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HomeMy WebLinkAboutMO-29837_48939_CA_UST-62_20230410 April 10, 2023 James J White IV, Registered Agent Nisbet Oil Company 1818 Baxter Street Charlotte, NC 28204-5367 (via email) Re: Notice of Regulatory Requirements 15A NCAC 2L .0405 Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Market Basket 19 1404 East Main Street, Lincolnton Lincoln County Incident Number: 48939 UST Number: MO-29837 Risk Classification: U Ranking: U Dear Mr. White: The 24-Hour Release and UST Leak Report form was received by the UST Section, Division of Waste Management, Mooresville Regional Office on March 8, 2023 and has been reviewed. The review indicates groundwater contamination exceeds the groundwater quality standards established in Title 15A NCAC 2L .0202 Therefore, the UST Section hereby confirms that you must comply with assessment and reporting requirements of Title 15A NCAC 2L .0405, within the timeframes specified in the rule. The requirements of Title 15A NCAC 2L .0405 include the preparation and submittal of a Limited Site Assessment (LSA) Report, in accordance with the rule and the most recent version of the UST Section Assessment Guidelines and UST Section Corrective Action Guidelines, within 120 days of discovery of the release. 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 of Environmental Quality in accordance with Title 15A NCAC 2L .0103(e) and 2L .0111(e). Please note that before you sell, transfer, or request a “No Further Action” determination for a property that has not been remediated to below “unrestricted use” standards, you must file a Notice of Residual Petroleum (NRP) with the Register of Deeds in the county where the property is located (NCGS 143B-279.9 and 143B-279.10). Failure to comply with the State's rules in the manner and time specified may result in the assessment of civil penalties and/or the use of other enforcement mechanisms. 6390 Received APR 10 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 Page 2 of 2 Incident Number 48939 April 10, 2023 Sincerely, 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 must be taken or the rules mentioned in this letter, please contact me at Ryan.Mills@ncdenr.gov or at 704-235-2175. Ryan Mills Environmental Program Consultant Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Lena H Jones, Lincoln County Health Department (via email) Joanna Alley, PE, Geological Resources Inc. (via email) James J White, Registered Agent (via email)