HomeMy WebLinkAboutMO-4023_11855_C_NRP_20190502_Filed NORP & Public NoticesRECEIVED
ENGINEERING, INC.
Via: Certified Mail Return Receipt Requested
May 2, 2019
Ms. Trudy Beverly
North Carolina Department of Environment and Natural Resources
610 East Center Avenue, Suite 301
Mooresville, NC 28115
MAY 0°6 2019
NCDEQ MRO UST
Re: Proof of Filed Notice of Residual Petroleum and Public Notices
Eagle Oil Company, Cabarrus County
Incident Number 11855
Risk Classification: Low
Dear Ms. Beverly:
As follow up to the March 2, 2019 Conditional Notice of No Further Action letter issued by the
North Carolina Department of Environmental Quality (NCDEQ), Shield Engineering, Inc.
(Shield) is submitting the attached Notice of Residual Petroleum and proofs of delivery for the
Notice Concerning No Further Action letters (public notices).
On March 22, 2019 the fully executed Notice of Residual Petroleum (NORP) was filed with the
Cabarrus County Register of Deeds. The final NORP original is attached. On March 29, 2019
public notices were mailed via certified mail with return receipts requested to the local health
director, the chief administrative officer of the town and county, all property owners within or
contiguous to the site and where the contamination may migrate. Copies of the certified mail
receipts are also attached.
Having now provided proof of the filed NORP and the public notices, all NCDEQ requirements
to make the Conditional No Further Action determination effective have been completed. Next
we will abandon the monitoring wells on site.
If you have questions or comments, please contact David Stoner at (704) 394-6913.
Sincerely,
SHIELD ENGINEERI ArG, INC.
Matthew Smith David Stoner, P.G., P.E.
Project Manager Sr. Principal
cc: Mr. Dale Carpenter
4301 Taggart Creek Road Telephone 704.394.6913
Charlotte, NC 28208 www.shieldengineering.com Fax 704.394.6968
0
FILED
CABARRUS COUNTY NC
WAYNE NIXON
REGISTER OF DEEDS
FILED Mar 22, 2019
AT 11:53 am
BOOK 13425
START PAGE 0064
END PAGE 0069
INSTRUMENT # 06609
EXCISE TAX $0.00
SMs
NOTICE OF RESIDUAL PETROLEUM
Q Eagle Oil Company, Cabarrus County, North Carolina
w
The property that is the subject of this Notice (hereinafter referred to as the "Site")
contains residual petroleum and is an Underground Storage Tanlc (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 andior 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 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-279.1 I and has shall be recorded at the Cabarrus County
Register of Deeds' office Book . Page
Any map or plat required by DFQ has been/shall be recorded at the Cabarrus County Register of
Deeds' office Book _ , Page _ . and has been/shall be 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:
Reyised.lanuary 15. 20 133
Lying and being in the Town of Mt. Pleasant, No. 8 Township, CabarrUS 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 14-1114 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 110 feet to the point of the BEGINNING.
Second Tract: BEGINNING at an iron stake, corner of.1. 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 F-.ast 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 cisecl for indacvrialicoanmcrcial use onh'. Indusn iul/commercial use means a use
inhere exposure to .soil contamination is limited ci in time nd aloes not involve exposure to children
oi- other sensitive pol)ulations .such as the elderly or sick. The real property shall not be
developed or utilised for residential purposes including but not limited to: pi-imary or secondaiy
residences (permanent or tcinporarv), schools, ooYcarc centers, nairsing homes, lVaYgrounds,
parks, recreation areas andlor picnic arcas.
Groundwater: Groamdwater from the site i.s prohibited fi-oni nsc cis a water supph . [Pater supply lvells
of anv kind shall not he installed or operated on the .site.
Additional Affected Property Also Subject to Restrictions - Not Applicable
of is the owner in fee simple of a portion of
�oni�c�'.c .Aurnc�___ - ci(i l tiluleo on ne�.Y
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 Prof) t , Not Subiect to Restrictions
Additionally, residual petroleum is also located on the following property. The following
property is not subject to land use restrictions pursuant to N.C.G.S. Section 14 3B-279.9(b). The
following property is known and legally, described as:
Revised .lanuary 15. 2013
4
Lying and being in the Town of Mt. Pleasant, Number Eight (8) Township of CabarrUs 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 Southwestern 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. I lerrim thence continuing with the line offerrin South 25-31-21 West
40.28 feet to an iron stake, a corner of Herrin, thence continuing with the Tine of Herrin and R.D.
Burleyson (Deed Book 719, Page 4 1 ) 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 fi-ont corner of
Horton; thence with the East side of South Main Sheet North 03-00-44 Fast 154.98 feet to the point of
BEGINNING, as surveyed and platted by James T. West, RLS, February 1 5, 1999.
Additional Affected Property Not Subject to Restrictions
Additionally, residual petroleum is also located on the following property. The following
property is not subject to land use restrictions pursuant to N.C.G.S. Section 143E3-279.9(b). The
following property is known and legally described as:
Tract 1
BEGINNING at an iron stake on the south side off. Franklin Street in the town of Mt. Pleasant (said iron
has a bearing ol'South 14'/ West 421/2 feet fi-om Eli "Tree in L..1. Foil's 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
Lying and being in No. 8 Township, Cabarrus 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; ihencc South 36 degrees
West 891,6 feet to an iron stake, Herrin and Harwood corner; thence North 55'./ West 105.2 feet to the
BEGINNING, containing one -fifth (1 /5) of an 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 .kinuary 15. 2013
IN WITNESS WHEREOF, ha caused t NNotice to bee cuted pursuant to
N.C.G.S. Sections 143B-279.9 and 143B-279.11, this F day of �brM PV ,20f .
0A, 1'* 0 ; I co, I'
mar o/'r• po ) e party enl 1 s gning)
By:----�—
I, nrnure�i/' Ispons� le pc r• anorml, a other oge n i/' here is e)
f rt � CAT. . 9 r11'k 6� abr 46-
/ (� (T
Signatory's name typed or printed:
Choice Three: Conveying securit)t interest in personal property- of a corporation
N T CAROLINA
4TC4d-jCOUNTY
ane o/�con17t in which mknoule(gmem was taken)
I. A)plg x wi0c) r , a Notary Public for said County and State, do hereby certify that
��the
�the
personally came before m his day and acknowled ed that he is Presi ac-'-4
of cknowledgedon behalf o 1the grantor
due eoninstrument.
WITNESS my hand and official seal, this the 15 day of
(Official Sea])
L:ANGIE---LA
W DBLIC
unty
na
• 7, 2022
expires:
ved forthe purposes of
. G.S. 143 B-279.1 1
Regional Supervisor
of Regional Superrism)
— it
'OINy11Le Regional Office
UST ST
Division of Waste Management
Department of Environment Quality
NORTH C R �INA
_ COUNTY
(Make o/ cam(v m which ocknomledgmenl was taken)
ru�-r 20 % 1
gi"Notarn Public)
(prinied of hhed name of Noton- Public)
Notary Public
My commission , '
eg7 zr�z2'
I certify that the following person(s) personally appeared �•e m����e �th'� �it,s day, each acknowledging to me
that he or she signed the foregoing document: �1(A( , R-,� l-lrednameq/RegionalSupervism)
Revised.lanuary 15,2013
6
Date-g 41wI, 1q,ZD I_
(Official Seal)
20L9
UOK _IZ,
eapn•es:
(ciPnunn1.At �l�pi Public
(printed nr oped name u/,A'nlan Puhhc)
Notary Public--,d2oo/l1g�022
My commission ll
11Y 12, 2Dl q
RO i,Cd Januar) 15, 2013
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FORMER EAGLE COMPANY
PERTY OWNED BY URITY OIL
CO., INC.
(SUB T TO RESTRICT NS` \
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OUNDARY I
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/ n �� CCBEtL PROPERTIES, LL(
(NOT SUBJECT TO
RESTRICTIONS)
TOWN OF MT. PLEASANT PROPERTY /
(NOT SUBJECT TO RESTRICTIONS)
IN,
MAP MAY NOT BE A CERTIF[Ep SURVEY \
s not been reviewed by a local
merit agency for compliance with any
ble land -development regulations and \ been reviewed for compliance with
19 requirements for p►ats., V
LEGEND i
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.
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1. Article Addressed to: D. Is delivery address different from Item 17 ❑ Yes
If YES, enter delivery address below: ❑ No
Mayor Dale Eudy
Town of Mt. Pleasant
P.O. Box 787
Mt. Pleasant, NC 28124
3. Service Type
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T-TT
IELD
ENGINEERING, INC.
CERTIFIED MAIL RETURN RECEIPT REQUESTED
March 29, 2019
Mayor Dale Eudy
Town of Mt. Pleasant
P.O. Box 787
Mt. Pleasant, NC 28124
Subject: Notice Concerning No Further Action
NCDEQ Incident #11855
Eagle Oil Company
8400 East Franklin Street
Mount Pleasant
Cabarrus County
North Carolina
Dear Mr. EUdy,
This letter is to inform you that the North Carolina Department of Environmental Quality
(NCDEQ) has issued a No Further Action letter for the subject site where a discharge or release
from a petroleum underground storage tank system has occurred. The site has been assessed and
remediated but some petroleum contamination remains at the site either above the soil -to -
groundwater or residential soil levels, and/or the 15A NCAC 2L Standards for groundwater.
In accordance with North Carolina State regulations (15A NCAC 2L.0409) public notice of the
above is required to the following parties:
• Local health director;
• Chief administrative officer (i,e,, Mayor, Chairman of the County Commissioners,
County Manager, City Manager or other official of equal or similar position) of each
political jurisdiction in which the contamination occurs;
• All property owners and occupants within or contiguous to the area containing
contamination;
• All property owners and occupants within or contiguous to the area where the
contamination is expected to migrate.
4301 Taggart Creek Road Telephone 704,394.6913
www.shieldengineering,com
Charlotte, NC 28208 Fax 704.394,6968
Notice Concerning No Further Action
Eagle Oil
March 29, 2019
Page 2
Attached is the No Further Action letter that has been issued by the NCDEQ for the above -
mentioned site. If you have any questions, please contact David Stoner of Shield Engineering at
(704) 394-6913.
Sincerely,
SHIELD ENGINEERING, INC.
Matthew Smith
Project Manager
David A. Stoner, P.G., P.E.
Senior Principal
Attachment: No Further Action Letter
I [:\V roJects\201 1\1 1 10070-01 Engle Oil CompanyNte CI osure\Pub I ic Notice Letter to Mayor Fudy,doc
rELD
ROY COOPER
..;vr,rroi
MIC.HA.EL S. REGAN
SPi erary
MICHAEL SCOTT
Security Oil Company, Inc.
Attn. Dale Carpenter
Post Office Boy 5028
Concord, NC 28027
(via email)
Dear Mr. Carpenter:
c9LEUvi�_;
D
MAR 2 5 2019
SHIELD ENGINEERING, INC.
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 site where closed under risk -based
cleanup standards.
The UST Section determines the subject incident to be eligible conditionally for no further action
status. I lowever, final approval of no further action status is contin ge it 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 its a water supply. Be advised that as soil contamination may exceed the
residential MSCCs. the property containing the soil contaminat'on is suitable only for industrial
commercial use as stipulated in the Notice of Contaminated Site (attached).
--�-IDN>
t A-er i:i:tr '.tii
As groundwater contamination may exceed the groundwater quality standards established in Title
15A NCAC 2L .0202, and soil contamination may exceed the residentiial MSCCs, pursuant to NCGS 14313-
279.9 and 143B-279.1 1, 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 ofthe 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 snail (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 part} inCluded in the listin l above either received or affirmatively refused to accept
deli�cn of the copy of the letter, and/or documentation describing die 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 (919) 707-8 17 1.
If you have any questions regarding this notice, please contact me by email at
frutl� E3e}erl� �_r.�icdenr.�o�_ or telephone at (704) 235-2182.
Sincerely,
u
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: David Troutman, Cabarrus County Health Department (via entail)
Mike Downs, Cabarrus County Manager (via email)
David Stoner, Shield Engineering, Inc. (email & mail NORP)
Attachment: Notice of' Residual Petroleum (David Stoner, Shield Engineering)
I ustc
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If YES, enter delivery address below: [f No
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ELD
ENGINEERING, INC.
CERTIFIED MAIL RETURN RECEIPT REQUESTED
March 29, 2019
Mr. James Trogdon, Secretary of Transportation
North Carolina Department of Transportation
1501 Mail Service Center
Raleigh, NC 27699-1501
Subject: Notice Concerning No Further Action
NCDEQ Incident #11855
Eagle Oil Company
8400 East Franklin Street
Mount Pleasant
Cabarrus County
North Carolina
Dear Mr. Trogdon,
This letter is to inform you that the North Carolina Department of Environmental Quality
(NCDEQ) has issued a No Further Action letter for the subject site where a discharge or release
from a petroleum underground storage tank system has occurred. The site has been assessed and
rcmediated but some petroleum contamination remains at the site either above the soil -to -
groundwater or residential soil levels, and/or the 15A NCAC 2L Standards for groundwater,
hn accordance with North Carolina State regulations (15A NCAC 2L.0409) public notice of the
above is required to the following parties:
• Local health director;
• Chief administrative officer (i.e., Mayor, Chairman of the County Commissioners,
County Manager, City Manager or other official of equal or similar position) of each
political jurisdiction in which the contamination occurs;
• All property owners and occupants within or contiguous to the area containing
contamination;
• All property owners and occupants within or contiguous to the area where the
contamination is expected to migrate.
4301 Taggart Creek Road Telephone 704.394.6913
Chartolle, NC 28208 www.shieldenginaering.com Fax 704.394.6968
i9i
Notice Concerning No Further Action
Eagle Oil
March 29, 2019
Page 2
Attached is the No Further Action letter that has been issued by the NCDEQ for the above -
mentioned site. If you have any questions, please contact David Stoner of Shield Engineering at
(704) 394-6913.
Sincerely,
SHIELD ENGINEERING, INC.
Matthew Smith
Project Manager
David A. Stoner, P.G, P.E.
Senior Principal
Attachment: No Further Action Letter
II \Proiccls,\201 1\1 110070-01 Lagic Oil Company\Siie Closiurc\Pub I ic Noti cc Leiter to NC DOT, doc
ir V%
INC,
ROY COOPER
MICHAEI. S. REGAN
S (o pray,
MICHAEL SCOTT
Security Oil Company, Inc.
Attn. Dale Carpenter
Post Office Box �028
Concord. NC 2802"
(via email)
Dear Mr. Carpenter:
AEU vI P_
D
MAR 2 5 2019
SHIEL n ENGINEERM, INC.
:I 0 R'IF ;. `A 0
Environmental Quality
March 20, 2019
Re: Conditional Notice of No Further Action
I5A NCAC 2L .040?(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
F.agle 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 contin Je nt 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).
4V._i SI_:.
As groundwater contamination may exceed the groundwater duality standards established in Title
15A NCAC 2L .0202, and soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-
2799 and 143B-279.1 1, 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 partti include,i in the listinu above either received or affirmatively refused to accept
del i�cr, of the copy of' the letter, and/or documentation describing the manner in which the letter was
publicly posted, where applicahae. 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 (919) 707-8171.
Ifyou have any questions regarding this notice, please contact me by email at
frud� I3e� Uri,, << tIcden�r. » or telephone at (704) 235-2182.
Sincerely,
u
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)
.. .•,,e Elie k �_-,ntil t.r:�. Pi,! ('� i.ei u._ Ju;ti' it)I '�.li7i` .i ri!P Nr 7 a";�:'
r
SENDER:� COMPLETETHIS SECTION
COMPLETE THIS SECTION ON
DELIVERY
■ Complete items 1, 2, and 3.
A. Signature
■ Print your name and address on the reverse
X
❑Agent
so that we can return the card to you.
❑ Addressee
B. Receiv d b (P ntgd N )
ej,� �h O
C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
D. Is delivery address different'from item`i?' 'O,i'es
If YES, enter deliverry O'ddress below: p' 146�X
Mr. Mike Downs
t�
Cabarrus County
PO Box 707
Concord, NC 28026
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PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
ENGINEERING, INC.
CERTIFIED MAIL RETURN RECEIPT REQUESTED
March 29, 2019
Mr. Mike Downs, County Manager
C,abarrRS County
P.O. Box 707
Concord, NC 28026
Subject: Notice Concerning No Further Action
NCDEQ Incident #11855
Eagle Oil Company
8400 East Franklin Street
Mount Pleasant
Cabarrus County
North Carolina
Dear Mr, Downs,
This letter is to inform you that the North Carolina Department of Environmental Quality
(NCDEQ) has issued a No Further Action letter for the subject site where a discharge or release
from a petroleum underground storage tank system has occurred. The site has been assessed and
remediated but some petroleum contamination remains at the site either above the soil -to -
groundwater or residential soil levels, and/or the 15A NCAC 2L Standards for groundwater,
In accordance with North Carolina State regulations (15A NCAC 2L.0409) public notice of the
above is required to the following parties:
• Local health director.,
• Chief administrative officer (i.e., Mayor, Chairman of the County Commissioners,
County Manager, City Manager or other official of equal or similar position) of each
political jurisdiction in which the contamination occurs;
• All property owners and occupants within or contiguous to the area containing
contamination;
• All property owners and occupants within or contiguous to the area where the
contamination is expected to migrate.
4301 Taggart Creek Road Telephone 704,394.6913
Charlotte, NC 28208 www.shieldenglneering.com fax 704,394.6968
Notice Concerning No Further Action
Eagle Oil
March 29, 2019
Page 2
Attached is the No Further Action letter that has been issued by the NCDEQ for the above -
mentioned site. If you have any questions, please contact David Stoner of Shield Engineering at
(704) 394-6913.
Sincerely,
SHIELD ENGINEERING, INC.
Matthew Smith
Project Manager
David A. Stoner, P.G., P.E.
Senior Principal
Attachment: No Further Action Letter
IELD
INC.
ROY COOPER
_.: PO WX
MICHAEL S. REGAN
5t- ! Frare
'v,11CHAEL SCOTT
for
Security Oil Compan}, Inc.
Attn: Dale Carpenter
Post Office Boy 5028
Concord_ NC 28027
(via email)
Dear Mr. Carpenter:
o cGEUvL9
0
MAR 2 5 2019
SHIELD ENGINEERMIG, INC.
NORTI� CAF2^1 ;NA
Environmental Quality
March 20, 2019
Re: Conditional Notice of No Further Action
I5A 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 standard.
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 contin e it 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 contaminatilon is suitable only for industrial
commercial use as stipulated in the Notice of Contaminated Site (attached).
SU
f .r�^;�., -i. ;:. , e nll� _Jtif' r-r �`i F, S �r>• li .tiro ..... .; t_ti I"�)Ir xii5
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-
2799 and 143E-279.1 1, 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 ofthe 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 Fetter must be provided by certified wnail (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 contarnination 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 he 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 (919) 707-8171.
If you have any questions regarding this notice, please contact me by email at
[_rud} Be�erI _r ncdenr,_',)\ or telephone at (704) 235-2182.
Sincerely,
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: David Troutman, Cabarrus County Health Department (via entail)
Mike Downs, Cabarrus County Manager (via email)
David Stoner, Shield Engineering, Inc. (email & mail NORP)
Attachment. Notice of Residual Petroleum (David Stoner, Shield Engineering)
•.e �lic lanrnu.� �r,-„ A�siui�•. Suice +oi '�.ir�, ,ia�;,: ivy C.ar., 261i"
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IEL
ENUaliERING, INC.
CERTIF] ED MAII., RETURN RECEIPT REW-JESTED
March 29, 2019
Mr. David Troutman, Environmental Health Director
Cabarrus Health Alliance
300 Mooresville Road
Kannapolis, NC 28081
Subject: Notice Concerning No Further Action
NCDEQ Incident #11855
Eagle Oil Company
8400 East Franklin Street
Mount Pleasant
Cabarrus County
North Carolina
Dear Mr. Troutman,
']'his letter is to infori-ri You that the North Carolina Department of Environmental Quality
(NCDEQ) has issued a No Further Action letter for the subject site where a discharge or release
ftom a petroleum underground storage tank system has occurred. The site has been assessed and
ren-iediated but some petroleum contamination remains at the site either above the soil -to -
groundwater or residential soil levels, and/or the 15A NCAC 2L Standards for groundwater.
In accordance with North Carolina State regulations (I 5A NCAC 21-0409) public notice of the
above is required to the following parties:
Local health director;
• Chief administrative officer (i.e., Mayor, Chairman of the County Commissioners,
County Manager, City Manager or other official of equal or similar position) of each
political jurisdiction in which the contamination occurs;
• All property owners and occupants within or contiguous to the area containing
contamination;
• All property owners and occupants within or Contiguous to the area where the
contamination is expected to migrate.
4301 Taggart Creek Road Telephone 704.394,6913
www,shieldengineering.com
Charlotte, NC 28208 Fax 704,394.6968
Notice Concerning No Further Action
Eagle Oil
March 29, 2019
Page 2
Attached is the No Further Action letter that has been issued by the NCDEQ for the above -
mentioned site. If you have any questions, please contact David Stoner of Shield Engineering at
(704) 394-6913.
Sincerely,
SHIELD ENGINEERING, INC.
Matthew Smith
Project Manager
David A. Stoner, P.G., P.E.
Senior Principal
Attachment: No Further Action Letter
WfIrojects\201 1\1 1 10070-01 Eagle Oil Company\Siic ClosureTublic Notice Letter to Health Directordoe
IELD
ROY COOPER
MICHAEL S. REGAN
S('!Ftari
MICHAEL 5COTT
tor'
Security Oil Company, Inc.
Attn. Dale Carpenter
Post Office Box 5028
Concord. NC 28027
(via email)
Dear Mr, Carpenter:
Q c9EUvi �_;
D
MAR 2 5 2019
SHIELD ENGINEER144G, INC..
vc,R T
Environmental Quality
March 20, 2019
Re: Conditional Notice of No Further Action
I5A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Fagle Oil Company
100 E. Franklin St., Mt Pleasant
Cabarrus County
Incident Number: 11855
Risk Classification: Low
A rev le,,` 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 continent 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).
`'J n
9':rr t r,
As groundwater contamination may exceed the groundwater duality standards established in Title
15A NCAC 2L .0202, and soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-
279.9 and 143B-279.1 1, you must file the approved plat and declaration fora 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 Fetter must be provided by certified mail (or otherwise be made available
by posting in a prominent place 11' 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
deliver\ of the cop% of' the letter, and/or documentation describing dhe manner in which the letter was
publicly posted, where applicaHe. 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 (919) 707-81 71.
If you have any questions regarding this notice, please contact me by email at
f�rud\13evc rl� �r ricdenr.�n or telephone at (704) 235-2182.
Sincerely,
v
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: David Troutman, Cabarrus County Health Department (via entail)
Mike Downs, Cabarrus County Manager (via email)
David Stoner, Shield Engineering, Inc. (email & mail NORP)
Attachment: Notice of' Residual Petroleum (David Stoner, Shield Engineering)
1 � r-.t�ri I< <a.i�,[;I t`r-��re i � ., � (. - „� �•.e�uif��.5u�te� tol S6.x , i„.':� �� Ca?:� _'Sil':