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HomeMy WebLinkAboutMO-28288_47548_G_C_20210208_Draft NRP for UST Review615 Bruce Thomas Road Harmon Environmental PA Monroe, North Carolina 28112 704-292-4527 h armonenvironmental. com February 8, 2021 RECEIVED Ms. Trudy Beverly, P.G. North Carolina Department of Environmental Quality FEB 11 2021 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Re: Transmittal of Notice of Residual Petroleum NGDEQ MRCS I Former Emphasis Ads Inc. Facility, 1619 North Graham Street, Charlotte, North Carolina Incident No. Pending Project No. 861-02 Dear Ms. Beverly: Attached please find a copy of the Notice of Residual Petroleum for the former Emphasis Ads Facility located at 1619 North Graham Street in Charlotte, North Carolina. Please return the executed document to Harmon Environmental, PA for recording with the Mecklenburg County Register or Deeds. We appreciate your assistance in this matter. Please call or email if you have any questions or require any additional information. Sincerely, Harmon Environmental, PA Richard L. Harmon, P.G. President/Principal Hydrogeologist Attachments cc: Mr. Byron Burns — digital copy w/o attachment NOTICE OF RESIDUAL PETROLEUM _Former Emphasis Ads Inc. Facility_, _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 143B-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 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 Mecklenburg CountyRegister of Deeds' office 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 Red Iron Properties, LLC 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: Revised February 5, 2019 BEGINNING at an iron stake in the westerly line of Hutchison Avenue, said iron stake being located N.34-20E587.9 feet from the northwesterly intersection of Hutchison Avenue and Armour Drive; thence a new line N. 55-40 W. 297.12 feet to an iron stake in the line of Carolina Houdaille Company; thence with the line of Carolina Houdaille Company S. 82-27-12 E. 332.84 feet to an iron stake in the westerly margin of'Hutchison Avenue, said iron stake being located S. 34-20 W. 46.6feetfrom the northerly line of Sylvania Avenue, if extended to intersect the westerly line of Hutchison Avenue; thence with the westerly margin of Hutchison Avenue S. 34-20 W. 150 feet to the point of BEGINNING, containing 22,284.00 sq. ft., as shown on map survey ofJ. W. Spratt, C.S., dated April 11, 1957 and revised on July 17, 1957, LESS AND EXCEPT that portion of the aforementioned parcel taken in fee simple by the City of Charlotte in Condemnation Action filed in Mecklenburg County Superior Court hearing file number 19- CVS-22320 as evidenced by Memorandum of Action recorded in Book 34023 at Page 436 on the Office of the Register ofDeeds.forMecklenburg County, North Carolina. 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. Revised February 5, 2019 IN WITNESS WHEREOF, R,4its (r%p.-vLLi LLLhas caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 143B-279.1 1, this day of ,20_ (name of ansible r is 'gning) By: (signature of responsible party, attorney or other agent if there is one) (Title of agent for responsibl ar if there is one) Signatory's name typed or printed: NO H` �C R�LINA �WCOUNTY (Name of county in whi i acknowledgment was taken) I certify that the following person personally appeared befprme this ay, acknowledging to me that he or she signed the foregoing document: QVrl_ ��n v �t ("W Date: jL-1.421 (Official Seal) IAN J CARMAN Notary Public [Mecklenburg Co., North Carolina ommission f xpires Nov. 21, 2024 expires: (s .t re �ofNot�Public) .J Ccr c ., printed or typed name of Notary Public) Notary Public My commission Revised February 5, 2019 Approved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) Regional Supervisor (printed name of Regional Supervisor) Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA 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: (full printed name of Regional Supervisor) Date: (Official Seal) expires: (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission Revised February 5, 2019