HomeMy WebLinkAboutMO-28288_47548_C_NRP_20210224_Filed NORP & Public Notice DocumentationFOR REGISTRATION
Fredrick SP,4t,n
REGISTER 0,1- DEEUS
Mecklenburg County NC
2021 FEB 24 03:41:�E PM
BK : 35715 PG : 699- 02
FEE: $26.Uu
INSTRUMENT # 20?:b359a9
EDWARD`,I1
NOTICE OF RESIDUAL PETROLEUM
Former Emphasis Ads Inc. Facility , _Mecklenburg County, North Carolina
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 14311-279.9 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 14313-279.9 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;
Coun Register of Deeds' office
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.
Source Property
Red Iron Properties, LLC 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:
PIA
)Stu C4
M4�'�'"ai tilt 2�11t
Revised February 5, 2019
BEGINNING at an iron stake in the westerly line of Hutchison Avenue, said iron stake being located
N.34-20E587.9 feet from the northwesterly intersection of Hutchison Avenue and Armour Drive; thence a
new line N. 55-40 W 297.12 feet to an iron stake in the line of Carolina Houdaille Company; thence with
the line of Carolina Houdaille Company S. 82-27-12 E. 332.84 feet to an iron stake in the westerly
margin of Hutchison Avenue, said iron stake being located S. 34-20 W. 46.6 feet from the northerly line of
Sylvania Avenue, if extended to intersect the westerly line of Hutchison Avenue; thence with the westerly
margin of Hutchison Avenue S 34-20 W. 150 feet to the point of BEGINNING, containing 22,284.00 sq.
ft., as shown on map survey of J. W. Spratt, C.S., dated April 11, 1957 and revised on July 17, 1957.
LESS AND EXCEPT that portion of the aforementioned parcel taken in fee simple by the City of
Charlotte in Condemnation Action filed in Mecklenburg County Superior Court hearing file number 19-
CVS-22320 as evidenced by Memorandum of Action recorded in Book 34023 at Page 436 on the Office of
the Register of Deeds for Mecklenbu Count', North Carolina.
PERPETUAL LAND USE RESTRICTIONS
Soil: The Site shall be used for industrial/commercial use only. Industrial/commercial use means a use
where exposure to soil contamination is limited in time and does not involve exposure to children
or other sensitive populations such as the elderly or sick. The real property shall not be
developed or utilized for residential purposes including but not limited to: primary or secondary
residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds,
parks, recreation areas and/or picnic areas.
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 parry
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 February 5, 2019
IN WITNESS WHEREOF, Rta r, (era , luf LLLhas caused this Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 14313-279.1 , this day of ii ff ,20_
a L L L 7 ✓� U�/�%
(name of rA nsible is fining)
By:
(signature of responsible parry, attorney or other agent if there is one)
(Title of agent for responsibl a if there is one)
Signatory's name typed or printed: g R., aul„i
NO H C� R�LfNA
t6 4! r- COUNTY
(Name of county in whi t acknowledgment was taken)
I certify that the following person personally appeared befpr�me this ay, acknowledging to me that he or
she signed the foregoing document: QV,0H ¢ten t " -Rd
— I
Date: aLV X 21
(Official Seal)
J CARMAN
Notary Public
EIAN
enburg Co., North Carolina
mission Expires Nov. 21, 2024
expires: LI
(s I✓ree of Notes Public)
printed or typed name of Notary Public)
Notary Public
My commission
Revised February 5, 2019
Approved for the purposes_-f N.(-'' S. 1.436-279.11
( ignature of Regio l Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
( 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 . Tara ban (full printed name of Regional Supervisor)
Date: l2, 20 2.1
(cXficial Seal)
\40TA�q�, 0
MY
COMMISSION EXPIRES
&7US LAG
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024
I Complete items 1, 2, and 3.
i Print your name and address on the reverse
so that we can return the card to you.
1 Attach this card to the back of the mailpiece,
_or on the front if space permits.
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D. Is delivery address different from item 1? ❑ Yes
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3. Service Type
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Domestic Return Receipt
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Article Addressed to:
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or on the front if space permits.
Article Addressed to:
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Insured Mail
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(over 5900)
'S Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
Complete items 1, 2, and 3.
Print your name and address on the reverse x
so that we can return the card to you.
Attach this card to the back of the mailpiece, or on the front if space permits.
Ar icle Addressed to:
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3 Form 3811, July 2015 PSN 7530-02-000.9053
Domestic Return Receipt
i Complete Items 1, 2, and 3.
I Print your name and address on the reverse
so that we can return the card to you.
I Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to
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Domestic Return Receipt
3/ 10/2021
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Your item was delivered to an individual at the address at 9:52 am on February 24, 2021 in
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February 24, 2021 at 9:52 am
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February 24, 2021, 11:09 am
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CHARLOTTE, NC 28269
Your item was delivered to an individual at the address at 11:09 am on February 24, 2021 in CHARLOTTE,
NC 28269.
February 24, 2021, 8:25 am
Out for Delivery
CHARLOTTE, NC 28269
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February 24, 2021, 8:41 am
Out for Delivery
CHARLOTTE, NC 28206
February 24, 2021, 8:30 am
Arrived at Post Office
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February 22, 2021, 9:02 pm
Arrived at USPS Regional Facility
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February 22, 2021, 3:27 pm
Departed Post Office
MONROE, NC 28112
February 22, 2021, 10:00 am
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MONROE, NC 28112
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Beverly, Trudy
From: Byron Burns <byron@redironpartners.com>
Sent: Monday, April 12, 2021 8:54 PM
To: Beverly, Trudy
Cc: Rick Harmon
Subject: Re: [External] Finalized NORP Incident 47488
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Trudy,
I am just checking in to see if you can acknowledge in writing that the site has completed the No Further Action
requirements. My lender has requested that I get written acknowledgement (possibly a letter). Thanks for your
help.
Byron
On Mon, Mar 29, 2021 at 11:30 AM Beverly, Trudy <trudy.beverlykncdenr.gov> wrote:
Received.
Trudy
bepa ��Iolr W Oumfift
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 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: htWs:Hdeq.nc.gov/about/divisions/waste-mana,gement/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:Hdeq.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gi 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.eov/ncdeq/Waste%20ManaEement/D W M/UST/W hatsNew/Final-Electronic-Document-Submittal-Policv.pdf
htgps://files.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Rick Harmon [mailto:harmonenv@yahoo.com]
Sent: Monday, March 29, 2021 11:30 AM
To: Beverly, Trudy <trudy.beverly@ncdenr.gov>; Byron Burns <byron@redironpartners.com>
Subject: [External] Finalized NORP Incident 47488
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Ms. Beverly:
Attached please find a copy of the completed NORP and the certified mail receipts for the Former Emphasis
Ads Inc. facility at 1916 North Graham Street. Please call or email if you have any questions.
Richard Harmon, P.G.
Harmon Environmental, PA
615 Bruce Thomas Road
Monroe, NC 28112
704-292-4527
harmonenvironmental.com
Byron B. Burns III
Red Iron Partners, LLC
(704) 426-3008
byron@redironpartners.com
www.redironRartners.com