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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 CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a lawyer or an employee of a law firm. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney -client privilege, which may attach to this communication. Thank you for your cooperation. Feel free to send us electronic mail. However, you are advised that the act of sending electronic mail to a lawyer at this Firm does not alone create an attorney -client relationship. Unless you are already a client of the firm, your electronic mail will not be privileged and may be disclosed to another person. Even if you are a client, remember that electronic mail on the Internet is not secure and that you should avoid including sensitive, confidential information in unencrypted messages. Internal Revenue Service - Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending 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 mn GENERAL SURVEY NOTES: N LAND AREA: ♦I! v_ _v�r—•—.�� W��L ' I'. mil' __—y Nn 11 'III 1\ � ♦�♦ry„,.«♦ .'_ I �FgZC7 Qzzwz \1 \ i Z ,Z _ C fl .' - cater woz I°« M-k .eri -PI�aPo«-« __------------ - Yr'I I ili F ?✓ ..] Uy V O y Z xC)0 w `1 ♦ LEOENO �Yy m TOPOGRAPHIC SURVEY GwHic sc� Tar Heel Capital 4960 NC Highway 49 ZONING INFORMATION Harrisburg, Cabanus County, North CaroUna \ +.muw w rnn SMN W. rMal l