WA-29321_48485_M_C_20220609

1
Stone, Carrie
From:Patty Braswell-Isler <[e-mail]>
Sent:Thursday, June 9, 2022 11:07 AM
To:Stone, Carrie
Subject:[External] Re: Home Heating Oil Underground Storage Tank Closure Requirements
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to 
Report Spam. 

Thanks so much info. I will read over everything thoroughly and get it done asap.

On Thu, Jun 9, 2022 at 10:58 AM Stone, Carrie <[e-mail]> wrote:
Good morning Patty,

TJ forwarded the UST sampling report. We have determined that the site meets the low risk criteria and is
therefore eligible for site closure with the filing of a Notice of Residual Petroleum. The Notice basically
prohibits the installation of a water supply well on the property and explains that contaminated soil should not
be disturbed within 3 feet of the tank. If there is a need to excavate in that area at some point, the
contaminated soil would need to be property disposed of. We get many questions about planting in the
area. Not for human consumption plantings are fine and would likely aid in remediating the contamination.

TJ also mentioned that you were in the process of closing on the property very soon. By law the NRP is
supposed to be filed prior to the transfer of the property. Our office will work with you to get this
accomplished as soon as possible.

The Notice of Regulatory Requirements is attached along with the Notice Instructions. There are 2 choices for
soil restriction. You can choose Alternate 2 and include the map TJ provided which shows the location of the
tank. Just be sure to label it Attachment A when filing with the Notice. I sent both a PDF and Word
document.

This is typically how the process works:

Steps for NRP on noncommercial USTS where minor petroleum contamination remains on site and the site is
considered Low risk:
2
1. Our office will send a letter to the responsible party asking that they place a Deed Restriction/Notice of
Residual Petroleum (NRP) on the parcel of land. The NRP will indicate if soil and/or groundwater use is
restricted.
2. The responsible party fills, signs, and notaries the NRP. Once this is done it is sent to our office (943
Washington Square Mall, Washington NC 27889) for the supervisor of DWM/UST section’s signature.
3. Once the NRP has been signed by all parties, it will be mailed back to the responsible party along with a
Conditional Notice of No Further Action issued by our office.
4. This Notice states that the Final No Further Action letter is conditional upon the NRP being filed with the
Register of Deeds and completion of public notice (discussed below).
5. The responsible party will take the original signed NRP to the appropriate County’s Register of Deeds
office to be filed. Once it is filed with the Register of Deeds you keep the original for yourself.
6. Public Notice can be a copy of the Conditional Notice of No Further Action letter with a short note saying
This letter is being sent to you as a requirement of Public Notification to finalize the closure requirements for
the underground storage tank located at ****). Public Notice is required to be sent by certified mail, or by
posting in a prominent place, if certified mail is impractical. Notices will need to be sent to the local health
director, the chief administrative officer of each political jurisdiction in which the contamination occurs and all
property owners and occupants within or contiguous to the area containing contamination. Properties across
the street are not required, just the adjacent property owners.
7. When you receive return receipts of the certified mail, copies of the return receipts will need to be sent to
us along with a copy of the filed NRP. If the return receipts are slow to be returned, you can find the delivery
confirmation online and send that in. You can send the return receipt and NRP copies in via mail or email
them. After we receive these, we will be able to issue the Final No Further Action Letter.
If you are preparing the Notice and would like for us to take a look at the Notice before you have it notarized
to ensure it is correct, we would be happy to review it. TJ is also very familiar with the process if you choose
to have him complete the documentation on your behalf.

If you have any questions, please feel free to email me.

Best Regards,

Carrie

3

Carrie Stone
Hydrogeologist, Washington Regional Office
Division of Waste Management - UST Section
North Carolina Department of Environmental Quality
252.946.6481 (Office)
[e-mail]

Mailing Address:
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889

ALL UST ARCHIVED FILES CAN BE FOUND ON THE FOLLOWING LINK:
https://deq.nc.gov/about/divisions/waste-management/laserfiche

Link to Leaking UST GIS MAP: USE MAP FOR LOCATING UST SITES ACROSS THE STATE:
https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-maps/rust-map

From: Stone, Carrie
Sent: Friday, May 20, 2022 12:09 PM
To: [e-mail]
Subject: Home Heating Oil Underground Storage Tank Closure Requirements

Patty,

It was nice speaking with you.
4

Thank you for calling to inquire about Heating Oil Underground Storage Tank (UST) Closure Requirements.

