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HomeMy WebLinkAboutMO-9466_40906_C_NRP_20190613_Filed Notice of Residual PetroleumB33581 - P129 FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburgg County NC 2019 JUN 12 01:40:64 PM SK:33581 PG:129-133 FEE:$26.00 INSTRUMENT # 2019072040 TAYLORD 1111111111111111111111111111 NOTICE OF RESIDUAL PETROLEUM Matthew Moodie Property Mecklenburg County, North Carolina (Site name) 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 143B-279.9 and 143B-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 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 Register of Deeds' office Book , Page (name ofcounty) Any map or plat required by DEQ has been/shall be recorded at the Register of (name of county) Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Matthew R. Moodie and wife, Tina C. Moodie of Charlotte, North Carolina (Owner's name) (city & state of homeowner) 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: BEING all of Lot 7, 8 and 9 in Block 12 of Avondale Subdivision as the same is shown on a map thereof recorded in Map Book 3 at Page 634 and also Map Book 3 at Page 211 (a revision of Map Book 3 at Page 128) in the Mecklenburg County Public Registry. (Excerpted from Mecklenburg County Register of Deeds Book 32058, Page 792.) Return to: Revised January 15, 2013 Page 1 of 4 Cedar Rock Environmental, P. C. 107 Pioneer Trail Graham, NC 27253 B33581 - P130 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 Mecklenburg 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 standard(s) remains on the site in the area identified in Figure 1, Attachment A. No soil shall be excavated or disturbed within 3 feet of the area identified in Figure I 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 January 15, 2013 Page 2 of 4 B33581 - P131 IN WITNESS WHEREOF, Matthew R. Moodie and wife, Tina C. Moodie has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 301h day of May , 2019. Matthew R. Moodie and wife, Tina C. Moodie (name po sibie p rty if nt is signing) By: (signature of responsible party, attorney or other agent if there is one) President. Cedar Rock Environmental, P. C. (Title of agent for responsible party if there is one) Signatory's name typed or printed: Robert A. Payne NORTH CAROLINA 4 (fi, MG. n & & COUNTY (Name of county in which acknowledgment was taken) I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: Robert A. Payne Date: /0 30 (Official Seal) JOSIAH D PAYNE NOTARY PUBLIC ALAMANCE COUNTY, N.C. My Commission Expires 10-22-2020. 5;� �- tl-r signature of Notary Public) printed or typed name of otary Public) Notary Public My commission expires: DPI: zz. Zozo Revised January 15, 2013 Page 3 of 4 B33581 - P132 for the pur o10A^_ of N.C.G.S. 143B-279.11 f,-Iq � (s)nature of Regional 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: Ronald H. Taraban, Ph.D. (full printed name of Regional Supervisor) Date: il (Official Seal) Sherian R. Black Notary Public ���.��Q,�PN R• eVq'%0 Notary Public Number 20041820022 &J6 ,OpTA&y 0 MY COMMISSION EXPIRES1G B ocs ?. F C otl My commission expires: July 12, 2019 ATTACHMENT A N NOTE: This map may not be a certified survey and has not been reviewed by a local government agency for compliance with any applicable land development regulations and has not been reviewed for compliance with recording requirements for plats. / - Community Apartments Corp Mark Kirkpatrick - of Metrolina #6 Property Property House T1 d a / - 0 20 40 80 1 Inch = 40 Feet PROJECT: Matthew Moodie Property INCIDENT # Pending LOCATION: 4217 Walker Road Charlotte, Mecklenburg Co. CRE PROJECT NUMBER: 269422590 Dianne Blanke Property RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) — - : Property Lines IN CEDAR ROCK ENVIRONMENTAL, P.C. FILENAME: 2694NoRP.fc7 VERSION DATE: 5/29/19 T1 = 270-Gallon UST FIGURE 1 Beverly, Trudy From: Beverly, Trudy Sent: Thursday, June 13, 2019 1:57 PM To: Josiah Payne Subject: RE: [External] NRPs Received. Thank you, Trudy DE NQR1H CAFiC)l INA �\\\�\\ Department of Environmental Dual Tr* Bad. L.S. W idwWaff ffilu QUAY UT Sadim Mommik Rapigad Ofte P`0 711-31$3 frx%ml Email correspondence to and from this address is subiect to the North Carolina Public Records Law and may be disclosed to third parties. From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Thursday, June 13, 2019 1:50 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] NRPs • External email. Do not click links or open attachments unless you verify. Send all suspicious email as an at nt to.report.spam@nc.gov Good afternoon, Trudy. I have attached the filed copies of the following NRPs: 1. Incident 40905 - Harborne Homes LLC Property 2. Incident 40906 - Matthew Moodie Property 3. Incident 40910 -Deborah Graham Property Let me know if you have any questions. Thanks! Josiah Payne Cedar Rock ENVIRONMENTAL