Loading...
HomeMy WebLinkAboutWI-28696_47933_C_NFA_20230103_conditional North Carolina Department of Environmental Quality | Division of Waste Management Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | (910) 796-7215 January 13, 2023 SENT VIA EMAIL Attn: Mr. Ryan Pederson Murphy USA, Inc. 200 East Peach Street PO Box 1019 El Dorado, AR 71731 Ryan.pederson@murphyusa.com Re: Conditional Notice of No Further Action 15A NCAC 2L .0407(d) Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Murphy Express #8715 4557 Main Street Brunswick County Incident Number: 48433 Risk Classification: Low Dear Mr. Pederson: The Limited Site Assessment received by the UST Section, Division of Waste Management, Wilmington Regional Office on September 19, 2022, and the Notice of Residual Petroleum received on December 13, 2022 have been reviewed. The review indicates that soil contamination does not exceed the lower of the soil-to-groundwater or residential maximum soil contaminant concentrations (MSCCs) established in Title 15A NCAC 2L .0411 and that groundwater contamination meets the cleanup requirements for an low-risk site but exceeds the groundwater quality standards established in Title 15A NCAC 2L .0202. Based on information provided to date, the UST Section finds it appropriate to reduce the risk classification of the subject incident from intermediate to low. Furthermore, the UST Section determines the subject incident to be eligible conditionally for no further action status. However, final approval of no further action status is contingent on the filing of the approved NRP (attached) with the Register of Deeds in the county in which the release is located, verified by the receipt of a certified copy of the filed NRP by this office; and on receipt of confirmation that public notice requirements have been completed, as described in the following paragraphs. North Carolina Department of Environmental Quality | Division of Waste Management Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | (910) 796-7215 Be advised that as groundwater contamination exceeds the groundwater quality standards established in Title 15A NCAC 2L .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. As groundwater contamination exceeds the groundwater quality standards established in Title 15A NCAC 2L .0202, pursuant to NCGS 143B-279.9 and 143B-279.11, you must file the approved Notice of Residual Petroleum (attached) with the Register of Deeds in the county in which the release is located and submit a certified copy to the UST Section within 30 days of receipt of this letter. This No Further Action determination will not become valid until the UST Section receives a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds. If groundwater contamination exceeds the groundwater quality standards established in Title 15A NCAC 2L .0202, public notice in accordance with 15A NCAC 2L .0409(b) also is required. Thus, within 30 days of receipt of this letter, a copy of the letter must be provided by certified mail, or by posting in a prominent place, if certified mail is impractical, to the local health director, the chief administrative officer of each political jurisdiction in which the contamination occurs, all property owners and occupants within or contiguous to the area containing contamination, and all property owners and occupants within or contiguous to the area where the contamination is expected to migrate. Within 60 days of receiving this letter, this office must be provided with proof of receipt of the copy of the letter or of refusal by the addressee to accept delivery of the copy of the letter or with a description of the manner in which the letter was posted. Interested parties may examine the Groundwater Monitoring Report 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 conditional No Further Action determination will not become valid until the UST Section receives a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds and until public notice requirements are completed. 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 this notice, please contact me at the address or telephone number listed below. Sincerely, Clark Wipfield, L.G. Hydrogeology Wilmington Regional Office UST Section, Division of Waste Management, NCDEQ cc: Mr. Aaron Williamson, GES (via email) Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | (910) 796-7215