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November 9, 2022
Mr. Mills Bryant
RL Village Store, LLC
P.O. Box 1139
Wallace, NC 28466-1139
Re: Notice of Regulatory Requirements
NCGS 143B-279.9 and 143B-279.11
Notice of Residual Petroleum
RL Village Store
5194 South NC Hwy 41, Wallace, NC
Duplin County
Incident Number: 47621
Risk Classification: LOW
Dear Mr. Bryant:
North Carolina General Statute (NCGS) 143B-279.9 and 143B-279.11 require a Notice of
Residual Petroleum (Notice) to be filed with the Register of Deeds in Duplin County, where the release is
located, when a release from an underground storage tank has not been remediated to below “unrestricted
use standards”. The Notice is required either prior to conveyance of a contaminated property or prior to
receiving a Notice of No Further Action. “Unrestricted use standards” for groundwater are the
groundwater quality standards and interim standards contained in Title 15A NCAC 2L .0202, and
“unrestricted use standards” for soil are the residential maximum soil contaminant concentrations
(MSCCs) established in Title 15A NCAC 2L .0411.
The Notice must be prepared in accordance with the attached instructions and format. It must
contain a legal description of the property containing the source of contamination and legal descriptions
of any other properties which you own (or control) which are contaminated by the release. The Notice
must also include appropriate land use restrictions for these properties. In addition, the Notice must
identify all other properties (adjacent, adjoining, downgradient, etc.) on which contamination is known to
exist at the time the Notice is prepared.
The Notice must be sent to this regional office of the UST Section within 30 days of the date of
this letter for approval and notarization. The approved and notarized Notice must then be filed by you
with the Register of Deeds, and a certified copy of the filed Notice must be submitted to this office within
30 days of its return to you.
Effective October 1, 2004, the Department of Environmental Quality 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.
Failure to comply with this letter is a violation of North Carolina law and may result in the
assessment of civil penalties and/or the use of other enforcement mechanisms available to the state. If you
have any questions regarding this letter, please contact me at (910) 796-7396 or at the address listed
below.
Sincerely,
Steve Kay
Engineer 1
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Instructions for Preparing Notice of Residual Petroleum
cc: Duplin County Health Department
Geological Resources, Inc. - Winterville
WiRO-UST
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | (910) 796-7215