MO-4892_16588_G_NORR_20230717

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | [phone]

July 17, 2023

Rusher Oil Company
Mr. Joey Rusher
P.O. Box 1482
Salisbury, NC 28144

Re: Notice of Regulatory Requirements
15A NCAC 02L .0110(d) [Intermediate Risk]
Risk-based Assessment and Corrective Action
For Petroleum Underground Storage Tanks

Rushco Food #5
601 W Jake Alexander Blvd.
Rowan County
Incident Number: 16588
Risk Classification: Intermediate
Ranking: I-55-R

Dear Mr. Rusher:

The report received on August 30, 2004, has been reviewed by the UST Section, Division of Waste
Management, Mooresville Regional Office. The risk posed by the discharge or release at the subject site is
classified by the Department of Environmental Quality as intermediate, as stipulated under Title 15A
NCAC 02L .0406. The land use at the site is classified as industrial/commercial. Title 15A NCAC 02L
.0407(a) requires you to notify the Department of any changes that might affect the risk or land use
classifications that have been assigned.
The review indicates that corrective action is necessary to remediate environmental contamination. Title
15A NCAC 02L .0407(d) [Intermediate Risk] requires you to comply with the assessment and cleanup
requirements of Title 15A NCAC 02N .0706, Title15A NCAC 02L .0106(c), Title 15A NCAC 02L .0110,
and Title 15A NCAC 02L .0111. A Groundwater Monitoring Report prepared in accordance with
these requirements and a new Receptor Survey completed by October 17, 2023, would suffice in
moving forward with an NRP if the surface water body can be eliminated as per UST MRO staff.
For additional reference, please refer to the most recent version of the Guidelines for Site Checks, Tank
Closures, and Initial Response and Abatement. Report requirements can be found in the most recent version
of the Comprehensive Appendices for Correction Guidelines. Reports must contain the information
specified in the report template presented in Appendix A of the Guidelines. The report template is attached
for your information.
Failure to comply 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 Incident Number16588 July 17, 2017

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | [phone]

The Department of Environmental Quality requires that all work not determined to be an emergency
response or associated with risk assessment (i.e., the Limited Site Assessment Report, per Title 15A NCAC
02L .0405) must be preapproved if State Trust Fund reimbursement is anticipated. To comply with this
requirement, a completed Preapproval/Claim Authorization Form, encompassing the required remedial
activities, must be received in this office within 14 days of the date of this letter. Upon completion of the
preapproved activities, you should submit your claim promptly. Reimbursement funds are budgeted based
on completed preapprovals, but delays in reimbursement or even denial due to exceeding the statute of
limitations on claiming eligible costs can result where claims are not submitted immediately following work
completion.
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 15A NCAC 02L .0103(e) and 02L .0111(e) if required.
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 me at [e-mail] or at 704-235-2175.

Sincerely,

Ryan C Mills
Environmental Program Consultant
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ

cc: Brady Freeman, Iredell County Health Department (Via Email)
Tomie Benton, Geological Resources, Inc. (Via Email) Sam McKay, Geological Resources, Inc. (Via Email)