AS-29939_49025_C_NRP_20230602_Recorded

Incident #49025
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Doc ID: 035948850004 Type: CRP
Recorded: 06/02/2023 at 02:12:02 PM
Fee Amt: $26.00 PaAe 1 of 4 Workflow# 0000828475-0001
Buncombe County, NC
Drew ReisinQer ReQister of Deeds
BK6324 PG610-613
NOTICE OF RESIDUAL PETROLEUM
Barnette Pro.Qerty. 213 S Laurel Circle 1Black Mountain .Buncombe County• Nonh Carolina
Current Property Owner's Deed Book 5680 Page 671 -673
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 ofN.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 Department of Environmental Quality (or its successor in function), as
authorized by N.C.G.S. Section 1438-279.9 and 1438-279.11. The 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
1438-279.9 and 1438-279.ll, 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 DENR pursuant to N.C.G.S.
Sections 1438-279.9 and 143B-279.l l and has/shall be recorded at the Buncombe County Register of
Deeds' office Book __, Page __ .
Any map or plat required by DEQ has been/shall be recorded at the Buncombe County Register
of Deeds' office Book __ , Page __ , and has been/shall be incorporated into the Notice by this
reference.
Source Propertv
Donna Barnette of Jupiter, Florida is the owner in fee simple of all or a portion of the Site, which is
located in the County of Buncombe, State of North Carolina, and is known and legally described as:
BEING all of Lot 12 as shown on a Plat of Lakewood Park, which said Plat is duly recorded in the Office
of the Register of Deeds for Buncombe County, North Carolina, in Plat Book 12 at Page 29, reference to
which is hereby made for a more particular description.
Being the same property described in Deed Book 2252 at Page 334 and Deed Book 4362 at Page
205, Buncombe County Registry.
M,A-Tf Lvf2, el2,('(($f,0.12.i) ~/\L-TY I
2 6 Lf (' . S 1 f,-T€ S TttfT l> ~ C ~ M (){J tuT A-1 rJ , fJ c 2-ff l \
Book: 6324 Page: 610 Page 1 of 4
For protection of public health and the environment. the following land use restrictions required by
N.C.G.S. Section 1438-279.9(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 Buncombe County Register of Deeds
receives and records the written concurrence of the Secretary (or his/her delegate) ofDEQ (or its
successor in function).
PERPETUAL LAND USE RESTRICTIONS
Soil: Soil containing residual petroleum above applicable regulatory sUJ.ndard(s) remflins on
the site in the location of the heating oil underground storage tank (UST). The UST is located on
the northeast side of the house between the carport and the retaining wall. No soil from a depth of
6feet or more below grade shall be disturbed in the "Area of Soil Contamination" shown in
"AtlaChment A ", except to remediLlle it in accordrince 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 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, Donna Barnette~ caused ~ Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279.11, this~ day of .J,N)..y ,2~J
Donna Barnette
(r,ame of responsible party ,f agenJ i$ signing)
By:l1Eii'10-=-=-=~~~.ILC!),,,!,,....~~._.,...---:-:-----:-1gnature of raponsible party, atfQrney or other agent ifth~ is one)
Property Owner
( 'Title of agent for responsible party if there i.s one)
Signatory's name typed or printed: Donna Barnette
,~~~tt-+1~Jr,t1A FLc R l)A
a.--i....""'-!...l,..:..--'-~~~hu__COUNTY
I certify that the following person personally appeared before me this day. acknowledging to me that be or
she signed the foregoing document Notjce of Residual Petroleum.
Book: 6324 Page: 610 Page 2 of 4
Date: I M°'Y 3\, aoa~
\official Seal)
My commission expires:IJ jaLD \aoa ,-
Approved for the purposes of N.C.G.S. 1438-279.11
~~~a£ ;~•;,;
CAtl)u. I:,).;;:, LbfD All':\ , Regional Supervisor
(printed -of Regu,,,aJ Supervisor)
ASHEVILLE Regional Office
UST Section
Division of Waste Management
Department of Environmental Quality
NORTH CAROLINA
Buoc,orobe-: COUNTY
(Nam~ of C(Nllly in which adcnuwkd~nt was /JJUnJ
Notary Public
I certify that the following pcrson(s) personally appeared before me this day, each acknowledging to me
that he or she signed the foregoing document: Cu:o\:V\(,.)At°".'4 (fullprinJed-ofhgional Supnviso,J
Date; ;[1.,me_. z I U) 2.3
(Official Seal)
My commission expires: Jo,.nuu-rJ ?JI 2.0:i..s
Book: 6324 Page: 610 Page 3 of 4
(prinl«i or t)'pflll-o/Nouuy ~)
Notary Public
ATTACHMENT A
Source: Buncombe County GIS
Not to scale
Property Boundary
Book: 6324 Page: 610 Page 4 of 4
UST location
between back of
carport and
retaining wall
Barnette Residence
213 S. Laurel Circle
Black Mountain. NC 28711