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MO-28984_48177_C_NRP_20220202_Filed NFA & Public Notification Documentation
JOHNSTON HORD February 2, 2022 RECEIVED FEB 0 3 2022 NCDEQ MRO UST Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 (via Federal Express and entail) Trudy, Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com WRITER'S DIRECT DIAL: 704-998-2253 Pursuant to the Conditional No Further Action notice provided by your office, dated January 5, 2022, please find enclosed: the certified copy of the Notice of Residual Petroleum filed with the Mecklenburg County Register of Deeds as well as documentation confirming compliance with the public notice requirements. For purposes of compliance, a copy of the January 5, 2022 letter from your office was provided, by certified mail, to each required person/entity and documentation of delivery for each is enclosed. Please review the enclosed and approve the final Notice of No Further Action. If you have any questions or need additional information, please contact me for same. I look forward to receipt of the No Further Action notice. Regards, JOHNSTON, ALLISON & HORD, P.A. Anry Rickers Enclosures 1065 East Morehead Street, Charlotte, NC 28204 M MERITASx jahlaw.eom 1184027 LAW FIRMS WORi(IWIDE 29809.9001 RECEIVED FEB 0 3 2022 NCDEQ MRO UST CERTIFIED COPY FREDRICK SMITH, REGISTER OF DEEDS MECKLENBURG COUNTY, NC 720 E. FOURTH STREET CHARLOTTE, NC 28202 (704)336-2443 State of North Carolina, County of Mecklenburg I hereby certify that this is a true and accurate copy of the document which appears on record in the Office of the Register of Deeds of Mecklenburg County, North Carolina as Instrument Number %Q6AQQQ 6 3 3 / in Book Number 3� 9 4 Q Page Number �3 73 and ending with Page Number 3 2 7 47 Witness my hand and seal this the / day of , 20 FREDRICK SMITH, REGISTER OF DEEDS `CK w f Deputy Register ofbeeds C� ° OF THIS CERTIFICATION SHEET IS A PART OF THE DOCUMENT B36962 - P 373 FOR REGISTRATION Fredrick Smith REGISTER OF DEEDS Mecklenburg County NC 2022 JAN 12 12:54:64 PM BK:36952 PG:373-377 FEE:$26.00 INSTRUMENT # 2022006331 TAYLORD 'IIIVlllfllk�f I�111wnIV'�IaIIIhIPll�hn�d� )06331 Returned to customer �o 7J hn! Sfta NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201Huntley Place Charlotte 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". 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 Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael S. and Patricia W. Weiss of Charlotte, North Carolina are the owners 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 B36962 - P 374 Being all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S-1 on the figure attached hereto as Exhibit 1, 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. 2 Revised February 7, 2019 B36962 - P 375 IN WITNESS WHEREOF, Michael S. Weiss has caused this,�lotice executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this _ day of �J , 20 ).(. to.-L By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss Date: exe.M�8f-—X..202-1 (Official OFFicx SE& Notay public • NoM Carona WMENBURG COUNTY, NC SHARON H. R0 INSON 2073 My Commission E Y expires: (Signature of Notary Public) Jj -Ya 4-Ors F+ . � t� i Nis n,U printed or typed name of Notary Public) Notary Public My commission 7 — l — P20.2- 3 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this day of DpCZffi6r,,.. , 20 Z! . By: a4,� L,�) - (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Patricia W. Weiss Date: eze 6y- (Official Seal) NOWY Pubic - North CAroma NECKi. WRG Co.*M, NC SHARON K ROWNSON by Commission Exon J* 1, 2023 expires: 7U (signature of Notary Public skkaV-oW , NSA1J printed or typed name of Notary Public) Notary Public My commission 3 Revised February 7, 2019 B36962 - P 376 Approved for the purposes of N.C.G.S. 14313-279.11 (Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA T-VEde I 1 courvrY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ro n a I d H . Ta ra b a n (full printed name of Regional Supervisor) Dat jUghA 2— 2 (official Se l) Sherian R. Black Notary Public Notary Public Number 20041820022 SH ERl �. m�� NnTMy commission expires: m %�'y 9� July 12, 2024 ca B36962 - P 377 ::;':� ; N 1 HurItleY Place P 0 denotes approximate site boundary r approximate location of soil samples approximate location of former UST ProjectManayer. Project No.CLC 711 SITE DIAGRAM Exhibit Drawn by: HEH Scale: N.TS. Irerracon Checked by: CLC FIIaNaroe: 71177121 2020-E Starita Road 201 Huntley Place Approved by: date; Charlotte, NC Char9 County, NC lotte, Mecklenburg CLC A n12017 p sy> JOHNSTON �� "� w 1� a yin. OH Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com WRITER'S DIRECT DIAL: 704-998-2253 January 11, 2022 Marcus D. Jones, City Manager City of Charlotte Charlotte -Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers 10;65 East I. co;eE• e ad Street, Charlotte, NC 28204ill MRITAS" jahlaw.com :.Aw 0 Att WOR11"wil.i 1179882.v2 29809.9001 S`.>"5::{z.}st£#Y/3?`,+G7n, ':Y't ;tf<.. >.C<•'./Y.. <31r,Y£E;"'er.Y, •6•W:. { •'•a s- :»:s1tt.1 °"'� 'Y: i<: t•.:H151,y;1,< Sht'lW.'• /. �.,: �Yrr .. ! .. i% i '>?q. • 15p'.. rr"tq,'.; ?'✓ /J $ <:1£N'y .. 'Y. u ..<..:,� ., ., v :, ....,:h.tt, .. �,... ... ...,�', :. �: 7,�..:, ..�., . • ..:.i.� .. ,:�. l/ ., .,, ,,.. , `€£�€€ st s 5 <;i:xh1•.. <.z . rs < r�<f«,,;<m<.�.t. � , .,,e>s. 1. ,1...,..f ..., .. .. �<..<. .. , : ,Q. r, : �..,..,, a.. 'tett.. .<..v .,�^ .,. .'�<.. ... s fi/.�`u '7i ✓r .... s�..' rro '�"$,�`' , Z "is:. .:s's .:� :. � , . Wa >., :, u x. <. , :. / ..... > �s ,..r..: , :.51�<...f= "� !, . •:. rs/'? : ...�, a,.�t,r„s:. . 1.. J � , . .. r,� .:.:..,,�,,.,, ::.. r. ,:. ,/.� :...., < ::,r sr. ,.,� .:.:.. 5 , ,5„t>�„ . 3:, . 5 JJ , s...:s�'tt'sa"fs•':.. r��rs , .,< .. < .r .: „ ;.., .. :. y<. ..: . .: f. ft v ✓r. . .o: ,. . < ..... �< . s,N ..:. f.>s. .in >5:. � : f: 4/...n?, t :ht. 5 ,, n,..h . €' . ,«<,f„:�7,,3;•tug...<&'.�f1�.uzfa�h;,,un,•.... < .�zz� : . ««<«..fz�:euc�r�.,r'«J::.1:tf::xa.. �:<z��<a€uJ;r,t,.,,s' , , ... ,,. %. «„ x,.., t...&5', t' :<z�? ?• '^ii . '1 ,.:�,�.:>n : sF�< 3sr�.J, ., .Y... s� ::,:§:" ,..:n . �k :/S <sF�,tt"r� �: ,';3�,,�• ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quality January 5, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 I5A 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at 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 map and declaration for a Notice of Residual Petroleum with DMooresville E . North Carolina Department of Environmental Quality I Division of Waste Management Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC rani caFouNn + aa+.m■m � rn.rp,�arw o�wnr 28115 1 (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 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 (signature required delivery acceptance or documentation of refusal), 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 by email at Trudy.Beverly(@,ncdenr.gov or by phone at (704) 235-2182. Sincerely, �'� f-M. ;6w Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1(704) 663-1699 North Carolina Department of Environmental Quality I Division of Waste Management D. EF Mooresville Regional Office 1 610 East Center Avenue Suite 301 Mooresville, NORTH C, � 28115 (704) 663-1699 le, NC NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place, Charlotte, 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". 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-279.1 l 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 Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael S. and Patricia W. Weiss of Charlotte, North Carolina are the owners 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 Being all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S-1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused this ,iotice executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11. this _ day of ,j , 20).j. By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss Date: 1�.('r? rrz YAP t` , D �-)-o2- � (Official Stu Nowt' public - NoCarolina s c aONauRG COUNTY, NC SHARCN N. Rt361N5QN CorrmiasW oy 1, 2023 expires: ,. ----- (sicgnnatfiure of Notary Public) "- 14 - printed or typed name of Notary Public) Notary Public My commission 7 -1 - QZD.Z 3 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day of c4e, 20 Zt . By: _v-a L�), 1� lt4�tn' (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Patricia W. Weiss Date. '% '0, 6"r- .)-V .20.Z (Official Seal) 0o#.iAL SEAL Nowy Pu* - North CArolu 1 CK WWJRG CO!l1M, NC CotnrnissI r a joy 1, 20=23 expires: (signature of Notary P� utblic printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 Approved for the purposes of N.C.G.S. 143B-279.11 Iry `�M T (Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA T-Vede I i 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 �Z 2 (official Se /) Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 denotes approximate site boundary approximate location of soil samples approximate location of former UST Project Manager. Project No. CLC 71177121 SITE DIAGRAM Exhibit Drawnby: HEH scab: N.T.S. Irerracon Checked by: CLC FIIeName: 71177121 2020-E Starlta Road 201 Huntley Place .� Approved by: Date: Ip Charlotte, NC Charlotte, Mecklenburg County, NC CLC Aril2l)1711 Y .. S U-1 M a, rC a) O 2 a' z C o cc Ln Ln O O co cr I— o 0 o I— LC►� 00 0 O m cn o 0 0 N c S N U W N U M E bg -E } GS 69 69 00 w O N C U c� S a ca Q Co w m w .y LL. FL1 O 0 LL- CD co oLL, v CL N ' CO m — cj cc � C a) a) 'o m 1 Q Q \G,i'z 00 00 cU �+ •- �' C U E o ti E m n cp E U E a) 0 z n U a) y (D w Q > .� a) ) C a m a `) Q'co Co C^N > cd U ~ j•= 00 W a) C X m o C6®❑ Ir =3 Ln z` W O U o- Q p O C.,) m S ` O Er- - ca -p Arq S U m Q- T JOHNSTON ALLISONHORD Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jahL-iw.com WRITER'S DIRECT' DIAL: 704-998-2253 January 11, 2022 Raynard Washington, PhD, MPH Mecklenburg County Public Health Department 249 Billingsley Road Charlotte, NC 28211 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. I Amy Rickers 10;65 East ' .-or heac Street, Charlotte. NC 28204Rj li Fi1TAS" jahlaw.com 0 1179882. �b£�:� <£�<��'�; -tH• �' y<�=�;;•€n'�£-�>•,;,<a€h.�z£���:�€£�r�n,:;�::£�:�:�<s.�-<£;�;�£��.: �<,. ,s--�< ,�, 29809.9001 :t � Q%i� ,,i£a:.:f: :q �;s£:,/<;: s::�R•s .N /< ':Y :� %%%' "�! %#''' i%.' sL.. �f�'s�.'td;o�x�&£�.�S.sft�%asi.&+�.��.'�%G���.'.2�''.,�'.�a/cd9�.'&...u`2.<' b:. „ ,,.:sP<: <,,,;ssrns:, > .9J�.''"�"„�� ::c: : �_<s"v.. . � :!'.ss..£: � .��'> �'gis�:y:: �£"•�i:�:sss?$ ::: 3t 3° ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quality January 5, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at 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 map and declaration for a Notice of Residual Petroleum with D E North Carolina Department of Environmental Quality ( Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC 1FWNA 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 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 (signature required delivery acceptance or documentation of refusal), 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 fled with the Register of Deeds and until public notice requirements are completed. If you have any questions regarding this notice, please contact me by email at Trudy.Beverly@ncdenr.gov or by phone at (704) 235-2182. Sincerely, Trudy Beverly, L.G. Hydrogeologist 3 Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1 (704) 663-1699 North Carolina Department of Environmental Quality j Division of Waste Management DE Mooresville Regional Office 1 610 East Center Avenue Suite 301 ,. � � 1 Mooresville, NC -1699 --�' , Q� 28115 1 (704) 663 NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place, Charlotte, 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". 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 143E-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 Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael S. and Patricia W. Weiss of Charlotte, North Carolina are the owners in fee (owner's name) (city & state of homeoivner) 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 all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S 1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused this,Iotice executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this ^ day of - , 2011. By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss (Official =hrfC1U7NBURGC0UN1y- M Cardlm ©UNTY, NCBiNSONes joy 1, 2023 expires: /y/ (signature of Notary Public) printed or typed name of Notary Public) Notary Public My commission 7 —1 — ccD,.?, 3 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 14313-279.11, this ?,io_ day of Decem6v.. , 20 21 . t By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Patricia W. Weiss Date: 6, . .Z0.I . (Official Seal) OiFtC1At V�4 Notary Pu* - NweM9 t3URG CWRON K RCommission Ex�2023 expires: .. (siture of Notary Public gna (printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 Approved for the purposes of N.C.G.S. 143B-279.11 iry "'✓ T ()gnature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA T—V&/Ie I I COUNTY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ro n a I d H . Taraban (full printed name of Regional Supervisor) Dat - Z- 2 (�cial Se /) Sherian R. Black Notary Public ►u'"""""'��u,, Notary Public Number 20041820022 ?a �� Nn�,� My commission expires: m,�''- 9�IL July 12, 2024 c� %0, 0C, denotes approximate site boundary approximate location of soil samples approximate location of former UST Project Manager. Project No. cLc 71177121 SITE DIAGRAM Exhibit Drawn by: HEH Scale:N.T.S. Irerracon Checked by: CLC PIIeNamee�177121 2020-EstarltaRoad 201 Huntley Place .� Approved by: Date: Charlotte, NC Charlotte, Mecklenburg County, NC CLC April 2017 t x � CZr w Q co E a w co a� Ln Q Ir d) I` Ln o O 0 O o p m m o 0 0 H z r, ,- CZ1 � N a-' � WCD ¢xaz fC 7 m c c _ o. L a W O Wa cc C, � cc CL) R oCD U� C _ C OC C OC _ eS! V C °-CD tZ t� ca a� m c* 2� c ,> a� a a rn Q Q �Z ❑ ❑ ° ❑❑ ro o C'. r U o :L- E o L o ►, E m f I, • ca Z CD 'o CD t C to (5 j m CO ro > >- vi I v N W I I I I Q i( m 0 cl I I 1 O N 12 — a I: ro I: m I� co _ ` ►° = o °O , Q tt - Q1 • r c �o C o) = 0) LO E i — �x U Q .-a �a C o�oc � U N x U Q��Z Qu Qzz�, a° m G W°�x NU . O it E o _ E U aU cd `a) cc°C o 1.'w 'c Da�im o « 00 U C �1 .an CO ti (D S co Z O O U I- 'C p Q o 0 Oco p CY) m E S o p LL a- ca v m Er I CV I R 12 JOHNSTON r '.X ..L„r.,.s1,9•e �h `2d�Y6 .& 1,u ?4 "fi` D Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com WRITER'S DIRECT' DIAL: 704-998-2253 January 11, 2022 Dena Dioni, Manager Mecklenburg County Charlotte -Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. !I I Amy Rickers 10;65 East N/Ibr head Street, Charlotte. NC 28204 m MRiTAS` jahtaw.com 1179882.v4 29809.9001 '/�, s ••iY SvSvsg :^.?' .Y rx'.Y:^,s>w. ws :s9f' : Y«?rEo :. yy`<Y �nYhzst'S.•.N,s<..«i: ' xM, r; s5s <':�ss• <•ss<y.�... .'sssv:Gs.,.✓s5s ss?5 (. £e . EY< ..'i££ �� 4`,' < » 3 .E... r,. x9•:. �,v ...£?3P.£:. 5i£:.. � .# .>::Y::».: z,.. e,.J .535' <:.<.� 7' <s'Er,^y"'! .'. oy:. z£ s < . 6 >£ .,>' .e £.I:. ,.I . .�' . 3 �. q.:,. n. ..3#%P..`%%`:`.%`.:5££:$p.Y v#'.. `✓:, ,� Y < . ?i>�5 5 ':Y .w3.1 • fi>. ...f" x. s .:.3: s: .z.n zY.. � ,. £, . Y/X�.. si: > "`S.S.E' ,':�%' Y Y5£J..�, .zi. .;5 l.. .•3>., n.'S:'N>r ��. .>£'n S*3..> :,C"r. :..;az:.c >:f £%p<. .`>5s �Is`s r5•� ,rSL: .rsfi ..<s. �, s� s.•. rk' ri£.Jr�« .3>:59's "F''. N L.r.�b`xua=�S?:�.�.�'w 9' ,> Y � ..�.%£ =sf's•"v.:.g;,,m' 1 ,��£%r,>r ..>..�v,.: £.s,. . ,5:., :£3 , ,z>,o5, •5�!%%.'.?»o,::ar: >i.%"�s`£ .3.fi .� y.a>.> .�FE���.6�Lrra.Fa..rr��.oz.�s��{s.�.�«:..�sf'.��:�ofz��'��.3:t:?5;.�'�€£.&zirurs;=F.,=.z=at�u's.?,.s..fium.«.,,:�.�;YFsa:5�;s4rm Y,YS.:Y,.�,.:<sw:r>�.wx;Hezau,:..�.l...i.:,�o;.u�Y�asn�.&:,�ro.�., ram' 7,.z:�uaau�'�:z=•a5>sa .nrw.sx.>:<s.?�.Y�3�:i'B.Ysu ���.aYa.�o.?tt%..las:. 5. ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quality January 5, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at the site. As soil contamination may exceed the residential MSCCs, pursuant to NCGS 143B-279.9 and 14313-279.11, you must file the approved map and declaration for a Notice of Residual Petroleum with D E North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC _'!ll��� 28115 1 (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 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 (signature required delivery acceptance or documentation of refusal), 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 by email at Trudy.Beverlyna,ncdenr. ov or by phone at (704) 235-2182. Sincerely, �"�w;6w+ Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 ( (704) 663-1699 North Carolina Department of Environmental Quality j Division of Waste Management D. EF Q Mooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC � 28115 1 (704) 663-1699 NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place, Charlotte, 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". 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 Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael S. and Patricia W. Weiss of Charlotte, North Carolina are the owners 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 Being all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S 1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused thisNotice executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this 'l day of , 2011. By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss Date: (Official OMM SEX ` NOWY Public . Nodh Cat>6ru+ p,�Cp,BNBURG COUNTY, NC SHARCN N. ROMSON 2023 Nty CortmWSW Ex irea uh expires: (signature of Notary Public) <:; Jvt�ntv 14 . i ty".2)n.J printed or typed name of Notary Public) Notary Public My commission 7 -- ! — c20,2 3 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 143B-279.11, this _ day of ,Dl c,&m6r . , 20 21 . By: _ �a.......... W.,Z4��3 (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Patricia W. Weiss Date: (Official Seal) OFFiC1AL SEAL Nolt�ty+ Pubic - LONwth C WOUNSUK COU M, NC SMRON x ROV4MN W Co m imlon Epkas jo 1. 2423 expires: 1 -- 0 (signature of Notary Public ,raY N r t� .5 a tl*--) printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 Approved 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 NORTH CAROLINA T-Vede I I COUNTY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ro n a I d H . Taraban (full printed name of Regional Supervisor) Dat2 1 2:012 (Official Se /) Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 il denotes approximate site boundary 0 approximate location of soil samples approximate location of former UST Projectllanager. Project No. CLC 71177111 SITE DIAGRAM Exhibit Drawn by: HEH Scale. N.T.S. Irerracon Chocked by: CLC FIIeName: 71177121 2020-EStarltaRoad 201 HuntleyPlace 1 Approvedby: Date: Charlotte, NC Charlotte, Mecklenburg County, g NC CLC Aril2017 P "0 U) 0 W co w cn m I Al 0 O CD sa 0 (D C 0 cD a• N W (D nod d a8� :.a > o CD z CD Er a Pmxa o�r�d D a co L n CD0 CD co o = to C3 r' 3 W z rb O w co o n C) a N nz — W p y 3 N Oa z� o CD IQ c - Ln co C c CAD a, fU -� v Ir Ln — 0, m c CD 0 m 0 3 CIO co o CD 5I , ❑®� Cv �( D `D 00 CD CD = � N - cf) O =t! 0 a (D m m . Z (D < n cry m o _ _ m a Cr o C0 CD a a CD= _ a CD , �' CD (D chap a Z a a a Z CD 0 Cl CD3 0fD y `° m o 3 ccD 3 O CD 0 3CD n �� l00 �� `w� (n 7 (D a CD CD - 0) CD CD • --r o d -o c� C c co C CO • d 5 00 R a a , 0 0 Er Co. o r Cco m °xzo �' y � cow CD r z y a o � o � z co , rA - CD N n z DO°> b -J3 0 CD N m N ..j rA O O O W W LU O 00 �j o W O O O O CJn -_j (n O O Li ' s Cb 10 nn�' fn Ln Pr JOHNSTON NHORD •.. L:tax: S O Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com WRITER'S DIRECT DIAL: 704-998-2253 January 11, 2022 John and Sue Scott 173 Huntley Place Charlotte, NC 28207 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers 10-65 East I.M.1--o'ehe at Street, Charlotte. N+ 28204 ii M E 1TAS' jah(aw.com 1179882.v5 ''�A,£:"�",�££vr�rs,�a'�;£s:<ra£.£r.s. ,:� <•r.. :£�::�:�£;��:.,�;�.�,�<,- 29809.9001 : dst<.;�s.<i< �ss:3 'n .s#'•,'y > {<;uq&; wttt;;ass, i&,"rsr""�<s. c<•:.,q'>s .H•<ssss•x>: r �, isn. .,"A•�. .D`"E�rfr.`<''" s:, �"... ,. f.�' ." <r,.>,,. . C...> ssn£££L."££`:s�:%F' I�is:2..r :.�%i�,' ��,><<'..,"£.i .e, "'i3.. .ss<�,i' r E'y• .•.,..v:,:�";. �>:: ,ass::, .<:3£:/••'i:;".:£x?"'Yak szS'<� .y ... F i.,,s?n4:Ls`is`>! :... , .U' • ../.,, R ^s 4 . i, as•.<s>f';>'H.6hn."".v'ss?e 3:.. Y%.. ,..."�.: 3s#,.. •"�j>.. ,.�'<ss:>,<q.... ,.,< .F ",£�, < :<e.�s ,ss ..iT.`..7. , ' 3 J"'y a s�tlt ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quality January 5, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at the site. As soil contamination may exceed the residential MSCCs, pursuant to NCGS 143B-279.9 and 143B-279.11, you must file the approved map and declaration for a Notice of Residual Petroleum with D,E North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1610 East Center Avenue j Suite 3011 Mooresville, NC !; 28115 1 (704) 663-1699 u.Pa.tma,t of E,vYonmmtw uua+nr`\ /^� 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 (signature required delivery acceptance or documentation of refusal), 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 by email at Trudy.Beverly@ncdenr.gov or by phone at (704) 235-2182. Sincerely, Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 ( (704) 663-1699 North Carolina Department of Environmental Quality I Division of Waste Management D.EFQ��'� Mooresville Regional Office 1610 East Center Avenue I Suite 3011 Mooresville, NC 28115 1 (704) 663-1699 NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place, Charlotte, 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". 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 Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael S. and Patricia W. Weiss of Charlotte, North Carolina are the owners 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 Being all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S 1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused thiV otice executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this ^ day of , 2011. By: kc-L- (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss Date: (Official 0mm m .. Notary Pubic • Nom Cad" MEC#Q,ENBURG COUNTY, NC S�tARCN H. ROGI NSON 2023 tu�r Commission B uh expires: (signature of Notary Public) 'ro 14 printed or typed name of Notary Public) Notary Public My commission 7 —1 — *?D.2 '3 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 143B-279.11, this day of , 20 ZI . By: • U - (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Patricia W. Weiss Dater (signature of Notary Public , kaYo t j A itk N a !-J printed or typed name of Notary Public) Notary Public My commission expires: Revised February 7, 2019 Approved 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 NORTH CAROLINA �LV�GG� L I COUNTY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ro n a I d H . Taraban (full printed name of Regional Supervisor) Dat 2 (OfflCial se /) Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 denotes approximate site boundary approximate location of soil samples approximate location of former UST Project Manager. CLC ProjectNo. 71177121 SITE DIAGRAM Exhibit Drawn by: HEH Scale: N.T.S. Irerracon Checked by: CLC FIIeName: 71177121 2020-E Starita Road 201 Huntley Place 1 Approvedby: Date: Charlotte, NC Charlotte, Mecklenburg NC g County, CLC April Transaction Details Recipient: .JOI-IN AND SUE SCOTT r 3 HUNT LEY PL .CNARLO T TE, NC 28207_2213 Sender: Amv L. Rir k ers Johnslon, Allison & I for , PA '065 E, Morehead Street Char.otte, NC 28204 Transaction created by: Anita Ste;ear; UserlD: 18700 Firm Mailing Book ID: None Batch I D: Transaction History Date Created: 01/11i2022 12:36 PM Date Mail Delivered: 01i-1312022 10:67 AM USPS Article Number: g31 76W3004300090534623 Return Receipt Article Number: 0600969904300,000-58-4625 Service Options Mail Service: Reference #: Postage: Certified Mail Fees: Status: Return Receipt Ce: tithe,: I� 10 C;ertFi d 29809,9010 (ALF1 acs) $0, 1 3 86,80 Delivered Event Description Event Date Details USPS D Retu rn Receipt 01-11-202:2 0 2:2 0 F !M CUSPS) - RETURN RECEIPT ASSOCIATED at CORNIER S,NC U aps(S .; Ce€fified f lai; 011 I'-2022 05,2 PM [USPSJ - PRESI--ilPNIENT INFO SENT tJ.SPS AWAITS I�E a� Cai)I NELI LJS, k% U SPSf"; Cerfifi - d Maii 01-13-2,022 10,,57 AMit UPS) - CERTIFIED tv,1AIL DELIVERED LE: T • I I H INDIVIDUAL at CHART-01 —L,NO 1 U.S.. FOSjd, j" ..o - MAI RECEIPT CE RTIFIED Mail only Domestic . icogs ARTICLE NUMBER _ Certified Mail Fee $ 3.�5 (Return Receipt (liardcopy) 3.05 Return Receipt (Electronic) $ 0.00 postmark Certified Mail Restricted Delivery $ 0.00 Postage $ Total postage and Fees $ Sent to: JOHN AND EY PLCOTT HL1 173 N NC 28207-2213 CHARLOTTE, 29809.9001(ALR/acs) 2015 PS Form 313QO, Facsimile, July 0 NSTON j0',H, szaw ems?»ssf�1 E 'i � ... �,, �Gd4� 3� Yr,. Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com WRITER'S DIRECT' DIAL: 704-998-2253 January 11, 2022 Jason and Jane Elizabeth Huff 209 Huntley Place Charlotte, NC 28207 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers ?i)65 East N/1-1--orehead Street; Charlotte. INIC 28,204it MERiTASy jahlw.com e.AYf f 3i?AS V,v;tRi.s^^.iY't:^,i 1179882.v6 29809.9001 "sEYw}"<�;;t.1Y ;<E74snA; ,yn 4,;;h#s> %r<,;m Ch'%i. ..as:i;r ,••wsY. •:Hsrsr .vE^w•,• s •snH • ss3 ,Rs: .<� :./s::3:`!%' YV#%iM E s14'n {nsy x nor« �.u>Y.<Yi'... .,,�. '•n.3'., sx'.. :: ::F:`: .: ,:ssY:<:sYans £. .. ,sE< f.i:..4'/>'/r <s%. .ts..X3: it . '(.sw .: %f .i%1ri.<< .':�: F kEsu. :onsssy/!•>.>, :�I : :::�-s:�:=:::;ems.• :,'s,: Es:1::,Y,.s. ... , ( %. s. .,• ., s: »s1.,:s..<,: ,: ..: .,. :A�<>, ,!%," .Y %i .>s.: ».:. . >�, s. ,, ... . E z : � .:..:. ..�:. ,,. »>:fi::.. :.ry .: .» :.s .. ,.....r., E. .. .m�� . n, .:. 3.,s...iY�>s::;,,,s.,: :>.:..<:<,�>. ,<....' �;.•, :. ..�,5s">••�iy>.: £f>> , :.. .. > s. a�+�w. <.. v,5d� > . .rra , �: ,.�_ ::: ...,>»., ,•.»...<,:�>,.,:,.,;%s�«>,,,.::.:..,.. .�<„!�.., E< a,..e:.>.,.,:. :.s:»: � >t. � :.,<. rt»<,�:<>.»5...<::.�,�:�:'�:�€h::: h:i:.:r � � �'. �tss ..,: �.<a>dl�i:�s1.t.<u«�.<�»s,,E..�:.«v �Xr. :... �,. > : ... ..... <:..,:..«......s��.' > •�, a.i.:,. <,s�: > :.. ,». » ..,>: .z� .'Y�e�t>u� ,6i.3.ss.�e,<..x <,.EQE<aF.z,::..u.:.L:.Kas, S..sE?..,T<•.«,,.,<.:..,.... f :::.r ..2E>s n.3.> . I..,yi''s:'if%i�:ssu'..E�!�::>?><:., v;�:.,<>: »>£ w•::w:., :>.:>«: Y...ss,,...e,3. ps, .:t,A ,:.:'ss..:,.<.1• .,�»ni:;,s : �r� •���,s� ' �'� :�3�: �< . <.,o>:.«Lt<Et<..<aaz«a a<i1�s�.�.a1z�x�s.�'�<., z:�<�,«&,.,:u,iSs�«.,cz..•,:,m.<;;<..<q,•,.,zE.za%aE;u��:E�.ou.�1.<b.,:a'�d£ass�Ew<�.fsluw:E!»sz%��'2zfE><%.��h� £if�'"�`.�c�fh%'EE3.� � - �;'��r� ROY COOPER Governor ELIZABETH S. B1SER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quality January 5, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at 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 map and declaration for a Notice of Residual Petroleum with D,E North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC '.Wbr+ kW�.nw uw28115 1 (704) 663-1699 wwe nr 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 (signature required delivery acceptance or documentation of refusal), 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 by email at Trudy.Beverly@ncdenr.gov or by phone at (704) 235-2182. Sincerely, 6,44+ `m ;6w+ Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1 (704) 663-1699 D EF North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office ) 610 East Center Avenue ) Suite 3011 Mooresville, NC "�- 'KA ,f 28115 1 (704) 663-1699 NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place, Charlotte, 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". 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 Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael S. and Patricia W. Weiss of Charlotte, North Carolina are the owners in fee (owner's name) (city & state of homeoivner) 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 all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S-1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused thiV otice executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day of , 2011. I By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss Date: e.rn6--r (Official CA& SM yOWY Re* . Nddh C Cp,gNBURG COUNTY, NC ON H. ROM SM 2023 My (,atmiiCx► ExireaI expires: (signature of Notary Public) ;Jvirvr,� 14 -�A'�j.5z)rj printed or typed name of Notary Public) Notary Public My commission 7 — J — 420-7 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this day of f , 20 21 . t By: • (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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 forep-oiniz document: Patricia W. Weiss Date: e '.gt ey- . (Official Seal) �toir+a,NCfXd4kiw1,1023 expires:—!— — 21� (signature of Notary Public o (printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 Approved 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 NORTH CAROLINA T—VF-de I I 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 � 2 (C0)fff7f-1cial Se /) Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 denotes approximate site boundary approximate location of sal samples approximate location of former UST Project Manager. CLC Project No. 71177121 Irerreacon 2020-E Starita Road Charlotte, NC SITE DIAGRAM Exhibit Drawn by: HEH scale. N.T.S. 201 Huntley Place Charlotte, Mecklenburg County, NC 1 Chocked by: CLC FIIeHame: 71177121 Approvedby: Date: CLC 11 April 2017 Transaction Details Recipient: JASON AND; JANF ELIZABETH HUFF 209 HUN T LEY PL NARLOTTE, NC 28207-221 - Sender: Amy L. Ric leers Johnston, Allison & Hord, PA 1065 E, MorehezKl Street Chanotte, NO 28204 Transaction created by: Arita Ste=kart UserlD: 18700 Firm Mailing Book ID: None Batch ID: Transaction History Date Created: 01""11,120 22 12:37 PM Date Mail Delivered: 0111312022 10:47 AM USPS Article Number: 9314'769904300090584678 Return Receipt Article Number: 9 90969904 s00090584670 Service Options: Mail Service: Reference #: Postage: Certified Mail Fees Status: Return Rnei.;t Certifie :Mai: Frei tifie' 29809,9001 (AL -%acs ) $0, 7 3 $6,80 Delivered Event Description Event Date Details USPS(DI Return Receipt 01-11-2022 02:20 PM [USPS] - RETURN RECEIPT ASSOCIATED at CORNFI...ILJS,NC USP&0 Cortified 01-11-2022 05 23 Pia [L)SPS] - PRIG:: HIPI1 ENT INFO SENT USPS A,,/AITS ITEM at CORNI=LILJS,NC '' LISPS, C ortifie;d Mail 01-13-�2022 10,47 Ada' [USPS] - CERTIFIED MAIL DELIVERED L I WITH INDIVIDUAL �#`JIDUAL at CFARL07TIM,NC -> 1-vy HUNTLEY PL r�LIZABETH HUFF CHARLOTTE, NC 28207-221 S - I LyLR/aes) ...�.-'0"nnerJU1Y 20' JO...HNSTON .. .,: Y; .y3;: s ,gym O s z L H- D Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com WRITER'S DIRECT DIAL: 704-998-2253 January 11, 2022 Bruce Cairnduff and Dixon Clark 1217 Biltmore Drive Charlotte, NC 28207 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers 1065 East Mbar ieac Street, Charlotte, NC 28204 Tff Mi7A5y jahlw.co 1179882.v7 29809.9001 i 3 3` . i` . Y: ,Si, i3':�: F :: ��'N... sue`; 3 s',s ?kt yms: , . ,sss3n'.: �sr< ,fir "-; xs"in.T,.: <^' • ; r�ir , :&a<i'9:' . o ,1,:1 �? >`;.�i. `. w 3�:•'•°fi •3.�..: 3 . �;<,»'`�,.:. ..s`�.x. F� : .$ ,z£:`.:"i>a'gi�s�%f �,�.s-�:f, �•�`af==:�H' 3�. : €� :!.✓ , <: �' s� : . s .s.3� �`"' •Y :s s::✓:..> l:'.r:,, » c...:,..,s<"..,>.z.<.s;.'r<��::>s�s': s : s •, .,.,?> 3> „�' �'. '•. vu,, 'h • �°� #.' �>w>s�vs..<,,.Y:: ::E.. �:: .:F.,:fs£,>£=.: iti>:.b .d. „ht �f?•. » �i':. •,s�" £. :,9..:n fizz .b'?'>,i>%0%�??:srra,.�i' .��/s .rs, ,r�:� :ay.hx?�� .�w,sd ..:r> �:�'.ri. n::�ZA.,�t3f��h�:����"�ta�r����a,'�uz'�3€�.�:au«�z✓ez,dz�:x&zzzr..�:»"RY'o�%w:�r,.�.>i��&�ua,»:>"«r:•,�t.3 zY:gs''z:�E`x;,...iz:;s <> .�.i>.:..: •<Y s.':. si �< ROY COOPER Governor ELIZABETH S. B1SER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quality January 5, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at 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 map and declaration for a Notice of Residual Petroleum with E North Carolina Department of Environmental Quality I Division of Waste Management e:!0r::f Mooresville Regional Office 1 610 East Center Avenue j Suite 3011 Mooresville, NC aw�cr B 1. ` �w owinr� 28115 1 (704) 663-1699 om of � r�,.,/'� 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 (signature required delivery acceptance or documentation of refusal), 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 by email at Trudy.Beverly@ncdenr.gov or by phone at (704) 235-2182. Sincerely, cm. ;6w+ Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1 (704) 663-1699 :�,V North Carolina Department of Environmental Quality { Division of Waste Management D::IE •// Mooresville Regional Office 1610 East Center Avenue I Suite 3011 Mooresville, NC NALIAM� 28115 (704) 663-1699 NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place Charlotte 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". 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 Book , Page (name of county) 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 Michael S. and Patricia W. Weiss of Charlotte. North Carolina are the owners 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 Being all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S 1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused this Notice executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this _ day of OVAAV,2011. By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss Date: (Official ` wry Public • North Cadw MECM NBURG COUNTY, NC SHARON H, ROBINSON 2023 My Catnmissor► �l+ expires: (signature of Notary Public) 1 Dk �j, TnJ printed or typed name of Notary Public) Notary Public My commission 7 -- ! — 420,23 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 143B-279.11, this _ day of DeccmLe& 3120 21 . By: W; ..U14�n - (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Patricia W. Weiss Date: ti t 'r .2-0 2-011 (Official Seal) OFFMGAE. BEAT. LNCoOwUy Mlwth C4*8 coiN iY, NC VMON K ROWNSON li+Mj C.orttrniseion EcP3wJ* 1, 2023 expires: G - 0 (signature of Notary Public )6roN ., a printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 Approved 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 NORTH CAROLINA T—VF-de I I 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 2 (Offlcial Se V 2 1 Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 denotes approximate site boundary approximate location of sal samples approximate location of former UST Project Manager CLC Project No. 71177121 Irerreacon 2020-EStarltaRoad Charlotte, NC SITE DIAGRAM Exhibit Drawnby: HEH Scale. N.T.S. 201 Huntley Place Charlotte, Mecklenburg NC g County, 1 Checked by: CLC FIIeName: 71177121 Approvedby: Date: CLC April � N cn o W cD R 3CD r O a u A �• cn Cl3 . r L1J co `o 0 c � o D C) cn o CD Z Ln C Q r CD r Ln N 00 O 0 0 r 0 0 (D n n m m CD CD 0 CD 0 0 m (D a o. ww co cn �� CCD M m CD CD o - - o � s O i co cJt 00 co __ N O n y C v ao >c CD CL CD V i CD cr CD a `G CL CD m N ,z a CD CL m (D CD <-- � o D 0 �.o -� m N° oC D< oQ n N <' I �CD CD V) co -0 cl�l = h 00 P." .rr�/� r+ ate[ CD en 03 co � co m � m � E. O co a cn ._ r^ d m cv O r O n T M CG n CT L d co cCD co o r CD zme co _ � -� = 0 N O o r OCD v z CD CD W L1J o . -, 3 N d j o W O O O o (n -_j Cn o CD 0) ^*. 0 o -0 o .. n r~ Ln 03 0 r N r (D Ln JO,,HNSTON .1 LISJ '7, s 3 HRD Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jahLiw.com WRITER'S DIRECT DIAL: 704-998-2253 January 11, 2022 Perrin Place III Townhouse Association P.O. Box 35144 Charlotte, NC 28235 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers 106'5) List 'u oreheac Street, Charlotte, NC 28204TH Mi liA5" jah(a.com 1179882.v8 29809.9001 '9 � 4t' . %£s•Ct. k . .!T'< «s?rs«Wt'tsr:: '•, sr r: .5.. 6s'-. «£:3v i ss�'sY<'.' . 3�"Y,' �' ` Y .�• ,. .: �rtrr ..N Y� 55' � X+: li .cam•. %i.b{.'%!'Sn%' %�i r stw r. s� f s• o. .<�'se.%�� 5£ .�. J.,a�..: �:, »,�/na. :.3s.s...m, ..5� ,.,3.,. ..: 'sm ,•£ssF�'Y i Az, `"si <v._r>�s,! `3,: si� : �sr f�ffz�.,..�.,,.<,.»fi�...�«.�aF<HN:«�s�..�c�.,�,....€ai�wu F���'a«.�.�..zs�F.uua:t<a<�ztrd,.�..ss#.u.,,M«<�l�t�s;:s;a:ua.:.<s.�.>�>?z<z.,ii�saf,�53.�x�7a.,,i:•,.<s:<«r<��;z4sh�..'", .�s:,.,,:<,,.,,.H :<`�5£s ,t.,a.,��t. <.. ,, �'.», ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quality January 5, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at 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 map and declaration for a Notice of Residual Petroleum with DNorth Carolina Department of Environmental Quality I Division of Waste Management E QMooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC 28115 1 (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 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 (signature required delivery acceptance or documentation of refusal), 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 by email at Trudy.Beverly�a,ncdenr.gov or by phone at (704) 235-2182. Sincerely, �W4 Trudy Beverly, L.G. Hydrogeologist 3 Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 ( (704) 663-1699 Q��'� North Carolina Department of Environmental Quality t Division of Waste ManagementMooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC "�-� 28115 1 (704) 663-1699 NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place, Charlotte, 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". 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 Book , Page (name of county) Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg Coun Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael S. and Patricia W. Weiss of Charlotte North Carolina are the owners 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 Being all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S-1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused this otice executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day of t 20;.i. I By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss Date:e-t'�m�t?r (Official*AW aC expires: '; ,d�"i•-Gam------� (sigma- ture of Notary Public) fv, YUtJ 14 _ �0i " : Z)r j printed or typed name of Notary Public) Notary Public My commission 7 -1 - a20-2- 3 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this �_ day of the* , 20 Zi . 11 By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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 sip-ned the foregoing document: Patricia W. Weiss Date: ew1h6ly-ell (Official Seal) u. sue. Net Cs *0 SNARON :0A OWNSON wy Canmiasi: fY 1, 2023 expires: — -- i} (siature of Notary Public gn ) kat-o tj printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 Approved for the purposes of N.C.G.S. 143B-279.11 LYVK.� T (Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA TvEde i I 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 Z 2 (official Se V Sherian R. Black Notary Public oW1111111►►►mv,�� Notary Public Number 20041820022 NO �s My commission expires: July 12, 2024 m �C denotes approximate site boundary approximate location of soil samples approximate location of former UST Project Manager. CLC Project NO. 71177121Irerreacon 2020-EStarltaRoad Charlotte, NC SITE DIAGRAM Exhibit Drawn by: HEFT Scab: N.T.S.. 201 Huntley Place Charlotte, Mecklenburg County, aroe, ecenur tY� NC 1 Checked by: CLC flIeNam71177121 e: Approved by: Date: CLC J April2017 z Y o � CD H CL uz oW �w d¢ �z Ln LC) o o cn CD 0 0 � I- p �n x� M o 0 0 r3a M O d oN i [—, W o0 09 Eft ff} f�} ff} b9 (y T � U cm��aW T V W �za, LL. Oe C CC � � m fC ��WQ CD � o x R rl- C aUooU 0 L m co E LLL 4- 0 (D L a) CD c a) .> m co Q Q 0 �Z ❑ 20 110 ca p Cl. U r- r � 0 E o� U) m Zca CrJ CD Q a) a) W a) a } Q m o c O cu E — U 0 (D x CD a ^Q LL cr i.L •c •ca O D' r U ; a) 00 CJ� U)UU � C,j®❑ c L a) a) E 0 0 V W O �r! co Q� d En co �Dd o Ln E U 0' 0 'n O M O dC>¢ o C O O _A co m m .E o Ud�Z E O.O C) I� d�WW 0 ca LL Q" W Ir cam —000 r C D W�Mx Q. U oo U m ° �- U in- T' N JO,HNSTON ALLISONS Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com WRITER'S DIRECT' DIAL: 704-998-2253 January 11, 2022 Perrin Place Townhouses Ltd. c/o Home Realty & Management Co. 3030 Latrobe Drive Charlotte, NC 28211 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers Y)65 East Mlorehe ad Street, Chairlotte, NC 28204 111 M RITA .; jahl w.cor LAW "RMS V:f'!RLi:WIN 1179882.v9 29809.9001 l'Y/H. :. ,, n % . <% 1.' M' 1 Yi1 ' 1 %f5s' "<%<•N. «f% , u.., n"f<r , .: ff <y%<. ., %f . l . . K'K .�lY'�.'. » �%%S£ .i .f#.. .. f%.°f'.5r 5oi'im"n .5<f S.¢'.,'f�,t% :•�� ���� .::1£ .. �� i�% � / ,n.'�'f%. l.' t t? �. . �Ff:...y >s ... a: s.. . f � .. ' % $ .h s '' �'u3 . ss., :. ,..... , '• s, . •.. ., s£Y�ss'. a,"% .......::> , �:,,sx ti}Sa` '%3%`.x..: 'tS ... i, • s < • s ....:. fY is'` % ems" , ' � i.. i". ».£>.. �. r: .,s4 <,. f,. :»£? .a1. .£l Yro,r, ,,, :, .,�•...:: s,l.. H:.. �.. sue:>. .,.. sir .. .,f�,,., .,,:r...,s. /.. �. »f>sf' <�, :., b .d3. 7 ,?s�',. >is � u'Y•• i:dvls .Y£sxs:i »>,». "'s9 :9 ..R' '., �'. .f#s, a, . ». ,.�..;Y n�S�� Y. .. ,i�£:5f..5i�fi.1.£ .b.. ,.£ 1.�..9 'f3'�':3:"33.' �i�i:1'f: > ro.5, >...�:. �£%s ro •: %�.<Y l..(!/�/•<< <�' ..v. ,vs:. .,» '<'o"'•!. >.,�, .< l: .,.. ..F :d.: b: as,c-?;.., .Y ,A:. n, ,.<i, f3ss,£:; is%, s: :f .. E;r aYff. : .. .: Y. < /,. Y Rf2, Y.,. � �. .K:: . ..... ..Y,. .: / :...J , .:!'/.". ,. f .+f f. l..>fi< YS..%. ..f .f:.�, Y' f u f/�% .,�K 5ff �. Y /Y / •..�. �'�.3.;uYr.���t'.�at�,e��<f..t�.�f.�f.��:�..t�3.�'0��%�::w,�sxw�,u,W:�u.f,�Y.�.MxY�zvz%{�'.,zY�.r:,,M<£f>'�z>•..,&f.£�:lxara�>z+.�«�„� £� t.v �'£. � �.�x£<�r�2„�. 3zsssew..:1<%�,3' 3, j r:� �• x<%'.�xc»�x.x��3.�:s,.�:a:�:.u..�.rx.6r.,.xx�.w ��:a€.�:('P•&£.�,s.��.�i<,�<G�<.a.�.<�4..hur$�f,,,y�,rw�.�lr'v.:>3sr�f%Sx<£.�7ei��a<.�s% {sx:3, s� �h' ' ,,,�wc����,''.o'��''€'x ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quallty January 5, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at 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 map and declaration for a Notice of Residual Petroleum with E North Carolina Department of Environmental Quality I Division of Waste Management DMooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC raani c�ouw� `� 28115 1 (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 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 (signature required delivery acceptance or documentation of refusal), 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 by email at Trudy. Beverly(Z�ncdenr.gov or by phone at (704) 235-2182. Sincerely, JM+ cm ;6w+ Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 J (704) 663-1699 E.y� North Carolina Department of Environmental Quality I Division of Waste Management •/� Mooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC 'r 28115 1 (704) 663-1699 �Em1rw+Rrna� V NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place, Charlotte, 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". 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 143E-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 Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael S. and Patricia W. Weiss of Charlotte North Carolina are the owners 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 Being all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S-1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused this otice executed pursuant to N.C.G.S. Sections 143E-279.9 and 143B-279.11, this day of , 20;L j. By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss (OfficialSEu NOWY Public. NOM C MECi(l1;NBURG COUNTY, NC s,}IgRCN H. RoSiNSON expires: (signature of Notary Public) 14. -Kokt,�vrj printed or typed name of Notary Public) Notary Public My commission 7 -- 1 — 420-? 3 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 143B-279.11, this day of Decmhe&, 20 7.1 . By: s I ujzt�n (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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 sip-ned the foregoing document: Patricia W. Weiss Date:��t✓.� (Official Seal) Oi;~iC�tAt SEAL. NOWY Pu* - North Csroe+ d 14 CKi NlftK C *M:,, NC SHMON K ROWCON MY Corr�mia W Eon J* 1, 2Q23 expires: " 0 (signature of Notary Public printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 Approved for the purposes of N.C.G.S. 143B-279.11 {yV�/ T (Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA 7-yede I I COUNTY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ro n a I d H . Taraban (full printed name of Regional Supervisor) Dat 2- (official Se l) Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: u ly 12, 2024 i' denotes approximate site boundary Huntley place ,,,,� ,� approximate location of soil samples approximate location of former UST Project Manager. Project No. SITE DIAGRAM Exhibit CLC 71177121Irerracon 2020-E Starita Road Drawn by: HEH Scale: N.T.S.. 201 Huntley Place 1 Checked by: flleName: CLC 71177121 Charlotte, NC Charlotte, Mecklenburg County, NC Approvedby: Date: CLC I April2017 CO -i 3 w OD 5. A� n L C N O 0 0 3 Co n m CD _ J3 J r .n 0 O 0 t 02 Ln x n CD CD CL K O W Cp O O D n CD Z 6 CD N 00 0 0 0 a r n 00 xwpm" m r C4 r zdam 00 cn O � x .-a C a zC/) ar �d ;a ;31 CLCL CD U CDCD 1 CD �CD (D oCD 3 0) [am CD m CD CAD j a N 00 O 1 Q 3 l ° W 00 --+ a Q - CD m p ------- (n CD c a rn m caw at c- co a l ` 0 ` It= C t0 CID �• S' CD CDcc z CD o C/) � -- m �mb o m ,. a ca zCa y a 2 CL C O ��co nd00 N N az o 0 �C C) CD o w w v, --j o 0 w o o 0 (n --j cn am and m0 z �° -T� JOHNSTON ALLISOYea N"ORD Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com WRITER'S DIRECT DIAL: 704-998-2253 January 11, 2022 Elizabeth Wells 206 Perrin Place Charlotte, NC 28207 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. 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BISER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quality January 5, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at 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 map and declaration for a Notice of Residual Petroleum with North Carolina Department of Environmental Quality I Division of Waste Management E Q Mooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC r,oanicr,�ouw, �'� 28115 1 (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 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 (signature required delivery acceptance or documentation of refusal), 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 by email at Trudy: Beverly(2)ncdenr.gov or by phone at (704) 235-2182. Sincerely, JA� 4.&+ Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 J (704) 663-1699 D E North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC tlpRT�i�R1 28115 1 (704) 663-1699 �En.ronnr�bl aw�b V NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place, Charlotte, 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". 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 MecklenburglCounty Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael S. and Patricia W. Weiss of Charlotte, North Carolina are the owners 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 Being all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S-1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused thisotice executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this �_ day of , 2011. By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss Date: �m�[?{ , D, ��9. 2'. (Official.S 0MG1 SM Nptjy Public . Noah Card" WC#d.ENBURG COUNTY, NC S pN H. ROO NSON MY Expires Duty 1, 2023 expires: (signature of NotaryP11ublic) [ i� r,9 rN 14 _ printed or typed name of Notary Public) Notary Public My commission 7 - 1 - 420-2 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day of _kph. , 20 21 . By: • ........... (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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 sip-ned the forepzoin document: Patricia W. Weiss Date: e,ceq, y- � .2W,.Z �. (Official Seal) LOWNe*0qUOi�1ClAt SEAL North C�r*A WUK CAUN'tY, NC %MON K ROWNSON W Commission Ex .�y 1, 2023 expires: J — [) 0 F (signature of Notary Public printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 Approved for the purposes of N.C.G.S. 143B-279.11 aV jai T (Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA T-V&4,c I I 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) Dat4 z- 2- (official Se /) Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 denotes approximate site boundary approximate location of soil samples approximate location of former UST Project Manager. CLC Project No. 71177121 SITE DIAGRAM Exhibit Drawn by: HEH Scale: N.T.S. Irerracon Checked by: CLC FIIeName: 71177121 2020-E Starita Road LO� Huntley Place 1 Approved by: Date: Charlotte, NC Charlotte, Mecklenburg County, NC CLC Apri12017 Transaction Details Recipient: ELIZABETH 'WELLS 20€3 PERRIN PL. CHARLOTTE, NC 28207-22.24 Sender: Array L. Rickers ,Johnston, Allison & Hord, PA 1065 E. Morehead Street Charlotte, NO 28204 Transaction created by: Anita Stewart User ID: 18700 Firm Mailing Book ID: None Batch I D: Transaction History Date Created: Date Mail Delivered: USPS Article Number: Return Receipt Article Number: Service Options: Mail Service: Reference #: Postage: Certified Mail Fees Status: 011111,12022 12:53 PM 01112 2022 10:48 AM 9314769904300090585392 9590969904300090585394 Return Receipt Certified Mail C;ertlfled 29809,9001(ALR.