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HomeMy WebLinkAboutRA-28031_47301_G_NFA_20230812_Circle K NRP North Carolina Department of Environmental Quality | Division of Waste Management Raleigh Regional Office | 1628 Mail Service Center | Raleigh, NC 27699-1628 | (919) 791-4200 August 12, 2023 Circle K Stores PO Box 52085 Phoenix, AZ 85072 Re: Notice of No Further Action 15A NCAC 2L .0407(e) Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Circle K Store 2706139 1101 Walnut Street Cary, Wake County UST Incident Number 47310 Risk Classification: Low Dear Circle K: A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste Management, Raleigh Regional Office indicates that soil and groundwater contamination meet the cleanup requirements for the above low-risk releases under Title 15A NCAC 2L .0202 and .0400, but contamination exceeds the limits allowed for the unrestricted use of a site closed under risk-based cleanup standards. The UST Section determines that no further action is warranted for this incident. All required actions have been completed. On 8/12/2023, the UST Section reviewed a certified copy of the Notice of Residual Petroleum filed with the Register of Deeds on 1/6/2017, Book 16662, Pages 34-40. This determination shall apply unless the UST Section later finds that the discharge or release poses an unacceptable risk or a potentially unacceptable risk to human health or the environment. Pursuant to Title 15A NCAC 2L .0407(a) you have a continuing obligation to notify the Department of any changes that might affect the risk or land use classifications that have been assigned. Be advised that as groundwater contamination exceeds the groundwater quality standards established in Title 15A NCAC 2L .0202, groundwater within the area of contamination or within the area where groundwater contamination is expected to migrate is not suitable for use as a water supply. The aforementioned notice is more extensive in the restrictions and outlines the soils not to be disturbed more effectively than the notice that would be placed by the UST Section. Interested parties may examine the file by contacting this regional office and may submit comments on the site to the regional office at the address or telephone number listed below. North Carolina Department of Environmental Quality | Division of Waste Management Raleigh Regional Office | 1628 Mail Service Center | Raleigh, NC 27699-1628 | (919) 791-4200 This No Further Action determination applies only to the subject incident; for any other incidents at the subject site, the responsible party must continue to address contamination as required. 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 (919) 707-8171. If you have any questions regarding this notice, please contact me at the address or telephone number listed below. Sincerely, Wayne Randolph, CPM Trust Fund Branch Head UST Section, Division of Waste Management, NCDEQ Copied under separate letter: Wake County Manager: David Ellis, 301 S McDowell St, 4th Floor, Raleigh, NC 27601 Wake County Health Director: Rebecca Kaufman, 10 Sunnybrook Rd, Suite 304, Raleigh, NC Mark Powers, RRO Town of Cary, PO Box 8005, Cary, NC 27512 RA-28031_47301_G_NFA_20230812_Circle K NRP