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HomeMy WebLinkAboutMO-29960_49046_C_NRP_20230608_Filed Notice of Residual PetroleumB38177 - P 137 For Registration Fredrick Smith Register of Deeds Mecklenburg County, NC Electronically Recorded 2023 Jun 08 04:29 PM RE Excise Tax: $ 0.00 Book: 38177 Page: 137 - 141 Fee: $ 26.00 Instrument Number: 2023054167 NOTICE OF RESIDUAL PETROLEUM Patricia Cowden Boyd Revocable Trust Property , 49046 , Mecklenburg County, North Carolina (Site name) (Incident #) Current property owner's Deed Book 35867 Page 649-651 Site Address 421 Rensselaer Avenue, Charlotte, NC 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 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) Source Property Patricia Cowden Boyd Revocable Trust c/o Molly Hunt 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 23, Block 2, of the M. J. Rigler property as shown on a map thereof in Map Book 3, Page 347, of the Mecklenburg County Public Registry. (Excerpted from Mecklenburg County Register of Deeds Book 35867, Page 649). 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, Patricia Cowden Boyd Revocable Trust c/o Molly Hunt has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 81 day of June , 2023. Patricia Cowden Bovd Revocable Trust c/o Mollv Hunt (name of responsible party if agent is signing) By: (/ . (signa of responkhle party, attorney or other agent if there is one) Vice President, Cedar Rock Environmental, P. C. (Title of agent for responsible party if there is one) Signatory's name typed or printed: Josiah D. Payne NO tXDLINA 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: Josiah D. Payne Date: t,)l C/ Pw y- 2) o,&�11L�11_ (Official Seal) (signature of Notary Public) aff��T printed or typed name of Notary Public) Notary Public My commission expires: ,) No "CAR p RA 0 P John Noy: f-? My C hnston Co Carolina °Mmi amy, �a UO 23°;EXpires Revised February 5, 2019 Page 3 of 4 Approved for the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) /`/1f121-C R /)WIO -5 , Regional Supervisor (printed name of Regional Supervisor) R d 6 1 f-oi, 47r-1 Regional Office UST Section Division of Waste Management Department of Environment Quality NO OLINA COUNTY (Name of county in which acknowledgment was taken) I certify that the following person(s) personally appeared bpfore me this day, each acknowledging to me that he or she signed the foregoing document: (full printed name of Regional supervisor) Date: (� (Official Seal) (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission expires: 2bZ No aARIBA $ ©p RKE My C hnst0n Co nCaroli R janUamrssi0n §P�es 8 2� Revised February 5, 2019 Page 4 of 4 ATTACHMENT A 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. Horizon Development Properties Inc. Property / \ Mark Williams / Property William Michelsen / Property / /T1 House Stefano Pavesi Property / / \ Nancy Weekley / Property �j a,,,it, 'N \ RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) : Property Lines r ----- I : T1 = 560-Gallon UST 1 inch = 40 feet PROJECT: Revocable TrustProperty CEDAR ROCK INCIDENT#: 49046 ENVIRONMENTAL, P. C. LOCATION: 421 Rensselaer Avenue FIGURE 1 Charlotte, Mecklenburg Co. FILENAME: 3666NoRP.tcw CRE PROJECT NUMBER: 366622690 VERSION DATE: 617/2023 Beverly, Trudy From: Beverly, Trudy Sent: Thursday, June 15, 2023 7:48 AM To: Josiah Payne Cc: Damien Callaghan Subject: RE: FW: [External] UST-61 form submission for the Patricia Cowden Boyd Revocable Trust Property, 421 Rensselaer Ave, Charlotte, Mecklenburg Co. - UST Incident #49046 Received. Trudy z�D-�EQ7> rFi ' m4 Ou81Y�� 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. BeverlyL&deq.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: https:Hdeg.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: hit2s://deq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://deg.nc.gov/about/divisions/waste-management/waste-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-manaizement/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https://files.nc.