MO-9532_40967_G_C_20201201_Draft Notice of Residual Petroleum for UST Review

INEN
Ron Taraban
NC DEQ UST Section
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 281.15
132 W. Statesville Ave.
Mooresville, NC 28115
[phone]
Fax: [phone]
December 1, 2020
RECEIVED
DEC U 12020
RE: Notice of Residual Petroleum
John Adams Property, 934 Mallard Creek Church Road, Charlotte, NC
Facility ID# 00-0-0000040967 / Mecklenburg County
MO-9532
Dear Mr. Taraban,
Please find attached the Notice of Residual Petroleum (NORP) for the subject site. The NORP
has been signed and notarized by the Responsible Party. Based on the request of the Responsible
Party, I am asking that the approval of this NORP be expedited so that a property transaction can
take place. In that regard, please let me know when the paperwork is approved if there is a
possibility of me picking it up.
I should also point out that the property description is based on a survey filed with Mecklenburg
County in 2017 and not based on the Warranty Deed that is posted on the Registrar of Deeds
website. The difference to my understanding is a purchase of a portion of the right-of-way for
the widening of the road.
Please let me know if you have any questions or concerns.
Providing Environmental Engineering, Technology and Service

NOTICE OF RESIDUAL PETROLEUM
John Adams Property, 934 West Mallard Creek Church Road, Mecklenburg County, North Carolina
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 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 14313-279.9 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 Mecklenburg County
Register of Deeds' office Book , Page
Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg County
Register of Deeds' office Book N/A Page N/A , and has been/shall be incorporated into the Notice by
this reference.
Source Property
John Wayne Adams and Catherine D. Adams (as joint tenants with rights of survivorship) are the
owners in fee simple of all or a portion of the Site, which is located in the County of Mecklenburg, State
of North Carolina, and is known and legally described as:
Beginning at a right of way disc found on the northeasterly margin of West Mallard Creek Church Road in
the City of Charlotte, North Carolina thence with a bearing of N37°20'24"W and a distance of 82.53' to a
right of way disc; thence along the easterly margin of John Adams Road with a bearing of N08°00'03"E
and a distance of 182.65' to a point; continuing with a bearing of N19'44'18"W and a distance of 66.58' to

a point; continuing with a curve to the right with a radius of 2261.83' and an arch length of 76.23', being
chorded with a bearing of N06°25'23 "E and a chord distance of 76.22' to a point; thence leaving said road
with a bearing of N87'01'09"E and a distance of 373.26' to a point; thence with a bearing of S 13°04'49"W
and a distance of 540.41' to a point on the northeasterly margin of West Mallard Creek Church Road; thence
along said road with a bearing of N60002'53 "W and a distance of 244.52' to the point of beginning,
containing 3.256 acres, more or less; as shown on survey by Carolina Surveyors, Inc. dated May 11, 2017
and updated September 8, 2017.
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 Mecklenburg 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
Groundwater: Groundwater from the site is prohibited from 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 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.
[Signature page follows]

IN WITNESS WHEREOF, John Wayne Adams has cause s Notice to e executed pursuant to
N.C.G.S. Sections 143B-279.9 and 14313-279.11, thi �ay of No mber, 2020.
ByA
s ature o responsible party at ey or other agent if there is one)
Signatory's name typed or printed: John W
NORTH CAROLINA
MECKLENBURG COUNTY
(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: John Wayne Adams.
Date: At
74 7,07-0
I / /�),
(Official Seal)
for the purposes
N.C.G.S. 14313-279.11
Regional Supervisor
name of Regional Supervisor)
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
COUNTY
(Name of county in which acknowledgment was taken)
r1(st,W tary
T�O�
�aV1 vE�(
printed or typed name of Notary Public)
Notat y—Fubl N DWAINE HOLDEN
NOTARY PUBLIC
My c mrWdQEXQWWCOUNTY NC
My Camrlbba Eon 12-7-2023
I certify that the following person(s) personaljy 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) qa,,ure orNorary Pul
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�. y printed or typed name of Notary Public)
MY
MMISSION EXPIRES E Notary Public
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