WS-28899_48104_G_NORR_20230123

North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road | Suite 300 | Winston-Salem,
NC 27105 | [phone]

January 23, 2023

Rusher Oil Co., Inc.
Joey Rusher
P.O. Box 1483
Salisbury, NC 28145

Re: Notice of Regulatory Requirements
15A NCAC 2L .0407(c)
Corrective Action for Petroleum
Underground Storage Tanks

Rushco Food Store #8
1532 Yadkinville Road
Mocksville, Davie County
Incident Number: 48104
Risk Classification: High
Ranking: H145D

Dear Mr. Rusher:

The Limited Site Assessment Report received by the UST Section, Division of Waste Management, on
June 28, 2022, has been reviewed. The risk posed by the discharge or release at the subject site is classified
by the Department of Environmental Quality as high, as stipulated under Title 15A NCAC 2L .0406. The
land use at the site is classified as residential. Title 15A NCAC 2L .0407(a) requires you to notify the
Department of any changes that might affect the risk or land use classifications that have been assigned.

Title 15A NCAC 2L .0407 (c) requires you to comply with assessment and cleanup requirements of Title
15A NCAC 2N .0706 and Title 15A NCAC 2L .0106(c) and 2L .0106(g). A Comprehensive Site
Assessment (CSA) Report prepared in accordance with these requirements and the most recent version of
the UST Section Assessment Guidelines must be received by this office within 90 days of the date of this
notice. In addition, you must submit a summary of the CSA Report to the local Health Director and the
local Chief Administrative Officer in accordance with 15A NCAC 2L .0114. The summary should be
submitted to these persons no later than five working days after submittal of the CSA Report to this office.
Failure to comply in the manner and time specified, may result in the assessment of civil penalties and /or
the use of other enforcement mechanisms.

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.

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48104
January 23, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
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Because a release or discharge has been confirmed, a Licensed Geologist or a Professional Engineer,
certified by the State of North Carolina, is required to prepare and certify all reports submitted to the
Department in accordance with Title 15A NCAC 2L .0103(e) and 2L .0111(e).

Please note that before you sell, transfer, or request a “No Further Action” determination for a property that
has not been remediated to below “unrestricted use” standards, you must file a Notice of Residual Petroleum
("Notice") with the Register of Deeds in the county where the property is located (NCGS 143B-279.9 and
143B-279.11).

If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Petroleum
Underground Storage Tank Cleanup Funds, please contact the UST Section Trust Fund Branch at (919)
707-8171. If you have any questions regarding the actions that must be taken or the rules mentioned in this
letter, please contact Karen Hall at address and telephone number listed below.

Sincerely,

James W. Brown
Regional Supervisor
Winston-Salem Regional Office
UST Section, Division of Waste Management, NCDEQ

Cc: Suzanne Wright, MPH, Davie County Health Department - [e-mail]
Sam McKay, GRI – [e-mail]