AS-3866_28984_C_NFA_20230902_Hot Spot 2008 NRP

North Carolina Department of Environmental Quality | Division of Waste Management
UST Section Central Office | 1646 Mail Service Center | Raleigh, NC 27699-1646 | [phone]

September 2, 2023

Spirit Jo SMF SPE LLC
16767 Perimeter Drive
Suite 210
Scottsdale, AZ 85260

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

Hot Spot #2008
5560 US HWY 64 W
Murphy, Cherokee County
Incident Number: 28984
Risk Classification: Low
Ranking: Low

Dear Spirit Jo SMF SPE:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste
Management, Mooresville 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 were 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 7/27/2023, the UST Section received a certified copy of the Notice of Residual
Petroleum which is filed with the Register of Deed on 7/17/2023 in book 1738 and page 891-897.
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 groundwater contamination exceeds the groundwater quality standards established in
Title 15A NCAC 02L .0202, groundwater within the area of contamination or within the area where
groundwater contamination is expected to migrate is not suitable for use as a water supply.
Interested parties may examine the site file information by contacting this regional office and may submit
comments on the site to the regional office at the address or telephone number listed below.
Page 2 of 2
28984 September 2, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
UST Section Central Office | 1646 Mail Service Center | Raleigh, NC 27699-1646 | [phone]

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, Wayne Randolph, CPM Trust Fund Branch Head UST Section, Division of Waste Management, NCDEQ
CC: Cherokee County Manager: Randy Wiggins, [e-mail] Cherokee County Health Director: David Badger, [e-mail] Caroline LaFond, ARO
Bimbo Bakeries, 13155 NOEL RS #100 LB73, Dallas, TX 75240 Joan Posey, 5530 US H28906 Hwy 64 W, Murphy, NC 28906 Dana Campbell, 366G Chastain Rd, Murphy, NC 28906
Sanford Grizzle, 130 Lamar Rd, Murphy, NC 28906
AS-3866_28984_C_NFA_20230902_Hot Spot 2008 NRP