HomeMy WebLinkAboutMO-7037_27784_E_NOV_20060131_Notice of Violation�Aalja
NCDENR
North Carolina [department of Environment 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
Dexter R. Matthews, Director
Re: 'Notice of Violation of
15A NCAC 2L.0405
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
.011l(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 143B-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 (919) 733-8486. 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 (704) 235-2172.
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 (828) 296-4500
Fayetteville (FAY) — 225 Green Street, Suite 714, Systel Building, Fayetteville, NC 28301 (910) 486-1541
Mooresville (MOR) — 610 East Center Avenue, Suite 301, Mooresville, NC 28115 (704) 663-1699
Raleigh (RRO) — 1628 Mail Service Center, Raleigh, NC 27699 (919) 791-4200
Washington (WAS) — 943 Washington Square Mall, Washington, NC 27889 (252) 946-6481
Wilmington (WIL) — 127 Cardinal Drive Extension, Wilmington, NC 28405 (910) 796-7215
Winston-Salem (WS) — 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-4600
Guilford County Environmental Health, 1203 Maple Street, Greensboro, NC 27405, (336) 641-3771
U.S.
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ajs/nov 01/31/06 ust
PS Form :0E
June 2002