MO-27947_47244_G_C_20200728_Draft NRP for UST Review

Beverly, Trudy
From: Josiah Payne <[e-mail]>
Sent: Tuesday, July 28, 2020 8:29 AM
To: Beverly, Trudy
Subject: RE: [External] NRP Review
Irev,11111shImMernal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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That sounds good, Trudy. I'll change it to the Raleigh office. Thank you for looking at these so quickly! I'll
send you copies of the filed NRPs once we get them signed and filed. Hope you're staying well.
Josiah
On July 27, 2020 15:07:09 "Beverly, Trudy" <[e-mail]> wrote:
Good Afternoon Josiah,
I reviewed the two draft NRPs (Joe Gaskey Property in Concord & Jill Harkey Property in Charlotte). You will need to
change Regional office to Raleigh on the UST review page if Mark will be approving the NRPs for filing. Everything looks
good. Scott Bullock approved the groundwater language in the Joe Gaskey Property. However, the UST Section would
not allow any water supply well to be installed downgradient of the plume of contamination if the owner were to
request installation of a water supply well in the future.
Have a great day,
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
Dewrvnenr w UST Section, Mooresville Regional Office
�,. �,�,� aWm�`
704.235.2182 (Office)
Trudy.Beverl a,ncdenr. -og_v
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: httos://deq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https:Hdeg.nc.aov/about/divisions/waste-management/ust/ast-prouam
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://dea.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans
File Review Procedures:
httns://dea.nc. eov/about/divisions/waste-manavement/ust/file-review-procedures#mooresville-reeional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hgps: Hdeg.nc. eov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
httus://files.nc.2ov/ncdeu/W aste%2OManaaement/DWMIUST/WhatsNew/Final-Electronic-Document-Submittal-Policy.odf
httos://files.nc. gov/ncdeg/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file°/`20names%20for%2OLaserfiche.docx
From: Josiah Payne [mailto:[e-mail]]
Sent: Monday, July 27, 2020 8:42 AM
To: Beverly, Trudy <[e-mail]>

Cc: Powers, Mark <[e-mail]>; Dad <[e-mail]>
Subject: [External] NRP Review
CAUTION:rnal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Good morning Trudy,
Would you mind taking a look at these two NRPs? We'd like to take them with us on Wednesday for Mark to
sign them in Raleigh.
The NRP for the Joe Gaskey Property in Concord has an different version of the groundwater restriction. His
property is currently using a community well located several hundred feet away on another property, however,
Mr. Gaskey's property is large enough to where he could drill a well on his property greater than 150 feet from
the petroleum release if he ever needed to. Caroline in Asheville told us to use this wording on a similar
property up her way and I figured it might work well here, so please take a look at that. I have also attached
our abandonment report for this site.
The NRP for the Jill Harkey Property in Charlotte has to be filed a little prematurely. We are scheduled to
remove the UST and excavate contaminated soils tomorrow, however, they are scheduled to close on Friday
and we won't have lab results back by then to confirm if we cleaned up all of the contamination. Our clients
are not willing to reschedule the closing date and so the NRP needs to be on file by Friday. If our lab results
come back and show that we have in fact cleaned them up, I guess we will then have to file a cancelation of
NRP.
Thanks!
Josiah Payne
[phone]
Cedar Rock
ENVIRONMENTAL

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. Gasket' 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

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 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: 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

IN WITNESS WHEREOF, Joe F. Gaskey and wife, Stephanie C. Gaskey has caused this
Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this 27' day of
July , 2020.
Lo
Joe F. Gaskey and wife, Stephanie C. Gaskey
(name of responsible party if agent is signing)
(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
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
"I
N 1
Nathan Phillips -
\ Property -
Frankie Phillips \ -
Property
m
J
House
T1 \
Roland
Mays
Property
' Joe Gaskey
/ - Property
David NOTE:
Boger
Property This map may not be a certified survey
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
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
with recording requirements for plats.
— - Property Lines
T1 = 560-Gallon UST o 25 50 100
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: 7/17/20
1 Inch = 50 Feet
FIGURE 1