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