HomeMy WebLinkAboutFA-27949_47245_C_NRP_20230518
North Carolina Department of Environmental Quality | Division of Waste Management
Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville,
NC 28301 | (910) 433-3300
May 18, 2023
SENT VIA EMAIL
Attn: Jennifer Parish
North Carolina Department of Transportation
Roadside Environmental Unit
1557 Mail Service Center
Raleigh, NC 27699-1557
Re: Notice of Regulatory Requirements
NCGS 143B-279.9 and 143B-279.11
Notice of Residual Petroleum
NCDOT Carthage Road Oil Facility
3388 US Highway 15-501
Carthage, Moore County
Incident Number: 47245
Risk Classification: Low
Ranking: L70D
Dear Ms. Parish:
North Carolina General Statute (NCGS) 143B-279.9 and 143B-279.11 require a Notice of Residual
Petroleum (Notice) to be filed with the Register of Deeds in Moore County, where the release is located,
when a release from an underground storage tank has not been remediated to below “unrestricted use
standards”. The Notice is required either prior to conveyance of a contaminated property or prior to
receiving a Notice of No Further Action. “Unrestricted use standards” for groundwater are the groundwater
quality standards and interim standards contained in Title 15A NCAC 2L .0202, and “unrestricted use
standards” for soil are the residential maximum soil contaminant concentrations (MSCCs) established in
Title 15A NCAC 2L .0411.
The Notice must be prepared in accordance with the attached instructions and format. It must contain a
legal description of the property containing the source of contamination and legal descriptions of any other
properties which you own (or control) which are contaminated by the release. The Notice must also include
appropriate land use restrictions for these properties. In addition, the Notice must identify all other
properties (adjacent, adjoining, downgradient, etc.) on which contamination is known to exist at the time
the Notice is prepared.
The Notice must be sent to this regional office of the UST Section within 30 days of the date of this letter
for approval and notarization. The approved and notarized Notice must then be filed by you with the
Register of Deeds, and a certified copy of the filed Notice must be submitted to this office within 30 days
of its return to you.
Page 2 of 2
Incident Number 47245
5/16/2023
North Carolina Department of Environmental Quality | Division of Waste Management
Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville,
NC 28301 | (910) 433-3300
The Department of Environmental Quality requires that all work following the submittal of the Limited
Site Assessment Report (Title 15A NCAC 2L .0405) be preapproved if State Trust Fund reimbursement is
anticipated. To comply with this requirement, a completed Preapproval/Claim Authorization Form,
encompassing the required remedial activities, must be received in this office within 14 days of the date of
this letter. Upon completion of the preapproved activities, you should submit your claim promptly.
Reimbursement funds are budgeted based on completed preapprovals, but lengthy delays in reimbursement
can occur if claims are not submitted immediately following work completion.
Failure to comply with this letter is a violation of North Carolina law and may result in the assessment of
civil penalties and/or the use of other enforcement mechanisms available to the state. 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,
Nathan Beauchamp
Hydrogeologist
Fayetteville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Seam O’Neil, Catlin
Attachment: Instruction for Preparing Notice of Residual Petroleum