MO-28888_48094_G_C_20211109_Conditional No Further Action

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
West Sugar Creek LLC
Attn: Andy Henson
2131 Ayrsley Town Boulevard
Charlotte, NC 28273
(via email)
Dear Mr. Henson:
NORTH CAROLINA
Environmental Quality
November 9, 2021
Re: Conditional No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
2422 West Sugar Creek
2422 West Sugar Creek Road, Charlotte
Mecklenburg County
Incident Number: 48094
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)
Philip Thompson, Thompson Geological (via email)
Attachment: Notice of Residual Petroleum (Picked up in person by to Thompson
Geological 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
2422 West Sugar Creek Road, Charlotte, Mecklenburg County, North Carolina
UST Incident 448094
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 Environmental 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 Environmental 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-2799 and 143B-279.11 and has/shall be recorded at the
_Mecklenburg Register of Deeds' office Book _ , Page
(name of county)
Any map or plat required by DEQ has been/shall be recorded at the Mecklenburg
Register of
{name of county)
Deeds' office Book ,Page , and has been/shalll be incorporated into the Notice by this reference.
Source Property
West Sugar Creek LLC of Charlotte North Carolina are the owners in fee
simple of all or a portion of the Site, which is located in the County of Mecklenburg, State of North
Carolina, and is known and legally described as:
Revised February 7, 2019

Beginning at a I " open pipe, within the right of way of Hunter Ave. (Public 1W Varies), a common corner
with the deeded lands of Harvey W, Triplett (Deed Book 7153, page 643); Thence with the shared Triplett
line S. 23-49-46 E. 110.83 feet to a found angle iron, a common corner with lands of UPI of Charlotte,
LLC (Deed book 18377, page 27); Thence with shared line of UPI of Charlotte, S 68-32-46 TV 300.97
feet to a point in the Right of Way of West Sugar Creek Road (Public R/W Varies), N. 27-14-40 W. 103.82
feet to a point: thence with Hunter Ave N. 37-09-24E 307.12 feet to a I" open top pipe, returning to the
point and place of Beginning and containing .747 acres more or less.
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
MecklenburgSounty Register of Deed receives and records the written concurrence of the Secretary (or
his/her delegate) of DEQ (or its successor in fiinction).
PERPETUAL LAND USE RESTRICTIONS
Soil: Soil containing residual petroleum above applicable regulatory standard(s) remains
on the site in the area identified in Figure 1, Attachment A, No soil shall be
excavated or disturbed within 3 feet of the area identified in Figure 1, AttachmentA
except to retnediate the soil in accordance with all applicable state and federal
statutes, regulations and guidelines.
Groundwater: Groundwater frojn 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

Henson
IN WITNESS WHEREOF, Andrew H. . has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11, this day of November, 20 21•
2422 West Suaar Creek, LLC
ne o res onsible party i agent is signing)
By
(signature of responsih e party, attorney or- other agent if there is one)
Andrew H. Henson, Manager/Member
(title of agent for responsible party if there is one)
Signatory's name typed or printed: Andrew H . Henson
NORTH CAROLINA
MECKLENBURG COUNTY
(Alarne 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: Andrew H . Henson
Date: /
ia1 S .a1)
BERNADINE B. TRIPP
NOTARY PUBLIC
MECKLENBURG COUNTY
NORTH CAROLINA
expires: 7/24/2025
(signature of Notary Public)
Bernadine B. Tripp
printed or typed name of Notary Public)
Notary Public
My commission 7/24/2025
Revised February 7, 2019

Approved for the purposes of N.C.G.S. 14313-279.11
(signature of Regional Supervisor)
Ronald H. Taraban, Ph.D.
Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environmental Quality
Uep[o ( I County, State of North Carolina
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:
Ronald H. Taraban (printed name of Regional Supervisor)
Date/ 202(
Sherian R. Black Notary Public
Notary Number: 20041820022
My commission expires:
July 12 2024

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Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, November 9, 2021 9:45 AM
To: Andy Henson
Cc: Philip Thompson; Shawna Calwell; Morris, Brett L.
Subject: 2422 West Sugar Creek - UST Incident #48094 — Conditional No Further Action
Attachments: MO-28888_48094_G_C_20211109_Conditional No Further Action.pdf
Please see the attached Conditional No Further Action letter for 2422 West Sugar Creek located at 2422 West Sugar
Creek Road, Charlotte, Mecklenburg County, North Carolina (UST Incident #48094).
Phil —The original notarized Notice of Residual Petroleum is on a table in the reception area for pick-up.
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
D_EQ
North Carolina Department of Environmental Quality
��qurar� UST Section, Mooresville Regional Office
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