HomeMy WebLinkAboutMO-88952_97159_G_NORR_20240125
January 25, 2024
NCDOT
12033 East Independence Blvd
Matthews NC 28105
Attention: Warren Isenberg
Re: Notice of Regulatory Requirements
15A NCAC 2L .0504 and 2L .0505
Risk-based Assessment and Corrective Action
for Petroleum Aboveground Storage Tanks and
Other Petroleum Sources
NRC 1382057
485/Mt. Holly Rd
Charlotte, NC
Incident Number: 97159
Mr. Isenberg,
Information received by this regional office of the Underground Storage Tank Section (UST Section),
Division of Waste Management, on October 16, 2023, confirms a release or discharge of fuel at the above-
referenced location. As the Responsible Party for this release has not been determined, and the impacted
soils lie within the right of way, NCDOT has agreed to address this impact.
As the responsible party, you must comply with the initial response and abatement action requirements of
the Title 15A of the North Carolina Administrative Code (NCAC), Subchapter 2L .0504 and, if applicable,
the assessment and reporting requirements of Title 15A NCAC 2L .0505, within the timeframes specified
in the attached rules. (Be aware that if Title 15A NCAC 2L .0505 is applicable, you must comply with its
requirements even if you do not receive formal notification from the UST Section.)
Initial abatement action requirements include the preparation and submittal of an Initial Assessment Report
(IAR), in accordance with Title 15A NCAC 2L .0504 and the most recent version of the Guidelines for Site
Checks, Tank Closure, and Initial Response and Abatement for Non-UST Petroleum Releases, within 90
days of discovery of the release.
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 of Environmental Quality 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 Contaminated Site
or Notice of Residual Petroleum with the Register of Deeds in the county where the property is located
(North Carolina General Statutes 143B-279.9, and 143B-279.10 or 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: John Thao, Charlotte-Mecklenburg Storm Water Services
Steve Lucas, PG, Lighthouse Technical
Shawna Caldwell, LUESA- Mecklenburg County Health Department