WI-8072_43104_E_NOV_20230418

North Carolina Department of Environmental Quality | Division of Waste Management 
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | 
(910) 796‐7215
April 18, 2023
CERTIFIED MAIL 7021 2720 0002 3808 1102
RETURN RECEIPT REQUESTED
Attn: Jack White, Registered Agent
Sky Investments, Inc.
PO Box 40
Shallotte, NC 28459-0968
Re: Notice of Violation of 15A NCAC 2L .0400
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Sky Mart
3221 Holden Beach Rd, Supply
Brunswick County
Incident Number:43104
Risk Classification: High / Ranking: H 155 R
Dear Mr. White:
Information received by this office of the UST Section, Division of Waste Management confirms a release
or discharge from a petroleum underground storage tank (UST) system at the above-referenced location.
Records indicate that you are the owner or operator of this UST system. This letter explains the violation(s)
and associated corrective action(s) you must take because of the release or discharge in accordance with
North Carolina statutes and rules. The UST Section, Division of Waste Management, administers the state's
rules for USTs and the required response for petroleum releases. Those rules are in Title 15A, Subchapter
2L and Title 15A, Subchapter 2N of the North Carolina Administrative Code (NCAC).
VIOLATION 1:
Failure to submit a Monitoring Report to the UST Section in accordance with Title 15A NCAC 2L .0407(c),
2L .0110, and 2L .0111. As requested in the Notice of Regulatory Requirements dated August 25,
2022 (copy attached)
REQUIRED CORRECTIVE ACTION:
Based on the determination that the risk posed by the discharge or release at the subject site is high, you
must comply with assessment requirements pursuant to Title 15A NCAC 2L .0407(c), 2L .0110, and 2L
.0111. Please submit a Monitoring Report in accordance with Title 15A NCAC 2L .0407(c), 2L .0110, and
2L .0111, and the most recent version of the UST Section Assessment Guidelines and Corrective Action
Guidelines. The Monitoring Report must be received by this office within 30 days of the date of receipt of
this notice.
Page 2 of 2
#43104
April 18, 2023
North Carolina Department of Environmental Quality | Division of Waste Management 
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | 
(910) 796‐7215
Please take the corrective action(s) for the above violation(s) as necessary to bring the site into compliance.
Corrective actions must be taken and reported to the Wilmington Regional Office, within 30 days from the
date of this notice, unless otherwise noted in the above corrective actions, to avoid recommendation of civil
penalties for continuing violations.
Penalties may be assessed for the violation(s) described within this Notice of Violation. Your prompt
attention to the items described herein is required. Failure to comply with the State's rules, in the manner
and time specified, may result in the assessment of additional civil penalties and/or the use of other
enforcement mechanisms available to the State. Each day that a violation continues may be considered a
separate violation.
Please note that performing assessment and cleanup work that is not required under 15A NCAC 2L .0400
is not reimbursable from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund.
If you have any questions regarding the actions that must be taken or the rules mentioned in this letter,
please contact Liz Price at the address or telephone number listed below. If you have any questions
regarding trust fund eligibility or reimbursement, please contact the UST Section Trust Fund Branch at
[phone].
Sincerely,
Mike Haseltine
Regional Supervisor
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Brunswick County Health Department
Rae Brown – GRI, via email
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | [phone] 

August 25, 2022

CERTIFIED MAIL 7020 1290 0001 6718 4385
RETURN RECEIPT REQUESTED

Attn: Jack White, Registered Agent
Sky Investments, Inc.
PO Box 40
Shallotte, NC 28459-0968

Notice of Regulatory Requirements
15A NCAC 2L .0407(b)
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks

Sky Mart
3221 Holden Beach Rd, Supply
Brunswick County
Incident Number:43104
Risk Classification: High / Ranking: H 155 R

Dear Mr. White:

The Comprehensive Site Assessment, dated August 24, 2022, has been reviewed by the UST
Section and it has been determined by the Department, in response to North Carolina General Statute
(NCGS) 143-215.94E(e4), to be of sufficiently high priority to allow funding by the State Trust Fund
Program. Therefore, you are directed to proceed with assessment or remediation activities as required in
this Notice of Regulatory Requirements dated August 25, 2022. Specifically, you are requested to complete
the following:

Conduct a comprehensive groundwater sampling event and submit a Monitoring Report
to the Division no later than February 1, 2023.

Effective October 1, 2004, the Department requires that all work following the submittal of the
Limited Site Assessment Report (Title 15A NCAC 2L .0405) be preapproved if State Trust Fund
reimbursement is anticipated. To comply with this requirement, a completed Preapproval/Claim
Authorization Form, encompassing the required remedial activities, must be received in this office within
14 days of the date of this letter. 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.

Please note that performing assessment and cleanup work that is not required under 15A NCAC 2L
.0400 is not reimbursable from the Commercial or Noncommercial Leaking Petroleum Underground
Storage Tank Cleanup Funds

If you have any questions regarding this letter, please contact me at the address or telephone number
listed below. If you have any questions regarding trust fund eligibility or reimbursement, please contact
the UST Section Trust Fund Branch at [phone].

Sincerely,
Liz Price
Hydrogeologist
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ

cc: Rae Brown, GRI via email correspondence

Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | [phone]