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HomeMy WebLinkAboutMO-6731_27502_C_NRP_20200608_Filed Notice of Residual PetroleumFILED CABARRUS COUNTY NC WAYNE NIXON REGISTER QF DEEDS FILED ,dun 08, 2020 AT 03:39 pm BOOK 14234 START PAGE 0240 END PAGE 0244 INSTRUMENT # 17353 EXCISE TAX $0.00 W11; NOTICE OF RESIDUAL PETROLEUM Former Servco No. 00311, Incident No. 27502, 24 North Church Street, Concord, Cabarrus County, North Carolina Current Property Owner's Deed Book 3191, Page No. 174. 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 14313-279.9 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 143E-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 143E-279.9 and 143B-279.11 and has/shall be recorded at the Cabarrus County Register of Deeds' office Book , Page Any map or plat required by DEQ has been/shall be recorded at the Cabarrus County Register of Deeds' office Book , Page _ , and has been/shall be incorporated into the Notice by this reference. Source Prop Service Distributing Co., Inc. of Albemarle, North Carolina is the owner in fee simple of all or a portion of the Site, which is located in the County of Cabarrus, State of North Carolina, and is known and legally described as: See Attachment A 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 retrains on the site in excess of unrestricted use standards and cannot be amended or cancelled unless and until the Cabarrus 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 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, Service Distributing Co., Inc. has caused this Notice tube executed rprsuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this day of , 2020. SERV LIM Title: Signatory's name typed or printed: STATE OF COUNTY I NotaryPublic for said County and State, do hereby certify, tha ( personally came before me this day and acknowledged tha e / is of Service Distributing Co., Inc. and acknowledged, on behalf of Service Distributing Co., Inc., the due execution of the foregoing instrument. WITNESS my hand and official seal, this the day of �.� 2020. (Official Seal) My commission expires F , 20,Q— Approved for the purposes of N.C.G.S. 143B-279.11 (Sjnature of Reyraaal Super wwr) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA ��:L--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 (f,,/lponted name offRepwal Super S00 (Ofa/al Sego W�..._ � a MAY EXPOS_ A68100 l Coo! Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: juiy 12 24 EXHIBIT A Being a parcel of land containing 0.49 acre, more or less, lying on the Northeast side of North Church Street and the Northwest side of Brumley Street in the City of Concord, Cabarrus County, North Carolina, and being more particularly described as follows: BEGINNING at a new nail at the point of intersection of the Northeasterly margin of the right-of-way of North Church Street [45 feet wide right-of-way] with the Northwesterly margin of the right-of-way of Brumley Street [30 feet wide right -of- way], said Beginning Point being located N. 14-38-52 W. 993.62 feet from Bench Mark N.C.G.S. Vertical Control Station " T 78" NGVD 29 Elev.=703.84 feet, and said Beginning Point being located S. 76-02-27 E. 72.09 feet from Bench Mark Bolt on FH Elev.=710.10 feet; thence from said Beginning Point with the Northeasterly margin of the right-of-way of North Church Street, N. 40-35-58 W.138.00 feet to a new iron spike, thence N. 49-09-00 E.154.40 feet to an existing iron rod; thence S. 40-30-00 E.130.30 feet to a new iron rod in the Northwesterly margin of the right-of-way of Brumley Street; thence with the Northwesterly margin of the right-of-way of Brumley Street S. 46-17-28 W.154.40 feet to the place of Beginning; subject to an existing 20 feet right-of-way [Deed Book 969, Page 3361 by survey of Rogell E. Hunsucker & Associates, Inc., dated May 27, 1999. Being a portion of the land conveyed to J.R. Helderman and wife, Willie Helderman, by deed of Citizens Bank and Trust Company and T. N. Spencer, Trustees, dated December 21,1939, recorded in the Cabarrus County Registry. For further reference see Will of Willie H. Helderman, Stanly County, North Carolina Clerk of Court File #00-E-276. J.R. Helderman predeceased Willie H. Helderman. Beverly, Trudy From: Beverly, Trudy Sent: Wednesday, July 15, 2020 6:38 AM To: Donna Farris Subject: RE: [External] Servco Concord Notice of Residual Petroleum - Servco 311 (Incident # 27502 Good Morning Donna, I did not receive a copy of the filed NORP. Thank you for sending a copy. I will get back with you about the report review by the end of the week. Have a great day, Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office I�r 704.235.2182 (Office) Trudy. B everlykncdenn 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: https:Hdeq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https://deg.nc.aov/about/divisions/waste-management/ust/ast-proeram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://dea.ne. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans File Review Procedures: https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hLtps://deg.nc.gov/about/divisions/waste-manaaement/laserfiche Document Submittal & UST File Names for Laserfiche Policies: httns:Hfiles.ne.izov/ncdea/Waste%2OMana2ement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.ndf https:Hfiles.nc.gov/ncdeq/Waste%20Management/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Donna Farris [mailto:dfarris@excelengr.com] Sent: Tuesday, July 14, 2020 12:00 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] Servco Concord Notice of Residual Petroleum — Servco 311 (Incident #27502 External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to lort.spam@nc.gov Hey, Trudy, I wanted to follow up to see if you received a certified copy of the filed NORP for the site. I am attaching a copy of the filed NORP that Servco sent us for our files. Also, please email a copy of any related letter following your review of the letter report dated 5/19/20 so that we know how to proceed. Thanks! Donna Farris Excel Civil & Environmental Associates, PLLC 625 Huntsman Court, Gastonia, NC 28054 Ph: 704-853-0800 Fax: 704-853-3949 www.excelenqr.com `Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information in this e-mail is confidential. It is intended solely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. When addressed to our clients, any opinions or advice contained in this e-mail are subject to the terms and conditions expressed in the governing ECEA client engagement letter. From: Beverly, Trudy[mailto:trudy.beverly@ncdenr.gov] Sent: Wednesday, May 27, 2020 3:31 PM To: Taraban, Ron <ron.taraban@ncdenr.gov> Cc: Donna Farris <dfarris@excelengr.com>; Black, Sherry <sherry.black@ncdenr.gov> Subject: RE: [External] FW: Servco Concord Notice of Residual Petroleum — Servco 311 (Incident #27502) Hey all, Sherry and I just spoke around 1:30pm today. I thought that today's mail had already arrived. I'm glad that I was wrong. Sherry just gave me a call back. She said that the mail had just arrived for today and the NRP was in it. Yay! Ron, please review and sign the next day you are in the office. Sherry, please scan a copy of the final UST reviewed NRP and email the scan to me when completed before mailing the hardcopy for filing. There should be a cover letter included with the mailing address for the attorney's office for filing. I'll be on leave June 1st_5tn Trudy From: Beverly, Trudy Sent: Wednesday, May 27, 2020 2:07 PM To: Taraban, Ron <ron.taraban@ncdenr.gov> Cc: Donna Farris (dfarris@excelengr.com) <dfarris@excelengr.com> Subject: FW: [External] FW: Servco Concord Notice of Residual Petroleum — Servco 311 (Incident #27502) Hey Ron, A commercial regulated NRP was mailed to our office for Servco #311 (Incident #27502). The NRP has not arrived at the office as of 1:30pm 5/24/2020. The site is currently ranked as high risk. This is for a groundwater restriction only. I have reviewed the draft NRP (attached, no signatures). The NRP has my approval. I do not have a scan with RP signatures. Please look for this NRP on your next day in the office. They are wanting to get this approved by the UST Section as soon as possible and returned for filing with the Cabarrus County Register of Deeds. They have a buyer for the property. An attorney will be filing the Notice. There should be a cover letter that states where it should be mailed. Please have Sherry mail the UST approved version when completed. Donna Farris with Excel Environmental is the consultant contact should you have questions. Thank you, Trudy ►a 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. B everly_gncdenr. 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: https://deq.nc.gov/about/divisions/waste-manaaement/ust Branch's Above Ground Storage Tanks Website Address: hops://deg.nc.gov/about/divisions/waste-management/ust/ast-proeram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://deo.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans File Review Procedures: hns://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): httos://dea.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: httys:Hfiles.nc.iiov/ncdeci[W aste%2OMana2ement/D WM/UST/W hatsNew/Final-Electronic-Document-Submittal-Policy.pdf https:Hfiles.nc. gov/ncdeq/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Donna Farris [mailto:dfarris@excelengr.com] Sent: Wednesday, May 27, 2020 1:28 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] FW: Servco Concord Notice of Residual Petroleum 1 � click links or open attachments unless you verify. Send all suspicious email as an attachment to AL Here is the NORP that I drafted. Thanks! Donna Farris Excel Civil & Environmental Associates, PLLC 625 Huntsman Court, Gastonia, NC 28054 Ph: 704-853-0800 Fax: 704-853-3949 www.excelen-qr.com [excelengr.coml `Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information in this e-mail is confidential. It is intended solely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. When addressed to our clients, any opinions or advice contained in this e-mail are subject to the terms and conditions expressed in the governing ECEA client engagement letter. From: Donna Farris [mailto:dfarris@excelengr.com] Sent: Monday, May 18, 2020 12:58 PM To: Gayleen Morris (gylnmorris@gmail.com) <gylnmorris@gmail.com>; Bob Gresham (bgresham@servicedist.com) <bgresham@servicedist.com> Cc: Mike Stanforth (mstanforth@excelengr.com) <mstanforth@excelengr.com> Subject: Servco Concord Notice of Residual Petroleum Gayleen, Bob asked me to email these documents to you. The Notice of Residual Petroleum will need to be signed and notarized on the Enforcement page. The entire original Notice will then need to be submitted to NCDEQ for approval. Bob wants to mail directly from your office to speed things up as much as possible. I have attached a transmittal letter to submit the Notice to NCDEQ. Please see incident manager's request below to be notified when mailed and to provide a scan of the document. Bob, please let the attorney know that a certified copy of the filed Notice will need to be submitted to NCDEQ once the Notice is filed. Any questions, please let me know. Thanks, Donna Farris Excel Civil & Environmental Associates, PLLC 625 Huntsman Court, Gastonia, NC 28054 Ph: 704-853-0800 Fax: 704-853-3949 www.excelenqr.com fexcelengr.coml `Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information in this e-mail is confidential. It is intended solely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. When addressed to our clients, any opinions or advice contained in this e-mail are subject to the terms and conditions expressed in the governing ECEA client engagement letter. From: Beverly, Trudy[mailto:trudy.beverly@ncdenr.gov] Sent: Monday, May 18, 2020 12:32 PM To: Donna Farris <dfarris@excelengr.com> Subject: RE: [External] Servco 00311 Incident 27502 Hey Donna, We will do our best to make things as quick as possible. DEQ staff is still working remotely. Ron is coming in the office one morning per week. It's usually on Tuesdays. But, I can't guarantee that day. My review will go faster if you let me know what day the NRP is mailed and email me a scan of the document. Thanks and have a great day, Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management er. D�EQ North Carolina Department of Environmental Quality �. UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy. B everlygncderin gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 4 Office Mailing Address: 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Branch's Underground Storage Tanks Website Address: hitps://deq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust/ast-proeram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httDs:Hdeu.ne. aov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaaement-eis-mans File Review Procedures: https:Hdcq.nc. gov/about/divisions/waste-manaaement/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): httns://deo.nc. aov/about/divisions/waste-manaeement/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https:Hfiles.nc.gov/ncdeg[Waste%20Manatiement/DWM/UST[WhatsNew/Final-Electronic-Document-Submittal-Policv.pdf https:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20filc%20names%20for%2OLaserfiche.docx From: Donna Farris [mailto:dfarris@excelengr.com] Sent: Monday, May 18, 2020 12:07 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] Servco 00311 Incident 27502 Importance: High External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to kort.spam@nc.gov Service Distributing Co. has a buyer for this property. They asked me to let you know that a Notice of Residual Petroleum is being prepared (hope to have to you by the end of this week) and to request as quick a turnaround as possible on approval by the NCDEQ. Thanks, Donna Farris Excel Civil & Environmental Associates, PLLC 625 Huntsman Court, Gastonia, NC 28054 Ph: 704-853-0800 Fax: 704-853-3949 www.excelenqr.com [excelengr.coml `Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The information in this e-mail is confidential. It is intended solely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. When addressed to our clients, any opinions or advice contained in this e-mail are subject to the terms and conditions expressed in the governing ECEA client engagement letter.