Loading...
HomeMy WebLinkAboutMO-27947_47244_C_NRP_20200804_Filed Notice of Residual Petroleum143860104 FILED ELECTRONICALLY CABARRUS COUNTY NC M. WAYNE NIXON FILED Aug 04, 2020 AT 10:07:00 AM BOOK 14386 START PAGE 0104 END PAGE 0109 INSTRUMENT # 25190 EXCISE TAX $0.00 NOTICE OF RESIDUAL PETROLEUM Joe Gaskey Property Cabarrus 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-279.11 and has/shall be recorded at the Cabarrus Register of Deeds' office Book , Page (name of county) Any map or plat required by DEQ has been/shall be recorded at the Register of (name of county) Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Joe F. Gaskey and wife, Stephanie C. Gaskey of Concord, North Carolina (Owner's name) (city & state of homeowner) 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 (excerpted from Cabarrus County Register of Deeds Book 1057, Page 155). Revised January 15, 2013 Page 1 of 4 submitted electronically by "Cedar Rock Environmental, P.C." in compliance with North Carolina statutes governing recordable documents and the terms of the Memorandum of understanding with the office of the Register of Deeds of Cabarrus county. NCGS 47-14(al)(5). 14386 0105 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 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 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 I Attachment B except to remediate the soil in accordance with all applicable state and federal statutes, regulations and guidelines. Groundwater: New or replacement water supply wells of any kind shall not be installed or operated on the site for any purpose other than monitoring groundwater quality or providing for the remediation of contaminated groundwater without prior written approval by the appropriate Regional Office of the DEQ, Division of Waste Management, Underground Storage Tank Section, or its successor in function. 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 14386 0106 IN WITNESS WHEREOF, Joe F. Gaskey and wife, Stephanie C. Gasket' has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 2911' day of July , 2020. Joe F. Gaskev and wife, Stephanie C. Gaskev (name of responsible ar ' agent is signing) By: (signature of responsible party, ai orney or other agent if there is one) President, Cedar Ro& Environmental, P. C. (Title of agent for responsible party if there is one) Signatory's name typed or printed: Robert A. Payne NORTH CAROLINA 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: ). k, 2a Zv2Dy (Official Seal) <gfaltium of Notary Public) �s� u k -D, JOSIAH PAYNE (printed or typed name of Notary ublic) NOTARY PUBLIC Notary Public ALAMANCE COUNTY, N.C. My Commission Expires 10-22-2.020. My commission expires: (k4_ ZZ Revised January 15, 2013 Page 3 of 4 14386 0107 Approved for the purposes ofN.C.G.S. 14313-279.11 (signature ofRegional Supervisor) M 4 2IC /`- P49 r✓15 Regional Supervisor (printed name of Regional Supervisor) Raleigh Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA W a(ce- 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: AAr. rlc i2, Pou e (S (full printed name of Regional Supervisor) Date: 29, -Low (Official Seal) (rgnature of Notary Public) IF JOSIAH D PAYNE (printed or typed name of Notary Public) NOTARY PUBLIC Notary Public ALAMANCE COUNTY, N.C. My Comfiission Expires 10-22-2020. My commission expires: Duf-• Z'zj Zo7A Revised January 15, 2013 Page 4 of 4 14386 0108 ATTACHMENT A Lying and being in No. Township, Cabarrus County, North Carolina, on the west side Lenhaven Street, adjoining the property of Joe F. Gaskey, Sr., David B. Boger, Len B. Brafford and Mrs. Frank Brafford and being more particularly described as follows: BEGINNING at a point in the center line of Lenhaven Street, corner of Mrs. Frank Brafford and runs thence with the center line of Lenhaven Street two (2) lines as follows: 1st) S. 12-43 E. 131.02 feet to a point; thence 2nd) S. 20-52 E. 53.98 feet to a point, corner of Joe F. Gaskey, Sr.; thence with the line of Joe F. Gaskey, Sr. S. 74-56 W. (passing an iron on line at 30.15 feet) for distance of 231.18 feet to an iron pin, corner of Joe F. Gaskey, Sr., David Boger and Len B. Brafford; thence with line of Brafford N. 20-52 W. 185.3 feet to an iron pin in the line of Mrs. Frank Brafford; thence with the line of Mrs. Frank Brafford N. 75-18 E. (passing an iron on line at 219.72) for a distance of 249.74 feet to the BEGINNING, containing 0.98 acres, more or less, as surveyed and platted by Billy B. Long, Sr., RLS, June 18, 1993. ATTACHMENT B N Nathan Phillips Property Frankie Phillips \ Property N �a - House T1 \ Roland Mays Property - Joe Gaskey Property David �\ NOTE: Boger Property 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 RESTRICTED AREA (estimated with recording requirements for plats. extent of soil contamination exceeding applicable cleanup standards.) — - Property Lines ;____; T1 = 560-Gallon UST o 25 50 too 1 Inch = 50 Feet PROJECT: Joe Gaskey Property INCIDENT # Pending_. LOCATION: 75 Lenhaven Street Concord, Cabarrus Co. CRE PROJECT NUMBER: 296622590 CEDAR ROCK ENVIRONMENTAL, P.C. FILENAME: 2966NoRP.fc7 VERSION DATE: 7117120 FIGURE 1 Beverly, Trudy From: Beverly, Trudy Sent: Tuesday, August 4, 2020 11:08 AM To: Josiah Payne Subject: RE: [External] NRP Review Good Morning Josiah, Thank you for sending the filed NRP for the Joe Gaskey Property. Have a great day, Trudy 001F 5Qii:�, 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 everlyL&ncdenr. 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: hgps://deg.nc.gov/about/divisions/waste-management/ust/ast-prosram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-management- ig s=maps 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): hit 2s://deg.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: httys:Hfiles.nc.aov/nedeci/Waste%2OMana2ement/DWM/UST[WhatsNew/Final-Electronic-Document-Submittal-Policy.odf htips:Hfiles.nc. gov/ncdeq/\Vaste%2OManagement/D WMiUST/Corrective%2OAction/UST%20flle%20names%20for%2OLaserfiche.docx From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Tuesday, August 4, 2020 11:03 AM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: Re: [External] NRP Review External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Good morning Trudy, I have attached the filed NRP for the Joe Gaskey Property. Thanks! Josiah Payne 0