HomeMy WebLinkAboutAS-3771_28895_G_ACCLTR_20230530_Dickens (002)North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street I 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200
ROY COOPER Governor ELIZABETH BISER
Secretary
MICHAEL SCOTT Director
NORTH CAROLINA Environmental Quality May 30, 2023
Morganton City Manager Sally Sandy Second Floor City Hall 305 E Union tree, Suite A100
Morganton, NC 28655 RE: State-Lead Acceptance
Former Dickens 111 N Green Street Morganton, Burke County, NC
Incident Number 28895 Dear Ms. Sandy: The Asheville Regional Office (ARO) has referred the subject release incident to the State Underground Storage Tank (UST) Trust Fund Branch, State-Lead Program for inclusion on the list of releases awaiting state-lead cleanup. In March 2009, soil and groundwater contamination was detected during removal of USTs. To date, the required assessment and cleanup of the release have not been completed due to the dissolution of the company that formerly owned the UST system,
recalcitrance of the former UST system owner, or death of the former UST system owner. Due to the potential presence of groundwater users within 1500 feet of the release and based on the confirmation of contamination remaining at the release location, the subject release incident is being accepted by
the State-Lead program for inclusion on the list of releases awaiting further assessment and cleanup and/or UST removal pursuant to G.S. 143-215.94G.
Currently, the risk of this release is "Low". An assessment and, if necessary, a cleanup, will be conducted as soon as funds are available to determine and alleviate impacts to the environment and human health. The State-Lead Program contractor must access the property to conduct assessment
and cleanup activities, which may include the installation and sampling of monitoring wells, cleanup activities, and/or removal or the UST(s). Pursuant to G.S. 143-215.94A, based on the information currently available in our files you are not considered to the responsible for the release. The UST Section would appreciate your approval for access to your property to conduct necessary assessment and cleanup activities. Please note that pursuant to 15A NCAC .0106(b), failure to allow the UST Section and/or their contractor to access your property to conduct the necessary assessment and cleanup activities may result in a determination that you are controlling an activity which results in the discharge of waste, and you may potentially be held responsible for assessment and cleanup of the contamination
North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street I 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200
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Please review and sign the access agreement that is included. You will be notified before assessment and/or cleanup activities begin.
Should there be any questions concerning this action, please contact Scott Ryals at (919) 707-8168 or via e-mail at scott.ryals@ncdenr.gov .
Sincerely,
Wayne Randolph, CPM
Trust Fund Branch Head
CC: Caroline Lafond, ARO (e-mail) Burke County Manager, Brian Epley, brian.epley@burkenc.org
Burke County Health Director, Danny Scalise, danny.scalise@burkenc.org citymanager@morgantonnc.gov
AS-3771_28895_G_ACCLTR_20230530_Dickens