MO-9433_40867_G_C_20200210_Draft Notice of Residual Petroleum for UST Review

MEMORANDUM
TO: Ms. Trudy Beverly
FROM: Jim Pharr
DATE: February 10, 2020
SUBJECT: Notice of Residual Petroleum Product
Included please find out Notice of Residual Petroleum for Rocky River Presbyterian Church,
7940 Rocky River Road, Concord, NC. Though the mailing address is Concord, this property is in
the corporate limits of Harrisburg, NC.
Please advise if changes are needed and let us know of our next steps.
Tha k you
Jim
harr
98
-329-6225

NOTICE OF RESIDUAL PETROLEUM
_Rocky River Presbyterian Church _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 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 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 county)
Any map or plat required by DEQ has been/shall be recorded at the _Cabarrus Register of
(name of county)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Source Property
_Rocky River Presbyterian Church of _Harrisburg, NC
(owner's name) (city & state of homeowner)
simple of all or a portion of the Site, which is located in the County of
Carolina, and is known and legally described as:
is the owner in fee
Cabarrus , State of North
Revised February 7, 2019

BEGINNING AT A POINT IN THE CENNTERL.INE OF ROCKY RIVER ROAD (S. R. 11341,
ag.rIVG A CMWN CORNER 07 THE PROPERTY OF ROCKY RIVER PRLSBYT'ERIAN
CHURCFt AND TND PROPERTY OF TQMY J, LINKER (BOOK 757, PAGE 3861, NOW OR
POPMRLY, AND RUMAr1W FRCW SAID BEGINNING POINT ALONG ME CENTERLIn OF
RocKy RIMER ROAD $ 28--22--06 W 57.14 FEET TO A PAINT IN THE CENT.ERLZfflE
OF SAID ROAD, THENCE CONT'INUIM ALONG THE CF;NTER,t lND OF ROCKY RIVER
ROAD S 26-30-10 W 10 0. 00 FEET TO A POINT IN THE CENTZRLXNE OF SA10
ROAD; THENCE CONTINUING ALONG THE CENTERLINE OF ROCKY RIVER ROAD S
31-53-12 W 99.95 FEET TO A FAINT IN THE CRNT RUNE OF SAID RCAF; THENCE
CONTINU.TIVO ALONG THE CENTERLINE OP ROCKY RIVER ROAD S 33-32-06 W 100= 0
FTEP TD A POINT IN THE CENTERLINE OF .SAID ROAD; THSAICB CONMNUINt; ALONG
T'TtE CENTERLINE OF ROCKY RIVER ROAD S 36-46-48 W 76..17 FEET TO A POINT
IN THE CENTERLINE OF SAID Rom/ THENCE CONT'rNUTNG ALONG THE CENTERLINE
OF ROCKY RIVER POAU S 34-48-1.3 W 67,32 ,FEoET TO A PDX IN THE
,TNTERSECTION OF .RXKY RIVER ROAD AND LOWER ROCKY RIVER ROAD (S.R.
1136) THENCE CONTINUTNG ALONG THE CENTERLINE OFROCKY .RIVER ROAD S
57-57-06 N 648.96 FEET- TO A PDXNZ r[V ME INTMR'SECTION OF ROCKY RIVER
ROAD AND PHARR BILL ROAD (S. R. 1158) ; THENCE FOLLQWXNG THE CENTERLINE
OF PHARR MILL ROAD N 3C-33-04 W 117.25 FEET TO A POINT IN THE
CENTERLINE OF SAID ROAD, PREMOR CONTINUING ,LONG THE CE'NTERLME OF
PHARR MILL ROAD N 25 - 0 6 - 32 W $ 8. 30 FEET TO A POINT TIV THE CENTERLINE OF
SAID ROAD THENCE CONTINUING ALONG THE CENTERLINE OF PHARR MTLI ROAD N
18-42-5 8 W 57.79 FEET TO A POINT IN THE CEhtTERLZNZ OF SAID ROAD,
TIfENCE CojVTINVjN6 AL014G THE CENTERLINE OF PARR MILL ROAR N 11-05-02 W
67.58 FEt;T TO A POINT 1N 'ME CENTERLINE OF SAID ROAD; TANCE CONTINUING
ALONG T'RE CENT',t±RLINg OF PH"R MILL FtW N 06-41--53 W 79.52 FEET TO A
POINT IN THS CEFN7'ERLIMZ OF SAID ROAV7 THENCE CONTINUING ALONG THE
CENTEJUIVE OF PHAR.R, MILT. ROAD N 08-21-21 W 90.59 FEET TO A POINT IN
T'1!E CENTE'RLIME OF SAID ROAD; THENCE LEAVING PHAM !KILL ROAD N 17-69-01
i1 TO A PDXNT; THENCE S 71-34--34 E 1.13.88 .FEET TO A NAIL BY CHANNEL IRON
(F) BENT IN STONES; THENCE N .34-.34-41 E 327.44 FEET W A $WNE (F)
T'HSHCE N 65-53-49 W 76,35 FEET TO A FLAT TRON (F); 711S fCE N 04-41. -38 W
361.36 FEET TO A POI'NTi THENCE N 04-41-38 W 155,00 FEET TO AN IRON FIFE
(S) in BRANCH, THENCE N 38-06-49 W 253.17 .F"EET' TO A POINT, THENCE S
42-02-44 W 98.83 FEET TO A POINT; THENCE 5 18-16-43 W 671.39 FEET TO A
POINT; THENCE 3 28--115-43 W '74.50 rtsT To A ?OIN'T' IN THE CEli MRLINE OF
PHARR MILL ROAD; THEMUZ FOL.LOKING TEZ CZlVrVRLrNE OF PHARR MILL ROAD N
09-56-l5 W 293.99 FEET TO A POINT; THENCE LEAVING PRARR MILL ROAD N
62-45-50 E 34. 60 1 ET" TO A POINT; TREPCE N 02-45-50 E 949,23 FEET" TO A
POINT; TfiENCSE N .17-58-09 W 518.95 FEET TO AN OLD IRON M AT FSN E
CORNER; Tf VNCE N 83-1.6-57 E 341 .53 FEET TO A NALL UY OLD IRON (F)
BENTTHENCE S 53-28-41 F 494. 01 FEET TO AN OLD IRON (F) ; THENCE S
5 -28-41 E 841.7.1 FEET TO AN .IRON PTN (S); THENCE S 35-43-50 W 6.30.95
FEET TO AN IRON PIN 05) AT FENCE CORDER AND STORE WALL, THENCE S
52-06-22 E 330, 00 FEET TO AN IRON PIN (S) ; r1trMCE 3 54-06-22 E 177. 60
FEET TO AN IRON FIN M; j r THENCE S 5 4 - 0 6 -22 E 30.78 FEET TO THE POINT
AND PLACE OF BEGYNNING, CONTA.IN.ING 40.899 ACRES, MORE OR LESS,
ACCORDING TO A BOUNDARY SURVEY BY OAZGORY S. FLOWE, P.LS, f7F BEN M'
FLOWE AND SONS, DATED mAY 25, 2009, REF'FRENCE TO SAID SURVEY f3EINtl
MADE FOR A MORE COMMME,, AND ACCURATE DESCRIPTION.
Revised February 7, 2019
2

Additional Affected Property Also Subject to Restrictions
of
is the owner in fee simple of a portion of
(owner's name) (city & state of owner)
the Site, which is located in the County of , State of North Carolina. Petroleum
contamination is located on this property at the time this Notice is approved. This property was also
owned or controlled by the underground storage tank owner or operator or another party responsible for
the petroleum discharge or release at the time the discharge or release was discovered or reported, or at
any time thereafter. This property is known and legally described as:
(Insert Real Property Description Here for Additional Properties Owned or Controlled by Any Owner or
Operator of the Underground Storage Tank or Other Responsible Party, if Applicable)
Additional Affected Property Not Subject to Restrictions
Additionally residual petroleum is also located on the following property. The following
property is not subject to land use restrictions pursuant to N.C.G.S. Section 143B-279.9(b). The
following property is known and legally described as:
(Insert Legal Description of Other Real Property Affected by Residual Petroleum Not Owned or
Controlled by Any Owner or Operator of the Underground Storage Tank or Other Responsible Party, if
Applicable)
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
[Restrictions apply to octivilies on, over, 01' under the lclnd. Choose one or nlore of the f dlowing as
aflpro rrrclte.
Soil: Alternate 1) Soil containing residual petroleum, above applicable regulatory
standard(s), remains on the site in the area identified in Figure 1, Attachment A). No
Revised February 7, 2019
6

