WA-27683_38811_G_NORR_20210728_CSA EXT FINAL

ROY COOPER Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director

North Carolina Department of Environmental Quality | Division of Waste Management | UST Section
Washington Regional Office | 943 Washington Square Mall | Washington, NC 27889 | [phone]
July 28, 2021
Scott Driscoll
E.J. Pope & Son, Inc.
PO Drawer 649
Mount Olive, NC 28365
Re: Notice of Regulatory Requirements
15A NCAC 2L .0407(c) [High Risk]
Risk-based Assessment and Corrective Action
For Petroleum Underground Storage Tanks
Handy Mart 15 / Peele Property
UST Facility ID: 00-0-0000005485
2495 US Highway 13 North, Goldsboro, NC
Wayne County
Incident Number: 38811
Risk Classification: High
Ranking: H 185 A (Active, Unabated or Unknown)
Dear Mr. Driscoll:
The Underground Storage Tank (UST) Section, Division of Waste Management, Department of
Environmental Quality (Department) has received and reviewed the July 22, 2021 Ground Water
Monitoring Report for the subject site submitted in lieu of a Comprehensive Site Assessment (CSA) Report.
This report documents groundwater sampling efforts performed on June 29, 2021 on the existing Limited
Site Assessment (LSA) well network, providing an update on the status of environmental conditions
pending the connection of public water and abandonment of water supply wells in the area.
While any potentially at-risk supply well remains, the risk posed by the release at this site must be
classified as ‘High’ per Title 15A of the North Carolina Administrative Code (NCAC) Subchapter 2L
Section .0406. If supply wells are replaced with public water connections, or the plume is modeled as stable
with no apparent migration towards any potential receptors, the risk classification may be reevaluated.
However, please note that reclassification to ‘Low’ risk and the issuance of a No Further Action
determination requires confirmation that the release does not pose “an unacceptable risk or potentially
unacceptable risk to human health or the environment” as described in Title 15A NCAC 2L .0407(e).
Currently, no apparent source has been reported for this release and no abatement proposed, such as the
repair of a failed component or a modification of practices that may have led to this release.
Contaminant source definition and associated abatement efforts to ensure that no ongoing release
is present are necessary for confidence in reclassifying site risk and approving a risk-based closure strategy.
Reclassification and closure also require confirmation that the site meets the allowable maximum soil
contaminant concentrations (MSCCs) described in Title 15A NCAC 2L .0408(3) and gross contaminant
levels (GCLs) for groundwater from the Intermediate Risk definition under Title 15A NCAC 2L .0406(2).
Accordingly, any request for reclassification must define one or more sources for the contamination
detected during the Department of Transportation’s Environmental Site Assessment (2495DPT-3), the Site
Check (SB-3-2’), and the LSA (MW-1 and MW-2). The request must describe any subsequent abatement
efforts undertaken to address potential sources and stop any ongoing release to the environment, as well as
confirm that soil and groundwater contamination meet the allowable risk-based closure standards.
Until the site has been reclassified, Title 15A NCAC 2L .0407(c) [High Risk] continues to require
you to comply with the assessment and cleanup requirements of Title 15A NCAC 2N .0706 and Title 15A
NCAC 2L .0106(c) and 2L .0106(g), as described in the most recent version of the Guidelines for
Assessment for UST Releases. Based on the information provided in this most recent monitoring report,
the prior deadline for preparing and submitting a report in accordance with these requirements has been
rescinded for a second time. A final deadline for completion of the Comprehensive Site Assessment (CSA)
and submittal of a report documenting the findings is hereby set at 90 days from the date of this notice.
This CSA scope must include the delineation of the contaminant plume in the downgradient
direction. Each of the two post-LSA monitoring events have demonstrated eastward or southeastward flow,
away from the existing well network. Delineation of the plume to the east, in the direction of the initial
DOT detections, is key to evaluating any potential risk posed by this release. If source definition, including
abatement if applicable, and water line extension with receptor abandonment cannot be completed to allow
for risk reclassification before the deadline defined above, then the CSA with additional soil and
groundwater plume delineation as required in rule must be prepared and a report submitted.
In accordance with Title 15A NCAC 2L .0114, a summary of the CSA Report must also be
submitted to the local Health Director and the local Chief Administrative Officer, no later than five working
days after submittal of the CSA Report to this office.
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.
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 Title
15A NCAC 2L .0407(a) confirms a continuing obligation to notify the Department of any changes that
might affect the risk or land use classifications that have been assigned.
Additionally, the guidance regarding preapproval and timely claim preparation to obtain
reimbursement of eligible costs from the State Trust Fund remains as outlined in the Department’s initial
Notice of Regulatory Requirement for the CSA, dated December 2, 2020. 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 questions regarding the information contained in this letter, please contact me at the
physical address, telephone number, or email address listed below.
Sincerely,
Jared M. Edwards
Hydrogeologist - Washington Regional Office
UST Section, Division of Waste Management, NCDEQ
[phone] / [e-mail]
cc: E.J. Pope & Son, Inc., Scott Driscoll (electronic copy)
Geological Resources, Inc., William Regenthal (electronic copy)