AS-3599_28735_C_NFA_20230620_Carswell Package NRP

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

June 20, 2023

Tequila Mocking Bird LLC
511 E Union Street
Morganton, NC 28655
Re: Notice of No Further Action 15A NCAC 2L .0407(e) Risk-based Assessment and Corrective Action for Petroleum Underground
Storage Tanks Carswell Package Store
1267 Burkemont Ave Morganton, Burke County, NC UST Incident Number 28735
Risk Classification: Low

Dear Tequila Mocking Bird LLC:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste
Management, Central 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 6/19/2023, the UST Section reviewed a certified copy of the Notice of Residual
Petroleum which is filed with the Register of Deeds on 6/13/2023 in book 2689 and page 400-401.
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 or restricted residential use (The term "residential is inclusive
of, but not limited to, private houses, apartment complexes, schools, nursing homes, parks, recreation areas and day care centers), as stipulated in the Notice of Residual Petroleum (attached).
.
Page 2 of 2
28735 June 20, 2023

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

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.
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
Branch Head
Trust Fund Branch
UST Section, Division of Waste Management, NCDEQ

CC: Burke County Manager: Brian Epley, [e-mail]
Burke County Health Director: Danny Scalise, [e-mail]
Caroline LaFond, ARO Cory Headen, 161 Old Airport Rd, Concord, NC 28025 Comfort Inn, 1273 Burkemont Ave, Morganton, NC 28655 Evans Best LLC, 4864 Hardy McManus Rd, Evans, GA 30809 AS-3599_28735_C_NFA_20230620_Carswell Package NRP