MO-9471_40913_G_C_20191202_Conditional No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
December 2, 2019
Well Pappas Berkeley Owner, LLC
4777 Sharon Road, Suite 550
Charlotte, NC 28210
Dear Pappas Berkley Owner, LLC:
NORTH CAROLINA
Environmental Quality
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
D&R Properties of Charlotte, LLC
1128 Greenwood Cliff, Charlotte
Mecklenburg County
Incident Number: 40913
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 and
groundwater was not sampled.
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 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 and groundwater was not sampled, you must file the approved plat and declaration for a
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 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(&ncdenr.gov
or [phone].
Sincerely,
6&qI4"JX
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosure: Notice of Residual Petroleum (original mailed to Pappas Berkley Owner, LLC for filing
with the Mecklenburg County Register of Deeds Office)
cc: Zach Daniels, D&R Properties of Charlotte, LLC, 1131 Harding Place, Charlotte, North Carolina
28204
Thomas Hassett, Geoscience Group (via email)
Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater &
Wastewater Services (via email)
9�- .
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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
_D&R Properties of Charlotte, LLC, 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 Environment 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 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-279.11 and has/shall be recorded at the Mecklenburg County
Register of Deeds' office (name of county)
Book , Page
Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg County
(name of county)
Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by
this reference.
Source Property
Well Pappas Berkeley Owner, LLC 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 5, 2019

Being all of Lot 13 in Block 4 of Section I of the H. C. Sherrill Company property according to Map Book
332, Page 354.
Additional Affected Property Also Subject to Restrictions
of is the owner in fee simple of a portion of
(owner's Name) (city & state of owner)
the Site, which is located in the County of , State of North Carolina. Petroleum
contamination is located on this property at the time this Notice is approved. This property was also
owned or controlled by the underground storage tank owner or operator or another party responsible for
the petroleum discharge or release at the time the discharge or release was discovered or reported, or at
any time thereafter. This property is known and legally described as:
Not Applicable
Additional Affected Property Not Subject to Restrictions
Additionally, residual petroleum is also located on the following property. The following
property is not subject to land use restrictions pursuant to N.C.G.S. Section 143B-279.9(b). The
following property is known and legally described as:
Not Applicable
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
Revised February 5, 2019

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
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.
IN WITNESS WHEREOF, 1`c'+'f# - ,s has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11, his — day of 1Vovew"Ar4— ,20 VI.
.
(name of r pons ble arty if agent is sight
By:
signature of respons ble party, a ey or other agent if there is one)
(Title of agent for responsible party if there is one)
Signatory's name typed or printed: l�G� A IP,�ot1
NORTH CARO/LINA
`( p�rw COUNTY
(Name of county in whiel acknowledgment was taken)
I certify that the following person pers all appe ed re me this day, acknowledging to me that he or
she signed the foregoing document:
Date: -!7�\ 1, I I �l aT
(Official Seal)
R
issi% X1
m ,Optrty .o
F
3 pub\\C-
1'
b1 t 1�11 0�
(signature of Notary ic)
--P,�NCR: Z,�
printed or typed name of Notary Public)
Notary Public
My commission expires: 0�0
Revised February 5, 2019

A proved for the purposes of N.C.G.S. 143B-279.11
(Signature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA II
�1 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
(official seal)
NorgR �!
rn
eLIG �v0
QU NT`(_�.. .
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024

Beverly, Trudy
From: Beverly, Trudy
Sent: Monday, December 2, 2019 3:01 PM
To: Tom Hassett; Morris, Brett L.; Caldwell, Shawna
Subject: D&R Properties of Charlotte, LLC - Incident #40913 - Conditional No Further
Action
Attachments: MO-9471_40913_G_C_20191202_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action letter for D&R Properties of Charlotte, LLC located at
1128 Greenwood Cliff, Charlotte, Mecklenburg County, North Carolina (Incident #40913).
Trudy
Trudy Beverly, L.G.
D, E Q, 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:
https://deo.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-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):
httns://deo.nc. eov/about/divisions/waste-manaeement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
htips://files.nc. gov/ncdeq/W aste°/`2OMana,gement/D WM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf
https:Hfiles.nc. gov/ncdeq/Waste%2OManagement/DWM/UST/Corrective%2OAction/UST%2Ofile%20namcs%20for%2OLaserfiche.docx