22047_University Place Mall_O_UST 46402_Conditional NFA_20191220

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Mr. Thomas D. Higgins, III
Registered Agent
Chapel Hill Tire Co., Inc.
8305 Falls of Neuse Road, Suite 200
Raleigh, NC 27615
Dear Mr. Higgins:
3 " SrAre'al.,
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NORTH CAROLINA
Environmental Quality
December 20, 2019
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Chapel Hill Tire Release #2
201 South Estes Drive, Chapel Hill
Orange County
Incident Number: 46402
Risk Classification: Low
Ranking: L05D
A review of information on file with the Underground Storage Tank (UST) Section, Division of
Waste Management, Raleigh Regional Office indicates that soil and groundwater contamination meet the
cleanup requirements for a low -risk release under Title 15A NCAC 2L .0202 and .0400, but contamination
exceeds the limits allowed for the unrestricted use of a site where closed under risk -based cleanup standards.
The UST Section determines the subject incident to be eligible conditionally for no further action
status. However, final approval of no further action status is contingent on the filing of the approved Notice
of Residual Petroleum (or NRP, see attached) with the Register of Deeds in the county in which the release
is located, verified by the receipt of a certified copy of the filed NRP by this office; and receipt of
confirmation that public notice requirements have been completed, as described below.
Be advised that, as contamination may exceed the groundwater quality standards established in
Title 15A NCAC 2L .0202, groundwater within the area where contamination is present or is expected to
migrate is not suitable for use as a water supply. Be advised that as soil contamination may exceed the
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North Carolina Department of Environmental Quality Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh. North Carolina 27699-1646
919.707.8200

residential MSCCs, the property containing the soil contamination is suitable only for industrial /
commercial use as stipulated in the Notice of Contaminated Site (attached).
As soil contamination may exceed the residential MSCCs, pursuant to NCGS 143B-279.9 and
143B-279.11, you must file the approved plat and declaration for a Notice of Residual Petroleum (attached)
with the Register of Deeds in the county in which the release is located and submit a certified copy to the
UST Section within 30 days of receipt of this letter. A Notice of Residual Petroleum restricting groundwater
use was previously filed with Register of Deeds on July 8, 2019 and remains in effect.
As groundwater contamination may exceed the groundwater quality standards established in Title
15A NCAC 21, .0202, and soil contamination may exceed the lower of the residential or soil -to -groundwater
MSCCs, public notice in accordance with 15A NCAC 2L .0409(b) also is required. Within 30 days of
receipt of this letter, a copy of this letter must be provided by certified mail (or otherwise be made available
by posting in a prominent place if certified mail is impractical,) to the local health director, the chief
administrative officer of each political jurisdiction in which the contamination occurs, all property owners
and occupants within or contiguous to the area containing contamination, and all property owners and
occupants within or contiguous to the area where the contamination is expected to migrate.
Within 60 days of receiving this letter, this regional office must be provided with documentation
showing that each party included in the listing above either received or affirmatively refused to accept
delivery of the copy of the letter, and/or documentation describing the manner in which the letter was
publicly posted, where applicable. Interested parties may examine information on file for this site by
contacting this regional office and may submit comments about the site to the regional office at the address
or telephone number listed below.
This conditional No Further Action determination will not become valid until the UST Section
receives a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds
and until public notice requirements are completed.
If you have any questions regarding trust fund eligibility or reimbursement from the Commercial
Leaking Petroleum Underground Storage Tank Cleanup Funds, please contact the UST Section Trust Fund
Branch at [phone].
If you have any questions regarding this notice, please contact me at the address or telephone
number listed below.
Sincerely,
Mark R. Powers
Regional Supervisor
Raleigh Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Orange County Health Department
Genna Olson, PG, Hart & Hickman, PC, 3921 Sunset Ridge Rd, Suite 301, Raleigh, NC 27607
Raleigh Regional Office 11628 Mail Service Center I Raleigh, NC 27699-1628 1 [phone]
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North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200