HomeMy WebLinkAboutRA-6716_33873_CA_NRP_20230301NOTICE OF RESIDUAL PETROLEUM
5801 Cheek Road, Durham, Durham County, 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 Durham County Register of Deeds’ office as stamped above.
Source Property
Larry Ricks of Durham, North Carolina is the owner in fee simple of all or a portion of the Site, located in the County of Durham, State of North Carolina, and is known and legally described
as:
BEING as described in Property Record Card as Deed Book and Page – 007589/, recorded with the Office of the Register of Deeds of Durham County, North Carolina.
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 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 Durham 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
Groundwater: Groundwater in the area affected by the petroleum release at the site is prohibited from use as a water supply. No water supply wells of any kind shall be installed or
operated within the affected area on the site.
Revised October 19, 2006
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, Wayne Randolph has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day of ___, ____________.
By: ___________________________________________
Signature of Delegated DEQ Representative
Head of Trust Fund Branch/Underground Storage Tank Section
Title of the above Party
Signatory’s name typed or printed: Wayne Randolph
NORTH CAROLINA
_________________ COUNTY
I,____________________________________,a Notary public certify that ____________________________, personally came before me this day and acknowledged that he is the Trust Fund Branch
Head, UST Section of NC Department of Environmental Quality and that he as Trust Fund Branch Head being authorized to do so, executed the foregoing on behalf of NC Department of Environmental
Quality.
WITNESS my hand and official seal, this _________ day of ______________, 20____.
_______________________________
Leann Dass
Notary
My commission expires ___________________________
This instrument was prepared by: Mark Petermann, UST Section
Mail after recording to: Mark Petermann
NC DEQ – Division of Waste Management
UST Section -Winston-Salem Regional Office
450West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Revised October 19, 2006