WS-8004_37353_G_ELIG_20091119_SL Referral Notification Ltr

November 19, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1140 0002 6735 3791
Salvador Gabriel Sanchez 4518 Baux Mountain Road Winston Salem NC 27105 RE: State Lead Referral Notification Baux Mountain 76 4801 Rural Hall Road Winston Salem, Forsyth County NC
DWM Incident #37353 Dear Mr. Sanchez:
According to Division of Waste Management (DWM) records, you owned underground storage tanks (USTs) at the referenced site. Information available to the Division also indicates that a release of petroleum hydrocarbons was confirmed from the USTs during removal of the tanks. According to information available to the Division, you are financially incapable of performing the required assessment or remeidation. Therefore, the Winston-Salem Regional Office has referred the subject site to the State UST Trust Fund Branch, State Lead program. Based on the presence of contamination remaining at the site, the subject property is being accepted by the State for inclusion to the list of sites awaiting State Lead cleanup. According to Division records, you are considered to be an owner or operator of the UST pursuant to N.C.G.S. 143-215.94A.
The UST Section must inform you that the DWM is mandated to seek the recovery of funds for costs related to all activities performed by the Trust Fund Branch in specific situations. Failure to pay these costs may result in the referral for cost recovery to the North Carolina Attorney General's Office. In
addition, since the site has not been remediated to unrestricted use, in accordance with N.C.G.S. § 143B-279.11, a “Notice of Residual Petroleum” must be placed on the property deed before the property can be sold.
To evaluate the extent of petroleum contamination identified at the site, the Division will need access to the property to conduct an environmental assessment. An access agreement for the purpose of conducting the required assessment is attached for your review. Please sign the attached site access agreement letter and return to the address indicated on the letter. In addition, if the conditions of the access agreement are unacceptable, you may apply for eligibility to the Commercial Trust Fund and hire a consultant to handle the assessment and remediation activities.
State Lead Referral Notification Baux Mountain 76
Incident #37353 November 19, 2009 Page 2

If you have any questions concerning this matter or you do not own the referenced property, please contact me at [phone] or Herb Berger at [phone]. Sincerely,
George C. Matthis, Jr. Head, Trust Fund Branch UST Section Attachment: Site Access Agreement cc: Cindy Rintoul, WSRO Robert Davies, CO
Bob Whitwam Director, Forsyth County Environmental Health Services, 799 N. Highland Avenue, P.O. Box 686, Winston-Salem, NC 27102 Lee Garrity, City Manager, City of Winston-Salem, Suite 170, City Hall, 101 N. Main
Street, Winston-Salem, NC 27101

HB 37353 SL Referral Notification