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HomeMy WebLinkAboutMO-28045_47318_G_C_20201215_NRP Rescind and Replace Request LetterROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director December 15, 2020 Attn: Frederick Smith Mecklenburg County Register of Deeds 720 East Fourth Street Charlotte, NC 28202 Re: Cancellation of Notice of Residual Petroleum NCGS 14313-279.11(g) Notice of Residual Petroleum Former FedEx Cltr Facility 6831 Express Drive, Charlotte Mecklenburg County, North Carolina UST Incident Number:_ 47318, 12575, & 3779 Notice of Residual Petroleum Recorded in: Book 23217 Page(s) 892-896 Dear Mr. Smith: The Underground Storage Tank (UST) Section of the Department of Environmental Quality (Department) hereby requests that the Mecklenburg County Register of Deeds cancel a Notice of Residual Petroleum (Notice) that was previously recorded on December 28, 2017 at Book 23217, Pages 892-896. The subject real property is located at the above -referenced address, and it was owned by the City of Charlotte/Lockheed Corporation at the time of the recordation of the Notice. The reason for the cancellation is that, the previous Notice restricted groundwater only. A new Notice restricting soil and groundwater is included to replace the groundwater only restriction on the parcel. Based on this information, I request that the referenced Notice be cancelled of record and the new Notice be filed restricting soil and groundwater usage on the parcel. If you have any questions regarding the actions or the rules mentioned in this letter, please contact Trudy Beverly by email at Trudy.Beverly@,,ncderingov or by telephone at (704) 235-2182. 1EQ§NORI I Ca1R M D¢µattmAt4W filRUeilly North Carolina Department of Environmental Quality I Division of Waste Management <DoubleClick to open Footer, then Click to Select Applicable Regional Office> FSi ely, ` l-c onald H. Taraban C-�— Regional Supervisor, Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ Attachments: Notarization of Cancellation of Notice of Residual Petroleum (mail to Charlotte Douglas International Airport, CLT CENTER, Jarnes McDorman, P.O. Box 19066, Charlotte, NC 28219 cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environrnental Health, Groundwater & Wastewater Services (via email) v Dan Bowser, UST Section (via email) James McDorman, Charlotte Douglas International Airport (via email) CANCELLATION OF NOTICE OF RESIDUAL PETROLEUM Lockheed Corporation Property, Mecklenburg County, North Carolina Under North Carolina's Statutes and Regulations, a NOTICE OF RESIDUAL PETROLEUM (Notice) that was recorded at the aforementioned property has been CANCELLED 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-279.11(g). The Notice was recorded at the Mecklenburg Register of Deeds' office, Book 23217, Page 892-896. IN WITNESS WHEREOF, the Secretary of the Department of Environmental Quality (or his/her delegate) has caused this No ice to be cancelled pursuant to N.C.G.S. Section 143B-279.11(g), this. day of � 520 By: L�k e rAA (Signature of Delegated DEQ Representative) Signatory's name typed or printed: NORTH CAROLINA Iredell COUNTY (Name of county in which acknowledgment was taken) UST Regional Supervisor (Title of Delegated DEQ Representative) Ronald H. Taraban I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the Cancellation of Notice of Residual Petroleum: WITNESS my hand and official seal, this the Z11 day o �, 20 X. (Official Seal) Q11AN o 714#%4 .r C3�r L� Lle+ (signature of Notary Public) Sherian R. Black (printed or typed name of Notary Public) Notary Public My commission expir s: 12 e VOMIT X 1 a I Ne_ Former Federal Express Facility (4831 Express Drive), -Douglas Airport, Mecklenburg County, NC Former Lockheed Facility (5805 Tunnel Road), Douglas Airport, Mecklenburg City, NC Former Delta Airlines Facility (4812 Express Drive), Douglas Airport, Mecklenburg County, NC 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". 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 14313-279.9 and 14313-279.11 and has/shall be recorded at the Mecklenburg County Register of Deeds' office Book , Page Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg County Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property City of Charlotte 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: Parcel #11521105 as shown on Exhibit A and containing the following leaking UST incidents. ® Incident #12575 (Lockheed Corporation Facility), ® Incident 447318 (Former FedEx CLTR Facility), and a Incident #3779 (Delta Airlines). 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 Revised January 15, 2013 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: The Site shall be used for industrial/commercial use only. Industrial/commercial use means a use where exposure to soil contamination is limited in time and does not involve exposure to children or other sensitive populations such as the elderly or sick. The real property shall not be developed or utilized for residential purposes including but not limited to: primary or secondary residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds, parks, recreation areas and/or picnic areas. 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, City of Charlotte has caused this Notice to be executed pursuant to N.C.G.S. Sections 1438-279.9 and 14313- 11, this 1""� d y of`1-)Le-6t i$ 20ZO. (na o'fr es� onsible parry if agent is signing) Y. C-Xi ` r rs g ature of responsible party, attorney or other agent if there is one) Chief Operating Officer (title of agent for responsible parry if there is one) Signatory's name typed or printed: Jack Christine NORTH CAROLINA CO mCOUNTY (Nae of countyin which acl owledgment 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: Jack Christine Date: ice. (Official ° NOTARY .° PUBLIC CC, (sign ire of Notary P—ublic)// W! 1 rP - C� /T /1 /1 (printed or typed name of Notary Public) Notary Public My commission expires:_ % - � b Revised January 15, 2013 Approved for the purposes of N.C.G.S. 143B-279.11 Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA 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 of Regional Supervisor) Date. l � i a `�� � (official Seal) Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 r ti M O r O N O N ti N r L U Beverly, Trudy From: Beverly, Trudy Sent: Wednesday, December 23, 2020 11:29 AM To: Erik Maroney Cc: Morris, Brett L.; Caldwell, Shawna; McDorman, James; Chinery, Alex; Bowser, Daniel P Subject: Former Fed Ex CLTR Facility - UST Incident #47318 — Notice of Residual Petroleum Rescind and Replace Attachments: MO-28045_47318_G_C_20201215_NRP Rescind and Replace Request Letter.pdf Please see the attached Notice of Residual Petroleum Rescind and Replace letter for Former Fed Ex CLTR Facility located at 6831 Express Drive, Charlotte, Mecklenburg County, North Carolina (UST Incident #47318). James — The original paper document was mailed on Monday for filing with the Mecklenburg County Register of Deeds Office. Dan —There are 3 open commercial, regulated incidents on this parcel at the Charlotte Airport. Trudy 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.Beverlyricdenngov 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:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-pro2Tam INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://deo.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-ais-maps File Review Procedures: https://deq.ne. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): https: //deq.nc. gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https://files.nc.gov/ncde(I/W aste%2OManagement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policy.udf https://files.nc.gov/ncdeq/Waste%2OMana2ement/DWM/UST/Corrective%2OAction/UST%20filc%20names%20for%2OLaserfiche.docx