MO-4617_15621_C_NRP_20200114_Filed Notice of Residual Petroleum

DEAL, 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 [phone]
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 [phone]
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
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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:
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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'
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11 1 �947 0153
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