MO-9539_40971_G_C_20200113_Draft Notice of Residual Petroleum for UST Review

NOTICE OF RESIDUAL PETROLEUM
Norma Burton Property _ Mecklenburg 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
Mecklenbu T Register of Deeds' office Book , Page
(name of county)
Any map or plat required by DEQ has been/shall be recorded at the __Mecklenburg Register of
(name ofconnty)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference
Source Property
Norma S. Burton c/o Jeanne Gaffney. POA of Charlotte. 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 Mecklenburg ,
State of North Carolina, and is known and legally described as:
Being Lot 67 of ROBINSON WOODS as shown on map thereof which is recorded in Map
Book 11, on page 157, in the Mecklenburg Public Registry.
Being the same lot conveyed to the party of the first part by S and T Development Company
by deed recorded in Book 2507, on page 422, in the Mecklenburg Public Registry, to which reference is
hereby made. (Excerpted from Mecklenburg County Register of Deeds Book 2544, Page 58).
Return to: Page 1 of 4 Revised January 15, 2013
Cedar Rock Environmental, P. C.
107 Pioneer Trail
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 Mecklenburg 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 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 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, Norma S. Burton c/o Jeanne Gaffney, POA_ has caused this Notice
to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 13th day of January,
2020.
Norma S. Burton c/o Jeanne Gaffney, POA
09��M
if agent is signing)
By.-
ofresponsible party, at rite►• or other agent ifthere is one)
President Cedar Rock Environmental P. C.
(Title of agent for responsible parry if there is one)
Signatory's name typed or printed: Robert A. Payne
NORTH CAROLINA
A(r.r.c•nu 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:an�.Pnl 13, Z�->Zt-
(Official Seal)
SOSIAH D PAYNE
NOTARY PUBLIC
ALAMANCE COUNTY, N.C.
My Cgmmissian Eatpirea 10-22-2020.
�2� 0- Z;q,= -
nature of Notary Public) 100,
[a k V . "Ili
printed or typed name ofNotar Public)
Notary Public
My commission expires: L -Lo"
Revised January 15, 2013
Page 3 of 4

Approved for the purposes of N.C.G.S. 14313-279.11
(signature ofRegional Supervisor)
Regional Supervisor
(printed name ofRegional 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: _ (full printed name ofRegional Supervisor)
Date:
(Official Seal)
(signature ofNotary Public)
printed or typed name ofNotary Public)
Notary Public
My commission expires:
Revised January 15, 2013
Page 4 of 4

N
W
0
ATTACHMENT A
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.
1
►
Keith Emery -
Keith Property _
Craig Baldauf
Property
,1 Ronald Krisko
Property
House
►
Michael Allison
Property
T1�
► Douglas Ellison
Property
0 20 40 80
1 Inch = 40 Feet
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
Property Lines
T1 = 540-Gallon UST
PROJECT: Norma Burton Property CEDAR ROCK
INCIDENT #40 ct-ENVIRONMENTAL, P.C.
LOCATION: 431 Canyon Trail FIGURE
Charlotte Mecklenburg Co. FILENAME: 2837NoRP.fc7
CRE PROJECT NUMBER: 283722590 VERSION DATE: 112/20

Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, January 14, 2020 9:41 AM
To: Robert Payne
Subject: RE: [External] NRPs - George Linville Property (Incident #40972) & Norma
Burton Property (Incident #40971)
Do you want me to see if Carin Kromm in Winston is available to sign them?
Trudy
From: Robert Payne [mailto:[e-mail]]
Sent: Tuesday, January 14, 2020 9:28 AM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] NRPs - George Linville Property (Incident #40972) & Norma Burton Property (Incident
#40971)
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
Ktachment to [e-mail]
Thanks for the update Trudy. My clients were going to close tomorrow. I will tell them they will have to
postpone closing.
Robert A. Payne, L. G.
Cedar Rock Environmental, P. C.
(mobile) 336-684-2734
On Jan 14, 2020, at 8:57 AM, Beverly, Trudy <trudy.beverlykncdenr.gov> wrote:
Good Morning Bob & Josiah,
Ron is out sick again today. I'll sent you an update tomorrow morning on his status.
Trudy
From: Beverly, Trudy
Sent: Monday, January 13, 2020 2:13 PM
To: Josiah Payne <[e-mail]>
Cc: Robert Payne <[e-mail]>; Taraban, Ron <[e-mail]>
Subject: RE: [External] NRPs - George Linville Property (Incident #40972) & Norma Burton
Property (Incident #40971)
The NRPs look good. Thank you for sending the signed and stamped inspection reports. I'll
email you tomorrow as soon as I know if Ron will be in the office or not.
Trudy

From: Josiah Payne [mailto:[e-mail]]
Sent: Monday, January 13, 2020 2:06 PM
To: Beverly, Trudy <[e-mail]>
Cc: Robert Payne <[e-mail]>; Taraban, Ron <[e-mail]>
Subject: Re: [External] NRPs - George Linville Property (Incident #40972) & Norma Burton
Property (Incident #40971)
External email. Do not click links or open attachments unless you verify. Send all suspicious
email as an attachment to [e-mail]
Trudy,
I have attached the signed NRPs and added the word Mecklenburg in the specified blank
as per your request. I have also attached a copy of our inspection report for each of these
sites which states that no wells were observed within 150 feet of the release and that both
sites should be classified as Low Risk. The reports are both signed and stamped by a
licensed geologist.
Josiah Payne
Cedar Rack
ENVIRONMENTAL
On Mon, Jan 13, 2020 at 1:40 PM Beverly, Trudy <trudy.beverlykncdenr.gov> wrote:
Good Afternoon Josiah & Bob,
Ron is out sick today. I do not know if he will be in the office tomorrow. The NRPs need to
have Mecklenburg added in the following section and be signed by Bob or the RP/Property
owner before UST review.
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.
I received the UST-61s for both sites by email. I have not been sent receptor information that
has been signed and sealed by a licensed geologist or professional engineer. These sites will
have unknown risk classifications until this information has been received or until I have time
to visit each site to gather receptor information. Keep in mind that each UST Project manager
is allowed 2 hours per week for noncommercial work.
Trudy

<i mage001.j pg>
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. [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:
https://deg.nc.goy/a bout/d iyisions/waste-management/waste-ma nagement-ru les-data/waste-management-gis-maps
File Review Procedures:
https://deg.nc.gov/about/divisions/waste-management/ust/file-review-procedures#mooresviIIe-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://deg.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.pov/ncdeq/Waste%20Management/DW M/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%20Memo%20Update.pdf
hgps:Hfiles.nc. gov/ncdeq/W aste%20ManagementID WMIUST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Josiah Payne [mailto:[e-mail]]
Sent: Monday, January 13, 2020 1:19 PM
To: Beverly, Trudy <[e-mail]>

Cc: Robert Payne <[e-mail]>; Taraban, Ron <[e-mail]>
Subject: [External] NRPs
External email. Do not click links or open attachments unless you verify. Send all suspicious
attachment to
Hello Trudy,
Would you mind taking a look at the two attached NRPs for approval? We would like
to bring the originals by your office tomorrow, if Ron will be in, to get them signed and
then take them on to the Meek. Co. Register of Deeds for filing. If you have any
questions please let me know. The NRPs are for the following sites:
1. 800 Mohigan St., Charlotte - George Linville Property
2.431 Canyon Trl., Charlotte - Norma Burton Property
Josiah Payne
Cedar Rock
ENVIRONMENTAL