MO-9499_40935_G_C_20190917_Conditional No Further Action Letter

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
September 17, 2019
Sue Friday
8700 Dixie Drive,
Charlotte, NC 28278
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Sue Friday Property
8700 Dixie Drive, Charlotte
Mecklenburg County
Incident Number: 40934
Risk Classification: Low
Dear Ms. Friday:
A review of information on file with the Underground Storage Tank (UST) Section, Division of
Waste Management, Mooresville Regional Office indicates that soil and groundwater contamination meet
the cleanup requirements for a low -risk release under Title 15A NCAC 2L .0202 and .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 [e-mail]
or [phone].
Sincerely,
6
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosure: Notice of Residual Petroleum (original picked up in person by Robert Payne, Cedar Rock
Environmental)
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater &
Wastewater Services (via email)
Robert Payne, Josiah Payne, and Damien Callaghan, Cedar Rock Environmental (via email)
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
Sue Friday 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
Sue M. Friday of Charlotte, North Carolina
(Owner's name) (city & state ofhomeowner)
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:
See Attachment A (excerpted from Mecklenburg County Register of Deeds Book
23775, Page 316).
Return to:
Cedar Rock Environmental, P. C. Revised January 15, 2013
107 Pioneer Trail Page 1 of 4
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 standard(s) remains on the site in
the area identified in Figure 1, Attachment R No soil shall be excavated or disturbed within 3
feet of the area identified in Figure 1 Attachment 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 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

IN WITNESS WHEREOF, Sue M. Friday has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 16th day of September , 2019.
Sue M. Frida
(na responsible party if en 'signing)
By:
(signature ofr•esponsible party, attorney or other agent if there 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
COUNTY
(Name of county 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
(Official Seal)
JOSIAH D PAYNE
NOTARY PUBLIC
ALAMANCE COUNTY, N.C.
My commission Expires 10-22-2020.
(signature ofNotaryPubl c)
(7- ?RV/1G
printed or typed name ofNotary Public)
Notary Public
My commission expires:_ LZ[ zozo
Revised January 15, 2013
Page 3 of 4

Approved for the purposes of N.C.G.S. 143B-279.11
'e- "kxN t-'
(Signature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA I
:Fwje, l � 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)
Date: it -I
(official Seal)
elo�i
MY
COMMISSION EXPIRF,S
s► 2, 200
8 `,C'`l
C '�
�.._ f�UN.,,ve
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024

ATTACHMENT
BEGINNING at an iron in the line of the V. M. Stine, W. M. Farmer, and Duke Power Company property,
said iron marking the southwest corner of the tract of land conveyed to W. M. Farmer and wife, Martha
B. Farmer by deed recorded in the Mecklenburg Public Registry in Book 1761 at Page 9, and running thence
with two lines of the Duke Power Company property as follows: (1) North 20-30 East 1149 feet to an iron;
(2) North 15-58 East 474 feet to an iron; thence South 41-37 East, in greater part with the line of the road
known as Dixie Drive, 568 feet to an iron; thence with the southerly line of Dixie Drive in three courses as
follows: (1) South 79-37 East 225 feet; (2) North 88-23 East 197.8feet to an iron; (3) South 73-00 East 61.2
feet to an iron, the northwest corner of the 1.78 acre tract of land conveyed by C. W. Mundy, Jr. and wife,
Elizabeth J. Mundy, to John R. Rozzell and wife, Julia M. Rozzell; thence with four lines of the Rozzell
property: (1) South 37-35 West 268.8 feet to an iron; (2) South 31-58 West 121.5 feet to an iron; (3) North
88-35 East 299.1 feet to an iron; (4) North 45-31 East 210.95 feet to an iron in the southwest side of Dixie
Drive, thence with said line of Dixie Drive, South 51-43 East 50 feet to an iron; thence South 36-30 West
200.8 feet to an iron in the line of the Mattie Grier property (now or formerly); thence with the Grier line,
South 29-30 East 165 feet to an iron in the line of the Wolfe property (now or formerly); thence with two
lines of the Wolfe property as follows: (1) South 57-00 West 427 feet to a hickory; (2) South 50-30 West
crossing a branch, 342 feet to a maple on a bluff, a corner of the V.M. Stine property (now or formerly),
thence with two lines of the Stine property as follows: (1) South 68-00 West 612 feet to an iron; (2) North
76-00 West 422 feet to the point or place of beginning, containing 30.59 acres, as shown on survey of J.
G. Spratt, dated May 14, 1956, to which survey reference is hereby made, together with the right in
common with others to the use of the road known as Dixie Drive leading away from this property into the
Mount Olive Road.
BEING the same property as conveyed by deed in deed Book4213, Page 264, Mecklenburg County Registry,
to which reference is hereby made for a more complete description.

Marke Hanson
Baker Property
ATTACHMENT B
li09
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.
Dixie Drive
Crescent Communities II—
LLC Property —�
i
i
Seven Oa
Partners L
/ Property
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
Oak
— — : Property Lines
T1 = 515-Gallon UST
PROJECT: Sue Friday Property
INCIDENT # Pending
LOCATION: 8700 Dixie Drive
Charlotte, Mecklenburg Co.
CRE PROJECT NUMBER: 273922590
(� `\ Joerg
Baeumner
Property /
Julia
Wood
Property
i \ Sandra
McGinty
\ Property
It
I \
,
/
I,
I
LC
1 inch = 40 feet
0 125 250 500
1 Inch = 250 Feet
CEDAR ROCK
ENVIRONMENTAL, P.C. FIGURE 1
FILENAME: 2739NoRP.fc7
VERSION DATE: 9/16/19

Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, September 17, 2019 11:37 AM
To: Robert Payne; Josiah Payne; Damien Callaghan; Morris, Brett L.; Caldwell,
Shawna
Subject: Sue Friday Property - Incident #40934 — Conditional No Further Action
Attachments: MO-9499_40934_G_C_20190917_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action letter for Sue Friday Property located at 8700 Dixie Drive,
Charlotte, Mecklenburg County, North Carolina (Incident #40934).
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. B everlykncdenr. gov
Email 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://deq.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-prog am
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://deo.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-manaeement-ais-mans
File Review Procedures:
https://deq.nc. gov/about/divisions/waste-manaaement/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hitps://edocs.deq.nc.gov/WasteManaaement/Search.asvx
Document Submittal & UST File Names for Laserfiche Policies:
httDS:Hfiles.nc. gov/ncdea/Waste°/u2OManaeement/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUt)date.[)df
https:Hfiles.nc. gov/ncdeq/Waste%20Management/DWMIUST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx