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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