FA-28598_47840_G_NORR_20220224

North Carolina Department of Environmental Quality | Division of Waste Management
Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville,
NC 28301 | [phone]
February 24, 2023
Naji M. Ahmed and Others
23011 US Highway 301 North
Parkton, NC 28371-8944
Re: Acknowledgment of Report Receipt
15A NCAC 2L .0407(d)
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
301 Kwik Shop (Travelers 48)
23011 US Highway 301 North
Parkton, Robeson County
Incident Number: 47840
Risk Classification: Intermediate
Rank: I-220-A
Dear Naji M. Ahmed and Others:
The Monitoring Report dated January 30, 2023, has been reviewed and this office requests that you proceed
with free product recovery efforts as approved in task authorization 47840-08. Also, you are requested to
continue with the tasks as requested in the January 19, 2022, Notice of Regulatory Requirements, prior to
Comprehensive Site Assessment submittal. Additionally, this office believes vertical soil profile borings
within the free product/GCL plume will be necessary to construct cross section diagrams and to assist with
consideration of a remedial strategy.
If you have questions regarding the information contained in this letter, please contact me at the Fayetteville
Regional Office address below or at [phone].
Sincerely,
Kenneth E. Currie
Hydrogeologist
Fayetteville Regional Office
UST Section, Division of Waste Management
Attached: Notice of Regulatory Requirements, dated 1/19/2022
c: Ethan Rogerson, GIT., Geological Resources, Inc., Winterville, NC (email copy)
FRO Electronic Incident File #47840

January 19, 2022

Naji M. Ahmed and Others
23011 US Highway 301 North
Parkton, NC 28371-8944

Re: Notice of Regulatory Requirements
15A NCAC 2L .0407(c) [High Risk]
Risk-based Assessment and Corrective Action
For Petroleum Underground Storage Tanks

301 Kwik Stop
23011 US Highway 301 North
Parkton, Robeson County
Incident Number: 47840
Risk Classification: High
Ranking: H-175-A

Dear Naji M. Ahmed and Others:

The Limited Site Assessment Report received on October 13, 2021, along with the follow up re-sampling
event Letter Report received on January 6, 2022, have been reviewed by the UST Section, Division of Waste
Management, Fayetteville Regional Office. The review indicates groundwater contamination exceeds the
groundwater quality standards established in Title 15A NCAC 2L .0202. 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. Please note that 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) [High Risk] requires you to comply with the assessment and cleanup
requirements of Title 15A NCAC 2N .0706 and Title15A NCAC 2L .0106(c) and 2L .0106(g). 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.

Typically, a Comprehensive Site Assessment (CSA) Report prepared in accordance with these
requirements and the most recent version of the UST Section Assessment Guidelines, Petroleum and Hazardous
Substance UST Releases, Petroleum Non-UST Releases, effective January 19, 2021, submitted to this office
within 90 days of the date of this notice would satisfy this requirement. Alternatively, an extension to this
deadline may be obtained through the completion and submittal of a Risk Assessment Report within 90 days of
this notice. This report supplements the LSA through the assessment of groundwater characteristics and the risk
to nearby receptors. Specifically, the Risk Assessment Report should include, at a minimum:

• The installation of three horizontal extent monitoring wells and one vertical extent monitoring well. One
monitoring well shall be installed upgradient of the source of contamination and two monitoring wells
shall be installed downgradient of the source of contamination, as best as can be determined, and
located such that groundwater flow direction and hydraulic gradient may accurately be determined. The
vertical extent monitoring well shall be installed immediately downgradient of the source area of
contamination, as best as can be determined, with any drilling greater than a depth of 75 feet requiring

authorization from the regional office incident manager. Note, the vertical extent monitoring well must
not connect aquifers.

• The analysis of representative soil samples collected during the construction of the monitoring wells.
One soil sample must be collected in the unsaturated zone and one in the smear/saturated zone from
suspected worst-case locations exhibiting visible contamination or elevated levels of volatile organic
compounds based on field screening techniques. Only the suspected most contaminated soil sample
in each zone from each boring should be submitted for laboratory analysis using the EPA 8015B TPH
(or equivalent) appropriate for the fuel types suspected in the release.

• The collection of groundwater samples from the new monitoring wells, analyzed by the appropriate
method(s) for the constituents relevant to the release.

• The survey of all monitoring wells and collection of potentiometric data for the completion of a
potentiometric surface / groundwater elevation and flow map.

• The completion of one aquifer slug test in a representative well to provide a calculation of hydraulic
conductivity, transmissivity, and linear groundwater velocity.

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 15A NCAC 2L .0103(e) and 2L .0111(b).

Effective October 1, 2004, the Department of Environmental Quality requires that all work not
determined to be an emergency response or associated with risk assessment (i.e., the Limited Site Assessment
Report, per Title 15A NCAC 2L .0405) must be preapproved if State Trust Fund reimbursement is anticipated.
To comply with this requirement for a CSA, a completed Preapproval/Claim Authorization Form, encompassing
the required comprehensive assessment activities must be received in this office within 14 days of the date of
this letter.

Upon completion of any eligible activities, you should submit your claim promptly. Reimbursement funds
are budgeted based on completed preapprovals, but delays in reimbursement or even denial due to exceeding
the statute of limitations on claiming eligible costs can result where claims are not submitted immediately
following work completion.

If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Leaking
Petroleum Underground Storage Tank Cleanup Fund, 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 me at the address or telephone number listed below.

Sincerely,

Kenneth E. Currie, Hydrogeologist
Fayetteville Regional Office
UST Section, Division of Waste Management, NCDEQ

Attachments: Title 15A NCAC 2L .0407

cc: William J. Smith, Director, Robeson County Health Department (email copy)
Ethan Rogerson, GIT., Geological Resources, Inc., Winterville, NC (email copy)
William Regenthal, L.G., Geological Resources, Inc., Winterville, NC (email copy)
FRO Electronic Incident File # 47840
15A NCAC 02L .0407 RECLASSIFICATION OF RISK LEVELS
(a) Each responsible party shall have the continuing obligation to notify the Department of any changes that may
affect the level of risk assigned to a discharge or release by the Department if the change is known or should be
known by the responsible party, including changes in zoning of real property, use of real property, or the use of
groundwater that has been contaminated or is expected to be contaminated by the discharge or release.
(b) The Department shall reclassify the risk posed by a release if warranted by further information concerning the
potential exposure of receptors to the discharge or release or upon receipt of new information concerning changed
conditions at the site. After initial classification of the discharge or release, the Department may require limited
assessment, interim corrective action, or other actions that the Department believes will result in a lower risk
classification.
(c) If the risk posed by a discharge or release is determined by the Department to be high risk, the responsible party
shall comply with the assessment and cleanup requirements of Rule .0106(c), (g), and (h) of this Subchapter and
15A NCAC 02N .0706 and .0707. The goal of a required corrective action for groundwater contamination shall be
restoration to the level of the groundwater standards set forth in Rule .0202 of this Subchapter, or as closely thereto
as is economically and technologically feasible. In a corrective action plan submitted pursuant to this Paragraph,
natural attenuation shall be used to the maximum extent possible, when the benefits of its use do not increase the
risk to the environment and human health. If the responsible party demonstrates that natural attenuation prevents the
further migration of the plume, the Department may approve a groundwater monitoring plan.
(d) If the risk posed by a discharge or release is determined by the Department to be an intermediate risk, the
responsible party shall comply with the assessment requirements of Rule .0106(c) and (g) of this Subchapter and
15A NCAC 02N .0706. As part of the comprehensive site assessment, the responsible party shall evaluate, based on
site-specific conditions, whether the release poses a significant risk to human health or the environment. If the
Department determines, based on the site-specific conditions, that the discharge or release does not pose a
significant threat to human health or the environment, the site shall be reclassified as a low risk site. If the site is not
reclassified, the responsible party shall, at the direction of the Department, submit a groundwater monitoring plan or
a corrective action plan, or a combination thereof, meeting the cleanup standards of this Paragraph and containing
the information required in Rule .0106(h) of this Subchapter and 15A NCAC 02N .0707. Discharges or releases that
are classified as intermediate risk shall be remediated, at a minimum, to a cleanup level of 50 percent of the
solubility of the contaminant at 25 degrees Celsius or 1,000 times the groundwater standard or interim standard
established in Rule .0202 of this Subchapter, whichever is lower, for any groundwater contaminant except ethylene
dibromide, benzene and alkane and aromatic carbon fraction classes. Ethylene dibromide and benzene shall be
remediated to a cleanup level of 1,000 times the federal drinking water standard as referenced in 15A NCAC 18C
.1518 incorporated by reference including subsequent amendments and editions, and available free of charge at
http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 18 - environmental health/subchapter
c/15a ncac 18c .1518.pdf. Additionally, if a corrective action plan or groundwater monitoring plan is required under
this Paragraph, the responsible party shall demonstrate that the groundwater cleanup levels are sufficient to prevent a
violation of:
(1) the rules contained in 15A NCAC 02B;
(2) the standards contained in Rule .0202 of this Subchapter in a deep aquifer as described in Rule
.0406(2)(b) of this Section; and
(3) the standards contained in Rule .0202 of this Subchapter at a location no closer than one year time
of travel upgradient of a well within a designated wellhead protection area, based on travel time
and the natural attenuation capacity of the subsurface materials or on a physical barrier to
groundwater migration that exists or will be installed by the person making the request.
In any corrective action plan submitted pursuant to this Paragraph, natural attenuation shall be used to the maximum
extent possible, if the benefits of its use do not increase the risk to the environment and human health.
(e) If the risk posed by a discharge or release is determined to be a low risk, the Department shall notify the
responsible party that no cleanup, no further cleanup, or no further action is required by the Department unless the
Department later determines that the discharge or release poses an unacceptable risk or a potentially unacceptable
risk to human health or the environment. No notification shall be issued pursuant to this Paragraph, however, until
the responsible party has:
(1) completed soil remediation pursuant to Rule .0408 of this Section or as closely thereto as
economically or technologically feasible;
(2) submitted proof of public notification, if required pursuant to Rule .0409(b) of this Section; and
(3) recorded all required land-use restrictions pursuant to G.S. 143B-279.9 and 143B-279.11.

History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-
215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(e)-(h);
Amended Eff. December 1, 2005;
Readopted Eff. June 1, 2019.