' Subject: GASC 2321 Bay 7 Lift - UST Incident #40937 — Conditional No Further Action Attachments: MO-9501_40937_G_C_20201027_Conditional No Further Action Letter.pdf Please see the attached Conditional No Further Action letter for GASC 2321 Bay 7 Lift located at 8415 Statesville Road, Charlotte, Mecklenburg County, North Carolina (UST Incident #40937). The original NRP will go out in the mail today to the Antea Group for filing with the Register of Deeds office. Trudy Trudy Beverly, L.G. D-. E W Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.B everly(cbncdenn 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: hitps://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-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httos://dea.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-maps 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): https: //deq.nc. gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https:Hfiles.nc.gov/ncdeg/Waste%2OManatiement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.pdf https:Hfiles.nc.gov/ncdegfWaste%20Management/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx