MO-4892_16588_G_NORR_20230919

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC
28115 | [phone]
September 19, 2023
Rusher Oil Company P.O. Box 1482 Salisbury, NC 28144 Attn: Joey Rusher
Re: Notice of Regulatory Requirements NCGS 143B-279.9 and 143B-279.11 Notice of Residual Petroleum
Rushco Food #5 601 West Jake Alexander Blvd
Salisbury, Rowan County Incident Number: 16588 Risk Classification: Intermediate
Ranking: I-55-R
Dear Mr. Rusher:
North Carolina General Statute (NCGS) 143B-279.9 and 143B-279.11 require a Notice of Residual Petroleum (Notice) to be filed with the Register of Deeds in Rowan County, where the release is located, when a release from an underground storage tank has not been remediated to below “unrestricted use standards”. The Notice is required either prior to conveyance of a contaminated property or prior to receiving a Notice of No Further Action. “Unrestricted use standards” for groundwater are the groundwater quality standards and interim standards contained in Title 15A NCAC 2L .0202, and “unrestricted use standards” for soil are the residential maximum soil contaminant concentrations (MSCCs) established in Title 15A NCAC 2L .0411.
The Notice must be prepared in accordance with the attached instructions and format. It must contain a
legal description of the property containing the source of contamination and legal descriptions of any other properties which you own (or control) which are contaminated by the release. The Notice must also include appropriate land use restrictions for these properties. In addition, the Notice must identify all other
properties (adjacent, adjoining, downgradient, etc.) on which contamination is known to exist at the time the Notice is prepared.
The Notice must be sent to this regional office of the UST Section within 30 days of the date of this letter for approval and notarization. The approved and notarized Notice must then be filed by you with the Register of Deeds, and a certified copy of the filed Notice must be submitted to this office within 30 days of its return to you.
The Department of Environmental Quality requires that all work following the submittal of the Limited Site Assessment Report (Title 15A NCAC 2L .0405) 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 lengthy delays in reimbursement can occur if claims are not submitted immediately following work completion.
Failure to comply with this letter is a violation of North Carolina law and may result in the assessment
of civil penalties and/or the use of other enforcement mechanisms available to the state. 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 Mills
Environmental Program Consultant
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Samuel L. McKay III, P.G., Geological Resources, Inc. (Via Email)