MO-29837_49839_G_NORR_20230410_Notice of Regulatory Requirement

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

If you have any questions regarding the actions that must be taken or the rules mentioned in this letter,
please contact me at [e-mail] 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)
From:Mills, Ryan
To:[e-mail]
Cc:Joanna Alley; [e-mail]
Subject:NORR for Market Basket 19
Date:Monday, April 10, 2023 11:07:00 AM
Attachments:image001.pngMO-29837_48939_G_NORR_20230410_Notice of Regulatory Requirement.pdf
Please see the attached Notice of Regulatory Requirements requiring a Limited Site Assessment at
Market Basket 19.

If you have any questions please contact me at [e-mail].

Ryan Mills
Environmental Program Consultant, Division of Waste Management
UST Section – Corrective Action Branch
North Carolina Department of Environmental Quality
704.235.2175 (Office)
[e-mail]