FA-29711_48876_G_NORR_20230525

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

May 25, 2023
SENT VIA EMAIL

Mr. Alan Cubberley
Circle K Stores Inc
110 Sitis Court Suite 110
Raleigh, North Carolina 27606

Re: Notice of Regulatory Requirements
15A NCAC 2L .0405
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks

Circle K Store #2723022
2326 Owen Drive, Fayetteville
Cumberland County
Incident Number: 48876
Risk Classification: Pending
Ranking: Pending

Dear Mr. Cubberley:
The Initial Abatement Action Report received by the UST Section, Division of Waste Management,
Fayetteville Regional Office on April 19, 2023 has been reviewed. The review indicates soil contamination
exceeds the lower of the residential or soil-to-groundwater MSCCs referenced in Title 15A NCAC 2L
.0411, and groundwater contamination exceeds the groundwater quality standards established in Title 15A
NCAC 2L .0202. Therefore, the UST Section hereby confirms that you must comply with assessment and
reporting requirements of Title 15A NCAC 2L .0405, within the timeframes specified in the attached rule.
The requirements of Title 15A NCAC 2L .0405 include the preparation and submittal of a Limited Site
Assessment (LSA) Report, in accordance with the rule and the most recent version of the UST Section
Assessment Guidelines, within 120 days of discovery of the release.
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 of Environmental Quality in accordance with Title 15A NCAC 2L .0103(e) and 2L .0111(e).
Please note that before you sell, transfer, or request a “No Further Action” determination for a property that
has not been remediated to below “unrestricted use” standards, you must file a Notice of Residual Petroleum
(NRP) with the Register of Deeds in the county where the property is located (NCGS 143B-279.9 and
143B-279.10).
Failure to comply with the State's rules in the manner and time specified may result in the assessment
of civil penalties and/or the use of other enforcement mechanisms.
Page 2 of 2
48876
5/25/23

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

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 Nathan Beauchamp at the address or telephone number listed below.

Sincerely,

Nathan Beauchamp
Hydrogeologist
Fayetteville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachments: Title 15A NCAC 2L .0405
A Brief History of North Carolina Session Laws, Rules, and General Statutes…
cc: Dr Jennifer Green, Cumberland County Health Department
Maureen Jackson, ATC