20281_NOV - Phase II EA Review_20190508

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
May 9, 2019
CERTIFIED MAIL7016 1370 0000 2592 8429
RETURN RECEIPT REQUESTED
Mr. William Wolhar, President
Consos, Inc.
5021 Statesville Road
Charlotte, North Carolina 28269
Subject: NOTICE OF VIOLATION
Title 15A NCAC Subchapter 2L
Groundwater Quality Violations
Groundwater Incident #20281 /
Spray Irrigation Permit #3605
Consos, Inc.
5021 Statesville Road, Charlotte
Mecklenburg County
Dear Mr. Wolhar:
The following Notice of Violation is being submitted to you based upon on review of a Phase II
Environmental Assessment conducted for the Dillon Lakes Property that included portions of
land associated with Consos' former Spray Irrigation Permit noted above. Contaminated soil and
groundwater were identified during the assessment associated with the former spray irrigation
operation. This letter is to formally notify you of violations of 15A NCAC 2L (Groundwater
Quality Standards) and to advise you of what you are required to do to correct these violations.
This notice documents a violation of the North Carolina groundwater standards as identified in
analytical results received by this office on February 26, 2019.
Specific violations of 15A NCAC 2L .0103(d) - No person shall conduct or cause to be
conducted any activity which causes the concentration of any substance to exceed that specified
in 15A NCAC 2L .0202 - are as follows:
D Q
� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NOAn-icJwauNn i
nwm,em of eem—woviRv 704,663.1699

Well No.
Date
Constituent
Concentration
NC Standard
Class
TW-1
5-15-2015
Carbon
tetrachloride
23.8 ug/L
0.3 ug/L
GA
DPT-5 GW
3-16-2018
Chloroform
400ug/L
70 ug/L
GA
TW-3
5-15-2015
1,2-dichloropropane
132ug/L
0.6 ug/L
GA
(1,2-DCP)
TW-1
5-15-2015
Tetrac
441ug/L
0.7 ug/L
GA
(1PoroEe)hylene
TW-1
5-15-2015
Trichloroethylene
80.5ug/L
3 ug/L
GA
(TCE)
TW-3
5-15-2015
Vinyl chloride
4.8ug/L
0.03 ug/L
GA
TW-1
5-15-2015
Zinc
1,789 ug/L
1,000 ug/L
GA
DPT-1 GW
3-19-2018
Manganese
398 ug/L
50 ug/L
GA
The reported constituent concentrations exceed those standards for CLASS GA waters,
established in 15A NCAC 2L .0202. Due to these violations, you are required to take the
following actions in accordance with applicable provisions in 15A NCAC 2L .0106 (c):
Take immediate action to eliminate the source or sources of contamination;
2. Submit a report to the Mooresville Regional Office assessing the cause, significance
and extent of the violation; and
Implement an approved corrective action plan for restoration of groundwater quality
in accordance with a schedule established by the Director, or his designee. In
establishing a schedule, the Director, or his designee shall consider any reasonable
schedule proposed by the person submitting the plan. A report shall be made to the
Health Director of the county or counties in which the contamination occurs in
accordance with the requirements of Rule .0114(a) in this section.
Please note that the site assessment required by 15A NCAC 2L .0106(g), and conducted pursuant
to requirements of Paragraph (c) of this Rule, shall include the following:
1. The source and cause of contamination;
2. Any imminent hazards to public health and safety and actions taken to mitigate them in
accordance with Paragraph (f) of this Rule;

3. All receptors and significant exposure pathways;
4. The horizontal and vertical extent of soil and groundwater contamination and all significant
factors affecting contaminant transport; and
5. Geological and hydrogeological features influencing the movement, chemical, and physical
character of the contaminants.
6. To assist you in conducting the investigation and preparing the Comprehensive Site
Assessment (CSA), please consult the Division of Water Resources Guidelines for the
Investigation and Remediation of Soil and Groundwater Contamination 2017. In the event
that the CSA shows impact to soils or groundwater, the Mooresville Regional Office may
require you to submit additional information and/or develop and implement a Corrective
Action Plan (CAP) in accordance with Title 15A NCAC 2L .0106.
Your assessment report must be submitted to the Mooresville Regional Office for review on or
before August 16, 2019. Within 15 days of receipt of this notice, please confirm in writing your
intent to comply with the above requirements by specifying the actions you plan to undertake to
correct the violations and by submitting a proposed schedule for accomplishing these actions.
Failure to submit the required reports or failure to expeditiously eliminate the contaminant
source and restore groundwater quality in the affected area may result in the recommendation of
enforcement action.
Please be aware that fines may be imposed under NCGS 143-215.6A(a)(1) of not more than
$25,000 per violation of any classification, standard, limitation or management practice
established pursuant to G.S. 143-214.1. Additional action may include the issuance of a special
order against you under the authority of G.S. 143-215.2, or a request to the Attorney General to
institute an action for injunctive relief. If any failure to act is continuous, penalties may be
assessed not to exceed a maximum penalty of $25,000 per day per violation under NCGS 143-
215.6A(b) so long as the violation continues.

We appreciate your attention and prompt response in this matter. Your response and/or
questions should be directed to Edward Watson of the Mooresville Regional Office at (704) 663-
1699, or by email to edward.watsonkncdenngov.
Sincerely,
CA
DocuSigned by:
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F161 FB69A2D84A3...
Andrew H. Pitner, P.G.
Assistant Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WQROS Central Office (via laserfiche)
Mecklenburg County Health Department