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HomeMy WebLinkAboutWS-29005_48198_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 WS-6388_24153_C_NFA_20230419_XPO Logistics NRP WS-28494_47836_C_NFA_20230419_XPO Logistics NRP WS-29005_48198_C_NFA_20230419_XPO Logistics NRP