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
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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.