Loading...
HomeMy WebLinkAboutMO-28859_48069_C_NRP_20211102_Filed Notice of Residual PetroleumFILED CABARRUS COUNTY NC WAYNE NIXON REGISTER OF DEEDS FILED Nov 02, 2021 AT 10:29 am BOOK 15622 START PAGE 0163 END PAGE 0168 INSTRUMENT # 46674 EXCISE TAX $0.00 SSF NOTICE OF RESIDUAL PETROLEUM _1025 Concord Parkway North, Cabarrus County, North Carolina (site name) 48069 Bk. 8645, Pgs. 0028-0030 (Incident Number) (Deed Book, Pages of Property Deed to be Restricted) 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 143B-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 143B-279.9 and 143B- 279. Any map or plat required by DEQ has been/shall be recorded at the Cabarrus (name of county) Register of Deeds' office Book and Page referenced above, and has been/shall be incorporated into the Notice by this reference. Source Property 1025 Concord Parkway, LLC of Concord, NC is the owner in fee simple of all (owner's name) (city & state of homeoivner) 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: Revised February 2016-CLK V/a('� Lying and being in #4 Township, Cabarrus County, North Carolina, on the northwest side of the Salisbury- Chariotte Highway and being Lot Nos. 33,34 and 35 of the Martha R. Purr lands, as surveyed and platted by J. M. Furr, Jr., in May, 1941, a map of which is filed in the 0171ce of the Register of Deeds of Cabarrus County In Map Book 6, pg. 21 and further described as follows: BEGINNING at an iron stake in the north intersection of the Salisbury -Charlotte Highway and Minnie Avenue, and runs thence with Minnie Avenue, North 29- West 287.5 feet to an Iron stake in the line of the Aaron R. 1=urr Estate; thence) with the line of said Estate, North 89° 15' East 337.5 feet to an Iron stake, comer of Lot 32; thence with the line of Lot 32, South 290 East 127.34 feet to an iron stake in the northwest edge of the Charlotte -Salisbury Highway; thence with said Highway, South 81° 00' West 300,00 feet to the point and place of beginning. Additional Affected Property Also Subject to Restrictions of is the owner in fee simple of a portion of (owner's name) (city & state of owner) the Site, which is located in the County of State of North Carolina. Petroleum contamination is located on this property at the time this Notice is approved. This property was also owned or controlled by the underground storage tank owner or operator or another party responsible for the petroleum discharge or release at the time the discharge or release was discovered or reported, or at any time thereafter. This property is known and legally described as: (Insert Real Property Description Here for Additional Properties Owned or Controlled by Any Owner or Operator of the Underground Storage Tank or Other Responsible Party, if Applicable) 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 Deed receives and records the written concurrence of the Secretary (or his/her delegate) of DEQ (or its successor in function). Additional Affected Property Not Subject to Restrictions Additionally residual petroleum is also located on the following property. The following property is not subject to land use restrictions pursuant to N.C.G.S. Section 143B-279.9(b). The following property is known and legally described as: Revised February 2016-CLK 2 (Insert Legal Description of Other Real Property Affected by Residual Petroleum Not Owned or Controlled by Any Owner or Operator of the Underground Storage Tank or Other Responsible Party, if Applicable) PERPETUAL LAND USE RESTRICTIONS Soil: Soil containing residual petroleum above applicable regulatory standards) remains on the site in the area identified in Figure 1, Attachment A (Refer to extent of contamination as diagrammed in an existing report and attach copy of that figure(s)). 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 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. / D--� 5-�,��YI,N,t9�-c�.� �EUv1e,�cJc� I.1.. C- has WITNESS WHEREOF, has caused this 1V fice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this Alt p4day of 202_L (name o responsible party if agent is signing) (signature of responsible parry, attorney or other agent if there is one) n� n! r , (title o agent f� or Asponsib if arty there is one) `rr Signatory's name typed or printed: tQ n�� , I 10- S . % � l -Q to Revised February 2016-CLK NORTH CAROLINA CA�0,4-Mt. S 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: 1�.-�Z �L-4 TDI 071--/ Date: !O/,2i& i —T (Official Seal) Approved for the purposes of N.C.G.S. 143B-279.11 signs r ofNotaryPublic) printed or typed name of Notary Public) Notary Public My commission expires:t y a2 �, ZO 2 s (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 ojRegional Supervisor) Date: (Official Seal) (signature of Notary Public) (printed or typed name of Notary Public) Notary Public My commission expires: Revised February 2016-CLK 4 roved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) Ronald H. Taraban, Ph.D. Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environmental Quality i County, State of North Carolina 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: Ronald H. Taraban (printed name of Regional Supervisor) ,-OP SHER�,� No � y r 0 </C �s U .,���y��TY, N •G • Sherian R. Black, •Public Notary Number: 20041820022 My commission expires: July 12, 2024 THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING N REQUIREMENTS FOR PLATS. r am mom am_ - woo OM SM um am .00 Former UST Locations ♦ ♦ X40 ♦ Lo LEGEND Site Boundary Drawing 1 0, Z Nf Site Map 2021 Google Earth <41 ; ' 1025 Concord Parkway North Satellite Imagery Concord, Cabarrus County, NC Pilot Project G-7234.1 Scale: 1" = 55' V I L 0 7 G E 0 L 0 G I C A l P t L t Beverly, Trudy From: Beverly, Trudy Sent: Tuesday, November 2, 2021 2:29 PM To: Jason Ricks Subject: RE: [External] RE: 1025 Concord Parkway North - UST Incident #48069 — Conditional No Further Action No problem. It was good to meet you. Have a great day, Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality '' R"` UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.13everlykncdenn 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: https:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httos://dea.