MO-29011_48204_C_NFA_20230519_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)
Re: Notice of No Further Action
15A NCAC 02L .0407(e)
NORTH CAROUNA
Environmental Quality
May 19, 2023
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
Dear Mr. Hemby:
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 that no further action is warranted for this incident. All required actions have
been completed. On January 19, 2022, the UST Section received a certified copy of the Notice of Residual
Petroleum which is filed with the Register of Deeds. On August 16, 2022, the UST Section was provided
with proof of receipt of the conditional Notice of No Further Action letter or of refusal by the addressee to
accept delivery of the letter or with a description of the manner in which the letter was posted.
This determination shall apply unless the UST Section later finds that the discharge or release poses an
unacceptable risk or a potentially unacceptable risk to human health or the environment. Pursuant to Title
15A NCAC 02L .0407(a) you have a continuing obligation to notify the Department of any changes that
might affect the risk or land use classifications that have been assigned.
Be advised that as groundwater contamination exceeds the groundwater quality standards established in
Title 15A NCAC 02L .0202, groundwater within the area of contamination or within the area where
groundwater contamination is expected to migrate is not suitable for use as a water supply. Be advised that
as soil contamination exceeds the residential MSCCs, the area of the property containing the contamination
is suitable only for restricted residential use (The term "residential" is inclusive of, but not limited to, private
,r -o- - D E
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC
NORTH CAROLINA
Department of Environmental Dual
281151(704) 663-1699

Page 2 of 2
Incident Number 48204
May 19, 2023
houses, apartment complexes, schools, nursing homes, parks, recreation areas and day care centers), as
stipulated in the Notice of Residual Petroleum.
This No Further Action determination applies only to the subject incident; for any other incidents at the
subject site, the responsible party must continue to address contamination as required.
If you have questions regarding this notice, please contact me at by email at Trudy.Beverlykncdenr.gov or
by telephone at [phone]
Sincerely,
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Chrystal Swinger, Cabarrus County Environmental Health (via email)
Mike Downs, Cabarrus County Manager (via email)
Robert Payne, Josiah Payne, & Damien Callaghan, Cedar Rock Environmental (via email)
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 CARouNn [phone]
Department of Environmental Dual 28115

Beverly, Trudy
From: Beverly, Trudy
Sent: Friday, May 19, 2023 9:08 AM
To: Donald Hemby
Cc: Robert Payne; Josiah Payne; Damien Callaghan; Chrystal Swinger; Downs, Michael K
Subject: Donald Hemby Property - UST Incident #48204 — No Further Action
Attachments: MO-29011_48204_C_NFA_20230519_No Further Action.pdf
Please see the attached No Further Action letter for Donald Hemby Property located at 706 Pearl Avenue, Kannapolis,
Cabarrus County, North Carolina (UST Incident #48204).
Trudy
D- � E
� 15ulYly
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&deq.nc. 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: ht_pt s://deq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: htfis://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
hit2s://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment ig s=mates
File Review Procedures:
https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresvilI e-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
htips://deq.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
httys:Hfiles.nc.¢ov/ncdeci Waste%20Mana¢ement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.ndf
htt 2s:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file°/a20names%20for°/`2OLaserfiche.docx