MO-30463_49456_C_NRP_20240716_Filed Notice of Residual Petroleum

For Registration
Fredrick Smith
Register of Deeds
Mecklenburg County, NC
Electronically Recorded
2024 Jul 16 08:42 AM RE Excise Tax: $ 0.00
Book: 38943 Page: 496 - 501 Fee: $ 26.00
Instrument Number: 2024065746
,�J -a 11 J-k
Drawn By/Return to:
John Hazlehurst
5925 Carnegie Blvd. Ste. 200
Charlotte. NC 28209
NOTICE OF RESIDUAL PETROLEUM
Parcel: 13901201 at 8501 Fairview Road, Charlotte, Mecklenburg County, North Carolina
NC DEQ Incident: Johnny Ferguson Property UST Incident #49456
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 143113-279.9 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 retrain
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 143E-279.9 and 143B-279.11 and has/shall be recorded at the
Mecklenburg County Register of Deeds' office
Book 17561, Page 155, more particularly Map Book 61 Page 318, Tract 2, Parcel 413901201:
Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg County
Register of Deeds' office, and has been/shall be incorporated into the Notice by this reference.
Source Property
Johnny F. Ferguson 111 and wife Gail M. Ferguson of Mint Hill, NC are the owners in tee simple
of all or a portion of the Site, which is located in the County of Mecklenburg, State of North Carolina, and
is known and legally described as:
Revised February 7, 2019
submitted electronically by "Hazlehurst & Blake, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Mecklenburg County Register of Deeds.

EXHIBIT A
Legal Description:
Located in the City of Charlotte, area of Mint Hill, Mecklenburg County, North Carolina, and being more
particularly described as follows:
BEING all of Tract 2 containing 2.06 acres as shown on that plat entitled "Minor Subdivision of 8501
Fairview Road" and recorded in Map Book 61 Page 318 of the Mecklenburg County Public Registry.
Parcel # 139-01-201
8501 Fairview Rd
Charlotte, NC 28227
2

For protection of public health and the environment, the following land use restrictions required by
N.C.G.S. Section 143B-2799(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 Mecklenburg 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: Soil containing residual petroleum above applicable regulatory standard(s), remains
on the site within the area identified in Figure .3 of the Site Plan sampling locations
as per the UST Removal Report dated February. 2024. No soil shall be excavated or
disturbed within 3 feet of the area identified in Figure 3, 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 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
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, Johnny Ferguson Ill has caused t1lisNotice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11, this day of 'Ma(Z c 2024.
Johnny F. Ferguson III
By:
signature op6jpmlible pany attorney or other agent if there is one)
Signatory's name typed or printed: Johnny Ferguson III
NORTH CAROLINA
Admienwrg COUNTY
(Name of county m which admowkdgment 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: dish uSuri �L
Date:
(Official Seal)
�FERQU,S+Qti
otaRr '••,
psi N Cj Of
PU
Qioa of Notary Public
�vS,�+hJa � max d
(printed or typed name of (atary Public)
Notary Public
My commission expires: 211
Revised February 7, 2019

)roved for the purposes of N.C.G.S. 14313-279.11
(signature of Regional Supervisor)
Ronald H. Taraban, Ph.D.
Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environmental Quality
T"I County, State of North Carolina
certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document:
Ronald H. Taraban (printed name of Regional Supervisor)
�i�►E,Rlq/y
"0)7
F
.�,. j
JSherian R. Black, Notary Public. _
Notary Number: 20041820022
My commission expires:
July 12, 2024 _

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From: Beverly, Trudy
To: rroCa inencoinc.com
Subject: RE: [External] UST removal at 8501 Fairview Road -Mint Hill, N. C.
Date: Thursday, July 18, 2024 8:34:00 AM
Attachments: imacie001.a_na
Received. Thanks for the update.
Trudy
D-E
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.13everly(kdeq. nc. gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: hiws:Hdeq.nc.2ov/about/divisions/waste-mana2ement/ust
Branch's Above Ground Storage Tanks Website Address: htWs://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns:Hdeo.ne. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans
File Review Procedures:
h=s:Hdeq.nc. gov/about/divisions/waste-mana2ement/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
h=s://deq. nc. gov/about/divisions/waste-management/IIaserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https:Hfiles.nc.gov/ncdeQ/W aste%20Management/DWM/USTfWhatsNew/Final-Electronic-Document-Submittal-Policy_Rdf
h=s://files.nc. gov/ncdeq/W aste%2OManaaement/DWMiUST/Corrective%2OAction/UST%20file%20names°/`20for%2OLaserfiche. docx
From: [e-mail] <[e-mail]>
Sent: Wednesday, July 17, 2024 4:20 PM
To: Beverly, Trudy <[e-mail]>
Subject: FW: [External] UST removal at 8501 Fairview Road -Mint Hill, N. C.
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Trudy,
I hope all is well.
Please find attached a certified filed NoRP for the subject property as we finally got it filed.
The lawyers office made two small changes:
" We made 2 changes - the legal description was corrected to remove the old legal
description for 14.57 acres, and just include the last part of the legal description - which

correctly only included the 2 acres for Parcel 139-01-201. And we added the "THIS IS
NOT A CERTIFIED SURVEY...." language to the Page 5 Exhibi(ii)"
Thanks
Ryan R. Osborne, PE
INENCO, Inc.
132 W. Statesville Ave.
Mooresville, NC 2811S
Office: 704-662-8192
Fax: [phone]
Mobile: [phone]
From: rro(cDinencoinc.com <rro(@inencoinc.com>
Sent: Monday, March 25, 2024 10:46 AM
To: 'Beverly, Trudy' <trudy.beverlyccpdeg. nc.gov>
Subject: RE: [External] UST removal at 8501 Fairview Road -Mint Hill, N. C.
Trudy,
Please find attached a draft of the NORP for the subject site. At this time the property owners
have elected to let the site risk remain and ask for the NORP.
If your office approves of this wording, I get signed and notarized copies to you ASAP.
Ryan R. Osborne, PE
INENCO, Inc.
132 W. Statesville Ave.
Mooresville, NC 2811S
Office: 704-662-8192
Fax: [phone]
Mobile: [phone]
From: rro(@inencoinc.com <rro(@inencoinc.com>
Sent: Tuesday, March 12, 2024 12:57 PM
To: 'Beverly, Trudy' <trudy.beverly(@deq.nc.gov>
Subject: RE: [External] UST removal at 8501 Fairview Road -Mint Hill, N. C.

Trudy,
I just spoke to Mr. Ferguson to verify my answer and he gave me some additional history:
Both 13901201(8501 Fairview) and 13901203 (8419 Fairview) are owned by Mr. Furguson. In
the past, both houses utilized their own water supply wells. The home at 8419 Fairview had
renters in place in 1999 when the existing well went out, at the time Mr. Ferguson lived at the
8501 address. Mr. Ferguson had a new well was drilled in September of 1999 at 8419
Fairview. I have attached the well record that Mr. Ferguson faxed me. Some time in 2000
water lines were extended by Meck County and the house at 8501 was moved to city water.
The well at 8501 Fairview was abandoned.
It seems that the Meck County WIS listing for 8501 Fairview is an error, most likely because
8501 Fairview was Mr. Ferguson's address when the well was drilled.
The property beside and behind these two parcels listed as 13901204 was also owned by Mr.
Ferguson. He sold the 10 acre property in 2017 and the new owner added an "irrigation well"
to supply the fountains in the pond (property now owned by Meck County and used as a park).
According to Mr. Ferguson he watch the well be drilled and it is located in the back of the
property and not on the part of the property that serves as the driveway or had road frontage on
Fairview Road. I have not confirmed the exact location of this well.
During my assessment of the site, the only well located was the one that is on parcel 1390103
with the address of 8419 Fairview Road.
I hope this clarifies.
Ryan R. Osborne, PE
INENCO, Inc.
132 W. Statesville Ave.
Mooresville, NC 2811S
Office: 704-662-8192
Fax: [phone]
Mobile: [phone]
From: Beverly, Trudy <trudy.beverl) lPdeq.nc.gov>
Sent: Tuesday, March 12, 2024 10:42 AM
To: rro(@inencoinc.com
Subject: RE: [External] UST removal at 8501 Fairview Road -Mint Hill, N. C.

Hey Ryan,
The Mecklenburg County Well Information System shows a well on parcel 13901201 (8501
Fairview Road) and a well on the adjacent parcel see info below. The well you located on
parcel 13901203 (8501 Fairview Road) must not have been registered with Mecklenburg
County. Did you locate either of the other wells when you did your boots on the ground
survey?
Private Wells:
Address
Well Type
PRV
Property Use
Well System
Well#
1
Well Use
Irrigation
Well Status
Active
Well Verif Code
Date —Installed
11/26/2017
Well Parcel ID
13901201
Total —Depth
600
Casing —Depth
107
Diameter
6
Yield GPM
21
Well Contractor
Locust Pump & Well
Certificate #
2230-A
Private Wells:
Address
8519 FAIRVIEW RD
Well Type
PRV
Property Use
Well System
Well#
1
Well Use
Irrigation
Well Status
Unknown
Well Verif Code
Date —Installed
12/31/1899
Date —Abandoned
12/31/1899
Well Parcel ID
13901204
Thanks,
Trudy

