MO-9318_40776_G_NORR_20171201_Notice of Regulatory Requirements

COPY
Waste Management
ENVIRONMENTAL OLIALITY
December 1, 2017
Ms. Joyce Needham
257 Ponderosa Circle
Mooresville, NC 28117
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Re: Notice of Regulatory Requirements
15A NCAC 2L .0404 and .0405, and
Session Law 2015-241, Section 14.16
Risk -based Assessment and Corrective
Action for Noncommercial Petroleum
Underground Storage Tanks
Needham Residence - Joyce
1830 Old Salisbury -Concord Road
Cabarrus County
Incident Number: 40776
Preliminary Risk Classification: High
Dear Ms. Needham:
On September 20, 2017, this regional office of the Underground Storage Tank Section, Division
of Waste Management received notification that a leak from a heating oil underground storage tank
(UST) was found at the subject property.
Based on information provided to the regional office, the noncommercial UST release has been
conditionally determined to be `high' risk due to the presence of a water supply well that exists within
150 feet of the source area. Furthermore, reporting indicates that the attempt to remove all the
contaminated soil is limited due to the residential structure. Therefore, as the owner or operator of this
UST system, you must either conduct additional soil and groundwater assessment, in accordance with
Title 15A NCAC 2L .0405, or address the risk posed by the leak. Title 15A NCAC 2L .0405 includes the
soil and groundwater sampling requirements necessary to further evaluate the risk at this site.
If opting to address the risk posed by the leak and to avoid conducting additional soil and
groundwater sampling, you will need to provide documentation to this regional office that shows that you
have taken care of all the potential risks posed by the leak. Specifically, the risk can be lowered if all
water supply wells within 150 feet of the release are properly abandoned, as recommended in the Initial
Abatement Action Report. Otherwise, if opting to do additional soil and groundwater assessment instead
of addressing the risk mentioned above, soil and groundwater sampling results are required to be reported
within 120 days from the date that the release was discovered.
State of North Carolina I Environmental Quality I Waste Management
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, NC 28115
704 6631699

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 soil and
groundwater assessment reports submitted to the Department:pf Env rdnm :to1, Quality in accordance
with Title 15A NCAC 2L .0103(e) and 2L .0111(b).
Also, please note that before you sell or transfer your property, or if you request a "No Further
Action" determination for a `low risk' site, where the property has not been cleaned up to what are known
as "unrestricted use" standards, you must file a Notice of Residual Petroleum with the Register of Deeds
in the county where the property is located (per North Carolina General Statute 143B-279.9 and 143B-
279.11).
Failure to comply with the State's rules can result in the assessment of civil penalties and/or the
use of other legal enforcement mechanisms. However, our goal is to help you find a reasonable and cost-
effective way to protect human health and the environment from any leaking UST. If you have any
questions about anything in this letter, or want to discuss different options you may be considering to
clean up or otherwise address your site risk, please contact me at [phone] or by the address for the
Mooresville Regional Office listed below.
Sinc r-Ply,
Brett Morris
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosures: Title 15A NCAC 2L .0404 and 2L .0405
A Brief History of North Carolina Session Laws, Rules, and General Statutes...
cc: Dr. William F. Pilkington - Cabarrus County Health Alliance
Donald Warren — PM Environmental
State of North Carolina I Environmental Quality I Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, NC 28115
704 6631699