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)
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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
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a r
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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
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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