MO-9272_40736_G_O_20181130_Conditional NFA Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secrerary
MICHAEL SCOTT
Director
Attn: Seth Wofford
S W Residential Design & Construction LLC
768 Pinnacle Drive
Iron Station, NC 28082-0105
(via email)
Dear Mr. Wofford:
NORTH CAROLINA
Environmental Quality
November 30, 2018
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Digiampaolo Residence
821 Coulwood Drive, Charlotte
Mecklenburg County
Incident Number: 40736
Risk Classification: Low
The Soil Cleanup Report/ Site Closure Request received by the UST Section, Division of Waste Management,
Mooresville Regional Office on November 29, 2018 has been reviewed. The review indicates that soil contamination
exceeds the residential maximum soil contaminant concentrations (MSCCs) established in Title 15A NCAC 2L .0411.
North Carolina General Statute (NCGS) 14313-279.9 and 14313-279.11 require a Notice of Residual
Petroleum (Notice) to be filed with the Register of Deeds in Mecklenburg 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 instructions and format found in the Instructions and
Form for Notice of Residual Petroleum with Alternate Land Use Restriction available at the following link
https://deq.nc.gov/about/divisions/waste-management/ust/forms. 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 (soil and groundwater). 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.
NORTH C+4RpL'Yn� E Q2�
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North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional 0Mce 1 610 East Center Avenue, Suite 301 1 Mooresville. North Carolina 28115
704.663.1699

The Notice of Residual Petroleum 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 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 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 notice of residual petroleum by this office; and on receipt of confirmation that public
notice requirements have been completed, as described in the following paragraphs.
Public notice in accordance with 15A NCAC 2L .0409(b) also is required. Thus, within 30 days of
receipt of this letter, a copy of the letter must be provided by certified mail, or 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 office must be provided with
proof of receipt of the copy of the letter or of refusal by the addressee to accept delivery of the copy of the letter
or with a description of the manner in which the letter was posted. Interested parties may examine the Soil
Cleanup Report/ Site Closure Request by contacting this regional office and may submit comments on 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 this notice, please contact me by email at
Trudy.Beverlykncdenr.gov or telephone at [phone].
Sincerely,
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Shawna Caldwell, Mecklenburg County Health Department
NORTH C.4R0.'+1A�E Q�
u.prm n of En- r,nn H-, 9Nor
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional 0Mce 1 610 East Center Avenue, Suite 301 1 Mooresville. North Carolina 28115
704.663.1699

Beverly, Trudy
From: Beverly, Trudy
Sent: Friday, November 30, 2018 7:49 AM
To: Seth Wofford
Subject: Digiampaolo Residence #40736 - Conditional Notice of No Further Action
Attachments: MO-9272_40736_G_0_20181130_Condidtional NFA Letter.pdf
Please see the attached Conditional Notice of No Further Action letter for Digiampaolo Residence located at 821
Coulwood Drive, Charlotte.
Trudy
i>�air+q N �■.Upnyny� 9�.iiry
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environment Quality
Underground Storage Tanks Section
Corrective Action Branch
Mooresville Regional Office
[phone] (Office)
Trudv.BeverlVna,ncdenr. og_v
Ern d CvrreWorKlenCe to and Wm IM eotkegs is subject to tho
Nora} �r;dKra P)bkc Records Law and rroey be domed to third part+es.
Branch's Underground Storage Tanks Website Address: https://deg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deg.nc.gov/about/divisions/waste-
management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://deg.nc.gov/about/divisions/waste-management/waste-management-rules-data/waste-management-gis-maps
File Review Procedures:
https://deg.nc.gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://edocs.deg.nc.gov/WasteManagement/Search.aspx
Document Submittal & UST File Names for Laserfiche Policies:
https://files.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmi
ttal%20Memo%2OUpdate.pdf
https://files.nc.gov/ncdeq/Waste%20Management/DWM[UST/Corrective%2OAction/UST°/`2Ofile°/`20names%20for°/`20
Laserfiche.docx