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HomeMy WebLinkAboutMO-9473_40915_G_C_20190712_More NRP Email DiscussionBeverly, Trudy From: Beverly, Trudy Sent: Friday, July 12, 2019 9:40 AM To: Greg Icenhour Subject: RE: [External] 7609 Linda Lake NORP Attachments: 2019-07-11 Final NORP for DEQ Review - Comments to Change.pdf G reg, There are a couple of changes to the map statement that need to be changed (see attached). When you have these changes made, send the original signed and notarized NORP to our office for review by me and signature by the Regional Supervisor. At that time, I will issue the conditional no further action letter and the UST signed original NORP will be include for filing with the Mecklenburg County Register of Deeds. The conditional No Further Action letter will direct you to file the UST signed original Notice of Residual Petroleum with Mecklenburg County and conduct public notice. Once copies of the filed Notice of Residual Petroleum and public notice documentation are received, I will issue a No Further Action letter to close the site. Trudy From: Greg Icenhour [mailto:Glcenhour@maaonline.com] Sent: Friday, July 12, 2019 9:02 AM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] 7609 Linda Lake NORP External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Trudy — here is the revised NORP. With best regards, Greg D. Icenhour, P.G., MBA Vice President/Charlotte Branch Manager MID -ATLANTIC ASSOCIATES, INC. 1125 E. Morehead Street, Suite 104 Charlotte, NC 28204-2849 (980) 585-1271— Phone (980) 585-1272 — Fax (704) 604-5201— Mobile Corporate Office: 409 Rogers View Court Raleigh, NC 27610 Office: (919) 250-9918 Facsimile: (919) 250-9950 Outstanding service since 1993 http://www.maaonline.com Confidentiality Notice: The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its contents (including any attachments) may contain confidential and/or privileged information. If you are not an intended recipient you must not use, disclose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and delete and destroy the message. NOTICE OF RESIDUAL PETROLEUM 7609 Linda Lakes Drive, Charlotte 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 Environment Quality (or its successor in function), as authorized by N.C.G.S. Section 14313-279.9 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 Register of Deeds' office Book , Page (name of county) Any map or plat required by DEQ has been/shall be recorded at the _N/A Register of (name ofcounty) Deeds' office Book N/A, Page N/A, and has been/shall be incorporated into the Notice by this reference. Source Property_ Lifespan Incorporated of Charlotte, North Carolina is the owner in fee (owner's name) (city & state of homeowner) 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 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 Exhibit B. No soil shall be excavated or disturbed within 3 feet of the area identified in Exhibit B 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 park 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, Lifespan Incorporated has caused this Notice to be executed pursuant to N.C.G.S..Sections 143E-279.9 and 143B-279.11, this day of , 20 Lifespan Incorporated (name of responsible party if agent is signing) By: (signature of responsible party, attorney or other agent if there is one) President (title of agent for responsible party if there is one) Signatory's name typed or printed: : Kenneth Fuqua Revised February 7, 2019 2 NORTH CAROLINA COUNTY (Name of county in which acknowledgment was taken) 1, , a Notary Public for said County and State, do hereby certify that Kenneth FyAM personally came before me this day and acknowledged that he is of President and acknowledged, on behalf of Lifesnan Incorporated , the grantor the due execution of the foregoing instrument: WITNESS my hand and official seal, this the day of 52019. (Official Seal) (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: Approved for the purposes ofN.C.G.S. 143B-279.11 (signature of Regional Supervisor) Regional Supervisor (printed name of Regional Supervisor) Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA COUNTY (Name of county in which acknowledgment 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: (full printed name o Re oval f gr Supervisor) Date: (Official Seal) . (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: Revised February 7, 2019 3 EXHIBIT A BEGINNING at an existing iron pipe on the southerly right-of-way margin of Linda Lake Drive (R/W — 60'), which pipe is also situated on the common boundary between Lots 29 and 30 in Block L of Grove Park as shown on map thereof recorded in Map Book 7 at Page 387 of the Mecklenburg Public Registry; thence proceeding from the Beginning Point with the boundary between the aforesaid Lots 29 and 30 S 20-00-00 E 205.59 feet to an existing iron rebar, the northeasterly comer of Lot 20 in Block L of Grove Park as shown on the aforesaid map; thence with the northerly boundary of the said Lot 20, S 70-17-27 W 50.08 feet to an iron; the northwesterly corner of the said Lot 20; thence S 88-04-34 W 87.93 feet to an iron on the westerly line of Lot 23 in Block L of Grove Park as shown on the aforesaid map thereof, thence with the westerly line of the said Lot 23, N 48-05-05 E 36.22 feet to an iron, the southeasterly corner of Lot 24 in Block L of Grove Park as shown on the aforesaid map; thence with the easterly boundary of the said Lot 24 and continuing with the easterly boundary of Lots 25, 26, and 27 in Block L of Grove Park as shown on the aforesaid map, N 19-58-38 W 164.92 feet to an iron on the southerly right-of-way margin of Linda Lake Drive; thence with the southerly right-of-way margin of Linda Lake Drive, N 70-13-23 E 100,01 feet to an iron, the point and place of BEGINNING, and containing .461 acres and being all of Lots 28 and 29 and part of Lots 21 and 22 in Block L of Grove Park as shown on the aforesaid map, all as shown on survey by Jeff S. Hladun, NCRLS, dated May 3, 1999. EXHIBIT B Y ti REFERENCES: 1. 2019 AERIAL IMAGERY AND COUNTY DATA FROM MECKLENBURG COUNTY GIS. 2. MID -ATLANTIC FIELD NOTES. NOTES: - ALL LOCATIONS ARE APPROXIMATE; - THE AREAS OF CONTAMINATION DEPICTED ON THE MAP ARE APPROXIMATIONS DERIVED FROM THEBEST AVAILABLE INFORMATION AT THE TIME OF FILING. Mid Atlantic Engineering & Environmental Solutions 4 4 I 1 r NORP EXHIBIT B SITE MAP LINDA LAKE DRIVE UST 7609 LINDA LAKE DRIVE CHARLOTTE, NORTH CAROLINA SCALE:1.240 0 25 50 Feet DRAWN DATE: BY: ` ` JUNE 2019 DRAFT JLS JOB NO: CHECK: H1378.00 Task 10000 ENG. GIS NO: CHECK: PRK 05G-H1378.00-03 APPROVAL: GDI I FIG NO: 1