MO-9272_40736_G_C_20181130_Hutchens Law Firm Email Exchange

Beverly, Trudy
From: John F. Renger <[e-mail]>
Sent: Friday, November 30, 2018 12:03 PM
To: Beverly, Trudy
Subject: RE: [External] 821 Coulwood
�ernal email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
Understood
Thank you, Trudy
John F. Renger I Attorney I Real Estate
John. Renger(a)hutchenslawfirm.com
I promise professional, courteous service from all members of our team. If you have any comments, questions
or concerns please contact me.
Hutchens Law Firm
6230 Fairview Road, Suite 315 1 Charlotte, NC 28210
T:704-365-4599 1 F: 704-362-9264
HutchensLawFirm.com
PRIVILEGED AND CONFIDENTIAL: This electronic message (including any attachments) is intended only for the use of
the individual or entity to which it is addressed and may contain information that is attorney -client privileged, may be
confidential work product, or may be exempt from disclosure under applicable law. If the reader of this message is not the
intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is wrongful, is strictly prohibited, and
may subject you to civil liability. If you have received this communication in error, please immediately notify us by
telephone at [phone] or by return email, and destroy any copies (electronic, paper or otherwise) that you may
have of this communication.
From: Beverly, Trudy [mailto:[e-mail]]
Sent: Friday, November 30, 2018 11:57 AM
To: John F. Renger
Subject: RE: [External] 821 Coulwood

***CAUTION: This is an external Email from "Beverly, Trudy" <[e-mail]> . Do not
click links or open attachments unless you recognize the sender and know the content is safe.***
Copies of the filed notice of residual petroleum with the Mecklenburg County register of deeds and public notice
documentation to surrounding property owners must be submitted to the UST Section (me) before the no further action
letter can be issued. When that information is received, the letter is issued shortly after. This could be slowed if there is
a state holiday, sickness, high priority issues with another site, a scheduled meeting, or training event. I try to
accommodate time sensitive requests as quickly as possible.
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina DepartmentofEnvironment Quality
Underground Storage Tanks Section
Corrective Action Branch
Mooresville Regional Office
[phone] (Office)
Trudv.Beve rlyPricdenr.gov
Erik' d OUWT 'AO nM to and from this addres5 +s subject to the
No h C:ardoa Pubkc Pecords Law and may be dwk sed to third parties.
From: John F. Renger [mailto:[e-mail]]
Sent: Friday, November 30, 2018 11:44 AM
To: Beverly, Trudy <[e-mail]>
Subject: RE: [External] 821 Coulwood
One quick question:
Generally, after all "notice" requirements have ben met, how long does it take NCDEQ to issue a No Further Action
determination (which, I presume, may also be filed with the Register of Deeds)
John F. Renger I Attorney I Real Estate)
John. Renger(cDhutchenslawfirm.com
I promise professional, courteous service from all members of our team. If you have any comments, questions
or concerns please contact me.
Hutchens Law Firm
6230 Fairview Road, Suite 315 1 Charlotte, NC 28210
T:704-365-4599 1 F: 704-362-9264
HutchensLawFirm.com

PRIVILEGED AND CONFIDENTIAL: This electronic message (including any attachments) is intended only for the use of
the individual or entity to which it is addressed and may contain information that is attorney -client privileged, may be
confidential work product, or may be exempt from disclosure under applicable law. If the reader of this message is not the
intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is wrongful, is strictly prohibited, and
may subject you to civil liability. If you have received this communication in error, please immediately notify us by
telephone at [phone] or by return email, and destroy any copies (electronic, paper or otherwise) that you may
have of this communication.
From: Beverly, Trudy [mailto:trudy.beverly(a)ncdenr.gov]
Sent: Friday, November 30, 2018 11:25 AM
To: John F. Renger
Subject: RE: [External] 821 Coulwood
***CAUTION: This is an external Email from "Beverly, Trudy" <[e-mail]> . Do not click
links or open attachments unless you recognize the sender and know the content is safe.***
Hi John,
-Glad that the letter was able to answer your questions.
Have a wonderful weekend,
Trudy
�D7 E Q
C�SiN�hhl ¢� �dMl81Nlg11FJ1 QLL511Fy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environment Quality
Underground Storage Tanks Section
Corrective Action Branch
Mooresville Regional Office
[phone] (Office)
Trudv.Beve rlvCa)ncdenr.gov
Em ou ccrrpsi: &YJenc;e to ana f in ties address +s suge_i 1p lbe
North C.ardfna Public Records Law and may be dwk)sW to third partie3.
Branch's Underground Storage Tanks Website Address: https://deg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deg.nc.gov/about/divisions/waste-
management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deg.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-maps
File Review Procedures:
https://deg.nc.gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://edocs.deg.nc.gov/WasteManagement/Search.aspx

Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.gov/ncdeq/Waste/20Management/DWM/UST/Corrective%20Action/Electronic%20Document%20Submi
ttal%20Memo%20Update.pdf
https://files.nc. gov/ncdeq/Waste%20Management/DWMIUST/Corrective%20Action/UST°/`20file%20names%20for%20
Laserfiche.docx
From: John F. Renger [mailto:[e-mail]]
Sent: Friday, November 30, 2018 11:02 AM
To: Beverly, Trudy <[e-mail]>
Subject: [External] 821 Coulwood
Good morning
Earlier today I left you a voicemail regarding the above referenced property— though I knew you would not receive the
voicemail until Monday since you are working remotely today
You may disregard my voicemail as the attached letter was just provided to me and has answered most of my questions
Thank you
John F. Renger I Attorney I Real Estate)
John. Renger(cDhutchenslawfirm.com
I promise professional, courteous service from all members of our team. If you have any comments, questions
or concerns please contact me.
Hutchens Law Firm
6230 Fairview Road, Suite 315 1 Charlotte, NC 28210
T:704-365-4599 1 F: 704-362-9264
HutchensLawFirm.com
PRIVILEGED AND CONFIDENTIAL: This electronic message (including any attachments) is intended only for the use of
the individual or entity to which it is addressed and may contain information that is attorney -client privileged, may be
confidential work product, or may be exempt from disclosure under applicable law. If the reader of this message is not the
intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is wrongful, is strictly prohibited, and
may subject you to civil liability. If you have received this communication in error, please immediately notify us by
telephone at [phone] or by return email, and destroy any copies (electronic, paper or otherwise) that you may
have of this communication.

ROY COOPER
Governor
MICHAEL S. REGAN
Secrerary
MICHAEL SCOTT
Director
Attn: Seth Wofford
S W Residential Design & Construction LLC
768 Pinnacle Drive
Iron Station, NC 28082-0105
(via email)
Dear Mr. Wofford:
NORTH CAROLINA
Environmental Quality
November 30, 2018
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Digiampaolo Residence
821 Coulwood Drive, Charlotte
Mecklenburg County
Incident Number: 40736
Risk Classification: Low
The Soil Cleanup Report/ Site Closure Request received by the UST Section, Division of Waste Management,
Mooresville Regional Office on November 29, 2018 has been reviewed. The review indicates that soil contamination
exceeds the residential maximum soil contaminant concentrations (MSCCs) established in Title 15A NCAC 2L .0411.
North Carolina General Statute (NCGS) 14313-279.9 and 14313-279.11 require a Notice of Residual
Petroleum (Notice) to be filed with the Register of Deeds in Mecklenburg County, where the release is located,
when a release from an underground storage tank has not been remediated to below "unrestricted use standards".
The Notice is required either prior to conveyance of a contaminated property or prior to receiving a Notice of No
Further Action. "Unrestricted use standards" for groundwater are the groundwater quality standards and interim
standards contained in Title 15A NCAC 2L .0202, and "unrestricted use standards" for soil are the residential
maximum soil contaminant concentrations (MSCCs) established in Title 15A NCAC 2L .0411.
The Notice must be prepared in accordance with the instructions and format found in the Instructions and
Form for Notice of Residual Petroleum with Alternate Land Use Restriction available at the following link
https://deq.nc.gov/about/divisions/waste-management/ust/forms. It must contain a legal description of the
property containing the source of contamination and legal descriptions of any other properties which you own (or
control) which are contaminated by the release. The Notice must also include appropriate land use restrictions for
these properties (soil and groundwater). In addition, the Notice must identify all other properties (adjacent,
adjoining, downgradient, etc.) on which contamination is known to exist at the time the Notice is prepared.
NORTH C+4RpL'Yn� E Q2�
u.prmwq of EmlmmYeHsl Q.
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional 0Mce 1 610 East Center Avenue, Suite 301 1 Mooresville. North Carolina 28115
704.663.1699

The Notice of Residual Petroleum must be sent to this regional office of the UST Section within 30 days
of the date of this letter for approval and notarization. The approved and notarized Notice must then be filed by
you with the Register of Deeds, and a certified copy of the filed Notice must be submitted to this office within 30
days of its return to you.
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 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 notice of residual petroleum by this office; and on receipt of confirmation that public
notice requirements have been completed, as described in the following paragraphs.
Public notice in accordance with 15A NCAC 2L .0409(b) also is required. Thus, within 30 days of
receipt of this letter, a copy of the letter must be provided by certified mail, or 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 office must be provided with
proof of receipt of the copy of the letter or of refusal by the addressee to accept delivery of the copy of the letter
or with a description of the manner in which the letter was posted. Interested parties may examine the Soil
Cleanup Report/ Site Closure Request by contacting this regional office and may submit comments on 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 by email at
Trudy.Beverlykncdenr.gov or telephone at [phone].
Sincerely,
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Shawna Caldwell, Mecklenburg County Health Department
NORTH C.4R0.'+1A�E Q�
u.prm n of En- r,nn H-, 9Nor
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional 0Mce 1 610 East Center Avenue, Suite 301 1 Mooresville. North Carolina 28115
704.663.1699