MO-9458_40898_C_NRP_20190608_Filed Notice of Residual Petroleum

13496 0227
FILED
CABARRUS COUNTY NC
WAYNE NIXON
REGISTER OF DEEDS
FILED May 08, 2019
AT
BOOK
START PAGE
END PAGE
INSTRUMENT #
EXCISE TAX
hINC
NOTICE OF RESIDUAL PETROLEUM
Highsmith Residence 82 Eastcliff Driye SE Concord. NC Incident 9 Pending
Cabarrus County. North Carolina
Current Property 0-wriers Deed Book 9 7602 Page # 0150
02:19 pm
13496
0227
0230
11132
$0.00
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 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 143E-279.9 and 14313-279.11, 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 Counn' of Cabarrus. State of North Carolina. and is known and legally described as:
Lvine and being in Ward Number Three (3) of the Cit• of Concord. Number Twelve (12) Township of
Cabarrus Counn•. North Carolina in the Southeastern comer of the intersection of Eastcliff Drive.
Southeast. and Ideal Way. and Being all of Lot Numbers 5. 6. and 7. and pan of Lot Number 4 in Block
" 13- 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 \lap 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 Idea) Way South 30-00 East 150.00 feet to an iron stake,
comer of Lot Numbers 7 and 8 (BA Earnhardt. Deed Book 270. Page 207): thence with the line of Lot
••,.•.�r•�
.• DER O�c''�,,
Number 8 (BA Earnhardt) North 60-00 East 87.50 feet to an old stake in the line of Earnhardt, rear
�S,
corner of Nfanha Hope (deed book 207. Page 260); thence with the line of !rope, and a Tine of I1opc.
Cpu,;
(L�•;:ea`Jsi>a�Mr�;,•t�O
and line through Lot 4, North 30-00 Nest 150.00 feet to an iron stake on the South side of Eastcliff:,Z. <t•' t m=; ...0
Drive,
front comer of hope: thence with the South side of EastclifT Drive, South 60-00 West 87.5 fee.
to the point of Beginning, as surveyed and planed by J. Lawrence Blacklev, RLS. December 14. 1988
•''yam
Subject to the Rights of Way for Eastcliff rig C ' • • •' a`�;;
D e and Ideal 1� a� . q • �.
;,v�q �'9r..V� ...... c�♦�

13496 0228
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 laid.]
.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 ercavated or disturbed within 3 feet
of the area identified in Figure 1, Attachment A except to rentediate the soil in accordance with all
applicable state and federal statutes, regulations and guidelines.
Groundwater: Groundtirater from the site is prohibited from use as a water supply, lVater supply wells of aty 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 pam' 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.
1N WITNESS WHEREOF, Andrew B. Highsmith has caused this Notice to be executed pursuant to
N.C.G.S. Sections 1 13B-279.9 and 14313-279.1 1, this day of 4Of .2019.
By: i
Signatory's name typed or printed: Andrew B. Highsmith
N TH CAROLINA
Q COUNTY
I certify that the following person(s) pers ally
she signed the foregoing document: _Arfew
Date: April 27 wfl
(Official Seal)
Benjamin W Robinson
Notary Public
Rowan Gounty
North Carolina
C0'''
C
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-V CAFOI��
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befo rT me this day, each acknowledging to me that he or
of Notary Public)
R034m;o 1✓. Aobrisov1
(printed or aped name of Noiary Public)
,Notary Public
My commission expires i

13496 0229
Approved for the purposes of N.C.G.S. 14313-279.1 1.
CAR l.�
Ronald H. Taraban, Ph.D., Regional Supervisor
Mooresville Regional Office
UST Section V
Division of Waste Management
Department of Environmental Quality
NDIRT-I1 C LROLINA
�✓� .e COUNTY
(A'ame of county in which acknowledgment it -as taken)
I certify that the following person(s) omonal v appeared before me this day, each acknowledging to me that he or
she signed the foregoing document:'l H ,T(.(, A& (fidl printed name of Regional Superilisor)
Date: I/
ullnuo"'4o�
(Official Seal) �ER,AN R
Co NOTq 6
�y 4ry 'Q� �
%c0UN7Y
(signature of Notary Public)
k
(printed or typed name of A'olary Public)
Notary Public
My commission e.' fires 20�

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THIS CERTIFICA TION STA TEMENT MUST REMAIN WITH
THE A T TA CHED COPY IN ORDER FOR IT TO BE
CONSIDERED A LEGAL DOCUMENT
Wayne Nixon
Register of Deeds
Cabarrus County, North Carolina
P. O. Box 707
Concord, North Carolina 28026
STATE OF NORTH CAROLINA
CABARRUSCOUNTY
I do hereby certify this to be a true copy of the attached document filed and
recorded in the aforesaid county as evidenced in:
Book No. RPage No. C [ 4 and ends with Page No. 230 .
Witness my hand and seal this date: 5l b J LC)
,,6111 of II,I
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WAYNE NIXON, REGISTER OF DEEDS
by:l�✓L
A,Ssistant/ ep

Beverly, Trudy
From: Brandon Moore <[e-mail]>
Sent: Thursday, May 9, 2019 8:03 AM
To: Beverly, Trudy
Subject: RE: [External] RE: Highsmith Residence- Incident #40898 — Conditional NFA
Letter
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]
Will do —thank you again
From: Beverly, Trudy [mailto:[e-mail]]
Sent: Thursday, May 9, 2019 6:45 AM
To: Brandon Moore <[e-mail]>
Subject: RE: [External] RE: Highsmith Residence- Incident #40898 — Conditional NFA Letter
Email electronic copies of the filed notice of residual petroleum and the public notice documentation when
completed. The NFA letter will be issued when these are received.
Have a great day,
Trudy
From: Brandon Moore [mailto:[e-mail]]
Sent: Wednesday, May 8, 2019 5:05 PM
To: Beverly, Trudy <[e-mail]>
Subject: [External] RE: Highsmith Residence- Incident #40898 — Conditional NFA Letter
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]
Trudy,
Thank you for all your help — I did pick up the documents and recorded the approved NRP this afternoon in
Cabarrus Co.
The tank was also removed today so other than public notice this site should be completed
Brandon