MO-9485_40926_G_C_20190904_Conditional No Further Action, Cancellation Letter, & new NRP for Filing

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Ms. Debrah Carl
Circle K Stores, Inc.
2550 West Tyvola Road, Suite 200
Charlotte, North Carolina 27217
(via email)
Dear Ms. Carl:
NORTH CAROLINA
Environmental Quality
September 4, 2019
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Circle K No. 2708383
873 Old Charlotte Road SW, Concord
Cabarrus County
Incident Number: 40926
Risk Classification: Low
A review of information on file with the Underground Storage Tank (UST) Section, Division of
Waste Management, Mooresville Regional Office indicates that soil and groundwater contamination meet
the cleanup requirements for a low -risk release under Title 15A NCAC 2L .0202 and .0400, but
contamination exceeds the limits allowed for the unrestricted use of a site where closed under risk -based
cleanup standards.
The UST Section determines the subject incident to be eligible conditionally for no further action
status. However, final approval of no further action status is contingent on the filing of the approved Notice
of Residual Petroleum (or NRP, see attached) with the Register of Deeds in the county in which the release
is located, verified by the receipt of a certified copy of the filed NRP by this office; and receipt of
confirmation that public notice requirements have been completed, as described below. The Cabarrus
County Register of Deeds has been sent a request to cancel the July 11, 2006 NRP for groundwater (see
cancellation attachment) in lieu of the NPR restricting groundwater and soil to be filed on the parcel.
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. Be advised that as soil contamination may exceed the
residential MSCCs, the property containing the soil contamination is suitable only for industrial /
commercial use as stipulated in the Notice of Contaminated Site (attached).
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

As groundwater contamination may exceed the groundwater quality standards established in Title
15A NCAC 2L .0202, and soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-
279.9 and 14313-279.11, you must file the approved plat and declaration for a Notice of Residual Petroleum
(attached) with the Register of Deeds in the county in which the release is located and submit a certified
copy to the UST Section within 30 days of receipt of this letter.
As groundwater contamination may exceed the groundwater quality standards established in Title
15A NCAC 2L .0202, and soil contamination may exceed the lower of the residential or soil -to -groundwater
MSCCs, public notice in accordance with 15A NCAC 2L .0409(b) also is required. Within 30 days of
receipt of this letter, a copy of this letter must be provided by certified mail (or otherwise be made available
by posting in a prominent place if certified mail is impractical,) to the local health director, the chief
administrative officer of each political jurisdiction in which the contamination occurs, all property owners
and occupants within or contiguous to the area containing contamination, and all property owners and
occupants within or contiguous to the area where the contamination is expected to migrate.
Within 60 days of receiving this letter, this regional office must be provided with documentation
showing that each party included in the listing above either received or affirmatively refused to accept
delivery of the copy of the letter, and/or documentation describing the manner in which the letter was
publicly posted, where applicable. Interested parties may examine information on file for this site by
contacting this regional office and may submit comments about the site to the regional office at the address
or telephone number listed below.
This conditional No Further Action determination will not become valid until the UST Section
receives a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds
and until public notice requirements are completed.
If you have any questions regarding trust fund eligibility or reimbursement from the Commercial
Leaking Petroleum Underground Storage Tank Cleanup Funds, please contact the UST Section Trust Fund
Branch at [phone].
If you have any questions regarding this notice, please contact me by email at
Trudy.Beverly�rc ncdenr. og_v or telephone at [phone].
Sincerely,
6 '41 ;61w"�
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Cancellation of July 11, 2006 Notice of Residual Petroleum letter for the
Cabarrus County Register of Deeds
Notice of Residual Petroleum for filing with the Cabarrus County Register of
Deeds (original mailed to Aaron Williamson, Crawford Environmental Services,
301 McCullough Drive, Suite 400, Charlotte, NC 28262)
cc: Aaron Williamson, Crawford Environmental Services (via email)
Mike Downs, Cabarrus County Manager (via email)
David Troutman, Cabarrus County Health Department (via email)
Hickory Woods Inc, P.O. Box 526, Concord, NC 28026
9�- .
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North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Attn: Wayne Nixon
Cabarrus County Register of Deeds
65 Church Street South
Concord, NC 28025
Dear Mr. Nixon:
NORTH CAROLINA
Environmental Quality
September 4, 2019
Re: Cancellation of Notice of Residual Petroleum
in accordance with NCGS 14313-279.11(g)
Notice of Residual Petroleum
Hickory Woods Inc Property
873 Old Charlotte Road SW
Cabarrus County, North Carolina
UST Incident Numbers: 27671 & 40926
Circle K #2708383 & Circle K No. 2708383
Notice of Residual Petroleum Recorded in:
Book 6870
Page(s) 168-170
The Underground Storage Tank (UST) Section of the Department of Environmental Quality (Department)
hereby requests that the Cabarrus County Register of Deeds cancel a Notice of Residual Petroleum
(Notice) that was previously recorded on July 11, 2006 in Book 6870, Pages 168-170. The subject real
property is located at the above -referenced address, and it was owned by Hickory Woods Inc at the time
of the recordation of the Notice.
The reason for the cancellation is that, a Notice with soil and groundwater restrictions is to be filed on the
parcel to replace the current Notice only restricting groundwater usage.
Based on this information, I request that the referenced Notice be cancelled of record. Also, please record
this statement in the deed books and index it on the grantor index for the names of the listed owners of the
real property as shown in the Notice and any subsequent owners (if applicable,) and on the grantee index
in the name "Secretary of Environment and Natural Resources." If practical, please also sign and make a
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

marginal entry on the referenced Notice showing the date of cancellation and the book and page where the
Secretary's statement is recorded.
If you have any questions regarding the actions or the rules mentioned in this letter, please contact Trudy
Beverly by email at Trudy.Beverly a),ncdenngov or by telephone at [phone].
ncerely,
on H. Taraban
Regional Supervisor, Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachments: Notarization of Cancellation of Notice of Residual Petroleum
e�-'rDE
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owrmraaft—w"awer"
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

CANCELLATION OF NOTICE OF RESIDUAL PETROLEUM
Hickory Woods Inc Property, Cabarrus County, North Carolina
Under North Carolina's Statutes and Regulations, a NOTICE OF RESIDUAL PETROLEUM
(Notice) that was recorded at the aforementioned property has been CANCELLED by the
Secretary (or his/her delegate) of the North Carolina Department of Environmental Quality
(or its successor in function), as authorized by N.C.G.S. Section 143B-279.11(g). The Notice
was recorded at the Cabarrus Register of Deeds' office, Book 6870. Page 168-170.
IN WITNESS WHEREOF, the Secretary of the Department of Environmental Quality (or
his/her delegate) ha caused is otic to bencelled pursuant to N.C.G.S. Section
143B-279.11(g), this day of 2011
By. 1ItSW`.�..►
nature of Delegated DEQ Representative)
K
Vl-ST � �-���►.s d s
le of Delegated D Representative)
Signatory's name typed or printed: Gk,O k c-, qV\-
NQ$TH�RCy1�INA
't '� `\ COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person personally appeared before me this day, acknowledging
to me that he or she signed the Cancellation of Notice of Residual Petroleum:
�Eayta K -fal-abcl ti .
WITNESS my hand and official seal, this the da 20.
(Official Seal) WQ"vL
rA4V
(si re ofNotary Public)�(printed or typed name of Notary Public)
F'"Es Notary Public
O� U130 My commission expir t �1024
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 ( Mooresville, North Carolina 28115
704.663.1699

NOTICE OF RESIDUAL PETROLEUM
Circle K 2708383, Cabarrus County, North Carolina
(Site name)
The property that is the subject of this Notice (hereinafter referred to as the "Site")
contains residual petroleum and is an Underground Storage Tank (UST) incident under North
Carolina's Statutes and Regulations, which consist of N.C.G.S. 143-215.94 and regulations adopted
thereunder. This Notice is part of a remedial action for the Site that has been approved by the
Secretary (or his/her delegate) of the North Carolina Department of Environment Quality (or its
successor in function), as authorized by N.C.G.S. Section 143B-279.9 and 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 14313-279.11, are strictly complied with. This "Notice of Residual
Petroleum" is composed of a description of the property, the location of the residual petroleum and the
land use restrictions on the Site. The Notice has been approved and notarized by DEQ pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.1 1 and has/shall be recorded at the Carbarrus Register
(name of county)
of Deeds' office
Book , Page
Any map or plat required by DEQ has been/shall be recorded at the _Carbarrus Register of
(name ofcount})
Deeds' office Book Page , and has been/shall be incorporated into the Notice by this reference.
Source Property
_Hickory Woods, Inc. of _Concord, North Carolina is the owner in fee
(owner's name) (city & state ofhomeowner)
simple of all or a portion of the Site, which is located in the County of _Cabarrus State of
North Carolina, and is known and legally described as:
Revised February 5, 2019

873 Old Charlotte Road SW
Lying and being in No. 11 Township, Cabarrus County, North Carolina, on the southeast side of the
National Highway, and being Lot Nos. 11,12,13,14, and 15 in Block `A " of Highland Park as shown on a
map made by E.M. Yoder, Surveyor, and recorded in the Office of the Register of Deeds for Cabarrus
County, North Carolina in Plat Book 2, page 13, to which plat reference is made for a more complete and
accurate description of subject property, reserving, however, a right-of-way offive foot in which fronting
on the State Highway for purposes of a sidewalk, and is that property conveyed by S.H. Linker and wife
Flossie Lee Linker to M.L. Early and wife Willene Early by deed dated March 9, 1937, and recorded in
Record of Deeds Book No. 140, page 294.
Additional Affected Property Also Subject to Restrictions
N/A of is the owner in fee simple of a portion of
(owner's Name) (city & state of owner)
the Site, which is located in the County of , State of North Carolina. Petroleum
contamination is located on this property at the time this Notice is approved. This property was also
owned or controlled by the underground storage tank owner or operator or another party responsible for
the petroleum discharge or release at the time the discharge or release was discovered or reported, or at
any time thereafter. This property is known and legally described as:
Not Applicable
Additional Affected Property Not Subject to Restrictions
Additionally, residual petroleum is also located on the following property. The following
property is not subject to land use restrictions pursuant to N.C.G.S. Section 143B-279.9(b). The
following property is known and legally described as:
Not Applicable
For protection of public health and the environment, the following land use restrictions required
by N.C.G.S. Section 143B-279.9(b) shall apply to all of the above -described real property. These
restrictions shall continue in effect as long as residual petroleum remains on the site in excess of
unrestricted use standards and cannot be amended or cancelled unless and until the _Cabarrus County
Revised February 5, 2019

Register of Deed receives and records the written concurrence of the Secretary (or his/her delegate) of
DEQ (or its successor in function).
PERPETUAL LAND USE RESTRICTIONS
Soil: The Site shall be used for industrial/commercial use only. Industrial/commercial use means a use
where exposure to soil contamination is limited in time and does not involve exposure to children
or other sensitive populations such as the elderly or sick. The real property shall not be
developed or utilized for residential purposes including but not limited to: primary or secondary
residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds,
parks, recreation areas and/or picnic areas.
Groundwater: Groundwater from the site is prohibited from use as a water supply. Water supply wells
of any kind shall not be installed or operated on the site.
ENFORCEMENT
The above land use restriction(s) shall be enforced by any owner, operator, or other party
responsible for the Site. The above land use restriction(s) may also be enforced by DEQ through any of
the remedies provided by law or by means of a civil action, and may also be enforced by any unit of local
government having jurisdiction over any part of the Site. Any attempt to cancel this Notice without the
approval of DEQ (or its successor in function) shall be subject to enforcement by DEQ to the full extent
of the law. Failure by any party required or authorized to enforce any of the above restriction(s) shall in
no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring
prior or subsequent thereto.
IN WITNESS WHEREOF,A&,Ah C a»/ has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11, this ;LZ day of v vS?-,20 /,9.
eiI'G11 A/ SfD/1, /1,.
namee�reof res)ponsible parryy%fagent is signing)
By: "4, / f/
(signature of responsible party, attorney or other agent if there is one)
440; A,"t47ifl AQi44461/
(Title of agent for responsible parry if the)leis one)
Signatory's name typed or printed: 04hA h —�/
Revised February 5, 2019

NORTH CAROLINA
tAccklenbvr COUNTY
(Name of county in iW 'ch acknowledgment was taken)
I certify that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document: No+jce of- 0ey-'AyoJ Petroleum.
Date: 8/-z7/19
U,ature
, IofNotag Public
IMeja
printed or gped name of No ary Public)
Notary Public
My commission expires:
Revised February 5, 2019

Approved for the purposes of N.C.G.S. 143B-279.11
(Signature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
PAC L I COUNTY
I certify that the following person personally appeared before me this day, each
Acknowledging to that he signed the foregoing document:
Ronald H . Taraban (full printed name of Regional Supervisor)
Date: `7 2 Lq
(official Seal)
1AN O. B
V1SSMr
MRgS
42
00 U NT..�i►�`'��
Sherian R. Black
Notary Public
Notary Public Number 20041820022
My commission expires:
July 12, 2024

Beverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, September 4, 2019 3:43 PM
To: Debrah Carl; Aaron Williamson
Cc: Mike Downs; David Troutman
Subject: Circle K No. 2708383 - Incident #40926 — Conditional No Further Action
Attachments: MO-9485_40926_G_C_20190904_Conditional No Further Action, Cancellation
Letter, & new NRP for Filing.pdf
Please see the attached Conditional No Further Action letter for Circle K No. 2708383 located at 873 Old
Charlotte Road SW, Concord, Cabarrus County, North Carolina (Incident #40926).
Aaron — The original signed and notarized cancellation letter for the July 11, 2006 NRP (groundwater
restriction) and new notarized original NRP (soil and groundwater restrictions) will be mailed to your office
today. The cancellation letter should be taken to the Cabarrus County Register of Deeds in conjunction with
the new NRP for filing.
Let me know if you have questions,
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy.Beverlykncdenn aov
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: ht_pt s://deg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https:Hdeg.nc.aov/about/divisions/waste-management/ust/ast-proeram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httos://dec.nc. eov/about/divisions/waste-management/waste-manaeement-rules-data/waste-manaeement-ais-mans
File Review Procedures:
hrtns://deq.nc.gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
httns://edocs.deo.nc. eov/WasteManaeement/Search.asox
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc. gov/ncdeq/Waste%2OManagement/D WM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf
htWs://files.nc. gov/ncdeq/Waste%2OManagement/DWM/UST/Corrective%2OAction/UST%20file%20natncs%20for%2OLaserfiche.docx