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-ais-mans File Review Procedures: hops://deq.ne. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): bit.ps://deq.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: htti)s:Hfiles.ne.izov/ncdea[Waste%2OMana2ement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.l)df https:Hfiles.nc.gov/ncdeq/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Jason Ricks [mailto:JRicks@pilotenviro.com] Sent: Tuesday, November 2, 2021 2:27 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: RE: [External] RE: 1025 Concord Parkway North - UST Incident #48069 — Conditional No Further Action CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Thanks again for your help this morning and expediting this one. Sincerely, Jason Ricks, LG 336.870.3095 (c) 336.310.4527 (o) PO Box 128 Kernersville, NC 27285 www.Dilotenviro.com Tricks@pilotenvirc .com From: Beverly, Trudy <trudy.beverly@ncdenr.gov> Sent: Tuesday, November 2, 2021 2:26 PM To: Jason Ricks <JRicks(@Dilotenviro.com> Cc: Pam Tolen <ptolenl@hotmail.com>; Chrystal Swinger <Chrystal.Swinger@CabarrusHealth.org>; Downs, Michael K <mkdowns@cabarruscounty.us>; Lisa Bornt-Davis <lisaborntdavis@gmail.com>; John Lambert <john@lambert- cre.com>; Eadie Churchill <elpkcavp@msn.com>; Mark Hermans <markh@newbranchre.com> Subject: RE: [External] RE: 1025 Concord Parkway North - UST Incident #48069 — Conditional No Further Action Received. Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management z!5:fD,EW North Carolina Department of Environmental Quality r" cAwxiINA UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.13everlykncdenn 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: https://deq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: hitps:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://deo.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans File Review Procedures: https://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-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: htti)s:Hfiles.nc.eov/nedea/Waste%2OManauement/DWM/UST/W hatsNew/Final-Electronic-Document-Submittal-Policv.l)df https:Hfiles.nc. gov/ncdeq[Waste%2OManagement/D WMiUST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx From: Jason Ricks [mailto:JRicks@pilotenviro.com] Sent: Tuesday, November 2, 20212:24 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Cc: Pam Tolen <ptolenl@hotmail.com>; Chrystal Swinger <Chrystal.Swinger@CabarrusHealth.org>; Downs, Michael K <mkdowns@cabarruscounty.us>; Lisa Bornt-Davis <lisaborntdavis@gmail.com>; John Lambert <lohn@lambert- cre.com>; Eadie Churchill <elpkcavp@msn.com>; Mark Hermans <markh@newbranchre.com> Subject: [External] RE: 1025 Concord Parkway North - UST Incident #48069 — Conditional No Further Action CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Trudy, Attached is the filed NORP, we will send the public notice confirmation as soon as we can. To the others, in regards to the UST issue since the NORP has been filed the property is fine to be transferred. Please let me know if you have any questions. Sincerely, Jason Ricks, LG 336.870.3095 (c) 336.310.4527 (o) PO Box 128 Kernersville, NC 27285 www.pilotenviro.com Tricks@pilotenviro.com From: Beverly, Trudy <trudy.beverly@ncdenr.gov> Sent: Monday, November 1, 2021 12:58 PM To: Pam Tolen <ptolenl@hotmail.com> Cc: Jason Ricks <JRicks@pilotenviro.com>; Chrystal Swinger <Chrystal.Swinger@CabarrusHealth.org>; Downs, Michael K <mkdowns@cabarruscounty.us>; Lisa Bornt-Davis <lisaborntdavis@gmail.com>; John Lambert <john@lambert- cre.com>; Eadie Churchill <elpkcavp@msn.com>; Mark Hermans <markh@newbranchre.com> Subject: 1025 Concord Parkway North - UST Incident #48069 — Conditional No Further Action Please see the attached Conditional No Further Action letter for 1025 Concord Parkway North located at 1025 Concord Parkway North, Concord, Cabarrus County, North Carolina (UST Incident #48069). Jason — The original UST approved Notice of Residual Petroleum is available for pickup at the Mooresville Regional Office. It's on a table in the reception area (3rd floor). Trudy Trudy Beverly, L.G. D- E Q Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.Beverlykncdenn aov 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://deq.nc.gov/about/divisions/waste-manaaement/ust Branch's Above Ground Storage Tanks Website Address: https:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-proeram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://deq.nc.gov/about divisions/waste-management/waste-management-rules-data/waste-mana eg ment ig s=mates File Review Procedures: https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hit 2s://deg.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: httys://files.nc.aov/nede(i/Waste%2OManaeement/DWM/UST/W hatsNew/Final-Electronic-Document-Submittal-Policy.odf https://files.nc.,gov/nedegiWaste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx