HomeMy WebLinkAboutMO-28068_47338_G_C_20201005_Draft NRP for UST Review•
PARAGON
Environmental Consultants, Inc.
October 20, 2020
RECEIVED
0 C T 2 3 2020
Trudy Beverly NCDEQ MRO UST
Mooresville Regional Office - NCDEQ
610 East Center Avenue — Suite 301
Mooresville, NC 28115
Reference: Notice of Residual Petroleum
Atlantic American Property
407 S. Ridge Avenue
Kannapolis, Cabarrus County, North Carolina
Incident # Pending
Dear Ms. Beverly:
Please find enclosed a Notice of Residual Petroleum for the above referenced groundwater
incident. Please review and have the Regional Supervisor sign the attached Notice of
Residual Petroleum and return it to Paragon by mail. Paragon's mailing address is:
Paragon Environmental Consultants, Inc.
P.O. Box 157
Thomasville, NC 27361-0157
We will then file the notice with the Cabarrus County Register of Deeds.
Please contact our office at (336) 669-6037 if you have any questions or require any
additional information concerning this notice for the Atlantic American Property.
Sincer y,
Benjamin W. Robinson, L.G.
Paragon Environmental Consultants, Inc.
NRPltr-2083
P.O. Box 1 57 • Thomasville, INC 27361 -0157
Business Ph: (336) 669-6037 • Fax: (336) 476-7708
NOTICE OF RESIDUAL PETROLEUM
Atlantic American Property 407 S. Ridge Avenue Kannapolis, NC Incident # Pending
Cabarrus County, North Carolina
Current Property Owners Deed Book # 6234 Page # 0262
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 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 Cabarrus County Register
of Deeds' office Book , Page
Any map or plat required by DEQ has been/shall be recorded at the Cabanas County Register of Deeds'
office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Atlantic American Properties, Inc. of Kannapolis, North Carolina 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:
Being Lot Number Fifty -Six (56), Block "E" of KANNAPOLIS SUBDIVISION, S.E. SECTION II,
Cannon Holding Corporation, a plat of which is recorded in Map Book 19, page 80, Cabarrus County
Registry, and being known as 407 South Ridge Avenue, Kannapolis, North Carolina.
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 Deeds receives and records the written concurrence of
the Secretary (or his/her delegate) of DEQ (or its successor in function).
PERPETUAL LAND USE RESTRICTIONS
[Restrictions apply to activities on, over, or under the land.]
Soil: Soil containing residual petroleum above applicable regulatory standard(s) remains on the site in
the area identified in Figure], Attachment A. No soil shall be excavated or disturbed within 3 feet
of the area identified in Figure 1, Attachment A except to remediate the soil in accordance with all
applicable state and federal statutes, regulations and guidelines.
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
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, Atlantic American Properties, Inc. has caused this Notice to be executed
pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 13 day of (rf?b.Q,r , 2020.
Ad tic ;Arri n Properties, Inc.
Signed By: �l ► , Vice President
Signatory's name typed or printed: Thomas D. Sanctis
NORTH CAROLINA
Cc1_ Q—C (-LtS COUNTY
�twk , a Notary Public of said County and State, do hereby certify that !h W&S 1). LLnG%-S
personally came before me this day and acknowledged that he is Vice President of Atlantic American Properties, Inc.
and acknowledged, on behalf of Atlantic American Properties, Inc., the grantor the due execution of the foregoing
instrument.
WITNESS my hand and seal this the 13 day of (00':ii f2020.
(Official Seal)
6jaff
C
(signature of Notary Public)
J-0 Li� H
JODI HEATER
NOTARY PUBLIC (printed or typed name of Notary Public)
CABARRUS COUNTY, NC
Notary Public
W Commission Expires,-4 cf
My commission expires , 20&q
Approved for the purposes of N.C.G.S. 143B-279.11.
Ronald H. Taraban, Ph.D., Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environmental 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) (signature ofNotary Public)
(printed or typed name of Notary Public)
Notary Public
My commission expires , 20
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