HomeMy WebLinkAboutWA-26862_38040_G_NORR_20220711
July 11, 2022
Mallard Oil Company
ATTN: Mr. Titus Smith
Post Office Box 1008
Kinston, North Carolina 28503
VIA EMAIL
Re: Notice of Regulatory Requirements
15A NCAC 2L .0407
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Acknowledgement of Report Receipt
Mallard 17 Food Store
540 NC Highway 55 East
Craven County
Incident Number:38040
Risk Classification: High
Ranking: H 194 D
Dear Mr. Smith:
The Division of Waste Management (DWM) Underground Storage Tank (UST) Section received
the Groundwater Monitoring Report (Report) dated June 13, 2022. The report has been reviewed
and will be maintained in the Washington Regional Office. The report indicates continued
presence of groundwater contamination, below GCL. 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 WSW-1 and monitoring wells on a nine-month schedule with the next
sampling event being around January 2023. Submit the results of the groundwater
sampling activities in a monitoring report within 30 days of receipt of the analytical results.
• If needed, please install bio-socks in necessary monitoring wells.
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: Craven County Health Department
Labrador Environmental Consultants, PC, Mr. Thomas Benthall, via email
WaRO