FA-29514_48652_G_NORR_20230504_ARA Request

North Carolina Department of Environmental Quality | Division of Waste Management
Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville,
NC 28301 | [phone]

May 4, 2023

Mr. David Brewer
B G & G, Inc.
11413 NC Highway 42 East
Middlesex, NC 27557-8700

Re: Notice of Regulatory Requirements
15A NCAC 2L .0407(c) [High Risk]
Risk-based Assessment and Corrective Action
For Petroleum Underground Storage Tanks

Brewer’s Grill & Grocery
11413 NC Highway 42 East
Middlesex, Johnston County
Incident Number: 48652
Risk Classification: High
Ranking: H-160-D

Dear Mr. Brewer:

The Limited Site Assessment Report received on March 28, 2023, has been reviewed by the UST Section, Division
of Waste Management, Fayetteville Regional Office. It has been determined that additional assessment information
is needed to help determine the potential risk of exposure to potable water supply wells identified in the LSA. The
risk posed by the discharge or release at the subject site is classified by the Department of Environmental Quality as
high, as stipulated under Title 15A NCAC 2L .0406, due to as many as eight potable water supply wells within 1,000
feet of the source area of a confirmed discharge or release from a commercial UST. The land use at the site is classified
as residential. Please note that Title 15A NCAC 2L .0407(a) requires you to notify the Department of any changes
that might affect the risk or land use classifications that have been assigned.
Title 15A NCAC 2L .0407(c) [High Risk] requires you to comply with the assessment and cleanup requirements of
Title 15A NCAC 2N .0706 and Title15A NCAC 2L .0106(c) 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 submit an Additional Risk Assessment (ARA) Report within 90 days of this notice. This report supplements
the LSA through the assessment of groundwater characteristics and the risk to nearby receptors. Specifically, the ARA
should include, at a minimum:
• The installation of three horizontal extent monitoring wells. One monitoring well shall be installed
upgradient of the source of contamination and two monitoring wells shall be installed downgradient
of the source of contamination, as best as can be determined, and located such that groundwater
flow direction and hydraulic gradient may accurately be determined.
• The analysis of representative soil samples collected during the construction of the monitoring wells.
One soil sample must be collected in the unsaturated zone and one in the smear/saturated zone from
suspected worst-case locations exhibiting visible contamination or elevated levels of volatile
organic compounds based on field screening techniques. Only the suspected most contaminated soil
sample in each zone from each boring should be submitted for laboratory analysis using the EPA
8015B TPH (or equivalent) appropriate for the fuel types suspected in the release.
Page 2 of 2
Incident Number: 48652
May 4, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville,
NC 28301 | [phone]

• The collection of groundwater samples from the new monitoring wells, analyzed by the appropriate
method(s) for the constituents relevant to the release.
• The survey of all monitoring wells and collection of potentiometric data for the completion of a
potentiometric surface / groundwater elevation and flow map.
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 in accordance with
15A NCAC 2L .0103(e) and 2L .0111(e).
The Department 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.
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 (NCGS 143B-279.9 and 143B-279.11).
If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Leaking Petroleum
Underground Storage Tank Cleanup Fund, 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,

Kenneth E. Currie
Hydrogeologist
Fayetteville Regional Office
UST Section, Division of Waste Management, NCDEQ

cc: Dr. Marilyn Pearson, Director, Johnston County Health Department (email copy)
Mr. Kirk Pollard, L.G., Mineral Springs Environmental, P.C., Raleigh, NC (email copy)
Mr. Mike Haseltine, L.G., Regional Supervisor, NCDEQ-UST Section (email copy)
Digital UST Incident File #: 48652