MO-9514_40951_G_C_20191104_Conditional No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
DCW Real Estate Mint Hill LLC
Attn: Andrew Drucker
6012 Bayfield Parkway, Suite 187
Concord, NC 28027
Dear Mr. Drucker:
NORTH CAROLINA
Environmental Quality
November 4, 2019
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
DCW Real Estate Mint Hill LLC Property
1498 Oakwood Avenue, Kannapolis
Cabarrus County
Incident Number: 40951
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 Residual Petroleum. Groundwater from the site is
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

prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated on
the site.
As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and
14313-279.11 and groundwater was not sampled, 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 [e-mail]
or [phone].
Sincerely,
6
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosure: Notice of Residual Petroleum (original picked up in person by Josiah Payne, Cedar Rock
Environmental)
cc: David Troutman, Cabarrus County Health Department (via email)
Mike Downs, Cabarrus County Manager (via email)
Robert Payne, Josiah Payne, and Damien Callaghan, Cedar Rock Environmental (via email)
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

DCW Real Estate Mint Hi11.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 standards) 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 parry 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 4`h day of November ,
2019.
DCW Real Estate— Mint Hill LLC
(name of responsible party if agent is signing)
By:
(signature ofresponsibleparty, attorney r 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
.41 M,,Ce, 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
(Official Seal)
JOSIAH D PAYNE
NOTARY PUBLIC
ALAMANCE COUNTY, N.C.
My Commission Expires 10-22-2020.
signature of -Notary Public)
printed or typed name of NotaryPublic)
Notary Public
My commission expires: 2, Z1720
Revised January 15, 2013
Page 3 of 4

Approved for the purposes of N.C.G.S. 143B-279.11
(Signature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
�e ( COUNTY
I certify that the following person personally appeared before me this day, each
Acknowledging to that he signed the foregoing document:
Ronald H. Taraban (full printed name of Regional Svpenvisor)
Date AM
(official Seal)
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024

1 1 1
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 $th day of May, 1953, a copy
of which map, is riled 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 7&04 West 159.2 feet to a stake, a comer of Lots Nos. 11, 12, 2
and 3; thence with the dividing line of Lots Nos. 3 and 12, North 13-6 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, KA.NNAPOLIS, 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.

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.
Donald Southard
Property Jack Bost
Property
Daron Buckwell Jr T1
Property � ,
.House �
1 Q.
a
30
i
O�
Shelwyn
Klutz
Property
Sunset Drive
0 20 40 80
1 Inch = 40 Feet
PROJECT: DCW Real Estate Mint Hill LLC Property
INCIDENT # Pending
LOCATION: 1498 Oakwood Ave.
Kannapolis Cabarrus Co.
CRE PROJECT NUMBER: 281122690
W
r
.0 A
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
Property Lines
T1 = 550-Gallon UST
-I 1 1
FILENAME: 2811 NoRP.fc7
VERSION DATE: 10/29/19

Beverly, Trudy
From:
Beverly, Trudy
Sent:
Monday, November 4, 2019 11:53 AM
To:
Bob Payne; Josiah Payne; Damien Callaghan; Mike Downs; David Troutman
Cc:
Taraban, Ron
Subject:
DCW Real Estate Mint Hill Property - Incident #40951 — Conditional No Further
Action
Attachments:
MO-9514_40951_G_C_20191104_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action letter for DCW Real Estate Mint Hill Property located at
1498 Oakwood Avenue, Kannapolis, Cabarrus County, North Carolina (Incident #40951).
Trudy
�ETrudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. B everlygncdenn gov
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: httos://deg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: h_ptt s:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://dea.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans
File Review Procedures:
htips:Hdeq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
httos://edocs. dea.nc. eov/WasteManauement/Search.asox
Document Submittal & UST File Names for Laserfiche Policies:
https://fi les.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf
httos:Hfiles.nc. gov/ncdeq/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx