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HomeMy WebLinkAboutWA-28724_47962_G_NORR_20221122_NRP RQST 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 | (252) 946-6481 November 22, 2022 John E. Ferebee Farming, Inc. c/o Ms. Martha Ferebee 217 Lambs Road Camden, NC 27921 Re: Notice of Regulatory Requirements G.S. 143B-279.9 and 143B-279.11 Notice of Residual Petroleum Ferebee Farming Diesel USTs 350 Scotland Road, Camden, NC Camden County Incident Number: 27962 Risk Classification: Low Ranking: L 0110 D Dear Ms. Ferebee: The Underground Storage Tank (UST) Section, Division of Waste Management, Department of Environmental Quality (Department) has reviewed the UST Closure Report dated July 21, 2021. This report documents the closure of two 8,000-gallon diesel USTs located on the aforementioned site, including soil and groundwater sampling conducted at that time. During the tank closure event, multiple petroleum constituents were detected in soil samples in excess of the applicable ‘soil-to-groundwater’ and ‘residential’ maximum soil contaminant concentrations (MSCCs) defined in Title 15A of the North Carolina Administrative Code (NCAC) Subchapter 2L .0411. Additionally, petroleum compounds covering the C9-C22 Aromatic fraction were detected in groundwater at concentrations exceeding the groundwater quality standard (GWQS) defined for that group under Title 15A NCAC 2L .0202. However, as information has been provided to the Department confirming the abandonment of the onsite water supply well and connection of the facility to public water, and as all other properties within 1500’ of the facility are agricultural fields, the site has been classified as ‘Low Risk’. As such, this incident is eligible for a No Further Action designation following the completion and recordation of a Notice of Residual Petroleum with land use restrictions on soil and groundwater as described in North Carolina General Statutes (G.S.) §143B-279.9 and §143B-279.11. The Notice must include a declaration containing a legal description of the property that is the source of contamination as well as appropriate land use restrictions that prohibit redevelopment of the site for residential purposes and the use of the groundwater or installation of water supply wells onsite. The completed Notice declaration should be sent to this regional office of the UST Section within 30 days of the date of this letter for approval and notarization by the UST Section Regional Office Supervisor. The approved and notarized Notice will then be returned to be filed by you with the Camden County Register of Deeds. A certified copy of the filed Notice declaration must be submitted to this office within 30 days of its return. Please note that, as the Responsible Party for this release, you will have ongoing responsibilities with respect to the oversight and maintenance of any land use restrictions. No further remedial action will be required while the institutional controls are properly maintained to keep the site risk low. However, any change in use at either the site or neighboring property (such as property sales, redevelopment, change in zoning/use, installation of supply wells, etc.) could potentially affect the risk posed by the residual contamination onsite and undermine this risk-based corrective action plan. As such, any change in use must be reported to this regional office as soon as possible to allow for any necessary reevaluation of risk. Effective October 1, 2004, the Department requires that all work not associated with an emergency response be preapproved if State Trust Fund reimbursement is anticipated. If you wish to comply with this requirement, a completed ePATA encompassing your proposed scope of work must be received and approved by this office prior to conducting any work for which reimbursement will be sought. 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. If you have any questions regarding this letter, please contact me at the address, telephone number, or email listed below. Sincerely, Jared M. Edwards Environmental Program Consultant, Washington Region UST Section, Division of Waste Management, NCDEQ (252) 948-3949 / jared.edwards@ncdenr.gov Encl: Instructions for Preparing a Notice of Residual Petroleum Cc: Geological Resources, Inc. – William Regenthal (electronic copy) Washington Regional Office | 943 Washington Square Mall | Washington, NC 27889 | (252) 946-6481