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HomeMy WebLinkAboutMO-8920_40424_C_NRP_20190318_Filed Notice of Residucal PetroleumCERTIFIED 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 Register of Deeds of Mecklenburg County, North Carolina as Instrument Numbein Book Number 3 `'> j Page Number -130L and ending with Page Number Witness my hand and seal this the tP, day of MU(-Pb 20 FRF^nTrT, CAATmTJ DUTC UD !1U UUT Q By: B33358 - P386 FOR REGISTRATION Me REGISTEER OF1DEEDS 20191MAAR 418 County:: 3NPM 9K:33388 PG;388-391 INSTRUMENT$#820119030073 PHETSI, 201I3007311AiNl NOTICE OF RESIDUAL PETROLEUM Returned to customer Rock Worship Center, Incident Number 40424, 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 143B-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 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 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. Source Property Western Carolina Holding, LLC 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: Revised February 7, 2019 B33358 - P387 Tract I Being Lot No. 1 of Block No. 3, of the West Boulevard Subdivision of Marsh Realty Company property, according to Map thereof recorded in Map Book 4, at Page 409, in the Office of the Register of Deeds for Mecklenburg County, North Carolina. Parcel# 119-032-17. Property address: 1113 and I M7 Fordhom Road, Charlotte, NC 28208 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 Mecklenbure 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 standards) remains on the site in the area identified in Figures 1 and 2, Attachment A, from the Initial Abatement Action Report dated November 14, 2014. No soil shall be excavated or disturbed within 3 feet of the area identified in Figures 1 and 2, 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 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 7, 2019 2 B33358 - P388 IN WITNESS WHEREOF, Carolina Trust Bank has caused this Notice to _be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this J day of /tAPI) � , 20(j . Carolina Trust Bank — member manager (name of responsible party tf agent is signing) By: X l a' nature of responsible party, attorney or other agent {f there is one) Senior Vice President (title of agent for responsible party tf there is one) Signatory's name typed or printed: Leslie H. Anton NORTH CAROLINA L loco (n COUNTY (Name of county in which acknmvledgment 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: Les lip- 1q . A u4o n Date: 3f13 / d od �c (. (Official Scat) (signature of Notary Public) L Wjs4 �P MA851p/y oo`" Fa ro OCT 9N 20 2019 printed or typed name of Notary Public) Notary Public My commission expires: /jo)Goff /p� Revised February 7, 2019 B33358 - P389 tp oveQfor the purposes of N.C.G.S. 1436-279.11 (signaturenal supervisor) Ronald H. Taraban, Ph.D. Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment and Natural Resources NORTH CAROLINA �� 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: RonaldH Taraban,Ph.D. (full printed name of Regional Supervisor) Date: 1j/CU/LGYV l n9 (Official Seal) g�GNOt rr 10 R. Black L Public Public Number 20041820022 My commission expires: July 12, 2019 &ge-gig R33358 - P391 Beverly, Trudy From: Tomie Benton<tmb@geologicalresourcesinc.com> Sent: Monday, March 18, 2019 2:30 PM To: Beverly, Trudy Cc: Randy Smith; 'lauton@carolinatrust.com' Subject: [External] Rock Worship Center, Incident #40424 Attachments: Certified Copy NRP - The Rock Worship Ctr..pdf External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Hi Trudy, I have attached a certified copy of the NRP filed with Mecklenburg County ROD for the Rock Worship Center, 1113 Fordham Road, Incident #40424. When I met with Ron today, he said to email the copy to you and you could email us the Conditional NFA so we can get the PN letter sent. They are planning to close on the property at the end of the month so we are trying to get this incident closed as soon as possible. Please let us know if you have any questions or need anything more to issue the Conditional NFA. THANKS! r3etitoiv Geological Resources, Inc. 3502 Hayes Road Monroe, INC 28110 Main (704) 845-4010 Cell (252) 367-2617 Fax (704) 845-4012 www.geologicalresourcesinc.com