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HomeMy WebLinkAboutMO-9473_40915_C_NRP_20190802_Filed Notice of Residual PetroleumFOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenbur2 County NC 2019 AUG 0 12:12:99 pM SK:33727 PG:358-363 FEE:.00 INSTRUMENT$#262019099517 JACKSED III 1111111111111111111111111111111111111111111111 2019099517 7609 Linda Lakes Drive, Charlotte Mecklenburg County, North Carolina (stle 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 Environment Quality (or its successor in function), as authorized by N.C.G.S. Section 14313-279.9 and 14311-279.11. The North Carolina Department of Environment Quality shall hereinafter be referred to as "DEQ". 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-279.1 I 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 - Mecklenburg Register of (name qfcouno�) Deeds' office Book Page and has been/shall be incorporated into the Notice by this reference. Source ProU2Ly Lifespan Incorporated of Charlotte, North Carolina is the owner in fee (owners name) (city & slate ofhomecivner) 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: -ff\i-. Ken FC,_q"0_V, NCJ,4vt4- L�lt SizQ A-oaf A Revised February 7..2019 For protection of public health and the environment, the following land use restrictions required'., by N.C.G.S. Section 14313-279.9(b) shall apply to*all of the above -described real property. These restrictions shall continue iireffect 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, LANID USE`1�5�' -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 ExhibitB.except to rerriediate 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: ENF®RCVMENT 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) riay 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 totlie same violation or as to one occurring prior or subsequent thereto. IN WITNESS WHEREOF, Lifesnan Incorporated has caused this Notice to be executed pursuant to N.C.G.S.:-Sections 14313-279.9 and 14313-279.11-, this dayof 120_ Lifespaft'InCr6rrlorated of re o ' party ' e is signing) By: tur f re ongib a party, 6A ney or ther agent if thereis one) President " (title of agent for responsible party if there is one) Signatory's name typed orprinted: Kenneth Fuquay Revised February 7, 20I9 2 �Oaff C ROLINA COUNTY (Name of county in which acknowledgment was taken) C'k.. Y�rr�,,._�Z i�„n, a Notary Public for said County and State, do hereby certify that Kenneth Fuguay personally came before me this day and acknowledged that he is of &9WL#CWitcknowledged, on behalf of Lifespan Incorporated , the grantor the due execution of �gl�l�yr� ®ej 0.00 . SS my hand and W icialseal, this the dayof ` , 2019. ptarj, (QfficiaF t%G Agnatur of Notary Public ®� CA ( ®®®�� , A A%� — `' (printed or typed name of Notary Public) Ott aNotary Public �� • ' .... :. &� ry f.��� My commission expires. ,90 Approved for the purposes of N.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) expires: printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 3 Approved for the purposes of N.C.O.S. 143B-279.11 r l (Signature of Regional Supervisor) Ronald.H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ronald H. Taraban _(full printed name of Regional Supervisor) Dat ( mcial Sea() dot®91i1iSl®p®'® 4��•�,a1o►d,O5o' so 9Ne r �; atior 9 m U' ®®®ems `e•COU�` ®d®®®® ®®g®id9t111t®��% IDAAJ d�... Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 W =_ BEGINNING at an.existing iron pipe on the southerly right-of-way margin of Linda Lake Drive (R/W — 60% which pipe 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 Book 7 at Page 387 of the Mecklenburg Public Registry; thence proceeding from the Beginning Point with the boundary between the aforesaid Lots 29 and 30 S 20-00-00 E 205.59 feet to an existing iron rebar, the northeasterly comer of Lot 20 in Block L of Grove Park as shown on the aforesaid reap, 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 Grove Park as shown on the aforesaid reap thereof, thence with the westerly tine of the said Lot 23, N 48-05.05 E 36.22 feet to an iron, the southeasterly comer 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 100,01 feet to an iron, the point and place of BEGINNING, and containing .461 acres and being all of Lots 28 and 29 and part of Lots 21- and 22 in Block L of Grove Park as shown on the aforesaid trap, all as shown on survey by Jeff S. Hladun, NCRLS, dated May 3, 1999, N [WA 01 1A IS REFERENCES: SCALE:1:240 1. 2019AERIAL IMAGERYAND 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 'EnB�neenng & Em�ronmanul.5alutions NORP EXHIBIT B SITE MAP LINDA LAKE DRIVE UST 7609 LINDA LAKE DRIVE CHARLOTTE, NORTH CAROLINA 0 25 50 Em Feet DRAWN BY. v JUNE 2019 _ DRAFT JLS JOB NO: CHECK: H1378.00 Task 10000 ENG. GIS NO: CHECK: PRK 05G-H1378.D0-03 APPROVAL: GDI FIG NO: 1 Beverly, Trudy From: Beverly, Trudy Sent: Monday, August 5, 2019 6:28 AM To: Patrick Kelly; Kenneth Fuquay Cc: Greg Icenhour Subject: RE: [External] Recorded NORP Thank you for the update. Trudy DE NnFiTt,::ar;ouNn Uegartment of Environmental Quality TIC Bonwly. L.G. W idwWaff fflu QMft L''ST Sedio4 Mamntle R&Owd Ofte Min 211-31$3 (Mml Errmil correspondence to arxi 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: https:Hdeq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-mana,gement/ust/ast- program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mane eg ment- imps File Review Procedures: htip s : Hdeg. ne.,gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hILtps://edocs.deq.nc.gov/\VasteManagement/Search.asp Document Submittal & UST File Names for Lasenfiche Policies: httDs:Hfiles.nc. eov/ncdea/Waste%2OManaizement/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal %20Memo%2OUpdate.pdf httDs:Hfiles.nc. eov/ncdea/Waste%2OManaizement/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLas erfir.he tinr.x From: Patrick Kelly [mailto:PKelly@maaonline.com] Sent: Friday, August 2, 2019 4:37 PM To: Kenneth Fuquay <kfuquay@lifespanservices.org> Cc: Greg Icenhour <Glcenhour@maaonline.com>; Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] Recorded NORP toe rnal email. Do not click links or open attachments unless you verify. Send all suspicious email as an _ Wchment report.spam@nc.gov Ken, Attached is a scan of the recorded NORP, you should receive a hard copy from the register of deeds in the mail. Public notification letters went out in the mail today. Sincerely, Miti ean ...IY„—Niif 4f_ E 1141e"ffi 4muF 381. d pni Patrick R. Kelly, P.G. Project Geologist MID -ATLANTIC ASSOCIATES, INC. 1125 E. Morehead Street, Suite 104, Charlotte, NC 28204 980-585-1271 Office 704-560-0645 Mobile www.MAAONLINE.com I Outstanding Service Since 1993 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. From: scanner@midatlanticassoc.com [mailto:scanner@midatlanticassoc.com] Sent: Friday, August 02, 2019 3:00 PM To: Patrick Kelly <PKelly@maaonline.com> Subject: Scan from copier ------------------- TASKalfa 2506 [00:c0:ee:4b:d1:cc]