copy of that figure(s)). No soil shall be excavated or disturbed within 3 feet of the
area identified in Figure 1, Attachment except to remediate the soil in accordance
with all applicable state and federal statutes, regulations and guidelines.
Groundwater: Groundwater within 150 feet of the site is prohibited from use as a water supply. Water
supply wells of any kind shall not be installed or operated within 150 feet of 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, ��rt. � B. S„ars has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 207N day of FM9vAr9t , 20 Zo.
-1-0 tics
f r .ble party if agent is signing)
By:
(si ature o sponsible party, attorney or other agent if there is one)
(title of agent for responsible party if there is one)
Signatory's name typed or printed: &-eNl! 8 . TOVEs
(Note to be deleted on.Tnal document: Preparer of document must assure that the correct
acknowledgement is used and complies with changes effective October 1, 2006)
Choice One: Instrument signed by one person
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:
Date:
(Official Seal)
(signature of Notary Public)
(printed or typed name of Notary Public)
Notary Public
My commission
expires:
4 Revised February 7, 2019

My commission
expires:
Choice Two: Acknowledge by attorney in fact
NORTH CAROLINA
COUNTY
(Name of county in which acknowledgment was taken)
I, , a Notary Public for said County and State, do hereby certify that
, attorney in fact for , personally appeared before me this day, and being by
me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of the said
, and that his authority to execute and acknowledge said instrument is contained in an instrument duly
executed, acknowledged, and recorded in the office of in the County of
, State of , on the day of 20 _ and
that this instrument was executed under and by virtue of the authority given by said instrument granting
him power of attorney.
I do further certify that the said acknowledged the due execution of the
foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said
WITNESS my hand and official seal, this the day of
(Official Seal)
expires:
/M
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission
Choice Three: Conveying security interest in personal property of a corporation
NORTH CAROLINA
C 6C)C '( rk t' COUNTY
(Name of county in which acknowledgment was taken)
C�aV, , a Notary Public for said County and State, do hereby certify that
r personally came before me this day and acknowledged that he is
of and acknowledged, on behalf of G,G Q C , the grantor
the due execution of the foregoing instrument. Qr Q:5,�SA er \,c% y\ C ti h
WITNESS my hand and official seal, this the day of V:,v r , 20. —
(Official Seal) (si nature of No(�ary Public) /1
`r Cy C� .� l �Q i
printed or typed name of Notary Public)
Notary Public
Revised February 7, 2019
5

My commission
expires:
for the purposes ofN.C.G.S. 143B-279.11
Regional Supervisor
name of gional Supervisor)
" egional Office
UST Section
Division of Waste Management
Department of Environment Quality
NO)`I1INA
COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person(s) personally a peared before me this day, each acknowledging to me
that he or she signed the foregoing document: aj a 4, r (fll printed name of Regional Supervisor)
Dat��
(Official Seal)
expi g
ar-12
202,
QHERIA& No,���%
NOT
P4, 4fp9'p,� -
(si ante o�Notary Par
Plat—1 _
printed or typed name of Notary Public)
Notary Public
My commission
Revised February 7, 2019
6

Figure 2 Attachment A
Rnundc,� 9�rv�y
i 40,899wAcrea
Rocky River Presbyterian Church
R—Y R,! Road
c—'iulCouniy, N.C.
l
Revised February 7, 2019
12

Cemetery
V%
,ontamination
--,I area —
Stone Wall
OWN
I FFE 589-41' L
Education
Bldg r
I
Concrete Park
r--------•-
Gravel Parking
18 PS
18 PS
Revised February 7, 2019