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HomeMy WebLinkAboutMO-8920_40424_E_NOV_20150609_Notice of ViolationAALT4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary June 9, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7009 2820 0002 5412 3791 Attention: Frank Jacobs, Registered Agent for The Rock Worship Center C.O.G.I.C. 2410 Lexington Approach Charlotte, NC 28262 Re: Notice of Violation of 15A NCAC 2L .0400 Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Rock Worship Center 1113 Fordham Road Mecklenburg County Incident Number: 40424 Risk Classification: Undetermined Dear Mr. Jacobs: Information received by this office of the UST Section, Division of Waste Management, on November 14, 2014 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. This letter explains the violation(s) and associated corrective action(s) you must take as a result of the release or discharge in accordance with North Carolina statutes and rules. The UST Section, Division of Waste Management, administers the state's rules for USTs and the required response for petroleum releases. Those rules are located in Title 15A, Subchapter 2L and Title 15A, Subchapter 2N of the North Carolina Administrative Code (NCAC). VIOLATION 1: Failure to submit a Limited Site Assessment Report in accordance with Title 15A NCAC 2L .0405 to the UST Section within 120 days of discovery of a discharge or a release. REQUIRED CORRECTIVE ACTION: Please submit a Limited Site Assessment Report in accordance with Title 15A NCAC 2L .0405. and the most recent version of the Guidelines for Assessment and Corrective Action for UST Releases containing information needed by the Department to classify the level of risk to human health and the environment posed by the discharge or release. The Limited Site Assessment Report must be received by this office within 30 days of receipt of this notice. Based on a review of the information submitted in the Limited Site Assessment, the Department will classify the risk of the discharge or release as high, intermediate, or low. At that time, the Department will also classify the land use of the site as either residential or industrial/commercial. You will be notified of the risk and land use classifications once review of your Limited Site Assessment Report is completed. An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper Please take the corrective action(s) for the above violation(s) as necessary to bring the site into compliance. Corrective actions must be taken and reported to the Mooresville Regional Office, within 30 days of receipt of this notice to avoid recommendation of civil penalties for continuing violations. Penalties may be assessed for the violation(s) 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. Please note that performing assessment and cleanup work that is not required under 15A NCAC 2L .0400 is not reimbursable from the Commercial or Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Funds. If you have any questions regarding the actions that must be taken or the rules mentioned in this letter, please contact Brett Morris at (704) 235-2168 or by the address for the Mooresville Regional Office listed below. If you have any questions regarding trust fund eligibility or reimbursement, please contact the UST Section Trust Fund Branch at (919) 707-8171. , eonncerely, aAd Taraban, Ph.D. Regional Supervisor Mooresville Regional Office UST Section, Division of Waste Management, NCDENR cc: Shawna Caldwell — Mecklenburg County Health Department Rock Worship Center — 1113 Fordham Road, Charlotte, NC 28208 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) 433-3300 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) — 450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105, (336) 776-9800 Guilford County Environmental Health, 400 West Market Street, Suite 300, Greensboro, NC 27401, (336) 641-3771 C:\letters\20 l 5 \R ock Vv ors hipCe rater. nov r9 tr r` m ru a ru a 0 0 4 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) r0 Total Popf— c ceoe Q rU senrT The Rock Worship Center CGOIC o Attn: Frank Jacobs, Registered Agent C3 o�Poe 2410 Lexington' Approach -""" j� /�/�v Charlotte, North Carolina 28262 City State , V Y;4 0 'O o• t &T ■ 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: The Rock Worship Center CGOIC Attn: Frank Jacobs, Registered Agent 2410 Lexington Approach Charlotte, North Carolina. 28262 A. ❑ Agent ❑ Addressee B. eceived y (Printed Name) C. Date of Delivery D. Is delivery address different from item 17 +11111PRIO If YES, enter delivery address below: QTIo 3. ice Type , SeOertified Mail nisimrmmOds" �1111�Ibllllril 1310"Return Receipt for Merchandise 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number 7009 2820 0002 5412 3791 (Transfer from service iabeo — PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Maile or Priority Maile. ■ Certified Mail is not available for any class of international mail. • NOINSURANCE COleIS d or Registered PROVIDED with Certified Mail. For valuables, please c ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agant. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, pplease present the arti- cle receiptthe notneeded, detaoffice for ch and affix lalbel whtpost postage and on theCertified Mail IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 UNITED STATES O' T'AL RV CE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • North Carolina Department of Environment and Natural Resources N Mooresville Regional Office -UST Section C10 LND 610 East Center Avenue, Suite 301 qa. � 0 o ry Mooresville, North Carolina 28115 Or m I11,lJu, 7— M OM zc X m a