FA-30035_4921_G_NORR_20230728

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

July 28, 2023
Via Email
Alan Cubberley
Circle K Stores, Inc.
1100 Situs Court, Suite 100
Raleigh, NC 27606

Re: Notice of Regulatory Requirements
15A NCAC 02L .0404 and 02L .0405
Risk-based Assessment and Corrective Action
for Commercial Petroleum Underground Storage
Tanks

Circle K #2720438
1007 Spring Lane
Lee County
Incident Number: 49121
Risk Classification: Pending

Dear Alan Cubberley:
Information received by this regional office of the Underground Storage Tank Section, Division of Waste
Management, on July 19, 2023, confirms a release or discharge from a petroleum underground storage tank
(UST) system at the above-referenced location. Records indicate that you are the owner or operator of this
UST system. Therefore, as a responsible party, you must comply with the initial response and abatement
action requirements of the Title 15A of the North Carolina Administrative Code (NCAC), Subchapter 02L
.0404 and, if applicable, the assessment and reporting requirements of Title 15A NCAC 02L .0405, within
the timeframes specified in the attached rules. If Title 15A NCAC 02L .0405 is applicable, you must
comply with its requirements even if you do not receive formal notification from the UST Section.
Initial abatement action requirements include the preparation and submittal of an Initial Abatement Action
(IAA) Report, in accordance with Title 15A NCAC 02L .0404 and the most recent version of the Guidelines
for Site Checks, Tank Closure, and Initial Response and Abatement, within 90 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 02L .0103(e) and 02L .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
("Notice") with the Register of Deeds in the county where the property is located (North Carolina General
Statutes 143B-279.9 and 143B-279.11).
Page 2 of 2
49121
07/28/2023

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

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.
If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Leaking
Petroleum Underground Storage Tank Cleanup Funds, 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 me at the email address listed below.
Sincerely,

Tabytha Smith
[e-mail]
Environmental Specialist II
Fayetteville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosures: Title 15A NCAC 02L .0404 and 02L .0405

cc: William Heath Cain , Lee County Health Department (Via Email)
Maureen Jackson, ATC (Via Email)