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HomeMy WebLinkAboutMO-9552_40984_C_NRP_20200225_Filed Notice of Residual PetroleumS.2- lq,6 SOU RECEIVED MAR 05 2020 MAPP, 19 2620 CERTIFIED COPY FREDRICK SMITH, REGISTER OF DEEDS MECKLENBURG COUNTY, NC 720 E. FOURTH STREET CHARLOTTE, NC 28202 (704)336-2443 State of North Carolina, County of Mecklenburg I hereby certify that this is a true and accurate copy of the document which appears on record in the Office of the Register of Deeds of Mecklenburg County, North Carolina as Instrument Number.-, =b b3 '(p in Book Number 6 ( Page Number (,�P/ and ending with Page Number Witness my hand and seal this the cq5-�' day of Y;n� r-Lt�ru , 20 `b. FREDRICK SMITH, REGISTER OF DEEDS By: Deputy Register of Deeds REGISTER ," THIS CERTIFICATION SHEET IS A PART OF THE DOCUMENT.{; �r' B34311 - P612 �WWRAMABN MAR 19 2020 NCDEQ BIRO UST NOTICE OF RESIDUAL PETROLEUM 5012 Churchill Drive, Charlotte, Mecklenburg County, North Carolina FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburgg County NC 2020 FEB 25 01:45:46 PM BK:3FEE1$26.002-616 INSTRUMENT # 2020026085 JONESAW 20In�26n�6�IVI'M���U�� 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 143B-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 14313-279.9 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 Michele J. Alexander & Alexander Family Irrevocable Trust of Charlotte, North Carolina 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: Geological Resources; 3502 Hayes Road Monroe,NC 28110 RCGIOiER Revised February 7, 201.9 B34311 - P613 BEING all of lot 2 in Block S of ALLEN HILLS as shown on map thereof recorded in Map Book 7, Page 333 in the Mecklenburg County Registry. Said property commonly known as 5012 Churchill Drive Charlotte, NC 28269; PIN # 045-213-02. 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 Mecklenburf; 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 of the closed inplace heating oil tank identified in Figure 1, Attachment A. No soil shall be excavated or disturbed within 3 feet of the closed heating oil tank 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. ,•���VI � q�iiiA�`�A� a1CK • REGISTER 1 w OF DEC s. Revised February %2019 2 B34311 - P614 IN WITNESS WHEREOF, 1 e .< < 4 A s caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this ;3 day of e u ►- , 20Wj. JJ//ff ( ��Cn eeoof)rr pon, We party if agent is signing) By: ----' (signature of responsible party, attorney or other agent if there is one) 4:tle of ent for responsible party if there is one) Signatory's name typed or printed: 411, 4e NORTH CAROLINA COUNTY (Name of county in i :ich acknowledgment was taken) I certify that the following person(s) personally a peared befor me this day, each acknowledging to me that he or she signed the foregoing document: -C - k)(Urkr Date: f eii 3rd Z040 (Official Sea]) (si�"at�ureofNotaryPubhc1 �111V�Y►le n dhz� h! printed or typed name of Notary Public) Notary Public My commission ",,..•••""""` expires: tz .. 3 d m14N,) wO�k1CK S4f f �EGI l p A DEEDS >� Revised Febru4;'?'2019 ' B34311 - P615 A oved for the purposes of N.C.G.S. 1438-279.11 (Si nature of R ional Supervlsor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROL.INA 11 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 ofReglonal Supervisor) Da q� 4, 202U (Officia/Sea/) Sherian R. Black Notary Public 0„0aumara, Notary Public Number 2004 8820022 ,iA R. e q-W apTgqP� My commission expires: My July 12, 2024 DOUMISSION EXPIRES _ , 1%00 l couk 1 ,%—$,irurr*r,a �pN\CK s,f'%l , REGISTER ;f�@ d • rC" { DEEDS B34311 - P616 0 0 1 5 I U I I I � I 1 o~ I 4 = m 1— � 1 1 U u I it 1 o 1 A h v ,µ%CK• so�l,�.. ,EGISTER OF DEEDS :,. £ ILI