HomeMy WebLinkAboutMO-30174_49227_G_NORR_20231004
October 4, 2023
Amigos Al Dia PR. LLC
1519 Ave Ponce De Leon
Suite 305
San Juan, Puerto Rico 00908
Attention: Carlos Felipe Olave
Re: Notice of Regulatory Requirements
15A NCAC 2L .0405
Risk-based Assessment and Corrective
Action for Petroleum Underground Storage
Tanks
Sams Mart 100
4646 South Blvd
Charlotte, NC
Incident Number: 49227
Risk Classification: Unknown
Mr. Olave:
The UST Closure Report received by the UST Section, Division of Waste Management, Mooresville Regional Office
on September 11, 2023, confirms a petroleum release 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: Phillip Thompson, PG,
Shawna Caldwell, LUESA- Mecklenburg County Health Department