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HomeMy WebLinkAboutFA-7962_42202_G_NORR_20190624_lsa North Carolina Department of Environmental Quality | Division of Waste Management Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville, NC 28301 | (910) 433-3300 June 24, 2019 Charles A. Chiara 3200 Spring Forest Road STE 206 Raleigh, North Carolina 27616 Re: Notice of Regulatory Requirements 15A NCAC 2L .0405 Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Speedway 6993 670 N. Reilly Road Fayetteville, Cumberland County Incident Number: 42202 Risk Classification: TBD Ranking: TBD Dear Chiara: The Initial Abatement Action Report received by the UST Section, Division of Waste Management, Fayetteville Regional Office on June 5, 2019 has been reviewed. The review indicates soil contamination exceeds the lower of the residential or soil-to-groundwater MSCCs referenced in Title 15A NCAC 2L .0411 Therefore, the UST Section hereby confirms that you must comply with assessment and reporting requirements of Title 15A NCAC 2L .0405, within the timeframes specified in the attached rule. The requirements of Title 15A NCAC 2L .0405 include the preparation and submittal of a Limited Site Assessment (LSA) Report, in accordance with the rule and the most recent version of the Guidelines for Assessment and Corrective Action for UST Releases, within 120 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 ("Notice") plat and declaration with the Register of Deeds in the county where the property is located (NCGS 143B-279.9 and 143B-279.10). 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 Sarah Brown at the address or telephone number listed below. Sincerely, Sarah Brown Environmental Specialist II Fayetteville Regional Office UST Section, Division of Waste Management, NCDEQ Attachments: Title 15A NCAC 2L .0405 cc: Cumberland County Interim Health Director Duane Holder 1235 Ramsey Street Fayetteville, NC 28301 Trey Marchant (email only) Fayetteville Regional Office | 225 Green St | #714 Systel Building | Fayetteville, NC 28301 | (910) 433-3300