MO-9514_40951_G_C_20191030_Notice of Residual Petroleum Discussion & Well Abandonment Email Discussions

Beverly, Trudy
From: Beverly, Trudy
Sent: Thursday, October 31, 2019 8:36 AM
To: Bob Payne; Taraban, Ron
Subject: RE: [External] RE: DCW Real Estate Mint Hill Property - Incident #40951 -
Cabarrus County
Is there a portion of the parcel greater than 150' away from the contaminated area that they could drill a new
irrigation well?
Trudy
From: Bob Payne [mailto:[e-mail]]
Sent: Thursday, October 31, 2019 7:58 AM
To: Beverly, Trudy <[e-mail]>
Subject: [External] RE: DCW Real Estate Mint Hill Property - Incident #40951 - CabarrusCounty
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]
Good morning Trudy. The property owners are adamant about wanting to keep using the well for irrigation
purposes only which is why they are not pursuing an NFA letter. If I use this language you suggested then they
would not be able to use the well. Any suggestions?
Robert A. Payne, L. G.
(cell) 336-684-2734
Cedar ]c:
EhlV1R0f M r.NTAL
Jeremiah 9:23-24
From: Beverly, Trudy
Sent: Thursday, October 31, 2019 7:47 AM
To: Taraban, Ron; Josiah Payne; Robert Payne
Subject: DCW Real Estate Mint Hill Property - Incident #40951- CabarrusCounty
Ron, Bob, & Josiah,
The groundwater restriction language for groundwater restriction for this site does not match the approved
language in the template. The template language is as follows:
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.
Make this change and resubmit a pdf draft of the notice of residual petroleum for my review.

The draft notice of residual petroleum for the DCW Real Estate Mint Hill Property will need to be signed by Bob
and notarized prior to Ron's review and signature.
DCW Real Estate Mint Hill Property
1498 Oakwood Avenue, Kannapolis
Cabarrus County
Incident #40951
UST Number MO-9514
Trudy
0
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
[e-mail]
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://deg.nc.goy/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deg.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httt)s://dea.nc.eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-maps
File Review Procedures:
https://deg.nc.goy/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://edocs.dea.nc.eov/WasteManaeement/Search.asr)x
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.gov/ncdeg/Waste%20Management/DW M/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf
https:Hfiles.ne. eov/nedeq/Waste%2OManagement/DWM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx
From: Josiah Payne [mailto:[e-mail]]
Sent: Wednesday, October 30, 2019 4:15 PM
To: Taraban, Ron <[e-mail]>; Beverly, Trudy <[e-mail]>; Graham, Dan
<[e-mail]>
Cc: Robert Payne <[e-mail]>
Subject: [External] NRPs
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]
Hello Ron, Trudy & Dan,
I have attached three NRPs we would like to get signed tomorrow if y'all would take a look at them. I'm
not sure who is responsible for which counties, so I included all of you in the email. The NRPs are for
Rowan, Mecklenburg and Cabarrus counties. The NRPs will be notarized by us by the time we come by
your office tomorrow. Please let me know if you have any questions.

The Cabarrus NRP has modified land use restriction for groundwater to allow the use of an irrigation
well, so please take special note of that.
Josiah Payne
Cedar Rack
ENVIRONMENTAL

NOTICE OF RESIDUAL PETROLEUM
DCW Real Estate Mint Hill Property 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 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-279.11 and has/shall be recorded at the
Cabarrus Register of Deeds' office Book , Page
(name of county)
Any map or plat required by DEQ has been/shall be recorded at the
Register of
(name of county)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Source Property
DCW Real Estate — Mint Hill, LLC of Concord, North Carolina
(Owner's name) (city & state of homeowner)
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 13375,
Page 340).
Return to:
Cedar Rock Environmental, P. C. Revised January 15, 2013
107 Pioneer Trail Page 1 of 4
Graham, NC 27253

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 I 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 (excluding the existing supply
well located on Figure 1, Attachment B which is used for irrigation purposes only).
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 January 15, 2013
Page 2 of 4

IN WITNESS WHEREOF, DCW Real Estate — Mint Hill, LLC has caused this Notice to be
executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 30' day of October ,
2019.
DCW Real Estate — Mint Hill, LLC
(name of responsible party if agent is signing)
(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
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:
(Official Seal)
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission expires:
Revised January 15, 2013
Page 3 of 4

Approved for the purposes of N.C.G.S. 14313-279.11
(signature of Regional Supervisor)
, Regional Supervisor
(printed name of Regional Supervisor)
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
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: (fullprinted name ofRegional supervisor)
Date:
(Official Seal)
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission expires:
Revised January 15, 2013
Page 4 of 4

ATTACHMENT A
FIRST TRACT: Lying and being in Number 4 Township, Cabarrus County, North Carolina,
and being Lot No. 11 in Block "A" of the subdivision of the property of A.C. Grant, as
surveyed and platted by Brown Engineering Company on the 8th day of May, 1953, a copy
of which map is filed in the office of the Register of Deeds for Cabarrus County, North
Carolina, in Map Book No. 10 at Page 16, and to which map reference is hereby made fora
complete description as to metes and bounds. SECOND TRACT: Lying and being in No. 4
Township, Cabarrus County, North Carolina, on the west side of Oakwood Avenue, and
being a part of Lot No. 12 in Block "A" of a subdivision of A.C. Grant, a map of which is on
file in the office of the Register of Deeds for Cabarrus County, North Carolina, in Map Book
No. 10 at Page 16, and adjoining the property of Richard A. Waggoner, Lloyd R. Haneline,
and others, and is bounded as follows: BEGINNING at an iron stake in the west edge of
Oakwood Avenue, a corner of Lots Nos. 11 and 12, and runs thence with the dividing line of
Lots Nos. 11 and 12 North 76-04 West 159.2 feet to a stake, a corner of Lots Nos. 11, 12, 2
and 3; thence with the dividing line of Lots Nos. 3 and 12, North 13-56 East 25.0 feet to a
stake in said line; thence a new line through Lot No. 12 South 76-04 East 159.4 feet to a stake
in the west edge of Oakwood Avenue; thence with the west edge of Oakwood Avenue South
14-21 West 25.0 feet to the Beginning. Tax ID: 56120797580000
Parcel ID: 56120797580000
Address: 1498 OAKWOOD AVE, KANNAPOLIS, NC 28081
The property hereinabove described was acquired by the Grantor by instrument recorded in Book
13256, Page 0336, Cabarrus County Public Register of Deeds.

ATTACHMENT B
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.
Donald Southard
Property Jack Bost
- Property
' Supply Well
Daron Buckwell Jr T1
Property ' ,
House Q)
a
3
/ O
Shelwyn /
Klutz
Property
0 20 40 80
iiiii
1 Inch = 40 Feet
PROJECT: DCW Real Estate Mint Hill LLC Property
INCIDENT # Pending
LOCATION: 1498 Oakwood Ave
Kannapolis, Cabarrus Co.
CRE PROJECT NUMBER: 281122590
Sunset Drive
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
— - — : Property Lines
CEDAR ROCK
ENVIRONMENTAL, P.0
FILENAME: 2811 NoRP.fc7
VERSION DATE: 10/29/19
T1 = 550-Gallon UST
FIGURE 1