MO-3932_11210_G_C_20200310_Conditional No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Abbott Properties, LLC
Attn: Bruce Abbott
5885 Meadows Road, Suite 200
Lake Oswego, OR 97035
Dear Abbott Properties LLC:
NORTH CAROLINA
Environmental Quality
March 10, 2020
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Building #2-City of Charlotte
4308 Eastway (630 N Wendover), Charlotte
Mecklenburg County
Incident Number: 11210
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 groundwater contamination meets 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 contamination may exceed the groundwater quality standards established in
Title 15A NCAC 2L .0202, groundwater within the area where contamination is present or is expected to
migrate is not suitable for use as a water supply.
As groundwater contamination may exceed the groundwater quality standards established in Title
15A NCAC 2L .0202, pursuant to NCGS 14313-279.9 and 14313-279.11, you must file the approved plat
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

and declaration for a Notice of Residual Petroleum (attached) 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 groundwater contamination may exceed the groundwater quality standards established in Title
15A NCAC 2L .0202, 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
Attachment: Notice of Residual Petroleum (Original picked up in person on 3/11/2020 by Van Buren
Law, PLLC for filing with the Mecklenburg County Register of Deeds)
cc: Carol Jones Van Buren, Van Buren Law, PLLC (via email)
Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater &
Wastewater Services (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
—Building #2, Fastway Drive Incident #MO-3932/lncident 11210, 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 lenburg 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 cfcounty)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Abbott Pro .r i s i .l__;_C of _Lake Owego_ Oregon is the owner in fee
(owner's name) (city & state c f 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 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, Gce— A�rt haq1- caused this Notice o be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day of AAIZe-1, 2020.
By%
Name:l�
Title: / /��'
Signatory's name typed or printed:�C(C�Uta—
Revised February 7, 2019
2

STATE OF O R-� K= 0 11J
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: t '%k -E7_ � ��^'Rt�b f"LQTT_ �� zz1
-• r
Date: ,'fwee-H 1,
OFFICIAL STAMP
NIMESH R DAYAL NOTARY PUBLIC-OREGON Official Signature of Notary
COMr�
ISSION
COMMISSION CEXPIRES PRIL 06 9612
IN2021 /V )AA&_ y IP D "�'�•1 �- -
Notary's printed or typed name, Notary Public
(Official Seal)
My commission expires: &P r- 69 ) a 2-1
tro]T�
pu�rpo^sesf N.C.G.S. 143B-279.11
r z �JgiV or),
r r-r-, , Regional Supervisor
rinted name cfRegional Supervisor)
JN �W j k Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH "RO
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: � 0WZZX ill printed name cfRegional supervisor)
Date: L1, 7-CZ0 9?
(Official Seal) Q,�F'aIAN p �,� igna re cf Notary Public)
24
R ack
,�„ 4f), ,1- ON (printed or typed name cf Notary Public)
mNotary Public
Ge(l C F My commission
exp es: ZOZI`� �''•QUNTY, NG,
Revised February 7, 2019
3

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. 53-16-40 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 corner 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: Tuesday, March 10, 2020 1:56 PM
To: Carol Jones Van Buren Esq.
Subject: RE: [External] Fwd: Building #2-City of Charlotte - UST Incident #11210 — Conditional
No Further Action
We don't require a plat for groundwater only restrictions for home heating oil releases. So, all is well.
Trudy
From: Carol Jones Van Buren Esq.[mailto:[e-mail]]
Sent: Tuesday, March 10, 2020 1:55 PM
To: Beverly, Trudy <[e-mail]>
Subject: [External] Fwd: Building #2-City of Charlotte - UST Incident #11210 — Conditional No Further Action
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
The last paragraph on the first page of the Conditional NFA letter references an "approved plat." There is no
plat for this site, correct?
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
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or matter addressed within.
Begin forwarded message:
From: "Beverly, Trudy" <trudy.beverlykncdenr.gov>
Subject: Building #2-City of Charlotte - UST Incident #11210 — Conditional No Further
Action
Date: March 10, 2020 at 1:38:37 PM EDT
To: Carol Jones Van Buren Esq. <cvanburen ct,vanburenlaw.com>, "Morris, Brett L."
<Brett.MOrris(kmecklenbur. cg ountync. _ og_v>, "Caldwell, Shawna"
<Shawna.Caldwell(kmecklenbur cg ountync.gov>
Please see the attached Conditional No Further Action letter for Building #2-City of Charlotte located at
4308 Eastway (630 N Wendover), Charlotte, Mecklenburg County, North Carolina (Incident #11210).
Trudy
D- � E Q
IFe pirinxn[o7 Lnnrnnmenlil 4ur���
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.BeverlyP—ncdenr. og_v
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:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hLtps:Hdeg.nc.gov/about/divisions/waste-mana,aement/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httDs:Hdeo.nc. aov/about/divisions/waste-management/waste-management-rules-data/waste-management-Eis-maps
File Review Procedures:
https:Hdeq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
httl)s:Hdeo.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
hgps:Hfiles.nc. gov/ncdeg/W aste%20Management/D WM/IJST/Con-ective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%20IJpdate.pdf
htWs:Hfiles.nc. gov/ncdeq/Waste%20Management/DWMfUST/Corrective%2OAction/USTn/o20filen/o20names%20forn/o2OLaserfiche.docx