MO-3872_10782_M_DENR_20230425_Potential Buyer Letter

April 25, 2023
RE: Prospective Buyer Statement
Jones Grocery
1156 E Memorial Hwy
Harmony, Iredell County, NC
Incident Number 10782
Dear Prospective Buyer
In April 2017, the Underground Storage Tank (UST) Section was notified that a release of petroleum had occurred at the subject site during tank removal activities in August 1993. At
this time, assessment activities have been completed and sampling for the determination of site closure is underway.
Under the UST Program, if a landowner, adjoining landowner, or potential buyer does not have a connection to the release, meaning they were not the tank owner or operator at the time
of the release, then the UST Section does not hold them responsible for the cleanup. Any future property owner or adjoining owner will not be considered a responsible party for the
current release and would only be expected to continue to allow access to the State for their continued work. There are other state and federal laws, such as General Statute § 143.215.85,
that could potentially become applicable. However, in the 20 years that I have been with the UST Section I have not witnessed an instance of these other laws being invoked.
As of the last sampling event, there is groundwater contamination remaining onsite, but the risk of the site can be lowered from “High” to “Intermediate”. There are no plans for any
invasive work other than the injection of bio remedial compounds in the former tank location.Unfortunately, a time for closure cannot be estimated at this time without the installation
of some additional monitoring wells. Any new property owner will need to continue to allow the UST Section reasonable access to the site to allow for the required remediation. In accordance
with the approval granted by the current owner, the contaminated area can be sub-divided off and the remaining property developed without any involvement by the State should the space
allow. The UST Section will gladly work with you to the extent practicable to facilitate any redevelopment plans for this property.
Please feel free to contact me at [phone] or at [e-mail] if you have any questions.
Sincerely,
Scott Ryals, P.E., CEE
UST Trust Fund Branch