HomeMy WebLinkAboutWS-5744_20507_G_NORR_20210722ROY COOPER Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
July 22, 2021
Phil Halbedel, Registered Agent The Halbedel’s Corporation 774 Dragway Rd.
Wilkesboro, NC 28697
Re: Continuing Notice of Regulatory Requirements
15A NCAC 2L .0407(d)
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Phil’s Citgo, Inc. 168 Hardin Street Boone, Watauga County Incident Number: 20507 Risk Classification: Intermediate Ranking (RRA): 80
Dear Mr. Halbedel:
The above-referenced petroleum release (incident) has been classified as Intermediate Risk. The
Department of Environmental Quality (Department) is directing you, as the owner and/or operator of the
UST system, to complete certain tasks that are required by rule. This notice is an explanation of the
regulatory requirements to resume work at the above-referenced site. Funding is potentially available.
The Department requires updated information on the risks associated with your release which must be
performed by a North Carolina Licensed Geologist or Professional Engineer. The Department will use this
information to perform a risk evaluation. Please perform the following work:
1. Collect groundwater samples from the existing monitoring wells on the site,
2. Collect groundwater samples from the closest water supply wells, within 250 feet of the release, and any water supply wells that were impacted in the past for the required constituents, and
3. Survey the surrounding area for water resources that could be at risk, such as water supply wells, basements, lakes, streams, etc. (receptors), to update any previous survey results. This survey is only required if the previous survey is more than five years old, or if the
redevelopment of properties in the area could change the outcome of an updated survey. The Request for Water Supply Well Information template can be found in Appendix A of the Assessment Guidelines or Corrective Action Guidelines on the following UST website:
http://deq.nc.gov/about/divisons/waste-management/ust/guidance-documents.
The results from the monitoring well and water supply well sampling event and the survey information
must be submitted in a groundwater monitoring report prepared in accordance with 15A CAC 2L .0407(d)
within 60 days of receipt of this notice. The report template can be found in Appendix A of the Assessment
Guidelines on the following UST website:
https://dec.nc.gov/about/divisions/waste-management/ust/guidance-documents.
You may be eligible for reimbursement from the Leaking Underground Storage Tank Commercial Trust
Fund for some or all of the costs for this and subsequent work (though deductibles and reasonable rate
limits do apply). An eligibility determination is required for potential reimbursements. Please contact the
Trust Fund Branch if you do not know your eligibility status. Reimbursement also requires prior written
approval of the specific tasks and costs for the necessary work. Please submit a completed pre-approval
request within 14 days of receipt of this notice for the work requested above. The Current Electronic Pre-
Approval Task Authorization can be found on the following UST website:
https://deq.nc.gov/about/divisions/waste-management/ust/trust-fund/reasonable-rate-documents.
Many environmental consulting firms that work in North Carolina can help you apply for funding and can
prepare the necessary pre-approval and claim forms on your behalf for a small fee. Additionally, UST
Section Trust Fund Branch staff can be reached directly at 919-707-8171 if you have any questions.
Please let me know within 14 days if you intend to conduct the risk re-evaluation by submitting a pre-approval request. If you do not intend to do so, please provide reason(s) for not doing the work (for example, declaration of bankruptcy or dissolution of corporation, financial inability, etc.). Please note that, if for some reason the UST Section is required to use its own contractors to complete the assessment on your behalf, the State Trust Fund may seek to recover their costs from you for those expenses, unless you have provided proper documentation of financial hardship.
If you have any questions regarding this notice, please contact me at the address or phone number at the bottom of the page.
Sincerely,
Linda Estkowski Hydrogeologist Winston-Salem Regional Office
UST Section, Division of Waste Management, NCDEQ
cc WSRO Files
Laurie Phillips, Appalachian Health Dept., via email laurie.phillips@apphealth.com