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