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Home My WebLink AboutItem No 38 - Recorded Notice of Residual Petroleum-OCRESP ESP Associates P.A September 27 2007 Mr Allen Schiff NCDENR Division of Waste Management 610 East Center Avenue Suite 301 Mooresville North Carolina 28115 Re Copy of Recorded NORP Former Worth Ketter Site Morehead Common Area Charlotte North Carolina NCDENR Incident No 9567 NCDENR Risk Classification Low ESP Project No E6-UD42.601 Dear Mr Schiff On behalf of Beazer Homes Corp ESP Associates PA is submitting the attached copy of the subject sites Notice of Residual Petroleum recorded with the Mecklenburg County Register of Deeds omSeptember1-82007 If you should have any questions concerning this matter please call me at 803 835-0915 Sincerely ESP Associates PA hristo herJ ardPG Environmental Services Manager Attachment cc Origiiial NORP Mr Jade Eastridge Beazer Homes P.O Box 7030 Charlotte NC 28241 1.800.9607317 NC 704.583.4949 fax 704.583.4950 SC 803.802.2440 fax 803.802.2515 \wwespassociates.com FOR REGIS GIBSON MECKLENBURG COUNTY NC 2007 SEP 18 0409 20 00BK22B23PG4798EE$2007192925 INSTRUMENT 2007192925 NOTICE OF RESIDUAL PETROLEUM rr CD cji Area of the Morehead Common Site former Worth Keeter Property Mecklenburg Coætortl1 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 Carolinas Statutes and Regulations which consist of N.C.G.S 143-215.94 and regulations adopted thereunder This Notice is part of remedial action for the Site that has been approved by the Secretary or his/her delegate of the North Carolina Department of Environment and Natural Resources 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 Environment and Natural Resources shall hereinafter be referred to asDENR NOTICE Petroleum product was released and/or discharged at the Site Petroleum constituents remain on the site but are not danger to public health and the environment provided that the restrictions described herein and any other measures required by DENIR 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 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 DENR pursuant to N.C.G.S Sections l43B-279.9 and 143B-279.ll and has/shall be recorded at the Mecklenburg County Register of Deeds office BookPage Source Property BeazerHomes Coa th pOrtion ffff Site which is located in the County of Mecklenburg State of North Carolina and is known and legally described as BEGThJNING at new iron rod located in the southwesterly right-of-way margin ofDunbar Street variable public right-of-way and the northwesterly right-of-way margin of South Clarkson Street variable public right-of-way and i-wining thence with the margin of the aforesaid South Clarkson Street 46-32-51 W399.54 feet to new iron rod located at the intersection of the aforesaid South Clarkson Street and the northeasterly margin ofPost Street variable public right-of-way thence with the margin of the aforesaid Post Street N43- 29-49 139.89 feet to new iron rod located in the southerly line of an alleyway thence with the line said alleyway 6-29-2 399.05 feet to new iron rod in the southwesterly margin of Dunbar Street thence with said margin ofDunbar Street 43-41-49 140.28 feet to the point and place ofBeginning containing 1.2841 Acres and being designated as ParcelU TAX 73-252-0 all as shown onALTA/ACSMLand Title Survey for Crescent Resources prepared by Pharr Associates P.A Job No 63700 dated January 2005 last reviewed November 2005 reference to which survey is hereby made For protection of public health and the environment the following land use restrictions required by N.CG.S Section 143B-279.9b 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 concunence of the Secretary or his/her delegate of DENR or its successor in function çy7 /V1 Revised October 2006 /-/i PERPETUAL LAN USE RESTRICTIONS rCjOUlL Groundwater Groundwater from the site is prohi bited from use as water supply Water supply wells of any kind shall not be installed or operated on the site ENFORCEMENT The above land use restrictions shall be enforced by any owner operator or other party responsible for the Site The above land use restrictions may also be enforced by DENR through any of the remedies provided by law or by means of 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 DENR or its successor in function shall be subject to enforcement by DENR to the full extent of the law Failure by any party required or authorized to enforce any of the above restrictions shall in no event be deemed 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 Beazer Homes Corp has caused this Notice to be executed pursuant to N.C.G.S Sections l43B279.9 and 143B-279J this day of 2007 Beazer Homes Corp name of responsible party agent is signing signature ofPonsiblePa79torneY or other agenit7ere is one President Charlotte Division Title of agent for responsible party is one Signatorys name typed or printed Thomas Bruce _____ NORTH CAROLINA MECKLENBURG COUNTY certify that the following person personally appeared before me this day acknowledging to me that he or she signed the foregoing document Thomas Bruce Date Ai 22 27 _________________Mri Notarys printed or typed name Notary Public My commission expires\JfrU cei Revised October 2006 Approved for the purposes ofN.C.G.S 143B279 11-2 signature of Regional Supei-vzsor Robert Davies Corrective Action Branch Head printed na/ne ofRegional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment and Natural Resources OTH CAROLINA _________COUNTY 37SEP7 il certify that the following persons personally appeared before me this day each acknowledging to me that he or she signed the foregoing document Robert Davies Corrective Action Branch Head expiresMycoio 1c Official Seal Notary Public Revised October 19 2006 JUDITH GIBSON REGISTER OF DEEDS MECKLENBURG COUNTY COURTS OFFICE BUILDING __720 EALEURIELS.TREET CHARLOTTE NC 28202 PLEASE RETAIN YELLOW TRAILER PAGE It is part of the recorded document and must be submitted with original for re-recording and/or cancellation Filed For Registration 09118/2007 0409 PM Book RE 22823 Page 479-482 Document No 2007192925 NS $25.00 Recorder SERENA ROSS NS non standard fee is in accordance with NC G.S 161-10 18b IIHI HID Ilifi Ilifi III flU flU IU UI Iffi II 2007192925