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Home My WebLink AboutWV0100061_Modification_20200427DocuSign Envelope ID: B7C10413-8E53-42CC-9A43-88C16lADE796 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Dirk Cody Crown Food Mart P.O. Box Robbinsville, NC 28771 NORTH CAROLINA Environmental Quality April 27, 2020 Re: Modification to Well Construction Variance No. WV0100061 Crown Food Mart Graham County Dear Mr. Cody: On September 28, 2016, the Asheville Regional Office of the Division of Water Resources (Division) received your request for a variance to the well construction standards in Title 15A of the North Carolina Administrative Code (NCAC) 02C .0108 for the construction of three emergency recovery well systems associated with the referenced facility. Well construction variance WV0100061 was issued to you by the Division on December 14, 2016. Condition 3 of the variance required that you abandon the wells prior to December 14, 2017, or submit a request for the recovery wells to remain beyond December 14, 2017. On January 12, 2018, the Division received a request, on your behalf, from your consultant Robert Martin, to extend the use of the recovery wells. On March 23, 2018, the Division modified the permit to extend the use of the recovery wells for an additional year. On April 24, 2020, the Division received another request from Robert Martin to extend the use of the recovery wells. In accordance with your request, the Division is extending the use of the recovery wells for 1 year. The variance shall be subject to the following modified Condition 3: 3. The recovery well systems shall be abandoned, as described in condition 4 of the December 14, 2016, well construction variance, prior to April 27, 2021. If you wish for the recovery well systems to remain in place after that date, you shall provide a request in writing to this office justifying the need for the recovery wells. All other conditions of well construction variance WV0100061 shall continue to apply. D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 vOry rN cxl4o:. i o.�ro�em or E�.w��a�:r� /`� 828.296,4500 DocuSign Envelope ID: B7C10413-8E53-42CC-9A43-88C161ADE796 Dirk Cody April 27, 2020 Page 2 of 2 The granting of this variance modification in no way relieves the owner or agent from other requirements of the North Carolina Well Construction Standards, or any other applicable law, rule or regulation that may be regulated by other agencies nor does it imply sufficient water quality or quantity. If you are dissatisfied with this decision, you may commence a contested case by filing a petition under G.S. 150-23 within sixty (60) days after receipt of the decision. If you have any questions, or would like to discuss this issue further, please do not hesitate to contact Andrew Moore at Andrew.W.Moore@ncdenr.gov or (828) 296-4684. Sincerely, DocuSigned by: Lan3oiie�avidson Regional Supervisor Water Quality Regional Operations Section Enclosure: Well Construction Variance WV0100061 cc: Robert Martin — Martin & Slagle GeoEnvironmental Associates, LLC (via email) DWR ARO file DWR Laserfiche file G:\WR\WQ\Graham\Wells\Variance\WV0100061\20200427_WV0100061_PERM MOD.docx 'KC Water Resources ENVIRONMENTAL QUALITY December 14, 2016 Dirk Cody Crown Food Mart P.O. Box 218 Robbinsville, NC 28771 Re: Well Construction Variance No. W V0100061 Variance Request to Rule ISA NCAC 02C .0108 Crown Food Mart Graham County Dear Mr. Cody, PAT MCCRORY Ge-V. DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN DinOrr On September 28, 2016, the Asheville Regional Office of the Division of Water Resources (DWR) received your request for a variance to the well construction standards in Title 15A of the North Carolina Administrative Code (NCAC) 02C .0108. The variance request is for three emergency recovery well systems to address a petroleum release impacting surface water that serves as water supply to the Town of Robbinsville. Verbal approval for the recovery well systems was granted by the DWR prior to variance and recovery well application submittal. Therefore, the variance application is an after -the -fact submittal. Additional required information in support of the application was received November 18, December 2, and December 7, 2016. The installed recovery well systems vary from a number of requirements in Title 15A NCAC 02C .0108, namely parts (g),. (h), (i), and.(1). Based upon the information provided, it is my finding that the factors are sufficient to satisfy the conditions for approval of a variance as defined in 15A NCAC 02C .0118. As the well system has no grout seal to prevent the vertical migration of contaminants from the land surface to the subsurface, it poses a risk to groundwater quality. As such, additional permit conditions must be followed. This variance shall be subject to the following specified conditions as follows: 1. The recovery well system risers shall be secured with locking well caps as required in 15A NCAC 02C .0108(k). 2. Any damage to the recovery well system due to the lack of a steel outer well casing or flush - mount cover shall be repaired immediately, or the recovery well system shall be abandoned as described in number 4 below. 3. The recovery well system shall be abandoned, as described below, prior to December 14, 2017. If you wish for the recovery well systems to remain in place after December 14, 2017, you shall provide a request in writing to this officejustifying the need for the recovery wells. 4. The recovery well systems shall be abandoned by completely removing all vertical risers from the systems. The horizontal components of the system shall be completely filled with cement -type grout. Any hole excavated to remove the vertical risers or access the horizontal components shall be filled with grout or material excavated during construction of the recovery well systems. 5. The ground surface above the horizontal components of the recovery well systems shall be graded to promote positive drainage. RAN of North Carolina I EaUrmwental Quality I water Resomnes 2090 US. Huy. 70 I SvOrTanoe, NOM Carolina 28778 8282964500 Dirk Cody December 14, 2016 Page 2 of 3 The granting of this variance in no way relieves the owner or agent from other requirements of the North Carolina Well Construction Standards, or any other applicable law, rule or regulation that may be regulated by other agencies, nor does it imply sufficient water quality or quantity. If you are dissatisfied with this decision, you may commences contested case by filing a petition under G.S. 150-23 within sixty (60) days after receipt of the decision. A copy of this permit, which includes a variance, should be attached to the required Well Construction Record (GW-1). If you have any questions regarding this variance, please contact Andrew Moore at 828-296-4684. Sincerely, don�P.GDavid,,,, Regional Supervisor Water Quality Regional Operations Section cc: ARO File Robert Martin — Martin and Slagle GeoSciences, PA (via email)