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HomeMy WebLinkAboutMO-9458_40898_G_C_20190429_Draft NORP for UST Review• PARAGON RECEIVED Environmental Consultants, Inc. APR 2 9 2019 April 29, 2019 Trudy Beverly Mooresville Regional Office - NCDEQ 610 East Center Avenue — Suite 301 Mooresville, NC 28115 Reference: Notice of Residual Petroleum Highsmith Residence 82 Eastcliff Drive SE Concord, Cabarrus County, North Carolina Incident # Pending Dear Ms. Beverly: Please find enclosed a Notice of Residual Petroleum for the above referenced groundwater incident. Please review and have the Regional Supervisor sign the attached Notice of Residual Petroleum and return it to Paragon by mail. Paragon's mailing address is: Paragon Environmental Consultants, Inc. P.O. Box 157 Thomasville, NC 27361-0157 We will then file the notice with the Cabarrus County Register of Deeds. Please contact our office at (336) 669-6037 if you have any questions or require any additional information concerning this notice for the Highsmith Residence. Since ly, Benjamin W. Robinson, L.G. Paragon Environmental Consultants, Inc. NRPItr-1923 P.O. Box 157 • Thomasville, NC 27361-0157 Business Ph: (336) 669-6037 • Fax: (336) 476-7708 NOTICE OF RESIDUAL PETROLEUM Highsmith Residence 82 Eastcliff Drive SE Concord, NC Incident # Pending_ Cabarrus County, North Carolina Current Property Owners Deed Book # 7602 Page # 0150 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 14313-279.9 and 14313-279.11. 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 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 143 B-279.11 and has/shall be recorded at the Cabarrus County Register of Deeds' office Book , Page Any map or plat required by DEQ has been/shall be recorded at the Cabarrus County Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Andrew B. Highsmith of Concord, North Carolina is the owner in fee simple of all or a portion of the Site, which is located in the County of Cabarrus, State of North Carolina, and is known and legally described as: Lying and being in Ward Number Three (3) of the City of Concord, Number Twelve (12) Township of Cabarrus County, North Carolina in the Southeastern corner of the intersection of Eastcliff Drive, Southeast, and Ideal Way, and Being all of Lot Numbers 5, 6, and 7, and part of Lot Number 4 in Block "B" of Crestwood Heights, as surveyed and platted, a copy of which is filed in the Office of the Register of Deeds for Cabarrus County in Map Book 7, Page 43, and being more fully described as follows: Beginning at an iron stake in the southeastern corner of the intersection of Eastcliff Drive and Ideal Way, and runs thence with the East side of Ideal Way South 30-00 East 150.00 feet to an iron stake, corner of Lot Numbers 7 and 8 (BA Earnhardt, Deed Book 270, Page 207); thence with the line of Lot Number 8 (BA Earnhardt) North 60-00 East 87.50 feet to an old stake in the line of Earnhardt, rear corner of Martha Hope (deed book 207, Page 260); thence with the line of Hope, and a line of Hope, and line through Lot 4, North 30-00 West 150.00 feet to an iron stake on the South side of Eastcliff Drive, front corner of hope; thence with the South side of Eastcliff Drive, South 60-00 West 87.5 feet to the point of Beginning, as surveyed and platted by J. Lawrence Blackley, RLS, December 14, 1988; Subject to the Rights of Way for Eastcliff Drive and Ideal Way. 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 Cabarrus County Register of Deeds receives and records the written concurrence of the Secretary (or his/her delegate) of DEQ (or its successor in function). PERPETUAL LAND USE RESTRICTIONS [Restrictions apply to activities on, over, or under the land.] Soil: Soil containing residual petroleum above applicable regulatory standard(s) remains on the site in the area identified in Figure], Attachment A. No soil shall be excavated or disturbed within 3 feet of the area identified in Figure 1, 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 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. IN WITNESS WHEREOF, Andrew B. Highsmith has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day ofAl 2019. By: Signatory's name typed or printed: Andrew B. Highsmith NV?ffH CAROLINA CQb IrroS COUNTY I certify that the following person(s) perJim o ally she signed the foregoing document: i w Date: A prd 27 W'g (Official Seal) Benjamin W Robinson Notary Public Rowan County North Carolina me this day, each acknowledging to me that he or of Notary Public) ��i�(QV►b✓1 W • �0�►nSQ✓1 (printed or typed name of Notary Public) Notary Public My commission expires , 20.23. Approved for the purposes of N.C.G.S. 143B-279.11. Ronald H. Taraban, Ph.D., Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environmental Quality NLQ$T:I C ROLINA COUNTY (Name of county in which acknowledgment was taken) I certify that the following person(s) ersonal�v appeared before me this day, each acknowledging to me that he or she signed the foregoing document: L04 N _ f 0AgLDM (full printed name of Regional Supervisor) LIM& Date: ct �. E,RIAIV �''��., (Official Seal) 0 Yk NOT e'�y(signature of Notary Public) q rnO� .pG ` �� (printed or typed name of Notary Public) Notary Public UNTY !..���'` My commission e fires , 20A z THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL J Z � GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS U AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. 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