MO-9551_40983_G_C_20200512_Conditional No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
CCRP Area 15 LLC
500 E Morehead St., Suite 230
Charlotte, North Carolina 28202
Dear Mr. and Mrs. Schulte:
NORTH CAROLINA
Environmental Quality
May 12, 2020
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Area 15 Retail Property
510-516 15t" & 1138 N Caldwell, Charlotte
Mecklenburg County
Incident Number: 40983
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.
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

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
143B-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
Trudy.Beverlykncdenr. og_v or [phone].
Sincerely,
6 1"1;"v+
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosure: Notice of Residual Petroleum (original mailed to Hart and Hickman, PC, 2923 South
Tryon Street, Suite 100, Charlotte, North Carolina 28203, for filing)
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater
& Wastewater Services (via email)
Bo Cappleman, Hart & Hickman, PC (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
Area 15 Retail 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 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
Mecklenburi; County Register of Deeds' office Book , Page
(name ofcounty)
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
CCRP Area 15 LLC of Charlotte, 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 7, 2019

Parcel Identification Number: 081-065-05
Being that certain parcel of land lying and being in the City of Charlotte, Mecklenburg County, North
Carolina, and being more particularly described as follows:
BEGINNING at a 1 /2" new iron rod located on the southem margin of the right-of-way of North
Caldwell Street(a 40 ft public right-of-way), said point also being located at the northeast corner of the
Thomas R. & Carroll E. Hunter Property as described in Deed Book 7782, Page 545; thence along the
southern margin of North Caldwell Street N48°42'43"E a distance of 150.00 feet to a 1" existing iron
pipe located on the southern margin of the right-of-way of East 15th Street(a 40 ft public right-of-way);
thence along the southern margin of East 15th Street S41 °28'49"E a distance of 236.48 feet to a 518"
existing iron pipe located at the northern corner of the 15th Street Properties, Inc. Property as described in
Deed Book 19946, Page 223; thence with the aforesaid 15th Street Properties, Inc. Property
S49°17'11"W a distance of 148.63 feet to a 1/2" new iron rod located at a northeast corner of the
aforesaid Hunter Property; thence with the aforesaid Hunter Property N41'4W03"W a distance of 235.00
feet to the point and place of BEGINNING. Having an area of 35,180 square feet (0.8076 acres)
according to a survey by R.B. Pharr & Associates, P.A. dated November 14, 2019 Job No 90767.
Additional Affected Property Also Subject to Restrictions
Not applicable 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
2 Revised February 7.. 2019

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 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 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, oylt4ER has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 5-6%day ofMAY , 20AD
c C_ FR
(nameparty if�+g t is.signing)
By:
(signature responsible parry, actor y or other agent if there is one)
AA *-"—. E? 0 %.,w&: R
of agent for responsible paly if there is one)
Signatory's name typed or printed: rr c=;
Revised February 7, 2019
3

NORTH CAROLINA
MECKLENBURG COUNTY
(Name of county in which acknowledgment was taken)
I, Jo-$*06 M� , a Notary Public for said County and State, do hereby certify that
Todd Cr jwriso,% personally came before me this day and acknowledged that he is
of Blwote and acknowledged, on behalf of CGRP All ► 15� I.�G , the grantor the
due execution of the foregoing instrument.
WITNESS my hand and official seal, this the
(Official Seal)
°°d 19, Me`���'°''',.
tkOTi4RY
s C-)i PUBLIC ?�2
Sft" day of 1-�aY , 20 2y.
I IC71r—
(sign re of Notary Public)
joss k nG`-ewo
printed or typed name of Notary Public)
Notary Public
for the purposes of N.C.G.S. 14313-279.11
Regional Supervisor
name
Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTTB C RO INA
COUNTY
(Name of county in which acknowledgment was taken)
My commission expires: ACAJ"t' 111 7At�
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: eynCLI d t}.�(full printed name ofnegional supervisor)
Date: 9— 02-0
(Official Se It"OAN1?z'�'�
NOTAds o9��
!z �opt Es
.. 0 U wv��9
4
tg tureofNotaryPub�'
printed or typed name of Notary Public)
Notary Public
My commission ex ' es 2t)-q
Revised February 7, 2019

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.
VICINITY MAP /I/I
•-----O--T TO �--- /---------------�
DW LL TREET
40' PUBLIC R/W
(M.B. 1580, PG. 499)
N4 °42'43 t IOUXT
— — — — — — — — — — — —� d
THOMAS R. HUNTER
CARROLL E. HUNTER
D.B. 07782, PG. 545
PIN: 081-065-07
AREA1,", #1138
$ N
O
O
Ia #510-516
A
15TH STREET
NOS MONOMENf
O
PROPERTIES, INC.
(NCRR ME M376 4)
w
D.B. 19946, PG. 219
NC GRID NADB3(2011)
e
�
PIN: 081-065-05'%
N.544622.54
E-1453391.06
S49°17 11 W 148 63
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2
Slsod aWn� Jo matl
s \sei°
GRA­
P AREAL
15TH STREET
PROPERTIES, INC.
/
D.B. 19946, PG. 223
/
ooCgo \�c.
P�`�q��
I
PIN: 081-065-04
J'p \\
#1133
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S50°00'06"W 148.50'
1/
N49°58'1 "E 289.32'(TIE)
1/2-OR b
I
I
L--------
M,-lNA11:s N DAVIDSON STREET
N:544,350.49 40' PUBLIC R/W
59.49 (M.B. 1580, PG. 499)
— — — — — — — — — — — — — — — — — — — — — — — — — i r— — — — — — --
GRAPHIC SCALE
60 0 30 60
LEGEND:
D.B. -DEED BOOK
EIP-EXISTING IRONPIPE
( IN FEET )
FUR - EXISTING IRON ROD
1 inch = 80 ft.
M.B. - MAP BOOK
N C.G.S. - NORTH CAROLINA GEODETIC SURVEY
NIR - NEW IRONROD
NN-NEWNAIL
PG. - PAGE
RX - RIGHT-OF-WAY
PROJECTBOUNDARY
PROPERTYLINE(INTERIOR)
CREW:
DRAWN:
REV
RIGHT-OF-WAY
_..
_-

Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, May 12, 2020 10:45 AM
To: 'Bo Cappleman'; 'Morris, Brett L.'; Caldwell, Shawna
Subject: Area 15 Retail Property - UST Incident #40983 — Conditional No Further Action
Attachments: MO-9551_40983_G_C_20200504_Conditional No Further Action Letter.pdf
Please see the Conditional No Further Action letter for Area 15 Retail Property located at 510-516 151" & 1138 N
Caldwell, Charlotte, Mecklenburg County, North Carolina (UST Incident #40983).
Bo —The original Notice of Residual Petroleum will go out with today's mail to you for filing with the Mecklenburg
County Register of Deeds.
Trudy
Trudy Beverly, L.G.
Q:!J Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
��r UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.Beverlykncdenr. 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-manaaement/ust
Branch's Above Ground Storage Tanks Website Address: https:Hdeg.nc.gov/about/divisions/waste-mana2ement/ust/ast-proeram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://deo.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-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):
hLtps://deq.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
htti)s:Hfiles.nc.eov/nedea/Waste%2OMana2ement/DWM/UST/W hatsNew/Final-Electronic-Document-Submittal-Policv.udf
https:Hfiles.nc.gov/ncdeq/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx