MO-3932_11210_G_C_20200310_Draft Notice of Residual Petroleum for UST Review

VAN BUREN ILAw, PLLC
0
March 10, 2020
REC _ E
VIA FEDERAL EXPESS
MAR 1 002fl 2020
Ms. "Trudy Beverly C ST
North Carolina Department of Environmental Quality
P
Division of Water Resources, Mooresville Regional Office RECEIVED
610 East Center Avenue, Suite 301
Mooresville, NC 28115
704.663.1699 MAR 10 2020
RE: 1415 North Wendover Road, Charlotte, NC; p� �
Incident MO-3932/11210 i V
Dear Ms. Beverly:
Please find an executed Notice of Residual Petroleum ("NORP") for the
Property for the above referenced incident. Pleasealsoadv' me en the
NORP is executed by DEQ and I will then send my assis t to picy it up.
CJVB:pch
Very-�DklY Y)
Carol Jon s jfjan Buren
524 East Boulevard I Charlotte, NC 282031 phone [phone] www.vanburenlaw.com

NOTICE OF RESIDUAL PETROLEUM
_B uildi s way Drive Incident #MO-3932/incident 41210, 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 143B-279.11. The North
Carolina Department of Environment Quality shall hereinafter be referred to as "DEQ".
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 cf county)
Any map or plat required by DEQ has been/shall be recorded at the Register of
(name cf county)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Source Prop r v
Abbott. Pro er ies, I •IBC of —Lake Owego_ Oregon is the owner in fee
(owner's name) (city & stare cf homeowner)
simple of all or a portion of the Site, which is located in the County of Mecklenhurg, State of North
Carolina, and is known and legally described as:
Revised February 7, 2019

See Exhibit A
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).
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 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,4Ce- -�it hajcaused this Notice o be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279.11, this �' _ day of �, 2020.
Signatory's name typed or printed:�'G(C�
Revised February 7, 2019
2

STATE OF 0R - I
COUNTY OF
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: VF-*v4-E7y � zli
Date: /Y7f1�f-H 1, 26'� _
OFFICIAL STAMP
NIMESH R DAYAL Official Signature of Notary
" : = NOTARY PUBLIC-OREGON
COMMISSION NO.961228 /� / .g
MY COMMISSION EXPIRES APRIL 06, 2021 /V )PAESY D `�•1 L—
Notary's printed or typed name, Notary Public
(Official Seal)
My commission expires:f
Approved for the purposes of N.C.G.S. 14313-279.11
(signature cfRegional Supervisor)
Regional Supervisor
(printed name cfRegional Supervisor)
Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
COUNTY
(Name cf 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: ill printed name cfRegional Supervisor)
Date:
(Official Seal)
expires:
(signature cfNotary Public)
(printed or typed name cf Notary Public)
Notary Public
My commission
Revised February 7, 2019

EXHIBIT A
Being that parcel of land lying and being in Mecklenburg County, North Carolina and being
more particularly described as follows:
BEGINNING at a new iron pin located at the western terminus of the diagonal
formed by the intersection of the northeastern margin of the right-of-way of
Monroe Road (variable public dedicated right-of-way) and the northwestern
margin of the right-of-way of N. Wendover Road (formerly known as, and
sometimes referred to as, Eastway Drive) (variable public dedicated right-of-
way); thence, with and along the northeastern margin of the right-of-way of
Monroe Road, the following two courses and distances: (1) N. 60-17-51 W.
51.26 feet to a new iron pin; and (2) N. 53-1640 W. 163.69 feet to existing iron
pin, a corner of the property of Burwell -Goodwin (now or formerly) as described
in Deed Book 8154, Page 603 in the Mecklenburg County Public Registry (the
"Registry"); thence, leaving the northeastern margin of the right-of-way of
Monroe Road, and with and along the boundary line of the property of Burwell -
Goodwin, the following two (2) courses and distances: (1) N. 38-11-30 E. 107.04
feet to an existing iron pin; and (2) N. 52-51-02 W. 125.02 feet to an existing iron
pin in the southeastern margin of the right-of-way of Mayview Drive (50' public
dedicated right-of-way); thence, with and along the southeastern margin of the
right-of-way of Mayview Drive, N. 38-10-33 E. 100.89 feet to an existing iron
pin; thence, leaving the southeastern margin of the right-of-way of Mayview
Drive, S. 51-48-55 E. 239.62 feet to a new iron pin; thence N. 40-44-00 E. 125.03
feet to an existing iron pin, a comer of the property of the City of Charlotte (now
or formerly) as described in Deed Book 7045, Page 320 in the Registry; thence,
with and along the boundary line of the property of the City of Charlotte, S. 53-
16-00 E. 126.84 feet to a point in the northwestern margin of the right-of-way of
N. Wendover Road (formerly known as, and sometimes referred to as, Eastway
Drive); thence, with and along the northwestern margin of the right-of-way of N.
Wendover Road (formerly known as, and sometimes referred to as, Eastway
Drive), the following three courses and distances: (1) S. 37-56-15 W. 45.17 feet
to a new iron pin; (2) S. 37-34-40 W. 102.17 feet to a new iron pin; and (3) with
the arc of the circular curve to the right, having a radius of 2,487.63 feet, an arc
distance of 135.63 feet, and a chord bearing and distance of S. 39-08-20 W.
135.62 feet to a new iron pin; thence, with the diagonal formed by the intersection
of the northeastern margin of the right-of-way of Monroe Road and the
northwestern margin of N. Wendover Road (formerly known as, and sometimes
referred to as, Eastway Drive), S. 77-09-59 W. 50.33 feet to a new iron pin, the
point and place of BEGINNING, containing 1.792 acres, more or less, as shown
on a survey for Cambridge Properties, Inc., prepared by R.B. Pharr & Associates,
C. Clark Neilson, N.C.R.L.S., dated May 20, 1997, last revised December 3,
1997.

Beverly, Trudy
From: Beverly, Trudy
Sent: Monday, March 9, 2020 1:07 PM
To: Carol Jones Van Buren Esq.
Subject: RE: [External] Proposed NORP; MO-3932; Incident 11210
Attachments: Public Notification Letter.docx
I will send a Conditional No Further Action letter with the UST approved NORP. I'll also email you an electronic
copy. The Conditional NFA letter states that No Further Action status can be achieved if the NORP gets filed (a certified
copy must be sent to the UST Section) and public notice gets sent to officials, the county health department, &
contiguous property owners (a copy of documentation must sent to the UST Section). Individually addressed cover
letters should accompany a copy of the Conditional NFA letter to each of the public notice recipients explaining why
they are receiving the letter. I've attached a cover letter example. The public notification must be via a signed delivery
method for acceptance of the letter or refusal of delivery documentation.
Trudy
From: Carol Jones Van Buren Esq. [mailto:[e-mail]]
Sent: Monday, March 9, 2020 12:41 PM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] Proposed NORP; MO-3932; Incident 11210
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
It should arrive tomorrow. Will I get a letter from NCDEQ for public notice with the executed NORP? Or, do
you I craft it?
Carol
VAN BUREN LAw, PLL
Carol Jones Van Buren, Esq.
Van Buren Law, PLLC
524 East Blvd.
Charlotte, NC 28203
Email: [e-mail]
Phone: [phone]
Cell: 704/408-7368
I

