MO-4183_12679_C_NFA_20230220_U Filler Up 44

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC
28115 | [phone]

February 20, 2023

National Retail Properties LP
C/O Property Tax Compliance
Winston-Salem, NC 27102

Re: Notice of No Further Action
15A NCAC 02L .0407(e)
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks

Former U-Filler Up #44
NW Corner of McLain Rd & S Cannon Blvd
Kannapolis, Cabarrus County
Incident Number: 12679
Risk Classification: Low

Dear National Retail Properties:
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 were closed under risk-based cleanup standards.
The UST Section determines that no further action is warranted for this incident. All required actions have
been completed. On 2/20/2023, the UST Section received a certified copy of the Perpetual Land Use
Restrictions which is filed with the Register of Deeds. On 2/13/2023 in book 16370 and page 86-87.
This determination shall apply unless the UST Section later finds that the discharge or release poses an
unacceptable risk or a potentially unacceptable risk to human health or the environment. Pursuant to Title
15A NCAC 02L .0407(a) you have a continuing obligation to notify the Department of any changes that
might affect the risk or land use classifications that have been assigned.
Be advised that as groundwater contamination exceeds the groundwater quality standards established in
Title 15A NCAC 02L .0202, groundwater within the area of contamination or within the area where
groundwater contamination is expected to migrate is not suitable for use as a water supply. Be advised that
as soil contamination exceeds the residential MSCCs, the property containing the contamination is suitable
only for industrial/ commercial use or restricted residential use (The term "residential is inclusive of, but
not limited to, private houses, apartment complexes, schools, nursing homes, parks, recreation areas and
day care centers), as stipulated in the Notice of Residual Petroleum (attached).
.
Page 2 of 2
12679
February 20, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC
28115 | [phone]

Interested parties may examine the site file information by contacting this regional office and may submit
comments on the site to the regional office at the address or telephone number listed below.
This No Further Action determination applies only to the subject incident; for any other incidents at the
subject site, the responsible party must continue to address contamination as required.
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 at the address or telephone number listed
below.
Sincerely,

Ron Taraban, PhD
Supervisor
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ

CC: Cabarrus County Health Director, Suzanne Knight, 300 Mooresville Rd, Kannapolis, NC
28081, [e-mail]
Cabarrus County Manager, Mike Downs, [e-mail]

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