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HomeMy WebLinkAboutFA-1817_29104_G_NORR_20231222_Dec 2023 MRP North Carolina Department of Environmental Quality | Division of Waste Management Fayetteville Regional Office | 225 Green Street | Suite 714 | Fayetteville, NC 28301 | (910) 433-3300 December 22, 2023 DELIVERED BY EMAIL ATTACHMENT Ms. Jill Smith Campbell Oil Company, Inc. P.O. Box 637 Elizabethtown, NC 28337 Re: Notice of Regulatory Requirements 15A NCAC 2L .0407(d) Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Minute Man 24 (former) 5102 Fayetteville Road Lumberton, Robeson County Incident Number: 29104 Risk Classification: Intermediate Ranking: I-220-A Dear Ms. Smith: The UST Section, Division of Waste Management, Fayetteville Regional Office, is in receipt of the Ground Water Monitoring Report dated November 30, 2023. Please continue with free product recovery efforts using absorbents & hand bailing, as needed, and semi-annual ground water monitoring. It is understood that the next scheduled event will occur during April 2024. A Monitoring Report with suggested remedial strategy is due on or before May 31, 2024. Regarding the report recommendations, this office cannot act on the general statement that a feasibility study should be conducted to evaluate potential site remediation options. Using the multi-step CAP process, your consultant must first suggest a thought-out remedial strategy applicable to the incident site after all necessary plume delineation and vertical soil profile data has been obtained for accurate contaminant mass. At that time, the UST Section incident manager seeks approval from management and Trust Fund staff to proceed to pilot testing of the suggested strategy. Only until there is successful pilot testing to support the strategy is the Feasibility Study document submitted. Lastly, it was realized during file review that this parcel was conveyed during 2005 (deed attached) and a Notice of Residual Petroleum has not been recorded. After October 1, 2001, North Carolina General Statute (NCGS) 143B- 279.9 and 143B-279.11 require a Notice of Residual Petroleum (Notice) to be filed with the Register of Deeds, where the release is located, when a release from an underground storage tank has not been remediated to below “unrestricted use standards”. The Notice is required prior to conveyance of contaminated property. “Unrestricted use standards” for groundwater are the groundwater quality standards and interim standards contained in Title 15A NCAC 2L .0202, and “unrestricted use standards” for soil are the residential maximum soil contaminant concentrations (MSCCs) established in Title 15A NCAC 2L .0411. 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 Page 2 of 2 Incident Number: 29104 December 22, 2023 North Carolina Department of Environmental Quality | Division of Waste Management Fayetteville Regional Office | 225 Green Street | Suite 714 | Fayetteville, NC 28301 | (910) 433-3300 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, Kenneth E. Currie Hydrogeologist Fayetteville Regional Office UST Section, Division of Waste Management, NCDEQ Attached: Copy of Deed, recorded 12/5/2005, Bk: 1505, Pg:11-13 c: Ms. Laura Minor, Geological Resources, Inc., Monroe, NC (email copy) UST Section Digital Incident File #: 29104