MO-9433_40867_G_C_20200226_Conditional No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Rocky River Presbyterian Church
Attn: Jim Pharr
7940 Rocky River Road
Concord, NC 28025
(mail and email)
NORTH CAROLINA
Environmental Quality
February 26, 2020
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Rocky River Presbyterian Church
7940 Rocky River Road, Concord
Cabarrus County
Incident Number: 40867
Risk Classification: Low
Dear Mr. Pharr and Rocky River Presbyterian Church:
A review of information on file with the Underground Storage Tank (UST) Section, Division of
Waste Management, Mooresville Regional Office indicates that soil and groundwater contamination meet
the cleanup requirements for a low -risk release under Title 15A NCAC 2L .0202 and .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 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 (see attachment); 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 portion 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 (attached).
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

Groundwater within 150 feet from the site is prohibited from use as a water supply. Water supply wells of
any kind shall not be installed or operated within 150 feet the site.
As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and
14313-279.11, 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 correspondence
documentation showing that each party included in the listing above either received or affirmatively refused
to accept delivery of the copy of the letter (signature required delivery acceptance or documentation of
refusal), 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.Beverlygncdenr.gov
or [phone].
Sincerely,
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Notice of Residual Petroleum (Original mailed to Rocky River Presbyterian Church for
filing with the Cabarrus County Register of Deeds)
cc: David Stoner, Shield Environmental (via email)
Chrystal Swinger, Cabarrus County Environmental Health (via email)
9�- .
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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
_Rocky River Presbyterian Church _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 Environment 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 Environment 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 _Cabarrus Register of
(name of county)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Source Property
_Rocky River Presbyterian Church of _Harrisburg, NC
(owner's name) (city & state of homeowner)
simple of all or a portion of the Site, which is located in the County of
Carolina, and is known and legally described as:
is the owner in fee
Cabarrus , State of North
Revised February 7, 2019

BEGINNING AT A POINT IN THE CENNTERL.INE OF ROCKY RIVER ROAD (S. R. 11341,
ag.rIVG A CMWN CORNER 07 THE PROPERTY OF ROCKY RIVER PRLSBYT'ERIAN
CHURCFt AND TND PROPERTY OF TQMY J, LINKER (BOOK 757, PAGE 3861, NOW OR
POPMRLY, AND RUMAr1W FRCW SAID BEGINNING POINT ALONG ME CENTERLIn OF
RocKy RIMER ROAD $ 28--22--06 W 57.14 FEET TO A PAINT IN THE CENT.ERLZfflE
OF SAID ROAD, THENCE CONT'INUIM ALONG THE CF;NTER,t lND OF ROCKY RIVER
ROAD S 26-30-10 W 10 0. 00 FEET TO A POINT IN THE CENTZRLXNE OF SA10
ROAD; THENCE CONTINUING ALONG THE CENTERLINE OF ROCKY RIVER ROAD S
31-53-12 W 99.95 FEET TO A FAINT IN THE CRNT RUNE OF SAID RCAF; THENCE
CONTINU.TIVO ALONG THE CENTERLINE OP ROCKY RIVER ROAD S 33-32-06 W 100= 0
FTEP TD A POINT IN THE CENTERLINE OF .SAID ROAD; THSAICB CONMNUINt; ALONG
T'TtE CENTERLINE OF ROCKY RIVER ROAD S 36-46-48 W 76..17 FEET TO A POINT
IN THE CENTERLINE OF SAID Rom/ THENCE CONT'rNUTNG ALONG THE CENTERLINE
OF ROCKY RIVER POAU S 34-48-1.3 W 67,32 ,FEoET TO A PDX IN THE
,TNTERSECTION OF .RXKY RIVER ROAD AND LOWER ROCKY RIVER ROAD (S.R.
1136) THENCE CONTINUTNG ALONG THE CENTERLINE OFROCKY .RIVER ROAD S
57-57-06 N 648.96 FEET- TO A PDXNZ r[V ME INTMR'SECTION OF ROCKY RIVER
ROAD AND PHARR BILL ROAD (S. R. 1158) ; THENCE FOLLQWXNG THE CENTERLINE
OF PHARR MILL ROAD N 3C-33-04 W 117.25 FEET TO A POINT IN THE
CENTERLINE OF SAID ROAD, PREMOR CONTINUING ,LONG THE CE'NTERLME OF
PHARR MILL ROAD N 25 - 0 6 - 32 W $ 8. 30 FEET TO A POINT TIV THE CENTERLINE OF
SAID ROAD THENCE CONTINUING ALONG THE CENTERLINE OF PHARR MTLI ROAD N
18-42-5 8 W 57.79 FEET TO A POINT IN THE CEhtTERLZNZ OF SAID ROAD,
TIfENCE CojVTINVjN6 AL014G THE CENTERLINE OF PHARR MILL ROAR N 11-05-02 W
67.58 FEt;T TO A POINT 1N 'ME CENTERLINE OF SAID ROAD; TANCE CONTINUING
ALONG T'RE CENT',t±RLINg OF PH"R MILL FtW N 06-41--53 W 79.52 FEET TO A
POINT IN THS CEFN7'ERLIMZ OF SAID ROAV7 THENCE CONTINUING ALONG THE
CENTEJUIVE OF PHAR.R, MILT. ROAD N 08-21-21 W 90.59 FEET TO A POINT IN
T'1!E CENTE'RLIME OF SAID ROAD; THENCE LEAVING PHAM !KILL ROAD N 17-69-01
i1 TO A PDXNT; THENCE S 71-34--34 E 1.13.88 .FEET TO A NAIL BY CHANNEL IRON
(F) BENT IN STONES; THENCE N .34-.34-41 E 327.44 FEET W A $WNE (F)
T'HSHCE N 65-53-49 W 76,35 FEET TO A FLAT TRON (F); 711S fCE N 04-41. -38 W
361.36 FEET TO A POI'NTi THENCE N 04-41-38 W 155,00 FEET TO AN IRON FIFE
(S) in BRANCH, THENCE N 38-06-49 W 253.17 .F"EET' TO A POINT, THENCE S
42-02-44 W 98.83 FEET TO A POINT; THENCE 5 18-16-43 W 671.39 FEET TO A
POINT; THENCE 3 28--115-43 W '74.50 rtsT To A ?OIN'T' IN THE CEli MRLINE OF
PHARR MILL ROAD; THEMUZ FOL.LOKING TEZ CZlVrVRLrNE OF PHARR MILL ROAD N
09-56-l5 W 293.99 FEET TO A POINT; THENCE LEAVING PRARR MILL ROAD N
62-45-50 E 34. 60 1 ET" TO A POINT; TREPCE N 02-45-50 E 949,23 FEET" TO A
POINT; TfiENCSE N .17-58-09 W 518.95 FEET TO AN OLD IRON M AT FSN E
CORNER; Tf VNCE N 83-1.6-57 E 341 .53 FEET TO A NALL UY OLD IRON (F)
BENTTHENCE S 53-28-41 F 494. 01 FEET TO AN OLD IRON (F) ; THENCE S
5 -28-41 E 841.7.1 FEET TO AN .IRON PTN (S); THENCE S 35-43-50 W 6.30.95
FEET TO AN IRON PIN 05) AT FENCE CORDER AND STORE WALL, THENCE S
52-06-22 E 330, 00 FEET TO AN IRON PIN (S) ; r1trMCE 3 54-06-22 E 177. 60
FEET TO AN IRON FIN M; j r THENCE S 5 4 - 0 6 -22 E 30.78 FEET TO THE POINT
AND PLACE OF BEGYNNING, CONTA.IN.ING 40.899 ACRES, MORE OR LESS,
ACCORDING TO A BOUNDARY SURVEY BY OAZGORY S. FLOWE, P.LS, f7F BEN M'
FLOWE AND SONS, DATED mAY 25, 2009, REF'FRENCE TO SAID SURVEY f3EINtl
MADE FOR A MORE COMMME,, AND ACCURATE DESCRIPTION.
Revised February 7, 2019
2

Additional Affected Property Also Subject to Restrictions
of
is the owner in fee simple of a portion of
(owner's name) (city & state of owner)
the Site, which is located in the County of , State of North Carolina. Petroleum
contamination is located on this property at the time this Notice is approved. This property was also
owned or controlled by the underground storage tank owner or operator or another party responsible for
the petroleum discharge or release at the time the discharge or release was discovered or reported, or at
any time thereafter. This property is known and legally described as:
(Insert Real Property Description Here for Additional Properties Owned or Controlled by Any Owner or
Operator of the Underground Storage Tank or Other Responsible Party, if Applicable)
Additional Affected Property Not Subject to Restrictions
Additionally residual petroleum is also located on the following property. The following
property is not subject to land use restrictions pursuant to N.C.G.S. Section 143B-279.9(b). The
following property is known and legally described as:
(Insert Legal Description of Other Real Property Affected by Residual Petroleum Not Owned or
Controlled by Any Owner or Operator of the Underground Storage Tank or Other Responsible Party, if
Applicable)
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
[Restrictions apply to octivilies on, over, 01' under the lclnd. Choose one or nlore of the f dlowing as
aflpro rrrclte.
Soil: Alternate 1) Soil containing residual petroleum, above applicable regulatory
standard(s), remains on the site in the area identified in Figure 1, Attachment A). No
Revised February 7, 2019
6

copy of that figure(s)). No soil shall be excavated or disturbed within 3 feet of the
area identified in Figure 1, Attachment except to remediate the soil in accordance
with all applicable state and federal statutes, regulations and guidelines.
Groundwater: Groundwater within 150 feet of the site is prohibited from use as a water supply. Water
supply wells of any kind shall not be installed or operated within 150 feet of 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.
IN WITNESS WHEREOF, ��rt. � B. S„ars has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 207N day of FM9vAr9t , 20 Zo.
-1-0 tics
f r .ble party if agent is signing)
By:
(si ature o sponsible party, attorney or other agent if there is one)
(title of agent for responsible party if there is one)
Signatory's name typed or printed: &-eNl! 8 . TOVEs
(Note to be deleted on.Tnal document: Preparer of document must assure that the correct
acknowledgement is used and complies with changes effective October 1, 2006)
Choice One: Instrument signed by one person
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:
Date:
(Official Seal)
(signature of Notary Public)
(printed or typed name of Notary Public)
Notary Public
My commission
expires:
4 Revised February 7, 2019

My commission
expires:
Choice Two: Acknowledge by attorney in fact
NORTH CAROLINA
COUNTY
(Name of county in which acknowledgment was taken)
I, , a Notary Public for said County and State, do hereby certify that
, attorney in fact for , personally appeared before me this day, and being by
me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of the said
, and that his authority to execute and acknowledge said instrument is contained in an instrument duly
executed, acknowledged, and recorded in the office of in the County of
, State of , on the day of 20 _ and
that this instrument was executed under and by virtue of the authority given by said instrument granting
him power of attorney.
I do further certify that the said acknowledged the due execution of the
foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said
WITNESS my hand and official seal, this the day of
(Official Seal)
expires:
/M
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission
Choice Three: Conveying security interest in personal property of a corporation
NORTH CAROLINA
C 6C)C '( rk t' COUNTY
(Name of county in which acknowledgment was taken)
C�aV, , a Notary Public for said County and State, do hereby certify that
r personally came before me this day and acknowledged that he is
of and acknowledged, on behalf of G,G Q C , the grantor
the due execution of the foregoing instrument. Qr Q:5,�SA er \,c% y\ C ti h
WITNESS my hand and official seal, this the day of V:,v r , 20. —
(Official Seal) (si nature of No(�ary Public) /1
`r Cy C� .� l �Q i
printed or typed name of Notary Public)
Notary Public
Revised February 7, 2019
5

My commission
expires:
for the purposes ofN.C.G.S. 143B-279.11
Regional Supervisor
name of gional Supervisor)
" egional Office
UST Section
Division of Waste Management
Department of Environment Quality
NO)`I1INA
COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person(s) personally a peared before me this day, each acknowledging to me
that he or she signed the foregoing document: aj a 4, r (fll printed name of Regional Supervisor)
Dat��
(Official Seal)
expi g
ar-12
202,
QHERIA& No,���%
NOT
P4, 4fp9'p,� -
(si ante o�Notary Par
Plat—1 _
printed or typed name of Notary Public)
Notary Public
My commission
Revised February 7, 2019
6

Figure 2 Attachment A
Rnundc,� 9�rv�y
i 40,899wAcrea
Rocky River Presbyterian Church
R—Y R,! Road
c—'iulCouniy, N.C.
l
Revised February 7, 2019
12

Cemetery
V%
,ontamination
--,I area —
Stone Wall
OWN
I FFE 589-41' L
Education
Bldg r
I
Concrete Park
r--------•-
Gravel Parking
18 PS
18 PS
Revised February 7, 2019

Beverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, February 26, 2020 3:54 PM
To: Jim Pharr
Cc: Chrystal Swinger; Mike Downs; David Stoner
Subject: Rocky River Presbyterian Church - Incident #40867 - Conditional No Further Action
Attachments: MO-9433_40867_G_C_20200226_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action letter for Rocky River Presbyterian Church located at 7940 Rocky
River Road, Concord, Cabarrus County, North Carolina (Incident #40867).
Jim - A copy of the Conditional NFA letter will be mailed today to the church with the original Notice of Residual
Petroleum for filing with the Cabarrus County Register of Deeds.
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
D- E Q North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. B everlykncdenn 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:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: htg2s://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deo.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-ais-mans
File Review Procedures:
hitps: //deq.ne. gov/about/divisions/waste-management/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%2OManagement/DWMfUST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf
https://files.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective°/`2OActionfUST%20file%20names%20for%2OLaserfiche.docx