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North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | (704) 663-1699
October 18, 2023
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 No Further Action
15A NCAC 02L .0407(e)
Risk-based Assessment and Corrective Action
for Petroleum Underground Storage Tanks
New South Tractor
977 US Highway 70, Newton Catawba County
Incident Number: 96869
Risk Classification: Low
Dear Mr. & Mrs. Benfield and Mr. Washum:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste
Management, Mooresville 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 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 August 15, 2023, the UST Section received a certified copy of the Notice of Residual
Petroleum which is filed with the Register of Deeds. On September 27, 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
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96869 Date
North Carolina Department of Environmental Quality | Division of Waste Management
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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).
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 Fund, please contact the UST Section Trust Fund Branch
at (919) 707-8171.
If you have any questions regarding the actions that were 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
Bo Cappelman – Hart & Hickman (via e-mail)
for