FA-28889_48905_G_ACCAGMT_20220829

North Carolina Department of Environmental Quality | Division of Waste Management
Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville, NC 28301 | [phone]
August 29, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7012 3050 0001 9398 4637
K and Y Properties, LLC
Attn: Kim Kyung
1418 Avondale Drive
Durham, NC 27701
Re: Request for Property Access
Monitoring Well Installations
PIN #1517-10-3058.000 (Erwin Road)
Dunn, Harnett County, North Carolina
Circle K 2723019
400 Erwin Road, Dunn
Johnston County
Incident Number: 48095
Risk Classification: Intermediate
Ranking: Pending
Dear Kim Kyung:
This office of the Underground Storage Tank (UST) Section, Division of Waste Management, has required
the Circle K to assess the horizontal and vertical extent of petroleum contamination at the above-referenced
site. In order to complete this requirement, Circle K must access your property. It is my understanding
that Circle K has made a request to access your property for this purpose, but has not yet received a response.
Please note that 15A North Carolina Administrative Code 02L .0106(b) states that any person conducting
or controlling an activity which results in the discharge of a waste, hazardous substance or oil to the
groundwater, or in proximity thereto, shall take immediate action to terminate and control the discharge,
mitigate any hazards resulting from exposure to the pollutants, and notify the Division of the discharge. As
a property owner, you may refuse to allow Circle K to access your property. You should be aware, however,
that a refusal to allow access may result in a determination that you are controlling an activity which results
in the discharge of a waste, and that you could be held responsible for assessment and remediation of any
contamination since Circle K would be unable to complete the required work.
Please respond within 15 days of receipt of this letter and advise the Division if you intend to allow
Circle K to access your property to perform the required work.
Page 2 of 2 48095 August 29, 2022
North Carolina Department of Environmental Quality | Division of Waste Management
Fayetteville Regional Office | 225 Green Street | Suite 714 | Systel Building | Fayetteville, NC 28301 | [phone]
If you have any questions regarding the actions that must be taken or the rules mentioned in this letter,
please contact Sarah Brown at 910.622.3960 or [e-mail]
cc: Harnett County Environmental Health Director, Oliver Tolksdorf (email only)
ATC, Maureen Jackson (email only)
Attachments: 15A NCAC 02L .0106 Circle K and ATC access agreement
Sincerely,
Sarah Brown
Environmental Specialist
Fayetteville Regional Office
UST Section, Division of Waste Management, NCDEQ
2725 E. Millbrook Rd, Suite 121
Raleigh, North Carolina 27604
Tel: [phone]
Fax: [phone]
www.oneatlas.com
N.C. Engineering License No. C-1598
May 24, 2022
K and Y Properties, LLC
1418 Avondale Drive
Durham, NC 27701
RE: Monitoring Well Installations
PIN #1517-10-3058.000 (Erwin Road)
Dunn, Harnett County, North Carolina
Dear Sir or Madam:
On behalf of Circle K Stores, Inc., ATC Associates of North Carolina, P.C. (ATC) is conducting an
environmental site assessment at the Circle K Store #2723019 located at 400 Erwin Road in Dunn, North
Carolina. Pursuant to requirements of the North Carolina Department of Environmental Quality
(NCDEQ), the assessment is being conducted in response to a petroleum release from the underground
storage tank (UST) system located at the referenced facility.
Based on information obtained through on-going assessment at the facility, the NCDEQ has requested
that we install two (2) groundwater monitoring wells on property which you own (Erwin Road PIN
#1517-10-3058.000). The approximate locations of the monitoring wells are provided on the attached
figure.
ATC respectfully requests that you sign and return the enclosed Right-of-Entry Agreement as well as the
Application for the Well Permit. A self-addressed and stamped envelope has been enclosed for your
convenience. Please provide us with your telephone number or other contact information and we will
contact you upon scheduling of the activities.
Should you require additional information or have any questions, please feel free to contact myself at
[phone]. Additionally, you may contact the NCDEQ at the address and phone number listed
below:
NCDENR-Division of Waste Management – UST Section
Fayetteville Regional Office – Ms. Sarah Brown
225 Green Street, Suite 714
Fayetteville, North Carolina 28301
Phone Number: [phone]
We greatly appreciate your assistance in this matter and look forward to receiving your signed
Right-of-Entry Agreement at your earliest convenience. If you have any questions or concerns, please
feel free to contact me at [phone] or via email at [e-mail].
Sincerely,
ATC ASSOCIATES OF NORTH CAROLINA, P.C.
Maureen Jackson, P.G.
Senior Project Manager
14390031.2/010609.0074
SITE ACCESS AGREEMENT
THIS SITE ACCESS AGREEMENT (“Agreement”) is entered into by and between
CIRCLE K STORES INC., a Texas Corporation (“Circle K”), and K and Y Properties, LLC,
a limited liability company (hereinafter referred to in the singular as “Owner”).
RECITALS
The foregoing recitals are hereby incorporated by reference.
A.Owner holds record title to certain real property located at Erwin Road (PIN
#1517-10-30058.000) in the City of Dunn, Harnett County, State of North Carolina, as
depicted in Exhibit “A” attached hereto and incorporated herein (the “Property”);
B.Circle K has assumed responsibility for the management and performance of Work (as
defined in Paragraph 1 [Rights Granted]) on the Property;
C.Circle K and its agents seek Owner’s authorization to access the Property to conduct the
Work (as defined in Paragraph 1 [Rights Granted]);
D.Owner is willing to grant Circle K access to the Property for the above-described
purposes.
TERMS AND CONDITIONS
NOW, THERETOFORE, in consideration of the mutual covenants and promises
herein, the parties herby agree as follows:
1.RIGHTS GRANTED
Owner hereby grants to Circle K, its employees, agents, representatives, consultants and
contractors (collectively, for purposes of this Agreement, “Circle K Parties”), a license over,
under and across the Property for the purpose of performing certain work under government
agency oversight or direction, relating to release [NCDEQ Incident No. 48095] or otherwise
required to meet the obligations of applicable laws (the “Work”). The NCDEQ is requesting
Circle K to install two groundwater monitoring wells on the Property. Owner agrees to fully
cooperate with Circle K, including the execution of additional documents, if necessary, in
order to obtain permits or other documents from a government agency required to install,
abandon or remove Circle K’s equipment used in connection with the Work.
2.PERFORMANCE OF THE WORK
Circle K agrees, at its sole cost and expense, to conduct and perform the Work in a
prompt, safe, efficient and workmanlike manner and in compliance with all applicable federal,
state or local laws, regulations or ordinances.
14390031.2/010609.0074
3. TERM
This Agreement shall terminate upon completion of the Work. Completion of the Work
typically involves issuance of a “no further action” or similar closure letter by the government
agency with oversight authority regarding environmental matters.
4. RESTORATION
If entry onto the Property by Circle K, or the exercise by Circle K of any of its rights or
obligations under this Agreement, result in any material physical damage to the Property, Circle
K shall promptly repair and restore as needed the portions of the Property damaged to
substantially the same condition as existed prior to the damage or exercise of such right or
obligation. Circle K shall also be responsible for the repair of (and reimburse Owner or any third
party for) any out-of-pocket expenses arising from damage to personal property or person
resulting directly from the Work.
5. INDEMNITY
Circle K agrees to indemnify, defend and hold Owner, its agents, successors, and assigns,
harmless from and against any claims, causes of action, or lawsuits brought by a third party
arising directly from the performance of the Work. Circle K shall perform all Work conducted
under this Agreement at its sole cost and expense.
6. INSURANCE
Circle K shall maintain, or cause its consultants or contractors who perform the Work
under this Agreement to maintain industry-standard insurance for the type of Work being
performed at the Property and for the entire time the Work is being performed.
7. LIENS
Circle K shall discharge any bond or otherwise secure against all liens and attachments
that are filed in connection with the Work, and shall indemnify and save Owner and the Property
harmless from and against any and all loss, damage, injury, liability and claims made by any
third party resulting directly from such liens and attachments.
8. NOTICES
Any notices required to be made under this Agreement shall be made in writing to the
address of the appropriate party as set forth below. All such notices shall be deemed to have
been duly given and received upon mailing, delivery by courier, personal delivery service, or
electronic mail. Parties may alter or modify their notice address by delivery of written notice
pursuant to the terms of this Agreement.
To Owner(s):

