MO-9541_40974_G_NORR_20200129_Notice of Regulatory Requirements

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Margaret Tilley
P.O. Box 190
Mount Airy, NC 27030
Dear Ms. Tilley:
NORTH CAROLINA
Environmental Quality
January 29, 2020
Re: Notice of Regulatory Requirements
15A NCAC 2L .0404 and 2L .0405
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Tilley Property
3520 Draper Avenue, Charlotte
Mecklenburg County
Incident Number: 40974
Risk Classification: Unknown
The Underground Storage Tank Inspection Report received by the Underground Storage
Tank (UST) Section, Division of Waste Management, Mooresville Regional Office on March 28,
2018 confirms a release or discharge from a petroleum underground storage tank (UST) system at the
above -referenced location. Records indicate that you are the owner or operator of this UST system.
Therefore, as a responsible party, you must comply with the initial response and abatement action
requirements of Title 15A NCAC 2L .0404 and, if applicable, the assessment and reporting
requirements of Title 15A NCAC 2L .0405, within the timeframes specified in the attached rules.
(Be aware that if the latter rule is applicable, you must comply with its requirements even if you do
not receive formal notification from the UST Section.)
Initial abatement action requirements include the preparation and submittal of an Initial
Abatement Action (IAA) Report, in accordance with Title 15A NCAC 2L .0404 and the most recent
version of the Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for
UST Releases, within 21 days of discovery of the release. UST guidance documents can be found at
the following website https://deq.nc.gov/about/divisions/waste-management/ust/corrective-action.
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
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

submitted to the Department of Environmental Quality in accordance with Title 15A NCAC
2L .0103(e) and 2L .01 I l(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 Residual Petroleum ("Notice") with the Register of Deeds in the county where the property is
located (NCGS 14313-279.9 and 14313-279.11).
Failure to comply with this letter is a violation of North Carolina law and may result in the
assessment of civil penalties and/or the use of other enforcement mechanisms available to the state.
If you have any questions regarding the actions or the rules mentioned in this letter, please contact
me by email at Trudy.Beverly(,ncdenr.gov or telephone at [phone].
Sincerely,
k-� �
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosures: Title 15A NCAC 2L .0404 and 2L .0405
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater
& Wastewater Services (via email)
MKD Construction Consultants, LLC, 1697 Dogwood Hill Drive, Denver, NC 28037
John Nicholas Irmen IV, 3520 Draper Avenue, Charlotte, NC 28205
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
704.663.1699

TITLE 15A NCAC 02L .0404 AND 15A NCAC 02L .0405
15A NCAC 02L .0404 REQUIRED INITIAL ABATEMENT ACTIONS BY RESPONSIBLE PARTY
A responsible party shall:
(1) take immediate action to prevent any further discharge or release of petroleum from the underground
storage tank; identify and mitigate any fire, explosion or vapor hazard; remove any free product; and
comply with the requirements of Rules .0601 through .0604 and .0701 through .0703 and .0705 of
Subchapter 02N;
(2) incorporate the requirements of 15A NCAC 02N .0704 into the submittal required under Item (3) of this
Paragraph or the limited site assessment report required under 15A NCAC 02L .0405 of this Section,
whichever is applicable. Such submittals shall constitute compliance with the reporting requirements of
15A NCAC 02N .0704(b);
(3) submit within 90 days of the discovery of the discharge or release a soil contamination report containing
information sufficient to show that remaining unsaturated soil in the side walls and at the base of the
excavation does not contain contaminant levels which exceed either the "soil -to -groundwater" or the
residential maximum soil contaminant concentrations established by the Department pursuant to 15A
NCAC 02L .0411 of this Section, whichever is lower. If such showing is made, the discharge or release
shall be classified as low risk by the Department;
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,-
143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L. 01 15(c)(1)-(3);
Amended Eff. December], 2005.
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,-
143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1;
Recodified from 15A NCAC 02L. 01 15(c) (4);
Amended Eff. December 1, 2005.

Beverly, Trudy
From: Beverly, Trudy
Sent: Wednesday, January 29, 2020 3:12 PM
To: Caldwell, Shawna; Morris, Brett L.
Subject: Tilley Property - Incident #40974 — Notice of Regulatory Requirements
Attachments: MO-9541_40974_G_NORR_20200129_Notice of Regulatory Requirements.pdf
Please see the attached Notice of Regulatory Requirements for Tilley Property located at 3520 Draper Avenue,
Charlotte, Mecklenburg County, North Carolina (Incident #40974).
Trudy
Trudy Beverly, L.G.
D�. E Hydrogeologist, Division of Waste Management
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