HomeMy WebLinkAboutMO-4617_15621_G_C_20191212_Notice of Residual Petroleum Email DiscussionBeverly, Trudy
From: Tige Darner <tdarner@tarheelcapital.com>
Sent: Thursday, January 2, 2020 2:55 PM
To: Beverly, Trudy
Cc: 'jdeaI@dealmoseley.com'; Mike Minett; 'jason@colsonpark.com';
bob.stanley@allentate.com
Subject: RE: [External] Harrisburg Notice of Residual Petroleum
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spam@nc.gov
Trudy,
Thank you for the update.
Tige
From: Beverly, Trudy <trudy.beverly@ncdenr.gov>
Sent: Thursday, January 2, 2020 2:52 PM
To: Tige Darner <tdarner@tarheelcapital.com>
Cc: 'idea I @deal moseley.com' <jdeal@dealmoseley.com>; Mike Minett <mike.minett@novagroupgbc.com>;
'jason@colsonpark.com' <jason@colsonpark.com>; bob.stanley@allentate.com
Subject: RE: [External] Harrisburg Notice of Residual Petroleum
Good Afternoon Tige,
The Notice of Residual Petroleum arrived. I have reviewed the document and all looks good. Ron (UST
Mooresville Region Supervisor) and our notary are both out of the office until Monday. I have placed the Notice
in Ron's box for his review and signature on Monday. The UST signed and notarized document will most likely
be mailed on Tuesday. I'll let you know if the timing changes.
Have a wonderful day,
Trudy
OX Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
z:�D.E North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
Ikpa Yhgwd d ifmronment�l 4ua
704.235.2182 (Office)
Trudy.BeverlyL&ncdenr.gov
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 Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hgps:Hdeq.nc.gov/about/divisions/waste-manaRement/ust/ast-grog am
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deo.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-ais-maps
File Review Procedures:
hops://deg.nc. gov/about/divisions/waste-manaaement/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://deo.nc. eov/about/divisions/waste-manaeement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
htips:Hfiles.nc.gov/ncdegfWaste%20Management/DWM/ JST/Corrective%2OActionBlectronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf
https:Hfiles.nc. gov/ncdeq/Waste%2OManagement/DViM/UST/Corrective%2OAction/UST%20file%20namcs%20for%2OLaserfiche.docx
From: Tige Darner [mailto:tdarner@tarheelcapital.com]
Sent: Monday, December 30, 2019 10:45 AM
To: Beverly, Trudy <trudy.beverly@ncdenr.gov>
Cc: 'idea I @deal moseley.com' <Ideal@dealmoseley.com>; Mike Minett <mike.minett@novagroupgbc.com>;
'jason@colsonpark.com' <jason@colsonpark.com>; bob.stanley@allentate.com
Subject: [External] Harrisburg Notice of Residual Petroleum
(External email you verify. Send all suspicious e 1W
nt to report.sp
Trudy,
We are sending to you next day a package which includes the Notice of Residual Petroleum signed by the owner
and notarized. Also in the package is a return label (the package is reusable so you can use this to send the sign
documents back). When you have this signed and any other additional documents, please send the package
back to us and we will work with Jim Deal to make sure everything is filed with Cabarrus County Register of
Deeds.
If you have any questions, please let me know.
Thanks,
Tige Darner
Chief Financial Officer
Tar Heel Capital
828-262-1811 ext. 46
Beverly, Trudy
From: Beverly, Trudy
Sent: Thursday, December 12, 2019 10:47 AM
To: Jim Deal
Cc: Tige Darner
Subject: RE: [External] Phillips 66/Harrisburg Notice
Attachments: Harrisburg Notice of Residual Petroleum - Draft with UST Notes.pdf
Good Morning Jim,
I put a couple of electronic notes on the pdf draft Notice of Residual petroleum for missing items from the
template. Let me know if you have any questions.
Trudy
Trudy Beverly, L.G.
D�. Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
r�
704.235.2182 (Office)
Trudy.13everly6bricdenn gov
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 Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deq.nc.2ov/about/divisions/waste-mana2ement/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deq.nc.gov/about/divisions/waste-manaaement/waste-management-rules-data/waste-mana eg ment ig s=maps
File Review Procedures:
httgs: //deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
b!Vs://deq.nc.gov/about/divisions/waste-manaizement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https:Hfiles.nc. gov/nedegfWaste%20Management/D WMIUST/Corrective%2OAction/Electronic%2ODocument%2OSubrnittal%2OMemo%2OUpdate.pdf
https:Hfiles.nc. gov/ncdeq/Waste%2OManagement/DWIyW ST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Jim Deal [mailto:jdeal@dealmoseley.com]
Sent: Thursday, December 12, 2019 10:30 AM
To: Beverly, Trudy <trudy.beverly@ncdenr.gov>
Cc: Tige Darner <tdarner@tarheelcapital.com>
Subject: [External] Phillips 66/Harrisburg Notice
rnal email. Do not click links or open attachments unless you verify. Send all suspicious email as an
�ia report.spam@nc.gov
Ms. Beverly
Please find attached a draft of the Notice of Residual Petroleum for the Harrisburg site. Please let me know if
this is acceptable or if we need to make changes. After you have approved it we will get the property owners to
sign the Notice. Thank you for your assistance with this matter.
Jim
James M. Deal Jr.
Deal, Moseley, & Smith, LLP
P.O. Box 311
870 West King St, Suite B
Boone, NC 28607
828-264-4734
828-264-2712 (fax)
dl ealkdealmoseley.com
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to another party any plan or arrangement addressed herein.
NOTICE OF RESIDUAL PETROLEUM
Harrisburg, Phillips 6.6, Cabarrus County, Not-th 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 Environment 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 Environment 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 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 petrolcurn 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 County
Register of Deeds' office
(name of count))
Book , Page
The attached Exhibit "A" shows the property and the area of contamination.
Source Property
Olivia Danielle Champion Elwood and Corey Elwood of 36835 Creekwood Road, New London,
NC 28127-6756 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:
Revised February 5, 2019
4960 Hwy. 49 (formerly 143 Hwy, 49 aka U.S. Highway 29-A), Harrisburg, North Carolina identified by
Cabarrus County Real Estate as Parcel #55075631340000, Being a small lot on the north side of U.S.
Highway 29-A, near the Town of Harrisburg in No. 1 Township, Cabarrus County, N. C., adjoining Mrs.
Robert Decatur and Z. A. Morris Estate and bounded as follows:
BEGINNING at an iron stake I feet from the cement pavement on the North side of U.S. Highway 29-A,
corner of Mrs. Robert Decatur and runs thence with her line North 2-56 W. 155 feet to an iron stake,
Mrs. Robert Decatur's Northeast corner; thence North 87-04 East 150 feet to an iron stake, a new
corner; thence a new line South 2-56 East 155 feet to an iron stake 11 feet from the North edge of the
cement pavement; thence with the north side of said U.S. Highway No. 29-A South 87-04 West 150 feet to
the Beginning.
As recorded in Book 541, Page 729, Cabarrus County, dated January 26, 1982.
PERPETUAL LAND USE RESTRICTIONS
Groundwater: Groundwater from the site is prohibited front 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 frill 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, Olivia Danielle Champion Elwood and Corey Elwood have caused
this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 14313-279.11, this day of
Olivia Danielle Champion Elwood
Corey Elwood
Revised February 5, 2019
NORTH CAROLINA
(Name of county 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: Olivia Danielle Champion Elwood.
Date:
(Official Seal)
expires:
NORTH CAROLINA
COUNTY
(Name of county in which acknowledgment was taken)
(signature of Notary Public)
Printed or typed name ofNolary Public)
Notary Public
My commission
I certify that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document:Corey Elwood.
Date:
(Official Seal)
expires:
Approved for the purposes of N.C.G.S. 143B-279.1 1
(signature of Regional Supervisor)
, Regional Supervisor
(printed name of Regional Supervisor)
Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
(signature of Notary Public)
printed ar typed name of Notary Public)
Notary Public
My commission
Revised February 5, 2019
NORTH CAROLINA
COUNTY
(Name of county in which acknowledgment was taken)
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 (fidl printed name ofRegionol Supervisor)
Date:
(Official Sea[)
expires:
(signature of Notary Public)
primed or typed name of Nolary Public)
Notary Public
My commission
Revised February 5, 20I9
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