MO-28888_48094_C_NFA_20220621_No Further Action

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
West Sugar Creek LLC
Attn: Andy Henson
2131 Ayrsley Town Boulevard
Charlotte, NC 28273
(via email)
Dear Mr. Henson:
NORTH CAROLINA
Environmental Quality
June 21, 2022
Re: Notice of No Further Action
15A NCAC 2L .0407(d)
Risk -based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
2422 West Sugar Creek
2422 West Sugar Creek Road, Charlotte
Mecklenburg County
Incident Number: 48094
Risk Classification: Low
The Site Closure Request received by the UST Section, Division of Waste Management,
Mooresville Regional Office on November 12, 2021 has been reviewed and approved. The review
indicates that 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. Groundwater was not
sampled as part of the investigation.
The UST Section determines that no further action is warranted for this incident. All required
actions have been completed. On November 9, 2021, the UST Section received a certified copy of the
Notice of Residual Petroleum which is filed with the Register of Deeds. On November 12, 2021, 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 to meet Public Notification requirements.
Be advised that as soil contamination may exceed the residential MSCCs, the area of the
property containing 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 Residual Petroleum. Be advised
that as that as groundwater contamination may exceed the groundwater quality standards established
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, NC
NORTH CAROLINA 28115 1 [phone]
Department of Environmental Dual

in Title 15A NCAC 2L .0202, groundwater within the area of contamination or within the area where
groundwater contamination is expected to migrate is not suitable for use as a water supply.
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.
Please note that this parcel and three neighboring parcels have a June 9, 2016 filed Notice of
Dry -Cleaning Solvent Remediation related to the Dry -Cleaning Solvent Cleanup Act Program site
Derita Dry Cleaners & Laundry, NCDSCA 060-0061.
If you have any questions regarding this notice, please contact me by email at
Trudy.Beverlygncdenr. -og_v or by phone at [phone].
Sincerely,
It
Trudy Beverly, L.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater
& Wastewater Services (via email)
Philip Thompson, Thompson Geological (via email)
Mooresville Regional Office 1 610 E Center Ave I Suite 301 1 Mooresville, NC 28115 1 [phone]
Q 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, NC
aonaouNn 28115 1 [phone]
Department of Environmental Dual

Beverly, Trudy
From: Beverly, Trudy
Sent: Tuesday, June 21, 2022 2:52 PM
To: Andy Henson
Cc: Philip Thompson; Shawna Calwell; Morris, Brett L.
Subject: 2422 West Sugar Creek - UST Incident #48094 — No Further Action
Attachments: MO-28888_48094_C_NFA_20220621_No Further Action.pdf
Please see the attached No Further Action letter for 2422 West Sugar Creek located at 2422 West Sugar Creek Road,
Charlotte, Mecklenburg County, North Carolina (UST Incident #48094).
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(a),ncderin 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