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HomeMy WebLinkAboutMO-9469_40910_C_NRP_20190613_Filed NORP1333581 - P868 FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburg County NC 2019 JUN 12 03:38:12 PM BK:33581 PG:868-873 FEE:$26.00 INSTRUMENT tt 2019072219 TAYLORD NOTICE OF RESIDUAL PETROLEUM Deborah Graham 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 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 143E-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 ofcounty) 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 Deborah M. Graham of Pineville, 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 18200, Page 147). Return to: Cedar Rock Environmental, P. C. Revised January 15, 2013 107 Pioneer Trail Page 1 of 4 Graham, NC 27253 M B33581 - P869 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 standards) 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 I 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. 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 1333581 - P870 IN WITNESS WHEREOF, Deborah M. Graham has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11. this 301h day of May , 2019. Deborah M. Graham (na ofresponsible parry ifagent is signing) By: (signature of responsible party, attorney oAother agent if there is one) President, Cedar Rock Environmental, P. C. (Title ofagent for responsible party ifthere is one) Signatory's name typed or printed: Robert A. Payne NORTH CAROLINA _ k1 ary,.n cz, 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. Pane Date: 214 o,.y 301 10/ q (Official Seal) JOSIAH D PAYNE NOTARY PUBLIC ALAMANCE COUNTY, N.C. My Commission Expires 10-22-2020. ature of Notary Public) printed or typed name offotar Public) Notary Public My commission expires: 6a, ZZi Zola Revised January 15, 2013 Page 3 of 4 B33581 - P871 ftved or the purposes of N.C.G.S. 143B-279.11 (signature of Regional supervisor) Ronald H. Taraban, Ph.D. Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment and Natural Resources 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, Ph.D. (full printed name of Regional Supervisor) Date: (Official Seal) ��p►N R. �, g'r� 60TAgy CNs MY OWMMSM EXPM << 0011P R. Black 1 Public Public Number 20041820022 My commission expires: July 12, 2019 B33581 - P872 ATTACHMENT BEGINNING at a tack located in the centerline of Nations Ford Road, said tack being located 416.03 feet from the centerline of the branch in the centerline of the bridge on Nations Ford Road; thence with the centerline of Nations Ford Road N. 13-23-00 E. 272.97 feet to a point in the centerline of Nations Ford Road; S. 80-43-00 E. passing an iron 208.00 feet to an iron; thence with the westerly line of the McCoy property S. 13-23-00 W. 272.97 feet to an iron; thence N. 80-43-00 W. passing an iron 208.00 feet to a tack in the centerline of Nations Ford Road and also the point of beginning. This deed includes all that property previously conveyed to Herman E. McCoy and wife, Mary Louise McCoy by deeds recroded in Book 1490, Page 317, Book 3135, Page 10 and this deed, all in the Mecklenburg County North Carolina Public Registry. 1333581 - P873 ATTACHMENT B / Nisbet Business Center LLC N NOTE: - Property This map may not be a certified surrey and has not been reviewed by a local government agency for compliance with any applicable land development regulations and has not been reviewed for compliance with recording requirements for plats. r r a m �o a r �o r c 0 w 2 r Nisbet Business Center LLC T1 Property House r Forecove LLC Property 0 25 50 100 1 Inch = 50 Feet PROJECT: Deborah Graham Property INCIDENT # Pending LOCATION: 12345 Nations Ford Road Pineville, Mecklenburg Co. CRE PROJECT NUMBER: 226622590 RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) — - Property Lines T1 = 270-Gallon UST CEDAR ROCK ENVIRONMENTAL, P.C. FILENAME: 2662NoRP.fc7 VERSION DATE: 5/29/18 FIGURE 1 Beverly, Trudy From: Beverly, Trudy Sent: Thursday, June 13, 2019 1:57 PM To: Josiah Payne Subject: RE: [External] NRPs Received. Thank you, Trudy DE NQR1H CAFiC)l INA �\\\�\\ Department of Environmental Dual Tr* Bad. L.S. W idwWaff ffilu QUAY UT Sadim Mommik Rapigad Ofte P`0 711-31$3 frx%ml Email correspondence to and from this address is subiect to the North Carolina Public Records Law and may be disclosed to third parties. From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Thursday, June 13, 2019 1:50 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] NRPs • External email. Do not click links or open attachments unless you verify. Send all suspicious email as an at nt to.report.spam@nc.gov Good afternoon, Trudy. I have attached the filed copies of the following NRPs: 1. Incident 40905 - Harborne Homes LLC Property 2. Incident 40906 - Matthew Moodie Property 3. Incident 40910 -Deborah Graham Property Let me know if you have any questions. Thanks! Josiah Payne Cedar Rock ENVIRONMENTAL