WI-29608_48855_G_NORR_20230131

North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 |
[phone]

January 31, 2023

Air Wilmington, Inc.
CT Corporation System, registered Agent
160 Mine Lake Ct, Ste 200
Raleigh, NC 27615

Re: Notice of Regulatory Requirements
15A NCAC 2L .0405
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks

Air Wilmington – Penn Tank Line Rupture
1817 Aviation Dr., Wilmington
New Hanover County
Incident Number: 48855
Risk Classification: Pending
Ranking: Pending

Dear Registered Agent:
The Initial Abatement Action Report received by the UST Section, Division of Waste Management,
Wilmington Regional Office on January 15, 2023 has been reviewed. The review indicates soil
contamination exceeds the applicable total petroleum hydrocarbons (TPH) screening limit Therefore, the
UST Section hereby confirms that you must comply with assessment and reporting requirements of Title
15A NCAC 2L .0405, within the timeframes specified in the attached rule.
The requirements of Title 15A NCAC 2L .0405 include the preparation and submittal of a Limited Site
Assessment (LSA) Report, in accordance with the rule and the most recent version of the UST Section
Assessment Guidelines and UST Section Corrective Action Guidelines, within 120 days of discovery of the
release.
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 of Environmental Quality in accordance with Title 15A NCAC 2L .0103(e) and 2L .0111(e).
Please note that before you sell, transfer, or request a “No Further Action” determination for a property that
has not been remediated to below “unrestricted use” standards, you must file a Notice of Contaminated Site
("Notice") plat and declaration with the Register of Deeds in the county where the property is located
(NCGS 143B-279.9 and 143B-279.10).
Failure to comply with the State's rules in the manner and time specified may result in the assessment
of civil penalties and/or the use of other enforcement mechanisms.

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 [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 address or telephone number listed below.

Sincerely,

Liz Price
Hydrogeologist
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachments: Title 15A NCAC 2L .0405

cc: New Hanover County Health Department

Mr. Jim Jackson - Penn Tank Lines - [e-mail] – via email

James Stump – A-C-T Environmental & Infrastructure, Inc. – via email
Joe Beaman – highlands Environmental – via email
Mark Carmen – Air Wilmington, Inc.
717 Fifth Ave, Suite 12A
New York, NY 10022

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