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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 JONESAW �IlNllllll�lld!IIN9�11�'�Ilf � 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