MO-9465_40905_G_C_20190607_Conditional NFA Letter

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
June 7, 2019
Harborne Homes LLC
Attn: Kathy Harborne
4319 Links Drive,
Charlotte, NC 29277
(via email)
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Harborne Homes LLC Property
1725 Birchcrest Drive, Charlotte
Mecklenburg County
Incident Number: 40905
Risk Classification: Low
Dear Ms. Harborne:
A review of information on file with the Underground Storage Tank (UST) Section, Division of
Waste Management, Mooresville Regional Office indicates that soil contamination meets the cleanup
requirements for a low -risk release under Title 15A NCAC 2L .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 (or NRP, see attached) 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; 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 area 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.
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and
143B-279.11, you must file the approved plat 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.
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 documentation
showing that each party included in the listing above either received or affirmatively refused to accept
delivery of the copy of the letter, 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 a,ncdenr.gov
or [phone].
Sincerely,
J,
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Notice of Residual Petroleum (Original mailed to Cedar Rock Environmental)
cc: Brett Morris and Shawna Caldwell, Mecklenburg County Health Department (via email)
Robert Payne, Josiah Payne, & Damien Callaghan, Cedar Rock Environmental (via email)
9�- .
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North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

NOTICE OF RESIDUAL PETROLEUM
Harborne Homes LLC Property Mecklenburg County, North Carolina
(Site name)
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 14313-279.9 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 14313-279.9 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
Mecklenburp, Register of Deeds' office Book , Page
(name of county)
Any map or plat required by DEQ has been/shall be recorded at the Register of
(name ofcounry)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Source Property
Harborne Homes. LLC c/o Kathy Harbome of Charlotte. North Carolina
(Owner's name) (city & state ofhomeowner)
is the owner in fee simple of all or a portion of the Site, which is located in the County of Mecklenburg,
State of North Carolina, and is known and legally described as:
BEING ALL OF Lot 35 in Block 4 of Darby Acres as same is shown on map thereof
recorded in Map Book 7, Page 1 of the Mecklenburg County, North Carolina Public
Registry. (Excerpted from Mecklenburg County Register of Deeds Book 33405, Page 204).
Return to:
Revised January Is, 2013
Cedar Rock Environmental, P. C.
Page 1 of 4
107 Pioneer Trail
Graham, NC 27253

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 Mecklenburg 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 A. 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 January 15, 2013
Page 2 of 4

IN WITNESS WHEREOF, Harbome Homes. LLC c/o Kathy Harborne has caused this Notice
to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 291h day of May, 2019.
Harborne Homes. LLC c/o Kathv Harbome
(name res onsible gart)� i ent is signing)
By:
(signature ofresponsible parry, attorneyor other agent ifthere is one)
President. Cedar Rock Environmental, P. C.
(Title ofagent for responsible party ifthere is one)
Signatory's name typed or printed: Robert A. Payne
NORTH CAROLINA
Ae,,incnG� 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: /M u,,j Z 2.U1 a
(Official Seal)
JOSIAH D PAYNE
NOTARY PUBLIC
ALAMANCE COUNTY, N.C.
My Commission Expires 10-22-2020.
(410atureofNotaryPublic)
.JoScc:� L%. �a.il'IC
printed or typed name of Notary Public)
Notary Public
My commission expires: O�4, ? i4 ZoZo
Revised January 15, 2013
Page 3 of 4

p rove for the purposes of N.C.G.S. 14313-279.11
nature of Regional Supervisor)
Ronald H. Taraban, Ph.D.
Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environment and Natural Resources
NORTH CAROLINA
COUNTY
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:
Ronald H. Taraban, Ph.D. (full printed name of Regional Supervisor)
Date: 0 Zmf C=jv�� k. a
Sherian R. Black
Notary Public
Notary Public Number 20041820022
(Official Seal) `,PNuRZz��'''
"Z" �pTA F? kC'l'
MY
C�A4M"10N'X:� ES
My commission expires:
July 12, 2019

ATTACHMENT
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.
James Williams
Property Amy Penwell
Property
� T1 \'f
House
Nhon Van Tran
Property
b\
0 20 40 80
1 Inch = 40 Feet
PROJECT: Harborne Homes LLC Property
INCIDENT # Pending
LOCATION: 1725 Birchcrest Drive
Charlotte, Mecklenburg Co.
CRE PROJECT NUMBER: 269222590
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
— - — : Property Lines
: T1 = 510-Gallon UST
CEDAR ROCK
ENVIRONMENTAL, P.C. FIGURE 1
FILENAME: 2692-Fig1.fc7
VERSION DATE: 5/27/19

Beverly, Trudy
From: Beverly, Trudy
Sent: Friday, June 7, 2019 11:02 AM
To: Kathy Harborne
Cc: Caldwell, Shawna; Morris, Brett L.; Robert Payne; Josiah Payne; Damien
Callaghan
Subject: Harborne Homes LLC Property - Incident #40905 — Conditional NFA Letter
Attachments: MO-9465_40905_G_C_20190607_Conditional NFA Letter.pdf
Kathy,
Please see the attached Conditional No Further Action letter for Harborne Homes LLC located at 1725 Birchcrest
Drive, Charlotte, Mecklenburg County, NC (Incident #40905).
It was great speaking with you by phone today about home heating oil underground storage tanks (usts). You
may find the following information about home heating oil usts, online maps, and files useful in your realty
business.
Home heating oil underground storage tanks are not and haven't been regulated in the state of North
Carolina. The UST section only has records of those that have been reported to our agency. These reports a
generally result from notifications of contamination or tank removals at properties where parties are seeing "no
further action" status. Home heating oil tanks are non -regulated, non-commercial underground storage tanks
(USTs) that are exempt from the "technical regulations" (e.g., leak detection monitoring, corrosion protection,
spill and overfill control) that apply to regulated USTs. Even though home heating oil tanks are exempt from
these technical regulations, sampling and cleanup regulations may apply if there is a leak or spill from your
tank. If there is no evidence of a release, then there is no need to report to the UST Section. The links below
provide additional information.
If a leak is discovered under the current ownership of the property, the current property owner is considered
the responsible party for clean-up. Many companies do environmental work related to underground storage
tanks. Typically, they can be found in the yellow pages of a telephone book under "Environmental
Consultants." The DWM UST Section provides a list where companies that do environmental work can provide
their information. This list is called the "UST Service Provider Listing" it is located at
http://deg.nc.gov/about/divisions/waste-management/ust/service-provider-listing. When choosing a company,
we recommend getting several estimates and references. Site assessments and cleanup work must be
conducted under the responsible charge of a licensed geologist or professional engineer.
Please note that before you sell, transfer, or request a "No Further Action" determination for a property that has
not been remediated to below "unrestricted use" standards, you must file a Notice of Residual Petroleum
("Notice") with the Register of Deeds in the county where the property is located (NCGS 14313-279.9 and 14313-
279.11).
Underground — Heating Oil Tanks
Non -Regulated Underground Storage Tanks — Frequently Asked Questions
httas://files. nc.izov/ncdea/Waste%20ManaRem ent/DWM/UST/Brochures-FAQs/Brochure- Non Ree%20UST. pdf
Home Heating Oil Underground Storage Tanks — General Guidance
https://files.nc.gov/ncdeq/Waste%20Management/DWM/UST/Brochures-FAQs/FAQ-
Home%20Heating%20UST.pdf

Non -Regulated Noncommercial Petroleum UST Systems (Underground Heating Oil Tanks) Flowchart
https://files.nc.gov/ncdeg/Waste%20Management/DWM/UST/Brochures-
FAQs/H HO%20Tank%20Flowchart%20070717.pdf
Below is some general information about searching for sites and files within the NC DEQ Division of Waste
Management and UST Section:
All branches/groups within the Division of Waste Management (DWM) have individual interactive Geographic
Information System (GIS) maps available to the public. Click on the Interactive Maps link below. Select the
DWM map you are interested in searching for sites from the right side of the webpage. Use the UST Incidents
map to search for UST sites.
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deg.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-management-
gis-maps
You can enter an address to the map, zoom in on an area, and pan around to see if that group has a site
nearby. When you click on the symbols, site information will be displayed. Scroll down through the site
information. Clicking on the docs link at the bottom will take you to available electronic site files for viewing
and downloading on Laserfiche (pdf format, free to the public).
The Division has a site locator tool that combines the different groups on one map. The combined map is good
for a general locator for UST sites and for a link to available electronic files. The individual Underground Storage
tanks Incidents map and UST Registered Tanks map give more details. See the following link and
information: "The division has created the Division of Waste Management Site Locator Tool that provides free
online access to currently available information about the sites that the Division of Waste Management manages,
permits and inventories. The Tool is a GIS-based application that consolidates all of the Division's sites into an
interactive map. It provides this information in a simple map format, and has the capability to query, create
reports, overlay GIS layers, print maps and link to site -specific documents. The search window has been
programmed, so that people can find sites by address, name or identification number."
DWM electronic files can also be searched on Laserfiche at the following link:
https://edocs.deg.nc.gov/WasteManagement/Search.aspx?searchcommand=%7b%5bWM%5d%3a%5bProgram
I D%5d%3d%22* MO-2911*%22%7d&dbid=0
Use the UST number for the Program ID when searching for UST files at the DWM Laserfiche link.
Not all UST sites have electronic files. Many files are only available in paper format at the Mooresville Regional
Office (address below). If you would like to view paper files for a site, open file reviews are on Mondays for the
public (no appointment, 8:00am-4:00pm). If Mondays do not work with your schedule, you can make an
appointment with the site's project manager to view the file on a different day.
File Review Procedures:
https://deg.nc.gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
North Carolina Department of Environmental Quality
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
[phone]
Trudy
DE y
NORTH GAROLINA
Department of Environmental Quality
T � '�, Lam.
of Mzw Aem4pmm
Noah Cmin D GEMWrMamd Quft
UST Sva6u, Momudk Rq*nd Offim
(7" 23S,21i2 (O
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Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: hlWs:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: htlps:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-
rp ogram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://deu.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-mans
File Review Procedures:
https://deq.nc. gov/about/divisions/waste-manalzement/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
httns://edocs.deu.nc. aov/WasteManaizement/Search.asnx
Document Submittal & UST File Names for Laserfiche Policies:
https:Hfiles.nc. gov/ncdeq/Waste%20ManagementIDWM/UST/Corrective%20Action/Electronic%20Document%20Submittal
%20Memo%20Update.pdf
https://files.nc. gov/ncdeq/Waste%20Mana,gement/DWM/UST/Corrective%20Action/UST%20file%20names%20for%20Las
erfiche.docx