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HomeMy WebLinkAboutMO-28918_48122_C_NFA_20230809 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 August 9, 2023 Joey Rusher Rusher Oil Company, Inc. 2201 Executive Park Drive Salisbury, NC 28147 Re: Notice of No Further Action 15A NCAC 02L .0407(e) Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Liberty Rushco 18 (Former) 1190 Long Ferry Road, Salisbury Rowan County Incident Number: 48122 Risk Classification: Low Dear Mr. Rusher: A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste Management, Mooresville Regional Office indicates that groundwater contamination meets 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 November 16, 2022, the UST Section received a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds in book 1413 on page 380. On November 16, 2022, 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 within the area where groundwater contamination is expected to migrate is not suitable for use as a water supply. Page 2 of 2 Incident Number 48122 August 9, 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 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 Funds, 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: Adrian Pruett, Rowan County Health Department (Via Email) Sam McKay, III, P.G., Geological Resources, Inc. (Via Email)