Loading...
HomeMy WebLinkAboutMO-9562_40993_C_NRP_20200302_Filed Notice of Residual PetroleumB34332 - P498 FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburg County NC 2020 MAR 02 12:41:d7 PM BK:34332 PG:498-502 FEE:$26.00 INSTRUMENT # 2020029603 PHETSL 2020029603 Returned to customer NOTICE 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-279.1 l 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 (Owner'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, 20t3 107 Pioneer Trail Page 1 of 4 Graham, NC 27253 B34332 - P499 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 I 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 1334332 - P500 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 241" day of February , 2020. Deborah Ann McRae 0L_771_= e par i agent is signing) / 1 By: (signature of responsible party, attorn , 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 Ai u ►%%a /l Le 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: (Official Seal) JOSIAH D PAYNE NOTARY PUBLIC ALAMANCE COUNTY, N.C. My Commission Expires 10-22-2020. signature of Notary Public) SoS 14. V. y,-c.. printed or typed name of Notary Public) Notary Public My commission expires: 0,4. Z2t Zpzb Revised January 15, 2013 Page 3 of 4 B34332 - P501 for the purposes of N.C.G.S. ta\ iureReg� al Supervisor) 143 B-279. l 1 egional Supervisor (printed name of Regional Supervisor) Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA 1 C' 4 f( 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: t2Qg,al d ( l�-r, bcn (full printed name of Regional Supervisor) Date: l=z�,^� ara -zT, Lo-w _ (Official Seal) (signature of Notary Pub ") JOSIAH D PAYNE NOTARY PUBLIC ALAMANCE COUNTY, N.C. my Commission Expires 10-22-2020. printed or typed name of Notary Public) Notary Public My commission expires: Oc,�, Zzi zozz Revised January 15, 2013 Page 4 of 4 B34332 - P502 ATTACHMENT A 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. Stephanie Lowman Property \ ea 1 / House James Martin \ ` Property 0 20 40 80 1 Inch = 40 Feet PROJECT: Deborah McRae Propene INCIDENT # Pending LOCATION: 2136 Bay Street Charlotte Mecklenburg Co. CRE PROJECT NUMBER: 287822590 Vasso NC Properties LLC Property M CEDAR ROCK ENVIRONMENTAL, P.C. FILENAME: 2878 N o RP.fc7 VERSION DATE: 2/24/2020 RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) Property Lines Ti = 575-Gallon UST -I FIGURE 1 Beverly, Trudy From: Beverly, Trudy Sent: Tuesday, March 3, 2020 1:08 PM To: Josiah Payne Subject: RE: [External] Re: McRae Property — Incident #40993 - Tank Closure Received. Thanks Josiah! Have a great day, Trudy From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Monday, March 2, 2020 8:34 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: Re: [External] Re: McRae Property — Incident #40993 - Tank Closure External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Hey Trudy, Please see the attached closure report and copy of the filed NRP. Hope you have a great rest of your week! Josiah Payne Cedar Rack ENVIRQNMENTAL On Fri, Feb 28, 2020 at 12:39 PM Beverly, Trudy <trudy.beverlykncdenr.gov> wrote: It's been such a wet winter. Please send me a copy of the tank closure report when it is available. Thanks for the update. Have a wonderful weekend, Trudy From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Friday, February 28, 2020 12:35 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] Re: McRae Property — Incident #40993 - Tank Closure 1 um"_ 'WIFxternal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to tport.spam@nc.gov Hi Trudy. No, tank closure has not been done yet. It is scheduled for Monday. Hopefully we don't get rained out. Josiah On February 28, 2020 11:44:07 "Beverly, Trudy" <trudy.beverlyna ncdenr.gov> wrote: Good Morning Bob and Josiah, Has tank closure been completed for the McRae Property located at 2136 Bay St., Charlotte, Mecklenburg County, North Carolina (Incident #40993)? Thanks, Trudy vewrimeeI o7 L rm;ronnmmM awmv 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.BeverlyAncdenr. 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: hgps:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: htt2s://deg.nc.gov/about/divisions/waste-management/waste-management-rules-datalwaste-mans eg ment- ig s=maps File Review Procedures: hitps:Hdeg.ne. gov/about/divisions/waste-management/ustlfile-review-procedures#mooresville-re gional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): htt2s:Hdeg.ne.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: httos://flles.nc. gov/ncdeq/Waste%20Management/D WM/UST/Corrective%20Action/Electronic%20Document%20Submittal%20Memo%20Update.pdf https: //files.nc. gov/ncdeq/Waste%20Management/D WMfUST/Corrective%20Action/UST%20file%20names%20for%20Laserfiche. docx