MO-5144_17539_G_NORR_20240212

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

February 12, 2024

Mohammed Almersal
3321 Freedom Drive
Charlotte, North Carolina 28208

Re: Notice of Regulatory Requirements
15A NCAC 02L .0407(d) [Intermediate Risk]
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks

Eastway Texaco
4320 The Plaza, Charlotte
Mecklenburg County
Incident Number: 17539
Risk Classification: Intermediate

Dear Almersal:

The proposal for soil excavation at the above-referenced site has been reviewed by the UST Section,
Division of Waste Management, Mooresville Regional Office. The remedial strategy of soil excavation has
not been approved at this time. The Division is instead requiring remediation by injection. Therefore, you
must proceed with a pilot study for injection. This information must be submitted in the Corrective Action
Feasibility Study, which must be received by this office no later than July 31, 2024/
The review indicates that corrective action is necessary to remediate environmental contamination. Title
15A NCAC 02L .0407 (d) [Intermediate Risk] requires you to comply with the assessment and cleanup
requirements of Title 15A NCAC 2N .0707 and Title 15A NCAC 02L .0106(c) and 02L .0111(c).
In accordance with 15A NCAC 02L .0111(a), a Corrective Action Plan shall be submitted to this office in
accordance with a schedule established by the Division of Waste Management Director. Because this
incident is eligible (or potentially eligible) for access to the Commercial Leaking Petroleum
Underground Storage Tank Cleanup Fund (State Trust Fund), a Feasibility Study in accordance with
the most recent version of the UST Section Corrective Action Guidelines, and the applicable State
Trust Fund Reasonable Rate Document must be submitted instead of a completed CAP. The Section
must approve the proposed remedial strategy prior to conducting a Feasibility Study.
In the CAP, natural attenuation of groundwater contamination must be used to the maximum extent
possible, plume stability should be evaluated, and efforts must be made to determine whether the
elimination of potential receptors, leading to risk reduction, is immediately practicable. A responsible party
who submits a Corrective Action Plan that proposes natural attenuation at any point in the process or
cleanup to alternate standards must provide public notice as specified in 15A NCAC 02L .0409(a).
Page 2 of 2 17539 February 12, 2024

North Carolina Department of Environmental Quality | Division of Waste Management
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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 15A NCAC 02L .0103(e) and 02L .0111(e).
The Department of Environmental Quality requires that all work not determined to be an emergency
response or associated with risk assessment (i.e., the Limited Site Assessment Report, per Title 15A NCAC
02L .0405) must be preapproved if State Trust Fund reimbursement is anticipated. To comply with this
requirement, a completed Preapproval/Claim Authorization Form, encompassing the scope of work
necessary to evaluate the feasibility of a proposed remediation strategy, must be received in this office
within 14 days of the date of this letter. Upon completion of preapproved activities that define an individual
step within the Corrective Action Plan process, you should submit your claim promptly. Reimbursement
funds are budgeted based on completed preapprovals, but delays in reimbursement or even denial due to a
failure to meet the statute of limitations on claiming a completed task can result if the work is not completed
in a timely fashion or of claims are not submitted immediately following work completion.
If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Leaking
Petroleum Underground Storage Tank Cleanup Fund, please contact the UST Section Trust Fund Branch
at [phone]. 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,

Brad C. Newton Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ

cc: Mecklenburg County Health Department
Ashleigh Thrash – Geologic Resources, Inc. (vi e-mail)
Tomie Benton – Geologic Resources, Inc. (via e-mail)