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HomeMy WebLinkAboutMO-28888_48094_C_NFA_20220621_No Further ActionROY 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 (704) 663-1699 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 (704) 235-2182. 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 (704) 663-1699 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 (704) 663-1699 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