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HomeMy WebLinkAboutMO-30159_49214_G_NORR_20230516_Request for IAR
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
May 16, 2023
BCA Property Management, LLC
Attn: William Atwell
117 Harbour Drive
Hubert, NC 28539
Re: Notice of Regulatory Requirements
15A NCAC 02L .0404 and 02L .0405
Risk-based Assessment and Corrective Action
for Commercial Petroleum Underground Storage
Tanks
BCA Property Management, LLC
280 Ervin Woods Drive
Rowan County
Incident Number: 49005
Risk Classification: Pending
Ranking: Pending
Dear Mr. Atwell:
Information received by this regional office of the Underground Storage Tank Section, Division of Waste
Management, on April 14, 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. (Be aware that 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 49005 May 16, 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
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@ncdenr.gov or 704-235-2175.
Sincerely,
Ryan C Mills
Environmental Program Consultant
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Adrian Pruett, Rowan County Health Department (Via Email)
Jonathan R. Grubbs, P.G., Terraquest Environmental Consultants, P.C. (Via Email)