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Home My WebLink AboutFA-3338_29463_G_ACCAGMT_20230810_Access NORR North Carolina Department of Environmental Quality | Division of Waste Management Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville, NC 28301 | (910) 433-3300 August 10, 2023 Mr. Rick Hester, County Manager Johnston County Government P.O. Box 1049 Smithfield, NC 27577 Re: Request for Property Access County Owned Tract Adjacent to 4549 Wilsons Mills Rd. Smithfield, Johnston County J.D.’s Country Store 4549 Wilsons Mills Road Smithfield, Johnston County Incident Number: 29463 Ranking: Intermediate Risk Dear Mr. Hester: This office of the Underground Storage Tank (USJT) Section, Division of Waste Management, has required Anthony W. Southerland, Registered Agent for J.D.’s Country Store, Inc., to assess the horizontal and vertical extent of petroleum contamination at the above-referenced site. To complete this requirement, the agent acting on behalf of Anthony W. Southerland, TerraQuest Environmental Consultants, P.C., must access your property. TerraQuest Environmental Consultants, P.C., has made a request (see attachment) to access your property for this purpose, but has not yet received a response. Please note that 15A North Carolina Administrative Code 02L .0106(b) states that any person conducting or controlling an activity which results in the discharge of a waste, hazardous substance, or oil to the groundwater, or in proximity thereto, shall take immediate action to terminate and control the discharge, mitigate any hazards resulting from exposure to the pollutants, and notify the Division of the discharge. As a property owner, you may refuse to allow TerraQuest Environmental Consultants, P.C., to access your property. You should be aware, however, that a refusal to allow access may result in a determination that you are controlling an activity which results in the discharge of a waste, and that you could be held responsible for assessment and remediation of any contamination since TerraQuest Environmental Consultants, P.C., would be unable to complete the required work. Please respond within 15 days of receipt of this letter and advise the Division if you intend to allow TerraQuest Environmental Consultants, P.C., to access your property to perform the required work. If you have any questions regarding the actions that must be taken or the rules mentioned in this letter, please contact me at the address or telephone number as shown below. Page 2 of 2 Incident Number: 29463 August 10, 2023 North Carolina Department of Environmental Quality | Division of Waste Management Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville, NC 28301 | (910) 433-3300 Sincerely, Kenneth E. Currie Hydrogeologist Fayetteville Regional Office UST Section, Division of Waste Management, NCDEQ Attached: Property Access Request, dated January 9, 2023 cc: Ms. Jennifer J. Slusser, County Attorney, Johnston County (email copy) Mr. Mike Brown, P.G., TerraQuest Environmental Consultants, P.C., Mebane, NC (email copy) Mr. Ryan Kerins, TerraQuest Environmental Consultants, P.C., Mebane, NC (email copy) Mr. Mike Haseltine, P.G., Regional Supervisor, NCDEQ/DWM/UST Section (email copy) Mr. Anthony W. Southerland, Registered Agent J.D.’s Country Store, Inc. 1105 Southerland Road Clayton, NC 27527 100 East Ruffin Street, Mebane, North Carolina 27302 Telephone (919) 563-9091 ·Facsimile (919) 563-9095 www.terraquestpc.com January 9, 2023 Mr. Rick Hester Certified Mail #: Johnston County Manager 207 E. Johnston St. Smithfield, NC 27577 Re: Property Access Request J D’s Country Store, 4549 Wilsons Mills Rd, Wilsons Mills, Johnston County NCDWM-UST Incident Number: 29463, Risk Classification: Intermediate, Ranking: I175A Mr. Rick Hester, On behalf of Anthony Southerland, Terraquest Environmental Consultants, P.C. is hereby requesting access to property you own in Wilsons Mills, NC with the Johnston County Parcel Identification Number 169609-07-7395. Access is needed for the installation of two groundwater monitoring wells that will be used to determine groundwater quality as it relates to a previous release of petroleum at the former J D’s Country Store. The NC Department of Environmental Quality has requested that the responsible party for that release, Anthony Southerland, install the wells. The work is part of an ongoing investigation that will aid in constraining the extent of the contaminant plume and protect public health. If acceptable, the wells will be installed where depicted as on the enclosed Figure 1 and constructed as noted on the enclosed Figure 2. There is no cost to you for the installation, sampling, or ultimate abandonment of the wells. If you feel that the agreement is acceptable, please sign one copy of the enclosed Access Agreement Form and return it in the enclosed envelope as soon as possible. A second Access Agreement Form is provided for your records. Questions can be directed to the NCDWM-UST’s incident manager for this site, Kenneth Currie, at (910) 433-3347 or via email at ken.currie@ncdenr.gov. Thank you! Sincerely, TERRAQUEST ENVIRONMENTAL CONSULTANTS, P.C. Ryan D. Kerins Project Manager Enclosures ACCESS AGREEMENT FORM Access is hereby granted to BEEJU, Terraquest Environmental Consultants, P.C., and their agents and assigns for the purpose of installing, sampling, and maintaining groundwater monitoring wells on the property located in Wilsons Mills, NC with the Johnston County Parcel Identification Number 169609-07-7395. The proposed well locations are shown on the enclosed figure. Note that the monitoring well locations may be adjusted at the time of drilling, should unanticipated utilities, trees, shrubs, structures, or other obstructions be encountered at the location shown of the enclosed figure. Typical groundwater monitoring well details are enclosed for reference. The wells will be constructed in accordance with regulations under Title 15A NCAC 2C. Anthony Southerland will be responsible for all costs associated with the NCDWM-UST-directed installation, maintenance, and subsequent abandonment of the wells, and assessment and remediation of the contaminant plume associated with the petroleum release that has the NCDWM-UST Incident No. 29463. Once the NC Division of Waste Management’s Underground Storage Tank Section has issued a Notice of No Further Action, the well will be abandoned by filling with cement or bentonite in accordance with the rules contained within Title 15A NCAC 2C. ________________________________________ __________ Rick Hester, Johnston County Manager Date ________________________________________ _1/9/23___ TERRAQUEST ENVIRONMENTAL CONSULTANTS, P.C. Date Ryan D. Kerins, Project Manager