HomeMy WebLinkAboutWA-27076_38241_G_NORR_20190104
January 4, 2019
NC DOT Fleet & Material Management Unit
Mr. Daniel Keel, State Equipment Superintendent
1566 Mail Service Center
Raleigh, North Carolina 27606
Re: Notice of Regulatory Requirements
NCGS 143B-279.9 and 143B-279.11
Notice of Residual Petroleum
NCDOT Martin County Maintenance
Gas Dispenser Line Release
1740 Prison Camp Road, Williamston
Martin County
Incident Number: 38241
Risk Classification: Low
Ranking: 150 D
Dear Mr. Keel:
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 Martin 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. This site exceeds “unrestricted use standards” for soil and groundwater.
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.
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.
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 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
Attachment: Instructions for Preparing Notice of Residual Petroleum
cc: Martin County Health Department
CATLIN, Mr. Sean O’Neil, 220 Old Dairy Road, Wilmington, NC 28405
WaRO