Division of Water Quality Letter

06/20/2001 10:31 2529468961 GROUNDWATER PAGE 02/03
1J4 A ]'F Michael F. Easley
�Q 0 Governor
Williams G. Ross Jr., Secretary
{? r
� Department of Environment and Natural Resources
d .�. Kerr T. Stevens
Division of Water Quality
DIVISION OF WATER QUALITY
GROUNDWATER SECTION
June 20, 2001
Financial Service Provider
RE: Division Policy
Former Mallard -Griffin Lumber Company
West Washington Street
Kinston, Lenoir County, North Carolina
Groundwater Incident Number: 9840
Dear Sir:
Low levels of groundwater contamination have been identified at the above referenced
site. Although this office has been working with Vernon Market, LLC in addressing
environmental assessment and/or remediation activities at the site, Vernon Market, LLC is not
considered the responsible party for the incident. Because the contaimi.nation appears to have
originated from past business operations at the site, the E. F. Mallard heirs are considered to be
the responsible party for the contamination. North Carolina Administrative Code Title 15,A,
Subchapter 2L (15A NCAC 2L) .0101(b) states:
"These rules are applicable to all activities or actions, intentional or accidental, which
contribute to the degradationof groundwater quality, regardless of any permit issued by a
governmental agency authorizing such action or activity except an innocent land owner who is a
bona fide purchaser of property without knowledge or a reasonable basis for knowing that
groundwater contamination had occurred, or a person whose interest or ownership in the property
is based or derived from a security interest in the property, shall not be considered a responsible
party.
Although 15A NCAC 2L .0101(b) indicates that future property owners, may be
considered as a responsible party, it has been the policy of this Division to continue to work with
the party responsible for causing the containnination. The Division) has not required any purchaser
to assume responsibility for a site unless that purchaser has caused or contributed to the pollution
on the site or if the purchaser impedes the responsible party from cleaning up the site.
This office has recommended that a Corrective Action Plan (CAP) proposing natural
attenuation be prepared for this incident. Following approval of a natural attenuation CAP, semi--
annual groundwater monitoring would be required until the site meets the conditions for granting
"No Further Action" status.
ffCDENR
Customer Service
1 800 623-7748
Division of Water Quality / Groundwater Section
943 Washington Square, Mail Washington, NC 27889
Phone: [phone] Fax: (252) 94&8961 Internet: http://gw.ahnr.state.no.uB

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Should you have any questions or require additional information concerning this matter,
please contact me at [phone], extension 357.
Sincerely,
I
David May, L.G.
Hydrogeologist
cc: Vernon Market, LLC,' - 2715 W Vernon Avenue, Kinston, NC 28504
W aRO