MO-9501_40937_G_C_20201027_Conditional No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
The Goodyear Tire and Rubber Company
Attn: Chris Wiley
200 Innovation Way
Akron, Ohio 44333
(via email)
Dear Mr. Wiley:
NORTH CAROLINA
Environmental Quality
October 27, 2020
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
GASC 2321 Bay 7 Lift
8415 Statesville Road, Charlotte
Mecklenburg County
Incident Number: 40937
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 (or NRP, see attached) 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 soil contamination may exceed the residential MSCCs, the area of the
property containing the soil contamination is suitable only for restricted residential use ("residential"
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

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.
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.
As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and
14313-279.11, you must file the approved plat 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 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, 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
Trudy.Beverly&ncdenr. og_v or [phone].
Sincerely,
� �'1• �v
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosure: Notice of Residual Petroleum (original mailed to Kyle Sorensen, Antea Group, 3530
Toringdon Way, Suite 106, Charlotte, North Carolina 28277, for filing)
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater
& Wastewater Services (via email)
Dennis & Camarie Brantley, 925 Spears Creek Court, Elgin, South Carolina, 29045
Matthew Eckmair & Kyle Sorensen, Antea USA of North Carolina, Inc. (via email)
9�- .
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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

NOTICE OF RESIDUAL PETROLEUM
GASC 2321 Bay 7 Lift (UST Incident #40937) , _Mecklenbura_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 Environment 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 Environment 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 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
(name of county)
Book , Page
Any map or plat required by DEQ has been/shall be recorded at the Register of
(name of county)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Source Property
Brantley Dennis Eugene Sr and Brantley Camarie Keitt_ of Charlotte, NC is the owner in fee
(owner's name) (city & state ofhomeowner)
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 5, 2019

8415 Old Statesville Road — Lot 4 (0.3078 acres)
Being all of Lot 4 of the "Revised Final Plat of the Thomas Petroleum Map 1" property
as more particularly shown on Map thereof recorded in Map Book 31, Page 697, in the Office of
the Register of Deeds for Mecklenburg County, North Carolina dated April 2, 1998 and revised
July 28, 1999 by Andrew G. Zoutewelle, N.C.R.L.S., to which reference is hereby made.
Together With a fifteen (15') foot slope easement along the southerly Lot line of Lot 3 of
Map Book 31, Page 697, aforesaid as shown thereon; provided however, should the
owner of Lot 3 desire to change the grade within the 15' foot slope easement, it may do
so at it's expense and maintenance, so long as it ensures the owner of Lot 4 the continued
use of its property free from any adverse effects from such change in grade.
Together With the rights and obligation imposed by that certain Easement of Joint
Driveway, dated July 30, 1999 and recorded in Book 10709, page 819, of the
Mecklenburg County Public Registry.
Additional Affected Property Also Subject to Restrictions
of is the owner in fee simple of a portion of
(owner's Name) (city &state oiowner)
the Site, which is located in the County of , State of North Carolina. Petroleum
contamination is located on this property at the time this Notice is approved. This property was also
owned or controlled by the underground storage tank owner or operator or another party responsible for
the petroleum discharge or release at the time the discharge or release was discovered or reported, or at
any time thereafter. This property is known and legally described as:
Not Applicable
Additional Affected Property Not Subject to Restrictions
Additionally, residual petroleum is also located on the following property. The following
property is not subject to land use restrictions pursuant to N.C.G.S. Section 143B-279.9(b). The
following property is known and legally described as:
Revised February 5, 2019

Not Applicable
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.
Revised February 5, 2019

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, 0
N.C.G.S. Sections 143B-279.9 and 14313-279.11, this
has caused this Notice to be executed pursuant to
_ day of ,20_
The Goodyear Tire & Rubber Company
00ne esponsible a i gent is signing)
By: 1-1. C
(signature of responsible arty, attorr y or other agent if there is one)
(Title of agent for responsible party if there is one)
Signatory's name typed or printed: Fred Thomas
Ok-o p
��CA
Sur" M i �COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person pers�qn ally appeared before a this day, acknowledging to me that he or
she signed the foregoing document: No�'4 tom. 9T 124VAUed &.6f OPP%
Date: q h ;"y
(Official Seal) (signature of otaryPublic)
printed or typed name of Notary Public)
Notary Public PAUt.A B. CHRIST, Attorney At taw
Notary PuMe - St to r.,; r.! r-,
My commission has no expirattuu data.
My commission Section 147.03 R. C.
expires: hvrG
Revised February 5, 2019

Approved for the purposes of N.C.G.S. 14313-279.11
Signature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
Tqj-t (I COUNTY
I certify that the following person personally appeared before me this day, each
Acknowledging to that he signed the foregoing document:
Ronald H . Taraban (full printed name of Regional Supervisor)
On
Date: � f�� Z�j 2020
(official Seal)
a 0.1-01pgHERIq.1111
r 140 �s
'r 6
k 0 Z/C :1A
11�.GNry. N ale
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024

/ BAY
#7-SIDEWALL
WEST-1 (8.0')
BAY
#7-SIDEWALL
WEST-2 (8.0')
BAY #7-
SIDEWALL-SOUTH
(8.0')
LEGEND
BAY#7- • SAMPLE LOCATION
FORMER
HYDRAULIC
PIPING
BAY #7-
SIDEWALL
NORTH (8.0')
BAY
#7-SIDEWALL
EAST-1 (8.0')
m� ilk
BAY
#7-SIDEWALL
EAST-2 (8.0')
AREA OF
EXCAVATION
SUPPORT
PILLAR
ROLL UP
GARAGE
DOOR
SUPPORT
PILLAR
FIGURE 2
SITE MAP
GOODYEAR AUTO SERVICE CENTER #2321
8415 OLD STATESVILLE ROAD
CHARLOTTE, NORTH CAROLINA
PROJECT NO. PREPARED BY DRAWN BY
GY20192321 ME 1H/LK0
0 5 - le)
DATE REVIEWED BY FILE NAME
SCALE IN FEET 10/18/19 KS E015087016 antea®group

Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, October 27, 2020 2:06 PM
To: 'Chris Wiley-CONT
Cc: Morris, Brett L.; Caldwell, Shawna; 'Matthew Eckmair'; 'Kyle Sorensen'
Subject: GASC 2321 Bay 7 Lift - UST Incident #40937 — Conditional No Further Action
Attachments: MO-9501_40937_G_C_20201027_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action letter for GASC 2321 Bay 7 Lift located at 8415 Statesville Road,
Charlotte, Mecklenburg County, North Carolina (UST Incident #40937). The original NRP will go out in the mail today to
the Antea Group for filing with the Register of Deeds office.
Trudy
Trudy Beverly, L.G.
D-. E W Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.B everly(cbncdenn 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: hitps://deq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httos://dea.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-maps
File Review Procedures:
https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https: //deq.nc. gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https:Hfiles.nc.gov/ncdeg/Waste%2OManatiement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.pdf
https:Hfiles.nc.gov/ncdegfWaste%20Management/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx