AECOM Technical Services of North Carolina, Inc. 5925 Carnegie Boulevard, Suite 370 Charlotte, North Carolina 28209 (704) 553-6150 Phone (704) 553-6151 Fax AECOM 5925 Carnegie Blvd. Suite 370 Charlotte, North Carolina 28209 www.aecom.com 704 553 6150 tel 704 553 6151 fax July 11, 2017 North Carolina Department of Environmental Quality Division of Waste Management – DSCA Program 1646 Mail Services Center Raleigh, NC 27699-1646 Att: Mr. Patrick Watters DSCA Project Manager Re: Risk Management Plan Former Sno-White Launderers - DSCA Site ID DC600085 3712 East Independence Boulevard Charlotte, Mecklenburg County, North Carolina Dear Mr. Watters: AECOM Technical Services of North Carolina, Inc. (includes legacy URS and herein referred to as AECOM) is pleased to provide the attached Risk Management Plan (RMP) for the Former Sno-White Launderers site previously located at 3712 East Independence Boulevard in Charlotte, North Carolina. A risk assessment conducted for the site indicates that contaminant concentrations at the site do not pose an unacceptable risk. The primary purpose of this RMP is to ensure that the assumptions made in the risk assessment remain valid in the future. Based on the documentation outlined in this report, AECOM recommends issuance of a No Further Action letter for the site. If you have any questions or require additional information, please do not hesitate to contact either Rob MacWilliams or Jeffrey T. Hvozdik at 704.553.6150. Sincerely, AECOM TECHNICAL SERVICES OF NORTH CAROLINA, INC. Jeffrey T. Hvozdik, PG Robert H. MacWilliams, PG Project Manager Program Manager
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AECOM Technical Services of North Carolina, Inc.5925 Carnegie Boulevard, Suite 370Charlotte, North Carolina 28209(704) 553-6150 Phone(704) 553-6151 Fax
AECOM5925 Carnegie Blvd. Suite 370Charlotte, North Carolina 28209
www.aecom.com
704 553 6150 tel704 553 6151 fax
July 11, 2017
North Carolina Department of Environmental QualityDivision of Waste Management – DSCA Program1646 Mail Services CenterRaleigh, NC 27699-1646
Att: Mr. Patrick WattersDSCA Project Manager
Re: Risk Management PlanFormer Sno-White Launderers - DSCA Site ID DC6000853712 East Independence BoulevardCharlotte, Mecklenburg County, North Carolina
Dear Mr. Watters:
AECOM Technical Services of North Carolina, Inc. (includes legacy URS and herein referred to asAECOM) is pleased to provide the attached Risk Management Plan (RMP) for the Former Sno-WhiteLaunderers site previously located at 3712 East Independence Boulevard in Charlotte, North Carolina. Arisk assessment conducted for the site indicates that contaminant concentrations at the site do not pose anunacceptable risk. The primary purpose of this RMP is to ensure that the assumptions made in the riskassessment remain valid in the future. Based on the documentation outlined in this report, AECOMrecommends issuance of a No Further Action letter for the site.
If you have any questions or require additional information, please do not hesitate to contact either RobMacWilliams or Jeffrey T. Hvozdik at 704.553.6150.
Sincerely,
AECOM TECHNICAL SERVICES OF NORTH CAROLINA, INC.
Jeffrey T. Hvozdik, PG Robert H. MacWilliams, PGProject Manager Program Manager
Risk Management PlanFormer Sno-White Launderers - DSCA Site ID DC6000853712 East Independence BoulevardMecklenburg CountyCharlotte, North Carolina 28205
Submitted To:NC Department of Environmental QualityDivision of Waste Management – DSCA Program1646 Mail Services CenterRaleigh, NC 27699-1646
___________________ _______________________Jeffrey T. Hvozdik, PG Robert H. MacWilliams, PGProject Manager Program ManagerN.C. Professional Geologist #2251 N.C. Professional Geologist #1467
AECOM Technical Services of North Carolina, Inc.5925 Carnegie Boulevard, Suite 370Charlotte, North Carolina 28209
Risk Management Plan Former Sno-White LaunderersDSCA ID DC600085
1.0 INTRODUCTION .....................................................................................................12.0 OBJECTIVES OF RISK MANAGEMENT PLAN .................................................13.0 SUMMARY OF RISK ASSESSMENT REPORT ...................................................2
4.0 REMEDIAL ACTION PLAN ...................................................................................54.1 ASSESSMENT ACTIVITIES AND INTERIM ACTIONS ...............................................54.2 REMEDIAL ACTION ......................................................................................................7
5.0 DATA COLLECTED DURING RMP IMPLEMENTATION ................................9
6.0 LAND-USE CONTROLS .........................................................................................97.0 LONG-TERM STEWARDSHIP PLAN ................................................................. 10
10.0 CONTINGENCY PLAN IF RMP FAILS .............................................................. 1111.0 CONCLUSIONS AND RECOMMENDATIONS .................................................. 11
FIGURES
Figure 1 Site Location Map
Figure 2 Exposure Unit Location Map
Figure 3 Groundwater Quality Summary Map
Figure 4 Soil Quality Summary Map
Figure 5 Vapor Quality Summary Map
Figure 6 Soil Infiltration Cover Map
Figure 7 Land-Use Controls Map
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APPENDICES
Appendix A Documentation of Plume Stability Evaluation
Appendix B Level 1 Ecological Risk Assessment
Appendix C Notice of Dry-Cleaning Solvent Remediation for the Source Property
(Manchester NC Coliseum LLC, PIN 16101237)
Appendix D Example Annual Certification of Land-Use Restrictions
Appendix E Example Documents Announcing Public Comment Period
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1.0 INTRODUCTION
AECOM Technical Services of North Carolina, Inc. (includes legacy URS and herein referred toas AECOM) has prepared this Risk Management Plan (RMP) to address dry-cleaning solventcontamination associated with the Former Sno-White Launderers (DSCA Site DC600085) onbehalf of the North Carolina Department of Environmental Quality (NCDEQ) Dry-CleaningSolvent Cleanup Act (DSCA) Program. The Former Sno-White Launderers dry-cleaning facilitywas located at 3712 East Independence Boulevard, which is currently a vacant tenant spacewithin the Coliseum Shopping Center, in Charlotte, Mecklenburg County, North Carolina (hereinreferred to as the “site”). The site location is shown on the attached Figure 1. The site, alsoreferred to as the source property, is owned by Manchester NC Coliseum LLC, and includes aportion of Mecklenburg County Parcel Identification Number (PIN) 16101237.
This RMP is intended to comply with the requirements of the DSCA (N.C.G.S. 143-215.104A etseqs) and promulgated rules and follows the outline provided in the DSCA Program’s risk-basedcorrective action (RBCA) guidance.
2.0 OBJECTIVES OF RISK MANAGEMENT PLAN
AECOM has completed assessment activities at the site which identified the following:· The presence of tetrachloroethene (PCE), trichloroethene (TCE) and vinyl chloride in
groundwater beneath the source property at concentrations exceeding the Title 15A NCAC2L .0202 Groundwater Standards (2L Standards);
· Soil impacts of PCE above unrestricted land-use standards beneath the source property;and
· Concentrations of PCE and TCE in soil gas exceed allowable risk beneath the sourceproperty.
AECOM completed a risk assessment for the site in accordance with the DSCA Program’s riskassessment procedures on November 29, 2016. The results of the risk assessment indicated thatthere are risks that exceed applicable target levels on the source property. These risks will bemanaged using site-specific land-use conditions that have been selected as part of the riskassessment evaluation and which require a RMP. Thus, the objective of the RMP is to ensure thatthose site-specific land-use conditions remain valid in the future.
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3.0 SUMMARY OF RISK ASSESSMENT REPORT
Investigation activities completed to date are documented in the following reports: Limited Soiland Groundwater Assessment, dated April 8, 2014 (ECS Carolinas, LLP [ECS]); Air QualityEvaluation Results letter report, dated November 18, 2014 (URS); Prioritization AssessmentReport (PAR), dated November 21, 2014 (URS); Updated Prioritization Assessment Report,dated September 22, 2015 (URS); Soil Gas Report dated January 7, 2016 (URS); GroundwaterMonitoring Report (GWMR), dated June 6, 2016 (URS); Level 1 Ecological Risk Assessment,dated September 7, 2016 (URS); and Soil Gas Report dated December 20, 2016 (URS). Theinvestigation activities completed to date have indicated the presence of soil, groundwater andvapor contaminants at the site above unrestricted land-use standards. As such, AECOMperformed a risk assessment to address the applicable exposure pathways based on the identifiedimpacts. Comprehensive results of the risk assessment, which are summarized herein, aredocumented in the Risk Assessment Report, dated November 29, 2016.
The site is currently zoned as commercial; however, to be protective of unknown future zoningand mixed-use development in the future, both residential and commercial scenarios wereconsidered as part of the risk assessment.
The risk assessment process consisted of evaluating exposure pathways for the two exposureunits shown on Figure 2. In lieu of representative concentrations (RCs), maximum soil,groundwater and/or vapor contaminant concentrations observed within Exposure Unit #1 andExposure Unit #2 were used as part of this evaluation. A summary of the groundwater qualitydata used in the risk assessment is included on Figure 3. A summary of the soil quality data usedin the risk assessment is included on Figures 4 and 6. A summary of the vapor quality data usedin the risk assessment is included on Figure 5. The exposure model evaluation indicated thefollowing exposure pathways for Exposure Unit #1:
Exposure Unit #1 - this exposure unit includes the portion of the source property where theformer dry-cleaning facility operated and where soil, groundwater and sub-slab soil gas impactsare present.
· Indoor Inhalation of Vapor Emissions – Impacted soil and groundwater is presentmaking a complete exposure pathway. Indoor inhalation of vapor emissions wasevaluated for current conditions (commercial) and future conditions (residential and
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commercial). The indoor air exposure pathway passed the risk evaluation for currentcommercial land-use conditions but did not pass for future land-use conditions (i.e.residential or commercial receptor/land-use scenarios). The future indoor air inhalationexposure pathway can be addressed through the imposition of vapor intrusion land-usecontrols on this portion of the property.
· Surface Soil Combined – Impacted surface soil is present making a complete exposurepathway. Surface soil exposure was evaluated for current conditions (commercial), futureconditions (residential and commercial), and construction worker. Surface soil combinedpathway risk levels did not exceed calculated allowable risk for residential, non-residential(i.e. commercial/industrial) and construction worker receptors. Therefore, no land-usecontrols are recommended for impacted soils associated with this site due to the surficialsoil combined pathways.
Exposure Unit #2 - this exposure unit includes the portion of the source property wheregroundwater impacts are present.
· Indoor Inhalation of Vapor Emissions – Impacted groundwater is present making acomplete exposure pathway. Indoor inhalation of vapor emissions was evaluated forcurrent conditions (commercial) and future conditions (residential and commercial). Thecomplete indoor air exposure pathway passed the risk evaluation for current and futureland-use conditions. No land-use controls are necessary to address the human health riskfor this pathway/receptor.
Point of Exposure Modeling
Site-specific Domenico groundwater modeling results indicate an exceedance of the site-specifictarget level (SSTL) for PCE in source soil as modeled to be protective of the closest point ofexposure (POE). The closest POE was selected to be the first property [4047 Hiddenbrook Drive(PIN 16101216)] on which impacts have not been observed and is located approximately 900feet west from what is considered to be the soil and groundwater source area. Site-specificDomenico groundwater modeling results indicate an exceedance of the SSTL for PCE in sourcesoil as modeled to be protective of the closest surface water POE. The closest surface water POEwas selected to be the closest downgradient surface water body, Edwards Branch, locatedapproximately 1,220 feet west from what is considered to be the soil and groundwater sourcearea. The locations of the 4047 Hiddenbrook Drive property and Edwards Branch in respect tothe site are indicated on Figure 2.
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Evaluation of site groundwater quality indicates that the plume has not migrated as far as themodeling projects. The Domenico groundwater model utilized as part of this evaluation does notaccount for physical and/or biological mediated contaminant degradation that may be occurringnaturally in the subsurface as the contaminant(s) migrate between the source area and the pointof exposure. The rate of infiltration is a significant variable in the leaching of contaminants fromcontaminated soil to groundwater therefore, it is reasonable to assume that plume expansionwould occur if infiltration rates increase in the area of source soil contaminations. It isrecommended that land-use controls be utilized to maintain infiltration conditions in areas whereimpacted soils exceed the calculated SSTLs and structures and/or paved surfaces may currentlylimit infiltration rates.
Land-use controls should be implemented on the source property in areas where groundwatercontaminant concentrations are above the 2L Standards. The area of groundwater land-usecontrol established in the risk assessment is included on Figure 7.
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4.0 REMEDIAL ACTION PLAN
4.1 Assessment Activities and Interim Actions
A Limited Soil and Groundwater Assessment dated April 8, 2014, prepared by ECS, identifiedPCE impacts to soil and groundwater at levels exceeding the 2L Standard at the site.Subsequently, the property owner, Kale Company, LLC, submitted a petition in May 2014 torequest admittance of the site into the DSCA Program. The site was certified into the program onMay 20, 2014.
In September 2014, AECOM initiated prioritization assessment activities which included: 1) areceptor survey; 2) indoor/ambient air and subslab vapor quality sampling; 3) the advancementof ten soil borings (SB-1 through SB-10); 4) the installation of five shallow Type II groundwatermonitoring wells (MW-1 through MW-5); and 5) groundwater sampling. Pertinent groundwater,soil and air/vapor sample locations and analytical results are shown on Figures 3, 4 and 5,respectively. Review of the soil, groundwater and air/vapor data generated warranted additionalassessment. With the exception of the Edwards Branch surface water feature, no ecologicalreceptors with the likelihood of impact were identified within one-half mile of the site. Results ofthe September 2014 air/vapor assessment activities were submitted to the DSCA Program in theAir Quality Evaluation Results letter report, dated November 18, 2014. Results of the September2014 soil and groundwater assessment activities were submitted to the DSCA Program in thePAR, dated November 21, 2014.
In February and July 2015, AECOM conducted additional assessment activities which included:1) additional subslab vapor quality sampling; 2) the advancement of three additional soil borings(SB-11 through SB-13); and 3) the installation and sampling of one additional offsite shallowType II groundwater monitoring well (MW-6). Pertinent groundwater, soil and air/vapor samplelocations and analytical results are shown on Figures 3, 4 and 5, respectively. Review of theadditional soil, groundwater and air/vapor data generated did not appear to warrant further soiland/or groundwater assessment; however, additional vapor intrusion assessment activities werewarranted upgradient of monitoring well MW-1, as contaminant concentrations exceededgroundwater vapor intrusion screening levels for residential land-use. Results of the Februaryand July 2015 soil, groundwater and subslab vapor assessment activities were submitted to theDSCA Program in the Updated Prioritization Assessment Report, dated September 22, 2015.
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In lieu of further groundwater assessment activities upgradient of monitoring well MW-1, fivesoil gas samples (SG-1 through SG-5) were collected in November 2015 along the southern(upgradient) property boundary to evaluate if a vapor intrusion risk existed for the adjacentresidential properties. Pertinent soil gas sample locations and analytical results are shown onFigure 5. Review of the soil gas data generated as part of the additional soil gas samplingactivities did not appear to warrant further vapor intrusion assessment. Results of the November2015 soil gas assessment activities were submitted to the DSCA Program in the Soil Gas Report,dated January 7, 2016.
AECOM also initiated a groundwater monitoring program at the site in order to demonstrateplume stability and further evaluated potential vapor intrusion risks for the south-adjacentresidential properties. Groundwater monitoring events were performed in October 2015, January2016 and April 2016. Pertinent groundwater sample locations and analytical results are shown onFigure 3. As documented in the GWMR, dated June 6, 2016, PCE concentrations identified ingroundwater beneath the site appeared to be stable, and further groundwater monitoring did notappear to be warranted.
In September 2016, AECOM completed the Level 1 Ecological Risk Assessment checklistswhich concluded that no ecological receptors within 0.5-mile of the site are likely to beimpacted. Results of the ecological risk assessment activities were submitted to DSCA in a Level1 Ecological Risk Assessment, dated September 7, 2016.
When soil, groundwater and air/vapor assessment activities were completed at the site, AECOMsubmitted a draft risk assessment in November 2016. To minimize the extent of vapor intrusionland-use controls required to manage future land-use conditions and to further evaluate potentialvapor intrusion pathways, AECOM collected two additional soil gas samples (SG-6 and SG-7)near monitoring wells MW-2 and MW-3, respectively. Pertinent soil gas sample locations andanalytical results are shown on Figure 5. The results of the additional soil gas assessmentactivities were incorporated into the Risk Assessment Report, which was approved on November29, 2016, as well as documented in the Soil Gas Report, dated December 20, 2016. As discussedin detail in Section 3.0, the risk assessment concluded that risks associated with thecontamination could be managed through implementation of site-specific land-use controls asdetailed in this RMP. Therefore, the risk assessment recommended risk-based closure for thesite. The purpose of this RMP is to ensure that the assumptions made in the risk assessmentremain valid in the future.
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4.2 Remedial Action
According to the DSCA Program’s RBCA guidance, no remedial action is necessary if thefollowing four site conditions are met:
(i) the dissolved plume is stable or decreasing;(ii) the maximum concentration within the exposure domain for every complete exposure
pathway of any contaminant of concern (COC) is less than ten times the RC of thatCOC;
(iii) adequate assurance is provided that the land-use assumptions used in the DSCAProgram’s RBCA process are not violated for current or future conditions; and,
(iv) there are no ecological concerns at the site.
The site’s compliance with the four above referenced conditions confirms that the contaminantconcentrations are not likely to pose an unacceptable risk either at present or in the future andremedial action at the site is not required. Each of these conditions and their applicability to thesubject site are summarized in the following sections.
4.2.1 Condition 1 – The dissolved plume is stable or decreasing
A total of four groundwater monitoring events (September 2014, October 2015, January 2016and April 2016) have been conducted using existing monitoring wells to document plumestability at the site. Constituents detected in groundwater samples from the site include: PCE,TCE, cis-1,2-dichloroethene (cis-1,2-DCE), vinyl chloride (VC), benzene, ethylbenzene, toluene,xylenes, acetone, chloroform and p-isopropyltoluene. PCE, TCE and VC were the onlyconstituents detected at concentrations exceeding the 2L Standard. However, URS focused onPCE as the COC for evaluation of plume stability.
AECOM prepared a GSI Environmental Inc. (GSI) Mann-Kendall Toolkit for Constituent TrendAnalysis (Mann-Kendall Analysis) over the four sampling events conducted at the site, which isincluded in Appendix A. As shown on the Mann-Kendall Analysis, PCE concentrations havebeen generally stable in monitoring well MW-1, with no increasing or decreasing trends incontaminant concentrations identified in monitoring well MW-3. Based on this data, AECOMconcluded that the size of the plume is stable and concentrations in the source area are likely toremain generally stable.
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Documentation of the plume stability evaluation, including a figure showing monitoring welllocations, a table showing historical groundwater analytical data and a concentration versus timetrend plot is included in Appendix A.
4.2.2 Condition 2 –The maximum concentration within the exposure domain for every completeexposure pathway of any COC is less than ten times the RC of that COC
Representative concentrations were not calculated as part of the risk assessment for this site.Instead, a more conservative approach was utilized by using the maximum concentration foreach COC within each exposure domain. Hence, this condition has been met for each COC andexposure pathway for the site.
4.2.3 Condition 3 – Adequate assurance is provided that the land-use assumptions used in theDSCA Program’s RBCA process are not violated for current or future conditions.
The risk assessment completed for the source property was based on current land-use conditionsbeing commercial. However, using the most conservative approach, future conditions at the sitewere considered to be residential. As discussed in Section 6.0, land-use controls will beimplemented for the site to ensure that these assumptions remain valid.
4.2.4 Condition 4 – There are no ecological concerns at the site.
AECOM completed a Level 1 Ecological Risk Assessment for the site in accordance with theDSCA Program’s RBCA guidance. The results of the evaluation indicate that the release doesnot pose an unacceptable ecological risk. The completed Level 1 Ecological Risk AssessmentChecklists A and B are attached as Appendix B.
The site’s compliance with the four above referenced conditions confirms that the contaminantconcentrations are not likely to pose an unacceptable risk either at present or in the future. Theplume is expected to naturally attenuate over time and the appropriate remedial action is toimplement appropriate land-use controls on the properties where soil and/or groundwatercontamination is present.
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5.0 DATA COLLECTED DURING RMP IMPLEMENTATION
No further sampling or other data collection activities are proposed for the site or adjacentproperties, assuming the assumptions detailed in the Notice of Dry-Cleaning SolventRemediation (NDCSR) remain valid. As such, this section is not applicable.
6.0 LAND-USE CONTROLS
As discussed in detail in Section 3.0, the recommendation for closure in the risk assessment forthe site was based on the following land-use controls to be implemented on the source property:
· A portion of the source property shall not be used for child care centers or schools, or formining or extraction of coal, oil, gas or any mineral or non-mineral substances withoutprior written approval from NCDEQ;
· No activities that encounter, expose, remove or use groundwater may occur within aportion of the source property without prior approval of NCDEQ;
· Except for routine maintenance, no construction activities or change in property use thatcause or create an unacceptable human health risk from vapor intrusion may occur withina portion of the source property without prior approval of NCDEQ;
· Structural modifications that may cause or create an increased risk from vapor intrusionmay not occur within a portion of the source property without prior approval of NCDEQ;and
· No activities that cause or create an increase in infiltration may occur in a portion of thesource property without prior approval of NCDEQ.
Institutional controls will be implemented for the source property to ensure that land-useconditions are maintained and monitored until the land-use controls are no longer required forthe site. A NDCSR was prepared for the source property to comply with the land-use controlrequirement. The NDCSR is included in Appendix C. Refer to the NDCSR for the specificlanguage to be incorporated to address each of the risk assessment assumptions.
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A plat showing the locations and types of dry-cleaning solvent impacts on the site is included asan exhibit to the NDCSR. The locations of dry-cleaning solvent impacts are where contaminantshave been detected above unrestricted use standards.
7.0 LONG-TERM STEWARDSHIP PLAN
The NDCSR contains a clause which requires the owner of the site to submit a notarized“Annual Certification of Land-Use Restrictions” to NCDEQ on an annual basis certifying thatthe NDCSR remains recorded with the Register of Deeds and that land-use restrictions (LURs)are being complied with. An example of such a certification is included in Appendix D.
8.0 RMP IMPLEMENTATION SCHEDULE
Since the groundwater plume is stable and confined to the source property and possible exposureto the contamination is managed through the NDCSR, no additional site remediation activitiesare required to implement the RMP. A 30-day public comment period will be held to allow thecommunity an opportunity to comment on this proposed strategy. Appendix E includes exampledocuments used to announce the public comment period in the local newspaper and to informlocal officials, nearby property owners, and interested parties. As such, upon completion of thepublic comment period and final approval of the RMP, the NDCSR will be filed with theMecklenburg County Register of Deeds and will complete the RMP schedule.
9.0 CRITERIA FOR DEMONSTRATING RMP SUCCESS
The RMP will be successfully implemented once the required NDCSR has been executed andrecorded with the Mecklenburg County Register of Deeds. The NDCSR, at the request of theproperty owner, may be canceled by NCDEQ after the risk to public health and the environmentassociated with the dry-cleaning solvent contamination and any other contaminants included inthe dry-cleaning solvent assessment and remediation agreement has been eliminated as a resultof remediation of the property. If NCDEQ is notified of a change in site conditions, per thenotification requirements detailed in the NDCSR, the RMP will be reviewed to determine if thesite conditions have impacted the requirements set forth in the NDCSR and if changes arerequired. Enforcement of the RMP will be maintained through receipt of the “Annual
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Certification of Land-Use Restrictions” from the property owner as part of the NDCSRrequirements.
10.0 CONTINGENCY PLAN IF RMP FAILS
As discussed above, unless the DSCA Program is notified of a change in land-use conditions atthe subject site, per the notification requirements detailed in this plan, the RMP will remain ineffect until the RMP has met its objectives and is considered a success. Pursuant to N.C.G.S.143-215.104K, if any of the LURs set out in the NDCSR are violated, the owners of theproperties at the time the LURs are violated, the owner’s successors and assigns, and the owner’sagents who direct or contract for alteration of the site in violation of the LURs, shall be heldliable for the remediation of all contaminants to unrestricted use standards.
11.0 CONCLUSIONS AND RECOMMENDATIONS
AECOM has prepared this RMP for the Former Sno-White Launderers site on behalf of theDSCA Program. The results of the risk assessment completed for the site indicate thatcontaminant concentrations do not pose an unacceptable risk. The contaminant plume associatedwith the site appears generally stable or decreasing. This RMP specifies that the NDCSRrequirements provide notification that land-use conditions observed during the risk assessmentevaluation remain valid in the future. Based on the documentation contained in this report,AECOM recommends issuance of a “No Further Action” letter.
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ly
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AECOM TECHNICAL SERVICESOF NORTH CAROLINA, INC.5925 CARNEGIE BOULEVARD, SUITE 370
Possible footprint of former Sno-White Launderers operations
Edwards Branch Creek (Culverted) Source: Mecklenburg County GIS
The September 2014, October 2015, January 2016 and April 2016 Groundwater sampling events were used as part of this Risk Assessment.
COCs used in Risk Assessment Model include:Exposure Unit #1: PCE,TCE, cis-1,2-DCE, TolueneExposure Unit #2: PCE, TCE, cis-1,2-DCE, VC,Toluene, Benzene, Ethylbenzene, Xylenes (Total)
Possible footprint of former Sno-White Launderers operations
Infiltrate Cover Area where Soil PCEExceeds Calculated SSTL of 2.87 mg/kg
Soil Infiltrate Cover MapSno-White Launderers
3712 East Independence BlvdCharlotte, NC
DSCA Site # DC600085
SB -13 (1-2’) (2/3/15)PCE - 0.013 mg/kg
SB -12 (2-3’) (2/3/15)PCE - 0.0088 mg/kg
SB -12 (4-5’) (2/3/15)PCE - 0.006 mg/kg
SB-11 (0.6-1’) (2/3/15)PCE - 0.028 mg/kg
SB-11 (5-6’) (2/3/15)PCE - 0.0062 mg/kg
The March 2014, Febuaray 2015, and September 2014 soil sampling events were used as part of this Risk Assessment.
COCs used in Risk Assessment Model include:Exposure Unit #1: PCE,TCE, cis-1,2-DCE, 1,2 Dichlorobenzene
Red highlighted text indicates concentrations used in DSCA Risk Assessment Model.
APPROX. SCALE, ft.
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LEGEND
Monitoring Well Location
Assuming current conditions, the levels of carcinogenicrisk and hazard index are acceptable for commercialuse. However, vapor intrusion land use restrictionsshould be implemented as the levels of carcinogenicrisk and hazard index are not acceptable for futurecommercial and/or residential use due to exceedencesof the indoor air exposure pathway.
As groundwater contaminant concentrations above the NC DEQ 2L Groundwater Standards are present beneath the property, land use controls should be implemented preventing the installation of a water supply well.
APPENDIX A
DOCUMENTATION OF PLUME STABILITY EVALUATION
APPROX. SCALE, ft.
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ATT. 4SHEET:
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MW-2
MW-3MW-4
MW-5
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LEGEND
Monitoring Well Location & Identification MW-1
Edwards Branch Creek (Culverted) Source: Mecklenburg County GIS
Possible footprint of former Sno-White Launderers operations
Coefficient of Variation: 0.15 0.21Mann-Kendall Statistic (S): -2 1
Confidence Factor: 62.5% 50.0%
Concentration Trend: Stable No Trend
Notes:
1. At least four independent sampling events per well are required for calculating the trend. Methodology is valid for 4 to 40 samples.
2. Confidence in Trend = Confidence (in percent) that constituent concentration is increasing (S>0) or decreasing (S<0): >95% = Increasing or Decreasing;
≥ 90% = Probably Increasing or Probably Decreasing; < 90% and S>0 = No Trend; < 90%, S≤0, and COV ≥ 1 = No Trend; < 90% and COV < 1 = Stable.
3. Methodology based on "MAROS: A Decision Support System for Optimizing Monitoring Plans", J.J. Aziz, M. Ling, H.S. Rifai, C.J. Newell, and J.R. Gonzales,
Ground Water , 41(3):355-367, 2003.
DISCLAIMER: The GSI Mann-Kendall Toolkit is available "as is". Considerable care has been exercised in preparing this software product; however, no party, including without
limitation GSI Environmental Inc., makes any representation or warranty regarding the accuracy, correctness, or completeness of the information contained herein, and no such
party shall be liable for any direct, indirect, consequential, incidental or other damages resulting from the use of this product or the information contained herein. Information in
this publication is subject to change without notice. GSI Environmental Inc., disclaims any responsibility or obligation to update the information contained herein.GSI Environmental Inc., www.gsi-net.com
Coefficient of Variation: 0.39 0.27Mann-Kendall Statistic (S): -6 0
Confidence Factor: 95.8% 37.5%
Concentration Trend: Decreasing Stable
Notes:
1. At least four independent sampling events per well are required for calculating the trend. Methodology is valid for 4 to 40 samples.
2. Confidence in Trend = Confidence (in percent) that constituent concentration is increasing (S>0) or decreasing (S<0): >95% = Increasing or Decreasing;
≥ 90% = Probably Increasing or Probably Decreasing; < 90% and S>0 = No Trend; < 90%, S≤0, and COV ≥ 1 = No Trend; < 90% and COV < 1 = Stable.
3. Methodology based on "MAROS: A Decision Support System for Optimizing Monitoring Plans", J.J. Aziz, M. Ling, H.S. Rifai, C.J. Newell, and J.R. Gonzales,
Ground Water , 41(3):355-367, 2003.
DISCLAIMER: The GSI Mann-Kendall Toolkit is available "as is". Considerable care has been exercised in preparing this software product; however, no party, including without
limitation GSI Environmental Inc., makes any representation or warranty regarding the accuracy, correctness, or completeness of the information contained herein, and no such
party shall be liable for any direct, indirect, consequential, incidental or other damages resulting from the use of this product or the information contained herein. Information in
this publication is subject to change without notice. GSI Environmental Inc., disclaims any responsibility or obligation to update the information contained herein.
URS Corporation – North Carolina6000 Fairview Road, Suite 200Charlotte, North Carolina 28210(704) 522-0330 Phone(704) 522-0063 Fax
September 7, 2016
North Carolina Department of Environmental QualityDivision of Waste Management – DSCA Program1646 Mail Service CenterRaleigh, North Carolina 27699-1646
Att: Mr. Patrick WattersDSCA Project Manager
Re: Level 1 Ecological Risk AssessmentSno-White Launderers, DSCA Site ID DC6000853712 East Independence BoulevardCharlotte, Mecklenburg County, North CarolinaURS-NC Project Number 60515542
Dear Mr. Patrick Watters:
URS Corporation – North Carolina (URS) is pleased to present the findings of the Level 1Ecological Risk Assessment (Eco Risk Assessment) for the former Sno-White Launderersfacility (site) located at 3712 E. Independence Boulevard in Charlotte, Mecklenburg County,North Carolina to the North Carolina Department of Environmental Quality (NCDEQ) Dry-Cleaning Solvent Cleanup Act (DSCA) Program. The Eco Risk Assessment was completed inaccordance with the applicable DSCA Program guidance for assessment of potential ecologicalreceptors. If you have any questions or require additional information, please do not hesitate tocontact us at 704-522-0330.
Sincerely,
URS CORPORATION-NORTH CAROLINA
Dhara Trivedi Robert H. MacWilliams, PGProject Manager Program Manager
Attachmentcc: Project File (hard copy)
Page 1 of 3
Level 1 Ecological Risk AssessmentChecklist A for Potential Receptors and HabitatsSno-White Launderers, DSCA Site ID DC600085
1. Are there any navigable water bodies or tributaries to a navigable water body on orwithin the one-half mile of this site? Yes. Based on URS’ review of the United StatesGeological Survey (USGS) Topographic Map of Charlotte East, North Carolina dated2013, Edwards Branch and tributaries thereof were identified within a one-half mileradius of the Sno-White Launderers dry cleaning facility located at 3712 EastIndependence Boulevard, Mecklenburg County, Charlotte, North Carolina (site). Thesurface water features within one-half mile of the site are attached to this report as Figure1. As evident on Figure 1 and as defined in the Prioritization Assessment Report (PAR)submitted by URS on November 21, 2014, Edwards Branch runs directly under the sitelocation but it is enclosed in the culvert and does not daylight until approximately 2,600feet west of the site. Edwards Branch and tributaries thereof are considered navigable.
2. Are there any water bodies anywhere on or within the one-half mile of the site?Yes. The above referenced Edwards Branch and tributaries thereof are located within aone-half mile radius of the site.
3. Are there any wetland areas such as marshes or swamps on or within one-half mileof the site? Yes. According to the Environmental Data Resources, Inc. (EDR)NEPACheck® report, the National Wetland Inventory (NWI) identified two wetlandfeatures within a one-half mile radius of the site. The off-site wetland features included:
· PUBHx - [P] Palustrine, [UB] Unconsolidated Bottom, [H] Permanently Flooded,[x] Excavated located approximately 2,276 feet south-southeast; and
· PSS1Ch - [P] Palustrine, [SS] Scrub Shrub, [1] Broad-Leaved Deciduous, [C]Sesonally Flooded, [h] Diked/Impounded located approximately 2,472 feet west-southwest.
4. Are there any sensitive environmental areas on or within one-half mile of the site?Yes. In addition to the above referenced surface water bodies, their tributaries and theidentified national wetland features, a state natural area (Evergreen Natural Preserve) islocated approximately 1,819 feet northeast of the site, and a North Carolina HistoricalSite (NCHS), the Hudson Silk Hosiery Co., is located approximately 1,809 feet south-southwest of the site.
5. Are there any areas on or within one-half mile of the site owned or used by localtribes? No. None were identified by the Indian Reservation Database.
6. Are there any habitats, foraging areas or refuges by rare, threatened, endangered,candidate and/or proposed species (plants or animals), or any otherwise protectedspecies on or within one-half mile of the site? Yes. According to the EDRNEPACheck® Report, a state natural area is located approximately 1,819 feet northeastof the site. The EDR NEPACheck® report identified four endangered species and two
Page 2 of 3
species of concern within Mecklenburg County: 1) the Carolina heelsplitter (clams); 2)Michaux’s sumac (flowering plant); 3) Tall larkspur (flowering plant); 4) Schweinitz’ssunflower (flowering plant); 5) Smooth coneflower (flowering plant); and 6) the littlebrown bat (mammal). In addition, the US Fish and Wildlife Service (FWS) also identifiedone threatened species, seven federal species of concern (FSCs), and one Bald andGolden Eagle Protection Act (BGPA).(https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html). The Northern long-eared bat (vertebrate) is listed as threatened; and the American eel (vertebrate); theCarolina darter (vertebrate); the Carolina creekshell (invertebrate); the Dwarf aster(vascular plant); Prairie birdsfoot-trefoil (vascular plant); Shoals spiderlily (vascularplant) and the Tall larkspur (vascular plant) are listed as FSCs. Additionally, the Baldeagle is listed as inclusion in the BGPA. However, none of these species havespecifically been identified at or within one-half mile of the site. Although an endangeredvascular plant was historically identified at the site, the accuracy of this listing is notreported and the likelihood of this species thriving at the site is low given the current useof the property.
7. Are there any breeding, roosting or feeding areas by migratory bird species on orwithin one-half mile of the site? Potentially. Although the North Carolina AudubonSociety (http://netapp.audubon.org/iba/state/US-NC) does not identify any ImportantBird Areas (IBAs) within one-half mile of the site; one BGPA was identified inMecklenburg County by the U.S. FWS. However, no BGPA’s have specifically beenidentified within one-half mile of the site.
8. Are there any ecologically, recreationally or commercially important species on orwithin one-half mile of the site? No. Six endangered species, one threatened species,seven FSCs, and one BGPA were identified in Mecklenburg County by the EDRNEPACheck® Report or the US FWS. However, none of these species have specificallybeen identified at or within one-half mile of the site.
Are there any threatened and/or endangered species (plant or animal) on or withinone-half mile of the site? Yes. According to the EDR NEPACheck® Report, a statenatural area is located approximately 1,819 feet northeast of the site. The EDRNEPACheck® Report also identified six endangered or threatened species withinMecklenburg County: 1) the Carolina heelsplitter (clams); 2) Michaux’s sumac(flowering plant); 3) Tall larkspur (flowering plant); 4) Schweinitz’s sunflower(flowering plant); 5) Smooth coneflower (flowering plant); and 6) the little brown bat(mammal). In addition, the US FWS identified the following: one threatened species;seven federal FSCs; and one BGPA.(https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html). The Northern long-eared bat (vertebrate) is listed as threatened; and the American eel (vertebrate); theCarolina darter (vertebrate); the Carolina creekshell (invertebrate); the Dwarf aster(vascular plant); Prairie birdsfoot-trefoil (vascular plant); Shoals spiderlily (vascularplant) and the Tall larkspur (vascular plant) are listed as FSCs. Additionally, the Baldeagle is listed as inclusion in the BGPA. However, none of these species havespecifically been identified at or within one-half mile of the site. Although an endangeredvascular plant was historically identified at the site, the accuracy of this listing is not
Page 3 of 3
reported and the likelihood of this species thriving at the site is low given the current useof the property.
If the answer is “Yes” to any of the above questions, then complete Level 1 Ecological RiskAssessment, Checklist B for Potential Exposure Pathways._________________________
Wetlands are defined in 40 CFR §232.2 as “areas inundated or saturated by surface or groundwater at a frequency andduration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typicallyadapted for life in saturated soil conditions.” The sources to make the determination whether or not wetland areas arepresent may include, but not limited to, national wetland inventory available at http://nwi.fw.gov, federal or state agency,and USGS topographic maps. Areas that provide unique and often protected habitat for wildlife species. These areastypically used during critical life stages such as breeding, rearing or young and overwintering. Refer to Attachment 1 forexamples of sensitive environments. Ecologically important species include populations of species which provide a criticalfood resource for higher organisms. Ecologically important species include pest an opportunistic species that populate anarea if they serve as a food source for other species, but do not include domesticated animals or plants/animals whoseexistence is maintained by continuous human interventions.March 2007 DSCA Program
Page 1 of 2
Level 1 Ecological Risk AssessmentChecklist B for Potential Receptors and HabitatsSno-White Launderers, DSCA Site ID DC600085
1A. Can chemicals associated with the site leach, dissolve, or otherwise migrate togroundwater? Yes. The primary chemical of concern (COC) is tetrachloroethene (PCE)and its daughter products: trichloroethene (TCE), cis-1,2-dichloroethene (cis-1,2-DCE,trans-1,2-dichloroethene (trans-1,2-DCE) and vinyl chloride (VC).
1B. Are chemicals associated with the site mobile in groundwater? Yes.1C. Does groundwater from the site discharge to ecological receptor habitat?
Potentially. Groundwater beneath the site was interpreted to be flowing to the westtowards Edwards Branch. As such, the shortest downgradient distance from thesoil/groundwater source area to the nearest receptor and/or point of exposure (POE) islikely Edwards Branch, located approximately 2,600 feet west of the site.Question 1. Could chemicals associated with the site reach ecological receptorsthrough groundwater? Potentially. The groundwater flow direction beneath the site isinterpreted to be to the west towards Edwards Creek. Groundwater assessment activitiescompleted to date have identified impacted groundwater beneath the site. However, theidentified groundwater impacts appear to be horizontally defined in the direction ofgroundwater flow, as well as confined to the site. Given the distance to the receptor(s)and/or POE, surface water impacts from groundwater discharge are not a concern.
2A. Are chemicals present in surface soils on the site? Yes. COCs have been detected atthe site in surface soil samples collected from 0-6 feet below ground surface (bgs).However, soil samples were collected from onsite locations capped by impervioussurfaces (i.e. asphalt and/or concrete).
2B. Can chemicals be leached from or be transported by erosion of surface soils on thesite? No. To date, the surface soil impacts have only been identified under impervioussurfaces at the site.Question 2. Could chemicals associated with the site reach ecological receptorsthrough runoff or erosion? Not likely. To date, the only impacted areas of the site havebeen identified under impervious surfaces.
3A. Are chemicals present in surface soil or on the surface of the ground? Yes.3B. Are potential ecological receptors on the site? No.
Question 3. Could chemicals associated with the site reach ecological receptorsthrough direct contact? No. To date, the surface soil impacts have only been identifiedunder impervious surfaces at the site.
4A. Are chemicals on the site volatile? Yes.4B. Could chemicals on the site be transported in air as dust or particulate matter? Not
likely. To date, the only impacted areas of the site have been identified under impervioussurfaces.Question 4. Could chemicals associated with the site reach ecological receptorsthrough inhalation of volatilized chemicals or adhered chemicals to dust in ambient
Page 2 of 2
air or in subsurface burrows? Yes. The potential exists for PCE to reach ecologicalreceptors through off-gassing from soil and/or groundwater. However, the surface soilimpacts have only been identified under impervious surfaces and no burrowing animalshave been observed or would be expected beneath the impervious surfaces at the site. Inaddition, review of site analytical data from soil gas samples collected on November 5,2015 and November 24, 2015 do not warrant further assessment of potential vaporintrusion pathways at this time. The soil gas sampling results were documented in the theDSCA Soil Gas Risk Calculators submitted in the Soil Gas Report dated January 7, 2016.
5A. Is Non-Aqueous Phase Liquid (NAPL) present at the site? No.5B. Is NAPL migrating? No.5C. Could NAPL discharge occur where ecological receptors are found? No.
Question 5. Could chemicals associated with site reach ecological receptorsthrough migration of NAPL? No.
6A. Are chemicals present in surface and shallow subsurface soils or on the surface ofthe ground? Yes. Chemicals have been identified at 0-6 feet bgs beneath impervioussurfaces at the site.
6B. Are chemicals found in soil on the site taken up by plants growing on the site? Notlikely. Vegetative growth was not observed in the area of the identified source area, andsurface soil impacts were only identified under the impervious surface at the site.
6C. Do potential ecological receptors on or near the site feed on plants (e.g., grasses,shrubs, forbs, trees, etc.) found on the site? None have been specifically identified.Furthermore, vegetative growth was not observed in the area of the identified source area,and surface soil impacts were only identified under the impervious surface at the site.
6D. Do chemicals found on the site bioaccumulate? No. The primary COC is PCE, whichhas a low bioaccumulation potential and is not likely to accumulate in the tissue oforganisms through respiration, ingestion, or direct contact.Question 6. Could chemicals associated with the site reach ecological receptorsthrough direct ingestion of soil, plants animals or contaminants? Not likely. As soilimpacts have only been identified beneath impervious surfaces, the potential for directingestion is not a concern.
If the answer to one or more of the above six questions is “Yes”, the NCDEQ may requirefurther assessment to determine whether the site poses an unacceptable risk to ecologicalreceptors.
March 2007 DSCA Program
APPENDIX C
NOTICE OF DRY CLEANING SOLVENT REMEDIATION (NDCSR)FOR THE SOURCE PROPERTY
(Manchester NC Coliseum LLC, PIN 16101237)
NOTICE OF DRY-CLEANING SOLVENT REMEDIATION
Property Owner: Manchester NC Coliseum LLCRecorded in Book _______, Page ________Associated plat recorded in Plat Book _______, Page _______
This documentary component of a Notice of Dry-Cleaning Solvent Remediation(hereinafter “Notice”) is hereby recorded on this ____ day of ___________, 20____ byManchester NC Coliseum LLC (hereinafter “Property Owner”). The survey plat component ofthe Notice is being recorded concurrently with this documentary component. The real property(hereinafter “Property”) which is the subject of this Notice is located at Parcel IdentificationNumber (PIN) 16101237, Charlotte, North Carolina.
The portion of the Property contaminated with dry-cleaning solvent (Area “A”), asdefined at North Carolina General Statutes (hereinafter “N.C.G.S.”), Section (hereinafter “§”)143-215.104B(b)(9) and other contaminants, and is the portion of the parcel that makes up thedry-cleaning solvent contamination site (hereinafter “Contamination Site”). This Notice hasbeen approved by the North Carolina Department of Environmental Quality, or its successor infunction (hereinafter “DEQ”) under the authority of the Dry-Cleaning Solvent Cleanup Act of1997, as amended, N.C.G.S. § 143-215.104A et seq. (hereinafter “DSCA”), and is required to befiled in the Register of Deeds' Office in the county or counties in which the land is located,pursuant to NCGS § 143-215.104M. A Notice will be recorded separately in each chain of titleof the Contamination Site.
Soil and groundwater within Area “A” of the Property are contaminated with dry-cleaning solvents associated with dry-cleaning operations at the Former Sno-white Launderers(DSCA Site DC600085) previously located at 3712 East Independence Boulevard, Charlotte,North Carolina. Dry-cleaning operations were conducted at that Property address fromapproximately 1969 to 1994.
Pursuant to N.C.G.S. § 143-215.104M, this Notice is being filed in order to reduce oreliminate the danger to public health or the environment posed by Area “A” of the Property.Attached hereto as Exhibit A is a reduction, to 8.5" x 14", of the survey plat component of theNotice required by N.C.G.S. § 143-215.104M. The survey plat has been prepared and certifiedby a professional land surveyor and meets the requirements of G.S. 47-30, and contains thefollowing information required by N.C.G.S. § 143-215.104M:
(1) A description of the location and dimensions of the areas of potential environmentalconcern (Area “A”, Area “B” and Area “C”) with respect to permanently surveyed benchmarks;and
(2) The type, location and quantity of regulated dry-cleaning solvent contamination andother contaminants known to exist on the Property.
Attached hereto as Exhibit B, is a legal description of the Property, as well as legaldescriptions for the areas of potential environmental concern (Area “A”, Area “B” and Area“C”), that would be sufficient as a description in an instrument of conveyance.
Pursuant to NCGS § 143-215.104M, a certified copy of this Notice must be filed within15 days of receipt of DEQ's approval of the Notice or the effective date of the dry-cleaningsolvent remediation agreement, whichever is later. Pursuant to NCGS § 143-215.104M, the copyof the Notice certified by DEQ must be recorded in the grantor index under the names of theowners of the land.
LAND-USE RESTRICTIONS
NCGS § 143-215.104M requires that the Notice identify any restrictions on the current andfuture use of the Contamination Site that are necessary or useful to maintain the level ofprotection appropriate for the designated current or future use of the Contamination Site and thatare designated in the dry-cleaning remediation agreement. The restrictions shall remain in forcein perpetuity unless canceled by the Secretary of DEQ, or his/her designee, after the hazardshave been eliminated, pursuant to NCGS §143-215.104M. Those restrictions are hereby imposedon the Contamination Site, and are as follows:
The following restrictions apply only to the portion of the Property identified as ContaminationSite or Area “A” as shown on the survey plat attached as Exhibit A:
1. Without prior written approval from DEQ, the Property shall not be used for:
a. child care centers or schools; orb. mining or extraction of coal, oil, gas or any mineral or non-mineral substances.
2. No activities that encounter, expose, remove or use groundwater (for example,installation of water supply wells, fountains, ponds, lakes or swimming pools that usegroundwater, or construction or excavation activities that encounter or exposegroundwater) may occur on the Contamination Site without prior approval of DEQ.
3. In January of each year, on or before January 31st, the owner of any portion of theContamination Site shall submit a notarized Annual Certification of Land-UseRestrictions to DEQ certifying that this Notice remains recorded at the Register of Deeds’office, and that the land-use restrictions are being complied with.
4. No person conducting environmental assessment or remediation at the Property orinvolved in determining compliance with applicable land-use restrictions, at the directionof, or pursuant to a permit or order issued by DEQ may be denied access to the Propertyfor the purpose of conducting such activities.
5. The owner of any portion of the Contamination Site shall cause the instrument of anysale, lease, grant, or other transfer of any interest in the property to include a provisionexpressly requiring the lessee, grantee, or transferee to comply with this Notice. Thefailure to include such a provision shall not affect the validity or applicability of anyland-use restriction in this Notice.
In addition to restrictions 1 through 5 above, restrictions 6 and 7 below also apply to the portionof the Contamination Site identified as Area “B” as shown on the survey plat attached as ExhibitA:
6. Except for routine maintenance, no construction activities or change in property use thatcause or create an unacceptable human health risk from vapor intrusion may occur withinArea “B” without prior approval of DEQ. These activities include but are not limited to:construction of new buildings, removal and construction of part of a building,construction of sub-grade structures that encounter contaminated soil or places buildingusers in close proximity to contaminated groundwater, change from non-residential toresidential property, change in tenant space usage, and addition of residential propertyuse on higher floors.
7. Structural modifications that may cause or create an increased risk from vapor intrusionin Area “B” require the property owner to demonstrate to the satisfaction of DEQ that theindoor air in the structure does not pose an unacceptable risk to the occupants followingmodifications. These modifications include but are not limited to: modification orreplacement of heating, ventilation or air conditioning (HVAC) systems, removal orreplacement of the building slab, installation of multiple conduits or piping through thebuilding slab, modifications to building walls or ceilings that may change air flow.
In addition to restrictions 1 through 7 above, restriction 8 below also applies to the portion of theContamination Site identified as Area “C” as shown on the survey plat attached as Exhibit A:
8. No activities that cause or create an increase in infiltration (for example, removal ordemolition of materials such as asphalt, concrete, buildings, or other structures that bytheir use and nature minimize infiltration of rain or water runoff into potentiallycontaminated soil) may occur in Area “C” of the Contamination Site, as shown onExhibit A, without prior approval of DEQ.
EASEMENT (RIGHT OF ENTRY)
The Property Owner grants and conveys to DEQ, its agents, contractors, and employees,and any person performing pollution remediation activities under the direction of DEQ, access atreasonable times and under reasonable security requirements to the Property to determine andmonitor compliance with the land-use restrictions set forth in this Notice. Such investigationsand actions are necessary by DEQ to ensure that use, occupancy, and activities of and at theProperty are consistent with the land-use restrictions and to ensure that the structural integrityand continued effectiveness of any engineering controls (if appropriate) described in the Notice
are maintained. Whenever possible, at least 48 hours advance notice will be given to the PropertyOwner prior to entry. Advance notice may not always be possible due to conditions such asresponse time to complaints and emergency situations.
REPRESENTATIONS AND WARRANTIES
The Property Owner hereby represents and warrants to the other signatories hereto:
i) that the Property Owner is the sole owner of the Property; or that the Property Owner hasprovided to DEQ the names of all other persons that own an interest in or hold anencumbrance on the Property and have notified such persons of the Property Owner’sintention to enter into this Notice;
ii) that the Property Owner has the power and authority to enter into this Notice, to grant therights and interests herein provided and to carry out all obligations hereunder; and
iii) that this Notice will not materially violate or contravene or constitute a material defaultunder any other agreement, document or instrument to which the Property Owner is aparty or by which the Property Owner may be bound or affected.
ENFORCEMENT
The above land-use restrictions shall be enforceable without regard to lack of privity ofestate or contract, lack of benefit to particular land, or lack of any property interest in particularland. The land-use restrictions shall be enforced by any Property Owner of the ContaminationSite. The land-use restrictions may also be enforced by DEQ through the remedies provided inNCGS § 143-215.104P or by means of a civil action; by any unit of local government havingjurisdiction over any part of the Contamination Site; and by any person eligible for liabilityprotection under the DSCA who will lose liability protection if the restrictions are violated. Anyattempt to cancel any or all of this Declaration without the approval of the Secretary of DEQ (orits successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the fullextent of the law. Failure by any party required-or authorized to enforce any of the aboverestrictions shall in no event be deemed a waiver of the right to do so thereafter as to the sameviolation or as to one occurring prior or subsequent thereto.
If a land-use restriction set out in this Notice required under NCGS § 143-215.104.M isviolated, the owner of the Property at the time the land-use restriction is violated, the owner’ssuccessors and assigns, and the owner’s agents who direct or contract for alteration of thecontamination site in violation of a land-use restriction shall be liable for remediation of allcontaminants to unrestricted use standards.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Contamination Site subject to this Notice is sold, leased,conveyed or transferred, the deed or other instrument of transfer shall contain in the descriptionsection, in no smaller type than that used in the body of the deed or instrument, (1) a statementthat the property has been contaminated with dry-cleaning solvent and, if appropriate, cleaned upunder the Act and (2) a reference by book and page to the recordation of this Notice.
The Property Owner shall notify DEQ within fourteen (14) calendar days of the effectivedate of any conveyance, grant, gift, or other transfer, whole or in part, of the Property Owner’sinterest in the Property. This notification shall include the name, business address and phonenumber of the transferee and the expected date of transfer.
The Property Owner shall notify DEQ within thirty (30) days following the petitioning orfiling of any document by any person initiating a rezoning of the Property that would change thebase zone of the Property.
This provision shall not apply to leases that do not provide for the right to take actionsthat would violate the prohibitions and restrictions of this Notice.
PROPERTY OWNER SIGNATURE
IN WITNESS WHEREOF, Property Owner has caused this instrument to be duly executed this___ day of _____________, 20___.
Manchester NC Coliseum LLC
By:_______________________________
Name of contact
STATE OF _______________________COUNTY OF ____________________
I, ____________________________________, a Notary Public of the county and stateaforesaid, certify that ________________ personally came before me this day and acknowledgedthat he/she is a Member of Manchester NC Coliseum LLC, and that by authority duly given andas the act of the company, the foregoing Notice of Dry-Cleaning Solvent Remediation wassigned in its name by him.
WITNESS my hand and official stamp or seal, this ___ day of _________, 20___.
_________________________________________Name typed or printedNotary Public
My Commission expires: ___________________[Stamp/Seal]
APPROVAL AND CERTIFICATIONThe foregoing Notice of Dry-Cleaning Solvent Remediation is hereby approved and certified.
North Carolina Department of Environmental Quality
By: ________________________________________________ __________________Jim Bateson, LG DateChief, Superfund SectionDivision of Waste Management
LIMITED POWER OF ATTORNEY
I _________________________________________“Property Owner”, do hereby grant alimited power of attorney to DEQ and to DEQ’s independent contractors, as follows:
DEQ and DEQ’s independent contractors shall have the limited power of attorney torecord this Notice, including its documentary and survey plat components, in accordancewith N.C.G.S. § 143-215.104M on my “Property Owner” behalf. This limited power ofattorney shall terminate upon completion of the recordation of the Notice.
Signature of Property Owner ______________________________________________________
Dated this _____day of __________________, 20___.
STATE OF _______________________COUNTY OF ____________________
I, ____________________________________________, a Notary Public, do hereby certify that_________________________________________ personally appeared before me this day andsigned this “Limited Power of Attorney”.
WITNESS my hand and official stamp or seal, this ___ day of _________, 20___.
_________________________________________Name typed or printedNotary Public
My Commission expires: ___________________[Stamp/Seal]
CERTIFICATION OF REGISTER OF DEEDS
The foregoing documentary component of the Notice of Dry-Cleaning SolventRemediation, and the associated plat, are certified to be duly recorded at the date and time, and inthe Book and on the Page(s), shown on the first page hereof.
Register of Deeds for Mecklenburg County
By: ________________________________________ _______________________(signature) Date
Name typed or printed: ___________________________Deputy/Assistant Register of Deeds
BEGINNING AT A NAIL FOUND IN THE SOUTHERLYMARGIN OF EAST INDEPENDENCE BLVD., A VARIABLE PUBLIC RIGHT OF WAY PER DB. 13833 PG. 300 ASRECORDED IN THE MECKLENBURG COUNTY REGISTER OF DEEDS. THENCE FROM THE POINT OFBEGINNING AND ALONG SAID SOUTHERLY MARGIN THE FOLLOWING TWELVE (12) CALLS: 1)S82°32'30"E A DISTANCE OF 138.83' TO A MONUMENT FOUND; 2) S 24°08'04" E A DISTANCE OF 66.91'TO A NAIL FOUND; 3) N 73°23'14" E A DISTANCE OF 41.65' TO A MONUMENT FOUND; 4) N 07°24'58" E ADISTANCE OF 29.99' TO A MONUMENT FOUND; 5) S 82°31'56" E A DISTANCE OF 321.12' TO A PONT; 6)S12°58'32"E A DISTANCE OF 43.36' TO A POINT; 7) N 76°17'12" E A DISTANCE OF 66.78' TO A POINT; 8) S82°28'49" E A DISTANCE OF 301.66' TO A NAIL FOUND; 9) N 07°31'10" E A DISTANCE OF 16.77' TO A NAILFOUND; 10) S 82°31'56" E A DISTANCE OF 529.78' TO A NAIL FOUND; 11) N 63°46'36" E A DISTANCE OF18.04' TO A NAIL FOUND; 12) S 82°38'15" E A DISTANCE OF 189.21' TO A #4 REBAR FOUND. THENCELEAVING SAID SOUTHERLY MARGIN AND ALONG THE COMMON LINE OF THE PROPERTY OWNED BYMANCHESTER NC COLISEUM LLC AS RECORDED IN DB. 30720, PG. 236 (HEREINAFTER REFERRED TO ASTHE SUBJECT PROPERTY) AND THE PROPERTY OWNED BY WAL-MART STORES EAST LP AS RECORDED INDB. 25031, PG. 611 IN AFORESAID PUBLIC REGISTRY S 07°26'38" W A DISTANCE OF 503.52' TO A #4REBAR FOUND. THENCE LEAVING SAID COMMON LINE N 83°26'52" W A DISTANCE OF 1535.85' TO A #4REBAR FOUND AT THE COMMON CORNER OF THE SUBJECT PROPERTY AND THE PROPERTY OWNED BYJOHN M. OGLESBY JR. AS RECORDED IN DB. 12731, PG. 314 IN AFORESAID PUBLIC REGISTRY. THENCELEAVING SAID COMMON CORNER N 04°22'30" W A DISTANCE OF 539.17', PASSING A 1" REBAR FOUNDAT 180.34' AND 297.38' TO THE POINT AND PLACE OF BEGINNING, HAVING AN AREA OF 18.328 ACRES,MORE OR LESS.
LEGAL DESCRIPTIONAREA “A”
SNO-WHITE CLEANERSINDEPENDENCE BOULEVARD
CHARLOTTE, NC
BEGINNING at a nail found in the southerly right-of-way line of Independence Boulevard at acommon corner of Parcel No. 161-012-37, now or formerly, owned by Manchester NC ColiseumLLC by deed of record in Deed Book 30720, Page 236 and Parcel No. 161-012-01, now orformerly, owned by Albert Shickery & Geraldine Fadel by deed of record in Deed Book 1785,Page 531.
Thence the following ten (10) courses and distances long the southerly right-of-way line ofIndependence Boulevard and northerly lines of said Parcel No. 161-012-37;
1. Thence S 82°32'30" E, a distance of 138.83', to a point;2. Thence S 24°08'04" E, a distance of 66.91', to a point;3. Thence N 73°23'14" E, a distance of 41.65', to a point;4. Thence N 07°24'58" E, a distance of 29.99', to a point;5. Thence S 82°31'56" E, a distance of 321.12', to a point;6. Thence S 12°58'32" E, a distance of 43.36', to a point;7. Thence N 76°17'12" E, a distance of 66.78’, to a point;8. Thence S 82°28'49" E, a distance of 301.66’, to a point;9. Thence N 07°31'10" E, a distance of 16.77', to a point;10. Thence S 82°28'58" E, a distance of 313.14’, to a point;
Thence S 06°01'47" W, a distance of 499.58' across said Parcel No. 161-012-37, to a point inthe southerly line of said Parcel No. 161-012-37;
Thence N 83°26'52" W, a distance of 1127.27', along the southerly line of said Parcel No. 161-012-37, to a #4 rebar found at the southwesterly corner of said Parcel No. 161-012-37;
Thence N 04°22'30" W, a distance of 539.17', along the westerly line of said Parcel No. 161-012-37, to the POINT OF BEGINNING.
Containing an area of 13.555 acres, more or less.
LEGAL DESCRIPTIONAREA “B”
SNO-WHITE CLEANERSINDEPENDENCE BOULEVARD
CHARLOTTE, NC
Beginning for Reference at a nail found in the southerly right-of-way line of IndependenceBoulevard at a common corner of Parcel No. 161-012-37, now or formerly, owned byManchester NC Coliseum LLC by deed of record in Deed Book 30720, Page 236 and ParcelNo. 161-012-01, now or formerly, owned by Albert Shickery & Geraldine Fadel by deed ofrecord in Deed Book 1785, Page 531.
Thence the following ten (10) courses and distances long the southerly right-of-way line ofIndependence Boulevard and northerly lines of said Parcel No. 161-012-37;
1. Thence S 82°32'30" E, a distance of 138.83', to a point;2. Thence S 24°08'04" E, a distance of 66.91', to a point;3. Thence N 73°23'14" E, a distance of 41.65', to a point;4. Thence N 07°24'58" E, a distance of 29.99', to a point;5. Thence S 82°31'56" E, a distance of 321.12', to a point;6. Thence S 12°58'32" E, a distance of 43.36', to a point;7. Thence N 76°17'12" E, a distance of 66.78’, to a point;8. Thence S 82°28'49" E, a distance of 301.66’, to a point;9. Thence N 07°31'10" E, a distance of 16.77', to a point;10. Thence S 82°28'58" E, a distance of 120.33’, to a point;
Thence S 07°31'02" W, a distance of 297.69', across said Parcel No. 161-012-37, to a point;being the TRUE POINT OF BEGINNING;
Thence continuing across said Parcel No. 161-012-37, the following four (4) courses anddistances:
1. Thence S 07°23’26” W, a distance of 122.84’, to a point;2. Thence N 82°36’34” W, a distance of 92.36’, to a point;3. Thence N 07°23’26” E, a distance of 122.84’, to a point;4. Thence S 82°36’34” E, a distance of 92.36’ to the TRUE POINT OF BEGINNING.
Containing an area of 0.260 acres, more or less.
LEGAL DESCRIPTIONAREA “C”
SNO-WHITE CLEANERSINDEPENDENCE BOULEVARD
CHARLOTTE, NC
Beginning for Reference at a nail found in the southerly right-of-way line of IndependenceBoulevard at a common corner of Parcel No. 161-012-37, now or formerly, owned byManchester NC Coliseum LLC by deed of record in Deed Book 30720, Page 236 and ParcelNo. 161-012-01, now or formerly, owned by Albert Shickery & Geraldine Fadel by deed ofrecord in Deed Book 1785, Page 531.
Thence the following ten (10) courses and distances long the southerly right-of-way line ofIndependence Boulevard and northerly lines of said Parcel No. 161-012-37;
1. Thence S 82°32'30" E, a distance of 138.83', to a point;2. Thence S 24°08'04" E, a distance of 66.91', to a point;3. Thence N 73°23'14" E, a distance of 41.65', to a point;4. Thence N 07°24'58" E, a distance of 29.99', to a point;5. Thence S 82°31'56" E, a distance of 321.12', to a point;6. Thence S 12°58'32" E, a distance of 43.36', to a point;7. Thence N 76°17'12" E, a distance of 66.78’, to a point;8. Thence S 82°28'49" E, a distance of 301.66’, to a point;9. Thence N 07°31'10" E, a distance of 16.77', to a point;10. Thence S 82°28'58" E, a distance of 120.33’, to a point;
Thence S 07°31'02" W, a distance of 297.69' across said Parcel No. 161-012-37, to a point;
Thence S 68°47’15” W, a distance of 59.62’, continuing across said Parcel No. 161-012-37, to apoint; being the TRUE POINT OF BEGINNING;
Thence continuing across said Parcel No. 161-012-37, the following four (4) courses anddistances:
1. Thence S 07°25’26” W, a distance of 51.56’, to a point;2. Thence N 82°34’34” W, a distance of 37.40’, to a point;3. Thence N 07°25’26” E, a distance of 51.56’, to a point;4. Thence S 82°34’34” E, a distance of 37.40’ to the TRUE POINT OF BEGINNING.
Containing an area of 0.044 acres, more or less.
APPENDIX D
EXAMPLE ANNUAL CERTIFICATION OF
LAND-USE RESTRICTIONS
ROY COOPERGovernor
MICHAEL S. REGANSecretary
MICHAEL SCOTTDirector
State of North Carolina | Environmental Quality | Waste Management1646 Mail Service Center | 217 West Jones Street | Raleigh, NC 27699-1646
919 707 8200 Telephone
<date>
CERTIFIED MAILRETURN RECEIPT REQUESTED
Manchester NC Coliseum LLCATTN: Chris Bitterlin106 Cape Cod WayMooresville NC 28117
Subj: Annual Certification of Land-Use RestrictionsFormer Sno-White Launderers, 3712 East Independence BoulevardCharlotte, Mecklenburg County, North CarolinaDSCA Site DC600085
Dear Manchester NC Coliseum LLC:
On January 31, 2017, the Division of Waste Management made a “No Further Action”decision for the above referenced site. As part of that decision, it was determined thatland-use restrictions were necessary to ensure protection of human health and theenvironment. The land-use restrictions for this site are specified in the enclosed Noticeof Dry-Cleaning Solvent Remediation (Notice) signed by the property owner and theDivision of Waste Management.
As owner of at least a portion of the DSCA Site, you are required to comply withCondition 3 of the Notice by submitting to DEQ a notarized Annual Certification ofLand-Use Restrictions certifying that the Notice remains recorded at the MecklenburgCounty Register of Deeds’ office and that the Land-Use Restrictions are being compliedwith. Please complete the enclosed Annual Certification of Land-Use Restrictions andreturn it to me on or before January 31, 20__.
In accordance with § 143-215.104M(f), any person who fails to comply within the timespecified in this letter, shall then be subject to the applicable enforcement procedures.The Notice further states that if a land-use restriction is violated, the owner of thecontamination site at the time the land-use restriction is violated, the owner’s successorsand assigns, and the owner’s agents who direct or contract for alteration of thecontamination site in violation of a land-use restriction shall be liable for remediation ofall contaminants to unrestricted use standards.
If you have any questions concerning these documents or the site, please contact me at(919) 707-8363 or via email at [email protected].
Sincerely,
Patrick Watters, Project ManagerDSCA Remediation UnitSuperfund SectionDivision of Waste Management
Attachments: Copy of Notice of Dry-Cleaning Solvent RemediationAnnual Certification of Land-Use Restrictions form
Cc: DSCA Site DC600085 File
Annual Certification of Land-Use Restrictions
Site Name: Former Sno-White Launderers
Site Address: 3712 East Independence Boulevard, Charlotte, Mecklenburg County
DSCA ID No: DC600085
ANNUAL CERTIFICIATION of LAND-USE RESTRICTIONS
Pursuant to Condition 6 in the Notice of Dry-Cleaning Solvent Remediation (Notice) signed byManchester NC Coliseum LLC and recorded in Deed Book <blank>, Page <blank> on <date> at theMecklenburg County Register of Deeds Office, Manchester NC Coliseum LLC hereby certifies, as anowner of at least part of the property that is the subject of the Notice, that the Notice remains recorded atthe Mecklenburg County Register of Deeds office and the land-use restrictions therein are beingcomplied with.
Duly executed this _____ day of _______________, 20__.
Manchester NC Coliseum LLCBy:_____________________________________________Name typed or printed:
STATE OF _________________COUNTY OF ________________
I, _________________________, a Notary Public of the county and state aforesaid, certify that_____________________ personally came before me this day and the foregoing certification was signedby him/her.
WITNESS my hand and official stamp or seal, this _____ day of _______________, 20__.
_____________________________________________Name typed or printed:Notary Public
My Commission expires: ___________________[Stamp/Seal]
APPENDIX E
EXAMPLE DOCUMENTS ANNOUNCING PUBLIC COMMENT PERIOD
Public Notice
SUMMARY OF NOTICE OF INTENT TO REMEDIATE A DRY-CLEANINGSOLVENT FACILITY OR ABANDONED SITE
N.C. Department of Environmental QualityDivision of Waste Management
Dry-Cleaning Solvent Cleanup Act (DSCA) Program
Former Sno-White LaunderersDSCA Site DC600085
Pursuant to N.C.G.S. §143-215.104L, on behalf of Manchester NC Coliseum LLC, the NorthCarolina Department of Environmental Quality’s (NCDEQ’s) private contractor has prepared aNotice of Intent to Remediate a Dry-Cleaning Solvent Facility or Abandoned Site (NOI). Thepurpose of this Summary of the NOI is to notify the community of the proposed remedy for theContamination Site and invite comment on the proposed remedy.
The Former Sno-White Launderers facility conducted dry-cleaning operations at 3712 EastIndependence Boulevard within the former Coliseum Shopping Center in Charlotte, NorthCarolina. Dry-cleaning solvent contamination in soil and/or groundwater has been identified atMecklenburg County Parcel No. 16101237.
An investigation of the extent of contamination has been completed. A risk assessment of thecontaminated properties concluded that the contamination poses no unacceptable risks. A RiskManagement Plan (RMP) has been prepared which proposes using land-use controls to preventcurrent and future risks at the Contamination Site.
The elements of the complete NOI are included in the RMP which is available online athttps://deq.nc.gov/about/divisions/waste-management/superfund-section/special-remediation-branch/dsca-public-notices-announcements
The public comment period begins ________ __, 20__, and ends ________ __, 20__.
Comments must be in writing and submitted to NCDEQ no later than ________ __, 20__.Written requests for a public meeting may be submitted to NCDEQ no later than ________ __,20__. Requests for additional information should be directed to Patrick Watters at (919)707-8363.
All comments and requests should be sent to:
Patrick Watters, DSCA Remediation UnitDivision of Waste Management, NCDEQ1646 Mail Service CenterRaleigh, North Carolina 27699-1646
ROY COOPE R
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
State of North Carolina | Environmental Quality | Waste Management1646 Mail Service Center | 217 West Jones Street | Raleigh, NC 27699-1646
919 707 8200 T
<Date>
<name>, <City Manager/County Health Director><address><city>, NC <zip>
Subj: Remediation of Dry-Cleaning Solvent ContaminationDSCA Site DC600085Former Sno-White Launderers, 3712 East Independence Boulevard, Charlotte
Dear <name>:
The Dry-Cleaning Solvent Cleanup Act of 1997 (DSCA), North Carolina General Statutes (N.C.G.S.)Sections 143-215.104A through 143-215.104U, provides for the assessment and remediation of propertiesthat may have been or were contaminated by chlorinated solvents. To satisfy the requirements ofN.C.G.S. 143-215.104L, this letter serves as the Notice of Intent to Remediate a Dry-Cleaning SolventFacility or Abandoned Site (NOI) approved by the North Carolina Department of EnvironmentalQuality (DEQ).
The NOI must provide, to the extent known, a legal description of the location of the DSCA Site, a mapshowing the location of the DSCA Site, a description of the contaminants involved and theirconcentrations in the media of the DSCA Site, a description of the intended future use of the DSCA Site,any proposed investigation and remediation, and a proposed Notice of Dry-Cleaning Solvent Remediation(NDCSR) prepared in accordance with N.C.G.S. Section 143-215.104M. The required components of theNOI are included in the attached Risk Management Plan, and are available during the public commentperiod on our website at:https://deq.nc.gov/about/divisions/waste-management/superfund-section/special-remediation-branch/dsca-public-notices-announcements
The DSCA Program is providing a copy of the NOI to all local governments having jurisdiction over theDSCA Site. A 30-day public comment period is being held from <date>, until <date>. Written commentsmay be submitted to DEQ no later than <date>. Written requests for a public meeting may be submitted toDEQ no later than <date>. All such comments and requests should be sent to:
Patrick Watters, DSCA Remediation UnitDivision of Waste Management, NCDEQ1646 Mail Service CenterRaleigh, North Carolina 27699-1646
A Summary of the NOI is being published in the Charlotte Observer, copies are being sent to owners ofproperty within and contiguous with the area of contamination, and a copy of the Summary will beconspicuously posted at the Site during the public comment period.
Remediation of Dry-Cleaning Solvent Contamination <date>DSCA Site DC600085Former Sno-White Launderers, 3712 East Independence Boulevard, CharlottePage 2
If you have any questions, please feel free to contact me at (919)707-8363.
Sincerely,[SIGNATURE]Patrick Watters, DSCA Project ManagerDivision of Waste Management, NCDEQ
ROY COOPERGovernor
MICHAEL S. REGANSecretary
MICHAEL SCOTTDirector
State of North Carolina | Environmental Quality | Waste Management1646 Mail Service Center | 217 West Jones Street | Raleigh, NC 27699-1646
919 707 8200 Telephone
<date>
Manchester NC Coliseum LLCATTN: Chris Bitterlin106 Cape Cod WayMooresville NC 28117
Subj: Dry-Cleaning Solvent Contamination at 3712 East Independence BoulevardCharlotte, NC
Dear Manchester NC Coliseum LLC:
The Dry-Cleaning Solvent Clean-up Act (DSCA) Program has completed an assessmentof the dry-cleaning solvent contamination associated with the Former Sno-WhiteLaunderers at 3712 East Independence Boulevard in Charlotte. The site currently existsas a vacant tenant space within the Coliseum Shopping Center. A Risk ManagementPlan (RMP) to address the site contamination has been prepared. You are receiving thisletter in accordance with the DSCA Program’s statutes, which provide the community anopportunity to review and comment on the proposed RMP. Attached is a Summary ofthe Notice of Intent to Remediate a Dry-Cleaning Solvent Facility or Abandoned Sitewhich provides a brief description of the proposed remedy, a web link with more details,and the dates and procedures for commenting on the proposed RMP. We ask that youreview these documents. If you do not have access to the internet, we ask that youcontact us to request a hard copy.
You are also receiving this letter because your property lies within an area where dry-cleaning solvents have been detected in groundwater. An evaluation of the risksconcluded that the contamination poses no unacceptable risks for the current use of yourproperty. However, because groundwater under your property is contaminated, stateregulations and local regulations prohibit the installation of a water supply well on thisproperty. If the RMP is approved, a notice will be recorded in the chain of title indicatingthat groundwater is contaminated with dry-cleaning solvents and that regulations prohibitinstallation of a water supply well into a contaminated aquifer.
If you would like to see an example of this notice, please access the website:https://deq.nc.gov/about/divisions/waste-management/superfund-section/special-remediation-branch/dsca-public-notices-announcements
Open the Risk Management Plan for the Former Sno-White Launderers site, and seeAppendix C. If the proposed remedy is approved, you will be sent a letter describingyour rights to appeal the decision to file such a notice in the chain of title, and providingyou the option of filing the notice yourself.
If you have questions, please contact me at (919) 707-8363, or Delonda Alexander at(919) 707-8365.
Sincerely,
[SIGNATURE]Patrick Watters, DSCA Project ManagerDivision of Waste Management, NCDEQ
Attachments: Summary of the NOI
Cc: DSCA Site DC600085 File
ROY COOPE RGovernor
MICHAEL S. REGANSecretary
MICHAEL SCOTTDirector
State of North Carolina | Environmental Quality | Waste Management1646 Mail Service Center | 217 West Jones Street | Raleigh, NC 27699-1646
Subj: Dry-Cleaning Solvent Contamination at 3712 East Independence BoulevardCharlotte, NC
Dear <property owner>:
You are receiving this letter because your property at <adjacent property address> isadjacent to an area contaminated with dry-cleaning solvents. The Dry-Cleaning SolventClean-up Act (DSCA) Program has completed an assessment of the dry-cleaning solventcontamination associated with the Former Sno-White Launderers at 3712 EastIndependence Boulevard in Charlotte. The site currently exists as a vacant tenant spacewithin the Coliseum Shopping Center. A remedial strategy to address the sitecontamination has been prepared, and in accordance with our program’s statutes, thecommunity has an opportunity to review and comment on the proposed strategy.
The attached Summary of the Notice of Intent to Remediate a Dry-Cleaning SolventFacility or Abandoned Site (NOI) provides a brief description of the proposed remedy, aweb link to the complete NOI, and the dates and procedures for commenting on theproposed remedy. If you do not have access to the internet, we ask that you contact us torequest a hard copy of the complete NOI.
If you have questions, please contact me at (919) 707-8363, or Delonda Alexander at(919) 707-8365.
Sincerely,
[SIGNATURE]Patrick Watters, DSCA Project ManagerDivision of Waste Management, NCDEQ