¢ov/ncdea/Waste%20Mana¢ement/D WM/UST/W hatsNew/Final-Electronic-Document-Submittal-Policv.ndf https:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file°/a20names°/`20for%2OLaserfiche.docx From: Josiah Payne <josiah.cre@gmail.com> Sent: Wednesday, June 14, 2023 5:44 PM To: Beverly, Trudy <trudy.beverly@deq.nc.gov> Cc: Damien Callaghan <damienjc@gmail.com> Subject: Re: FW: [External] UST-61 form submission for the Patricia Cowden Boyd Revocable Trust Property, 421 Rensselaer Ave, Charlotte, Mecklenburg Co. - UST Incident #49046 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 our tank abandonment report for this site. Please send me a copy of the CNFA when you have a chance. Thanks! Josiah Payne, L.G. (336) 684-3836 On Thu, Jun 8, 2023 at 4:37 PM Josiah Payne <losiah.cre@gmail.com> wrote: Trudy, I have attached the filed NRP. Thanks again for looking at this so quickly! Our client will appreciate it! Josiah Payne, L.G. (336) 684-3836 On Thu, Jun 8, 2023 at 8:29 AM Josiah Payne <losiah.cre@gmail.com> wrote: Thank you, Trudy! Josiah On June 8, 2023 08:06:22 "Beverly, Trudy" <trudy.beverly(o-)deg.nc.gov> wrote: Good Morning Josiah & Mark, I've review the attached draft NRP and all looks good. It's ready for Regional Supervisor review and approval. The site has been added to the RUST database (Incident #49046) and is classified as low risk due to no water supply wells observed within 150 feet of the release. Site Name — Patricia Cowden Boyd Revocable Trust Property UST Number MO-29960 Incident #49046 Have a great day, Trudy D E Vep.irlmen! W Lnn�onmenl�� Our �� 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 deq.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: hgps://deg.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: hgps:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://deq.nc.gov/about/divisions/waste-managementlwaste-management-rules-data/waste-mana eg ment ig s=mans File Review Procedures: https:Hdeq.nc. gov/about/divisions/waste-managementlustlfile-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hi!ps:Hdeg.ne.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: htti)s://files.nc.gov/ncdeu/W aste%20Manaaement/D WM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.odf htv?s://files.nc.gov/ncdeq/Waste%20Management/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche. docx From: Josiah Payne <josiah.cre@gmail.com> Sent: Thursday, June 8, 2023 6:47 AM To: Beverly, Trudy <trudy.beverly@deg.nc.gov> Cc: Damien Callaghan <damienic@gmail.com>; Bob Payne <cedarrockenv@gmail.com> Subject: Re: [External] UST-61 form submission for the Patricia Cowden Boyd Revocable Trust Property, 421 Rensselaer Ave, Charlotte, Mecklenburg Co. 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. Good morning, Trudy. I have attached the NRP for this site. Our client has closing scheduled for tomorrow at noon. If possible, will you take a look at it so we can take it to Mark for signing today? If you have an incident number, I can add it to the NRP before filing. Thank you! Josiah Payne, L.G. (336) 684-3836 On Thu, Jun 8, 2023 at 6:29 AM Beverly, Trudy <trudy.beverly@deq.nc.gov> wrote: Received. Trudy 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.l3everl y(0_ deq. n c . 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: hgps://deq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: httos:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-proaram INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: ht!ps: //deq.nc. eov/about/divisions/waste-management/waste-mana,aement-rules-data/waste-management-gis-maps File Review Procedures: https:Hdeq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hitps:Hdeg.nc.,gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: htti)s://files.nc.gov/ncdeu/W aste%20Manaaement/D WM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.odf https:Hfiles.nc.gov/ncdeq/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche. docx From: Damien Callaghan <damienic@gmail.com> Sent: Wednesday, June 7, 2023 8:36 PM To: Beverly, Trudy <trudy.beverly@deg.nc.gov> Cc: Josiah Payne <josiah.cre@gmail.com>; Bob Payne <cedarrockenv@gmail.com> Subject: [External] UST-61 form submission for the Patricia Cowden Boyd Revocable Trust Property, 421 Rensselaer Ave, Charlotte, Mecklenburg Co. 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. Hi Trudy Attached is the UST-61 form for a release at the above property with a copy of our inspection report. Damien Callaghan Cedar Rock Environmental 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.