MO-88893_96869_G_NORR_20221122

November 22, 2022

Gary & Andrea Benfield
1948 Moss Drive
Newton, North Carolina, 28658

New South Tractor
3601 Gunston Court
Charlotte, North Carolina 28226 Attention: Mack Washum

Re: Notice of Regulatory Requirements
15A NCAC 2L .0504 and 2L .0505
Risk-based Assessment and Corrective Action for
Petroleum Aboveground Storage Tanks and
Other Petroleum Sources

New South Tractor
977 US Highway 70, Newton
Catawba County
Incident Number: 96869
Risk Classification: Unknown
Dear Mr. & Mrs. Benfield, and Mr. Washum:
Information received by this regional office of the Underground Storage Tank Section (UST Section), Division of
Waste Management, on November 14, 2022, confirms a release or discharge of petroleum at the above-referenced location.
Furthermore, this office has determined that you are the responsible party for the assessment and cleanup of the release or
discharge. Upon review, the Division has determined that the information submitted is not sufficient to enable this site to be granted No Further Action status at this time. Specifically, the soil and groundwater samples were not analyzed by all
the required analyses as set forth in the latest edition of the UST Section’s Assessment Guidelines.
As the responsible party, you must comply with the initial response and abatement action requirements of the Title
15A of the North Carolina Administrative Code (NCAC), Subchapter 2L .0504 and, if applicable, the assessment and
reporting requirements of Title 15A NCAC 2L .0505, within the timeframes specified in the attached rules. (Be aware that
if Title 15A NCAC 2L .0505 is applicable, you must comply with its requirements even if you do not receive formal
notification from the UST Section.)
Initial abatement action requirements include the preparation and submittal of an Initial Assessment Report (IAR),
in accordance with Title 15A NCAC 2L .0504 and the most recent version of the Guidelines for Site Checks, Tank Closure,
and Initial Response and Abatement for Non-UST Petroleum Releases, within 90 days of discovery of the release.
Gary & Andrea Benefield New South Tractor, LLC November 22, 2022 Page 2 of 2

Because a release or discharge has been confirmed, a Licensed Geologist or a Professional Engineer, certified by
the State of North Carolina, is required to prepare and certify all reports submitted to the Department of Environmental
Quality in accordance with Title 15A NCAC 2L .0103(e) and 2L .0111(b).
Please note that before you sell, transfer, or request a “No Further Action” determination for a property that has not
been remediated to below “unrestricted use” standards, you must file a Notice of Contaminated Site or Notice of Residual
Petroleum with the Register of Deeds in the county where the property is located (North Carolina General Statutes 143B-
279.9, and 143B-279.10 or 143B-279.11).
Failure to comply with the State's rules in the manner and time specified may result in the assessment of civil penalties and/or the use of other enforcement mechanisms.
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 listed below.
Sincerely,

Brad C. Newton, P.G.
Hydrogeologist
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ
Enclosures: Title 15A NCAC 2L .0504 and 2L .0505
cc: Catawba County Health Department
Bo Cappleman – Hart & Hickman (via e-mail)