HomeMy WebLinkAboutAS-1821_20777_G_ACCAGMT_20240102State Trust Fund DWM UST Section
Asheville Regional Office
2090 US 70 Highway Swannanoa, NC 28778 katie.bernal@deq.nc.gov
RE Site Access Agreement Skyland Food Mart 1888 Hendersonville Road, Asheville, Buncombe County Incident Number: 20777 (ARO)
Risk Ranking: I-120-D
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 investigation of the
soil and groundwaters under the authority of North Carolina General Statutes (G.S.) Article 21
Chapter 143 § 215.79 (143-215.79).
I am/We are granting permission 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.
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 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.
7. I/We agree not to interfere with, remove, or any way damage the Department's well(s) or
its contractor's well(s) and equipment during or after the investigation.
Site Name: Skyland Food Mart Incident Number: 20777 1888 Hendersonville Road, Asheville, Buncombe County
Page 2
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 investigation of the soil and groundwaters
under the authority of North Carolina General Statutes (G.S.) Article 21 Chapter 143 § 215.79
(143-215.79)
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