MO-27787_47097_G_C_20200707_Conditional No Further Action Letter

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
July 7, 2020
Drew Maher, Inc.
Attn: Drew Maher
1309 Mooresville Road
Kannapolis, NC 28025
(mail and email)
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
DM Properties
1309 Mooresville Road, Kannapolis
Cabarrus County
Incident Number: 47097
Risk Classification: Low
Dear Mr. Maher:
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 is 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, 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.Beverlykncdenr.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 Drew Maher, Inc.)
cc: Alan Griffith, Griffith Enterprises (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

DM Properties 1309 Mooresville Road Kannapolis Cabarrus County North Carolina UST
Incident Numbgtr 41097
(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 14313-279.11. 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
14313-279.9 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 County Register of Deeds' office Book , Page
(name of canwt )
Any map or plat required by DEQ has been/shall be recorded at the _Cabarrus Register of
Maine of couno)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Source Property
Drew Maher. Inc. of Kannapolis. North Carolina is the owner in fee
(owner:r name) (city & state gfhomeotimner)
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:
Revised February 7, 2019

1309 Mooresville Road Kannapolis, NC 28081
Parcel ID - 5613070027
Legal Description - PIO LTS 149-153 W F WINECOFF ESTATE
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).
Soil: Soil containing residual petroleum above applicable regulatory standard(s) remains
on the site in the area identified in Figure 1, AttachmentA (Refer to extent of
contamination as diagrammed in an existing report and attach a copy of that
figrare(s)). 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 wid 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.
Revised February 7, 2019
2

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, Dow Maher has caused this Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 14313-279.11, this _ day of -j(y , 20AD .
Drew bdaher Inc
(nacre of responsible party if agent is signing)
By:�
(sigrutture of respar+sible party atrorney or other agent if there is one)
(title of agent,fir responsible par{v if there is one)
Signatory's name typed or printed: _i�l� ty VYlcxhef
N,YRTH 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
Rq�se or she signed the foregoing document:
/,
p Notary
Dat ,
Cc Cabarrus _
Cou(o'ffi ' I Sol) (signature ofNotagPublic)
My Gomm. E p
2 08-13-202 \
(prittled or raped name of Noraq Public)
THr C A�P10����`� Notary Public
expires: ? - I a - 1;101�Q
expires:
My commission
(printed or tped name of Notaiyy Public)
Notary Public
My commission
Revised February 7, 2019
3

Approved for the purposes of N.C.G.S. 143B-279.11
ku,,.,,,�,1� A-��. AQ .�
(Signature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
T"iL 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 Supervisor)
Date: 7
(Off1cialSeal) Sherian R. Black
raInN Rays
N0T'�9
k:.) I
%,," :K
C QCIC
'4VOUNT)
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12 2024

aoarrus county Property Report
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99
North
_ r
6/29/20, 1:55 PM
i S! 1257-
IM
¢ ,13ai,ti
AP
,L 131y l
F�f� O = Estimated Soil Impact Areat
C, 6 SITE
Sample T-1 '., r . Its
11,700 mg/kg: DRO
393 mg/kg: GRO
". Former Heating Oil a
r� UST Basin Location
tss d
Sample T-3 t5t
Sample T-2 5,830 mg/kg: DRO ti ,
17,000 mg/kg: DRO '�G 43.3 mg/kg: GRO 133 fff�
{ 742 mg/kg. GRO /
Figure 1: Soil Sample Results Map
rrf' ``• tst DM Properties Site
1309 Mooresville Road
a "~ Kannapolis, Cabarrus County
�` , •. t49 �;' North Carolina
` Source`. Cabarrus County GIS
Boil Sample Depth: 8 Feet BLS
zaz. t'YJ Scale: 1" = 65 Feet
Physical Address: 1309 MOORESVILLE RD KANNAPOUS NC 28081 PIN14: 56130700270000
Account Name 1: DREW MAHER INC Account Name 2:
Mailing Address: 1309 MOORESVILLE RD Mailing City: KANNAPOUS
Mailing State: NC Mailing Zip Code: 28081
Property Real ID: 04-047-0003.00 Plat Book:
:tps://location.cabarruscounty.us/mapcabarrus/ Page 1 of 1

Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, July 7, 2020 11:03 AM
To: Drew Maher
Cc: Alan Griffith; Chrystal Swinger
Subject: DM Properties - UST Incident #47097 — Conditional No Further Action
Attachments: MO-27787_47097_G_C_20200707_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action letter for DM Properties located at 1309 Mooresville Road,
Kannapolis, Cabarrus County, North Carolina (UST Incident #47097).
Drew — The original Notice of Residual Petroleum will go out to you in today's mail for filing with the Cabarrus County
Register of Deeds office.
Have a great day,
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
aUST Section, Mooresville Regional Office
rtm,R �le`
704.235.2182 (Office)
Trudy. B everlygriedenn 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: htips://deg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-proeram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httos://dea.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-management-eis-mans
File Review Procedures:
hitps://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hns://deq.nc.gov/about/divisions/waste-manaizement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https:Hfiles.nc.gov/ncdecl/W aste%20Management/DWM/UST/W h atsNew[Final-Electronie-Document-Submittal-Policy.udf
htips://files.nc. gov/ncdeq/Waste%20Management/D WMJUST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx