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