MO-28294_48127_C_NFA_20230623

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | [phone]

June 23, 2023

The Pantry, Inc.
1100 Situs Court
Raleigh, North Carolina 27606
Attention: Allen Cubberly

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

Circle K 2723954
2350 Highway 70 SE, Hickory
Catawba County
Incident Number: 48127
Risk Classification: Low

Dear Mr. Cubberly:
The UST Section determines that no further action is warranted for this incident. All required actions have
been completed. On June 14, 2023, the UST Section received a certified copy of the Notice of Residual
Petroleum which is filed with the Register of Deeds. On June 6, 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.
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.
Page 2 of 2
48127 June 23, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | [phone]

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 the actions that must be taken or the rules mentioned in this letter, please contact Mr. Brad Newton at the address or telephone number listed below.
Sincerely,

Ron H. Taraban, PhD Regional Supervisor Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ cc: Catawba County Health Department
Maureen Jackson – ATC Associates (via e-mail)