14390031.2/010609.0074

To Circle K: Circle K Stores Inc.
1100 Situs Court, Suite 100
Raleigh, NC 27606
Attn: Alan Cubberley
Phone: [phone] x1823
Email: [e-mail]
9. REPORTS
Upon request, Circle K shall provide Owner with copies of all final reports upon written
request, laboratory test results, and other communications submitted to a government agency
regarding the Work performed on the Property. In the event Owner performs any environmental
investigations at the Property during the time the Work is being performed, Owner shall provide
Circle K with a copy of any final report(s) and laboratory results created as a result of such work.
10. APPLICABLE LAW
This Agreement shall be interpreted, and any dispute arising hereunder shall be resolved,
in accordance with the substantive laws of the State of Arizona, without reference to choice of
law rules.
11. ALTERNATIVE DISPUTE RESOLUTION (ADR)
If a dispute arises between the parties relating to this Agreement, the parties agree to use
the following procedure prior to pursuing other legal remedies:
(a) A meeting among the parties shall promptly be held in _____________, attended
by individuals with decision-making authority regarding the dispute, who will
attempt in good faith to negotiate a resolution of the dispute.
(b) If within fifteen (15) days after the meeting, the parties have not succeeded in
negotiating a resolution of the dispute, they agree to submit the dispute to
mediation using a mediator who is mutually acceptable, and to bear equally the
costs of the mediation.
(c) The parties agree to participate in good faith in the mediation process related to
their dispute for a period of thirty (30) days from the commencement of the
mediation. If the parties are not successful in resolving the dispute through
mediation, then:
(1) If both parties agree, they may submit the matter to a binding arbitration or
a private adjudicator which has been mutually agreed upon; or
(2) Either party may initiate litigation upon ten (10) days advance written
notice to the other party.
14390031.2/010609.0074
12. COUNTERPARTS
This Agreement may be executed in counterparts, all of which together shall constitute
one and the same Agreement.
13. INTEGRATION
This document represents the entire Agreement between the parties. The parties
acknowledge that this Agreement supersedes and replaces any and all prior agreements between
the parties regarding the subject matter herein. No modification of the terms hereof shall be
effective unless in writing and duly executed by the authorized representatives of the respective
parties.
14. NO ADMISSION OF LIABILITY
The parties acknowledge and agree that neither this Agreement, the act of entering into it,
nor an actor or omission pursuant hereto shall be construed as an admission of any nature.
15. BINDING EFFECT
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, successors and assigns. The Owner shall promptly notify Circle K within
five (5) days of any transfer of its interest in the Property and shall provide a copy of this
Agreement to any and all transferees.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and
effective as of the last date set forth below.

_______________________________ CIRCLE K STORES INC.,
a Texas Corporation

By: By:

Name: Name:

Name: Name:

Date: Date:

14390031.2/010609.0074
EXHIBIT “A”

SITE MAP

DEPICTING LOCATION OF THE PROPERTY

FOR OFFICE USE ONLY

PERMIT NO. ISSUED DATE
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES
APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM
PLEASE TYPE OR PRINT CLEARLY

In accordance with the provisions of Article 7, Chapter 87, General Statutes of North Carolina and regulations pursuant thereto,
application is hereby made for a permit to construct monitoring or recovery wells.

1. Date:

2. County:

3. What type of well are you applying for? (monitoring or recovery):

4. Applicant: Telephone:

Applicant’s Mailing Address:

Applicant’s Email Address (if available):

5. Contact Person (if different than Applicant): Telephone:

Contact Person’s Mailing Address:

Contact Person’s Email Address (if available):

6. Property Owner (if different than Applicant): Telephone:

Property Owner’s Mailing Address:

Property Owner’s Email Address (if available):

7. Property Physical Address (Including PIN Number)
City County Zip Code

8. Reason for Well(s):
(ex: non-discharge permit requirements, suspected contamination, assessment, groundwater contamination, remediation, etc.)

9. Type of facility or site for which the well(s) is(are) needed:
(ex: non-discharge facility, waste disposal site, landfill, UST, etc.)

10. Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s).

11. Type of contaminants being monitored or recovered:
(ex: organics, nutrients, heavy metals, etc.)

12. Are there any existing wells associated with the proposed well(s)? If yes, how many?

Existing Monitoring or Recovery Well Construction Permit No(s).:

13. Distance from proposed well(s) to nearest known waste or pollution source (in feet):

14. Are there any water supply wells located less than 500 feet from the proposed well(s)?

If yes, give distance(s):

15. Well Contractor: Certification No.:

Well Contractor Address:

PROPOSED WELL CONSTRUCTION INFORMATION

1. As required by 15A NCAC 02C .0105(f)(7), attach a well construction diagram of each well showing the following:

a. Borehole and well diameter e. Type of casing material and thickness
b. Estimated well depth f. Grout horizons
c. Screen intervals g. Well head completion details
d. Sand/gravel pack intervals
Continued on Reverse

PROPOSED WELL CONSTRUCTION INFORMATION (Continued)

2. Number of wells to be constructed in unconsolidated
material:

3. Number of wells to be constructed in bedrock:

4. Total Number of wells to be constructed:
(add answers from 2 and 3)
5. How will the well(s) be secured?

6. Estimated beginning construction date:

7. Estimated construction completion date:

ADDITIONAL INFORMATION
1. As required by 15A NCAC 02C .0105(f)(5), attach a scaled map of the site showing the locations of the following:

a. All property boundaries, at least one of which is referenced to a minimum of two landmarks such as identified roads,
intersections, streams, or lakes within 500 feet of the proposed well or well system.
b. All existing wells, identified by type of use, within 500 feet of the proposed well or well system.
c. The proposed well or well system.
d. Any test borings within 500 feet of proposed well or well system.
e. All sources of known or potential groundwater contamination (such as septic tank systems, pesticide, chemical or fuel
storage areas, animal feedlots as defined in G.S. 143-215.10B(5), landfills, or other waste disposal areas) within 500 feet
of the proposed well or well system.

SIGNATURES

The Applicant hereby agrees that the proposed well(s) will be constructed in accordance with approved specifications and conditions of
this Well Construction Permit as regulated under the Well Construction Standards (Title 15A of the North Carolina Administrative Code,
Subchapter 2C) and accepts full responsibility for compliance with these rules

Signature of Applicant or *Agent Title of Applicant or *Agent

* If signing as Agent, attach authorization agreement stating
Printed name of Applicant or *Agent that you have the authority to act as the Agent.

If the property is owned by someone other than the applicant, the property owner hereby consents to allow the applicant to construct
wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the
well(s) conform to the Well Construction Standards (Title 15A of the North Carolina Administrative Code, Subchapter 2C).

Signature of Property Owner (if different than Applicant) Printed name of Property Owner (if different than Applicant)

DIRECTIONS

Please send the completed application to the appropriate Division of Water Resources’ Regional Office:

Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
Phone: [phone]
Fax: [phone]

Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301-5094
Phone: [phone]
Fax: [phone]

Mooresville Regional Office
610 East Center Avenue
Mooresville, NC 28115
Phone: [phone]
Fax: [phone]

Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Phone: [phone]
Fax: [phone]

Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
Fax: [phone]

Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]

Winston-Salem Regional Office
450 W. Hanes Mill Road
Suite 300
Winston-Salem, NC 27105
Phone: [phone]
Fax: [phone]
GW-22MR Rev. 3-1-2016
GW-22M (Rev. 5/11)
15A NCAC 02L .0106 CORRECTIVE ACTION
(a) Where groundwater quality has been degraded, the goal of any required corrective action shall be restoration to
the level of the standards, or as closely thereto as is economically and technologically feasible as determined by the
Department in accordance with this Rule. In all cases involving requests to the Secretary, as defined in 15A NCAC
02C .0102, for approval of corrective action plans, or termination of corrective action, the responsibility for
providing all information required by this Rule lies with the person(s) making the request.
(b) Any person conducting or controlling an activity that results in the discharge of a waste or hazardous substance
or oil to the groundwaters of the State, or in proximity thereto, shall take action upon discovery to terminate and
control the discharge, mitigate any hazards resulting from exposure to the pollutants and notify the Department, as
defined in 15A NCAC 02C .0102, of the discharge.
(c) Any person conducting or controlling an activity that has not been permitted by the Department and that results
in an increase in the concentration of a substance in excess of the standard, other than agricultural operations, shall:
(1) within 24 hours of discovery of the violation, notify the Department of the activity that has
resulted in the increase and the contaminant concentration levels;
(2) respond in accordance with Paragraph (f) of this Rule;
(3) submit a report to the Secretary assessing the cause, significance, and extent of the violation; and
(4) implement an approved corrective action plan for restoration of groundwater quality in accordance
with a schedule established by the Secretary. In establishing a schedule, the Secretary shall
consider a schedule proposed by the person submitting the plan. A report shall be made to the
Health Director of the county or counties in which the contamination occurs in accordance with
the requirements of Rule .0114(a) in this Section.
Any activity not permitted pursuant to G.S. 143-215.1 or G.S. 130A-294 shall, for the purpose of this Rule, be
deemed not permitted by the Department and subject to the provisions of this Paragraph.
(d) Any person conducting or controlling an activity that is conducted under the authority of a permit initially issued
by the Department on or after December 30, 1983 pursuant to G.S. 143-215.1 or G.S. 130A-294 and that results in
an increase in concentration of a substance in excess of the standards:
(1) at or beyond a review boundary: the person shall demonstrate, through predictive calculations or
modeling, that natural site conditions, facility design and operational controls will prevent a
violation of standards at the compliance boundary. Alternately, the person may submit a plan for
alteration of existing site conditions, facility design, or operational controls that will prevent a
violation at the compliance boundary, and implement that plan upon its approval by the Secretary.
(2) at or beyond a compliance boundary: the person shall respond in accordance with Paragraph (f) of
this Rule, assess the cause, significance and extent of the violation of standards and submit the
results of the investigation, and a plan and proposed schedule for corrective action to the
Secretary. The permittee shall implement the plan as approved by and in accordance with a
schedule established by the Secretary. In establishing a schedule the Secretary shall consider any
schedule proposed by the permittee, the scope of the project, the extent of contamination, and the
corrective action being proposed.
(e) Any person conducting or controlling an activity that is conducted under the authority of a permit initially issued
by the Department prior to December 30, 1983 pursuant to G.S. 143-215.1 or G.S. 130A-294, and that results in an
increase in concentration of a substance in excess of the standards at or beyond the compliance boundary specified
in the permit, shall:
(1) within 24 hours of discovery of the violation, notify the Department of the activity that has
resulted in the increase and the contaminant concentration levels;
(2) respond in accordance with Paragraph (f) of this Rule;
(3) submit a report to the Secretary assessing the cause, significance and extent of the violation; and
(4) implement an approved corrective action plan for restoration of groundwater quality at or beyond
the compliance boundary, in accordance with a schedule established by the Secretary. In
establishing a schedule the Secretary shall consider any schedule proposed by the person
submitting the plan. A report shall be made to the Health Director of the county or counties where
the contamination occurs in accordance with the requirements of Rule .0114(a) in this Section.
(f) Initial response required to be conducted prior to or concurrent with the assessment required in Paragraphs (c),
(d), or (e) of this Rule shall include:
(1) Prevention of fire, explosion, or the spread of noxious fumes;
(2) Abatement, containment, or control of the migration of contaminants;
(3) Removal, treatment, or control of any primary pollution source such as buried waste, waste
stockpiles, or surficial accumulations of free products;
(4) Removal, treatment, or control of secondary pollution sources that would be potential continuing
sources of pollutants to the groundwaters, such as contaminated soils and non-aqueous phase
liquids. Contaminated soils that threaten the quality of groundwaters shall be treated, contained,
or disposed of in accordance with rules in this Chapter and in 15A NCAC 13 applicable to such
activities. The treatment or disposal of contaminated soils shall be conducted in a manner that will
not result in a violation of standards or North Carolina Hazardous Waste Management rules.
(g) The site assessment conducted pursuant to the requirements of Paragraphs (c), (d), or (e) of this Rule, shall
include:
(1) The source and cause of contamination;
(2) Any imminent hazards to public health and safety, as defined in G.S. 130A-2, and any actions
taken to mitigate them in accordance with Paragraph (f) of this Rule;
(3) All receptors and significant exposure pathways;
(4) The horizontal and vertical extent of soil and groundwater contamination and all significant
factors affecting contaminant transport; and
(5) Geological and hydrogeological features influencing the movement, chemical, and physical
character of the contaminants.
Reports of site assessments shall be submitted to the Department as soon as practicable or in accordance with a
schedule established by the Secretary. In establishing a schedule the Secretary shall consider a proposal by the
person submitting the report.
(h) Corrective action plans for restoration of groundwater quality, submitted pursuant to Paragraphs (c), (d), and (e)
of this Rule shall include:
(1) A description of the proposed corrective action and reasons for its selection;
(2) Specific plans, including engineering details where applicable, for restoring groundwater quality;
(3) A schedule for the implementation and operation of the proposed plan; and
(4) A monitoring plan for evaluating the effectiveness of the proposed corrective action and the
movement of the contaminant plume.
(i) In the evaluation of corrective action plans, the Secretary shall consider the extent of any violations, the extent of
any threat to human health or safety, the extent of damage or potential adverse impact to the environment,
technology available to accomplish restoration, the potential for degradation of the contaminants in the environment,
the time and costs estimated to achieve groundwater quality restoration, and the public and economic benefits to be
derived from groundwater quality restoration.
(j) A corrective action plan prepared pursuant to Paragraphs (c), (d), or (e) of this Rule shall be implemented using a
remedial technology demonstrated to provide the most effective means, taking into consideration geological and
hydrogeological conditions at the contaminated site, for restoration of groundwater quality to the level of the
standards. Corrective action plans prepared pursuant to Paragraphs (c) or (e) of this Rule may request an exception
as provided in Paragraphs (k), (l), (m), (r), and (s) of this Rule.
(k) Any person required to implement an approved corrective action plan for a site subject to Paragraphs (c) or (e)
of this Rule may request that the Secretary approve such a plan without requiring groundwater remediation to the
standards. A request submitted to the Secretary under this Paragraph shall include a description of site-specific
conditions, including information on the availability of public water supplies for the affected area; the technical
basis for the request; and any other information requested by the Secretary to evaluate the request in accordance
with Subparagraphs (1) through (7) of this Paragraph. The person making the request shall demonstrate:
(1) that all sources of contamination and free product have been removed or controlled pursuant to
Paragraph (f) of this Rule;
(2) that the time and direction of contaminant travel can be predicted with reasonable certainty;
(3) that contaminants have not and will not migrate onto adjacent properties, or that:
(A) such properties are served by an existing public water supply system dependent on
surface waters or hydraulically isolated groundwater; or
(B) the owners of such properties have consented in writing to the request;
(4) that the standards specified in Rule .0202 of this Subchapter will be met at a location no closer
than one year time of travel upgradient of an existing or foreseeable receptor, based on travel time
and the natural attenuation capacity of subsurface materials or on a physical barrier to groundwater
migration that exists or will be installed by the person making the request;
(5) that, if the contaminant plume is expected to intercept surface waters, the groundwater discharge
will not possess contaminant concentrations that would result in violations of standards for surface
waters contained in 15A NCAC 02B .0200;
(6) that public notice of the request has been provided in accordance with Rule .0114(b) of this
Section; and
