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HomeMy WebLinkAboutMO-27791_47102_G_NORR_20200709 June 29, 2020 Den Den NC, Inc. 2235 The Plaza Charlotte, NC 28205 Attention: Iyasu Gebrehawriat Re: Notice of Regulatory Requirements 15A NCAC 2L .0405 Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Dens Mart 2235 The Plaza Charlotte, NC Incident Number: 47102 Mr. Gebrehawriat: The Site Check Report received by the UST Section, Division of Waste Management, Mooresville Regional Office on March 30, 2020, confirms a release or discharge from a petroleum underground storage tank (UST) system at the above-referenced location. 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. Therefore, the responsible party must comply with the assessment and reporting requirements of Title 15A NCAC 2L .0405, which includes the preparation and submittal of a Limited Site Assessment (LSA) Report, in accordance with the rule and the most recent version of the Guidelines for Assessment and Corrective Action for UST Releases, within 120 days of discovery of the release. The Limited Site Assessment (LSA) report outline and requirements can be found online at: http://portal.ncdenr.org/web/wm/ust/guidance; the LSA investigation and report must follow these specifications. 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 trust fund eligibility or reimbursement from the Commercial or Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Funds, 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 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: Corey Buchanan, PG, GRI Shawna Caldwell, LUESA- Mecklenburg County Health Department