MO-88778_95759_G_NORR_20200428_Notice of Regulatory Requirements

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Wayne Brothers
Attn: Alan Goodman
357 Concrescere Parkway,
Davidson, NC 28036
(via email)
Dear Mr. Goodman:
NORTH CAROLINA
Environmental Quality
April 28, 2020
Re: Notice of Regulatory Requirements
15A NCAC 2L .0504 and 2L .0505
Risk -based Assessment and Corrective Action
for Petroleum Aboveground Storage Tanks
and Spills
Concrescere One
10900 Sudbury Road, Davidson
Cabarrus County
Incident Number: 95759
Risk Classification: Unknown
Information received by this regional office of the Underground Storage Tank Section (UST
Section), Division of Waste Management, on April 23, 2020, confirms a release or discharge of
petroleum at the above -referenced location. Furthermore, this office has determined that you are the
responsible party for the assessment and cleanup of the release or discharge.
As the responsible party, you must comply with the initial response and abatement action
requirements of the Title 15A of the North Carolina Administrative Code (NCAC), Subchapter 2L
.0504 and, if applicable, the assessment and reporting requirements of Title 15A NCAC 2L .0505,
within the timeframes specified in the attached rules. (Be aware that if Title 15A NCAC 2L .0505 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
Assessment Report (IAR), in accordance with Title 15A NCAC 2L .0504 and the most recent version
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

of the Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for Non -UST
Petroleum Releases, within 90 days of discovery of the release.
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 Title 15A NCAC 2L
.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 or Notice of Residual Petroleum with the Register of Deeds in the county where the
property is located (North Carolina General Statutes 14313-279.9, and 14313-279.10 or 14313-279.11).
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 at the address or telephone number listed below.
If you have any questions regarding this notice, please contact me by email at
Trudy. Beverlykncdenr. -og_v or by telephone at [phone].
Sincerely,
16-�qL &"�
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosures: Title 15A NCAC 2L .0504 and 2L .0505
cc: Mike Downs, Cabarrus County Manager (via email)
Chrystal Swinger, Cabarrus County Environmental Health (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
704.663.1699

Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, April 28, 2020 11:36 AM
To: Alan Goodman
Cc: Mike Downs; Chrystal Swinger
Subject: Concrescere One - Incident #95759 — Notice of Regulatory Requirements
Attachments: MO-88778_95759_G_NORR_20200428_Notice of Regulatory Requirements.pdf
Please see the attached Notice of Regulatory Requirements letter for Concrescere One located at 10900 Sudbury Road,
Davidson, Cabarrus County, North Carolina (Incident #95759).
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
- mt � UST Section, Mooresville Regional Office
���� 704.235.2182 (Office)
Trudy. B everly(ib ricdenr. 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: hitps://deq.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-proeram
INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES:
httns://deu.nc. gov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans
File Review Procedures:
htips:Hdeq.nc. gov/about/divisions/waste-manaaement/ust/file-review-procedures#mooresville-regional-office
ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche):
https://deq.nc.gov/about/divisions/waste-management/laserfiche
Document Submittal & UST File Names for Laserfiche Policies:
https:Hflles.nc.gov/ncdeg[Waste%20Manatiement/DWM/UST[WhatsNew/Final-Electronic-Document-Submittal-Policv.pdf
https:Hfiles.nc.gov/ncdeq/Waste%20Management/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx

SUBCHAPTER 2L - GROUNDWATER CLASSIFICATION AND STANDARDS
SECTION .0500 — RISK -BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM
RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES
15A NCAC 02L .0504 REQUIRED INITIAL RESPONSE AND ABATEMENT ACTIONS BY
RESPONSIBLE PARTY
A responsible party shall:
(1) take actions to prevent any further discharge or release of petroleum from the non -UST petroleum
source; identify and mitigate any fire, explosion, or vapor hazard; and report the release within 24
hours of discovery, in compliance with G.S. 143-215.83(a), 84(a), and 85(b);
(2) perform initial abatement actions to measure for the presence of a release where contamination is
most likely to be present and to confirm the precise source of the release; to investigate to
determine the possible presence of free product and to begin free product removal; and to continue
to monitor and mitigate any additional fire, explosion, or vapor hazards posed by vapors or by free
product; and submit a report to the Department of Environmental Quality, UST Section, Regional
Office Supervisor in accordance with 15A NCAC 02B .0309 and .0311, within 20 days after
release confirmation summarizing these initial abatement actions;
(3) remove contaminated soil that would act as continuing source of contamination to groundwater.
For a new release, no further action shall be necessary where:
(a) initial abatement actions involving control and removal of contaminated materials are
initiated within 48 hours from discovery and before contaminated materials begin to
impact groundwater; and
(b) analysis, in accordance with the approved methods in Rule .0412 of this Subchapter, of
representative samples of remaining soils shows concentrations:
(i) at or below the more stringent of the soil -to -groundwater concentration value
and the residential maximum soil contamination concentration value, or
(ii) using other EPA approved analytical methods in accordance with Rule
.0412(b)(7) of this Subchapter concentration values below the more stringent of
the soil -to -groundwater concentration alkane and aromatic carbon fraction class
values and the residential maximum soil contamination concentration alkane and
aromatic carbon fraction class values,
Provided that, for new releases, if the abatement actions cannot be initiated within 48 hours of discovery, or if soil
concentrations remain above the values in this Paragraph, the responsible parry shall conduct all activities under
Items (1) through (5) of this Rule;
(4) conduct initial site assessment, assembling information about the site and the nature of the release,
including the following:
(a) site history and site characterization, including data on nature and estimated quantity of
release and data from available sources and site investigations concerning surrounding
populations, water quality, use, and approximate locations of wells, surface water bodies,
and subsurface structures potentially effected by the release, subsurface soil conditions,
locations of subsurface utilities, climatological conditions, and landuse;
(b) results of free product investigations and free product removal, if applicable;
(c) results of groundwater and surface water investigations, if applicable;
(d) summary of initial response and abatement actions; and submit this information in the
report required under Item (5) of this Rule; and
(5) submit as required in Item (2) of this Rule, within 90 days of the discovery of the discharge or
release an initial assessment and abatement report containing the site characterization information
required in Item (4) of this Rule; soil assessment 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 Rule .0511 of this Section, whichever is
lower; and documentation to show that neither bedrock nor groundwater was encountered in the

excavation (or if groundwater was encountered, that contaminant concentrations in groundwater
were equal to or less than the groundwater quality standards established in Rule .0202 of this
Subchapter). If such showing is made, the discharge or release shall be classified as low risk by
the Department.
History Note: Authority G.S. 143-215.3(a)(1); 143B-282; 143-215.84; 143-215.104AA;
Eff. March 1, 2016.
15A NCAC 02L .0505 REQUIREMENTS FOR LIMITED SITE ASSESSMENT
If the required showing cannot be made by the responsible party under Rule .0504 of this Section, the responsible
party shall submit within 120 days of the discovery of the discharge or release, a report as required in Rule .0504 of
this Section, 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 Rule .0506 of this Section. The responsible party may request an
extension prior to the deadline that demonstrates to the Department that the extension would not increase the risk
posed by the release. Such report shall include the following:
(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, surface
waters, and designated "wellhead protection areas" as defined in 42 U.S.C. 300h-7(e) within the
1500-foot radius. 42 U.S.C. 300h-7(e), is incorporated by reference including subsequent
amendments and editions. Copies may be obtained at no cost from the U.S. Government
Bookstore's website at http://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/html/USCODE-
2010-title42-chap6A-subchapXII-partC-sec300h-7.htm. The material is available for inspection at
the Department of Environmental Quality, UST Section, 217 West Jones Street, Raleigh, NC
27603. For purposes of this Section," source area" means point of release or discharge from the
non -UST petroleum source, or if the point of release cannot be determined precisely, "source area"
means the area of highest contaminant concentrations;
(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 that 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; pose a risk to public health from exposure; 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 that are on or adjacent to the property
where the source is located:
(a) site boundaries;
(b) roads;
(c) buildings;
(d) basements;
(e) floor and storm drains;
(f) subsurface utilities;
(g) septic tanks and leach fields;
(h) underground and aboveground storage tank systems;
(i) monitoring wells;
0) water supply wells;
(k) surface water bodies and other drainage features;
(1) borings; and
(k) the sampling points;
(6) the results from a limited site assessment that shall include the following actions:
(a) determine the presence, the lateral and vertical extent, and the maximum concentration
levels of soil and, if possible, groundwater contamination and free product
accumulations;

(b) install monitoring wells constructed in accordance with 15A NCAC 02C .0108, within
the area of maximum soil or groundwater contamination to determine the groundwater
flow direction and maximum concentrations of dissolved groundwater contaminants or
accumulations of free product. During well construction, the responsible party shall
collect and analyze soil samples that represent the suspected highest contaminant -level
locations by exhibiting visible contamination or elevated levels of volatile organic
compounds, from successive locations at five-foot depth intervals in the boreholes of
each monitoring well within the unsaturated zone; collect potentiometric data from each
monitoring well; and collect and analyze groundwater or measure the amount of free
product, if present, in each monitoring well;
(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 that may 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 Item; and
(10) names and current addresses of all responsible parties for all petroleum sources for which a
discharge or release is confirmed, the owner(s) of the land upon which such petroleum sources are
located, and all potentially affected real property owners. Documentation of ownership of ASTs
or other sources and of the property upon which a source is located shall be provided. When
considering a request from a responsible party for additional time to submit the report, the
Department shall consider the following:
(a) the extent to which the request for additional time is due to factors outside of the control
of the responsible party;
(b) the previous history of the person submitting the report in complying with deadlines
established under the Commission's rules;
(c) the technical complications associated with assessing the extent of contamination at the
site or identifying potential receptors; and
(d) the necessity for action to eliminate an imminent threat to public health or the
environment.
History Note: Authority G.S. 143-215.3(a)(1); 143B-282; 143-215.84; 143-215.104AA.
Eff March 1, 2016