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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 0 x V 8 PR Z V PRO pRo pFRTr FgST / eoGN\ \ .� sTR / CANOPY FFT FORMER EAGLE COMPANY PERTY OWNED BY URITY OIL CO., INC. (SUB T TO RESTRICT NS` \ °� \ J= OUNDARY I /oQ Q- / 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. ■ Complete items 1, 2, and 3. A. Sigpat re ■ Print your name and address on the reverse X El Agent so that we can return the card to you. L ❑ Addressee IN Attach this card to the back of the mailpiece, B. Rece' d by (Pri t d Name) C. Date of Delivery or on the front if space permits. VA, A 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 ❑ Priority Mail s® II I IIIIlI IIII III I III Hill 1111111111111111111111 ❑ Adult Signature ailT11 ❑Registered MailrM ❑ dult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 3960 8060 6698 56 certified Mail® ertified Mail Restricted Delivery Delivery Receipt for ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ,;Return Merchandise ❑ Signature ConfirmationrM 2. Article Number (Transfer from service label) n 1---fired Mail ❑ Signature Confirmation 7 018 1130 0001 4320 1079 fired Mail Restricted Delivery Restricted Delivery :r $500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 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 ti .,. ,• a,ii I< O.nn.;l i.+"re i t .�..' i � lvei a �. >u�te ,t)i _, , i-...: !�� ,, C.a.. i :'fii15 ■ Complete items 1., 2, and 3. A. Signature ❑ Agent ■ Print your name and addresssen the reverse X so that we can return the card to you. ❑ Addressee B. Received by (Printed Name) ■ Attach this card to the back of the mailpiece, C. Date of Delivery or on the front if space permits. 1. Article Addressed to: Mr. James Trogdon NC DOT .01 Mail Service Center Raleigh, NC 2-7699-1501 D. Is delivery address different from item 1? l_I Yes If YES, enter delivery address below: [f No 3. Service Typo [I Priority Mail Express® 1l I Illlil III 1111I I 1111l I I I'll I I�l !I Ill I I Ili ❑ Adult Signature ❑Registered MajlTM Adult Signature Restricted Delivery ❑ Registered Mail Restricted Delivery 9590 9402 3960 "8060 6698 49 Certified Mail® ❑ Certified Mail Restricted Delivery Return Receipt for ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise ❑ Signature Confirmation'"' 2. Article Number (Transfer from service label) Insured Mail Q Signature Confirmation 7018 11 Q 0001 4320 1062 ,rured Mail Restricted Delivery )Ver $500) Restricted Delivery rS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 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 `; - e 3. Service Type :; ❑ Priority Mail Express® 1 i l II'I III I'I I II I I1' III (') I I I I I I Adult Signature ❑ Adult Signature Restricted Delivery 11 Registered Ma]M�� El Registered Mai(Restricted 9590 9402 3960 8060 669863 ❑ Certifled Mail® rtified Mail Restricted Delivery 11 <eliyery; ti�Return Receipt for 2, Article Number {Transfer from service label) ❑ Collect on Delivery erchandise ❑ Collect on Delivery Restricted Delivery El Signature ConfirmationTM Insured Mali ❑ Signature Confirmation 7 018 1130 0001 4320 1048 Insured Mail Restricted Delivery Restricted Delivery (over$500) 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" 4/30/2019 USPS.com@ - USPS Tracking@ Results USPS Tracking® FAQs > (https://www.usps.com/fags/uspstracking-faqs.htm) Track Another Package + Tracking Number: 70181130000143201055 Remove X Expected Delivery on MONDAY APRIL by 2019 (D 8:00pm p m CD OV DeliveredCL v April 1, 2019 at 9:54 am � Delivered, Left with Individual KANNAPOLIS, NC 28081 Get Updates \/ Text & Email Updates u Tracking History u Product Information u See Less n Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. https://tools.usps.com/go/TrackConfirmAction?gtc_tLabelsl=70181130000143201055 IF% Try 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':