MO-28858_48068_G_NORR_20230406

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

April 6, 2023

Sam's Mart, Inc
7935 Council Place, #200
Matthews, NC 28105
Attention: Adnan Jazairi

Re: Notice of Regulatory Requirements
15A NCAC 02L .0407(d) [Intermediate Risk]
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks

Sams Mart 74
9810 University City Blvd
Charlotte, NC
Incident Number: 48068
Risk Classification: Intermediate

Mr. Jazairi:

The Risk Assessment Report received on February 22, 2023, has been reviewed by the UST Section, Division of
Waste Management. The remedial strategy proposed in the Risk Assessment Report has been reviewed and approved
by the UST Section. Please perform an In-Situ Chemical Oxidation Feasibility Study in accordance with the most
recent version of the Guidelines for Assessment and Corrective Action for UST Releases, with the following:
• Prior to a pilot test, Soil Oxidant Demand (SOD)/Total Oxidant Demand (TOD)/or Natural Oxidant Demand
(NOD) should be determined according to the chosen vendor's requirements.
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 2N .0707 and Title 15A NCAC 02L .0106(c) and 02L .0111(c).
A Corrective Action Feasibility Study in accordance with the most recent version of the UST Section Corrective
Action Guidelines, and the applicable State Trust Fund Reasonable Rate Document must be received by this office
within 90 days of the date of this notice. The Section must approve of the proposed remedial strategy prior to
conducting a Feasibility Study. To comply with this requirement, a completed Preapproval/Claim
Authorization Form, encompassing the required Feasibility Study must be received in this office within 14 days
of the date of this letter.
Natural attenuation of groundwater contamination must be used to the maximum extent possible, plume stability
should be evaluated, and efforts must be made to determine whether or not the elimination of potential receptors,
leading to risk reduction, is immediately practicable. A responsible party who submits a Corrective Action Plan that
proposes natural attenuation or cleanup to alternate standards must provide public notice as specified in 15A NCAC
02L .0409(a). If your incident is eligible for a Monitored Natural Attenuation (MNA) only CAP, you may submit an
MNA CAP in accordance with the most recent version of the UST Guidelines for Monitored Natural Attenuation.

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

Failure to implement the plan and schedule in the manner and time specified may result in the assessment of civil
penalties and/or the use of other enforcement mechanisms.
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).
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 scope of work necessary to evaluate the feasibility of a
proposed remediation strategy, must be received in this office within 14 days of the date of this letter. Upon completion
of preapproved activities that define an individual step within the Corrective Action Plan process, you should submit
your claim promptly. Reimbursement funds are budgeted based on completed preapprovals, but delays in
reimbursement or even denial due to a failure to meet the statute of limitations on claiming a completed task can result
if the work is not completed in a timely fashion or of claims are not submitted immediately following work completion.
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 the address or telephone number listed below.

Sincerely,

Daniel Bowser, PG
Hydrogeologist
UST Section, Division of Waste Management, NCDEQ
Mooresville Regional Office
[phone]

cc via email: Aaron Long, PE, Excel
Ron Taraban, UST Section, Division of Waste Management, NCDEQ
Shawna Caldwell, LUESA- Mecklenburg County Health Department