MO-8965_40464_G_C_20190611_Conditional NFA & NORP for Filing

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
June 11, 2019
Sifen, Inc.
Attn: Barry Sifen and Ashley Dickerson
2929 Sabre Street
Virginia Beach, VA 23452
(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
Keffer Collision (Former)
4800 East Independence Blvd, Charlotte
Mecklenburg County
Incident Number: 40464
Risk Classification: Low
Dear Mr. Sifen:
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 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 contamination may exceed the groundwater quality standards established in
Title 15A NCAC 2L .0202, groundwater within the area where contamination is present or is expected to
migrate is not suitable for use as a water supply. Be advised that as soil contamination may exceed the
mrrou hrlp` /�
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

residential MSCCs, the property containing the soil contamination is suitable only for industrial /
commercial use as stipulated in the Notice of Contaminated Site (attached).
As groundwater contamination may exceed the groundwater quality standards established in Title
15A NCAC 2L .0202, and soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-
279.9 and 14313-279.11, you must file the approved plat and declaration for a Notice of Residual Petroleum
(attached) 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 groundwater contamination may exceed the groundwater quality standards established in Title
15A NCAC 2L .0202, and 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 trust fund eligibility or reimbursement from the Commercial
Leaking Petroleum Underground Storage Tank Cleanup Funds, please contact the UST Section Trust Fund
Branch at [phone].
If you have any questions regarding this notice, please contact me by email at
Trudy.Beverlykiacdenr. og_v or telephone at [phone].
Sincerely,
� q,'L �e4
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater &
Wastewater Services (via email)
Joseph Nestor, ECS Southeast, LLP (email & mail NORP)
Attachment: Notice of Residual Petroleum (Original mailed to Joseph Nestor, ECS Southeast, LLP)
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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
_Former Keffer Collision 4800 East Independence Boulevard, 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 Environment 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 Environment 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 143B-279.9 and 143B-279.11 and has/shall be recorded at the Mecklenburg County
Register of Deeds' office
Book , Page
Any map or plat required by DEQ has been/shall be recorded at the Register of
(name of county)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Source Property
Wilson 301, LLC of Charlotte, North Carolina is the owner in fee
(owner's name) (city & state of homeowner)
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:
Revised February 5, 2019

EXIMB1T A
PROPERTY OF WILSON 3,01, LLC
Lot 1, 4930 E. Independenea B Ivd.
and
Lot 2:4800 EIndependence Blvd_ -.--
jigs j: Mocklenburg County T" Parcet Identification Number 16MI3-00
BEOD NI1v0 at an existing iron pin located S. 76-16-52 W. 77.93 feet from the apparerit
intersection of 01cndom Drive and Independence Boulevard (U.S.1-lighway No. 74)
(Wcpendenec Boulevard having a right-of-way 150 foot in widit), as shown on lbe attaebod
survey; and running thence from said Beginning point of the with the Northwesterly right -of --way
of Glendora Drive in lhrete oourses as follows: (1) 5. 54-39w2 W, 28.43 feel to a point; (2) with
the arc of a circulaT curve to the lcft having a radius of 1,077.99 feet, an = distance of 205,54
feet (with a chord bearing of S. 49-2-14 W. and a chard distance of 205.23) to a point; and (3)
with the arc of a circular curve to the left having s radius of 7,425.64 foot, an arc 64ance of
Z9.62 feet (with a chord baring of S. 43-44-10 W. and a chord distance of29.42 fact) to a point;
cornering. thawo N. 45-59-55 W .199.04 foot to a pcyint; thence N. 45-59-55 W, 80,11 feet to a
point; cornering, thence N. 50-13-40 E. 14,42 feet to a point; thence N.49-51-7 E. 301.80 feet to
an existing iron pin in the 5outhwe ste dy right-of-way of I WgMdenC0 90WCM44 eo¢neaitt$,
thence with the Southwesterly right-oaf-wayofindepe dwee Boulevard S.34.58-S5 E. 275.04
feet to the point and place of Elegmn9ng; all as shown on the attached survey dated September 18,
2014 ter Wilson 301,1W, by Boundary Zane, Inc,'11is conveyance intending to be of the retire
property transferred to Rieitard W. Kamer, Jr. ,and wwife, Constance 0. Kcffer by Deed r ecordcd in
Book 10528, Page 226 in theMecl jca6urg County Register of Deeds.
L&U; Mecklenburg County Tax Farce] Identification Number 1.63-013-05
BE INN G at an existing iron pin on the Southwesterly edge of Independence
Boulevard, said Beginniing point being 5.34-58.55 E. 275.04 feet; thence N. 76-16.52 E. 77.93
feet from the apparent iateraectioa of Glftdora Drive and hidependenoe Boulevard (U.S,
Highway No. 74) { Inrdepen4ence Boulevard having a right-of-way 1 % foot in width), as spawn
on the attached survey (being the point ofbegitnting for Lot 1 above), toad naming thence from
said Beginning point S. 49-51-7 W. 301.80 fed to a point; cornering, thence N. 34-41.50 W,
601.25 fret to a point located in the Southeasteaiy rear comer of the property belonging to
Atuomotive -Group, LLC, thence with the Southerly and Souttheaataiy edge of the Automotive
Group, LLC property, N. 55.18.30E. 300.26 feet: to a point, comei'ing, thetux with the
Southwesterly c4ge, of independence 13oulavard, S. 34-42-52 E. 572.55 ferl to the point or place
of Beginning; all as shown on theattwhed surveydated Septemkmw 18, 2014 for Wilson 301,
LLC, by Boundary Zane, Inc. This conveyance intendiag to be of the entire property trusfcsed
to Richard W. Keifer, Jr. end wife, Constanoe O. Keifer by Deed recorded in Book 5909, Page
468 in the Mecklenburg County Rogister of Decds.
PRE TM.IIN,4RY NOT FOR RECORDATION, SALE OR CONVEYANCE.
Revised February 5, 2019

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 County
Register of Deed receives and records the written concurrence of the Secretary (or his/her delegate) of
DEQ (or its successor in function).
Revised February 5, 2019

PERPETUAL LAND USE RESTRICTIONS
Soil: The Site shall be used for industrial/commercial use only. Industrial/commercial use means a use
where exposure to soil contamination is limited in time and does not involve exposure to children
or other sensitive populations such as the elderly or sick. The real property shall not be
developed or utilized for residential purposes including but not limited to: primary or secondary
residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds,
parks, recreation areas and/or picnic areas.
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.
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.
IN WITNESS WHEREOF, Wilson 301, LLC has caused this Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 14313-279.11, this IG day of 1�4\Q-- 52019.
(name of sponsibl parry i agent is signing)
By: /-ter
(signature of responsible party, attorney or other agent if there is one)
(Title of g tf responsible parry if there is one)
Signatory's name typed or printed:
FLORIDA
Q ,... °3'CO,,fi , 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: a cr
Date: C 2
(Official Seal) (sig,u o orary, P
o��,�Y r�QC MAC DENNIS JR C e1v ° s
Notary Public - State of Florida
y (printed or typed name of Notary Public)
Commission ✓I GG 267414
My Comm. Expires Oct 31, 2022
Bonded through National Notary Assn, (� Notary Public
/ �,(1� ,/�t�•f LA �� � �" My commission �' 01 3 t ('Z(j`2-
cxp'<res: � Zt7,�'2i
Revised February 5, 2019

A p oved for the purposes f N.C.G.S. 143B-279.11
1�
(signature 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 CARO//LINA
TW e l I 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,
(Official Seal) ,Z. oTARy
y � t
MY
COMMISSION EXF"ES
I (A
AC.
V
�4_ Cou''
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2019

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Tax Map
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Mecklenburg County GIS FORMER KEFFER DODGE
Approximate Scale: As Shown c' 4800 EAST INDEPENDENCE BOULEVARD
CHARLOTTE, MECKLENBURG COUNTY,
NORTH CAROLINA
ECS PROJECT NO. 08-10205-E

Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, June 11, 2019 3:44 PM
To: Joseph Patrick Nestor; Ashley Dickerson
Cc: Caldwell, Shawna; Morris, Brett L.
Subject: Keffer Collision (Former) - Incident #40464 — Conditional No Further Action
Attachments: MO-8965_40464_G_C_20190611_Conditional NFA & NORP for Filing.pdf
Please see the attached Conditional No Further Action Letter for Kieffer Collision (Former) located at 4800 East
Independence Blvd, Charlotte, Mecklenburg County, NC (Incident #40464). The original Notice of Residual
Petroleum is going out with today's mail to Joe Nestor (ECS Southeast, LLC) for filing with the Mecklenburg
County Register of Deeds office.
Trudy
�DE
NORTH CAROI.INA �
r.-I.A t';
Department of Environmental Quality its
Halft L.G.
; of Mzw Aem4pmm
LEI &-cW% Momen. : Rgjaml Offim
(7" 23S,21i2 (O
ahr
L-rrAi! correspondence to and from this address is subject to the
North Carolirja Public; Pwy.)rds Law and may be disc:lased 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-
rp o,gram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment- imps
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):
hltps:Hedocs.deq.nc.gov/\VasteManagement/Search.aspx
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc. eov/ncdea/Waste%20Manaizement/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal
%20Memo%20Update.pdf
httDs:Hfiles.nc. eov/ncdea/Waste%2OManaeement/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLas
erfiche.docx