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HomeMy WebLinkAboutMO-9501_40937_C_NRP_ 20201106_Filed Notice of Residual PetroleumB35285 - P 496 FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburg County NC 2020 NOV 06 03:T2 8 PM BK:35285 PG:496-501 FEE:$26.00 INSTRUMENT # 2020187053 BAKERFR ��I'��II!IIII��IIP�III'Iwll'�' 2020187053 NOTICE OF RESIDUAL PETROLEUM GASC 2321 Bay 7 Lift (UST Incident #40937) , 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 Environment Quality (or its successor in function), as authorized by N.C.G.S. Section 143B-279.9 and 143B-279.11. The North Carolina Department of Environment 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 County Register of Deeds' office (name of county) Book , Page Any map or plat required by DEQ has been/shall be recorded at the Register of (name of county) Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Mkt 1 L Source Property_ _Brantley Dennis Eugene Sr and Brantley Camarie Keitt of _Charlotte, NC is the owner in fee (owner's name) (city & state ofhomeowner) simple of all or a portion of the Site, which is located in the County of MecklenburgL , State of North y� oe arolina, and is known and legally described as: �f D 10 an �� � �-p CMG 3 � � CTAC,(10+-e, ZgZ7a2 Revised February 5, 2019 B35285 - P 497 8415 Old Statesville Road— Lot 4 (0.3078 acres) Being all of Lot 4 of the "Revised Final Plat of the Thomas Petroleum Map 1" property as more particularly shown on Map thereof recorded in Map Book 31, Page 697, in the Office of the Register of Deeds for Mecklenburg County, North Carolina dated April 2, 1998 and revised July 28, 1999 by Andrew G. Zoutewelle, N.C.R.L.S., to which reference is hereby made. Together With a fifteen (15') foot slope easement along the southerly Lot line of Lot 3 of Map Book 31, Page 697, aforesaid as shown thereon; provided however, should the owner of Lot 3 desire to change the grade within the 15' foot slope easement, it may do so at it's expense and maintenance, so long as it ensures the owner of Lot 4 the continued use of its property free from any adverse effects from such change in grade. Together With the rights and obligation imposed by that certain Easement of Joint Driveway, dated July 30, 1999 and recorded in Book 10709, page 819, of the Mecklenburg County Public Registry. Additional Affected Property Also Subject to Restrictions of is the owner in fee simple of a portion of (owner's Name) city & state of owner? the Site, which is located in the County of , State of North Carolina. Petroleum contamination is located on this property at the time this Notice is approved. This property was also owned or controlled by the underground storage tank owner or operator or another party responsible for the petroleum discharge or release at the time the discharge or release was discovered or reported, or at any time thereafter. This property is known and legally described as: Not Applicable Additional Affected Property Not Subject to Restrictions Additionally, residual petroleum is also located on the following property. The following property is not subject to land use restrictions pursuant to N.C.G.S. Section 143B-279.9(b). The following property is known and legally described as: Revised February 5, 2019 B35285 - P 498 Not Applicable 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. Revised February 5, 2019 B35285 — P 499 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, O has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day of ,20_ The Goodyear Tire & Rubber Company gtne esponsible a i gent is signing) By: C. (signature of responsible Trty. anon y or other agent if there is one) (Title of agent for responsible party if there is one) Signatory's name typed or printed: Fred Thomas okzo O Neff K-eA-XA 5v1 n *I i 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: CA� 124 1A uej k&v 4,a rh . gees • � A} _ is� �`���YGJ •1YC(T'1d'�'A) (signature of otary Public) 177 printed or typed name of Notary Public) 't1 01, N ; Notary Public PAULA B. CNRIST_ Attorney At law Notary Public, Statc of chip .�ti/p •.,4 �`��••' My commission has no expirahun dato. '0My commission Section 147.03 R. C. Revised February 5, 2019 B35285 - P 500 Approved for the purposes of N.C.G.S. 14313-279.11 �1 c , ignature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA Tqzleo COUNTY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ronald H . Taraban (full printed name of Regional Supervisor) Date. ��& 2O20 (official Seal) �,,•�``"SHERI,�ti ���f� r NQ s -c 0 rn Ge� +% fi X0 /C 'k.GNTy. N - , Qmtaa) �. Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 B35285 - P 501 BAY #7-SIDE WALL WEST-1 (8.0') BAY #7-SIDEWALL WEST-2 (8.0') BAY #7- SIDEWALL-SOUTH (8.0') LEGEND BAY#7- • SAMPLE LOCATION FORMER HYDRAULIC PIPING BAY #7- SIDEWALL NORTH (8.0') m� � BAY #7-SIDEWALL EAST-1 (8.0') mO BAY #7-SIDEWALL EAST-2 (8.0') AREA OF mQ � SUPPORT PILLAR ROLL UP GARAGE DOOR SUPPORT PILLAR FIGURE 2 SITE MAP GOODYEAR AUTO SERVICE CENTER #2321 8415 OLD STATESVILLE ROAD CHARLOTTE, NORTH CAROLINA PROJECT NO. PREPARED BY DRAWN BY 0 5 GY20192321 ME 1H/LK0 DATE REVIEWED BY FILE NAME SCALE IN FEET 10/18/19 KS E015087016 antea0group Beverly, Trudy From: Beverly, Trudy Sent: Thursday, June 8, 2023 9:11 AM To: Kyle Sorensen Cc: Matthew Eckmair Subject: RE: [External] RE: GASC 2321 Bay 7 Lift - UST Incident #40937 Received. Thank you, Trudy D IH �. mLYN.0111111� 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.BeverlyAdeq.nc. 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: hops://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-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://deq.nc.gov/about/divisions/waste-manay_cmcnt/waste-management-rules-data/waste-management ig s=maps File Review Procedures: https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresvilI e-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hops://deq.nc. gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https:Hfiles.nc.gov/ncdegfWaste%20Management/DWNUUST/W hatsNew/Final-Electronic-Document-Submittal-Policv.pdf htips:Hfiles.nc. gov/nedeq/Waste%20Management/DWMfUST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx From: Kyle Sorensen <Kyle.Sorensen@anteagroup.us> Sent: Thursday, June 8, 2023 9:06 AM To: Beverly, Trudy <trudy.beverly@deq.nc.gov> Cc: Matthew Eckmair <Matthew.Eckmair@anteagroup.us> Subject: [External] RE: GASC 2321 Bay 7 Lift - UST Incident #40937 CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Trudy, Attached is a copy of the NORP that was filed November 6, 2020 along with the certified mail receipts from the public notice. Example letters are also attached. Below I have included a screenshot from the Mecklenburg County Register of Deeds website should you need the instrument number to verify it has been recorded. Meckienburg County . t 1 Register of Deeds Web Access Fredrick Smith, Register Welcome Birth Death Index Book Marriage Notary Real. Uniform Commercial - Real EstateDocument Criteria: Grantor Begins with GA G;Date Filed on 111062020 and 111062020- Showing Records 1 through 1 ( 1 records found as of OC90812023 03:45:08AM count again j Get a Free Copy Other Options Results List Nev.- Search Page 1 * Sort By: Selected Images}jQnofficial}. Refine Search Selected Images}jQean} �'et a Free Copy Other Options Results List New Search Page 1 * Sort By: Selected Images)_{Unofficial}. Refine Search Selected Images){Clean}. Aumentum Recorder- Public Access Web UI. Version 21]2,] 2.0 Copyright-a-2001 -2023 Aumentum Tech nologies. All Right3 Reserved Thanks, Kyle Kyle Sorensen I Project Manager I USA Antea®Group Direct +1980 2212966 1 Mobile +1 253 230 2691 1 USA Toll Free +1800 477 7411 11325 N Community House Rd, Suite 420, Charlotte, NC 28277 kyle.sorensen@anteagroup.us I us.anteagroup.com From: Beverly, Trudy <trudy.beverly@deg. nc.gov> Sent: Thursday, June 8, 2023 7:29 AM To: Matthew Eckmair <Matthew.Eckmair@anteagroup.us>; Kyle Sorensen <Kyle.Sorensen@anteagroup.us> Subject: GASC 2321 Bay 7 Lift - UST Incident #40937 Good Morning Kyle & Matthew, N Was the NORP filed and public notice conducted for GASC 2321 Bay 7 Lift located at 8415 Statesville Road, Charlotte as requested in the October 27, 2020 Conditional No Further Action letter? Thank you, Trudy 5QiiM iIH � 4't�P.7 iimenl -�'~j m40ua�� 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.l3everly9deq.nc. 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://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-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: hops://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg mentig s=mates File Review Procedures: hitps: //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: httys://files.nc.¢ov/ncdea/Waste%2OMana¢ement/DWMIUST/W hatsNew/Final-Electronic-Document-Submittal-Policv.l)df hops://files.nc. gov/ncdeq/Waste%2OManagement/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.