MO-9514_40951_C_NRP_20191104_Filed Notice of Residual Petroleum

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FILED Nov 04, 2019 02:05 pm FILED
BOOK 13822 CABARRUS
PAGE 0193 THRu 0198 COUNTY NC
INSTRUMENT # 30636 WAYNE NIXON
EXCISE TAX S0.00 REGISTER
,�, OF DEEDS
NOTICE OF RESIDUAL PETROLEUM
DCW Real Estate Mint Hill Property Cabarrus 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 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 «vas 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 I43B-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 coum39
Anv map or plat required by DEQ has been/shall be recorded at the
Register of
(name ofcounr))
Deeds' office Boos: , Page . and has been/shall be incorporated into the Notice by this reference.
Source Property
DCW Real Estate — Mint Hill. LLC of Concord. North Carolina
(Owner's natne) (city, & state of homeowner)
is the owner in fee simple of all or a portion of the Site. v.-hich 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 13375,
Page 340).
Return to:
Cedar Rock Environmental, P. C.
107 Pioneer Trail Revised January 95, 2013
Page I of 4
Graham, NC 27253
(0�p /) /'

I&MOOMAISOz1
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).
PERPETUAL LAND USE RESTRICTIONS
Soil: Soil containing residual petrolewn above applicable regulators} standards) remains on the site in
the area identified in Figure 1, Attachment R Aro 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: 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) shalt be enforced by any o,,.•ner, operator.. or other p"
responsible for the Site. The above land use restriction(s) may also be enforced by DEQ through anv of
the remedies provided by law or by means of a civil action. and mar also be enforced by anv 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) shalt be subject to enforcement by DEQ to the full extent
of the lacy. 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

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IN WITNESS WHEREOF, DCW Real Estate - Mint Hill. LLC has caused this Notice to be
executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11. this 41h day of No%,ember
2019.
DCW Real Estate - Mint Hill. LLC
(name of responsible party if agent is signing)
(signature ofresponsible party, attorney r 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
-41 COUNTY
(Name ofcoumy in which ack-nowT dgment was taken)
certiR- that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document: Robert A. Payne
{Official Sea])
JOSIAH D PAYNE
NOTARY PUBLIC
AI_AMANCE COUNTY, N.C.
My Commission Expires 10-22-2020.
signature affi'orary Public)
(printed or typed name ofNo ary Public)
Notan, Public
My commission expires: ZvZO
Revised Januan, 15, 2013
Page 3 of 4

`Ed:30004i11106I.1
A roved for the purposes of N.C.G.S. 143B-279.11
(Signature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
�e I I _ COUNTY
I certify that the following person personally appeared before me this day, each
Acknowledging to that he signed the foregoing document:
Ronald H. Taraban (full printed name of Regional Supervisor)
Date —M Lti 20 t T +—
(official Seal)
R1AN p "
coft
y poT,�q�y�
GeLIC, vj
[ COUMS1
C2"�� C.f
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024

13822 0197
ATTACHMENT A
FIRST TRACT: Lying and being in Number 4 Township, Cabarrus County, North Carolina,
and being Lot No. 11 in Block "A" of the subdivision of the property of A.C. Grant, as
surveyed and platted by Brown Engineering Company on the 8th day of May, 1953, a copy
of which map, is filed in the office of the Register of Deeds for Cabarrus County, North
Carolina. in Nlap Book No. 10 at Page 16, and to which map reference is hereby made fora
complete descriptinn as to metes and bounds. SECOND TRACT: Lying and being in No. 4
Township, Cabarrus County, North Carolina, on the west side of Oakwood Avenue, and
being a part of Lot No. 12 in Block "A" of a subdivision of A.C. Grant, a map of which is on
file in the office of the Register of Deeds for Cabarrus County, North Carolina, in 1Iap Book
No. 10 at Page 16, and adjoining the property of Richard A. Waggoner, Lloyd R. Haneline,
and others, and is bounded as follows: BEGINNING at an iron stake in the west edge of
Oakwood Avenue, a corner of Lots Nos. 11 and 12, and runs thence with the dividing line of
Lots Nos. 11 and 12 North 76-04 West 159.2 feet to a stake, a corner of Lots Nos. 11, 121 2
and 3; thence with the dividing line of Lots Nos. 3 and 12, North 13-56 East 25.0 feet to a
stake in said line; thence a new line through Lot No. 12 South 76-04 East 159.4 feet to a stake
in the west edge of Oakwood Avenue; thence with the west edge of Oakwood Avenue South
14-21 West 25.0 feet to the Beginning. Tax ID: 56120797580000
Parcel ID: 56120797580000
Address: 1498 OAKWOOD AVE, KANNAPOLIS, NC 28081
The property hereinabove described was acquired by the Grantor by instrument recorded in Boot:
13256. Page 0336, Cabarrus County Public Register of Deeds.

ATTACHMENT B
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.
Donald Southard
Property >_ Jack Bost
Property
' r
Daron Buckwell Jr T1
Property
r
House
r �
r �
— � o
3�
ca
r O
Shetwyn r
Klutz
Property
r r
0 20 40 80
t Inch = 40 Feet
PROJECT: 0CW Real Estate Mint Hill LLC Property
INCIDENT # Pending
LOCATION: 1498 Oakwood Ave
Kannapolis, Cabamrs Co.
CRE PROJECT NUMBER: 281122590
Sunset Drive
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
— - — : Property Lines
Ti = 550-Gallon UST
CEDAR ROCK
ENVIRONMENTAL, P.C. FIGURE 1
FILENAME:
VERSION DATE
2811NoRP.fc7
10129119

Beverly, Trudy
From: Beverly, Trudy
Sent: Thursday, January 2, 2020 11:31 AM
To: Damien Callaghan; Bob Payne; Josiah Payne
Subject: RE: [External] Re: DCW Real Estate Mint Hill Property - Incident #40951 — Filed
NRP
Thanks Damien.
Trudy
From: Damien Callaghan [mailto:[e-mail]]
Sent: Thursday, January 2, 2020 11:29 AM
To: Beverly, Trudy <[e-mail]>; Bob Payne <[e-mail]>; Josiah Payne
<[e-mail]>
Subject: [External] Re: DCW Real Estate Mint Hill Property - Incident #40951 — Filed NRP
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]
Hi Trudy
Attached is a copy of the filed NRP document. Let me know if you need anything else.
Thanks
Damien Callaghan
cdar Rock
#�*ENVIRONMENTK
On 1/2/20 11:06 AM, Beverly, Trudy wrote:
Good Morning Bob, Josiah, and Damien,
I received public notice documentation for DCW Real Estate Mint HiJi Property (Incident #40951)
located at 1498 Oakwood Avenue, Kannapolis on December 19th.'i % I have not received a copy
of the filed Notice of Residual Petroleum that was picked up on November 4, 2019 for filing with
Cabarrus County.
Thanks,
Trudy
tieyirlmmM bi ¢rilY��
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
[e-mail]
iR
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Office Mailing Address:
610 East Center Ayenue, Suite 301
Mooresville, N0 % 28115
r'/ 7
Branch'i �s Underground Storage Tanks Website Addressn '% ttps://deg nc.gov/about/divisions/waste-management/ust
Branch'i '/.s Above Ground Storage Tanks Website Address: i %:https://dea.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
hops://deg.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-maps
im
File Review Procedures:
https://deg.nc.pov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hos://deq.nc.gov/about/divisions/waste-manaizement/laserfiche
ri
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.gov/ncdea/Waste%20Management/DW M/UST/Corrective%20Action/Electronic%20Document%20Submittal%20Memo%20Update.pdf