MO-28244_47502_C_NRP_20210504_Certified Notice of Residual Petroleum

THIS CERTIFICA TION STA TEMENT MUST REMAIN WITH
THE A TTA CHED COPY IN ORDER FOR IT TO BE
CONSIDERED A LEGAL DOCUMENT
Wayne Nixon
Register of Deeds
Cabarrus County, North Carolina
P. O. Box 707
Concord, North Carolina 28026
STATE OF NORTH CAROLINA
CABARRUS COUNTY
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. 15 jqLQ
begins with Page No. 5 and ends with Page No. u b
Witness my hand and seal this the day of N
WAYNE NIXON, REGISTER OF DEEDS
by.
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s, coy,,,

REGISTER OF DEEDS
11
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FILED May 04, 2021
AT
04:05 pm
BOOK
15146
START PAGE
0045
END PAGE
0048
INSTRUMENT #
19533
EXCISE TAX
$0.00
EMB
NOTICE OF RESIDIJAL PETROLEVM
Alicea Property 1951 Sequoia Hills Drive Harrisburg, NC Incident # Pending
Cabarrus County, North Carolina
Current Property Owners Deed Book # 11221 Page # 0318
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 Environmental Quality (or its successor in function), as authorized by N.C.G.S. Section
14313-279.9 and 14313-279.11. The North Carolina Department of Environmental 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 14313-279.11, 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 County Register
of Deeds' office Book , Page
Any map or plat required by DEQ has been/shall be recorded at the Cabarrus County Register of Deeds'
office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Luz C. Alicea of Harrisburg, North Carolina is the owner in fee simple of all or a portion of the Site, which
is located in the County of Cabarrus, State of North Carolina, and is known and legally described as:
LYING and being in No 1 Township, Cabarrus County, North Carolina, on the south side of Alice
Avenue and being Lot No. 35 of the J. Lee Pharr Property as surveyed by Fisher & Long, December
1970, and being more particularly described as follows:
BEGINNING at an iron stake in the South edge of Alice Avenue (said iron stake has a bearing of N. 57-
14 W. 400.78 feet from an iron stake in the West edge of the right of way of Pharr Mill Road) and runs
thence with the dividing line of lots Nos. 34 and 35, S. 32-46 W. 190 feet to an iron stake in the line of
Hoyt M. McCachren; thence with the McCachren line N. 57-14 W. 125 feet to an iron stake, back corner
of Lots Nos. 35 and 36; thence with the dividing line of Lots 35 and 36 N. 32-46 E. 190 feet to an iron
stake in the South edge of Alice Avenue; thence with Alice Avenue S. 57-14 E. 125 feet to the
BEGINNING.�ni ��
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Parcel ID # 01-018-0001.50

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 Deeds 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 activities on, over, or under the land.]
Soil: Soil containing residual petroleum above applicable regulatory standard(s) remains on the site in
the area identified in Figure 1, Attachment A. No soil shall be excavated or disturbed within 3 feet
of the area identified in Figure 1, Attachment A 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 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
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, Luz C. Alice has caused this Notice to be executed pursuant to N.C.G.S.
Sections 143B-279.9 and 143B-279.11, this /9day of -TR lr ya Y ! , 2021.
Signed By:�t�C
Signatory's name typed or printed: Luz C. Alicea
NORTH CAROLINA
Cabarrus COUNTY
I certify that the following person personally appeared before me this day, acknowledging to me that she signed the
foregoing document: Luz C. Al; m
Date: V .,n 19, 2021
(Official Seal)
Robinson
5ry 'oCounty
orth Carolln�
(' nature of Notary Public)
Qeniamki V. Robinson
V
(printed or typed name of Notary Public)
Notary Public
My commission expires &rd
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Approved for the purposes of N.C.G.S. 143B-279.11
( gnature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
a4cw I 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)
Date:
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(official Seal)
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Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024
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Beverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, May 12, 2021 8:32 AM
To: Ben Robinson
Subject: RE: [External] Alicea Property UST-61
Received.
Trudy
Trudy Beverly, L.G.
D
IE �1
Hydrogeologist, Division of Waste Management
_ North Carolina Department of Environmental Quality
Q�
LF Pa.rI n. of Lnorun,w 0MOT ` UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. B everlykncdenn gov
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: ht_pt s://deg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hgps:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-proeram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://deu.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans
File Review Procedures:
ht_pt s://deq.nc.gov/about/divisions/waste-manaeement/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
httns: //dea.nc. eov/about/divisions/waste-manaeement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
httys:Hfiles.nc.eov/nedea/Waste%2OMana2ement/DWM/UST[WhatsNew/Final-Electronic-Document-Submittal-Policy.odf
https:Hfiles.nc.gov/ncdeg/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Ben Robinson [mailto:[e-mail]]
Sent: Wednesday, May 12, 2021 8:30 AM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] Alicea Property UST-61
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Please find attached to this e-mail the well abandonment record and the certified copy of the NRP for this
site. Please forward the Conditional NFA at your earliest convenience and we will perform the Public
Notice. Thank you very much!
Ben Robinson, L.G.
Paragon Environmental Consultants, Inc.
On Wed, Apr 21, 2021 at 8:22 AM Ben Robinson <brobinson8915Aamail.com> wrote:

Yes I do, I'll be in the office all day. [phone] is my cell phone number. Thanks!
Ben Robinson, L.G.
Paragon Environmental Consultants, Inc.
On Wed, Apr 21, 2021 at 7:52 AM Beverly, Trudy <trudy.beverly&ncdenr.gov> wrote:
Hey Ben,
Do you have time for a phone call this morning about this site? What's a good number for me to reach you?
Thanks,
Trudy
it"P ---. E��
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.Beverlykncdenr. gov
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-mana,gement/ust
Branch's Above Ground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment ig smap_s
File Review Procedures:
https:Hdeq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https:Hdeq. nc. gov/about/divisions/waste-management/laserfiche

Document Submittal & UST File Names for Laserfiche Policies:
https://files.ne.2ov/ncdeq/Waste%2OMana2ement/DWM/UST/W hatsNew/Final-Electronic-Document-Submittal-Policy.pdf
hgps:Hfiles.nc. gov/ncdeq/W aste%2OManagementIDWM/LJST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Ben Robinson[mailto:[e-mail]]
Sent: Thursday, January 28, 2021 12:31 PM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] Alicea Property UST-61
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Thank you very much!
Ben Robinson, L.G.
Paragon Environmental Consultants, Inc.
On Thu, Jan 28, 2021 at 10:56 AM Beverly, Trudy <trudy.beverlykncdenr.gov> wrote:
Hey Ben,
Attached is an electronic copy of the UST approved NORP. The original will go out with the mail today to you for
filing.
Have a great day,
Trudy
9

fH hY':• :...
runeiR el tmrrnnment�l 4ua4TY
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.Beverlygncdenr. gov
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: hgps:Hdeq.nc.izov/about/divisions/waste-manaizement/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:
https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-datalwaste-mana eg ment ig s-mates
File Review Procedures:
https:Hdeq.nc. gov/about/divisions/waste-managementlust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hgps:Hdeq.ne.,aov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
httys://files.nc.gov/ncdea/Waste%20Management/D W M/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.ydf
httns:Hfiles.nc. aov/ncdeq/W aste%20ManagementID WM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx
From: Ben Robinson[ma iIto: [e-mail]]
Sent: Thursday, January 28, 2021 8:37 AM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] Alicea Property UST-61

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
I do not have an e-mail for Ms. Alicea (I'm not sure that she uses one), but I can forward it to her real estate
agent by e-mail. If you'd like to send a hard copy, her current mailing address is the site address, 1951
Sequoia Hills Drive, Harrisburg, NC 28075. Thank you very much!
Ben Robinson, L.G.
Paragon Environmental Consultants, Inc.
On Thu, Jan 28, 2021 at 8:24 AM Beverly, Trudy <trudy.beverlykncdenr.gov> wrote:
Hey Ben,
The NORP arrived. I'm headed into the office later this morning to get it signed. Do you have an email address for
Mr. Alicea or should his copy by mailed USPS?
Thanks,
Trudy
., DEQ "
is
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.BeverlyC&ncdenr. gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
0

Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: https:Hdeg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https:Hdeg.nc.aov/about/divisions/waste-mana,aement/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
htWs:Hdeq.nc.,gov/abouUdivisions/waste-management/waste-management-rules-datalwaste-mans eg ment ig s-mates
File Review Procedures:
hUps:lldeq. nc. gov/about/divisions/waste-management/ustlfile-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://deg.nc.,gov/abouUdivisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.sov/ncdea/W aste%20Mana¢ement/D WM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.pdf
https://files.nc. gov/ncdeq/Waste%20ManagementIDWM[UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx
From: Ben Robinson[mailto:[e-mail]]
Sent: Thursday, January 21, 2021 2:45 PM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] Alicea Property UST-61
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to Report Spam.
Ok, thanks! I will put that NRP in the mail to you this afternoon and forward the well abandonment record
as soon as it is available. Thank you very much!
6

Ben Robinson, L.G.
Paragon Environmental Consultants, Inc.
On Thu, Jan 21, 2021 at 6:53 AM Beverly, Trudy <trudy.beverly&ncdenr. oovv> wrote:
Good Morning Ben,
The NRP can be filed prior to the well abandonment for a property transaction to take place. NRPs can be filed at
any time. The site closure would be held up due to the risk no being low. I would not be able to issue the
Conditional NFA until the well abandonment paperwork was received showing that the site would be low risk. You
can go ahead send in the NRP.
Trudy
NA
tal OUR"
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. B everlykncdenr. gov
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:Hdeg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hM2s:Hdeq.nc.gov/about/divisions/waste-mana,gement/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
htWs:Hdeq.nc.gov/about/divisions/waste-management/waste-management-rules-datalwaste-management- ig s-mates
File Review Procedures:
https://deq.nc. gov/about/divisions/waste-managementlustlfile-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):

https:Hdeg.nc.,gov/about/divisions/waste-manaaement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
htti)s://files.nc.gov/ncdep/W aste%2OMana¢ement/D WMIUSTfWhatsNew/Final-Electronic-Document-Submittal-Policv.udf
https:Hfiles.nc. gov/ncdeq/Waste%2OManagementIDWMIUST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Ben Robinson[mailto:brobinson8915@l;mail.com]
Sent: Wednesday, January 20, 2021 3:04 PM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] Alicea Property UST-61
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to Report Spam.
Hey Trudy,
I've got a couple questions about this site. The RP is planning to abandon the only supply well within 150
feet of the source area and achieve closure with a NRP once that has been done. I've already had the RP
sign the NRP (attached for your reference) while I was on -site for the tank removal, which was completed
on January 18, 2021. I was going to hold that NRP and submit it along with the well abandonment record
once the supply well had been abandoned. I've just been informed that the earliest the well contractor
they've chosen can schedule the well abandonment is February 15, 2021. The supply well abandonment
and recording the NRP at the Cabarrus County Register of Deeds are the last two tasks to complete before
the property is sold. I was curious if I could go ahead and mail the original copy of the NRP to you for
Ron's signature in the meantime, and once it is returned to us, I could wait until the supply well is
abandoned to record it at the Cabarrus County Register of Deeds. I thought that having the completed
NRP in my possession would allow me to get to the Cabarrus County Register of Deeds as soon as
possible after the supply well abandonment. Just hoping to save some time, as they are anxious to close on
this property and the well abandonment and NRP are the only things holding up the closing. Please feel
free to give me a call at [phone] if you have any questions. Thanks!
Ben Robinson, L.G.

Paragon Environmental Consultants, Inc.
On Tue, Jan 12, 2021 at 8:56 AM Beverly, Trudy <trudy.beverlykncdenr.gov> wrote:
Received.
Trudy
Vepirlmen[oi Lnr.ronmentfl OuxWly
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. B everlykncdenr. gov
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:Hdeg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https:Hdeq.nc.aov/about/divisions/waste-mana,aement/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deq.nc.,gov/about/divisions/waste-management/waste-management-rules-datalwaste-mana eg ment gis-mates
File Review Procedures:
hUps:Hdeq.nc. gov/about/divisions/waste-management/ustlfile-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://deq.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
htti)s:Hfiles.nc.sov/ncdea/W aste%2OManagement/D V;NMSTIWhatsNew/Final-Electronic-Document-Submittal-Policy.i)df
https:Hfiles.nc. aovincdeq/Waste%20ManaaementIDWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx

From: Ben Robinson [mailto:[e-mail]
Sent: Tuesday, January 12, 2021 8:28 AM
To: Beverly, Trudy <[e-mail]>
Subject: [External] Alicea Property UST-61
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to Report Spam.
Please find attached to this e-mail the UST-61 for the Alicea Property. Thank you very much!
Ben Robinson, L.G.
Paragon Environmental Consultants, Inc.
10