WI-29759_48877_G_NORR_20230213

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

February 13, 2023

Jaya Enterprises, Inc.
Mr. Keith Fountain, Registered Agent
114 Old Bridge St.
Jacksonville, NC 28540

Re: Notice of Regulatory Requirements
15A NCAC 02L .0404 and 02L .0405
Risk-based Assessment and Corrective Action
for Commercial Petroleum Underground Storage
Tanks

Scotchman 231
980 NC Highway 210
Onslow County
Incident Number: 48877
Risk Classification: Pending
Ranking: Pending

Dear Mr. Fountain:
Information received by this regional office of the Underground Storage Tank Section, Division of Waste
Management, on February 2, 2023, confirms a release or discharge from a petroleum underground storage
tank (UST) system at the above-referenced location. Records indicate that you are the owner or operator
of this UST system. Therefore, as a responsible party, you must comply with the initial response and
abatement action requirements of the Title 15A of the North Carolina Administrative Code (NCAC),
Subchapter 02L .0404 and, if applicable, the assessment and reporting requirements of Title 15A NCAC
02L .0405, within the timeframes specified in the attached rules. (Be aware that if Title 15A NCAC 02L
.0405 is applicable, you must comply with its requirements even if you do not receive formal notification
from the UST Section.)
Initial abatement action requirements include the preparation and submittal of an Initial Abatement Action
(IAA) Report, in accordance with Title 15A NCAC 02L .0404 and the most recent version of the Guidelines
for Site Checks, Tank Closure, and Initial Response and Abatement, within 90 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 02L .0103(e) and 02L .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 Residual Petroleum
("Notice") with the Register of Deeds in the county where the property is located (North Carolina General
Statutes 143B-279.9 and 143B-279.11).
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
Enclosures: Title 15A NCAC 02L .0404 and 02L .0405

cc: Onslow County Health Department

Chris Pruneau – WSP Environmental & Infrastructure Inc. – via email
Chris Bailey – Bailey & Associates Inc
405-D Western Blvd.
Jacksonville, NC 28541

Jaya & Harish Mehta – 3705 N. Labarre Rd
Metairie, LA 70002

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

15A NCAC 02L .0404 REQUIRED INITIAL ABATEMENT ACTIONS BY RESPONSIBLE PARTY
(a) Upon a discharge or release of petroleum from a commercial underground storage tank the responsible party
shall:
(1) take action to prevent all further discharge or release of petroleum from the underground storage
tank; identify and mitigate all fire, explosion, and vapor hazards; remove any free product; and
comply with the requirements of 15A NCAC 02N .0601 through .0604, .0701 through .0703, and
.0705 within 24 hours of discovery;
(2) incorporate the requirements of 15A NCAC 02N .0704 into the submittal required under
Subparagraph (3) of this Paragraph or the limited site assessment report required under Rule .0405
of this Section, whichever is applicable. The submittals shall constitute compliance with the
reporting requirements of 15A NCAC 02N .0704(b); and
(3) submit within 90 days of the discovery of the discharge or release a soil contamination report
containing information sufficient to show that remaining unsaturated soil in the side walls and at
the base of the excavation does not contain contaminant levels that exceed either the "soil-to-
groundwater" or the residential maximum soil contaminant concentrations established by the
Department pursuant to Rule .0411 of this Section, whichever is lower. If the showing is made, the
discharge or release shall be classified as low risk by the Department as defined in Rules .0406
and .0407 of this Section.
(b) Upon a discharge or release of petroleum from a noncommercial underground storage tank the responsible party
shall:
(1) take necessary actions to protect public health, safety, and welfare and the environment, including
actions to prevent all further discharge or release of petroleum from the noncommercial
underground storage tank; identify and mitigate all fire, explosion, and vapor hazards; and report
the release within 24 hours of discovery, in compliance with G.S. 143-215.83(a), G.S. 143-
215.84(a), G.S. 143-215.85(b), and G.S. 143-215.94E; and
(2) provide or otherwise make available any information required by the Department to determine the
site risk as described in Rules .0405, .0406, and .0407 of this Section.
(c) The Department shall notify the responsible party for a discharge or release of petroleum from a noncommercial
underground storage tank that no cleanup, no further cleanup, or no further action shall be required without
additional soil remediation pursuant to Rule .0408 of this Section if the site is determined by the Department to be
low risk. This classification is based on information provided to the Department that:
(1) describes the source and type of the petroleum release, site-specific risk factors, and risk factors
present in the surrounding area as defined in Rules .0406 and .0407 of this Section;
(2) demonstrates that no remaining risk factors are present that are likely to be affected per G.S. 143-
215.94V(b); or
(3) documents that soils remaining onsite do not contain contaminant levels that exceed either the
"soil-to-groundwater" or the residential maximum soil contaminant concentrations established by
the Department pursuant to Rule .0411 of this Section, whichever is lower.
The Department shall reclassify the site as high risk, as defined in Rule .0406(1) of this Section, upon receipt of new
information related to site conditions indicating that the discharge or release from a noncommercial underground
storage tank poses an unacceptable risk or a potentially unacceptable risk to human health or the environment, as
described in Rule .0407 of this Section.

History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-
215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(c)(1)-(3);
Amended Eff. December 1, 2005;
Temporary Amendment Eff. September 29, 2017;
Readopted Eff. June 1, 2019.

15A NCAC 02L .0405 REQUIREMENTS FOR LIMITED SITE ASSESSMENT
(a) If the required showing for a commercial underground storage tank cannot be made or if the Department
determines that a release from a noncommercial underground storage tank represents an unacceptable risk under
Rule .0404 of this Section, the responsible party shall submit within 120 days of the discovery of the discharge or
release, a report containing information needed by the Department to classify the level of risk to human health and
the environment posed by a discharge or release under Rule .0406 of this Section.
(b) The responsible party may submit a written request for an extension to the 120 day deadline set forth in
Paragraph (a) of this Rule to the Department for the Department's consideration prior to the deadline. The request
for deadline extension by the responsible party shall demonstrate that the extension, if granted by the Department,
would not increase the risk posed by the release. When considering a request from a responsible party for additional
time to submit the report, the Department shall consider the following:
(1) the extent to which the request for additional time is due to factors outside of the control of the
responsible party;
(2) the previous history of the person submitting the report in complying with deadlines established
under the Commission's rules;
(3) the technical complications associated with assessing the extent of contamination at the site or
identifying potential receptors; and
(4) the necessity for action to eliminate an imminent threat to public health or the environment.
(c) The report shall include:
(1) a location map, based on a USGS topographic map, showing the radius of 1500 feet from the
source area of a confirmed release or discharge and depicting all water supply wells, surface
waters, and designated wellhead protection areas as defined in 42 U.S.C. 300h-7(e) within the
1500-foot radius. 42 U.S.C. 300h-7(e), is incorporated by reference including subsequent
amendments and editions. Copies may be obtained at no cost from the U.S. Government
Bookstore's website at http://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/html/USCODE-
2010-title42-chap6A-subchapXII-partC-sec300h-7.htm. The material is available for inspection at
the Department of Environmental Quality, UST Section, 217 West Jones Street, Raleigh, NC
27603. For purposes of this Section, "source area" means the point of release or discharge from the
underground storage tank system;
(2) a determination of whether the source area of the discharge or release is within a designated
wellhead protection area as defined in 42 U.S.C. 300h-7(e);
(3) if the discharge or release is in the Coastal Plain physiographic region as designated on a map
entitled "Geology of North Carolina" published by the Department in 1985, incorporated by
reference including subsequent amendments or editions and may be obtained electronically free of
charge from the Department's website at https://deq.nc.gov/about/divisions/energy-mineral-land-
resources/north-carolina-geological-survey/ncgs-maps/1985-geologic-map-of-nc, a determination
of whether the source area of the discharge or release is located in an area in which there is
recharge to an unconfined or semi-confined deeper aquifer that is being used or may be used as a
source of drinking water;
(4) a determination of whether vapors from the discharge or release pose a threat of explosion due to
the accumulation of vapors in a confined space or pose any other serious threat to public health,
public safety, or the environment;
(5) scaled site maps showing the location of the following that are on or adjacent to the property
where the source is located:
(A) site boundaries;
(B) roads;
(C) buildings;
(D) basements;
(E) floor and storm drains;
(F) subsurface utilities;
(G) septic tanks and leach fields;
(H) underground and aboveground storage tank systems;
(I) monitoring wells;
(J) water supply wells;
(K) surface water bodies and other drainage features;
(L) borings; and
(M) the sampling points;
(6) the results from a limited site assessment that shall include:
(A) the analytical results from soil samples collected during the construction of a monitoring
well installed in the source area of each confirmed discharge or release from a
noncommercial or commercial underground storage tank and either the analytical results
of a groundwater sample collected from the well or, if free product is present in the well,
the amount of free product in the well. The soil samples shall be collected every five feet
in the unsaturated zone unless a water table is encountered at or greater than a depth of 25
feet from land surface in which case soil samples shall be collected every 10 feet in the
unsaturated zone. The soil samples shall be collected from suspected worst-case locations
exhibiting visible contamination or elevated levels of volatile organic compounds in the
borehole;
(B) if any constituent in the groundwater sample from the source area monitoring well
installed in accordance with Part (A) of this Subparagraph, for a site meeting the high risk
classification in Rule .0406(1) of this Section, exceeds the standards or interim standards
established in Rule .0202 of this Subchapter by a factor of 10 and is a discharge or release
from a commercial underground storage tank, the analytical results from a groundwater
sample collected from each of three additional monitoring wells or, if free product is
present in any of the wells, the amount of free product in such well. The three additional
monitoring wells shall be installed as follows: one upgradient of the source of
contamination and two downgradient of the source of contamination. The monitoring
wells installed upgradient and downgradient of the source of contamination shall be
located such that groundwater flow direction can be determined; and
(C) potentiometric data from all required wells;
(7) the availability of public water supplies and the identification of properties served by the public
water supplies within 1500 feet of the source area of a confirmed discharge or release;
(8) the land use, including zoning if applicable, within 1500 feet of the source area of a confirmed
discharge or release;
(9) a discussion of site-specific conditions or possible actions that could result in lowering the risk
classification assigned to the release. The discussion shall be based on information known or
required to be obtained under this Paragraph; and
(10) names and current addresses of all owners and operators of the underground storage tank systems
for which a discharge or release is confirmed, the owners of the land upon which such systems are
located, and all potentially affected real property owners.

History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-
215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(c)(4);
Amended Eff. December 1, 2005;
Temporary Amendment Eff. September 29, 2017;
Readopted Eff. June 1, 2019.