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HomeMy WebLinkAboutMO-28833_48049_C_NRP_20211028_Recorded Notice of Residual PetroleumB36700 - P 573 For Registration Fredrick Smith Register of Deeds Mecklenburg County, NC Electronically Recorded 2021 Oct 28 03A4 PM RE Excise Tax: $ 0.00 Book: 36700 Page: 573 - 576 Fee: $ 26.00 Instrument Number: 2021206377 3� NOTICE OF RESIDUAL PETROLEUM _Sedgefield Shopping Center Mecklenburg County, North Carolina (Site name) 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 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 Register of Deeds' office Book , Page (name gfcouno) Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg_ Register of (name ofcounn) Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Marsh Realtv Co. of Charlotte, North Carolina is the owner in fee (owner's name) (city & state of homeowner) 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: submitted electronically by "Johnston, Allison & Hord, P.A." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Mecklenburg county Register of Deeds. Revised July 19. 2021 BEING all of Parcel "B " Area: 140,309 SQ FT OR 3.2211 ACRES as shown on that certain plat entitled "Recombination Plat For: Sedgefield Mixed Use Parcel B " prepared by Andrew B. Baker of R.B. Pharr & Associates. P.A., NCPLS L-4542 dated May 24, 2021 and recorded May 24, 2021 in Book 68, Page 948 in the Mecklenburg County Public Registry. Additional Affected Property Also Subject to Restrictions Not Applicable 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: Not Applicable 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: Not 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 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). Revised July 19, 2021 PERPETUAL LAND USE RESTRICTIONS Soil: The Site shall be used for industrial/conunercial 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. �,, J IN WITNESS WHEREOF, �'/111lti2I has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this -7rw day of 0 0-o+tAr— ,20-A1 . (name of responsible parq, if agent is t By: (signature of responsible party, alto 6 otother agent if there is one) h K,r.1.ylet P/e{_Il 9f4-- (Title of'ageni for responsible party if there is one) Signatory's name typed or printed: eIl -5 "AezA-) NORTH CAROLINA �rw COUNTY (Name of county in which &nowledgment was taken) I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document:,,`/tA,4e-d Date: (Official ,,.�� TALq. �2aJ, ©�'cs+ NOTARY S (S' ature of Notary public) ,r (printed or tvped name of Notaty Public) Notary Public My commission expires: my CMEMM EXPIRES APK 29.20 Revised July 19, 2021 roved for the purposes of N.C.G.S. 143B-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 V 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) Date: � a if Sherian R. Black Notary Public Notary Number: 20041820022 My commission expires: July 12, 2024 Beverly, Trudy From: Beverly, Trudy Sent: Monday, November 29, 2021 10:41 AM To: Matt Hunter Cc: Jamie McLawhorn; George Warren; Tom Hassett Subject: RE: [External] RE: Sedgefield Shopping Center - UST Incident #48049 - Conditional No Further Action Received. Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality �� O" UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy. B everly(a) ncdenr. 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: https:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://dea.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-maps File Review Procedures: htips://deg.nc. gov/about/divisions/waste-manaaement/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): https://deq.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https:Hfiles.ne.gov/ncdegfWaste%20Manatiement/DWM/USTfWhatsNew/Final-Electronic-Document-Submittal-Policv.pdf htips:Hfiles.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20filc%20names%20for%2OLaserfiche.docx From: Matt Hunter [mailto:mhunter@marshproperties.com] Sent: Monday, November 29, 20219:58 AM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Cc: Jamie McLawhorn<jmclawhorn@marshproperties.com>; George Warren <gwarren@marshproperties.com>; Tom Hassett <thassett@geosciencegroup.com> Subject: RE: [External] RE: Sedgefield Shopping Center - UST Incident #48049 — 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 a digital copy of the recorded NORP. Please let us know if there's anything else we need to provide in order to receive the final NFA letter. Thanks, Matt Hunter Development Associate MARSH PROPERTIES LLC A: 2401 Park Road, Charlotte, NC 28203 W: MarshProperties.com E: mhunter(dmarsh properties. com P: 704.602.2065 F: 704.347.5754 M:704.519.8565 From: Beverly, Trudy <trudy.beverly@ncdenr.gov> Sent: Monday, November 29, 2021 7:00 AM To: Tom Hassett <thassett@geosciencegroup.com> Cc: Matt Hunter <mhunter@marshpropertieS.com>; Jamie McLawhorn <imclawhorn@marshproperties.com> Subject: RE: [External] RE: Sedgefield Shopping Center - UST Incident #48049 — Conditional No Further Action Received. Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality 19 Cbt � UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy. B everlykncdenr. 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: https://deq.nc.gov/about/divisions/waste-management/ust/ast-proaTam INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httos://dea.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-ais-mans File Review Procedures: htt 2s://deq.nc.gov/about/divisions/waste-manaaement/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): httDs://deo.nc. eov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https:Hfiles.nc.eov/ncdeg/W aste%2OMana2ement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policy.odf htips:Hfiles.nc. gov/ncdegiWaste%2OManagement/D WM[UST/Corrective°/u2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Tom Hassett [mailto:thassett@geosciencegroup.com] Sent: Tuesday, November 23, 20214:07 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Cc: 'Matt Hunter' <mhunter@marshproperties.com>;'Jamie McLawhorn'<imclawhorn@marshproperties.com> Subject: [External] RE: Sedgefield Shopping Center - UST Incident #48049 — 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 please find a letter documenting our effort to provide the required Public Notice. Please let me know if you have any questions or require additional information. Thanks, Tom Thomas C. Hassett, P.E. Senior Engineer GEOSCIENCE GROUP, INC. 500-K Clanton Road Charlotte, NC 28217 (704) 941-2262 - Office (704) 525-2051 - Fax (704) 506-5446 - Mobile From: Beverly, Trudy <trudy.beverly@ncdenr.gov> Sent: Thursday, October 21, 2021 12:10 PM To: Matt Hunter <mhunter@marshproperties.com>; Jamie McLawhorn<imclawhorn@marshproperties.com> Cc: Tom Hassett <thassett@geosciencegroup.com>; Caldwell, Shawna <Shawna.Caldwell@mecklenburgcountync.gov>; Morris, Brett L. <Brett.Morris@mecklenburgcountync.gov> Subject: Sedgefield Shopping Center - UST Incident #48049 — Conditional No Further Action Please see the attached Conditional No Further Action letter for Sedgefield Shopping Center located at 2807 South Boulevard, Charlotte, Mecklenburg County, North Carolina (UST Incident #48049). Tom —The original NORP will be mailed to you for filing with the Mecklenburg County Register of Deeds. Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management D_E North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.13everlygri cdenr. 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://deg.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https://deg.nc.gov/about/divisions/waste-mana2ement/ust/ast-proeram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://d ",.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment ig s=maps File Review Procedures: htips://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): b!Vs://deq.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https://frles.nc.gov/ncdecliW aste%2OManagement[DWM/UST/W hatsNew/Final-Electronic-Document-Submittal-Policy.pdf https:Hfiles.nc.gov/nedeq/Waste%2OManagement/D WMfUST/Corrective%2OAction/UST%2Ofile%20names%20for°/`2OLaserfiche.docx