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HomeMy WebLinkAboutMO-30300_49324_G_C_20231220_Draft NRP and Receptor DiscussionNOTICE OF RESIDUAL PETROLEUM Heather Harjes Property Pending , Mecklenburg_ County, North Carolina (Site name) (Incident #) Current property owner's Deed Book 35980 Pages 483-485 Site Address 4331 Eagle Lake Drive North, Charlotte, NC 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 143B-279.9 and 143B-279.11 and has/shall be recorded at the Mecklenburg Register of Deeds' office Book , Page (name of county) Source Property Heather Lynn Harjes of Charlotte, 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 Mecklenburg , State of North Carolina, and is known and legally described as: See Attachment A (excerpted from Mecklenburg County Register of Deeds Book 35980 Page 485). 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 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 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. 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, Heather Lynn Harjes has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this 20th day of December , 2023. Lo Heather Lynn Harjes (name of responsible party if agent is signing) (signature of responsible party, attorney or other agent if there is one) Vice President, Cedar Rock Environmental, P. C. (Title of agent for responsible party if there is one) Signatory's name typed or printed: Josiah D. Paine 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: Josiah D. Payne Date: (Official Seal) Page 3 of 4 (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: Revised February 5, 2019 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) Page 4 of 4 (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: Revised February 5, 2019 ATTACHMENT A Lying and being located in Steele Creek Township, Mecklenburg County, NC and being more particularly described as follows: Beginning at a new iron pipe located in the southerly margin of the right of way of Eagle Lake Drive North, said right of way being 30 feet in width, said beginning point marking the common front corners of Lots 43 and 44 of the property of Eagle Lake Fishing Club Inc. as shown on map thereof recorded in Map Book 4 at page 465 in the Mecklenburg County Public Registry; thence from said beginning point so established with the common property line of said Lots 43 and 44 S. 42-42-00 E. 302 feet to a new iron pipe The common rear corners of Lots 43 and 44; thence with a portion of the southerly or rear property line of said Lot 43, two calls and distances as follows: (1) S 54-00-55 W. 66.86 Feet to a point and (2) S. 84-56-09 W. 108.04 feet to a new iron pipe; thence N. 40-57-10 W. 195.58 feet to a point; thence N. 05-46-55 E. 90.49 feet to a point located in the southerly margin of the right of way of Eagle Lake Drive North, the common front corner of Lots 42 and 43; thence with the southerly margin of said right of way in a northeasterly direction with the arc of a circular curve to the left having a radius of 126.25 feet an arc distance of 85 feet, having a chord bearing and distance of N. 66-36-16 E. 83.40 feet to the beginning point and containing 0.96 acres and being the major portion of Lot 43 and a triangularly shape portion of Lot 42 of Eagle Lake Fishing Club, Inc. Property as shown on the aforesaid map, and also as shown on physical survey dated June 17, 1993, by Stephen B. Mullins N.C.R.L.S. (the "survey") reference to which survey is made for a more particular description and a copy of which survey is attached hereto as Exhibit A-1 and made a Part hereof. Together with the following two easements which shall be appurtenant running with the title to the above -described property: 1. A permanent, non-exclusive easement having dimensions of 15 feet by 36 feet lying Along the westerly property line of the above described property as shown on the survey for the purpose of maintaining, operating, using and repairing a pool pump building and pool equipment located on the easement area herein described; provided, however, notwithstanding the non-exclusive nature of the easement herein granted, the owner of the property lying of the west of the easement herein granted shall have no right to use the pool equipment which is the subject of this easement. 2. A permanent, non-exclusive easement for vehicular and a 10 foot strip of land lying adjacent to the northeasterly property line of the above described property leading from the southerly margin of the right of way of Eagle Lake Drive North; identified as "gravel driveway" and as shown on the attached survey, together with land to maintain repair and improve the driveway located on the easement herein granted. Until such time as the adjoining Lot 44 is developed for single family residential purposes, the owner of the 0.96 acres parcel of land hereinabove described shall be responsible for the maintenances of the driveway on the easement herein granted once development of the adjoining Lot 44 has begun and the owner of said adjoining lot utilizes the easement area herein described for vehicular access to said adjoining lot. The cost of maintenance of the driveway shall be borne jointly in equal proportions by the owners of said Lot 44 and the .096 acre parcel of land hereinabove described by the owners of said Lot 44 and the 0.96 acre parcel of land hereinabove described. ATTACHMENT B NOTE: This map may not be a certified survey and has not been reviewed by a local onr government agency for compliance with Ot�JeN any applicable land development regulations and has not been reviewed for compliance fag j with recording requirements for plats. I \ I \ I \ I\ John Evans Property \ T1 ® House � Bryan Wright \ Property \ 0 25 50 100 1 inch = 50 feet C) : RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) - : Property Lines r ----- i : T1 = 530-Gallon UST L ----- PROJECT: Heather Harjes Property CEDAR ROCK INCIDENT#: Pending ENVIRONMENTAL, P. C. LOCATION: 4331 Eagle Lake Drive N FIGURE 1 Charlotte, Mecklenburg Co. FILENAME: 3775NoRP.tcw CRE PROJECT NUMBER: 377522590 VERSION DATE: 12/18/2023 From: Beverly, Trudy To: Josiah Payne Cc: Damien Callaghan Subject: RE: [External] UST-61 form submission for the Heather Hades Property, 