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HomeMy WebLinkAboutMO-28756_47989_G_C_20231024_NFA Speedway 7993 North Carolina Department of Environmental Quality | Division of Waste Management Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | (704) 663-1699 October 24, 2023 Charles Chiara Speedway, LLC 500 Speedway Drive Enon, Ohio 45323 Re: Notice of No Further Action 15A NCAC 02L .0407(e) Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Speedway #7993 1702 N. First Street (Hwy. 52), Albemarle Stanly County Incident Number: 47989 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 that no further action is warranted for this incident. All required actions have been completed. On October 24, 2023, the UST Section received a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds. On October 24, 2023, the UST Section was provided with proof of receipt of the conditional Notice of No Further Action letter or of refusal by the addressee to accept delivery of the letter or with a description of the manner in which the letter was posted. This determination shall apply unless the UST Section later finds that the discharge or release poses an unacceptable risk or a potentially unacceptable risk to human health or the environment. Pursuant to Title 15A NCAC 02L .0407(a) you have a continuing obligation to notify the Department of any changes that might affect the risk or land use classifications that have been assigned. Be advised that as groundwater contamination exceeds the groundwater quality standards established in Title 15A NCAC 02L .0202, groundwater with the area of contamination or with the area where groundwater contamination is expected to migrate is not suitable for use as a water supply. Be advised that as soil contamination exceeds the residential MSCCs, the property containing the contamination is suitable only for industrial/commercial use or restricted residential use (The term “residential” is inclusive Page 2 of 2 Incident Number 47989 October 24, 2023 North Carolina Department of Environmental Quality | Division of Waste Management Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | (704) 663-1699 of, but not limited to, private houses, apartment complexes, schools, nursing homes, parks, recreation areas and day care centers) as stipulated in the Notice of Residential Petroleum. Interested parties may examine the Soil Cleanup Report/ Site Closure Request by contacting this regional office and may submit comments on the site to the regional office at the address or telephone number listed below. This No Further Action determination applies only to the subject incident; for any other incidents at the subject site, the responsible party must continue to address contamination as required. 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 (919) 707-8171. If you have any questions regarding the actions that were taken or the rules mentioned in this letter, please contact Ryan Mills at Ryan.Mills@deq.nc.gov or at 704-235-2175. Sincerely, Ron Taraban Regional Supervisor Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: David Ezzell, Stanly County Health Department (Via Email) Nicole Long, Project Manager III, Environmental Project Manager, AECOM (Via Email)