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HomeMy WebLinkAboutWS-28371_47623_C_NFA_20210525 May 25, 2021 Quality Oil Company, LLC Mr. Jon Shutt P.O. Box 2736 Winston-Salem, NC 27127 Re: Conditional Notice of No Further Action 15A NCAC 2L .0407(d) Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Quality Mart #42 1465 River Ridge Road, Clemmons Forsyth County Incident Number: 47623 Risk Classification: Low Ranking: L90A Dear Mr. Shutt: The Limited Site Assessment received by the UST Section, Division of Waste Management, Winston- Salem Regional Office on March 31, 2021 and the Notice of Residual Petroleum received on May 11, 2021 have been reviewed. The review indicates that soil contamination exceeds the residential maximum soil contaminant concentrations (MSCCs) established in Title 15A NCAC 2L .0411 and groundwater contamination meets the cleanup requirements for a low-risk site but exceeds the groundwater quality standards established in Title 15A NCAC 2L .0202. 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 (attached) 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 groundwater contamination exceeds the groundwater quality standards established in Title 15A NCAC 2L .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). As groundwater contamination exceeds the groundwater quality standards established in Title 15A NCAC 2L .0202 and soil contamination exceeds the residential MSCCs, pursuant to NCGS 143B-279.9 and 143B- 279.11, you must file the approved Notice of Residual Petroleum (attached) with the Register of 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 exceeds the groundwater quality standards established in Title 15A NCAC 2L .0202 and soil contamination exceeds the lower of the soil-to-groundwater or residential 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 Soil Cleanup Report/ Site Closure Request 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 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. If you have any questions regarding this notice, please contact me at the address or telephone number listed below. Sincerely, Karen J. Hall Environmental Sr. Specialist Winston-Salem Regional Office UST Section, Division of Waste Management, NCDEQ Attachments: Notice of Residual Petroleum cc: Forsyth County Health Department Winston-Salem Regional Office | 450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105 | (336) 776-9800