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HomeMy WebLinkAboutWI-1116_11608_G_ACCLTR_20230522North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street I 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 ROY COOPER Governor ELIZABETH BISER Secretary MICHAEL SCOTT Director NORTH CAROLINA Environmental Quality May 22, 2023 CERTIFIED MAIL 7021 2720 0002 3808 1157 RETURN RECEIPT REQUESTED Hanford & Hanford Holding LLC Attention: Mr. Marvin Hanford 4333 Lagan Cir. Winterville, NC 28590-8212 RE: State-Lead Acceptance Stanley Oil Company 632 West Corbett Ave. Swansboro, Onslow County Incident # 11608; UST # WI-1116 Risk Classification: Intermediate Dear Mr. Hanford: The Wilmington Regional Office (WiRO) has referred the subject release incident to the State Underground Storage Tank (UST) Trust Fund Branch, State-Lead Program for inclusion on the list of petroleum releases awaiting state-lead cleanup. In 1993 during UST removal activities, soil and groundwater contamination were detected. Subsequent investigations revealed free product in several monitoring well as well as common dry-cleaning chemicals. A dry cleaner is located within 100 feet of the site in the upgradient direction. An investigation of the dry cleaner was completed and is being handled by DSCA. The petroleum and the dry-cleaning contaminants are comingled. To date, the required assessment and cleanup of the subject petroleum release have not been completed due to the dissolution of the company that formerly owned the UST system, recalcitrance of the former UST system owner, or death of the former UST system owner. Due to the potential presence of water supply well users within 1000 feet of the release and based on the confirmation of contamination remaining at the release location, the subject release incident is being accepted by the State-Lead program for inclusion on the list of releases awaiting further assessment and cleanup and/or UST removal pursuant to G.S. 143-215.94G. The State-Lead Program contractor must access the property to conduct assessment and cleanup activities, which may include the installation and sampling of monitoring wells, and cleanup activities, Pursuant to G.S. 143- North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street I 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 215.94A, based on the information currently available in our files you are not considered to be responsible for the release. Please note that pursuant to 15A NCAC .0106(b), failure to allow the UST Section and/or their contractor to access your property to conduct the necessary assessment and cleanup activities may result in a determination that you are controlling an activity which results in the discharge of waste, and you may potentially be held responsible for assessment and cleanup of the contamination. Please review and sign the enclosed access agreement and return it to liz.price@ncdenr.gov or in the enclosed pre-addressed envelope. The access agreement must be signed by the property owner. Upon receipt of your signed agreement, you will be contacted either by email or telephone to schedule a site visit. If you have any questions, please contact Liz Price at (910) 796-7263 or via e-mail at liz.price@ncdenr.gov . Sincerely, Wayne Randolph, CPM Trust Fund Branch Head UST Section, Division of Waste Management, NCDEQ Attachment: Access Agreement cc: Sharon Griffin, Onslow County Manager – via email: sharon_griffin@onslowcountync.gov Kristen Richmond-Hoover Onslow Co. Health Depart., Director – via email: Kristen_Richmond- Hoover@onslowcountync.gov UNDERGROUND STORAGE TANK SECTION May 22, 2023 Ms. Liz Price Hydrogeologist DWM/UST Section 127 Cardinal Dr. Extension Wilmington, NC 28405 Dear Ms. Price RE: Access Agreement Stanley Oil Company 632 West Corbett Ave. Swansboro, Onslow County Incident # 11608; UST # WI-1116 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 Environmental Quality (Department) or its contractor to enter upon said property for the purpose of conducting an assessment and/or remediation of the groundwater and/or soils under the authority of G.S. 143-215.94G. I am/We are granting permission to the lands we own or control 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. Any damages will be restored by the Department or its contractor to as close to the pre-work condition as practicably possible. 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 will notify the land owners 48 hours prior to entry and 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. 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. No representations or warranties, either expressed or implied, have been made to me/by the Department, the State of North Carolina, or its/their contractor(s) regarding the results that may be obtained or the quality of work to be performed. I/We agree not to interfere with, remove or any ways 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 __________________________________ Phone Number _________________________________ Address _________________________________ City/State/Zip Code _________________________________ Date RE: Access Agreement Stanley Oil Company 632 West Corbett Ave. Swansboro, Onslow County Incident # 11608; UST # WI-1116