MO-28288_47548_G_C_20210212_Conditional No Further Action

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Byron Burns
Red Iron Properties, LLC.
1645 Myers Park Drive
Charlotte, North Carolina 28207
(via email)
Dear Mr. Burns:
NORTH CAROLINA
Environmental Quality
February 12, 2021
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Former Emphasis Ads, Inc.
1619 North Graham Street, Charlotte
Mecklenburg County
Incident Number: 47548
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 contamination meets the cleanup
requirements for a low -risk release under Title 15A NCAC 2L .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 industrial / commercial use as stipulated in the Notice
of Contaminated Site (attached).
As groundwater contamination may exceed the groundwater quality standards established in Title
15A NCAC 2L .0202, and soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-
279.9 and 14313-279.11, you must file the approved declaration for a Notice of Residual Petroleum with
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

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, and 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 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 trust fund eligibility or reimbursement from the Commercial
Leaking Petroleum Underground Storage Tank Cleanup Funds, please contact the UST Section Trust Fund
Branch at [phone].
If you have any questions regarding this notice, please contact me by email at
Trudy.Beverly(c-r�,ncdenr.gov or telephone at [phone].
Sincerely, �/
� -O
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Notice of Residual Petroleum (original mailed to Rick Harmon, Harmon
Environmental, 615 Bruce Thomas Road, Monroe, NC 28112 for filing with the
Mecklenburg County Register of Deeds)
cc: Rick Harmon, Harmon Environmental (via email)
Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater &
Wastewater Services (via email)
Emphasis Ads, Inc., P.O. Box 5524, Charlotte, North Carolina 28299
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
_Former Emphasis Ads Inc. Facility , _. ecklenburg_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 143B-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
Count, Register of Deeds' office
Any map or plat required by DEQ has been/shall be recorded at the _Mecklenburg County _
Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by
this reference.
Source Property
_Red Iron Properties, LLC of _Charlotte, North Carolina is the owner 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:
Revised February 5, 2019

BEGINNING at an iron stake in the westerly line of Hutchison Avenue, said iron stake being located
N.34-20E587.9 feet from the northwesterly intersection of Hutchison Avenue and Armour Drive; thence a
new line N. 55-40 W. 297.12 feet to an iron stake in the line of Carolina Houdaille Company; thence with
the line of Carolina Houdaille Company S. 82-27-12 E. 332.84 feet to an iron stake in the westerly
margin of'Hutchison Avenue, said iron stake being located S. 34-20 W. 46.6 feet from the northerly line of
Sylvania Avenue, if extended to intersect the westerly line of Hutchison Avenue; thence with the westerly
margin of Hutchison Avenue S. 34-20 W. 150 feet to the point of BEGINNING, containing 22,284.00 sq.
ft., as shown on map survey of J. W. Spratt, C.S., dated April 11, 1957 and revised on July 17, 1957.
LESS AND EXCEPT that portion of the aforementioned parcel taken in fee simple by the City of
Charlotte in Condemnation Action filed in Mecklenburg County Superior Court hearing file number 19-
CVS-22320 as evidenced by Memorandum of Action recorded in Book 34023 at Page 436 on the Office of
the Register ofDeeds_for Mecklenburg County, North Carolina.
PERPETUAL LAND USE RESTRICTIONS
Soil: The Site shall be used.for industrial/commercial use only. Industrial/commercial use means a use
where exposure to soil contamination is limited in time and does not involve exposure to children
or other sensitive populations such as the elderly or sick. The real property shall not be
developed or utilized for residential purposes including but not limited to: primary or secondary
residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds,
parks, recreation areas and/or picnic areas.
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 5, 2019

IN WITNESS WHEREOF, R;d ir-n (, , wf%,ti Ll Lhas caused this Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 14313-279.1 , this day of 520_
(name ofr onsible r is fining)
By:
(signature of responsible party, attorney or other agent if there is one)
(Title of agent for responsibl ar if there is one)
Signatory's name typed or printed: .f. ,. `3Er I „i
NO H C L1NA
e� COUNTY
(Name of county in whi i acknowledgment was taken)
I certify that the following person personally appeared befprme this ay, acknowledging to me that he or
she signed the foregoing document:_��l� ��� t L 4-7W .
Date: JIZ ,2021
(Official Seal)
F
CARMAN
ry Public
Co., North Carolina
xpiros Nov. 21, 2024expires: ZI /Lou -I... . _..�
(s re ofNotag Public)
" J � Cc--- c 1
printed or typed name of Notary Public)
Notary Public
My commission
Revised February 5, 2019

Approved for the purposes.of N.C-(-,,S. 14313-279.11
(Signatu40fg4ioa�jivlsoi)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
:1�n 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 Supeniisor)
Date: o L2, 2-0 21
(Official Sea/)
s�a���Y`PN R• e�"`''%
MY
COMMISSION EXPIRES
9 U
0 UB L\G
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024

Beverly, Trudy
From: Beverly, Trudy
Sent: Friday, February 12, 2021 11:22 AM
To: Byron Burns
Cc: 'Rick Harmon'; 'Caldwell, Shawna'; 'Morris, Brett L.'
Subject: Former Emphasis Ads, Inc. - UST Incident #47548 - Conditional No Further Action
Attachments: MO-28288_47548_G_C_20210212_Conditional No Further Action.pdf
Please see the attached Conditional No Further Action letter for Former Emphasis Ads, Inc. located at 1619 North
Graham Street, Charlotte, Mecklenburg County, North Carolina (UST Incident #47548).
Rick - The UST approved Notice of Residual Petroleum along with a copy of the Conditional No Further Action letter will
go out in the mail to you today for filing with the Mecklenburg County Register of Deeds office.
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
D- E North Carolina Department of Environmental Quality
L� p"a�1 ni Lrt.vonmenta4OLL-Y UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. B everlygriedenn 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:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hit2s://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://dea.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-mans
File Review Procedures:
https://deq.ne. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hns://deq.nc.gov/about/divisions/waste-manaizement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.gov/ncdecl/W aste%20Management/DWM/UST/W h atsNew/Final-Electronic-Document-Submittal-Policy.udf
htips:Hfiles.nc.gov/ncdeq/Waste%20Management/D WM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx