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HomeMy WebLinkAboutMO-9562_40993_G_C_20200225_Draft Notice of Residual Petroleum for UST ReviewNOTICE OF RESIDUAL PETROLEUM Deborah McRae 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 _Mecklenburg Register of (name of county) Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Deborah Ann McRae of Charlotte North Carolina (Chvner's name) (city & state of homeoivner) 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 all of Lot 10 in Block 41 of the Subdivision known as CHANTILLY, as same is shown on map thereof recorded in the Mecklenburg Public Registry in Map Book 230 at Page 248 & 249, reference to said map being hereby made for a more particular description. (Excerpted from Mecklenburg County Register of Deeds Book 5118, Page 629). Return to: Cedar Rock Environmental, P. C. Revised January 15, 2013 107 Pioneer Trail Page 1 of 4 Graham, NC 27253 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 standards) 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 IN WITNESS WHEREOF, Deborah Ann McRae has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 24" day of February , 2020. Deborah Ann McRae a of respa .sible puagent is signing) Y• B (signature of responsible party, attori • 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 Al ayKanLe 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: IQ r%. & r-, LL1. ,Zy ?.g (Official Seal) JOSIAH D PAYNE NOTARY PUBLIC ALAMANCE COUNTY, N.C. My Commialon Expires 10-22-2020. signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: L%4. ZZ/ 20Zb Revised January 15, 2013 Page 3 of 4 Approved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) Regional Supervisor (printed name of Regional Supervisor) Mooresville 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 ofRegional Supervisor) Date: (Official Seal) (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: Revised January 15, 2013 Page 4 of 4 ATTACHMENT A N 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. Stephanie Lowman Property \ �d 1 House I • � I James Martin ` Property 0 20 40 80 1 Inch = 40 Feet Vasso NC Properties LLC Property RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) Property Lines T1 = 575-Gallon UST PROJECT: Deborah McRae Property _ CEDAR ROCK INCIDENT# Pending ENVIRONMENTAL, P.C. LOCATION: 2136 Bay Street FIGURE �11 1 Charlotte, Mecklenburg Co. FILENAME: 2878NoRP.fc7 CRE PROJECT NUMBER: 287822590 VERSION DATE: 2/24/2020