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North Carolina Department of Environmental Quality | Division of Waste Management
Guilford County Environmental Health | 400 West Market Street | Suite 300 |
Greensboro, NC 27401 | (336) 641-3771
December 12, 2022
Guilford County Board of Education
Attn: David Kemp
131 Franklin Street
Greensboro, NC 27405
Re: Notice of Regulatory Requirements
NCGS 143B-279.9 and 143B-279.11
Notice of Residual Petroleum
Guilford Co. Bus Garage - C
131 Franklin Blvd
Greensboro, Guilford County
Incident Number: 48452
Risk Classification: Low
Ranking: L92D
Dear Mr. Kemp:
North Carolina General Statute (NCGS) 143B-279.9 and 143B-279.11 require a Notice of Residual
Petroleum (Notice) to be filed with the Register of Deeds in Guilford County, where the release is located,
when a release from an underground storage tank has not been remediated to below “unrestricted use
standards”. The Notice is required either prior to conveyance of a contaminated property or prior to
receiving a Notice of No Further Action. “Unrestricted use standards” for groundwater are the groundwater
quality standards and interim standards contained in Title 15A NCAC 2L .0202, and “unrestricted use
standards” for soil are the residential maximum soil contaminant concentrations (MSCCs) established in
Title 15A NCAC 2L .0411.
The Notice must be prepared in accordance with the attached instructions and format. It must contain a
legal description of the property containing the source of contamination and legal descriptions of any other
properties which you own (or control) which are contaminated by the release. The Notice must also include
appropriate land use restrictions for these properties. In addition, the Notice must identify all other
properties (adjacent, adjoining, downgradient, etc.) on which contamination is known to exist at the time
the Notice is prepared.
The Notice must be sent to this regional office of the UST Section within 30 days of the date of this letter
for approval and notarization. The approved and notarized Notice must then be filed by you with the
Register of Deeds, and a certified copy of the filed Notice must be submitted to this office within 30 days
of its return to you.
The Department of Environmental Quality requires that all work following the submittal of the Limited
Site Assessment Report (Title 15A NCAC 2L .0405) be preapproved if State Trust Fund reimbursement is
anticipated. To comply with this requirement, a completed Preapproval/Claim Authorization Form,
encompassing the required remedial activities, must be received in this office within 14 days of the date of
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48452
12/12/22
North Carolina Department of Environmental Quality | Division of Waste Management
Guilford County Environmental Health | 400 West Market Street | Suite 300 |
Greensboro, NC 27401 | (336) 641-3771
this letter. Upon completion of the preapproved activities, you should submit your claim promptly.
Reimbursement funds are budgeted based on completed preapprovals, but lengthy delays in reimbursement
can occur if claims are not submitted immediately following work completion.
Failure to comply with this letter is a violation of North Carolina law and may result in the assessment of
civil penalties and/or the use of other enforcement mechanisms available to the state. If you have any
questions regarding the actions that must be taken or the rules mentioned in this letter, please contact
Jordan Lerew at 400 W. Market Street, Suite 300, Greensboro, NC 27401 or by telephone at (336) 641-
3541.
Sincerely,
James W. Brown
Regional Supervisor
Winston-Salem Regional Office
UST Section, Division of Waste Management, NCDEQ
Attachment: Instruction for Preparing Notice of Residual Petroleum
Cc: Guilford County Department of Health and Human Services
David Kemp, Guilford County School District, kempt@gcsnc.com
Wayne Watterson, S&ME Inc., WWatterson@smeinc.com
Cody McMechen, S&ME, Inc., cmcmechen@smeinc.com