WI-96008_96823_G_NORR_20230508_NRP

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

May 8, 2023
Sent via email

Doug Hall
TransMontaigne
1670 Broadway, Suite 3100
Denver, Colorado 80202

Re: Notice of Regulatory Requirements
NCGS 143B-279.9 and 143B-279.11
Notice of Residual Petroleum Risk-Based
Assessment and Corrective Action for
Petroleum Releases from Aboveground
Storage Tanks and other Non-UST Sources

TransMontaigne-Selma South Terminal
2355 W Oak St
Selma, Johnston County
Incident Number: 96823
Risk Classification: Low

Dear Doug Hall:

North Carolina General Statutes (NCGS) 143B-279.9 and 143B-279.11 require that a Notice of Residual
Petroleum (Notice) be filed for this site with the Register of Deeds in Johnston County where the release is
located.

This requirement applies prior to conveyance of a contaminated property or prior to receiving a Notice of
No Further Action when a release from an aboveground storage tank (AST) or other petroleum source that
has not been remediated to below “unrestricted use standards”. “Unrestricted use standards” for
groundwater are the groundwater quality standards and interim standards contained in the North Carolina
Administrative Code (NCAC) Title 15A 2L .0202, and “unrestricted use standards” for soil are the
residential maximum soil contaminant concentrations (MSCCs) referenced in Title 15A NCAC 2L .0511,
as established in Title 15A NCAC 2L .0411.

This incident site exceeds the “unrestricted use standards” for soil and groundwater.

The Notice must be prepared in accordance with the attached instructions and format. It must contain a
declaration containing a legal description of the property that is the source of contamination as well as any
other properties which are contaminated by the release, and, where required by the Department, a survey
plat prepared and certified by a professional land surveyor. The Notice must also include appropriate land
use restrictions for the source property and any other contaminated properties that are owned by you (or
controlled) which are contaminated by the release. If additional properties not owned by you are
Page 2 of 2
96823
May 8, 2023

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

contaminated by the release, then additional requirements will be necessary including property owner
consent agreement(s).

The Notice declaration (and plat, if required,) must 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 Notice must
then be filed by you with the Register of Deeds, with any required plat processed first so that a reference
identifying the plat recordation (cabinet and slide, or book and page, etc.) may be appended to the
declaration before it is filed. A certified copy of the filed Notice declaration must be submitted to this office
within 30 days of its return to you.

Failure to comply with this letter is a violation of North Carolina law and may result in the assessment
of civil penalties and/or the use of other enforcement mechanisms available to the state.

If you have any questions regarding this letter, please contact Lauren Richardson at
[e-mail] or [phone]

Sincerely,

Lauren Richardson
Hydrogeologist
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ

Attachments: Instructions for Preparing a Notice of Residual Petroleum

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