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HomeMy WebLinkAboutMO-29035_48226_C_NRP_20220202_Filed Notice Of Residual PetroleumFILED CABARRUS COUNTY NC WAYNE NIXON REGISTER OF DEEDS SCANNED AND RETURNED FILED Feb 02, 2022 AT 12:22 pm BOOK 15824 START PAGE 0126 END PAGE 0131 INSTRUMENT # 03794 EXCISE TAX $0.00 ABA NOTICE OF RESIDUAL PETROLEUM 715 Kannapolis Parkway, Concord_, Cabarrus County, North Carolina (site name) 48226 Bk. 8089, Pgs. 178-180 (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 143E-279.9 and 143B-279.11. The North Carolina Department of Environmental Quality shall hereinafter be referred to as "DEQ". Q11 l] RNA 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 Cabarrus _ (name of county) Book) 3 30V, Pgs Cu6- D . 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/sball be incorporated into the Notice by this reference. Source Property _BV 715 KannaTolis Parkway, LLC_ _ of Greensboro, NC _ is the owner in fee simple of all (owner's name) {city & state ofhameownerJ 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 t EXR1011 A Being all of those min patccU or trans of Ind shunted in TowaaMp No. 2. Cabamsa County, North Carolina, and being a portiba of Lot rla. 17 of FicigerWte Subdivision step *Hof taw property shown as ofOfty & BeoW Je on pLat recorded in Map Book 19, Page 23, Caburus CountyPubro Registry, and being tnom pwti dKfy da=bod as Wows BEGGING. at. a N.0 DOT monument in the aord= right of way mar& of Fingadake Drivo (said monument beins S. 19.19-16 B. 71.53 feet fmm a N.O. DOT mow=at in the southern i & ofway of Fiagerlaka nwn)a tu►d naming thence with said northern right of way & W-W-53 W. b9.08 foot to an wdatl* M ineb iron pipe; tbmbeeti (caving ulna right of way of Fk ge;'Ww Drive; N. 20-36-24 W. 126.06 Meet to an caistin % inch Iran p4% tbetnee N. 7-13-03 B 103.84 f cd (pasaing an a kiting % inch iron pipe at 72.39 fW) to an mtittigg K inch kan tod; Owwo N. 794"1 E. 197.72 Sod to an eluting bent ii inch iron cad is the WCOM right of way margin of Katmrpolis Highway. tbmoc with the we acm right ofway towgirt ofFOutaxporm E%ht ay S. 24-16-09 E 19.91 Seat (analog iN C AQ'I'tmuumcrrt at M fact} to a set iron rod; there S. 23-43-32 E. 106.79 feet to a set iron md; t[tenca; leaving the western t Wit ofway margin of KamuiZotis ffl& ay. S. 20.3938 W. 44.84 Test to s set iron rod; thartee S. 64-11-40 W. IW2 teet to the PtiWr AND PLACE OF BEGINMG, and ombdahrg LOOM totes aerm nwre or less, secotdint to survey byrStilly fir Long, PLS. dated AugmtV V. 20K and revised Doxtritcr 3, 2007, to wbU reference Is hereby made for a more oomplate deacripdon. 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 Part}, ifl4pplicable) 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 frgure(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. The above land use restriction(s) shall be enforced by any owner, operator, or other parry 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. Revised February 2016-CLK 3 IN WITNESS WHEREOF, BV 715 Kannapolis Parkway, LLC has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 14-t day of Ok&OW 202 2, BV 715 Kanna olis Parkwa LLC (name of responsible party if agent is signing) B (signatureof responsible parry, attorney or other agent if there is one) if (title of agent for responsible party if there is one) Signatory's name typed or printed: Keu �, C . _ _ _i7P4 r1e_ ORTH CAROLINA `1 COUNTY (Name of county in which acknowledgment was taken) I certify that the following person(s) personaIly appeared before mis day, eac acknowledging to me e that he or she signed the foregoing document: �� uv n Y1 Date: l ` a — (Official Seal) APub ature of N�canQazo�.nsorl (printed or typed name of Notary Public) Notary Public My commission expires: Revised February 2016-CLK Approved for the purposes of N.C.G.S. 14313-279.11 LAA (Signature ofRegienalSupervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA . __ :Fkpje� COUNTY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ronald H. Taraban (full printed name arRegionai-upervlsor) (officialse'70 Sherian R. Black e111113111111ryNotary Public *kIAN q er',,�ts Notary Public Number 20041820022 \.%OTq��tyny �u►r x My commission expires: July 12, 2024 LIG Ae e B 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 REQUIREMENTS FOR PLATS. LEGEND — — Site Boundary IS Approximate Former UST Location Site Map 1 Drawing{ 2021 Google Earth' : 715 Kanna olis Parkway P Y f r� ' Approximate 1.07-Acre Tract Satellite Imagery Scale: 1" „�,' AJ,��L®T �r Concord, Caharrus County, NC =1QQ'� f I l O i G f O l 0 G C ■ L L L C Pilot Project G-7352.2 Beverly, Trudy From: Beverly, Trudy Sent: Thursday, February 3, 2022 6:41 AM To: Jason Ricks Cc: Lee Easley; John McCain Subject: RE: [External] RE: 715 Kannapolis Parkway - UST Incident #48226 — Conditional No Further Action Received. Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management E Q North Carolina Department of Environmental Quality �� D-. UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy. B everly_kncdenr. 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: Jason Ricks [mailto:JRicks@pilotenviro.com] Sent: Wednesday, February 2, 2022 3:32 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Cc: Lee Easley <leasley@biscuitville.com>; John McCain <jmccain@pilotenviro.com> Subject: [External] RE: 715 Kannapolis Parkway - UST Incident #48226 — 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. Attached is the recorded NORP. Sincerely, Jason Ricks, LG 336.870.3095 (c) 336.310.4527 (o) PO Box 128 Kernersville, NC 27285 www.pilotenviro.com i ricks@pilotenviro.com From: Beverly, Trudy <trudy.beverly@ncdenr.gov> Sent: Wednesday, February 2, 2022 11:43 AM To: Lee Easley <leasley@biscuitville.com> Cc: Jason Ricks <JRicks@pilotenviro.com>; Downs, Michael K <mkdowns@cabarruscounty.us>; Chrystal Swinger <Chrystal.Swinger@CabarrusHealth.org>; John McCain <]mccain@pilotenviro.com> Subject: 715 Kannapolis Parkway - UST Incident #48226 — Conditional No Further Action Please see the attached Conditional No Further Action letter for 715 Kannapolis Parkway located at 715 Kannapolis Parkway, Concord, Cabarrus County, North Carolina (UST Incident #48226). Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office r4rvnR mt qu.Yry�` 704.235.2182 (Office) Trudy.B everly(ancdenr. 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: hit2s://deq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: hitps://deg.nc.gov/about/divisions/waste-management/ust/ast-proeram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://deo.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans File Review Procedures: httns://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hitps://deq.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https:Hfiles.nc.eov/ncdeg/Waste%2OMana2ement/DWM/UST[WhatsNew/Final-Electronic-Document-Submittal-Policv.l)df htips:Hfiles.nc. gov/ncdeq/Waste%2OManagement/D WMIUST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx