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HomeMy WebLinkAboutMO-28933_48135_C_NRP_20211203_Filed Notice of Residual Petroleum15697 0168 FILED ELECTRONICALLY CABARRUS COUNTY NC Ium21-MZpan ZNwN]ZI FILED Dec 03, 2021 AT 09:28:00 AM BOOK 15697 START PAGE 0168 END PAGE 0173 INSTRUMENT # 50892 EXCISE TAX $0.00 NOTICE OF RESIDUAL PETROLEUM Anne Johnstone Property 48135 Cabarrus County, North Carolina (Site name) (Incident #) Current property owner's Deed Book 9227 Pages 301-303 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 14313-279.11 and has/shall be recorded at the Cabarrus Register of Deeds' office Book , Page (name of county) Source Property Anne E. Johnstone of Harrisburg, North Carolina (Owner's name) (city & state gfhomeowner) is the owner in fee simple of all 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: See Attachment A (excerpted from Cabarrus County Register of Deeds Book 9227 Page 303). Revised February 5, 2019 Page 1 of 4 submitted electronically by "Cedar Rock Environmental, P.C." in compliance with North Carolina statutes governing recordable documents and the terms of the Memorandum of understanding with the office of the Register of Deeds of Cabarrus county. NCGS 47-14(al)(5). 15697 0169 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). PERPETUAL LAND USE RESTRICTIONS Soil: Soil containing residual petroleum above applicable regulatory standard(s) remains on the site in the area identified in Figure 1, Attachment B. No soil shall be excavated or disturbed within 3 feet of the area identified in Figure 1, Attachment B 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. Revised February 5, 2019 Page 2 of 4 15697 0170 IN WITNESS WHEREOF, Anne E. Johnstone has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this I" day of December , 2021. Anne E. Johnstone name of responsible party if agent is signing) By: alz�<x-- (signature of responsible party, attorney or other agent if there is one) President, Cedar Rock Environmental, P. C. (Title of agent for responsible party if there is one) Signatory's name typed or printed: Robert A. Payne NORTH CAROLINA ke,Me,,Ai-e— COUNTY (Name of county in which acknowledgment 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: Robert A. Payne Date: Dec-em6,r I, Zo21 (Official Seal) [Aiamamn OSIAH D. PAYNE Notary Public ce Co., North Carolina Comission Expires Oct. 22, 2025 ( ature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires:, 2Z zo-2, Revised February 5, 2019 Page 3 of 4 15697 0171 Approved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) Regional Supervisor (printed name of Regional Supervisor) f" "q I- -e-,i6// Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA I,.le,Le- 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: M e r-(e �. Foc 'rr (full printed name of Regional Supervisor) Date: Vll e-m 6�.5' I ZcJ2 (Official Seal) (signature of Notary Publi JOSIAH D. PAYNE Notary/ Public(printed or typed name of Notary Public) Alamance Co., North Carolina Notary Public My Commission Expires Oct. 22, 2025 My commission expires: & zz. zr)-zt Revised February 5, 2019 Page 4 of 4 15697 0172 ATTACHMENT A Lots 28-31 and a portion of Lot 32 Block E Charles E. Johnston Homeplace Subdivision Tract I: Being known and designated as all of Lots 28, 29, 30, and 31 in Block E of the subdivision known as Charles E. Johnson Homeplace Subdivision, as same is shown on a map thereof recorded in Map Book 2 at page 66 in the Cabarrus Public Registry; reference to which is made for a more particular description. Tract II: Lying and being in Number One (1) Township, Cabarrus County, North Carolina, and being ten (10) feet of Lot Number 32 of the Subdivision of the Homeplace of Charles E. Johnston, as recorded in Map Book 2, Page 66, Cabarrus County Registry, and being located on the West side of Hickory Ridge Road, and being more particularly described as follows: BEGINNING at an iron in the western edge of the right-of-way for Hickory Ridge Road, front common corner of Lots Numbers 31 and 32 of the Subdivision of the Homeplace of Charles E. Johnston, and runs thence with the western edge of the right-of-way for Hickory Ridge Road, S. 2-24-07 E. 10 feet to an iron, a new corner; thence a new line through Lot Number 32, S. 88-03- 38 W. (through an iron at 158.00 feet) for a total distance of 199.94 feet to an iron, a new corner; thence with the back line of Lot Number 32, N. 2-27-46 W. 10.0 feet to an iron, back common corner of Lots Numbers 31 and 32; thencelwith the common dividing line between Lots Numbers 31 and 32, N. 88-03-38 E. 199.94 feet to an' iron in the western edge of the right-of-way for Hickory Ridge Road, the front common corner of Lots Numbers 31 and 32 and being the point of BEGINNING, as surveyed and platted by James T. West, R.L.S., on July 14, 1992. NOTE: The perpetual land use restrictions described in this Notice of Residual Petroleum only apply to a portion of the above described property. A portion of the above described property has been sold and is no longer part of the property wherein these land use restrictions apply'. The property described in Deed Book 14729, Page 64 and as Lot #1 of the exemption plat entitled "0.966 acre -Martha Melvin Road" recorded in Map Book 86 at Page 21 in the Cabarrus County Public Registry (parcel #55077561970000) is not affected by this Notice. This Notice only applies to Lot #2 (parcel #55077560960000) as shown on said exemption plat. 15697 0173 1'. ATTACHMENT B N NOTE: This map may not be a certified survey and has not been reviewed by a local government agency for compliance with any applicable land development regulations and has not been reviewed for compliance with recording requirements for plats. Hazem Idlibi Property Surrindranath Roop Property I T1 I House I HPA Borrower 2017-1 LLC Property I William Passmore I Property -a CU a� co m G RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) 0 20 40 80 — - Property Lines 1 Inch = 40 Feet ____; T1 = 500-Gallon UST PROJECT: Anne Johnstone Property CEDAR ROCK INCIDENT # 48135 ENVIRONMENTAL, P.C. LOCATION: 6726 Martha Melvin Road FIGURE Harrisburg, Cabarrus Co. FILENAME: 3142NoRP.fc7 CRE PROJECT NUMBER: 314222590 VERSION DATE: 11/30/21 Beverly, Trudy From: Josiah Payne <josiah.cre@gmail.com> Sent: Wednesday, December 8, 2021 5:52 PM To: Beverly, Trudy Subject: RE: FW: [External] Re: NRP review CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Will do. We are scheduled to abandon the tank tomorrow morning if all goes to plan. Josiah On December 8, 2021 17:33:38 "Beverly, Trudy" <trudy.beverly@ncdenr.gov> wrote: Received. Please email the tank closure report when available. Have a great day, Trudy Trudy Beverly, L.G. D, E�� Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality Fi `:Aw UST Section, Mooresville Regional Office rlmeirt el Hmronmenlil 4u81Y� 704.235.2182 (Office) Trudy. B everlygocdenn 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: hops://deg.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https:Hdeq.nc.2ov/about/divisions/waste-management/ust/ast-program 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-maass 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): https:Hdeq.nc.,gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: htti)s://files.nc.2ov/ncdeu/W aste%2OManaaement/D WMIUST/WhatsNew/Final-Electronic-Document-Submittal-Policy.odf hitps: Hfiles.nc. gov/ncdeg/Waste%20Management/D WMfUST/Corrective°/o2OActionfUST%20file%20names`/o20for`/o2OLaserfiche. docx From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Wednesday, December 8, 2021 4:17 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: Re: FW: [External] Re: NRP review CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Trudy, please see the attached copy of the filed NRP. Thank you! Josiah Payne (336) 684-3836 0 On Wed, Dec 1, 2021 at 12:36 PM Beverly, Trudy <trudy.beverlyAncdenr.gov> wrote: Good Afternoon Josiah & Mark, The NRP for the Anne Johnstone Property located at 6726 Martha Melvin Road, Harrisburg has been reviewed and approved (attached). It's ready for regional supervisor review and notarization. Ron and Mark are both copied on this email since Mark will be the reviewing UST supervisor. Thank you, Trudy I& Dw" Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.Beverlygncdenr.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://deg.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https:Hdcg.nc.govlabout/divisions/waste-managementlwaste-management-rules-data/waste-mana eg ment ig s=macs File Review Procedures: hi!ps:Hdeg.nc. gov/about/divisions/waste-managementlust/file-review-procedures#mooresville-re gional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hit 2s://deq.nc.gov/about/divisions/waste-managemenUlaserfiche Document Submittal & UST File Names for Laserfiche Policies: httus://files.nc.¢ov/ncdea/W aste%20Mana¢ement/D WM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.udf https:Hfiles.nc. gov/ncdeq/Waste%2OManagement/D WM/UST/Corrective%2OActionfUST%20file%20names%20for%2OLaserfiche.docx From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Wednesday, December 1, 2021 12:30 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: Re: [External] Re: NRP review CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. See revised NRP with parcel numbers. Thanks! Josiah Payne (336) 684-3836 0 On Wed, Dec 1, 2021 at 12:21 PM Beverly, Trudy <trudy.beverlykncdenr.gov> wrote: Please add the parcel numbers into the Note as an extra measure to unsure that the NORP is only filed on parcel 55077560960000 and resend the draft. Then I'll email everyone back saying that I approve it for supervisor signature. Thank you, Trudy e,��D— E UeWr f 07 L;Wi: nmenlul Ouil f Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy. B everlykncdenn 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:Hdeq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: hops://dcq.nc.gov/aboutldivisions/waste-managementlwaste-management-rules-datalwaste-mana eg ment ig s=macs File Review Procedures: https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresvil I e-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hqps:Hdeg.ne.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: httus://files.nc.gov/ncdeu/W aste%20Manaeement/D WM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.udf htv?s://files.nc.gov/ncdeq/Waste%20Management/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche. docx From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Wednesday, December 1, 2021 12:03 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] Re: NRP review CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. See revised NRP. I left the property description the same since that is what is on the deed, but added a note at the end that describes the situation. I have also attached a copy of the deed to the sold portion and plat that I reference if you want to take a look. Josiah Payne (336) 684-3836 0 On Wed, Dec 1, 2021 at 10:20 AM Josiah Payne <josiah.cre@ mail.com> wrote: Good morning, Trudy. I hope you had a great Thanksgiving! I have attached an NRP for your approval. I have also attached a copy of our inspection report. If you have any questions please let me know. We would like to take this NRP to Mark later today if possible. Thanks! Josiah Payne (336) 684-3836 0