MO-1570_47936_G_C_20211004_Draft Notice of Residual Petroleum for UST Review

Via Email and FedEx
October 4, 2021
North Carolina Department of Environmental Quality
Division of Waste Management, UST Section
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Attn: Ms. Trudy Beverly, L.G.
Re: Notice of Residual Petroleum
Metrolina Steel
1118 West Craighead Road
Charlotte, Mecklenburg County
Incident No.: 47936
H&H Job No. AGL-003
Dear Ms. Beverly:
hart Ad hickman
SMARTER ENVIRONMENTAL SOLUTIONS
RECEIVED
OCT 0.5 2021
NCDEQ MRO UST
On behalf of EAA LLC, Hart & Hickman, PC (H&H) is providing the attached signed and
notarized Notice of Residual Petroleum for the above referenced property for your review and
approval. Following approval, please return the notice to me using the enclosed envelope.
If you have any questions or require additional information, please do not hesitate to contact us
at [phone].
Very Truly Yours,
Hart & Hickman, PC
Brett Lawrence, PG
Sr. Project Geologist
Attachment
2923 South Tryon Strut, Suite 100 3921 Sunset Ridge Rd, Suite 301
Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com
704.586.0007 main 919.847.4241 main

NOTICE OF RESIDUAL PETROLEUM
Metrolina Steel, UST Incident #47936 - 1118 West Craighead Road, Charlotte, Mecklenburg Count
North Carolina
The property that is the subject of this Notice (hereinafter referred to as the "Site") contains
residual petroleum and is an Underground Storage Tank (UST) incident under North Caroline'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 14313-279.9 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 of
the site, but are not a danger to public health and the environment, provided that the restrictions
described herein, and any other measures required by DEQ pursuant to N.C.G.S. Sections 14313-
279.9 and 143B-279.11, are strictly complied with. This "Notice of Residual Petroleum" is composed of
a description of the property, the location of the residual petroleum and the land use restrictions on the Site.
The Notice has been approved and notarized by DEQ pursuant to N.C.G.S. Sections 143E-279.9 and 143B-
279.11 and has/shall be recorded at the Mecklenburg County Register of Deeds' office.
Book , Page
Source Property
EAA LLC of Charlotte, North Carolina is the owner in fee simple of all or a portion of the Site,
which is located in the County of Mecklenburg, State of North Carolina, and is known and legally
described as:

BEGINNING at a point in the right of'way of* West Craighead Road, said point being the southeasterly
front corner of the property of Hucics Piggyback Service (now or formerly Book 6767 Page 47, tax
parcel 087-041-04); thence with the easterly boundary of said Hucks Piggyback Service property
three (3) calls and distances as follows: 1) N 40-18-08 E 306.39 feet to an iron pin (passing through
an iron pin in the northerly margin of the right of way of West Craighead Road at 30.03 feet),- 2) N
50-01-19 W 164.92 feet to an iron pin; 3) N 48-47-44 E 205.42 feet to an iron pin; thence with the
easterly boundary of the property of Charleston Properties, LLC (now or formerly Book 15015 Page
337, tax parcel 087-041-15) five (5) calls and distances as follows: 1) S34-25-51 E 20.14 feet to an
iron pin; 2) N 45-24-08 E 135.39 feet to an iron pin; 3) N 42-52-19 E 82.51 feet to an iron pin; 4) S
68-56-88 E 248.82 feet to an iron pin; and 5) S 68-56-23 E 60.03 feet to an iron pin; thence with the
westerly boundary of the property of Mecklenburg County (flow or, formerly Book 8142 Page 684, tax
parcel 087-041-18) and the property of Center Grove AME Zion Church (now or, formerly Book 222
Page 392, tax parcel 087-041-08) two (2) calls and distances as. follows: 1) S O4-22-26 W 329.15. feet
to an iron pin; and 2) S O4-24-08 W 387.61 feet to an iron pin; thence with the westerly boundary of
the property of'T. L. Shoupe (now or formerly Book 2584 Page 155, tax parcel 087-041-06) S 32-18-
22 W 156.07, feet (passing through an iron pin in the northerly margin of the right of 'way of West
Craighead Road at. 128.02 feet; thence with the easterly boundary of the property of Legacv Capital
Investments (now or formerly Book 22860 Page 389, tax parcel 087-041-11) two (2) calls and
distances as follows:l) N 32-16-22 E 143.58 feet (passing through an iron pin in the northerly margin
of the right of way of West Craighead Road at 30.05 feet); 2) N 04-22-24 E 154.46 feet to an iron pin;
thence with the property of Allfnan Company Charlotte, LLC (now or formerly Book 18398 Page 813,
tax parcel 087-041-12) three (3) calls and distances as follows: N 04-22-24 E 179.75 feet to an iron
pin; 2) N 57-35-22 W 231.55 feet to an iron pin; and 3) S 36-29-32 W 440.21 feet to a point in the
right of way West Craighead Road (passing through an iron pin at 50.05 feet and passing through
another iron pin in the northerly margin of the right of way of West Craighead Road at 410.09. feet);
thence in the margin of the right of way of West Craighead Road two (2) calls and distances as
follows: 1) N 58-35-07 W 116.03 feet to a point; and 2) in a westerly direction with the are of a
circular curve to the right leaving a radius of 158.93 feet an arc distance of 63.98 feet (chord bearing
N 54-09-45 W and chord distance of 53.97 feet) to the place of BEGINNING, and being 5.7658 acres,
more or less, according to survey by Daryl D. Kaseman, PLS, dated December 4, 2007.
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: The Site shall be used for industrial/commercial use only. Industrial/commercial use means a use
where exposure to soil contamination is limited in time and does not involve exposure to children
or other sensitive populations such as the elderly or sick. The real property, shall not be
developed or utilized for residential purposes including but not limited to: primary or secondary
residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds,
parks, recreation areas and/or picnic areas.
Groundwater: Groundwater from the site is prohibited from use as a water .supply. Water supply wells
of any kind shall not be installed or operated on the site.
2

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.
IN WITNESS WHEREOF, EAA LLC has caused this Notice to be executed pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279.11, this / day of On foh -et`, 2021.
By:
Signatory's name typed or printed: � /C (a ' Z p%
NORTH CAROLINA
M �.Gkyw J2Q C!J COUNTY
(Name of county in whicl�dgment was taken)
I certify that the following person perso ally a peared before me this day, acknowledging to me that he or
she signed the foregoing document:doy
Date: 10 - I- W-\
(Official Seal)
C Y 9 S T ca t D. rnI� J -s-
printed or typed name of Notary Public)
Notary Public
My commission
expires:

Approved for the purposes ofN.C.G.S. 14313-279.11
(signature of Regional Supervisor)
, Regional Supervisor
(printed name of Regional Supervisor)
Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
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:(fullprinted name ofRegional Supervisor)
Date:
(Official Seal) (signature of Notary Public)
expires:
printed or typed name of Notary Public)
Notary Public
My commission
El