FA-29453_48602_C_NFA_20230127_Final

North Carolina Department of Environmental Quality | Division of Waste Management
Wilmington Regional Office | 127 Cardinal Drive Extension | Wilmington, NC 28405 |
[phone]

January 27, 2023

M.M. Fowler, Inc.
Attention: Marvin L. Barnes, Jr. – Registered Agent
4220 Neal Road
Durham, NC 27705-2322

Re: Notice of No Further Action
15A NCAC 02L .0407(e)
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks

Coliseum BP #185
2036 Gillespie St., Fayetteville
Cumberland County
Incident Number: 48602
Risk Classification: Low
Ranking: L 112 D

Dear Mr. Barnes:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste
Management, Wilmington Regional Office indicates that soil and groundwater contamination meet the
cleanup requirements for a low-risk release under Title 15A NCAC 2L .0202 and .0400, but contamination
exceeds the limits allowed for the unrestricted use of a site where closed under risk-based cleanup standards.
The UST Section determines that no further action is warranted for this incident. All required actions have
been completed. On January 17, 2023, the UST Section received a copy of the Notice of Residual Petroleum
which is filed with the Register of Deeds. On January 26, 2023, the UST Section was provided with proof
of receipt of the conditional Notice of No Further Action letter or of refusal by the addressee to accept
delivery of the letter or with a description of the manner in which the letter was posted.
This determination shall apply unless the UST Section later finds that the discharge or release poses an
unacceptable risk or a potentially unacceptable risk to human health or the environment. Pursuant to Title
15A NCAC 02L .0407(a) you have a continuing obligation to notify the Department of any changes that
might affect the risk or land use classifications that have been assigned.
Be advised that, as contamination may exceed the groundwater quality standards established in Title 15A
NCAC 2L .0202, groundwater within the area where contamination is present or is expected to migrate is
not suitable for use as a water supply. Be advised that as soil contamination may exceed the residential
MSCCs, the property containing the soil contamination is suitable only for industrial / commercial use as
stipulated in the Notice of Residual Petroleum (attached).
Interested parties may examine the subject incident file by contacting this regional office and may submit
comments on the site to the regional office at the address or telephone number listed below.
This No Further Action determination applies only to the subject incident; for any other incidents at the
subject site, the responsible party must continue to address contamination as required.
If you have any questions regarding trust fund eligibility or reimbursement from the Commercial Leaking
Petroleum Underground Storage Tank Cleanup Funds, please contact the UST Section Trust Fund Branch
at [phone].
If you have any questions regarding this notice, please contact me at the address or telephone number listed
below.
Sincerely,
Liz Price
Hydrogeologist
Wilmington Regional Office
UST Section, Division of Waste Management, NCDEQ

Attachment: Notice of Residual Petroleum (NRP)

cc: Cumberland County Health Department

James Dodson, EMS Environmental Inc. – via email correspondence