As we spoke about, Heating Oil USTs are considered Non Regulated tanks and are exempt from closure
requirements. The state does not require anything to be done unless there is evidence of a release (observation,
testing, hole in the tank, stained soil, petroleum sheen on water, etc.). Though not required the tank owner is
strongly advised to empty a tank once it is no longer being used in order to limit the chance of a release.

Closure requirements for USTs means removing the tank from the ground or filling the empty tank with a
solid, inert material such as sand, foam or cement. If no contamination is observed then our office does not
have to be notified.

If you choose to remove the UST and observe contamination then you are required to report the contamination
to us within 24 hours, properly close, handle, and dispose of any petroleum contaminated soil if excavated.

Once contamination is reported, our office will determine if the release meets the requirements for a Low or
High Risk Classification.

Low Risk

If the site meets the criteria for a Low Risk Classification (no supply wells are present within 150 feet and no
free phase petroleum product is observed within 30 feet of a property boundary) and no sampling has been
done (only observation), then a Notice of Residual Petroleum would need to be filed with the Registrar of
Deeds office prior to issuance of a No Further Action (NFA) letter. A Notice of Residual Petroleum contains
land use restrictions which basically state that a water supply/irrigation well must not be installed on the
property and the area in the immediate vicinity of the release should not be disturbed. If excavation is required
in that area for future projects/construction, soil will need to be disposed of properly.

If testing was done and results are less than the action levels our office would issue a No Further Action
letter. Please note that if the groundwater table in your area is shallow it may be necessary to sample
groundwater also if a No Further Action Letter is requested.

High Risk
5

If contamination is found, either through observation or sampling, and a water supply well is located within
150 feet of the tank or free phase product is observed in the soil or groundwater within 30 feet of a property
boundary, then we would assign the site a high risk classification. Additional assessment will likely be
required. This could involve sampling of soil and/or groundwater to determine if additional excavation is
needed. If there is a well within 150’ and abandonment/closure of the well is an option, the rank may be
lowered, and filing of the Notice of Residual Petroleum would be required prior to issuance of a No Further
Action Letter.

To summarize, the State does not require that anything be done unless you see evidence of a release from the
tank. If you do want to properly close the tank, you can close it in place by emptying/pumping the contents
and filling it with an inert substance or remove the tank from the ground. A contractor may be able to provide
you with documentation of tank closure. If no contamination is observed, it does not need to be reported to our
office. If contamination is found, it should be reported to our office and we will direct what is required. Please
note that our office cannot provide documentation of a "clean closure" or No Further Action status without
testing of the soil and groundwater or filing of a Notice of Residual Petroleum.

We have a few consultants in the area who deal with closure/sampling of home heating oil underground
storage tanks. They may be able to provide you with a contractor who can close the tank in place if that is the
route you choose. I would recommend calling a few of them to inquire about costs.

Allied Environmental Services, LLC
Greenville, NC
252-758-3311

Labrador Environmental
TJ Benthall
Williamston, NC
252-508-4509

Terracon Consultants, Inc.
Winterville, NC
252-353-1600
6

If you have questions, please feel free to contact me via the email or telephone number listed below.

Carrie

Carrie Stone
Hydrogeologist, Washington Regional Office
Division of Waste Management - UST Section
North Carolina Department of Environmental Quality
252.946.6481 (Office)
[e-mail]

Mailing Address:
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889

ALL UST ARCHIVED FILES CAN BE FOUND ON THE FOLLOWING LINK:
https://deq.nc.gov/about/divisions/waste-management/laserfiche

Link to Leaking UST GIS MAP: USE MAP FOR LOCATING UST SITES ACROSS THE STATE:
https://deq.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-maps/rust-map

7

--
Patty Braswell-Isler
Realtor
Fathom Realty
11312 US 15-501 N., Ste 107-128
Chapel Hill, NC 27517
[phone]
[phone] (efax)
[phone] (fax)
http://www.trianglehomesbypatty.com