MO-9445_40899_G_C_20190516_Conditional No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Stephanie Henn
5124 Wedgewood Drive
Charlotte, NC 28210
Dear Ms. Henn:
NORTH CAROLINA
Environmental Quality
May 16, 2019
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Stephanie Henn Property
5124 Wedgewood Drive, Charlotte
Mecklenburg County
Incident Number: 40899
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.
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 Contaminated Site.
As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and
14313-279.11, you must file the approved plat and declaration for a Notice of Residual Petroleum with the
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

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(a,ncdenr.gov
or [phone].
Sincerely,
� 110, ;60j+
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Health Department (via email)
Bob Payne, Josiah Payne, & Damien Callaghan, Cedar Rock Environmental (via email)
Enclosure: Notice of Residual Petroleum (Original mailed to Josiah Payne, Cedar Rock Environmental)
pannwY*�` n�ia.nama aal�
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
Stephanie Henn Property Mecklenburg_ County, North Carolina
(Site name)
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 143B-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 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-279.11 and has/shall be recorded at the
Mecklenburg Register of Deeds' office Book , Page
(name of county)
Any map or plat required by DEQ has been/shall be recorded at the Register of
(name of county)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Source Property
Stephanie Henn of Charlotte, North Carolina
(Owner's name) (city & state of homeowner)
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 11 in Block 17 of a portion of MADISON PARK, as shown on a map
recorded in Map Book 1698 at Page 485 in the Mecklenburg County Public Registry.
(Excerpted from Mecklenburg County Register of Deeds Book 32274, Page 890).
Return to:
Revised January 15, 2013
Cedar Rock Environmental, P. C.
Page 1 of 4
107 Pioneer Trail
Graham, NC 27253

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 Deed receives and records the written concurrence of the Secretary (or his/her delegate) of
DEQ (or its successor in function).
PERPETUAL LAND USE RESTRICTIONS
Soil: Soil containing residual petroleum above applicable regulatory standards) 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 I 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.
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.
Revised January 15, 2013
Page 2 of 4

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.
IN WITNESS WHEREOF, Stephanie Henn has caused this Notice to be executed pursuant
to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 20'h day of February , 2019.
Stephanie Henn
r ofresponsible pa agent is signing)
By: f
(signature ofresponsible party, attorney or agent ifthere is one)
President, Cedar Rock Environmental, P. C.
(Title of agent for responsible party if there is one)
Signatory's name typed or printed: Robert A. Payne
NORTH CAROLINA
41ekMoAct— COUNTY
(Name ofcounty in which acknowledgment was taken)
I certify that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document: Robert A. Payne
Date: f--er,,cry Z6, 20I ci
(Official Seal)
JOSIAH D PAYNE
NOTARY PUBLIC
ALAMANCE COUNTY, N.C.
My Commission Expires 10-22-2020.
, ,�, '' .
191ature ofNotaryPublic)
J c ;e_i D . P01,111 e—
printed or typed name ofNotaryPublic)
Notary Public
My commission expires: &k 2-
Revised January 15, 2013
Page 3 of 4

eov d for the purposes N.C.G.S. 143B-279.11
ti
(signature of gional 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)
Date: U V
(Official Seal)
wv�.
Sherian k. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2019

N
ATTACHMENT A
NOTE:
This map may not be a certified survey
and has not been reviewed by a local
government agency for compliance with
any applicable land development regulations
and has not been reviewed for compliance
with recording requirements for plats.
Philip Render
Property
i \
House
T1
Mitchell Abbott \
Property
/ Gunter Lamar
Property
0 20 40 80
1 Inch = 40 Feet
PROJECT: Stephanie Henn Property
INCIDENT # Pending
LOCATION: 5124 Wedgewood Drive
Charlotte, Mecklenburg Co.
CRE PROJECT NUMBER: 261622590
CEDAR ROCK
ENVIRONMENTAL, P.C.
FILENAME: 2616NoRP.fc7
VERSION DATE: 1/25/19
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
: Property Lines
T1 = 560-Gallon UST
FIGURE 1

Beverly, Trudy
From: Beverly, Trudy
Sent: Thursday, May 16, 2019 10:12 AM
To: 'Josiah Payne'; 'Robert Payne'; 'Damien Callaghan'; Morris, Brett L.; 'Shawna Caldwell'
Subject: Stephanie Henn Property - Incident #40899 — Conditional No Further Action
Attachments: MO-9445_40899_G_C_20190516_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action letter for Stephanie Henn Property located at 5124 Wedgewood
Drive, Charlotte, Mecklenburg County, NC.
Josiah — The original is being mailed to you today for filing with the Mecklenburg County Register of Deeds. A copy of
the condition letter and NORP is being mailed to Ms. Henn today.
Trudy
E
department of Environmental Quality
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UST Sva6u, Mound a RgJa d Offim
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Ernail correspondence to arxt from this address is subject to the
North Carolina F'Ublic 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:Hdeq.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.asl2x
Document Submittal & UST File Names for Laserfiche Policies:
httDs:Hfiles.nc. eov/ncdea/Waste`/`2OManaizement/DWM/UST/Corrective`/`2OAction/Electronic`/`2ODocument`/`2OSubmittal`/`2OMe
mo%20Update.pdf
httns:Hfiles.nc. eov/ncdea/Waste`/`2OMana,2ement/DWM/UST/Corrective`/`2OAction[USTQ/`20fileQ/`20namesQ/*20for/`2OLaserfiche.d
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