HomeMy WebLinkAboutAS-461_6746_C_NFA_20231108_Former Burke Oil - Hardees NRP
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
November 8, 2023
Palm Bay Joan LLC
6700 Tower Circle Suite 1000 Franklin, TN 37067
Re: Notice of No Further Action 15A NCAC 2L .0407(e) Risk-based Assessment and Corrective Action for Petroleum Underground Storage Tanks Former Burke Oil – Hardee’s 863 N Green Street
Morganton, Burke County, NC UST Incident Number 6746 Risk Classification: Low
Dear Palm Bay Joan LLC:
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 11/6/23, the UST Section reviewed a certified copy of the Notice of Residual Petroleum
which is filed with the Register of Deeds on 10/31/23 in book 2713 and page 782-783.
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).
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6746 November 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: Burke County Manager: Brian Epley, brian.epley@burkenc.org
Burke County Health Director: Danny Scalise, danny.scalise@burkenc.org
Caroline LaFond, ARO Mull Inc, PO Box 8309, Morganton, NC 28680 Morganton Fee Owner LLC, 3735 Bean Rd, Suite B, Charlotte, NC 28217 AS-461_6746_C_NFA_20231108_Former Burke Oil - Hardees NRP