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