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HomeMy WebLinkAboutMO-7181_27864_C_CL_20221017_Initial Notice to owner (002) October 17, 2022 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7011 1570 0001 8545 6780 Ms. Sue Graham Hartsell 830 Hidden Creek Circle Salisbury, NC 28147-7231 RE: Notification of No Further Action and Notice of Residual Petroleum – Groundwater 15A NCAC 2L .0115(h) Risk-Based Assessment and Corrective Action for Petroleum Underground Storage Tanks UST Section State Lead Program Property – West Rowan Grill Property 8870 Statesville Blvd. Cleveland, Rowan County, NC Incident # - 27864 Dear Ms. Hartsell: The referenced property was referred to the State of North Carolina Underground Storage Tank (UST) Trust Fund Branch, State Lead Program in 2017. According to Department information, two sets of tanks were formerly located on the property. The original tank system included one 2,00-gallon gasoline UST, and one 3,000-gallon gasoline UST, and were removed in 1988. The tank system was owned by Petroleum World, Inc. A second set of tanks consisting of 3-6,000-gallon gasoline, 1-6,000-gallon diesel, and 1-6,000-gallon kerosene USTs were removed in 2020 by the tank owner Haywood Oil Company. Testing performed during the UST closures documented the presence of a release associated with the original UST system. According to the Rowan County Register of Deeds you acquired the property in 2010 and have used it as a restaurant /grill. Following acceptance into the State Lead program in 2017, additional soil and groundwater assessment was performed. The results of the assessment determined a limited area of groundwater contamination present above the State’s regulatory NC 2L standards on the site property. In addition to the periodic groundwater testing, the following actions were performed; a receptor survey, water supply well testing, in-situ chemical oxidation remediation, and a contaminant fate & transport model. The receptor survey identified a limited number of water supply wells being utilized within a 1,000-foot radius of the site property. The water supply wells were located either upgradient or side-gradient to the direction in flow of the groundwater. There were no water supply well users located downgradient of the site property. The contaminant fate & transport evaluation was completed which evaluated the status of the groundwater quality within the immediate area of the site property and its expected extent in migration. The results of the assessment work performed indicate the following; the groundwater contaminant plume shows a stable to decreasing trend in concentration, the water supply wells located within a 1,000 feet are not expected to be impacted by the groundwater contamination from the site, and finally there are multiple petroleum related contaminants present in the groundwater exceeding the North Carolina 2L Groundwater Quality Standards (NC 2L Standards) but are below the North Carolina groundwater Gross Contaminant Levels (GCLs). Based on the information obtained, the site risk for the property has been re-classified as low risk. As such, the UST Section has determined that no further action is warranted for this incident. This determination shall apply unless the UST Section later determines that the discharge or release poses an unacceptable risk or a potentially unacceptable risk to human health or the environment. Because the site property’s groundwater does not meet the current "unrestricted use" standards, meaning the groundwater contamination exceeds the NC 2L Standards, a Notice of Residual Petroleum for Groundwater will be placed on the deed. The placing of a Notice of Residual Petroleum on the deed can close the incident. The notice simply states that there is residual petroleum-contaminated groundwater present at the site and the notice can be removed at any time, by the State, when it can be shown that the contaminated groundwater has been removed or has naturally attenuated to below the applicable standards. The UST Section will place this notice for you without cost to you. Pursuant to 15A NCAC 2L .0409, you have a continuing obligation to notify the UST Section of any changes that you know of or should know of, that might affect the level of risk assigned to the discharge or release. Should you have any questions concerning this notice, please contact Mark Petermann at 336-776-9688 or me at (919) 323-7443. Sincerely, Wayne Randolph, CPM Trust Fund Branch Manager UST Section-Division of Waste Management NC Department of Environmental Quality cc: Ron Taraban, NCDEQ - Mooresville Regional Office, ron.taraban@ncdenr.gov Aaron Church, Rowan County Manager, aaron.church@rowancountync.gov Town of Cleveland, info@cleveland.org