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HomeMy WebLinkAboutWS-5115_17541_G_ACCAGMT_20230607_MichaelBeck_newowner June 7, 2023 Mr. Michael Beck 22650 NC Highway 109 South Denton, NC 27239 RE: L&S Manufacturing 22650 NC Highway 109 South Denton, Davidson County Incident #: 17541 Dear Mr. Beck: In 2010, the Winston-Salem Regional Office (WSRO) referred the subject site to the State Underground Storage Tank (UST) Trust Fund Branch, State-Lead Program for inclusion on the list of sites awaiting cleanup. The reason? On January 27, 1997, a release of petroleum compounds was detected during a bank-sponsored assessment of the subject site. To date, the required assessment and remedial requirements have not been completed due to the bankruptcy and dissolution of the responsible party—L&S Manufacturing Company, Inc. Due to the potential presence of groundwater users within 1,500 feet of the site and based on the confirmation of contamination remaining at the site, the subject property was accepted by the State for inclusion to the list of sites awaiting State-lead cleanup. According to information on file, you are not considered the current/former owner or operator of the former UST system pursuant to G.S. 143-215.94A. At this time, the risk of this site is "High" and a remedial investigation will be conducted as soon as funds are available to determine the potential impacts to the environment and human health. We need to conduct Phase I Limited Site Assessment to properly determine the risk of the site. The UST Section and its contractor will need to access the subject property to conduct assessment and remedial activities necessary to protect human health and the environment. Mr. Michael Beck Page 2 June 7, 2023 Please sign the enclosed site access agreement and return it in the SSAE provided. OR, you can scan it and email to me at the email address in the next paragraph. Understand that failure to allow access to the property could potentially make you responsible for the cleanup under other State and Federal regulations. You will be notified when assessment and/or remedial activities begin. Please feel free to contact me at 919-522-7955 (my cell phone) or via e-mail at linda.blalock@deq.nc.gov (best way to reach me) if you have any questions. Sincerely, Linda L. Blalock Environmental Engineer Federal Trust Fund Unit UST Section Enclosures: Access Agreement w/SSAE Ms. Linda Blalock DWM UST Section 1637 Mail Service Ctr Raleigh, NC 27699-1637 Dear Ms. Blalock: RE: Site Access Agreement L&S Manufacturing 22650 NC Hwy 49 S Denton, Davidson County, NC Incident #: 17541 I am/We are the owner(s) of a parcel of property, located at or near the incident in question, and hereby permit the Department of Environment and Natural Resources (Department) or its contractor to enter upon said property for the purpose of conducting an investigation of the groundwaters under the authority of G.S. 143-215.3(a)2. I am/We are granting permission with the understanding that: 1. The investigation shall be conducted by the UST Section of the Department’s Division of Waste Management or its contractor. 2. The costs of construction and maintenance of the site and access shall be borne by the Department or its contractor. The Department or its contractor shall protect and prevent damage to the surrounding lands. 3. Unless otherwise agreed, the Department or its contractor shall have access to the site by the shortest feasible route to the nearest public road. The Department or its contractor may enter upon the land at reasonable times and have full right of access during the period of the investigation. 4. Any claims which may arise against the Department or its contractor shall be governed by Article 31 of Chapter 143 of the North Carolina General Statutes, Tort Claims Against State Departments and Agencies, and as otherwise provided by law. 5. The information derived from the investigation shall be made available to the owner upon request and is a public record, in accordance with G.S. 132-1. L&S Manufacturing/Incident #17541 Incident Manager: Linda Blalock 6. The activities to be carried out by the Department or its contractor are for the primary benefit of the Department and of the State of North Carolina. Any benefits accruing to the owner are incidental. The Department or its contractor is not and shall not be construed to be an agent, employee, or contractor of the landowner. I/We agree not to interfere with, remove, or any way damage the Department’s well(s) or its contractor’s well(s) and equipment during the investigation. Sincerely, _________________________________ Signature _________________________________ Type/Print Name of Owner or Agent _________________________________ Address _________________________________ Address _________________________________ City/State/Zip Code _________________________________ Phone Number _________________________________ Date __________________________________ Email Address