WS-7178_30604_G_ACCLTR_20110711_NCDOT_SecondRequest

From the desk of

Linda Blalock
NC DWM/UST Section
1637 Mail Service Ctr
Raleigh NC 27699
Ph: 919-733-1314
Fax: [phone]
TO:
Terry Fox, Project Manager
NCDOT Geotechnical Engineering Unit
Raleigh, NC

Subject: Site Access Agreement
Former Moss Auto Sales Property (TIP: U-3303B)
Parcel 014, SW Quadrant—South Mebane St/Alamance Rd

Terry,

In December 2006, we sent you the attached letter requesting access
to the above-referenced property to collect soil and groundwater
samples to determine the risk and extent of contamination at the
subject property. The site has been re-assigned to me and I can’t find a
copy of the signed access agreement. Would you mind signing the new
one I have enclosed so we can collect those samples? I’m anticipating
that the risk of the site will be low and we can close it.

If you have any questions, feel free to call me. Thanks--

Ms. Linda Blalock DWM UST Section
1637 Mail Service Ctr Raleigh, NC 27699-1637 Dear Ms. Blalock:
RE: Site Access Agreement Moss Auto Sales (TIP: U-3303B) Parcel 014, SW Quadrant—South Mebane St/Alamance Rd Burlington/Alamance County Incident #30604
I am/We are the owner(s) of a parcel of property, located at or near the incident in question, and hereby permit the Department of Environment and Natural Resources (Department) or its contractor to enter upon said property for the purpose of conducting an investigation of the groundwaters under the authority of G.S. 143-215.3(a)2.
I am/We are granting permission with the understanding that: 1. The investigation shall be conducted by the UST Section of the Department’s Division of Waste
Management or its contractor.
2. The costs of construction and maintenance of the site and access shall be borne by the Department or its contractor. The Department or its contractor shall protect and prevent damage to the surrounding lands.

3. Unless otherwise agreed, the Department or its contractor shall have access to the site by the shortest feasible route to the nearest public road. The Department or its contractor may enter upon the land at reasonable times and have full right of access during the period of the investigation.

4. Any claims which may arise against the Department or its contractor shall be governed by Article 31 of Chapter 143 of the North Carolina General Statutes, Tort Claims Against State Departments and Agencies, and as otherwise provided by law.
5. The information derived from the investigation shall be made available to the owner upon
request and is a public record, in accordance with G.S. 132-1.
Moss Auto Sales Incident/Incident #30604

6. The activities to be carried out by the Department or its contractor are for the primary benefit of the Department and of the State of North Carolina. Any benefits accruing to the owner are
incidental. The Department or its contractor is not and shall not be construed to be an agent,
employee, or contractor of the landowner. I/We agree not to interfere with, remove, or any way damage the Department’s well(s) or its
contractor’s well(s) and equipment during the investigation.
Sincerely,

_________________________________ Signature

_________________________________ Type/Print Name of Owner or Agent
_________________________________
Address _________________________________
Address
_________________________________ City/State/Zip Code

_________________________________ Phone Number

_________________________________ Date

April 10, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7005 0390 0001 3553 6881 Terry W. Fox
NC Department of Transportation
Geotechnical Engineering Unit GeoEnvironmental Section 1589 Mail Service Center Raleigh, NC 27699-1589
RE: State Lead Referral Notification Former Moss Auto Sales Southwest Quadrant-South Mebane Street & Alamance Road
Burlington, Alamance County NC DWM Incident # 30604 Dear Mr. Fox:
The Winston-Salem Regional Office has referred the subject site to the Underground Storage Tank (UST) Trust Fund Branch, State Lead program for inclusion on the list of sites awaiting cleanup. According to information available to the Trust Fund Branch, three orphaned 550-gallon underground storage tanks (UST) were removed from the site during November 2006. According to
the Winston-Salem Regional office of the UST Section, the owner or operator of the tanks is unknown or deceased. Soil samples collected following removal of the USTs indicate soil contamination remains at the site. Based on the presence of contamination remaining at the site, the subject property is being accepted by the Division of Waste Management for inclusion on the list of sites awaiting State Lead cleanup.
To evaluate the extent of contamination, it will be necessary to collect soil and groundwater samples at the property. To conduct the required assessment activities, the DWM will need permission from the North Carolina Department of Transportation to enter the property. An access agreement for the purpose of conducting the required assessment is attached for your review. Please sign the attached
site access agreement letter and return to the address indicated on the letter. Please understand that
State Lead Referral Notification Former Moss Auto Sales April 10, 2007
Page 2
failure to allow access to the property could potentially make the NCDOT responsible for the cleanup under other State and Federal regulations. In addition, if the conditions of the access agreement are unacceptable, you may apply for eligibility to the Commercial 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
cc: Cindy Rintoul, WSRO
Attachments Site Access Agreement 30604 SL Referral Notification Ltr
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT MICHAEL F. EASLEY, GOVERNOR William G. Ross Jr., SECRETARY Dexter R. Matthews, DIRECTOR UNDERGROUND STORAGE TANK SECTION
DIVISION OF WASTE MANAGEMENT/UST SECTION 1637 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1637
PHONE: [phone] \ FAX: [phone]
INTERNET: http://www.wastenot.enr.state.nc.us
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER

Herb Berger Hydrogeologist
DWM UST Section 1637 Mail Service Ctr Raleigh, NC 27699-1637 RE: Access Agreement
Former Moss Auto Sales
Southwest Quadrant-South Mebane Street & Alamance Road Burlington, Alamance County NC DWM Incident # 30604
Dear Mr. Berger: I am/We are the owner(s) of a parcel of property, located at or near the incident in question, and
hereby permit the Department of Environment and Natural Resources (Department) or its contractor to enter upon said property for the purpose of conducting an investigation of the groundwaters under the authority of G.S. 143-215.3(a)2. I am/We are granting permission with the understanding that:
1. The investigation shall be conducted by the UST Section of the Department’s Division of Waste Management or its contractor.
2. The costs of construction and maintenance of the site and access shall be borne by the Department or its contractor. The Department or its contractor shall protect and prevent damage to the surrounding lands.
3. Unless otherwise agreed, the Department or its contractor shall have access to the site by the shortest feasible route to the nearest public road. The Department or its contractor may enter upon the land at
reasonable times and have full right of access during the period of the investigation. 4. Any claims which may arise against the Department or its contractor shall be governed by Article 31 of Chapter 143 of the North Carolina General Statutes, Tort Claims Against State Departments and Agencies, and as otherwise provided by law.
5. The information derived from the investigation shall be made available to the owner upon request and is a public record, in accordance with G.S. 132-1.

6. The activities to be carried out by the Department or its contractor are for the primary benefit of the Department and of the State of North Carolina. Any benefits accruing to the owner are incidental.
The Department or its contractor is not and shall not be construed to be an agent, employee, or contractor of the land owner.
I/We agree not to interfere with, remove, or any way damage the Department’s well(s) or its contractor’s well(s) and equipment during the investigation.
Sincerely,
_________________________________ Signature
_________________________________
Type/Print Name of Owner or Agent
__________________________________ Phone Number

_________________________________ Address
_________________________________ City/State/Zip Code _________________________________
Date