MO-28796_48021_G_C_20210917_Conditional No Further Action

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
Suzanne Wittebort
3130 Fairfax Drive
Charlotte, NC 28209
Dear Ms. Wittebort:
NORTH CAROLINA
Environmental Quality
September 17, 2021
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Suzanne Wittebort Property
3130 Fairfax Drive, Charlotte
Mecklenburg County
Incident Number: 48021
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. Groundwater was not sampled as part of the site investigation.
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 (received
September 11, 2021), 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.
NORTHCAROLINAD_E Q��
me Ueaadnl of Enaimnmental Uuali
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

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 14313-279.11, you must file the approved 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 (received September 11, 2021).
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 this notice, please contact me at [e-mail]
or [phone].
Sincerely,
6&md��,
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Filed Notice of Residual Petroleum
cc: Robert Payne, Josiah Payne, Damien Callaghan, Paragon Environmental Consultants, Inc. (via
email)
Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater &
Wastewater Services (via email)
E Q�� North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NORTH CAROLINA _
oeparhm^t^+Envl—^ma.i� /1
;0 704.663.1699

B36501 - P 514
For Registration
Fredrick Smith
Register of Deeds
Mecklenburg County, NC
Electronically Recorded
2021 Sep 08 08:32 AM RE Excise Tax: $ 0.00
Book: 36501 Page: 514 - 518 Fee: $ 26.00
Instrument Number: 2021171699
NOTICE OF RESIDUAL PETROLEUM
Suzanne Wittebort Property Pending , Mecklenburg County, North Carolina
(Site name) (Incident #)
Current property owner's Deed Book 7119 Pages 9-10
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 143B-279.9 and 14311-279.11. 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 14311-279.11, are strictly complied with. This "Notice of Residual
Petroleum" is composed of a description of the property, the location of I he 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 14313-279.9 and 143B-279.11 and has/shall be recorded at the
Mecklenburg Register of Deeds' office Book Page
(name of county)
Source Property
Suzanne Wittebort of Charlotte, North Carolina
(Owner's name) (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 14 in Block I of H. C. SHERRILL COMPANY (also known as
WAKEFIELD FARM), as shown on map thereof recorded in Map Book 5, page
219, in the office of the Register of Deeds for Mecklenburg County, North Carolina.
(Excerpted from Mecklenburg County Register of Deeds Book 7119 Page 9).
Revised February 5, 2019
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 1, 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 February 5, 2019
Page 2 of 4

IN WITNESS WHEREOF, Suzanne Wittebort has caused this Notice to be executed
pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 71' day of September , 2021.
Suzanne Wittebort
of responsible par z
s signing)
By:
(signature of responsible par , attorney or other agent if there is one)
President, Cedar Rock Environmental, P. C.
(Title of agent for responsible parry if there is one)
Signatory's name typed or printed: Robert A. Payne
NORTH CAROLINA
A 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: 7,
(Official Seal)
JOSIAH D. PAYNE
Notary Public
Alamance Co., North Carolina
My Commission Expires Oct, 22, 2025
(s: ature of Notary Public)
oSlw 9.
(printed or typed name of Notary Public)
Notary Public
My commission expires: G: < 2 2y
Revised February 5, 2019
Page 3 of 4

Approved for the purposes of N.C.G.S. 14313-279.11
(signature of Regional Supervisor)
/L1�2PC Pe4l-'R,5 , Regional Supervisor
(printed name of Regional Supervisor)
R11L /' �' /y Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
,A) eL 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: Ax-y-i - IV (POLL 1 (full printed name of Regional Supervisor)
Date: �<r 1 --2y�Z l
(Official Seal) (signature of Notary Public)
JOSIAH D. PAYNE �� ���
printed or typed name of Notary Public)
Notary Public Notary Public
Alamance Co., North Carolina
My Commission Expires Oct. 22, 2025
My commission expires: . Z7 202,E
Revised February 5, 2019
Page 4 of 4

ATTACHMENT
N NOTE:
This map may not be a certified survey
and has not been reviewed by a local
government agency for compliance with
any applicable land development regulations
and has not been reviewed for compliance
with recording requirements for plats.
Garrett Lucas
Property
Janish Patel
_ Property
T1
Mitchell Anderson
Property
House
Trevor Marticke -
Property
� = a
x
Graham Dennis
Property
0 20 40 80
1 Inch = 40 Feet
PROJECT: Suzanne Wittebort Property
INCIDENT # Pending
LOCATION: 3130 Fairfax Drive
Charlotte, Mecklenburg Co.
CRE PROJECT NUMBER: 327022590
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: 3270-Figl .fc7
VERSION DATE: 913121

Beverly, Trudy
From: Beverly, Trudy
Sent: Friday, September 17, 2021 10:21 AM
To: Bob Payne; Josiah Payne; [e-mail]; Caldwell, Shawna; Morris, Brett L.
Subject: Suzanne Wittebort Property - UST Incident #48021 — Conditional No Further Action
Attachments: MO-28796_48021_G_C_20210917_Conditional No Further Action.pdf
Please see the attached Conditional No Further Action letter for Suzanne Wittebort Property located at 3130 Fairfax
Drive, Charlotte, Mecklenburg County, North Carolina (UST Incident #48021).
Trudy
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. 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: ht_pt s://deg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httos://dea.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-ais-mans
File Review Procedures:
hitps://deq.ne. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
bit.ps://deq.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
htti)s:Hfiles.ne.izov/ncdea[Waste%2OMana2ement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.l)df
https:Hfiles.nc.gov/ncdeq/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx