WI-29871_48965_G_NORR_20230428

North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | [phone]

April 28, 2023
SENT VIA EMAIL

Mr. Alan Cubberley
Circle K Stores, Inc.
1100 Situs Court, Suite 100
Raleigh, NC 27606

Re: Notice of Regulatory Requirements
15A NCAC 02L .0404 and 02L .0405
Risk-based Assessment and Corrective Action
for Commercial Petroleum Underground Storage
Tanks

Circle K Store 2720467
1130 N. Howe Street
Brunswick County
Incident Number: 48965
Risk Classification: Intermediate
Ranking: TBD

Dear Mr. Cubberley:
Information received by this regional office of the Underground Storage Tank Section, Division of Waste
Management, on April 26, 2023, 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. Therefore, as a responsible party, you must comply with the initial response and
abatement action requirements of the Title 15A of the North Carolina Administrative Code (NCAC),
Subchapter 02L .0404 and, if applicable, the assessment and reporting requirements of Title 15A NCAC
02L .0405, within the timeframes specified in the attached rules. (Be aware that if Title 15A NCAC 02L
.0405 is applicable, you must comply with its requirements even if you do not receive formal notification
from the UST Section.)
Initial abatement action requirements include the preparation and submittal of an Initial Abatement Action
(IAA) Report, in accordance with Title 15A NCAC 02L .0404 and the most recent version of the Guidelines
for Site Checks, Tank Closure, and Initial Response and Abatement, within 90 days of discovery of the
release.
Because a release or discharge has been confirmed, a Licensed Geologist or a Professional Engineer,
certified by the State of North Carolina, is required to prepare and certify all reports submitted to the
Department of Environmental Quality in accordance with Title 15A NCAC 02L .0103(e) and 02L .0111(e).
Please note that before you sell, transfer, or request a “No Further Action” determination for a property that
has not been remediated to below “unrestricted use” standards, you must file a Notice of Residual Petroleum
Page 2 of 2
Incident 48965 April 28, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 | [phone]

("Notice") with the Register of Deeds in the county where the property is located (North Carolina General
Statutes 143B-279.9 and 143B-279.11).
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 any questions regarding trust fund eligibility or reimbursement from the Commercial Leaking
Petroleum Underground Storage Tank Cleanup Funds, please contact the UST Section Trust Fund Branch
at [phone]. If you have any questions regarding the actions that must be taken or the rules mentioned
in this letter, please contact me at the address or telephone number listed below.
Sincerely,

Michael Haseltine, L.G.
Regional Supervisor
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: ATC Associates of NC