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HomeMy WebLinkAboutMO-9499_40935_C_NRP_20190917_Filed Notice of Residual Petroleum, Incident # ChangeB33854 - P561 FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburg County NC 2019 SEP 17 01:01:,1 PM BK:33854 PG:561-566 FEE:$26.00 INSTRUMENT # 2019122807 PHETSL III I 11111111111111111111 Returned to customer NOTICE OF RESIDUAL PETROLEUM Sue Friday 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 Sue M. Friday 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: See Attachment A (excerpted from Mecklenburg County Register of Deeds Book 23775, Page 316). Return to: Cedar Rock Environmental, P. C. Revised January 15, 2013 107 Pioneer Trail Page 1 of 4 Graham, NC 27253 B33854 - P562 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 B. No soil shall be excavated or disturbed within 3 feet of the area identified in Figure I Attachment 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 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 restrictions) 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 B33854 - P563 IN WITNESS WHEREOF, Sue M. Friday— has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 14313-279.11, this 16'h day of September , 2019. Sue M. Fn'da (na responsible party if en ning) 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 /.1QNAnL.e— 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: Se -4-tmh�r 10Ia (Official Seal) JOSIAH D PAYNE NOTARY PUBLIC ALAMANCE COUNTY, N.C. My Commission Expires 10-22-2020. (signature of NotaryPubl c) :OStG , (7- 21afrie, printed or typed name of Notary Public) Notary Public My commission expires:- LZ, zow Revised Tanuary 15, 2013 Page 3 of 4 B33854 - P564 Approved for the purposes of N.C.G.S. 143B-279.11 (Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA :Fyme' L 1 COUNTY 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) Date: I4-Aft -I (Official Seal) Ob�o�%NN R --Z 44VA0TAR1L� 0'- MY COMM MON EXPIRES, iYJa Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 B33854 - P565 ATTACHMENT BEGINNING at an iron in the line of the V. M. Stine, W. M. Farmer, and Duke Power Company property, said iron marking the southwest corner of the tract of land conveyed to W. M. Farmer and wife, Martha B. Farmer by deed recorded in the Mecklenburg Public Registry in Book 1761 at Page 9, and runningthence with two lines of the Duke Power Company property as follows: (1) North 20-30 East 1149 feet to an iron; (2) North 15-58 East 474 feet to an iron; thence South 41-37 East, in greater part with the line of the road known as Dixie Drive, 568 feet to an iron; thence with the southerly line of Dixie Drive in three courses as follows: (1) South 79-37 East 225 feet; (2) North 88-23 East 197.8feet to an iron; (3) South 73-00 East 61.2 feet to an iron, the northwest corner of the 1.78 acre tract of land conveyed by C. W. Mundy, Jr. and wife, Elizabeth J. Mundy, to John R. Rozzell and wife, Julia M. Rozzell; thence with four lines of the Rozzell property: (1) South 37-35 West 268.8 feet to an iron; (2) South 31-58 West 121.5 feet to an iron; (3) North 88-35 East 299.1 feet to an iron; (4) North 45-31 East 210.95 feet to an iron in the southwest side of Dixie Drive, thence with said line of Dixie Drive, South 51-43 East 50 feet to an iron; thence South 36-30 West 200.8 feet to an iron in the line of the Mattie Grier property (now or formerly); thence with the Grier line, South 29-30 East 165 feet to an iron in the line of the Wolfe property (now or formerly); thence with two lines of the Wolfe property as follows: (1) South 57-00 West 427 feet to a hickory; (2) South 50-30 West crossing a branch, 342 feet to a maple on a bluff, a corner of the V.M. Stine property (now or formerly), thence with two lines of the Stine property as follows: (1) South 68-00 West 612 feet to an iron; (2) North 76-00 West 422 feet to the point or place of beginning, containing 30.59 acres, as shown on survey of J. G. Spratt, dated May 14, 1956, to which survey reference is hereby made, together with the right in common with others to the use of the road known as Dixie Drive leading away from this property into the Mount Olive Road. BEING the same property as conveyed by deed in deed Book 4213, Page 264, Mecklenburg County Registry, to which reference is hereby made for a more complete description. ;"VI-M= ATTACHMENT B Marke Hanson / Baker Property NOTE: N 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. / Dixie Drive Crescent Communities II- LLC Property —� Joerg ►`� _ / Baeumner Property /� ' Julia / \ - Wood Property \ Sandra McGinty / `\\ Property 1 i 1 House i Seven Oaks / ` \ Partners LLC / / Property T1 � RESTRICTED AREA (estimated 1 inch = 40 feet extent of soil contamination exceeding applicable cleanup standards.) — - Property Lines 0 125 250 500 T1 = 515-Gallon UST 1 Inch = 250 Feet PROJECT: Sue Friday Property CEDAR ROCK INCIDENT # Pending ENVIRONMENTAL, P.C. FIGURE 1 LOCATION: 8700 Dixie Drive Charlotte, Mecklenburg Co. FILENAME: 2739NoRP.fc7 VERSION DATE: 9/16/19 CRE PROJECT NUMBER: 273922590 Beverly, Trudy From: Josiah Payne <josiah.cre@gmail.com> Sent: Wednesday, September 18, 2019 9:20 AM To: Beverly, Trudy Subject: RE: [External] 8700 Dixie Drive, Charlotte ernal email. Do not click links or open attachments unless you verify. Send all suspicious email as an tachment to report.spam@nc.gov Ok, will update it on our end. Thanks! Josiah Payne Cedar Rock Environmental, P. C. (336) 684-3836 On September 18, 2019 08:09:04 "Beverly, Trudy" <trudy.beverly@ncdenr.gov> wrote: Received. The UST database was experiencing some difficulties yesterday and assigning duplicate incident numbers. The Sue Friday Property site lost the incident number battle with another site. It's incident number has been reassigned to #40935. Hopefully, the database issue has been resolved. Trudy From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Tuesday, September 17, 2019 9:41 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: Re: [External] 8700 Dixie Drive, Charlotte W. External email. Do not click links or open attachments unless you verify. Send all suspicious email as an achment to report.spam@nc.gov Trudy, I have attached a copy of the filed NRP for the Sue Friday property (incident #40934). Thank you again for meeting with us this morning to get the NRP signed and for writing the CNFA so quickly! Hope you have a great day. Josiah Payne Cedar Rock ENVIRONMENTAL On Tue, Sep 17, 2019 at 9:57 AM Beverly, Trudy <trudy.beverly@ncdenr.gov> wrote: Good Morning Josiah, I reviewed the documentation and all looks good as long as you have Ms. Friday's and Bob's signatures on the NRP. Ron, Sherry, and I will all be available from 1:00pm through 3:30pm this afternoon. Does that work for you? Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.BeverlyC&ncdenr. gov Email correspondence to and 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: hops://deq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: blWs:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-datalwaste-mana eg ment ig s=mans File Review Procedures: hitps:Hdeg.ne. gov/about/divisions/waste-managementlustlfile-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): htips://edocs.deq.nc.gov/WasteManagement/Search.aslx Document Submittal & UST File Names for Laserfiche Policies: https://files.nc. gov/ncdeq/Waste%2OManagement/D WMIUST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf hns://flles.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx -----Original Message ----- From: Josiah Payne [mailto:josiah.cregamail.com] Sent: Tuesday, September 17, 2019 9:19 AM To: Beverly, Trudy <trudy.beverlygncdenr.gov> Subject: [External] 8700 Dixie Drive, Charlotte CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report. spam@nc. gov<mailto:report. spam@nc.gov> Good morning Trudy, We have an NRP that needs to be signed for this property. We spoke to Ron about it and he said to make sure you have looked over everything first. I have attached the UST-61 form, our inspection report, and the NRP (word document of main NRP, attachment A, and a separate pdf of the figure). We would like to stop by your office this afternoon to get it signed. Would you mind taking a look at everything? Thanks! Josiah Payne Cedar Rock Environmental, P. C. (336) 684-3836