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Home My WebLink AboutMO-9551_40983_G_C_20200505_Draft Notice of Residual Petroleum for UST Reviewhart hickman SMARTER ENVIRONMENTAL SOLUTIONS Via Email and FedEx w�. May 5, 2020 NC Department of Environmental Quality Mooresville Regional Office UST Section 610 E. Center Avenue, Suite 301 Mooresville, NC 28115 Attn: Ms. Trudy Beverly, LG Re: Notice of Residual Petroleum Area 15 Retail Property Incident No. 40983 510-516 E. 15t' Street, 1 l38 N. Caldwell Street Charlotte, North Carolina H&H Job No. CCR-003 Dear Trudy: MAY 0 8 2020 On behalf of CCRP Area 15, LLC, please find the enclosed Notice of Residual Petroleum associated with the above referenced site (UST Section Incident No. 40983) for DEQ approval. We are prepared to complete public notice requirements upon receipt of the Conditional Notice of No Further Action. If you have any questions, please do not hesitate to contact me. Sincerely, Hart & Hickman, PC pa��— Bo Cappleman, PG Due Diligence Manager cc: Mr. Todd Harrison, CCRP Area 15, LLC (via email) Mr. Joe McLean, CCRP Area 15, LLC (via email) Enclosure 2923 South Tryon Street, Suite 100 3921 Sunset Ridge Rd, Suite 301 Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com 704.586.0007 main 919.847A241 main NOTICE OF RESIDUAL PETROLEUM Area 15 Retail 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 Environment Quality (or its successor in function), as authorized by N.C.G.S. Section 14313-279.9 and 14313-279.11. 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 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 County Register of Deeds' office Book , Page (name of county) Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg County (name of county) Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property CCRP Area 15 LLC of Charlotte, Charlotte, North Carolina is the owner in fee (owner's name) (city & state of homeowner) 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: Revised February 7, 2019 Parcel Identification Number: 081-065-05 Being that certain parcel of land lying and being in the City of Charlotte, Mecklenburg County, North Carolina, and being more particularly described as follows: BEGINNING at a 1 /2" new iron rod located on the southern margin of the right-of-way of North Caldwell Street(a 40 ft public right-of-way), said point also being located at the northeast corner of the Thomas R. & Carroll E. Hunter Property as described in Deed Book 7782, Page 545; thence along the southern margin of North Caldwell Street N48°42'43"E a distance of 150.00 feet to a 1" existing iron pipe located on the southern margin of the right-of-way of East 15th Street(a 40 ft public right-of-way); thence along the southern margin of East 15th Street S41 °28'49"E a distance of 236.48 feet to a 5/8" existing iron pipe located at the northern corner of the 15th Street Properties, Inc. Property as described in Deed Book 19946, Page 223; thence with the aforesaid 15th Street Properties, Inc. Property S49°17'11"W a distance of 148.63 feet to a 1/2" new iron rod located at a northeast corner of the aforesaid Hunter Property; thence with the aforesaid Hunter Property N41049'03"W a distance of 235.00 feet to the point and place of BEGINNING. Having an area of 35,180 square feet (0.8076 acres) according to a survey by R.B. Pharr & Associates, P.A. dated November 14, 2019. Job No. 90767. Additional Affected Property Also Subject to Restrictions Not applicable of is the owner in fee simple of a portion of (owner's name) (city & state of owner) the Site, which is located in the County of State of North Carolina. Petroleum contamination is located on this property at the time this Notice is approved. This property was also owned or controlled by the underground storage tank owner or operator or another party responsible for the petroleum discharge or release at the time the discharge or release was discovered or reported, or at any time thereafter. This property is known and legally described as: Not Applicable Additional Affected Property Not Subject to Restrictions Additionally residual petroleum is also located on the following property. The following property is not subject to land use restrictions pursuant to N.C.G.S. Section 143B-279.9(b). The following property is known and legally described as: Not Applicable Revised February 7. 2019 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. IN WITNESS WHEREOF, oWt4ER has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 143B-279.11, this 57khday of MAY 20olD (name rbfeparty if, g t is.signing) By: (signature responsible party, attor y or other agent if there is one) (title of agent for responsible pok if there is one) Signatory's name typed or printed: G %��4RR�-54sV Revised February 7, 2019 NORTH CAROLINA MECKLENBURG COUNTY (Name of county in which acknowledgment was taken) I, 3OS`0' 'UL--- SU , a Notary Public for said County and State, do hereby certify that Todd (7 lwtiso-' personally came before me this day and acknowledged that he is of otr and acknowledged, on behalf of CGRP h«« I5� 4+nL.L.G , the grantor the due execution of the foregoing instrument. WITNESS my hand and official seal, this the 4-ft. (Official Seal) .• 4S•• e Ash NOTY S�? m's AUSLIC+ =2 9 Approved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) (printed name of Regional Supervisor) Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA day of Mal 20 2y /Vyl c (sign gofNotaryPublic) Jose0h-- Regional Supervisor COUNTY (Name of county in which acknowledgment was taken) printed or typed name of Notary Public) Notary Public My commission expires: � up "A I' 11) Z° z� 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 of Regional supervisor) Date: (Official Seal) (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: Revised February 7, 2019 4 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. VICMTY MAP I /I/I NOT TO SCALE J -------------------------// D EL TREET 40' PUBLIC R/W (M.B. 1580, PG. 499) N48°4243 THOMAS R. HUNTER CARROLL E. HUNTER D.B. 07782, PG. 545 PIN: 081-065-07 $ N \ x N \ O \ I Fn A NOS MONUMENT oI NNCRRC ORIDENAD53(2071) N.544522.54 E-1453.3991.06 -4 j \ \ I 's \ skq G� o 1 o. 90 \F p993"p 9'S' \\ \ 1 I 1�2-EIR Y N49°58'1�t"E 289.327TIE) T10N AREA%;; #1138 #510-516 15TH STREET PROPERTIES, INC. D.B. 19946, PG. 219 PIN: 081-065-05 S49°17'11"W 148.63' N v 3Laa]Noo _� sisod Oarno d0 M A I J 15T4R'; � STREET PROPERTIES, INC. w D.B. 19946, PG. 223 / PIN: 081-065-04 / #1133 / S50°00'06"W 148.50' L--------- coo= N DAVIDSON STREET N:544,380.49 40' PUBLIC R/W E• 59.49 (M.B. 1580, PG. 499) — — — — — — — — — — — — — — — — — I (— — — — — — -- LEGEND: D.B. -DEED BOOK EIP - EXISTING IRONPIPE EIR - EXISTING IRONROD M.B. -MAP BOOK NC.G.S. -NORTH CAROLINA GEODETIC SURVEY NIR - NEW IRONROD NN - NEW NAIL PG. - PAGE RIW - RIGHT-OF-WAY GRAPHIC SCALE 60 0 30 60 ( IN FEET ) 1 inch = 60 ft. PROJECTBOUNDARY PROPERTYLINE (INTERIOR) RIGHT-OF-WAY