WS-6339_23938_E_NOV_20230221_Failure MRP

North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road | Suite 300 | Winston-Salem,
NC 27105 | [phone]

February 21, 2023

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7019 0700 0000 3642 9851

Kyle’s Friendly Service, Inc.
Attn: Craig Durham.
P. O. Box 16650
Greensboro, NC 27416

Re: Notice of Violation of 15A NCAC 2L .0400
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks

Food Rite
3000 E. Market Street
Greensboro, Guilford County
Incident Number: 23938
Rick Classification: Intermediate
Ranking: 120D

Dear Mr. Durham:

Information received by this office of the UST Section, Division of Waste Management, on January 18,
2002 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 as a result 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 located 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(d),
2L .0110, and 2L .0111.

REQUIRED CORRECTIVE ACTION:
Based on the determination that the risk posed by the discharge or release at the subject site is intermediate,
you must comply with assessment requirements pursuant to Title 15A NCAC 2L .0407(d), 2L .0110 and
2L .0111. Please submit a Monitoring Report in accordance with Title 15A NCAC 2L .0407(d), 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.

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#23938
2/21/2023

North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road | Suite 300 | Winston-Salem,
NC 27105 | [phone]

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 Winston-Salem 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 or Noncommercial Leaking Petroleum Underground Storage
Tank Cleanup Funds.

If you have any questions regarding the actions that must be taken or the rules mentioned in this letter,
please contact Gene Mao at the Guilford County Department of Health and Human Services, 400 W.
Market Street, Suite 300, North Carolina 27401 and/or [phone]. If you have any questions regarding
trust fund eligibility or reimbursement, please contact the UST Section Trust Fund Branch at (919) 707-
8171.

Sincerely,

James W. Brown
Regional Supervisor
Winston-Salem Regional Office
UST Section, Division of Waste Management, NCDEQ

cc: Guilford County Department Health and Human Services