MO-29011_48204_G_C_20220801_Conditional No Further Action

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
Donald Hemby
520 Sweet Peach Lane
Fort Mill, SC 29715
(via email)
Dear Mr. Hemby:
NORTH CAROLINA
Environmental Quality
August 1, 2022
Re: Conditional No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Donald Hemby Property
706 Pearl Avenue, Kannapolis
Cabarrus County
Incident Number: 48204
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 when 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,
filed January 19, 2022); 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.
,r -o- -Mooresville
D E 1 �
North Carolina Department of Environmental Quality I Division of Waste Management
Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC
NORTH CARouNn
Department of Environmental Dual
28115 [phone]

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 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 (see attachment, filed January 19, 2022).
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.gov or by phone at [phone].
Sincerely,
� I'l'l &4-
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Chrystal Swinger, Cabarrus County Environmental Health (via email)
Robert Payne, Josiah Payne, & Damien Callaghan, Cedar Rock Environmental (via email)
Attachment: Notice of Residual Petroleum
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
nAaouNn ent of Environmental Dual

15793 0334 FILED ELECTRONICALLY
CABARRUS COUNTY NC
Ium21V4Zpan ZNwN]ZI
FILED Jan 19, 2022
AT 08:58:00 AM
BOOK 15793
START PAGE 0334
END PAGE 0339
INSTRUMENT # 02021
EXCISE TAX $0.00
NOTICE OF RESIDUAL PETROLEUM
Donald Hemby Property 48204 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
submitted electronically by "Cedar Rock Environmental, P.C."
in compliance with North Carolina statutes governing recordable documents
and the terms of the memorandum of understanding with
the office of the Register of Deeds of Cabarrus county. NCGS 47-14(al)(5).

15793 0335
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

15793 0336
IN WITNESS WHEREOF, Donald Thomas Hemby has caused this Notice to be executed
pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 14t' day of January , 2022.
Donald Thomas Hemby
(name po stble party if agent is signing)
By:
(signature of responsible party, attorney or Wer 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. Payne
NORTH CAROLINA
A-(&M,;,Ace- 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: T.-Al e-1 141, wz z
(Official Seal)
JOSIAH D. PAYNE
Notary Public
Alamance Co., North Carolina
My Commission Expires Oct. 22. 2025
(' ature of Notary Public)
D, ?
printed or typed name of Notary Public)
Notary Public
My commission expires: 7?- '-20zg
Revised February 5, 2019
Page 3 of 4

15793 0337
Approved for the purposes of N.C.G.S. 14313-279.11
(signature of Regional Supervisor)
4412.1t 12, POe✓^egional Supervisor
(printed name of Regional Supervisor)
Rif Z-Cr,/,-A/ Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
W, ce _ 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: Mcv-Icg2. & L.,Zr Gull printed name of Regional Supervisor)
Date: 'Tc,0,LAC"'
(Official Seal) (sr ature of Notary Public) '
:
JOSIAH D. PAYNE S ���� � � Q�.,���—
printed or typed name of No ary Public)
Notary Public Notary Public
Alamance Co., North Carolina
My Commission Expires Oct, 22, 2025
My commission expires: 0,a-22,2ct�j-,E'
Revised February 5, 2019
Page 4 of 4

15793 0338
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

15793 0339
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
i Property'
� Lance Harvey
Property
-T
T1 '
House Charles Harrington
Property
Jesse Jones I
Property
0 20 40 80
1 Inch = 40 Feet
PROJECT: Donald Hemby Property
INCIDENT # 48204
LOCATION: 706 Pearl Ave
Kannapolis, Cabarrus Co.
CRE PROJECT NUMBER: 334822690
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
— - Property Lines
T1 = 560-Gallon UST
CEDAR ROCK
ENVIRONMENTAL, P.C. FIGURE 1
FILENAME: 3348NoRP.fc7
VERSION DATE: 1/7/22

Beverly, Trudy
From: Beverly, Trudy
Sent: Monday, August 1, 2022 11:00 AM
To: 'Donald Hemby'
Cc: Robert Payne; Josiah Payne; Damien Callaghan; Chrystal Swinger; Downs, Michael K
Subject: Donald Hemby Property - UST Incident #48204 — Conditional No Further Action
Attachments: MO-29011_48204_G_C_20220621_Conditional No Further Action.pdf
Please see the attached Conditional No Further Action letter for Donald Hemby Property located at 706 Pearl Avenue,
Kannapolis, Cabarrus County, North Carolina (UST Incident #48204).
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
_ North Carolina Department of Environmental Quality
rawer Duaft. UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.Beverly(ancdenr. 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://deq.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:
httns://dea.nc. gov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans
File Review Procedures:
htips: //deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
fts://deq.nc.gov/about/divisions/Waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.gov/ncdegfWaste%2OManagement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.pdf
https:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file°/a20natnes°/`20for%2OLaserfiche.docx