MO-28888_48094_C_NRP_20211109_Filed Notice of Residual Petroleum

CERTIFIED COPY
FREDRICK SMITH, REGISTER OF DEEDS
MECKLENBURG COUNTY, NC
720 E. FOURTH STREET
CHARLOTTE, NC 28202
[phone]
State of North Carolina, County of Mecklenburg
I hereby certify that this is a true and accurate copy of the document which appears on
record in the Office of nth'ie) ,R-negister of Deeds of Mecklenburg County, North Carolina as
Instrument Number /VQ4 in Book Number Page
Number and ending with Page Number 36 �-,)
Witness my hand and seal this the 9A day
FREDRICK SMITH, R,EG/-IySTER OF DEEDS
Deputy Regis r of Deeds
THIS CERTIFICATION SHEET IS A PART OF THE DOCUMENT

B36744 - P 298
FOR REGISTRATION
Fredrick Smith
REGISTER OF DEEDS
Mecklenburgg County NC
2021 NOV 09 02:48:�8 PM
BK:3FEE4$26•. 008-602
INSTRUMENT # 2021214066
TAYLORD
1111111
2021214066
NOTICE OF RESW CAL PETROLEUM
2422 West Sugar Crook Road, Charlotte, Mecklenburg County, North Carolink
UST Incident #48094:
The property that is the subject of this Notice (hereinafter raferred to as the. ASite")
enntAtna residual petroleum and is an Underground StorogeTank (UST) incident apder North
Caroliva°a Statutes and Regulations, which. consist of N.C.G.9.14341544 and regulations adopted
thereunder. This Notice is part of a remedial action for the Site that has been.approved, by the.
Secretary (or Mather delegate) of the North Carolina Department of Euvironhtental Qhafity (orris
successor In. function), as authorized by N.C.G.S. Section 14313-279.9 and 14331-279.11. The North
Carolina Department OMAVIroameatal Quality shall hereinafter be referred to as "DE(a".
NOTICE
Petroleum product was released and/or discharged at the Site. Petroleum constituents remain
on the site, but are not a dauger to public bealth and the environment, provided that the,
rgRtrWons described herein' and any other measures required by DEQ pursuant to N.C,G,$.
Soctiaus 143D-7'79.9 and 143W27Ml, are strictly complied with. This "Notice of Residual
Pettoleunl" is composed of a description of the property, the location of the residual petrolowo, and the
laad use restrictions on the Site. The Notice: has been approved and notarized by DEQ pursuant to
N.C.G.S, Sections 1438-279.9 and 143B-279.11 and haslshail be recorded at the
Mecklenburg Register of Deeds' office -Book Page _.
TM—M visow*)
Aiiymup or plat required by DEQ has been/shall be recorded At the; Mecklenburg
Register of
!name. oJxvrmry).
Deeds' Office Book , Page and has boon/shall be incorporated into the Notice by this teference.
Source PrOilertW
West Sugar Creek Ll C of Charlotte North Carolina are the owners in fee
simple of all or a portion of the Site, which is located in the County of Mecklenburg, State otNorth
Carolina, and is known and legally described as: q e}�CK
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t aiSTcR
yo
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l c2 l /�✓ , i isgd Sebraaey 7 201 "
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Beginning at a I" open pipe, within the right of way of Hunter Ave. (Public X Yaries), a common corner
with the deeded lands of Harvey W, Triplett (Deed Book 7155, page 643); Thence with the shared Triplett
line S. 23-49-44 E. 110.83 feet to a found angle iron, a common corner with lands of UPI of Charlotte,
LLC (Deed book 18377, page 27); Thence with shared line of UPI of Charlotte, S 68-32-46 W. 300.97
feet to a point in the Right of Way of West Sugar Creek Road (Public R/W Varies), N. 27-14-40 W. 103.82
feet to a point' thence with Hunter rive N. 37-09-24L 307.12 feet to a I " open top pipe, returning to the
point and Place of Beginning and containing .747 acres more or less,
For protection of public health and the environment, the following land use restrictions required
by N.C.O.S. Section 14313-219.9(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
Mecklenborg_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 standord(s) remains
on the site in the area identlfed in Figure 1, Attachment A, No soil shall be
excavatedor 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: Grouadwaterfrom the site is,peohibited f etat use as a water supply. Water supply wells
of airy 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 caned 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 restrictions) 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.
Revised February 7, 2019

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Henson
IN WITNESS WHEREOF, Andrew H. has caused this Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 14313-279.11, this day of November, 20.2 .
2422 West Sugar Creek, LLC
By Is res eastbfe parry agent signing)
By -
signature ofresponrlhlparty, aorney or other ages! Ulhere is one)
Andrew H. Henson, Manager/Member
(title gfagentfor responsible parry If there Is one)
Signatory's name typed or printed: Andrew H. Henson
NORTH CAROLINA
MECKLENBURG COUNTY
(Name of county in which ac,imowledgment 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: Andrew H. Henson
Date: /[Lv2
(stgnafure afNotary Public)
BERNADINE B.TRIPP Bernadine B. Tripp
NOTARY PUBLIC printed or,typed name of Notary Publia)
MECKLENBURG COUNTY Notary Public
NORTH CAROLINA
My commission 7/24/2025
expires: 7/ 2 4/ 2 0 2 5
#LC
Revised February 7, 2019

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Approved for the purposes of N.C.G.S. 143B-279.11
(signature of Regional Supervisor)
Ronald H. Taraban, Ph.D.
Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environmental Quality
L f/Q'JI Pit I County, State of North Carolina
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:
Ronald H. Taraban (printed name of Regional Supervisor)
Notary Number: 20041820022
My commission expires:
��falCff SA�jT,
DEE S .�

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Beverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, November 10, 2021 6:39 AM
To: Berne Tripp
Cc: Andy Henson; 'George Kornegay'
Subject: RE: [External] Certified Copy of filed Notice of Residual Petroleum
Received.
Trudy
Trudy Beverly, L.G.
D-�IE Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
IFepnrlren[ol Gmrr'nn mental4w
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. B everlyAncdenn 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://deg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hit2s://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://dea.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-mans
File Review Procedures:
hops://deq.ne. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
fts://deq.nc.gov/about/divisions/waste-manaizement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.gov/nedecl/W aste%20Management/DWM/UST/W h atsNew/Final-Electronic-Document-Submittal-Policy.udf
https://files.nc. gov/ncde^aste%20Management/D W M/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
-----Original Message -----
From: Berne Tripp [maiIto: [e-mail]]
Sent: Tuesday, November 9, 2021 6:14 PM
To: Beverly, Trudy <[e-mail]>
Cc: Andy Henson <[e-mail]>; 'George Kornegay' <[e-mail]>
Subject: [External] Certified Copy of filed Notice of Residual Petroleum
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spa m.<mailto:[e-mail]>
Property: 2422 West Sugar Creek
Notice of Residual Petroleum
Pursuant to our conversation today and as set out in your letter dated November 9,2021 attached to this email is a
Certified Copy of filed version of the Notice of Residual Petroleum.
Please send me an email confirming receipt.
Thank you for your help in this matter.

Berne Tripp
N.C. Certified Paralegal
Assistant to Thomas B. Henson
[phone]