MO-27947_47244_G_C_20200911_Conditional No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Joe Gaskey
P.O. Box 531
Concord, North Carolina 28025
(via email)
Dear Mr. Gaskey:
NORTH CAROLINA
Environmental Quality
September 11, 2020
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Joe Gaskey Property
751 Lenhaven Street, Concord
Cabarrus County
Incident Number: 47244
Risk Classification: Low
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 eg_nt 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 (filed and received
on August 4, 2020); 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 area 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. New
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

or replacement water supply wells of any kind shall not be installed or operated on the site for any
purpose other than monitoring groundwater quality or providing for the remediation of contaminated
groundwater without prior written approval by the appropriate Regional Office of the DEQ, Division
of Waste Management, Underground Storage Tank Section, or its successor in function.
As groundwater contamination may exceed the groundwater quality standards established in
Title 15A NCAC 2L .0202, and 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 (filed and received on August
4, 2020).
As groundwater contamination may exceed the groundwater quality standards established in
Title 15A NCAC 2L .0202, and 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, 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.Beverly&ncdenr.gov or [phone].
Sincerely,
� I"1404
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosure: Filed Notice of Residual Petroleum
cc: Chrystal Swinger, Cabarrus County Health Department (via email)
Mike Downs, Cabarrus County Manger (via email)
Robert & Josiah Payne, Cedar Rock Environmental (via email)
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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

143860104 FILED ELECTRONICALLY
CABARRUS COUNTY NC
M. WAYNE NIXON
FILED Aug 04, 2020
AT 10:07:00 AM
BOOK 14386
START PAGE 0104
END PAGE 0109
INSTRUMENT # 25190
EXCISE TAX $0.00
NOTICE OF RESIDUAL PETROLEUM
Joe Gaskey Property 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 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
Cabarrus Register of Deeds' office Book , Page
(name of county)
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.
Source Property
Joe F. Gaskey and wife, Stephanie C. Gaskey of Concord, 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 Cabarrus ,
State of North Carolina, and is known and legally described as:
See Attachment A (excerpted from Cabarrus County Register of Deeds Book 1057,
Page 155).
Revised January 15, 2013
Page 1 of 4
submitted electronically by "Cedar Rock Environmental, P.C."
in compliance with North Carolina statutes governing recordable documents
and the terms of the Memorandum of understanding with
the office of the Register of Deeds of Cabarrus county. NCGS 47-14(al)(5).

14386 0105
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
Soil: Soil containing residual petroleum above applicable regulatory standard(s) 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 I Attachment B except to remediate the soil in accordance
with all applicable state and federal statutes, regulations and guidelines.
Groundwater: New or replacement water supply wells of any kind shall not be installed or operated on
the site for any purpose other than monitoring groundwater quality or providing for the
remediation of contaminated groundwater without prior written approval by the
appropriate Regional Office of the DEQ, Division of Waste Management, Underground
Storage Tank Section, or its successor in function.
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

14386 0106
IN WITNESS WHEREOF, Joe F. Gaskey and wife, Stephanie C. Gasket' has caused this
Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 2911' day of
July , 2020.
Joe F. Gaskev and wife, Stephanie C. Gaskev
(name of responsible ar ' agent is signing)
By:
(signature of responsible party, ai orney or other agent if there is one)
President, Cedar Ro& 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: ). k, 2a Zv2Dy
(Official Seal) <gfaltium of Notary Public)
�s� u k -D,
JOSIAH PAYNE (printed or typed name of Notary ublic)
NOTARY PUBLIC Notary Public
ALAMANCE COUNTY, N.C.
My Commission Expires 10-22-2.020. My commission expires: (k4_ ZZ
Revised January 15, 2013
Page 3 of 4

14386 0107
Approved for the purposes ofN.C.G.S. 14313-279.11
(signature ofRegional Supervisor)
M 4 2IC /`- P49 r✓15 Regional Supervisor
(printed name of Regional Supervisor)
Raleigh Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
W a(ce- 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: AAr. rlc i2, Pou e (S (full printed name of Regional Supervisor)
Date: 29, -Low
(Official Seal) (rgnature of Notary Public) IF
JOSIAH D PAYNE (printed or typed name of Notary Public)
NOTARY PUBLIC Notary Public
ALAMANCE COUNTY, N.C.
My Comfiission Expires 10-22-2020.
My commission expires: Duf-• Z'zj Zo7A
Revised January 15, 2013
Page 4 of 4

14386 0108
ATTACHMENT A
Lying and being in No. Township, Cabarrus County, North Carolina, on the west side Lenhaven Street,
adjoining the property of Joe F. Gaskey, Sr., David B. Boger, Len B. Brafford and Mrs. Frank Brafford and
being more particularly described as follows:
BEGINNING at a point in the center line of Lenhaven Street, corner of Mrs. Frank Brafford and runs thence
with the center line of Lenhaven Street two (2) lines as follows: 1st) S. 12-43 E. 131.02 feet to a point;
thence 2nd) S. 20-52 E. 53.98 feet to a point, corner of Joe F. Gaskey, Sr.; thence with the line of Joe F.
Gaskey, Sr. S. 74-56 W. (passing an iron on line at 30.15 feet) for distance of 231.18 feet to an iron pin,
corner of Joe F. Gaskey, Sr., David Boger and Len B. Brafford; thence with line of Brafford N. 20-52 W.
185.3 feet to an iron pin in the line of Mrs. Frank Brafford; thence with the line of Mrs. Frank Brafford N.
75-18 E. (passing an iron on line at 219.72) for a distance of 249.74 feet to the BEGINNING, containing
0.98 acres, more or less, as surveyed and platted by Billy B. Long, Sr., RLS, June 18, 1993.

ATTACHMENT B
N
Nathan Phillips
Property
Frankie Phillips \
Property
N
�a
-
House
T1 \
Roland
Mays
Property
-
Joe Gaskey
Property
David �\ NOTE:
Boger
Property 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
RESTRICTED AREA (estimated with recording requirements for plats.
extent of soil contamination
exceeding applicable cleanup standards.)
— - Property Lines
;____; T1 = 560-Gallon UST o 25 50 too
1 Inch = 50 Feet
PROJECT: Joe Gaskey Property
INCIDENT # Pending_.
LOCATION: 75 Lenhaven Street
Concord, Cabarrus Co.
CRE PROJECT NUMBER: 296622590
CEDAR ROCK
ENVIRONMENTAL, P.C.
FILENAME: 2966NoRP.fc7
VERSION DATE: 7117120
FIGURE 1

Beverly, Trudy
From: Beverly, Trudy
Sent: Friday, September 11, 2020 12:16 PM
To: Joe Gaskey
Cc: Chrystal Swinger; Mike Downs; Robert Payne; Josiah Payne
Subject: Joe Gaskey Property - UST Incident #47244 — Conditional No Further Action
Attachments: MO-27947_47244_G_C_20200911_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action letter for Joe Gaskey Property located at 751 Lenhaven Street,
Concord, Cabarrus County, North Carolina (UST Incident #47244).
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
- mt � UST Section, Mooresville Regional Office
���� 704.235.2182 (Office)
Trudy. B everly(a),ncderin 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: hitps://deq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust/ast-proeram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://deu.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans
File Review Procedures:
htips:Hdeq.nc. gov/about/divisions/waste-manaaement/ust/file-review-procedures#mooresville-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:Hflles.nc.gov/ncdeg[Waste%20Manatiement/DWM/UST[WhatsNew/Final-Electronic-Document-Submittal-Policv.pdf
https:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx