Loading...
HomeMy WebLinkAboutMO-28833_48049_G_C_20211011_Draft NORP for UST ReviewOctober 11, 2021 RECEIVED OC 1 14 2021 NCDEQ MRO UST GEQSCIENCE North Carolina Department Of Environmental Quality GROUP Division Of Waste Management: UST Section 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attention: Ms. Trudy Beverly, L.G. Reference: NORP Sedgefield Shopping Center 2807 South Boulevard Charlotte, North Carolina Geoscience Job No. CH14.0017.EV NCDENR Incident No. 48049 Consulting Engineers Attached please find a proposed Notice of Residual Petroleum (NORP) for the above liste incident. If you have any questions or require additional information regardin matted please contact us. g thisr, Respectfully, GEOSCIENCE GROUP, INC. Thomas C. Hassett Senior Engineer ENV\2014\017 - SedgeSeld\2800 US ANORP covendoc 500 Clanton Road Charlotte. North Carolina Telephone Suite K 28217 Facsimile NC License -04.525.2003 704.525.2051 F-0585 NOTICE OF RESIDUAL PETROLEUM _2807 South Boulevard Mecklenburiz 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 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 Register of Deeds' office Book , Page (name of county) Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg Register of (name of county) Deeds' office Book ,Page , and has been/shall be incorporated into the Notice by this reference. Source Property Marsh Realty 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: 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/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. IN WITNESS WHEREOF, ���/'??'L*'l has caused this Notice to be executed pursu ant ant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 17* day of o Cro4Ar— ,20A t . I cw4 K ra c� �aMA'M�l (name of responsible party if agent is z By: (signature of res onsible party, atto ey or other agent if there is one) 1«r. via PNrio — (Title of agent for responsible party if there is one) Signatory's name typed or printed: -6 NORTH CAROLINA COUNTY (Name of county in which owledgment 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: geoxC ;e- d-T ZZI.OAA e-j Date: �1-!r�„ (OfficialTAL;jSeal,��������►��,ttt,ttt� Q v �pTARY n(si ature of Notary Public) � (printed or typed name of Notary Public) Notary Public My commission expires: EXPIRES APRIL 29, 20M Revised July 19, 2021 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 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 of Notary Public) (printed or typed name of Notary Public) Notary Public My commission expires: Revised July 19, 2021