MO-27787_47097_G_C_20200629_Draft Notice of Residual Petroleum Discussion

Cabarrus County Property Report
6/29/20, 1:55 PM
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DM PropertiesSite. 1309 Mooresville Road, Kannapolis. Cabbarus 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 ([1ST) 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 143E-279.9 and 14313-279.11. 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 143E-279.9 and 143B-279.11 and has/shall be recorded at the
Cabbarus County Register of Deeds' office Book , Page
(nanae of county)
Any map or plat required by DEQ has been/shall be recorded at the
Register of
(name Qf county)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Source Property
Drew Maher. Inc. of Kannapolis, North Carolina is the owner in fee
(owner's nain) (c in- & state aj7romeowner)
simple of all or a portion of the Site, which is located in the County of Cabaarus , State of North Carolina,
and is known and legally described as:
1309 Mooresville Road Kannapolis, NC 28081
Parcel ID - 5613070027
Legal Description - PIn LTS 149-153 W F WINECOFF ESTATE
Additional Affected Property Also Subject to Restrictions
loll
(owner's name) Mtv & state of owner)
the Site, which is located in the County of
is the owner in fee simple of a portion of
State of North Carolina. Petroleum
Revised February 7, 2019

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:
There is no additional affected property.
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:
There is no additional affected property.
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 Cabbarus 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
soil: Soil containing residual petroleum above applicable regulatory standards) remains
on the site in the area identified in Figure 1, Attachment A (Refer to extent of
contamination as diagrammed in an existing report and attach copy of that. figure(s)).
No soil shall he 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 from the site is prohibited from use as a water supply. Water supply
Revised February 7, 2019
2

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, Drew Maher has caused this Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day of 20 �.
Ij
Drew Maher Inc
(rca eo/tewaaerblepa.y fa8m,rrs aigmg)
By:
(stgnat�on tbte party, anmTey m o@er agent jmere b one)
i544,w �/esldenf-
(dNa fa8entfor re Donsibleparty ifthere is one)
Signatory's name typed or printed: Dpcw fY\Q.i1C.0
NORTH CAROLENA
COUNTY
(Name ofcowry an which a Annerl asment. 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 Sea])
expires:
(srgnanue ojNaea, Public)
(primed or aped name of1cowry Public)
Notary Public
My commission
(printed or typed name ofNomry Public)
Notary Public
Revised February 7, 2019

My commission
expires:
Approved for the purposes of N,G.G.S. 14313-279.11
(signature of Regional Supervisor)
, Regional Supervisor
(printed name afRegional Supervisor)
Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
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: (full printed name of Regional Supervisor)
Date:
(Official Seal)
expires:
(signature of Notary Public)
(printed or tvped name pf Notary Public)
Notary Public
My commission
Revised February 7, 2019
4

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Beverly, Trudy
From: Drew Maher <[e-mail]>
Sent: Wednesday, July 1, 2020 9:49 AM
To: Beverly, Trudy
Cc: Marshall Griffith
Subject: Re: [External] Re: NORP work
• 1 email. Do not click links or open attachments unless you veri
MEart.spam@�7c.gov
Thanks. Will mail it out this afternoon.
Thanks,
Drew Maher
Owner/Broker
704.258.9227
dmaherproperties.com [dmaherproperties.com]
P-1
On Wed, Jul 1, 2020 at 7:00 AM Beverly, Trudy <trudy.beverly&ncdenr.gov> wrote:
Good Morning Drew,
Please mail the NORP to the following address
Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Trudy
FI;Wr rxnlM Lrr;W nmenWl 6ua'�
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.Beverlykncdenngov

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:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: htips:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
haps://deq.nc.,eov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment ig s=maps
File Review Procedures:
hgps://deq.nc.,gov/about/divisions/waste-managementlust/file-review-procedures#mooresville-regional-office
i
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https:Hdeg.nc.,gov/about/divisions/waste-manaaement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
httys://files.nc.gov/ncdea/Waste%20Management/D WM/UST/WhatsNew/Final-Electronic-Document-Submittal-Poliev.adf
b-gs:Hfiles.nc. gov/ncdeq/Waste%20ManagementIDWMIUST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Drew Maher [mailto:[e-mail]]
Sent: Tuesday, June 30, 2020 11:48 AM
To: Marshall Griffith<[e-mail]>
Cc: Beverly, Trudy <[e-mail]>
Subject: [External] Re: NORP work
Thanks, Alan.

Trudy, I have signed, and have had notarized the approved text portion. I have also printed the approved map
revision. Can you please confirm the address you would like these mailed to?
Thanks,
Drew Maher
Owner/Broker
704.258.9227
dmaherproperties.com [dmaherproperties.com]
H1
On Mon, Jun 29, 2020 at 3:48 PM Marshall Griffith <griffithentexprisesnckgmail.com> wrote:
Hi Drew,
As you saw in the previous email, Trudy has accepted the revised map. You may proceed with including the
map with your signed and notarized NORP document and mailing it to her in Mooresville for the NCDEQ
signature and their notarization.
Trudy will then send it back to you for recording at the Cabarrus County Register of Deeds. After recording,
you will then mail Trudy back an official final recorded copy for the NCDEQ Incident File.
Thanks.
Alan
> On Jun 26, 2020, at 10:36 AM, Drew Maher <drewkdmaherproperties.com> wrote:
> Understood and approved.
> Thank you.
> Drew Maher

> Owner/Broker
> 704.258.9227
> dmaherproperties.com [dmaherproperties.coml
> Sent from my iPhone
>> On Jun 26, 2020, at 7:24 AM, Alan Griffith <griffithenterprisesnc(c gmail.com> wrote:
>> Hi Drew,
>> With Trudy requiring an additional elaborate map for the NORP filing, I will need to charge $500 for my
services to complete all of this. I just wanted to get your approval before I started on Monday.
>> Alan
>> Sent from my iPhone