MO-9318_40776_G_C_20190508_Conditional No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Scott Needham on behalf of
Joyce Needham (via email)
Dear Mr. Needham:
NORTH CAROLINA
Environmental Quality
May 8, 2019
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Needham Residence - Joyce
1830 Old Concord -Salisbury Rd, Concord
Cabarrus County
Incident Number: 40776
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 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 area 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 Contaminated Site.
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 with the
Q�
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

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(a,ncdenr.gov
or [phone].
Sincerely,
all 'A.13tvad�r
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Notice of Residual Petroleum (Original mailed to Kate Banwell, 23 Rollingwood
Drive SE, Concord NC 28025)
cc: David Troutman, Cabarrus County Health Department (via email)
Mike Downs, Cabarrus County Manager (via email)
Maryse Speckner, PM Environmental, Inc. (via email)
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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

NOTICE OF RESIDUAL PETROLEUM
Joyce Needham Residence — 3.010 AC — Did Salisbury - Concord Rd Cabarrus County, North Carolina
(site name)
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 Environment 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 Environment 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-279.11 and has/shall be recorded at the Cabarrus Register of Deeds' office
Book , Page
Any map or plat required by DEQ has been/shall be recorded at the Cabarrus Register of
(name ofcount�)
Deeds' office Book Page , and has been/shall be incorporated into the Notice by this
reference.
Source Property
Ms. Joyce Needham of Concord, North Carolina is the owner in fee simple of all or a portion of
(owner's name) (city & state of homeowner)
the Site, which is located in the County of Cabarrus, State of North Carolina, and is known and legally
described as:
Revised February 7, 2019

See attached Exhibit A for recorded plat map for Legal Description.
Cabarrus County Parcel Information Number 56319913810000
Property Real ID Number 05-016-0019.10
Legal Description: E/S Old Salisbury Concord Rd
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 A. No soil shall be excavated or disturbed within 3
feet of the area identified in Figure 1, Exhibit B except to remediate the soil in accordance with
all applicable state and federal statutes, regulations and guidelines.
Groundwater: Groundwater sources within 150 feet of the site are prohibited from use as a water
supply. Water supply wells of any kind shall not be installed or operated on the site
within 150 feet of the area of contamination.
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, Joyce Needham has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11, this day of t , 20fl.
By: C6 NU
(signature lvre4tonsible party, attorney or other agent if there is one)
(tittle of agent for responsible party if there is one)
Signatory's name typed or printed: / `'� AV tom' `)&A Y-"%
Revised February 7, 2019
2

NORTH CAROLINA
Jr Q(J b- U— 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: '—J-6 =f C. C-- N(e 2 CP LA C{ ryl
Date: Av-► l0 c d 1
(Official Seal)
expires: oaa�
for the purposes of N.)
\ V (1A OI
nature of Regional SupenisaJ
o \' .NX �V- a�w�
(printed name of Regional Supervisor)
G.S. 14313-279.11
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
Regional Supervisor
NORTH CAROLINA
ell COUNTY
(Name of county in which acknowledgment was taken)
6
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission
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: 4 14, 1 as f.1.l4Y,LY 1 (full printed name of Regional Supervisor)
Date: CC '
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(Official Seal) �p`5�SalAN R ''(s ture of Notary Puck)
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My commission
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Revised February 7, 2019

EXHIBIT A

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Beverly, Trudy
From: Maryse Speckner <[e-mail]>
Sent: Wednesday, May 8, 2019 11:51 AM
To: Beverly, Trudy
Subject: RE: [External] RE: Needham Residence - Joyce - Incident #40776 — Conditional NFA
Letter
• I email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
ort.s am nc. ov
Thanks Trudy.
/�lawyse
Maryse D. Speckner I Senior Project Consultant
PM ENVIRONMENTAL, INC
p:865-329-7191 1 f:877-884-6775 1 c:865-323-1587 1 [e-mail]
From: Beverly, Trudy <[e-mail]>
Sent: Wednesday, May 8, 2019 11:37 AM
To: Scott Needham <[e-mail]>
Cc: Maryse Speckner <[e-mail]>; Kate Banwell <[e-mail]>; Mike Downs
<[e-mail]>; David Troutman <[e-mail]>
Subject: RE: [External] RE: Needham Residence - Joyce - Incident #40776 — Conditional NFA Letter
Great catch Maryse. The site name has been revised on the Conditional NFA letter (see attached).
Trudy
DE
NORTH CARpLINA i
Department at Environmenlal Duality
Tr 11C Lam.
LIST Seek% l Offim
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:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hLps://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
hitps://deg.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg merit- ig's-maps
File Review Procedures:

https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https:Hedocs.deq.nc.gov/\VasteManaizement/Search.asp
Document Submittal & UST File Names for Laserfiche Policies:
https:Hfiles.nc. gov/ncdeq/Waste%20Mana,gementIDWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMe
mo%20Update.pdf
https:Hfiles.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.d
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From: Maryse Speckner [mailto:[e-mail]]
Sent: Wednesday, May 8, 2019 11:15 AM
To: Beverly, Trudy <[e-mail]>
Subject: [External] RE: Needham Residence - Joyce - Incident #40776 — Conditional NFA Letter
• External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
00000&m nc. ov
Hi Trudy,
I believe there is an error on the first page.
Shouldn't it be Needham Residence?
— /1a,-*se
Maryse D. Speckner I Senior Project Consultant
PM ENVIRONMENTAL, INC
p: 865-329-71911 f:877-884-6775 1 c:865-323-1587 1 [e-mail]
From: Beverly, Trudy <[e-mail]>
Sent: Wednesday, May 8, 2019 11:13 AM
To: Scott Needham <[e-mail]>
Cc: Maryse Speckner <[e-mail]>; Kate Banwell <[e-mail]>; Mike Downs
<[e-mail]>; David Troutman<[e-mail]>
Subject: Needham Residence - Joyce - Incident #40776 — Conditional NFA Letter
Scott,
Please see the attached Conditional No Further Action Letter for Needham Residence —Joyce located at 1830 Old
Salisbury -Concord Rd, Concord, Cabarrus County, NC. The original Notice of Residual Petroleum is being mailed to Kate
Banwell (PM Environmental) to file with the Cabarrus County Register of Deeds.
Have a wonderful day,
Trudy
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Finail cons spondence 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:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deu.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-izis-mans
File Review Procedures:
https://deq.nc.,gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-reaional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://edocs.dea.nc. izov/WasteManauement/Search. asnx
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%20Action/Electronic%20Document%20Submittal%20Me
mo%20Update.pdf
https:Hfiles.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%20Action/UST%20file%20names%20for%20Laserfiche.d
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