(7) that the proposed corrective action plan would be consistent with all other environmental laws.
(l) Any person required to implement an approved corrective action plan for a site subject to Paragraphs (c) or (e) of
this Rule may request that the Secretary approve such a plan based upon natural processes of degradation and
attenuation of contaminants. A request submitted to the Secretary under this Paragraph shall include a description of
site-specific conditions, including written documentation of projected groundwater use in the contaminated area
based on current state or local government planning efforts; the technical basis for the request; and any other
information requested by the Secretary to evaluate the request in accordance with Subparagraphs (1) through (10) of
this Paragraph. The person making the request shall demonstrate:
(1) that all sources of contamination and free product have been removed or controlled pursuant to
Paragraph (f) of this Rule;
(2) that the contaminant has the capacity to degrade or attenuate under the site-specific conditions;
(3) that the time and direction of contaminant travel can be predicted based on subsurface conditions
and the contaminant's physical and chemical properties;
(4) that contaminant migration will not result in any violation of applicable groundwater standards at
any existing or foreseeable receptor;
(5) that contaminants have not and will not migrate onto adjacent properties, or that:
(A) such properties are served by an existing public water supply system dependent on
surface waters or hydraulically isolated groundwater; or
(B) the owners of such properties have consented in writing to the request;
(6) that, if the contaminant plume is expected to intercept surface waters, the groundwater discharge
will not possess contaminant concentrations that would result in violations of standards for surface
waters contained in 15A NCAC 02B .0200;
(7) that the person making the request will put in place a groundwater monitoring program that, based
on subsurface conditions and the physical and chemical properties of the contaminant, will
accurately track the degradation and attenuation of contaminants and contaminant by-products
within and down gradient of the plume and to detect contaminants and contaminant by-products
prior to their reaching any existing or foreseeable receptor at least one year's time of travel
upgradient of the receptor and no greater than the distance the groundwater at the contaminated
site is predicted to travel in five years;
(8) that all necessary access agreements needed to monitor groundwater quality pursuant to
Subparagraph (7) of this Paragraph have been or can be obtained;
(9) that public notice of the request has been provided in accordance with Rule .0114(b) of this
Section; and
(10) that the proposed corrective action plan would be consistent with all other environmental laws.
(m) The Department or any person required to implement an approved corrective action plan for a site subject to
Paragraphs (c) or (e) of this Rule may request that the Secretary approve termination of corrective action.
(1) A request submitted to the Secretary under this Paragraph shall include:
(A) a discussion of the duration of the corrective action, the total project cost, projected
annual cost for continuance and evaluation of the success of the corrective action;
(B) an evaluation of alternate treatment technologies that could result in further reduction of
contaminant levels, projected capital, and annual operating costs for each technology; and
(C) the effects, including health and safety impacts, on groundwater users if contaminant
levels remain at levels existing at the time corrective action is terminated.
(2) In addition, the person making the request shall demonstrate:
(A) that continuation of corrective action would not result in a significant reduction in the
concentration of contaminants. This demonstration shall show the duration and degree of
success of existing remedial efforts to attain standards. For the purpose of this Part, a
"significant reduction" is demonstrated by showing that the asymptotic slope of the
contaminants curve of decontamination is less than a ratio of 1:40 over a term of one year
based on quarterly sampling;
(B) that contaminants have not and will not migrate onto adjacent properties, or that:
(i) such properties are served by an existing public water supply system dependent
on surface waters or hydraulically isolated groundwater; or
(ii) the owners of such properties have consented in writing to the request;
(C) that, if the contaminant plumes are expected to intercept surface waters, the groundwater
discharge will not possess contaminant concentrations that would result in violations of
standards for surface waters contained in 15A NCAC 02B .0200;
(D) that public notice of the request has been provided in accordance with Rule .0114(b) of
this Section; and
(E) that the proposed termination would be consistent with all other environmental laws.
(3) The Secretary shall not authorize termination of corrective action for any area that, at the time the
request is made, has been identified by a state or local groundwater use planning process for
resource development.
(4) The Secretary may authorize the termination of corrective action, or amend the corrective action
plan after considering all the information in the request. In making the authorization, the
Secretary shall consider health and safety impacts on all existing and foreseeable receptors and the
impacts the contaminated plume may have if it reaches them. Upon termination of corrective
action, the Secretary shall require implementation of a groundwater monitoring program that,
based on subsurface conditions and the physical and chemical properties of the contaminants, will
accurately track the degradation and attenuation of contaminants at a location of no less than one
year's predicted time of travel upgradient of any existing or foreseeable receptor. The monitoring
program shall remain in effect until there is sufficient evidence that the contaminant
concentrations have been reduced to the level of the standards. For the purpose of this Part,
"sufficient evidence" means that sampling and analyses demonstrate that contaminant
concentrations have been reduced to the level of the standards on multiple sampling events.
(n) Upon a determination by the Secretary that continued corrective action would result in no significant reduction
in contaminant concentrations, and the contaminated groundwaters can be rendered potable by treatment using
technologies that are in use in other applications and shown to be effective for removal of contaminants, the
Secretary may designate the remaining area of degraded groundwater RS. Where the remaining degraded
groundwaters cannot be made potable by such treatment, the Secretary may consider a request for reclassification of
the groundwater to a GC classification as outlined in Rule .0201 of this Subchapter.
(o) If at any time the Secretary determines that a new technology is available that would remediate the contaminated
groundwater to the standards specified in Rule .0202 of this Subchapter, the Secretary may require the responsible
party to evaluate the economic and technological feasibility of implementing the new technology in an active
groundwater corrective action plan in accordance with a schedule established by the Secretary. The Secretary's
determination to utilize new technology at any site or for any particular constituent shall include a consideration of
the factors in Paragraph (h) of this Rule.
(p) Where standards are exceeded as a result of the application of pesticides or other agricultural chemicals, the
Secretary shall request the Pesticide Board or the Department of Agriculture and Consumer Services to assist the
Department in determining the cause of the violation. If the violation is determined to have resulted from the use of
pesticides, the Secretary shall request the Pesticide Board to take appropriate regulatory action to control the use of
the chemical or chemicals responsible for, or contributing to, such violations, or to discontinue their use.
(q) The approval pursuant to this Rule of any corrective action plan, or modification or termination thereof, that
permits the migration of a contaminant onto adjacent property, shall not affect any private right of action by any
party that may be affected by that contamination.
(r) If a discharge or release is not governed by the rules in Section .0400 of this Subchapter and the increase in the
concentration of a substance in excess of the standard resulted in whole or in part from a release from a commercial
or noncommercial underground storage tank as defined in G.S. 143-215.94A, any person required to implement an
approved corrective action plan pursuant to this Rule and seeking reimbursement for the Commercial or
Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Funds shall implement a corrective action
plan meeting the requirements of Paragraph (k) or (l) of this Rule unless the person demonstrates to the Secretary
that:
(1) contamination resulting from the discharge cannot qualify for approval of a plan based on the
requirements of the Paragraphs; or
(2) the cost of making such a demonstration would exceed the cost of implementing a corrective
action plan submitted pursuant to Paragraph (c) of this Rule.
(s) If a discharge or release is not governed by the rules in Section .0400 of this Subchapter and the increase in the
concentration of a substance in excess of the standard resulted in whole or in part from a release from a commercial
or noncommercial underground storage tank as defined in G.S. 143-215.94A, the Secretary may require any person
implementing or operating a previously approved corrective action plan pursuant to this Rule to:
(1) develop and implement a corrective action plan meeting the requirements of Paragraphs (k) and (l)
of this Rule; or
(2) seek discontinuance of corrective action pursuant to Paragraph (m) of this Rule.

History Note: Authority G.S. 143-215.1; 143-215.3; 143-215.94A; 143-215.94T; 143-215.94V; 143B-282;
1995 (Reg. Sess. 1996) c. 648, s. 1;
Eff. August 1, 1989;
Amended Eff. October 1, 1993; September 1, 1992;
Temporary Amendment Eff. January 2, 1998; January 2, 1996;
Amended Eff. July 1, 2016; October 29, 1998.