- acs) $0.73 $6,80 Delivered Event Description Event Date Details USPSsJ Return Receipt 01-11-2022 02,20 ?M [USPS] - RETURN RECEIPT ASSOCIATED at CORNELIU S,NC USPS(4) Certifipd Mai' 01-11-2022 05:23 PM [USPS] - PRESHIPl~r"==ENT INFO SENT LISPS Xv AITS ITEM at CORNELIUS,NC USPS4°D Certl=ioa Mail 01-12-2022 10:48 AM [USPS] - CERTIFIED MAIL DELIVERED LE;FT WITH INDIVIDUAL at CHARLOTTE,NC Postal Service@ CERTIFIED MAIVRECEIPT DomesticU.S. ;Certifier! Mail Fee — Return Receipt (ttardcopy) 3.75 Return Receipt (Electronic) 3.05 Certified Mail Restricted Delivery $ 0.00 Postmark Postage 0.00 Here 0.73 Total Postage and Fees Sent to: ELIZABETH WELLS 206 PERRIN PL CHARLOTTE, NC 28207-2224 Reference Information 29809.9001(ALR/acs) n S Form 3800. Facsimue, July 2015 JOHNSTON 0,10- RD Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jahL-iw.com WRITER'S DIRECT DIAL: 704-998-2253 January 11, 2022 Family Trust U/A/D Richard & Deborah Clough 204 Perrin Place Charlotte, NC 28207 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. 1 Amy Rickers 10;65 East "toreheac Street, Charlotte, NC 28204 TiT M ITAS:' jahlaw.com 1179882.v 11 29809.9001 �. .. �'..° 3> :,��" ;r ,� . .� h, 3`>�`��� ."»"'%` , : �i> , ..n '£ .'F{i ' ",,"�.''�y%?°r'." ,1': .0 f ,i• ' y ' £� �.• , ; , '�`, • g�" T.i�£�`.. '.�fi`. • . '�%• z� y` 'v sus 3 �wr <b'�s jj� :�• iv � 3'�,��,.`� y �',k p �{�,�.• y �2�d,/sy/. <.�. r '� ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quality January 5, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at the site. As soil contamination may exceed the residential MSCCs, pursuant to NCGS 143B-279.9 and 143B-279.11, you must file the approved map and declaration for a Notice of Residual Petroleum with D E North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue { Suite 3011 Mooresville, NC rgarr+WQF LNG ` 28115 1 (704) 663-1699 a�nr�� /� 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 (signature required delivery acceptance or documentation of refusal), 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 by email at Trudy.Beverly@,ncdenr.gov or by phone at (704) 235-2182. S incerely, JMAO� 4- ;6W+ Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1 (704) 663-1699 D E North Carolina Department of Environmental Quality { Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC � SW100 ./ 28115 1 (704) 663-1699 NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place, Charlotte, 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". 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 Register of Deeds' office Book Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael S. and Patricia W. Weiss of Charlotte, North Carolina are the owners 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 Being all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S-1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused thisotice executed pursuant to N.C.G.S. Sections 143B-279.9 and 14313-279.11, this day of 20;�•�. By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss Date: jP_,,�em6r (Official 0M N� PtibitC • Nam► C WDIEN9URG COUNTY, NC %AARCN N. ROSIN 2023 expires: (signature o�ffNotary Pjutjblic) y� printed or typed name of Notary Public) Notary Public My commission 7 - 1 - c20.-2,3 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day of Dr►- , 20 21 . By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Patricia W. Weiss Date:'r�r�Er' Z�•Z (Official Seal) OFFOAL Su. North COVW LCOUNSAG CORINTY, NC SON K ROWNWN GIy cwvj s m Eon JY 1, ZQ23 expires: 0 (signature of Notary Public printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 Approved 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 NORTH CAROLINA T-yEd i I COUNTY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ro n a I d H . Tara ban (full printed name of Regional Supervisor) Dat z 2 (offIcial Se /) Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 denotes approximate site boundary approximate location of soil samples approximate location of former UST PrgectManager. ProiectNo. Exhibit CLC 71177121Irerracon 2020•EStarltaRoad SITE DIAGRAM Drawn by: FiEH scale: N.T.S.. 201 Huntley Place 1 Ct*ckedby: FIIeNa 71177121 CLC Charlotte, NC Chartotte, Mecklenburg County, NC Approvedby: Date: CLC April2017 Transaction Details Recipient: Date Created: 0 1 /11 /2"22 12:5 3 PM FAMILY TRUST U,,"A/D RICHARD & DEBOIRAH CLOUGDate Mail Delivered: 01112i2022 10-,48 AM 204 PERRIN PL USPS Article Number: 9314769904300090585439 CHARLOTTE, NC 28207-2224 Return Receipt Article Number: 95,90969904300090585431 Sender: Service Options: Return Recpi.Dt Amy L, Rickers Ce.rt:fied Mail Johnston, Allison & Hork-J, PA Mail Service: Certified 1065 E. Morehead Street Reference #: 29809.900", i"ALR/acs.) Charlotte, NC 28204 Postage: $0,73 Certified Mail Fees: $6.80 Transaction created by: Anita Stewart Status: Delivered UserID: 18700 Firm Mailing Book ID: None Batch ID: Transaction History Event Description Event Date Details USPS`% Return Receipt 0 1 -'11-2022 1 - 02,20 PM [USPS-1 - RETURN RECEIPT ASSOCIATED at CCRNEL..IUS,NC USPS(R0 Certified Mail 01-1 i-2022 05,23 PM [USPS] - PRESH!Pt,.A1ENT INFO SENT USPS AVV'AITS ITEM, Pt CORNELIUSMC USPSQCert'ed Mail : i 0 1 -12-20-22 10,48 AM [USPS] - CERTIFIED fVIAIL DELIVERED LEFT WITH INDIVIDUAL at CHARLOTTE,NC '., " Z-V4+ CHARLOTTE hN 4 u/'A/D RICHARD 8-'DEBOR E,C 28207-2224 AH C, Reference Information 29109.90 0 1 (ALR/a,$) noo> 0 n. n N 00 O O co Ul N _ r .fin +t3 r, cjol � U cl- N o n tb Nry� 10 IQ LIS Poo Transaction Details Recipient: Date Created: 0111'3112022 1:37 PM FAIMILY TRUST U,•'A!D RICHARD & DEBORAH CLOJO1:lSPS Article Number: 93'147R-9904300091346312 ATTN: DEBORAH CLOUGH Return Receipt Article Number: 950,0969904300091346314 8919 PARK RD APT 224 CHARI-017E. NC 28210-8652 Service Options: Rett. rn R::ceipt Cen:fie%d tyl:ai! Sender: Mail Service: Certified Amy L. Rickers Reference #: 29809,9=001 {ALRl acs) Johnston, A'llson & Hord, PAPostage: $0,73 i065 E. Morehead Street Certified Mail Fees: $6,8 10 Charlotte, NC 28204 Status: Created Transaction created by: Anita Stewart User ID: 18700 Firm Mailing Book ID: None Batch I D: Transaction History Event Description Event Date Details USPSC4 Return R —eipt 01-3,1-2022 02,22 PM [USPS] - RETURN RECEIPT ASSOCIATED at CORNELIUS,NC USPSk, Certified Mai: 01-31-21,122 05,25 ;" M [LISPS] .. PRE.SHIPNIIENT INFO SENT USPS AVNAITS I-rEt ? at CORNELIU S,.NC �� $• ostal Servi "CERTIFIED MAIL@ R ;domestic Mai/ Only ECEfP�' USPARTlCl:E 1 IN Nl1MR,= lGeRuied Mail Fee - 3-4.63__1 Return Receipt (Hardcopy) � 3 75 Refum Receipt (Electronic) � 3.05 Dertified M0 Restricted Delivery $ 0.00 0. 0 0 Postmark Hostage Heredotal Postage and Fees 0.73 Sent to: $ FAMILY TRUST U/A/D ATTN: DEBORAH UGH G HARD & DEBO 8919 PARK RD APT 224 RAH CI CHARLOTTL, NC 28210.8652 29809.900, (ALR/acs) PS' dorm 3$OO. facsimile; July 2075 JOHNSTON { Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jah4-iw.com WRITER'S DIRECT DIAL: 704-998-2253 January 11, 2022 Thomas Clough 204 Perrin Place Charlotte, NC 28207 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. 4F Amy Rickers 10;65 EastIMI-111ore:4ieac Street, Charlotte, NC 2320Ti M E R ITAS' jah(a .com 1179882.v12 29809.9001 : ,. :,.: ... .. : !< !.i .: r::... .:. . ««< ..:«. « .<.:., t y . r '•::: t< / Y' s^ « :,..'tts4 <;ytY9' n •�tlY<• .5 � % /Y:^' y � . <t.. :sisss. ,. /«.«. .. Y. H .. �: f: ,.5: 5�: :..d/ �r S . .: <.!{i %%, s £ r'4!£. L :..fir: :/.,.. , <,.h tt { .. .<: ,t ar.. t.. .. .. Ya. YF<t/fi.;t.nt L,. / .. fia<,,. t. ..>£' n. n.t£.::. :.. :.n �: 5•!A:. c ..>, ... :. £< �. Y n.,££t,.� .!Y. /<> !�. ,. e: / .., sin t .w S�ia%,, { nv£ .>a Y.: <. zs, : ti!.i ,h .:..� ::. n:<�'....�,'.� :. :n.sY1s� t/ .f,.!�+...,s :s: ! < i .. / <. a ; < u :�'. f : s i� ..a: ss:r::. £:3, „. as' <.!.. :....>s.,. ,>s:n !3 r<<<� . E ::£„ <:9 ,..:z>"iF .c . t . :.5raf.>«:. r a: r . r,.. o :r: «: ,. ::,,.p:., /rr . .r :r.. ,a ds s .. ! ,.s,• r .<' �a ,: r / f; � :Y ««<«dx<.:«<r.�",�..a.Yaxa:x �'.✓,:!, s%rs'.i!3.Y£x� 9 <o.<ui ..w./.tw,«a;,t3v<Yixk.,%y a,ai�sz#;i{.�.wo:<,...xF'.�.rx..wt�.ta�''E�����<�9/.!n��£���&<�' <&<!' ran..:.<+hasttt{aurN�'i�,1t,.rr..%:k<.1�'.!`{<«<..rlr..««<�««�.Y�.`a�.�t�...« Ma,>3f'$s^s<£�r.,�,.�f.�.�£`�i� a�i.;as�i<�z<..w..k.�..«ubM�.{ �.:«>�,:�St< ROY COOPER Governor ELIZABETH S. B1SER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quality January 5, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at 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 map and declaration for a Notice of Residual Petroleum with �V D E •/ North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC ran+ o.y,.tuwi+ of E+rkonmmt+l Ou+Ilty 28115 1 (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 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 (signature required delivery acceptance or documentation of refusal), 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 by email at Trudy.Beverly(i ,ncdenngov or by phone at (704) 235-2182. Sincerely, 64" ` ;eu+ Trudy Beverly, L.G. Hydrogeologist 3 Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1 (704) 663-1699 E North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office ) 610 East Center Avenue I Suite 3011 Mooresville, NC �`\ o/ 28115 1 (704) 663-1699 o.pvrrwd a7-E,Ma.n..dl Quw NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place Charlotte, 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". 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 MecklenburglCounly Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael S. and Patricia W. Weiss of Charlotte, North Carolina are the owners 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 Being all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S 1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused this 4otice executed pursuant to N.C.G.S. Sections 143E-279.9 and 143B-279.11, this day of , 2011. By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss Date: m 6 f (Official m SEAL NOWY p�tblio . NOM C A+ OUNBURG COUN?Y, NC SKARCN H. RM SON 2023 My ComniaW Fitt► wy expires: (signature of Notary Public) "Yam _ -go L�jyN printed or typed name of Notary Public) Notary Public My commission 7 — / — 420.2- 3 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day of Dec4effiLr r , 20 21 . By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Patricia W. Weiss Date: tce"1 Dt'.r' , .20,) (Official Seal) OiF1C1Ai. ate. FietN C�oina ��,►itG C4llKtY, NC Naj Corrxrjwa cn Ex�ita 1, 2 223 expires: --G (signature of Notary Public), Y1LtYt�► rJ _ _ 3 i • RL 1 r. 6 a l-J printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 Approved 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 NORTH CAROLINA Tkde I I 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 Z 2` pfl-l4Sel)) 00" sH ER/.'"''