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HomeMy WebLinkAboutAS-411_6404_G_ACCLTR_20230519_Lenoir MufflerNorth 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 22, 2023 MH Properties LLC 1313 Nixon Heights Denver, NC 28037 RE: State-Lead Acceptance Former Lenoir Muffler Shop 681 Connelly Springs Road Lenoir, Caldwell County, NC Incident Number 6404 Dear MH Properties 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 December 1990, soil and groundwater contamination was detected during removal of USTs (See image below). 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 . 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) Caldwell County Manager, Donald Duncan, arich@caldwellcountync.org Caldwell County Health Director, Anna Martin, amartin@caldwellcountync.org AS-411_6404_G_ACCLTR_20230519_Lenoir Muffler