RA-5162_26712_C_NRP_20221212

FILED
AT
BOOK
START PAGE
After recording, mail to:
ATC c/o Maureen Jacksonl2l Spier Falls Road
Gansevoort., NY 12831
NOTICE OF RESIDUAL PETROLEUM
County, North Carolina429 F-ast Weatherspoon Street, Sanford, Lee 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 NorthCarolina's Statutes and Regulations, which consist of x.c.-G.S. 143-2ls.g4and regulations adoptedthereunder. This Notice is part of a remedial action for the Site that has been appioveo by theSecretary (or his/her delegate) of the North Carolina Department of Environment quality (or itssuccessor in function), as authorized by N.C.G.S. Section l43B-27g.g and l438-2lg.tt. The NorthCarolina Department of Environment Quality shall hereinafter be referred to as ..DEe,,.
NOTICE
Petroleum product was released and/or discharged at the Site. Petroleum constituents remainon the site, but are not a danger to public health and the environment, provided that therestrictions described herein, and any other measures required by DEQ pursuant to N.C.G.S.Sections l43B-279.9 and 143B-279.ll,are strictly complied with. This "Notice of ResidualPetroleum" is composed of a description of the property, the location of the residual petroleum and theland use restrictions on the Site. The Notice has been approved and notarized by DEO Dursuant toN'C.G.S. Sections 1438-279.9 and 1438-279.1 I and has/shall be recorded at the Lee iounty Register ofDeecis' office Book _, Page _.
Any map or plat required by DEQ has been/shall be recorded at the Lee County Register ofDeeds' office Book
-,
Page
-,
and has beer/shall be incorporated into the Notice by this reference.
Source Prooertv
Circle K Stores. Inc. of Phoenix. Arizona is the owner in fee simple of all or a portion of the Site, whichis located in the County of Lee, State of North Carolina, and is known and legally described as:
FILED
LEE COUNTY NC
PAMELA G. BRITT
REGISTER OF DEEDS
Dec 28,2022
02:18:56 pm
017 14
0697
END PAGE OTOO
INSTRUMENT # 09287
EXCTSE TAX (None)
Revised February 5,2019
Being as described by Parcel ID #9643-92-9656-
,North Carolina, Deed Book 1412, Page 912, recorded with the ffice of the Regisier of Deeds of LeeCounty, North Carolina.
For protection of public health and the environment, the following land use restrictions requiredby N.C.G.S. Section l43B-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 ofunrestricted use standards and cannot be amended or cancelled unless aild ,-rnt!l the Lee County }i.egisterof Deed receives and records the written concurrence of the Secretary (or his/her delegate) of bEe (or itssuccessor in function).
Soil: The Site shall be usedfor industrial/commercial use only. Industrial/commercial use meqns a use
where exposure to soil contamination is limited in time and does not involve exposure to childrenor other sensitive populations such as the elderly or sick. The real property shall not bedeveloped or utilizedfor residential purposes including but not limitei to:"primary or secondary
residences (permanent or temporary), schools, daycare centers, nursing himes, jlaygrounds, "
parks, recreation areas and/or picnic areas.
Groundwater: Groundwater from the site is prohibitedfrom use as a water supply. Lltater supply wellsof 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 enfoiced by DEe through any ofthe remedies provided by law or by means of a civil action, and may also be enfoiced by any unit of localgovernment having jurisdiction over any part of the Site. Any attempt to cancel this Notice without theapproval of DEQ (or its successor in function; shall be subjecl to enforcemeni by DEe 1o the full extentof the law. Failure by any party required or authorized to enforce any of the above resiriction(s) shall inno event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurringprior or subsequent thereto.
Revised February 5,2019
Notice to !e executed pursuant to N.C.G.S. Section, 14381799;;;17
N-s!?frab:pozz.
IN WITNESS WHEREOF,
Signatory's name typed or printed:Meredith W. Rice, Jr.
STATE
ltlJ bl,<,e/ couNry
(Name of county inwhich acknowledgmentwas taken)
I certify that the following person pepqnally
she signed the foregoing documenr: I Y lerC
Date: tl-t,t-20">-
(Official Seal)
.. ROBIN r nLronoNotary Public, North CarolinaJohnston CountvMy Commission Exiires123,2023
My commiss ion "*po"r,
tfa3 f Als 3
e this day, acknowledging to me that he or
Notary Public
Mercdith W. Rice, Jr.
(pnnted or typed name of.
Revised February 5,2019
Approved for the purposes of N.C.G.S. 1438-279.11
, Regional Supervisor
Fayetteville Regional Offi ce
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
Ne,4,t llqNour r couNTY
(Name of county inwhich acluowledgment was takn)
I cr;ilifv ihaitire foliowing person(s) personallygppeared before me this day, each acknowledging to methat he or she signed the foregoing document: //[,, Aad /J^r"H^rau prined name of Regionat supemisor)
oate. /A /t3/ ,rto),2--
(pnrued or typed name of Noary Public)
Notary Public
Revised February 5,2019
2L7L
";oqP,EJi.qr;,
Ifu*otAou
Aagg1(,
(Official