MO-9515_40952_G_NORR_20191113_Notice of Regulatory Requirements

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Brian Hicks
6825 Old Forge Drive
Charlotte, NC 28226
Dear Mr. Hicks:
NORTH CAROLINA
Environmental Quality
November 13, 2019
Re: Notice of Regulatory Requirements
15A NCAC 2L .0405
Risk -based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Brian Hicks Property
10232 Glenmac Road, Charlotte
Mecklenburg County
Incident Number: 40952
Risk Classification: High
The 24-Hour Release and UST Leak Reporting Form received by the UST Section, Division
of Waste Management, Mooresville Regional Office on October 25, 2019 has been reviewed along
with water supply well discussion emails with Cedar Rock Environmental. The review indicates soil
contamination is present on the property, groundwater was not sampled, and water supply well(s) are
located within 150 feet of the release. The incident is classified as high risk and currently does not
meet the requirements for closure. Sites must meet low risk classification for closure. This would
require abandoning all water supply wells within 150 feet of the release or removing the underground
storage tank and associated contaminated soil to below soil to groundwater maximum soil
contaminant concentrations. Groundwater would need to be sampled and demonstrated to be below
the state's 2L groundwater standards if encountered during tank removal and soil excavation.
If the risk level of the site is not reduced to low and the site closed, the UST Section confirms
that you must comply with assessment and reporting requirements of Title 15A NCAC 2L .0405,
within the timeframes specified in the attached rule. The requirements of Title 15A NCAC 2L .0405
include the preparation and submittal of a Limited Site Assessment (LSA) Report, in accordance with
the rule and the most recent version of the Guidelines for Assessment and Corrective Action for UST
Releases, within 120 days of discovery of the release. Water supply wells within 150 feet of the
release shall be sampled and analyzed for EPA 8260B, EPA 8270D, MADEP VPH and MADEP
EPH and the results submitted to the UST section for review. If the results are below the State of
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

North Carolina's 2L standards, the wells will be required to be sampled yearly thereafter with results
submitted to the UST section for review until the wells are abandoned or the site qualifies for
closure. If groundwater contaminant concentrations in the wells ever exceed the 2L standards, well
use must be stopped, the well abandoned, or moved to a distance greater than 150 feet of the release,
or the Responsible Party (RP) must pursue remedial actions. The current owner of the property may
be held responsible for assessment and remedial actions should the RP no longer be viable.
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 of Environmental Quality in accordance with .0103(e) and 2L .0111(b).
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 Contaminated Site ("Notice") plat and declaration with the Register of Deeds in the county where
the property is located (NCGS 14313-279.9 and 14313-279.10).
Failure to comply with the State's rules in the manner and time specified may result in
the assessment of civil penalties and/or the use of other enforcement mechanisms.
If you have any questions regarding the actions that must be taken or the rules mentioned in
this letter please contact me by email at Trudy.Beverlykncdenr. _ og_v or telephone at [phone].
Sincerely,
6 '41 Awl
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachments: Title 15A NCAC 2L .0405
A Brief History of North Carolina Session Laws, Rules, and General Statutes...
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater
& Wastewater Services (via email)
Robert Payne, Cedar Rock Environmental (via email)
pannwY*�` n�ia.nama aal�
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
704.663.1644

TITLE 15A NCAC 02L .0405
15A NCAC 02L .0405 REQUIREMENTS FOR LIMITED SITE ASSESSMENT
If the required showing cannot be made under 15A NCAC 02L .0404 of this Section, submit within 120 days of the
discovery of the discharge or release, or within such other greater time limit approved by the Department, a report
containing information needed by the Department to classify the level of risk to human health and the environment posed
by a discharge or release under 15A NCAC 02L .0406 of this Section. Such report shall include, at a minimum:
(1) a location map, based on a USGS topographic map, showing the radius of 1500 feet from the source area
of a confirmed release or discharge and depicting all water supply wells and, surface waters and
designated wellhead protection areas as defined in 42 U.S.C. 300h-7(e) within the 1500-foot radius. For
purposes of this Section, source area means point of release or discharge from the underground storage
tank system;
(2) a determination of whether the source area of the discharge or release is within a designated wellhead
protection area as defined in 42 U.S.C. 300h-7(e);
(3) if the discharge or release is in the Coastal Plain physiographic region as designated on a map entitled
"Geology of North Carolina" published by the Department in 1985, a determination of whether the source
area of the discharge or release is located in an area in which there is recharge to an unconfined or semi -
confined deeper aquifer which is being used or may be used as a source of drinking water;
(4) a determination of whether vapors from the discharge or release pose a threat of explosion due to the
accumulation of vapors in a confined space or pose any other serious threat to public health, public safety
or the environment;
(5) scaled site map(s) showing the location of the following which are on or adjacent to the property where
the source is located: site boundaries, roads, buildings, basements, floor and storm drains, subsurface
utilities, septic tanks and leach fields, underground storage tank systems, monitoring wells, borings and
the sampling points;
(6) the results from a limited site assessment which shall include:
(a) the analytical results from soil samples collected during the construction of a monitoring well
installed in the source area of each confirmed discharge or release from a noncommercial or
commercial underground storage tank and either the analytical results of a groundwater sample
collected from the well or, if free product is present in the well, the amount of free product in the
well. The soil samples shall be collected every five feet in the unsaturated zone unless a water
table is encountered at or greater than a depth of 25 feet from land surface in which case soil
samples shall be collected every 10 feet in the unsaturated zone. The soil samples shall be
collected from suspected worst -case locations exhibiting visible contamination or elevated levels
of volatile organic compounds in the borehole;
(b) if any constituent in the groundwater sample from the source area monitoring well installed in
accordance with Sub -item (a) of this Item, for a site meeting the high risk classification in 15A
NCAC 02L .0406(1), exceeds the standards or interim standards established in 15A NCAC 02L
.0202 by a factor of 10 and is a discharge or release from a commercial underground storage
tank, the analytical results from a groundwater sample collected from each of three additional
monitoring wells or, if free product is present in any of the wells, the amount of free product in
such well. The three additional monitoring wells shall be installed as follows: as best as can be
determined, one upgradient of the source of contamination and two downgradient of the source
of contamination. The monitoring wells installed upgradient and downgradient of the source of
contamination must be located such that groundwater flow direction can be determined; and
(c) potentiometric data from all required wells;
(7) the availability of public water supplies and the identification of properties served by the public water
supplies within 1500 feet of the source area of a confirmed discharge or release;
(8) the land use, including zoning if applicable, within 1500 feet of the source area of a confirmed discharge
or release;
(9) a discussion of site specific conditions or possible actions which could result in lowering the risk
classification assigned to the release. Such discussion shall be based on information known or required to
be obtained under this Paragraph; and

(10) names and current addresses of all owners and operators of the underground storage tank systems for
which a discharge or release is confirmed, the owner(s) of the land upon which such systems are located,
and all potentially affected real property owners. When considering a request from a responsible party
for additional time to submit the report, the Division shall consider the extent to which the request for
additional time is due to factors outside of the control of the responsible party, the previous history of the
person submitting the report in complying with deadlines established under the Commission's rules, the
technical complications associated with assessing the extent of contamination at the site or identifying
potential receptors, and the necessity for immediate action to eliminate an imminent threat to public
health or the environment.
History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E, 143-215.94T,• 143-215.94V,-
143E-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L .0115(c)(4);
Amended Eff. December 1, 2005.

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: Wednesday, November 13, 2019 11:01 AM
To: Caldwell, Shawna; Morris, Brett L.; Robert Payne
Subject: Brian Hicks Property - Incident #40952 — Notice of Regulatory Requirements
Attachments: MO-9515_40952_G_20191113_Notice of Regulatory Requirements.pdf
Please see the attached Notice of Regulatory Requirements letter for Brian Hicks Property located at 10232
Glenmac Road, Charlotte, Mecklenburg County, North Carolina (Incident #40952).
Trudy
Trudy Beverly, L.G.
D- � I E Q, Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. B everlykncdenr. 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: ht_pt s://deg.nc.gov/about/divisions/waste-management/ust
Branch's Above Ground Storage Tanks Website Address: httns://deg.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://dca.nc.gov/about divisions/wastc-managcmcnUwaste-management-rules-data/waste-manaeement-gis-mans
File Review Procedures:
httns://dea.nc.gov/about/divisions/wastc-mana2cmcnt/tist/file-review-nrocedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
hopsedocs.deq.nc. gov/WasteManagement/Search.aspxx
Document Submittal & UST File Names for Laserfiche Policies:
hops://files.nc. gov/ncdeq/W aste%2OMana,gement/D WM/UST/Corrective%2OAction/Electronic%2ODocument%2OSubmittal%2OMemo%2OUpdate.pdf
https:Hfiles.nc. gov/ncdeq/Waste%2OManagement/DViM/UST/Corrective%2OAction/UST%20file%20namcs%20for%2OLaserfiche.docx