MO-28945_48148_G_NORR_20230501 _Request for Comprehensive Site Assessment

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC
28115 | [phone]
May 4, 2023
Kathy Holthouser
1653 Mecklenburg Highway Mooresville, NC 28115
Re: Notice of Regulatory Requirements 15A NCAC 2L .0407 (c) Risk-Based Assessment and Corrective
Action for Petroleum Underground Storage Tanks
Buttery & Beanery 1653 Mecklenburg Highway Mooresville, Iredell County Incident Number: 48148 Risk Classification: High Ranking: Pending
Dear Ms. Holthouser:
The Limited Site Assessment Report received by the UST Section, Division of Waste Management, on February 23, 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 Incident Number 48148 May 4, 2023
North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC
28115 | [phone]
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 [phone]. If you have any questions regarding the actions that must be taken or the rules mentioned in this letter, please contact me at [e-mail] or at 704-235-2175.
Sincerely,
Ryan C Mills
Environmental Program Consultant Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ
Cc: Brady Freeman, Iredell County Health Department (Via Email)
Nathan S. Simmons, P.G., Catawba Valley Engineering and Testing, P.C. (Via Email)