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HomeMy WebLinkAboutWS-7868_37270_G_ACCLTR_20081121NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT Michael F. Easley, Governor William G. Ross Jr., Secretary Dexter R. Matthews, Director DIVISION OF WASTE MANAGEMENT/UST SECTION 1637 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1637 PHONE: 919-733-8486 \ FAX: 919-733-9413 INTERNET: http://www.wastenot.enr.state.nc.us AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER November 21, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2150 0000 3312 7638 Mr. & Mrs. Robert Holloway 6712 Hwy 21 South Glade Valley, NC 28627-9737 RE: Holloway Property 6712 Hwy 21 South Glade Valley/Alleghany County Incident #: 37270 Dear Mr. & Mrs. Holloway: The Winston-Salem Regional Office (WSRO) has referred the subject site to the State Underground Storage Tank (UST) Trust Fund Branch, Federal-lead Program for inclusion on the list of sites awaiting cleanup pursuant to G.S. 143-215.94G(a). In April, 2008, the NC Department of Transportation conducted a preliminary site assessment on the subject property and minor petroleum- contaminated soil was detected. Due to the presence of groundwater users within 1500 feet of the site and based on the confirmation of contamination remaining at the site, the subject property is being accepted by the State for inclusion to the list of sites awaiting Federal-lead cleanup. According to the information on file, you are not considered to be an owner or operator of the USTs pursuant to G.S. 143-215.94A. To determine the current risk posed by the contamination at the subject property, the UST Section will need to access your property. Access may also be needed to conduct all reasonable and necessary assessment and remedial activities to protect human health and the environment. Therefore, please read and sign the enclosed site access agreement and return to this office within 15 working days of the receipt of this letter. A stamped, self-addressed envelope is enclosed for your convenience. Please 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. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT Michael F. Easley, Governor William G. Ross Jr., Secretary Dexter R. Matthews, Director DIVISION OF WASTE MANAGEMENT/UST SECTION 1637 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1637 PHONE: 919-733-8486 \ FAX: 919-733-9413 INTERNET: http://www.wastenot.enr.state.nc.us AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER Should there be any questions concerning this action, please feel free to contact the project manager, Linda Blalock, at (919) 733-1314 or via e-mail at Linda.Blalock@ncmail.net. Sincerely, George C. Matthis, Jr. Head, Trust Fund Branch UST Section Enclosures: Access Agreement w/SSAE cc: Karen Hall, WSRO cc: Danny Staley, Appalachian District Health Director Roger Hipp, Environmental Health Specialist Don Adams, Alleghany County Manager Bryan Edwards, Sparta Town Manager NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT Michael F. Easley, Governor William G. Ross Jr., Secretary Dexter R. Matthews, Director DIVISION OF WASTE MANAGEMENT/UST SECTION 1637 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1637 PHONE: 919-733-8486 \ FAX: 919-733-9413 INTERNET: http://www.wastenot.enr.state.nc.us AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER Danny Staley Appalachian District Health Director 157 Health Services Rd Sparta, NC 28675 Roger Hipp Environmental Health Specialist 157 Health Services Rd Sparta, NC 28675 Don Adams Alleghany County Manager PO Box 366 Sparta, NC 28675 Bryan Edwards Sparta Town Manager PO Box 99 Sparta, NC 28675 Ms. Linda Blalock DWM UST Section 1637 Mail Service Ctr Raleigh, NC 27699-1637 Dear Ms. Blalock: RE: Site Access Agreement Holloway Property 6712 Hwy 21 S. Glade Valley/Alleghany County Incident #: 37270 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. Holloway Property/FTF-37270 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