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HomeMy WebLinkAboutMO-29901_48992_G_NORR_20230511_Request for LSA 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 May 11, 2023 William S. Johns Jr. Nisbet Oil Company 1818 Baxter Street Charlotte, NC 28204-5367 Re: Notice of Regulatory Requirements 15A NCAC 2L .0405 Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Handy Corner 2076 Startown Road Lincoln County Incident Number: 48992 Risk Classification: High Ranking: Pending Dear Mr. Johns: The Site Check received by the UST Section, Division of Waste Management, Mooresville Regional Office on May 10, 2023 has been reviewed. The review indicates soil contamination exceeds the lower of the residential or soil-to-groundwater MSCCs referenced in Title 15A NCAC 2L .0411 Therefore, the UST Section hereby confirms that you must comply with assessment and reporting requirements of Title 15A NCAC 2L .0405, within the timeframes specified in the attached rule. The requirements of Title 15A NCAC 2L .0405 include the preparation and submittal of a Limited Site Assessment (LSA) Report, in accordance with the rule and the most recent version of the UST Section Assessment Guidelines and UST Section Corrective Action Guidelines, within 120 days of discovery of the release. 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 of Environmental Quality 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 (NRP) with the Register of Deeds in the county where the property is located (NCGS 143B-279.9 and 143B-279.10). Failure to comply with the State's rules in the manner and time specified may result in the assessment of civil penalties and/or the use of other enforcement mechanisms. Page 2 of 2 Incident Number 48992 May 11, 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 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 (919) 707-8171. If you have any questions regarding the actions that must be taken or the rules mentioned in this letter, please contact Ryan Mills at Ryan.Mills@ncdenr.gov or at 704-235-2175. Sincerely, Ryan C Mills Environmental Program Consultant Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Lena Jones, Lincoln County Health Department (Via Email) Joanna Alley, P.G., Geological Resources, Inc. (Via Email)