NCGNE0918_COMPLETE FILE - HISTORICAL_20130213

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STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
DOC TYPE
F'HISTORICALFILE
❑ MONITORING REPORTS
DOC DATE
YYYYMMDD

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4
YF
NCDENR si-P 4
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory
Governor
Lance Scalskyl
PetroLiance, LLC
1009 Schieffelin Road
Apex, NC 27502
Dear Mr. Scalsky:
Charles Wakild, PE
Director
February 13, 2013
John E. Skarla III
Secretary
Subject: No -Exposure Certification NCGNE0918
PetroLiance, LLC
Wake County
The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES
Stormwater Permitting form and made a site visit to assess the potential for stormwater pollution. Based on our
observations and your submittal and signed certification of no exposure at the above referenced facility, the
Division is granting your conditional exclusion from permitting as provided for under 40 CFR 126.22(g), which is
incorporated by reference in North Carolina regulations. Please note that the 1767 gallon containment berm
around the exposed dispenser is considered to be within the intent of the No Exposure rules, set forth by the
EPA.
Please note that by our acceptance of your no -exposure certification, you are obligated to maintain no -
exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a
no -exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater
discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge (subject
to civil penalties of up to $25,000 per day). Your conditional no -exposure exclusion does not expire.
However, you must self re -certify annually using the enclosed form, or obtain NPDES permit coverage for
any stormwateridischarges from your facility. Please retain the completed re -certification forms in order to
have them available during future inspections by DWQ,
i
Your conditional exclusion from permitting does not affect your facility's legal requirements to obtain
environmental permits that may be required under other fedcfral, state, or local regulations or ordinances.
If you have any questions or need further information, please contact Dave Parnell at [phone] or at
[e-mail].
P,Sinerely,
for Charles akild, PE
Attachment: i
cc:,RRO County NE He
1
North Carolina Division of',Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Phone [phone] Customer Service
Internet: www,ncwatergualltv.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
i
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

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Environ--.'mental
Consulting & Technotogy,'Inc.
7208 Falls of Notiso Road
Christopher Wu
suite 102
Water Resources Manager
Raleigh, NC27615
(919) 661-88M
FAX [phone]
www.ectiAc.com
[e-mail]'m
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[phone] Ce.11
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Stormwater Permitting Unit - No -Exposure Files
No -Exposure Self Re -Certification Information:
N� thCarolina
,/ aturally
I
You are obligated to maintain no -exposure* conditions at your facility. If conditions change such that your facility
can no longer qualify for a no -exposure exclusion, you are obligated to immediately obtain NPDES permit
coverage for your stormwater discharge. Otherwise, the discharge becomes subject to enforcement as an un-
permitted discharge. State statute provides for fines of up to $25,000 per day for un-permitted discharges.
- Complete the re -certification at a minimum of once per year using the included Self Re -
Certification Form.
(additional copies can be downloaded from http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-5 )
- Maintain a record of re -certifications on file at the facility. Do not submit the re -certification to DWQ
unless requested. If requested, submit a copy of the re -certification to the Division and/or the
municipality in which the facility is located.
-During an inspection by DWQ or local government, provide the re -certifications immediately upon
request'
- Notify the Division of any changes in ownership, significant facility and/or activity changes, or if the
facility can no longer maintain no -exposure.
I
-Allow the NPDES permitting authority or, if discharging into a municipal separate storm sewer system, the
operatorl of the system, to: (1) inspect the facility; and (2) make such inspection reports publicly available
upon request.
I
* "No exposure" means that all industrial materials and activities are protected by a storm resistant shelter to
prevent exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited
to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-
products, final products, or waste products. Material handling activities include the storage, loading and unloading,
transportation, or conveyance of any raw material, intermediate product, final product or waste product. (40 CFR
122.26(g))
I
Information and forms related No -Exposure Certifications can be accessed on the website at:
http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-5

't
I
I
Permit: NCGNE0918 Effective:
i
SOC: , Effective:
County: Wake
Region: Raleigh
Contact Person: Lance Scalsky
i
Directions to Facility:
i
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
I
Related Permits
Compliance Inspection Report
Expiration: Owner: Petroliance LLC
Expiration: Facility: Petroliance LLC
1009 Schieffelin Rd
Apex NC 27502
Title: Phone: [phone]
Certification: Phone.
Inspection Date 02/01/2013 Entry Time: 01:45 PM Exit Time: 02:45 PM
Primary Inspector: David R Parnell Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Stormwater Discharge, No Exposure Certificate
Facility Status: ■ Compliant Q Not Compliant
I
Question Areas:
Miscellaneous Questions M Misc
,
(See attachment summary)
Page: i

f
Permit: NCGNE091 B Owner -Facility: Pelroliance LLC
inspection Date: 02/0112013 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
I
Inspection Summary:
Misc i
Is the facility compliant?
Comment: iThe site visit was for the facility's compliance with it's No Exposure
Certification which had been received by this office on 1/24/13. The site was very clean
and free of any reminants of spills. Secondary Containment was in place - including
around a dispenser that was open to rainfall events. An adjacent dispenser was under
shelter. There was a berm representing containment around the area of fueling
reported at 1767 gallons in the case of an overflow or spill at the dispenser. Since the
site was in exceilent condition and there were two Apex required wet detention pond,
the No Exposure certification will be approved.
Page: 2

Division of Water Quality 1 Surface Water Protection
NCDENRNational Pollutant Discharge Elimination System
NORTH CAROLiNA [)CI'. NICNT Or NO EXPOSURE CERTIFICATION for Exclusion
E-ROHMENT AND NATURAL'i RESOURCES
NCGNEdddO
NO EXPOSURE CERTIFICATION
FOR AGENCY USE ONLY
Date Received
Year
Mont
Certificate of c"c"se
NICIGINIE104
National Pollutant Discharge Elimination System application for exclusion from a Stormwater Permit based
on NO EXPOSURE: ,
Submission'of this No Exposure Certification constitutes notification that your facility does not require a
permit for stormwater discharges associated with industrial activity in the State of North Carolina because
it qualifies for a no exposure exclusion. A condition of no exposure at an industrial facility means all
industrial materials and activities are protected by a storm resistant shelter (with some exceptions) to
prevent exposure to rain, snow, snowmelt, and/or runoff.
i
Far permitted facilities in North Carolina, DWQ must approve your application for No
Exposure Certification before this exclusion is effective. Until you are issued a No
Exposure Certification and your NPDES permit is rescinded, your facility must continue
to abide byithe terms and conditions of the current permit.
industrial materials or activities include, but are not limited to: material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
Material handling activities include the storage, loading and unloading, transportation, or conveyance of
any raw material, intermediate product, final product or waste product. A storm resistant shelter is not
required for the following industrial materials and activities: drums, barrels, tanks, and similar containers
that are tightly sealed, provided those containers are not deteriorated and do not leak. "Sealed" means
banded or otherwise secured and with locked or non -operational taps or valves; adequately maintained
vehicles used in material handling; and final products, other than products that would be mobilized in
stormwater discharges (e.g., rock salt).
i
A No Exposure, Certification must be provided for each facility qualifying for the no exposure exclusion. In
addition, the exclusion from NPDES permitting is available on a facility -wide basis only —not for individual
outfalls. If any industrial activities or materials are, or will be, exposed to precipitation, the facility is not
eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form, you
certify that a condition of no exposure exists at this facility or site and are obligated to comply with the
terms and conditions of 40 CFR 122.26(g).
Exoosure Exclusion annually.
For questions, please contact the DWQ Regional Office for your area. (See page 6)
(Please print or type)
1) Mailing address of owner/operator (address to which all certification correspondence will be mailed):
Name PetroLiance, LLC
Contact Lance Scalskv
Street Address 1009 Schieffelin Road
City
Telephone No
Email 11
I
JA 1' 2 4 2013
I of 7
State NC ZIP
Fax: [phone]
JAN 2 3 2013
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NC DENR
i Re.Rional Office

NCGNE0000 No Exposure Certification
2) Location of facility producing discharge:
Facility Name
Facility Contact
Facility St. Address
City
County
Telephone No.
Email
PetroLiance, LLC
Lance Scalsky
1009 Schieffelin Road
Apex
Wake
[phone]
[e-mail]
3) Physical location information:
State NC ZIP Code 27502
Fax: [phone]
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and direction from a roadway intersection). Take Highway US1 S164W to exit 96 (Ten Ten Road).
Take an immediate left onto Center Street and after approximately 1 mile take a left onto Schieffelin Road.
The facility will be on the left.
(A copy of a map with the facility clearly located on it should be included with the certification application.)
4) Is the facility located on Native American Lands? ❑ Yes X No
5) Is this a Federal facility? ❑ Yes X No
6) Latitude 35043'39.30" N Longitude 78'50'19.07" W (deg., min., seconds)
7) This NPDES No Exposure Exclusion application applies to which of the following:
❑ New or Proposed Facility Date operation is to begin
X Existing Date operation began 2006 (PetroLiance) 1992 (White Oil)
❑ Renewal of existing No Exposure Certification Certification No.: NCGNE
8) Was this facility or site ever covered under an NPDES Stormwater Permit? X Yes ❑ No
If yes, what is the NPDES Permit Number? NCG080894
9) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code: 5171
10) Provide a brief description of the types of industrial activities and products produced at this facility:
The PetroLiance Apex facility is a bulk oil terminal that stores and distributes oil. The facility stores less than 1
million gallons of oil.
11) Does this facility have any Non -Discharge permits (ex: recycle permits)?
X No
❑ Yes
If yes, list the permit numbers for all current Non -Discharge permits for this facility:
Page 2 of 7
CIAll LNF_19Aun9nIn

NCGNE0000 No Exposure Certification
Exposure Checklists (12. - 14.)
12) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either "Yes" or "No.") If you answer "Yes" to any of these items, you are not
eligible for the no exposure exclusion.
a. Using, storing, or cleaning industrial machinery or equipment, and areas where ❑ Yes X No
residuals from using, storing or cleaning industrial machinery or equipment remain
and are exposed to stormwater
b. Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes X No
c. Materials or products from past industrial activity ❑ Yes X No
d. Material handling equipment (except adequately maintained vehicles) ❑ Yes X No
e. Materials or products during loading/unloading or transporting activities ❑ Yes X No
f. Materials or products stored outdoors (except final products intended for outside ❑ Yes X No
use [e.g., new cars] where exposure to stormwater does not result in the discharge
of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, ❑ Yes X No
and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes X No
the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes X No
j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes X No
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes X No
otherwise regulated (i.e., under an air quality control permit) and evident in the
stormwater outflow
I. Empty containers that previously contained materials that are not properly stored ❑ Yes X No
(i.e., not closed and stored upside down to prevent precipitation accumulation)
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes X No
stored outside, has the facility had any releases in the past three (3) years?
13) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not
eligible for the no exposure exclusion.
a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, or X Yes ❑ No ❑ N/A
deterioration, or evidence of leaks?
b. Is secondary containment provided for all exterior ASTs? If so, is it free of any X Yes ❑ No ❑ N/A
cracks, holes, or evidence of leaks, and are drain valves maintained locked shut?
Page 3 of 7
QIA71 I_AIG_ i OAi i ,)nln

NCGNE0000 No Exposure Certification
14) Secondary Containment: If you answer "No" to any of the following items, you are not eligible for the
no exposure exclusion.
a. Is secondary containment provided for all single above ground storage
containers (including drums, barrels, etc.) with a capacity of more than 660-
gallons?
b. Is secondary containment provided for above ground storage containers stored
in close proximity to each other with a combined capacity of more than 1,320-
gallons?
c. Is secondary containment provided for Title III Section 313 Superfund
Amendments and Reauthorization Act (SARA) water priority chemicals*?
d. Is secondary containment provided for hazardous substances** designated in 40
CFR §116?
e. Are release valves on all secondary containment structures locked?
15) Hazardous Waste:
a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
b. Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste
generated per month) of hazardous waste?
c. is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste
generated per month) of hazardous waste?
If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste:
How is material stored:
Where is material stored:
How many disposal shipments per year:
Name of transport 1 disposal vendor:
Vendor address:
Footnotes to Questions 14) c. & d.
X Yes ❑ No ❑ NIA
X Yes ❑ No ❑ NIA
❑ Yes ❑ No X NIA
❑ Yes ❑ No X NIA
X Yes ❑ No ❑ NIA
❑ Yes X No
❑ Yes X No
❑ Yes X No
*Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require
secondary containment. However, some exceptions may be made for de minimis amounts of certain substances,
and/or other qualifiers, as described in the exemptions from reporting requirements of Title III SARA 313 in 40 CFR
§ 372.38.
**Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require
secondary containment. However, some exceptions may be made for amounts less than the Reportable Quantities
of the hazardous substances listed in 40 CFR §117.3.
Page 4 of 7
C NAY I_nIF_1 MinIf)

NCGNE0000 No Exposure Certification
16) Other information: If you answer "Yes" to any of the following items, you might not be eligible for the
no exposure exclusion. A more in-depth evaluation of the site circumstances may be required.
a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? ❑ Yes X No
b. Does your facility have coal piles on site? ❑ Yes X No
c. Does your facility store other fuel sources outside in piles, such as wood chips, © Yes X No
sawdust, etc.?
d. Does your facility have air emissions associated with its industrial activity (e.g., ❑ Yes X No
degreasing operations, plating, painting and metal finishing)? If so, describe the
industrial activity:
e. If you answered yes to d., are those emissions permitted by an Air Quality Permit? ❑ Yes ❑ No X NIA
Please specify:
f. Please' Ilst any other environmental program permits (federal, state, etc.) not
specified earlier in this application (such as Hazardous Waste Permits, etc.):
Permit: Program:
Permit: Program:
Permit: Program:
Permit: Program:
Permit: Program:
Permit: Program:
Permit: Program:
Page 5 of 7

NCGNE0000 No Exposure Certification
17) Certification:
I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no
exposure'' and obtaining an exclusion from NPDES stormwater permitting.
I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities
or materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am obligated to annually self re -certify No Exposure and, if requested, submit the re -certification to
DWQ or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where
applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the
discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such
inspection reports publicly available upon request.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under
an NPDES permit prior to any point source discharge of stormwater from the facility. Additionally, I certify under penalty of
law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is to the best of my knowledge and belief true, accurate and complete. 1 am aware
that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Name of Person Signing: l aJ' ce sc ajlug
Title: Fvtit(' LU I'Ylf'LY1aavyL
(Signature of Applicant)
l I Zt
(Date Signed}
Please note: This application for the No Exposure Exclusion is subject to approval by the
NCDENR Regional Office prior to issuance. The Regional Office may inspect your facility for
compliance with no exposure conditions prior to that approval. The Regional Office may also
inspect your facility at any time in the future for compliance with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
There is currently no fee for a No Exposure Exclusion.
Page 6 of 7
can i_nic_i 9n,, on in

NCGNE0000 No Exposure Certification
Final Checklist
This application should include the following items:
X This completed application and all supporting documentation.
X A map with the location of the facility clearly marked.
X If the site currently has an NPDES Stormwater Permit, be sure to indicate the permit number in Question 8.
Mail the entire package to:
Stormwater Permitting Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the issuance of a No Exposure Exclusion.
For questions, please contact the DWO Regional Office for your area.
DWQ Regional Office Contact Information:
Asheville Office ......
[phone]
Fayetteville Office ...
[phone]
Mooresville Office ...
[phone]
Raleigh Office ........
[phone]
Washington Office ...(252)
946-6481
Wilmington Office ...
[phone]
Winston-Salem ......
[phone]
Central Office .........(919)
807-6300
Page 7 of 7
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January 8, 2013
Mr. Bradley Bennett
Stormwater Permitting Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: PetroLiance. LLC —Apex, North Carolina
No Exposure Certification Request
Dear Mr. Bennett,
PetroLiance, LLC currently operates an oil storage and distribution facility located on 1009 Schieffelin
Road in Apex. NC (Figure 1) and is covered under National Pollutant Discharge Elimination System
general permit NCG080000 (certificate of coverage NCG080894). The facility stores less than 1
million gallons of oil on -site and the Standard Industrial Classification Code is 5171.
The facility consists of an enclosed warehouse, two tank farms, loading/unloading areas, an oil -water
separator, parking lot, a diesel generator, administrative offices, and two bioretention ponds (Figure 2).
The primary pollutant on -site is oil, all of which is kept within secondary containment. Further,
loading/unloading areas are kept under roof and the two bioretention ponds serve as emergency
containment should secondary containment fail. A facility Spill Prevention Control and Countermeasure
(SPCC) plan covers these activities. The SPCC is updated in accordance with 40 CFR 112 to ensure
compliance with state and federal regulations.
PetroLiance respectfully requests that DWQ evaluate the attached figures and No Exposure Certification
to determine if the facility qualifies. We also welcome the opportunity to meet with a DWQ inspector
from the Raleigh Regional Office so that the layout of the Apex facility can be evaluated further. Please
feel free to contact me if you have any questions. 1 can be reached at [phone] or via email at
[e-mail].
Sincerely,
Mr. Lance Scalsky
Facility Manager

3800 Barrett Dr, Raleigh, NC 27609 to Averasboro Dr, Clayton, NC 27520 - Google Maps Page 1 of 1
Directions to Averasboro Dr, Clayton, NC 27520
Gooste 22.7 mi — about 29 mins
np& 3800 Barrett Dr, Raleigh, NC 27609
1. Head west on Barrett Dr toward Haworth Dr
r+ 2. Turn right onto Six Forks Rd
About 1 min
3. Slight right to merge onto 1-440 E/Cliff Benson Beltline
About 7 mins
4. Take exit 16 to merge onto 1-40 E toward Wilmington/Benson
About 5 mins
5. Take exit 306 for US-70 toward Garner/Smithfield/Goldsboro
6. Keep left at the fork, follow signs for US-70 BUS E/Clayton and merge onto US-70 BUS
E
About 11 mins
7. Turn right onto Champion St
About 3 mins
8. Continue onto Averasboro Dr
About 2 mins
T
Averasboro Dr, Clayton, NC 27520
go 0.1 mi
total 0.1 mi
. go 0.4 mi
total 0.5 mi
go 7.6 mi
total 8.0 mi
go 4.5 mi
total 12.6 mi
go 0.2 mi
total 12.8 mi
go 8.5 mi
total 21.2 mi
go 0.8 mi
total 22.0 mi
go 0.6 mi
total 22.7 mi
These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause
conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your
route.
Map data 02013 Google
Directions weren't right? Please find your route on ma s. oo le.com and click "Report aproblem" at the bottom left.
https:llmaps.google.com/maps?mod&source=s_d&saddr=3800+Barrett+Dr,+Raleigh,+NC&... 2/5/2013

Wiggins, Mack
From: Cashion, Ted
Sent: Friday, December 28, 2012 3:35 PM
To: Wiggins, Mack
Subject: RE: Nash County Spill
Nice job Mack. 00 13
Ted Cashion, CHMM
NCDENR
Division of Water Quality
Raleigh Regional Office
919-791-4254
Email correspondence to and from this address may be subject to the North Carolina Public Records Caw and may be
disclosed to third parties.
From: Wiggins, Mack
Sent: Friday, December 28, 2012 3:29 PM
To: Smith, Danny; Wiggins, Mack; Cashion, Ted
Subject: Nash County Spill
Surface Water received an anonymous complaint about a diesel and liquid nitrogen spill in the amount of 4000 gallons
on the morning on December 28, 2012 at 3805 Bull Head Road, near Bailey NC. in Nash County. Staff from Surface
Water Protection responded immediately that morning. At the site staff met with Mr. Johnny Bailey, the owner of the
farm. As per Mr. Johnny Bailey, surface water staff was the only respondents he had seen from a regulatory agency since
the spill happened on 12/21/2012. Mr. Bailey directed staff to the area of the spill. The spill came from two tanks. He
stated the diesel fuel spill/release was approximately 4000 gallons, and the liquid nitrogen spill/release was 1500-1800
gallons. He stated that both valves from the tanks were opened at night on 12/21/2012. He suspects that the valves
were opened by his brother David Bailey as a result of a family feud. He stated he had a restraining order on his brother.
Contaminated soil was found at the tank site at the time of the investigation, Staff traced the contamination from the
fuel spill/release roughly 600 feet away from the tanks. The creek was some 700 feet away from the end of
contamination with field and forest filter in between. Beyond the end of contamination staff could not detect any
petroleum product from the diesel fuel spill. It was determined by staff at the time of the site investigatior that the
spill did not threaten or make it to any surface waters. The only environment damage found at the time of the site
investigation was contaminated soil from the diesel fuel spill. Surface water staff did recommend to Mr. Bailey that he
install locks on his tank valves. Attached are pictures from every angle.
Mr. Bailey and his sister gave. us the name of their attorney, Jeffrey Batts, 252.977-6450 (o), and 252-985-8528 (cell).
Mr. Batts is aware of the situation with David Bailey. Johnny Bailey's sister has profane messages on her phone from
David Bailey about this event.
Mr. Johnny Bailey's phone # is 252-236-8585. He stated he did not report this incident to the police.