RA-6716_33873_C_CL_20230301_Initial Notice to owner

March 1, 2023
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7011 1570 0001 8545 6803
Mr. Larry Ricks
4802 Rogers Road
Durham, NC 27704
RE:Notification of No Further Action and Notice of Residual Petroleum – Groundwater15A NCAC 2L .0115(h)Risk-Based Assessment and Corrective Action for Petroleum Underground Storage Tanks
UST Section State Lead Program Property – Cheek Road Grocery
5801 Cheek Road
Durham, Durham County, NCIncident # - 33873Dear Mr. Ricks:
The referenced property was referred to the State of North Carolina Underground Storage Tank (UST) Trust Fund Branch, State-Lead Program in 2020. According to the available information,
the property was used as a gas station/grocery store. In 2007, based on an inspection performed by the Department, free product was reported present underneath the dispenser islands.
A Notice of Violation was sent to the tank owner, Mr. Jerry Hinesley on July 20, 2007. Then in July 2010 a 20-Day Report was submitted by the tank owner, Mr. Jerry Hinesley, in which
among other things the report stated that the tanks had been removed in February 2010 and confirmed the presence of petroleum related contamination.Nofurther assessment/remediation was
performed at the site following submittal of the report. In November 2019 Mr. Hinesley informed the Department that he was not financially able to address the environmental situation
at the site property. According to Department information, the property was acquired by you on October 23, 2014 from the Murkan, Inc.
Following acceptance into the State Lead program in 2020, additional assessment was performed. The results of the assessment determined a limited area of groundwater contamination present
above the State’s regulatory NC 2L standards on the site property. In addition to the periodic groundwater testing, a receptor survey was performed, and acontaminant fate & transport
evaluation was completed which evaluated the status of the groundwater quality within the immediate area of the site property and its expected extent in migration. The results of the
assessmentperformed indicate the following; theextent of affected groundwater is limited to the site property, thewater supply wells located within a 1,000 feet are not expected to be
impacted by the groundwater contamination from the site, andthe petroleum related contaminants present in the groundwater exceed the North Carolina 2L Groundwater Quality Standards (NC
2L Standards) but are below the North Carolina groundwater Gross Contaminant Levels (GCLs).
Based on the information obtained, the site risk for the property has been re-classified as low risk. As such, the UST Section has determined that no further action is warranted for
this incident. This determination shall apply unless the UST Section later determines that the discharge or release poses an unacceptable risk or a potentially unacceptable risk to human
health or the environment. Because the site property groundwater does not meet the current "unrestricted use" standards, meaning the groundwater contamination exceeds the NC 2L Standards,
a Notice of Residual Petroleum for Groundwater will need to be placed on the deed. The placing of a Notice of Residual Petroleum on the deed will close the incident. The notice simply
states that there is residual petroleum-contaminated groundwater present at the site and the notice can be removed at any time, by the State, when it can be shown that the contaminated
soil and groundwater has been removed or has naturally attenuated to below the applicable standards. The State will file the Notice.
Pursuant to 15A NCAC 2L .0409, you have a continuing obligation to notify the UST Section of any changes that you know of or should know of, that might affect the level of risk assigned
to the discharge or release.
Should you have any questions concerning this notice, please contact Mark Petermann at 336-776-9688 or me at [phone].Sincerely,
Wayne Randolph, CPM
Trust Fund Branch Manager
UST Section-Division of Waste Management
NC Department of Environmental Quality
cc: Mark Powers, NCDEQ - Raleigh Regional Office, [e-mail]
Dr. Kimberly Sowell, Durham County Manager, [e-mail]
Durham County Environmental Health, [e-mail]