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Home My WebLink AboutMO-9356_40813_C_NRP_20180522_Filed Notice of Residual PetroleumFILED CABARRUS COUNTY NC WAYNE NIXON REGISTER OF DEEDS FILED May 22, 2018 AT 01- 51 pm BOOK 13008 W START PAGE 0177 END PAGE 0182 INSTRUMENT # 11984 z EXCISE TAX $0.00 MDW NOTICE OF RESIDUAL PETROLEUM John_Hill Proper Pending_ , Cabarrus County, North Carolina (Site name) (Incident #) Current properly owner's Deed Book 12862 Pages 289-291 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 Cabarrus Register of Deeds' office Book , Page (name of county) Source PropeM John James Hill of 1.;ancaster, South Carolina (Owner's name) (city & state of homeowner) 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: See Attachment A (excerpted from Cabarrus County Register of Deeds Book 12862, Page 291). Return to: Cedar Rock Environmental, P. C. 107 Pioneer Trail Graham, NC 27253 Revised January 15, 2013 Page 1 of 4 Additional Affected Property Also Subject to Restrictions NIA of is the owner in fee simple of a (owner's Naine) (city & slate of owner) portion of the Site, which is located in the County of , State of North Carolina. Petroleum contamination is located on this property at the time this Notice is approved. This property was also owned or controlled by the underground storage tank owner or operator or another party responsible for the petroleum discharge or release at the time the discharge or release was discovered or reported, or at any time thereafter. This property is known and legally described as: (Insert Real Property Description Here for Additional Properties Owned or Controlled by Any Owner or Operator of the Underground Storage Tank or Other Responsible Party, if Applicable) 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 Deed receives and records the written concurrence of the Secretary (or his/her delegate) of DEQ (or its successor in function). 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: (Insert Legal Description of Other Real Property Affected by Residual Petroleum Not Owned or Controlled by Any Owner or Operator of the Underground Storage Tank or Other Responsible Party, if Applicable) 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 B. No soil shall be excavated or disturbed within 3 feet of the area identified in Figure 1 Attachment B except to remediate the soil in accordance with all applicable state and federal statutes, regulations and guidelines. Groundwater: New or replacement water supply wells of any kind shall not be installed or operated on the site for any purpose other than monitoring groundwater quality or providing for the remediation of contaminated groundwater without prior written approval by the appropriate Regional Office of the DEQ, Division of Waste Management, Underground Storage Tank Section, or its successor injunction. Revised January 15, 2013 Page 2 of 4 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, John James Hill has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 22nd day of May 2018. John James Hill Maq� ifagent is signing) By: (signature of responsible party, attorney or other agent if there is one) President Cedar Rock Environmental P. C. (Title of agent for responsible party if there is one) Signatory's name typed or printed: Robert A. Payne NORTH CAROLINA H(,,,P1 an &-J' COUNTY (Name of county in which acknowledgment ivas 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: ZZ 6 Zol (Official Seal) JOSIAH D PAYNE NOTARY PUBLIC ALAMANCE COUNTY, N.C. My Commission E*m 10-22-2020. gnature of Notary Public) printed or typed name of N tary Public) Notary Public My commission expires: &-4. Zzr zozo Revised January 15, 2013 Page 3 of 4 4naturp-e or the pu of N.C.G.S. 143B-279.11 (egional 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 1 II 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: �Z-L 20 RI11N (Official Seal) 00 ?'If spy tL 0 M M ❑ -off c�tic �1 °LINTY ZK'4bU6UX-) &'�( E My commission expires: .]uly 12,_2019 - 5ary ian R. Black Public Notary Public Number 20041820022 Revised July 14, 2014 ATTACHMENT Lying j'Larid -.being = in =.the "bit s► of -Concord, Number 12 Tvwr�s��i p, :-Cabarrus Chu-nty, ,;_North Carplina, ::ant he southwest -side of Spring :Stre'et;".�49otiithw-at., ,adja' ni,t�g the. prvpert Qf Edna $ Fial�er, �Seien aoward-And.Robert =;La ing, :and being more -particularly described as ' �Eax1 i NG : at ;ion -exist iii' lrvn pi -on the southweat aide of Springs ;street; 'Svi thw t ::: Wrner 'at Fisher, and .runs .thence with the outhwes : ,-side. ; ?f Ppring3 ,street, ::'Southwest , "South 28 -49 -32 East :i.s 4 ,:�cet �tv :ah r;i.Xr�Ti �°�ta}�e�� .ma rotner of Howard; tlaence with the -Howard'. ;5ouih-Jest •:88.:02 feet to an exioti.ng iron pin 3i _tlt Rine` :vf .��wi.ng •;a ::crnrner._ ,of " Noward; thence two (2) courses :sand dilstanoee. wktki `�k�e' 1iri� o� Laiaing, as follows --Al) North 27- a-5 to --an ,existing iron pin and [2) South 64-39--16 to,,An'' e'ci.sting iron'pin, 'a corner ' of Fisher,- thence hYee.=. { =, aurnea ` :and Ldi tant�es ..with "the line , Fisher, as :,. .We;BL '89.9 8 feet. to an . exiating .iron iin; = t y ;?.Nardi s* -'� l',,2a$t r'7,:58 '-feet to' an �exipting iron pi.n and (3) 57 '.n5-. iNast `8A.62 ,feet to `the point of BEGINNING, as .su it . fired : iy.Bi :' ,d ;g:: ALS -'dated 1loveu er -8, 2.994. Beverly, Trudy From: Taraban, Ron Sent: Wednesday, May 23, 2018 2:04 PM To: Beverly, Trudy Subject: FW: [External] NRP and Closure Assessment report for 332 Spring Street SW, Concord (John Hill property) Attachments: 2482-nrp.pdf; Abandonment 2482.pdf Trudy, You can generate an incident number. Bob can be sent the conditional NFA letter and the final one once we receive the public notice requirements. The site can then be closed out and the NFA information added to the RUST database. thanks From: Robert A. Payne [mailto:cedarrockenv@gmail.com] Sent: Tuesday, May 22, 2018 9:21 PM To: Taraban, Ron <ron.taraban@ncdenr.gov> Subject: [External] NRP and Closure Assessment report for 332 Spring Street SW, Concord (John Hill property) Hello Ron. Please see attached docs. Can you give me an idea when to expect the Conditional NFA letter? Thank you, Robert A. Payne, L.G. (cell) 336-684-2734 Cedar Rock NINIVIRONMENFAI Jeremiah 9:23-24 This email has been checked for viruses by Avast antivirus software. www.avast.com i