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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