AS-88561_96921_G_NORR_20230119

North Carolina Department of Environmental Quality | Division of Waste Management 
Asheville Regional Office | 2090 US Highway 70 | Swannanoa, NC 28778 | (828) 296‐
4500 

January 19, 2023

Covenant Transport
400 Birmingham Highway
Chattanooga, TN 67419

Re: Notice of Regulatory Requirements
15A NCAC 02L .0504 and 02L .0505 
Risk-based Assessment and Corrective Action for
Petroleum Aboveground Storage Tanks and
Other Petroleum Sources

Covenant Transport
Interstate 26; Eastbound, Mile Marker 0, Mars Hill
Madison County
Incident Number: 96921
Risk Classification: Pending
Dear Covenant Transport:
Information received by this regional office of the Underground Storage Tank Section (UST Section),
Division of Waste Management, on January 18, 2023, confirms a release or discharge of petroleum at the
above-referenced location. Furthermore, this office has determined that you are the responsible party for
the assessment and cleanup of the release or discharge.
As the responsible party, you must comply with the initial response and abatement action requirements of
the Title 15A of the North Carolina Administrative Code (NCAC), Subchapter 02L .0504 and, if applicable,
the assessment and reporting requirements of Title 15A NCAC 02L .0505, within the timeframes specified
in the attached rules. (Be aware that if Title 15A NCAC 02L .0505 is applicable, you must comply with its
requirements even if you do not receive formal notification from the UST Section.)
Initial abatement action requirements include the preparation and submittal of an Initial Assessment Report
(IAR), in accordance with Title 15A NCAC 02L .0504 and the most recent version of the Guidelines for
Site Checks, Tank Closure, and Initial Response and Abatement, within 90 days of discovery of the release.
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 of Environmental Quality in accordance with Title 15A NCAC 02L .0103(e) and 02L .0111(e).
Please note that before you sell, transfer, or request a “No Further Action” determination for a property that
has not been remediated to below “unrestricted use” standards, you must file a Notice of Residual Petroleum
Page 2 of 2
96921
January 19, 2023

North Carolina Department of Environmental Quality | Division of Waste Management 
Asheville Regional Office | 2090 US Highway 70 | Swannanoa, NC 28778 | (828) 296‐
4500 

with the Register of Deeds in the county where the property is located (North Carolina General Statutes
143B-279.9, and 143B-279.11).
Failure to comply with the State's rules in the manner and time specified may result in the assessment of
civil penalties and/or the use of other enforcement mechanisms.
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,

Katie Bernal, P.G.
Hydrogeologist
Asheville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosures: Title 15A NCAC 02L .0504 and 02L .0505
cc: Madison County Health Department
Mark Hunter, Marion Environmental, [e-mail]
Angela White, Custard Insurance Adjusters, [e-mail]

15A NCAC 02L .0504 REQUIRED INITIAL RESPONSE AND ABATEMENT ACTIONS BY
RESPONSIBLE PARTY
Upon a discharge or release of petroleum from a non-UST petroleum source the responsible party shall:
(1)take actions to prevent all further discharge or release of petroleum from the non-UST petroleum
source; identify and mitigate all fire, explosion, or vapor hazard; and report the release within 24
hours of discovery, in compliance with G.S. 143-215.83(a), 84(a), and 85(b);
(2)perform initial abatement actions to measure for the presence of a release where contamination is
most likely to be present; confirm the source of the release; investigate to determine the possible
presence of free product; begin free product removal; and to continue to monitor and mitigate all
additional fire, explosion, or vapor hazards posed by vapors or by free product; and submit a
report to the Department of Environmental Quality, UST Section, Regional Office Supervisor in
accordance with 15A NCAC 02B .0309 and .0311, within 20 days after release confirmation
summarizing these initial abatement actions;
(3)remove contaminated soil that would act as a continuing source of contamination to groundwater.
For a new release, no further action shall be necessary if:
(a)initial abatement actions involving control and removal of contaminated materials are
initiated within 48 hours from discovery and before contaminated materials begin to
impact groundwater; and
(b)analysis, in accordance with the approved methods in Rule .0412 of this Subchapter, of
representative samples of remaining soils shows concentrations:
(i)at or below the more stringent of the soil-to-groundwater concentration value
and the residential maximum soil contamination concentration value; or
(ii)using other EPA-approved analytical methods in accordance with Rule
.0412(b)(7) of this Subchapter, concentration values below the more stringent of
the soil-to-groundwater concentration alkane and aromatic carbon fraction class
values and the residential maximum soil contamination concentration alkane and
aromatic carbon fraction class values;
For new releases, if the abatement actions cannot be initiated within 48 hours of discovery or if
soil concentrations remain above the values in this Paragraph, the responsible party shall conduct
all activities under Items (1) through (5) of this Rule;
(4)conduct initial site assessment, assembling information about the site and the nature of the release,
including the following:
(a)a site history and site characterization, including data on nature and estimated quantity of
release and data from available sources and site investigations concerning surrounding
populations, water quality, use, and approximate locations of wells, surface water bodies,
and subsurface structures potentially affected by the release, subsurface soil conditions,
locations of subsurface utilities, climatological conditions, and land use;
(b)the results of free product investigations and free product removal, if applicable;
(c) the results of groundwater and surface water investigations, if applicable;
(d) a summary of initial response and abatement actions; and
(5) submit as required in Item (2) of this Rule, within 90 days of the discovery of the discharge or
release:
(a) an initial assessment and abatement report as required in Item (4) of this Rule;
(b) soil assessment information sufficient to show that remaining unsaturated soil in the side
walls and at the base of the excavation does not contain contaminant levels that exceed
either the soil-to-groundwater or the residential maximum soil contaminant
concentrations established by the Department pursuant to Rule .0511 of this Section,
whichever is lower; and
(c) documentation to show that neither bedrock nor groundwater was encountered in the
excavation or, if groundwater was encountered, that contaminant concentrations in
groundwater were equal to or less than the groundwater quality standards established in
Rule .0202 of this Subchapter. If such showing is made, the discharge or release shall be
classified as low risk by the Department.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
15A NCAC 02L .0505 REQUIREMENTS FOR LIMITED SITE ASSESSMENT (a)If the required showing cannot be made by the responsible party under Rule .0504 of this Section, theresponsible party shall submit within 120 days of the discovery of the discharge or release, a report as required inRule .0504 of this Section, containing information needed by the Department to classify the level of risk to humanhealth and the environment posed by a discharge or release under Rule .0506 of this Section.(b)The responsible party may submit a written request an extension to the 120 day deadline set forth in Paragraph(a)of this Rule to the Department for the Department's consideration prior to the deadline. The request for deadlineextension by the responsible party shall demonstrate that the extension, if granted by the Department, would notincrease the risk posed by the release. When considering a request from a responsible party for additional time tosubmit the report, the Department shall consider the following:(1)the extent to which the request for additional time is due to factors outside of the control of theresponsible party;(2)the previous history of the person submitting the report in complying with deadlines establishedunder the Commission's rules;(3)the technical complications associated with assessing the extent of contamination at the site oridentifying potential receptors; and(4)the necessity for action to eliminate an imminent threat to public health or the environment.(b)The report shall include:(1)a location map, based on a USGS topographic map, showing the radius of 1500 feet from thesource area of a confirmed release or discharge and depicting all water supply wells, surfacewaters, and designated "wellhead protection areas" as defined in 42 U.S.C. 300h-7(e) within the1500-foot radius. 42 U.S.C. 300h-7(e), is incorporated by reference including subsequentamendments and editions. Copies may be obtained at no cost from the U.S. GovernmentBookstore's website at http://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap6A-subchapXII-partC-sec300h-7.htm. The material is available forinspection at the Department of Environmental Quality, UST Section, 217 West Jones Street,Raleigh, NC 27603. For purposes of this Section, "source area" means point of release ordischarge from the non-UST petroleum source, or if the point of release cannot be determinedprecisely, "source area" means the area of highest contaminant concentrations;
(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 mapentitled "Geology of North Carolina" published by the Department in 1985, incorporated byreference including subsequent amendments or editions and may be obtained electronically free ofcharge from the Department's website at https://deq.nc.gov/about/divisions/energy-mineral-land-
resources/north-carolina-geological-survey/ncgs-maps/1985-geologic-map-of-nc, 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 that is being used or may be used as asource of drinking water;(4)a determination of whether vapors from the discharge or release pose a threat of explosion due tothe accumulation of vapors in a confined space; pose a risk to public health from exposure; or poseany other threat to public health, public safety, or the environment;(5)scaled site maps showing the location of the following that are on or adjacent to the propertywhere the source is located:
(A)site boundaries;(B)roads;(C)buildings;(D)basements;(E)floor and storm drains;(F)subsurface utilities;
(G)septic tanks and leach fields;(H)underground and aboveground storage tank systems;(I)monitoring wells;(J)water supply wells;(K)surface water bodies and other drainage features;(L)borings; and(M)the sampling points;(6)the results from a limited site assessment that shall include the following actions:(A)determine the presence, the lateral and vertical extent, and the maximum concentrationlevels of soil and, if possible, groundwater contamination and free productaccumulations;
(B) install monitoring wells constructed in accordance with 15A NCAC 02C .0108 within the
area of maximum soil or groundwater contamination to determine the groundwater flow
direction and maximum concentrations of dissolved groundwater contaminants or
accumulations of free product. During well construction, the responsible party shall
collect and analyze soil samples that represent the suspected highest contaminant-level
locations by exhibiting visible contamination or elevated levels of volatile organic
compounds from successive locations at five-foot depth intervals in the boreholes of each
monitoring well within the unsaturated zone; collect potentiometric data from each
monitoring well; and collect and analyze groundwater or measure the amount of free
product, if present, in each monitoring well;
History Note: Authority G.S. 143-215.3(a)(1); 143-215.84; 143-215.104AA; 143B-282;
Eff. March 1, 2016;
Readopted Eff. June 1, 2019.
(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 that may 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 Item; and(10)names and current addresses of all responsible parties for all petroleum sources for which a
discharge or release is confirmed, the owners of the land upon which such petroleum sources are
located, and all potentially affected real property owners. Documentation of ownership of ASTs
or other sources and of the property upon which a source is located shall be provided.