Website: www.vanburenlaw.com
PRIVILEGE AND CONFIDENTIALITY NOTICE: This communication (including any attachment) is being sent by or on behalf of a lawyer
or law firm and may contain confidential or legally privileged information. The sender does not intend to waive any privilege,
including the attorney -client privilege, that may attach to this communication. If you are not the intended recipient, you are not
authorized to intercept, read, print, retain, copy, forward, or disseminate this communication. If you have received
this communication in error, please notify the sender immediately by email and delete this communication and all copies.
To ensure compliance with requirements imposed by the IRS, Van Buren Law informs you that any U.S. federal tax advice contained
in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction
or matter addressed within.
On Mar 9, 2020, at 12:36 PM, Beverly, Trudy <trudy.beverlykncdenr.gov> wrote:
I'll let you know when it is ready for pickup.
Trudy
From: Carol Jones Van Buren Esq.[mailto:[e-mail]
Sent: Monday, March 9, 2020 12:12 PM
To: Beverly, Trudy <[e-mail]>
Subject: Re: [External] Proposed NORP; MO-3932; Incident 11210
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]
Trudy: Thanks for the speed of your review. I am sending the NORP to my client by email
today, and Mr. Abbott is going to FedEx the executed document directly to you on Tuesday or
Wednesday of this week.
Carol
<image001.png>
Carol Jones Van Buren, Esq.
Van Buren Law, PLLC
524 East Blvd.
Charlotte, NC 28203
Email: cvanburemOvanburenlaw.com
Phone: [phone]

Cell: 704/408-7368
Website: www.vanburenlaw.com
PRIVILEGE AND CONFIDENTIALITY NOTICE: This communication (including any attachment) is being sent by or on
behalf of a lawyer or law firm and may contain confidential or legally privileged information. The sender does
not intend to waive any privilege, including the attorney -client privilege, that may attach to this communication. If
you are not the intended recipient, you are not authorized to intercept, read, print, retain, copy, forward, or
disseminate this communication. If you have received this communication in error, please notify the
sender immediately by email and delete this communication and all copies.
To ensure compliance with requirements imposed by the IRS, Van Buren Law informs you that any U.S. federal tax
advice contained in this communication (including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any transaction or matter addressed within.
On Mar 9, 2020, at 11:03 AM, Beverly, Trudy <trudy.beverlykncdenr.gov>
wrote:
Carol — It will need to be signed an notarized by the property owner or you as their
representative prior to mailing the original for UST approval. The rest looks good.
Trudy
<image001.jpg> 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.Beverly(a ncdenr.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-mana2ement/ust
Branch's Above Ground Storage Tanks Website Address: hops://deg.nc.gov/about/divisions/waste-management/ust/ast-proeram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httos://dea.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans
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):
httns://dea.nc. eov/about/divisions/waste-manaeement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
httos:Hfiles.nc. eov/ncdea/Waste%20Manaeement/D WM/UST/Corrective%2OActionBlectronic%2ODocument%2OSubnuttal%2OMemo%2OUndate.Ddf
b!Vs:Hfiles.nc. gov/ncdeq/Waste%20ManagementlDViM[UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx
From: Carol Jones Van Buren Esq. [mailto:[e-mail]]
Sent: Monday, March 9, 2020 10:25 AM
To: Beverly, Trudy <[e-mail]>
Subject: [External] Proposed NORP; MO-3932; Incident 11210

FMITEWNY.111ernal email. Do not click links or open attachments unless you verify. Send all
suspicious email as an attachment to
Trudy: As discussed, please review the proposed NORP for 1415 N. Wendover
Road in Charlotte, NC. If this looks acceptable, I'll FedEx an original to NDEQ
for execution. Once executed, I'll send my assistant to pick it up.
Carol
Carol Jones Van Buren, Esq.
Van Buren Law, PLLC
524 East Blvd.
Charlotte, NC 28203
Email: [e-mail]
Phone: [phone]
Cell: 704/408-7368
Website: www.vanburenlaw.com
PRIVILEGE AND CONFIDENTIALITY NOTICE: This communication (including any attachment)
is being sent by or on behalf of a lawyer or law firm and may contain confidential or
legally privileged information. The sender does not intend to waive any privilege, including
the attorney -client privilege, that may attach to this communication. If you are not the
intended recipient, you are not authorized to intercept, read, print, retain, copy, forward, or
disseminate this communication. If you have received this communication in error, please notify
the sender immediately by email and delete this communication and all copies.
To ensure compliance with requirements imposed by the IRS, Van Buren Law informs you that
any U.S. federal tax advice contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of (i) avoiding
penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending
to another party any transaction or matter addressed within.