HomeMy WebLinkAboutMO-1570_47936_C_NRP_20211007_Certified Copy of NRPCERTIFIED COPY
FREDRICK SMITH, REGISTER OF DEEDS
MECKLENBURG COUNTY, NC
720 E. FOURTH STREET
CHARLOTTE, NC 28202
(704)336-2443
State of North Carolina, County of Mecklenburg
I hereby certify that this is a true and accurate copy of the document which appears on
record in the Office of the Register of Deeds of Mecklenburg County, North Carolina as
Instrument Number 11 ' 13 in Book Number 3(o Q t<S' Page
Number 1S 5 and ending with Page Number
Witness my hand and seal this the day of (C �,— , 20,1
FREDRICK SMITH, REGISTER OF DEEDS
By:
Deputy Register of Deeds
(SEAL)
THIS CERTIFICATION SHEET IS A PART OF THE DOCUMENT
B36618 - P 852
FOR REGISTRATION
Fredrick Smith
REGISTER OF DEEDS
Mecklenburg County NC
2021 OCT 07 10:14:88 AM
8K:36618 PG:852-856
FEE:$26.00
INSTRUMENT # 2021192135
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2021192135
Returned to customer
NOTICE OF RESIDUAL PETROLEUM
Metrolina Steel, UST Incident #47936 - 1118 West Craighead Road, Charlotte, Mecklenburg County,
North Carolina
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 14313-279.9 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 14313-279.11, 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 County Register of Deeds' office.
Book , Page
Source Property
EAA LLC of Charlotte, North Carolina is the owner in fee 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:
t9
B36618 - P 853
BEGINNING at a point in the right of'way of ' West Craighead Road, said point being the .southeasterly
front corner of the property of Hucks Piggyback Service (now or formerly Book 6767 Page 47, tax
parcel 087-041-04); thence with the easterly boundary of said Hucks Piggyback Service property
three (3) calls and distances as follows: 1) N 40-18-08 E 306.39.feet to an iron pin (passing through
an iron pin in the northerly margin of the right of'way of West Craighead Road at 30.03 feet); 2) N
50-01-19 W 164.92 feet to an iron pin; 3) N 48-47-44 E 205.42 feet to an iron pill; thence with the
easterly boundary of the property of'Charleston Properties, LLC (now or,formerly Book 15015 Page
337, tax parce1087-041-15) five (5) calls and distances as.follows: 1) S34-25-51 E 20.14 feet to an
iron pin; 2) N 45-24-08 E 135.39 feet to an iron pin; 3) N 42-52-19 E 82.51 feet to an iron pin; 4) S
68-56-88 E 248.82 feet to an iron pin; and 5) S 68-56-23 E 60.03 feet to an iron pin; thence with the
westerly boundary of'the property of Mecklenburg County (now or_formerly Book 8142 Page 684, tax
parcel 087-041-18) and the property of Center Grove AME Zion Church (now orformerly Book 222
Page 392, tax parcel 087-041-08) two (2) calls and distances as.follows: 1) S O4-22-26 W 329.15.feet
to an iron pin; and 2) S O4-24-08 W 387.61 feet to an iron pin; thence with the westerly boundary of
the property of T. L. Shoupe (now or formerly Book 2584 Page 155, tax parcel 087-041-06) S 32-18-
22 W 156.07 feet (passing through an iron pin in the northerly margin of the right of *way of West
Craighead Road at 128.02 feet; thence with the easterly boundary of the property of'Legacv Capital
Investments (now orJorrnerly Book 22860 Page 389, tax parcel 087-041-11) two (2) calls and
distances as follows:1) N 3 2-16-2 2 E 143.58 feet (passing through an iron pin in the northerly margin
of the right of way of West Craighead Road at 30.05 feet); 2) N 04-22-24 E 154.46 feet to an iron pin;
thence with the property of Allman Company Charlotte, LLC (now or formerly Book 18398 Page 813,
tax parcel 087-041-12) three (3) calls and distances as follows: N 04-22-24 E 179.75 feet to all iron
pin; 2) N 57-35-22 W 231.55 feet to an iron: pin; and 3) S 36-29-32 W 440.21 feet to a point in the
right of way West Craighead Road (passing through an iron pin at 50.05 feet and passing through
another iron pin in the northerly margin of the right of way of West Craighead Road at 410.09 feet);
thence in the margin of the right of way of West Craighead Road two (2) calls and distances as
follows: 1) N 58-35-07 W 116.03 feet to a point; and 2) in a westerly direction with the arc of a
circular curve to the right having a radius of 158.93 feet an arc distance of 63.98 feet (chord bearing
N 54-09-45 W and chord distance of 53.97 feet) to the place of'BEGINNING, and being 5.7658 acres,
more or less, according to survey by Daryl D. Kaseman, PLS. dated December 4, 2007.
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).
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.
2
B36618 - P 854
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, EAA LLC has caused this Notice to be executed pursuant to
N.C.G.S, Sections 1438-279.9 and 143B-279.11, this / day of a lob >er , 2021.
By.
Signatory's name typed or printed: r 1406-1t—
NORTH CAROLINA
MeGLJy,,burq COUNTY
(Name of county in whicl�dgment was taken)
/-2 z f�/O1--
I certify that the following person perso ally appeared before me this day, acknowledging to me that he or
she signed the foregoing document: 6� �a a-'' fl � Y "0 Yi C 4 RAZ�j OV
Date: 10
(Official Seal)
expires: 5 � � SA
(.signature Jf Notaiy Public) t
printed or typed name of Nolary Public)
Notary Public
My commission
B36618 - P 855
Approved for the purposes of N.C.G.S. 14313-279.11
(signature of Regional Supervisor)
Ronald H. Taraban, Ph.D.
Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environmental Quality
�r"(( 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 Supervisory
J
AN
Ore t%0Tq
A41 My R�
ex
fid �
•ycc� �g L1G v
{
Sherian R. Black Notary Public
Notary Number: 20041820022
My commission expires:
July 12, 2024
Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, September 13, 2022 2:14 PM
To: Brett Lawrence
Subject: RE: [External] RE: Metrolina Steel - UST Incident #47936 — Conditional No Further Action
Received.
Trudy
rlre� d €aYaxnent�� ouaN'Je
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.Beverly(c ,ncdenn 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
UST Petroleum Releases Website Address: https://deg.nc.goy/about/divisions/waste-management/underground-storage-tanks-section/corrective-action-branch
Non -UST Petroleum Releases Website Address: https://deg.nc.gov/about/divisions/waste-management/ust/nonust-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httos://dea.nc. eov/about/divisions/waste-manaaement/waste-manaeement-rules-data/waste-management-ais-mans
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://deq.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
hns:Hfiles.nc. gov/ncdeq/Waste%20Management/D WM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policypdf
https:Hfiles.nc. gov/ncdeg/Waste%2OManagement/DWM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche. docx
From: Brett Lawrence <BLawrence@harthickman.com>
Sent: Tuesday, September 13, 2022 12:10 PM
To: Beverly, Trudy <trudy.beverly@ncdenr.gov>
Subject: [External] RE: Metrolina Steel - UST Incident #47936 — 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,
Please see attached certified copy of the filed NRP (from October 2021) and certified mail receipts for the above
project. Please let me know if you need anything further.
Thanks,
Brett
Brett Lawrence, PG, Sr. Project Geologist
Hart & Hickman, PC
2923 S Tryon Street, Suite 100 • Charlotte, NC 28203
Direct: (704) 887-4601 • Mobile: (704) 400-5467
www.harthickman.com
From: Beverly, Trudy <trudV.beverlV@ncdenr.gov>
Sent: Tuesday, October 5, 2021 2:39 PM
To: Brett Lawrence <BLawrence@harthickman.com>; Caldwell, Shawna <Shawna.Caldwell@mecklenburgcountync.gov>;
Morris, Brett L. <Brett.Morris@mecklenburgcountync.gov>; Yuriy Vaynshteyn<VuriV.vaynshteyn@engelvoelkers.com>;
John Desiatnikov <lohn@agcrealestate.com>
Subject: Metrolina Steel - UST Incident #47936 — Conditional No Further Action
Please see the attached Conditional No Further Action letter for Metrolina Steel located at 1118 West Craighead,
Charlotte, Mecklenburg County, North Carolina (UST Incident #47936).
Brett L. — The original NRP will be mailed out to you today for filing with the Mecklenburg County Register of Deeds
office.
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
z!5-of D-� E Q North Carolina Department of Environmental Quality
r" �` 111" UST Section, Mooresville Regional Office
run�ne �t qu.Yry�`
704.235.2182 (Office)
Trudy.Beverly�rc ,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-proeram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://dea.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-ais-mans
File Review Procedures:
hns://deq.nc. gov/about/divisions/waste-management/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:
htti)s:Hfiles.nc.¢ov/ncdea/Waste%2OManasement/DWNVUST/W hatsNew/Final-Electronic-Document-Submittal-Policy.adf
https:Hfiles.nc. gov/ncdeg/Waste%20ManagementIDWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx