MO-28174_47433_G_C_20230505_Conditional No Further Action Letter

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
Tim Cool
4411 Bellwood Lane
Charlotte, NC 28270
(via email)
NORTH CAROLINA
Environmental Quality
May 5, 2023
Re: Conditional Notice of No Further Action
15A NCAC 02L .0407(e)
Risk -based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Tim Cool Property
4411 Bellwood Lane, Charlotte
Mecklenburg County
Incident Number: 47433
Risk Classification: Low
Dear Mr. Cool:
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 (or NRP, received October 26, 2020) 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; and receipt
of confirmation that public notice requirements have been completed, as described below.
Be advised that, as contamination may exceed the groundwater quality standards established in Title 15A
NCAC 2L .0202, groundwater within the area where contamination is present or is expected to migrate is
not suitable for use as a water supply. Be advised that as soil contamination may exceed the residential
MSCCs, 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).
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 14313-
279.9 and 14313-279.11, you must file the approved Notice of Residual Petroleum (received October 26,
,r -o- -Mooresville
D E Q �
North Carolina Department of Environmental Quality I Division of Waste Management
Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC
NORTH CAROLINn
Department of Environmental Dual
28115 [phone]

Page 2 of 2
Incident Number 47433
May S, 2023
2020) 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.
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 02L .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 documentation showing
that each party included in the listing above either received or affirmatively refused to accept delivery of
the copy of the letter, 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.BeverlyAncdenr.gov
or by telephone at [phone].
Sincerely,
t�s-� I-P,;.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)
Josiah Payne & Damien Callaghan, Cedar Rock Environmental (via email)
Attachment: Notice of Residual Petroleum (Filed with the Mecklenburg County Register of Deeds on
October 23, 2020)
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
NORTH CARouNn [phone]
Department of Environmental Dual 28115

For Registration
Fredrick Smith
Register of Deeds
Mecklenburg County, NC
Electronically Recorded
2020 Oct 23 11:23 AM RE Excise Tax: $ 0.00
Book: 35219 Page: 78 - 82 Fee: $ 26.00
Instrument Number: 2020176161
3MLS ".
NOTICE OF RESIDUAL PETROLEUM
Tim Cool Property 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 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
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_ 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/shall be incorporated into the Notice by this reference.
Source Property
Timothy L. Cool Revocable Trust dated September 29, 2020
Lisa L. Cool Revocable Trust dated September 29, 2020 c/o Tim Cool of Charlotte, North Carolina
(Owners ' names) (city & state of homeowner)
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:
BEING all of Lot 8 of BELLWOOD as same is shown on map thereof recorded in
the Mecklenburg County Public Registry in Map Book 9 at Page 303. (Excerpted
from Mecklenburg County Register of Deeds Book 35114, Page 517).
Revised January 15, 2013
Page 1 of 4
submitted electronically by "Cedar Rock Environmental, P.C."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Mecklenburg county Register of Deeds.

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 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 I Attachment A 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 January 15, 2013
Page 2 of 4

IN WITNESS WHEREOF, Timothy L. Cool Revocable Trust dated September 29, 2020 & Lisa
L. Cool Revocable Trust dated September 29, 2020 c/o Tim Cool has caused this Notice to be executed
pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 22nd day of October , 2020.
Timothy L. Cool Revocable Trust dated September 29, 2020
Lisa L. Cool Revocable Trust dated September 29, 2020
c/o Tim Cool
(name resp nsible party if is signing)
By:
(signature of responsible party, attorneyidr other agent if there is one)
President, Cedar Rock Environmental, P. C.
(Title of agent for responsible party if there is one)
Signatory's name typed or printed: Robert A. Payne
NORTH CAROLINA
_ AI&Kari.ce COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document: Robert A. Payne
Date: &44Pk-X rZZ., Z02-0
1
(Official Seal)
JOSIAH D PAYNE
NOTARY PUBLIC
ALAMANCE COUNTY, N.C.
My Commission Expires 10-22-2020.
rgnature o otary Public)
T6,sc,"L L-- Pa ?4 -
(printed or typed name of Notary Public)
Notary Public
My commission expires: C�-4. ZZ-t 'Zczo
Revised January 15, 2013
Page 3 of 4

Approved for the purposes of N.C.G.S. 14313-279.11
`!�"Ofrq "'O'�
(signature of Regional Supervisor)
Mark R. Powers , Regional Supervisor
(printed name of Regional Supervisor)
Raleigh Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
wl� ke: 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: Maj-Ic (full printed name of Regional Supervisor)
Date: 0(-*o1Q r Zz-, 20Lo
(Official Seal) signature of Notary Public)
�5[�t `V ?�u(he—
JOSIAH D PAYNE (printed or typed name of Notary Public)
NOTARY PUBLIC Notary Public
ALAMANCE COUNTY, N.C.
My Commission Expires 10-22-2020. My commission expires: 04 u -ZO-2&
Revised January 15, 2013
Page 4 of 4

ATTACHMENT A
N
John
1 Roger Gum 1 Christenbury \ Kevin Arawattigi
Scott King , Property , Property , Property
Property 1 p Y
NOTE:
/ This map may not be a certified survey
Robert and has not been reviewed by a local
/ T1 Gonzalez government agency for compliance with
g g Y p
\ Property any applicable land development regulations
and has not been reviewed for compliance
\ with recording requirements for plats.
House
William —� \
Capps \ T1
Property \
House ,
Bellwood Lane
0 40 80 160
1 Inch = 80 Feet
PROJECT: Tim Cool Property _
INCIDENT # Pending
LOCATION: 4411 Bellwood Lane
Charlotte, Mecklenburg Co. _
CRE PROJECT NUMBER: 304022590
1 inch = 40 feet /
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
— — — : Property Lines
: T1 = 550-Gallon UST
CEDAR ROCK
ENVIRONMENTAL, P.C. FIGURE 1
FILENAME: 3040NoRP.fc7
VERSION DATE: 9/28/2020

Beverly, Trudy
From: Beverly, Trudy
Sent: Friday, May 5, 2023 10:01 AM
To: 'Tim Cool'
Cc: Shawna; Morris, Brett L.; Josiah Payne; Damien Callaghan
Subject: Tim Cool Property - UST Incident #47433 — Conditional No Further Action
Attachments: MO-28174_47433_G_C_20230505_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action letter for Tim Cool Property located at 4411 Bellwood Lane,
Charlotte, Mecklenburg County, North Carolina (UST Incident #47433).
Trudy
D- � E
" IH
� 15ulYly
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.BeverlyL&deq.nc. 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: ht_pt s://deq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: htfis://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
hit2s://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment ig s=mates
File Review Procedures:
https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresvilI e-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
htips://deq.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
httys:Hfiles.nc.¢ov/ncdeci Waste%20Mana¢ement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.ndf
htt 2s:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file°/a20names%20for°/`2OLaserfiche.docx