WS-9399_44618_C_NFA_20160229

C

PAT MCCRORY
Governor DONALD R. VAN DER
VAART Secretary
State of North Carolina | Environmental Quality | Waste Management
Winston-Salem Regional Office | 450 W. Hanes Mill Road, Suite 300 | Winston-Salem, NC 17105
336 776-9800 T

February 29, 2016 Ms. Maribel Araque
2 North Payne Street Lexington, North Carolina 27292
Re: Conditional Notice of No Further Action 15A NCAC 2L .0407(d)
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Araque Property, Maribel
138 Winchester Court Lexington, Davidson County
Incident Number (if applicable): 44618
Risk Classification: Low Ranking: L0R
Dear Ms. Araque:
Information received by the UST Section, Division of Waste Management, Winston-Salem Regional Office on January 9, 2016 and the Notice of Residual Petroleum received on February 4, 2016 have been reviewed. The review indicates that soil and groundwater contamination meet the cleanup requirements for a low-risk
noncommercial site under Title 15A NCAC 2L .0202 and .0400, as modified by Session Law 2015-241, but contamination exceeds the limits allowed for unrestricted closure of a site.

The UST Section determines the subject incident to be eligible conditionally for no further action status. However, final approval of no further action status is contingent on the filing of the approved NRP (attached) with the Register of Deeds in the county in which the release is located, verified by the receipt
of a certified copy of the filed NRP by this office; and on receipt of confirmation that public notice requirements have been completed, as described in the following paragraphs.

Be advised that, as contamination may exceed the groundwater quality standards established in Title 15A NCAC 2L .0202, groundwater within the area where contamination is present or is expected to migrate is
not suitable for use as a water supply. Be advised that as soil contamination may exceed the residential
MSCCs, the property containing the soil contamination is suitable only for restricted residential use ("residential" being inclusive of, but not limited to, private houses, apartment complexes, schools, nursing
homes, parks, recreation areas and day care centers), as stipulated in the Notice of Residual Petroleum (attached).
As groundwater contamination may exceed the groundwater quality standards established in Title 15A NCAC 2L .0202, and soil contamination may exceed the residential MSCCs, pursuant to NCGS 143B-279.9 and 143B-279.11, you must file the approved Notice of Residual Petroleum (attached) with the
Register of Deeds in the county in which the release is located and submit a certified copy to the UST Section within 30 days of receipt of this letter.

State of North Carolina | Environmental Quality | Waste Management
Winston-Salem Regional Office | 450 W. Hanes Mill Road, Suite 300 | Winston-Salem, NC 17105
336 776-9800 T

As groundwater contamination may exceed the groundwater quality standards established in Title 15A
NCAC 2L .0202, and soil contamination may exceed the lower of the residential or soil-to-groundwater
MSCCs, public notice in accordance with 15A NCAC 2L .0409(b) also is required. Thus, within 30 days of receipt of this letter, a copy of the letter must be provided by certified mail, or by posting in a prominent
place, if certified mail is impractical, to the local health director, the chief administrative officer of each
political jurisdiction in which the contamination occurs, all property owners and occupants within or contiguous to the area containing contamination, and all property owners and occupants within or
contiguous to the area where the contamination is expected to migrate. Within 60 days of receiving this
letter, this office must be provided with proof of receipt of the copy of the letter or of refusal by the addressee to accept delivery of the copy of the letter or with a description of the manner in which the letter
was posted. Interested parties may examine the incident file by contacting this regional office and may
submit comments on the site to the regional office at the address or telephone number listed below.
This conditional No Further Action determination will not become valid until the UST Section receives a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds and until public notice requirements are completed. Sincerely,
Carin Lee Kromm
Regional Supervisor Winston-Salem Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Davidson County Health Department Jason Ricks, Progress Environmental, Inc. [e-mail]

UST Regional Offices
Asheville (ARO) – 2090 US Highway 70, Swannanoa, NC 28778 [phone]
Fayetteville (FAY) – 225 Green Street, Suite 714, Systel Building, Fayetteville, NC 28301 [phone]
Mooresville (MOR) – 610 East Center Avenue, Suite 301, Mooresville, NC 28115 [phone]
Raleigh (RRO) – 1628 Mail Service Center, Raleigh, NC 27699 [phone]
Washington (WAS) – 943 Washington Square Mall, Washington, NC 27889 [phone]
Wilmington (WIL) – 127 Cardinal Drive Extension, Wilmington, NC 28405 [phone]
Winston-Salem (WS) – 450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105, [phone]
Guilford County Environmental Health, 400 West Market Street, Suite 300, Greensboro, NC 27401, [phone]