HomeMy WebLinkAboutWI-1905_22460_C_NFA_20221130_CNFA
November 30, 2022
Mr. Rolfe Lann
GPM Southeast, LLC
8565 Magellan Parkway, Suite 400
Richmond, VA 23227
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(e)
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Scotchman #181 (GPM 3181)
5302 Carolina Beach Road, Wilmington, NC
New Hanover County
Incident Number: 22460
Risk Classification: Low
Dear Mr. Lann:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste
Management, Wilmington 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 where closed under risk-based cleanup standards.
The UST Section determines the subject incident to be eligible conditionally for no further action status.
However, final approval of no further action status is contingent on meeting the public notice requirements. NOTE:
a Notice of Residual Petroleum has already been placed on the property (BK:5282 PG:2156-2171) with the New
Hanover County Registry of Deeds.
Be advised that, as contamination may exceed 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.
As groundwater contamination may exceed 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 2L .0409(b) 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 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 manner in which 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 public notice
requirements are completed.
If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Leaking
Petroleum Underground Storage Tank Cleanup Funds, 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,
Steve Kay
Environmental Engineer 1
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: New Hanover County Health Department
CES of NC, PLLC - Roanoke
WiRO UST