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HomeMy WebLinkAboutMO-9532_40967_C_NRP_20210121_Recorded Notice of Residual PetroleumB35576 - P 514 For Registration Fredrick Smith Register of Deeds Mecklenburg County, NC Electronically Recorded 2021 Jan 21 04:12 PM RE Excise Tax: $ 0.00 Book: 35576 Page: 514 - 517 Fee: $ 26.00 Instrument Number: 2021012192 Prepared by and Return to: Ryan R. Osborne, lnenco, Inc., 132 W. Statesville Ave, Mooresville, NC 28115 NOTICE OF RESIDUAL PETROLEUM John Adams Property, 934 West Mallard Creek Church Road, Mecklenburg County, North Carolina 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 143113-279.9 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-279.1 I 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 N/A Page N/A , and has been/shall be incorporated into the Notice by this reference. Source Prooert John Wayne Adams and Catherine D. Adams (as joint tenants with rights of survivorship) are the owners in fee simple of all or a portion of the Site, which is in the County of Mecklenburg, State of North Carolina, and is known and legally described as: Beginning at a right of way disc found on the northeasterly margin of West Mallard Creek Church Road in the City of Charlotte, North Carolina thence with a bearing of N37°20'24"W and a distance of 82.53' to a right of way disc; thence along the easterly margin of John Adams Road with a bearing of N08°00'03"E and a distance of 182.65' to a point; continuing with a bearing of N 19°44' 18"W and a distance of 66.58' to submitted electronically by "Hazlehurst & Blake, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Mecklenburg County Register of Deeds. a point; continuing with a curve to the right with a radius of 2261.83' and an arch length of 76.23', being chorded with a bearing of N06°25'23 "E and a chord distance of 76.22' to a point; thence leaving said road with a bearing of N87°01'09"E and a distance of 373.26' to a point; thence with a bearing of S 13°04'49"W and a distance of 540.41' to a point on the northeasterly margin of West Mallard Creek Church Road; thence along said road with a bearing of N60°02'53"W and a distance of 244.52' to the point of beginning, containing 3.256 acres, more or less; as shown on survey by Carolina Surveyors, Inc. dated May 11, 2017 and updated September 8, 2017. 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 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. [Signature page follows] IN WITNESS WHEREOF, John Wayne Adams and Catherine D. Adams, has coxed this e to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day of iJt2�2 ,20 By: ignature of respon le ar , attorney or other agent) By: (signature of responsible party, attorney or other agent) Signatory's name typed or printed: John Wavne Adams NORTH CAROLINA MECKLENBURG COUNTY I certify that the following person, John Wayne Adams, personally acknowledging to me that he or she signed the foregoing document: Date: ao 's,, I Signatory's name typed or printed: Catherine D. Adams NORTH CAROLINA MECKLENBURG COUNTY this (signature ofNotPub ic) I� . ])(v� x ,A1 a I l9eA/\. printed or typed name of Notary Public) Notary P iblic My com issionN)QWAWE HOLDEN NOTARY PUBLIC MECKLENBURG COUNTY, NC My Cwvnb bn ExpWo 12-7-2023 I certify that the following person, Catherine D. Adams, personally geared before met ay, ^ acknowledging to me that he or she signed the foregoing document: 1 (� Date: 47%00-Q (Official Seal) ` srgnature of Notary Public) (printed or typed name of Notary Public) Notary Pu )TIc N DWAINE HOLDEN My comm ssion exPR&ARY �91IC MECKLENBURG COUNTY, NC My Co rkslon Expka 12-7-2023 Approved for the purposes of N.C.G.S. 14313-279.11 (Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA Lh.Ad I 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. (OfflcialSeal) Sherian R. Black Notary Public Notary Public Number 20041820022 ISSIONEXPInes My commission expires: 10 Z 202 July 12, 2024 Beverly, Trudy From: Beverly, Trudy Sent: Friday, January 22, 2021 6:53 AM To: rro@inencoinc.com Subject: RE: [External] FW: Notice of Residual Petroleum sent to the Register of Deeds Received. Trudy Trudy Beverly, L.G. D IE �1 Hydrogeologist, Division of Waste Management _ North Carolina Department of Environmental Quality Q� LF Pa.rI n. of Lnorun,w 0MOT ` UST Section, Mooresville Regional Office 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: ht_pt s://deg.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: hgps:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://deu.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-mans File Review Procedures: ht_pt s://deq.nc.gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): htt2s://deg.nc.gov/about/divisions/waste-mana2ement/laserfiche Document Submittal & UST File Names for Laserfiche Policies: httys:Hfiles.nc.eov/nedea/Waste%2OMana2ement/DWM/UST[WhatsNew/Final-Electronic-Document-Submittal-Policy.odf https:Hfiles.nc.gov/ncdeg/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: rro@inencoinc.com [mailto:rro@inencoinc.com] Sent: Thursday, January 21, 2021 5:17 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] FW: Notice of Residual Petroleum sent to the Register of Deeds CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Trudy, Please find attached the NORP for the John Adams Property. I will get the proof of the required notifications out to you ASAP. Thanks again for your help! Ryan R. Osborne, PE INENCO, Inc. 132 W. Statesville Ave. Mooresville, NC 28115 Office: 704-662-8192 Fax: 704-662-8194 Mobile: 336-978-4725 From: Kelly Blatner <kblatner.hb@gmail.com> Sent: Thursday, January 21, 2021 4:44 PM To: Ryan Osborne <rro@inencoinc.com> Cc: Larry <tankdigger@msn.com>; John Hazlehurst <lohnhazlehurstatty@gmail.com> Subject: Re: Notice of Residual Petroleum sent to the Register of Deeds Hi Ryan, I wanted to let you know that the Notice has recorded. It is attached. We will also send out the certified copy. thanks, Kelly Kelly Blatner Closing Coordinator Hazlehurst & Blake, PLLC 5925 Carnegie Blvd., Ste. 200 Charlotte, NC 28209 Phone: 704-556-iioi x1118 Fax: 704-556-1044 E-mail: kblatner.hbpgmail.com