MO-9333_40793_G_C_20200204_Property Development & Parcel Email Discussion

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VICINITY MAP
NOT TO SCALE
MAG NAIL-
N: 607,311.95'
E: 1,528,982.52"
N.C. GRID - NAD 83(2011)
LINE TABLE
LINE
BEARING
DISTANCE
L1
N47'59'39"E
27.35'
L2
S42'00'21 "E
10.09'
L3
S41'5734"E
19.36'
I, MARION L. SANDLIN, JR., CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN
ACTUAL SURVEY MADE . UNDER MY SUPERVISION (DEED DESCRIPTIONS RECORDED IN DEED BOOKS AS
SHOWN); THAT THE BOUNDARIES NOT SURVEYED ARE INDICATED AS DRAWN FROM DEEDS OR MAPS
REFERENCED HEREON; THAT THE RATIO OF PRECISION IS 1:21,935; THAT THIS PLAT WAS PREPARED IN I
ACCORDANCE WITH G. S. 47-30 AS AMENDED; THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE
RECOMBINATION OF EXISTING PARCELS, A COURT -ORDERED SURVEY, OR OTHER EXCEPTION TO THE
DEFINITION OF SUBDIVISION; THE BASIS OF NC GRID - NAD 83(2011), EPOCH 2O10.00 WAS DERIVED FROM
NCGS NETWORK RTK ON MARCH 2, 2016, THIS WAS A CLASS A SURVEY (POSITIONAL TOLERANCE < 0.10'),
GEOID MODEL GEOIDI2B, COMBINED GRID FACTOR AT LOCALIZATION POINT IS 0.999848122 AND UNIT OF
MEASUREMENT IS U.S. SURVEY FEET ­_, I
WITNESS MY ORIGINAL SIGNA"TUREN`PER ,AND SEAL THIS 18th DAY OF MARCH, 2019 A.D.
31
PROFESSIONAL 1 RYEYOR ,ate rr LICENSE NO. L-2941 I
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NOTES:
1. TRAVERSE ADJUSTED BY LEAST SQUARES ADJUSTMENT METHOD;
RAW ERROR OF CLOSURE 1:21.935.
2. AREA COMPUTED BY COORDINATE COMPUTATIONS.
3. ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES UNLESS
OTHERWISE NOTED.
4. SUBJECT PROPERTY LOCATED IN ZONE X (AREAS DETERMINED TO BE
OUTSIDE 0.2X ANNUAL CHANCE FLOODPLAIN) AS PER F.I.R.M. PANEL
3710562000J, EFFECTIVE DATE NOVEMBER 5, 2008.
5. BASIS OF NC GRID - NAD 83(2011) WAS DERIVED FROM NCGS
NETWORK RTK ON MARCH 2, 2016. THIS WAS A CLASS A SURVEY
(POSITIONAL TOLERANCE < 0.10'); GEOID MODEL GEOID12B AND UNIT
OF MEASUREMENT IS U.S. SURVEY FEET.
6. PROJECT POINT OF LOCALIZATION IS TRAVERSE MAG NAIL #1200
HAVING THE FOLLOWING COORDINATES: N= 607,356.61'; E=
1,528,959.78'; ELEV.= 691.02'; C.G.F.= 0.999848122.
7. THIS MAP CONFORMS TO G.S. 47-30 AS AMENDED.
REFERENCES:.
1. ALL. DEEDS AND MAPS SHOWN HEREON.
2. CABARRUS COUNTY ON-LINE G.I.S. TAX MAP.
3. RECORDED MAP ENTITLED "RECOMBINATION (EXEMPT) SURVEY,
PROPERTIES OF: BRIGHT PARSUN, LLC & CABARRUS COUNTY", BY
CESI, DATED SEPTEMBER 8, 2014, CESI JOB NO. 130852.000
RECORDED AT THE CABARRUS COUNTY REGISTER OF DEEDS OFFICE IN
DB. 11124, PG. 280.
4. UNRECORDED MAP ENTITLED "BOUNDARY SURVEY, PROPERTY OF: JOHN
H. & JUDY P. McCRIMMON", BY CESI, DATED JULY 1,2010, CESI JOB
NO. 100625.000.
5. UNRECORDED MAP ENTITILED "BOUNDARY & TOPOGRAPHIC SURVEY FOR:
ST. JAMES LUTHERAN CHURCH", BY CESI, DATED JUNE 18, 2012, CESI
JOB NO. 120520.000.
6. UNRECORDED MAP ENTITLED "BOUNDARY & TOPOGRAPHIC SURVEY OF:
86 UNION STREET SOUTH", BY CESI, DATED MARCH 23, 2016, LAST
REVISED SEPTEMBER 20, 2017, CESI JOB NO. 160100.000.
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STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
I
I, II• REVIEW OFFlCER OF
CABARRU5 COUNTY, CERTIFY THAT THE MAP OR PLAT
'
TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL
STATUTORY REQUIREMENTS FOR RECORDING.
&3A C'fV4) 0311412011
RW OFFICER DATE
L
CORBAN AVENUE SE
PUBLIC MAINTENANCE RIGHT-OF-WAY, WIDTH VARIES
CERTIFICATE OF EXCEPTION PLAT
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DEVELOPMENT SERVICES DIREfTOR DATE'
1/01` OPSTf REALTY COMPANY
f P.I.N. 5620-97-3357
` DB. 418, PG. 629
TRACT NO. 1 SQUARE STONE
i- -- ........
S47'44'47"W 100.01' TIE
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31"W_��`-TIE
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CONC. MON. "T 7W
REBAR
LEGEND
•
EXISTING CORNER AS DESCRIBED
EXISTING MONUMENT AS DESCRIBED
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SET CORNER AS DESCRIBED
)8(
NPS (NO POINT SET)
BOUNDARY LINE (AS SURVEYED)
-- BOUNDARY LINE (BY DEED OR PLAT)
BOUNDARY LINE TO BE ABANDONED
11E LINE
X X X X X SPLIT -RAIL FENCE LINE
RETAINING WALL LINE
RECOMBINATION SURVEY OF:
86 Union Street South
WARD NO. 4, CITY OF CONCORD, CABARRUS COUNTY, NORTH CAROUNA
FOR OWNER/CLIENT:
CABARRUS-COUNTY
P.O. BOX 707
CONCORD, NC 28026
DATE: MARCH 18, 2019 COMPUTED BY: JRB
REVISED: DRAWN BY: JRB
SCALE: 1" = 30' CHECKED BY: MLS
JOB NO.: 180481.000
SCALE IN FEET
0 30 60 90
CIVIL - GEOTECHNICAL - SURVEYING
N.C. FIRM LICENSE NO. C-0263
45 SPRING STREET SW CONCORD [phone]
CONCORD, NC 28025 FAX [phone]
© CEW 2019 ACAD FILE: 180481.DWG

