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HomeMy WebLinkAboutMO-29928_49073_G_NORR_20230623 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 June 23, 2023 Sam’s Investments II, LLC 7935 Council Place Suite 200 Matthews, NC 28105-5000 Attn: Adnan Jazairi (Via Email) Re: Notice of Regulatory Requirements 15A NCAC 02L .0404 and 02L .0405 Risk-based Assessment and Corrective Action for Commercial Petroleum Underground Storage Tanks Sam’s Mart 109 391 West Plaza Drive Iredell County Incident Number: 49073 Risk Classification: Pending Ranking: Pending Dear Mr. Jazairi: Information received by this regional office of the Underground Storage Tank Section, Division of Waste Management, on June 15, 2023, confirms a release or discharge from a petroleum underground storage tank (UST) system at the above-referenced location. Records indicate that you are the owner or operator of this UST system. Therefore, as a responsible party, you must comply with the initial response and abatement action requirements of the Title 15A of the North Carolina Administrative Code (NCAC), Subchapter 02L .0404 and, if applicable, the assessment and reporting requirements of Title 15A NCAC 02L .0405, within the timeframes specified in the attached rules. If Title 15A NCAC 02L .0405 is applicable, you must comply with its requirements even if you do not receive formal notification from the UST Section. Initial abatement action requirements include the preparation and submittal of an Initial Abatement Action (IAA) Report, in accordance with Title 15A NCAC 02L .0404 and the most recent version of the Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement, within 90 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 02L .0103(e) and 02L .0111(e). Page 2 of 2 Incident Number 49073 Date 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 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 ("Notice") with the Register of Deeds in the county where the property is located (North Carolina General Statutes 143B-279.9 and 143B-279.11). 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. 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 must be taken or the rules mentioned in this letter, please contact me at Ryan.Mills@deq.nc.gov or at 704-235-2175. Sincerely, Ryan C Mills Environmental Program Consultant Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Brady Freeman, Iredell County Health Department (Via Email) Aaron Long, Principal Engineer, Excel Civil & Environmental Associates, PLLC (Via Email)