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HomeMy WebLinkAboutWI-2436_32168_M_DENR_20230123_NORR for RMR 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 `