HomeMy WebLinkAboutMO-88891_96848_C_NFA_20230515_CNFA
May 15, 2023
New Cingular Wireless PCS, LLC
200 Crossbeam Road
Charlotte, NC 28217
Re: Conditional Notice of No Further Action
15A NCAC 2L .0106
Risk-based Assessment and Corrective
Action for Aboveground Storage Tanks and
Other Petroleum Sources
Cingular Wireless PCS
10439 Allen Munn Lane
Mint Hill, NC
Incident Number: 96848
Dear Sirs:
The Limited Site Assessment Report received by the UST Section, Division of Waste Management, Mooresville
Regional Office on April 25, 2023 has been reviewed. The review of this report and the project file indicates that
groundwater contamination meets the cleanup requirements for an intermediate-risk site but exceeds the groundwater
quality standards established in Title 15A NCAC 2L .0202.
Be advised that as groundwater contamination exceeds the groundwater quality standards established in Title 15A
NCAC 2L .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 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.
Pursuant to NCGS 143B-279.9 and 143B-279.11, you must file the approved Notice of Residual Petroleum with the
Register of Deeds in the county in which the release is located. The NORP filing is required prior to conveyance of a
contaminated property and/or prior to receiving a Notice of No Further Action. The NORP must be prepared in
accordance with instructions and format which can be found at: http://deq.nc.gov/about/divisions/waste-
management/waste-management-permit-guidance/underground-storage-tanks-section/ust-guidance-documents.
The NORP must be sent to this office of the UST Section for approval and notarization. The approved and notarized
NORP will be sent back to you for filing with the Register of Deeds in Mecklenburg County.
As groundwater contamination exceeds the groundwater quality standards established in Title 15A NCAC 2L .0202,
public notice in accordance with 15A NCAC 2L .0409(b) also is required. Thus, within 30 days of receipt of this
letter, a copy of this letter must be provided by certified mail, or by posting in a prominent place (if certified mail is
impractical) to the local health director, the chief administrative officer of each political jurisdiction in which the
contamination occurs, and all property owners and occupants within or contiguous to the area containing
contamination. Please include a cover letter that: adequately explains the NFA, interested parties may examine the
incident file by contacting this regional office, and comments on the incident closure may be sent to the address listed
below.
Within 60 days this office must be provided with proof of receipt or of refusal by the addressee(s) to accept delivery
of the copy of the letter, or with a description of the posting.
This conditional No Further Action determination will not become valid until the UST Section receives a certified
copy of the Notice of Residual Petroleum filed with the Register of Deeds, and until public notice requirements are
completed.
This No Further Action determination applies only to the subject UST incident; for any other NCDEQ incidents at the
subject site, the responsible party must continue to address contamination as required. If you have any questions
regarding this notice, please contact me at the address or telephone number listed below.
.
Sincerely,
Daniel Bowser, PG
Hydrogeologist
UST Section, Division of Waste Management, NCDEQ
Mooresville Regional Office
(704) 235-2172
cc via email: Rob Foster, PG, WSP
Shawna Caldwell, LUESA- Mecklenburg County Health Department