FA-759_13454_C_NFA_20230831

North Carolina Department of Environmental Quality | Division of Waste Management
Fayetteville Regional Office | 225 Green Street | Suite 714 | Fayetteville, NC 28301 | [phone]

August 31, 2023

DELIVERED BY EMAIL ATTACHMENT

Mr. Matthew Atkins
Sr. Manager, Environmental Remediation
CSX Transportation
1590 Marietta Blvd., NW
Atlanta, GA 30318

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

Signal Department Building CSX
CSX Facility Hwy. 177
Hamlet, Richmond County
Incident Number: 13454
Risk Classification: Low
Ranking: L-115-D

Dear Mr. Atkins:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste
Management, Fayetteville 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 closed using risk-based cleanup standards.
The UST Section determines that no further action is warranted for this incident. All required actions have
been completed. On August 24, 2023, the UST Section received a copy of the Declaration of Perpetual
Land Use Restrictions (DPLUR) which is filed with the Richmond County Register of Deeds (recorded
8/21/2023, Bk: 1974, Pg: 540-545, along with associated plat). This recordation was done on behalf of an
incident with the Inactive Sites Branch and the land use restrictions and specified restriction area encompass
and are applicable to the petroleum release associated with UST Incident #13435.
UST Section staff with the Fayetteville Regional Office will provide public notice regarding this No Further
Action.
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 02L .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.
Page 2 of 2
Incident Number: 13454 August 31, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
Fayetteville Regional Office | 225 Green Street | Suite 714 |Fayetteville, NC 28301 | [phone]

Be advised that as groundwater contamination exceeds the groundwater quality standards established in
Title 15A NCAC 02L .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 may exceed the residential MSCCs, the property containing the contamination is
suitable only for industrial/ commercial use as stipulated in the Declaration of Perpetual Land Use
Restrictions (recorded copy attached).
Interested parties may examine the incident file contents by contacting this regional office and may submit
comments on the site to the regional office at the address or telephone number listed below.
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 Fund, please contact the UST Section Trust Fund Branch
at [phone].
If you have any questions regarding the actions that were taken or the rules mentioned in this letter, please contact Ken Currie at the address or telephone number listed below.
Sincerely, Mike Haseltine, L.G. Regional Supervisor Fayetteville Regional Office UST Section, Division of Waste Management, NCDEQ
Attached: Declaration of Perpetual Land Use Restrictions (recorded copy)
cc: Cheryl Speight, Interim Health Director, Richmond County Health Department, Rockingham, NC (email copy)
Bryan Land, County Manager, Richmond County, Rockingham NC (email copy) Matthew Christian, City Manager, City of Hamlet, Hamlet, NC (email copy)
J. Alan Pinnix, Arcadis U.S., Inc., Raleigh, NC (email copy)
BOOK 1974 PAGE 540(s) 27s203
lii IililitiilililtiItiililil til
Filed: 08121 12023 02.0417 PM
Kimberly M. Roberts, Register of Deeds
Richmond Countv, NC
DECLARATION OF PERPETUAL LAND USE RESTRICTIONS
For Property Owned by: CSX Transportation
The real property which is the subject of this Declaration of Perpetual Land Use
Restrictions ("Declaration") is contaminated with hazardous substances and is an
INACTIVE HAZARDOUS SUBSTANCE OR WASTE DISPOSAL SITE (..thc SitC'') AS
defined by North Carolina's Inactive Hazardous Sites Response Act of 1987, which consists
of Section 1304-310 through Section 1304-310.19 of the North Carolina General Statutes
(*N.C.G.S.''). This Declaration is part of a Remedial Action Plan for the Site that has been
approved by the Secretary of the North Carolina Department of Environmental Quality,
Division of Waste Management, Superfund Section or its successor in function, or his/her
delegate, as authorized by N.C.G.S. Section 1304-310.3(f). The North Carolina
Department of Environmental Quality shall hereafter be referred to as "DEQoo. Hereafter,
the Division of \ilaste Management, Superfund Section shall be referred to as "Superfund
Sectiono'.
CSX Transportation, 500 Water Street Jacksonville,FL 32202 is the owner in fee simple
of the property ("the Property"), which is located at36l CSX Dr. in the County of Richmond,
Township of Marks Creek, State of North Carolina, and is a portion of the real property legally
described in Deed Book 255 Page 61, Deed Book 333 Page 620, Deed Book 340, Page 17, Deed
Book 340, Page 31, Deed Book 340 Page l2l, and Deed Book 340 Page 48, Deed Book
258,page 590, Deed Book 340, page 101, Deed Book 340, page 139, Deed Book 340, page 147 ,
Deed Book 340, page 463,Deed Book 340, page 497, Deed Book 340, page 627 and Act of the
Legislature of the State of North Carolina 1855 chapter 230 in the Office of the Register of
Deeds for Richmond County. The Property is also shown on a Notice of Restricted Use, in the
form of a sulvey plat ("Notice Plat"), which has been recorded prior to the recordation of this
Declaration in Map Book$l_ Page L) in the Office of the Register of Deeds for Richmond
County.
For the pu{pose of protecting public health and the environment, CSX Transportation
hereby declares that all of the Property shall be held, sold and conveyed subject to the following
perpetual land use restrictions, which shall run with the land; shall be binding on all parties
having any right, title or interest in the Property or any part thereof, their heirs, successors and
assigns; and shall, as provided in N.C.G.S. Section 1304-310.3(Ð, be enforceable without regard
to lack of privity of estate or contract, lack of benefit to particular land, or lack of any property
interest in particular land. These restrictions shall continue in perpetuity and cannot be amended
or canceled unless and until the Richmond County Register of Deeds receives and records the
written concuffence of the Secretary of DEQ or its successor in function, or his/her delegate. If
any provision of this Declaration is found to be unenforceable in any respect, the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or
Reqister of Deeds
Page I of5
impaired.
PERPETU I,I,AND USE RES ICTIONS
1. The Property shall be used exclusively for commercial or industrial purposes but shall not be
used for or contain child-care facilities, schools, parks, recreational areas, athletic fields,
farms, or pastures for grazing.
2. No activities that would cause the exposure, removal, or use of groundwater, including but not
limited to, installation of water supply wells, fountains, ponds, lakes, swimming pools or other
features that use groundwater, or construction or excavation activities that would encounter or
expose groundwater may occur on the Property without prior approval of Superfund Section
or its successor in function.
3. Each person who owns any portion of the Property shall submit a letter, in January of each
year on or before January 31't, to the Superfund Section or its successor in function,
conf,trming the following:
a. This Declaration is still recorded in the Office of the Richmond County Register of
Deeds.
b. Activities and conditions at the Property remain in compliance with the land use
restrictions herein.
c. The Property has not been subdivided since the last letter report submitted to the
Superfund Section. If the Property has been subdivided since the last letter report,
notice of same shall be provided to the Superfund Section together with the name,
address, and contact information of any new owner of any portion of the Property.
4. No person conducting environmental assessment or remediation at the Site or involved in
determining compliance with applicable land use restrictions at the Property, at the direction
of, or pursuant to a permit or order issued by the Superfund Section or its successor in
function may be denied access to the Property for the purpose of conducting such activities'
5. Each person who owns any portion of the Property shall cause the instrument of any sale,
lease, grant, or other transfer of any interest in the Property to include a provision expressly
requiring the lessee, grantee, or transferee to comply with this Declaration. The failure to
include such provision shall not affect the validity or applicability of any land use restriction
in this Declaration.
Page 2 of 5
REPRESENTATIONS AND WARRANTIES
The Declarant hereby represents and warrants to the DEQ that the Declarant is the sole owner of
the Property holding fee simple title to the Property free, clear and unencumbered except for
utilities (including manhole covers and sewer), easements, rights of way, conditions, covenants,
and other matters recorded in the Richmond County Registry; that Declarant has the power and
authority to enter into this Declaration, to grant the rights and interests herein provided; that this
Declaration will not materially violate or contravene or constitute a material default under any
other agreement, document or instrument to which Declarant is a party or by which Declarant
may be bound or affected.
ENFORCEMENT
Adherence to the above land use restrictions is necessary to protect public health and the
environment. The restrictions are an integral part of the remedy for the contamination at the Site
and shall be enforceable without regard to lack of privity of estate or contract, lack of benefit to
particular land, or lack of any property interest in particular land. These land use restrictions
rnutt b" enforced by any owner, operator, or other party responsible for any part of the Site. The
above land use restrictions may also be enforced by the Superfund Section through the remedies
provided in N.C.G.S. Chapter 1304, Article 1, Part 2 orby 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 Declaration without the approval of the Superfund Section or its successor
in function shall constitute noncompliance with the Remedial Action Plan approved by the
Superfund Section for the Site and shall be subject to enforcement by the Superfund Section to
the full extent of the law. Failure by any party required or authorized to enforce any of the above
restrictions 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.
FUTURE SAI,ES.I,EASES.YANCF],S AND ANSF'ERS
When any portion of the Property is sold, leased, conveyed or transferred, pursuant to
N.C.G.S. Section 1304-310.8(e) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the real property being sold, leased, conveyed, or transferred has been used as a
hazardous substance or waste disposal site and a reference by book and page to the recordation
of the Notice of Restricted Use / Notice of Residual Contamination referenced in this
Declaration.
Page 3 of5
OWNER SIGNATURE
IN WITNESS WHEREOF, I, exercising power of attorney for CSX Transportation, Inc.
execute these presents on this Z day of fl uåuo I 20zs .
Signatory's name typed or printed:
Signatory's title typed or printed:
Owner name typed or printed:
Signature:
STATE OF FLORIDA
COUNTY OF DWAL
I,Sr#m A.w¡f s"J .aNotary Public, do hereby certifY that
-ToM appeared before me this daY,
produced proper identification in the of and "declared that"
"het' or ttshett ttis the"toofl'Transportation, Inc. "and that bY
authority duly given, and as the act of'CSX Transportation, Inc. "he" or "she" "has signed this
Declaration.
WITNESS my hand and official seal thisffdav or hlålitS1 ,20?b.
otary Public
Yt lrprrâ¿,rt [¿¡,I tsLa]¿ qnÁ. \wl,",{"r,¿l Daalo'¿'t*'+
))
/,My Commission exprres
IsEAL]
Page 4 of 5
APPROVAL AND CERTIFICATION OF THE NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL OUALITY
The foregoing Declaration of Perpetual Land Use Restrictions is hereby approved and
certified.z
By:4¡t¡'lL kz
William F. Hunneke, Chief
Superfund Section
Division of Waste Management
North Carolina Department of Environmental
Quality
STATE OF NO
COTINTY OF
LINA
personally
produced proper identification in the form of c.
Declaration.
WITNESS my hand and official seal this LSuv of
a Notary Public, do hereby certify that
before me this day,
and signed this
*1 2013
t/
otary Public
B.
I,
È4cL fi doaTMy Commission explres
IsEAL]çroTA R¡-
Þr¡
Þug uto
REGIS OF'DE,EDS CATION CO
The foregoing Declaration of Perpetual Land Use Restrictions is certified to be duly
recorded at the date and time, and the Book and Page, shown on the first page hereof.
of Deeds County
B
tl l,l.
or print and title
Page 5 of5