HomeMy WebLinkAboutRA-6738_33892_G_NORR_20211110November 10, 2021
Circle K Stores, Inc.
Mr. Alan Cubberley
1100 Situs Court, Suite 100
Raleigh, North Carolina 27606
Re: Notice of Regulatory Requirements
15A NCAC 2L .0407
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Acknowledgement of Report Receipt
Circle K Store 2723471
(previously Pantry 3471)
4940 U.S. Hwy 264 West, Wilson
Wilson County
Incident Number:33892
Risk Classification: High
Ranking: H 95 D
Dear Mr. Cubberley:
The Division of Waste Management (DWM) Underground Storage Tank (UST) Section received the
Groundwater Monitoring Report (Report) dated November 4, 2021. The report has been reviewed and will
be maintained in the Washington Regional Office. The report indicates continued levels of groundwater
contamination and the presence of LNAPL. The subject incident has been determined by the Department,
in response to North Carolina General Statute (NCGS) 143-215.94E(e4), to be of sufficiently high priority
to allow funding by the State Trust Fund Program. Therefore, you are directed to proceed with assessment.
Specifically, you are required to:
Continue to sample monitoring wells on a nine-month schedule, with the next sampling event
occurring in July 2022. Submit the results of the groundwater sampling activities in a monitoring
report within 30 days of receipt of the analytical results.
Perform free-product recovery activities on MW-3.
Effective October 1, 2004, 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.
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 Title 15A NCAC 2L .0103(e) and 2L .0111(b).
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).
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 the actions or the rules mentioned in this letter, please contact me at
the address or telephone number listed below. If you have any questions regarding trust fund eligibility or
reimbursement, please contact the UST Section Trust Fund Branch at (919) 733-8486.
Sincerely,
Allison Ward
Hydrogeologist
Washington Regional Office
cc: ATC Associates of North Carolina, P.C., Maureen Jackson, via email
WaRO