MO-30300_49324_G_NORR_20240124_Conditional No Further Action

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
Heather Harjes
4331 Lake Drive North
Charlotte, NC 28217
(via email)
NORTH CAROLINA
Environmental Quality
January 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
Heather Harjes Property
4331 Eagle Lake Drive North
Charlotte, Mecklenburg County
Incident Number (if applicable): 49324
Risk Classification: Low
Dear Ms. Harjes:
Information received by the UST Section, Division of Waste Management, Mooresville Regional Office
on January 5, 2024 and the Notice of Residual Petroleum (NRP) received on January 4, 2024 have been
reviewed. The review indicates that soil and groundwater contamination meet 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 (received January 4, 2024); 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
prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated at
the site. 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" 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.
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 with the Register 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
Department of Environmental Dual
28115 [phone]

Page 2 of 2
Incident Number 49324
January 24, 2024
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 January 4, 2024).
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. 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.Beverlygdeq.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.Beverlykncdenr. og_v 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)
Robert Payne, Josiah Payne, & Damien Callaghan, Cedar Rock Environmental (via email)
Attachment: Notice of Residual Petroleum (received January 4, 2024)
D E Q � North Carolina Department of Environmental Quality I Division of Waste Management
,,o -Mooresville Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC
NORTH CARouNn [phone]
Deparanent of Environmental Qua[ 28115

B38568 - P 550
For Registration
Fredrick Smith
Register of Deeds
Mecklenburg County, NC
Electronically Recorded
2024 Jan 04 02:26 PM RE Excise Tax: $ 0.00
Book: 38568 Page: 550 - 555 Fee: $ 26.00
Instrument Number: 2024000957
NOTICE OF RESIDUAL PETROLEUM
Heather Harjes Property, 49324 , Mecklenburg_ County, North Carolina
(Site name) (Incident #)
Current property owner's Deed Book 35980 Pages 483-485
Site Address 4331 Eagle Lake Drive North, Charlotte, NC
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 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)
Source Property
Heather Lynn Harjes 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:
See Attachment A (excerpted from Mecklenburg County Register of Deeds Book
35980 Page 485).
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 Mecklenburiz
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 B. No soil shall be excavated or disturbed within 3
feet of the area identified in Figure 1, Attachment B 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, Heather Lynn Harjes has caused this Notice to be executed
pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 4th day of January , 2024.
Heather Lynn Harjes
(name of responsible party if agent is signing)
By: SV -a l%
(sigqoWe of responsible party, attorn y or er agent if there is one)
Vice President, Cedar Rock Environmental, P. C.
(Title of agent for responsible party if there is one)
Signatory's name typed or printed: Josiah D. Payne
NORT G CARO INA
COUNTY
(Name of coun y 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: Josiah D. Payne
Date:
(Official Seal)
of Nol�jy Public)
printed or typed name &otary Public)
Notary Public
My commission expires: �el
Revised February 5, 2019
Page 3 of 4

Approved for the purposes ofN.C.G.S. 143B-279.11
(signature of Regional Supervisor)
1AIVIC A Oe�'/d4�S , Regional Supervisor
(printed name of Regional Supervisor)
%ALC/Z-W Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH QARQLINA
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: L' 1?k' RAC1XARb A4,W5 (full printed name of Regional Supervisor)
Date:
(Official Seal)
PRKER'A
= 7 Nor m =
�m G t oa
%�O
oo's'�rY' NG eaaaoe�®
�B�/IB1111\\�
'Z�pW
( gnature ofNota Public)
ry'w clmkwyl
printed or typed name Notary Public)
Notary Public
My commission expires: ' -'m t 2021
Revised February 5, 2019
Page 4 of 4

ATTACHMENT A
Lying and being located in Steele Creek Township, Mecklenburg County, NC and being more
particularly described as follows:
Beginning at a new iron pipe located in the southerly margin of the right of way of Eagle Lake
Drive North, said right of way being 30 feet in width, said beginning point marking the common
front corners of Lots 43 and 44 of the property of Eagle Lake Fishing Club Inc. as shown on map
thereof recorded in Map Book 4 at page 465 in the Mecklenburg County Public Registry; thence
from said beginning point so established with the common property line of said Lots 43 and 44 S.
42-42-00 E. 302 feet to a new iron pipe The common rear corners of Lots 43 and 44; thence with
a portion of the southerly or rear property line of said Lot 43, two calls and distances as follows:
(1) S 54-00-55 W. 66.86 Feet to a point and (2) S. 84-56-09 W. 108.04 feet to a new iron pipe;
thence N. 40-57-10 W. 195.58 feet to a point; thence N. 05-46-55 E. 90.49 feet to a point located
in the southerly margin of the right of way of Eagle Lake Drive North, the common front corner of
Lots 42 and 43; thence with the southerly margin of said right of way in a northeasterly direction
with the arc of a circular curve to the left having a radius of 126.25 feet an arc distance of 85 feet,
having a chord bearing and distance of N. 66-36-16 E. 83.40 feet to the beginning point and
containing 0.96 acres and being the major portion of Lot 43 and a triangularly shape portion of
Lot 42 of Eagle Lake Fishing Club, Inc. Property as shown on the aforesaid map, and also as
shown on physical survey dated June 17, 1993, by Stephen B. Mullins N.C.R.L.S. (the "survey")
reference to which survey is made for a more particular description and a copy of which survey is
attached hereto as Exhibit A-1 and made a Part hereof.
Together with the following two easements which shall be appurtenant running with the title to the
above -described property:
1. A permanent, non-exclusive easement having dimensions of 15 feet by 36 feet lying Along the
westerly property line of the above described property as shown on the survey for the purpose of
maintaining, operating, using and repairing a pool pump building and pool equipment located on
the easement area herein described; provided, however, notwithstanding the non-exclusive
nature of the easement herein granted, the owner of the property lying of the west of the easement
herein granted shall have no right to use the pool equipment which is the subject of this easement.
2. A permanent, non-exclusive easement for vehicular and a 10 foot strip of land lying adjacent
to the northeasterly property line of the above described property leading from the southerly
margin of the right of way of Eagle Lake Drive North; identified as "gravel driveway" and as shown
on the attached survey, together with land to maintain repair and improve the driveway located
on the easement herein granted. Until such time as the adjoining Lot 44 is developed for single
family residential purposes, the owner of the 0.96 acres parcel of land hereinabove described
shall be responsible for the maintenances of the driveway on the easement herein granted once
development of the adjoining Lot 44 has begun and the owner of said adjoining lot utilizes the
easement area herein described for vehicular access to said adjoining lot. The cost of
maintenance of the driveway shall be borne jointly in equal proportions by the owners of said Lot
44 and the .096 acre parcel of land hereinabove described by the owners of said Lot 44 and the
0.96 acre parcel of land hereinabove described.

ATTACHMENT B
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.
I \
J '
I \
J\ John Evans
I \
Property
\ T1 ® House
Bryan Wright � \
Property \
1 inch = 50 feet
PROJECT: Heather Hares Property
INCIDENT #: 49324
LOCATION: 4331 Eagle Lake Drive N
Charlotte, Mecklenburg Co.
CRE PROJECT NUMBER: 377522590
RESTRICTED AREA (estimated
extent of soil contamination
exceeding applicable cleanup standards.)
- : Property Lines
r ----- I
I ; : T1 = 530-Gallon UST
CEDAR ROCK
ENVIRONMENTAL, P. C.
FILENAME: 3775NoRP.tcw
VERSION DATE: 12118/2023
FIGURE 1

From:
Beverly, Trudy
To:
"Heather Harjes"
Cc:
Shawna; Morris, Brett L.; Robert Payne; Josiah Payne; Damien Callaghan
Subject:
Heather Hades Property - UST Incident #49324 — Conditional No Further Action
Date:
Wednesday, January 24, 2024 3:11:00 PM
Attachments:
imaae001.Dna
MO-30300 49324 G NORR 20240124 Conditional No Further Action.Ddf
Please see the attached Conditional No Further Action letter for Heather Harjes Property 1
located at 4331 Eagle Lake Drive North, Charlotte, Mecklenburg County, North Carolina (UST
Incident #49324).
Trudy
ULWrL ± n[e19�mnnMML31 WY-11
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.Beverly&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: httns:Hdeg.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.xov/about/divisions/waste-management/waste-management-rules-data/waste-management-vis-mans
File Review Procedures:
httns://deo.nc. gov/about/divisions/waste-manaizement/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
bZs://deq.ne. gov/abouLect/divisions/waaste-managemenPt/lasseer�ficche
fit?ps /m/ files nc gov�ncdRaste'#/oZ8Wanagemean'IM V1/l) 'atsNew/Final-Electronic-Document-Submittal-Policy.lidf
hums://files.nc. gov/nedeq/Waste%20Mana,gement/DWM/UST/Corrective%2OAction/UST%2Ofile%20namesn/`20for°/`2OLaserfiche.docx