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Home My WebLink AboutMO-9406_40849_C_NFA_20190207_Conditional NFAROY COOPER Governor MICHAEL S. REGAN Secrerary MICHAEL SCOTT Dfrecror Joy Wayman NC Department of Administration State Property Office Mail Service Center 1321 Raleigh, NC 27699-1321 (via email) Dear Ms. Wayman: NORTH CAROLINA Environmental Quality February 7, 2019 Re: Conditional Notice of No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Exeter Meadow Oak 4101 Meadow Oak Drive, Charlotte Mecklenburg County Incident number: 40849 Risk Classification: Low The UST Closure / Site Closure Request and Limited Site Assessment Reports received by the UST Section, Division of Waste Management, Mooresville Regional Office on October 24, 2018 and February 6, 2019 have been reviewed and approved. The reports indicate that soil contamination exceeds the lower of the residential or soil -to -groundwater maximum soil contaminant concentration (MSCCs) established in Title 15A NCAC 2L .0411. Therefore, the UST Section hereby confirms that you must comply with assessment and reporting requirements of Title 15A NCAC 2L .0405, within the timeframes specified in the attached rule. 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 (NRP) 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 on receipt of confirmation that public notice requirements have been completed, as described in the following paragraphs. N ;,C�-NAI. w0.,ft North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Offlee 1 610 East Center Avenue, Suite 301 1 Mooresville. North Carolina 28115 704.663.1699 Be advised that as soil contamination exceeds the residential MSCCs, the property containing the contamination is suitable only for industrial/commercial use, as stipulation in the Notice of Residual Petroleum. As soil contamination exceeds the residential MSCCs, pursuant to NCGS 14313-279.9 and 14313- 279.11, you must file the approved 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 exceeds the lower of the soil -to -groundwater or residential MSCCs, 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 at Trudy.Beverly&ncdenr.gov or (704) 235-2182. Sincerely, ate.&V Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Joseph Nestor, ESC, 1812 Center Park Drive, Suite D, Charlotte, NC 28217 (NORP) Shawna Caldwell, Mecklenburg County Health Department Adam Duerr, Exeter 4100 Meadow Oak, LLC, 6285 Barfield Road, Suite 224, Atlanta, GA 30328 Joseph Nestor, Matt McDuffie, Michelle Forness, & Brandon Fulton, ECS Southeast, LLP (via email) NC Department of Public Safety, Central Engineering (via email) N HC�-NAI. w0.,ft North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Offlee 1 610 East Center Avenue, Suite 301 1 Mooresville. North Carolina 28115 704.663.1699 NOTICE OF RESIDUAL PETROLEUM Exeter Meadow Oak, Incident Number: 40849, 4101 Meadow Oak Drive, Charlotte, Mecklenburg County, North Carolina Current Property Owner's Deed: Book 605 Page 143 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 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. 1 of 4 Source Property The State of 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 35 IN BLOCK 4 AS SHOWN ON MAP OF CLAIREBORNE WOODS, MAP 4 SUBDIVISION WHICH IS RECORDED IN MAP BOOK 24, AT PAGE 509 IN THE MECKLENBURG COUNTY PUBLIC REGISTRY, REFERENCE TO SAID MAP BEING HEREBY MADE FOR A PARTICULAR DESCRIPTION THEREOF. 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. 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. 2of4 IN WITNESS WHEREOF, Tim Walton has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this �^ay of ,vaa 20/9�. State of North Carolina, Dept. of Administration By: . /�✓' l�lt�7� Title: Director, State Property Office Signatory's name typed or printed: % t'1 04-t--7`V/Q NORTH CARPLINA L COUNTY (Name of county in which acknowledgment was taken.) I certify that the following person personally a 1�earedppefore me this day, acknowledging to me that he or she signed the foregoing document: /.' �f��0i✓ Date:yZ/ % (Official Seal) (sig/y ?ffttary,,X,, i?iLa (Printed or typed name of Notary Public) expires: > 13012 Z Notary Public My commission 3 of 4 Coved for the purposes of N.C.G.S. 14313-279.11 (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 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) Dat : 2t A (Official Seal) �. SNE .... _vio fit III%% ES�h-erian R. Black t' Public Notary Public Number 20041820022 My commission expires: July 12, 2019 Beverly, Trudy From: Joseph Patrick Nestor <JNestor@ecslimited.com> Sent: Thursday, February 7, 2019 4:56 PM To: Beverly, Trudy Cc: Adam Duerr; Matthew H. McDuffie, P.G.; Brandon Fulton, LSS, PSC, PWS Subject: RE: [External] NCDEQ Incident No. 40849 - ECS Project No. 49-6535-L (Meadow Oaks Industrial) - 4101 Meadow Oak Drive - Charlotte external email. D^ nnr rlirk links or open attachments unless you verify. Send all suspicious email as an attachment to 0 Thank you Trudy for getting on this so quickly. ECS and our client sincerely appreciate it. JOSEPH PATRICK NESTOR I Environmental Senior Project Manager ECS SOUTHEAST, LLP T 704.525.5152 1 C 704.280.7422 www.ecslimited.com Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient. From: Beverly, Trudy [mailto:trudy.beverly@ncdenr.gov] Sent: Thursday, February 7, 2019 4:40 PM To: Wayman, Joy; Joseph Patrick Nestor; Adam Duerr Cc: Matthew H. McDuffie, P.G.; Brandon Fulton, LSS, PSC, PWS; SVC_DPS.engdiv Subject: RE: [External] NCDEQ Incident No. 40849 - ECS Project No. 49-6535-L (Meadow Oaks Industrial) - 4101 Meadow Oak Drive - Charlotte Please see the attached Conditional No Further Action letter for Exeter Meadow Oak located at 4101 Meadow Oak Drive, Charlotte. Joe —The original Notice of Residual Petroleum for filing with Mecklenburg County and a copy of the conditional letter will be mailed to you tomorrow. Trudy T '*-, Lam. 10, Ica& a lto. ur 1 uft r oan I caRou va UST $CQiii4 Moun1ille �6 Of k, Department of Environmental quality 235-21 82 (OW 1�r.�ir+�rlr Small correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed 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://deq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment- ig s-maps File Review Procedures: https://deq.nc. gov/about/divisions/waste-management/ustlfile-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hLtps:Hedocs.deq.nc.gov/WasteManagement/Search.asp Document Submittal & UST File Names for Laserfiche Policies: https://ddei3-0- ctp.trendmicro.com:443/wis/clicktime/v 1 /query?url=https%3 a%2f %2ffiles.nc. gov%2fncdeq%2fWaste%2520Management%2fD WM %2f UST%2fCorrective%2520Action%2fElectronic%2520Document%2520Submittal%2520Memo%2520Update.pdf&umid=87D54F 34-8154-B405-999D-9E84DOD 13EFB&auth=993f245b85fc94fa7fee52bac4e2fe2b8dO3da9e- b8bbfb4elOe88c84ef9l94698ec015Oel245423b https://ddei3-0- ctp.trendmicro.com:443/wis/clicktime/vl/query?url=https%3a%2f%2ffiles.nc.,goy%2fncdeq%2f Waste%2520Management%2fDWM %2tUST%2fCorrective%2520Action%2f UST%2520file%2520names%2520for%2520Laserfiche.docx&umid=87D54F34-8154- B405-999D-9E84DOD13EFB&auth=993f245b85fc94fa7fee52bac4e2fe2b8d03da9e-Ob546cddd221el2abf6c6fac309da7534410ba4c ------------------------------------------------------- This message has been analyzed by Deep Discovery Email Inspector. ------------------------------------------------------- This message has been analyzed by Deep Discovery Email Inspector.