MO-9461_40901_G_C_20190530_Conditional NFA Letter

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
May 30, 2019
Paula Faye Gornto
P.O. Box 9590
Charlotte, NC 28299
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Gornto Property
2727 Palm Avenue, Charlotte
Mecklenburg County
Incident Number: 40901
Risk Classification: Low
Dear Ms. Gornto:
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 portion 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 Residual Petroleum.
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

As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and
143B-279.11, you must file the approved plat and declaration for a Notice of Residual Petroleum
(attached) 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 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.Beverlykncdenr.gov
or [phone].
Sincerely,
� qI ZW+
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Notice of Residual Petroleum (Ben Robinson pickup at MRO on 5/30/2019)
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Health Department (via email)
Brandon Moore & Ben Robinson (NORP pickup at MRO), Paragon Environmental (via email)
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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
Gornto Property 2727 Palm Avenue Charlotte, NC Incident # Pending
Mecklenburg County, North Carolina
Current Property Owners Deed Book # 12729 Page # 478
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 14313-279.11. 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 14311-279.9 and 14313-279.11, 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 14313-279.9 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.
Paula Faye Gornto of Charlotte, 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 E, Block F of the revision of EASTWAY, as same is shown in Map Book 6, Page 789 of the
Mecklenburg County Public Registry.
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 Deeds receives and records the written concurrence
of the Secretary (or his/her delegate) of DEQ (or its successor in function).

PERPETUAL LAND USE RESTRICTIONS
[Restrictions apply to activities on, over, or under the land.]
Soil: Soil containing residual petroleum above applicable regulatory standard(s) 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 1, 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.
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
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, Paula FayeJ ornto has cause this Notice to be executed pursuant to N.C.G.S.
Sections 14313-279.9 and 143B-279.11, this;?_day of , 2019.
By: k
Signatory's name typed or printed: Paula Faye Gornto
NO TH CA ROLINA
r COUNTY
I certify that the following person(s) ersonally appeared before met is day, each acknowledging to me that he or
she signed the foregoing document: rA'(i( L4- f2At] f qQf N'M XQf-
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Date: ( 1
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(Official Seal)
MARY VITALE
Notary Public -North Carolina
Union County
My G4rt�minait�ry 9a WPA 09teber 16, 2o22
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(signature ofNcUary Public)
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(printed or typed name of Notary Public)
Notary Public
My commission expires OC-,r-* bG , 20:—Z

Approved for the purposes of N.C.G.S. 14313-279.11.
R ald H. Taraban, Ph.D., Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environmental Quality
NDATB AI�QLINA
ll COUNTY
(Name of county in which acknowledgment was taken)
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: id 4.Tawhba— (full printed name of Regional Supervisor)
Date: _
(Official Seal)
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(signature of Notary Public)
(printed or typed name of Notary Public)
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THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL
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GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS
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AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS.
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Beverly, Trudy
From: Brandon Moore <[e-mail]>
Sent: Thursday, May 30, 2019 12:26 PM
To: Beverly, Trudy
Subject: [External] RE: Gornto Property - Incident #40901 — Conditional No Further
Action Letter
not click links or open attachments unless you verify. Send all suspicious email as an
[e-mail]
Thank you
From: Beverly, Trudy [mailto:[e-mail]]
Sent: Thursday, May 30, 2019 9:35 AM
To: Brandon Moore <[e-mail]>; 'Ben Robinson' <[e-mail]>; Shawna
Caldwell <[e-mail]>; Morris, Brett L.
<[e-mail]>
Subject: Gornto Property - Incident #40901 — Conditional No Further Action Letter
Please see the attached Conditional No Further Action letter for Gornto Property located at 2727 Palm Avenue,
Charlotte, Mecklenburg County, NC.
Trudy
DE Q
NORTH CAROLI IA — 1)
Department of Environmental quality
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M&.3alrari Ire+
Email correspondence to and frorn this address is subject to ttme
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:Hdeq.nc.aov/about/divisions/waste-management/ust/ast-
ro ram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deq.nc.aov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg merit- ig's-maps
File Review Procedures:
https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://edocs.deq.ne.gov/WasteManagement/Search.asp

Document Submittal & UST File Names for Laserfiche Policies:
https:Hfiles.nc. gov/ncdeq/Waste%20ManagementIDWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal
%20Memo%2OUpdate.pdf
https://files.nc. uov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLas
erfiche.docx