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HomeMy WebLinkAboutAS-28476_47728_C_NFA_20230523_East Side Kwik NRP North Carolina Department of Environmental Quality | Division of Waste Management UST Section Central Office | 1646 Mail Service Center | Raleigh, NC 27699-1646 | (919) 707-8171 May 23, 2023 Krishnum 51 LLC 1208 Spring Drive Shelby, NC 28150 Re: Notice of No Further Action 15A NCAC 2L .0407(e) Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks East Side Kwik Mart 501 Lineberger St Shelby, Cleveland County, NC UST Incident Number 47728 Risk Classification: Low Dear Krishnum 51 LLC: A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste Management, Winston-Salem Regional Office indicates that soil and groundwater contamination meet the cleanup requirements for a low-risk release under Title 15A NCAC 2L .0202 and .0400, but contamination exceeds the limits allowed for the unrestricted use of a site were closed under risk-based cleanup standards. The UST Section determines that no further action is warranted for this incident. All required actions have been completed. On 5/23/2023, the UST Section reviewed a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds on 5/17/2023 in book 1898 and page 1678-1679. This determination shall apply unless the UST Section later finds that the discharge or release poses an unacceptable risk or a potentially unacceptable risk to human health or the environment. Pursuant to Title 15A NCAC 02L .0407(a) you have a continuing obligation to notify the Department of any changes that might affect the risk or land use classifications that have been assigned. Be advised that as groundwater contamination exceeds the groundwater quality standards established in Title 15A NCAC 02L .0202, groundwater within the area of contamination or within the area where groundwater contamination is expected to migrate is not suitable for use as a water supply. Be advised that as soil contamination exceeds the residential MSCCs, the property containing the contamination is suitable only for industrial/ commercial use or restricted residential use (The term "residential is 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).. Page 2 of 2 47728 May 22, 2023 North Carolina Department of Environmental Quality | Division of Waste Management UST Section Central Office | 1646 Mail Service Center | Raleigh, NC 27699-1646 | (919) 707-8171 Interested parties may examine the site file information 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 No Further Action determination applies only to the subject incident; for any other incidents at the subject site, the responsible party must continue to address contamination as required. If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Funds, please contact the UST Section Trust Fund Branch at (919) 707-8171. If you have any questions regarding this notice, please contact me at the address or telephone number listed below. Sincerely, Wayne Randolph, CPM Branch Head Trust Fund Branch UST Section, Division of Waste Management, NCDEQ CC: Cleveland County Manager: Todd Carpenter, todd.carpenter@clevelandcounty.com Health Director: Tiffany Hansen, Tiffany.Hansen@clevelandcountync.gov Caroline LaFond, ARO Eastside Kwik Mart LLC, 501 Lineberger St, Shelby, NC 28150 Carlos Palencia, 717 Edgegreen Drive, Charlotte, NC 28217 AS-28476_47728_C_NFA_20230523_East Side Kwik NRP