MO-9443_40880_G_NORR_20191101_Notice of Regulatory Requirements

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
City of Charlotte,
Engineering & Project Management,
Attn: Douglas Pierotti
(via email)
Dear Mr. Pierotti:
NORTH CAROLINA
Environmental Quality
November 1, 2019
Re: Notice of Regulatory Requirements
NCGS 14313-279.9 and 14313-279.11 and
Session Law 2015-241, Section 14.16A and 14.16B
Risk -based Assessment and Corrective Action for
Noncommercial Petroleum Underground Storage
Tanks
Charlotte Gateway Station & Track
518 W 4th Street, Charlotte
Mecklenburg County
Incident Number: 40880
Risk Classification: Low
The UST Removal Report received by the Underground Storage Tank (UST) Section,
Division of Waste Management, Mooresville Regional Office on March 7, 2019 has been reviewed.
The report documents the results of soil samples collected for assessment around the former UST
System removed on December 4, 2018 from the above referenced facility.
This would qualify as a `noncommercial' UST based on the size of this tank and fuel usage
information provided in the report. This is important because there are different requirements for
noncommercial USTs than for commercial USTs (typically larger tanks used for fuel sales or other
business purposes), in part due to the removal of the Noncommercial Leaking Underground Storage
Trust Fund through Session Law 2015-241 in October 2015. If there are no immediate emergency
problems, the Department of Environmental Quality uses information about the tank and local area
provided by the tank owner or operator, or landowner, to determine if the leak poses an unacceptable
risk to human health or the environment.
Q�
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

The review indicates that soil contamination exceeds the residential maximum soil
contaminant concentration (MSCCs) established in the Title 15A NCAC 2L .0411 and groundwater
samples were not collected for analyses. The report states that no water supply wells are located
within 150 feet of the release. Based on the information provided, this site meets the cleanup
requirements for a low -risk noncommercial, unregulated site.
As the owner or operator of this UST system, North Carolina General Statute (NCGS) 14313-
279.9 and 143B-279.11 require a Notice of Residual Petroleum (Notice) to be filed with the Register
of Deeds in Mecklenburg County, where the release is located, when a release from an underground
storage tank has not been remediated to below "unrestricted use standards". The Notice is required
either prior to conveyance of a contaminated property or prior to receiving a Notice of No Further
Action. "Unrestricted use standards" for groundwater are the groundwater quality standards and
interim standards contained in Title 15A NCAC 2L .0202, and "unrestricted use standards" for soil
are the residential maximum soil contaminant concentrations (MSCCs) established in Title 15A
NCAC 2L .0411. This site exceeds "unrestricted use standards"for soil and groundwater (not
sampled).
The Notice must be prepared in accordance with the instructions and format found at the
following link https:Hdeq.nc.gov/about/divisions/waste-management/ust/forms and sent to this regional
office of the UST Section for approval and notarization. The approved and notarized Notice must
then be filed by you with the Register of Deeds, and a certified copy of the filed Notice must be
submitted to this office.
If you have any questions regarding the actions or the rules mentioned in this letter, please
contact me by email at Trudy.BeverlyAncdenr.gov or telephone at [phone].
Sincerely,
Jq114"JX
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater
& Wastewater Services (via email)
Gordon Box, NCDOT (via email)
David Graham & Matt Bramblett, Hart & Hickman (email)
Enclosure: NCGS 143B-279.9 and 143B-279.11
A Brief History of North Carolina Session Laws, Rules, and General Statutes...
p D FM Q�
G� mnpl �Nry�
North Carolina Department of Environmental Quality I Division of Waste Management
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

§ 143B-279.9. Land -use restrictions may be imposed to reduce danger to public health at
contaminated sites.
(a) In order to reduce or eliminate the danger to public health or the environment posed
by the presence of contamination at a site, an owner, operator, or other responsible party may
impose restrictions on the current or future use of the real property comprising any part of the
site where the contamination is located if the restrictions meet the requirements of this section.
The restrictions must be agreed to by the owner of the real property, included in a remedial action
plan for the site that has been approved by the Secretary, and implemented as a part of the
remedial action program for the site. The Secretary may approve restrictions included in a
remedial action plan in accordance with standards that the Secretary determines to be applicable
to the site. Except as provided in subsection (b) of this section, if the remedial action is risk -based
or will not require that the site meet unrestricted use standards, the remedial action plan must
include an agreement by the owner, operator, or other responsible party to record approved
land -use restrictions that meet the requirements of this section as provided in G.S. 143B-279.10
or G.S. 14313-279.11, whichever applies. Restrictions may apply to activities on, over, or under
the land, including, but not limited to, use of groundwater, building, filling, grading, excavating,
and mining. Any approved restriction shall be enforced by any owner of the land, operator of the
facility, or other party responsible for the contaminated site. Any land -use restriction may also
be enforced by the Department through the remedies provided by any provision of law that is
implemented or enforced by the Department or by means of a civil action. The Department may
enforce any land -use restriction without first having exhausted any available administrative
remedies. A land -use restriction may also be enforced by any unit of local government having
jurisdiction over any part of the site. A land -use restriction shall not be declared unenforceable
due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack
of any property interest in particular land. Any person who owns or leases a property subject to
a land -use restriction under this Part shall abide by the land -use restriction.
(b) The definitions set out in G.S. 143-215.94A apply to this subsection. A remedial
action plan for the cleanup of environmental damage resulting from a discharge or release of
petroleum from an underground storage tank pursuant to Part 2A of Article 2 1 A of Chapter 143
of the General Statutes, other petroleum sources, or from an aboveground storage tank pursuant
to Part 7 of Article 2 1 A of Chapter 143 of the General Statutes must include an agreement by the
owner, operator, or other party responsible for the discharge or release of petroleum to record a
notice of any applicable land -use restrictions that meet the requirements of this subsection as
provided in G.S. 14313-279.11. All of the provisions of this section shall apply except as
specifically modified by this subsection and G.S. 143B-279.11. Any restriction on the current or
future use of real property pursuant to this subsection shall be enforceable only with respect to:
(i) real property on which the source of contamination is located and (ii) any real property on
which contamination is located at the time the remedial action plan is approved and that was
owned or controlled by any owner or operator of the underground storage tank or other
responsible party at the time the discharge or release of petroleum is discovered or reported or at
any time thereafter. No restriction on the current or future use of real property shall apply to any
portion of any parcel or tract of land on which contamination is not located. This subsection shall
not be construed to require any person to record any notice of restriction on the current or future
use of real property other than the real property described in this subsection. For purposes of this
subsection and G.S. 143B-279.11, the Secretary may restrict current or future use of real property
only as set out in any one or more of the following subdivisions:
(1) Where soil contamination will remain in excess of unrestricted use standards,
the property may be used for a primary or secondary residence, school,
daycare center, nursing home, playground, park, recreation area, or other
similar use only with the approval of the Department.
G.S. 143B-279.9 Page 1

(2) Where soil contamination will remain in excess of unrestricted use standards
and the property is used for a primary or secondary residence that was
constructed before the release of petroleum that resulted in the contamination
is discovered or reported, the Secretary may approve alternative restrictions
that are sufficient to reduce the risk of exposure to contaminated soils to an
acceptable level while allowing the real property to continue to be used for a
residence.
(3) Where groundwater contamination will remain in excess of unrestricted use
standards, installation or operation of any well usable as a source of water
shall be prohibited.
(4) Any restriction on the current or future use of the real property that is agreed
upon by both the owner of the real property and the Department.
With respect to sites contaminated by the discharge or release of petroleum from an
aboveground storage tank, or another petroleum source, from which contamination has migrated
to off -site properties, as that term is defined under G.S. 130A-310.65(3a), the imposition of
restrictions on the current or future use of real property on such a site shall only be allowed if the
Department has determined that the requirements of G.S.143-215.104AA or
G.S. 130A-310.73A, as applicable, have been satisfied for the site.
(c) This section does not alter any right, duty, obligation, or liability of any owner,
operator, or other responsible party under any other provision of law.
(d) As used in this section:
(1) "Unrestricted use standards" means generally applicable standards, guidance,
or established methods governing contaminants that are established by statute
or adopted, published, or implemented by the Environmental Management
Commission, the Commission for Public Health, or the Department. Cleanup
or remediation of real property to unrestricted use standards means that the
property is restored to a condition such that the property and any use that is
made of the property does not pose a danger or risk to public health, the
environment, or users of the property that is significantly greater than that
posed by use of the property prior to its having been contaminated.
(2) "Risk -based", when used in connection with cleanup, remediation, or similar
terms, means cleanup or remediation of contamination of real property to a
level that, although not in compliance with unrestricted use standards, does
not pose a significant danger or risk to public health, the environment, or users
of the real property so long as the property remains in the condition and is
used in a manner that is consistent with the assumptions as to the condition
and use of the property on which the determination that the level of risk is
acceptable is based. (1999-198, s. 1; 2000-51, s. 1; 2001-384, ss. 1, 12;
2002-90, s. 1; 2007-182, s. 2; 2017-209, s. 3(a); 2018-114, s. 18(a).)
G.S. 143B-279.9 Page 2

§ 143B-279.11. Recordation of residual petroleum from underground or aboveground
storage tanks or other sources.
(a) The definitions set out in G.S. 143-215.94A and G.S. 143B-279.9 apply to this
section. This section applies only to a cleanup pursuant to a remedial action plan that addresses
environmental damage resulting from a discharge or release of petroleum from an underground
storage tank pursuant to Part 2A of Article 21A of Chapter 143 of the General Statutes or from
an aboveground storage tank or other petroleum source pursuant to Part 7 of Article 21A of
Chapter 143 of the General Statutes.
(b) The owner, operator, or other person responsible for a discharge or release of
petroleum from an underground storage tank, aboveground storage tank, or other petroleum
source shall prepare and submit to the Department a proposed Notice that meets the requirements
of this section. The proposed Notice shall be submitted to the Department (i) before the property
is conveyed, or (ii) when the owner, operator, or other person responsible for the discharge or
release requests that the Department issue a determination that no further action is required under
the remedial action plan, whichever first occurs. The Notice shall be entitled "NOTICE OF
RESIDUAL PETROLEUM". The Notice shall include a description that would be sufficient as
a description in an instrument of conveyance of the (i) real property on which the source of
contamination is located and (ii) any real property on which contamination is located at the time
the remedial action plan is approved and that was owned or controlled by any owner or operator
of the underground storage tank, aboveground storage tank, or other petroleum source, or other
responsible party at the time the discharge or release of petroleum is discovered or reported or at
any time thereafter. The Notice shall identify the location of any residual petroleum known to
exist on the real property at the time the Notice is prepared. The Notice shall also identify the
location of any residual petroleum known, at the time the Notice is prepared, to exist on other
real property that is a result of the discharge or release. The Notice shall set out any restrictions
on the current or future use of the real property that are imposed by the Secretary pursuant to
G.S. 143B-279.9(b) to protect public health, the environment, or users of the property.
(c) If the contamination is located on more than one parcel or tract of land, the
Department may require that the owner, operator, or other person responsible for the discharge
or release prepare a composite map or plat that shows all parcels or tracts. If the contamination
is located on one parcel or tract of land, the owner, operator, or other person responsible for the
discharge or release may prepare a map or plat that shows the parcel but is not required to do so.
A map or plat shall be prepared and certified by a professional land surveyor, shall meet the
requirements of G.S. 47-30, and shall be submitted to the Department for approval. When the
Department has approved a map or plat, it shall be recorded in the office of the register of deeds
and shall be incorporated into the Notice by reference.
(d) The Department shall review the proposed Notice to determine whether the Notice
meets the requirements of this section and rules adopted to implement this section and shall
provide the owner, operator, or other person responsible for the discharge or release of petroleum
from an underground storage tank, aboveground storage tank, or other petroleum source with a
notarized copy of the approved Notice. After the Department approves the Notice, the owner,
operator, or other person responsible for the discharge or release of petroleum from an
underground storage tank, aboveground storage tank, or other petroleum source shall file a
notarized copy of the approved Notice in the register of deeds office in the county or counties in
which the real property is located (i) before the property is conveyed or (ii) within 30 days after
the owner, operator, or other person responsible for the discharge or release receives notice from
the Department that no further action is required under the remedial action plan, whichever first
occurs. If the owner, operator, or other person responsible for the discharge or release fails to file
the Notice as required by this section, any determination by the Department that no further action
is required is void. The owner, operator, or other person responsible for the discharge or release,
G.S. 14313-279.11 Page I

may record the Notice required by this section without the agreement of the owner of the real
property. The owner, operator, or other person responsible for the discharge or release shall
submit a certified copy of the Notice as filed in the register of deeds office to the Department.
(e) Repealed by Session Laws 2012-18, s. 1.23, effective July 1, 2012.
(f) In the event that the owner, operator, or other person responsible for the discharge or
release fails to submit and file the Notice required by this section within the time specified, the
Secretary may prepare and file the Notice. The costs thereof may be recovered by the Secretary
from any responsible party. In the event that an owner of the real property who is not a responsible
party submits and files the Notice required by this section, the owner may recover the reasonable
costs thereof from any responsible party.
(g) A Notice filed pursuant to this section shall, at the request of the owner of the real
property, be cancelled by the Secretary after the residual petroleum has been eliminated or
remediated to unrestricted use standards. If requested in writing by the owner of the land, the
Secretary shall send to the register of deeds of each county where the Notice is recorded a
statement that the residual petroleum has been eliminated, or that the residual petroleum has been
remediated to unrestricted use standards, and request that the Notice be cancelled of record. The
Secretary's statement shall contain the names of the owners of the land as shown in the Notice
and reference the plat book and page where the Notice is recorded.
(h) With respect to sites contaminated by the discharge or release of petroleum from an
aboveground storage tank, or another petroleum source, from which contamination has migrated
to off -site properties, as that term is defined under G.S. 130A-310.65(3a), the provisions of this
section shall only apply if the Department has determined that the requirements of
G.S. 143-215.104AA or G.S. 130A-310.73A, as applicable, have been satisfied for the site.
(2001-384, s. 3; 2002-90, ss. 3-5; 2012-18, s. 1.23; 2017-209, s. 3(b); 2018-114, s. 18(b).)
G.S. 143B-279.11 Page 2

A Brief History of North Carolina Session Laws, Rules, and General Statutes from 1979-2012 Relating to the Rights and
Obligations of Underground Storage Tank Owners, Operators, and Landowners Version 160115
Title 15A North Carolina Administrative Code (NCAC) 2L; "Classifications and Water Quality Standards Applicable
06/10/79
to Groundwaters ", adopted as 15A NCAC 2L .0100 and .0200, under North Carolina General Statute (GS) 143-214.1.
Groundwater quality policy, classifications, and standards were first established in these rules.
Session Law (SL) 1985-551 (Senate Bill (S)831); "Underground Storage Tank Regulation-2 ". This law required the
07/01/85
State to develop standards and regulations to prevent pollution from oil and hazardous substance underground storage
tanks (USTs) in response to the Federal Resource Conservation and Recovery Act (RCRA), including the Hazardous and
Solid Waste Amendments of 1984.
SL 1987-1035 (House Bill (H)1304); `Establish Leaking Tank Fund". This law amended GS 143, Article 21A, adding
06/30/88
Part 2A (GS 143-215.94A-M), titled "Leaking Petroleum Underground Storage Tank Cleanup ". It designated funding
and authority over the cleanup of environmental damage caused by leaking petroleum USTs, along with tank owner rights
and obligations.
12/22/88
Code of Federal Regulations 40 CFR 280.21 required that new UST installations meet certain criteria to help reduce
leaks and spills, and that old UST systems be upgraded by 12122198.
