MO-9351_40966_C_NRP_20200102_Filed Notice Of Residual Petroleum

B34176 - P769
FOR REGISTRATION
Fredrick Smith
REGISTER OF DEEDS
Mecklenburg County NC
2020 JAN 02 02:09:�a PM
BK:34176 PG:769-773
FEE:$26.00
INSTRUMENT # 2020000452
JONESAW
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NOTICE OF RESIDUAL PETROLEUM
Tim Collins Property. Mecklenburg County, North Carolina
2640 Shenandoah Ave, Charlotte, North Carolina, 28205
Mecklenburg County Register of Deeds, Book 30084, Pages 64-66
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 14313-279.11. 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 14311-279.9 and 14313-279.11, 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
Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg County
Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by
this reference.
Source Property
Tim Collins of 2633 Shenandoah Avenue, Charlotte, North Carolina 28205 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:
MAIL TO (after filing):
T.
Al 44a ki, ATC 6--r ,.<< r� U< 7i,O6 C4,-1,Zka(1 CxIPcr 411'-t 0•
jw;�tn Foa 4,3-4 -1�, IQ 2Y,t7 3
Revised February 7, 2019

B34176 - P770
Being all of Lot 11 andpart of Lot 12 in Block 32 of CHANTILLY, as same is shown on a map
thereof recorded in Map Book 230, Page 249 of the Mecklenburg County Public Registry, being
more particularly described as follows:
BEGINNING at an existing iron pipe in the southerly margin of the right-of-way of Shenandoah
Avenue, said point marking the common corner of Lots 10 and 11, and running thence with the
dividing line between said Lots 10 and 11, S 33-46-35 W 149.91 feet to an existing iron pipe in
the northerly margin of a 12.5 foot alleyway; thence with the said margin of said alleyway S 56-
09-17 E 59.94 feet to an existing iron pipe in the southerly margin of said Lot 12; thence N 33-47-
57 E 150.06 feet to a point in the southerly margin of the right-of-way of said Shenandoah
Avenue; thence with said right-of-way N 56-18 W 60.0 feet to an existing iron pipe, the point or
place of BEGINNING, all as shown on plat of survey dated May 10,1988, prepared by Richard
Boyd Brooks, Registered Surveyor.
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 1, 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 February 7, 2019

B34176 - P771
IN WITNESS WHEREOF, Tim Collins caused this Noti to be e c�}ted pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279. thi k2gf�r(ry� / 2019.
M
party, attorney or other agent if there is one)
(title of agent for responsible party if there is one)
Signatory's name typed or printed: `J)r I �1 /N► f
NORTH CAROLINA
Ale -4A-%� COUNTY
(Name of county in whici acknowledgment was taken)
I certify that the following person(s) personally appeared befa e me this day, each ac�owledg�g t� me� j
that he or she signed the foregoing document: i� ����� N° �flt '�i t_ va p ✓>h
Date:
(Official Seal) (signature of ota Public)
BA�A,'', � fir,. T- 6>4 �s7
�JN7 \1 • ' • • ; Y �i' printed or typed name of Notary Public)
a 'PAR), Notary Public
My commission
expires: / A(�8ocj ' 2;
C9 .
Revised February 7, 2019
3

B34176 - P772
A proved for the purposes of N.C.G.S. 143B-279.11
nature of Regional3upervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
�L ( 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)
(official Seal)
�Fl1AN q`"4
g NOT,�9e�y
l MY /
M `J 12 �AA
A
l GeLIG V'
UN 'T,
5aw-m) -
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024

B34176 - P773
Close-up of Excavation
Scale: 1 inch - 10 feet
1 Aerial Map Scale: 1 inch - 30 feet
All locations and distances are approximate,
N and are not based on a site survey. SOIL SAMPLING LOCATION
7606 Whitehall Executive Center
Drive, Suite 800
AA C
V kT Charlotte, North Carolina
Jff [phone]
SOURCE: Mecklenburg County POLARIS
FIGURE 1, ATTACHMENT A.
SAMPLE LOCATION MAP
Tim Collins Property, Incident # 40966
2640 Shenandoah Avenue
Charlotte, North Carolina 28205
ATC Project No. 199TCP1901

Beverly, Trudy
From: Al Quarles <[e-mail]>
Sent: Thursday, January 9, 2020 11:52 AM
To: Beverly, Trudy
Subject: [External] Tim Collins Property - Incident #40966 — Conditional No Further
Action
Attachments: 40966_TimColIinsProperty_Filed -NORP_2020-01-02.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an A
attachment to re ort.s am
Trudy,
See attached filed NORP from the Mecklenburg County Register of Deeds website. I received a scanned version
of the certified copy on 1/3/2020, from Brian Bain (the attorney with the Bankruptcy Trustee who filed the
NORP). The figure is very black and does not show the Area of Contamination. Can you give me a call to
discuss? I was thinking that his scanned version was the issue, but he also sent me the original Certified copy,
and it was the same. Then I visited the Register of Deeds website, and found the same issue.
Can you give me a call to discuss?
Thank you,
R
Al Quarles I SENIOR PROJECT MANAGER I ATC Group Services LLC
Office + 1 704 529 3200 1 Direct [phone] Mobile + 1 803 984 6764
ATC
7606 Whitehall Executive Center Drive Suite 800 1 Charlotte, NC 28273
[e-mail] I www.atcgroupservices.com
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