MO-9473_40915_G_C_20190730_Conditional NFA Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Lifespan Inc.
Attn: Kenneth Fuquay
1511 Shopton Road, Suite A
Charlotte, NC 28217
(via email)
Dear Mr. Fuquay:
NORTH CAROLINA
Environmental Quality
July 30, 2019
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Lifespan Property
7609 Linda Lake Drive, Charlotte
Mecklenburg County
Incident Number: 40915
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 Residual Petroleum. Groundwater from the site is
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

prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated on
the 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
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,
k_��
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Notice of Residual Petroleum (mailed to Patrick Kelley, Mid -Atlantic Associates, Inc.,
1125 E. Morehead Street, Suite 104, Charlotte, NC 28204)
cc: Brett Morris and Shawna Caldwell, Mecklenburg County Health Department (via email)
Greg Icenhour & Patrick Kelly, Mid -Atlantic Associate, Inc. (via email)
9�- .
�� _ffw
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
7609 Linda Lakes Drive, Charlotte Meck leriburg 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 Environment Quality (or its
successor in function), as authorized by N.C.G.S. Section 14313-279.9 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 14313-279.9 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 Mecklen�burg, Register of
(name ofcounr})
Deeds' office Book Page_ and has been/shall be incorporated into the Notice by this reference.
Source Property
Lifespan Incorporated of Charlotte, North Carolina is the owner in fee
(owner's name) (city & state of homeowner)
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:
Revised February 7, 2019

See ExhibitA
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 standard(s) remains on
the site in the area identified in Exhibit B. No soil shall be excavated or disturbed within
3 feet of the area identified in Exhibit B except to remediate the soil in accordance with
all applicable state and federal statutes, regulations and guidelines.
Groundwater: Groundwater from the site is prohibited front 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.
IN WITNESS WHEREOF, Lifespan Incorporated has caused this Notice to be executed pursuant
to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this day of , 20
Lifes an I comarated
of re a party ' e is signing)
By: J
'gn Ur f re onsib e party, 1t ney or 1her agent if is Cher one)
President
(title of agent for responsible party if there is one)
Signatory's name typed or printed: Kenneth Fu ua
2 Revised February 7, 2019

M
H C ROLINA
L COUNTY
(Name ofcounty in which acknowledgment was taken)
1,��CVCL 66 tXq , a Notary Public for said County and State, do hereby certify that
Kenneth F'u ua personally came before me this day and acknowledged that he is
of "acknowledged, on behalf of Lifespan Incorporated the grantor the due execution of
+►+ t��o�gpoi
.: VPINESS my hand and official seal, this the ID_ day of 2019.
rotary
�qff7cial t\G ci � Agnattuwffr of Notary Public
40
/ V�����, printed or typed name of Notary Public)
*ba Co '\ Notary Public
�&� cqoo� My commission
expires.10
Approved for the purposes ofN.C.G.S. 143B-279.11
(signature of Regional Supervisor)
Regional Supervisor
(printed name of Regional Supervisor)
Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
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: (full printed name ofRegional supervisor)
Date:
(Official Seal) (signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission
expires:
3 Revised February 7, 2019

Approved for the purposes of N.C.G.S. 143B-279.11
c... �_ - o
(Signature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
COUNTY
I certify that the following person personally appeared before me this day, each
Acknowledging to that he signed the foregoing document:
Ronald H. Taraban (full printed name of Regional Supervisor)
Dat
(Offl,cial Seal)
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12 2024

EXHIBIT A
BEGINNING at an existing iron pipe on the southerly right-of-way margin of
Linda Lake Drive (R/W — 60'), which pipe is also situated on the common
boundary between Lots 29 and 30 in Block L of Grove Park as shown on map
thereof recorded in Map Book 7 at Page 397 of the Mecklenburg Public Registry;
thence proceeding from the Beginning Point with the boundary between the
aforesaid Lots 29 and 30 S 20-00-00 E 205.59 feet to an existing iron rebar, the
northeasterly corner of Lot 20 in Block L of Grove Park as shown on the aforesaid
map; thence with the northerly boundary of the said Lot 20, S 70-J 7-27 W 50.08
feet to an iron; the northwesterly corner of the said Lot 20; thence S 88-04-34 W
87.93 feet to an iron on the westerly line of Lot 23 in Block L of Grove Park as
shown on the aforesaid map thereof, thence with the westerly line of the said Lot
23, N 48-05-05 E 36.22 feet to an iron, the southeasterly corner of Lot 24 in Block
L of Grove Park as shown on the aforesaid map; thence with the easterly boundary
of the said Lot 24 and continuing with the easterly boundary of Lots 25, 26, and 27
in Block L of Grove Park as shown on the aforesaid map, N 19-58-38 W 164.92
feet to an iron on the southerly right-of-way margin of Linda Crake Drive; thence
with the southerly right-of-way margin of Linda Lake Drive, N 70-13-23 E 100.01
feet to an iron, the point and place of BEGINNING, and containing .461 acres and
being all of Lots 28 and 29 and part of Lots 21 and 22 in Bloch L of Grove Park as
shown on the aforesaid map, all as shown on survey by Jeff S. Hladun, NGRLS,
dated May 3, 1999.

EXHIBIT B
REFERENCES:
1. 2019 AERIAL IMAGERY AND COUNTY DATA FROM MECKLENBURG COUNTY GIS.
2. MID -ATLANTIC FIELD NOTES. SCALE: 1:240
NOTES:
ALL LOCATIONS ARE APPROXIMATE;
THE AREAS OF CONTAMINATION DEPICTED ON THE MAP ARE APPROXIMATIONS
DERIVED FROM THEBEST AVAILABLE INFORMATION AT THE TIME OF FILING.
EI4'1�,d AI�antic
NORP EXHIBIT B
SITE MAP
LINDA LAKE DRIVE UST
7609 LINDA LAKE DRIVE
CHARLOTTE, NORTH CAROLINA
25 50
Feet
DRAWN
nr: ° JUNE 2019
DRAFT JLS JOB NO:
CHECK: H1378.00 Task 10000
CHECK: PRK 035-H 1378.00-03
APPROVAL: GDI FIG NO: 1

Beverly, Trudy
From: Greg Icenhour <[e-mail]>
Sent: Tuesday, July 30, 2019 10:55 AM
To: Beverly, Trudy; Kenneth Fuquay
Cc: Patrick Kelly; Morris, Brett L.; Caldwell, Shawna
Subject: [External] RE: Lifespan Property - Incident #40915 - Conditional No Further
Action Letter
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]
Thanks Trudy — much appreciated.
With best regards,
Mid Mantic
Enji-acring A E—wmnm nul SvILPD %
Greg D. Icenhour, P.G., MBA
Vice President/Charlotte Branch Manager
MID -ATLANTIC ASSOCIATES, INC.
1125 E. Morehead Street, Suite 104
Charlotte, NC 28204-2849
[phone]— Phone
[phone] — Fax
[phone]— Mobile
Corporate Office:
409 Rogers View Court
Raleigh, NC 27610
Office: [phone]
Facsimile: [phone]
Outstanding service since 1993
http://www.maaonline.com
Confidentiality Notice: The information contained in this e-mail is intended only for the individual or entity to whom it is
addressed. Its contents (including any attachments) may contain confidential and/or privileged information. If you are not an
intended recipient you must not use, disclose, disseminate, copy or print its contents. If you receive this e-mail in error, please
notify the sender by reply e-mail and delete and destroy the message.
From: Beverly, Trudy [mailto:[e-mail]]
Sent: Tuesday, July 30, 2019 10:14 AM
To: Kenneth Fuquay <[e-mail]>
Cc: Greg Icenhour <[e-mail]>; Patrick Kelly <[e-mail]>; Morris, Brett L.

<[e-mail]>; Caldwell, Shawna <[e-mail]>
Subject: Lifespan Property - Incident #40915 - Conditional No Further Action Letter
Please see the attached Conditional No Further Action Letter for Lifespan Property located at 7609 Linda Lake
Drive, Charlotte, Mecklenburg County, North Carolina (Incident #40915). The original Notice of Residual
Petroleum has been signed by the UST Section. It will go out in the mail today to Patrick Kelly with Mid -Atlantic
Associates for filing with the Mecklenburg County Register of Deeds.
Trudy
DE
NORTH CAROLINA �
Department of Environmental Quality
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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.gov/about/divisions/waste-management/ust/ast-
rp o,gram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deg.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment-gis-maps
File Review Procedures:
https://deq.nc.,gov/about/divisi ons/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://edocs.deq.nc.gov/WasteManagement/Search.aspx
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc. gov/ncdeq/W aste%20Management/D W M/U ST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal
%20Memo%2OUpdate.pdf
hiips:Hfiles.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLas
erfiche.docx