HomeMy WebLinkAboutWS-28494_47836_C_NFA_20230419_XPO Logistics NRP
North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road | Suite 300 | Winston-Salem,
NC 27105 | (336) 776-9800
April 18, 2023
Con-Way Transportation Services Inc
PO Box 4138
Portland, OR 97208
Re: Notice of No Further Action
15A NCAC 2L .0407(e)
Risk-based Assessment
and Corrective Action for
Petroleum Underground
Storage Tanks
XPO Logistics
438 W Bodenhamer St
Kernersville, Forsyth County, NC
UST Incident Number 24153, 47836, & 48198
Risk Classification: Low
Dear Con-Way Transport:
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 4/19/2023, the UST Section reviewed a certified copy of the Notice of Residual
Petroleum which is filed with the Register of Deeds on 4/10/2023 in book 3748 and page 1656-1658.
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
24153
April 19, 2023
North Carolina Department of Environmental Quality | Division of Waste Management
Winston-Salem Regional Office | 450 West Hanes Mill Road | Suite 300 | Winston-Salem,
NC 27105 | (336) 776-9800
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,
James Brown
Supervisor
Winston-Salem Regional Office
UST Section, Division of Waste Management, NCDEQ
CC: Forsyth County Manager, J. Dudley Watts, Jr. Fifth Floor, Forsyth County Government Center,
201 North Chestnut Street, Winston-Salem, NC 27101
Forsyth County Health Director, Mr. Joshua Swift, 799 North Highland Avenue, Winston-Salem,
NC 27101
Bodenhamer St Properties LLC, 110 Kendleton Place, Cary, NC 27518
Deer Hatch Construction, 1000 Deer Hatch Rd, Kernersville, NC 27284
Wynfield Ct Apartments, 3924 Browning Pl, Raleigh, NC 27609
Monte Lawson, 633 Dobson St, Kernersville, NC 27284
Shirley Walker, 639 Dobson St, Kernersville, NC 27284
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