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HomeMy WebLinkAboutMO-28635_47874_G_NORR_20210713_Notice of Regulatory RequirementsROY COOPER Governor JOHN NICHOLSON Interim Secretary MICHAEL SCOTT Director Gate Petroleum Company Attn: Marlene Talley P.O. Box 23627 Jacksonville, FL 32241 (via email) Dear Ms. Talley: NORTH CAROLINA Environmental Quality July 13, 2021 Re: Notice of Regulatory Requirements 15A NCAC 2L .0404 and 2L .0405 Risk -based Assessment and Corrective Action for Commercial Petroleum Underground Storage Tanks Gate No. 414 3699 Concord Parkway South, Concord Cabarrus County Incident Number: 47874 Risk Classification: Unknown Information received by this regional office of the Underground Storage Tank Section, Division of Waste Management, on July 8, 2021, 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 the Title 15A of the North Carolina Administrative Code (NCAC), Subchapter 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 Title 15A NCAC 2L .0405 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 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). D E Q North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, INC acnaouNn 28115 1 (704) 663-1699 Depar6ment of Environmental Dual 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 (North Carolina General Statutes 14313-279.9 and 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 trust fund eligibility or reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Funds, please contact the UST Section Trust Fund Branch at (919) 707-8171. 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 questions regarding this notice, please contact me at Trudy.Beverlykncdenr.. og_v or (704) 235-2182. Sincerely, Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ Enclosures: Title 15A NCAC 2L .0404 and 2L .0405 A Brief History of North Carolina Session Laws, Rules, and General Statutes... cc: Chrystal Swinger, Cabarrus County Health Department (via email) Mike Downs, Cabarrus County Manger (via email) Scott Ball & Tomie Benton, Geological Resources, Inc. (via email) Mooresville Regional Office 1 610 E Center Ave I Suite 3011 Mooresville, NC 28115 1 (704) 663- 1699 Q E Q�� North Carolina Department of Environmental Quality I Division of Waste Management aTH onaouNn Mooresville Regional Office 1 610 East Center Avenue I Suite 301 1 Mooresville, NC Department of Environmental Quality 28115 1 (704) 663-1699 Beverly, Trudy From: Beverly, Trudy Sent: Tuesday, July 20, 2021 7:26 AM To: Tomie Benton Subject: RE: [External] RE: Gate No. 414 - UST Incident #47874 — Notice of Regulatory Requirements Attachments: MO-28635_47874_G_NORR_20210713_Notice of Regulatory Requirementss.pdf Hey Tomie, I have no idea why I put Gateway on the letter instead of Gate. Everything is correct in the RUST database. I've corrected the NORR (attached). Additional assessment can be conducted when the tanks are removed in November. Have a great day, Trudy Trudy Beverly, L.G. D- I E Q Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality UST Section, Mooresville Regional Office 704.235.2182 (Office) Trudy.Beverlygriedenr. 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: https://deq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https://deg.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://dea.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-ais-mans File Review Procedures: https://deg.nc. gov/about/divisions/waste-management/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://files.nc.eov/ncdeg/Waste%2OManapement[DWM/UST/W hatsNew/Final-Electronic-Document-Submittal-Policy.pdf b!Vs://files.nc. gov/ncdeq/Waste%20Management/D WM/UST/Corrective%2OAction/UST%20filc%20names%20for%2OLaserfiche.docx From: Tomie Benton[mailto:tmb@geologicalresourcesinc.com] Sent: Monday, July 19, 2021 3:53 PM To: Beverly, Trudy <trudy.beverly@ncdenr.gov> Subject: [External] RE: Gateway No. 414 - UST Incident #47874 — Notice of Regulatory Requirements CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Trudy, Hope you have been doing well! I was going to work on the proposals for this site when I noticed the site name is not correct which should be Gate #414. As Scott mentioned, they are planning to remove the tanks in November because they will not be renewing the land lease. The 2018 Soil Assessment Report outlined the abatement actions that were completed at the time of the line repair and they are not planning any additional soil cleanup before the UST removal activities. Here is my question, do you want to wait until the remove of the tanks for additional assessment or do you want a LSA completed now? Just let me know so I can make sure I propose the work in the order needed to meet your request. Thanks, T'&m,(& 3 e4M&V1/ Vice President, Account Management Geological Resources, Inc. Celebrating 50 years of serving our clients 3502 Hayes Road I Monroe, NC 28110 1 website I facebook 704-845-4010-office 1252-367-2617-cell 1704-845-4012-fax From: Beverly, Trudy <trudy.beverly@ncdenr.gov> Sent: Tuesday, July 13, 2021 11:06 AM To: Marlene Talley <mtalley@gatepetro.com> Cc: Chrystal Swinger <Chrystal.Swinger@CabarrusHealth.org>; Downs, Michael K <mkdowns@cabarruscounty.us>; Scott Ball<wsb@geologicalresourcesinc.com>; Tomie Benton<tmb@geologicalresourcesinc.com> Subject: Gateway No. 414 - UST Incident #47874 — Notice of Regulatory Requirements Please see the attached Notice of Regulatory Requirements letter for Gateway No. 414 located at 3699 Concord Parkway South, Concord, Cabarrus County, North Carolina (Incident #47874). 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.13everly(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: https://deq.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: h_ptt s:Hdeg.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://dea.nc. eov/about/divisions/waste-manaeement/waste-manaeement-rules-data/waste-manaeement-eis-mans File Review Procedures: https://deq.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:Hfiles.nc.gov/ncdeg/Waste%2OManatiement/DWM/UST/W hatsNew/Final-Electronic-Document-Submittal-Policv.pdf https:Hfiles.nc. gov/ncdeq/Waste%2OManagement/DWM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx