RA-2181_13379_G_C_20231006_Letter to James and Michael Arvin

October 6, 2023
CERTIFIED MAIL RETURN RECEIPT REQUESTED 7019 1120 0001 4908 4296
Messrs. James L. Arvin and Michael Arvin
7600 Lake Wheeler Road Raleigh, NC 27603-5132 RE: Request for an Updated Access Agreement Arvin Oil Company Property 5837 & 5839 Fayetteville Road Raleigh, Wake County, NC Incident # - 13379 Dear Messrs. Arvin:
This letter is being provided to you based on a telephone conversation held on September 27, 2023, between Mr. Michael Arvin and Mr. Mark Petermann of the UST Section.
The referenced property has been in the State of North Carolina Underground Storage Tank (UST) Trust Fund Branch, State-Lead Program since 1994. Multiple actions have been conducted at this property including tank closure, receptor survey, groundwater assessment, private water supply testing, well owner
notification, and remedial measures. The latest work conducted in June 2023 was high resolution testing to refine the understanding of the subsurface residual soil and groundwater contamination. The purpose of which was to enable targeted remediation of the groundwater contamination to reduce the level of contamination present in the groundwater. Based on the latest work performed, Mr. Michael Arvin expressed his displeasure with what he alleged the subcontractor did to the pavement at the property. The projects consultant, Withers Ravenel, Inc. (Withers) met with Mr. Arvin on September 11, 2023, to discuss the situation and his concerns. Mr. Arvin also stated he wanted to speak with the Department project manager. Withers conveyed the request to Mr. Mark Petermann. On September 27, 2023, Mr. Petermann contacted Mr. Arvin to discuss the situation and to arrange a date to meet at the site. Mr. Petermann stated that he would like to meet with Mr. Arvin on October
6th, at which point Mr. Arvin stated he would not be available, but a meeting wasn’t necessary. Mr. Arvin went on to state that the subcontractor damaged the pavement which had recently been redone. Mr. Arvin also asked when the Department would be finished with the project. Mr. Arvin then stated that he would
no longer allow the Department access to the property. Mr. Petermann informed Mr. Arvin he was legally

entitled to refuse the Department access, but he would be held responsible for the cleanup of the contamination present at the property. Mr. Petermann also stated the project would be transferred back to
the Department’s Raleigh Regional Office (RRO). The RRO would be contacting him to direct him to undertake whatever measures necessary to address and control the site contamination. Mr. Arvin acknowledged what was conveyed and stated he would deal with the regional office. I would like to discuss the situation with you to see if we can arrive at an outcome different than what has been described above. Please contact me at you earliest convenience either by telephone at [phone], or by email at [e-mail]. Sincerely,

Wayne Randolph, CPM Trust Fund Branch Manager UST Section
cc: Carin Kromm, NCDEQ - UST Section – Corrective Branch Head – email – [e-mail] Mark Powers, NCDEQ – UST Section - Raleigh Regional Office - email - [e-mail]