MO-12761_12761_G_NORR_20230601_Conditional No Further Action

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | [phone]

June 1, 2023

Charles T. Witherspoon Jr.
Hickory Good Housekeeping Shop, Inc.
2115 12th Avenue NE
Hickory, NC 28601

Re: Conditional Notice of No Further Action
15A NCAC 02L .0507(f)
Risk-Based Assessment and Corrective Action
for Petroleum Releases from Aboveground
Storage Tanks and other Non-UST Sources

Hickory Good Housekeeping
2115 12th Avenue NE, Hickory
Incident Number: 12761
Risk Classification: Low

Dear Mr. Witherspoon:
A review of information on file with the UST Section, Division of Waste Management, Mooresville
Regional Office and the proposed Notice of Residual Petroleum declaration for a contaminant plume
located entirely on the source site has not yet been received by this regional office. The last report received
by this office indicates that soil contamination meets the cleanup requirements for a low-risk release from
an aboveground storage tank (AST) or other source under Title 15A NCAC 2L .0500, 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 Notice of
Residual Petroleum with the Register of Deeds in the county in which the release is located, as verified by
the receipt of certified copies of the filed Notice of Residual Petroleum by this office; and upon receipt of
confirmation that public notice requirements have been completed, as described in the following
paragraphs.
Be advised that as soil contamination may exceed the residential MSCCs, the property containing the soil
contamination is suitable only for industrial / commercial use as stipulated in the laboratory reports received
for this AST spill.

Page 2 of 2 Incident Number 12761
June 1, 2023

North Carolina Department of Environmental Quality | Division of Waste Management
Mooresville Regional Office | 610 East Center Avenue | Suite 301 | Mooresville, NC 28115 | [phone]

As soil contamination may exceed the residential MSCCs, pursuant to NCGS 143B-279.9 and 143B-
279.11, you must file the approved plat and declaration for a 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 soil contamination may exceed the lower of the residential or soil-to-groundwater MSCCs, public notice
in accordance with 15A NCAC 02L .0509(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 information on file about this
site 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 conditional No Further Action determination will not become valid until the UST Section
receives certified copies of the Notice of Residual Petroleum that proves it has been filed with the
Register of Deeds and until public notice requirements are completed.
If you have any questions regarding this notice, please contact me at [e-mail] or at 704-235-2175.
Sincerely,

Ryan C Mills
Environmental Program Consultant
Mooresville Regional Office
UST Section, Division of Waste Management, NCDEQ

CC: Jennifer McCracken, Catawba County Health Department Jonathan R. Grubbs, P.G., Terraquest Environmental Consultants, P.C.