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North Carolina Department of Environmental Quality | Division of Waste Management
UST Section Central Office | 1646 Mail Service Center | Raleigh, NC 27699-1646 | (919) 707-8171
August 8, 2023
Mr. Richard Bowman
2170 N Point Street
Nebo, NC 28761
Re: Notice of No Further Action 15A NCAC 2L .0407(e) Risk-based Assessment and Corrective Action for Petroleum Underground
Storage Tanks Former Coca Cola Plant
355 E Court St Marion, McDowell County, NC UST Incident Number 17409
Risk Classification: Low
Dear Mr. Bowman:
A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste
Management, Raleigh Central 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 8/3/2023, 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 1442 and page 964-966.
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 2L .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)..
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17409 August 8, 2023
North Carolina Department of Environmental Quality | Division of Waste Management
UST Section Central Office | 1646 Mail Service Center | Raleigh, NC 27699-1646 | (919) 707-8171
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 (919) 707-8171.
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: Caroline LaFond, ARO (e-mail)
McDowell County Health Director, Karen Powell, 140 Spaulding Rd, Marion, NC 28752
McDowell County Manager, Ashley Wooten, 69 N Main St, Marion, NC 28752
AS-1570_17409_C_NFA_20230808_Coca Cola Plant NRP