HomeMy WebLinkAboutMO-29960_49046_G_C_20230608_Draft NRP for UST ReviewNOTICE OF RESIDUAL PETROLEUM
Patricia Cowden Boyd Revocable Trust Property , Pending , 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
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 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.
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 143B-279.9 and 143B-279.11, this 8'
day of June , 2023.
Patricia Cowden Boyd Revocable Trust c/o Molly Hunt
(name of responsible party if agent is signing)
Lo
(signature of responsible 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
NORTH CAROLINA
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:
(Official Seal)
Page 3 of 4
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission expires:
Revised February 5, 2019
Approved for the purposes of N.C.G.S. 14313-279.11
(signature of Regional Supervisor)
, Regional Supervisor
(printed name of Regional Supervisor)
Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
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: (full printed name ofRegional supervisor)
Date:
(Official Seal)
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission expires:
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
i Property
William Michelsen i
Property /
/T1
Stefano Pavesi
Property
/ House / \
i
\ Nancy Weekley
Property
s�,�
dery \,
Le �
: RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
Property Lines
T1 = 560-Gallon UST
1 inch = 40 feet
PROJECT: Revocable Trust Property CEDAR ROCK
INCIDENT#: Pending ENVIRONMENTAL, P. C.
LOCATION: 421 Rensselaer Avenue FIGURE 1
Charlotte, Mecklenburg Co. FILENAME: 3666NoRP.tcw
CRE PROJECT NUMBER: 366622590 VERSION DATE: 6/7/2023