HomeMy WebLinkAboutWS-29760_48878_C_NFA_20230227_NFAI
February 27, 2023
Chris Chilton
4307 Whippoorwill Drive
Greensboro, NC 27407
Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(e)
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
Norma May Chilton Estate Property
4202 Green Point Drive
Greensboro, Guilford County
Incident Number (if applicable): 48878
Risk Classification: Low
Ranking: L60D
Dear Mr. Chilton:
Information received by the UST Section, Division of Waste Management, Winston-Salem Regional Office
on February 13, 2023 and the Notice of Residual Petroleum received on February 24, 2023 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 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 with the Register of
Page 2 of 2
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.
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.
If you have any questions regarding the actions that must be taken or the rules mentioned in this letter,
please contact Jordan Lerew at the Guilford County Department of Health and Human Services, 400 W.
Market Street, Suite 300, Greensboro, NC 27401 or (336) 641-3541.
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,
James W. Brown
Regional Supervisor
Winston-Salem Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Guilford County Department of Health and Human Services
Bob Payne, Cedar Rock Environmental Consultants, P.C., cedarrockenv@gmail.com
Chris Chilton, cchilton@triad.rr.com