AS-1278_13298_C_NFA_20230807_Delix NC DOT ROW NRP

North Carolina Department of Environmental Quality | Division of Waste Management
UST Section Central Office | 1646 Mail Service Center | Raleigh, NC 27699-1646 | [phone]
August 7, 2023
NC DOT
Mr. Ethan Caldwell 1589 Mail Service Center Raleigh, NC 27699-1589
Re: Notice of No Further Action 15A NCAC 2L .0407(e) Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks
Former Delix Inc 432 E US HWY 19E
Burnsville, Yancey County, NC UST Incident Number 13298 Risk Classification: Low
Dear Mr. Caldwell:
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 8/7/2023, the UST Section reviewed a certified copy of the Notice of Residual
Petroleum which is filed with the Register of Deeds on 7/31/2023 in book 903 and page 42-43.
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
13298 August 7, 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: Yancy County Health Director, Misty Randolph, [e-mail] Yancy County Manager, Lynn Austin, [e-mail] Caroline LaFond, ARO
Delix Inc, PO Box 695, Burnsville, NC 28714 Charles Dellinger, 317 Hillside Dr, Burnsville, NC 28714 Northwestern Housing Enterprises Inc, PO Box 1673, Boone, NC 28607
AS-1278_13298_C_NFA_20230807_Delix NC DOT ROW NRP