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HomeMy WebLinkAboutMO-9539_40971_C_NRP_20200114_Filed Notice of Residual PetroleumB34203 - P640 FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburg County NC 2020 JAN 14 02:54:93 PM BK:34203 PG:640-644 FEE:$26.00 INSTRUMENT # 2020006177 JONESAW I�VI1aMI���I�l11�f�ll NOTICE OF RESIDUAL PETROLEUM Norma Burton Property MecklenburgCounty, 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 14313-279.9 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 (name of county) Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg Register of (name of county) Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Norma S. Burton c/o Jeanne Gaffney, POA of Charlotte, North Carolina (Owner's name) (city & state ofhomeowner) 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 Lot 67 of ROBINSON WOODS as shown on map thereof which is recorded in Map Book 11, on page 157, in the Mecklenburg Public Registry. Being the same lot conveyed to the party of the first part by S and T Development Company by deed recorded in Book 2507, on page 422, in the Mecklenburg Public Registry, to which reference is hereby made. (Excerpted from Mecklenburg County Register of Deeds Book 2544, Page 58). Return to: Revised January 15, 2013 Cedar Rock Environmental, P. C. Page 1 of 4 107 Pioneer Trail Graham, NC 27253 B34203 - P641 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 January 15, 2013 Page 2 of 4 1334203 - P642 IN WITNESS WHEREOF, Norma S. Burton c/o Jeanne Gaffney, POA has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 13"' day of January , 2020. Norma S. Burton c/o Jeanne Gaffney, POA 27= B t is signing) Y (signature of responsible party, at rney 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 A(G.r� c�nc C_ 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: -Iank^- i 1-2 2r>Z0 (Official Seal) JOSIAH D PAYNE NOTARY PUBLIC y com�sm FCicpOirues io-22 N.C. 0 o. a 59�= - 46;?n`ature of Notary Public) printed or typed name of NotaryPublic) Notary Public My commission expires:oak L' zone Revised January 15, 2013 Page 3 of 4 1334203 - P643 Approved for the purposes ofN.C.G.S. 143B-279.11 (signature of Regional Supervisor) Gill `i'l�?D/ri rV-\ egional Supervisor (printed name of Regional Supervisor) Winston-Salem Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA I-,)r54. A COUNTY (Name of cou 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: Lec 14-rbAAJ- (full printed name of Regional Supervisor) Date: Jcnue-iy (�(, ZoZo (Official Sea]) JOSIAH D PAYNE NOTARY PUBLIC ALAMANCE COUNTY, N.C. My Commission Expires 10-22-2020. (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: l3 . z z Zo ao Revised January 15, 2013 Page 4 of 4 1334203 - P644 n 0 0 a� 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. 1 Keith Emery Property _ —� Craig Baldauf Property , Ronald Krisko Property House \ , Michael Allison Property T1 Douglas Ellison IProperty 0 20 40 80 iiiii 1 Inch = 40 Feet PROJECT: Nora Burton Property INCIDENT # Pending Lc O ct-4t LOCATION: 431 Canyon Trail Charlotte, Mecklenburg Co. CRE PROJECT NUMBER: 283722590 RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) — — : Property Lines T1 = 540-Gallon UST CEDAR ROCK ENVIRONMENTAL, P.C. FIGURE 1 FILENAME: VERSION DATE 2837NoRP.fc7 1/2/20 Beverly, Trudy From: Beverly, Trudy Sent: Monday, January 27, 2020 1:03 PM To: Bob Payne Subject: RE: [External] RE: Norma Burton Property - Incident #40971 Received. Thanks Bob. Have a great day, Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management ��DIEQ North Carolina Department of Environmental Quality rL�n[O ��" UST Section, Mooresville Regional Office LMW704.235.2182 (Office) Trudy. B everlykncdenn 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-manaaement/ust Branch's Above Ground Storage Tanks Website Address: ht!ps:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-proeram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://deo.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans File Review Procedures: https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hops: //deg.nc. gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https:Hfiles.nc. gov/ncdeg/Waste%20Management/D WM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf https:Hfiles.nc. gov/ncdeq/\Vaste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Bob Payne [mailto:cedarrockenv@gmail.com] Sent: Monday, January 27, 2020 12:54 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] RE: Norma Burton Property - Incident #40971 External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.Eov Hello Trudy. Please see attachment. Robert A. Payne, L. G. (cell) 336-684-2734 ,kCedar bock ,kEN IR NMENTi4L Jeremiah 9:23-24 From: Beverly, Trudy Sent: Monday, January 27, 2020 10:14 AM To: Bob Payne Subject: Norma Burton Property - Incident #40971 Good Morning Bob, Do you have the filed Notice of Residual Petroleum for Norma Burton Property located at 431 Canyon Trail, Charlotte, Mecklenburg County, North Carolina (Incident #40971)? 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.Beverlykncdenr. 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: https://deq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: hitps:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-prosram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://deo.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans File Review Procedures: https://deq. nc.gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): https://deq.nc.gov/about/divisions/wastc-mana�cmcnt'laserfiche Document Submittal & UST File Names for Laserfiche Policies: ht_pt s:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf https:Hfiles.nc. gov/ncdeq/Waste%2OManagement/D WMiUST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx