12033_N Tryon_ LUR 4 Letter

December 17, 2021
Sent Via E-mail Matt Browder Summit Avenue Northend, LLC
1440 South Tryon Street, Suite 104
Charlotte, NC 28203 [e-mail] Subject: Annual Sampling Required by Land Use Restriction (LUR 4) North Tryon Commercial
Charlotte, Mecklenburg County
Brownfields Project No. 12033-08-060 Dear Mr. Browder, The North Carolina Department of Environmental Quality (DEQ) Brownfields Program received and reviewed the Report of Groundwater Sampling Activities and Request to Terminate Monitoring (Report) submitted on your behalf by Mr. William Frazier, PG of Terracon Consultants,
Inc. The request was to eliminate the sampling requirement in Land Use Restriction No. 4 in the Notice of Brownfields Property. The Notice was recorded on April 9, 2013, by MV Tryon II, LLC. It was recorded at the Mecklenburg County Register of Deeds in Book 28224, Page 536. In the Notice, LUR No. 4 states the following: 4. A groundwater monitoring well is to be installed down-gradient (north-northeast), screened across the water table, and sampled for volatile and semi-volatile organic compounds, using the most current versions of the U.S. Environmental Protection Agency’s Methods 8260 and
8270, within two (2) weeks after well installation, then annually for five (5) years. After the
completion of the five year period, the Prospective Developer may submit to DENR a request to
terminate such sampling including the public health rational for such termination. The then owner
of the Brownfields Property’s affected portion shall sample and maintain the well. Upon review of the Report, DEQ hereby approves your request to cease groundwater sampling as contaminant levels have remained steady or decreased. DEQ is requiring the groundwater monitoring well to remain and kept in good condition. Additional sampling may be required for future redevelopment in the coming years. Be advised that the current property owner is still required to submit an annual LUR Update, but the sampling in LUR 4 is no longer required. Please refer to this correspondence in future LUR Updates.

Please be advised that this compliance review from DEQ Brownfields does not waive any applicable requirement to obtain any necessary permits, licenses or certifications which may be required from other
state or local entities. If you have any questions, please feel free to contact me at [phone], or via e-mail at [e-mail]. Sincerely,

Carolyn F Minnich Project Manager Brownfields Program ec: BFPropertyManagement [e-mail] Laura (Boorman)Truesdale [e-mail]
Chris Walker [e-mail]
Frazier, William O [e-mail]