�z Np C), 0C s I i Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 denotes approximate site boundary 0 approximate location of sal samples approximate location of former UST Project NC. DIAGRAM Exhibit Project Manager. CLC 71177121Irerracon 2020-E Starlta Road SITE rm Draby: HEH Scab. N.T.S.. 201 Huntley Place 1 Checked by: File Wa CLC �'i177121 Charlotte, NC Charlotte, Mecklenburg County, NC Approvedby: F77pril2oj CLC Transaction Details Recipient: THOMASCLOUGH 204 PE-RRIN PL ;CHARLOTTE, NC 28207-2224 Sender: Amy L. Rickers Johnston, Allison & Hond, PA 3065 E, Morehead Street Charlotte, NC 28204 Transaction created by: Anita Stewart User ID: 18700 Firm Mailing Book ID: None Batch I D: Transaction History Date Created: Date Mail Delivered: USPS Article Number: Return Receipt Article Number: Service Options Mail Service: Reference Postage: Certified Mail Fees Status: 01/11/2022 1Z54 PIVI 01 /-12/2022 10:48 AM 9314*769904300090585491 9590969904300090585493 Return Receipt Certified Mail Certified 29809,900 11 (ALR/acs,) $0,73 $6.80 Delivered Event Description Event Date Details USPSIR) Raurn Receipt 01-11-20122 02.20 PM [LISPS] - RETURN RECEIPT ASSOCIATED at CORNELIUS,NC USPS@ Certified Mail 01-11-2022 05,23 PM [USPS] - PRESHIPMENT INFO SENT USPS A),.NAITS ITEM at C0RNELIUS,NC USPSO Cortifiod Mail 01-12-2022 10,48 AM [USPS] - CERTIFIED MAIL DELIVERED LE; -FT WITH INDIVIDUAL at CHARLOT-?'E,NC A . ............ ............................... .:Certified Abil Fee Return Receipt (11ardcopy) $ 3. 75 Return Receipt (EIL $ Ctroil,C) $ 3.05 Certified Ala" Restricted Deli $ 0.00 very Postage 0.00 Postmark Here Total Postage and Fees $ 0.73Sent to: THOMAS CLOUGH 204 PERRIN PL CHARLOTTE, NC 28207-2224 race In ro oration 291oq.9001 (ALWacs) PS OrM 3800simile - 7--7-001111111111 20fS jOHNSTON s,etr�1. ffp�ptt { �,�, s� {�, .��t,� a � �aEq T is �£' SSP[£4i&�<� S<sr€',"p «i '�4 i,��� �/ H°.CS'r .:ti F+���&�"" Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: atickers(@_jahlaw.com WRITER'S DIRECT DIAL: 704-998-2253 January 11, 2022 Barry Clough 204 Perrin Place Charlotte, NC 28207 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers 106 NA. - East Nr ahead Street, Ch4a,rlotte, NC 28204 I ERI T ad " jahlaw.com 1179882.v13 29809.9001 rr{li,.[<»sts' •n5r'.cs',5«e,'r Stunt r .n5•'.rnrrns5 5 r[sr • �« <Ss:a>' nssss::• . g, /� r .' .f?'/ 5:.::SS< . r4n:r r r.<[y <Y• S^' rsf' <. .. r , .. Y k .SSFi 6:�u £fi<'"''3b:' F'FSEr< S55:Y cfi: M: yX:.:h .::>7?• f3#'..�:,2:.:: i?' : 3£ , s,.a.` , u?'.. ::>'�.:,T <Y ..'X' : r£s''1s5� :r:5:s '` sist. il.. ss>. `P"�s#�'. £ " Y•Y' £ g :.x <. l.�'i ✓:./ru,<: sy�:" � n :r. sx .. >' <. s s >Tf f::. .Y.. �.' i ff � f : f: : 5 f.:. n Ks »�o> f m3�/,{, re h dr:.� . 04 .: 3. 3 »'a . • /x..5 ..•f �. ..ro[.n.<.. ..... ..: ...... '<. ::a:M.... ». .,. .. 15. °•: <f.,:&. s [Y <..€. .tr.5<'s'»�... >F3.: �..:.[�d. .,i ,<&�Jso., ,� n ,> .. ,.. ... .., >, Y .:. .. ,.. .:: /. :�r`:. :. :�:..: ,.: ..: s .�. :�, ,`:r...> ... , ..,: v%•.:,i>' f ,.,.;..,::,.,;.,>,,. .Y"4:.n'': : •, ..n-Yis/r�}'£�' /. s,:•s. .,i 6 r:,sr l,4F1: s. 3,rs. .. :...e ::... Y �: s. 5.� :.�,'.r 5 :.f,: 3. .. </f :.r:.ymY /�' fr :: .•,..F,r,.� f «r �:s;. s ::.L...Y'3f•..�« �n a,: y„> , :.: /. {Y a ,� <r... , <:<� Sl.: • 3� ' .5 l�.,� :: ::;� h � . k. <,� ..:, ::,.:<, �f,?i»rSS.r:.,•,.> . i, ;;.y>•. _<!�lr["[::#v..«3>.Ski's.'.':s�i':.tzkzsFf•:;�Lsb,x<.�.f.«<F,.«� s.[ar" .F:.SiiaF;..?ua'<Y3ixbi.€,>.�.YxsFv.n.o.w•:«S/<«`<,,,ri::'�"<�c.E.o::.✓�:Fcs..;�izFF�s.«�,.�.cw,.€r.�.:a:�wdr...,..x:.b<r.,F..r.�n.:�Faafszncsif.�..u'iw�aa�ta�'a....^wfG.Ft�:?F�.�.<s�io.a..s.`�.Sfw€3.'.t.<[.,�:,<FF'.«I.£FFs%.�<"..<oxF€€<�.:<�.5,'&r�sc.<�3.a:[3.:<�i�.�£�<Ff�c,�s`..n.�„�a,•FS«�..kr.<,w<..<aF.s[F�':iF�ScFFi'a's.:€yFF:,.<�[G";5<s ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quality January 5, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at 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 map and declaration for a Notice of Residual Petroleum with North Carolina Department of Environmental Quality ( Division of Waste Management e:!50fDEQ Mooresville Regional Office 1 610 East Center Avenue j Suite 3011 Mooresville, NC ' 28115 � {704) 663-1699 wwc"«a Of � Dism� 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 (signature required delivery acceptance or documentation of refusal), 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 by email at Trudy.Beverly@ncdenr.jzov or by phone at (704) 235-2182. Sincerely, ,,6 JMAC� W+ Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1 (704) 663-1699 E Q.y� North Carolina Department of Environmental Quality j Division of Waste Management D•/� Mooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC NIP �� 28115 1(704) 663-1699 NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place, Charlotte, 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". 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 Book , Page (name of county) 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 Michael S. and Patricia W. Weiss of Charlotte, North Carolina are the owners 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 Being all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S-1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused thisotice executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this -day of , 20It. By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss Date: ern6{ , C1, „202-i (Official OFFIM VA t+kam Ct WOUNBURG COUNTY, NC SHARCN H. ROENSON 2023 . ray Commission expires: (signatture of Notary Public) printed or typed name of Notary Public) Notary Public My commission 7 -1 - o20.2,3 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day of ti . , 20 Zl . By: _ 3L (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Patricia W. Weiss Date: —Dew*, t"r- (Official Seal) OFF iC1At SEAL. Math C4*9 1*oUNIUM COUNTY, NC %MON H. ROWNSON wh Canmiasiw Eras .fitly 1, 2023 expires: I I1,9 F V (signature of Notary Public r �4XV-0 tQ o r16 D Pli printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 Approved for the purposes of N.C.G.S. 143B-279.11 CV `�'✓ T (Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA T-Vede I I COUNTY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ro n a I d H . Taraban (full printed name of Regional Supervisor) Dat 2-2- (�Clal Se /) 6 Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires. u ly 12, 2024 denotes approximate site boundary approximate location of sal samples approximate location of former UST Project Manager. Project No. Exhibit CLC 71177121Irerracon 2020-E Starlta Road Charlotte, NC SITE DIAGRAM Drawn by: HEH Scale: N.T.S..S 201 Huntley Place Charlotte, Mecklenburg County, NC 1 Checked by: CLC FIleName: 71177121 Approved by: Date: CLC April2017 cn 0 3 co w cn 3, cD I L c �I O) cpE 0 0 CD 0' m CD c CD 0 CD a n CD CD 0. R 0 W co O O. D 0 u Z c CT CD I CD CD N a ; 00 C) and CDcD CD y �. a CD 0 o `D 0 0 0 CD c 0 1 CD. 1 1 1 O 1 3 i i W 1 00 1 1 t � 1 � 1 1 ,p 1 1 1 1 1 1 1 i 07 x D j • 1 � . 1 M (D 7 1 I a CD i 1 CDD 2) 1 a a 1 �• 1 � f i 1 a m 3 1 cD m i � o • 1 CD 3 i CD o �o _ w NCD 0 0 0 0- cQ N a CD CD N m CO CD CD =SAM= cc �� o co � W O O O 00 O CTI W N -� 0 -v ,� 0 M - CD m O >CD CA d -'+: w CD CD O /y"y C. CDT - CCDD du �zr c *n �' - Co 0 n 0 CD o 0 CD r n x -4' CD sq .t ff7 69 ff3 ff3 In fig 7 m N O O O W CA) G 3 NP W O O Ui E© (-n 0, El 0 fD 3 Pr 0 JOHNSTON'.. �y G. 9 R � R` xi�i6�i5 LI ZiS �`S"'� „� /� r . °:.A`:c' "r.� .t`mYt., Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jahLiw.com WRITER'S DIRECT DIAL: 704-998-2253 January 11, 2022 David Clough 204 Perrin Place Charlotte, NC 28207 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers 10;65 East v` o-s;head Street, Charlotte. 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Sr£3, .,y �.SFYI� . �,5 r,. a y� a.?<.'�' � .::i � r�� : ' .E"�;€ �'.,��y, as.G'<r::.�i>..�uc.,�.riw._....�•�..<�..,._<fi<,..�r,»•<:».»a..w<r.:«rzv7.r,�rrueW Si...b s;3,�z.o.�.r.�.r.<{<ast �e%"�s>zli�'��„lzt,::rr,<3.<{!,3<w»..F:S;H;uzso<a:� .�a,{.aw yvA'.:«uuF�i4�s�yE.�'��ti.��5,:�::::nfF�`$.:;,55',�,F�:,'3.i�,''�x`::aax�n�„ &�.��'� .b�i.�r «�l �• /JP,u�au.i �6zi�kl��i� .h� ROY COOPER Governor ELIZABETH S. B1SER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quality January 5, 2022 Re: Conditional No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at 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 map and declaration for a Notice of Residual Petroleum with D EQ North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC rroan+caFouw, 28115 1 (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 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 (signature required delivery acceptance or documentation of refusal), 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 by email at Trudy. Beverly_(a,ncdenr.gov or by phone at (704) 235-2182. Sincerely, am� Trudy Beverly, L.G. v Hydrogeologist 3 Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1 (704) 663-1699 D'ft�' � North Carolina Department of Environmental Quality I Division of Waste Management E QQ Mooresville Regional Office ) 610 East Center Avenue I Suite 3011 Mooresville, NC ' 'k 28115 1 (704) 663-1699 NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place, Charlotte, 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 143E-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 143E-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 Coun Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael S. and Patricia W. Weiss of Charlotte, North Carolina are the owners in fee (owner's name) (city & state of homeoivner) 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 all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S 1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused this otice executed pursuant to N.C.G.S. Sections 143B-279.9 and 14313-279.11, this T day of 6 20 It. By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss Date:e.t'� (Official NOWY y� MECIQ.ENDVRG COUNTY, NC S�{ARON K ROSiNWN 2023 My Corrmwow Exx�irea oy expires: (siCg��n-�atjyu�reeofNotaryPublic) ^7�� r...1 ) i i i f'Y' ,. iJ f rs•�`' l 1.J printed or typed name of Notary Public) Notary Public My commission 7 — 1 — 020.7- 3 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this �_ day of ^ , , 20 Zl . By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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 sinned the foregoing document: Patricia W. Weiss bo zap Date: (Official Seal) CJFF'iCK BEN. Notary Public - Not C ?