SL 1989-652 (H957); "Tank Cleanup Amendments ". This law amended GS 143, Article 21A, by supplementing Part 2A
07/15/89
(GS 143-215.94N), and creating Part 2B (GS 143-215.94T), titled "Underground Storage Tank Regulation ". Required the
Environmental Management Commission (EMC) adopt and the Department implement and enforce rules to regulate USTs
15A NCAC 2N; "Criteria and Standards Applicable to Underground Storage Tanks ", adopted as 15A NCAC 2N .0100-
01/01/91
.0800 using the authority in the General Statutes including SL1989-652. The 2N rules "establish[ed] the technical
standards and corrective action requirements for owners and operators of underground storage tank systems". The 2N
rules incorporate by reference the requirements under 40 CFR 280.10 to 280.74.
15A NCAC 2P; "Rules for the Administration of the Leaking Petroleum Underground Storage Tank Cleanup Funds
02/01/93
adopted as 15A NCAC 2P .0100-.0400, under the authority of the General Statues including SL1987-1035. Assigned the
Leaking Petroleum UST Cleanup Fund to reimburse reasonable costs incurred by owners, operators, and landowners in the
cleanup of contamination from leaking petroleum USTs.
SL 1995-377 (51012); "Underground Storage Tank Amends ". Revised Part 2A of GS 143 and added sections to Part 2B
(GS 143-215.94V, U, W, X, and Y). GS 143-215-94V directed a risk -based approach for the assessment and cleanup of
07/05/95
petroleum UST releases to the maximum extent possible. Site -specific characteristics are used to determine cleanup
standards maintaining an acceptable level of risk to human health and the environment. It excluded Cleanup Fund
reimbursement for additional work at a site if no cleanup (or no further cleanup) is necessary to address the risk at a site.
SL 1995-648 (51317); "Underground Storage Tank Amends `96". To promote Cleanup Fund solvency, sites were
required to be ranked (as class A, B, C, D, or E), primarily on the risk to groundwater supply wells using information
06/21/96
provided by the responsible party. All responsible parties were required to take immediate action to halt any ongoing
release, to address any fire, explosion, or vapor hazards, and to recover any free product found onsite. Cleanup was still
required at class A and B sites. Reimbursement was suspended for routine work at class C, D, or E sites from 07/21/96
until the risk -based rules required under GS 143-215.94V (SL 1995-377) were adopted (01102198 in 15A NCAC 2L .0115).
07121196
Temporary suspension of cleanup activities began at incident sites ranked C, D, and E, per SL 1995-648 above.
15A NCAC 2L .0115 (Temporary Adoption); "Risk Based Assessment and Corrective Action for Petroleum Underground
O1/02/98
Storage Tanks". Site risk reclassified to `High', `Intermediate', or `Low', to satisfy GS 143-215.94V and SL 1995-648.
The rule specified a risk -based approach to assessment and cleanup for petroleum UST releases. Reimbursement continued
for sites posing the greatest risk, and restricted for those sites posing less of a threat to human health or the environment.
SL 1998-161 (H1483); "Expedite Low -Risk Closures". Promoted the use of Cleanup Funds risk for reevaluations at older
sites and closure of `Low' risk incidents that predated the 15A NCAC 2L .0115. Allowed at -risk well owners to be
09/28/98
connected to alternate water supply systems as an eligible `cleanup' action. Modified GS 143-215.94E, starting
01/01/2009, to require formal preapproval of tasks as a reasonable and necessary cost to be eligible for Cleanup Fund
reimbursement. 15A NCAC 2L .0115 was made permanent as it satisfied the requirements of GS 143-215.94V.
12/22/98
Deadline under 40 CFR 280.21 for old UST systems to be upgraded to the current leak and spill reduction standards.

08/22/02
SL 2002-90 (H1575); "Clarify LUST Land -Use Restrictions/Deed Recordation". Revised GS 14313-279. Responsible
parties may record a Notice of Residual Petroleum at a release site without requiring agreement by the current landowner.
SL 2003-352 (H897); "Underground Storage Tank Program Amendments" Modified GS 143-215.94 to reimburse only the
most cost-effective cleanup option to promote Cleanup Fund solvency. Required that the Department implement a priority
07/27/03
schedule for cleanup and assessment based on site risk and Commercial Fund balance. Following the initial release
response and the subsequent risk classification, Fund eligible incidents that were not on the priority schedule could remain
inactive without violation or penalty. Non -priority site claims would be reimbursable after all priority scheduled sites were
addressed. Allowed the EMC to revise the 15A NCACA 2L .0115 test requirements without a formal `finding of need'.
Section 10 of SL 2003-352 implemented by the Department via public memorandum dated 10121103. The priority
schedule presented in this memo stated that, after the risk classification was determined (typically during the Limited Site
Assessment (LSA)), responsible parties for Cleanup Fund eligible sites would be directed as described below:
1) `High' risk UST incidents — continue assessment and cleanup of soil and/or groundwater as directed;
10/21/03
2) "Low" and "Intermediate" risk UST incidents — continue to remove or remediate only the source of contamination
(soil or free product greater that'/a inch in thickness) to the appropriate risk -based levels, as directed; and
3) `Intermediate' risk UST incidents — suspend further assessment, monitoring, or cleanup of contaminated
groundwater or of free product (if present but less than '/a inch in thickness) until directed, unless the responsible
party agrees that such non -priority efforts would be reimbursed after all higher -priority claims were paid.
SL 2004-124 (H1414); "2004 Appropriations Act". Section 30.10, titled "Leaking Underground Storage Tanks Cleanup
Funds Solvency", allocated additional funding and extended the priority schedule to Noncommercial Fund incidents. As
the Cleanup Fund balances fluctuated, the risk priority schedule for each would also be routinely adjusted based upon a 90-
07/20/04
day projection. Preapproval was used to define work as either high -priority ("Directed") or not ("Non -Directed") based
upon the prioritization schedule at the time of the request. Non -priority (Non -Directed) work would only be preapproved if
the Responsible Party voluntarily agreed to the reimbursement of all higher -priority sites first. Emergency response actions
were considered to be highest priority ("Directed") regardless of other factors.
Section 30 of SL 2004-124 implemented by the Department via public memorandum dated 09114104. The Cleanup Fund
priority schedule revisions presented in this memo state that:
1) Initial release response and initial risk assessment (typically the LSA) was required without needing preapproval;
10/01/04
2) After 10/1/04, all work after the risk assessment would require preapproval to be eligible for reimbursement; and
3) After 10/01/04, the Department would use Notices of Regulatory Requirements to direct the post-LSA assessment
and cleanup activities according to a schedule based on the site risk and ranking in relation to other sites, as well
as the applicable Cleanup Fund balance.
SL 2005-365 (H1385); "Underground Storage Tank Amendments". The law made permanent the risk prioritization
schedule described in SL 2003-352 and SL 2004-12 and clarified/reorganized GS 143-215.94E regarding the rights and
09/08/05
obligations of UST owners and operators. The owner/operator of a Cleanup Fund eligible site was directed to take initial
release response actions and perform an initial risk assessment (the LSA). All subsequent work would be directed under a
schedule giving priority to those incidents posing the highest risk, including consideration of the current Fund balances.
12/01/05
15A NCAC 2L .0400, the UST risk -based rule, was modified and re -codified from 2L .0115, implementing the
requirements in SL 2003-352 to reduce costs by modifying sampling and testing requirements.
09/01/06
15A NCAC 2T; "Waste Not Discharged to Surface Waters ", adopted as 15A NCAC 2T .0100-.1600, under GS 143.215.1
and 143.215.3. This rule included the minimum requirements for contaminated soil treatment and containment systems.
SL 2008-195 (H2498); Underground Storage Tank Program Amendments 2008 ". Defined statutes of limitations on cost
08/08/08
recovery by the State for improper Cleanup Fund payments, required secondary containment for all components of a UST
system, assigned Cleanup Funds for free product recovery regardless of the prioritization schedule, and, starting 01/01/09,
increased annual UST permit fees and instituted a one year statute of limitations on claiming potentially eligible costs.
SL 2010-154 (S1337); Amended GS 143, Article 21A, adding Part 2D, titled "UST Operator Training Program ". The
07/22/10
law established training requirements for operators of regulated UST systems to comply with the federal Energy Policy Act
of 2005. Amended GS 143-215.94E(c) and (cl) to remove the landowner deductible for the Noncommercial Fund.
07/01/11
SL 2011-145 (H200); "Appropriations Act of 2011". Section 28.25A removed the inspection tax contributions to the
Commercial and Noncommercial Leaking Petroleum Underground Storage Tank Funds.

SL 2011-394 (H119); "Amend Environmental Laws". This law revised GS 143-215.94 as follows: Commercial Fund
coverage was granted to directed leak detection investigations (unless required by statute or rule); A responsible party for a
release commingled with an orphaned UST release would not have additional deductible costs; A portion of each State
07/01 / 1 1
Cleanup Fund was set aside for financial hardship cases; Annual UST permit fees may be paid quarterly; The secondary
containment of repaired UST components was clarified; Corrosion protection could be added to existing non -tank metallic
components (versus replacement) if there was no evidence of corrosion or leaks; Risk assignments based on a distance to a
drinking water well must be based on the likelihood that the well will be affected; Setback variances were allowed for
USTs near certain public water supply wells; and Steel USTs with cathodic protection were approved for use.
01/01/12
Part II. CONTESTED CASES, Sections 15 — 55, of SL 2011-398 (S781); "Regulatory Reform Act of 2011". Outside of
EPA programs, OAH decisions no longer return to DEQ or EMC for final decision (subject to appeal to superior court).
06/12/13
SL 2013-108 (H789); "USTs Eligible for Brownfields". Removed the brownfields exclusion for leaking petroleum USTs.
07/01/13
SL 2013-360 (S402); "Appropriations Act of 2013". Added a $1000 +10% / $2000 maximum deductible for claims
against the Noncommercial Fund.
09/18/15
Section 14.16B of SL 2015-241 (H97); "Appropriations Act of 2015". Initial abatement of noncommercial UST releases
is not required, except in extreme cases. No further actions (including soil remediation) are necessary at low risk sites.
09/30/15
SL 2015-263 (S513); "North Carolina Farm Act of 2015". Defines who is a "Third Party" for evaluating injury or property
damage from a Fund -eligible UST release. Outlines how third -party settlements may be eligible for reimbursement.
Section 14.16A of SL 2015-241 (H97); "Appropriations Act of 2015". This section sunsets the Noncommercial Leaking
10/01/15
Petroleum Underground Storage Tank Cleanup Fund. Noncommercial releases reported to the Department on or after
October 1, 2015 are not eligible. All claims for eligible Noncommercial releases must be filed prior to July 1, 2016.
10/22/15
SL 2015-286 (H765); "Regulatory Reform Act of 2015". Directs the implementation of a risk -based cleanup approach for
petroleum releases from aboveground storage tanks and other sources.

Beverly, Trudy
From: Beverly, Trudy
Sent: Friday, November 1, 2019 3:43 PM
To: 'Douglas Pierotti'
Cc: Box, Gordon H; 'Caldwell, Shawna'; 'Morris, Brett L.'; 'David Graham'; 'Matt
Bramblett'
Subject: Charlotte Gateway Station & Track - Incident #40880 — Notice of Regulatory
Requirements
Attachments: MO-9443_40880_G_NORR_20191101_Notice of Regulatory Requirements.pdf
Please see the attached Notice of Regulatory Requirements for Charlotte Gateway Station & Track located at
518 W 4th Street, Charlotte, Mecklenburg County, North Carolina (Incident #40880).
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
D North Carolina Department of Environmental Quality
�paiiwe�s0 �M&Qudit EQ
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. B everly_gncdenr. gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Office Mailing Address:
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Branch's Underground Storage Tanks Website Address: hops://deg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: https://deq.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://dea.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans
File Review Procedures:
https://dea.nc. eov/about/divisions/waste-manaeement/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hopsdoCs. deq.nC. gov/WasteManagement/Search.aspx
Document Submittal & UST File Names for Laserfiche Policies:
htips:Hfiles.nc. gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf
hops://files.nc.gov/ncdeq/Waste%2OManagement/DWMfUST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx