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HomeMy WebLinkAboutMO-29548_48687_G_NORR_20230320 North Carolina Department of Environmental Quality | Division of Waste Management < Right Click, Select 'Edit Footer', then Click to Select Applicable Regional Office > March 20, 2023 Donald McGinnis 852 Mark Wilson Drive Mount Holly, North Carolina 28120 Re: Notice of Regulatory Requirements 15A NCAC 2L .0407 (c) Risk-Based Assessment and Corrective Action for Petroleum Underground Storage Tanks Riverside Grocery 107 Riverside Drive McAdenville, Gaston County Incident Number: 48687 Risk Classification: High or Intermediate Ranking: h215d Dear Mr. McGinnis: The Limited Site Assessment Report received by the UST Section, Division of Waste Management, on February 27, 2023 has been reviewed. The risk posed by the discharge or release at the subject site is classified by the Department of Environmental Quality as high, as stipulated under Title 15A NCAC 2L .0406. The land use at the site is classified as industrial/commercial. Title 15A NCAC 2L .0407(a) requires you to notify the Department of any changes that might affect the risk or land use classifications that have been assigned. Title 15A NCAC 2L .0407 (c) requires you to comply with assessment and cleanup requirements of Title 15A NCAC 2N .0706 and Title 15A NCAC 2L .0106(c) and 2L .0106(g). A Comprehensive Site Assessment (CSA) Report prepared in accordance with these requirements and the most recent version of the UST Section Assessment Guidelines must be received by this office within 90 days of the date of this notice. In addition, you must submit a summary of the CSA Report to the local Health Director and the local Chief Administrative Officer in accordance with 15A NCAC 2L .0114. The summary should be submitted to these persons no later than five working days after submittal of the CSA Report to this office. 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. The Department requires that all work following the submittal of the Limited Site Assessment Report (Title 15A NCAC 2L .0405) be preapproved if State Trust Fund reimbursement is anticipated. To comply with this requirement, a completed Preapproval/Claim Authorization Form, encompassing the required remedial activities, must be received in this office within 14 days of the date of this letter. Upon completion of the preapproved activities, you should submit your claim promptly. Reimbursement funds are budgeted based on completed preapprovals, but lengthy delays in reimbursement can occur if claims are not submitted immediately following work completion. Page 2 of 2 48687 March 20, 2023 North Carolina Department of Environmental Quality | Division of Waste Management < Right Click, Select 'Edit Footer', then Click to Select Applicable Regional Office > 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 Title 15A NCAC 2L .0103(e) and 2L .0111(e). 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 Residual Petroleum ("Notice") with the Register of Deeds in the county where the property is located (NCGS 143B-279.9 and 143B-279.11). If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Petroleum Underground Storage Tank Cleanup Fund, 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 me at address and telephone number provided. Sincerely, Brad C. Newton, P.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ Cc: Gaston County Health Department Eric Eubanks – Geologic Resources, Inc.