AS-1193_12748_C_NFA_20230714_The Cherokee Clean

North Carolina Department of Environmental Quality | Division of Waste Management
UST Section Central Office | 1646 Mail Service Center | Raleigh, NC 27699-1646 | (919)
707-8171

July 14, 2023 Mike LaVoie Natural Resources Director Eastern Band of Cherokee Indians
P.O. Box 1747
Cherokee, NC 28719
Re: Notice of No Further Action 15A NCAC 2L .0407(e)
Risk-based Assessment and Corrective
Action for Petroleum Underground Storage Tanks Former The Cherokee
Acquoni Rd
Cherokee, Swain County, NC Incident Number 12748 Risk Classification: Low Ranking: Low

Dear Mr. LaVoie: A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste Management, Green Square Central Office indicates that soil contamination does exceed
the soil screening levels established by the UST Section and the constituent specific groundwater
contamination does exceed the groundwater quality standards established in Title 15A NCAC 2L .0202. However, this data was collected in 1996 after the removal of the UST system and the site has been extensively regraded and redeveloped to the point that the exact location of the former release would be difficult to impossible to determine. Furthermore, given the low levels of
contamination, removal of the source, and the amount of time that has since passed and allowing
for natural attenuation, there would no benefit to conduct any additional assessment. The UST Section determines no further action is warranted for this incident. All required actions have been completed. As soil contamination exceeds the lower of the soil-to-groundwater or
residential MSCCs, public notice in accordance with 15A NCAC 2L. 0409(b) has been completed.
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.
Page 2 of 2 12748 July 14, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
UST Section Central Office | 1646 Mail Service Center | Raleigh, NC 27699-1646 | (919)
707-8171

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.
Interested parties may examine the incident file by visiting our GIS website (https://deq.nc.gov/about/divisions/waste-management/science-data-and-reports/gis-maps/underground-storage-tank-incidents-map) and entering the incident number in the UST Incidents Map search bar, then clicking on the More Info link.
If you have any questions regarding this notice, please contact Scott Ryals at 919-707-8168. Sincerely,

Z. Vance Jackson Jr. PG, CPM
UST Section Chief
UST Section, Division of Waste Management, NCDEQ

cc: Caroline Lafond, ARO (e-mail) Swain County Manager, Kevin King, [e-mail] Swain County Health Director, Alison Cochran, [e-mail]
AS-1193_12748_C_NFA_20230714_The Cherokee Clean