WS-3748_12330_G_ELIG_20091006_SL Referral Ltr

October 6, 2009

CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1140 0002 6735 3708
Kodell Shelton
4295 Highway 704 West Westfield, NC 27053
RE: State Lead Referral Notification Former Kodell’s Grocery Highway 89 Westfield, Stokes County, NC
DWM Incident #12330 Dear Mr. Shelton:
The Winston-Salem Regional Office (WSRO) has referred the subject site to the State Underground Storage Tank (UST) Trust Fund Branch, State Lead for inclusion on the list of sites awaiting cleanup. According to information available to the Trust Fund Branch, you owned and operated USTs at the referenced site that contaminated soil and groundwater at the property. Information available to the UST section indicates that you do not have the financial means to
conduct the required assessment or necessary remediation. Based on the presence of contamination remaining at the site, the subject property has been accepted by the State for inclusion to the list of sites awaiting State Lead cleanup. According to the information on file, you are considered to be an owner or operator of the USTs pursuant to G.S. 143-215.94A
The UST Section must inform you that we are mandated to seek the recovery of funds for costs related to all activities performed by the Trust Fund Branch in specific situations. Failure to pay these costs may result in the referral for cost recovery to the North Carolina Attorney General's Office.
To evaluate the condition of soil and groundwater at the site in the area of the former USTs, the Division of Waste Management will require access to the property. An access agreement for the purpose of collecting soil and groundwater samples is enclosed for your approval. Please understand that failure to allow access to the property could potentially make you responsible for the cleanup under other State and Federal regulations.
Contamination remains at the site and the site has not been remediated to unrestricted use. In
State Lead Referral Notification Former Kodell’s Grocery Westfield, NC
Incident #12330
October 6, 2009 Page 2 accordance with N.C.G.S. § 143B-279.11, properties affected with contaminants from USTs
cannot be conveyed or sold without first placing a “Notice of Residual Petroleum” on the
property deed. Instructions on filing a “Notice of Residual Petroleum” are available at http://ust.enr.state.nc.us/Guidance.html If the conditions of the access agreement are unacceptable, you may apply for eligibility to the
North Carolina Leaking Petroleum Underground Storage Tank Trust Fund as the landowner, pay
the appropriate deductible, and hire a consultant to handle the assessment and remediation activities. If you have any questions concerning this matter, please contact me at [phone] or Herb
Berger at [phone].
Sincerely,

George C. Matthis, Jr. Head, Trust Fund Branch UST Section

Attachments: Site Access Agreement C: Cindy Rintoul, WSRO Robert Davies, CO Josh Swift, Health Director, Stokes County, PO Box 187 Danbury, NC 27016
Leon Inman, Chairman, Stokes County, Board of County Commissioners Post Office Box 20 Danbury, North Carolina 27016
HB 12330 SL Referral Ltr