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