MO-7037_27784_G_NORR_20060131_Notice of Regulatory Requirements RTS

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
_ MOORESVILLE REGIONAL OFFICE
NCDEN 610 EAST CENTER AVENUE, SUITE 301
MOORESVILLE, NC 28115
CERTIFIED MAIL
RETURN RECEIPT REQUIRED
MS RUTH BLYT
C/O DOROTHY CA ADY
0
4921 SOUTH HILL EW DRIVE
CHARLOTTE NC 282 0
OA ❑ INSUFFICIENT ADDRESS
c ❑ ATTEMPTED NOT KNOWN - ❑ OTHER
0 NO SUCH NUMBER/ STREET
S il NOT DELIVERABLE AS ADDRESSED Toq
- UNABLE TO FORWARD .

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■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
NvIS RUTH BLYTHE
C/O DOROTI-IY CANADY
4921 SOUTH HILL VIEW DRIVE
(TIARLOTTE NC 28210
ajs/nov 01/31/06 ust
A. Signature
X El Agent
❑ Addressee
B. Received by ( Printed Name) C. Date of Delivery
D. Is delivery address different from item 1? ❑ Yes
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2. Article Number 7003 2260 0001 3494 0029
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540

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NCDENR
Jorth Carolina Department of and
Michael F. Easley, Governor Division of Waste Management
William G. Ross Jr., Secretary Underground Storage Tank Section
January 31, 2006
CERTIFIED MAIL CM # 7003 2260 00013494 0029
RETURN RECEIPT REQUESTED
Ms. Ruth Blythe
c/o Dorothy Canady
4921 South Hill View Drive
Charlotte, North Carolina 28210
Dear Ms. Blythe:
Natural Resources
Re: Notice of Violation of
15A NCAC 2L.0405
Dexter R. Matthews, Director
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Franklin Blythe Property -Former
8910 Vance Road, Charlotte
Mecklenburg County
Incident Number:27784
Risk Classification: Unknown
Information received by this office on October 19, 2004, confirms a release or discharge from a
petroleum underground storage tank (UST) system at the above -referenced location. Records indicate
that you are the owner or operator of this UST system. You have failed to comply with the assessment
and reporting requirements of Title 15A NCAC 2L .0405 within the timeframes specified in the attached
rules.
Please report to the Mooresville Regional Office the actions taken to bring the site into
compliance within 30 days from the date of this notice to avoid recommendation of civil penalties for
continuing violations.
Penalties may be assessed for the violation described within this Notice of Violation. Your
prompt attention to the items described herein is required. Failure to comply with the State's rules, in the
manner and time specified, may result in the assessment of additional civil penalties and/or the use of
other enforcement mechanisms available to the State. Each day that a violation continues may be
considered a separate violation.
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 Title 15A NCAC 2L .0103(e) and 2L
.0111(b).
An Equal Opportunity, Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper

Franklin Blythe Property -Former
January 31, 2006
Page Two
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 ("Notice") with the Register of Deeds in the county where the property is located
(NCGS 14313-279.9 and 14313-279.11).
If you have any questions regarding trust fund eligibility or reimbursement from the Commercial
or Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Funds, 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 Allen J. Schiff at [phone].
Sincerely,
Steven E. Bograd, P G.
Regional Supervisor
Mooresville Regional Office
Enclosures: Title 15A NCAC 2L .0405
November 1, 2004, Notice of Regulatory Requirements
cc: Shawna Caldwell, LUESA-Mecklenburg County Health Department
NCDOT, Attention: Cyrus Parker
UST Regional Offices
Asheville (ARO) — 2090 US Highway 70, Swannanoa, NC 28778 [phone]
Fayetteville (FAY) — 225 Green Street, Suite 714, Systel Building, Fayetteville, NC 28301 [phone]
Mooresville (MOR) — 610 East Center Avenue, Suite 301, Mooresville, NC 28115 [phone]
Raleigh (RRO) — 1628 Mail Service Center, Raleigh, NC 27699 [phone]
Washington (WAS) — 943 Washington Square Mall, Washington, NC 27889 [phone]
Wilmington (WIL) — 127 Cardinal Drive Extension, Wilmington, NC 28405 [phone]
Winston-Salem (WS) — 585 Waughtown Street, Winston-Salem, NC 27107 [phone]
Guilford County Environmental Health, 1203 Maple Street, Greensboro, NC 27405, [phone]

(b) The applicable portions of Section .0100 not specifically excluded apply to this Section.
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,-
143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L. 0115(a);
Amended Eff. December 1, 2005.
15A NCAC 02L .0402 DEFINITIONS
The definitions as set out in 15A NCAC 02L .0102 apply to this Section.
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;
Eff. December 1, 2005.
15A NCAC 02L .0403 RULE APPLICATION
This Section applies to any discharge or release from a "commercial underground storage tank" or a "noncommercial
underground storage tank," as those terms are defined in G.S. 143-215.94A, which is reported on or after the effective date of
this Section. This Section shall apply to any discharge or release from a "commercial underground storage tank" or a
"noncommercial underground storage tank," as those terms are defined in G.S. 143-215.94A which is reported before the
effective date of this Section as provided in 15A NCAC 02L .0416 of this Section. The requirements of this Section shall
apply to the owner and operator of the underground storage tank from which the discharge or release occurred, a landowner
seeking reimbursement from the Commercial Leaking Underground Storage Tank Fund or the Noncommercial Leaking
Underground Storage Tank Fund under G.S. 143-215.94E, and any other person responsible for the assessment or cleanup of
a discharge or release from an underground storage tank, including any person who has conducted or controlled an activity
which results in the discharge or release of petroleum or petroleum. products as defined in G.S. 143-215.94A(10) to the
groundwaters of the State, or in proximity thereto; these persons shall be collectively referred to for purposes of this Section
as the "responsible party." This Section shall be applied in a manner consistent with the rules found in 15A NCAC 2N in
order to assure that the State.'s requirements regarding assessment and cleanup from underground storage tanks are no less
stringent than Federal requirements.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T, 143-21.5.94V,-
143E-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L. 01 15(b);
Amended Eff. December 1, 2005.
15A NCAC 02L .0404 REQUIRED INITIAL ABATEMENT ACTIONS BY RESPONSIBLE PARTY
A responsible party shall:
(1) take immediate action to prevent any further discharge or release of petroleum from the underground
storage tank; identify and mitigate any fire, explosion or vapor hazard; remove any free product; and
comply with the requirements of Rules .0601 through .0604 and .0701 through .0703 and .0705 of
Subchapter 02N;
(2) incorporate the requirements of 15A NCAC 02N .0704 into the submittal required under Item (3) of this
Paragraph or the limited site assessment report required under 15A NCAC 02L .0405 of this Section,
whichever is applicable. Such submittals shall constitute compliance with the reporting requirements.of
15A NCAC 02N .0704(b);
(3) submit within 90 days of the discovery of the discharge or release a soil contamination report containing
information sufficient to show that remaining unsaturated soil in the side walls and at the base of the
excavation does not contain contaminant levels which exceed either the "soil -to -groundwater" or the
residential maximum soil contaminant concentrations established by the Department pursuant to 15A
NCAC 02L .0411 of this Section, whichever is lower. If such showing is made, the discharge or release
shall be classified as low risk by the Department;
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 14'-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)(1)-(3),
Amended Eff. December 1, 2005.
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
http://reports.oah.state.nc.us/ncac/title%2015 a%20-%20environment%20and%20natural... 12/21/2005

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,-
143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodifted from 15A NCAC 02L .0115(c)(4);
Amended Eff. December 1, 2005.
http://reports.oah. state.ne.us/ncae/title%2015 a%20-%20environment%2Oand%20natural... 12/21 /2005

�
NCDENR
North Carolina Department of Environment and
Michael F. Easley, Governor
William G. Ross Jr., Secretary Division of Waste Management
Underground Storage Tank Section
November 1, 2004
Ms. Ruth Blythe
c/o Dorothy Canady
4921 South Hill View Drive
Charlotte, North Carolina 28210
Re: Notice of Regulatory Requirements
15A NCAC 2L .0115(c)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Blythe Property (Franklin)
8910 Vance Road
Mecklenburg County
Incident Number: 27784
Dear Ms. Ruth Blythe:
Natural Resources
Dexter R. Matthews, Director
Information received by this office on October 19, 2004 confirms a release or discharge from a
petroleum underground storage tank (UST) system at the above -referenced location. Records
indicate that you are the owner or operator of this UST system. Therefore, as a responsible
party, you must comply with the release response and corrective action requirements of Title
15A NCAC 2L .0115(c) items 1-4 within the timeframes specified in the attached rule.
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 Title 15A NCAC 2L .0103(e) and 2L .0111(b).
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 ("Notice")with the Register of Deeds in the county where the
property is located (NCGS 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.
An Equal opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper

Ms. Ruth Blythe
November 1, 2004
Page 2 of 2
If you have any questions regarding trust fund eligibility or reimbursement from the Commercial
or Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Funds, 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,
Chuck Cranford
Hydrogeological Technician
Mooresville Regional Office
Enclosures: Excerpt of 15A NCAC 2L .0115(c)(1-4)
cc: Bobby Cobb, Mecklenburg County Health Department
Cyrus Parker - NCDOT
UST Regional Offices
Asheville (ARO) — 2090 US Highway 70, Swannanoa, NC 28778 [phone]
Fayetteville (FAY) — Systel Building, Suite 714, Fayetteville, NC 28301 [phone]
Mooresville (MOR) —610 East Center Avenue, Suite 301, Mooresville, NC 28115 [phone]
Raleigh (RRO) — 1628 Mail Service Center, Raleigh, NC 27699 [phone]
Washington (WAS) — 943 Washington Square Mall, Washington, NC 27889 [phone]
Wilmington (WIL) — 127 Cardinal Street Extension, Wilmington, NC 28405 [phone]
Winston-Salem (WS) — 585 Waughtown Street, Winston-Salem, NC 27107 [phone]
Guilford County Environmental Health, 1203 Maple Street, Greensboro, NC 27405, [phone]