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HomeMy WebLinkAboutFA-7764_42045_C_NFA_20221202_Conditional 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