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HomeMy WebLinkAboutMO-28067_47337_C_NRP_20200916_Filed Notice of Residual PetroleumFor Registration Fredrick Smith Register of Deeds Mecklenburg County, NC Electronically Recorded 2020 Sep 16 08:59 AM RE Excise Tax: $ 0.00 Book: 35057 Page: 916 - 921 Fee: $ 26.00 Instrument Number: 2020149229 3MLS ". NOTICE OF RESIDUAL PETROLEUM Richard Davis 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 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-279.11 and has/shall be recorded at the Mecklenburg_ Register of Deeds' office Book , Page (name of county) Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg Register of (name of county) Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Jeanette T. Davis of Charlotte, 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 4431, Page 680). Revised January 15, 2013 Page 1 of 4 submitted electronically by "Cedar Rock Environmental, P.C." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Mecklenburg county Register of Deeds. 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 standard(s) remains on the site in the area identified in Figure 1, Attachment A 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 IN WITNESS WHEREOF, Jeanette T. Davis has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 14313-279.11, this 151 day of September , 2020. Jeanette T. Davis ( me f r ponsible party ?gent is signing) By: (signature of responsible party, attornGe or other agent if there is one) President, Cedar Rock Environmental, P. C. (Title of agent for responsible parry if there is one) Signatory's name typed or printed: Robert A. Payne NORTH CAROLINA Al e-m &n Ue 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. Payne Date: �<t,? ka-r 15-, 202y (Official Seal) JOSIAH Q PAYNE NOTARY PUBLIC ALAMANCE COUNTY, N.C. My Commission Expires 10-22-2020. �- (s)Rature of Notary Public) T07 ! Gl I 12.- (printed or typed name of Notary Public) Notary Public My commission expires: Z-z 2020 Revised January 15, 2013 Page 3 of 4 Approved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) Mark R. Powers , Regional Supervisor (printed name of Regional Supervisor) Raleigh_ Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA W 0- k e. 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: Mar( ?2 ire ('� (full printed name of Regional Supervisor) Date: (Official Seal) (signature of Notary Public) JOSIAH D PAYNE �65�� NOTARY PUBLIC (printed or typed name of Notary Public) ALAMANCE COUNTY, N.C. Notary Public MY Commission Expires 10-22-2020. My commission expires: _ zz ? b Revised January 15, 2013 Page 4 of 4 ATTACHMENT A BEING all of Lots 108, 109, 110 and 111 of WEST VIEW HILLS, as shown on map thereof recorded in Map Book 6, at Page 671, in the Office of the Register of Deeds for Mecklenburg County, North Carolina. Being the same property conveyed to William Henry Hoover and wife, Grace R. Hoover by Deed dated the 4th day of May, 1973 and duly recorded in the Office of the Register of Deeds for Mecklenburg County in Book 3574, at Page 412. N ATTACHMENT B David Merritt Property J I I I NOTE: This map may not be a certified survey 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. Ilena Young i Property House Rowan way 0 20 40 80 1 Inch = 40 Feet PROJECT: Richard Davis Property INCIDENT # Pending LOCATION: 1335 Lake Way Drive Charlotte, Mecklenburg Co. CRE PROJECT NUMBER: 300922590 M CEDAR ROCK ENVIRONMENTAL, P.C. FILENAME: 3009NoRP.fc7 VERSION DATE: 9/9/2020 RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) Property Lines T1 = 270-Gallon UST FIGURE 1 Beverly, Trudy From: Beverly, Trudy Sent: Wednesday, September 16, 2020 6:25 PM To: Josiah Payne Subject: RE: FW: [External] NRP Review Received. Thanks Trudy Trudy Beverly, L.G. D_ I E Q Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy. B everlykncdenn 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: htips://deq.nc.gov/about/divisions/waste-manaaement/ust Branch's Above Ground Storage Tanks Website Address: ht!ps:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-proeram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://deo.