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HomeMy WebLinkAboutMO-9494_47003_G_NORR_20240105 North Carolina Department of Environmental Quality | Division of Waste Management Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | (704) 663-1699 January 5, 2024 Bumgarner Oil Company, Inc. P.O. Box 126 Hickory, North Carolina 28603 Attention: Zach Bumgarner Re: Notice of Regulatory Requirements 15A NCAC 02L .0407 < Select CAP Rule by Risk > Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Little Market Basket 1 3541 Taylorsville Highway, Statesville Iredell County Incident Number: 47003 Risk Classification: High Dear Mr. Bumgarner: The Corrective Action Feasibility Report received on December 20, 2023, has been reviewed by the UST Section, Division of Waste Management, Mooresville Regional Office. The proposed remedial strategy has been reviewed and approved by the UST Section. Please proceed with the Feasibility Study which includes a pilot study for chemical or biological injection. In addition, upon review, there do not appear to be sufficient vapor extraction wells relative to the number of air sparging wells proposed. Please include an updated proposal for the SVE/AS system that included SVE wells place around each AS well so as to recover vapors potentially produced by air sparging. The review indicates that corrective action is necessary to remediate environmental contamination. Title 15A NCAC 02L .0407 (c) [High Risk] requires you to comply with the assessment and cleanup requirements of Title 15A NCAC 2N .0707 and Title 15A NCAC 02L .0106(c) and 02L .0111(c). In accordance with 15A NCAC 02L .0111(a), a Corrective Action Plan shall be submitted to this office in accordance with a schedule established by the Division of Waste Management Director. Because this incident is eligible (or potentially eligible) for access to the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund (State Trust Fund), a Feasibility Study in accordance with the most recent version of the UST Section Corrective Action Guidelines, and the applicable State Trust Fund Reasonable Rate Document must be submitted instead of a completed CAP. The Section must approve the proposed remedial strategy prior to conducting a Feasibility Study. The Feasibility Study must be received by this office within 90 days of the date of this letter. In the CAP, natural attenuation of groundwater contamination must be used to the maximum extent possible, plume stability should be evaluated, and efforts must be made to determine whether the elimination of potential receptors, leading to risk reduction, is immediately practicable. A responsible party Page 2 of 2 47003 January 5, 2024 North Carolina Department of Environmental Quality | Division of Waste Management Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | (704) 663-1699 who submits a Corrective Action Plan that proposes natural attenuation at any point in the process or cleanup to alternate standards must provide public notice as specified in 15A NCAC 02L .0409(a). Because a release or discharge has been confirmed, a Licensed Geologist or a Professional Engineer, certified by the State of North Carolina, is required to prepare and certify all reports submitted to the Department in accordance with 15A NCAC 02L .0103(e) and 02L .0111(e). The Department of Environmental Quality requires that all work not determined to be an emergency response or associated with risk assessment (i.e., the Limited Site Assessment Report, per Title 15A NCAC 02L .0405) must be preapproved if State Trust Fund reimbursement is anticipated. To comply with this requirement, a completed Preapproval/Claim Authorization Form, encompassing the scope of work necessary to evaluate the feasibility of a proposed remediation strategy, must be received in this office within 14 days of the date of this letter. Upon completion of preapproved activities that define an individual step within the Corrective Action Plan process, you should submit your claim promptly. Reimbursement funds are budgeted based on completed preapprovals, but delays in reimbursement or even denial due to a failure to meet the statute of limitations on claiming a completed task can result if the work is not completed in a timely fashion or of claims are not submitted immediately following work completion. If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund, please contact the UST Section Trust Fund Branch at (919) 707-8171. If you have any questions regarding the actions that must be taken or the rules mentioned in this letter, please contact me at the address or telephone number listed below. Sincerely, Brad C. Newton, P.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Iredell County Health Department Ryan Kerins – Terraquest (via e-mail)