AS-4162_41251_C_NRP_20231026_Recorded

PO Box 604 ▪ Fletcher, NC 28732 ▪ PH: 828-508-4510

October 26, 2023

Ms. Maura Clark NCDEQ-UST Section
2090 US Hwy 70
Swannanoa, NC 28778 RE: Reems Creek Food Mart # 41251 – NRP and Public Notice Certified Receipts – 444 Reems Creek Road, Weaverville, NC.
Ms. Clark:
As requested in the Conditional No Further Action letter, I have attached copies of the NRP and
public notice certified mail receipts for the Reems Creek Food Mart located in Weaverville, NC. This should comply with the requirements for a No Further Action at the site. You can reach me at [phone] if you have any questions. Sincerely,
Chris Singleton, P.G.
Singleton Environmental, Inc.
cc: Mr. David Hightower
Singleton Environmental, Inc.
Wor\:fl o~ \~o~ OJ00848644-0001
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 036137550004 Type: CRP Recorded: 10/20/2023 at 09:12:32 AM Fee Amt : $26.00 PaQe 1 of 4 Workflow# 0000848644-0001 Buncombe County, NC Drew Re1s1nAer ReQister of Deeds BK6359 PG803-806
NOTICE OF RESIDUAL PETROLEUM
444 Reems Creek Road Incident #41251 Weaverville, Buncombe County, North Carolina
Current Property Owner's Deed Book 5444 Page 0735.
The property that is the subject of this Notice (hereinafter referred to as the "Site")
contains residual petroleum and is an Underground Storage Tank (UST) incident under North
Carolina's Statutes and Regulations, which consist of N.C.G.S. 143-215.94 and regulations adopted
thereunder. This Notice is part of a remedial action for the Site that has been approved by the
Secretary (or his/her delegate) of the North Carolina Department of Environmental Quality (or its
successor in function), as authorized by N.C.G.S. Section 143B-279.9 and 143B-279.11. The North
Carolina Department of Environmental Quality shall 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 143B-279.9 and 143B-279.11, are strictly complied with. This "Notice of Residual
Petroleum" is composed of a description of the property, the location of the residual petroleum and the
land use restrictions on the Site. The Notice has been approved and notarized by DEQ pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279.1 l and has/shall be recorded at the Buncombe County
Register of Deeds' office.
Any map or plat required by DEQ has been/shall be recorded at the Buncombe County Register
of Deeds' office and has been/shall be incorporated into the Notice by this reference. See Attachment A.
Source Property
The Stanley Group, LLC of Asheville, North Carolina 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: / REl'l,,l,RJJ To : AveP-.YCfl.£ci<. EM111to11JI
35" D.-L--A-skie Ctrde
A.-Jefl, tJc 2..~?o~
ifx l
BEGINNING at a railroad spike set in the center line of Union Chapel Road (SR 2122) said point also being
the southeastern corner of the Gary E. Payne property as described in Oeed Book 1653, at Page 152, and
running thence with the center line of Union Chapel Road, South 7• 46' 15" West 283.59 feet to a 5/8
inch re bar found at a point being the intersection of the centerlines of Union Chapel Road and Old
Reems Creek Road (SR 1003); thence leaving the centerline of Union Chapel Road and running with the
centerline of Old Reems Creek Road, North 80" 13' oo• West 226.86 feet to a 5/8 inch rebar found at a
point in common with the southeastern corner of the Joe £. Penley property as described in Deed Book
1449, at Page 99 Buncombe County, NC Registry; thence with the Penley eastern boundary line, North
10· 48' 36" East 163.36 feet to a 1 inch iron pipe found at the southwestern corner of the Gary E. Payne
property as described above; thence with the Payne southern boundary line, North 70' 29' 03" East
245.36 feet to the point and place of Beginning. Containing approximately 1.14 acres as determined by
a plat of survey for David Hightower. prepared by McMahan and Associates, dated May 28, 1996, said
survey being incorporated herein by reference.
BEING all of that property as described by that deed to David H. Hightower and wife, Linda S. Hightower
recorded in Book 1911, at Page 368, Buncombe County,. NC Registry.
ALSO BEING all of that property described as Tract Nine by deed from David H. Hightower and wife,
Linda S. Hightower to ChrisWhitney, LLC as recorded in Book 5430, at Page 1873, Buncombe County, NC
Registry.
For protection of public health and the environment, the following land use restrictions required
by N.C.G.S. Section 143B-279.9(b) shall apply to all of the above-described real property. These
restrictions shall continue in effect as long as residual petroleum remains on the site in excess of
unrestricted use standards and cannot be amended or cancelled unless and until the Buncombe County
Register of Deed receives and records the written concurrence of the Secretary ( or his/her delegate) of
DEQ ( or its successor in function).
Soil:
PERPETUAL LAND USE RESTRICTIONS
Soil containing residual petroleum above applicable regulatory standard(s) remains on
the site in the location of the underground storage tank (UST) system. The UST system is
located on the west side of the convenience store building No soil from a depth of 6 feet
or more below grade shall be disturbed in the "Area of Soil Contamination" shown in
"Attachment A", except to remediate it 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.
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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. \
lN WITNESS WHEREOF, UI 1 k ,-.-t,,, caused Ibis N~"'L be ,xecutod
pursuant to N.C.G.S. Section 9.9 an 143B-79.11, this~ day of rY ,20 1-)
__Q ""'"' .,.__,_=-_._,"--r-'-'-'--'---'--=--=--'---(nam of e onsibl pa ty if agent is signing)
"\ ~'l (s!,wiature of responsible pa t , ttomey or other agent if there is one) _F(:es Pt)/\] s d3L G:-AIL ,t . n (1itle o:rgentfor responsible party if there is one)
Signatory'snametypedorp~-l\'1x1,t\ \1l\-ot.L> JR__
COUNTY
(Name of county in which acknowledgment was taken)
l certify that the following person person=\o,Uar¢. before me this day, acknowledging to me that he or
she signed the foregoing document:-:t) "J',,JovJ'(l.i
Date: tc:>\s\~~ ~~(lw(A £JLL-
(Official Seali,,,,,,~,~~'~r,,,,,,
sj, "'r-:·~Co .. :;. "if t!to'',,. "v .. • ,, ,,,i:;.. .., ....,_. •r;:. Cl~ g I \1'--"; :a,: ~11\::: =c.: :;;o: ~-i.\ j ~c,•.t),~ .. CJ~ ... o···.~8L1C./~~ ,,1:ts,:.·•········~-{, ,~ '11,1 "' cou~ ,,,,, ,,,,,,. .. 11,,,,
(printed or typed name of Notary Public)
Notary Public
My commission expir~~ 11 20.'.l-I
3
Approved for the purposes ofN.C.G.S. 143B-279.11
1,;~~
~Ui,>E, l.Afll.Ub , Regional Supervisor (printed name of Regional Supervisor)
AWfV I Li£. Regional Office UST Section
Division of Waste Management
Department of Environmental Quality
NORTH CAROLINA R,,nc.ompe. COUNTY
(Name of county in which acknowledgment was taken)
I certify that th~ following pers?n(s) personally 8,peared before me this day, each acknowledging to me
that he or she signed the foregoing document: ro/,'oe L.r. ocJ (fullprinred name of Regional Superv;sor)
( Official Seal) (signature of N{)/ ~ublic)J
Lind.a.. J'. S,ll.wi "j
{printed or typed name of Notary PubJc)
Notary Public
My commission Expires: iliY\L<ll.(~ i, 2,025'
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