MO-28859_48069_G_C_20211101_Conditional No Further Action

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
1025 Concord Parkway, LLC
Attn: Pam Tolen
P.O. Box 6945
Concord, NC 28027
(via email)
Dear Ms. Tolen:
NORTH CAROLINA
Environmental Quality
November 1, 2021
Re: Conditional No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
1025 Concord Parkway North
1025 Concord Parkway North, Concord
Cabarrus County
Incident Number: 48069
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). Groundwater is prohibited from use as a water supply. Water supply wells of any kind
shall not be installed or operated at the site.
D E Q North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC
NORTH CAROLINA 28115 1 [phone]
Department of Environmental Dual

As soil contamination may exceed the residential MSCCs, pursuant to NCGS 143B-279.9 and
143B-279.11, you must file the approved map 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 by email at
Trudy.Beverlykncdenr. og_v or by phone at [phone].
Sincerely,
� `m om
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Chrystal Swinger, Cabarrus County Environmental Health
Mike Downs, Cabarrus County Manager (via email)
Jason Ricks, Pilot Environmental (via email)
Lisa Bornt-Davis, John Lambert, Eadie Churchill, & Mark Hermans (via email)
Attachment: Notice of Residual Petroleum (Picked up in person by Pilot Environmental
for filing with the Cabarrus County Register of Deeds)
Mooresville Regional Office 1610E Center Ave I Suite 3011 Mooresville, NC 28115 1 [phone]
D E Q North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC
a28115 1 [phone]
Department
onaouNn ent of Environmental Dual

NOTICE OF RESIDUAL PETROLEUM
_1025 Concord Parkway North, Cabarrus County, North Carolina
(site name)
48069 Bk. 8645, Pgs. 0028-0030
(Incident Number) (Deed Book, Pages of Property Deed to be Restricted)
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 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.
Any map or plat required by DEQ has been/shall be recorded at the Cabarrus
(name of county)
Register of Deeds' office Book and Page referenced above, and has been/shall be incorporated into the
Notice by this reference.
Source Property
_1025 Concord Parkway, LLC of Concord, NC is the owner in fee simple of all
(owner's name) (city & state of homeowner)
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 2016-CLK

Lying and being in $4 Township, Cabarrus County, North Carolina, on the northwest side of the Salisbury -
Charlotte Highway and being Lot Nos. 33,34 and 35 of the Martha R. Furr lands, as surveyed and platted
by J. M. Furr, Jr., in May, 1941, a map of which is filed in the Office of the Register of Deeds of Cabarrus
County in Map Book 6, pg. 21 and further described as follows:
BEGINNING at an iron stake in the north intersection of the Salisbury -Charlotte Highway and Minnie
Avenue, and runs thence with Minnie Avenue, North 29° West 287.5 feet to an iron stake in the line of the
Aaron R. Furr Estate; thence with the line of said Estate, North 89" 15' East 337.5 feet to an iron stake,
corner of Lot 32; thence with the line of Lot 32, South 29° East 127.34 feet to an iron stake in the
northwest edge of the Charlotte -Salisbury Highway; thence with said Highway. South 61° 00' West
300.00 feet to the point and place of beginning.
Additional Affected Property Also Subject to Restrictions
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:
(Insert Real Property Description Here for Additional Properties Owned or Controlled by Any Owner or
Operator of the Underground Storage Tank or Other Responsible Party, if 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).
Additional Affected Property Not Subject to Restrictions
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
property is known and legally described as:
Revised February 2016-CLK
2

(Insert Legal Description of Other Real Property Affected by Residual Petroleum Not Owned or
Controlled by Any Owner or Operator of the Underground Storage Tank or Other Responsible Party, if
Applicable)
PERPETUAL LAND USE RESTRICTIONS
Soil: Soil containing residual petroleum above applicable regulatory standards) remains
on the site in the area identified in Figure 1, Attachment A (Refer to extent of
contamination as diagrammed in an existing report and attach copy of that figure(s)).
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 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, has caused thistice to be executed pursuant to N.C.G.S.
Sections 14313-279.9 and 14313-279.11, this 2�LZ; day of 202_L
(-name o responsible party if agent is signing)
By:
(signature of responsible party, attorney or other agent if there is one)
(title o agent for r6sp6nsibarty if there is one)
Signatory's name typed or printed: R1 1 (Q. S , / rt f -0yA
Revised February 2016-CLK
3

NORTH CAROLINA
�2A4't((. S 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: PPi�1
Date: A0L16/ �Z
(Official Seal) w
Jrza
Approved for the purposes of N.C.G.S. 143B-279.11
signa�r of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission expires: J—UL-V aZ 7F ZO '
(signature of Regional Supervisor)
Regional Supervisor
(printed name of Regional Supervisor)
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 of Regional Supervisor)
Date:
(Official Seal)
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission expires:
Revised February 2016-CLK
4

Approved for the purposes of N.C.G.S. 143B-279.11
(signature of Regional Supervisor)
Ronald H. Taraban, Ph.D.
Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environmental Quality
7l County, State of North Carolina
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:
Ronald H. Taraban (printed name of Regional Supervisor)
Sherian R. Black, Notary Public
Notary Number: 20041820022
My commission expires:
Julv 12, 2024

THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS
NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY
FOR COMPLIANCE WITH ANY LAND DEVELOPMENT REGULATIONS
AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING (V
REQUIREMENTS FOR PLATS.
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Drawing 1
2021 Google Earth
Satellite Imagery
Scale: 1" = 55'
o I L 0 7 G E 0 0 6 1 C A E P E l C
LEGEND
— Site Boundary
Site Map
1025 Concord Parkway North
Concord, Cabarrus County, NC
Pilot Project G-7234.1