MO-4617_15621_G_C_20200108_Conditional No Further Action

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
NORTH CAROLINA
Environmental Quality
January 8, 2020
Tar Heel Capital Corp No. 2
Attn: Tige Darner
166 Southgate Drive, Suite 10
Boone, North Carolina 28607
UPS Next Day Air lZ 219 524 84 6802 5546
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Phillips 66/Harrisburg
143 Hwy 49, Harrisburg
Cabarrus County
Incident Number: 15621
Risk Classification: Low
Dear Mr. Darner:
A review of information on file with the Underground Storage Tank (UST) Section, Division
of Waste Management, Mooresville Regional Office indicates that groundwater contamination meets
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.
As groundwater contamination may exceed the groundwater quality standards established in
Title 15A NCAC 2L .0202, pursuant to NCGS 143B-279.9 and 143B-279.11, you must file the
approved plat and declaration for a Notice of Residual Petroleum with the Register of Deeds in the
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

county in which the release is located and submit a certified copy to the UST Section within 30 days
of receipt of this letter. 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.
As groundwater contamination may exceed the groundwater quality standards established in
Title 15A NCAC 2L .0202, public notice in accordance with 15A NCAC 2L .0409(b) also is
required. 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
correspondence 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 questions regarding this notice, please contact me at Trudy.Beverlygricderingov
or [phone].
Sincerely,
� 1-/'1 ;11�/+
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosure: Notice of Residual Petroleum (original mailed to Tar Heel Capital Corp No. 2 for
filing)
cc: Olivia Webster, Danielle Champion, & Corey Elwood, 36835 Creekwood Road, New
London, NC 28127
Mike Minett, Nova Consulting Group, Inc. (via email)
Mike Downs, Cabarrus County Manager (via email)
Chrystal Swinger, Cabarrus County Environmental Health (via email)
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

NOTICE OF RESIDUAL PETROLEUM
Harrisburg Phillips 66, 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 14313-279.9 and 143B-279.11. The North
Carolina Department of Environment Quality shall hereinafter be referred to as "DEQ",
NOTICE
Petroleum product was released and/or discharged at the Site. Petroleum constituents remain
on the site, but are not a danger to public health and the environment, provided that the
restrictions described herein, and any other measures required by DEQ pursuant to N.C.G.S.
Sections 14313-279.9 and 143B-279.11, are strictly complied with. This "Notice of Residual
Petroleum" is composed of a description of the property, the location of the residual petroleum and the
land use restrictions on the Site. The Notice has been approved and notarized by DEQ pursuant to
N.C.G.S. Sections 143E-279.9 and 143B-279.11 and has/shall be recorded at the Cabarrus County
Register of Deeds' office
(name ojcowuy)
Book , Page
Any map or plat required by DEQ has been or shall be recorded at the U6urriA5RCgister of Deeds
Office Book , Page , and has been/shall be incorporated into the Notice by this reference.
The attached Exhibit "A" shows the property and the area of contamination.
Source Property
Olivia Danielle Champion Elwood and Corey Elwood of 36835 Creekwood Road, New London,
NC 28127-6756 is the owner in fee 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

4960 Hwy. 49 (formerly 143 Hwy. 49 aka U.S. Highway 29-A), Harrisburg, North Carolina identified by
Cabarrus County Real Estate as Parcel #55075631340000, Being a small lot on the north side of US
Highway 29-A, near the Town of Harrisburg in No. I Township, Cabarrus County, N.C., adjoining Mrs.
Robert Decatur and Z. A. Morris Estate and bounded as follows:
BEGINNING at an iron stake I I feet front the centent pavement on the North side of U.S. Highway 29-A,
corner of Mrs. Robert Decatur and runs thence with her litre North 2-56 W. 155 feet to an iron stake,
Mrs. Robert Decatur's Northeast corner; thence North 87-04 East 150 feet to an iron stake, a new
corner; thence a new line South 2-56 East 155 feet to an iron stake 11 feet from the North edge of the
cement pavement; thence with the north side of said U.S. Highway No. 29-A South 87-04 West 150 feet to
the Beginning.
As recorded in Book 541, Page 729, Cabarrus County, datedJanuary 26, 1982.
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 6"r"county
Register of Deed receives and records the written concurrence of the Secretary (or his/her delegate) of
DEQ (or its successor in function).
PERPETUAL LAND USE RESTRICTIONS
Grozndwater: 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, Olivia Danielle Champion Elwood and Corey Elwood have caused
this Notice to be executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 1-l"I'day of
,201Q.
Olivia Danielle Champion Elwood
Corey Elwood
Revised February 5, 2019

NORTH CAROLINA
57�' COUNTY
(Arame 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 foregoing document:_ Olivia Danielle Champion Elwood.
Date: 1-1 t ,-u 1-t
(Official Seal)
expires: -61q( dv a'(
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NORTH CAROLINA
COUNTY
(Name of county m which acknowledgment was taken)
j
(sign.a of kotay Public)
Kati c e F �rH2,,
(printed or teed name of A'otary Public)
Notary Public
My commission
I certify that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document: Corey Elwood.
Date: Jkq,:j� 1-7 >0 19
(Official Seal)
expires: DOA!, f 2�a
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Approved for the purposes of N.C.G.S. 14313-279.11
(signature of Regional Supervisor)
Regional Supervisor
(printed name of Regional Supervisor)
Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
—1 &4f-1
{signa e of rotary Public)
ro F 2)r-lL
(printed or typed name of Nolary Public)
Notary Public
My commission
Revised February 5, 2019

Approved for the purposes of N.C.G.S. 14313-279.11
(Signature of Regional Supervisor)
Ronald H. Taraban
Regional Supervisor
Mooresville Regional Office
UST Section Division of Waste Management
Department of Environment Quality
NORTH CAROLINA ,.�n,
T VW -e [ 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 Supervsor)
Dat
(official Sea, Sherian R. Black
Notary Public
`�����•�P�PNnRnr�'''%y Notary Public Number 20041820022
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MY My commission expires:
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ZONING INFORMATION � � Harrisburg, Cabarrus County, North Carolina
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Beverly, Trudy
From: Mike Minett <[e-mail]>
Sent: Wednesday, January 8, 2020 9:45 AM
To: Beverly, Trudy
Subject: [External] RE: Phillips 66/Harrisburg - Incident #15621 — Conditional No
Further Action
ks or open attachments unless you verify. Send all suspicious email as an
Thanks Trudy!
Mike Minett
VP - Client Manager *:= Nova Group, GBC
J [phone] 1 ® [e-mail]
From: Beverly, Trudy <[e-mail]>
Sent: Wednesday, January 8, 2020 9:21 AM
To: Tige Darner <[e-mail]>
Cc: Mike Minett <[e-mail]>; Mike Downs <[e-mail]>; Chrystal
Swinger <[e-mail]>; [e-mail]; [e-mail];
[e-mail]
Subject: Phillips 66/Harrisburg - Incident #15621 — Conditional No Further Action
Tige,
Please see the attached Conditional No Further Action letter for Phillips 66/Harrisburg located at 143 Hwy 49,
Harrisburg, Cabarrus County, North Carolina (Incident #15621). The original Notice of Residual Petroleum
should go out with UPS today to you.
Have a wonderful day,
Trudy
D�. E
NcArH
mental 4wYly
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. B everly_kncdenr. gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: httns://deq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust/ast-prog am
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://dca. nc.,aov/about/divisions/wastc-mana aement/waste-management-rules-data/waste-management-ais-mans
File Review Procedures:
https:Hdeg.nc.gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
httt)s://deo.nc. eov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
htips://files.nc. gov/ncdeq/W aste%20Mana,gement/D WM/UST/Corrective%20Action/Electronic%20Document%20Submittal%20Memo%20Update.pdf
https:Hfiles.nc. gov/ncdeq/Waste%20Management/DViM/UST/Corrective%20Action/UST%20file%20namcs%20for%20Laserfiche.docx