5620 25 0000
4000*
56209724780000
5620879426000
@9733280 T
56209703770000 'F
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MW-3 56209713710000
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8791540000 ' 56209731770000 4 ..
0 12.5 25 50 7 100
Feet Zoe 562097218200

Beverly, Trudy
From: Kyle Bilafer <[e-mail]>
Sent: Wednesday, February 5, 2020 8:11 AM
To: Beverly, Trudy
Cc: Jonathan Marshall
Subject: RE: [External] Phone call about UST: Incident Number: 40793
Attachments: 180481.000 Recomb-MB 80-PG 3-unofficial.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as
&tachment t m
Trudy, please find attached the recombination PLAT of that property for your records
I also heard back from the consultant and GPS coordinates were NOT taken or logged for the soil borings
From: Beverly, Trudy <[e-mail]>
Sent: Wednesday, February 5, 2020 7:59 AM
To: Kyle Bilafer <[e-mail]>
Cc: Jonathan Marshall <[e-mail]>
Subject: RE: [External] Phone call about UST: Incident Number: 40793
CAUTION: This email originated from outside the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe!
Good Morning Kyle,
Thank you for sending the new parcel boundary map with the locations of the monitoring wells from the Phase 1
& Phase 2 ESA. I will talk with Ron when he gets in about his schedule and what options may be available to
address potential development on parcel 56209703770000.
Thank you,
Trudy
From: Kyle Bilafer [ma iIto: [e-mail]]
Sent: Tuesday, February 4, 2020 5:07 PM
To: Beverly, Trudy <[e-mail]>
Cc: Jonathan Marshall <[e-mail]>
Subject: RE: [External] Phone call about UST: Incident Number: 40793
External email. Do not click links or open attachments unless you verify. Send all suspi
Trudy, please see attachment of GPS coordinates of MW-3 per your request

I have asked the contractor if he has GPS coordinates of the soil samples but have yet to hear back from him
From: Beverly, Trudy <[e-mail]>
Sent: Tuesday, February 4, 2020 2:30 PM
To: Kyle Bilafer <[e-mail]>
Cc: Jonathan Marshall <[e-mail]>
Subject: RE: [External] Phone call about UST: Incident Number: 40793
CAUTION: This email originated from outside the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe!
Good Afternoon Kyle,
It would be good to know where the locations soil samples from the 1/31/2018 Phase 1 & 2 Site Assessment fall
in relation to the parcel that has been sectioned off. I have a busy morning tomorrow. I'd also like my
supervisor to sit in on this discussion. He may not be available until 11:00am or later. I'll get back with you
tomorrow morning as soon as I can with available times.
Trudy
Trudy Beverly, L.G.
Di Q- Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
�menmLournr�
704.235.2182 (Office)
Trudv.Beverlv(a)ncdenr. eov
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://deq.ne.Rov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deq.nc.�zov/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:
https://deq.ne. gov/about/divisions/waste-manaeement/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://dea. nc. eov/about/divisions/waste-manaeement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.,gov/ncdeq/Waste°/`20Management/D WM/UST/Corrective°/`2OAction/Electronic%2ODocument%20 Submittal%2OMemo%2OUpdate.pdf
https://files.nc. gov/ncdeq[Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Kyle Bilafer [mailto:[e-mail]]
Sent: Tuesday, February 4, 2020 1:52 PM
To: Beverly, Trudy <[e-mail]>
Cc: Jonathan Marshall <[e-mail]>
Subject: [External] Phone call about UST: Incident Number: 40793

• External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
chment to [e-mail]
Trudy:
Would it be possible to schedule a call with you tomorrow to discuss the issues you left me a message about.
Perhaps 8 AM or 9:30 AM?
Kyle Bilafer
Area Manager of Operations
County Manager's Office
Cabarrus County
0:704-920-3201
M: 704-305-9723
F:704-920-3203
kdbilafer(cDcabarruscou nty. us
CABARRUS COUNTY
Aram lhrlyesHem
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties.

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
May 22, 2019
Cabarrus County
P.O. Box 707
Concord, NC 28205
Attn: Kyle Bilafer
(via email)
Re: Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Cabarrus County Parking Deck
86 Union Street South, Concord
Cabarrus County
Incident Number: 40793
Risk Classification: Low
Dear Mr. Bilafer:
The Limited Site Assessment / Site Closure Request received by the UST Section, Division of Waste
Management, Mooresville Regional Office on May 15, 2019 has been reviewed and approved. The review
indicates that soil contamination exceeds the residential maximum soil contaminant concentration (MSCCs)
established in the Title 15A NCAC 2L .0411 and groundwater contamination meets the cleanup requirements
for a low -risk site but exceeds the groundwater quality standards established in Title 15A NCAC 2L .0202.
The UST Section determines that no further action is warranted for this incident. All required actions
have been completed. On May 15, 2019, the UST Section received a certified copy of the Notice of Residual
Petroleum which is filed with the Register of Deeds. On May 15, 2019, the UST Section was provided with
proof of receipt of the conditional Notice of No Further Action letter or of refusal by the addressee to accept
delivery of the letter or with a description of the manner in which the letter was posted for public notice
requirements.
This determination shall apply unless the UST Section later finds that the discharge or release poses
an unacceptable risk or a potentially unacceptable risk to human health or the environment. Pursuant to Title
15A NCAC 2L .0407(a) you have a continuing obligation to notify the Department of Environmental Quality
of any changes that might affect the risk or land use classifications that have been assigned.
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

Be advised that as groundwater contamination exceeds the groundwater quality standards established
in Title 15A NCAC 2L .0202, groundwater within the area of contamination or within the area where
groundwater contamination is expected to migrate is not suitable for use as a water supply. Be advised that as
soil contamination exceeds the residential MSCCs, the property containing the contamination is suitable only
for industrial/commercial use, as stipulation in the Notice of Residual Petroleum filed with the Cabarrus
County Register of Deeds on February 27, 2018.
Interested parties may examine the Soil Cleanup Report/ Site Closure Request by contacting this
regional office and may submit comments on the site to the regional office at the address or telephone number
listed below.
This No Further Action determination applies only to the subject incident; for any other incidents at
the subject site, the responsible party must continue to address contamination as required.
If you have any questions regarding this notice, please contact me by at Trudy. Beverly(a�ncdenr.gov
or by phone at [phone].
Sincerely,
� I'l'l. Revd'
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Mike Downs, Cabarrus County Manager (via email)
David Troutman, Cabarrus County Health Department (via Email)
Steven Irminger, Irminger Consulting, Inc. (via email)
D F.
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

Beverly, Trudy
From: Seth Meltzer <[e-mail]>
Sent: Saturday, February 1, 2020 9:41 AM
To: Beverly, Trudy
Cc: peter flotz
Subject: RE: [External] would this building qualify as commercial?
Attachments: NFA from NC DEQ (05-22-19).pdf
• External. Do ck links or open attach nil
chment
Good morning Ms. Beverly, Happy New Year! I hope all is well it's been a few months since we last
spoke.
When we spoke this past fall you indicated that if we wanted to develop the parcel along side the
Cabarrus County parking garage in downtown Concord that we would need to file a request with the
DEQ to apply for a change of use since the NFA letter (attached) authorized industrial/commercial
use. Our first level would be commercial with residential on top of that.
We're getting closer to making this a reality so I was hoping you could please refresh my memory on
specifically what we'd need to file as well as the timing we should expect for approval?
Thank you!!
Best Regards,
Seth Meltzer
Principal, Hudson Partners Development
NC Licensed Real Estate Broker
m: 518-275-5699
www.HPDevelopment.net
From: Beverly, Trudy <[e-mail]>
Sent: Monday, September 30, 2019 1:29 PM
To: Seth Meltzer <smeltzer@HPDevelopment. net>
Subject: RE: [External] would this building qualify as commercial?
Good Afternoon Seth,
My supervisor and I are seeking feedback on your property usage question from our branch head. I will get back
with you when additional information is available.
Trudy

Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
#fir
704.235.2182 (Office)
Trudy. B everlygncdenr. 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: https://deq.nc.gov/about/divisions/waste-manaaement/ust
Branch's Above Ground Storage Tanks Website Address: hops://deg.nc.gov/about/divisions/waste-management/ust/ast-proeram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://deo.nc. eov/about/divisions/waste-manaeement/waste-manaizement-rules-data/waste-manaeement-eis-mans
File Review Procedures:
hns://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
httDs://cdocs. dea.nc. eov/WasteManauement/Search.ast)x
Document Submittal & UST File Names for Laserfiche Policies:
ht_pt s://files.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf
https:Hfiles.nc.gov/ncdeg/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Seth Meltzer[mailto:[e-mail]]
Sent: Friday, September 27, 2019 4:39 PM
To: Beverly, Trudy <[e-mail]>
Subject: [External] would this building qualify as commercial?
CAUTIONExternal ema' ttachments unless you verify. Send all susp'
Hello Ms. Beverly,
I am a real estate developer that is proposing a mixed -use project in downtown Concord NC on a site
owned currently by Cabarrus County. I have attached a phase 2 as well as the NFA letter you provided
to the county for the site. We are proposing to construct the building you see attached which would be
first floor retail with four floors of apartments above that. This building would run along side (on
Barbrick ave) the parking garage that the county built.
In your letter you note: `Be advised that as soil contamination exceeds the residential MSCCs, the
property containing the contamination is suitable only for industrial/commercial use, as stipulation in the
Notice of Residual Petroleum filed with the Cabarrus County Register of Deeds on February 27,
2018." I'm curious if what we're proposing would qualify as commercial as you stated, or because of
the apartments above there would be a different minimum required as far as the soil contamination goes?
Best Regards,
Seth Meltzer
Principal, Hudson Partners Development
NYS Licensed Real Estate Agent

m: 518-275-5699
www.HPDevelopment.net