HomeMy WebLinkAboutFA-29504_48644_G_NORR_20221011
October 11, 2022
M.M. Fowler, Inc.
Attention: Marvin L. Barnes, Jr. – Registered Agent
4220 Neal Road
Durham, NC 27705-2322
Notice of Regulatory Requirements
15A NCAC 2L .0407(b)
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Owen Village BP 365
3215 Raeford Road, Fayetteville
Cumberland County
Incident Number: 48644
Risk Classification: Intermediate
Ranking: I 135 D
Dear Mr. Barnes, Jr.:
The Site Check Report, dated September 19, 2022, has been reviewed by the UST Section and the
subject incident has been determined by the Department, in response to North Carolina General Statute
(NCGS) 143-215.94E(e4), to be of sufficiently high priority to allow funding by the State Trust Fund
Program. Therefore, you are directed to proceed with assessment or remediation activities as required in
this Notice of Regulatory Requirements dated October 11, 2022. Specifically, you are requested to
complete the following:
Conduct a groundwater sampling event in January/February 2023 and submit a Letter
Report to the Division no later than April 1, 2023.
Effective October 1, 2004, the Department requires that all work following the submittal of the
Limited Site Assessment Report (Title 15A NCAC 2L .0405) be preapproved if State Trust Fund
reimbursement is anticipated. To comply with this requirement, a completed Preapproval/Claim
Authorization Form, encompassing the required remedial activities, must be received in this office within
14 days of the date of this letter. Upon completion of the preapproved activities, you should submit your
claim promptly. Reimbursement funds are budgeted based on completed preapprovals, but lengthy delays
in reimbursement can occur if claims are not submitted immediately following work completion.
Please note that performing assessment and cleanup work that is not required under 15A NCAC 2L
.0400 is not reimbursable from the Commercial or Noncommercial Leaking Petroleum Underground
Storage Tank Cleanup Funds
If you have any questions regarding this letter, please contact me at the address or telephone number
listed below. If you have any questions regarding trust fund eligibility or reimbursement, please contact
the UST Section Trust Fund Branch at (919) 707-8171.
Sincerely,
Liz Price
Hydrogeologist
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: James Dodson, EMS Environmental Inc. – via email correspondence
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | (910) 796-7215