AS-29957_49043_C_NFA_20230731

North Carolina Department of Environmental Quality | Division of Waste Management
Asheville Regional Office | 2090 US Highway 70 | Swannanoa, NC 28778 | [phone]

July 31, 2023

John Hamrick
1311 Mt. Pleasant Church Road
Mooresboro, NC 28114

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

Hamrick Property Heating Oil UST
409 Whisnant Street, Shelby
Cleveland County
Incident Number (if applicable): 49043
Risk Classification: Low

Dear Mr. Hamrick:

Information received by the UST Section, Division of Waste Management, Asheville Regional Office on
July 13 and July 31, 2023, has 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 that no further action is warranted for this incident. All required actions have
been completed. On July 13, 2023, the UST Section received a certified copy of the Notice of Residual
Petroleum which is filed with the Register of Deeds. On July 31, 2023, the UST Section was provided with
proof of receipt of the conditional Notice of No Further Action letter or of refusal by the addressee to accept
delivery of the letter or with a description of the manner in which the letter was posted.

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 2L .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 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 the residential
MSCCs, the property containing the soil contamination is suitable only for restricted residential use
("residential" being 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.

Page 2 of 2

North Carolina Department of Environmental Quality | Division of Waste Management
Asheville Regional Office | 2090 US Highway 70 | Swannanoa, NC 28778 | [phone]

Interested parties may examine the incident file 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.

Sincerely,
Caroline Lafond, Regional Supervisor
Asheville Regional Office, UST Section
Division of Waste Management, NCDEQ

cc: Cleveland County Health Department
Nathan Simmons, P.G., Catawba Valley Engineering & Testing, [e-mail]