AS-1537_16802_C_NFA_20230818_NC DOT Amoco 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 18, 2023

NC DOT
Mr. Ethan Caldwell 1589 Mail Service Center Raleigh, NC 27699-1589

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

NC DOT ROW Amoco Station
1004 Charlotte HWY (US 74)
Fairview, Buncombe County
Incident Number: 16802
Risk Classification: Low
Ranking: 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 8/17/2023, the UST Section received a certified copy of the Notice of Residual
Petroleum which is filed with the Register of Deeds on 8/14/2023 in book 6342 and page 614-615.
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
16802 August 18, 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, Z. Vance Jackson Jr., PG, CPM
UST Section Chief UST Section, Division of Waste Management, NCDEQ CC: Buncombe County Health Director, Ellis Matheson, [e-mail]
Buncombe County Manager, Avril Pinder, Avril.Pinder@buncombecounty,org Caroline LaFond, ARO Richard Paul LLC, 30 E Owl Creek Lane, Fairview, NC 28730
Hilda Garbarino Living Trust, PO Box 70002, Knoxville, TN 37938
AS-1537_16802_C_NFA_20230818_NC DOT Amoco NRP