FA-7968_42206_G_NORR_20210617

June 17, 2021
M. M. Fowler, INC. Marvin Barnes Jr. 4220 Neal Road Durham, NC 27705 Re: Notice of Regulatory Requirements 15A NCAC 2L .0404 and 2L .0405 Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks
Benson BP 12101-A NC HWY 210 Johnson County
Incident Number: 42206 Risk Classification: Pending Ranking: Pending
Dear Mr. Barnes:
Information received by this office of the UST Section, Division of Waste Management, on March 21, 2019 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 Title 15A NCAC 2L .0404 and, if applicable, the assessment and reporting requirements of Title 15A NCAC 2L .0405, within the time frames specified in the attached rules. (Be aware that if the latter rule 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 2L .0404 and the most recent version of the
Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases, 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 2L .0103(e) and 2L .0111(b).
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 or Noncommercial 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 address or telephone number listed below.
Sincerely,
Sarah Brown Environmental Specialist II Fayetteville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosures: Title 15A NCAC 2L .0404 and 2L .0405
cc: Johnston County Health Department Health Department Building 517 N. Brightleaf Blvd. Smithfield, NC 27577