WI-29677_48801_C_NRP_20221226_Not Recorded

NOTICE OF RESIDUAL PETROLEUM
Ward Heirs Property, Edward 2514 Mimosa Place Wilmington, NC Incident #Pending
New Hanover County, North Carolina
Current Property Owners Deed Book # 9910 Page # 2221
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 143B-279.9 and 143B-279.11.
The North Carolina Department of Environmental Quality shall herein after 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.CG.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-279.1l and has/shall be recorded at the New Hanover County
Register of Deeds' office Book , Page .

Edward W. Ward Heirs are the owner in fee simple of all or a portion of the Site, which is located in the
County of New Hanover, State of North Carolina, and is known and legally described as:

BEGINNING at an iron pipe at the intersection of the south line of Mimosa Place with the east
line of the alleyway which runs parallel with Country Club Boulevard; and running thence
southwardly with the east line of said alleyway and in a direction at right angles with Mimosa
Place 200 feet to an iron pipe at the intersection of said line with the northern line of the
alleyway which runs parallel with Mimosa Place; thence eastwardly with the northern line of
said last mentioned alleyway 70 feet to an iron pipe; thence northwardly and in a direction at
right angles with Mimosa Place 200 feet to an iron pipe in the south line of Mimosa Place;
thence westwardly with the south line of Mimosa Place 70 feet to the beginning; being Lot No.
61 of Oleander, and so indicated on a partial map of Oleander, recorded in the Registry of New
Hanover County in Book 157, Page 445.

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 New Hanover 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
along the southwest exterior wall of the house structure along the single story house addition. No
soil shall be excavated or disturbed along the southern wall of the single story house addition,
extending 12’ to the southwest of the exterior wall parallel with the single story house addition,
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, Tiffany M. 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 , 2022.

By: _____________________________________________________
(signature of responsible party, attorney or other agent if there is one)

Signatory’s name typed or printed: Tiffany M. Ward .

STATE OF NORTH CAROLINA
COUNTY

I certify that the following person personally appeared before me this day, acknowledging to me that he signed the
foregoing document:_____________________________.

Date: ________________________

________________________________
(Official Seal) (signature of Notary Public)

________________________________
(printed or typed name of Notary Public)

Notary Public

My commission expires , 20 .

Approved for the purposes of N.C.G.S. 143B-279.11.

Michael Haseltine, Regional Supervisor
Wilmington 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:_____________