MO-9450_40889_G_C_20190415_Conditional No Further Action Letter

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
April 15, 2019
Danielle A. Perugini
201 Scalybark Trail
Concord, NC 28027
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Perugini Property
157 North Union Street, Concord
Cabarrus County
Incident Number: 40889
Risk Classification: Low
Dear Ms. Perugini:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste
Management, Mooresville Regional Office indicates that soil contamination meets the cleanup requirements for a
low -risk release under Title 15A NCAC 2L .0400, but contamination exceeds the limits allowed for the unrestricted
use of a site where 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 (or NRP, see attached) 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; 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 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.
NORTHCAROUNAD_E Q�I
DapRbnant of Environmental Duallry
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and 14313-279.11,
you must file the approved plat and declaration for a Notice of Residual Petroleum (attached) 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.
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 documentation showing
that each party included in the listing above either received or affirmatively refused to accept delivery of the copy of
the letter, 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 at Trudy.Beverly&ncdenr. _ og_v
or [phone].
Sincerely,
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Notice of Residual Petroleum (Ben Robinson pickup at MRO 4/10/2019)
cc: Mike Downs, Cabarrus County Manager (via email)
David Troutman, Cabarrus County Health Department (via email)
Brandon Moore & Ben Robinson (NORP pickup at MRO), Paragon Environmental (via email)
NQRTHCARQUNAD_E Q��
DBparb—d o/ EnvkW—MI Dual
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

NOTICE OF RESIDUAL PETROLEUM
Peru ing i Property 157 N. Union Street Concord NC Incident # 40889
Cabarrus County, North Carolina
Current Property Owners Deed Book # 9485 Page # 0257
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
14313-279.9 and 14313-279.11. 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 143113-279.9 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 14313-279.9 and 143B-279.11 and has/shall be recorded at the Cabarrus County Register
of Deeds' office Book , Page
Any map or plat required by DEQ has been/shall be recorded at the Cabarrus County Register of Deeds'
office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Danielle A. Perugini of Concord, North Carolina 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:
BEGINNING at an iron rod on the Southwest side of Union Street, North, an old corner of
James S. Newell (Deed Book 757, Page 86)(said Beginning point being South 40-01-00 West
130.18 feet from an existing iron pipe, and also South 24-33-42 East 156.36 feet from a p.k.
nail near the centerline of the intersection of Union Street, North and Marsh Avenue, NW)
and runs thence with the Southwest side of Union Street South 36-31-28 East 78.08 feet to an
existing iron rod, corner of Jerry M. McGee (Deed Book 800, Page 152); thence with the line
of McGee South 53-06-00 West 260.93 feet to an existing pipe in the line of McGee, a rear
corner of Don K. Link (Book 910, Page 327); thence with the line of Link North 37-13-25
West 69.99 feet to a pipe in the line of Link; rear corner of Charles B. Sloop (Deed Book 258,
281 and Deed Book 468, Page 33); thence with the line of Sloop and Newell North 51-19-50
East 261.96 feet to the point of BEGINNING, containing 0.4442 acre, more or less, as
surveyed and platted by Richard A. Brandon, R.L.S., February 15, 1999.

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 Deeds receives and records the written concurrence of
the Secretary (or his/her delegate) of DEQ (or its successor in function).
PERPETUAL LAND USE RESTRICTIONS
[Restrictions apply to activities on, over, or under the land]
Soil: Soil containing residual petroleum above applicable regulatory standard(s) remains on the site in
the area identified in Figure 1, Attachment A. No soil shall be excavated or disturbed within 3 feet
of the area identified in Figure 1, Attachment A 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.
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
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, Danielle A. Perugini has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11, this /6" day of , 2019.
By:
Signatory's name typed or printed: Danielle A. Perugini
ORTH CAROLINA
wan COUNTY
I certify that the following person(s) p,rsona ly a prred before me this day, each acknowledging to me that he or
she signed the foregoing document: ery i
Date: f1' 2DI
L/
(Official Seal) si ature of Notary Public)
Benjamin W Robinson
Notary Public
Rowan County
North Carolina
�CYtcGmi�1 �Y`o%it1SoY1
(printed or typed name of Notary Public)
Notary Public
My commission expires i_ _2 , 202S.

fovedfor theurp�oses of C.G.S. 143B-279.11
ture of Regional Supervisor)
Ronald H. Taraban, Ph.D.
Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environment and Natural Resources
NORTH CAROLINA
�PA COUNTY
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:
Ronald H. Taraban, Ph.D. (full printed name of Regional Supervisor)
Date: d
(Official Seal)my
as OT �9
S erf r R. Black
ary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2019

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