WA-92968_96721_G_NORR_20221003_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 | [phone]
October 3, 2022
SMH Outer Banks, LLC
Attn: Mark Liffers
708 Harbor Rd
Wanchese, NC 27981
Re: Re: Notice of Regulatory Requirements
NCGS 143B-279.9 and 143B-279.11
Notice of Residual Petroleum
Outer Banks Marina
712 Harbor Road, Wanchese, NC
Dare County
Incident Number: 96721
Risk Classification: Low Risk
Risk Ranking: L 0050 R
Mr. Liffers:
On September 23, 2022, the Underground Storage Tank (UST) Section, Division of Waste
Management, Department of Environmental Quality (Department) received the Limited Site Assessment
Report for this site. This report documents current and previous soil and groundwater sampling efforts as
well as potential receptors of contamination onsite and in the surrounding area.
The results of the sampling demonstrated no apparent concentrations of petroleum constituents in
soils in excess of the Residential Maximum Soil Contamination Concentrations (MSCCs) defined in Title
15A of the North Carolina Administrative Code (NCAC) Subchapter 2L .0411.
In contrast, the results of groundwater sampling at location B5 reported the petroleum compound
benzene at a concentration exceeding the applicable groundwater quality standards (GWQS) defined by
Title 15A NCAC 2L .0202, but below the gross contaminant levels and levels protective of surface water
that would qualify the site as Intermediate Risk under Title 15A NCA 2L .0406(2).
The receptor information showed no apparent at-risk receptors, with the only water supply well
within 1000’ of the release being a non-transient, non-community commercial/industrial process well on
the property ~920’ north of the source area (Wanchese SFP Well #1 – NC0428462). The Department has
determined that the incident does not pose a significant risk to that supply well.
Accordingly, the site risk is classified as Low.
Based on this risk classification, you may either:
1. Proceed with additional groundwater cleanup and assessment, including active remediation
strategies such as source area dewatering/excavation, or passive strategies such as monitored
natural attenuation, or
2. Complete the steps necessary for risk-based site closure using institutional controls that legally
restrict site activities to minimize the residual risk posed by the groundwater contamination.
If the remedial alternative is selected, please contact this office within 30 days of the date of this
letter to discuss the intended strategy and the proposed schedule of events.
For the risk-based closure alternative, North Carolina General Statutes (G.S.) §143B-279.9 and
§143B-279.11 require the filing of a Notice of Residual Petroleum (NRP) with the County Register of
Deeds when No Further Action (NFA) is requested for a Low Risk incident if contamination in soil and/or
groundwater remain above the applicable “unrestricted use standards” (i.e., the MSCCs and GWQS).
Based on site conditions, to obtain a risk-based NFA designation you must prepare a NRP with
land use restrictions on the groundwater in accordance with the attached instructions and format. The NRP
must include a declaration containing a legal description and/or a plat of the property that is the source of
contamination as well as any other properties that you own or control that have been contaminated by this
release, with appropriate restrictions on groundwater for all the contiguous properties.
The NRP 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. The approved and notarized NRP will then be returned
to you to be filed with the Dare County Register of Deeds. A certified copy of the filed NRP declaration
must be submitted to this office within 30 days of its return. You will also be required to notify all
contiguous property owners, the county health department, and the chief administrative officer in the
jurisdiction containing the property, of the risk-based NFA, with proof of delivery submitted to this office.
Please note that you will have ongoing responsibilities with respect to the oversight and
maintenance of all land use restrictions. Although ‘no further action' is required while these institutional
controls are properly maintained to keep the site risk low, any change in use at either the site or at any
impacted neighboring property (such as property sales, redevelopment, change in zoning/use, installation
of new supply wells, etc.) could potentially affect the risk posed by contamination at the site and undermine
this risk-based corrective action plan. As such, any change in use for the site or neighboring properties must
be reported to the regional office as soon as possible to allow for any necessary site risk reevaluation.
Failure to comply with the State's rules in the manner and time specified may result in the
assessment of civil penalties and/or the use of other enforcement mechanisms.
If you have questions regarding the information contained in 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
Phone: [phone] / Email: [e-mail]
Attachments: Instructions for Preparing a Notice of Residual Petroleum – Alternate Groundwater Restriction
General Statutes §143B-279.9 & §143B-279.11
cc: Partner Engineering and Science – Mr. Alex Smith (electronic copy)
Washington Regional Office | 943 Washington Square Mall | Washington, NC 27889 | [phone]