MO-4215_12993_C_NFA_20050221_No Further Action Letter

LA.
NCDENR
North Carolina Department of Environment and
Michael FF, Easley, Governor Division of Waste Management
William G. Ross Jr., Secretary Underground Storage Tank Section
February 21, 2005
Crown Central Petroleum Corporation
Post Office Box 1168
Baltimore, Maryland 21203
Attention: John Wolf
Dear Mr. Wolf:
Natural Resources
Dexter R. Matthews, Director
Re: Notice of No Further Action
15A NCAC 2L .0115(h)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Crown No. NC-611
701 Wright Avenue, Kannapolis
Rowan County
Incident Number: 12993
Risk Classification: Low
The Site Closure Request received by the Underground Storage Tank (UST) Section, Mooresville
Regional Office on August 26, 2004 and the Notice of Residual Petroleum received on February 16, 2005
have been reviewed. The review indicates that soil contamination exceeds the residential maximum soil
contaminant concentrations (MSCCs), established in Title 15A NCAC 2L .0115(m) and that groundwater
contamination meets the cleanup requirements for a low -risk site but exceeds the groundwater quality
standards established in Title 15A NCAC 2L .0202.
The UST Section determines that no further action is warranted for this incident. 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 2L .0115(e) 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 2L .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, and that
as soil contamination exceeds the residential MSCCs, the property containing the soil contamination is
not suitable for residential use (e.g., homes, schools nursing homes parks, recreation areas, day care
centers).
As groundwater contamination exceeds the groundwater quality standards established in Title
15A NCAC 2L .0202 and/ or soil contamination exceeds the residential MSCCs, pursuant to NCGS
14313-279.9 and 14313-279.11, you must file the approved 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
An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper

Crown No. NC-611
February 21, 2005
Page Two
Section within 30 days of receipt of this letter. This 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.
As groundwater contamination exceeds the groundwater quality standards established in Title
15A NCAC 2L .0202 and or soil contamination exceeds the lower of the soil -to -groundwater or
residential MSCCs, public notice in accordance with 15A NCAC 2L .0115(k) also is required. Thus,
within 30 days of receipt of this letter, a copy of the letter must be provided by certified mail, or 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 no further action letter, this office must be provided with proof of receipt of the
copy of the letter or of refusal by the addressee to accept delivery of the copy of the letter or with a
description of the manner in which the letter was posted. This No Further Action determination will not
become valid until public notice requirements are completed. Interested parties may examine the Site
Closure Request 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 this notice, please contact me at the address or telephone
number listed below.
Sincerely,
&%L
Dan Graham
Hydrogeologist
Mooresville Regional Office
Attachments: Notice of Residual Petroleum
cc: Rowan County Health Department
Mike Stanforth-Excel Environmantal Assoc.
UST Regional Offices
Asheville (ARO) — 2090 US Highway 70, Swannanoa, NC 28778 [phone]
Fayetteville (FAY) — Systel Building, Suite 714, Fayetteville, NC 28301 [phone]
Mooresville (MOR) — 610 East Center Avenue, Suite 301, Mooresville, NC 28115 [phone]
Raleigh (RRO) —1628 Mail Service Center, Raleigh, NC 27699 [phone]
Washington (WAS) — 943 Washington Square Mall, Washington, NC 27889 [phone]
Wilmington (WIL) — 127 Cardinal Street Extension, Wilmington, NC 28405 [phone]
Winston-Salem (WS) — 585 Waughtown Street, Winston-Salem, NC 27107 (336) 7714600
Guilford County Environmental Health, 1203 Maple Street, Greensboro, NC 27405, [phone]
Crown611.nrpnfa

NOTICE OF RESIDUAL PETROLEUM
Former Fast Fare NC-611, 701 Wright Avenue, Kannapolis, Rowan County, North
Carolina
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 and Natural Resources (or its
successor in function), as authorized by N.C.G.S. Section 14313-279.9 and 14313-
279.11. The North Carolina Department of Environment and Natural Resources
shall hereinafter be referred to as "DENR".
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
DENR pursuant to N.C.G.S. Sections 14313-279.9 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 DENR pursuant to N.C.G.S. Sections
143B-279.9 and 143B-279.11 and has/shall be recorded at the Rowan County Register of
Deeds' office Book , Page

Source Property
Nick S. Kaperonis, and wife, Vasiliki Kaperonis, of Charlotte, North Carolina are the
owners in fee simple of all or a portion of the Site, which is located in the County of
Rowan, State of North Carolina, and is known and legally described as:
Lying and being in China Grove Township, Rowan County, North Carolina, and
being Lots 54, 55, 56 and 57 as shown on the map of PATTERSON PARK, a map
of said property being on file in the Office of Register of Deeds in Book of Maps at
Page 351 and more particularly described as follows:
BEGINNING at a stake at the northwestern corner of the intersection of Wright
Street and Central Drive, and runs thence N. 2 E. 100 feet with the western edge of
Wright Street to a stake, front corner of Lot Nos. 57 and 58; thence N. 85 W. 150
feet with the southern lines of Lot No. 58 to a stake; back corner of Lots Nos. 57 and
58 in the line of Lot No. 53; thence S. 2 W. 100 feet with the eastern line of Lot No.
53 to a stake, corner of Lots Nos. 53 and 54 in the northern edge of Central Drive;
thence S. 85 E. 150 feet with the northern edge of Central Drive to the point of
BEGINNING and is that property conveyed by William T. Harrington and wife
Vannie L. Harrington to Hickory Woods, Inc. by Deed dated April 29, 1974 and
recorded in Record of Deeds Book 560, Page 864.
Being the one-half interest in that property conveyed to Nick D. Kaperonis (now
deceased) and wife Pearl M. Kaperonis by Deed of Hickory Woods, Inc. dated
November 21, 1977 and recorded in Book 579, Page 233 of the Rowan County
Public Registry.
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 Rowan County Register of Deed receives and records the written
concurrence of the Secretary (or his/her delegate) of DENR (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 DENR
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 DENR (or its successor in
function) shall be subject to enforcement by DENR 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, Andrew Lapayowker has caused this Notice to be
executed pursuant to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this loth day of
February ,2005.
FAST FARE,
Title: Vice President & Secretary
Signatory's name typed or printed:
STATE OF MARYLAND
BALTIMORE COUNTY
Andrew Lapayowker
I, Sally A. Banks , a Notary Public for said County and State, do hereby
certify that Andrew Lapayowker personally came before me this day and
acknowledged that he / she is vice President &SECof Fast Fare, Inc. and
acknowledged, on behalf of Fast Fare, Inc., the due execution of the foregoing
instrument.
WITNESS my hand and official seal, this the loth day of February , 2005.
(Official Seal)
Nfftary Public (signature)
Sally A. Banks
My commission expires 9 / 1 / 0 7 , 20
`?
►�d`;
•
,�
.
n i 9' � i .y �
f

Approved for the purposes of N.C.G/S. 14313-279.11
Steve Bograd, Regional
Mooresville Regional
UST Section
Division of Waste Management
N.C. Department of Environment and Natural Resources
NORTH CAROLINA
I raja I I COUNTY
I, G-A L • Murdy-h , a Notary Public for said County and State, do hereby certify
that Steve Bograd personally came before me this day and acknowledged that he is
Regional Supervisor of the Mooresville Regional Office, UST Section, Division of Waste
Management, N.C. Department of Environment and Natural Resources and
acknowledged, on behalf of the Mooresville Regional Office, UST Section, Division of
Waste Management, N.C. Department of Environment and Natural Resources, the due
execution of the foregoing instrument. Q
Witness my hand and official seal, this the O day of q, 2005.
(Official Seal)
Notary Public (signature)
My com.nission expires , 20Y