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
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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