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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. Article I�'����Jt�Addresbv to: CCI,�G frO�� 3�3',N onS? C,.���rl� A. swat" X -00 ❑ Agent _ _ 0 Addressee B. Received by (Prin Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type O PrWitRalosy Mail E U Adult Signature d Mall O Repfelared Ma- II I IIIIII IIII III I IiI IIIIII I I I II I I I I II I III I I III O Adult Signature Restricted Delivery ❑ Rpleterod Mall Restricted IN Certified Maly cry 9590 9402 5860 0038 1129 18 O certified Man Reatricted Delivery ❑ Return Race" for ❑ Collect on DW'very Merchandise • -�•_•- —.� .---+-- •-� - n rglloct on Delivery Restricted Delivery ❑ Sigrature Confirmation - '020 0640 0000 3971 7196 ""rd1"81 on °RRestric`tteedo teia.d r' l Restrfded Delivery lvery t - tom« $soo� S Form 3811. July 2015 PSN 753049.OWINO Domestic Return Receipt 2 Complete items 1, 2, and 3. A. ■ 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, e. or on the front if space permits. Article Addressed to: T iYil, t�E4 "'.r QC I19rCk�n� 6Aq 2 Lr GA-: (--CV A- - c, � o Nhi.�M{ )J C (Printed Name) D. is delivery addresselffferent from Item 1? If YES, enter delivery address below: O Agent ❑ Addressee ��D e of � % De ve_)yry ❑ Yes ❑ No 3. Service Type ❑ Priority Mail Express(& ❑ Adult Signature ❑ Registered Mail I I I I II III II (III II II I I I I I I I I II II I I IIII ❑ AdultSignature Restricted Delivery ❑ Rplgatsd R Mail Restricted Certified Maihk1 DWvery 9590 9402 5860 0038 1129 25 Certified Mail ReMA.-ted Delivery O Retum Receipt for ❑ collect On Delivery Merchandise ?. Article Number (Transfer from service tab etl °collect on Delivery Restricted Delivery J Insured Mail O Signature Confirmation,,, ❑ Signature Confirmation 320 0 6 4 0 0000 3971 7189 t Insured Mail Restricted Delivery Reurlcted Delivery -- (over asool __--_ x3 Form 3811. Ady 2015 PW 753"2-000-WW DomeeW Pali" Receipt i Complete items 1, 2, and 3. 1 Print your name and address on the reverse 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. Article Addressed to: M's Cs t �at� N pie2ts ►.ibu C U PL)6L(C 0 ieA t_-r 0 �uu 31wkX'6y R CHAP-i. o7T6 u G 2?24 I A. SiprWWM �° Q Aperit I :r r,'`�' ❑ Addressee B.elved (Printed Name) C. Date of Delivery IerP*oi.l Inrc.hc=t!-1/ 1 3 -1 —Z'c' —' If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail ExpressO ❑ Adult Signature ❑ Registered Mall•` II I IIIIII I'II III I III III II I I I II I I I I III IIIII III ❑ Adult 9lgrtature Restricted Delivery ❑ Registered Mail Restricted Delivery 9590 9402 5860 0038 1129 49 S Certified Melt® ° Certified Mail Restrded Delivery O Return Receipt for ❑ Collect on Dal very Merchandise _ '. Article Number (Transfer from service label) ' ❑ Collect on Delivery Restricted Delivery -1 El Signature Confirmation'"' O Signature Confirmation 320 0640 0000 3971 7165 Insured Mail 1 Insured Mail Restricted DelNvery Restricted Delivery q (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: W 6 -) 160Y I P4'1�V 1� �q-reo Oto&-OPMe1L-) i 919-77 0 0tt4.5 t5w,o Ac7so by (Printed Name) O Agent C. ate f Delivery D. Is delivery address different from Rem 1? U Yes If YES, enter delivery address below: ❑ No Service Type ❑ Priority Mail sO II I IIIIII I'll I'I I III II it I I I I I I I II ({III 1AdultAdult❑ Adsignature ❑ Registered Mail" II I I3. ❑ AduN natwe Restricted Delivery �-CerUfled ❑ p:p�t� W Mail Restricted 9590 9402 5860 0038 1128 64 n Mall® ❑ CeAifled Mall Restricted Delivery Deaf ery ❑ Return Receipt for 0 Collect on Delivery Merchandise ArtirJe htmtbsL@ensfer from SMY/ce tabu 0 Collect on Delivery Restricted Delivery O Signature Confirmation— 26 6640 0000 3971 7097 J Insured Mail 7 Insured Mail Restricted Delivery O Signature Confirmation Restrcted livery 7 cover $soot 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 OAH P a,,,T 61�6707 adA)S 9W10 Pq�- r � 5. it +, K ,1-37`/ a s+a ,/ r 0 Agent x I / a C` ❑ Addressee B. Received -by (Printed Nan)gY C. Date Delivery D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type 0 Priority'" ressO 71 Adult Signature 0 RMail ilNil NI Iilml III II II I I it I I II II! I I{III Restricted Delivery ❑ 0CerT1fied 9590 9402 5860 0038 1128 57 ❑ Cer~ Ma" Reee'`ted DWvery ❑ 40W for ❑ collect on Delivery MerchandiseReturn drtirin Nt imt-wr 7irarWar from carvira /shall O C011ect on Delivery Restricted Delivery O Signature Conlinnation" 0 71 713 640 0000 39` O lneusd Will tnMao Reetr4tKed DWW*y ❑etred O Signature Confirmation Ree.d Delivery � _0 (owerWW) LU S Form 3811. July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 3/ 10/2021 USPS.com@ - USPS Tracking@ Results USPS Tracking° Track Another Package + Tracking Number: 70200640000039717134 FAQs Remove X Your item was delivered to an individual at the address at 9:52 am on February 24, 2021 in CHARLOTTE, NC 28202. OV Delivered February 24, 2021 at 9:52 am Delivered, Left with Individual CHARLOTTE, NC 28202 Get Updates u Text & Email Updates Tracking History Product Information See Less ^ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. u u WAr -n CD Cr v 0 X, https://tools.usps.com/go/TrackConfirmAction?qtc_tLabelsl=70200640000039717134 1 /2 3/10/2021 USPS.com® - USPS Tracking® Results USPS Tracking' Track Another Package + Tracking Number: 70200640000039717158 FAQs Remove X Your item was delivered to an individual at the address at 11:09 am on February 24, 2021 in CHARLOTTE, NC 28269. OV Delivered February 24, 2021 at 11:09 am Delivered, Left with Individual CHARLOTTE, NC 28269 Get Updates u Text & Email Updates Tracking History u W, February 24, 2021, 11:09 am Delivered, Left with Individual 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 Q Cr v https://tools.usps.com/go/TrackConfirmAction?qtc_tLabeisl=70200640000039717158 1/2 3/10/2021 USPS.com® - USPS Tracking® Results USPS Tracking' Track Another Package + Tracking Number: 70200640000039717172 FAQs > Remove X Your item was delivered to an individual at the address at 9:52 am on February 24, 2021 in CHARLOTTE, NC 28202. OV Delivered February 24, 2021 at 9:52 am Delivered, Left with Individual CHARLOTTE, NC 28202 Get Updates u Text & Email Updates Tracking History Product Information See Less n Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. u MA u https://tools.usps.com/go/TrackConfirmAction?qtc_tLabeisl=70200640000039717172 1/2 3/29/2021 USPS.com® - USPS Tracking® Results USPS Tracking' Track Another Package + Tracking Number: 70200640000039717141 FAQs > Remove X The delivery status of your item has not been updated as of February 25, 2021, 2:41 am. We apologize that it may arrive later than expected. Awaiting Delivery Scan February 25, 2021 at 2:41 am Get Updates u Text & Email Updates Tracking History W February 25, 2021, 2:41 am Awaiting Delivery Scan The delivery status of your item has not been updated as of February 25, 2021, 2:41 am. We apologize that it may arrive later than expected. February 24, 2021, 8:41 am Out for Delivery CHARLOTTE, NC 28206 February 24, 2021, 8:30 am Arrived at Post Office CHARLOTTE, NC 28213 https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=70200640000039717141 112 3/29/2021 USPS.com® - USPS Tracking® Results February 23, 2021, 10:19 pm Departed USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER February 22, 2021, 9:02 pm Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER February 22, 2021, 3:27 pm Departed Post Office MONROE, NC 28112 February 22, 2021, 10:00 am USPS in possession of item MONROE, NC 28112 Product Information u See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs m m https://tools.usps.com/go/TrackConfirmAction?qtc_tLabeIs1=70200640000039717141 2/2 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