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HomeMy WebLinkAboutWA-27683_38811_G_NORR_20220204_NRP RQST ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director North Carolina Department of Environmental Quality | Division of Waste Management | UST Section Washington Regional Office | 943 Washington Square Mall | Washington, NC 27889 | (252) 946-6481 February 4, 2022 Gena Jones E.J. Pope & Son, Inc. PO Drawer 649 Mount Olive, NC 28365 Re: Notice of Regulatory Requirements G.S. 143B-279.9 and 143B-279.11 Notice of Residual Petroleum Handy Mart 15 / Peele Property UST Facility ID: 00-0-0000005485 2495 US Highway 13 North, Goldsboro, NC Wayne County Incident Number: 38811 Risk Classification: Low Ranking: L 0130 D Dear Ms. Jones: The Underground Storage Tank (UST) Section, Division of Waste Management, Department of Environmental Quality (Department) has received the January 13, 2022 letter documenting the connection to public water for all formerly at-risk potable well users near this site. The letter also includes a professional determination that the contamination remaining onsite ins not due to an ongoing release, but likely results from historic releases which occurred prior to past system upgrade efforts due to the detection of methyl tert-butyl ether (MTBE), a fuel oxygenate that is no longer in use. During the most recent sampling event in June 2021, concentrations of petroleum constituents in the groundwater at multiple monitoring well locations were reported to be above the groundwater quality standards (GWQS) defined by Title 15A of the North Carolina Administrative Code (NCAC) Subchapter 2L .0202, but below the applicable gross contaminant levels (GCLs) defining a site as ‘intermediate’ risk under Title 15A NCAC 2L .0406. Accordingly, the risk classification for this incident is determined to be ‘Low’. As a Low Risk incident, this site is eligible for a No Further Action designation in lieu of ongoing remediation following the completion and recordation of a Notice of Residual Petroleum (Notice) as described in G.S. §143B-279.9 and §143B-279.11. The Notice must include a declaration containing a legal description of the property that is the source of contamination as well as appropriate land use restrictions that prohibit the use of groundwater and the installation of any water supply wells onsite. The completed Notice declaration must be sent to this regional office of the UST Section within 30 days of the date of this letter for approval and notarization by the UST Section Regional Office Supervisor. The approved and notarized Notice will then be returned to you, to be filed by you with the Wayne County Register of Deeds, and a certified copy of the filed Notice declaration must be submitted to this office within 30 days of its return. Please note that, as the Responsible Party for this release, you will have ongoing responsibilities with respect to the oversight and maintenance of any land use restrictions. No further remedial action will be required while the institutional controls are properly maintained to keep the site risk low. However, any change in use at either the site or neighboring property (such as property sales, redevelopment, change in zoning/use, installation of supply wells, etc.) could potentially affect the risk posed by the residual contamination onsite and undermine this risk-based corrective action plan. As such, any change in use must be reported to this regional office as soon as possible to allow for any necessary reevaluation of risk. 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 per Title 15A NCAC 2L .0405) must be preapproved if State Trust Fund reimbursement is anticipated. To comply with this requirement, a completed Preapproval/Claim Authorization Form encompassing the scope of work described above must be received in this office prior to the start of any tasks for which you intend to seek reimbursement. Upon completion of any preapproved activities, you should submit your claim promptly. Reimbursement funds are budgeted based on completed preapprovals, but delays in reimbursement or even denial due to a failure to meet the statute of limitations on claiming a completed task can result if the work is not completed in a timely fashion or if 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 questions regarding the information contained in this letter, please contact me at the physical address, telephone number, or email address listed below. Sincerely, Jared M. Edwards Hydrogeologist - Washington Regional Office UST Section, Division of Waste Management, NCDEQ (252) 948-3949 / jared.edwards@ncdenr.gov Encl: Instructions for Preparing a Notice of Residual Petroleum (also available https://deq.nc.gov/about/divisions/waste-management/ust/forms) cc: Geological Resources, Inc., Mr. William Regenthal (electronic copy) Washington Regional Office | 943 Washington Square Mall | Washington, NC 27889 | (252) 946-6481