MO-28984_48177_G_C_20220105_Conditional No Further Action

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 Q North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC
a28115 1 [phone]
Department
onaouNn ent of Environmental Dual

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.Beverlygncdenr.gov or by phone at [phone].
Sincerely,
X2U4r
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 301 1 Mooresville, NC 28115 1 [phone]
Q E Q�� North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC
aonaouNn 28115 1 [phone]
Department of Environmental Dual

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

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 fluntley 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
2

IN WITNESS WHEREOF, Michael S. Weiss has caused thisOV
executed pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279.11, this _� day of 20 �.�.
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: Cm6f- D-1221
(Official CK SEA
No�ry public • Nam eff"
hell ENBURG COUNTY, NC
SHMRON H. ROBINSON
MY CaMIOW Expires J* 1, 2023
expires:
(signature of Notary Public) {
0 r� � Y� r' �TST N
printed or typed name of Notary Public)
Notary Public
My commission 7 — I — 020,;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 De=het, 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: l l t'[t'ri1 f o -O.p z
(Official Seal)
OFFtCIAI SEAL
Notary public • NOM Ca WO
Tr1AEd0.EN0URG COUNTY, NC
SMRON K ROBINSON
mycownis"Eow Jdy 1, 2023
expires: — G
(signature of Notary Public _ l
_5kq)' DN fA. 1 ) W a N
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
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 9V2-2-
(OfFcial Se /) Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
JUN 12, 2024
Em
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Y .0 %
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I
ii HUnH denotes approximate site boundary
ey piece0 approximate location of soil
samples
approximate location of
former UST
Project Manager
Project No.
SITE DIAGRAM
Exhibit
71
1N
rerracon
HCLCEH
Drawn by:
Scale:
s.
1
Checked by:
CLC
File Name:
71177121
2020-EStarltaRoad
201 Huntley Place
1
Approved by:
Date:
Charlotte, NC
aroe, Mecklenburg Coun NC
Charlotte, 9 ty,
+
CLC
April2017

Beverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, January 5, 2022 2:31 PM
To: Patti Weiss
Cc: Caldwell, Shawna; Morris, Brett L.; Rickers, Amy
Subject: Weiss Property - Incident #48177 — Conditional No Further Action
Attachments: MO-28984_48177_G_C_20220105_Conditional No Further Action.pdf
Please see the attached Conditional No Further Action letter for Weiss Property located at 201 Huntley Place, Charlotte,
Mecklenburg County, North Carolina (Incident #48177).
Amy — The original NORP will be mailed out to JAH Law for filing with the Mecklenburg County Register of Deeds.
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
_ North Carolina Department of Environmental Quality
���r/ UST Section, Mooresville Regional Office
Lh!p rum 704.235.2182 (Office)
Trudy. B everlykncdenn gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: https://deg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hips://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://dea.ne. gov/about/divisions/waste-manaaement/waste-management-rules-data/waste-management-gis-mans
File Review Procedures:
hops://deg.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
fts://deq.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https://frles.nc.2ov/ncdecl/W aste%20Mana2ement/DWM/UST/W hatsNew/Final-Electronie-Document-Submittal-Policy.pdf
htips:Hfiles.nc.gov/ncdeq/Waste%20Management/D WM[UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx