NCG510352_Email Response to Inspection Report_20190808

Strickland, Bev
From: Hafshejani, Brenda
Sent: Monday, August 19, 2019 10:29 AM
To: Powers, Mark; Thomas, Zachary T; [e-mail]
Subject: RE: [External] Former Robbie's Texaco Halifax County
Attachments: NRP instruct 0116.dotx
Mr. Kane
Please convey our condolences to the Robinson family. This site is eligible for closure with a Notice of Residual
Petroleum for groundwater. I received information in March 2019 of the abandonment of the water supply well. I am
going to attach the instructions also for your convenience. I sent the Notice of Regulatory Requirements (NORR) for the
NRP in March 2019. If you have any questions please contact me.
Brenda Hafshejani
Brenda R. Hafshejani
Environmental Engineer
UST Section, Raleigh Regional Office
NCDEQ, Division of Waste Management
919-791-4200 Voice
919-571-4718 Fax
Brenda. hafsheiania-ncdenr.gov
1628 Mail Service Center
Raleigh, NC 27699-1628
From: Powers, Mark
Sent: Friday, August 16, 2019 3:17 PM
To: Hafshejani, Brenda <[e-mail]>
Subject: FW: [External] Former Robbie's Texaco Halifax County
Hi Brenda,
Can you reach out to Zach and Mr. Kane? Mr. Kane may be able to facilitate incident closure...
Thanks,
Mark
From: Thomas, Zachary T <[e-mail]>
Sent: Friday, August 16, 2019 3:09 PM
1

To: Powers, Mark <[e-mail]>
Subject: FW: [External] Former Robbie's Texaco Halifax County
Hello Mr. Powers,
We recently performed an inspection at a groundwater remediation facility and found it to be abandoned. In our issued
inspection report we recommended that the permit be rescinded pending a review by the UST section.
I was contacted by Mr. Kane, via the emails below, after they received the letter.
Is there anyway your group could speak with him about this site and the steps they may need to take moving forward?
The UST incident number is 5884 and the NPDES permit number is NCG510352.
Please let me know if you have any questions or if I can assist further.
Thanks,
Zach Thomas
Environmental Specialist I
NCDEQ— Division of Water Resources
Raleigh Regional Office
Office: 919-791-4247
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: PJ Kane [mailto:[e-mail]]
Sent: Friday, August 16, 2019 10:01 AM
To: Thomas, Zachary T <[e-mail]>
Subject: RE: [External] Former Robbie's Texaco Halifax County
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Zach,
I am usually not in the FL office I should probably change my email signature. Best way to reach me is my cell
713-725-3122. 1 am around today and pretty open Monday as well.
From: Thomas, Zachary T[mailto:[e-mail]]
Sent: Friday, August 16, 2019 8:23 AM
To: PJ Kane
Subject: RE: [External] Former Robbie's Texaco Halifax County
Hello Mr. Kane,

I am very sorry to hear that. I would certainly be willing to speak with you about the permit at Robbie's Texaco. I called
your office a few days ago, but I think you were out of the office that day. Please let me know what days you would be
available to speak.
Thanks!
Zach Thomas
Environmental Specialist I
NCDEQ— Division of Water Resources
Raleigh Regional Office
Office: 919-791-4247
4,-e--DEQ
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Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: PJ Kane [mailto:[e-mail]]
Sent: Thursday, August 8, 2019 10:56 AM
To: Thomas, Zachary T <[e-mail]>
Subject: [External] Former Robbie's Texaco Halifax County
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Zach,
A friend of mine, Anthony Robinson, sent me a pic of the attached letter recently sent to Lucille Robinson
regarding the Robbie's Texaco property I referenced in subject. Lucille, his grandmother, passed away last week at the
age of 90 and the family is working on sorting out her affairs. They found the letter a few days ago and Anthony asked
me to help figure out what to do regarding the property since I happen to live in the "UST" world. If you have time in the
next few days perhaps we could have a quick call and you can bring me up to speed on the big picture? I am happy to
help the family out and work with you on a plan to address what needs to be done.
Regards,
P.J. Kane
Valley Tank Testing
Phone: [phone]
Fax: [phone]
www.valleytank.com

UST2004
INSTRUCTIONS FOR PREPARING A 'NOTICE OF RESIDUAL PETROLEUM' REFERENCING
LAND USE RESTRICTIONS FOR FILING
The following is a list of instructions to assist in the preparation and filing of a Notice of Residual
Petroleum
1. The Notice shall be prepared in accordance with the format provided in these instructions and shall
include reference to the appropriate land use restrictions. (REWORDING OF THE NOTICE IS NOT
RECOMMENDED AND WILL SUBSTANTIALL YDELA YAPPRO VAL.)
2. The Notice shall include a description that would be sufficient as a description in an instrument of
conveyance of the (i) real property on which the source of contamination is located and (ii) any real
property on which contamination is located at the time the remedial action plan is approved and that was
owned or controlled by any owner or operator of the underground storage tank or other responsible party
at the time the discharge or release of petroleum is discovered or reported or at any time thereafter.
3. The Notice shall also identify the location (legal description) of any residual petroleum on other real
property on which contamination is known to exist at the time the Notice is prepared and that is a result of
the release.
4. The Notice shall reference any restrictions on the current or future use of the real property that are
imposed by the Secretary to protect public health, the environment, or users of the property
5. (IF REQUIRED BYDEPARTMENT of ENVIRONMENTAL QUALITY.) If the contamination is
located on more than one parcel or tract of land, the Department may require that the owner, operator, or
other person responsible for the discharge or release prepare a composite map or plat that shows all
parcels or tracts. If the contamination is located on one parcel or tract of land, the owner, operator, or
other person responsible for the discharge or release may prepare a map or plat that shows the parcel but
is not required to do so. Any map or plat shall be prepared and certified by a professional land surveyor,
shall meet the requirements of G.S. 47-30 and any requirements of the county Register of Deeds, and
shall be submitted to the Department for approval. When the Department has approved a map or plat, it
shall be recorded in the office of the register of deeds and shall be incorporated into the Notice by
reference. (ALL CONTENTS OF THE PLAT MUST BE DRAWNININDELIBLE INK) The plat
shall include:
a. Property lines, north arrow, scale, bearings and distances as appearing on the deed;
b. With respect to permanently surveyed benchmarks, location and dimensions of areas of the
property where contamination is known to exist in
groundwater at a concentration exceeding the standard or interim standard established in 15A
NCAC 2L. 0202 and/or
soil at a concentration exceeding the residential maximum soil contaminant concentration
established in 15A NCAC 2L .0411.
c. The printed name(s) and title(s) and properly notarized signature(s) of individual(s) with authority
to legally bind the responsible party(ies) (i.e., responsible party(ies), an individual with power of
attorney for the responsible party(ies), officer of a corporation, etc.) (PRINTED TEXT,
SIGNATURES, AND NOTARYSEALS, AS WITH ALL MARKINGS ON THE PLAT, MUST
BE MADE IN INDELIBLE INK);
Revised January 15, 2013

d. The following language: "The areas of contamination depicted upon the map are approximations
derived from the best available information at the time of filing.";
e. The following language, for use by the Department, positioned in the upper left corner of the plat:
"Approved for the purposes of N.C.G.S. 14313-279.9 and 14313-279.11
(signature of Regional Supervisor)
, Regional Supervisor
(printed name of Regional Supervisor
Regional Office
(name of Region)
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document: (printedfull
name of Regional Supervisor).
Date:
(Official Seal)
(signature of Notary Public)
(printed or typed name of Notary Public)
Notary Public
My commission expires:
f. Surveyor's certification and seal (using a permanent ink stamp).
6. The signed and notarized Notice shall be sent to the appropriate UST Section Regional Office.
7. After the Department approves, notarizes and returns the Notice, the responsible party shall, within
thirty (30) days of its return:
a. File approved Notice in the County Register of Deeds' office of the county or counties in which
the site is located; and
b. Send to the appropriate UST Section Regional Office, a certified copy of the Notice affixed with
the seal of the Register of Deeds and reflecting the book(s) and page number(s) where recorded
and a copy of the page(s) in the grantor index where the Notice is referenced.
Revised January 15, 2013

NOTICE OF RESIDUAL PETROLEUM
County, North Carolina
(Site name)
The property that is the subject of this Notice (hereinafter referred to as the "Site")
contains residual petroleum and is an Underground Storage Tank (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 and/or 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 143B-279.9 and 143B-279.11 and has/shall be recorded at the
Register of Deeds' office
(name of county)
Book , Page
Any map or plat required by DEQ has been/shall be recorded at the Register of
(name of county)
Deeds' office Book , Page , and has been/shall be incorporated into the Notice by this reference.
Source Property
of
is the owner in fee
(owner's name) (city & state of homeowner)
simple of all or a portion of the Site, which is located in the County of , State of North
Carolina, and is known and legally described as:
Revised January 15, 2013

(Insert Real Property Description Here for Source Property)
Additional Affected Property Also Subject to Restrictions
of is the owner in fee simple of a portion of
(owner's Name) (city & state of owner)
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:
(Insert Real Property Description Here for Additional Properties Owned or Controlled by Any Owner or
Operator of the Underground Storage Tank or Other Responsible Party, if Applicable)
For protection of public health and the environment, the following land use restrictions required
by N.C.G.S. Section 143B-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 County
Register of Deed receives and records the written concurrence of the Secretary (or his/her delegate) of
DEQ (or its successor in function).
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 143B-279.9(b). The
following property is known and legally described as:
Revised January 15, 2013
4

(Insert Legal Description of Other Real Property Affected by Residual Petroleum Not Owned or
Controlled by Any Owner or Operator of the Underground Storage Tank or Other Responsible Party, if
Applicable)
PERPETUAL LAND USE RESTRICTIONS
[Restrictions apply to activities on, over, or under the land. Choose one or both of the following as
appropriate.]
Soil: The Site shall be used for industrial/commercial use only. Industrial/commercial use means a use
where exposure to soil contamination is limited in time and does not involve exposure to children
or other sensitive populations such as the elderly or sick. The real property shall not be
developed or utilized for residential purposes including but not limited to: primary or secondary
residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds,
parks, recreation areas and/or picnic areas.
Groundwater: Groundwater from the site is prohibited from use as a water supply. Water supply wells
of any kind shall not be installed or operated on the site.
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.
IN WITNESS WHEREOF, has caused this Notice to be executed pursuant to
N.C.G.S. Sections 14313-279.9 and 14313-279.11, this day of 120
(name of responsible party if agent is signing)
(signature of responsible parry, attorney or other agent if there is one)
(Title of agent for responsible parry if there is one)
Signatory's name typed or printed:
(Note to be deleted on final document: Preparer of document must assure that the correct
acknowledgement is used and complies with changes effective October 1, 2006.
Choice One: Instrument signed by one person
Revised January 15, 2013

NORTH CAROLINA
COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person personally appeared before me this day, acknowledging to me that he or
she signed the foregoing document:
Date:
(Official Seal)
expires:
Choice Two: Acknowledge by attorney in fact
NORTH CAROLINA
COUNTY
(Name of county in which acknowledgment was taken)
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission
a Notary Public for said County and State, do hereby certify that
attorney in fact for , personally appeared before me this day, and being by
me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of the said
, and that his authority to execute and acknowledge said instrument is contained in an instrument duly
executed, acknowledged, and recorded in the office of in the County of
, State of , on the day of 20 and
that this instrument was executed under and by virtue of the authority given by said instrument granting
him power of attorney.
I do further certify that the said acknowledged the due execution of the
foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said
WITNESS my hand and official seal, this the day of 120
(Official Seal) (signature ofNotary Public)
printed or typed name of Notary Public)
Notary Public
My commission
expires:
Choice Three: Conveying security interest in personal property of a corporation
Revised January 15, 2013
6

NORTH CAROLINA
COUNTY
(Name of county in which acknowledgment was taken)
a Notary Public for said County and State, do hereby certify that
personally came before me this day and acknowledged that he is
of and acknowledged, on behalf of , the grantor
the due execution of the foregoing instrument.
WITNESS my hand and official seal, this the day of 120
(Official Seal)
expires:
Approved for the purposes ofN.C.G.S. 14313-279.11
(signature of Regional Supervisor)
, Regional Supervisor
(printed name of Regional Supervisor)
Regional Office
UST Section
Division of Waste Management
Department of Environment Quality
NORTH CAROLINA
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission
COUNTY
(Name of county in which acknowledgment was taken)
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she signed the foregoing document: (full printed name ofRegional Supervisor)
Date:
(Official Seal)
expires:
(signature of Notary Public)
printed or typed name of Notary Public)
Notary Public
My commission
Revised January 15, 2013
7