WI-7755_32840_C_NFA_20230419_NRP

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

April 19, 2023
SENT VIA EMAIL

J.M. Davis Industries, Inc.
Atten: Jim Davis
201 Arendell Street
Morehead City, NC 28557

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

Handy House #3
6724 Hwy 70, Newport
Carteret County
Incident Number: 32840
Risk Classification: Low
Ranking: L130D

Dear Mr. Davis:
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 April 13, 2023, the UST Section received a certified copy of the Notice of Residual
Petroleum which is filed with the Register of Deeds. On April 17, 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 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. Be advised that
as soil contamination exceeds the residential MSCCs, the property containing the contamination is suitable
only for industrial/ commercial use as stipulated in the Notice of Residual Petroleum (attached).
Page 2 of 2
Incident 32840 April 19, 2023

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

Interested parties may examine the Soil Cleanup Report/ Site Closure Request 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,
Michael Haseltine, L.G. Regional Supervisor
Wilmington Regional Office UST Section, Division of Waste Management, NCDEQ cc: Nina Oliver, Carteret County Health Department
Henry Nemargut Engineering Services