HomeMy WebLinkAboutMO-29875_48969_C_NFA_20230428_Conditional No Further ActionMay 1, 2023
William Wyatt
640 Stirewalt Road
China Grove, NC 28023
(Via Email)
Re: Conditional Notice of No Further Action 15A NCAC 2L .0407(e)
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
William Wyatt Property
640 Stirewalt Road
China Grove, Rowan County
Incident Number: 48971
Risk Classification: Low
Dear Mr. Wyatt:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste Management, Mooresville 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 where closed under risk-based
cleanup standards.
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
Notice of Residual Petroleum (NRP) 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 receipt of
confirmation that public notice requirements have been completed, as described below.
Be advised that, as contamination may exceed the groundwater quality standards established in
Title 15A NCAC 2L .0202, groundwater within the area where contamination is present or is expected to
migrate is not suitable for use as a water supply. Be advised that as soil contamination may exceed the
residential MSCCs, the property containing the soil contamination is suitable only for industrial/commercial use.
As groundwater contamination may exceed the groundwater quality standards established in Title
15A NCAC 2L .0202, and soil contamination may exceed the residential MSCCs, pursuant to NCGS
143B-279.9 and 143B-279.11, you must file the approved plat and declaration for a Notice of Residual
Petroleum 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 may exceed the groundwater quality standards established in Title
15A NCAC 2L .0202, and soil contamination may exceed the lower of the residential or soil-to-
groundwater MSCCs, public notice in accordance with 15A NCAC 2L .0409(b) also is required. Within
30 days of receipt of this letter, a copy of this letter must be provided by certified mail (or otherwise be
made available 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 (June 30, 2023) of receiving this letter, this regional office must be provided with
documentation showing that each party included in the listing above either received or affirmatively
refused to accept delivery of the copy of the letter, and/or documentation describing the manner in which
the letter was publicly posted, where applicable. Interested parties may examine information on file for
this site by contacting this regional office and may submit comments about 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 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 Ryan.Mills@ncdenr.gov or at
704-235-2175.
Sincerely,
Ryan C Mills.
Environmental Program Consultant
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
cc: Adrian Pruett, Rowan County Health Department (Via Email)
Josiah Payne, L.G., Cedar Rock Environmental (Via Email)