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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