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