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HomeMy WebLinkAboutMO-28796_48021_C_NRP_20210908_Filed Notice of Residual PetroleumB36501 - P 514 For Registration Fredrick Smith Register of Deeds Mecklenburg County, NC Electronically Recorded 2021 Sep 08 08:32 AM RE Excise Tax: $ 0.00 Book: 36501 Page: 514 - 518 Fee: $ 26.00 Instrument Number: 2021171699 NOTICE OF RESIDUAL PETROLEUM Suzanne Wittebort Property Pending , Mecklenburg County, North Carolina (Site name) (Incident #) Current property owner's Deed Book 7119 Pages 9-10 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 14311-279.11. 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 14311-279.11, are strictly complied with. This "Notice of Residual Petroleum" is composed of a description of the property, the location of I he 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 14313-279.9 and 143B-279.11 and has/shall be recorded at the Mecklenburg Register of Deeds' office Book Page (name of county) Source Property Suzanne Wittebort of Charlotte, North Carolina (Owner's name) (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 14 in Block I of H. C. SHERRILL COMPANY (also known as WAKEFIELD FARM), as shown on map thereof recorded in Map Book 5, page 219, in the office of the Register of Deeds for Mecklenburg County, North Carolina. (Excerpted from Mecklenburg County Register of Deeds Book 7119 Page 9). 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 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 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. 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 IN WITNESS WHEREOF, Suzanne Wittebort has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 71' day of September , 2021. Suzanne Wittebort of responsible par z s signing) By: (signature of responsible par , attorney or other agent if there is one) President, Cedar Rock Environmental, P. C. (Title of agent for responsible parry if there is one) Signatory's name typed or printed: Robert A. Payne NORTH CAROLINA A 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: 7, (Official Seal) JOSIAH D. PAYNE Notary Public Alamance Co., North Carolina My Commission Expires Oct, 22, 2025 (s: ature of Notary Public) oSlw 9. (printed or typed name of Notary Public) Notary Public My commission expires: G: < 2 2y Revised February 5, 2019 Page 3 of 4 Approved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) /L1�2PC Pe4l-'R,5 , Regional Supervisor (printed name of Regional Supervisor) R11L /' �' /y Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA ,A) eL 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: Ax-y-i - IV (POLL 1 (full printed name of Regional Supervisor) Date: �<r 1 --2y�Z l (Official Seal) (signature of Notary Public) JOSIAH D. PAYNE �� ��� printed or typed name of Notary Public) Notary Public Notary Public Alamance Co., North Carolina My Commission Expires Oct. 22, 2025 My commission expires: . Z7 202,E Revised February 5, 2019 Page 4 of 4 ATTACHMENT 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. Garrett Lucas Property Janish Patel _ Property T1 Mitchell Anderson Property House Trevor Marticke - Property � = a x Graham Dennis Property 0 20 40 80 1 Inch = 40 Feet PROJECT: Suzanne Wittebort Property INCIDENT # Pending LOCATION: 3130 Fairfax Drive Charlotte, Mecklenburg Co. CRE PROJECT NUMBER: 327022590 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: 3270-Figl .fc7 VERSION DATE: 913121 Beverly, Trudy From: Beverly, Trudy Sent: Monday, September 13, 2021 6:57 AM To: Josiah Payne Subject: RE: FW: [External] NRP Review - Suzanne Wittebort Property Received. Trudy Trudy Beverly, L.G. D IE �1 Hydrogeologist, Division of Waste Management _ North Carolina Department of Environmental Quality Q� LF Pa.rI n. of Lnorun,w 0MOT ` 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: ht_pt s://deg.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: hgps:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: httns://deu.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-mans File Review Procedures: ht_pt s://deq.nc.gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): htt2s://deg.nc.gov/about/divisions/waste-mana2ement/laserfiche Document Submittal & UST File Names for Laserfiche Policies: httys:Hfiles.nc.eov/nedea/Waste%2OMana2ement/DWM/UST[WhatsNew/Final-Electronic-Document-Submittal-Policy.odf https:Hfiles.nc.gov/ncdeg/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Saturday, September 11, 2021 8:49 AM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: Re: FW: [External] NRP Review - Suzanne Wittebort Property CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Good morning, Trudy. I have attached a copy of the filed NRP. Thanks! Josiah Payne (336) 684-3836 Cedar Rock ENVIRONMENTAL On Tue, Sep 7, 2021 at 7:09 AM Josiah Payne <josiah.cre(&,gmail.com> wrote: Thank you, Trudy! Josiah On September 7, 2021 07:07:11 "Beverly, Trudy" <trudy.beverly(c)ncdenr.gov> wrote: Good Morning Josiah & Mark, The NRP for the Suzanne Wittebort Property 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. Have a great day, Trudy D� E Q UeWl nkc+ Lnn�onmen m46urpr 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:Hdeq.nc.gov/about/divisions/waste-managementlwaste-management-rules-data/waste-mana eg ment ig s=mates 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: https://files.nc.uovincdea[W aste%2OManauement/D WM/UST/W hatsNewIFinal-Electronic-Document-Submittal-Policy.pdf hitps: //files.nc. gov/ncdeq/Waste%20Management/D WMfUST/Corrective%2OActionfUST%2Ofile%20names%20for%2OLaserfiche. docx From: Josiah Payne [mailto:josiah.cre@gmail.com] Sent: Monday, September 6, 2021 9:19 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] 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. Good evening, Trudy. I hope you had a good labor day weekend! Would you mind taking a look at the attached NRP for approval? We will be meeting with Mark around lunch time tomorrow (Tuesday) and it would be great if we could get this NRP signed then. I have also attached our inspection report that states the site is Low Risk, our abandonment report, and the UST-61 just so you have it all here. Please let me know if you have any questions. Josiah Payne (336) 684-3836 ON�Cedar Rock ENVIRONMENTAL