MO-28622_47861_G_O_20230111_STATELEADRECOMMENDATION

RECOMMENDATION OF SITE FOR STATE LEAD CLEANUP
Incident Name: Mountain Village Pantry UST #: MO-28622 Incident #: 47861
Site Address: 2302 Dallas-Cherryville HIghway Site Priority Risk/Rank: Unknown
City: Dallas County: Gaston
Current Landowner: Dustin Smithers Address: 2304 Dallas-Cherryville Highway, Dallas 2803
Recommended by: Brad Newton Region: MOR Date of Last Site Visit: NA

Step 1: Private/Public water supply well within 1000’ ☐ yes ☐ no
Has a water supply been contaminated? ☐ yes ☐ no
Has alternate water been provided? ☐ yes ☐ no
Step 2: This incident is recommended for State Lead Cleanup because (check all that apply):
☐ The RO has not been able to positively identify the source(s) of contamination
☐ The RO has not been able to positively identify the RP
☒ The RO has positively identified the source(s) but RP cannot be located, or is deceased/dissolved
☐ The RP has been identified but refuses to comply with investigative requirements
☐ The RP has been identified but claims financial hardship or bankruptcy
☐ The RO is continuing its investigation of sources and RPs, but immediate action is necessary to protect
human health and the environment. (Additional detail in comments below.)
Step 3: Attach a statement documenting or supporting the site risk determination (RRA Form) based upon a confirmed
UST release of petroleum to soil and/or groundwater.
Step 4: Attach cover memo with a summary of site history and chronology of events, including RO actions taken to date.
Step 5: Attach or provide a link to scans of the entire original Regional Office file, and be sure it includes:
☐ 24-Hour Release and UST Leak Reporting Form (Form 61) and ranking forms
☒ Topographic map with site location clearly identified
☒ NORRs, NOVs, and any other correspondence issued and received
☐ Alternate water requests and any information on available water sources
☐ Telephone logs and any supplemental information
Step 6: Check all that apply for any UST located at the site:
☐ UST is a heating oil tank 100 gallons or less
☐ UST is a heating oil tank greater than 1100 gallons for four or fewer households
☐ UST is a farm or residential, 1100 gallons or less of motor fuel for non-commercial purposes
☐ The UST is a non-regulated, commercial UST
☒ The UST is a regulated, commercial UST
Comments: The listed UST owner is incorrect. The USTs were taken out of use prior to 2010, under the ownership Of Mountain Village Pantry, Inc. The property was owned my Dustin Smither’s father at the time. Several years after
he passed away, the PIB inspector told Mr. Smithers that he was required to list himself as the UST owner, which Mr.
Smithers did. Acting under incorrect instructions from PIB does not make Mr. Smithers the RP. CAB contends that
Mountain Village Pantry, Inc., is the RP. They have submitted articles of dissolution to the Secretary of State.

Ron H. Taraban
Ronald H. Taraban 1-11-23
Regional Supervisor Signature Date

Attachment: Incident File ☐

(Revised October 2018)