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Home My WebLink AboutRA-1563_9966_C_NRP_20220406Revised January 15, 2013 1 NOTICE OF RESIDUAL PETROLEUM Estes Wilson Terminal , Wilson 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 and Natural Resources (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 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 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 Wilson County Register of Deeds’ office Book ____, Page ____. (name of county) Any map or plat required by DEQ has been/shall be recorded at the Wilson County Register of (name of county) Deeds’ office Book ____, Page ____, and has been/shall be incorporated into the Notice by this reference. Source Property Black Branch Terminals, LLC of Richmond, VA is the owner in fee (owner’s name) (city & state of homeowner) simple of all or a portion of the Site, which is located in the County of Wilson, State of North Carolina, and is known and legally described as: See Attachment A Revised January 15, 2013 2 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 _Wilson_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: The Site shall be used for industrial/commercial use only. Industrial/commercial use means a use where exposure to soil contamination is limited in time and does not involve exposure to children or other sensitive populations such as the elderly or sick. The real property shall not be developed or utilized for residential purposes including but not limited to: primary or secondary residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds, parks, recreation areas and/or picnic areas. 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. IN WITNESS WHEREOF, Allison Ward 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_ . Estes Express Lines (name of responsible party if agent is signing) By: __________________________________________ (signature of responsible party, attorney or other agent if there is one) DWM, UST Section, Hydrogeologist (Title of agent for responsible party if there is one) Signatory’s name typed or printed: Allison Ward NORTH CAROLINA _____________________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:_____________________________. Date: ________________________ ________________________________ (Official Seal) (signature of Notary Public) ________________________________ (printed or typed name of Notary Public) Notary Public My commission expires:_____________ Revised January 15, 2013 3 Approved for the purposes of N.C.G.S. 143B-279.11 _________________________ (signature of Regional Supervisor) Sylvia Newsom-Hunneke , Regional Supervisor (printed name of Regional Supervisor) Washington Regional Office UST Section Division of Waste Management Department of Environmental 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) (signature of Notary Public) ________________________________ (printed or typed name of Notary Public) Notary Public My commission expires:_____________