MO-29011_48204_G_C_20220114_Draft Notice of Residual Petroleum for UST Review

NOTICE OF RESIDUAL PETROLEUM
Donald Hemby Property Pending Cabarrus County, North Carolina
(Site name) (Incident #)
Current property owner's Deed Book 15399 Pages 288-290
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 143B-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 14313-279.9 and 14313-279.11 and has/shall be recorded at the
Cabarrus Register of Deeds' office Book , Page
(name of county)
Source Property
Donald Thomas Hemby of Fort Mill, South Carolina
(Owner's name) (city & state of homeowner)
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:
See Attachment A (excerpted from Cabarrus County Register of Deeds Book 15399,
Page 289).
Revised February 5, 2019
Page 1 of 4

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).
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 B. No soil shall be excavated or disturbed within 3
feet of the area identified in Figure 1, Attachment B 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 5, 2019
Page 2 of 4

IN WITNESS WHEREOF, Donald Thomas Hembv has caused this Notice to be executed
pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this 14' day of January , 2022.
Donald Thomas Hembv
(name of responsible party if agent is signing)
(signature of responsible party, attorney or other agent if there is one)
President, Cedar Rock Environmental, P. C.
(Title of agent for responsible party if there is one)
Signatory's name typed or printed: Robert A. Pay
NORTH CAROLINA
COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document: Robert A. Payne
Date:
(Official Seal)
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission expires:
Revised February 5, 2019
Page 3 of 4

Approved for the purposes of N.C.G.S. 14313-279.11
(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 ofRegional Supervisor)
Date:
(Official Seal)
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission expires:
Revised February 5, 2019
Page 4 of 4

ATTACHMENT A
Property 1:
Lying and being in Number Four Township, Cabarrus County, North Carolina, and being a lot in
Block "E" of JACKSON PARK, a map made by Reece Ira Long, C.E., of Concord, North Carolina,
on file in the office of the Register of Deeds for Cabarrus County, North Carolina, and more
particularly described as follows: BEGINNING at a stake in the east edge of Pearl Avenue, J. R.
Collins' corner, and runs thence with the Collins line S. 85 E. 150 feet to a stake, back corner of
Lots Nos. 16 and 17; thence with the line of Lots Nos. 17, 18, and 19, N. 5 E. 75 feet to a stake
in the H. O. Archer line; thence with the Archer line, N. 85 W. 150 feet to a stake in the eastern
edge of Pearl Avenue; thence with Pearl Avenue, S. 5 W. 77 feet to the point of BEGINNING.
Parcel ID # No. 5624-12-8464-0000

ATTACHMENT B
NOTE:
This map may not be a certified survey
and has not been reviewed by a local
government agency for compliance with
any applicable land development regulations
and has not been reviewed for compliance
with recording requirements for plats.
ILance Harvey
Property'
� Lance Harvey
- —_ Property
T1 '
House Charles Harrington
Property
Jesse Jones I
Property
0 20 40 80
iiii
1 Inch = 40 Feet
PROJECT: Donald Hemby Property
INCIDENT # Pending
LOCATION: 706 Pearl Ave
Kannapolis, Cabarrus Co.
CRE PROJECT NUMBER: 334822590
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
— - — : Property Lines
CEDAR ROCK
ENVIRONMENTAL, P.C.
FILENAME: 3348NoRP.fc7
VERSION DATE: 1/7/22
T1 = 560-Gallon UST
FIGURE 1

Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, January 18, 2022 6:38 AM
To: Powers, Mark; Taraban, Ron
Subject: RE: [External] NRP Review - Donald Hemby Property — 706 Pearl Avenue, Kannapolis - Incident #
48204
Thank you Mark.
Have a wonderful day,
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.BeverlyL&ncdenr. og_v
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:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hi!ps:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://deo.nc. Lov/about/divi sions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-Lis-mans
File Review Procedures:
https: //deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
htt2s://deg.nc.gov/about/divisions/Waste-manaaement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
htti)s:Hfiles.ne.izov/nedeafWaste%2OMana2ement/DWM/UST/W hatsNew/Final-Electronic-Document-Submittal-Policy.odf
https:Hfiles.nc.gov/ncdeq/Waste%2OManagement/DW M/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Powers, Mark
Sent: Friday, January 14, 2022 4:58 PM
To: Beverly, Trudy <[e-mail]>; Taraban, Ron <[e-mail]>
Subject: RE: [External] NRP Review - Donald Hemby Property — 706 Pearl Avenue, Kannapolis - Incident #48204
Trudy, Ron,
A copy of the signed NRP is attached.
Have a good weekend,
Mark
Mark R. Powers
Regional Supervisor
UST Section, Raleigh Regional Office
NCDEQ, Division of Waste Management
919-791-4200 Voice
919-571-4718 Fax

Mark. Powers(Dncdenr.gov
1628 Mail Service Center
Raleigh, NC 27699-1628
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Beverly, Trudy <[e-mail]>
Sent: Friday, January 14, 2022 1:01 PM
To: Robert Payne <[e-mail]>; Josiah Payne <[e-mail]>
Cc: Powers, Mark <[e-mail]>; Taraban, Ron <[e-mail]>
Subject: RE: [External] NRP Review - Donald Hemby Property — 706 Pearl Avenue, Kannapolis - Incident #48204
Bob - Great. Thank you for the quick response. It would be good to note that in the tank closure report.
Josiah & Mark — The incident number for the Donald Hemby Property is 48204. Please add it to the NRP before it goes
to Mark. The draft NRP has been reviewed and approved (attached). It's ready for regional supervisor review and
notarization. Ron and Mark are both copied on this email since Mark will be the reviewing UST supervisor. Fyi, Monday
is a state holiday. Please check with Mark about his availability next week.
Thanks again everyone and have a great weekend,
Trudy
Trudy Beverly, L.G.
DE Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
u.�,:�.�, UST Section, Mooresville Regional Office
Nwe704.235.2182 (Office)
Trudy.13everlyLc6ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Robert Payne [mailto:[e-mail]]
Sent: Friday, January 14, 2022 12:45 PM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] NRP Review - Donald Hemby Property — 706 Pearl Avenue, Kannapolis
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hey Trudy. Just water in the borehole.
Robert A. Payne, L. G.
Cedar Rock Environmental, P. C.
(mobile) 336-684-2734
On Jan 14, 2022, at 12:37 PM, Beverly, Trudy <trudy.beverlykncdenr..00vv> wrote:
Hey Bob,

The UST Inspection for 706 Pearl Avenue, Kannapolis states that there was fluid observed in the base of
the soil boring. Can you describe the fluid? Was it free product?
Thank you,
Trudy
<image001.jpg> 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 everly&ncdenr. 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://deg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https:Hdcq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns: //deo.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-mans
File Review Procedures:
https://deq.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-manaaement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.gov/nedecifWaste°/`2OMa na2eme nt/D WM/UST/W hatsNew/Final-Electronic-Document-Submittal-Policy.pdf
https:Hfiles.nc. gov/ncdeq/Waste%20Management/D WM/UST/Corrective%2OAction/UST%2Ofile°/a20names%20fo&/`2OLaserfiche.docx
From: Josiah Payne [mailto:[e-mail]]
Sent: Friday, January 14, 2022 11:55 AM
To: Beverly, Trudy <[e-mail]>
Subject: [External] NRP Review
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hey, Trudy. Would you mind taking a look at the attached NRP for approval? We'll probably
take it by Mark early next week for him to sign if all looks good to you.
I hope you're doing well!
Thanks,
Josiah Payne
[phone]
<image002.png>