University Ford UST_NRP_20050518

NOTICE OF RESIDUAL PETROLEUM
......:=:.U=n=iv:...::e=rs=ity=--'F'-'o=r-=d.,_, I=n=c=··=60-"-0"--"-'Ju=l=ian:.e....;C=arr=-=--"'S=tr=ee-=-t=,-=Dc..:u=r=ham=--'· Durham County, North Carolina
(Site name)
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 and Natural Resources (or its successor in function), as authorized by N.C.G.S. Section 1438-279.9
and 1438-279.11. The North Carolina Department of Environment and Natural Resources shall hereinafter be
referred to as "DENR".
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 DENR pursuant to N.C.G.S. Sections 1438-279.9 and 1438-279.11, 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 DENR 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 Book __ , Page __ .
(name of county)
Source Property
University Properties of NC LLC of Durham NC is the owner in fee
(Owner's name) (city & state of homeowner)
simple of all or a portion of the Site, which is located in the County of Durham , State of North Carolina, and is known
and legally described as:
BEGINNING at a stake located in the property line on the west side Carr Street, said stake being South
26°31 ' West 18. 56 feet from the property line on the south side of Jackson Street, if extended, and thence
from said point and place of beginning along and with the property line on the west side of Carr Street
South 26°31' West 781.05 feet to a point; thence continuing with said property line South 27°08 '20" West
277.84 feet to a point; thence in a clockwise and southwesterly direction along an arc with radius of20
feet a distance of 34.59 feet to a point in the property line on the north side of Willard Street (sometimes
shown as East-West Expressway); thence along and with the property line on the northeast side of Willard
Street in a clockwise and northwesterly direction along an arc with a radius of 442.46 feet a distance of
424.8 eet to a oint; thence continuin with the said ro er line on the east side o Willard Street, North
01 °39 '35" West 100.12 feet to a stake; thence continuing with said property line North 0°45 '20" East
259.68 feet to a point; thence continuing with said property line North 0°38 'East 252.81 feet to a point;
thence along and with the southern line of N. C. Mutual Life Insurance Company line, South 89°22 'East
193. 78feet to a stake;thence continuing with said property line South 59°13 'East 113.65 feet to a stake;
thence continuing with said N.C. Mutual Life Insurance Company line North 27°33 'East 158. 72 to a
stake; thence continuing with said line North 30°47' East 90. 76 feet to a stake located in the property line
on the south side of Jackson Street; thence along and said property line South 59°13 'East 307.23 feet to a
stake; thence in a clockwise and southeasterly direction along an arc with a radius of 20 feet, a distance
of 29. 93 feet to the point and place of BEGINNING and being the property of University Properties, and
North Carolina general partnership, as shown on a plat and survey thereof by George C. Love, Jr., dated
May 1, 1972, recorded in Durham County Registry in Plat Book 72 at page 43, to which reference is
herewith made for a more particular description of same.
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:
Being all of Lot 3, as shown on that Plat and Survey entitled "Final Subdivision Plat for A.J. Fletcher
Foundation" prepared by S.D. Puckett and Associates, Inc., Professional land Surveyors, dated April 7,
2003, as plotted August 6, 2003, last revised August 6, 2003, and recorded in PB 159 at PG 199.
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 DENR 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 ofDENR (or its successor in function) shall be subject to
enforcement by DENR 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 WI1NESS WHEREOF, Jr:,V: fisher has caused this Notice to be executed pursuant to N.C.G.S.
Sections 1438-279.9 and 1438-279.11,ihis ~ day of IY/A-v , J:u;S ,.
{)Ni ver6/fy Geel .I;,;c.
--(name of res nsib~yarty if agent is signing)
By:~~~~~md~===-.-:-~~:--~~~-
STATE OF NORTH CAROLINA
L)U&tf!r M COUNTY
I.JAN ICE. k. C:r1as5 ovVa Notary Public of said County and State, do hereby certify that
.-,-Lname of Notary Public) I (>NY ;::t'slff!t personally appeared before me this day and acknowledged that he/she is the
(name) / _,. fits, Qt[/\[[ . of ltN, · \I fi.Jt.5 I 7/n fv f2 D /µ<....and that by authority duly given, and as the act
(title) (c mpany) .0 , / f
of (,/,Jmer$,ty £,/,k ' the forgoing instrument was signed in its name by such rres,de-,o
(company) (title)
(signature of Regional Supervisor)
-------------' Regional Supervisor
(printed name of Regional Supervisor
-------------Regional Office
(name of Region)
UST Section
Division of Waste Management
Department of Environment and Natural Resources
NORTH CAROLINA
COUNTY ---------
,200~
!, _________ , a Notary Public of said County and State, do hereby certify that
(name of Notary Public)
__ --,--_________ did personally appear and sign before me this the ___ day of
(name of Regional Supervisor) ______ __, 20 .
Notary Public (signature)
(Official Seal)
My commission expires _____________ , 20 .
i
--~ 4
approx. location
former
tankpit
asphalt
FIG NO: 1
DRN BY: DRL
CHK BY: DCB
DATE: 8 10 04
REVISED:
SCALE: 1 = 20
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LABORATORY ANALYTICAL RESULTS
(SOIL)
University Ford -Isuzu
600 Julian Carr Street
Durham (Durham Co.), North Carolina
EI Project No. ENM0050001.00
SBC-12
EPH/VPH mg/kg
C5-C8 Aliphatics 92
C9-C18 Allphatics 15J
C9-C32 Aromatics 54
C19-C36 Allphatics BQL
VOCs (EPA Method 8260) mg/kg
n-Butylbenzene 1.5
ethyl benzene 0.43
isopropylbenzene 1.6
4-lsopropyltoluene 0.31
sec-butylbenzene 0.77
naphthalene 3.2
n-propylbenzene 4.2
toluene BQL
1,2,4-trlmethylbenzene 29
1,3,5-trlmethylbenzene 10
xylenes (total) -----6~.5~--
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ENVIRONMENTAi. INVESTICATIONS_ INC':