AS-29939_49025_C_NFA_20230602_Conditional

North Carolina Department of Environmental Quality | Division of Waste Management 
Asheville Regional Office | 2090 US Highway 70 | Swannanoa, NC 28778 | (828) 296‐
4500 

CERTIFIED MAIL 7022 2410 0003 1349 9766

RETURN RECEIPT REQUESTED

June 2, 2023

Donna Barnette
43 Cedar Hill Lane
Tequesta, FL 33469

Re: Conditional Notice of No Further Action
15A NCAC 2L .0407(e)
Risk-based Assessment and Corrective Action for
Petroleum Underground Storage Tanks

Donna Barnette Residence
213 S Laurel Circle
Black Mountain, Buncombe County
Incident Number: 49025
Risk Classification: Low

Dear Ms. Barnette:

Information received by the UST Section, Division of Waste Management, Asheville Regional Office on
May 24, 2023, and the Notice of Residual Petroleum (NRP) received on May 31, 2023 have been reviewed.
The review indicates that soil and groundwater contamination meet the cleanup requirements for a low-risk
noncommercial site under Title 15A NCAC 2L .0202 and .0400, as modified by Session Law 2015-241,
but contamination exceeds the limits allowed for unrestricted closure of a site.

The UST Section determines the subject incident to be eligible conditionally for no further action status.
However, final approval of no further action status is contingent on the filing of the approved NRP with the
Register of Deeds in the county in which the release is located, verified by the receipt of a certified copy of
the filed NRP by this office; and on receipt of confirmation that public notice requirements have been
completed, as described in the following paragraphs.

Be advised that, as contamination may exceed the groundwater quality standards established in Title 15A
NCAC 2L .0202, groundwater within the area where contamination is present or is expected to migrate is
not suitable for use as a water supply. Be advised that as soil contamination may exceed applicable
regulatory standard(s), no soil from a depth of six feet or more below grade shall be disturbed in the “Area
of Soil Contamination” shown in the NRP, except to remediate it in accordance with all applicable state
and federal statutes, regulations, and guidelines.

Page 2 of 2

North Carolina Department of Environmental Quality | Division of Waste Management 
Asheville Regional Office | 2090 US Highway 70 | Swannanoa, NC 28778 | (828) 296‐
4500 

As groundwater contamination may exceed the groundwater quality standards established in Title 15A
NCAC 2L .0202, and soil contamination may exceed the residential MSCCs, pursuant to NCGS 143B-
279.9 and 143B-279.11, you must file the approved Notice of Residual Petroleum with the Register of
Deeds in the county in which the release is located and submit a certified copy to the UST Section within
30 days of receipt of this letter.

As groundwater contamination may exceed the groundwater quality standards established in Title 15A
NCAC 2L .0202, and soil contamination may exceed the lower of the residential or soil-to-groundwater
MSCCs, public notice in accordance with 15A NCAC 2L .0409(b) also is required. Thus, within 30 days
of receipt of this letter, a copy of the letter must be provided by certified mail, or by posting in a prominent
place, if certified mail is impractical, to the local health director, the chief administrative officer of each
political jurisdiction in which the contamination occurs, all property owners and occupants within or
contiguous to the area containing contamination, and all property owners and occupants within or
contiguous to the area where the contamination is expected to migrate. Within 60 days of receiving this
letter, this office must be provided with proof of receipt of the copy of the letter or of refusal by the
addressee to accept delivery of the copy of the letter or with a description of the manner in which the letter
was posted. Interested parties may examine the incident file by contacting me at the address and phone
number listed below.

This conditional No Further Action determination will not become valid until the UST Section
receives a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds
and until public notice requirements are completed.

Sincerely,

Katie Bernal, PG
Hydrogeologist
Asheville Regional Office
UST Section, Division of Waste Management, NCDEQ

cc: Buncombe County Health Department
Town of Black Mountain, 160 Midland Avenue, Black Mountain, NC 28711
Matt Lutz, Grey Beard Realty, [e-mail]
Barclay Garnett, The Dwell Realty Group, [e-mail]