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HomeMy WebLinkAboutMO-9445_40899_C_NRP_20190530_Filed Notice of Residual PetroleumB33547 - P448 FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburg County NC 2019 MAY 30 03:21:63 PM BK:33547 PG:448-452 FEE:$26.00 INSTRUMENT # 2019065822 JONESAW 2019065822 NOTICE OF RESIDUAL PETROLEUM Stephanie Henn 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 of county) 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 Stephanie Henn 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 11 in Block 17 of a portion of MADISON PARK, as shown on a map recorded in Map Book 1698 at Page 485 in the Mecklenburg County Public Registry. (Excerpted from Mecklenburg County Register of Deeds Book 32274, Page 890). Return to: Revised January 15, 2013 Cedar Rock Environmental, P. C. Page 1 of 4 107 Pioneer Trail Graham, NC 27253 B33547 - P449 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 1333547 - P450 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. IN WITNESS WHEREOF, Stephanie Henn has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 2& day of February , 2019. Stephanie Henn e of responsible par if agent is signing) By: (signature ofresponsible party, attorney or other agent ifthere is one) President, Cedar Rock Environmental, P. C. (Title ofagent for responsible party if there is one) Signatory's name typed or printed: Robert A. Payne NORTH CAROLINA .4ia.MC,AC-f, COUNTY (Name ofcounty 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: f—e j Z6, 201 ci (Official Seal) JOSIAH D PAYNE NOTARY PUBLIC ALAMANCE COUNTY, N.C. My Commission Expires 10-22-2020. �gnature of Notary Public) J �cain D. PO -.'A -- (printed printed or typed name ofN tary Public) Notary Public My commission expires: 2Z4 -U?a Revised January 15, 2013 Page 3 of 4 11333547 - P451 p�ovgd for the purposes of N.C.G.S. 143B-279.11 (signature of kegional 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 —14�edie II 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: UV 9) 20tq 0 (Official Seal) gv� - Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2019 1333547 - P452 ATTACHMENT A 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. Philip Render Property (House T1 Mitchell Abbott \ Property / Gunter Lamar Property RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) 0 20 40 80 — - Property Lines 1 Inch = 40 Feet ____� T1 = 560-Gallon UST PROJECT: Stephanie Henn Property CEDAR ROCK INCIDENT# Pending ENVIRONMENTAL, P.C. FIGURE 1 LOCATION: 5124 Wedgewood Drive Charlotte, Mecklenburg Co. FILENAME: 2616NoRP.fc7 CRE PROJECT NUMBER: 261622590 VERSION DATE: 1/25/19 Beverly, Trudy From: Damien Callaghan <damienkc@bellsouth.net> Sent: Monday, July 15, 2019 2:40 PM To: Beverly, Trudy Subject: Re: [External] Public Notice Receipts for Incident #40899, Stephanie Henn Attachments: 2616-nrp.pdf External email. Do not click links or open attachments unless you verify. attachment to report.spam@nc.gov Hi Trudy Copy of filed NRP attached. Damien Callaghan On 7/15/19 1:22 PM, Beverly, Trudy wrote: Good Afternoon Damien, I have not received a copy of the filed notice of residual petroleum for this site.?? Has the notice been filed with the Mecklenburg County Register of Deeds? Thanks, Trudy