MO-28933_48135_G_C_20220801_Conditional No Further Action

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
Anne Johnstone
6726 Martha Melvin Road
Harrisburg, NC 28075
(via email)
Dear Ms. Johnstone:
NORTH CAROLINA
Environmental Quality
August 1, 2022
Re: Conditional No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Anne Johnstone Property
6726 Martha Melvin Road, Harrisburg
Cabarrus County
Incident Number: 48135
Risk Classification: Low
A review of information on file with the Underground Storage Tank (UST) Section, Division
of Waste Management, Mooresville Regional Office indicates that soil and groundwater contamination
meet the cleanup requirements for a low -risk release under Title 15A NCAC 2L .0202 and .0400, but
contamination exceeds the limits allowed for the unrestricted use of a site when closed under risk -
based cleanup standards.
The UST Section determines the subject incident to be eligible conditionally for no further
action status. However, final approval of no further action status is contingent on the filing of the
approved Notice of Residual Petroleum with the Register of Deeds in the county in which the release
is located, verified by the receipt of a certified copy of the filed NRP by this office (see attachment,
filed December 3, 2021); and receipt of confirmation that public notice requirements have been
completed, as described below.
Be advised that as soil contamination may exceed the residential MSCCs, the portion of the
property containing the soil contamination is suitable only for restricted residential use ("residential"
being inclusive of, but not limited to, private houses, apartment complexes, schools, nursing homes,
parks, recreation areas and day care centers), as stipulated in the Notice of Residual Petroleum
(attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind
shall not be installed or operated at the site.
,r -o- -Mooresville
D E 1 �
North Carolina Department of Environmental Quality I Division of Waste Management
Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC
NORTH CARouNn
Department of Environmental Dual
28115 [phone]

As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and
14313-279.11, you must file the approved map and declaration for a Notice of Residual Petroleum with
the Register of Deeds in the county in which the release is located and submit a certified copy to the
UST Section within 30 days of receipt of this letter (see attachment, filed December 3, 2021).
As soil contamination may exceed the lower of the residential or soil -to -groundwater MSCCs,
public notice in accordance with 15A NCAC 2L .0409(b) also is required. Within 30 days of receipt
of this letter, a copy of this letter must be provided by certified mail (or otherwise be made available
by posting in a prominent place if certified mail is impractical,) to the local health director, the chief
administrative officer of each political jurisdiction in which the contamination occurs, all property
owners and occupants within or contiguous to the area containing contamination, and all property
owners and occupants within or contiguous to the area where the contamination is expected to migrate.
Within 60 days of receiving this letter, this regional office must be provided with
correspondence documentation showing that each party included in the listing above either received or
affirmatively refused to accept delivery of the copy of the letter (signature required delivery acceptance
or documentation of refusal), and/or documentation describing the manner in which the letter was
publicly posted, where applicable. Interested parties may examine information on file for this site by
contacting this regional office and may submit comments about the site to the regional office at the
address or telephone number listed below.
This conditional No Further Action determination will not become valid until the UST
Section receives a certified copy of the Notice of Residual Petroleum which is filed with the
Register of Deeds and until public notice requirements are completed.
If you have any questions regarding this notice, please contact me by email at
Trudy.Beverlykncdenr.gov or by phone at [phone].
Sincerely,
� I'l'l &4-
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Chrystal Swinger, Cabarrus County Environmental Health (via email)
Robert Payne, Josiah Payne, & Damien Callaghan, Cedar Rock Environmental (via email)
Attachment: Notice of Residual Petroleum
Mooresville Regional Office 1610E Center Ave I Suite 3011 Mooresville, NC 28115 1 [phone]
D E Q North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC
NORTH CARouNn [phone]
Department of Environmental Dual 28115

15697 0168 FILED ELECTRONICALLY
CABARRUS COUNTY NC
Ium21-MZpan ZNwN]ZI
FILED Dec 03, 2021
AT 09:28:00 AM
BOOK 15697
START PAGE 0168
END PAGE 0173
INSTRUMENT # 50892
EXCISE TAX $0.00
NOTICE OF RESIDUAL PETROLEUM
Anne Johnstone Property 48135 Cabarrus County, North Carolina
(Site name) (Incident #)
Current property owner's Deed Book 9227 Pages 301-303
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 14313-279.11 and has/shall be recorded at the
Cabarrus Register of Deeds' office Book , Page
(name of county)
Source Property
Anne E. Johnstone of Harrisburg, North Carolina
(Owner's name) (city & state gfhomeowner)
is the owner in fee simple of all or a portion of the Site, which is located In the County of Cabarrus ,
State of North Carolina, and is known and legally described as:
See Attachment A (excerpted from Cabarrus County Register of Deeds Book 9227
Page 303).
Revised February 5, 2019
Page 1 of 4
submitted electronically by "Cedar Rock Environmental, P.C."
in compliance with North Carolina statutes governing recordable documents
and the terms of the Memorandum of understanding with
the office of the Register of Deeds of Cabarrus county. NCGS 47-14(al)(5).

15697 0169
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 Cabarrus 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 in
the area identified in Figure 1, Attachment B. No soil shall be excavated or disturbed within 3
feet of the area identified in Figure 1, Attachment B 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 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.
Revised February 5, 2019
Page 2 of 4

15697 0170
IN WITNESS WHEREOF, Anne E. Johnstone has caused this Notice to be executed pursuant
to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this I" day of December , 2021.
Anne E. Johnstone
name of responsible party if agent is signing)
By:
alz�<x--
(signature of responsible party, attorney or other agent if there is one)
President, Cedar Rock Environmental, P. C.
(Title of agent for responsible party if there is one)
Signatory's name typed or printed: Robert A. Payne
NORTH CAROLINA
ke,Me,,Ai-e— COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document: Robert A. Payne
Date: Dec-em6,r I, Zo21
(Official Seal)
[Aiamamn
OSIAH D. PAYNE
Notary Public
ce Co., North Carolina
Comission Expires Oct. 22, 2025
( ature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission expires:, 2Z zo-2,
Revised February 5, 2019
Page 3 of 4

15697 0171
Approved for the purposes of N.C.G.S. 14313-279.11
(signature of Regional Supervisor)
Regional Supervisor
(printed name of Regional Supervisor)
f" "q I- -e-,i6// Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
I,.le,Le- COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she signed the foregoing document: M e r-(e �. Foc 'rr (full printed name of Regional Supervisor)
Date: Vll e-m 6�.5' I ZcJ2
(Official Seal) (signature of Notary Publi
JOSIAH D. PAYNE
Notary/ Public(printed or typed name of Notary Public)
Alamance Co., North Carolina Notary Public
My Commission Expires Oct. 22, 2025
My commission expires: & zz. zr)-zt
Revised February 5, 2019
Page 4 of 4

15697 0172
ATTACHMENT A
Lots 28-31 and a portion of Lot 32
Block E
Charles E. Johnston Homeplace Subdivision
Tract I:
Being known and designated as all of Lots 28, 29, 30, and 31 in Block E of the subdivision known
as Charles E. Johnson Homeplace Subdivision, as same is shown on a map thereof recorded in
Map Book 2 at page 66 in the Cabarrus Public Registry; reference to which is made for a more
particular description.
Tract II:
Lying and being in Number One (1) Township, Cabarrus County, North Carolina, and being ten
(10) feet of Lot Number 32 of the Subdivision of the Homeplace of Charles E. Johnston, as
recorded in Map Book 2, Page 66, Cabarrus County Registry, and being located on the West side
of Hickory Ridge Road, and being more particularly described as follows:
BEGINNING at an iron in the western edge of the right-of-way for Hickory Ridge Road, front
common corner of Lots Numbers 31 and 32 of the Subdivision of the Homeplace of Charles E.
Johnston, and runs thence with the western edge of the right-of-way for Hickory Ridge Road, S.
2-24-07 E. 10 feet to an iron, a new corner; thence a new line through Lot Number 32, S. 88-03-
38 W. (through an iron at 158.00 feet) for a total distance of 199.94 feet to an iron, a new corner;
thence with the back line of Lot Number 32, N. 2-27-46 W. 10.0 feet to an iron, back common
corner of Lots Numbers 31 and 32; thencelwith the common dividing line between Lots Numbers
31 and 32, N. 88-03-38 E. 199.94 feet to an' iron in the western edge of the right-of-way for Hickory
Ridge Road, the front common corner of Lots Numbers 31 and 32 and being the point of
BEGINNING, as surveyed and platted by James T. West, R.L.S., on July 14, 1992.
NOTE:
The perpetual land use restrictions described in this Notice of Residual Petroleum only
apply to a portion of the above described property. A portion of the above described
property has been sold and is no longer part of the property wherein these land use
restrictions apply'. The property described in Deed Book 14729, Page 64 and as Lot #1 of
the exemption plat entitled "0.966 acre -Martha Melvin Road" recorded in Map Book 86 at
Page 21 in the Cabarrus County Public Registry (parcel #55077561970000) is not affected
by this Notice. This Notice only applies to Lot #2 (parcel #55077560960000) as shown on
said exemption plat.

15697 0173
1'.
ATTACHMENT B
N NOTE:
This map may not be a certified survey
and has not been reviewed by a local
government agency for compliance with
any applicable land development regulations
and has not been reviewed for compliance
with recording requirements for plats.
Hazem Idlibi
Property
Surrindranath
Roop Property
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House
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HPA Borrower
2017-1 LLC
Property
I William Passmore
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RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
0 20 40 80 — - Property Lines
1 Inch = 40 Feet ____; T1 = 500-Gallon UST
PROJECT: Anne Johnstone Property CEDAR ROCK
INCIDENT # 48135 ENVIRONMENTAL, P.C.
LOCATION: 6726 Martha Melvin Road FIGURE
Harrisburg, Cabarrus Co. FILENAME: 3142NoRP.fc7
CRE PROJECT NUMBER: 314222590 VERSION DATE: 11/30/21

Beverly, Trudy
From: Beverly, Trudy
Sent: Monday, August 1, 2022 11:09 AM
To: Anne Johnstone
Cc: Robert Payne; Josiah Payne; Damien Callaghan; Chrystal Swinger; Downs, Michael K
Subject: Anne Johnstone Property - UST Incident #48135 — Conditional No Further Action
Attachments: MO-28933_48135_G_C_20220801_Conditional No Further Action.pdf
Please see the attached Conditional No Further Action letter for Anne Johnstone Property located at 6726 Martha
Melvin Road, Harrisburg, Cabarrus County, North Carolina (UST Incident #48135).
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
_ North Carolina Department of Environmental Quality
rawer Duaft. UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.Beverly(ancdenr. og_v
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: https://deq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://dea.nc. gov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans
File Review Procedures:
htips: //deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
fts://deq.nc.gov/about/divisions/Waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.gov/ncdegfWaste%2OManagement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.pdf
https:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file°/a20natnes°/`20for%2OLaserfiche.docx