MO-1570_47936_G_C_20211005_Conditional No Further Action

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
Attn: Tom Hurt
Metrolina Steel
1118 West Craighead Road
Charlotte, NC 28206
Dear Mr. Hurt:
NORTH CAROLINA
Environmental Quality
October 5, 2021
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Metrolina Steel
1118 West Craighead Road
Mecklenburg County
Incident Number: 47936
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 industrial / commercial use as stipulated
in the Notice of Contaminated Site (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 groundwater contamination may exceed the groundwater quality standards established in
Title 15A NCAC 2L .0202, and soil contamination may exceed the residential MSCCs, pursuant to
NCGS 143B-279.9 and 143B-279.11, you must file the approved map and declaration for a Notice of
Residual Petroleum with 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.
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, INC
a28115 1 [phone]
Department onaouNn ent of Environmental Dual

As groundwater contamination may exceed the groundwater quality standards established in
Title 15A NCAC 2L .0202, and soil contamination may exceed the lower of the residential or soil -to -
groundwater MSCCs, public notice in accordance with 15A NCAC 2L .0409(b) also is required.
Within 30 days of receipt of this letter, a copy of this letter must be provided by certified mail (or
otherwise be made available by posting in a prominent place if certified mail is impractical,) to the
local health director, the chief administrative officer of each political jurisdiction in which the
contamination occurs, all property owners and occupants within or contiguous to the area containing
contamination, and all property owners and occupants within or contiguous to the area where the
contamination is expected to migrate.
Within 60 days of receiving this letter, this regional office must be provided with
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 the actions that must be taken or the rules mentioned in
this letter, please contact me at Trudy.Beverlykncdenr.gov or [phone].
Sincerely,
� qz ;61w
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachments: Notice of Residual Petroleum (original will be mailed to Hart & Hickman for filing
with the Mecklenburg County Register of Deeds)
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater
& Wastewater Services (via email)
Brett Lawrence, Hart & Hickman (via email)
Yuriy Vaynshteyn and John Desiatnikov AVC Holding, LLC (via email)
Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1 (704) 663-
1699
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
Metrolina Steel, UST Incident #47936 - 1118 West Craighead Road, Charlotte. Mecklenburp, County,
North. Carolina
The property that is the subject of this Notice (hereinafter referred to as the "Site") contains
residual petroleum and is an Underground Storage Tank (UST) incident under North Carolina's
Statutes and Regulations, which consist of N.C.G.S. 143-215.94 and regulations adopted thereunder.
This Notice is part of a remedial action for the Site that has been approved by the Secretary (or
his/her delegate) of the North Carolina Department of Environmental Quality (or its successor in
function), as authorized by N.C.G.S. Section 14313-279.9 and 14313-279.1.1. 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 14313-
279.9 and 14313-279.11, 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
Source Propertv
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 Hucks 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-I8-08 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-I S) f ve (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 pill; 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 (now 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 39Z 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 oJ'way of West
Craighead Road at. 128.02 feet; thence with the easterly boundary of the property of Legacy Capital
Investments (now or formerly Book 22860 Page 389, tax parcel 087-041-11) two (2) calls and
distances as follows:1) 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 Allman 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 36-2.9-32 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 arc of a
circular curve to the right having 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.

ENFORCEMENT
The above land use restriction(s) shall be enforced by any owner, operator, or other parry
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 OG /0 r, 2021.
Signatory's name typed or printed: / daih`
NORTH CAROLINA
CC, b y CS1 COUNTY
(Name of county in which •knowledgment 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: 6�d4''Vw2QYiC}-1 P6Z�JIS��
Date: 10 " I —�--�
(Official Seal)
expires: 5 OL-��
(signature dfNotmy Public)
Cr9S i Al D. rn� 1kj-
(printed or typed name of Notary Public)
Notary Public
My commission
3

Approved for the purposes of N.C.G.S. 14313-279.11
A---,., SVL
(signature of Regional Supervisor)
Ronald H. Taraban, Ph.D.
Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environmental Quality
1;ae't( Count
y, 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)
Sherian R. Black, Notary Public
Notary Number: 20041820022
My commission expires:
ulv 12. 2024

Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, October 5, 2021 2:38 PM
To: 'Brett Lawrence'; 'Caldwell, Shawna'; 'Morris, Brett L.'; 'Yuriy Vaynshteyn'; 'John
Desiatnikov'
Subject: Metrolina Steel - UST Incident #47936 - Conditional No Further Action
Attachments: MO-1570_47936_G_C_20211005_Conditional No Further Action.pdf
Please see the attached Conditional No Further Action letter for Metrolina Steel located at 1118 West Craighead,
Charlotte, Mecklenburg County, North Carolina (UST Incident #47936).
Brett L. - The original NRP will be mailed out to you today for filing with the Mecklenburg County Register of Deeds
office.
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
D— I E QQ! � North Carolina Department of Environmental Quality
;��«,�,m��� UST Section, Mooresville Regional Office
DeW704.235.2182 (Office)
Trudy. B everlygriedenn gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hit2s://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://dea.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-mans
File Review Procedures:
https://deq.ne. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hns://deq.nc.gov/about/divisions/waste-manaizement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.gov/ncdecl/W aste%20Management/DWM/UST/W h atsNew/Final-Electronic-Document-Submittal-Policy.udf
htips:Hfiles.nc.gov/ncdeq/Waste%20Management/D WM/UST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx