MO-29737_48853_E_NOV_20240208

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | [phone]

February 7, 2024 CERTIFIED MAIL 7018 0360 0002 2096 6473 RETURN RECEIPT REQUESTED Tiffany Property Investments, LLC P.O. Box 34614 Charlotte, North Carolina 28234 Attention: Scott Rubzin Re: Notice of Violation of Title15A NCAC Subchapter 2L .0404 (c), .0406(1) and .0407(b) Corrective Action for Petroleum Underground Storage Tanks
Tifany Property Investments Property 2149 6th Street NW, Hickory Catawba County
Incident Number: 48853 Ranking: High
Dear Mr. Rubzin: Information received by this office of the UST Section, Division of Waste Management, on January 16, 2023 confirms that an underground storage tank, located on the above-referenced property due to the presence of a water supply well within 150 feet of the source area. Records indicate that you are the owner or operator of this UST. The risk posed by the discharge or release for your site has been determined by the Department to be high, as stipulated under Title 15A NCAC 2L .0406(1). The land use at the site is classified as residential. Title 15A NCAC 2L .0407(a) requires you to notify the Department of any changes that might affect the risk or land use classifications that have been assigned.
This letter explains the violation(s) and associated corrective action(s) you must take as a result of the release or discharge in accordance with North Carolina statutes and rules. The UST Section, Division of
Waste Management, administers the required response for underground storage tank releases, in accordance with Title 15A NCAC Subchapter 2L, Groundwater Classifications and Standards. VIOLATION 1: Failure to comply with the initial response and abatement action requirements of Title 15A NCAC 2L .0106 (b), (c), and (f) and .0404(c) for a high-risk site as stipulated under Title 15A NCAC 2L .0406(1). REQUIRED CORRECTIVE ACTION: Please take immediate action to terminate and control the discharge or to identify and eliminate the source
of the release and to mitigate any hazards resulting from exposure to the pollutants. Take action to prevent
Page 2 of 2 48853 February 7, 2024
North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC
28115 | [phone]

fire, explosion, or spread of noxious vapors; to abate, contain, and control migration of contaminants; to remove, treat, or control any primary pollution source; and to remove, treat, or control secondary pollution sources which would be continuing potential sources of pollutants to the groundwaters, as required under
of Title 15A NCAC 2L .0106 (b), (c), and (f), .0406(1) and the most recent version of the Underground
Storage Tank Section Guidelines for Site Checks, Tank Closure, and Initial Abatement and
Response.
VIOLATION 2: Failure to submit an Initial Assessment Report in accordance with Title 15A NCAC 2L .0106(c) and 2L .0111 within 30 days of receipt of the Notice of Regulatory Requirements dated January 18, 2023. REQUIRED CORRECTIVE ACTION: Please submit an Initial Assessment Report in accordance with Title 15A NCAC 2L .0106(c), 2L .0111,
and the most recent version of the Underground Storage Tank Section Guidelines for Site Checks, Tank Closure, and Initial Abatement and Response. The report must be received by this office within 30 days of receipt of this notice. Corrective actions must be taken and reported to the Mooresville Regional Office, within 30 days from the date of this notice, unless otherwise noted in the above corrective actions, to avoid recommendation of civil penalties for continuing violations. Penalties may be assessed for the violation(s) described within this Notice of Violation. Your prompt attention to the items described herein is required. Failure to comply with the State's rules, in the manner and time specified, may result in the assessment of additional civil penalties and/or the use of other enforcement mechanisms available to the State. Each day that a violation continues may be considered a separate violation. If you have any questions regarding the actions that must be taken or the rules mentioned in this letter, please contact Mr. Brad Newton at the address or telephone number listed below.
Sincerely,
Ron H. Taraban, PhD Regional Supervisor Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ cc: Catawba County Health Department Damien Callaghan – Cedar Rock (via e-mail)