MO-9540_40972_G_C_20200127_Conditional No Further Action Letter

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
January 27, 2020
George Linville
1729 Parson Street,
Charlotte, NC 28205
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
George Linville Property
800 Mohigan Street, Charlotte
Mecklenburg County
Incident Number: 40972
Risk Classification: Low
Dear Mr. Linville:
A review of information on file with the Underground Storage Tank (UST) Section, Division of
Waste Management, Mooresville Regional Office indicates that soil and groundwater contamination meet
the cleanup requirements for a low -risk release under Title 15A NCAC 2L .0202 and .0400, but
contamination exceeds the limits allowed for the unrestricted use of a site where closed under risk -based
cleanup standards.
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 Notice
of Residual Petroleum 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 (received January 24, 2020); and receipt of
confirmation that public notice requirements have been completed, as described below.
Be advised that as soil contamination may exceed 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 Contaminated Site (attached). Groundwater from the site is
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

prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated on
the site.
As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and
14313-279.11, you must file the approved plat and declaration for a Notice of Residual Petroleum 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 (received January 24, 2020).
As soil contamination may exceed the lower of the residential or soil -to -groundwater MSCCs,
public notice in accordance with 15A NCAC 2L .0409(b) also is required. Within 30 days of receipt of this
letter, a copy of this letter must be provided by certified mail (or otherwise be made available 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.
Within 60 days of receiving this letter, this regional office must be provided with correspondence
documentation showing that each party included in the listing above either received or affirmatively refused
to accept delivery of the copy of the letter, and/or documentation describing the manner in which the letter
was publicly posted, where applicable. Interested parties may examine information on file for this site by
contacting this regional office and may submit comments about 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 [e-mail]
or [phone].
Sincerely,
64�
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Robert Payne, Cedar Rock Environmental (via email)
Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater &
Wastewater Services (via email)
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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

Beverly, Trudy
From: Beverly, Trudy
Sent: Monday, January 27, 2020 10:05 AM
To: Bob Payne; Morris, Brett L.; Caldwell, Shawna
Subject: George Linville Property - Incident #40972 - Conditional No Further Action
Attachments: MO-9540_40972_G_C_20200127_Conditional No Further Action Letter.pdf
Please see the attached Conditional No Further Action letter for George Linville Property located at 800 Mohigan
Street, Charlotte, Mecklenburg County, North Carolina (Incident #40972).
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
�D�.E North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
menc,i 4ua�
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: ht!ps:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-program
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
https://dea.nc.Lov/about/divisioil shvastc-manaecmcnt waste-manaecment-rules-data/waste-manaeement-eis-mans
File Review Procedures:
https://deq.nc.goN,/about/divisionshvastc-manacemcntlust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
bitps://deq.nc.gov/about/divisions/waste-manaizement/laserfiche
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
https:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/ JST/Corrective%2OAction/UST°/a20file%20names%20for°/`2OLaserfiche.docx