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HomeMy WebLinkAboutMO-9528_40963_C_NRP_20191212_Filed Notice of Residual Petroleum• PARAGON 1XIEnvironmental Consultants, Inc. Ui�_1 December 17, 2019 Trudy Beverly Mooresville Regional Office - NCDEQ 610 East Center Avenue — Suite 301 Mooresville, NC 28115 Reference: Notice of Residual Petroleum Wagner Residence 1132 Providence Road Charlotte, Mecklenburg County, North Carolina Incident # 40963 Dear Ms. Beverly: Please find enclosed a certified copy of the Notice of Residual Petroleum for the above referenced groundwater incident. This Notice of Residual Petroleum has been recorded at the Mecklenburg County Register of Deeds. Please contact our office at (336) 669-6037 if you have any questions or require any additional information concerning this notice for the Wagner Residence. Sincerely, Benjamin W. Robinson, L.G. Paragon Environmental Consultants, Inc. NRP1trCert-1972 P.O. Box 157 • Thomasville, NC 27361-0157 Business Ph: (336) 669-6037 • Fax: (336) 476-7708 CERTIFIED COPY FREDRICK SMITH, REGISTER OF DEEDS MECKLENBURG COUNTY, NC 720 E. FOURTH STREET CHARLOTTE, NC 28202 (704)336-2443 State of North Carolina, County of Mecklenburg I hereby certify that this is a true and accurate copy of the document which appears on record in the Office of the Re ister of Deeds of Mecklenburg Count ,North Carolina as Instrument Number ' / / o © in Book Number�/ s _ Page Number / and ending with Page Number Witness my hand and seal this the day of 20 FREDRICK SMITH, REGISTER OF DEEDS � ��C....S.f✓i By: REGISTER Deputy Register o eeds OF Ad THIS CERTIFICATION SHEET IS A PART OF THE DOCUMENT B34115 - P966 FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburgg County NC 2019 DEC 12 09:39:65 AM BK:34115 PG:966-969 FEE:$26.00 INSTRUMENT # 2019169622 TAYLORD 'Al��lllflllllnllll�Ul��l�l 2019169622 Retumed to customer NOTICE OF RESIDUAL PETROLEUM Wagner Residence 1132 Providence Road Charlotte, NC Incident # Pending Mecklenburg County, North Carolina Current Property Owners Deed Book # 32960 Page # 78 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 14311-279.9 and 14313-279.11. 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 1438-279.9 and 14313-279.11, 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 County Register of Deeds' office Book , Page Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg County Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Sean C. Wagner of Charlotte, North Carolina 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: BEING All of Lot 6, in Block 1, as shown on map of the J.S.Harris Estate Property recorded in Map Book 4, at Page 525 of the Mecklenburg County Public Registry. 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 Deeds receives and records the written concurrence of the Secretary (or his/her delegate) of DEQ (or it in function). ,A9W;nWCK s: 1334115 - P967 PERPETUAL LAND USE RESTRICTIONS [Restrictions apply to activities on, over, or under the land.] Soil: Soil containing residual petroleum above applicable regulatory standard(s) remains on the site in the area identified in Figure], Attachment A. No soil shall be excavated or disturbed within 3 feet of the area identified in Figure 1, Attachment A 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 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, Sean C. Wagner has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this � day of kAwg1(gyp✓ , 2019. By: Signatory's name typed or printed: Sean C. Wagner NORTH CAROLINA Mec�enbum COUNTY 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: Sean t✓. wa Date: 644w 11 Z19 (Official Sea]) Benue j�m� PRsw ublic Rowan County North Carolinaseem ttt��8 REGISTER DEEDS (Si ature of Notary Public) &,'a.;n W. Robinson (printed or typed name of Notary Public) Notary Public My commission expires, 20. 1334115 - P968 A roved for the purposes of N.C.G.S. 1438-279.11 ( ignature ofRegiona/Supe1Visor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA T41LI I COUNTY 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 printedname ofRegiondlSuper✓isor) Date.jk 9A) 6� 2019 . (Offt"cia/Sea/) Sherian R. Black 5��RIAN9 Notary Public • NOrNotary Public Number 20041820022 I c /2 �,9 A My commission expires: GeC I C I July 12, 2024 JCK;Z B34115 - P969 { u Z O t E X U 1 X � J I a t I I N a Ix I Z { 1 Z W w iX LL^J W V J J e J W O a 3 I _1 x 1 x I m I I {x X .I PROVIDENCE ROAD CONCRETE WALK OZW 1 ZWW com I z xl aro �zz I I I:xS x{ VOi I I r=>¢ ¢ CC 0 { a A Xl,k• O s FIGURE 1 x' DEEDS'.��! a Z J L% 2 a z U r Z LLJ . W . O E- -- L7fz z aZa -a�r w J J CL j J ZZ , W O a U a x m U wz z O W Q r 3 r U O J Z cr a a w r N U z w_ J U m D W J O c Q r O W X U a Z J W W avr �Zr � Wp 0 N>cr O a IY = IL a-U O N W M_ U .U. w F._. 00 ¢Z a z O o? as r z O O U ¢ J J O w cn O Beverly, Trudy From: Beverly, Trudy Sent: Thursday, January 2, 2020 2:11 PM To: Ben Robinson Subject: Wagner Residence - Incident #40963 — Filed Notice of Residual Petroleum Good Afternoon Ben, I received the certified copy of the filed Notice of Residual Petroleum for Wagner Residence located at 1132 Providence Road, Charlotte, Mecklenburg County, North Carolina (Incident #40963). The NRP has been loaded into Laserfiche. Thank you, Trudy �EWTrudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office tie 4� rlrx �1Y14�Y 704.235.2182 (Office) Trudy.Beverlykncdenn gov Email correspondence 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: hops://deq.nc.gov/about/divisions/waste-manaaement/ust Branch's Above Ground Storage Tanks Website Address: https://deg.nc.gov/about/divisions/waste-management/ust/ast-pro¢ram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httt)s://deo.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans File Review Procedures: htips:Hdeg.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hitps://deq.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https://files.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf https:Hfiles.nc. gov/ncdeq/Waste%2OManagement/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx