MO-9575_47007_G_NORR_20230901_Conditional No Further Action

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

September 1, 2023
Charles Chiara
Speedway, LLC
500 Speedway Drive
Enon, Ohio 45323

Re: Conditional Notice of No Further Action
15A NCAC 02L .0407(e)
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks

Speedway #7970
122 Turnersburg Highway, Statesville
Iredell County
Incident Number: 47007
Risk Classification: Low

Dear Mr. Chiara:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste
Management, Mooresville Regional Office indicates that soil and groundwater contamination meet the
cleanup requirements for a low-risk release under Title 15A NCAC 2L .0202 and .0400, but contamination
exceeds the limits allowed for the unrestricted use of a site where closed under risk-based cleanup standards.
The UST Section determines the subject incident to be eligible conditionally for no further action status.
However, final approval of no further action status is contingent on the filing of the approved Notice of
Residual Petroleum (or NRP, see attached) with the Register of Deeds in the county in which the release is
located, verified by the receipt of a certified copy of the filed NRP by this office; and receipt of confirmation
that public notice requirements have been completed, as described below.
Be advised that, as contamination may exceed the groundwater quality standards established in Title 15A
NCAC 2L .0202, groundwater within the area where contamination is present or is expected to migrate is
not suitable for use as a water supply. Be advised that as soil contamination may exceed the residential
MSCCs, the property containing the soil contamination is suitable only for industrial / commercial use as
stipulated in the Notice of Residual Petroleum (attached).
As groundwater contamination may exceed the groundwater quality standards established in Title 15A
NCAC 2L .0202, and soil contamination may exceed the residential MSCCs, pursuant to NCGS 143B-
279.9 and 143B-279.11, you must file the approved Notice of Residual Petroleum (attached) with the
Register of Deeds in the county in which the release is located and submit a certified copy to the UST
Section within 30 days of receipt of this letter.
As groundwater contamination may exceed the groundwater quality standards established in Title 15A
NCAC 2L .0202, and soil contamination may exceed the lower of the residential or soil-to-groundwater
MSCCs, public notice in accordance with 15A NCAC 02L .0409(b) also is required. Within 30 days of
Page 2 of 2
Incident Number 47007
September 1, 2023

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

receipt of this letter, a copy of this letter must be provided by certified mail (or otherwise be made available
by posting in a prominent place if certified mail is impractical,) to the local health director, the chief
administrative officer of each political jurisdiction in which the contamination occurs, all property owners
and occupants within or contiguous to the area containing contamination, and all property owners and
occupants within or contiguous to the area where the contamination is expected to migrate.
Within 60 days of receiving this letter, this regional office must be provided with documentation showing
that each party included in the listing above either received or affirmatively refused to accept delivery of
the copy of the letter, and/or documentation describing the manner in which the letter was publicly posted,
where applicable. Interested parties may examine information on file for this site by contacting this regional
office and may submit comments about the site to the regional office at the address or telephone number
listed below.
This conditional No Further Action determination will not become valid until the UST Section
receives a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds
and until public notice requirements are completed.
If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Leaking
Petroleum Underground Storage Tank Cleanup Funds, 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 Ryan Mills at [e-mail] or at 704-235-2175.

Sincerely,

Ron Taraban
Regional Supervisor
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ

cc: Brady Freeman, Iredell County Health Department
Nicole Long, Project Manager III, Environmental Project Manager, AECOM
Attachment: Notice of Residual Petroleum