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North Carolina Department of Environmental Quality | Division of Waste Management
Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville,
NC 28301 | (910) 433-3300
December 2, 2022
TRANSMITTED BY EMAIL ATTACHMENT
Ms. Jessie M. Tolar
c/o Red Springs Fuel Oil Co., Inc.
150 Belair Drive
Pinehurst, NC 28374
Re: Conditional Notice of No Further Action
15A NCAC 02L .0407(e)
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Exxon Shop 7
2801 North Roberts Avenue
Lumberton, Robeson County
Incident Number: 42045
Risk Classification: Low
Ranking: L-180-A
Dear Ms. Tolar:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste
Management, Fayetteville Regional Office, indicates that soil and groundwater contamination meet the
cleanup requirements for a low-risk release under Title 15A NCAC 2L .0202 and .0400, but contamination
exceeds the limits allowed for the unrestricted use of a site closed using risk-based cleanup standards.
Please note: There is a Notice of Residual Petroleum (NRP) that was previously recorded with the Robeson
County Register of Deeds (filed 7/20/2017, Bk: 2094, Pg: 443-448) for the subject incident location. This
previously recorded NRP is applicable to the soil and groundwater contamination and remains valid.
Be advised that, as contamination exceeds the groundwater quality standards established in Title 15A
NCAC 2L .0202, groundwater within the area where contamination is present or is expected to migrate is
not suitable for use as a water supply. Be advised that as soil contamination may exceed the residential
MSCCs, the property containing the soil contamination is suitable only for industrial / commercial use as
stipulated in the Notice of Residual Petroleum (recorded copy attached).
As groundwater contamination exceeds the groundwater quality standards established in Title 15A NCAC
2L .0202, and soil contamination may exceed the lower of the residential or soil-to-groundwater MSCCs,
public notice in accordance with 15A NCAC 02L .0409(b) also is required. Within 30 days of receipt of
this letter, a copy of this letter must be provided by certified mail (or otherwise be made available by posting
Page 2 of 2
Incident Number: 42045
December 2, 2022
North Carolina Department of Environmental Quality | Division of Waste Management
Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville,
NC 28301 | (910) 433-3300
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 regional office must be provided with documentation showing
that each party included in the listing above either received or affirmatively refused to accept delivery of
the copy of the letter, and/or documentation describing the way the letter was publicly posted, where
applicable. Interested parties may examine information on file for this site by contacting this regional office
and may submit comments about 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 proof that public notice requirements are completed (signed green cards and/or USPS
delivery tracking printout).
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 this notice, 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
Attached: Notice of Residual Petroleum (recorded copy)
cc: Mr. Douglas N. Haggett, P.E., Haggett Engineering Associates, Wilmington, NC (email copy)
Mr. Aric Clark, EHC Environmental, Inc., Red Springs, NC (email copy)
Mr. Brian D. Campbell, RSO Holdings, LLC, 418 Peanut Road, Elizabethtown, NC (email copy)
UST Section Digital Incident File #: 45045
NCDEQ UST Incident #42045