MO-9532_40967_G_C_20201215_Conditional No Further Action Letter

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
December 15, 2020
John Adams
600 Morris Street
Charlotte, NC 28202
(via email)
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
John Adams Property
934 W. Mallard Creek Rd, Charlotte
Mecklenburg County
Incident Number: 40967
Risk Classification: Low
Dear Mr. Adams:
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.
As groundwater contamination may exceed the groundwater quality standards established in
Title 15A NCAC 2L .0202, 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
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

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
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(a)ncdenr.gov 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 to be picked up in person by Ryan Osborne
for filing with the Mecklenburg County Register of Deeds)
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater
& Wastewater Services (via email)
Ryan Osborne, INENCO, Inc. (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
John Adams Property, 934 West Mallard Creek Church Road, Mecklenburg County, North Carolina
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 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 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
Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg County
Register of Deeds' office Book N/A Page N/A , and has been/shall be incorporated into the Notice by
this reference.
Source Property
John Wayne Adams and Catherine D. Adams (as joint tenants with rights of survivorship) are the
owners in 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:
Beginning at a right of way disc found on the northeasterly margin of West Mallard Creek Church Road in
the City of Charlotte, North Carolina thence with a bearing of N37°20'24"W and a distance of 82.53' to a
right of way disc; thence along the easterly margin of John Adams Road with a bearing of N08°00'03"E
and a distance of 182.65' to a point; continuing with a bearing of N19'44'18"W and a distance of 66.58' to

a point; continuing with a curve to the right with a radius of 2261.83' and an arch length of 76.23', being
chorded with a bearing of N06°25'23 "E and a chord distance of 76.22' to a point; thence leaving said road
with a bearing of N87'01'09"E and a distance of 373.26' to a point; thence with a bearing of S 13°04'49"W
and a distance of 540.41' to a point on the northeasterly margin of West Mallard Creek Church Road; thence
along said road with a bearing of N60002'53 "W and a distance of 244.52' to the point of beginning,
containing 3.256 acres, more or less; as shown on survey by Carolina Surveyors, Inc. dated May 11, 2017
and updated September 8, 2017.
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
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.
[Signature page follows]

IN WITNESS WHEREOF, John Wayne Adams has cause s Notice to e executed pursuant to
N.C.G.S. Sections 143B-279.9 and 14313-279.11, thi �ay of No mber, 2020.
ByA
s ature o responsible party at ey or other agent if there is one)
Signatory's name typed or printed: John W
NORTH CAROLINA
MECKLENBURG COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document: John Wayne Adams.
Date: At
74 7,07-0
I / /�),
(Official Seal)
for the purposes
N.C.G.S. 14313-279.11
Regional Supervisor
name of Regional Supervisor)
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
COUNTY
(Name of county in which acknowledgment was taken)
r1(st,W tary
T�O�
�aV1 vE�(
printed or typed name of Notary Public)
Notat y—Fubl N DWAINE HOLDEN
NOTARY PUBLIC
My c mrWdQEXQWWCOUNTY NC
My Camrlbba Eon 12-7-2023
I certify that the following person(s) personaljy appeared before me this day, each acknowledging to me
that he or she signed the foregoing document(full printed name of Regional Supervisor)
Date:
(Official Seal) qa,,ure orNorary Pul
\0TA0 � %
�. y printed or typed name of Notary Public)
MY
MMISSION EXPIRES E Notary Public
%�0� pUBt.\G �` My commission expi s:

Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, December 15, 2020 11:49 AM
To: 'John Adams'
Cc: 'Ryan Osborne'; Caldwell, Shawna; Morris, Brett L.
Subject: John Adams Property - UST Incident #40967 — Conditional No Further Action
Attachments: MO-9532_40967_G_C_20201215_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action letter for John Adams Property located at 934 W. Mallard Creek
Road, Charlotte, Mecklenburg County, North Carolina (UST Incident #40967).
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
Office
���� fe UST Section, Mooresville Regional Offi704.235.2182 (Office)
Trudy. B everly(a),ncderin 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: hitps://deq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust/ast-proeram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://deu.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans
File Review Procedures:
htips:Hdeq.nc. gov/about/divisions/waste-manaaement/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://deq.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https:Hflles.nc.gov/ncdeg[Waste%20Manatiement/DWM/UST[WhatsNew/Final-Electronic-Document-Submittal-Policv.pdf
https:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx