MO-29044_48233_G_NORR_20230322

March 22, 2023

Sam's Mart, Inc
7935 Council Place, #200
Matthews, NC 28105
Attention: Adnan Jazairi
Re: Notice of Regulatory Requirements
15A NCAC 2L .0407(d) [Intermediate Risk]
Risk-based Assessment and Corrective Action
For Petroleum Underground Storage Tanks

Sams Mart 37
2700 North Tryon St
Charlotte, NC
Incident Number: 48233
Risk Classification: Intermediate
Mr. Jazairi:
The Free Product Recovery Report received on October 3, 2022, along with the file for former incident 15792 have
been reviewed by the UST Section, Division of Waste Management. It has been determined that the Free Product
discovered during the attempted abandonment of MW-2 is associated with the UST system closed in November of
2021.
Title 15A NCAC 2L .0407(d) [Intermediate Risk] requires you to comply with the assessment and cleanup
requirements of Title 15A NCAC 2N .0706 and Title15A NCAC 2L .0106(c) and 2L .0106(g). Failure to comply in
the manner and time specified may result in the assessment of civil penalties and/or the use of other enforcement
mechanisms.
Please complete and submit a Risk Assessment Report within 90 days of this notice. This report supplements the LSA
through the assessment of groundwater characteristics and the risk to nearby receptors. Specifically, the Risk
Assessment Report should include, at a minimum:

• The installation of three horizontal extent monitoring wells to define the extent of free product. One
monitoring well shall be installed upgradient of the source of contamination and two monitoring wells shall
be installed downgradient of the source of contamination, as best as can be determined, and located such that
groundwater flow direction and hydraulic gradient may accurately be determined.
• New wells are to be checked for Free Product. For wells that do not indicate the presence of Free Product,
collect groundwater samples from the monitoring wells, analyzed by the appropriate method(s) for the
constituents relevant to the release.
• The survey of all monitoring wells and collection of potentiometric data for the completion of a
potentiometric surface / groundwater elevation and flow map.

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 in accordance with
15A NCAC 2L .0103(e) and 2L .0111(b).

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC
28115 | [phone]

Effective October 1, 2004, the Department of Environmental Quality requires that all work not determined to be an
emergency response or associated with risk assessment (i.e., the Limited Site Assessment Report, per Title 15A NCAC
2L .0405) must be preapproved if State Trust Fund reimbursement is anticipated. To comply with this requirement,
a completed Preapproval/Claim Authorization Form, encompassing the required comprehensive assessment activities
must be received in this office within 14 days of the date of this letter.
However, as the Risk Assessment Report qualifies as an exempted scope of work, written preapproval is required
(CAB Only task authorization if less than $25,000) to complete the activities described above, as documented under
Task 2.610 in the 2021 Reasonable Rate Document, Version 4/1/2021. Upon completion of any eligible activities,
you should submit your claim promptly. Reimbursement funds are budgeted based on completed preapprovals, but
delays in reimbursement or even denial due to exceeding the statute of limitations on claiming eligible costs can result
where claims are not submitted immediately following work completion.
If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Leaking Petroleum
Underground Storage Tank Cleanup Fund, please contact the UST Section Trust Fund Branch at [phone]. 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.
Sincerely,

Daniel Bowser, PG
Hydrogeologist
UST Section, Division of Waste Management, NCDEQ
Mooresville Regional Office
[phone]

cc via email: Aaron Long, PE, Excel
Ron Taraban, UST Section, Division of Waste Management
Shawna Caldwell, LUESA- Mecklenburg County Health Department