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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 liur�r Her��r. LA �� Nor& fi ltaa D 4X 1 Qrl * 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 Confidentiality Notice: The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its contents (including any attachments) may contain confidential and/or privileged information. If you are not an intended recipient you must not use, disclose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and delete and destroy the message. 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