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans File Review Procedures: https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hit 2s: //deg.nc. gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: httys:Hfiles.nc.eov/nedeci/Waste%2OMana2ement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policy.odf htips:Hfiles.nc. gov/ncdeq/\Vaste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Wednesday, September 16, 2020 12:24 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: Re: FW: [External] NRP Review External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Good afternoon Trudy, Please see the attached copies of the filed NRPs for the Richard Davis Property and the Ryan Kozusko Property. I have also attached our abandonment report for the Richard Davis Property. Haven't abandoned the tank for the other site yet. Josiah Payne Cedar Rock ENVIRONMENTAL On Tue, Sep 15, 2020 at 11:48 AM Josiah Payne <josiah.cre9gmail.com> wrote: Ok, sounds good. Thanks! Josiah Payne Cedar Rock ENVIRONMENTAL On Tue, Sep 15, 2020 at 11:47 AM Beverly, Trudy <trudy.beverly(&ncdenr.gov> wrote: No need to change the site name. I'll keep that the same in the database. I'll change the rp to Jeanette Davis in the database. Thanks for the update, Trudy .r.,--D E �P ;,1 1114 &�" Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy. Beverlykncdenr. 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: htWs:Hdeg.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https:Hdeq.nc.gov/about/divisions/waste-managementlwaste-management-rules-datalwaste-mana eg ment ig s-maps File Review Procedures: https:Hdeq.nc.gov/about/divisions/waste-management/ustlfile-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hqps:Hdeq.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https://files.nc.Qov/ncdea/Waste%20Mana¢ement/D WM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.udf htgps:Hfiles.nc. gov/ncdeq/Waste%20ManagementIDWMIUST/Corr ective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Josiah Payne [mailto:losiah.cre@gmail.com] Sent: Tuesday, September 15, 2020 11:22 AM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: Re: FW: [External] NRP Review Aur-17ternal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Emort.s Good morning Trudy, I just wanted to let you know that for the Richard Davis Property we found out Richard Davis is deceased and so the property belongs to just Jeanette Davis, his wife. I have made this change on the NRP. I did not change the site name, so that is still Richard Davis Property. Please let me know if you want to just keep it like that or if you want to change it in your database and I will change it on the NRP before we file it. I have attached the revised NRP as I have it now. Josiah Payne Cedar Rock ENVIRONMENTAL On Fri, Sep 11, 2020 at 11:43 AM Josiah Payne <josiah.crekgmail.com> wrote: Ok, will do. Thank you, Trudy! Josiah On September 11, 2020 10:42:54 AM "Beverly, Trudy" <trudy.beverly�a ncdenr.gov> wrote: Hey Josiah, The 2 Mecklenburg Counties ones look good for Mark's signature. Dan Graham handles Iredell County. I see that he is on leave until September 17, 2020. You may want to discuss this one with Ron if you need it sooner. Have a great day, Trudy ID E urnarunen[ olM1�mirnnmant�� aa.m�`� Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.B everly(a),ncdenr. 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: https://deq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https: //dcq.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gi s-macs File Review Procedures: hi!ps:Hdeg.ne. gov/about/divisions/waste-management/ustlfile-review-procedures#mooresville-re gional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hqps:Hdeg.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: httos://files.nc.Eov/ncdeg/W aste%20Manaeement/D WM/UST/W hatsNew/Final-Electronic-Document-Submittal-Policv.pdf https: //files.nc. gov/ncdegl W aste%20Management/D WMfUST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche. docx From: Josiah Payne [mailto:iosiah.cre@gmail.com] Sent: Friday, September 11, 2020 9:13 AM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Cc: Powers, Mark <mark.powers@ncdenr.gov>; Robert Payne <cedarrockenv@gmail.com> Subject: [External] NRP Review jil• ernal email. Do not click links or open attachments unless you verify. Send all.susnicious email as an attachments nc. ov Good morning Trudy, Would you mind taking a look at the three attached NRPs for approval? We would like to take them by Mark at the beginning of next week for him to sign. The NRP for 262 Tuckers Grove Rd. in Statesville has alternate verbiage for the groundwater use restriction because they have an active supply well on the property greater than 150 ft from the release used as a sole source of drinking water. The site is currently classified as High Risk due to another inactive well onsite within 150 feet of the release. They are in the process of having that well abandoned so the site can be Low Risk. Please let me know if you have any questions. The other two NRPs are pretty straight forward. The 1335 Lake Way Dr. site in Charlotte is High Risk right now but they are in the process of abandoning the inactive onsite well at which point the site should be Low Risk. Thank you! Josiah Payne Cedar Rock ENVIRONMENTAL