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HomeMy WebLinkAboutWS-2442_3329_G_NORR_20170331 State of North Carolina | Environmental Quality | Waste Management Winston-Salem Regional Office | 450 W. Hanes Mill Road, Suite 300 | Winston-Salem, NC 17105 336 776-9800 T ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director March 31, 2017 YOCO, Inc. P.O. Box 78 Mount Airy, NC 27030 Re: Notice of Regulatory Requirements NCGS 143B-279.9 and 143B-279.11 Notice of Residual Petroleum Walter James Residence 7210 Vance Road, Kernersville Store Address: 7190 Vance Road, Kernersville Forsyth County Incident Number: 3329 Risk Classification: Low Ranking: 211D Dear Sir or Madam: North Carolina General Statute (NCGS) 143B-279.9 and 143B-279.11 require a Notice of Residual Petroleum (Notice) to be filed with the Register of Deeds in Forsyth County, where the release is located, when a release from an underground storage tank has not been remediated to below “unrestricted use standards”. The Notice is required either prior to conveyance of a contaminated property or prior to receiving a Notice of No Further Action. “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 must be prepared in accordance with the attached instructions and format. It must contain a legal description of the property containing 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 these properties. In addition, the Notice must identify all other properties (adjacent, adjoining, downgradient, etc.) on which contamination is known to exist at the time the Notice is prepared. 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 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. Effective October 1, 2004, the Department of Environmental Quality requires that all work following the submittal of the Limited Site Assessment Report (Title 15A NCAC 2L .0405) be preapproved if State Trust Fund reimbursement is anticipated. To comply with this requirement, a completed Preapproval/Claim Authorization Form, encompassing the required remedial activities, must be received in this office within State of North Carolina | Environmental Quality | Waste Management Winston-Salem Regional Office | 450 W. Hanes Mill Road, Suite 300 | Winston-Salem, NC 17105 336 776-9800 T 14 days of the date of this letter. Upon completion of the preapproved activities, you should submit your claim promptly. Reimbursement funds are budgeted based on completed preapprovals, but lengthy delays in reimbursement can occur if claims are not submitted immediately following work completion. Failure to comply with this letter is a violation of North Carolina law and may result in the assessment of civil penalties and/or the use of other enforcement mechanisms available to the state. If you have any questions regarding this letter, please contact me at the address or telephone number listed below. Sincerely, Mindy Lepard Hydrogeologist Winston-Salem Regional Office UST Section, Division of Waste Management, NCDEQ Attachment: Instructions for Preparing Notice of Residual Petroleum Winston-Salem Regional Office | 450 West Hanes Mill Road | Suite 300 | Winston-Salem, NC 27105 | (336) 776-9800