NCD980843346_20050509_Aberdeen Pesticides Dump_FRBCERCLA SPD_Delcaration of Perpetual Land Use Restrictions March - May 2005-OCR

&iih
NCDENR
North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor
William G. Ross Jr., Secretary
Mr. John May
Robbins, May, & Rich
120 Applecross Road
Pinehurst, NC 28374
May 9, 2005
RE: Declaration of Perpetual Land Use Restrictions and Survey Plat
Aberdeen Pesticide Dumps Site-Farm Chemicals Lot 2
NCD 980 843 346
Aberdeen, Moore County, North Carolina
Dear Mr. May:
The enclosed materials are the three original copies of the Declaration of Perpetual Land Use
Restrictions and the two certified Survey Plats for the Farm Chemicals Lot 2 of the Aberdeen
Pesticide Dump Sites in Aberdeen, North Carolina. The North Carolina Division of Waste
Management has reviewed the documents for completeness and Mr. Dexter Matthews the
Division Director has certified the attached documents with his signature.
Please record the certified declaration and plats with the Moore County Register of Deeds'
office. Upon recordation, please convey a certified copy of both the declaration and the
survey plat to Mr. Kyle Hagen at the address below. The certified copies of the documents
should be affixed with the seal of the Register of Deeds and reflect the book and page
numbers where they are recorded. Additionally, please include a copy of the page in the
grantor index where the documents are referenced.
If you have any questions please contact me at [phone].
cc: File
Sincerely,
J(z/1~
Kyle R. Hagen
Environmental Engineer
NC Superfund Section
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] I FAX [phone] \ Internet http://wastenotnc.org
An Equal Opportunity I Affirmative Action Employer-Printed on Dual Purpose Recycled Paper
• •
DECLARATION OF PERPETUAL LAND USE RESTRICTIONS
Aberdeen Pesticide Dumps Site, Moore County, North Carolina
The real property which is the subject of this Declaration of Perpetual Land Use
Restrictions ("Declaration") is contaminated with hazardous substances, and is an INACTIVE
HAZARDOUS SUBSTANCE OR WASTE DISPOSAL SITE (hereinafter referred to as the
"Site") as defined by North Carolina's Inactive Hazardous Sites Response Act, which consists
of Section 130A-310 through Section 130A-310.19 of the North Carolina General Statutes
(''N.C.G.S."). This Declaration is part of a Remedial Action Plan for the Site that has been
approved by the Secretary of the North Carolina Department of Environment and Natural
Resources (or its successor in function), or his/her delegate, as authorized by N.C.G.S.
Section 130A-3 l 0.3(f). The North Carolina Department of Environment and Natural
Resources shall hereinafter be referred to as "DENR."
AHFC Realty, Inc., Aberdeen, North Carolina, is the owner in fee simple of the Site,
which is located in Sandhills Township, Moore County, Aberdeen, North Carolina, being all
of Lot 2 as recorded in Book 2683, Page 338, in the Office of the Register of Deeds ofMoore
County, State of North Carolina, and as shown on a map entitled "Survey For Division of
Property of RAB Investments, LLC" drawn by S. R. Sheffield, PLS, dated September 30,
2004, and recorded in Plat Cabinet 11, Slide 870, Moore County Public Registry. The Site is
also shown on a Notice of Inactive Hazardous Substance or Waste Disposal Site, incorporated
by reference into this Declaration, constituting a survey plat identifying hazardous substances
remaining on the Site and approved by DENR pursuanttoN.C.G.S. Section 130A-310.8 that,
simultaneously with the recordation of this Declaration, is being recorded in Plat Cabinet
___ ,Slide ___ .., in the Office of the Register of Deeds for Moore County.
For the purpose of protecting public health and the environment, AHFC Realty, Inc.,
hereby declares that all of the Site shall be held, sold and conveyed subject to the following
perpetual land use restrictions, which shall run with the land; shall be binding on all parties
having any right, title or interest in the ·site or any part thereof, their heirs, successors and
assigns; and shall, as provided in N.C.G.S. Section 130A-310.3(f), be enforceable without
regard to lack of privity of estate or contract, lack of benefit to particular land, or lack of any
property interest in particular land. These restrictions shall continue in perpetuity and cannot
be amended or canceled unless and until the Moore County Register of Deeds receives and
records the written concurrence of the Secretary ofDENR (or its successor in function), or
his/her delegate.
• •
PERPETUAL LAND USE RESTRICTIONS
I. The Site shall be used exclusively for commercial or industrial purposes but shall
not be used for child care centers, schools, parks, recreational areas, or athletic fields.
2. No surface or subsurface native or fill earthen materials may be removed from the
Site without the written permission of DENR or its successor in function.
3. The Site shall not be used for sporting activities of any kind, including, but not
limited to, golf, football, basketball, soccer, and baseball.
4. The Site shall not be used for any above-or below-ground construction,
improvements (including, but not limited to, utilities, roads, and sidewalks) unless approved
by DENR of its successor in function. No alteration, disturbance or removal of the existing
soil, landscape and contours shall occur unless approved by DENR or its successor in
function.
5. The Site shall not be used for agricultural or grazing purposes or for timber
production.
6. The Site shall not be used for kennels, private animal pens, or for riding clubs.
7. Any surface or underground water shall not be used for any purpose. The
installation of groundwater wells or other devices for access to groundwater for any purpose
other than monitoring groundwater quality is prohibited without prior approval by DENR, or
its successor in function.
8. Groundwater beneath the Site shall not be used as a source of potable or irrigation
water. The installation of groundwater wells or other devices for access to groundwater for
any purpose other than monitoring groundwater quality is prohibited without prior approval
by DENR, or its successor in function.
9. The Site shall not be used for mining, extraction of coal, oil, gas or any other
minerals or non-mineral substances.
10. Mowing of vegetation and tree pruning is allowed on the Site.
11. All other uses of the Site are prohibited, except as approved in writing by DENR
or its successor in function.
12. The owner shall submit a letter report containing the notarized signature of the
owner, annually on or before the anniversary date of the recordation of this Declaration, to
DENR, or its successor in function, confirming that this Declaration is still recorded in the
Office of the Moore County Register of Deeds and that activities and conditions at the Site
remain in compliance with the land use restrictions herein.
13. No person conducting environmental assessment or remediation at the Site, or
involved in determining compliance with applicable land use restrictions, at the direction of,
or pursuant to a permit or order issued by, DENR may be denied access to the Site for the
purpose of conducting such activities.
• •
ENFORCEMENT
The above land use restrictions are an integral part of the remedy for the
contamination at the Site. Adherence to the restrictions is necessary to protect public health
and the environment. These land use restrictions shall be enforced by any owner, operator, or
other party responsible for any part of the Site. The above land use restrictions may also be
enforced by DENR through the remedies provided in N.C.G.S. Chapter 130A, Article 1, Part
2 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 Declaration without
the approval of DENR or its successor in function shall constitute noncompliance with the
Remedial Action Plan approved by DENR for the Site, and shall be subject to enforcement by
DENR 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.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Site is sold, leased, conveyed or transferred, pursuant to
N.C.G.S. Section 130A-310.8(e) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the real property being sold, leased, conveyed, or transferred has been used as a
hazardous substance or waste disposal site and a reference by book and page to the
recordation of the Notice of Inactive Hazardous Substance or Waste Disposal Site referenced
in this Declaration.
IN WITNESS WHEREOF, I, exercising power of attorney for AHFC Re~, Inc.,
and as President of AHFC Realty, Inc., execute these presents on this J4__ day of
,4~ ,2005.
Signatory's name typed or printed:
Signatory's title typed or printed:
Signature: J?~~~Z
Robert Brinklev
President
STATE OF ORT CAROLINA, COUNTY OF 0\Dr-.e...
I, -Js,U.h.Jc...,"'---'"-"-"'--'""''---'~~µ=,,_ __ , a Notary Public, do hereby certify
that Robert Brinkley, personally appeared be e this day and acknowledged that he is the
President of AHFC Realty, Inc., and that by authority duly given, and as the act of AHFC
Realty, Inc., the foregoing instrument was signed by AHFC Realty, Inc., by such President.
WITNESS my hand and official seal this Jy%ay of~, 2005.
I ~]~~ My Commission Expires: 5).?b (D (. Notary Publics
, E l
• •
APPROVAL AND CERTIFICATION OF THE NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
The foregoing Declaration of Perpetual Land Use Restrictions is hereby approved
and certified.
By:
Title: Director
REGISTER OF DEEDS CERTIFICATION
The foregoing Declaration of Perpetual Land Use Restrictions is certified to be
duly recorded at the date and time, and the Book and Page, shown on the first page hereof.
Register of Deeds for Moore County
By
(signature)
(type or print name and title)
11/18/04
l ---,-----v -----"'"-~' '""">.) ,;1;_1,;~:J--~----~-------{0 '} t· ___ 1 __ -_~_-----~---_ -__ ---~--~ j l -----'¥(: :-; -__ I_;/; ~-;t·r1 t--f :._,r----.-;-,• / -~---•---~--~<: 1 ~ --_-_--_, -_ 1 -----------fnn~1, tn~_lla, •f> ~ _ lJ\\~JJ ' ,_ -_J(ffj '" "I) ----i '" ----D CJ --\ ~) ( I 'I ---ill t ;z/_\\-\, c,_ ~!'_1_~ w Arr ~iJI.:. Eln "----,~--r--1 \ -L"-:E-~'-::::: i" !"c-1.-_.::y -,{~7 I ;; ---p; 1,---~-' -""-L ('1,//'IJ._ !]Bf l ',':_c'._-,--"'!, /I', IJ;";--,.;;J'-//J] __ ]__15--·<1 .,,-J/ ·u·-· ---,-L C) C::: fa-.. T I C) r-------J I, S. R. SHEFFIELD, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION REFERENCE: PLAT CAB. 11, SLIDE 870 DEED BOOK 565 , PAGE 30 DEED BOOK 2262, PAGE 387 DEED BOOK 2664, PAGE 179 DEED BOOK 2683, PAGE 338 DEED BOOK 721, PAGE 80 MOORE COUNTY REGISTRY THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION SHOWN; THAT THE RATIO OF PRECISION AS CALCULATED IS 1: 10,000+; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATUREK I ICENSURE NUMBER AND SEAL THIS tz_-z--r DAY OF ,,f?-p;.£. ... "'--7 , 2005, A.O. S. R. SHEFFIELD, '''5Me!-,'"c""''·~1,, "'•..1. ,, ,''°\" / ,,,:~, ..'n 'V,; .... -<?~ AL \ : : NO. L 136~0,-f . o· .. --~·-.r_,. -':.' Qf ~ ·.. ·< ......,., ... -:,u' ··......... ~ ...... ..... ~ <.\ ,, ',,,, · SHEF 1,,,,, ,,,,,,,,.1"' FURTHER: THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. WITNESS MY ORIGINAL SIGNATURRCENSURE NUMBER AND SEAL THIS /? _ DAY OF ~~, 2005, A.O. S. R. SHEFFIELD, REFERENCE: PLAT CAB. 11, SLIDE 870 DEED BOOK 565 , PAGE 30 ,,,,11111,,,, ,,,~y\ CARd:1,, ~--~-1365 , = 65: '< 11::.: !: -: · .. ,,,__ _,_o.-::-~ u' --~u s~---<:J,~ ... ,, ~ .. ... .. . . . . \ x.,~ ...... '',,; SHEft ,,,,, 11t111111H11 DEED BOOK 2262, PAGE 387 (TO AHFC REALTY, INC.) :3 f-< E T C::: f---1 DEED BOOK 2745, PAGE 169 (TO RAB GROUP ABERDEEN, LLC) DEED BOOK 2683, PAGE 338 (TO AHFC REALTY, INC.) DEED BOOK 721, PAGE 80 MOORE COUNTY REGISTRY UNLESS OTHERWISE DENOTED, e = EXISTING IRON STAKE ■=EXISTING CONCRETE MONUMENT □=SET CONCRETE MONUMENT O=SET IRON STAKE ~=SQUARE FOOTAGE A= POWER SERVICE STUB ®= SEWER SERVICE STUB @= TELEPHONE SERVICE STUB @= CABLE TV SERVICE STUB IE= WATER METER V= FIRE HYDRANT ~= SANITARY SEWER MANHOLE f = UTILITY POLE --:=-o~ = AREA LIGHT WHEN THIS PROPERTY OR ANY PART OF IT IS SOLD, LEASED, OR CONVEYED OR TRANSFERRED, N.C.G.S. 130-A-310(e) REQUIRES THAT THE FOLLOWING LANGUAGE BE PLACED IN THE DESCRIPTION OF THE DEED OR OTHER INSTRUMENT OR TRANSFER IN NO SMALLER TYPE THAN THAT USED IN THE BODY OF THE DEED: This property has been used as a hazardous substance or waste disposal site. A Notice of Inactive Hazardous Substance or Waste Disposal Site is recorded in the Moore County Register of Deed's office in Book Page _____ Questions concerning this matter may be directed to the North Carolina Division of Waste Management, Superfund Section, Inactive Hazardous Sites Branch, 1646 Mail Service Center, Raleigh, N. C. 27699-1646. ~---------------------AT The areas and type of contamination depicted upon the map ore approximations derived from the best available information at the time of filing. The analytical data for the monitoring wells provided by NewFields and based on sampling performed by URS Corporation on May, 2003 and April, 2004. List of groundwater contaminants for each well with above the 15A NCAC 2L groundwater protection standard for the State of North Carolina. I I I I ___ ,1~fl:l.tt'-<f for the purpose af N.C.G.S. 130A-310.8. _1}.d/g_ftt~----Dexter Matthews, Director Division of Waste Management North Carolina I I I I I I I I I I I I I I I I I I I I I PCC REAL TY CORPORATION DEED BOOK 1616, PAGE 366 ' I I I I I I I I I I I I I I I I I I I I I ' I I I I I I I I I \ I \ JACK TAYLtlR & I \ GEORGE D. Al'IDERSON / \ DEED BOOK 818,•PAGE 287 / I ._ I Woke _County _ /£ ,J_ I, ..;>1c." S--'.27.!>':'1'~ a Notary Public of said County and State do hereby certi~ that --~.-=Dexter Matthews did personally appear and sign before me this the 9 -day I I I I I I I I TOWN OF ABERDEEN DEED BOOK 1142, PAGE 208 I 1' I I • I \ j I of ;;tb . _,2gp~ ;· ,,,~_....o..., ~.,&. a e t _/ •·•,.: ·-~ euEi.HCOGI ~ ~ <> \..;;:,f'>d~ I ;i'l:"~~-.-~~Public r t~t:;:~~~ ~0~!".~ '-1 My Commission expires, .o~_...r:,~L-,i.oo,.,..S'.__ ___ _ Well 1MWD05 List of Groundwater Contaminant 1,2 Dibromo-3-chloropropone 2,4-Dimethylphenol 2-Methylphenol Alpha-BHC Beta-BHC Bis(2-Chloroisopropyl) ether Cadmium Carbary! Chloroform Delta-BHC Dieldrin Disulfoton Fensulfothion Iron Manganese m-Xylene & p-Xylene a-Xylene Tetrochloroethene Gamma-BHC Well 1EX01 Measurement 430 ppb 240 ppb 1.1 ppb 1.6 ppb 1.6 ppb 0.88 ppb 5.5 ppb 3.8 ppb 0.98 ppb 1.0 ppb 0.14 ppb 2.8 ppb 0.91 ppb 24000 ppb 270 ppb 4800 ppb 1700 ppb 1.8 ppb .91 ppb List of Groundwater Contaminant Measurement 1,2,4 Trimethylbenzene 830 ppb 1,3,5 Trimethylbenzene 390 ppb 2-Methylnaphthalene 77 ppb 2-Methylphenol 3.9 ppb 4-Nitrophenol 14 ppb Alpha-BHC 1.6 ppb Beta-BHC 0.21 ppb Bis(2-Ethylhexyl) phthalate 5.0 ppb Carboryl 6.2 ppb Delta-BHC 1. 7 ppb Endosulfan sulfate Ethylbenzene Fensulfothion Gamma-BHC (lindane) Iron Manganese Methylene chloride m-Xylene & p-Xylene Naphthalene o-Xylene Toluene ZinC Well 1MWD12 0.06 ppb 23000 ppb 0.88 ppb 2.3 ppb 8100 ppb 480 ppb 360 ppb 74000 ppb 120 ppb 23000 ppb 1200 ppb 2100 ppb List of Groundwater Contaminant Alpha-BHC Measurement 0.26 ppb Delta-BHC Dieldrin Beto-BHC Well 2MWS09 List of Groundwater Contaminant Alpha-BHC Beta-BHC Bis(2-Chloroisopropyl) ether Bis(2-Ethylhexyl) phthalate Delta-BHC Dieldrin Endosulfan sulfate Gamma-BHC (lindane) Heptochlor Heptachlor epoxide Manganese Well 1EX02 List of Groundwater Contaminant 1,2 Dibromo-3-chloropropane Alpha-BHC Beta-BHC Bis(2-Ethylhexyl) phthalate Delta-BHC Dieldrin Endrin ketone Ethylbenzene Fensulfothion Gomma-BHC (lindane) Heptachlor Iron 0.84 ppb 0.18 ppb 1. 7 ppb Measurement 0.37 ppb 4.2 ppb 5.8 ppb 4.7 ppb 0.32 ppb 0.52 ppb 0.18 ppb 0.25 ppb 0.042 ppb 0.022 ppb 210 ppb Measurement 24 ppb 1.2 ppb 3.0 ppb 3.4 ppb 8.6 ppb 1.1 ppb 3.6 ppb 120 ppb 0.44 ppb 0.93 ppb 0.065 ppb 2600 ppb 740 ppb Manganese m-Xylene & a-Xylene Zinc p-Xylene 1200 ppb 930 ppb 240000 ppb Year Measured 2_003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 Year 2003 2003 2003 2003 2003 2004 2004 2003 2003 2004 2003 2003 Measured 2003 2004 2003 2003 2003 2004 2003 2004 2003 2003 Year Measured 2004 2004 2003 2004 Year Measured 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 Year Measured 2003 2004 2004 2003 2004 2003 2003 2003 2003 2004 2003 2003 2003 2004 2004 2003 ~ ~ ~ 0 ,.._ IX) w I I I I I I -.L_ ---o, o, --._ ---j:, __ _ --------- ------L. --,..._.J_ 1~ CONTROL CORNER 1 1 ---N34"49'18"W ----_ 42.13' ---TIE LINE TO CL INTERSECTION N10'32'02"E 80.39' ------S79'22'36" ._ ~4 E: --06· --S7_9'4_3'07" ~ 96.88 ----I I I I I I I I I I I I I I I ·--L. CA.ROIJJv.4 & ------~--lrES'l'ERN .RAlr.Ro,w ,!f!9"1?''l .... ,.. \ --\ I \ I \ I I • I I • I I f / \ I I ,, / I ~ / \ I \ I I I \ • I I '!I' I I O / I 1' / \ I \ I \ I I I I 1' I \ I -I / ·--I / ----I --I ---I -I ------.._ N. c ..,.G ----"' ii2.~ .• ..,, 8"-. - \ --~y 1'0. 5-;; ::: W.,~,4'E---------.._ --.._ TOWN OF ABERDEEN DEED BOOK 372, PAGE 488 --.._ --.._ --... -... -... a ::J I I / / rt~ I -~If! I ·--·----·~ --g?J 31.24~-----~,,..,Bl., I ----b _ -,.___ -----2Q C . --. """=-(I) ~ Nllft. .------.., ~--.· -... "•"""-,_-._~ ,,. ---.......... -~ " ' . -,, ·_ --... -... ' (/) -"'--RAILROAD SPUR RIGHT OF WAY_----f _ _ -·---. ...__'Ii:!_ ··'=---~ ___ _ (NO SPEOFIED 'MOTH) / ------. f\.-1--~-..:::.-,,,__ ----------"-----/ ~ "' .c I ~ ~ I I Ii-, I I I DEED BOOK 721. PAGE 80 / MONITllftlNG WEll I ,...__ ~ _-,--.._ / Well 1MM'.112 I ----._ .. -...._ (D <l'. I ----u ll., f-~ :5 I f: f:! r,;, I I AHFc REAL TY, INC. / / -......_ ~. DEED BOOK 2683, PAGE 338 I I '--... '~ 1 • 514i3·1o·w , -3 58 ACRES TOTAL / / 53. .. ' --._ a_ I ~ I 8 : f I I CONTROL / CORNER LRK: 49062 SURVEYOR: I I I I STEPHEN R, SHEFFIELD & ASSOCIATES, 2233 N. PINEHURST STREET ABERDEEN, N. C. 28315 910-255-0420 OWNER: (LOT NO. 1) RAB GROUP ABERDEEN, LLC P. 0. BOX 385 SOUTHERN PINES, N. C. 28388 OWNER: (LOT NO. 2) P. A. I I I I I I / AHFC REAL TY. INC. / DEED BOOK 2262, PAGE 387 L AHFC REAL TY, INC. DEED BOOK 2262, PAGE 387 GEORGE D. ANDERSON, ~-DEED BOOK 1064, PAGE 153 . I ~-' / 3.15 ACRES SOUTH Of RIGHT Of WAY / ---.. I I -... Well 2MWS09 -+ I I N54'40'54"W 17.25' , , , , , I I ' !t) f,\ _':' ,.,,,;, V ,, I g ~ f N18"2♦'.39"W ~\ 0 ' '-;;; / 200.00· 11 / TIE LINE \\ .-/ I a "'""lURING WEU. 1\1 Im/ I ... , f ~~ ... 1EX01 "-.. I 5,, I I ', • I I I ',, \ I 1s.oo,_,,_,I ',"..~a •1 I 15.CJo ~.eo;,~1>,,_ \ / 5.82 ACRES TOTAL >!' ¼,f~!!', I• , f / 4.82 ACRES SOUTH OF RIGHT Of WAY ',,, I .j-' I I ',J \I ,1-: l1(1 '-J l, ;s., ·S,9, I I / >o~ -1-'-f RAB GROUP ABERDEEN, LLC ;: -~ ' N15"25'16•w , 202.01' TIE LINE IRIS KEITH DEED BOOK 262, PAGE 384 S6118'23"E 45.80' :,,;AAR POWERBOSS i,. I DEED BOOK 2745, PAGE 169 / -...., DEED BOOK 1446, PAGE 57 / ---1~-S05'43'04"W / N15'08'03"E / +~ ---_ _____ 27.31' L. 59.91' / / / , ' -/ 1• "-• -x_ I + I -x_ I ~ -x " 5.00 S7919'05"W 41.17' s51,0•13•w 49.62' AHFC REAL TY, INC. A NORTH CAROLINA CORPORATION 1246 MAIN AVENUE, SE HICKORY, NORTH CAROLINA 28602 N08'02'28"E 70.19' l__ +,1~ij; ----~~ NOTE: IMPROVEMENTS NOT SHOWN. AHFC REAL TY, INC. A NORTH CAROLINA CORPORATION !~➔----------President State of North Carolina County of Moore 1,Tu....-lo°'r"---(_J. 'K:,'1/"l, a Notary Public of the County and State of aforesaid, certify that Robert Brinkley personally come before me this day and acknowledged that he is the President of AHFC Realty, Inc., A North Carolina Corporation and that by authority duly given and as the act of the Corporation, the foregoing Declorotion of Perpetual Land Use Restrictions was signed in its name by Robert Brinkley, President. Witness my hand and official stamp or seal this J_'±_~ay of .i'l-q ; l , 2005. Name: ~ zJ I A --~ _,,._ My Commission expires,'-fil..°'{ 30 ;),llO Notary Publi~ REVISED: 04-12-05 TO CHANGE SIGNATORY. FII_Lnaine: C: \J)J 3\RABD~R Plot date: 03/23/05 ot 10: 02 JN: 040478 IRIS KEITH DEED BOOK 262. PAGE 384 -,,___ MONITORtNG WEll "--_ ..,. o ----Well 1EX02 ~ 11 5l --' ', -...... r1,(~•29 B1• ---', I ,., ___ ""'----': -----_j',, Ix/ -...... -.I ', I AAR POWERBOSS DEED BOOK 1446, PAGE 57 N41'll9'16"W 106.76' TIE LINE Notice of Inactive Hazardous Substance or Waste Disposal Site RAB GROUP PROPERTY OF ABERDEEN, AND LLC, (LOT AHFC REALTY, INC. FARM CHEMICALS, INC. _(LOT 2) LANDS SANDHILLS TOWNSHIP, MOORE COUNTY, ABERDEEN, NORTH CAROLINA MARCH 23, 2005 .-*-SCALE 1"=80' STEPHEN R. SHEFFIELD & ASSOCIATES, P.A. 2233 NORTH PINEHURST STREET ABERDEEN, NORTH CAROLINA 80' 40' o· 80' 160' ,..-1· ,' 1) ., -~:-l f t-: f; c-,. ,. (-: ,--~
• •
April 26, 2005
Memorandum
TO:
FROM:
RE:
Dexter Matthews
Director of Division of Waste Management
Kyle R. Hagen (ext. 8457) ,1/# ///_
Environmental Engineer -~
NC Superfund Section
Aberdeen Pesticide Dump Sites, Fann Chemicals, OU3
Aberdeen, Moore Co., NC
EPA ID# NCD980843346
The three attached copies of the Declaration of Perpetual Land Use Restrictions and the
two Mylar plat copies of the Farm Chemicals Lot 2 for the Land Use Restrictions are
presented to you for your signature.
The implementation of institutional controls in the form of a perpetual restrictive
covenant (i.e. Land Use Restrictions) were agreed upon in a ROD Amendment between
EPA and the PRPs in September of 2003. This perpetual restrictive covenant is required
on "property currently under the control of the PRPs to prevent the installation of a
potable well" due to the remaining groundwater contamination undergoing the monitored
natural attenuation remedy. Before the PRPs could implement the land use restrictions,
the actual owner, Farm Chemicals, sold the property to RAB Group Aberdeen, LLC.
RAB Group Aberdeen, LLC subdivided the property into two lots Farm Chemicals Lots 1
and 2. Farm Chemicals Lot 2 was sold to AHFC Realty Inc. while RAB Group
Aberdeen, LLC retained ownership of Farm Chemicals Lot I. Due to failure of Farm
Chemicals to implement the perpetual restrictive covenant, AHFC Realty Inc., during
discussions with EPA Region IV and NC DENR, was informed that a perpetual
restrictive covenant on the property is needed. Therefore, to comply with EPA's
requirements and to obtain development permission from the county they have submitted
the attached Declaration of Perpetual Land Use Restrictions documents (3 copies) and
Plat (2 copies) to NC DENR for the required approvals.
Please let me know if you have any questions concerning this site or the attached
documents.
• •
REGJ&TER OF OEED6 FOR REGl&TR~lJON,v:lRT1N JUOY O OUf'ITY NC 2005MY 12 02:35:32 Pll
SK·2799 PG:454-458 fEE:$23.110 itlSOOIOO I 20060091\6
DECLARATION OF PERPETUAL LAND USE RESTRICTIONS
Aberdeen Pesticide Dnmps Site, Moore Connty, North Carolina
The real property which is the subject of this Declaration of Perpetual Land Use
Restrictions ("Declaration") is coniaminated with haz.ardous substances, and is an INACTIVE
HAZARDOUS SUBSTANCE OR WASTE DISPOSAL SITE (hereinafter referred to as the
"Site") as defined by North Carolina's Inactive Hazardous Sites Response Act, which consists
of Section IJ0A-310 through Section 130A-310.19 of the North Carolina General Statutes
(''N.C.G.S. "). This Declaration is part of a Remedial Action Plan for the Site that has been
approved by the Secretary of the North Carolina Department of Environment and Natural
Resources (or its successor in function), or his/her delegate, as authorized by N.C.G.S.
Section IJ0A-310.3(1). The North Carolina Department of Environment and Natural
Resources shall hereinafter be referred to as "DENR."
AHFC Realty, Inc., Aberdeen, North Carolina, is the owner in fee simple of the Site,
which is located in Sandhills Township, Moore County, Aberdeen, North Carolina, being all
ofLot 2 as recorded in Book 2683, Page 338, in the Office of the Register ofDeeds ofMoore
County, State of North Carolina, and as shown on a map entitled "Survey For Division of
Property of RAB Investments, LLC" drawn by S. R. Sheffield, PLS, dated September 30,
2004, and recorded in Plat Cabinet 11, Slide 870, Moore County Public Registry. The Site is
also shown on a Notice of Inactive Haz.ardous Substance or Waste Disposal Site, incorporated
by reference into this Declaration, constituting a survey plat identifying haz.ardous substances
remaining on the Site and approved by DENR pursuantto N.C.G.S. Section l30A-3 I 0.8 that,
simultaneously with the recordation of this Declaration, is being recorded in Plat Cabinet
I a.. Slide 53 ! , in the Office of the Register of Deeds for Moore County.
For the purpose of protecting public health and the environment, AHFC Realty, Inc.,
hereby declares that all of the Site shall be held, sold and conveyed subject to the following
perpetual land use restrictions, which shall run with the land; shall be binding on all parties
having any right, title or interest in the Site or any part thereof, their heirs, successors and
assigns; and shall. as provided in N.C.G.S. Section 130A-3 I 0.3(1), be enforceable without
regard to lack ofprivity of estate or contract, lack of benefit to particular land, or lack of any
property interest in particular land. These restrictions shall continue in perpetuity and cannot
be amended or canceled unless and until the Moore County Register of Deeds receives and
records the written concurrence of the Secretary ofDENR (or its successor in function), or
his/her delegate.
• •
PERPETIJAL LAND USE RESTRICTIONS
l. The Site shall be used exclusively for commercial or industrial purposes but shall
not be used for child care centers, schools, parlcs, recreational areas, or athletic fields.
2. No surface or subsurface native or fill earthen materials may be removed from the
Site without the written permission of DENR or its successor in function.
3. The Site shall not be used for sporting activities of any kind, including, but not
limited to, golf, football, basketball, soccer, and baseball.
4. The Site shall not be used for any above-or below-ground construction,
improvements (including, but not limited to, utilities, roads, and sidewalks) unless approved
by DENR of its successor in function. No alteration, disturbance or removal of the existing
soil, landscape and contours shall occur unless approved by DENR or its successor in
function.
5. The Site shall !!Qt be used for agricultural or grazing purposes or for timber
production.
6. The Site shall not be used for kennels, private animal pens, or for riding clubs.
7. Any surface or underground water shall not be used for any purpose. The
installation of groundwater wells or other devices for access to groundwater for any purpose
other than monitoring groundwater quality is prohibited without prior approval by DENR, or
its successor in function.
8. Groundwater beneath the Site shall not be used as a source of potable or irrigation
water. The installation of groundwater wells or other devices for access to groundwater for
any purpose other than monitoring groundwater quality is prohibited without prior approval
by DENR, or its successor in function.
9. The Site shall not be used for mining, extraction of coal, oil, gas or any other
minerals or non-mineral substances.
I 0. Mowing of vegetation and tree pruning is allowed on the Site.
11. All other uses of the Site are prohibited, except as approved in writing by DENR
or its successor in function.
12. The owner shall submit a letter report containing the notarized signature of the
owner, annually on or before the anniversary date of the recordation of this Declaration, to
DENR, or its successor in function, confirming that this Declaration is still recorded in the
Office of the Moore County Register of Deeds and that activities and conditions at the Site
remain in compliance with the land use restrictions herein.
13. No person conducting environmental assessment or remediation at the Site, or
involved in determining compliance with applicable land use restrictions, at the direction of,
or pursuant to a permit or order issued by, DENR may be denied access to the Site for the
purpose of conducting such activities.
• •
ENFORCEMENT
The above land use restrictions arc an integral part of the remedy for the
contamination at the Site. Adherence to the restrictions is necessary to protect public health
and the environment. These land use restrictions shall be enforced by any owner, operator, or
other party responsible for any part of the Site. The above land use restrictions may also be
enforced by DENR through the remedies provided in N.C.G.S. Chapter 130A, Article l, Part
2 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 Declaration without
the approval of DENR or its successor in function shall constitute noncompliance with the
Remedial Action Plan approved by DENR for the Site, and shall be subject to enforcement by
DENR 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.
FUlURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Site is sold, leased, conveyed or transferred, pursuant to
N.C.G.S. Section \30A-310.8(e) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the real property being sold, leased, conveyed, or transferred has been used as a
hazardous substance or waste disposal site and a reference by book and page to the
recordation of the Notice oflnactive Hazardous Substance or Waste Disposal Site referenced
in this Declaration.
[N WITNESS WHEREOF, I, exercising power of attorney for AHFC Realty, Inc., A as ~idcnt of AHFC Realty, Inc., execute these presents on this !..!t._ ii!iday of · p-,0il , 2005.
Signatory's name typed or printed:
Signatory's title typed or printed:
Robert Brinkley
President
AHFC Realty. Inc.
Signature: RJ~m,wJ1J;,
Robert Bnnklcy /
rm-..M"VOF ::j\ {I b 'r ~
I, ~~~===1..:-:---'-",<...,-'':-?"-:!-::..::'.\r--.-,c-'. a Notary Public, do hereby certify
that Robert Brinkley, personally appeared bef e this day and acknowledged that he is the
President of AHFC Realty, Inc., and that by authority duly given, and as the act of AHFC
Realty, Inc., the foregoing instrument was signed by AHFC Realty, Inc., by such President.
WITNESS my hand and official seal this }L{~ of¥ 2005.
. 1
My Connnission Expires: 5j JI ,/4,
•
APPROVAL AND CERTIFICATION OF THE NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
The foregoing Declaration of Perpetual Land Use Restrictions is hereby approved
and certified.
By:
Name: Dexter R. Matthews
Title: Director
REGISTER OF DEEDS CERTIFICATION
The foregoing Declaration of Perpetual Land Use Restrictions is certified to be
duly recorded at the date and time, and the Book and Page, shown on the first page hereof.
By
11/18/04
•
Filed For Registration:
Book:
Document No.:
Recorder:
•
JUDY D. MARTIN
REGISTER OF DEEDS, MOORE
JUDICIAL BUILDING
100 DOWD STREET
CARTHAGE, NC 28327
05/12/2005 02:35:32 PM
RE 2798 Page: 454-458
2005009116
NTC 5 PGS $23.00
REGINA GARNER
State of North Carolina, County of Moore
The foregoing certificate of BARBARA WRING Notary is certified to be correct. This 12TH of May 2005
JUDY D. MARTIN , REGISTER OF DEEDS
NORTH CAROLINA -MOORE COUNTY
This is to certify a true and correct reproduction of
the original record filed in the office of the Register
of Deeds of Moore County in Book2798page 454-458 * 200 5 00911~6.~~i/~'.s -.12th dayof May 20~
•' -~, -~
2005009116 • j ' .
•
.. R'E.GIITRRUON REGISTER (Ir DUOi f" Jl,l)"t' 0 l'IIRTlN ,09R_j cl,.iiTY l NC NO 2005 11'1( 17 03: 13:57 rn sum PG:294-298 m,$23.00
!HS11M£Nl l 2006006443
DECLARATION OF PERPETUAL LAND USE RESTRICTIONS
Aberdeen Pesticide Dump Site, Moore County, North Carolina
•
The real property which Is the subject of this Declaration of Perpetual Land Use
Restrictlons ("Declaration") Is contaminated with hazardous substances, and Is an INACTIVE
HAZARDOUS SUBSTANCE OR WASTE DISPOSAL SITE (hereinafter referred to as the
"Site") as defined by North Carolina's Inactive Hazardous Sites Response Act, which consists
of Section !30A-310 through Section 130A-3!0.19 of the North Carolina General Statutes
("N.C.G.S. "). This Declaration is part of a Remedial Action Piao for the Site that has been
approved by the Secretary of the North Carolina Department of Environment and Natural
Resources (or its successor In function), or bis/her delegate, as authorized by N.C.G.S. Sectlon
!30A-310.3(1). The North Carolina Department of Environment and Natural Resources shall
hereinafter be referred to as "DENR. 11
RAB Group Aberdeen, LLC., Southern Pines, North Carolina is the owner in fee simple of
the Site, which is located in the Sandhills Township, Moore County, North Carolina and being all
of Lot I, as recorded in Deed Book 2745, Page 169 in the Office of the Register of Deeds for Moore
County, and as sbown on that map eotitled, "SURVEY FOR DMSION OF PROPERTY OF RAB
INVESTMENTS; LLC", drawn by S.R. Sheffield, PLS, dated September 30, 2004 and recorded in
Plat Cabinet 11, Slide 870, Moore County Public Register. The Site is also shown on a Notice of
Inactive Hazardous Substance or Waste Disposal Site, incorporated by reference into this
Declaration, constituting a survey plat identifying hazardous substances remaining on the Site and
approved by DENR pursuant to N.C.G.S. Section 130A-3 l 0.8 that, simultaneously with the
recordation of this Declaration, is being recorded at Map Book j 'l.. • Page~ in the Office
of the Register of Deeds for Moore County.
For the purpose of protecting public health and the environment, RAB Group Aberdeen,
LLC, hereby declares that all of the Site shall be held, sold and conveyed subject to the following
perpetual land use restrictions, which shall run with the land; shall be binding on all parties having
any right, title or interest in the Site or any part thereof, their heirs, successors and assigns; and shall,
as provided in N.C.G.S. Section 130A-310.3(1), be enforceable without regard to lack ofprivity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular land.
These restrictions shall continue in perpetuity and cannot be amended or canceled unless and until
the Moore County Register of Deeds receives and records the written concurrence of the Secretary
ofDENR (or its successor in function), or his/her delegate.
PERPETUAL LAND USE RESTRICTIONS
!. The Site shall be used exclusively for commercial or Industrial purposes but shall
not be used for child care centen, schools, parks, recreational areas, or athletic fields.
• •
2. No surface or subsurface native or fill earthen materials may be removed from the
Site without the written permission of DENR or its successor in function.
3. The Site shall .!!Q! be used for sporting activities of any kind, including, but not
limited to, golf, football, basketball, soccer, and baseball.
4. The Site shall .!!Q! be used for any above-or below-ground construction,
improvements (Including, but not limited to, utilities, roads, and sidewalks) unless approved
by DENR of its successor in function. No alteration, disturbance or removal of the existing
soil, landscape and contours shall occur unless approved by DENR or its successor In function.
5. The Site shall not be used for agricultural or grazing purposes or for timber
production.
6. The Site shall not be used for kennels, private animal pens, or for riding clubs.
7. Any surface or underground water shall not be used for any purpose. The
Installation of groundwater wells or other devices for access to groundwater for any purpose
other than monitoring groundwater quality Is prohibited without prior approval by DENR,
or its successor in function.
8. Groundwater beneath the Site shall not be used as a source of potable or irrigation
water. The installation of groundwater wells or other devices for access to groundwater for
any purpose other than monitoring groundwater quality is prohibited without prior approval
by DENR, or its successor in function.
9. The Site shall not be used for mining, extraction of coal, oil, gas or any other
minerals or non-mineral substances.
10. Mowing of vegetation and tree pruning Is allowed on the Site.
11. All other uses of the Site are prohibited, except as approved in writing by DENR
or its successor in function.
12. The owner shall submit a letter report containing the notarized signature of the
owner, annually on or before the anniversary date of the recordation of this Declaration, to
DENR, or its snccessor In function, confirming that this Declaration is still recorded In the
Office of the Moore County Register of Deeds and that activities and conditions at the Site
remain in compliance with the land use restrictions herein.
13. No person conducting environmental assessment or remediation at the Site, or
involved in determining compliance with applicable land use restrictions, at the direction of,
or pursuant to a permit or order issued by, DENR may be denied access to the Site for the
purpose of conducting such activities.
• •
ENFORCEMENT
The above land use restrictions are an integral part of the remedy for the contamination at the
Site. Adherence to the restrictions is necessary to protect public health and the environment. These
land use restrictions shall be enforced by any owner, operator, or other party responsible for any part
of the Site. The above land use restrictions may also be enforced by DENR through the remedies
provided in N.C.G.S. Chapter 130A, Article !, Part 2 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 Declaration without the approval ofDENR or its successor in function shall constitute
noncompliance with the Remedial Action Plan approved by DENR for the Site, and shall be subject
to enforcement by DENR 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.
FUTURE SALES. LEASES. CONVEYANCES AND TRANSFERS
When any portion of the Site is sold, leased, conveyed or transferred, pursuant to N.C.G.S.
Section 130A-3!0.8(e) the deed or other instrument of transfer shall contain in the description
section, in no smaller type than that used in the body of the deed or instrument, a statement that the
real property being sold, leased, conveyed, or transferred has been used as a hazardous substance or
waste disposal site and a reference by book and page to the recordation of the Notice of Inactive
Hazardous Substance or Waste Disposal Site referenced in this Declaration.
IN WITNESS WHEREOF, I, exercising power of attorney for RAB Group Aberdeen, LLC
execute these presents on this :J.__ day of O '-( , 2005.
Signatory's name typed or printed: Robert A. Baillie
Signatory's ti~tle =rin..!;d: Member/Manager ,,,..
Signature: ~ 'd ~-1 { ~
'
,._
•
STATE OF NORTH CAROLINA
COUNTY OF I{'(] 0 o R €
•
I, \<_~E:-7\) AM Lb T , a Notary Public, do hereby certify that M 0.E-R,J 1?:, A :I:. !..I :re= personally appeared before me this day and
signed this Declaration that he is a Member/Manager of RAB Group Aberdeen, LLC and that by
authority duly given, and as the act of RAB Group Aberdeen, LLC the foregoing instrument was
signed in RAB Group Aberdeen,.LLC name by such Member/Manager.
~ LL 'o WITNESS my hand and official seal this l day f ~ •
My Commission expires: _...J\..,,o<.JJ'-=.;i_=(o-J.)..co_PJ.:.._ __ I -----1 OFFICIAL SEAL
Notary Public, North Carolina
KAREN AMLOT
,-. MOORE COUNTY
My Commlssl~~~~---·-·-~-~
APPROVAL AND CERTIFICATION OF THE NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
The foregoing Declaration of Perpetual Land Use Restrictions is hereby approved and
certified.
By:
Name: Dexter R. Matth ws
Title: Director
• •
JUDY D. MARTIN
REGISTER OF DEEDS, MOORE
JUDICIAL BUILDING
Flied For Registration:
Book:
Document No.:
Recorder:
100 DOWD STREET
CARTHAGE, NC 28327
04/07/2005 03:13:57 PM
RE 2773 Page: 294-298
2005008443
NTC 5 PGS $23.00
LINDA CHEEK
State of North Carolina, County of Moore
The foregoing certificate of KAREN AM LOT Notary Is certified lo be correct. This 7TH of Aprtl 2005
JUDY D. MARTIN , REGISTER OF DEEDS
B~ ~ flt,Jl.i.Jm)
Deputy/Aaalala11t Register of Deeds
,.,._._. •••••• •••••• ••• •••• ..,....,, •• ••• •••• • u,11, • •••••• ........ ,., ••••• ••••••• • •• ••• ••• ,, __ ,...,..... __ ... ,..,, •••• •••• ••• •••
*2005006443*
2005006443
NORTH CAROLINA -MOORF COll~F'!
This is to certify a true and corr~r:t r1;nrr-~,i~t:,y. nf
the original record filed in the office of to: ·"·.•'0 \'r
of DeeJl~f Moore_ County, ~n-J:!oo~Page294-298
This ___ day,of . Apr I l , " 20 05
-,I l
• ,Judy. D Mfrtj n
J :
• &iih •
MCDEMR.
North Carolina Department of Environment and Natural Resources
· Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor
William G. Ross Jr, Secretary
Mr. Chris Jordan
O'Connor Co. ofN.C., Inc.
312 Fields Drive
Aberdeen, NC 28315
April 06, 2005
RE: Declaration of Perpetual Land Use Restrictions and Survey Plat
Aberdeen Pesticide Dumps Site-Farm Chemicals Lot 2
NCD 980 843 346
Aberdeen, Moore County, North Carolina
Dear Mr. Jordan:
The enclosed materials are the Declaration of Perpetual Land Use Restrictions and the three
certified Survey Plats for the Farm Chemicals Lot 2 of the Aberdeen Pesticide Dump Sites in
Aberdeen, North Carolina. The North Carnlina Division of Waste Management has reviewed
the documents for completeness and Mr. Dexter Matthews the Division Director has certified
the attached documents with his signature. Additional signatures from Mr. Robert A. Baillie
are required on the Declaration of Perpetual Land Use Restrictions and all three Mylar
Survey Plats along with their respective Notary Public certification.
Please record the c~rtified declaration and plais with the Moore County Register of Deeds'
office. Upon recordation, please convey a certified copy of both the declaration and the
survey plat to Mr. Kyle Hagen at the address below. The certified copies of the documents
should be affixed with the seal of the Register of Deeds and refl~ct the book and page
numbers where they are recorded along with a copy of all pages in the grantor index where
the documents are referenced.
If you have any questions please contact me at [phone] ext. 299.
cc: File
Sincerely,
~~~-
Kyle R. Hagen
Environmental Engineer
NC Superfund Section
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] \ FAX [phone] \ Internet http://wastenotnc.org
An Equal Opportunity I Affirmative Action Employer -Printed on Dual Purpose Recycled Paper
• •
DECLARATION OF PERPETUAL LAND USE RESTRICTIONS
Aberdeen Pesticide Dump Site, Moore County, North Carolina
The real property which is the subject of this Declaration of Perpetual Land Use
Restrictions ("Declaration") is contaminated with hazardous substances, and is an INACTIVE
HAZARDOUS SUBSTANCE OR WASTE DISPOSAL SITE (hereinafter referred to as the
"Site") as defined by North Carolina's Inactive Hazardous Sites Response Act, which consists
of Section 130A-310 through Section 130A-310.19 of the North Carolina General Statutes
("N.C.G.S."). This Declaration is part of a Remedial Action Plan for the Site that has been
approved by the Secretary of the North Carolina Department of Environment and Natural
Resources (or its successor in function), or his/her delegate, as authorized by N.C.G.S. Section
130A-310.3(f). The North Carolina Department of Environment and Natural Resources shall
hereinafter be referred to as "DENR."
RAB Group Aberdeen, LLC., Southern Pines, North Carolina is the owner in fee simple of
the Site, which is located in the Sandhills Township, Moore County, North Carolina and being all
of Lot 1, as recorded in Deed Book 2745, Page 169 in the Office of the Register of Deeds for Moore
County, and as shown on that map entitled, "SURVEY FOR DIVISION OF PROPERTY OF RAB
INVESTMENTS; LLC", drawn by S.R. Sheffield, PLS, dated September 30, 2004 and recorded in
Plat Cabinet 11, Slide 870, Moore County Public Register. The Site is also shown on a Notice of
Inactive Hazardous Substance or Waste Disposal Site, incorporated by reference into this
Declaration, constituting a survey plat identifying hazardous substances remaining on the Site and
approved by DENR pursuant to N.C.G.S. Section 130A-310.8 that, simultaneously with the
recordation of ihis Declaration, is being recorded at Map Book ___ _, Page ___ in the Office
of the Register of Deeds for Moore County.
For the purpose of protecting public health and the environment, RAB Group Aberdeen,
LLC, hereby declares that all of the Site shall be held, sold and conveyed subject to the following
perpetual land use restrictions, which shall run with the land; shall be binding on all parties having
any right, title or interest in the Site or any part thereof, their heirs, successors and assigns; and shall,
as provided in N.C.G.S. Section 130A-310.3(f), be enforceable without regard to lack ofprivity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular land.
These restrictions shall continue in perpetuity and cannot be amended or canceled unless and until
the Moore County Register of Deeds receives and records the written concurrence of the Secretary
ofDENR (or its successor in function), or his/her delegate.
PERPETUAL LAND USE RESTRICTIONS
1. The Site shall be used exclusively for commercial or industrial purposes but shall
not be used for child care centers, schools, parks, recreational areas, or athletic fields.
• •
2. No surface or subsurface native or fill earthen materials may be removed from the
Site without the written permission of DENR or its successor in function.
3. The Site shall not be used for sporting activities of any kind, including, but not
limited to, golf, football, basketball, soccer, and baseball.
4. The Site shall not be used for any above-or below-ground construction,
improvements (including, but not limited to, utilities, roads, and sidewalks) unless approved
by _Q_ENR of its successor in function. No alteration, disturbance or removal of the existing
soil, landscape and.contours shall occur unless approved by DENR or its successor in function.
5. The Site shall not be used for agricultural or grazing purposes or for timber
production.
6. The Site shall not be used for kennels, private animal pens, or for riding clubs. . '
7. Any surface or underground water shall not be used for any purpose. The
installation of groundwater wells or other devices for access to groundwater for any purpose
other than monitoring groundwater quality is prohibited without prior approval by DENR,
or its successor in function.
8. Groundwater beneath the Site shall not be used as a source of potable or irrigation
water. The installation of groundwater wells or other devices for access to groundwater for
any purpose other than monitoring groundwater quality is prohibited without prior approval
by DENR, or its successor in function.
9. The Site shall not be used for mining, extraction of coal, oil, gas or any other
minerals or non-mineral substances.
10. Mowing of vegetation and tree pruning is allowed on the Site.
11. All other uses of the Site are prohibited, except as approved in writing by DENR
or its successor in function.
12. The owner shall submit a letter report containing the notarized signature of the
owner, annually on or before the anniversary date of the recordation of this Declaration, to
DENR, or its successor in function, confirming that this Declaration is still recorded in the
Office of the Moore County Register of Deeds and that activities and conditions at the Site
remain in compliance with the land use restrictions herein.
13. No person conducting environmental assessment or remediation at the Site, or
involved in determining compliance with applicable land use restrictions, at the direction of,
or pursuant to a permit or order issued by, DENR may be denied access to the Site for the
purpose of conducting such activities.
• •
ENFORCEMENT
The above land use restrictions are an integral part of the remedy for the contamination at the
Site. Adherence to the restrictions is necessary to protect public health and the environment. These
land use restrictions shall be enforced by any owner, operator, or other party responsible for any part
of the Site. The above land use restrictions may also be enforced by DENR through the remedies
provided in N.C.G.S. Chapter 130A, Article 1, Part 2 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 Decl~ration without the approval ofDENR or its successor in function shall constitute
noncompliance with the Remedial Action Plan approved by DENR for the Site, and shall be subject
to enforcement by DENR 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.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Site is sold, leased, conveyed or transferred, pursuant to N.C.G.S.
Section 130A-310.8(e) the deed or other instrument of transfer shall contain in the description
section, in no smaller type than that used in the body of the deed or instrument, a statement that the
real property being sold, leased, conveyed, or transferred has been used as a hazardous substance or
waste disposal site and a reference by book and page to the recordation of the Notice of Inactive
Hazardous Substance or Waste Disposal Site referenced in this Declaration.
IN WITNESS WHEREOF, I, exercising power of attorney for RAB Group Aberdeen, LLC
execute these presents on this_ day of ____ , 2005.
Signatory's name typed or printed: Robert A. Baillie
Signatory's title typed or printed: Member/Manager
Signature: _____________________________ _
• •
STATE OF NORTH CAROLINA
COUNTY OF _______ _
I, ________________ , a Notary Public, do hereby certify that
__________________ personally appeared before me this day and
signed this Declaration that he is a Member/Manager of RAB Group Aberdeen, LLC and that by
authority duly given, and as the act of RAB Group Aberdeen, LLC the foregoing instrument was
signed in RAB Group Aberdeen, LLC name by such Member/Manager.
WITNESS my hand and official seal this_ day of ____ , 2005.
Notary Public
My Commission expires: ________ _
[SEAL]
AP PROV AL AND CERTIFICATION OF THE NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
The foregoing Declaration of Perpetual Land Use Restrictions is hereby approved and
certified.
By:
North Carolina Department of Environment and
N,~ / Vdi~
Name: Dexter R. Matthews
Title: Director
• •
REGISTER OF DEEDS CERTIFICATION
The foregoing Declaration of Perpetual Land Use Restrictions is certified to be duly
recorded at the date and time, and the Book and Page, shown on the first page hereof.
Register of Deeds for Moore County
By:
(signature)
(type or print name and title)
~-USAAirbill Tracking
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rasdl al loss, damage, or delay, IIOl'Mletively, ~-or misilfoona!n\ ll'lless
'l'QI.I declare a higher value, pay an additronal charge, arid document your
actual loss in a timely rnanoer. Your right Ill rnc011er frnm us f{)( any loss includes irrtnnsic
value of the package, loss of sales, itterest. trulit, iltt00l8y"s !IN!S, costs, an:! lllher loom
of damage. vdlether direct, rocident11I, coosaquential, or speciat arid is imited to lhe
greater of $100 or the declared value but cannot exceed actual documented loss. The
maximum declared value for any FedEx Letter arid FedEx Pak is ib'.Xl Federal Elqiress
may. ~ 'PJI" requesl. arid lwh soma irriratlonS, refln;I al transportatioo charges paid.
Sea the FedEx Service Guide !or further details.
323 1000 m Express Package Service PBckagasundarf50lbs.
FedEx Priority Overnight D FedEx Standard Overnight
INo,t bOSfllSI marn,ngl (NutbOSIIIOH 1tit<rl00nl
□ FedEx Government Overnight D (Auchori,o~ u,o On0/1
□ NEW FedEx First 0vernioht I Earliest ne,:t business momin11 dolive,y to •eloct locauon•I
IHl11horral1uppty) I
Dolrvtl)' commftmnt m1v 'Ool1tor,nsomooroas
□ FedEx2Day" 1Secondbosmossd1vl
"Ft<1E>l.attorR1te""11vailoblo.
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□ FedEx Overnight Freight □FedEx 2□iiy Freight D FedEx Express Saver Freight
)~r•:~d::!!~~•v .. ,.,c, ~!~~~d~i:;•~~,n~•I ~~~~ ~~!'~,~~~!~ 11rv,ce
I Call for delivery schedule. See back for detailed o'escripUons of freight products.)
•
•
• d Packaging D FodEI< D FedEI< D '''"' D FedEI< D Otho,
_, _____ ..;c:::;;;;~•:•f~l~~e~0\:•':"'~"~••~••~~~"::..J;k;;;; ___ ,,_, ____ ,_"•b'---•'•'••· • d Special Handling
Does this shipment contain dangerous goods? □ ~~-□ -· Yes si-, Yes Dodo,...,., o,c1ar.....i ""~ □ Dry Ice 0rvlu.9,UN 18(5111 ----· ____ kg.90ol [Oongorou, Good, Shippor"t Dotlu■oon not roquorod)
CAO Cargo Aircraft Only
U Payment •
Bill O Sender
to: IIClltor,lf~::;) ORecipient OToirdPerty OcreditCard O~~!~k
t:::::::::._ IEnt.r Fodt. 1ccouot no.or C,odnC.IG no.below! __J •
FedEx
Account No.-------------------------
Credi! E,p
CardNo ------------------~";•::::====~
Total Packages Total Weight Total Declared Value" Total Charges
s .00
"When dtcl1rong • value h.gher than S100 per 1h'l"l'•ot. \IIIU pry ■n 1ddt!JDflll char91. Stt SHMCE
COM>mOJtS. 01ClAIU:D V.f.LU1 AND LIMIT OF UABIUlY ucoon !or lurtlltr intom.oon
d Release Signature Sign 10 aurhori1e dalivsrywithoutobtaining signaturs.
Your signaturn authorizes Federal hpress to deliver this ship·
ment w,thout obtaining • sfgna!Ure and agrees to indem111fy
and hold harmless Federal E,prns from any resultmg clllm$
•
•
• Ouestions7
Call 1·800·Go·FedEx 11-800-463-33391 The World On Time. --Ro-0.1!3/96 PART,147956
1Cll994•96fec!E• PRINTEO IN U SA •
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TermsAnd:Conditions: -. '
Definitions On this airbill, we, our and us refer to Federal
Express Corporation, its employees, and agents. You and your
refer to the sender, its employees, and agents.
Agreement To Terms By giving us your package to deliver,
you agree to all the terms in our current Service Guide, which is
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....
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Part1147956/147957 • Rev. 3/96
• •
March 28, 2005
Memorandum
TO:
FROM:
RE:
Dexter Matthews
Director of Division of Waste Management
-Kyle R. Hagen (X299)
Environmental Engineer
NC Superfund Section
Aberdeen Pesticide Dump Sites, Farm Chemicals, OU3
Aberdeen, Moore Co., NC
EPA ID# NCD980843346
The attached Declaration of Perpetual Land Use Restrictions and the three Mylar plat
copies of the Fann Chemicals Lot 1 for the Land Use Restrictions are presented to you
for your signature.
The implementation of institutional controls in the form ofa perpetual restrictive
covenant (i.e. Land Use Restrictions) were agreed upon in a ROD Amendment between
EPA and the PRPs in September of 2003. This perpetual restrictive convenant is
required on "property currently under the control of the PRPs to prevent the installation
of a potable well" due to the remaining groundwater contamination undergoing the
monitored natural attenuation remedy. Before the PRPs could implement the land use
restrictions, the actual owner, Farm Chemicals, sold the property to RAB Group
Aberdeen, LLC. RAB Group Aberdeen, LLC subdivided the property into two lots Farm
Chemicals Lots 1 and 2. Farm Chemicals Lot 1 was sold to AHFC Realty Inc. while
RAB Group Aberdeen, LLC retained ownership of Farm Chemicals Lot 2. During RAB
Group's endeavor to develop the Farm Chemicals Lot 2 for industrial purposes, Moore
County informed them they needed a letter from EPA clearing the County to authorize
development/construction on the property. Their subsequent contact with Jon Bornholm,
the EPA RPM for the site, identified the failure as yet for the previous owners, Farm
Chemicals, to implement the perpetual restrictive convenant on the property in the form
of Deed Recorded Land Use Restrictions. Therefore, to comply with EPA's requirements
and to obtain development permission from the county they have submitted the attached
Land Use Restriction document and Plats to NC DENR for the required approvals.
EPA is in the process of contacting AHFC Realty Inc., the owners of Farm Chemicals
Lot 1, to implement Land Use Restrictions as well.
Please let me know if you have any questions concerning this site or the attached
documents.
[",S---~--~~ ) ·rx•-/ ··7 -lJ!fiiiii;,; -·-OLJ (_') ~ 0. _-,_--::c...-c..~cc-cc:z 2:11-1-111--1 -.c,:· --J -( ( (_ • Cl -. J,?J_ __ ,J\Jl l'.' ' ' ''~!J.lJJ~~~ " <f' ·-----.._.._-;'.; -1-·-" -" rn ---'" I• ---~~ '"r / I AJl..✓--l )/__L__j______/ V . • [~ K-t~/..,41/b /J( ~-. "---l-1_ ~ .::--. ;tC:)-;, t -{112~--L C) C:: ~ T I C) r-----J :3 ~ E T C:: f--l I, S. R. SHEFFIELD, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION REFERENCE: PLAT CAB. 11, SLIDE 870 DEED BOOK 565 , PAGE 30 DEED BOOK 2262, PAGE 387 DEED BOOK 2664, PAGE 179 DEED BOOK 2683, PAGE 338 DEED BOOK 721, PAGE 80 MOORE COUNTY REGISTRY THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION SHOWN; THAT THE RATIO OF PRECISION AS CALCULATED IS 1: 10.000+; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, UCEt:ISURE NUMBER AND SEAL THIS ~ 7~ DAY OF 7Z7z:::lf C CT , 2005, A.O. ,,,11111 ,,~\_\~A-·•11 ,,, ~ __ .. .. '(, / , ' .-,••, , __ •• f'\.O•. ~ S. R. SHEFFIELD, AL ·-. '; 365 ~ ¥°NO. L-1365 ; § -:. ·.) 9::! : -:. ·f1t, ..._q-:: -;v' ·-... su~---c::,$ ... ,; ,t., ··•••·· ~'v.~ ,;r \" ,, ,,;,SHEft ,,,, ''''"'"''''' FURTHER: THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. WITINESS MY ORIGINAL SIGNATU~NSURE NUMBER AND SEAL THIS ef DAY OF ~Az.v1/ , 2005, A.O. ,,,,11111,,,, -,.:fi\_ 'r\ CARo'',,, ~ '/ fr. c___::_ S. R. REFERENCE: PLAT CAB. 11, SLIDE 870 DEED BOOK 565 , PAGE 30 _ ~-1365: :;; ·-1( g-, = -:. . ~ -._;,,.. ->: .-· = -:-;\J: -~~.s~~---<::J~ .... I:, ••·••··• <' . ••.••✓.~ ,;r \"'' ,,,-, SHE Ft ,\,,, ''''"""''' DEED BOOK 2262, PAGE 387 (TO AHFC REALTY, INC.) DEED BOOK 27 45, PAGE 169 (TO RAB GROUP ABERDEEN, LLC) DEED BOOK 2683, PAGE 338 (TO AHFC REALTY, INC.) DEED BOOK 721, PAGE 80 MOORE COUNTY REGISTRY UNLESS OTHERWISE DENOTED, e = EXISTING IRON STAKE ■=EXISTING CONCRETE MONUMENT □=SET CONCRETE MONUMENT O=SET IRON STAKE ~=SQUARE FOOTAGE A= POWER SERVICE STUB ®= SEWER SERVICE STUB @= TELEPHONE SERVICE STUB @= CABLE TV SERVICE STUB Ell= WATER METER '9'= FIRE HYDRANT ~= SANITARY SEWER MANHOLE f = UTILITY POLE --3,,oE-= AREA LIGHT WHEN THIS PROPERTY OR ANY PART OF IT IS SOLD, LEASED, OR CONVEYED OR TRANSFERRED, N.C.G.S. 130-A-310(e) REQUIRES THAT THE FOLLOWING LANGUAGE BE PLACED IN THE DESCRIPTION OF THE DEED OR OTHER INSTRUMENT OR TRANSFER IN NO SMALLER TYPE THAN THAT USED IN THE BODY OF THE DEED: This property has been used as a hazardous substance or waste disposal site. A Notice of Inactive Hazardous Substance or Waste Disposal Site is recorded in the Moore County Register of Deed's office in Book Page ----~ Questions concerning this matter may be directed to the North Carolina Division of Waste Management, Superfund Section, Inactive Hazardous Sites Branch, 1646 Mail Service Center, Raleigh, N. C. 27699-1646. The areas and type of contamination depicted upon the mop ore approximations derived from the best available information at the time of filing. The analytical data for the monitoring wells provided by NewFields and based on sampling performed by URS Corporation on Moy, 2003 and April, 2004. List of groundwater contaminants for each well with above the 15A NCAC 2L groundwater protection standard for the State of North Carolina. --4-12~~~---------for the purpose of N.C.G.S. 130A-310.8. __ _/h;Z_Lf_m.-.£90,~7!4--" -----Dexter Matthews, Director Division of Waste Management North Carolina Woke County, I, ..Su~_;;;: M,~ , a Notary Public of said County and State do hereby certify that .Dexter Mot{hews did personally appear and sign before me this the {. n day of ~.,,!I~-, ..Mlfl_,_ __ _ _<::, __ -\._~d.-q! __ ~iAiTic-T ..... .