MO-28068_47338_G_C_20201027_Conditional No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Atlantic American Properties, Inc.
Attn: Justin Kies
210 Oak Avenue
Kannapolis, NC 28081
(via email)
Dear Mr. Kies:
NORTH CAROLINA
Environmental Quality
October 27, 2020
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Atlantic American Property
407 South Ridge Avenue, Kannapolis
Cabarrus County
Incident Number: 47338
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 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 within 150 feet from the site is prohibited from use as a water supply. Water supply wells of
any kind shall not be installed or operated within 150 feet 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 Ben Robinson, Paragon Environmental
Consultants, Inc., P.O. Box 157, Thomasville, NC 27361-0157, for filing with the
Cabarrus County Register of Deeds)
cc: Ben Robinson, Paragon Environmental Consultants, Inc. (via email)
Chrystal Swinger, Cabarrus County Environmental Health (via email)
Mike Downs, Cabarrus County Manager (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
Atlantic American Property 407 S. Ridge Avenue Kannapolis, NC Incident # Pending
Cabarrus County, North Carolina
Current Property Owners Deed Book # 6234 Page # 0262
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
14313-279.9 and 14313-279.11. 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 14313-279.9 and 14313-279.11, 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 14313-279.11 and has/shall be recorded at the Cabarrus County Register
of Deeds' office Book , Page
Any map or plat required by DEQ has been/shall be recorded at the Cabarrus County Register of Deeds'
office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Atlantic American Properties, Inc. of Kannapolis, North Carolina 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:
Being Lot Number Fifty -Six (56), Block "E" of KANNAPOLIS SUBDIVISION, S.E. SECTION II,
Cannon Holding Corporation, a plat of which is recorded in Map Book 19, page 80, Cabarrus County
Registry, and being known as 407 South Ridge Avenue, Kannapolis, North Carolina.
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 Deeds receives and records the written concurrence of
the Secretary (or his/her delegate) of DEQ (or its successor in function).

PERPETUAL LAND USE RESTRICTIONS
[Restrictions apply to activities on, over, or under the land.]
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 1, Attachment A 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.
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
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, Atlantic American Properties, Inc. has caused this Notice to be executed
pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 13 day of OC 9bLO-dr' , 2020.
Atl tic A eri n Properties, Inc.
Signed By: Vice President
Signatory's name typed or printed: Thomas D. Santis
NORTH CAROLINA
Co-bo-c(_c..t-S COUNTY
I,0—ocu flLGlk , a Notary Public of said County and State, do hereby certify that I} w6s, 1 —S fcf-s
personally came before me this day and acknowledged that he is Vice President of Atlantic American Properties, Inc.
and acknowledged, on behalf of Atlantic American Properties, Inc., the grantor the due execution of the foregoing
instrument.
WITNESS my hand and seal this the 13 day of 00-1-04-)P- - 12020.
(Official Seal)
JODI HEATER
NOTARY PUBLIC
CABARRUS COUNTY, NC
my commission Expkes�aLa q xa 4
U dwix,
(signature of Notary Public)
�41J N&I-kl-
(printed or typed name of Notary Public)
Notary Public
My commission expires � a , 20—;1ti

Approved for the purposes of N.C.G.S. 14313-279.11
ignature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
T+CCIA � COUNTY
I certify that the following person personally appeared before me this day, each
Acknowledging to that he signed the foregoing document:
Ro n a I d H . Taraban (full printed name of Regional Supervisor)
(Official Seal) 0'% %AER1-Will,
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m �r`Q4'Y'L n
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C � -
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024

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Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, October 27, 2020 1:33 PM
To: Justin Kies
Cc: Ben Robinson; Chrystal Swinger; Mike Downs
Subject: Atlantic American Property - UST Incident #47338 — Conditional No Further Action
Attachments: MO-28068_47338_G_C_20201027_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action letter for Atlantic American Property located at 407 South Ridge
Avenue, Kannapolis, Cabarrus County, North Carolina (UST Incident #47338). The original Notice of Residual Petroleum
will go out with today's mail to Paragon Environmental Consultants, Inc. for filing with the Cabarrus County Register of
Deeds.
Trudy
Trudy Beverly, L.G.
D- � E Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section
,Mooresville Regional Office
704.235.2182 (Office)
Trudy.Beverlykncdenn 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: hops://deq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hops://deg.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httos://dea.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-ais-mans
File Review Procedures:
hops://deg.nc. gov/about/divisions/waste-management/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:
httns://files.nc.izov/nedeafWaste%2OMana2ement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.l)df
https://files.nc. gov/ncdegfWaste%20Management/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx