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HomeMy WebLinkAboutMO-29889_48982_C_NRP_20240501_Certified Filed NRPVia US Mail April 8, 2024 NC DEQ Division of Waste Management UST Section 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Attention: Ms. Trudy Beverly RE: Notice of Residual Petroleum TPM Properties Limited Partnership Property 3201 Tuckeseegee Road Charlotte, NC H&H Job No. TPM.001 Dear Trudy, hart hickman SMARTER ENVIRONMENTAL SOLUTIONS RECEIVED MAY 0 6 2021 NCDEC i-'O UST On behalf of TPM Properties Limited Partnership, please find attached a certified copy of the Notice of Residual Petroleum (NRP) for the above -referenced property recorded at the Mecklenburg County Register of Deeds office on May 1, 2024. If you have any questions or comments, please do not hesitate to contact me. Sincerely, Hart & Hickman, PC Stephen R. Libbey, P.G. Project Manager Enclosures cc: TPM Properties Limited Partnership (via email) -- - --- ..- -- --— ---- - -- - -- 2923 South Tryon Street, Suite 100 3921 Sunset Ridge Rd , Suite 301 Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com 704.586.0007 main 919.847.4241 main CERTIFIED COPY FREDRICK SMITH, REGISTER OF DEEDS MECKLENBURG COUNTY, NC 720 E. FOURTH STREET CHARLOTTE, NC 28202 (704)336-2443 State of North Carolina, County of Mecklenburg I hereby certify that this is a true and accurate copy of the document which appears on record in the Office of the Re ister of Deeds of Mecklenburg C9 nt , North Carolina as Instrument Number aoa� 3��+� in Book Number J 15 Page Number 491 and ending with Page Number Witness my hand and seal this the V day of , 20 0-)+. FREDRIWMITH, REGISTER OF DEEDS e uty Re st r of Deeds �'WIL. s THIS CERTIFICATION SHEET IS A PART OF THE DOCUMENT B38789 - P 491 FOR REGISTRATION Fredrick Smith REGISTER OF DEED NC Mecklenburg County 2024 MAY 01 11:28: 7 AM BK-38789$26.001-495 FEE:INSTRUMENT # 2024039416 CASHSTA 2024039416 Returned to customer NOTICE OF RESIDUAL PETROLEUM TPM Properties Limited Partnership Property, Mecklenburg County, North Carolina (site name) 34737--687 — - - - . - - - — (Incident Number) (Deed Book Pages of Property Deed to be Restricted) 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 14313-279.9 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 Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg (name ofcounty) Register of Deeds' office Book and.Page referenced -above, and has been/shall be incorporated into the Notice by this reference. ' Source Property TPM Properties Limited Partnership of Charlotte. NC is the owner in fee simple of all (owner's name) (city & state ofhomeoivner) 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: pa� Ito C ha,� 1 G' Revised October 2022 B38789 - P 492 roc t:(Tax PdC01065�U44-11), (3427.eiiii 3201 `tuci aseegee:�toad Charlotte; IG�„ -Traci � ('I'n:t Pan;el.06S=Q�-3�t?7j,f��UQ'Luakege�6nce-Rgad.�:Chn_rlotte;NCj. BEING ul1 of-L tO S, Block. 1:bf-thc',Nfr6: V.b::ble.Quay,P;..do ty, pccordln8 to the-plat- thereoli rectirdetl in`iti(ap Boot Pdge;285, in' fhe Office. a£ 6; Register of Deeds of 'Meco.chburg'CountyNorth Carolina. Being tlic'stiuic prap%ity-as sct'fi ii}rttiii'decd'as Midi M-in-a diW-recorded ltine 21,10M from the named Trustees of Mount Carmel Baptist Church to Mount Carmel Baptist Church of Charlotte, Inc., in Book 17372, Page 784, MCPR. Additional Affected Property Also Subject to Restrictions N/A of is the owner in fee simple of a portion of (owner's tVame) (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 ielease at the time the discharge or release was discovered or reported, or at any time thereafter. This property is known and legally described as: Revised October 2022 B38789 - P 493 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�gr its successor in function). 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: Not Applicable PERPETUAL LAND USE RESTRICTIONS _Groundwater: Groundwater from the site is prohibited fi om use as o water supply. Prater supply wells of anykind shall not be installed or operated on the site. Revised October2022 B38789 - P 494 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 naay 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 WTMREOF, TPM Properties Limited Partnership has caused thU''s Notice to be cxgcuted pursuant to N.C.<<'.S. Sections 143B-279.9 and 143B-279.11, this ay of mil+ ,2Q . name of onsible party if agent is signing) T ----- - - -- - — -By:----- (signature of responsible party, attorney or other agent rf there is one) ESN r:.RA t_ PPI--t v 6 !Z (title of •agent for responsible party t(there is one) Signatory's name typed or printed: —0 q MA-5 ) TP? PA P NOXTI CAR LINT A C ) COUNTY (Name of county in which acknowledgment was taken) I certify that the following person(s) personally, ,eared before me s day, each ackn.owled mg to me that he or she signed the foregoing document: d , V U Q.5 i� D Yt Date: �' FI �2 (Official Seal) ������rtlirrsri CftS .-� %BOG ••.....•••rti, Ty CAR \I (Su�� 6ignure-of Diary A44 t) Printed or typed nam of Notary Public) Notary Public My commission expires:) 4 Revised October 2022 B38789 - P 495 Approved for the purposes of N.C.G.S. 14313-279.11 _ _(signature-ofltegional Super_visorJ Ronald H. Taraban, Ph.D. Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environmental Quality y�e�zlf County, State of North Carolina 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: Ronald H. Taraban (printed name of Regional Supervisor) J Date: Sherian R. Black, Notaryy Public Notary Number: 20041820022 My commission expires: July 12, 2024 AZ"B iL1 I