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HomeMy WebLinkAboutAS-3022_28246_G_NORR_20211206 December 6, 2021 Polkville Volunteer Fire Station Attn: Fire Chief Jerry Silver PO Box 639 Polkville, NC 28136 Re: Notice of Regulatory Requirements NCGS 143B-279.9 and 143B-279.11 Notice of Residual Petroleum Former GO Video 4309 Polkville Road, Shelby Cleveland County Incident number: 28246 Risk Classification: Low Dear Chief Silver: The Cleveland County Register of Deeds lists the Polkville Volunteer Fire Department as the current property owner of this site. You may or may not be aware that a petroleum release from an Underground Storage Tank (UST) was discovered on this property in 2004. A review of the records associated with the release on this property indicates that the site risk for the property has been classified as low risk, however, soil contamination exceeds the total petroleum hydrocarbons (TPH) action levels/residential maximum soil contaminant concentrations (MSCCs) established in Title 15A NCAC 2L .0411 and/or groundwater contamination exceeds the 2L Standards established in Title 15A NCAC 2L .0202. North Carolina General Statute (NCGS) 143B279.9 and 143B-279.11 require a Notice of Residual Petroleum (Notice) to be filed with the Register of Deeds in the County where the release is located, when a release from a UST has not been remediated to below “unrestricted use standards”. The Notice is required prior to conveyance of a contaminated property and, for suitable low risk sites, prior to receiving a Notice of No Further Action (NFA). “Unrestricted use standards” for groundwater are the groundwater quality standards and interim standards contained in Title 15A NCAC 2L .0202, and “unrestricted use standards” for soil are the residential maximum soil contaminant concentrations (MSCCs) established in Title 15A NCAC 2L .0411. The Notice instructions are attached and must contain a legal description of the property, the source of contamination and legal descriptions of any other properties which you own (or control) which are contaminated by the release. The Notice must also include appropriate land use restrictions for the property. The Notice must be sent to this regional office of the UST Section within 30 days of the date of this letter for approval and notarization. The approved and notarized Notice must then be filed by you with the Cleveland County Register of Deeds, and a certified copy of the filed Notice must be submitted to this office within 30 days of its return to you. If you have any questions regarding this letter, please contact me at (828) 296-4500. Sincerely, Kristin Moyle Kristin Moyle, Hydrogeologist Asheville Regional Office UST Section, Division of Waste Management, NCDEQ Attachment: Notice of Residual Petroleum instructions ec: Blue Ridge Environmental, Inc.