FA-92631_96662_C_NFA_20230705_Cond

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 5, 2023
Via email
Kenneth Parker
710 Scottwood Drive
Thomasville, NC 27360
Re: Conditional Notice of No Further Action
15A NCAC 02L .0507(f)
Risk-Based Assessment and Corrective Action
for Petroleum Releases from Aboveground
Storage Tanks and other Non-UST Sources
Kenneth Parker Property 12021 Gibson Road Scotland County
Incident Number: 96662
Risk Classification: Low
Dear Kenneth Parker:
A review of information on file with the UST Section, Division of Waste Management, Wilmington
Regional Office and the proposed Notice of Residual Petroleum declaration for a contaminant plume
located entirely on the source site, as received by this regional office on July 26, 2023, indicates that soil
and groundwater contamination meet the cleanup requirements for a low-risk release from an aboveground
storage tank (AST) or other source under Title 15A NCAC 2L .0202 and .0500, but contamination exceeds
the limits allowed for unrestricted closure of a site.
The UST Section determines the subject incident to be eligible conditionally for no further action status.
However, final approval of no further action status is contingent on the filing of the approved Notice of
Residual Petroleum (attached) with the Register of Deeds in the county in which the release is located, as
verified by the receipt of certified copies of the filed Notice of Residual Petroleum by this office; and upon
receipt of confirmation that public notice requirements have been completed, as described in the following
paragraphs.
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 Contaminated Site (attached).
Page 2 of 2 Incident Number 96662 July 5, 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]
As groundwater contamination may exceed the groundwater quality standards established in Title 15A
NCAC 2L .0202, and soil contamination may exceed the residential MSCCs, pursuant to NCGS 143B-
279.9 and 143B-279.11, you must file the approved plat and declaration for a Notice of Residual Petroleum
(attached) with the Register of Deeds in the county in which the release is located and submit a certified
copy to the UST Section within 30 days of receipt of this letter.
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
MSCCs, public notice in accordance with 15A NCAC 02L .0509(b) also is required. Thus, within 30 days
of receipt of this letter, a copy of the letter must be provided by certified mail, or 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 office must be provided with proof of receipt of the copy of the
letter or of refusal by the addressee to accept delivery of the copy of the letter or with a description of the
manner in which the letter was posted. Interested parties may examine the information on file about this
site by contacting this regional office and may submit comments on 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
receives certified copies of the Notice of Residual Petroleum that proves it has been filed with the
Register of Deeds and until public notice requirements are completed.
If you have any questions regarding the actions that must be taken or the rules mentioned in this letter, please contact Sarah Brown at the address or telephone number listed below.
Sincerely,
Mike Haseltine
Regional Supervisor Fayetteville Regional Office UST Section, Division of Waste Management, NCDEQ
Attachments: Notice of Residual Petroleum