MO-27728_47042_C_NFA_20200827_No Further Action Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Upton Enterprises, LLC
Attn: Butch Upton
503 Crescent Hill Road
Kings Mountain, North Carolina 28086
(via email)
Dear Mr. Upton:
NORTH CAROLINA
Environmental Quality
August 27, 2020
Re: Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
Upton Enterprises, LLC
2134 Lanier Avenue, Charlotte
Mecklenburg County
Incident Number: 47042
Risk Classification: Low
The Site Closure Request received by the UST Section, Division of Waste Management,
Mooresville Regional Office on July 15, 2020 has been reviewed and approved. The review
indicates that soil contamination meets the cleanup requirements for a low -risk release under Title
15A NCAC 2L .0400, but contamination exceeds the limits allowed for the unrestricted use of a site
where closed under risk -based cleanup standards. Groundwater was not sampled as part of the site
investigation.
The UST Section determines that no further action is warranted for this incident. All
required actions have been completed. On July 15, 2020, the UST Section received a certified copy
of the Notice of Residual Petroleum which is filed with the Register of Deeds. On July 15, 2020, the
UST Section was provided with proof of receipt of the conditional Notice of No Further Action letter
or of refusal by the addressee to accept delivery of the letter or with a description of the manner in
which the letter was posted for public notice requirements.
Be advised that as soil contamination may exceed the residential MSCCs, the area of 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,
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

parks, recreation areas and day care centers), as stipulated in the Notice of Residual Petroleum.
Groundwater from the site is prohibited from use as a water supply. Water supply wells of any kind
shall not be installed or operated on the site.
The UST Section determines that no further action is warranted for this incident. 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.
This No Further Action determination applies only to the subject incident; for any other
incidents at the subject site, the responsible party must continue to address contamination as required.
If you have questions regarding this notice, please contact me at Trudy.Beverlykncdenr.gov
or [phone].
Sincerely, p,
�- �
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Rick Harmon, Harmon Environmental (via email)
Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater
& Wastewater Services (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

Beverly, Trudy
From: Beverly, Trudy
Sent: Thursday, August 27, 2020 10:58 AM
To: Butch Upton
Cc: Rick Harmon; Morris, Brett L.; Caldwell, Shawna
Subject: Upton Enterprises, LLC - UST Incident #47042 — No Further Action Letter
Attachments: MO-27728_47042_C_NFA_20200827_No Further Action Letter.pdf
Please see the attached No Further Action letter for Upton Enterprises, LLC located at 2134 Lanier Avenue, Charlotte,
Mecklenburg County, North Carolina (UST Incident #47042).
Trudy
Trudy Beverly, L.G.
Hydrogeologist, Division of Waste Management
North Carolina Department of Environmental Quality
UST Section, Mooresville Regional Office
704.235.2182 (Office)
Trudy. B everly(a),ncdenr. 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