MO-28067_47337_G_C_20200911_Draft NRP for UST Review

NOTICE OF RESIDUAL PETROLEUM
Richard Davis 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
Richard P. Davis and wife, Jeanette T. Davis 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
4431, Page 680).
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, Richard P. Davis and wife, Jeanette T. Davis has caused this
Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this 11' day of
September , 2020.
Lo
Richard P. Davis and wife, Jeanette T. Davis
(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)
Mark R. Powers , Regional Supervisor
(printed name of Regional Supervisor)
Raleigh 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 all of Lots 108, 109, 110 and 111 of WEST VIEW HILLS, as shown on map thereof recorded in Map
Book 6, at Page 671, in the Office of the Register of Deeds for Mecklenburg County, North Carolina.
Being the same property conveyed to William Henry Hoover and wife, Grace R. Hoover by Deed dated the
4th day of May, 1973 and duly recorded in the Office of the Register of Deeds for Mecklenburg County in
Book 3574, at Page 412.

ATTACHMENT B
NOTE:
/ This map may not be a certified survey
and has not been reviewed by a local
government agency for compliance with
David Merritt any applicable land development regulations
Property and has not been reviewed for compliance
with recording requirements for plats.
Q
�U
J
T1 Ilena Young
,
Property
,
House
I /
Rowan way `
0 20 40 80
1 Inch = 40 Feet
PROJECT: Richard Davis Property
INCIDENT # Pending
LOCATION: 1335 Lake Way Drive
Charlotte Mecklenburg Co.
CRE PROJECT NUMBER: 300922590
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
— - — : Property Lines
CEDAR ROCK
ENVIRONMENTAL, P.C.
FILENAME: 3009NoRP.fc7
VERSION DATE: 9/9/2020
T1 = 270-Gallon UST
FIGURE 1

Beverly, Trudy
From: Josiah Payne <[e-mail]>
Sent: Tuesday, September 15, 2020 11:48 AM
To: Beverly, Trudy
Subject: Re: FW: [External] NRP Review
NINVOMernaI email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Ok, sounds good. Thanks!
Josiah Payne
0
On Tue, Sep 15, 2020 at 11:47 AM Beverly, Trudy <trudy.beverlykncdenr.gov> wrote:
No need to change the site name. I'll keep that the same in the database. I'll change the rp to Jeanette Davis in the
database.
Thanks for the update,
Trudy
rH �raaQ .1A
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. B everlygncdenr. 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:Hdeg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: htips:Hdeg.nc.aov/about/divisions/waste-mana,aement/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
htWs:Hdeq.nc.,gov/abouUdivisions/waste-management/waste-management-rules-datalwaste-management- ig s-mates
File Review Procedures:
https:Hdeq.nc. gov/about/divisions/waste-management/ustlfile-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
ht!ps:Hdeq.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
htti)s://files.nc.gov/ncdea/Waste%2OManagement/D WM/USTIWhatsNew/Final-Electronic-Document-Submittal-Policv.udf
https://files.nc. aovincdeq/Waste%20ManagementIDWM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx
From: Josiah Payne [mailto:[e-mail]]
Sent: Tuesday, September 15, 2020 11:22 AM
To: Beverly, Trudy <[e-mail]>
Subject: Re: FW: [External] NRP Review
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
report.spam@nc.l?oy
Good morning Trudy,

I just wanted to let you know that for the Richard Davis Property we found out Richard Davis is deceased and
so the property belongs to just Jeanette Davis, his wife. I have made this change on the NRP. I did not change
the site name, so that is still Richard Davis Property. Please let me know if you want to just keep it like that or
if you want to change it in your database and I will change it on the NRP before we file it. I have attached the
revised NRP as I have it now.
Josiah Payne
J
On Fri, Sep 11, 2020 at 11:43 AM Josiah Payne <josiah.cre(c�gmail.com> wrote:
Ok, will do. Thank you, Trudy!
Josiah
On September 11, 2020 10:42:54 AM "Beverly, Trudy" <trudy.beverlyCa)_ncdenr.gov> wrote:
Hey Josiah,
The 2 Mecklenburg Counties ones look good for Mark's signature. Dan Graham handles Iredell County. I see that he
is on leave until September 17, 2020. You may want to discuss this one with Ron if you need it sooner.
Have a great day,
Trudy
Qq>
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.Beverly(abncdenr. 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:Hdeg.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-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
hgps:Hdeq.nc.gov/about/divisions/waste-management/waste-management-rules-datalwaste-mans eg ment ig s=maps
File Review Procedures:
https://deq.nc.gov/about/divisions/waste-management/ustlfile-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hitps://deg.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https:llfiles.ne.2oylncdeg/Waste%2OManaeement/DWM/USTIWhatsNew/Final-Electronic-Document-Submittal-Policv.pdf
https:Hfiles.nc. gov/ncdeq/Waste%20Management/D W MUST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche. docx
From: Josiah Payne [mailto:[e-mail]]
Sent: Friday, September 11, 2020 9:13 AM
To: Beverly, Trudy <[e-mail]>
Cc: Powers, Mark <[e-mail]>; Robert Payne <[e-mail]>
Subject: [External] NRP Review
al email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
�[e-mail]
Good morning Trudy,

Would you mind taking a look at the three attached NRPs for approval? We would like to take them by
Mark at the beginning of next week for him to sign.
The NRP for 262 Tuckers Grove Rd. in Statesville has alternate verbiage for the groundwater use restriction
because they have an active supply well on the property greater than 150 ft from the release used as a sole
source of drinking water. The site is currently classified as High Risk due to another inactive well onsite
within 150 feet of the release. They are in the process of having that well abandoned so the site can be Low
Risk. Please let me know if you have any questions.
The other two NRPs are pretty straight forward. The 1335 Lake Way Dr. site in Charlotte is High Risk right
now but they are in the process of abandoning the inactive onsite well at which point the site should be Low
Risk. Thank you!
Josiah Payne
1.1

Beverly, Trudy
From: Josiah Payne <[e-mail]>
Sent: Friday, September 11, 2020 11:44 AM
To: Beverly, Trudy
Subject: Re: FW: [External] NRP Review
f111911NMOMernal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
ort.spam@nc.&ov
Ok, will do. Thank you, Trudy!
Josiah
On September 11, 2020 10:42:54 AM "Beverly, Trudy" <[e-mail]> wrote:
Hey Josiah,
The 2 Mecklenburg Counties ones look good for Mark's signature. Dan Graham handles Iredell County. I see that he is
on leave until September 17, 2020. You may want to discuss this one with Ron if you need it sooner.
Have a great day,
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
cc D�E QNorth Carolina Department of Environmental Quality
r"`I, la4 OuMV UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.Beverlyt�a ncdenr.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:Hdeg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hos:Hdeg.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-mana eg ment ig s=macs
File Review Procedures:
hi!ps:Hdcq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hitps:Hdeg.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
htti)s://files.nc.2ov/ncde(i/W aste%2OManaBement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.vdf
https://fi les.nc. gov/ncdeq/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche. docx
From: Josiah Payne [mailto:[e-mail]]
Sent: Friday, September 11, 2020 9:13 AM
To: Beverly, Trudy <[e-mail]>
Cc: Powers, Mark <[e-mail]>; Robert Payne <[e-mail]>
Subject: [External] NRP Review
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]

Good morning Trudy,
Would you mind taking a look at the three attached NRPs for approval? We would like to take them by Mark
at the beginning of next week for him to sign.
The NRP for 262 Tuckers Grove Rd. in Statesville has alternate verbiage for the groundwater use restriction
because they have an active supply well on the property greater than 150 ft from the release used as a sole
source of drinking water. The site is currently classified as High Risk due to another inactive well onsite
within 150 feet of the release. They are in the process of having that well abandoned so the site can be Low
Risk. Please let me know if you have any questions.
The other two NRPs are pretty straight forward. The 1335 Lake Way Dr. site in Charlotte is High Risk right
now but they are in the process of abandoning the inactive onsite well at which point the site should be Low
Risk. Thank you!
Josiah Payne
0