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HomeMy WebLinkAboutMO-88920_97031_G_NORR_20230518 May 18, 2023 Arris Holdings, LLC 2700 Apple Valley Road, Suite 50 Brookhaven, Georgia 30319 Attention: Marshall Musser Re: Notice of Regulatory Requirements 15A NCAC 2L .0505 Risk-based Assessment and Corrective Action for Aboveground Storage Tanks and Other Petroleum Sources Arris NODA 4357 Raleigh St Charlotte, NC Incident Number: 97031 Mr. Musser: The Phase II ESA Report received by the UST Section, Division of Waste Management, Mooresville Regional Office, received on May 9, 2023, has been reviewed. The report indicates that soil contamination exceeds or equals the 10 mg/kg total petroleum hydrocarbons (TPH) screening limit (or exceeds the lower of the residential or soil-to- groundwater maximum soil contaminant concentrations (MSCCs) established in Title 15A NCAC 2L .0411) and/or that groundwater contamination exceeds the standards or interim standards established in Title 15A NCAC 2L.0202 or has been visibly impacted. Therefore, the UST Section hereby confirms that you must comply with assessment and reporting requirements of Title 15A NCAC 2L .0505, within the timeframes specified therein. The requirements of Title 15A NCAC 2L .0505 include the preparation and submittal of a Limited Site Assessment (LSA) Report, in accordance with the rule. 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(b). 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). 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. If you have any questions regarding the actions that must be taken or the rules mentioned in this letter, 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: Erin Greene, Terracon Shawna Caldwell, LUESA- Mecklenburg County Health Department