4331 Eagle Lake Drive North, Charlotte, Mecklenburg Co. - Incident #49324 Date: Wednesday, December 20, 2023 11:59:00 AM Attachments: image001.p_na 1899 is a default date in Mecklenburg's system when they don't have the information. -Not sure why that was picked for the default. -Just a reminder that sites with wells within 150' of a release have high risk status. High risk sites do not qualify for closure. The NRP looks good. I recommend rechecking the source property legal description since the description mentions multiple lots. Only the parcel containing the ust is required to be restricted. I'll email Mark when I hear back from you about the source property description. Site Name: Heather Harjes Property UST Number: MO-30300 Incident Number: 49324 Trudy ,,,-o,.D EF Q� P 6"eW1, xn[c1 Lnn-r—m W6udly� 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.Beverly�u 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: hUs:Hdeq.nc.gov/about/divisions/waste-mana2ement/ust Branch's Above Ground Storage Tanks Website Address: httns://deq.nc.gov/about/divisions/waste-management/ust/ast-proeram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns:Hdeu.nc. eov/about/divisions/waste-management/waste-manaeement-rules-data/waste-management-eis-mans File Review Procedures: httDs:Hdeo.nc. eov/about/divisions/waste-manauement/ust/file-review-procedures#mooresville-reeional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): biLps7Hdeq.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https:Hflles.nc.gov/ncdeg[W aste%20Management/DWNVUST/NVhatsNew/Final-Electronic-Doc u ment-Submittal-Policy.pdf https://files.ne.gov/ncdeg /Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Josiah Payne <josiah.cre@gmail.com> Sent: Wednesday, December 20, 2023 11:03 AM To: Beverly, Trudy <trudy.beverly@deq.nc.gov> Cc: Damien Callaghan <damienjc@gmail.com> Subject: Re: [External] UST-61 form submission for the Heather Harjes Property, 4331 Eagle Lake Drive North, Charlotte, Mecklenburg Co. CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Yes, I am aware. We did not observe a well during the inspection and the property owner said there are no wells within 150 feet of the tank. We will be there tomorrow to abandon the tank and can look a second time to confirm, though. Right now, we are calling the site Low Risk. The dates for install/abandon are in 1899, so I don't know what's going on with that. Josiah Payne, L.G. (336) 684-3836 On Wed, Dec 20, 2023 at 10:51 AM Beverly, Trudy <trudy.beverly@)deq.nc.gov> wrote: Good Morning Josiah, Are you aware that adjoining parcel (parcel no. 14108244) shows a private drinking water well on Mecklenburg County's Well Information System? Trudy �EQ�) 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.Beverly-(adeq.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: hUs://deq.nc.gov/about/divisions/waste-manaeement/ust Branch's Above Ground Storage Tanks Website Address: httus://dea.nc.gov/about/divisions/waste-management/ust/ast-proeram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://deq.nc.gov/about/divisions/waste-management/waste-management-rules-datalwaste-mans eg ment gaw is-m File Review Procedures: httns://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office 2MONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): ://deq.nc.,gov/about/divisions/waste-management aserfiche Document Submittal "UST File Names for Laserfiche Policies: https://files.nc.gov/ncdeq/Wm .20Management/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policypdf https://files.ne.gov/ncdeq/Waste%20Management/DWMIUST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Josiah Payne <iosiah.crei'@gmail.com> Sent: Wednesday, December 20, 2023 10:22 AM To: Beverly, Trudy <trudy.beverly(@deq.nc.gov> Cc: Damien Callaghan <damien ic(@gmail.com> Subject: Re: [External] UST-61 form submission for the Heather Harjes Property, 4331 Eagle Lake Drive North, Charlotte, Mecklenburg Co. CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. 4331 EAGLE L DR N, ; snow„e,l .'111hm,a 31 E A A to Trudy, See the attached NRP for this site. We might be meeting with Mark later today to get some other NRPs signed if you have a chance to look at this one. I can also add an incident number to it before filing if you have it. Thanks! Josiah Payne, L.G. (336) 684-3836 On Mon, Dec 18, 2023 at 12:27 PM Beverly, Trudy <trudy.beverly(clbdeq.nc.gov> wrote: Received. Trudy D E Q met 4�.m�`J 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. Beverlyc 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: htips7Hdeq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: httns://deq.nc.gov/about/divisions/waste-management/ust/ast-proeram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://deq.nc.,gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-mag_s File Review Procedures: httns://deq.nc.gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): httns://deq.ne.,gov/about/divisions/waste-management/ aserrche Document Submittal8 UST File Names for Laserfiche Policies: https://files.nc.gov/ncdeq/Waste%20Management/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policy_12 httns://files.nc.aov/ncdeq/Waste%20Mana2ement/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Damien Callaghan <damienjcl@gmail.com> Sent: Monday, December 18, 2023 12:24 PM To: Beverly, Trudy <trudy.beverlyC@deq.nc.gov> Cc: Josiah Payne <iosiah.cre(@gmail.com> Subject: [External] UST-61 form submission for the Heather Harjes Property, 4331 Eagle Lake Drive North, Charlotte, Mecklenburg Co. CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Hi Trudy Attached is the UST-61 form for a release at the above site and a copy of our inspection report. As noted on the UST-61 form, the Well Information System indicates the presence of a drinking water supply well on the northeastern adjacent lot, which, if it exists, may be within 150 feet of the release area. This lot is vacant and wooded. No well was observed during the initial site inspection. We are scheduled to abandon the UST on 12/21 /23. The presence and location of any well on this lot will be confirmed during tank abandonment activities. Damien Callaghan Cedar Rock Environmental Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.