WA-1050_12821_G_NORR_20200714_NRP RQST 2

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director

North Carolina Department of Environmental Quality | Division of Waste Management
UST Section Central Office | 1646 Mail Service Center | Raleigh, NC 27699-1646 | [phone]
July 14, 2020
Robert O’Neil Hill, Jr.
Hillco, Ltd. (Formerly Neil Realty Co.)
1435 US Hwy 258 N
Kinston, NC 28504
Re: Notice of Regulatory Requirements
NCGS 143B-279.9 and 143B-279.11
Notice of Residual Petroleum
Robert Hill Construction Shop
1035 Shady Grove Church Road
Greene County
Incident Number: 12821
Risk Classification: Low
Ranking: L 85 D

Dear Mr. Hill:
For some time, the Underground Storage Tank (UST) Section, Division of Waste Management,
Department of Environmental Quality (Department) has had to balance a large number of leaking petroleum
UST sites against the limited funding available to help owners and operators clean up contamination left
by those leaking tanks. To do this, the UST Section has had to focus primarily on higher priority sites,
meaning that less attention was given to lower priority ones. The pause in the requirement that you address
the petroleum release at your facility is related to this issue, per North Carolina General Statute (G.S.)
§143-215.94E(e4)(1).
However, Session Law 2016-94 specifically directed the UST Section to reevaluate Low Risk
incidents to determine if no further action is necessary. A review of the records associated with this site
indicates certain tasks are required to obtain a No Further Action determination for your site.
When a release from an underground storage tank has not been remediated to below “unrestricted
use standards”, G.S. §143B-279.9 and §143B-279.11 require that a Notice of Residual Petroleum (Notice)
with land use restrictions be filed for this site with the Greene County Register of Deeds prior to receiving
a Notice of No Further Action. “Unrestricted use standards” for groundwater are the groundwater quality
standards and interim standards contained in the North Carolina Administrative Code (NCAC) Title 15A
2L .0202, and for soil are the residential maximum soil contaminant concentrations (MSCCs) referenced in
Title 15A NCAC 2L .0411.
The most recent data for this site documented in the Initial Site Characterization Report dated
November 14, 1994, indicate that petroleum contamination exceeded the “unrestricted use standards”
for both soil and groundwater.

If no updated soil and groundwater sampling is done at this site to demonstrate the contamination
has naturally attenuated to below those standards, then the Notice must be filed as described below.
The Notice must be prepared in accordance with the attached instructions and format. It must
include a declaration containing a legal description of the property that is the source of contamination and
appropriate land use restrictions for the source property, as depicted in the supplied attachment.
The prepared and signed 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 as a valid institutional control. The
approved and notarized Notice will be returned to you, to be filed by you with the Greene County Register
of Deeds. A certified copy of the filed Notice declaration must be submitted to this office within 30 days
of its return to you.
Also, please note that, as the Responsible Party for this release ongoing responsibilities remain with
respect to the oversight and maintenance of all land use restrictions. No further remedial action will be
required while these institutional controls are properly maintained to keep the site risk low. However, any
change in use at either the site or at any at-risk neighboring property (such as property sales, redevelopment,
change in zoning/use, installation of supply wells, etc.) could potentially affect the risk posed by the
contamination remaining at the site and undermine this risk-based corrective action plan. As such, any
change in use for the site or neighboring properties must be reported to the regional office as soon as
possible to all for any necessary reevaluation of the site risk.
Because the property has been conveyed since the 1994 release discovery, G.S. §143B-279.11
allows the Department to prepare and file the Notice if one is not filed by the responsible party following
either conveyance or a No Further Action determination. If you do not wish to prepare and file the Notice,
or if no response is received from you within 30 days of the date of this letter with either a Prepared Notice
or documenting updated sampling efforts, the Department may prepare and file the Notice on your behalf.
Failure to comply with this letter is a violation of North Carolina law and may result in the
assessment of civil penalties and/or the use of other enforcement mechanisms available to the state.
If you have any questions regarding this letter, please contact me at the physical address, telephone
number, or email address listed below.
Sincerely,

Jared M. Edwards
Incident Manager, Washington Regional Office
UST Section, Division of Waste Management, NCDEQ
[phone] / [e-mail]
Attachments: Instructions for Preparing a Notice of Residual Petroleum
Washington Regional Office | 943 Washington Square Mall | Washington, NC 27889 | [phone]