HomeMy WebLinkAboutMO-28174_47433_C_NRP_20201023_Filed Notice of Residual PetroleumFor Registration
Fredrick Smith
Register of Deeds
Mecklenburg County, NC
Electronically Recorded
2020 Oct 23 11:23 AM RE Excise Tax: $ 0.00
Book: 35219 Page: 78 - 82 Fee: $ 26.00
Instrument Number: 2020176161
3MLS ".
NOTICE OF RESIDUAL PETROLEUM
Tim Cool Property Mecklenburg_ 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 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 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
Timothy L. Cool Revocable Trust dated September 29, 2020
Lisa L. Cool Revocable Trust dated September 29, 2020 c/o Tim Cool of Charlotte, North Carolina
(Owners ' names) (city & state of homeowner)
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:
BEING all of Lot 8 of BELLWOOD as same is shown on map thereof recorded in
the Mecklenburg County Public Registry in Map Book 9 at Page 303. (Excerpted
from Mecklenburg County Register of Deeds Book 35114, Page 517).
Revised January 15, 2013
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 submitter agreement with the Mecklenburg county Register of Deeds.
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: Soil containing residual petroleum above applicable regulatory standard(s) remains on the site in
the area identified in Figure 1, Attachment A. No soil shall be excavated or disturbed within 3
feet of the area identified in Figure I 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.
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 January 15, 2013
Page 2 of 4
IN WITNESS WHEREOF, Timothy L. Cool Revocable Trust dated September 29, 2020 & Lisa
L. Cool Revocable Trust dated September 29, 2020 c/o Tim Cool has caused this Notice to be executed
pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 22nd day of October , 2020.
Timothy L. Cool Revocable Trust dated September 29, 2020
Lisa L. Cool Revocable Trust dated September 29, 2020
c/o Tim Cool
(name resp nsible party if is signing)
By:
(signature of responsible party, attorneyidr 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
_ AI&Kari.ce 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: &44Pk-X rZZ., Z02-0
1
(Official Seal)
JOSIAH D PAYNE
NOTARY PUBLIC
ALAMANCE COUNTY, N.C.
My Commission Expires 10-22-2020.
rgnature o otary Public)
T6,sc,"L L-- Pa ?4 -
(printed or typed name of Notary Public)
Notary Public
My commission expires: C�-4. ZZ-t 'Zczo
Revised January 15, 2013
Page 3 of 4
Approved for the purposes of N.C.G.S. 14313-279.11
`!�"Ofrq "'O'�
(signature of Regional Supervisor)
Mark R. Powers , Regional Supervisor
(printed name of Regional Supervisor)
Raleigh Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
wl� ke: 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: Maj-Ic (full printed name of Regional Supervisor)
Date: 0(-*o1Q r Zz-, 20Lo
(Official Seal) signature of Notary Public)
�5[�t `V ?�u(he—
JOSIAH D PAYNE (printed or typed name of Notary Public)
NOTARY PUBLIC Notary Public
ALAMANCE COUNTY, N.C.
My Commission Expires 10-22-2020. My commission expires: 04 u -ZO-2&
Revised January 15, 2013
Page 4 of 4
ATTACHMENT A
N
John
1 Roger Gum 1 Christenbury \ Kevin Arawattigi
Scott King , Property , Property , Property
Property 1 p Y
NOTE:
/ This map may not be a certified survey
Robert and has not been reviewed by a local
/ T1 Gonzalez government agency for compliance with
g g Y p
\ Property any applicable land development regulations
and has not been reviewed for compliance
\ with recording requirements for plats.
House
William —� \
Capps \ T1
Property \
House ,
Bellwood Lane
0 40 80 160
1 Inch = 80 Feet
PROJECT: Tim Cool Property _
INCIDENT # Pending
LOCATION: 4411 Bellwood Lane
Charlotte, Mecklenburg Co. _
CRE PROJECT NUMBER: 304022590
1 inch = 40 feet /
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
— — — : Property Lines
: T1 = 550-Gallon UST
CEDAR ROCK
ENVIRONMENTAL, P.C. FIGURE 1
FILENAME: 3040NoRP.fc7
VERSION DATE: 9/28/2020
Beverly, Trudy
From: Beverly, Trudy
Sent: Monday, October 26, 2020 9:46 AM
To: Josiah Payne
Subject: RE: FW: [External] NRP Review
Received.
Thanks and have a great day,
Trudy
;tii�ic:arx• r,
rmrM �nvrmmenc,i Owm
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(a�ncdenr. og_v
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://deg.nc.Rov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hit2s://deq.nc.aov/about/divisions/waste-management/ust/ast-proeram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httos://dea.nc. eov/about/divisions/waste-management/waste-manaaement-rules-data/waste-management-eis-mans
File Review Procedures:
ht_pt s://deq.nc.gov/about/divisions/waste-management/ust/file-review-procedures#mooresvilIe-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
htt 2s://deq.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
httys:Hfiles.nc.aov/nedeci/Waste%2OManaeement/DWMIUST/WhatsNew/Final-Electronic-Document-Submittal-Policy.odf
https:Hfiles.nc. gov/ncdeq/Waste%2OManagement/DWM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche. docx
From: Josiah Payne [mailto:josiah.cre@gmail.com]
Sent: Monday, October 26, 2020 9:35 AM
To: Beverly, Trudy <trudy.beverly@ncdenr.gov>
Subject: Re: FW: [External] NRP Review
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
report.spam@nc.gov
Good morning, Trudy. I have attached copies of the filed NRPs. Thanks again for looking at these so quickly!
Josiah Payne
0
On Thu, Oct 22, 2020 at 9:41 AM Josiah Payne <josiah.crekgmail.com> wrote:
Great! Thank you for looking at these so quickly, Trudy! We are scheduled to meet with Mark at 1:00
today. I'll forward you a copy once we get them filed.
Josiah
On October 22, 2020 06:38:43 "Beverly, Trudy" <trudy.beverly(cDncdenr.gov> wrote:
Good Morning Josiah & Mark,
The John Ricciardi Property and Tim Cool Property draft NRPs have been reviewed by me and are ready for UST
Regional Office Supervisor approval and signature.
Thanks and have a wonderful day,
Trudy
uewrimens wk�endL i�nY��
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.Beverlykncdenr.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: htWs:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https:Hdeg.ne.gov/about/divisions/waste-management/waste-management-rules-datalwaste-mana eg ment ig s-maps
File Review Procedures:
https://deg.nc. gov/about/divisions/waste-managementlust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hops://deg.nc. gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.Eov/ncdea/W aste%20Mana¢ement/D WM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.udf
https://files.nc.gov/ncdcgiW aste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche. docx
From: Josiah Payne [mailto:josiah.cre@gmail.com]
Sent: Wednesday, October 21, 2020 10:27 PM
To: Beverly, Trudy <trudy.beverly@ncdenr.gov>
Cc: Powers, Mark <mark.powers@ncdenr.gov>
Subject: [External] NRP Review
xternal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Hey Trudy,
Would you mind taking a look at the two attached NRPs for approval? They are for:
1. John Ricciardi Property at 7229 Rockland Drive, Charlotte
2. Tim Cool Property at 4411 Bellwood Lane, Charlotte
The John Ricciardi Property is currently High Risk but he will be abandoning his inactive well to get Low
Risk followed with abandonment of the UST. The Tim Cool Property is Low Risk and we abandoned his
UST last week. I have attached a copy of our abandonment report.
We would like to take these NRPs by Mark sometime tomorrow (10/22) for him to sign.
Thanks!
Josiah Payne
0