RA-6716_33873_G_ACCLTR_20210108_encrypted_ (2)

January 8, 2021

CERTIFIED MAIL RETURN RECEIPT REQUESTED 7018 1130 0000 1612 8328 Mr. Larry Ricks 4802 Rogers Road
Durham, NC 27704
RE: Cheek Road Grocery - 5801 Cheek Road Property Durham, Durham County, NC
Incident # - 38373
Dear Mr. Ricks:
The referenced property has been referred to the State of North Carolina Underground Storage Tank (UST) Trust Fund Branch, State-Lead Program. According to the available information, this property has been as a gas station/grocery store. In 2007, based on an inspection performed by the Department, free product was reported present underneath the dispenser islands. A Notice of
Violation was sent to the tank owner, Mr. Jerry Hinesley on July 20, 2007. Then in July 2010 a 20-Day Report report was submitted by the tank owner, Mr. Jerry Hinesley, in which among other things the report stated that the tanks had been removed in February 2010 and confirmed the presence of petroleum related contamination. No further assessment/remediation was performed at the site following submittal of the report. Based on Department information and the Durham
County Register of Deeds records, the property was foreclosed upon and it appears that you acquired the property on or about October 23, 2014 from Murkan, Inc. In November 2019 Mr. Hinesley informed the Department that he was not financially able to address the environmental situation at the site property.

Due to the documented presence of contamination at the referenced property, further assessment and possible remediation may be necessary. Based on the information available, you, as the current
owner of the property, are not considered the owner or operator of the tank(s), and therefore, not
responsible for the release associated with the original USTs in accordance with G.S. 143-215.94A. To determine the risk posed by the contamination at the subject property, the UST Section needs to access to the property to take all reasonable and necessary action(s) to conduct assessment and
remedial activities necessary to protect human health and the environment. Please sign the attached
site access agreement letter and return it in the self-addressed envelope enclosed. Please understand that failure to allow access to the property could potentially make you, as the property owner, responsible for cleanup under other State and Federal regulations. You will be notified when assessment and/or remedial activities begin.

Should there be any questions concerning this action, please contact me at [phone] or Mark Petermann at [phone].

Sincerely,

Wayne Randolph, CPM Interim Trust Fund Branch Manager UST Section

enclosure - Access Agreement