-:--:,~ e a a a O 0 . --f i;tl~a;~ -I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I --1-... -. o' ., PCC REAL TY CORPORATION DEED BOOK 1616, PAGE 366 -----N34'49'1 a·w --42.13' ----TIE LINE TO CL INTERSECTION . --' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I -I --TOWN OF ABERDEEN DEED BOOK 1142, PAGE 208 ' \ I I I I \ I I \ \ \ \ \ \ \ I I I \ JACK TAYLOR & GEORGE D. ANDERSON DEED BOOK 818, PAGE 287 \ I \ \ I \ I I \ \ \ \ I I \ \ \ I I I I I I I I I I I I I I I I I I I I I I I I I I I \ I I I ·~~ .) TOWN OF ABERDEEN DEED BOOK 372, PAGE 488 My Commission expires, _ __{J.J!:[ __ ,,?-1._, ~o,~o~S:~-----.:-i---N10'32'02"E 80.39' ------. __ --,I' CA.RO!JN-4 & JPEsn,R.N R.4Jr.Ro.4.0 \ I \ I I I I Well 1MWD05 List of Groundwater Contaminant 1,2 Dibromo-3-chloropropane 2,4-Dimethytphenol 2--Methytphenol Alpho-BHC Beto-BHC Bis(2-Chloroisopropyl) ether Cadmium Carbary! Chloroform Delta-BHC Dieldrin Disulfoton Fensulfothion Iron Manganese m-Xytene & p-Xytene a-Xylene Tetrachloroethene Gommo-BHC Well 1EX01 Measurement 430 ppb 240 ppb 1.1 ppb 1.6 ppb 1.6 ppb 0.88 ppb 5.5 ppb 3.8 ppb 0.98 ppb 1.0 ppb 0.14 ppb 2.8 ppb 0.91 ppb 24000 ppb 270 ppb 4800 ppb 1700 ppb 1.8 ppb .91 ppb List of Groundwater Contaminant Measurement 1,2,4 Trimethytbenzene 830 ppb 1,3,5 Trimethytbenzene 390 ppb 2-Methytnaphthalene 77 ppb 2--Methytphenol 3.9 ppb 4-Nitrophenol 14 ppb Alpho-BHC 1.6 ppb Beta-BHC 0.21 ppb Bis(2-Ethylhexyl) phtholote 5.0 ppb Carbary! 6. 2 ppb Delta-BHC 1.7 ppb Endosulfan sulfate 0.06 ppb Year Measured 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 Measured t ~ 0 CONlROL CORNER -1 I I I I r--CX) w 0 ::i Cf) --cri <( (.) Q,, >-~ :'.5 CL I I I I I I I I I I I I f.. r: ~ ~ 0) Ci ~ I CONlROL / CORNER I LRK: 49062 I SURVEYOR: STEPHEN R. SHEFFIELD & ASSOCIATES, 2233 N. PINEHURST STREET ABERDEEN, N. C. 28315 P. A. I I I I ------I\·--. \ \ -\ -·--.!... I I I I --79,., • .,_.,,.. \ -I I -I -~:8 I .... -~ ~ i I ;; I I I I I I I I I -S7g,...__ -.__ '22'J -~6"E -_ 124.06' ------... ~ ~ a •uGJnr :,, -, ---A.Y No. 5----c. ;;; !::: J.'\i,~,.;:.------...,. _ .. , ~ -------~ -_ p oj 31.2• ----s7,-, . I . --o"-- . ~----820 .. ~ ~......... --Pf( ""-.. ------C "'7:\-. . . . -=,...,.._ .,,.__ v., . . Nl'lll .----------. 7 9. 9 -"=' -. ' -~ ,,,,. -..... RAILRaAO SPUR RIGHT OF~--;_:;-t--__:_ f -. . ~ ~--'/1:._ . ---:::;__ _________ ~ (NO SPECIFIED WIDTH) / . ---f\-1 ---...:::.-,,,,._ ------------~ / DEED BOOK 721. PAGE 80 / MONl_,.G 'IE.I. 7 r----= -:::::--.-.. , ~ "'-·,, / Well 1M'II012 I ----• -. -..::-~-......: I ---~ AHFC REAL TY, INC. / / -.......__ ~.. ':---; _ DEED BOOK 2683, PAGE 338 / / ----......,. '~-fl!!:, ,~, , S1-413'10-W ..........._ ........._ \ 58 ACRES TOTAL / / 53.66' ----..__ ', '<O,.,, , . I llEUNE ...._ ~~ / 3.15 ACRES SOUTH Of RIGHT Of WAY / -..._ , -<1,1,,--1 I ' '~ --!i7J1•4;s•org: 91f.sa ~. -·--. I ---...... ............. ...... ...... . '-'-. ------+ I 0 ,' / 0 '~,-/ I 2 , , / 1 ..,,.,11lRINo wrusA;_ ~ < ,I . I I,-0 / ,, AHFC REAL TY, INC. / DEED BOOK 2262, PAGE 387 L AHFC REAL TY, INC. DEED BOOK 2262, PAGE 387 GECJRGE D. ANDERSON, JR. DEED BOOK 1064, PAGE 153 ,~~ \\ / / ~ ~ f N115"24'39"W ~\ iii J 209.09' " \ -" &..s,~, N54"40'54"W 17.25' / , / , ' ' ' / llE LINE \\ .-/ I a Mo,nllfflNG 'IE.I. '~ I ;;;I(~ 9~1 1EX01 \\ I ;. I I , • I I ',, ' I I ',, \ I ,s. 00.,_,,_,I ','t.~1r,, , I ~ ,s.oo ,,,,.~'--,1>., ' I / / 5.62 ACRES TOTAL v,j,g.;~?!-, t, f / 4.82 ACRES SOUTH Of RIGHT OF WAY ',, I I I I ' .-,i, ,,(J ''-J I ',tJI ~~ I 1-1 0~. -1-, / RAB GROUP ABERDEEN, LLC +---...: ...._ '-...._ ...._ ...._ ~ Well 2MWS09 ,f, ' N15"25'1B•w 202.01' ' TIE LINE IRIS KEITH DEED BOOK 262, PAGE 384 S6118'23"E 45.80' xqg Ethytbenzene 23000 ppb Fensulfothion 0.88 ppb Gommo-BHC (lindane) 2.3 ppb Year 2003 2003 2003 2003 2003 2004 2004 2003 2003 2004 2003 2003 2003 2004 2003 2003 2003 2004 2003 2004 2003 2003 910--255-0420 OWNER: (LOT NO. 1) RAB GROUP ABERDEEN, LLC P. 0. BOX 385 :o.;AAR POWERBOSS 1/i I DEED BOOK 27 45, PAGE 169 / '-DEED BOOK 1446, PAGE 57 / _ -1 ~-S05'43'04"W / N15'08'03"E / +~ ------27.31' , 59.91' / / / , ' .____ / I -, • Iron 8100 ppb Manganese 480 ppb Methylene chloride 360 ppb m-Xylene & p-Xytene 74000 ppb Naphthalene 120 ppb o-Xytene 23000 ppb Toluene 1200 ppb Zin C 2100 ppb Well 1MWD12 List of Groundwater Alpha-BHC Delto-BHC Dieldrin Beta-BHC Well 2MWS09 Contaminant List of Groundwater Contaminant Alpho-BHC Beta-BHC Bis(2-Chloroisopropyt) ether Bis(2-Ethythexyl) phthalate Delto-BHC Dieldrin Endosulfan sulfate Gammo-BHC (lindane) Heptochlor Heptachlor epoxide Manganese Well 1EX02 List of Groundwater Contaminant 1,2 Dibromo-3-chloropropane Alpho-BHC Beto-BHC Bis(2-Ethythexyt) phtholote Delto-BHC Dieldrin Measurement 0.26 ppb 0.84 ppb 0.18 ppb 1.7 ppb Measurement 0.37 ppb 4.2 ppb 5.8 ppb 4.7 ppb 0.32 ppb 0.52 ppb 0.18 ppb 0.25 ppb 0.042 ppb 0.022 ppb 210 ppb Measurement 24 ppb 1.2 ppb 3.0 ppb 3.4 ppb 8.6 ppb 1.1 ppb 3.6 ppb 120 ppb 0.44 ppb 0.93 ppb Endrin ketone Ethylbenzene Fensulfothion Gommo-BHC (lindane) Heptachlar Iron Manganese m-Xytene & p-Xylene a-Xylene Zinc 0.065 ppb 2600 ppb 740 ppb 1200 ppb 930 ppb 240000 ppb Year Measured 2004 2004 2003 2004 Year Measured 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 Year Measured 2003 2004 2004 2003 2004 2003 2003 2003 2003 2004 2003 2003 2003 2004 2004 2003 SOUTHERN PINES, N. C. 28388 OWNER: (LOT NO. 2) AHFC REAL TY, INC. A NORTH CAROLINA CORPORATION 1246 MAIN AVENUE, SE HICKORY, NORTH CAROLINA 28602 NOTE: IMPROVEMENTS NOT SHOWN. RAB GROUP ABERDEEN, LLC Robert A. Baillie Member /Manager State of North Carolina County of Moore I, Koren Amiot, a Notary Public of the County and State of aforesaid, certify that Robert A. Baillie personally come before me this day and acknowledged that he N08'02'28"E 70.19' is the Member /Manager of RAB Group Aberdeen, LLC, a North Carolina Limited Liability Company, and that by authority duly given and as the act of Limited Liability Company, the foregoing Declaration of Perpetual Land Use Restrictians was signed in its name by Robert A. Baillie as a Member /Manager. Witness my hand and official stomp or seal this __ .day of ______ , 2005. Name: Notary Public My Commission expires, FIie name: Q:__\,,_D1:,l\RABDENR Plot dote: 03/23/05 at 10:02 JN: D40478 x_ I + I -x_ I ( -x '-H1s.oo S7919'05"W 41.17' s8110•13•w I I l_-------. +'-I 'I~~ r~ ~ ·O ...._,.. 'IE.I. I~ !; -_ W,1\ 1EX02 "'-_ I I &J ---~ I ----'\ 1f --' X --->, 11 -~, ~,~ I 49.62' IRIS KEITH DEED BOOK 262, PAGE 384 AAR POWERBOSS DEED BOOK 1446, PAGE 57 '« ...:::e-~. N41"09'16"W 106.76' TIE LINE Notice of Inactive Hazardous Substance or Waste Disposal Site RAB GROUP PROPERTY OF ABERDEEN, LLC, (LOT AND AHFC REALTY, INC. FARM CHEMICALS, INC. (LOT LANDS SAND HILLS TOWNSHIP, MOORE COUNTY, ABERDEEN, NORTH CAROLINA MARCH 23, 2005 -*-SCALE 1"=80' STEPHEN R. SHEFFIELD & ASSOCIATES, P.A. 2233 NORTH PINEHURST STREET ABERDEEN, NORTH CAROLINA 80' 40' o· 80' 160' 2) 1) . ~ ,_ ~ r: .--' .-,. i' I-; r .. k 1.:: ' ,o ·.; ,_ ' c . ·, l t ' I ~ • f ' .,._""""---4,