AS-3072_28281_C_NFA_20230818_NC DOT Ken Nelson NRP

NC DOT
Mr. Ethan Caldwell
1589 Mail Service Center
Raleigh, NC 27699-1589
Re:Notice of No Further Action 15A NCAC2L .0407(e)
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks
NC DOT ROW Ken Nelson Exxon
3100 Memorial Hwy
Lake Lure, Rutherford County, NC
Incident Number 28281
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, Regional Office indicates that 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 reviewed a certified copy of
the Notice of Residual Petroleum which is filed with the Register of Deeds on 8/14/2023 in book 2074 and page 1096-1097.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
forindustrial/ 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 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,
UST Section, Division of Waste Management, NCDEQ
CC:Caroline LaFond, ARO (e-mail)
Rutherford County Health Director, Mrs. Karen Powell, [e-mail]
Rutherford County Manager, Mr. Steve Garrison, [e-mail]
Carter Family Trust, PO Box 14636, Atlanta, GA 30324
AS-3072_28281_C_NFA_20230818_NC DOT Ken Nelson NRP