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.