FA-29833_48935_C_NFA_20230510

North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 |
[phone]

April 5, 2023
KPS Property, LLC
Todd Snyder
101 Wolverine Rd
Cary, NC 27513

Re: Conditional Notice of No Further Action
15A NCAC 02L .0407(e)
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks

KPS Property
200 Hawkins Ave, Sanford
Lee County
Incident Number: 48935
Risk Classification: Low

Dear Todd Snyder:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste
Management, Wilmington 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 restricted residential use
("residential" being inclusive of, but not limited to, private houses, apartment complexes, schools, nursing
homes, parks, recreation areas and day care centers), as stipulated in the Notice of Residual Petroleum
(attached).
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 143B-
279.9 and 143B-279.11, you must file the approved Notice of Residual Petroleum (attached) with the
Register of Deeds in the county in which the release is located and submit a certified copy to the UST
Section within 30 days of receipt of this letter.
Page 2 of 2
48935
April 5, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 |
[phone]

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 02L .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 the actions that must be taken or the rules mentioned in this letter,
please contact me at [e-mail] or [phone].
Sincerely,

Lauren Richardson
Hydrogeologist
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: William Heath Cain, Lee County Health Department
John Sherrill ([e-mail]); Christoph Boshoff, Cohesion ([e-mail])

Attachment: Notice of Residual Petroleum
Mailing Address:
Telephone:
Website:
5216 Yates Mill Pond Rd.,
Raleigh,NC 27606
919-233-8626
www.cohesion-inc.com
PROOF FOR CONDITIONAL NFA –NRP &PUBLIC NOTICES
Date:May 8,2023
Property Owner:KPS Property,LLC
Reference:200 Hawkins Ave
Sanford,NC 27330
NCDEQ Incident Number:48935
Cohesion was contracted to process and record the Notice of Residual Petroleum (NRP)and
send Public Notices to recipients as defined by the North Carolina Department of Environmental
Quality (NCDEQ)to satisfy requirements indicated in the Conditional Notice of No Further
Action (NFA).The Conditional Notice of NFA is attached in Appendix A.The report is to provide
NCDEQ proof those conditions were met.
NRP
The notarized NRP was recorded at the Lee County Register of Deeds Office.The NRP with
proof of recordation is attached in Appendix B.
Public Notices
On April 11,2023,Public Notices were prepared and mailed via certified mail.The Public Notice
letters,the receipt list,and proof of mailing and receipts are attached in Appendix C.The
information provided in the report should satisfy NCDEQ’s conditions to provide a final Notice of
No Further Action for the referenced incident.
Feel free to contact us should you have any questions or concerns.
Christoph Boshoff
Project Manager
Cohesion,Inc.
[e-mail]
1
APPENDIX A -NCDEQ’S CONDITIONAL NO
FURTHER ACTION LETTER
2

North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 |
[phone]

April 5, 2023
KPS Property, LLC
Todd Snyder
101 Wolverine Rd
Cary, NC 27513

Re: Conditional Notice of No Further Action
15A NCAC 02L .0407(e)
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks

KPS Property
200 Hawkins Ave, Sanford
Lee County
Incident Number: 48935
Risk Classification: Low

Dear Todd Snyder:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste
Management, Wilmington 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 restricted residential use
("residential" being inclusive of, but not limited to, private houses, apartment complexes, schools, nursing
homes, parks, recreation areas and day care centers), as stipulated in the Notice of Residual Petroleum
(attached).
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 143B-
279.9 and 143B-279.11, you must file the approved Notice of Residual Petroleum (attached) with the
Register of Deeds in the county in which the release is located and submit a certified copy to the UST
Section within 30 days of receipt of this letter.
Page 2 of 2
48935
April 5, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 |
[phone]

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 02L .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 the actions that must be taken or the rules mentioned in this letter,
please contact me at [e-mail] or [phone].
Sincerely,

Lauren Richardson
Hydrogeologist
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: William Heath Cain, Lee County Health Department
John Sherrill ([e-mail]); Christoph Boshoff, Cohesion ([e-mail])

Attachment: Notice of Residual Petroleum
APPENDIX B -RECORDED NOTICE OF
RESIDUAL PETROLEUM
4
APPENDIX C -PROOF OF PUBLIC NOTICES
6
#Adjacent Property Recipients Mailing Addresses City,State Zip Tracking #
1 N/A Public Official City of Sanford PO Box 3729 Sanford NC 27331 7022 2410 0002 2603
4481
2 N/A Public Official Lee County Public Health 106 Hillcrest Dr Sanford NC 27330 7022 2410 0002 2603
4474
3 117 First St Original Investors PO Box 2825 Sanford NC 27331 7022 2410 0002 2603
4535
4 206 Hawkins Ave Progressive Development
Co,LLC 115 Chatham St Suite 301 Sanford NC 27330 7022 2410 0002 2603
4542
5 118 &120 Hawkins Ave ATO Investment
Properties,LLC 201 Cherwell Rd Cary NC 27513 7022 2410 0002 2603
4566
6 203 &205 Hawkins Ave First Presby CH of SFD
NC 203 Hawkins Ave Sanford NC 27331 7022 2410 0002 2603
4573
7
#Adjacent Property U.S.Postal Service
Certified Mail Receipt Domestic Return Receipt or USPS.com Tracking Status
1 City of Sanford
2 Lee County Public
Health
8
#Adjacent Property U.S.Postal Service
Certified Mail Receipt Domestic Return Receipt or USPS.com Tracking Status
3 117 First St
4 206 Hawkins Ave
9
#Adjacent Property U.S.Postal Service
Certified Mail Receipt Domestic Return Receipt or USPS.com Tracking Status
5 118 &120 Hawkins
Ave
6 203 &205 Hawkins
Ave
10
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12
13
14
15
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