WI-29212_48384_G_NORR_20220522

April 22, 2022
Mr. Archie Harris
Rose Ice and Coal Company
1202 Market Street
Wilmington, NC 28401
Re: Notice of Regulatory Requirements
15A NCAC 2N .0601 and .0603
Investigation and Confirmation of a Suspected
Release from an Underground Storage Tank

Rose Ice and Coal Company
1202 Market Street, Wilmington, NC
New Hanover County
Incident Number: 48384
Risk Classification: unknown

Dear Mr. Harris:
The information received by the Wilmington Regional Office of the UST Section, Division of
Waste Management, on April 8, 2022, indicates the potential for a suspected release onsite based upon
analytical results of temporary monitoring wells installed as part of a Phase 11 ESA.
Records indicate that you are the owner or operator of this UST system. Therefore, you must
immediately investigate to confirm the suspected release pursuant to Title 15A NCAC 2N .0603. To achieve
compliance with this rule, you must:
1. conduct tank tightness tests for each UST in accordance with federal regulation 40 CFR
280.43(c) (as incorporated by Title 15A NCAC 2N .0504),
2. conduct line tightness tests for each piping system associated with a UST in accordance
with 40 CFR 280.44(b) (as incorporated by Title 15A NCAC 2N .0505), and
3. conduct a site check in accordance with 40 CFR 280.52(b) (as incorporated by Title 15A
NCAC 2N .0603) as described in the most recent version of the Guidelines for Site Checks,
Tank Closure, and Initial Response and Abatement Action for UST Releases, as available
at https://deq.nc.gov/about/divisions/waste-management/ust/guidance-documents.

The results of the tank tightness test(s) and line tightness test(s) must be received by this office
within 7 days of receipt of this notice. The results of the site check must be received by this office within
30 days of receipt of this notice. If a release or discharge is 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 of Environmental Quality in accordance with Title 15A NCAC 2L .0103(e)
and 2L .0111(b).

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.
Please note that the aforementioned site investigation efforts described above are routine leak
detection procedures required by rule and are not eligible for reimbursement from the Commercial Leaking
Petroleum Underground Storage Tank Cleanup Fund (Trust Fund) reimbursement under North Carolina
General Statute (G.S.) 143-205.94B(b)(8), (except for portions that are applicable for incorporation into a
separate, eligible phase of work, such as an Initial Abatement Action or Limited Site Assessment, etc.). If
you have any questions regarding Trust Fund eligibility or reimbursement, please contact the UST Section
Trust Fund Branch at [phone].
If you have any questions regarding the actions that must be taken or the rules mentioned in this
letter, please contact me at the [phone] or at the address listed below.

Sincerely,

Steve Kay
Engineer 1
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ

cc: New Hanover County Health Department
Geological Resources, Inc. – Scott Driscoll
WiRO-UST

Wilmington Regional Office | 127 Cardinal Drive Ext| Wilmington, NC 28405 | [phone]