MO-30664_49622_G_NORR_20250218_Conditional No Further Action

JOSH STEIN
Governor
D. REID WILSON
Secretary
MICHAEL SCOTT
Director
Attn: Daniel Jimenez
Aveline Old Point Comfort LLC
4601 Charlotte Park Drive, Suite 350
Charlotte, NC 28217
(via email)
NORTH CAROLINA
Environmental Quality
February 20, 2025
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(e)
Risk -based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Mallard Creek Road Assemblage
9602 Mallard Creek Road
Charlotte, Mecklenburg County
Incident Number: 49622
Risk Classification: Low
Dear Mr. Jimenez:
Information received by the UST Section, Division of Waste Management, Mooresville Regional Office
on January 8, 2025 and the Notice of Residual Petroleum (NRP) received on February 14, 2025 have 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.
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 (see attachment), 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.
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 3011 Mooresville, NC
NORTH CAROLINA � 28115 1 [phone]
Department of Environmental Ouali�

Page 2 of 2
Incident Number 49622
February 20, 2025
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 (see attachment).
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 by contacting Trudy Beverly by email at
[e-mail] or by phone 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.
Sincerely,
Ronald H. 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)
Alyla Homer & Carl Hewett, S&ME, Inc. (via email)
Steve Smith, Delray at Mallard Creek, LLC (via email)
Attachment: Notice of Residual Petroleum to be filed with the Mecklenburg County Register of Deeds mailed
to S&ME, 2016 Ayrsley Town Blvd., Suite 2-A, Charlotte, NC 28273
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
NORTHCAROLINA 28115 1 [phone]
Department of Environmental Dual

NOTICE OF RESIDUAL PETROLEUM
Mallard Creek Road, Charlotte, Mecklenburg�County, North Carolina
(site name)
49622 38478-238
(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 143B-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 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
Any map or plat required by DEQ has been/shall 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
Delray At Mallard Creek Owner, LLC of Charlotte, NC
(owner's name) (city & state ofhomeowner)
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:
Revised October 2022

Lying and being situated in Mecklenburg County, North Carolina, and being more particularly described
as follows:
BEGINNING at an existing pipe on the easterly margin of the right-of-way of Mallard Creek Rd (S.R.
2467), said pipe having North Carolina State Plane Coordinates oN.•579,929.52E:1,471,430.34
(7VAD83/2011, CF: 0.99984279); thence following the margin of said right-of-way six (6) calls: (1) with a
bearing of N 19°54'46"W and a distance of 372.16' (passing an existing right-of-way disc at 125.60' and
an existing pinch top pipe at 295.36) to a point; (2) with a curve to the right having a radius of 1274.23'
and an arc length of 73.20', and being chorded by a bearing of N 18°16'02 "Wand a distance of 73.19' to
a point; (3) with a bearing of S 81 °12 '38 " Wand a distance of 5.37' to an existing rebar, (4) with a curve
to the right having a radius of 1387.39' and an arc length of 238.10, and being chorded by a bearing of
N 12 °01 '03 "Wand a distance of 237.81 ' to an existing rebar; (5) with a curve to the right having a
radius of 1387.39' and an arc length of 132.18, and being chorded by a bearing of N 04°22'18"Wand a
distance of 132.13' to a point; (6) with a curve to the right having a radius of 1717.95' and an arc length
of 198.04', and being chorded by a bearing of N 01 °39'36 "E and a distance of 197.93 ' to a set rebar,
being the common corner of the property of Piedmont Unitarian Universalist Church Inc (now or
formerly) recorded in Deed Book 7926, page 598; thence following the common line thereof with a
bearing of S 80°09'03 " E and a distance of 291.04' to a set rebar; thence with a new line with a bearing
of N 20°01 '49 "E and a distance of 431.53 ' to a set rebar on the common line of the property of Dave
Kunal (now or formerly) recorded in Deed Book 25867, page 708; thence continuing with said common
line with a bearing of S 69°12'58 "E and a distance of 344.05' (passing an existing pipe on line at 78.43 '
& 146.26' to an existing pipe on the western line of the property of Richard E & Jinmei Jacobson (now or
formerly) recorded in Deed Book 25867, page 708; thence following the common line thereof with a
bearing of S 30°57'19 "W and a distance of 361.86' (passing an existing pipe at 187.53 ) to an existing
pipe; thence continuing with the common line of Jacobson and then the common line of the property of
Nacy S Seaford (now or formerly) recorded in Deed Book 3011, page 326 with a bearing of S
03°31 '05 "W and a distance of 331.41 ' (passing an existing rebar at 22.01 ', an existing pipe at 80.63, an
existing pipe at 139.65, and an existing pipe at 272.72 ) to an existing pipe; thence continuing with the
common line of Seaford with a bearing of S 07°29'41 "E and a distance of 77.07' to an existing pipe;
thence continuing with the common line of Seaford then the common line of Aria at the Park Townhomes
Homeowners Association Inc. (now or formerly) recorded in Deed Book 34094, page 602 and show on
Map Book 65, page 957 with bearing of S 06°3722 "E and a distance of 390.26' (passing an existing pipe
at 119.81, an existing pipe at 130.15', and an existing pipe at 260.22 ) to an existing pipe, being the
common corner of the property of Summit Avenue URP, LLC (now or formerly) recorded in Deed Book
26940, page 583; thence following the common line thereof with a bearing of S 74°35'12 "Wand a
distance of 410.73 ' to an existing pipe; being that point of BEGINNING, having an area of 13.237 acres,
more or less, as show on a survey by Carolina Surveyors, Inc.
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).
2
Revised October 2022

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.
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.
�1r � M„ilwd CtpjlC' ou�ru'C
IN WITNESS WHEREOF, `y has caused this Notice to be executed pursuant to N.C.G.S.
Sections 14313-279.9 and 143B-279.11, this $'tk day of khtuiet v 20 Z.r.
(name ofresponlible party ifagent is signing)
By:
�Yi`gnature ofresp1bfisible party, attorney or other agent if there is one)
op /
Am Aa f IPA- G k A1411 � l &wk- Owee(
(title of gent or respons b ei Party if there is one)
Signatory's name typed or printed: ande,I A - lMene-L
Revised October 2022

ORTH CAROLINA
COUNTY
' ( ame 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: ,t 1 F L.-T1JVt- N'e: z
Date: 57— 2aa _7 >
(Ofp4d uni�„����,
; JO ,"o, afore of t Public77)-
�� ..... A, �iy �J9 N2
Cj�• • old` �A� ��� printed or typed name of Notary Public)
�pTARr a v 'a Notary Public
�`':,o PUB1'�G ti :' Z My commission expires: — 2
g� �ses of N.C.G.S. 14313-279.11
NBURG C,
(signature of Regional Supervisor)
Regional Supervisor
(printed name of Regional Supervisor)
Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
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: (Pull printed name ofRegional Supervisor)
Date:
(Official Seal)
(signature of Notary Public)
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
zztJ L' I 1 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)
m Mir H�c��9 7C
O �4 FS
'*'It,�NTY L,•
,Q, �- /e (26"
Sherian R. Black, Notary Public
Notary Number: 20041820022
My commission expires:
July 16, 2029

From: Beverly, Trudy
To: Cameron Jones
Cc: Steve Smith; Daniel Jimenez; AylaHomer(sbsmeinc.com; chewettCalsmeinc.com; Shawna; Morris, Brett L.
Subject: Mallard Creek Road Assemblage - UST Incident #49622 — Conditional No Further Action
Date: Thursday, February 20, 2025 3:01:00 PM
Attachments: MO-30664 49622 G NORR 20250218 Conditional No Further Action.odf
imaae001.png
Please seethe attached Conditional No Further Action letter for Mallard Creek Road
Assemblage located at 9602 Mallard Creek Road, Charlotte, Mecklenburg County, North
Carolina (UST Incident #49622).
The original Notice of Residual Petroleum will be mailed via USPS to S&ME in Charlotte for
filing with the Register of Deeds.
Trudy
D. EF Q:
Ueparinxnt oYFL: mrunm entul ouaLh�
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.13everlyggdeq. 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: hUs://deq.nc.aov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: htt2s://deq.nc.,gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httos://deq.ne.gov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment ig s-mates
File Review Procedures:
h=s://deq.ne. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
httl2s://deq.nc.gov/about/divisions/waste-management/laserfiche
Pit�ps %/files nc gov�ncc�egasYe�/oianagemeni/MMatsNew/Final-Electronic-Document-Submittal-Policy►df
httns://files.nc.gov/ncdeq/W aste%20Mana,gement/DWM/UST/Corrective%20Action/UST%20file%20names%20for%20Laserfiche.docx