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HomeMy WebLinkAboutWS-9740_44941_C_NRP_20171114FILEDALAMANCE COUNTY, NCHUGH WEBSTERREGISTER OF DEEDSNov 17 ,201704:00:43 PmFILEDATBooK 03719Srnnr pAcE o4o4END pAGE 0408INSTRUMENT # 42641EXCtSe fnX (None)LDNOTICE OF RESIDUAL PETROLBUMBen Maddrev Pronertv. Llttqqt.(Site nane) (lncidenr #)Current property ownerts Deed Book 705 Pages216-217Alamance, North CarolinaThe 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 NorthCarolina's Statutes and Regulations, which consist of N.C.G.S. 143-215.94 and regulations adoptedthereunder. This Notice is part of a remedial action for the Site that has been approved by theSecretary (or his/her delegate) of the North Carolina Department of Environmental Quality (or itssuccessor in function), as authorized by N.C.G.S. Section l43B-279,9 and l43B-279.11. The NorthCarolina Department of Environmental Quality shall hereinafter be referred to as "I)EQ".NOTICEPetroleum product was released and/or discharged at the Site. Petroleum constituents remainon the site, but are not a danger to public health and the environment, provided that therestrictions described herein, and any other measures required by DEQ pursuant to N.C.G.S.Sections l43B.279.9 and 1438-279.11, are strictly complied with. This "Notice of ResidualPetroleum" is composed of a description of the properly, the location of the residual petroleum and theland use restrictions on the Site. The Notice has been approved and notarized by DEQ pursuant toN.C.G.S. Sections l43B-279.9 and l43B-279.1 1 and has/shall be recorded at theAlamanceRegister of Deeds' office Book _) Page _.(name of counly)Source ProperWBeniamin Lawrence Maddrevof Morehead City. North Carolinais the owner rn r.. ri*pråTi"itiìï,å'ornion orthe site, which tr'fiÍt¿:,:o'í{l::'"å'Åiilt or Aramance ,State ofNorth Carolina, and is known and legally described as:A certain tract or parcel of land in Burlington Township, Alamance County, N.C. andBEING ALL OF LOT THREE (3) of Addie an Daisy Whitesell Property as recorded in theoffice of the Register of Deeds of Alamance County, N.C. in Plat Book 12 page Ireference is hereby made for a more complete description. (Excerpted fromCounty Register of Deeds Book 705, Page216).Return to:Cedar Rock Environmental, P. C. <-107 Pioneer TrailGraham, NC 27253Page I of4slaø Additional Affected Property Also Subject to RestrictionsN/Aofis the owner in fee simple of a(owner's Nane)(city & state oJ ot'ner)portion of the Site, which is located in the County ofState of Nofth Carolina.Petroleum contamination is located on this properfy at the time this Notice is approved. This property wasalso owned or controlled by the underground storage tank owner or operator or another party responsiblefor the petroleum discharge or release at the time the discharge or release was discovered or repofted, orat any time tlrereafter. This property is known and legally described as:(Insert Real Property Description Here for Additional Properties Owned or Conlrolled by Any Owtter orOperator of the Underground Storage Tank or Other Responsible Party, if Applicable)For protection of public health and the environment, the following land use restrictions requiredby N.C.G.S. Section l43B-279.9(b) shall apply to all of the above-described real property. Theserestrictions shall continue in effect as long as residual petroleum remains on the site in excess ofunrestricted use standards and cannot be amended or cancelled unless and until the Alamance CountyRegister of Deed receives and records the written concurrence of the Secretary (or his/her delegate) ofDEQ (or its successor in function).Additional Affected Property Not Subject to RestrictionsAdditionally residual petroleum is also located on the following property. The followingproperty is not subject to land use restrictions pursuant to N.C.G.S. Section l43B-279.9(b). Thefollowing property is known and legally described as:(Insert Legal Desøiption of Other Real Property Affected by Residual Petroleum Not Owned orControlled by Any Ov,ner or Operalor of the Underground Storage Tank or Olher Responsible Party, ifApplicable)PERPETUAL LAND USE RXSTRICTIONSSoil: Soil containing residual petroleunt above applicable regulatory standard(s) rentains on the site inthe area identified in Figure I, Attachment A. No soil shall be excavated or disturbed within 3feet of the area identified in Figure I Attachment A except to remediate the soil in accordancewilh all applicable state and federal statutes, regulations and guidelines.Groundwater: New or replacement water supply wells of any kind shall not be installed or operated onthe site for any purpose other than monitoring groundwater quality or providingfor lherentediation of contaminated groundwaler without prior u,ritlen approval by theappropriate Regional Office of the DEQ, Division of Waste Management, UndergroundStorage Tank Section, or its successor infunclion.PageZ of 4Revised January 15,2013 ENFORCEMENTThe above land use restriction(s) shall be enforced by any owner, operator, or other partyresponsible for the Site. The above land use restriction(s) may also be enforced by DEQ through any ofthe rernedies provided by law or by means of a civil action, and may also be enforced by any unit of localgovernment having jurisdiction over any part of the Site. Any attempt to cancelthis Notice without theapproval of DEQ (or its successor in function) shall be subject to enforcement by DEQ to the full extentof the law. Failure by any party required or authorized to enforce any of the above restriction(s) shall inno event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurringprior or subsequent thereto.IN WITNESS WHEREOF, Benjamin Lawrence Maddrey has caused this Notice to beexecuted pursuant to N.C.G.S. Sections 1438-279.9 and l43B-2'79.1 I , this 15rr' day of November ,201'7 .Beniamin Lawrence MaddrçuoJ responsibleagenl is signing'¡(signature oJ responsible party,or olher agent if there is one)President. Cedar RockEnvironmental. P. C.(Title ofagent for responsible par6' if there is one)Signatory's name typed or printed:PavneNORTH CAROLINACOUNTY(Name oJ counly in which acknowledgment vas laken)I certifo that the following person personally appeared before me this day, acknowledging to me that he orshe signed the foregoing document: Robert A. PayneDate: Mor,.^l.u-^r (f, 2.Oiaç*2( 4 fl"¿---(Official Seal)A6o,r* olNotary Publl)ByJOSIAH D PAYNENOTARY PUBLICAI.AMANCE COUNTY, N.C.irty Gommlssion Explres 1 0-22-2020.?-(pr¡nted or lyped nanre ofNotary PublicPuhlic)My commission expires: Úc*, 2420ÐPage 3 of4Revised January 15,2013 Approved for the purposesof N.C.G.S. 1 438-279.1 I(signature oJ Regional Supe rvisor)lGRegional Supervisor(prinled nome of Regional Supemisor)rWinston-SalemRegionalOfficeUST SectionDivision of rùy'aste ManagementDepartment of Environment QualityNORTH CAROLINAIVo( <u l¿L'COUNTY(Name of coutly in which acknovledgnent vas taken)I certif, that the following person(s) personally appeared before me this day, each acknowledging to methat he or she signed the foregoing document: Co r; n L4 Gon,rq (ull printed name of Regional supervisor)Date:20(Official Seal)(si gnature oJ N ota ry Publ ic)%s i o/,, í2. ?ou ^ e-(printed or typed nane of Notalry Public)Notary PublicMy commission expires (\o(, Lq Zo¿oJOSIAH D PAYNEPage 4 of4Revised January 15,2013 PROJECT: Ben Maddrey PropertyINCIDENT #LOCATION: 2043 Nottingham LaneBurlington, Durham Co.CRE PROJECT NUMBER: 238122590CEDAR ROCKENVIRONMENTAL, P.C.FILENAME:VERSION DATE2381NoRP.fc7111141't7IATTACHMENT ANOTE:NThis map may not be a certified surveyand has not been reviewed by a localgovernment agency for compliance withany applicable land development regulationsand has not been reviewed for compliancewith recording requirements for plats.lvan CarpioPropertyShirley PiercePropertyMark SmithPropertyT1R. Craig HarrellProperty/"."-"t¡o-NORTH CAROLINA . AI¡MANCE COUNWThb bbcerù'ryhdhebr€goingllle ln thlsls a üue æpyc'Bof hoon¿RESTRICTED AREA (estimatedextent of soil contaminationexceeding applicable cleanup standards.)02550Property Lines1 lnch = 50 Feeti:---i : T1 = S50-Gallon USTCarportHouse100FIGURE 1