MO-9520_40956_G_NORR_20191113_Notice of Regulatory Requirements

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
November 13, 2019
Speedway LLC
Attn: Charles Chiara
500 Speedway Drive
Enon, Ohio 45323
(via email)
Re: Notice of Regulatory Requirements
15A NCAC 2L .0405
Risk -based Assessment and Corrective Action for
Commercial Petroleum Underground Storage Tanks
Receptor Survey
Speedway #7984
2401 South Cannon Boulevard, Kannapolis
Cabarrus County
Incident Number: 40956
Risk Classification: Unknown
Dear Mr. Chiara:
The Site Check Report received by the Underground Storage Tank (UST) Section, Division of
Waste Management, Mooresville Regional Office on November 6, 2019 has been reviewed. The report
documents the results of soil and groundwater samples collected for assessment around the diesel
dispenser #9/10 system on September 3, 2019 from the above referenced facility. The review indicates
that soil contamination does not exceed the residential maximum soil contaminant concentration
(MSCCs) established in the Title 15A NCAC 2L .0411 and groundwater contamination exceeds the
groundwater quality standards established in Title 15A NCAC 2L .0202.
There is not enough information to accurately determine the risk classification for this incident.
For a risk classification, state regulations (Title 15A North Carolina Administrative Code 02L .0405)
require that you, as the owner and /or operator of the UST system, conduct a receptor survey and send in a
report of the results. This information should consist of surveying the surrounding area to check for ways
that people could possibly be exposed to contamination, such as through nearby drinking water or
irrigation wells, and surface water bodies like streams, lakes, etc. (called "receptors"), among others. The
receptor survey must be done by a licensed environmental professional with knowledge of the types of
receptors that may be at risk and where to look.
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

Because a release has been confirmed, a Licensed Geologist or a Professional Engineer, certified
by the State of North Carolina, is also required to prepare and certify any reports submitted to the
Department of Environmental Quality in accordance with Title 15A NCAC 2L .0103(e) and 2L .0111(b).
You may be eligible for reimbursement from the Leaking Underground Storage Tank
Commercial Trust Fund for some or all of the costs for this and subsequent work (though deductibles and
reasonable rate limits do apply). Many environmental consulting firms that work in North Carolina can
help you apply for funding, and can prepare any necessary pre -approval and claim forms on your behalf
for a small fee. Additionally, UST Section Trust Fund Branch staff can also be reached directly at (919)
707-8171 if you have any questions.
Please let me know within 30 days if you intend to conduct the receptor survey. If you do not
intend to do so, please provide reason(s) for not doing the work (for example, declaration of bankruptcy
or dissolution of corporation, financial inability, etc.). Please note that, if for some reason the UST
Section is required to use its own contractors to complete the assessment on your behalf, the State Trust
Fund may seek to recover their costs from you for those expenses, unless you have provided valid proof
of financial hardship.
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 or the rules mentioned in this letter, please contact me by
email at Trudy.Beverly(&ncdenr.gov or telephone at [phone]. If you have any questions regarding
trust fund eligibility or reimbursement, please contact the UST Section Trust Fund Branch at (919) 707-
8171.
Sincerely,
614�
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: 15A NCAC 2L .0405
cc: Joanna Alley & Nicole Long, Geological Resources, Inc. (via email)
Mike Downs, Cabarrus County Manager (via email)
David Troutman, Cabarrus County Health Department (via email)
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

TITLE 15A NCAC 02L .0405
15A NCAC 02L .0405 REQUIREMENTS FOR LIMITED SITE ASSESSMENT
If the required showing cannot be made under 15A NCAC 02L .0404 of this Section, submit within 120 days of the
discovery of the discharge or release, or within such other greater time limit approved by the Department, a report
containing information needed by the Department to classify the level of risk to human health and the environment posed
by a discharge or release under 15A NCAC 02L .0406 of this Section. Such report shall include, at a minimum:
(1) a location map, based on a USGS topographic map, showing the radius of 1500 feet from the source area
of a confirmed release or discharge and depicting all water supply wells and, surface waters and
designated wellhead protection areas as defined in 42 U.S.C. 300h-7(e) within the 1500-foot radius. For
purposes of this Section, source area means point of release or discharge from the underground storage
tank system;
(2) a determination of whether the source area of the discharge or release is within a designated wellhead
protection area as defined in 42 U.S.C. 300h-7(e);
(3) if the discharge or release is in the Coastal Plain physiographic region as designated on a map entitled
"Geology of North Carolina" published by the Department in 1985, a determination of whether the source
area of the discharge or release is located in an area in which there is recharge to an unconfined or semi -
confined deeper aquifer which is being used or may be used as a source of drinking water;
(4) a determination of whether vapors from the discharge or release pose a threat of explosion due to the
accumulation of vapors in a confined space or pose any other serious threat to public health, public safety
or the environment;
(5) scaled site map(s) showing the location of the following which are on or adjacent to the property where
the source is located: site boundaries, roads, buildings, basements, floor and storm drains, subsurface
utilities, septic tanks and leach fields, underground storage tank systems, monitoring wells, borings and
the sampling points;
(6) the results from a limited site assessment which shall include:
(a) the analytical results from soil samples collected during the construction of a monitoring well
installed in the source area of each confirmed discharge or release from a noncommercial or
commercial underground storage tank and either the analytical results of a groundwater sample
collected from the well or, if free product is present in the well, the amount of free product in the
well. The soil samples shall be collected every five feet in the unsaturated zone unless a water
table is encountered at or greater than a depth of 25 feet from land surface in which case soil
samples shall be collected every 10 feet in the unsaturated zone. The soil samples shall be
collected from suspected worst -case locations exhibiting visible contamination or elevated levels
of volatile organic compounds in the borehole;
(b) if any constituent in the groundwater sample from the source area monitoring well installed in
accordance with Sub -item (a) of this Item, for a site meeting the high risk classification in 15A
NCAC 02L .0406(1), exceeds the standards or interim standards established in 15A NCAC 02L
.0202 by a factor of 10 and is a discharge or release from a commercial underground storage
tank, the analytical results from a groundwater sample collected from each of three additional
monitoring wells or, if free product is present in any of the wells, the amount of free product in
such well. The three additional monitoring wells shall be installed as follows: as best as can be
determined, one upgradient of the source of contamination and two downgradient of the source
of contamination. The monitoring wells installed upgradient and downgradient of the source of
contamination must be located such that groundwater flow direction can be determined; and
(c) potentiometric data from all required wells;
(7) the availability of public water supplies and the identification of properties served by the public water
supplies within 1500 feet of the source area of a confirmed discharge or release;
(8) the land use, including zoning if applicable, within 1500 feet of the source area of a confirmed discharge
or release;
(9) a discussion of site specific conditions or possible actions which could result in lowering the risk
classification assigned to the release. Such discussion shall be based on information known or required to
be obtained under this Paragraph; and

(10) names and current addresses of all owners and operators of the underground storage tank systems for
which a discharge or release is confirmed, the owner(s) of the land upon which such systems are located,
and all potentially affected real property owners. When considering a request from a responsible party
for additional time to submit the report, the Division shall consider the extent to which the request for
additional time is due to factors outside of the control of the responsible party, the previous history of the
person submitting the report in complying with deadlines established under the Commission's rules, the
technical complications associated with assessing the extent of contamination at the site or identifying
potential receptors, and the necessity for immediate action to eliminate an imminent threat to public
health or the environment.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E, 143-215.94T,• 143-215.94V,-
143E-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(c)(4);
Amended Eff. December 1, 2005.

Beverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, November 13, 2019 3:27 PM
To: Charles 'Chuck' Chiara
Cc: Joanna Alley; Mike Downs; David Troutman; Nicky Long
Subject: Speedway #7974 - Incident #40956 — Notice of Regulatory Requirements
Attachments: MO-9520_40956_G_NORR_20191113_Notice of Regulatory Requirements.pdf
Please see the attached Notice of Regulatory Requirements letter for Speedway #7974 located at 2401 South
Cannon Boulevard, Kannapolis, Cabarrus County, North Carolina (Incident #40956).
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. B everlykncdenr. gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust/ast-prog am
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://deo.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-manaeement-ais-mans
File Review Procedures:
https://deq.nc. gov/about/divisions/waste-manaaement/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hitps://edocs.deq.nc.gov/WasteManaaement/Search.asvx
Document Submittal & UST File Names for Laserfiche Policies:
httDS:Hfiles.nc. gov/ncdea/Waste°/u2OManaeement/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUt)date.[)df
https:Hfiles.nc. gov/ncdeq/Waste%20Management/DWMIUST/Corrective%2OAction/UST%2Ofile%20names%20for%2OLaserfiche.docx