MO-3687_9515_G_NORR_19940413

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State of North Carolina IT
Department of Environment,
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Health and Natural Resources • e
Mooresville Regional Office a
James B. Hunt, Jr., Governor p E H N F 1
Jonathan B. Howes, Secretary
Vivian H, Burke, Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
April 13, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Frito-Lay, Inc.
7701 Legacy Drive
Plano, Texas 75024-4099
Attention: Mr. David H. Chambers
RE: Notice of Regulatory Requirements
G.S. 143-215.94E - Oil Pollution
and Hazardous Substances Control Act
Frito-Lay Manufacturing Center
Mecklenburg County, N.C.
Dear Mr. Chambers:
Part 2A, Article 21A of Chapter 143 of the North Carolina
General Statutes provides for the Commercial and Noncommercial
Leaking Petroleum Underground Storage Tank (UST) Cleanup Fund. The
Division of Environmental Management (Division) has the delegated
authority to administer the Fund and to enforce G.S. 143-215.94A et
sew.
The Division's Mooresville Regional Office received your
underground storage tank closure report on January 26, 1994. A
review of the report indicates that soil contamination has been
confirmed to be present in an area around four former 30, 000-gallon
heating oil USTs at the subject facility. Total petroleum
hydrocarbon levels as high as 7200 parts per million were reported.
The former USTs had been used for storing heating fuel for
consumptive use on the premises.
As the owner and operator of the UST that discharged or
released petroleum, you are required by G.S. 143-215.94E to
immediately undertake to collect and remove the discharge or
release and to restore the area affected. As stated in the UST
closure report, the USTs have been removed but contaminated soil is
still present at the site.
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Frito-Lay, Inc.
April 13, 1994
Page Two
To achieve compliance with the above cited laws, you are
required to take the following actions:
1. Submit a report on the site investigation of the
horizontal and vertical extent of soil contamination.
2. Submit a soil remedial action plan for all excavated
contaminated soil.
3. You should also complete a Site Sensitivity Evaluation in
accordance with the "Groundwater Section Guidelines for
the Investigation and Remediation of Soils and
Groundwater" (June 1993).
The report and evaluation are due in this office within 60
days of receipt of this letter.
Submittal of the UST closure report does not relieve you of
the responsibility for continued investigation and cleanup at this
site. In order to avoid delays due to Mooresville Regional Office
staff review time, you should proceed without further notice or
review by Mooresville staff. Prior to initiation of remediation at
the subject site, you should contact the Mooresville Office.
You should be aware that any violation of G.S. 1 43-215.94E may
subject you to a civil penalty assessment under authority of G.S.
143-215.94K of up to $5,000 per violation. Failure to respond
within the time specified and to voluntarily achieve compliance may
result in the recommendation for enforcement action.
Your response and/or questions should be directed to Mike
Tynan of the Mooresville Regional Office at [phone],
ext. 238.
Sincerely,
Brenda J. Smith, P.G.
Regional Supervisor
Enclosure: Suggested Analytical Methods for Soil Analyses
Suggested Analytical Methods for Groundwater Analyses
Site Sensitivity Evaluation
cc: Groundwater Section, Raleigh
Rusty Rozzelle - MCDEP
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