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HomeMy WebLinkAboutMO-88795_95827_G_NORR_20200820_Notice of Regulatory RequirementsROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director Colonial Pipeline Company 7524 Kenstead Circle Charlotte, NC 28214 Attention: John Culbreath Mr. Culbreath: NORTH CAROLINA Environmental Quality August 20, 2020 Re: Notice of Regulatory Requirements 15A NCAC 2L .0504 and 2L .0505 Risk -based Assessment and Corrective Action for Petroleum Aboveground Storage Tanks and Other Petroleum Sources Colonial Pipeline SR2448 SR 2488/Pipeline ROW Huntersville, NC Incident: 95827 Risk Classification: High Information received by this regional office of the Underground Storage Tank Section (UST Section), Division of Waste Management, on August 14, 2020, confirms a release or discharge of petroleum at the above -referenced location. Furthermore, this office has determined that you are the responsible party for the assessment and cleanup of the release or discharge. As the 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 2L .0504 and, if applicable, the assessment and reporting requirements of Title 15A NCAC 2L .0505, within the timeframes specified in the attached rules. (Be aware that if Title 15A NCAC 2L .0505 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 Assessment Report (IAR), in accordance with Title 15A NCAC 2L .0504 and the most recent version of the Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for Non -UST Petroleum Releases, within 90 days of discovery of the release. NORTRCAROLI D E Q�1 ne lb_d a e mme_bl 4ux11ry North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 704.663.1699 In order to facilitate free phase product removal at the source of the release, the UST Section requires that prior to finalization of the repair of the affected portion of the pipeline and subsequent backfill of the area, that recovery points be established as close to the pipeline/source as possible. Casings should be set from the base of the excavation to the ground surface, to allow safe access for the drilling of recovery wells. Also, co -incident with finalization of repairs, the UST Section advises the construction of an interceptor trench with multiple extraction points downgradient of the release source area to facilitate removal of free phase product and petroleum -impacted groundwater and limit contaminant migration. 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(b). 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 Contaminated Site or Notice of Residual Petroleum with the Register of Deeds in the county where the property is located (North Carolina General Statutes 143B-279.9, and 143B-279.10 or 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 the actions that must be taken or the rules mentioned in this letter, please contact me at the address or telephone number listed below. Sincerely, Daniel Bowser, PG Hydrogeologist UST Section, Division of Waste Management, NCDEQ Mooresville Regional Office (704)235-2172 Cc: Jeff Morrison, Colonial Pipeline John Wyatt, Colonial Pipeline Robert Hughes, Colonial Pipeline Michael Scott, NCDEQ Vance Jackson, NCDEQ Scott Bullock, NCDEQ Ron Taraban, NCDEQ Laura Leonard, NCDEQ Wayne Randolph, NCDEQ Shawna Caldwell, LUESA- Mecklenburg County Health Department N RTH AR 1 D E Q�1 O C Ol. oepelbeM d �ronmenbi 4ua11ry North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 704.663.1699