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
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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.
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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:
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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
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