MO-9465_40905_C_NRP_20190613_Filed Notice of Residual Petroleum

B33581 - P134
FOR REGISTRATION
Fredrick Smith
REGISTER OF DEEDS
Mecklenburg County NC
2019 JUN 12 01:40:94 PM
BK : 33581 PGA 34-138
FEE:$26.00
INSTRUMENT # 2019072041
TAYLORD
,9072041
NOTICE OF RESIDUAL PETROLEUM
Harborne Homes LLC Property MecklenburgCounty, 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 Environmental Quality (or its
successor in function), as authorized by N.C.G.S. Section 143B-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 143B-279.11 and has/shall be recorded at the
Mecklenburg Register of Deeds' office Book , Page
(name of county)
Any map or plat required by DEQ has been/shall be recorded at the Register of
(name of county)
Deeds' office Book Page , and has been/shall be incorporated into the Notice by this reference.
Source Property
Harborne Homes, LLC c/o Kathy Harborne of Charlotte. North Carolina
(Owner's name) (city & state ofhomeowner)
is the owner in fee simple of all 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:
BEING ALL OF Lot 35 in Block 4 of Darby Acres as same is shown on map thereof
recorded in Map Book 7, Page 1 of the Mecklenburg County, North Carolina Public
Registry. (Excerpted from Mecklenburg County Register of Deeds Book 33405, Page 204).
Return to:
Revised January 15, 2013
Cedar Rock Environmental, P. C.
Page 1 of 4
107 Pioneer Trail
Graham, NC 27253
3

B33581 - P135
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 (or its successor in function).
PERPETUAL LAND USE RESTRICTIONS
Soil: Soil containing residual petroleum above applicable regulatory standard(s) remains on the site in
the area identified in Figure I, 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 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.
Revised January 15, 2013
Page 2 of 4

1333581 - P136
IN WITLESS WHEREOF. Harborne Homes, LLC c/o Kathy Harborne has caused this Notice
to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 143B-279.11, this 29`h day of May-, 2019.
Harborne Homes, LLC c/o Kathv Harborne
(name res onsible rty i ent is signing)
By:
(signature of responsible party, attorneyjr other agent if there is one)
President, Cedar Rock Environmental, P. C.
(Title of agent for responsible parry if there is one)
Signatory's name typed or printed: Robert A. Payne
NORTH CAROLINA
Ae.w►anGe- COUNTY
(Name ofcounty in which acknowledgment was taken)
I certify that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document: Robert A. Payne
Date: //UI %U
, la
(Official Seal)
JOSIAH D PAYNE
NOTARY PUBLIC
ALAMANCE COUNTY, N.C.
My Commission Expires 10-22-2020.
ature ofNotaryPubl,,)
Uo5,eU D. f ,yne-
(printed or typed name of Notary Public)
Notary Public
My commission expires: _zolp
Revised January 15, 2013
Page 3 of 4

11333581 - P137
p rove for the purposes of N.C.G.S. 143B-279.11
nature of Regional Supervisor)
Ronald H. Taraban, Ph.D.
Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environment and Natural Resources
NORTH CAROLINA
COUNTY
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, Ph.D. (full printed name of Regional Supervisor)
Date:)"201
Sherian K. Black
Notary Public
Notary Public Number 20041820022
(Official Seal) ```��uuuiartr►n�i
NO R.
MY
CCIKMIPSIOIN
,JXP ES _
"4� COUHl#`\o.
My commission expires:
July 12, 2019

ATTACHMENT A
NOTE:
This map may not be a certified survey
and has not been reviewed by a local
government agency for compliance with
any applicable land development regulations
and has not been reviewed for compliance
/ with recording requirements for plats.
James Williams ,
Property Amy Penwell
Property
� T1 ` �I
House
Nhon Van Tran
Property
/ rGtQi
�tG
0 20 40 80
1 Inch = 40 Feet
PROJECT: Harbome Homes LLC Property
INCIDENT # Pending
LOCATION: 1725 Birchcrest Drive
Charlotte, Mecklenburg Co.
CRE PROJECT NUMBER: 269222590
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
— - : Property Lines
: T1 = 510-Gallon UST
CEDAR ROCK
ENVIRONMENTAL, P.C. FIGURE 1
FILENAME: 2692-Figl.fc7
VERSION DATE: 5/27/19

Beverly, Trudy
From: Beverly, Trudy
Sent: Thursday, June 13, 2019 1:57 PM
To: Josiah Payne
Subject: RE: [External] NRPs
Received.
Thank you,
Trudy
DE
NQR1H CAFiC)l INA �\\\�\\
Department of Environmental Dual
Tr* Bad. L.S.
W idwWaff ffilu
QUAY
UT Sadim Mommik Rapigad Ofte
P`0 711-31$3 frx%ml
Email correspondence to and from this address is subiect to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Josiah Payne [mailto:[e-mail]]
Sent: Thursday, June 13, 2019 1:50 PM
To: Beverly, Trudy <[e-mail]>
Subject: [External] NRPs
• External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
at nt [e-mail]
Good afternoon, Trudy. I have attached the filed copies of the following NRPs:
1. Incident 40905 - Harborne Homes LLC Property
2. Incident 40906 - Matthew Moodie Property
3. Incident 40910 -Deborah Graham Property
Let me know if you have any questions. Thanks!
Josiah Payne
Cedar Rock
ENVIRONMENTAL