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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 3, 2023
Attn: Mr. Ryan Pederson
Murphy USA, Inc.
200 East Peach Street
PO Box 1019
El Dorado, AR 71731
Ryan.pederson@murphyusa.com
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk-based Assessment and Corrective
Action for Petroleum Underground
Storage Tanks
Murphy Express #8715
4557 Main Street
Brunswick County
Incident Number: 48433
Risk Classification: Low
Dear Mr. Pederson:
The Limited Site Assessment received by the UST Section, Division of Waste Management,
Wilmington Regional Office on September 19, 2022, and the Notice of Residual Petroleum received on
December 13, 2022 have been reviewed. The review indicates that soil contamination does not exceed
the lower of the soil-to-groundwater or residential maximum soil contaminant concentrations (MSCCs)
established in Title 15A NCAC 2L .0411 and that groundwater contamination meets the cleanup
requirements for an low-risk site but exceeds the groundwater quality standards established in Title 15A
NCAC 2L .0202.
Based on information provided to date, the UST Section finds it appropriate to reduce the risk
classification of the subject incident from intermediate to low. Furthermore, 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 the filing of the approved NRP (attached) with the Register of Deeds
in the county in which the release is located, verified by the receipt of a certified copy of the filed NRP by
this office; and on receipt of confirmation that public notice requirements have been completed, as
described in the following paragraphs.
North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 |
(910) 796‐7215
Be advised that as groundwater contamination exceeds the groundwater quality standards
established in Title 15A NCAC 2L .0202, groundwater within the area of contamination or within the area
where groundwater contamination is expected to migrate is not suitable for use as a water supply.
As groundwater contamination exceeds the groundwater quality standards established in Title
15A NCAC 2L .0202, pursuant to NCGS 143B-279.9 and 143B-279.11, you must file the approved
Notice of Residual Petroleum (attached) with the Register of Deeds in the county in which the release is
located and submit a certified copy to the UST Section within 30 days of receipt of this letter. This No
Further Action determination will not become valid until the UST Section receives a certified copy of the
Notice of Residual Petroleum which is filed with the Register of Deeds.
If groundwater contamination exceeds the groundwater quality standards established in Title 15A
NCAC 2L .0202, public notice in accordance with 15A NCAC 2L .0409(b) also is required. Thus, within
30 days of receipt of this letter, a copy of the letter must be provided by certified mail, or 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 office must be provided with proof of receipt of the copy of the letter or of refusal by the
addressee to accept delivery of the copy of the letter or with a description of the manner in which the
letter was posted. Interested parties may examine the Groundwater Monitoring Report by contacting this
regional office and may submit comments on 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 a certified copy of the Notice of Residual Petroleum which is filed with the Register
of Deeds and until public notice requirements are completed.
This No Further Action determination applies only to the subject incident; for any other incidents
at the subject site, the responsible party must continue to address contamination as required.
If you have any questions regarding this notice, please contact me at the address or telephone
number listed below.
Sincerely,
Clark Wipfield, L.G.
Hydrogeology
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Mr. Aaron Williamson, GES (via email)
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | (910) 796-7215