MO-9528_40963_G_C_20191202_Conditional No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Sean Wagner
1132 Providence Road
Charlotte, NC 28207
Dear Mr. Wagner:
NORTH CAROLINA
Environmental Quality
December 3, 2019
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Wagner Property
1132 Providence Road, Charlotte
Mecklenburg County
Incident Number: 40963
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 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 and
groundwater was not sampled.
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. 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.
As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and
14313-279.11 and groundwater was not sampled, you must file the approved plat and declaration for a
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 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(&ncdenr.gov
or [phone].
Sincerely,
6&qI4"JX
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosure: Notice of Residual Petroleum (original mailed to Paragon Environmental Consultants,
Inc. for filing with the Mecklenburg County Register of Deeds Office)
cc: Ben Robinson, Paragon Environmental Consultants, Inc. (via email)
Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater &
Wastewater Services (via email)
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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
Wagner Residence 1132 Providence Road Charlotte, NC Incident # Pending
Mecklenburg County, North Carolina
Current Property Owners Deed Book # 32960 Page # 78
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 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 14313-279.9 and 14313-279.11 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 Mecklenburg County Register of Deeds'
office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Sean C. Wagner of Charlotte, North Carolina 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 6, in Block 1, as shown on map of the J.S.Harris Estate Property recorded in Map
Book 4, at Page 525 of the Mecklenburg County Public Registry.
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 Deeds receives and records the written concurrence
of the Secretary (or his/her delegate) of DEQ (or its successor in function).

PERPETUAL LAND USE RESTRICTIONS
[Restrictions apply to activities on, over, or under the land.]
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.
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
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, Sean C. Wagner has caused this Notice to be executed pursuant to N.C.G.S.
Sections 14313-279.9 and 14313-279.11, this \\�- day of Noje,,,,Uv— 2019.
By:
Signatory's name typed or printed: Sean C. Wagner
NORTH CAROLINA
MP, JJ evibuiae 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: fe M C. 01n f
Date: Noyew1w 1I, Z19
(Official Seal)
Benj min W Robinson
Ntary Public
Rowan County
North Carolina
�
si ature of Notary Public)
vlcCcvn;n In/. 6(obinso+�
(printed or typed name of Notary Public)
Notary Public A
My commission expires A YI , 2029.

A roved for the purposes of N.C.G.S. 143B-279.11
(Signature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
TATLIJ COUNTY
I certify that the following person personally appeared before me this day, each
Acknowledging to that he signed the foregoing document:
Ronald H . Taraban (full printed name of Regional Supervisor)
(Off1cial Seal)
i.
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024

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