MO-4023_11855_G_C_20190320_Conditional NFA Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Security Oil Company, Inc.
Attn: Dale Carpenter
Post Office Box 5028
Concord, NC 28027
(via email)
Dear Mr. Carpenter:
NORTH CAROLINA
Environmental Quality
March 20, 2019
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Eagle Oil Company
100 E. Franklin St., Mt Pleasant
Cabarrus County
Incident Number: 11855
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.
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).
NORTHCAROUNAD_E Q�I
DapRbnant of Environmental Duallry
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(&ncdenr.gov or telephone at [phone].
Sincerely,
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: David Troutman, Cabarrus County Health Department (via email)
Mike Downs, Cabarrus County Manager (via email)
David Stoner, Shield Engineering, Inc. (email & mail NORP)
Attachment: Notice of Residual Petroleum (David Stoner, Shield Engineering)
NQRTHCARQUNAD_E Q��
DBparb—d o/ EnvkW—MI Dual
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

NOTICE OF RESIDUAL PETROLEUM
Eagle Oil Company, Cabal'ruS 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 14313-279.11. 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 14313-279.11, are strictly complied with. This "Notice of Residual
Petroleum" is composed of 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 143B-279.9 and 143B-279.1 I and has/shall be recorded at the Cabarrus County
Register of Deeds' office Book , Page _ _ .
Any map or plat required by DEQ has been/shall be recorded at the Cabarrus County Register of
Deeds' office Book , Page . and has been/shall he incorporated into the Notice by this reference.
Source Property
Security Oil Co., Inc. of Concord, North Carolina is the owner in fee simple of all or a portion of
the Site, which is located in the County of Cabarrus, and is known and legally described as:
Revised .1a11118ry 15, 201 3

Lying and being in the Town of Mt. Pleasant, No. 8 Township, Cabal'rUS County, North Carolina, at the
intersection of East Franklin Street and South Main Street, and more particularly described as follows:
First Tract: BEGINNING at a point in the intersection of East Franklin Street and South Main Street, and
runs thence with East Franklin Street South 64 East 102 feet to an iron stake thence South 25-1/2 West
81-1/3 feet to an iron stake, an old corner of the Masonic Lodge: thence with the line ofthe Masonic
Lodge North 58-1 /2 West 14-1/4 feet to an iron stake, corner of the Masonic Lodge: thence North 85-3/4
West 53-1/2 feet to an iron stake in the curb on South Main Street; thence with South Main Street North 6
East 1 10 feet to the point of the BEGINNING.
Second Tract: BEGINNING at an iron stake, corner of.l. T. Barringer, M. S. Lyles and Masonic Lodge,
and runs thence North 30 East 81.3 feet to a corner of the East edge of East Franklin Street; thence with
the edge of East Franklin Street South 61 East 25 feet to an iron stake, a new corner. thence a new
dividing line South 30 West 82.7 feet to an iron stake, a new corner in the line of.l. T. Barringer; thence
North 55-30 West 25 feet to the point of the BEGINNING.
For protection of public health and the environment, the following land use restrictions required
by N.C.G.S. Section 143 B-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
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 ibr indat.vtrial/cornrner•cial use only. Irrdar.vh'ial%conunerc ial use means a use
where exposure to soil corrtmnination is limited in time and cloes not involve exposure to children
or other sen.vitive populations such as the elderly or sick. The real property shall not be
developed or utilized for residential purposes including bait not limited to. prinrar-t, or secondarar
residence.v (pernumeni or teruporarr), schools, durrare centers, nursing homes, 1)1c11'�yo1..11 761s,
parks, recreation area.v crud/or picnic iu•ecev.
Groundrroter: Groamduvaler from the site is prohibilecl born use as a water srrppl'. bf'cNer supple wells
o/ cmY kind shall not be inslcrlled or operalecl on the site.
Additional Affected Property Also Subject to Restrictions - Not Applicable
of is the owner in fee simple of a portion of
/owner's Name2 (cm d stare of owners
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:
Additional Affected Property Not Subject to Restrictions
Additionally, residual petroleum is also located on the following property. ']'he following
Property is not subject to land use restrictions pursuant to N.C.G.S. Section 14313-279.9(b). The
following property is known and legally described as:
Revised .lanuary 15. 201 3
4

Lying and being in the Town of Mt. Pleasant, Number Eight (8) Township of Cabar'rUs County, North
Carolina on the East side of South Main Street, adjoining the property of Security Oil Company and
others, and being more fully described as follows:
BEGINNING at an iron stake on the East side of South Main Street, the old Southvvestern corner of
Security Oil Company (Deed Book 412, Page 625) and runs thence with the line of Security South 87-00-
00 East 52.98 feet to an iron stake; thence continuing with the line of Security and C.D. Herrin (Book
1177, Page 1 17) South 58-20-01 East 1 19.31 feet (passing and iron stake in line at 23.2 feet, a corner of
an old tract, and in line at 39.06 feet, corner of Security and Herrin) to an iron stake, a corner of Herrin in
the line of another tract of C.G. Herrin: thence continuing with the line of Herrin South 25-31-21 West
4028 feet to an iron stake, a corner of Iierrin; thence continuing with the line of Herrin and R.D.
Burleyson (Deed Book 719, Page 41) South 62-13-46 East 151.47 feet (passing an iron stake in line at
67.83 feet, corner oh Herrin and Burleyson) to an iron stake, corner of Burleyson; thence South 22-17-26
West 60.22 feet to an iron stake, corner of Sharon Horton (Deed Book 543, Page 300); thence with three
(3) lines of Horton as follows: First, South 25-02-05 West 32.92 feet to an iron stake, a corner of Horton;
thence Second, North 62-13-53 West 43.18 feet to an iron stake, a corner of Horton; thence Third, North
67-53-19 West 220.51 feet to an iron stake on the East side of South Main Street, the old front corner of
Horton; thence with the East side of South Main Sheet North 03-00-44 East 154.98 feet to the point of
BEGINNING, as surveyed and platted by James T. West. RLS, Februaryl5, 1999.
Additional Affected Property Not Subject to Restrictions
Additionally. residual petrolet1111 is also located on the following property. The following
property is not subject to land use restrictions pursuant to N.C.G.S. Section 14313-279.9(b). The
following property is known and legally described as:
Tract 1
BEGINNING at an iron stake on the south side off. Franklin Sheet in the town of Mt. Pleasant (said iron
has a bearing of South 14'/ West 42'/ feet from F_,hn Tree in L..I. Foils yard on north side of Franklin
Street); thence South 23 West 128 feet to a stone, Barnhardt's corner; thence south 64 East 68 feet to an
iron stake on Barnhardt's line; thence North 23 East 128 feet to an iron stake on south side of Franklin
Street; thence North 64 West 68 feet to the BEGINNING, containing 8704 square feet, more or less.
Tract 2
Lying and being in No. 8 Township. Cabarr'us County, North Carolina, said lot of land being known as
the Kindley Lot in the town of Mt. Pleasant and being described as follows:
BEGINNING at an iron stake, Kindley, Harwood, and Masonic Lot corner; thence North 30 degrees East
81 1/3 feet to an iron stake at the edge of East Franklin Street, M.S. Lyles` corner: thence with said East
Franklin Street South 61 East 107 feet to an iron stake. Lawson Herrin's corner; thence South 30 degrees
West 89', feet to an iron stake, Herrin and Harwood corner; thence North 55! , West 105.2 feet to the
BEGINNING. containing one -fifth (1/5) ofan acre more or less.
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.
Revised .Ianuary 15. 2013

IN WITNESS WHEREOF, ha caused tl • Notice to be e cuted pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.1 1, this f �"f h day of %$i�+ 20 r1.
By: ,04"let)--- —
(. TV
nano•" nJ' sponsr le pc r, auorner o ether ode a r/ here
Signatory's name typed or printed: /
Choice Three: Conveping secw-itt, interest in personal prupeH.1t ol'a (.01-pol-ation
N T ,CAROLINA
u- COUNTY
mne gfcounlr in which ackmnrleclgnrenl was taken)
I, A),melgx wt)0d , a Notary Public for said County and State, do hereby certify that n
��tb�edEueexecu
L ✓ personally came before rn his day and acknowled ed that he is PIrof _and acknowledged, on behalf o ) ij �� the grantor
'on of the foregoing instrument.
WITNESS my hand and official seal, this the 15 day of
(Official Sea])
ANGEL R, p
NOTARY• PUBLIC
Cabarrus County
CommNrh Carolina
7, 2022
expires:
.G.S. 14313-279.1 1
Zegional Supervisor
USTSection
Division of Waste Management
Department of Environment Quality
� J R
COUNTY
(Nn re o/'counh, in which ncknau•ledgmem was iaken)
F,E,bI-ae_ 20
(SlglAure (?fNoaur Public)
(primed or heed name qJ NWary Public)
Notary Public
f e z 2e, G Z
My commission �cS''
l certify that the following person(s) personally
ument:'Tappeared before me this day, each acknowledging to me
that he or she signed the foregoing do(AI1,16VU&W, liednrm,e(,/'ae•¢iom,lsr,pen•i.,•ar)
Revised .1anuary 15. 20 13
6

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(Official Seal)
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LEGEND f
— — — — — APPROXIMATE EXTENT OF SOIL CONTAMINATION EXCEEDING
THE NC MAXIMUM SOIL CONTAMINANT CONCENTRATIONS
SOIL TO GROUNDWATER OR RESIDENTIAL LEVELS
APPROXIMATE EXTENT OF GROUNDWATER
CONTAMINATION EXCEEDING THE 15A NCAC 2L
GROUNDWATER STANDARDS
— — PROPERTY BOUNDARY
NOTES:
1. APPROXIMATE EXTENT OF SOIL CONTAMINATION REFERENCE: SEI ENGINEERING
AND GEOLOGICAL SERVICES, P.C. SITE MAP - FIGURE 5, 05/04/05.
2, ALL LOCATIONS ARE APPROXIMATE,
3. APPROXIMATE EXTENT OF GROUNDWATER CONTAMINATION BASED ON
GROUNDWATER SAMPLES COLLECTED ON 06/01/17,
GRAPHIC SCALE
0 10 20 30 40 50
SCALE: 1 in. = 50 ft.

Beverly, Trudy
From: David Stoner <[e-mail]>
Sent: Wednesday, March 20, 2019 11:35 AM
To: [e-mail]
Cc: Beverly, Trudy
Subject: RE: [External] Re: Eagle Oil Company - UST Incident #11855 — Conditional No Further
Action Letter
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Dale, after you receive the NORP from the NCDEQ and file it with the Cabarrus County Register of Deeds, please send us
an original certified copy of the filing and we will do the Public Notices.
Thank you,
David
David A. Stoner, P.G., P.E.
Sr. Principal/Vice President
Shield Engineering, Inc.'s Risk Management Group 4301Taggart Creek Rd.
Charlotte, NC 28208
ph. [phone]
fax [phone]
e-mail [e-mail]
Shield Engineering's Action Environmental Group is now Shield Engineering's Risk Management Group with additional
expertise and service lines!
Don't forget to visit our new website and stay up-to-date with what's going on at www.ShieldEngineering.com This
message is intended only for the use of the addressee and may contain information that is PRIVILEGED and
CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby
notified that any dissemination of this communication is strictly prohibited. If you have received this communication in
error, please erase all copies of the message and its attachments and notify us immediately. Thank you.
-----Original Message -----
From: Beverly, Trudy [mailto:[e-mail]]
Sent: Wednesday, March 20, 2019 10:59 AM
To: David Stoner
Subject: RE: [External] Re: Eagle Oil Company - UST Incident #11855 — Conditional No Further Action Letter
Thanks for letting me know.
Trudy
-----Original Message -----
From: David Stoner [mailto:[e-mail]]
Sent: Wednesday, March 20, 2019 10:50 AM
To: Beverly, Trudy <[e-mail]>

Cc: Dale Carpenter <[e-mail]>
Subject: [External] Re: Eagle Oil Company - UST Incident #11855 — Conditional No Further Action Letter
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Trudy, please send the original NORP to Mr. Carpenter, he is going to file it with the Register of Deeds.
Thank you,
David
David A. Stoner, P.G., P.E.
Shield Engineering, Inc./Risk Management Group

Beverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, March 20, 2019 10:45 AM
To: 'Dale Carpenter'
Cc: 'David Stoner'; 'Mike Downs'; 'David Troutman'
Subject: Eagle Oil Company - UST Incident #11855 — Conditional No Further Action Letter
Attachments: MO-4023_11855_C_NFA_20190320_Conditional NFA Letter.pdf
Mr. Carpenter,
Please see the attached Conditional No Further letter for Eagle Oil Company (UST Incident #11855) located at 100 E.
Franklin St., Mount Pleasant NC.
Mr. Stoner,
A copy of the Conditional No Further Action Letter with the original signed and notarized Notice of Residual Petroleum
will be mailed to you today to file with the Cabarrus County Register of Deeds.
Trudy
Tle x*-, Lam.
NORTH CAROLINA LIST fteii14 Momayft Rid Offim
Department of Environmental Qua ay C." 235-210 (O
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: h!Ws:Hdeq.nc.,gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: hops://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deg.nc.g_ov/about/divisions/waste-management/waste-management-rules-data/waste-mana eg ment- ig s=maps
File Review Procedures:
http s://deq. nc.,gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hltps:Hedocs.deq.nc.gov/WasteManagement/Search.asp
Document Submittal & UST File Names for Laserfiche Policies:
httns:Hfiles.nc. aov/ncdea/Waste%20Manaeement/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMe
mo%20Update.pdf
httns:Hfiles.nc. eov/ncdea/Waste%20Manaizement/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.d
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