DEQ�
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.B everlygdeq. nc. gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: hUs:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: httns://deq.nc.,gov/about/divisions/waste-mana,gement/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
htWs://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment ig s=mays
File Review Procedures:
httos://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
httDs://deo.ne.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
httlis:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policypdf
htms:Hfiles.nc. gov/ncdeq/Waste%2OManagement/DWM/UST/Corrective%2OAction/UST%20file%20names°/o20for%2OLaserfiche.docx
From: rro(@inencoinc.com <rro(@inencoinc.com>
Sent: Monday, March 11, 2024 4:11 PM
To: Beverly, Trudy <trudy.beverly(@deq.nc.gov>
Subject: RE: [External] UST removal at 8501 Fairview Road -Mint Hill, N. C.
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Trudy,
I apologize for bugging you on this one. The property owner wants to move forward with what
may allow him to put the two parcels in question on the market and has reached back out to
me.
Ryan R. Osborne, PE
INENCO, Inc.
132 W. Statesville Ave.
Mooresville, NC 2811S
Office: 704-662-8192
Fax: [phone]
Mobile: [phone]
From: Beverly, Trudy <trudy.beverly(@deg. nc.gov>
Sent: Wednesday, February 21, 2024 9:52 AM

To: rro(@inencoinc.com; 'Larry Boone' <tankdigger(@carolina.rr.com>
Subject: RE: [External] UST removal at 8501 Fairview Road -Mint Hill, N. C.
Report received. I'll contact you when the report is reviewed for discussion.
Have a great day,
Trudy
DE
� . 7� 4�4 .
��v
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Tru4.Beverlvna deq.nc.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: hUs://deq.nc.aov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: htWs://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://dea.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-2is-mans
File Review Procedures:
hUs://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
h=s://deq.nc.2ov/about/divisions/waste-management/ aserfiche
Document Submittal & UST File Names for Laserfiche Policies:
htips:Hfiles.nc.gov/ncdeQ/NVaste°/`20Management/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policy.lidf
b=s://files.nc. gov/ncdeq/Waste%2OMana2ement/DWM/UST/Corrective%2OAction/UST%20file%20names°/`20for°/`2OLaserfiche.docx
From: rro(@inencoinc.com <rro(@inencoinc.com>
Sent: Wednesday, February 21, 2024 9:48 AM
To: Beverly, Trudy <trudy.beverly(@deq.nc.gov>; 'Larry Boone' <tankdigger(@carolina.rr.com>
Subject: RE: [External] UST removal at 8501 Fairview Road -Mint Hill, N. C.
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Trudy,
Please find attached a UST Closure Report for the confirmed release of a home heating oil UST at the
subject site. At the direction of the property owner, a limited amount (single truck load) of
contaminated soil was removed from the excavation for disposal.
Please note that the property owner owns two neighboring parcels that are both currently rental
homes. The neighboring parcel includes a water supply well that was measured at a distance of
about 120 feet from the release area described in the attached report. The property owner is in the
process of listing these two parcels together for sale, and has asked me to request a meeting or call
with you once you have a chance to look over the report.

Please let me know when you may be able to discuss.
Ryan R. Osborne, PE
INENCO, Inc.
132 W. Statesville Ave.
Mooresville, NC 28115
Office: 704-662-8192
Fax: [phone]
Mobile: [phone]
From: Beverly, Trudy <trudy.beverly(@deq.nc.gov>
Sent: Wednesday, February 14, 2024 1:22 PM
To: Larry Boone <tankdgg_er(@carolina.rr.com>; rro(@inencoinc.com
Subject: RE: [External] UST removal at 8501 Fairview Road -Mint Hill, N. C.
Good Afternoon Larry,
Thank you for submitting the release reporting form and sample results. The signed/sealed pdf
report can be emailed to me when completed. Let me know if you have questions.
Have a great day,
Trudy
�ipaMrrn el H�mnnment�l 4uriTy��
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.Beverlya deq.nc.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: httns:Hdeg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: httns://deq.nc.2ov/about/divisions/waste-mana2ement/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-management- ig s-ma ss
File Review Procedures:
httns://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
bW2s://deq.ne.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
httlis:Hfiles.nc.gov/ncdeq/W aste%2OManagement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policy.12df
b=s:Hfiles.nc. gov/ncdeg/W aste%20Mana2ement/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Larry Boone <tankdigger(@carolina.rr.com>

Sent: Wednesday, February 14, 2024 1:04 PM
To: Beverly, Trudy <trudy.beverlyCcDdeq.nc.gov>
Subject: [External] UST removal at 8501 Fairview Road -Mint Hill, N. C.
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Hello, Trudy, we removed two 550 gallon home heating oil tanks at the Fairview Road
Location in Mint Hill. The lab results show one of the areas is contaminated. We removed
a total of 14.35 tons of soil that was taken to the disposal facility. Attached are the UST-
61 and lab results for the site. I am working with Ryan Osborne on this site. Please let me
know if you need any further information. Thanks, Larry Boone
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.