HomeMy WebLinkAboutMO-9473_40915_C_NRP_20190802_Filed Notice of Residual PetroleumFOR REGISTRATION
Fredrick Smith
REGISTER OF DEEDS
Mecklenbur2 County NC
2019 AUG 0 12:12:99 pM
SK:33727 PG:358-363
FEE:.00
INSTRUMENT$#262019099517
JACKSED
III 1111111111111111111111111111111111111111111111
2019099517
7609 Linda Lakes Drive, Charlotte Mecklenburg County, North Carolina
(stle 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 14311-279.11. The North
Carolina Department of Environment Quality shall hereinafter be referred to as "DEQ".
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-279.1 I 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 - Mecklenburg Register of
(name qfcouno�)
Deeds' office Book Page and has been/shall be incorporated into the Notice by this reference.
Source ProU2Ly
Lifespan Incorporated of Charlotte, North Carolina is the owner in fee
(owners name) (city & slate ofhomecivner)
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:
-ff\i-. Ken FC,_q"0_V, NCJ,4vt4-
L�lt SizQ
A-oaf A
Revised February 7..2019
For protection of public health and the environment, the following land use restrictions required'.,
by N.C.G.S. Section 14313-279.9(b) shall apply to*all of the above -described real property. These
restrictions shall continue iireffect 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, LANID USE`1�5�' -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 ExhibitB.except to rerriediate 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:
ENF®RCVMENT
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) riay 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 totlie same violation or as to one occurring
prior or subsequent thereto.
IN WITNESS WHEREOF, Lifesnan Incorporated has caused this Notice to be executed pursuant
to N.C.G.S.:-Sections 14313-279.9 and 14313-279.11-, this dayof 120_
Lifespaft'InCr6rrlorated
of re o ' party ' e is signing)
By:
tur f re ongib a party, 6A ney or ther agent if thereis one)
President "
(title of agent for responsible party if there is one)
Signatory's name typed orprinted: Kenneth Fuquay
Revised February 7, 20I9
2
�Oaff C ROLINA
COUNTY
(Name of county in which acknowledgment was taken)
C'k..
Y�rr�,,._�Z i�„n, a Notary Public for said County and State, do hereby certify that
Kenneth Fuguay personally came before me this day and acknowledged that he is
of &9WL#CWitcknowledged, on behalf of Lifespan Incorporated , the grantor the due execution of
�gl�l�yr�
®ej 0.00 .
SS my hand and W icialseal, this the dayof ` , 2019.
ptarj,
(QfficiaF t%G Agnatur of Notary Public
®� CA (
®®®�� , A A%� — `' (printed or typed name of Notary Public)
Ott aNotary Public
�� • ' .... :.
&� ry f.��� My commission
expires. ,90
Approved for the purposes of N.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 of Regional Supervisor)
Date:
(Official Seal) (signature of Notary Public)
expires:
printed or typed name of Notary Public)
Notary Public
My commission
Revised February 7, 2019
3
Approved for the purposes of N.C.O.S. 143B-279.11
r
l
(Signature of Regional Supervisor)
Ronald.H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
I certify that the following person personally appeared before me this day, each
Acknowledging to that he signed the foregoing document:
Ronald H. Taraban _(full printed name of Regional Supervisor)
Dat
( mcial Sea()
dot®91i1iSl®p®'®
4��•�,a1o►d,O5o'
so 9Ne
r �; atior 9 m U'
®®®ems `e•COU�` ®d®®®®
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d�...
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024
W =_
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 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
reap, 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 reap thereof, thence with the westerly tine of the said Lot
23, N 48-05.05 E 36.22 feet to an iron, the southeasterly comer 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 trap, all as shown on survey by Jeff S. Hladun, NCRLS,
dated May 3, 1999,
N
[WA 01 1A IS
REFERENCES: SCALE:1:240
1. 2019AERIAL IMAGERYAND 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
'EnB�neenng & Em�ronmanul.5alutions
NORP EXHIBIT B
SITE MAP
LINDA LAKE DRIVE UST
7609 LINDA LAKE DRIVE
CHARLOTTE, NORTH CAROLINA
0 25 50
Em Feet
DRAWN
BY. v
JUNE 2019 _
DRAFT JLS
JOB NO:
CHECK:
H1378.00 Task 10000
ENG.
GIS NO:
CHECK: PRK
05G-H1378.D0-03
APPROVAL: GDI
FIG NO: 1
Beverly, Trudy
From: Beverly, Trudy
Sent: Monday, August 5, 2019 6:28 AM
To: Patrick Kelly; Kenneth Fuquay
Cc: Greg Icenhour
Subject: RE: [External] Recorded NORP
Thank you for the update.
Trudy
DE
NnFiTt,::ar;ouNn
Uegartment of Environmental Quality
TIC Bonwly. L.G.
W idwWaff fflu
QMft
L''ST Sedio4 Mamntle R&Owd Ofte
Min 211-31$3 (Mml
Errmil correspondence to arxi from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-mana,gement/ust/ast-
program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mane eg ment- imps
File Review Procedures:
htip s : Hdeg. ne.,gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hILtps://edocs.deq.nc.gov/\VasteManagement/Search.asp
Document Submittal & UST File Names for Lasenfiche Policies:
httDs:Hfiles.nc. eov/ncdea/Waste%2OManaizement/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal
%20Memo%2OUpdate.pdf
httDs:Hfiles.nc. eov/ncdea/Waste%2OManaizement/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLas
erfir.he tinr.x
From: Patrick Kelly [mailto:PKelly@maaonline.com]
Sent: Friday, August 2, 2019 4:37 PM
To: Kenneth Fuquay <kfuquay@lifespanservices.org>
Cc: Greg Icenhour <Glcenhour@maaonline.com>; Beverly, Trudy <trudy.beverly@ncdenr.gov>
Subject: [External] Recorded NORP
toe rnal email. Do not click links or open attachments unless you verify. Send all suspicious email as an _
Wchment report.spam@nc.gov
Ken,
Attached is a scan of the recorded NORP, you should receive a hard copy from the register of deeds in the mail.
Public notification letters went out in the mail today.
Sincerely,
Miti
ean
...IY„—Niif 4f_ E 1141e"ffi 4muF 381. d pni
Patrick R. Kelly, P.G.
Project Geologist
MID -ATLANTIC ASSOCIATES, INC.
1125 E. Morehead Street, Suite 104, Charlotte, NC 28204
980-585-1271 Office
704-560-0645 Mobile
www.MAAONLINE.com I Outstanding Service Since 1993
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.
From: scanner@midatlanticassoc.com [mailto:scanner@midatlanticassoc.com]
Sent: Friday, August 02, 2019 3:00 PM
To: Patrick Kelly <PKelly@maaonline.com>
Subject: Scan from copier
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