MO-29269_48436_G_C_20221101_Conditional No Further Action

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
Shirley Keistler Trust
Attn: Nicole Bryan
15901 Cramur Drive
Huntersville, NC 28078
(via email)
Dear Shirley Keistler Trust:
NORTH CAROLINA
Environmental Quality
November 1, 2022
Re: Conditional No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
15901 Cramur Drive Heating Oil
15901 Cramur Drive, Huntersville
Mecklenburg County
Incident Number: 48436
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 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.
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

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.
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 by email at
Trudy.Beverlykncdenr.gov or by phone at [phone].
Sincerely,
vw-
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)
Scott Ball & Tomie Benton, Geological Resources, Inc. (via email)
Attachment: Notice of Residual Petroleum (mailed to Geological Resources, Inc. for filing
with the Mecklenburg County Register of Deeds)
Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1 [phone]
,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 CARouNn
Department of Environmental Dual
28115 [phone]

NOTICE OF RESIDUAL PETROLEUM
15901 Cramur Drive Heating Oil (Incident #48436) , 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 143B-279.9 and 14313-279.11. 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 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 Register of Deeds' office Book , Page
(name o(cougv)
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
Shirley A. Keistler, Trustee UTD through her Attorney in Fact, Nicole V. Bryan of Huntersville, North Carolina is
(owner's name) (city & state ofhomeowner)
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:
Revised February 7, 2019

Beginning at a poplar tree (now or formerly) located in the Southernmost line of the lands conveyed to Clayton C.
Hager and wife, Myrtle Jester Hager, by Guaranty Trust Company of New York, Trustee, by deed recorded in Book
1384 at Page 63 and also being in he Southernmost line of the lands conveyed to Hager and wife, by deed of Duke
Power Company recorded in Book 1384 at Page 68, and running thence from said point or place of beginning North
41 degrees 20 minutes West 194 feet with the Hubbard line to an iron in the Duke Power Company lands; thence
with the Duke Power Company line North 50 degrees; 20 minutes East 152.3 feet to a point; thence continuing with
the Duke Power Company line 29 degrees 09 minutes East 57.7 feet to a point in the Hager line; thence with the
Hager line South 52 degrees 55 minutes East 245.76 feet to a point; thence North 41 degrees 34 minutes East 131.62
feet to a point; thence South 48 degrees 36 minutes East 225 feet to a point in the center line of Highway #148;
thence with the center line of Highway # 148, South 41 degrees 34 minutes West 77.03 feet to a point in said center
line; thence continuing with the center line of said Highway South 42 degrees 22 minutes West 122.97 feet to point
in the center line of said Road; thence North 80 degrees 57 minutes West 339.89 feet to the point of place of
beginning.
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 residualpetroleum above applicable regulatorystandard(s) remains on thesite in
the area identified in Figure 2,AttachmentA. No soil shall be excavated or disturbed within 3
feetofthe area identified in Figure2, Attachment except to remediate the soil in accordance
with all applicable state and federal statues, regulations, and guidelines.
Groundwater: Groundwaterfrom the site is prohibitedfrom 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 orby 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.
2 Revised February 7, 2019

IN WITNESS WHEREOF, k/V ' 9has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11 t is _+ day of OCj;y-b& , 20'92.
,91ni inew As-h r s+
(name of responsib party i agent is signing) M'P
By: 10 - 31.2003
(signature o/'r sponsible par attorney oi then agent if there is one)
_ y S
(title of agent for responsible party if there is one)
Signatory's name typed or printed: W 1 a 16 V , s4-e QJ
NORTH CAROLINA
{,(', 41 ftft O� COUNTY
(N me of county in which ack wledgment was taken)
V.
I, .ShW11Vn L- • V AYNCU• Ya Notary PubliWo rsaid County and State, do hereby certify that IJ a gl e
-Tr4tZk attorney in fact for TjNonally appeared before me this day, and being by
me duly sworn, says that he ex uted the foregoing and annexed instrument for and in behalf of the said
, and that his authority to execute and acknowledge said instrument is contained in an instrument duly
executed, acknowledged, and recorded in the office of in the County of Mecklenburg
State of North Carolina, on the day of 20 and that this
instrument was executed under and by virtue of the authority given by said instrument granting him
power of attorney.{y.
I do further certify that the said acknowledged the due execution of the
foregoing and annexed instrument for the purposes the expressed for and in behalf of the said
WITNESS my hand and official seal, this the 2-F- day of 00-0 bt7y- , 20 Z2..
Silt 4i4�— 6 - V" 04 ✓`t- ---
(Offlclal Seal) (signature ofNotaq Public)
3hanr1s1 L-- k/0-41dUye"
printed or typed name of Notary Public)
noR elv, Notary Public
North ,3,'a My commission expires: �• 3 ���
Revised February 7, 2019

Approved for the purposes of N.C.G.S. 143B-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
D&tea.. 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)
Sherian R. Black Notary Public
Notary Number: 20041820022
My commission expires:
July 12 2024

Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, November 1, 2022 1:51 PM
To: Nicole Bryan
Cc: Shawna; Morris, Brett L.; Tomie Benton; Scott Ball
Subject: 15901 Cramur Drive Heating Oil - UST Incident #48436 — Conditional No Further Action
Attachments: MO-29269_48436_G_C_20221101_Conditional No Further Action.pdf
Please see the attached Conditional No Further Action letter for 15901 Cramur Drive Heating Oil located at 15901
Cramur Drive, Huntersville, Mecklenburg County, North Carolina (UST Incident #48436).
Trudy
it r- ��- Q'i�
u�r, �
Ueparonmcnlal 0w
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 everlyp_ncdenr. 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
UST Petroleum Releases Website Address: https://deg.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/corrective-action-branch
Non -UST Petroleum Releases Website Address: https://deq.nc.gov/about/divisions/waste-management/ust/nonust-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httos://deo.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-ais-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):
btips://deg.nc.gov/about/divisions/Waste-manaaement/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https:Hfiles.nc. gov/ncdeq/Waste%2OManagement/D WM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policy_.pdf
htWs://files.nc. gov/ncdeq/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx