HomeMy WebLinkAboutMO-9458_40898_G_C_20190429_Draft NORP for UST Review•
PARAGON RECEIVED
Environmental Consultants, Inc.
APR 2 9 2019
April 29, 2019
Trudy Beverly
Mooresville Regional Office - NCDEQ
610 East Center Avenue — Suite 301
Mooresville, NC 28115
Reference: Notice of Residual Petroleum
Highsmith Residence
82 Eastcliff Drive SE
Concord, Cabarrus County, North Carolina
Incident # Pending
Dear Ms. Beverly:
Please find enclosed a Notice of Residual Petroleum for the above referenced groundwater
incident. Please review and have the Regional Supervisor sign the attached Notice of
Residual Petroleum and return it to Paragon by mail. Paragon's mailing address is:
Paragon Environmental Consultants, Inc.
P.O. Box 157
Thomasville, NC 27361-0157
We will then file the notice with the Cabarrus County Register of Deeds.
Please contact our office at (336) 669-6037 if you have any questions or require any
additional information concerning this notice for the Highsmith Residence.
Since ly,
Benjamin W. Robinson, L.G.
Paragon Environmental Consultants, Inc.
NRPItr-1923
P.O. Box 157 • Thomasville, NC 27361-0157
Business Ph: (336) 669-6037 • Fax: (336) 476-7708
NOTICE OF RESIDUAL PETROLEUM
Highsmith Residence 82 Eastcliff Drive SE Concord, NC Incident # Pending_
Cabarrus County, North Carolina
Current Property Owners Deed Book # 7602 Page # 0150
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
14313-279.9 and 14313-279.11. 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 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 143 B-279.11 and has/shall be recorded at the Cabarrus County Register
of Deeds' office Book , Page
Any map or plat required by DEQ has been/shall be recorded at the Cabarrus County Register of Deeds'
office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Andrew B. Highsmith of Concord, North Carolina is the owner in fee simple of all or a portion of the Site,
which is located in the County of Cabarrus, State of North Carolina, and is known and legally described as:
Lying and being in Ward Number Three (3) of the City of Concord, Number Twelve (12) Township of
Cabarrus County, North Carolina in the Southeastern corner of the intersection of Eastcliff Drive,
Southeast, and Ideal Way, and Being all of Lot Numbers 5, 6, and 7, and part of Lot Number 4 in Block
"B" of Crestwood Heights, as surveyed and platted, a copy of which is filed in the Office of the Register
of Deeds for Cabarrus County in Map Book 7, Page 43, and being more fully described as follows:
Beginning at an iron stake in the southeastern corner of the intersection of Eastcliff Drive and Ideal
Way, and runs thence with the East side of Ideal Way South 30-00 East 150.00 feet to an iron stake,
corner of Lot Numbers 7 and 8 (BA Earnhardt, Deed Book 270, Page 207); thence with the line of Lot
Number 8 (BA Earnhardt) North 60-00 East 87.50 feet to an old stake in the line of Earnhardt, rear
corner of Martha Hope (deed book 207, Page 260); thence with the line of Hope, and a line of Hope,
and line through Lot 4, North 30-00 West 150.00 feet to an iron stake on the South side of Eastcliff
Drive, front corner of hope; thence with the South side of Eastcliff Drive, South 60-00 West 87.5 feet
to the point of Beginning, as surveyed and platted by J. Lawrence Blackley, RLS, December 14, 1988;
Subject to the Rights of Way for Eastcliff Drive and Ideal Way.
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 Cabarrus County Register of Deeds receives and records the written concurrence of
the Secretary (or his/her delegate) of DEQ (or its successor in function).
PERPETUAL LAND USE RESTRICTIONS
[Restrictions apply to activities on, over, or under the land.]
Soil: Soil containing residual petroleum above applicable regulatory standard(s) remains on the site in
the area identified in Figure], 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 DEQ through any of the remedies provided by law or
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, Andrew B. Highsmith has caused this Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day ofAl
2019.
By:
Signatory's name typed or printed: Andrew B. Highsmith
NV?ffH CAROLINA
CQb IrroS COUNTY
I certify that the following person(s) perJim
o ally
she signed the foregoing document: i w
Date: A prd 27 W'g
(Official Seal)
Benjamin W Robinson
Notary Public
Rowan County
North Carolina
me this day, each acknowledging to me that he or
of Notary Public)
��i�(QV►b✓1 W • �0�►nSQ✓1
(printed or typed name of Notary Public)
Notary Public
My commission expires , 20.23.
Approved for the purposes of N.C.G.S. 143B-279.11.
Ronald H. Taraban, Ph.D., Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environmental Quality
NLQ$T:I C ROLINA
COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person(s) ersonal�v appeared before me this day, each acknowledging to me that he or
she signed the foregoing document: L04 N _ f 0AgLDM (full printed name of Regional Supervisor)
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