MO-27728_47042_G_C_20200622_Conditional No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Upton Enterprises, LLC
Attn: Butch Upton
503 Crescent Hill Road
Kings Mountain, North Carolina 28086
(via email)
Dear Mr. Upton:
NORTH CAROLINA
Environmental Quality
June 23, 2020
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Upton Enterprises, LLC
2134 Lanier Avenue, Charlotte
Mecklenburg County
Incident Number: 47042
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 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"
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

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, 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.Beverly&ncdenr. og_v or [phone].
Sincerely,
� �'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 Harmon Environmental, 615 Bruce
Thomas Road, Monroe, NC 28112, for filing with the Mecklenburg County Register
of Deeds)
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater
& Wastewater Services (via email)
Rick Harmon, Harmon Environmental (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

Upton Enterprises, 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 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 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 Book , Page
(name of county)
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
JUpton Enterprises, LLC of Charlotte North Carolina is the owner in
(Owner's name) (city & state of homeowner)
fee 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

BEING Lot 16 in Block 4 of Subdivision known as "Hollywood" as shown on map thereof recorded in
Map Book 3 at Page 308 of the Mecklenburg Public Registry.
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.
Revised February 7, 2019
2

IN WITNESS WHEREOF, has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11, this day of , 20
Party if there is one)
Signatory's name typed or printed:
NORTH CAROLIN
_COUNTY
(Name of county in w ric i acknowledgment was taken)
I certify that the following person(s) personally appea ed before me this day, each acknowledging to me
that he or she signed the foregoing document:
Date: ( ��
(Official Seal)
'� i�a5N5515i5ipp
,�. o C
Notary
d name of Notary Public)
lic
My commission ®,
Revised February 7, 2019
3

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
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)
Dat • - AP 5� 2d 2
(official Se /)
N01'q,9
ar )W
l�
k 4
LIG
UN`TI
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024

LEGEND NOTES:
®® APPROXIMATE LOCATION OF
PROPERTY BOUNDARIES
®� APPROXIMATE; LOCATION OF
RESIDENCES
APPROXIMATE LOCATION OF
PAVED AND GRAVEL SURFACES
THE PETROLEUM -IMPACTED SOIL REMAINING ON THE SITE APPEARS TO
BE LIMITED TO THE AREA DEPICTED BY THE CIRCLE EXTENDING FROM
A DEPTH OF FIVE FEET BELOW GRADE TO THE WATER TABLE.
THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED
BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY
APPLICABLE LAND DEVELOPMENT REGULATIONS (G.S.47-30(N)1
APPROXIMATE LOCATION OF
-� FORMER UNDERGROUND
r' s
STORAGE TANK
ESTIMATED EXTENT OF APPROXIMATE SCALE IN FEET
0 PETROLEUM -IMPACTED SOIL
0 50 100
SOURCE: MECKLENBURG COUNTY POLARIS AND FIELD MEASUREMENTS
HARMON ENVIRONMENTAL, PA
615 BRUCE THOMAS ROAD
MONROE, NORTH CAROLINA 28112
704-292-4527
HARMONENVIRONMENTAL.COM
FIGURE 1 ATTACHMENT A
SITE LAYOUT MAP
UPTON ENTERPRISES, LLC RESIDENCE
2134 LANIER AVENUE
CHARLOTTE, NORTH CAROLINA

Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, June 23, 2020 3:11 PM
To: Butch Upton; Rick Harmon; Morris, Brett L.; Caldwell, Shawna
Subject: Upton Enterprises, LLC - UST Incident #47042 — Conditional No Further Action Letter
Attachments: MO-27728_47042_G_C_20200622_Conditional No Further Action Letter.pdf
Mr. Upton - Please see the attached Conditional No Further Action letter for Upton Enterprises, LLC located at 2134
Lanier Avenue, Charlotte, Mecklenburg County, North Carolina (UST Incident #47042).
Rick — The original Notice of Residual Petroleum for filing with the Mecklenburg County Register of Deeds Office will be
mailed to you today.
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
�twd 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