MO-9346_40801_G_C_20180329_Conditional No Further Action Letter

Waste Management
ENVIRONMENTAL QUALITY
March 29, 2018
100 Ranson/302 Old Statesville, LLC
2 Joan Drive
Chappaqua, New York 10514
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action for
Petroleum Underground Storage Tanks Session Law
2015-241 -Noncommercial Incidents
100 Ranson Street Property
100 Ranson Street
Mecklenburg County
Incident Number: 40801
Risk Classification: Low
Dear Sir or Madam:
The Initial Abatement Action Report received by the UST Section, Division of Waste Management,
Mooresville Regional Office on March 22, 2018 has been reviewed. Based on information reported to date the
subject incident meets the cleanup requirements for a low -risk noncommercial site under Title 15A NCAC
2L .0400, as modified by Session Law 2015-241, but contamination may exceed the limits allowed for
unrestricted closure of a site.
The UST Section determines the subject incident to be eligible conditionally for no further action
status. However, final approval of no further action status is contingent on the filing of the approved NRP
(attached) with the Register of Deeds in the county in which the release is located, verified by the receipt of a
certified copy of the filed NRP by this office; and on receipt of confirmation that public notice requirements
have been completed, as described in the following paragraphs.
This determination shall apply unless the UST Section later finds that the discharge or release poses
an unacceptable risk or a potentially unacceptable risk to human health or the environment. Pursuant to Title
15A NCAC 2L .0407(a) you have a continuing obligation to notify the Department of. Environmental Quality
of any changes that might affect the risk or land use classifications that have been assigned.
Be advised that as soil contamination exceeds the residential MSCCs, the property containing the soil
contamination is suitable only for restricted residential use ("residential" being inclusive of, but not limited to,
private houses, apartment complexes, schools, nursing homes, parks, recreation areas and day care centers), as
stipulated in the Notice of Residual Petroleum.
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

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As soil contamination exceeds the residential MSCCs, pursuant to NCGS 14313-279.9 and 14313-
279.11, you must file the approved Notice of Residual Petroleum (attached) with the Register of Deeds in the
county in which the release is located and submit a certified copy to the UST Section within 30 days of receipt
of this letter.
As soil contamination exceeds the lower of the residential or soil -to -groundwater MSCCs, public
notice in accordance with 15A NCAC 2L .0409(b) would need to be completed for the No Further Action
determination to be valid. Thus, a copy of this letter would need to be provided by certified mail, or by posting
in a prominent place, if certified mail is impractical, to the local health director, the chief administrative officer
of each political jurisdiction in which the contamination occurs, all property owners and occupants within or
contiguous to the area containing contamination, and all property owners and occupants within or contiguous
to the area where the contamination is expected to migrate. Furthermore, this office would need to be provided
with proof of receipt of the copy of the letter or of refusal by the addressee to accept delivery of the copy of the
letter or with a description of the manner in which the letter was posted. Please submit proof of public notice
to the Mooresville Regional Office, UST Section within 60 days from the date of this Notice. Interested
parties may examine the incident file by contacting this regional office and may submit comments on the site
to the regional office at the address or telephone number listed below
This conditional No Further Action determination will not become valid until the UST Section
receives a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds
and until public notice requirements are completed.
If you have any questions regarding this notice, please contact me at [phone] or by the address
for the Mooresville Regional Office listed below.
Sincerely,
�Bi•�rrrs
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Notice of Residual Petroleum (Original Notice Picked up By Stephen Brown)
cc: Stephen Brown — EI Group
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 6631.699