MO-27707_47024_G_C_20200514_Draft Notice of Residual Petroleum for UST Review

NOTICE OF RESIDUAL PETROLEUM
Michael McManimen 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
Mecklenburg 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 of county)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Source Property
Michael William McManimen and wife, Karen M. Emberland 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:
See Attachment A (excerpted from Mecklenburg County Register of Deeds Book
25009, Page 417).
Revised January 15, 2013
Page 1 of 4

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 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.
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, Michael William McManimen and wife, Karen M. Emberland has
caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this 14'
day of Maw, 2020.
Michael William McManimen and wife, Karen M. Emberland
(name of responsible party if agent is signing)
Lo
(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)
Page 3 of 4
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission expires:
Revised January 15, 2013

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: (full printed 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
BEING A COMBINATION OF LOT 1 AND LOT 2 OF MCMANIMEN ESTATES, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING at a Control Corner, #8 rebar as shown on a map recorded in Map Book 38, Page 39,
Mecklenburg County, North Carolina; thence N 5°46'22" W 270.45 feet to a rebar; thence N 76°04'07" W
132.35 feet to a rebar; thence N 75°52'49" W 271.64 feet to an iron rod; thence S 58°49'51" W 175.73
feet to an open pipe; thence S 8°49'16" W 255.34 feet to a bent open pipe; thence S 77°58'08" E 150.13
feet to an open pipe; thence S 11°34'36" W 78.47 feet to a rebar; thence N 79°59'51" E 484.90 feet to the
point and place of BEGINNING, and being 4.607 acres, more or less.

Hector ATTACHMENT B
Villegas
Property I
\ , Gilbert Gillison
Property /Raymond
Nancarrow
Enrique
Property Tanaka I Carlos
/ \ / Property Gutierrez
Property '
INOTE: `
' This map may not be a certified survey 1
Lois Gantz and has not been reviewed by a local
Property government agency for compliance with
any applicable land development regulations
and has not been reviewed for compliance a
with recording requirements for plats.
-,
m
Tom Pistone
Property
James Rouser / T1 �\
� Property
t �
Leslie � / \
Pena
Property i \1
House I
=
RESTRICTED AREA (estimated 1 inch 40 ft.
extent of soil contamination \
exceeding applicable cleanup standards.) \
— - Property Lines o so 100 200 _ -- —
T1 = 1,000-Gallon UST
PROJECT: Michael McManimen Property
INCIDENT # Pending
LOCATION: 4429 Woodwind Street
Charlotte Mecklenburg Co.
CRE PROJECT NUMBER: 292822590
1 Inch = 100 Feet
CEDAR ROCK
ENVIRONMENTAL, P.C.
FILENAME: 2928-Figl.fc7
VERSION DATE: 5/12/2020
FIGURE 1

Beverly, Trudy
From: Josiah Payne <[e-mail]>
Sent: Friday, May 15, 2020 9:44 AM
To: Beverly, Trudy
Subject: Re: FW: [External] NRP for 4429 Woodwind St., Charlotte - Michael McManimen
Property #47024
Attachments: 2928-nrp.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Thank you, Trudy. Carin was able to meet us yesterday and sign it. I have attached a copy of the filed
document.
Josiah
On May 14, 2020 07:44:14 "Beverly, Trudy" <[e-mail]> wrote:
Good Morning Josiah —
I have reviewed the attached draft NRP for Michael McManimen Property, Incident #47024. The site is currently
classified as high risk. The NRP looks good. The owner representative section needs to be signed and notarized. It is
fine for Carin to do the UST Section approval. If she does, you will need to change the Regional Office from Mooresville
to Winston Salem. Please coordinate with Carin for her availability and any restrictions or requirements for access to
the Winston Salem Regional Office due to Covid exposure concerns.
Have a great day,
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
e:Aro DEQNorth Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.Beverlykncdenr.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-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/deq.nc.gov/about/divisions/waste-management waste-management-rules-data/waste-management-gis-mates
File Review Procedures:
hUs://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures4mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://deq.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.gov/ncdeq/Waste%2OManaizement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policy.pdf
httl2s://files.nc. gov/ncdeq/W aste%2OManagement/D W M[UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche. docx
From: Josiah Payne [mailto:[e-mail]]
Sent: Thursday, May 14, 2020 5:54 AM

To: Beverly, Trudy <[e-mail]>
Subject: [External] NRP for 4429 Woodwind St., Charlotte
CAUTION:rnal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Good morning Trudy,
Will you take a look at this NRP for the Mike McManimen Property at the above address? Would it be ok
with you and Ron if Carin Kromm signed the NRP on Ron's behalf? We will be up her way later today and
tomorrow. The inactive water supply well on this property is going to be abandoned, so site should be low risk
at that point.
Thanks,
Josiah Payne
[phone]
Cedar Rock.
ENVIRONMENTAL
f cedarrockenvironmental.coml