FA-162_5785_E_NOV_20230818

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

August 18, 2023

CERTIFIED MAIL – 7015 0640 0007 8168 7103
RETURN RECEIPT REQUESTED

The Spinx Company, LLC
c/o Corporation Service Company
2626 Glenwood Ave., Ste 550
Raleigh, NC 27608

Re: Notice of Violation of 15A NCAC 2L .0400
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks

Happy Store 347 (former Spinx 347)
1302 Roberts Avenue
Lumberton, Robeson County
Incident Number:5785
Risk Classification: Intermediate
Ranking: I-220-A

To Whom it May Concern:

Information originally received by this office of the UST Section, Division of Waste Management, during
March 1990, confirms a release or discharge from a petroleum underground storage tank (UST) system at
the above-referenced location. Records indicate that the Spinx Company, Inc., is the responsible party for
this release or discharge. This letter explains the violation(s) and associated corrective action(s) you must
take because of the release or discharge in accordance with North Carolina statutes and rules. The UST
Section, Division of Waste Management, administers the state's rules for USTs and the required response
for petroleum releases. Those rules are in Title 15A, Subchapter 2L and Title 15A, Subchapter 2N of the
North Carolina Administrative Code (NCAC).

VIOLATION 1:
Failure to submit a Monitoring Report to the UST Section in accordance with Title 15A NCAC 2L .0407(d),
2L .0110, and 2L .0111.

REQUIRED CORRECTIVE ACTION:
Based on the determination that the risk posed by the discharge or release at the subject site is intermediate,
you must comply with assessment requirements pursuant to Title 15A NCAC 2L .0407(d), 2L .0110 and
2L .0111. Please submit a Monitoring Report in accordance with Title 15A NCAC 2L .0407(d), 2L .0110,
and 2L .0111, and the most recent version of the UST Section Assessment Guidelines and Corrective Action
Guidelines. The Monitoring Report must be received by this office within 30 days of the date of receipt of
this notice. Also Noted: Free product recovery must be documented in this report.

Page 2 of 2
Incident Number: 5785
August 18. 2023

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

Please take the corrective action(s) for the above violation(s) as necessary to bring the site into compliance.
Corrective actions must be taken and reported to the Fayetteville Regional Office, within 30 days from the
date of this notice, unless otherwise noted in the above corrective actions, to avoid recommendation of civil
penalties for continuing violations.

Penalties may be assessed for the violation(s) described within this Notice of Violation. Your prompt
attention to the items described herein is required. Failure to comply with the State's rules, in the
manner and time specified, may result in the assessment of additional civil penalties and/or the use
of other enforcement mechanisms available to the State. Each day that a violation continues may be
considered a separate violation.

Please note that performing assessment and cleanup work that is not required under 15A NCAC 2L .0400
is not reimbursable from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund.

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. If you have any questions
regarding trust fund eligibility or reimbursement, please contact the UST Section Trust Fund Branch at
[phone].

Sincerely,

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

Attachment
Notice of Regulatory Requirements, dated May 19, 2022 (report due September 2022)

cc: Suzanne Jackson, Director, Robeson County Health Department (email copy)
Mr. Trevor J. Benton, P.G., Bunnell-Lammons Engineering, Inc. (email copy)

May 19, 2022

Mr. Casey Rampey
The Spinx Company, Inc.
P.O. Box 8624
Greenville, SC 29604

Re: Notice of Regulatory Requirements
15A NCAC 2L .0407(d) [Intermediate]
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks

Happy Store 347 (Spinx 347)
1302 Roberts Avenue
Lumberton, Robeson County
Incident Number: 5785
Risk Classification: Intermediate
Ranking: I-220-A

Dear Mr. Rampey:

The Groundwater Monitoring Report dated April 7, 2022, has been reviewed and this office requests
the following:

• Conduct another AFVR event using MW-3R.
• At the conclusion of the AFVR event, reinstall the previously purchased skimmer into MW-3R.
• Visit the site monthly for a 3-month period for skimmer maintenance and obtain product measurements.
• At the end of the 3-month period, conduct a comprehensive sampling event for lab analysis using EPA
6200B w/Oxygenates & Ethanol, and
• Submit a Monitoring Report to this office on or before September 30, 2022. Note: The Monitoring
Report should document the performance, total cost, and cost per gallon to date of each method of
free product recovery used at site. This information can be used to justify what technology should be
used for future recovery events.
It is also agreed that additional monitoring wells will be necessary west/northwest of MW-23 & MW-24;
however, this office wants to wait on that request until the above scope of work has been completed. It may be
determined that a 4” recovery well will be better suited for product recovery. If so, then all wells can be
constructed at that time.

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
in accordance with Title 15A NCAC 2L .0103(e) and 2L .0111(b).

If you have questions, please contact me at the Fayetteville Regional Office address below or at (910)
433-3347.

Sincerely,

Kenneth E. Currie, Hydrogeologist
Fayetteville Regional Office
UST Section, Division of Waste Management

c: Mr. Trevor J. Benton, P.G., Bunnell-Lammons Engineering, Inc., Greenville, SC (email copy)
FAY/UST Electronic File #5785