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HomeMy WebLinkAboutMO-12761_12761_G_NORR_20230601 North Carolina Department of Environmental Quality | Division of Waste Management Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | (704) 663-1699 June 1, 2023 Charles T. Witherspoon Jr. Hickory Good Housekeeping Shop, Inc. 2115 12th Avenue NE Hickory, NC 28601 Re: Conditional Notice of No Further Action 15A NCAC 02L .0507(f) Risk-Based Assessment and Corrective Action for Petroleum Releases from Aboveground Storage Tanks and other Non-UST Sources Hickory Good Housekeeping 2115 12th Avenue NE, Hickory Incident Number: 12761 Risk Classification: Low Dear Mr. Witherspoon: A review of information on file with the UST Section, Division of Waste Management, Mooresville Regional Office and the proposed Notice of Residual Petroleum declaration for a contaminant plume located entirely on the source site has not yet been received by this regional office. The last report received by this office indicates that soil contamination meets the cleanup requirements for a low-risk release from an aboveground storage tank (AST) or other source under Title 15A NCAC 2L .0500, but contamination exceeds the limits allowed for unrestricted closure of a site. 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 with the Register of Deeds in the county in which the release is located, as verified by the receipt of certified copies of the filed Notice of Residual Petroleum by this office; and upon receipt of confirmation that public notice requirements have been completed, as described in the following paragraphs. 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 stipulated in the laboratory reports received for this AST spill. Page 2 of 2 Incident Number 12761 June 1, 2023 North Carolina Department of Environmental Quality | Division of Waste Management Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | (704) 663-1699 As 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 soil contamination may exceed the lower of the residential or soil-to-groundwater MSCCs, public notice in accordance with 15A NCAC 02L .0509(b) also is required. Thus, within 30 days of receipt of this letter, a copy of the letter must be provided by certified mail, or 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 of receiving this letter, this office must be provided with proof of receipt of the copy of the letter or of refusal by the addressee to accept delivery of the copy of the letter or with a description of the manner in which the letter was posted. Interested parties may examine the information on file about this site by contacting this regional office and may submit comments on 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 certified copies of the Notice of Residual Petroleum that proves it has been filed with the Register of Deeds and until public notice requirements are completed. If you have any questions regarding this notice, please contact me at Ryan.Mills@deq.nc.gov or at 704-235-2175. Sincerely, Ryan C Mills Environmental Program Consultant Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ CC: Jennifer McCracken, Catawba County Health Department Jonathan R. Grubbs, P.G., Terraquest Environmental Consultants, P.C.