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North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | (910) 796-7215
January 23, 2023
Cary Oil Company
Attn: Mr. Richard Flowers
110 MacKenan Drive
Cary, NC 28512
Re: Notice of Regulatory Requirements
15A NCAC 02L .0110(c) [High Risk]
Risk-based Assessment and Corrective Action
For Petroleum Underground Storage Tanks
C Mini Mart #5
184 NC Hwy 24
Carteret County
Incident Number: 32168
Risk Classification: High
Ranking: 210 D
Dear Mr. Flowers:
The report received on April 30, 2019 has been reviewed by the UST Section, Division of Waste
Management, Wilmington Regional Office. The risk posed by the discharge or release at the subject site
is classified by the Department of Environmental Quality as high, as stipulated under Title 15A NCAC
02L .0406. The land use at the site is classified as residential. Title 15A NCAC 02L .0407(a) requires you
to notify the Department of any changes that might affect the risk or land use classifications that have
been assigned.
The review indicates that corrective action is necessary to remediate environmental contamination. Title
15A NCAC 02L .0407(c) [High Risk] requires you to comply with the assessment and cleanup
requirements of Title 15A NCAC 02N .0706, Title15A NCAC 02L .0106(c), Title 15A NCAC 02L .0110,
and Title 15A NCAC 02L .0111. A Groundwater Monitoring Report prepared in accordance with these
requirements and the most recent version of the UST Section Assessment Guidelines must be received by
this office semiannually.
For additional reference, please refer to the most recent version of the Guidelines for Site Checks, Tank
Closures, and Initial Response and Abatement. Report requirements can be found in the most recent
version of the Comprehensive Appendices for Correction Guidelines. Reports must contain the
information specified in the report template presented in Appendix A of the Guidelines. The report
template is attached for your information.
Failure to comply in the manner and time specified may result in the assessment of civil penalties
and/or the use of other enforcement mechanisms.
North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | (910) 796-7215
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 Report, per Title 15A
NCAC 02L .0405) must be preapproved if State Trust Fund reimbursement is anticipated. To comply
with this requirement, a completed Preapproval/Claim Authorization Form, encompassing the required
remedial activities, must be received in this office within 14 days of the date of this letter. Upon
completion of the 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
exceeding the statute of limitations on claiming eligible costs can result where claims are not submitted
immediately following work completion.
Because a release or discharge has been confirmed, a Licensed Geologist or a Professional Engineer,
certified by the State of North Carolina, is required to prepare and certify all reports submitted to the
Department in accordance with 15A NCAC 02L .0103(e) and 02L .0111(e) if required.
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 the actions that must be taken or the rules
mentioned in this letter, please contact me at the address or telephone number listed below.
Sincerely,
Clark Wipfield, L.G.
Hydrogeologist
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ
cc:
Mr. Don Stevenson, Cary Oil Company, 8015 Chapel Hill Road, Cary, NC 27515
Mr. Gabriel Araos, ATC Associates or NC, P.C., 2725 East Millbrook Road, Suite 121, Raleigh, NC 27604
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