RA-1140_7509_C_NFA_20230906_Winnoco 5 NRP

North Carolina Department of Environmental Quality | Division of Waste Management
UST Section Central Office | 1646 Mail Service Center | Raleigh, NC 27699-1646 | [phone]

September 6, 2023

Amicus Investments LLC C/O William Garner 3675 Marine Drive Greenville, NC 27834
Re: Notice of No Further Action 15A NCAC 2L .0407(e)
Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Former Winoco #5, Speedway #8669 1640 N Garnett St Henderson, Vance County, NC UST Incident Number 7509 & 47921
Risk Classification: Low

Dear Mr. Garner:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste
Management, Raleigh Regional Office indicates that soil and groundwater contamination meet the cleanup
requirements for the above low-risk releases under Title 15A NCAC 2L .0202 and .0400, but contamination
exceeds the limits allowed for the unrestricted use of a site closed under risk-based cleanup standards.
The UST Section determines that no further action is warranted for this incident. All required actions have
been completed. On 8/31/2023, the UST Section received a certified copy of the Notice of Residual Petroleum, which is filed with the Register of Deeds on 8/25/2023, in Book 1436, Pages 845-846. This determination shall apply unless the UST Section later finds that the discharge or release poses an unacceptable risk or a potentially unacceptable risk to human health or the environment. Pursuant to Title 15A NCAC 2L .0407(a) you have a continuing obligation to notify the Department of any changes that might affect the risk or land use classifications that have been assigned.
Be advised that as groundwater contamination exceeds the groundwater quality standards established in Title 15A NCAC 2L .0202, groundwater within the area of contamination or within the area where
groundwater contamination is expected to migrate is not suitable for use as a water supply. Be advised that as soil contamination exceeds the residential MSCCs, the property containing the contamination is suitable only for industrial/ commercial use or restricted residential use (The term "residential is 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).
Interested parties may examine the file by contacting this regional office and may submit comments on the site to the regional office at the address or telephone number listed below.

North Carolina Department of Environmental Quality | Division of Waste Management
UST Section Central Office | 1646 Mail Service Center | Raleigh, NC 27699-1646 | [phone]

This No Further Action determination applies only to the subject incident; for any other incidents at the
subject site, the responsible party must continue to address contamination as required. If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Leaking
Petroleum Underground Storage Tank Cleanup Funds, please contact the UST Section Trust Fund Branch
at [phone].
If you have any questions regarding this notice, please contact me at the address or telephone number listed
below.

Sincerely,

Wayne Randolph, CPM
Trust Fund Branch Head
UST Section, Division of Waste Management, NCDEQ
Copied under separate letter:
Vance County Manager: Jordan McMillen, 122 Young St, STE B, Henderson, NC 27536
Vance County Health Director: Lisa Harrison, 115 Charles Rollins Rd, Henderson, NC 27536
Mark Powers, RRO
Northside Plaza Holding LLC, 28038 Dorothy Drive, Suite 100, Agoura Hills, CA 91301

RA-1140_7509_C_NFA_20230906_Winnoco 5 NRP
RA-28686_47921_C_NFA_20230906_Speedway 8669 NRP