*=gNWRG COON, NC commission l:*k" .sty t. expires: �' - 21J 2 (signature of Notary Publicl. printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 Approved for the purposes of N.C.G.S. 143B-279.11 O/V +7i T (Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA Tkde I I COUNTY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ro n a I d H . Taraban (full printed name of Regional Supervisor) Datc�y Z 2 (Co�ff-llCial Se /) I -, A4 ) i (I,-) Sherian R. Black Notary Public Notary Public Number 20041820022 My commission expires: July 12, 2024 Me denotes approximate site boundary approximate location of sal samples approximate location of former UST Projectmanager. CLC Project No. 71177 Irerracon 2020-EStarltaRoad Charlotte, NC SITE DIAGRAM Exhibit Drawn by: HEH scab: N.T.S.. 201 Huntley Place Charlotte, Mecklenburg County, NC 1 Checked by: CLC • FIIeNarm 71177121 Approvedby: Date: CLC April2017 Transaction Details Recipient: DAVID CLOUGH 204 PERRIN PL CHARLOTTE, NC 28207-2224 Sender: Amy L, Rickers Johnston, Ailison & Hord, PA 1065 E, Morehead Street Charlotte, NC 28204 Transaction created by: Anita Stewart USerID: 18700 Firm Mailing Book ID: None Batch ID: Transaction History Date Created: Date Mail Delivered: USPS Article Number: Return Receipt Article Number: Service Options: Mail Service: Reference #: Postage: Certified Mail Fees: Status: 011,11i2022 IZ515 PM 01 12f2022 10:48 AM 9314"169904300090585545 9590969904300090585547 Return Recr:ipt Certified Mail Certified 29809,9001(ALRr`acs) $0.73 $6.80 Delivered Event Description Event Date Details ! 1SPS'Q, Retu rn Receipt 01-11-2022 02,20 PM [USPS] - RETURN RECEIPT ASSOCIATED at CORM.=LII,S,NC USP&RRj Certified Mail 01-11-2022 05,23 PM [ll SPS] - PRESHIPMENT INFO SENT USPS NAIAITS ITEM at CORNELIUS,NC USPSQv Certified Mall 01-12-20;22 10,48 AM [USPS] .. CERTIFIED MAIL DELIVERED LEFT 1AII CH INDIVIDUAL at CHARL.OTTE,NC C Return Receipt (v $ Nardcopy) $ ,'Return Receipt (Electronic $ Certified Mail Restricted Delivery ;'Postage $ Total Posta $ ge and F dees ent to: 3.75 3.05 0.00 0.00 0. 73 • J DA VID 204 PERK N NH CTIARLOTTE' NC 28207_ 2224 Reference Infor 29809.900 tor at on 1 (ALR/acs) t'ostrnark Hasa JOHNSTON ALLISONHORD Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: atickers@jahL-iw.com WRITER'S DIRECT' DIAL: 704-998-2253 January 11, 2022 Vi Lyles, Mayor City of Charlotte Charlotte -Mecklenburg Government Center 600 East 4th Street Charlotte, NC 28202 VIA CERTIFIED MAIL Re: Conditional No Further Action, Weiss Property, 201 Huntley Place, Charlotte, North Carolina Please find enclosed the notification of a Conditional No Further Action Determination by North Carolina Department of Environmental Quality, Division of Waste Management for the property located at 201 Huntley Place, Charlotte, North Carolina. This notification is for informational purposes only and does not require any action on your part. If you do have any questions, please feel free to contact me at your convenience. Regards, JOHNSTON, ALLISON & HORD, P.A. I Amy Rickers 10;65 East Aorehead Street, Charlotte. INIC 28204 m dl 1 ASjhlaw.corn 1179882 29809 .900 1 �:%)>%%�.�:!;f��.,�iS:�whS:Y, .. �: �Y�a:'f:g�,:if?EYSi':::Y.<3'$:�i•�h<Y:t^S.i:n<::h%?�'7fti $':��''4�"1< :/Y" ::SS' �x<f�"' .. ''�i �"w.a<.'''u. �:. ac� <'d' .a�. `�d :.<i.. <:: >:::::..,:.<hh K.;.,, j.>;u1n;r;,.:i>.�.;.i>Y`<>v, '<¢x<7.c:s: >.�' :�n > si` :.,fr .r�#>";<ss. : ,�'gL�.•. ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Michael & Patricia Weiss 201 Huntley Place Charlotte, NC 28207 (via email) Dear Mr. & Mrs. Weiss: NORTH CAROLINA Environmental Quality January 5, 2022 Re: Conditional No Further Action 1 SA NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Weiss Property 201 Huntley Place, Charlotte Mecklenburg County Incident Number: 48177 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 1 SA 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 (see attachment); 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 portion 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 (attached). Groundwater is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at 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 map and declaration for a Notice of Residual Petroleum with DMooresville E North Carolina Department of Environmental Quality I Division of Waste Management Regional Office 1610 East Center Avenue I Suite 3011 Mooresville, NC wk -� � ouainn� /� 28115 I (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 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 (signature required delivery acceptance or documentation of refusal), 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 fled with the Register of Deeds and until public notice requirements are completed. If you have any questions regarding this notice, please contact me by email at Trudy.Beverlyia,ncdenr.gov or by phone at (704) 235-2182. Sincerely, 6/` `N ;60j+ Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) Amy Rickers, J.A.H. Law (via email) Attachment: Notice of Residual Petroleum (mailed to J.A.H. Law for filing with the Mecklenburg County Register of Deeds) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1 (704) 663-1699 .y� North Carolina Department of Environmental Quality I Division of Waste Management •/� Mooresville Regional Office 1 610 East Center Avenue I Suite 3011 Mooresville, NC rDE 28115 1 (704) 663-1699 NOTICE OF RESIDUAL PETROLEUM Weiss Property: 201 Huntley Place, Charlotte, 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 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 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 Register of Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference. Source Property Michael S. and Patricia W. Weiss of Charlotte, North Carolina are the owners 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 Mecklenburpl, State of North Carolina, and is known and legally described as: Revised February 7, 2019 Being all of the property as described in Deed Book 23104 Page 989 as recorded in the Mecklenburg County Register of Deeds Office; being Lot 8 in Huntley Place, property of T.E. Hemby, as shown on map thereof recorded in Book 967 at Page 573 of the Mecklenburg County 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 at GIS coordinates 35.1961695,-80.8236373. No soil shall be excavated or disturbed, within 5 feet of GIS coordinates 35.1961695,-80.8236373 as indicated by the location of S-1 on the figure attached hereto as Exhibit 1, 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 IN WITNESS WHEREOF, Michael S. Weiss has caused this otice executed pursuant to N.C.G.S. Sections 143B-279.9 and 14313-279.11, this ^ day of 20 It. I By: (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Michael S. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Michael S. Weiss Date:�m�t�� D fi,t (Official SIM Notary Public • North Camino h�C14.1:NBURG Ccwt{mc NC $tiARCN H. ROSMSON My CoRmi3SW Ex ire * 1, 2023 expires: /4 (signature of Notary Public) [ printed or typed name of Notary Public) Notary Public My commission 7 / — 420.2 3 IN WITNESS WHEREOF, Patricia W. Weiss has caused this Notice to be executed pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, this day of .T em6r , 20 21. By: , (signature of responsible party, attorney or other agent if there is one) Signatory's name typed or printed: Patricia W. Weiss NORTH CAROLINA MECKLENBURG COUNTY (Name of 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: Patricia W. Weiss Date: 'rn 6r 20,)-L (Official Seal) Oi�1CiAt SF.1�1. North CAFOIna jX0UWUy* C RIM, NC 1 ON R R WNSON ly C a ission Sx iras Duty 1, 2023 expires: 7 -- -- G (signature of Notary PublicTo I printed or typed name of Notary Public) Notary Public My commission Revised February 7, 2019 Approved for the purposes of N.C.G.S. 143B-279.11 O/V �'✓ T (Signature of Regional Supervisor) Ronald H. Taraban Regional Supervisor Mooresville Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA T—V&ie I I COUNTY I certify that the following person personally appeared before me this day, each Acknowledging to that he signed the foregoing document: Ro n a I d H . Taraban (full printed name of Regional Supervisor) 1 2 1 Dat Z 2 (ofticialse l> Sherian R. Black Notary Public .•�r``''�,►�«���If�lNlgj' Notary Public Number 20041820022 SH ER/,q�'%, '• �/i 'a ,y� N0T,9 My commission expires: v July 12, 2024 Cp Z/C i, 1I ; L 0 denotes approximate site boundary approximate location of soil samples approximate location of former UST Project Manager. Project No. cLc 71177121 Irerracon 2020-EStarltaRoad Charlotte, NC SITE DIAGRAM Exhibit Drawn by: HEH Scale:N.T.S. 201 HuntleyPlace Charlotte, Mecklenburg County, NC 1 Checked by: CLC FIIeName: 71177121 Approvedby: te: �dl CLC 201T a� --- -------------- a� U) a¢>- z Cl. 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