MO-29889_48982_G_NORR_20240424_Conditional No Further Action

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
TPM Properties Limited Partnership
Attn: Thomas Moore
3816 Mooreland Farm Road
Charlotte, NC 28226
(via email)
NORTH CAROLINA
Environmental Quality
April 24, 2024
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(e)
Risk -based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
TPM Properties Limited Partnership Property
3201 Tuckaseegee Road, Charlotte
Mecklenburg County
Incident Number: 48982
Risk Classification: Low
Dear Mr. Moore:
Information received by the UST Section, Division of Waste Management, Mooresville Regional Office
on October 11, 2023 and April 18, 2024 has been reviewed. The review indicates that groundwater
contamination meets the cleanup requirements for a low -risk noncommercial site under Title 15A NCAC
2L .0202 and .0400, but contamination exceeds the limits allowed for unrestricted closure of a site 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 NRP 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 on receipt of confirmation that public notice requirements have been
completed, as described in the following paragraphs.
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. Water supply wells of any kind shall not be installed or operated
within 150 feet of the site.
As groundwater contamination may exceed the groundwater quality standards established in Title 15A
NCAC 2L .0202, pursuant to NCGS 14313-279.9 and 14313-279.11, you must file the approved Notice of
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 CAROLINn [phone]
Department of Environmental Dual 28115

Page 2 of 2
Incident Number 48982
April24, 2024
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, public notice in accordance with 15A NCAC 2L .0409(b) also is required. Thus, within
30 days of receipt of this letter, a copy of the letter must be provided by certified mail, or 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 office must be provided with proof of receipt of the copy of the
letter or of refusal by the addressee to accept delivery of the copy of the letter or with a description of the
manner in which the letter was posted. Interested parties may examine the incident file and may make
comments on the site by contacting Trudy Beverly by email at Trudy.Beverlykdeq.nc.gov or by telephone
at [phone].
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 Trudy Beverly by email at
Trudy.Beverlykdeq.nc.gov or by telephone at [phone].
Sincerely,
Ron Taraban
Regional Supervisor
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater
Services (via email)
Steve Libbey, Hart & Hickman, PC (via email)
Ryan Spidel, Taylor Mebane, & David Caldwell, Charlotte Mecklenburg Storm Water Services (via email)
Mackenzie Shepard, 1304 Enderly Road, Charlotte, NC 28208 (via email)
Attachment: Notice of Residual Petroleum (original mailed to attn: Steve Libbey, Hart & Hickman,
2923 South Tryon Street, Suite 100, Charlotte, NC 28203 for filing)
D E Q 1 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 CAROLINA [phone]
Deparanent of Environmental Qua[ 28115

NOTICE OF RESIDUAL PETROLEUM
TPM Properties Limited Partnership Property, Mecklenburg County, North Carolina
(site name)
48982 31737, 687
(Incident Number) (Deed Book, Pages of Property Deed to be Restricted)
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 14313-279.9 and 143B-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 14313-279.9 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
Any map or plat required by DEQ has been/shalI be recorded at the Mecklenburg
(name of county)
Register of Deeds' office Book and Page referenced above, and has been/shall be incorporated into the
Notice by this reference.
Source Property
TPM Properties Limited Partnership of Charlotte, NC is the owner in fee simple of all
(owner's name) (city & state ofhomeowner)
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 October 2022

r ` _j (Tax Parcel 065-044-11) (3127 and 3201 Tuckaseegee Road, Charlotte, NC)
BFGINNING at a stake in the westerly margin of Enderly Road, said stake being the paint
of intersection of the westerly margin of Enderly Boat and the southerly margin of
Tuckaseegee road, and running thence along and with the westerly margin of 1ndcrly
Road, in a southwesterly direction 285.55 feet to an iron in said margin, thence ]caving the
road margin and running with the line between Lots 9 and 10 of Block 10 of Endcrly Paris
(as shown on neap recorded in the Mecklenburg. County Public Registry ("MCPR") in Map
Book 3, Page 213) N 29-11 W 121.42 feet to an iron, a rear corner between Lots 10 and 9;
thence with the rear lines of Lots 10 through 14. S 80-00-45 W 123.62 feet to an iron, rear
corner betwoun Lots 14 and 15; thence N 26-40-10 W 53.58 feet to an old iron in concrete;
then S 81-46-40 W 58.67 feet to a }mint in the line of Lot 9, Block 1 of the Thomas Rogers
property as shown on a map thereof recorded in Map Book 332, Page 366, MCPR, said
point being at the northeasterly margin of the right-of-way of Rogers Street; thence with the
right-of-way of Rogers Street N 58-34-30 W 45.99 feet to a point (said point being the
earner between Lots 10 and i I of Block I as shown on map recorded in Map Book 332,
Page 366), thence with the line between Lots 10 and 1 I of Block 1 as shown on map
recorded in Map Hook 332, Page 366 N 31-25-30 E 150 fee to an alley shown on said map
recorded in Map Book 332, Pape 366; thence with said alley S 58-34-30 L 45 feet to a point
in the rear corner between Lots 9 and 10 of Block I as sown on tap recorded in Book 332,
Page 366; thence N 58-21 E 11.05 feet to a point in the rear line of iatt 7 of Block I as
shown on map recorded in Book 3321. Page 366, thence N 31-25-M E 138,68 feet to a point
in the southerly margin of 'ruckascegee Road; thence along and with the southerly margin
of Tuckaseegee Road S 58-57-40 E 370.42 feet to a stake, the Point and Place of
BEGINNING.
Being the same property as set Icnih in a deed from Enderly Park Baptist Church, Inc. to the
named Trustees of Mount Carmel Baptist Church by deed dated March 15, 1977 and
recorded in Hoak 3926, Page 228, and also as Tract 11 in a deed recorded June 21, 20t1=t
from the named Trustees of Mount Carmel Baptist Church to Mount Carmel Baptist
Church of Charlotte, lac„ in Book 17372, Page 784, MCPR.
race 2 (Tax Parcel 065-043-07) (33W Tuckaseeegee Road. Charlotte, NC)
BEING all of Lot 5, Block I of the Mrs.. V.b, McQuay Property, nceording to the plat
thereof,. as recorded in Map Book 4, Page 285, in the Office of the. Register of Deeds of
Mecklenburg County, North Carolina.
Tieing the same property as set forth in a deed as Tract III in a deed recorded June 21, 20,04
from the named Trustees of Mount Carmel Baptist Church to Mount Carmel Baptist
Church of Charlotte, Inc., in Hook 17372, ['age 784, MCPR.
Additional Affected Property Also Subject to Restrictions
N/A of is the owner in fee simple of a portion of
(owner's Name) (city & state of owner)
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:
Revised October 2022

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).
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:
Not Applicable
PERPETUAL LAND USE RESTRICTIONS
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 October 2022

ENFORICEMENT
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 nnay 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, TPM Properties Limit(.-d Partnership has caused th's Notice to be ex uted
pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this f �rilay ofX6 t ,202t .
(name of onsible party if agent is signing)
I:
(signature of responsible party, attorney or other agent if there is one)
HIV E ? .A L PP) K:r X) 6 tZ
(title of agent for responsible party if there is one)
Signatory's name typed or printed: —f H v VAA-5 W P-2!� J �
N�A
CAR LIMO 2 KCOUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person(s) personally appf-arcd1 before methis ,dray, each acknowledging to me
that he or she signed the foregoing document:
Date: �--� = l� 2(--� ��u1
G
(Official Seal)
.`, . 0
,-OTAIZy s
(signature of Notary rI D�n�)h `
printed or typed name of Notary Public)
Notary Public
My commission expires:)
4
Revised October 2022

Approved for the purposes of N.C.G.S. 14313-279.11
(signature of Regional Supervisor)
Ronald H. Taraban, Ph.D.
Regional Supervisor
Mooresville Regional Office
UST Section
Division of Waste Management
Department of Environmental Quality
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)
Date,.:14?423, 2v2 —
�ar�►��%AN R,
cn..._._ MY y �`
9 J2
3�0�! ALB LIG
a'yl.CoUNj t
MM
� I'm i
i
Sherian R. Black, Notary Public
Notary Number:
20041820022
My commission expires:
July 12, 2024

From: Beverly, Trudy
To: Thomas Moore
Cc: Soidel, Ryan; Mebane, Taylor D.; Caldwell, David; Shawna; Morris, Brett L.; Mackenzie Shepard; Steve Libbev
Subject: TPM Properties Limited Partnership Property - Conditional Notice of No Further Action N UST Incident #48982
Date: Wednesday, April 24, 2024 9:20:00 AM
Attachments: MO-29889 48982 G NORR 20240424 Conditional No Further Action.odf
image001.pnng
Please seethe attached Conditional No Further Action letter for TPM Properties Limited
Partnership Property located at 3201 Tuckaseegee Road, Charlotte, Mecklenburg County,
North Carolina (UST Incident #48982). The original Notice of Residual Petroleum will go out in
today's mail to Hart & Hickman for filing with the Mecklenburg County Register of Deeds.
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.Beverlykdeq.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: haps:Hdeq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: httus://deq.nc.gov/about/divisions/waste-mana,gement/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://deo.nc. gov/about/divisi ons/waste-management/waste-management-rules-data/waste-management-2is-mans
File Review Procedures:
bUs://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
Rtips /% files nc gov neAeyVasYe�/2 anagemengg"Rg �iatsNew/Final-Electronic-Document-Submittal-Policy df
hUs://files.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx