MO-28301_47564_G_C_20210405_Conditional No Further Action

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
City of Concord
Attn: Michael Kepley
P.O. Box 308
Concord, NC 28026
(via email)
Dear Mr. Kepley:
NORTH CAROLINA
Environmental Quality
April 5, 2021
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
City of Concord Kerr Street Property
208 Kerr Street NW, Concord
Cabarrus County
Incident Number: 47564
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 on the filing of the approved Notice
of Residual Petroleum (or NRP, see attached) 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; and receipt of
confirmation that public notice requirements have been completed, as described below.
Be advised that, as contamination may exceed the groundwater quality standards established in
Title 15A NCAC 2L .0202, groundwater within the area where contamination is present or is expected to
migrate is not suitable for use as a water supply. Be advised that as soil contamination may exceed the
residential MSCCs, the property containing the soil contamination is suitable only for industrial /
commercial use as stipulated in the Notice of Contaminated Site (attached).
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-
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

279.9 and 14313-279.11, you must file the approved plat and declaration for a Notice of Residual Petroleum
(attached) 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 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 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 trust fund eligibility or reimbursement from the Commercial
Leaking Petroleum Underground Storage Tank Cleanup Funds, please contact the UST Section Trust Fund
Branch at [phone].
If you have any questions regarding this notice, please contact me by email at
Trudy.Beverly(a,ncdenr.gov or telephone at [phone].
Sincerely,
J
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Notice of Residual Petroleum for filing with the Cabarrus County Register of
Deeds (original mailed to Steven Irminger, Concord Engineering and Surveying,
Inc., P.O. Box 268, Concord, NC 28026-0268)
cc: Chrystal Swinger, Cabarrus County Health Department (via email)
Mike Downs, Cabarrus County Manger (via email)
Steven Irminger, Concord Engineering and Surveying, Inc. (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

NOTICE OF RESIDUAL PETROLEUM
City of Concord Kerr Street Property, 208 Kerr Street NW, 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 Environment Quality (or its
successor in function), as authorized by N.C.G.S. Section 14313-279.9 and 143B-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 county)
Source Property
City of Concord of Concord, North Carolina is the owner in fee
(owner's name) (city & state of homeowner)
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

Lot 2 P MFurr SE/Inter Kerr/Academy
Additional Affected Property Also Subject to Restrictions [NONE]
of is the owner in fee simple of a portion of
(owner's name)(city & state of owner)
the Site, which is located in the County of , State of North Carolina. Petroleum
contamination is located on this property at the time this Notice is approved. This property was also
owned or controlled by the underground storage tank owner or operator or another party responsible for
the petroleum discharge or release at the time the discharge or release was discovered or reported, or at
any time thereafter. This property is known and legally described as:
[Not applicable]
Additional Affected Property Not Subject to Restrictions [NONE]
Additionally residual petroleum is also located on the following property. The following
property is not subject to land use restrictions pursuant to N.C.G.S. Section 143B-279.9(b). The
following ro er is known and legally described as:
[Not applicable]
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).
Revised February 7, 2019

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: The Site shall be used for industrial/commercial use only. Industrial/commercial use means a use
where exposure to soil contamination is limited in time and does not involve exposure to children
or other sensitive populations such as the elderly or sick. The real property shall not be
developed or utilized for residential purposes including but not limited to: primary or secondary
residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds,
parks, recreation areas and/or picnic areas.
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.
IN WITNESS WHEREOF, &,4 IV �F h aused this Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 143 ✓279.11, this _,� ay of %W4& ,20,%P-i.
Signatory's name typed or printed:
NORTH CAROLINA
f�(J` COUNTY
(Name of county in which acknowledgment was taken)
(nar of responsible party ' gent is signi )
By:
(sign tut' of responsible arty, hftorney o0othkagent if there is one)
Vile of age for responst par if there is one)
zlii r 1'o14,VH
I certify that the following person personally appeared bemre me this day, acknowledging to me that he or
she signed the foregoing document: l%�it//Y!°
Date: MRRL ��i
(%Q j
Pt1B1.O '
ed®se�yly °C
®e AAN111866
TJ
(sig ature o N' otar a ic)
(printed or typed name of Notary Public)
Notary Public
My commission
expires:
Revised February 5, 2019

Approved for the purposes of N.C.G.S. 143B-279.11
natureal Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
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:
(Official Seal)
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024

Beverly, Trudy
From: Beverly, Trudy
Sent: Monday, April 5, 2021 11:23 AM
To: Michael Kepley
Cc: Steven Irminger; Mike Downs; Chrystal Swinger
Subject: City of Concord Kerr Street Property - UST Incident #47564 — Conditional No Further
Action
Attachments: MO-28301_47564_G_C_20210405_Conditional No Further Action.pdf
Please see the attached Conditional No Further Action letter for City of Concord Kerr Street Property located at 208 Kerr
Street NW, Concord, Cabarrus County, North Carolina (UST Incident #47564).
The original Notice of Residual Petroleum will be mailed to CESI for filing with the Cabarrus County Register of Deeds.
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
D, E North Carolina Department of Environmental Quality
L eWa meni- 7 Lnnronmwtal Oua" UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. B everlykncdenr. 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:
httDs:Hdea.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans
File Review Procedures:
hit 2s://deg.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:Hfiles.nc.gov/ncdeci/W aste%2OManagement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.pdf
htips:Hfiles.nc. gov/ncdeq/Waste%20Management/D WM[UST/Corrective°/u2OAction/UST%20file%20names%20for%2OLaserfiche.docx