HomeMy WebLinkAboutMO-9473_40915_G_C_20190710_NRP Email DiscussionBeverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, July 10, 2019 3:49 PM
To: Greg Icenhour
Subject: RE: [External] 7609 Linda Lake NORP
Attachments: 2019-07-10 NORP for DEQ Review (notes to change).pdf
Hey Greg,
A couple of additions are needed. See comments on the attachment.
Instructions and Form for Notice of Residual Petroleum with Alternate Land Use Restriction
https://deg.nc.gov/about/divisions/waste-management/ust/forms
Trudy
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NORTH CAROLINA ST u, � O
%I
Department of Environmental quay
Frnail comespondence 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: hllps:Hdeq.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:
https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment- ig s maps
File Review Procedures:
hlt 2s:Hdeg.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hl!ps:Hedocs.deq.nc.lzov/WasteManagement/Search.asp
Document Submittal & UST File Names for Laserfiche Policies:
httDs:Hfiles.nc. izov/ncdea/Waste%2OManaeement/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal
%20Memo%2OUpdate.pdf
https://files.nc.eov/ncdea/Waste%2OManaeement/DWM/ JST/Corrective%2OAction/UST%20file%20names%20for%2OLas
erfiche.docx
From: Greg Icenhour[mailto:Glcenhour@maaonline.com]
Sent: Wednesday, July 10, 2019 3:23 PM
To: Beverly, Trudy <trudy.beverly@ncdenr.gov>
Subject: [External] 7609 Linda Lake NORP
Importance: High
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spam@nc.gov
Trudy — attached is the drat NORP. If this looks OK, I'll get the client to sign. Thanks for your assistance; they're
anxious to sell the property.
With best regards,
::. Atlantic
Greg D. Icenhour, P.G., MBA
Vice President/Charlotte Branch Manager
MID -ATLANTIC ASSOCIATES, INC.
1125 E. Morehead Street, Suite 104
Charlotte, NC 28204-2849
(980) 585-1271— Phone
(980) 585-1272 — Fax
(704) 604-5201— Mobile
Corporate Office:
409 Rogers View Court
Raleigh, NC 27610
Office: (919) 250-9918
Facsimile: (919) 250-9950
Outstanding service since 1993
http://www.maaonline.com
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Prepared by and return to: Van Buren
Law, PLLC, 524 East Boulevard
Charlotte, NC 28203
NOTICE OF RESIDUAL PETROLEUM
7609 Linda Lakes Drive, Charlotte 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 (LIST) 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 14313-279.9 and 143B-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 14311-279.9 and 14311-279.11, 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
Lifespan Incorporated of Charlotte, North Carolina is the owner in fee
(owner's name) (city & state of homeowner)
simple of all or a portion of the Site, which is located in the County of Meeklenbur , State of North
Carolina, and is known and legally described as:
Revised February 7, 2019
1
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 Mecklenbur& 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 Exhibit B. No soil shall be excavated or disturbed within
3 feet of the area identified in Exhibit except to remediate the soil in accordance with
all applicable state and federal statutes, regulations and guidelines.
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, Lifespan Incorporated rated has caused this Notice to be executed pursuant
to N.C.G.S. Sections 143B-2799 and 143B-279.11, this day of , 20
Lifespan Incorporated
(name of responsible party if agent is signing)
By:
(signature of responsible party, attorney or other agent if there is one)
President
(title of agent for responsible party if there is one)
Signatory's name typed or printed: Kenneth Fuggaa
NORTH CAROLINA
COUNTY
(Name of county in which acknowledgment was taken)
I, , a Notary Public for said County and State, do hereby certify that
Kenneth Fuquay personally came before me this day and acknowledged that he is
of President and acknowledged, on behalf of Lifespan Incorporated the grantor the due execution of
the foregoing instrument.
WITNESS my hand and official seal, this the day of
12019.
(Official Seal)
(signature of Notary Public)
('printed or typed name of Notary Public)
Notary Public
My commission
expires:
Approved for the purposes ofN.C.G.S. 143B-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 of Regional Supervisor)
Date:
(Official Seal)
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission
expires:
Revised February 7, 2019
3
EXHIBIT A
B13GININrNG at an existing iron pipe on the southerly right-of-way margin of
Linda Lake Drive (R/W — 60'), which gripe is also situated on the common
boundary between Lots 29 and 30 in Block L of Grove Park as shown on map
thereof recorded in Map Book 7 at Page 387 of the Mecklenburg Public Registry;
thence proceeding from the Beginning Point with the boundary between the
aforesaid Lets 29 and 30 S 20-00-00 E 205.59 feet to an existing iron rebar, the
northeasterly corner of Lot 20 in Block L of Grove Park as shown on the aforesaid
map; thence with the northerly boundary of the said Lot 20, S 70-17-27 W 50.08
feet to an iron; the northwesterly corner of the said Lot 20; thence S 88-04.34 W
87,93 feet to an iron on the westerly line of Lot 23 in Block L of (:move Park as
shown on the aforesaid map thereof, thence with the westerly line of the said Lot
23, N 48-05-05 E 36.22 feet to an iron, the southeasterly corner of Lot 24 in Block
L of Grove Park as shown on the aforesaid map; thence with the easterly boundary
of the said Lot 24 and continuing with the easterly boundary of Lots 25, 26, and 27
in Block L of Grove Park as shown on the aforesaid map, N 19-58-38 W 164.92
feet to an iron on the southerly right-of-way margin of Linda Lake Drive; thence
with the southerly right-of-way margin of Linda Lake Drive, N 70-13-23 E 100,0t
feet to an iron, the Point and place of BFGTNN1NG, and containing A61 acres and
being all of Lots 28 and 29 and part of Lots 21 and 22 in Block L of Grove Parkas
shown on the aforesaid reap, all as shown on survey by Jeff S. Hladun, NCRLS,
dated May 3, 1999.
EXHIBIT B
2
N
REFERENCES:
1. 2019 AERIAL IMAGERY AND COUNTY DATA FROM MECKLENBURG COUNTY GIS
2. MID -ATLANTIC FIELD NOTES.
NOTES:
- ALL LOCATIONS ARE APPROXIMATE;
- THE AREAS OF CONTAMINATION DEPICTED ON THE MAP ARE APPROXIMATIONS
DERIVED FROM THEBEST AVAILABLE INFORMATION AT THE TIME OF FILING.
Mid Atlantic
Engineering & Environmental Solutions
FIGURE 1 - SITE MAP
LINDA LAKE DRIVE UST
7609 LINDA LAKE DRIVE
CHARLOTTE, NORTH CAROLINA
SCALE:1.240
0 25 50
Feet
DRAWN
DATE:
BY: ` `
JUNE 2019
DRAFT JLS
JOB NO:
CHECK:
H1378.00 Task 10000
ENG.
GIS NO:
CHECK: PRK
05G-H1378.00-03
APPROVAL: GDI I FIG NO: 1