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HomeMy WebLinkAboutMO-3384_8558_C_NFA_20230130_ABC of Mecklenburg County_ North Carolina Department of Environmental Quality | Division of Waste Management Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | (704) 663-1699 January 30, 2023 City of Charlotte Marcus Jones 600 E 4th St Charlotte, NC 28202 Re: Notice of No Further Action 15A NCAC 02L .0407(e) Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks ABC of Mecklenburg County 400 E MLK Blvd Charlotte, Mecklenburg County Incident Number: 8558 Risk Classification: Low Ranking: Low Dear Mr. Jones: A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste Management, Mooresville Regional Office indicates that soil and groundwater contamination meet the cleanup requirements for a low-risk release under Title 15A NCAC 2L .0202 and .0400, but contamination exceeds the limits allowed for the unrestricted use of a site were closed under risk-based cleanup standards. The UST Section determines that no further action is warranted for this incident. All required actions have been completed. On 9/9/2019, the UST Section received a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds. On 1/13/2021 in book 33730 and page 481-486. This determination shall apply unless the UST Section later finds that the discharge or release poses an unacceptable risk or a potentially unacceptable risk to human health or the environment. Pursuant to Title 15A NCAC 02L .0407(a) you have a continuing obligation to notify the Department of any changes that might affect the risk or land use classifications that have been assigned. Be advised that as groundwater contamination exceeds the groundwater quality standards established in Title 15A NCAC 02L .0202, groundwater within the area of contamination or within the area where groundwater contamination is expected to migrate is not suitable for use as a water supply. Be advised that as soil contamination exceeds the residential MSCCs, the property containing the contamination is suitable only for industrial/ commercial use or restricted residential use (The term "residential is inclusive of, but not limited to, private houses, apartment complexes, schools, nursing homes, parks, recreation areas and day care centers), as stipulated in the Notice of Residual Petroleum (attached). Page 2 of 2 8558 January 30, 2023 North Carolina Department of Environmental Quality | Division of Waste Management Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | (704) 663-1699 Interested parties may examine the site file information by contacting this regional office and may submit comments on the site to the regional office at the address or telephone number listed below. This No Further Action determination applies only to the subject incident; for any other incidents at the subject site, the responsible party must continue to address contamination as required. 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 this notice, please contact me at the address or telephone number listed below. Sincerely, Ron Taraban, PhD Supervisor Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ CC: Mecklenburg County Manager: Dena Diorio, 600 E 4th ST, Charlotte, NC 28202 Mecklenburg County Health Director: Dr. Raynard Washington, 249 Billingsley Rd, Charlotte, NC 28211 Parkway 550 South Caldwell LLC, 550 S Caldwell St, Suite 1860, Charlotte, NC 28202 MO-3384_8558_C_NFA_20230130_ABC of Mecklenburg County