MO-28244_47502_G_C_20210526_Conditional No Further Action

ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
MICHAEL SCOTT
Director
Luz C. Alicea
1951 Sequoia Hills Drive
Harrisburg, NC 28075
Dear Ms. Alicea:
NORTH CAROLINA
Environmental Quality
May 26, 2021
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Alicea Property
1951 Sequoia Hills Drive, Harrisburg
Cabarrus County
Incident Number: 47502
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 contamination meets the cleanup
requirements for a low -risk release under Title 15A NCAC 2L .0400, but contamination exceeds the limits
allowed for the unrestricted use of a site where closed under risk -based cleanup standards. Groundwater
was not sampled as part of the investigation.
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 (received May 12, 2021); 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 (received May 12,
2021). 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.
As soil contamination may exceed the residential MSCCs, pursuant to NCGS 143B-279.9 and
143B-279.11, you must file the approved plat and declaration for a Notice of Residual Petroleum with the
D E Q�� North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
NORTH CAROHNA
Department of Envimn—ft 0ual\ r 919.707.8200

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 (received May 12, 2021).
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 [e-mail]
or [phone].
Sincerely,
6
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Notice of Residual Petroleum (filed Notice received May 12, 2021)
cc: Ben Robinson, Paragon Environmental, Inc. (via email)
Chrystal Swinger, Cabarrus County Environmental Health (via email)
Mike Downs, Cabarrus County Manager (via email)
D E Q North Carolina Department of Environmental Quality I Division of Waste Management
NORM CAROLINA _
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
Deoerumemmewi—memaiouaft /`� 919.707.8200

THIS CERTIFICA TION STA TEMENT MUST REMAIN WITH
THE A TTA CHED COPY IN ORDER FOR IT TO BE
CONSIDERED A LEGAL DOCUMENT
Wayne Nixon
Register of Deeds
Cabarrus County, North Carolina
P. O. Box 707
Concord, North Carolina 28026
STATE OF NORTH CAROLINA
CABARRUS COUNTY
I do hereby certify this to be a true copy of the attached document filed and
recorded in the aforesaid county as evidenced in Book No. 15 jqLQ
begins with Page No. 5 and ends with Page No. u b
Witness my hand and seal this the day of N
WAYNE NIXON, REGISTER OF DEEDS
by.
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REGISTER OF DEEDS
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FILED May 04, 2021
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BOOK
15146
START PAGE
0045
END PAGE
0048
INSTRUMENT #
19533
EXCISE TAX
$0.00
EMB
NOTICE OF RESIDIJAL PETROLEVM
Alicea Property 1951 Sequoia Hills Drive Harrisburg, NC Incident # Pending
Cabarrus County, North Carolina
Current Property Owners Deed Book # 11221 Page # 0318
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 143B-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.
Luz C. Alicea of Harrisburg, 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:
LYING and being in No 1 Township, Cabarrus County, North Carolina, on the south side of Alice
Avenue and being Lot No. 35 of the J. Lee Pharr Property as surveyed by Fisher & Long, December
1970, and being more particularly described as follows:
BEGINNING at an iron stake in the South edge of Alice Avenue (said iron stake has a bearing of N. 57-
14 W. 400.78 feet from an iron stake in the West edge of the right of way of Pharr Mill Road) and runs
thence with the dividing line of lots Nos. 34 and 35, S. 32-46 W. 190 feet to an iron stake in the line of
Hoyt M. McCachren; thence with the McCachren line N. 57-14 W. 125 feet to an iron stake, back corner
of Lots Nos. 35 and 36; thence with the dividing line of Lots 35 and 36 N. 32-46 E. 190 feet to an iron
stake in the South edge of Alice Avenue; thence with Alice Avenue S. 57-14 E. 125 feet to the
BEGINNING.�ni ��
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Offal►
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Parcel ID # 01-018-0001.50

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.
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
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, Luz C. Alice has caused this Notice to be executed pursuant to N.C.G.S.
Sections 143B-279.9 and 143B-279.11, this /9day of -TR lr ya Y ! , 2021.
Signed By:�t�C
Signatory's name typed or printed: Luz C. Alicea
NORTH CAROLINA
Cabarrus COUNTY
I certify that the following person personally appeared before me this day, acknowledging to me that she signed the
foregoing document: Luz C. Al; m
Date: V .,n 19, 2021
(Official Seal)
Robinson
5ry 'oCounty
orth Carolln�
(' nature of Notary Public)
Qeniamki V. Robinson
V
(printed or typed name of Notary Public)
Notary Public
My commission expires &rd
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Approved for the purposes of N.C.G.S. 143B-279.11
( gnature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
a4cw I 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:
" 0
(official Seal)
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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: Wednesday, May 26, 2021 9:31 AM
To: 'Ben Robinson'; 'Chrystal Swinger'; 'Mike Downs'
Subject: Alicea Property - UST Incident #47502 — Conditional No Further Action
Attachments: MO-28244_47502_G_C_20210526_Conditional No Further Action.pdf
Please see the attached Conditional No Further Action letter for Alicea Property located at 1951 Sequoia Hills Drive,
Harrisburg, Cabarrus County, North Carolina (UST Incident #47502).
Trudy
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 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: ht_pt s://deg.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:
httos://dea.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-ais-mans
File Review Procedures:
hitps://deq.ne. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
bit.ps://deq.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
htti)s:Hfiles.ne.izov/ncdea[Waste%2OMana2ement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.l)df
https:Hfiles.nc.gov/ncdeq/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx