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HomeMy WebLinkAboutMO-4617_15621_C_NRP_20200114_Filed Notice of Residual PetroleumDEAL, MOSELEY & SMITH, LLP ATTORNEYS AND COUNSELLORS AT LAW JAN 2 8 20?_0 SUITE B, COURTHOUSE KING 870 WEST KING STREET BOONE, NORTH CAROLINA 28607 Telephone (828) 264-4734 James M. Deal, Jr. Allen C. Moseley Claude D. Smith, Jr. *t Bryan P. Martin J. Tucker Deal Jeff Hedrick * Also Licensed in Georgia t Certified Mediator January 24, 2020 Trudy M. Beverly Hydrogeologist Mooresville Regional Office Division of Water Manager, NCDEQ 610 East Center, Suite 301 Mooresville, NC 28115 Mailing Address: Post Office Box 311 Boone, North Carolina 28607 Facsimile (828) 264-2712 t Re: Notice of Residual Petroleum, Phillips 66/Harrisburg, Incident Number: 15621 Dear Ms. Beverly: Enclosed please find a certified of the Notice of Residual Petroleum recorded in the Cabarrus County Register of Deed for the above referenced Phillips 66/Harrisburg, Incident Number 15621. If you have any questions or need anything further from our office, please feel free to contact us. Yours truly, DEAL, MOSELEY & SMITH, LLP 24 Martha'Pate Paralegal /mp C ri:-YVED JAN 2 8 2020 THIS CER TIFICA TION STA TEMENT MUST REMAIN WITH THE ATTACHED COPY IN ORDER FOR IT TO BE CONSIDERED A LEGAL DOCUMENT Wayne Nixon Register of Deeds Cabarrus County, North Carolina P.0.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. 13947_ begins with Page No. _149_ and ends with Page No. _153_. Witness my hand and seal this the _21 st_ day of _January_2020_. ♦�(l`t","l��f WAYNE NIXON, REGISTER OF DEEDS J. Williamson, Deputy Register of Deeds io ���� C1k��' ♦♦,. 139470149 Prepared by: FILED CABARRUS COUNTY NC WAYNE NIXON REGISTER OF DEEDS FILED Jan 14, 2020 AT 09:49 am BOOK 13947 START PAGE 0149 END PAGE 0153 INSTRUMENT # 01231 EXCISE TAX $0.00 MKL James M. Deal, Jr., Deal, Moseley & Smith LLP NOTICE OF RESIDUAL PETROLEUM Harrisburg, Phillips 66, Cabarnis County, North Carolina (Sire "ante) 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 143B-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 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 tise restrictions on the Site. The Notice has been approved and notarized by DEQ pursuant to N.C.G.S. Sections 14313-279.9 and 143B-279.1 1 and has/shall be recorded at the Cabarrus County Register of Deeds' office (name ofcouni}) Book Page Any snap or plat required by DEQ has been or shall be recorded at the C�Uh- *egister of Deeds Office Book , Page , and has been/shall be incorporated into the Notice by this reference. The attached Exhibit "A" shows the property and the area of contamination. Source PropertX Olivia Danielle Champion Elwood and Corey Elwood of 36835 Creek%vood Road, New London F 127-6756 is the owner in fee simple of all or a portion of the Site, which is located in the County a Fri s, State of North Carolina, and is known and legally described as: co T' • �j"' 9r�t cA oC ) '9! I rA/E Revised February 5, 2019 13947 0150 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. I Township, Cabarrus County, N.C., adjoining Mrs. Robert Decatur mid Z. A. Morris Estate and bounded as follows: BEGINNING at an iron stake 11 feel from the cement pavement on the North side of U.S. High►vay 29-A, corner of Mrs. Robert Decatur and runs thence with her line North 2-56 W. 1 S5 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 1 SS feet to an iron stake 11 feet frorn 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, datedJanuary 26, 1982. 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 �usCounty 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 Groundwater: Groundwater from the site is prohibited from use as a water supply. Grater 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 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, Olivia Danielle Champion Elwood and Corey Elwood have caused this Notice to be executed pursuant to N.C.G.S. Sections 14313•279.9 and 143B-279. l 1, this I"-I`rday of 7P, _.-6 . ,20 t't . U� t'z_� Olivia Danielle Champion Elwood Corey Elwood Revised February S, 2019 13947 0151 NORTH CAROLINA S� COUNTY (A'ame 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: -u'-6— n t ," o t lot (Official Seal) expires: IY ae y ``�ti1111rf►/►►/ ~o C 0z = 0 r "� fn O` NORTH CAROLINA _ t,�—: c.{., COUNTY (,Vane ojcounty in which acknmvledgmeni was taken) (signs a o4""ry Public) boy cc F L1ry2. (printed or aped name of X otaryPublic) Notary Public z My commission e-ff:r -- ff"" tq 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: -De4t4, f 7r 3o I `1 (Official Seal) expires: '�ls r f rrr►►,,��. ✓0�. . s O 0� Approved for the purposes of N.C.G.S. 14313-279.1 1 (signature ojRegiawl Supervisor) , Regional Supervisor (printed name ojRegiawl Supen-isor) Regional Office UST Section Division of Waste Management Department of Environment Quality (sign. a oJ: 'otary Public) To I "t F 2�rl(- (printed or typed name o%Notary Public) Notary Public My commission 139470152 Approved for the purposes of N:C.G.S. 143B-279.11 P,- 'U � �. ( ignature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA 1' 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) Dat (OJffcia/Sea/) Sherian R. Black ��,��ausulnuw„u�� Notary Public R pN . Notary Public Number 20041820022 MY My commission expires: COMu,SS" EXPIRES s tZ July 12, 2024 S' C00N 11 1 �947 0153 A GENERAL SURVEY NOTES: �tt LAND AREA....... ,.._. ...ti..«..............,.... ------------ e �..1 .•,ice_ .-f-�: 2 _ e. � _ .� - - ��.^•-s%ri .- C:.=T=.-� _ten:-_:�-._-�-�-� -, f. r cou • a_ll� y r,t •r'' 11►►+►+ ��_ fit \'' '• r � N - ((� ----- -- - r _ � ���.� •- ,,''f „\; __.. .INS \� u.. mz0 ¢zz11z W d a a zz�� a ¢U3m0L-% > U Z W 0 �u��� w O z z U � LL0 � z>CL cn ¢o' VZL'-Z Z 0 YE Q a. LLIQWr0�� m C) —3 W Z Lt] w»a -r O W W W e- ZdaC:�=r TOPOGRAPHIC SURVEY CR.ot.R' SCAU Tar Heel Capital 4960 NC Hlj" 49 ZONING INFORMATION - — Harrisburg, Cabarrus County, North Carolina I FRYEIANb• C1.1111 Gttd1 un... ....... ..... .'. 4ttlJ.� aA-13MATW LtiC d r•'C ..-..�..... ..._ yr .r •.e