FA-1252_23447_C_NFA_20231215_Conditional PN Only

North Carolina Department of Environmental Quality | Division of Waste Management
Fayetteville Regional Office | 225 Green Street | Suite 714 | Fayetteville, NC 28301 |
[phone]

December 15, 2023

DELIVERED BY EMAIL ATTACHMENT

Ms. Jessie M. Tolar
c/o Red Springs Fuel Oil Co., Inc.
150 Belair Drive
Pinehurst, NC 28374

Re: Conditional Notice of No Further Action
15A NCAC 02L .0407(e)
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks

RS Food Mart 1
104 North Fifth Street
St. Pauls, Robeson County
Incident Number: 23447
Risk Classification: Low
Ranking:

Dear Ms. Tolar:
The Groundwater Monitoring Report received by the Underground Storage Tank (UST) Section, Division
of Waste Management, Fayetteville Regional Office, on November 21, 2023 has been reviewed. After
consideration of the most current data along with all other incident information on file with the Underground
Storage Tank (UST) Section, Division of Waste Management, Fayetteville Regional Office, data indicates
that soil and groundwater contamination meet the cleanup requirements for a low-risk release under Title
15A NCAC 2L .0202 and .0400, but contamination exceeds the limits allowed for the unrestricted use of a
site closed using risk-based cleanup standards.
Please note: There is a Notice of Residual Petroleum (NRP) that was previously recorded with the Robeson
County Register of Deeds (filed 7/20/2017, Bk: 2094, Pg: 367-369) for the subject incident location. This
previously recorded NRP is applicable to the soil and groundwater contamination and remains applicable.
Be advised that, as contamination may exceed the groundwater quality standards established in Title 15A
NCAC 2L .0202, groundwater within the area where contamination is present or is expected to migrate is
not suitable for use as a water supply. Be advised that as soil contamination may exceed the residential
MSCCs, the property containing the soil contamination is suitable only for industrial / commercial use as
stipulated in the Notice of Residual Petroleum (recorded copy attached).
As groundwater contamination may exceed the groundwater quality standards established in Title 15A
NCAC 2L .0202, and soil contamination may exceed the lower of the residential or soil-to-groundwater
Page 2 of 2
Incident Number: 23447
December 15, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
Fayetteville Regional Office | 225 Green Street | Suite 714 | Fayetteville, NC 28301 |
[phone]

MSCCs, public notice in accordance with 15A NCAC 02L .0409(b) is required. Within 30 days of receipt
of this letter, a copy of this letter must be provided by certified mail (or otherwise be made available by
posting in a prominent place if certified mail is impractical,) to the local health director, the chief
administrative officer of each political jurisdiction in which the contamination occurs, all property owners
and occupants within or contiguous to the area containing contamination, and all property owners and
occupants within or contiguous to the area where the contamination is expected to migrate.
Within 60 days of receiving this letter, this regional office must be provided with documentation showing
that each party included in the listing above either received or affirmatively refused to accept delivery of
the copy of the letter, and/or documentation describing the way the letter was publicly posted, where
applicable. Interested parties may examine information on file for this site by contacting this regional office
and may submit comments about the site to the regional office at the address or telephone number listed
below.
This conditional No Further Action determination will not become valid until the UST Section until
public notice requirements are completed.
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 [phone].
If you have any questions regarding the actions that must be taken or the rules mentioned in this letter,
please contact Kenneth Currie at the address or telephone number listed below.

Sincerely,

Mike Haseltine
Regional Supervisor
Fayetteville Regional Office
UST Section, Division of Waste Management, NCDEQ

Attachment: Notice of Residual Petroleum (recorded 7/20/2017, Bk: 2094, Pg: 367-369)

c: Ms. Jessie M. Tolar, 150 Belair Drive, Pinehurst, NC 28374 (email copy)
Mr. Douglas N. Haggett, P.E., Haggett Engineering Associates, Inc. (email copy)
Mr. Aric Clark, EHC Environmental, Inc. (email copy)
Mr. Brian D. Campbell, RSO Holdings, LLC, 418 Peanut Road, Elizabethtown, NC 28337(email copy)
FRO Electronic Incident File #23447

NCDEQ UST Incident #23447