MO-9458_40898_G_C_20190508_Conditional No Further Action Letter

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
May 8, 2019
Andrew B. Highsmith
82 Eastcliff Drive SE
Concord, NC 28025
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Highsmith Residence
82 Eastcliff Drive SE, Concord
Cabarrus County
Incident Number: 40898
Risk Classification: Low
Dear Mr. Highsmith:
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.
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

As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and
143B-279.11, you must file the approved plat 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.
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,
aA. &Vaj�'
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Notice of Residual Petroleum (Original picked up in person by Brandon Moore)
cc: David Troutman, Cabarrus County Health Department (via email)
Mike Downs, Cabarrus County Manager (via email)
Brandon Moore, Paragon Environmental Consultants, Inc. (via email)
p D FM Q�
G� mnpl �Nry�
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
Highsmith Residence 82 Eastcliff Drive SE Concord, NC Incident # Pending_
Cabarrus County, North Carolina
Current Property Owners Deed Book # 7602 Page # 0150
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 14313-279.9 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 143 B-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.
Andrew B. Highsmith 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:
Lying and being in Ward Number Three (3) of the City of Concord, Number Twelve (12) Township of
Cabarrus County, North Carolina in the Southeastern corner of the intersection of Eastcliff Drive,
Southeast, and Ideal Way, and Being all of Lot Numbers 5, 6, and 7, and part of Lot Number 4 in Block
"B" of Crestwood Heights, as surveyed and platted, a copy of which is filed in the Office of the Register
of Deeds for Cabarrus County in Map Book 7, Page 43, and being more fully described as follows:
Beginning at an iron stake in the southeastern corner of the intersection of Eastcliff Drive and Ideal
Way, and runs thence with the East side of Ideal Way South 30-00 East 150.00 feet to an iron stake,
corner of Lot Numbers 7 and 8 (BA Earnhardt, Deed Book 270, Page 207); thence with the line of Lot
Number 8 (BA Earnhardt) North 60-00 East 87.50 feet to an old stake in the line of Earnhardt, rear
corner of Martha Hope (deed book 207, Page 260); thence with the line of Hope, and a line of Hope,
and line through Lot 4, North 30-00 West 150.00 feet to an iron stake on the South side of Eastcliff
Drive, front corner of hope; thence with the South side of Eastcliff Drive, South 60-00 West 87.5 feet
to the point of Beginning, as surveyed and platted by J. Lawrence Blackley, RLS, December 14, 1988;
Subject to the Rights of Way for Eastcliff Drive and Ideal Way.

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], 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.
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
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, Andrew B. Highsmith has caused this Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day ofAl
2019.
By:
Signatory's name typed or printed: Andrew B. Highsmith
NV?ffH CAROLINA
CQb IrroS COUNTY
I certify that the following person(s) perJim
o ally
she signed the foregoing document: i w
Date: A prd 27 W'g
(Official Seal)
Benjamin W Robinson
Notary Public
Rowan County
North Carolina
me this day, each acknowledging to me that he or
of Notary Public)
��i�(QV►b✓1 W • �0�►nSQ✓1
(printed or typed name of Notary Public)
Notary Public
My commission expires , 20.23.

Approved for the purposes of N.C.G.S. 143B-279.11.
Ronald H. Taraban, Ph.D., Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environmental Quality
NLQ$T:I C ROLINA
COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person(s) ersonal�v appeared before me this day, each acknowledging to me that he or
she signed the foregoing document: L04 N _ f 0AgLDM (full printed name of Regional Supervisor)
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Date: ct
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(Official Seal) 0 Yk NOT e'�y(signature of Notary Public)
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Notary Public
UNTY !..���'`
My commission e fires , 20A

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Beverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, May 8, 2019 9:01 AM
To: Brandon Moore; David Troutman; Mike Downs
Subject: Highsmith Residence- Incident #40898 - Conditional NFA Letter
Attachments: MO-9458_40898_G_C_20190508_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action Letter for Highsmith Residence located at 82 Eastcliff Drive SE,
Concord, Cabarrus County, NC.
Trudy
Ile DE
NORhI CAROLINA
D"FhrKwd of Environmental Quality
TI i*, L .
T#�Not &MMOnnummqP�
NI' IE
varsenoa mores Rqond aeie
C" 23S-2l82 (on*
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: h!Ws:Hdeq.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:
https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment- ig s maps
File Review Procedures:
hiips:Hdeq. nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hiips:Hedocs.deq.nc.gov/WasteManagement/Search.aspx
Document Submittal & UST File Names for Laserfiche Policies:
httDs:Hfiles.nc. eov/ncdea/Waste%2OMana2ement/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMe
mo%20Update.pdf
httDs:Hfiles.nc. eov/ncdea/Waste%2OManaeement/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.d
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