MO-29035_48226_G_C_20220202_Conditional No Further Action

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
BV 715 Kannapolis Parkway, LLC
Attn: Lee Easley
1414 Yanceyville Street, Suite 300
Greensboro, NC 27405
(via email)
Dear Mr. Easley:
NORTH CAROLINA
Environmental Quality
February 2, 2022
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
715 Kannapolis Parkway
715 Kannapolis Parkway, Concord
Cabarrus County
Incident Number: 48226
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.
As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and
14313-279.11, you must file the approved map and declaration for a Notice of Residual Petroleum with the
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

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.Beverly(i0cdenr.gov
or [phone].
Sincerely,
�" � �'l. Neva,+ A
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Notice of Residual Petroleum (original picked up in person by Pilot Environmental on
2/2/2022 for filing with the Cabarrus County Register of Deeds)
cc: Jason Ricks, Pilot Environmental, Inc. (via email)
Chrystal Swinger, Cabarrus County Environmental Health (via email)
Mike Downs, Cabarrus County Manager (via email)
Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1 [phone]
Q 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
aonaouNn 28115 1 [phone]
Department of Environmental Dual

NOTICE OF RESIDUAL PETROLEUM
715 Kannapolis Parkway, Concord_, Cabarrus County, North Carolina
(site name)
48226 Bk. 8089, Pgs. 178-180
(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 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 143B-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
(name of county)
Book
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
_BV 715 Kannapolis Parkway, LLC of Greensboro, 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

Being all of those certain parcels or tracts of land situated in Township No. 2, Cabarrus County, North
Carolina, and bung a portion of Lot No. 17 of Fingertake Subdivi6on and all of the property shown as
of "Espy S. Beryfieid, Jr." on plat recorded in Map Hook 19, Pago 23, Cabs= County Public Registry,
and being moms particularly described as follows:
BEGINNINO at a N.C— DOT monument in the northern tight of way margin of Fingertake Drive (said
monument being S. 19-19-16 B. 71.53 feet from a N.0 DOT motet in the southarn right of way of
FkS rtalkes Ddve� and turning thence with said northem right of way S. 71-07-53 W. 69.08 fret to an
existing M bwh iron pipe; thmw^ leaving dw right of way ofFinge rla]w DAM N. 2Q-36-24 W. 126.06
fxt to an existing') itch irony pipa; ttsastce N. 7-13-03 E. 103.94 fads (passi* an existing'% inch iron
pipe at 72.39 fieet) to an wdstintg K inch iron rod; thence N. 79-3841 E. 197.72 feet to an existing bent
'h inch iron rcd in lice wrstexn right of way margin of Kan Wolis Highway, thanoe with the western
right of way wwgin ofKaanapolis Highway S. 24-16-04 E. 19.91 feet (passing a N.C. DOT monument
at $.% b4 to a sat inm rod; tb mce S. 23.43-32 1— 106.79 feet to a stet iron rod; Ownce,, leaving the
wasteau right of way margin of Kannapotis highway. S. 20-39-39 W. 404 fret to seat iron rod; dMWe
S. 64-11-40 W. 152.52 that to the POW AND PLACE OF BEGINNING, acid coutahsing 1.072 total
sexes, more or less, auanotding to auvey by Billy B. Long, PIS. dated August J1, 2006, and revised
December 3, 2007, to which reference is bereby made for a more complete description.
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 standard(s) 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.
Revised February 2016-CLK
3

IN WITNESS WHEREOF, BV 715 Kannapolis Parkway, LLC has caused this Notice to be executed
pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this 15t' day of Fe�tawu , 202 Z.
BV 715 Kannapolis Parkway, LLC
(name of responsible party if agent is signing)
By:
(Signature of responsible party, attorney or other agent if there is one)
C' f=O
(title of agent for responsible party if there is one)
Signatory's name typed or printed: Keu \.,o\ C . wi-SQlt v1g
ORTH CAROLINA
COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person(s) personally appeared before me,.. his day, each,acknowledging to me
that he or she signed the foregoing document: �`' _ Yl Y1
gtt-
Date: -. 1
(Official Seal)
—Ven6iWe4o nson
Notary Public
1
itsCaswell County<�
1North Carolina
(' _ �.. s.:f:/�.:%.:/✓✓.=i:;/,J-/= it
_(signature of Notary Pu li-c 1
N0 �6� � h +,I e, C,
printed or typed name of Notary Public)
Notary Public
My commission expires:
Revised February 2016-CLK

Approved for the purposes of N.C.G.S. 143B-279.11
(Signature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
rprz��l( couN,Y
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)
1
D- z � .
(Off1cial Seal)
Sherian R. Black
�t�ttt11111111ttt�j���' Notary Public
F11AN R e•,Notary Public Number 20041820022
R� n
AIM�1'Ny My commission expires:
Z�AEs July 12, 2024
2/
Af
Q"At
U NT'�..a�`���

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
REQUIREMENTS FOR PLATS.
Drawing 1
2021 Google Earth
Satellite Imagery
Scale: 1" = 100'
P f L O T G 1 0 1 0 G! C R L, P L L C
LEGEND
— — — Site Boundary
-U Approximate Former UST Location
Site Map
715 Kannapolis Parkway
Approximate 1.07-Acre Tract
Concord, Cabarrus County, NC
Pilot Project G-7352.2

Beverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, February 2, 2022 11:43 AM
To: 'Lee Easley'
Cc: 'Jason Ricks'; 'Mike Downs'; 'Chrystal Swinger'; John McCain
Subject: 715 Kannapolis Parkway - UST Incident #48226 — Conditional No Further Action
Attachments: MO-29035_48226_G_C_20220202_Conditional No Further Action.pdf
Please see the attached Conditional No Further Action letter for 715 Kannapolis Parkway located at 715 Kannapolis
Parkway, Concord, Cabarrus County, North Carolina (UST Incident #48226).
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
- mt � UST Section, Mooresville Regional Office
���� 704.235.2182 (Office)
Trudy. B everly(a),ncderin 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: hitps://deq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust/ast-proeram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://deu.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans
File Review Procedures:
htips:Hdeq.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:Hflles.nc.gov/ncdeg[Waste%20Manatiement/DWM/UST[WhatsNew/Final-Electronic-Document-Submittal-Policv.pdf
https:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx