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HomeMy WebLinkAboutMO-9406_40849_C_NRP_ 20190327_Public Notice, NORP, and NFA Request EmailU rnom ECS SOUTHEAST, L L P "Setting the Standard for Service" Geotechnical - Construction Materials - Environmental - Facilities NC Registered Engineering Firm F•1078 NC Registered Geologists Firm C-406 SC Registered Engineering Firm 3239 March 26, 2019 Trudy Beverly, LG Hydrogeologist NCDEQ - Division of Waste Management Underground Storage Tanks Section — Corrective Action Branch Mooresville Regional Office 610 East Center Ave., Suite 301 Mooresville, NC 28115 Reference: Exeter Meadow Oak, LLC 4101 Meadow Oak Drive Charlotte, Mecklenburg County, North Carolina ECS Project No. 49-6535-J (Meadow Oaks Industrial) NCDEQ Incident No. 40849 Dear Ms. Beverly: ECS Southeast, LLP (ECS) prepared this correspondence and the attached report on behalf of its client, Exeter 4100 Meadow Oak, LLC. This correspondence is intended to address public notification as requested in the Conditional Notice of No Further Action (Conditional NFA Notice) dated February 7, 2019 and your email to ECS on March 12, 2019. ECS previously forwarded documentation of public notification in a letter dated March 5, 2019. On March 12, 2019 you indicated in an email that the owners of two additional properties should be provided public notification. These owners of these two properties are 2601 Westinghouse, LLC (Parcel No. 14311107) and DP Masters, LLC (Parcel 14309107). On March 12, 2019, ECS forwarded public notification letters to the owners of these two properties by certified mail with return receipts requested. Copies of these letters and certified mail information is attached. Also attached are copies of the return receipts ("green cards") ECS previously provided documentation of filing of the Notice of Residual Petroleum (NORP). ECS believes that with this submittal, public notification requirements have been satisfied. ECS, on behalf of, Exeter 4100 Meadow Oak, LLC, respectfully requests that the North Carolina Department of Environmental Quality issue a final Notice of No Further Action. ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com March • ECS SOUTHEAST, LLP Thank you for your attention to this matter. If you have questions or comments, please contact us. Respectfully submitted, ECS SOUTHEAST, LLP P� Joseph P. Nestor, P.G., P.E. Senior Environmental Project Manager inestor@ecslimited.com 704-280-7422 A.�� John S. Lair, P.G. Principal Geologist flair@ecslimited.com 910-726-3035 Attachments: March 12, 2019 Letter to 2601 Westinghouse, LLC with Certified Mail Information March 12, 2019 Letter to DP Masters, LLC with Certified Mail Information Certified Mail Return Receipt for March 12, 2019 Letter to 2601 Westinghouse, LLC Certified Mail Return Receipt for March 12, 2019 Letter to DP Masters, LLC cc: Adam Duerr, Exeter Meadow Oak, LLC 0 ECS Project No. 49:6535-J Page 12 mi- ECS SOUTHEAST, L L P "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm FA078 NC Registered Geologists Firm GAD6 March 12, 2019 SC Registered Engineering Firm 3239 2601 Westinghouse, LLC PO Box 410081 Charlotte, NC 28241 Re: Conditional Notice of No Further Action Exeter Meadow Oak 4101 Meadow Oak Drive Charlotte, Mecklenburg County, North Carolina NCDEQ Incident No. 40849 ECS Project No. 6535-J Dear Sir/Madame: ECS Southeast, LLP. (ECS) prepared this correspondence for its client, Exeter 4100 Meadow Oak, LLC, on behalf of the State of North Carolina to satisfy certain public notification requirements for risk -based assessment and corrective action for petroleum underground storage tanks as stipulated by Title 15A of the North Carolina Administrative Code Subchapter 2L, Section .0407, paragraph d ( 15A NCAC 2L .0407 [d]). Attached to this correspondence is a "Conditional Notice of No Further Action" dated February 7, 2019 from the North Carolina Department of Environmental Quality (NCDEQ). You were identified through tax records as the owner of record of Tax Parcel 14311107 which is located near the referenced property. In order to document to NCDEQthat you have received a copy of the "Conditional Notice of No Further Action", ECS respectfully requests that someone from your office complete and return the attached "Receipt of Document" at your earliest convenience. A self-addressed stamped envelope is enclosed for your convenience. You may also respond by email to provide documentation of your receipt of these documents, if your desire (jnestor@ecslimited.com). If you have questions regarding this matter, you may contact me at (704) 280-7422 or Ms. Trudy Beverly of NCDEQ at (704) 235-2182. 1 may also be contacted by email at Inestor@ecslimited.com. Ms. Beverly may also be contacted by email at Trudy.Beverly@ncdenr.gov. Respectfully submitted, ECS SOUTHEAST, LLP yoo(n P 14(F7- Joseph P. Nestor, P.G., P.E. Senior Environmental Project Manager Inestor@ecslimited.com 704-280-7422 r , �A //,, Matthew H. McDuff ie, P.G. Principal Geologist mmcduffie@ecslimited.com 704-525-5152 ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com ECS SOUTHEAST, L L P "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm FA078 NC Registered Geologists Firm CAN SC Registered Engineering Firm 3239 This document is intended to demonstrate that 2601 Westinghouse, LLC has received the Conditional Notice of No Further Action dated February 7, 2019 for the following site: Exeter Meadow Oak 4101 Meadow Oak Drive Charlotte, Mecklenburg County, North Carolina NCDEQ Incident No. 40849 The receipt of the referenced document is acknowledged by: (Printed Name) (Title) (Contact Information —Telephone or Email) (Signature) (Date) ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director 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. North Carolina Department of Eirvironmental Quality Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue. Suite 30( 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 143B- 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 Trr.ldv.Bever lv(d)ncdenr.gov or (704) 235-2182. Sincerely, a')Y A al ej( ' 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) �EQ; North Carolina Department of Environmental Quality Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue. Suite 301 1 Mooresville, North Carolina 28115 704,663.16y9 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 143B-279.1 1 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. l 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 W f IEREi3F, Tim Walton has caused this Nonce to he executed pursuant to N.C.G.S. Sect ioiis 143B=279.9 and 143B-279.11, this ��Clav of t1e.a ?Q/ 9�. State of North Carolina, Dept. of Administration By: Title: Director, State Property Office Signatory's name typed or printed: /� 14-c-rv"1 NORTH Ci\R HLINA ;U U COUNTY (Name of counh, in which acknowledgment was taken) I certify that the following person per5onallly a i eared J7efore me this day, acknowledging to me that he or she signed the foregoing doG a inetir /• -rk k/& Date: (Official Seal) ISJcjn I rV. Iil,t 11 h1i i Printed or typed name of Notary Public) expires: / /3.0/2 Z ae ���ll{{{fll►�� Ate- o 'U r• Coo �\ r �'rf�tttt�rtl�#�� Notary Public My commission p oved for the purposes of N.C.G.S. 143B-279.11 PA, dNA 4� jL (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 -"ILLCOUNTY 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 : (Official Seal) ��`% c�r,.lE..... �'rr, mi _%I< IN Sherian R. Black ary Public Notary Public Number 20041820022 My commission expires: Julv 12, 2019_ J (;LHTIFIED MAIL° RECEIF Domestic Mail Only For delivery information, visit our website at ww I"- Certified Mail Fee d y9-6535-] I.. Services Cc Fees (Check box, add fae as appropriate) [I1 N Return Receipt (hardoopy) S V 1 Q ❑Return Receipt (electronic) E Postmark ❑ Carurted Mall Restricted Cellvery $ Here ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery S L-1 Postage M Lrl Total Postage and Fees Sent To Street and Apt. No., or AS ad No. -Po_BQ Lii Opel-- -- ECS SOUTHEAST, L L P "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm FA078 NC Registered Geologists Firm GAD6 March 12, 2019 SC Registered Engineering Firm 3239 DP Masters LLC 6810 Old Providence Road Charlotte, NC 28226 Re: Conditional Notice of No Further Action Exeter Meadow Oak 4101 Meadow Oak Drive Charlotte, Mecklenburg County, North Carolina NCDEQ Incident No. 40849 ECS Project No. 6535-J Dear Sir/Madame: ECS Southeast, LLP. (ECS) prepared this correspondence for its client, Exeter 4100 Meadow Oak, LLC, on behalf of the State of North Carolina to satisfy certain public notification requirements for risk -based assessment and corrective action for petroleum underground storage tanks as stipulated by Title 15A of the North Carolina Administrative Code Subchapter 2L, Section .0407, paragraph d ( 15A NCAC 2L .0407 [d]). Attached to this correspondence is a "Conditional Notice of No Further Action" dated February 7, 2019 from the North Carolina Department of Environmental Quality (NCDEQ). You were identified through tax records as the owner of record of Tax Parcels 14309107 and 14309107 which are located near the referenced property. In order to document to NCDEQthat you have received a copy of the "Conditional Notice of No Further Action", ECS respectfully requests that someone from your office complete and return the attached "Receipt of Document" at your earliest convenience. A self-addressed stamped envelope is enclosed for your convenience. You may also respond by email to provide documentation of your receipt of these documents, if your desire (jnestor@ecslimited.com). If you have questions regarding this matter, you may contact me at (704) 280-7422 or Ms. Trudy Beverly of NCDEQ at (704) 235-2182. 1 may also be contacted by email at Inestor@ecslimited.com. Ms. Beverly may also be contacted by email at Trudy.Beverly@ncdenr.gov. Respectfully submitted, ECS SOUTHEAST, LLP Joseph P. Nestor, P.G., P.E. Senior Environmental Project Manager Inestor@ecslimited.com 704-280-7422 r , �A //,, Matthew H. McDuff ie, P.G. Principal Geologist mmcduffie@ecslimited.com 704-525-5152 ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid-Atlantc, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com ECS SOUTHEAST, L L P "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm FA078 NC Registered Geologists Firm CAN SC Registered Engineering Firm 3239 This document is intended to demonstrate that DP Masters, LLC has received the Conditional Notice of No Further Action dated February 7, 2019 for the following site: Exeter Meadow Oak 4101 Meadow Oak Drive Charlotte, Mecklenburg County, North Carolina NCDEQ Incident No. 40849 The receipt of the referenced document is acknowledged by: (Printed Name) (Title) (Contact Information —Telephone or Email) (Signature) (Date) ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director 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. North Carolina Department of Eirvironmental Quality Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue. Suite 30( 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 143B- 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 Trr.ldv.Bever lv(d)ncdenr.gov or (704) 235-2182. Sincerely, a')Y A al ej( ' 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) �EQ; North Carolina Department of Environmental Quality Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue. Suite 301 1 Mooresville, North Carolina 28115 704,663.16y9 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 143B-279.1 1 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. l 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 W f IEREi3F, Tim Walton has caused this Nonce to he executed pursuant to N.C.G.S. Sect ioiis 143B=279.9 and 143B-279.11, this ��Clav of t1e.a ?Q/ 9�. State of North Carolina, Dept. of Administration By: Title: Director, State Property Office Signatory's name typed or printed: /� 14-c-rv"1 NORTH Ci\R HLINA ;U U COUNTY (Name of counh, in which acknowledgment was taken) I certify that the following person per5onallly a i eared J7efore me this day, acknowledging to me that he or she signed the foregoing doG a inetir /• -rk k/& Date: (Official Seal) ISJcjn I rV. Iil,t 11 h1i i Printed or typed name of Notary Public) expires: / /3.0/2 Z ae ���ll{{{fll►�� Ate- o 'U r• Coo �\ r �'rf�tttt�rtl�#�� Notary Public My commission p oved for the purposes of N.C.G.S. 143B-279.11 PA, dNA 4� jL (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 -"ILLCOUNTY 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 : (Official Seal) ��`% c�r,.lE..... �'rr, mi _%I< IN Sherian R. Black ary Public Notary Public Number 20041820022 My commission expires: Julv 12, 2019_ o, cc Er Ir 0 O C3 M i'f"I ul C3 1� I� kxtra bOrVICBS & i=eeS (Checkbor, add fee ae eppmprWa) ❑ Return Receipt (herdcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature nequimd $ ❑ Adult Signature Restricted Delivery $ u9-6535-1 JPN, 3/1a/O Postmark Here ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Aft —IC Addressed to: a6ol LL-G POGO)( y i o0SI Gharlo}fie, �jc, 282�41 IIIIfiIII IIII IIIIf�IIiII�I�II�III ICI III hill ilk 9590 9402 1421 5329 9545 57 7 Article Ni rmhar l7rmnafpr frnm .4Prvlr.. label! 7017 0530 0001 0777 999L Ps Form 3811, July 2015 PSN 7530-02-000-9053 A. Agent --EuMeiveR�y Rnr Name) c. Date of Delivery ,"I(. D. Is de114Y`a ress different from item 1? 0 Yes If YES; enter delivery address below; ❑ No 3. SetvICB3ypB �! — (--p Priority Mall Express 0 Adult Signature � > 0 Registered Maur+" Ej Adult Signature Restricted Dellvely� d Re�lstered Certined Mail® Mail Restricte Delivery Csrtriled Mail Restricted Delivery ❑ Collect on Delivery RMtur n Receipt far Merchandise El Collect on Delivery Restricted Delivery Q Signature Confirmation- ed Mail ❑ Signature Confirmation eQd Mail Restricted Delivery Restricted Delivery Domestic Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Y Sk fS LLC- DP �a e , o(J prov i delnce Road ,rt 'Gho�rlok�e, 13� a8d�� 111111111111111111111111111111111 1111 9590 9402 1421 5329 9545 40 2. Article Number {Transfer from service label) 7017 0530 0001 0777 9989 PS Form 3811, July 2015 PSN 7530-02-000-9053 A. Signature ` ❑ Agent i X ❑Addressee i B. Received by {Printed Name) C. Date of Delivery D. Is delivery address different from item t? ❑ Yes If YES, enter delivery address below: CI No 3. Service Type ❑ Priority Mail Expresse r] Adult Signature ❑ Registered MMn" © Adult Signature Restricted Delivery ❑ Registered Mail Restricte Dt Certified Mail@ Delivery ❑ Certified Mail Restricted Delivery Iletum Receipt for ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise ❑ Signature ConfirmationTm red Mail t] Signature Confirmation red MaII Restricted Delivery Restricted Delivery r $500) Domestic Return Receipt Beverly, Trudy From: Beverly, Trudy Sent: Wednesday, March 27, 2019 8:00 AM To: 'Joseph Patrick Nestor' Subject: RE: [External] FW: 49-6535-J Meadow Oaks Industrial - Public Notification No need to send a hard copy on this. Trudy NOR1H GARC)LINA � �" Department of Environmental Oua;i /' T i*, Lam. of Mzw MA4�mm NeA C=bf Dqwhrmut dEkiramved •+lam:, GIST k[4 MomI offin (7235,2182 (O MW-102offinkmraw Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Joseph Patrick Nestor [mailto:JNestor@ecslimited.com] Sent: Tuesday, March 26, 2019 3:13 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] FW: 49-6535-J Meadow Oaks Industrial - Public Notification External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to nC.LYOV Trudy Do you require a hard copy of this information? 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: Michelle Forness Sent: Tuesday, March 26, 2019 11:02 AM To: trudy.beverly@ncdenr.gov Cc: aduerr@exeterpg.com; Joseph Patrick Nestor; Matthew H. McDuffie, P.G. Subject: 49-6535-J Meadow Oaks Industrial - Public Notification Good Morning, Please see the attached letter regarding ECS Project Number 49-6535-J. Let us know if you have any questions. Thank you, MICHELLE FORNESS I Administrative Assistant T 704.525.5152 1 D 704.378.9010 1 C 704.534.1791 1812 Center Park Drive, Suite D I Charlotte I NC 1 28217 ECS SOUTHEAST, LLP www.ecslimited.com Linkedln I Facebook I Twitter Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient. ------------------------------------------------------- This message has been analyzed by Deep Discovery Email Inspector.