MO-9351_40966_G_C_20191217_Conditional No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Tim Collins
2640 Shenandoah Avenue,
Charlotte, NC 28205
Dear Ms. Friday:
NORTH CAROLINA
Environmental Quality
December 17, 2019
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Tim Collins Property
2640 Shenandoah Avenue, Charlotte
Mecklenburg County
Incident Number: 40966
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 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 correspondence
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 mailed to Brian Bain, 8520 Cliff Cameron Drive,
Suite 100, Charlotte, North Carolina, 28269 for filing)
cc: Eric Lanier, Lanier Site Services, 12825 Downs Circle, Pineville, North Carolina, 28205
Brian Bain, The Ramsey Group (via email)
Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater &
Wastewater Services (via email)
Al Quarles and Erin Greene, ATC Group Services, LLC (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
Tim Collins Property, Mecklenburg County, North Carolina
2640 Shenandoah Ave, Charlotte, North Carolina, 28205
Mecklenburg County Register of Deeds, Book 30084, Pages 64-66
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 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 14313-279.9 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 143B-279.9 and 143B-279.11 and has/shall be recorded at the
Mecklenburg 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.
Source Property
Tim Collins of 2633 Shenandoah Avenue, Charlotte, North Carolina 28205 is the owner in fee
simple of all or a portion of the Site, which is located in the County of Mecklenbure, State of North
Carolina, and is known and legally described as:
MAIL TO (after filing):
Tim Collins, 2633 Shenandoah Avenue, Charlotte, North Carolina 28205
Revised February 7, 2019

Being all of Lot I I and part of Lot 12 in Block 32 of CHANTILLY, as same is shown on a map
thereof recorded in Map Book 230, Page 249 of the Mecklenburg County Public Registry, being
more particularly described as follows:
BEGINNING at an existing iron pipe in the southerly margin of the right-of-way of Shenandoah
Avenue, said point marking the common corner of Lots 10 and 11, and running thence with the
dividing line between said Lots 10 and 11, S 33-46-35 W 149.91 feet to an existing iron pipe in
the northerly margin of a 12.5 foot alleyway; thence with the said margin of said alleyway S 56-
09-17 E 59.94 feet to an existing iron pipe in the southerly margin of said Lot 12; thence N 33-47-
57 E 150.06 feet to a point in the southerly margin of the right-of-way of said Shenandoah
Avenue; thence with said right-of-way N 56-I8 W 60.0 feet to an existing iron pipe, the point or
place of BEGINNING, all as shown on plat of survey dated May 10,1988, prepared by Richard
Boyd Brooks, Registered Surveyor.
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 Mecklenburs 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 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.
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 parry 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.
2 Revised February 7, 2019

IN WITNESS WHEREOF, Tim Collins 1
N.C.G.S. Sections 14313-279.9 and 14313-279. ,
By:
_(title of agent for
Signatory's name typed or printed: /tf
NORTH CAROLINA
NV,(A-IA," .COUNTY
(Name ofcounty in whici acknowledgment was taken)
this Noti;� to bee c jted pursuant to
�xAA 11?Cann / 2019.
party, attorney or other agent if there is one)
responsible party if there is one)
I certify that the following person(s) personally appeared beefo e me this day, each ac owledg' g to me—
that he or she signed the foregoing document: �M ��r� s; N9 %c o P", '- t
Date: %L — % 2 l 100,
6�+
(Official Seal) (signature oft
f ota Public)
`r\kg4t6'%/6itllllltll/////p/j/,/ / .fin. 9i IsT
printed or typed name of Notary Public)
�.°� AR Y Notary Public
My commission
expires: 202- %s //�� i.s�®� Z
1` • °.
_ s
Revised February 7, 2019
3

A proved for the purposes of N.C.G.S. 14313-279.11
nature of Regional3upervi50r)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
�( I COUNTY
I certify that the following person personally appeared before me this day, each
Acknowledging to that he signed the foregoing document:
Ronald H . Tara ban (full printed name of Regional Supervisor)
11511IM-7-
(Offi'cial Seal)
.40
��AIAN,9••,,,o �S
o -oG
eLIG V�
UN-f
Sherian R. Black
Notary Public
Notary Public Number. 20041820022
My commission expires:
July 12, 2024

SE-3
Close-up of Excavation
Scale: 1 inch - 10 feet
1 Aerial Map Scale: 1 inch - 30 feet
All locations and distances are approximate,
N and are not based on a site survey. SOIL SAMPLING LOCATION
7606 Whitehall Executive Center
AffAkT Drive, Suite 800
r C Charlotte, North Carolina
Iff [phone]
SOURCE: Mecklenburg County POLARIS
FIGURE 1, ATTACHMENT A.
SAMPLE LOCATION MAP
Tim Collins Property, Incident # 40966
2640 Shenandoah Avenue
Charlotte, North Carolina 28205
ATC Project No. 199TCP1901

Beverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, December 18, 2019 8:04 AM
To: Brian Bain; Al Quarles; Erin Greene
Cc: Morris, Brett L.; Caldwell, Shawna
Subject: Tim Collins Property - Incident #40966 — Conditional No Further Action
Attachments: MO-9351_40966_G_C_20191217_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action letter for Tim Collins Property located at 2640
Shenandoah Avenue, Charlotte, Mecklenburg County, North Carolina (Incident #40966). The original Notice of
Residual Petroleum is being mailed to Brian Bain for filing with the Mecklenburg County Register of Deeds
Office.
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.Beverlykncdenn 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:Hdeq.nc.2ov/about/divisions/waste-mana2ement/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://dea.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-ais-mans
File Review Procedures:
https://deq. nc. gov/about/divisions/waste-mana,gement/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
httDs:Hdea.nc. eov/about/divisions/waste-mana2ement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc. eov/ncdeq/ W aste%2OManayement/D W M/UST/Corrective%2OAction/Electronic%2ODocument%2OSubniittal%2OMemo%2OUpdate.pdf
htt12s:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/JST/Corrective%2OAction/UST%20file%20names%20for%20Lase che.docx