MO-28933_48135_G_C_20211201_Draft Notice of Residual Petroleum for UST Review

NOTICE OF RESIDUAL PETROLEUM
Anne Johnstone Property 48135 Cabarrus
(Site name) (Incident #)
Current property owner's Deed Book 9227 Pages 301-303
County, North Carolina
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
Anne E. Johnstone of Harrisburg, North 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 9227
Page 303).
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, Anne E. Johnstone has caused this Notice to be executed pursuant
to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this 1st day of December , 2021.
Anne E. Johnstone
(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
Lots 28-31 and a portion of Lot 32
Block E
Charles E. Johnston Homeplace Subdivision
Tract I:
Being known and designated as all of Lots 28, 29, 30, and 31 in Block E of the subdivision known
as Charles E. Johnson Homeplace Subdivision, as same is shown on a map thereof recorded in
Map Book 2 at page 66 in the Cabarrus Public Registry; reference to which is made for a more
particular description.
Tract II:
Lying and being in Number One (1) Township, Cabarrus County, North Carolina, and being ten
(10) feet of Lot Number 32 of the Subdivision of the Homeplace of Charles E. Johnston, as
recorded in Map Book 2, Page 66, Cabarrus County Registry, and being located on the West side
of Hickory Ridge Road, and being more particularly described as follows:
BEGINNING at an iron in the western edge of the right-of-way for Hickory Ridge Road, front
common corner of Lots Numbers 31 and 32 of the Subdivision of the Homeplace of Charles E.
Johnston, and runs thence with the western edge of the right-of-way for Hickory Ridge Road, S.
2-24-07 E. 10 feet to an iron, a new corner; thence a new line through Lot Number 32, S. 88-03-
38 W. (through an iron at 158.00 feet) for a total distance of 199.94 feet to an iron, a new corner;
thence with the back line of Lot Number 32, N. 2-27-46 W. 10.0 feet to an iron, back common
corner of Lots Numbers 31 and 32; thence with the common dividing line between Lots Numbers
31 and 32, N. 88-03-38 E. 199.94 feet to an iron in the western edge of the right-of-way for Hickory
Ridge Road, the front common corner of Lots Numbers 31 and 32 and being the point of
BEGINNING, as surveyed and platted by James T. West, R.L.S., on July 14, 1992.
NOTE:
The perpetual land use restrictions described in this Notice of Residual Petroleum only
apply to a portion of the above described property. A portion of the above described
property has been sold and is no longer part of the property wherein these land use
restrictions apply. The property described in Deed Book 14729, Page 64 and as Lot #1 of
the exemption plat entitled "0.966 acre - Martha Melvin Road" recorded in Map Book 86 at
Page 21 in the Cabarrus County Public Registry (parcel #55077561970000) is not affected
by this Notice. This Notice only applies to Lot #2 (parcel #55077560960000) as shown on
said exemption plat.

ATTACHMENT B
N 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.
Hazem Idlibi
Property
Surrindranath _
Roop Property
T1
i
House
HPA Borrower - _ -
2017-1 LLC I
Property
William Passmore
IProperty
0 20 40 80
iiiii
1 Inch = 40 Feet
PROJECT: Anne Johnstone Property
INCIDENT # 48135
LOCATION: 6726 Martha Melvin Road
Harrisburg, Cabarrus Co.
CRE PROJECT NUMBER: 314222590
Co
W
c
.:
a)
co
Co
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
Property Lines
____I : T1 = 500-Gallon UST
CEDAR ROCK
ENVIRONMENTAL, P.C.
FILENAME: 3142NoRP.fc7
VERSION DATE: 11/30/21
FIGURE 1

Beverly, Trudy
From: Beverly, Trudy
Sent: Thursday, December 2, 2021 7:07 AM
To: Powers, Mark
Cc: Taraban, Ron
Subject: RE: [External] Re: NRP review
Good Morning Mark,
Thank you for sending the scan.
Have a wonderful day,
Trudy
Trudy Beverly, L.G.
D. E Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
bioprH '•' �. UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.Beverlygncdenr. 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: hitps://deq.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-proeram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httpS://deo.nc. eov/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):
btips://deg.nc.gov/about/divisions/waste-manaaement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
httns://files.nc.¢ov/nedep/Waste%2OManaQement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.adf
https://files.nc. gov/nedeq/Waste%2OManagement/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx
From: Powers, Mark
Sent: Wednesday, December 1, 20214:14 PM
To: Beverly, Trudy <[e-mail]>
Cc: Taraban, Ron <[e-mail]>
Subject: RE: [External] Re: NRP review
Hi Trudy,
A signed copy is attached.
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(a�ncdenr.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: Wednesday, December 01, 2021 12:36 PM
To: Josiah Payne <][e-mail]>
Cc: Taraban, Ron <[e-mail]>; Powers, Mark <[e-mail]>
Subject: FW: [External] Re: NRP review
Good Afternoon Josiah & Mark,
The NRP for the Anne Johnstone Property located at 6726 Martha Melvin Road, Harrisburg 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.
Thank you,
Trudy
te D
�EQ
rtmen[a7~Lmmvn ment714u.11Y��
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 everlygncdetin 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: https://deg.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg mentig s=maps
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:
https:Hfiles.nc.Eov/ncdeci[W aste%2OMana2ement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policy.ndf
htips:Hfiles.nc. gov/ncdeg/W aste%20Management/D W M/UST/Corrective°/`2OAction[UST%2Ofile%20names%20for%2OLaserfiche. docx
From: Josiah Payne [mailto:[e-mail]]
Sent: Wednesday, December 1, 2021 12:30 PM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] Re: 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.
See revised NRP with parcel numbers. Thanks!

Josiah Payne
[phone]
0
On Wed, Dec 1, 2021 at 12:21 PM Beverly, Trudy <trudy.beverlykncdenr.gov> wrote:
Please add the parcel numbers into the Note as an extra measure to unsure that the NORP is only filed on parcel
SS077560960000 and resend the draft. Then I'll email everyone back saying that I approve it for supervisor signature.
Thank you,
Trudy
D,
Mnenr of Lmirimmentul On"
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 everlygncdenr. 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:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https:lldeq.nc.gov/about/divisions/waste-management/waste-management-rules-datalwaste-mana eg ment ig s-maDss
File Review Procedures:
https:Hdeq. nc.gov/about/divisions/waste-managementlustlfile-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https:Hdeq.nc.gov/about/divisions/waste-management/laserfiche

Document Submittal & UST File Names for Laserfiche Policies:
httys:Hfiles.nc.sov/ncdealW aste%20Manaeement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policy.ndf
https:Hfiles.nc. govincdeglWaste%20Manai4ementIDWM[UST/Corrective%2OActionlUST%20file%20names%20for%2OLaserfiche.docx
From: Josiah Payne [mailto:[e-mail]]
Sent: Wednesday, December 1, 2021 12:03 PM
To: Beverly, Trudy <[e-mail]>
Subject: [External] Re: 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.
See revised NRP. I left the property description the same since that is what is on the deed, but added a note at
the end that describes the situation. I have also attached a copy of the deed to the sold portion and plat that I
reference if you want to take a look.
Josiah Payne
[phone]
On Wed, Dec 1, 2021 at 10:20 AM Josiah Payne <josiah.creggmail.com> wrote:

Good morning, Trudy. I hope you had a great Thanksgiving!
I have attached an NRP for your approval. I have also attached a copy of our inspection report. If you have
any questions please let me know. We would like to take this NRP to Mark later today if possible. Thanks!
Josiah Payne
[phone]
0