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HomeMy WebLinkAbout20180582 Ver 2_Public Notice Comments w Attachments_20191007Strickland, Bev From: Kelly Elizabeth < kelly@lawyersasheville.com > Sent: Monday, October 07, 2019 3:01 PM To: SVC_DENR.publiccomments Cc: david.w.brown@usace.army.mil; Higgins, Karen; Hargrove, Andrew D; scottjones@usace.army.mil; Scott Jones Subject: [External] Cashiers Canoe Club, Comments on Project ID# 20180582 Attachments: Ltr to Permitting (Attachs. Indexed).pdf External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Good afternoon, Enclosed please find correspondence from Scott Jones regarding the above -referenced Project. Thank you, Kelly Elizabeth Legal Assistant Barbour, Searson, Jones & Cash, PLLC 21 Battery Park Avenue Suite 201 Asheville, NC 28801 (828) 252-5555 (828) 575-5997 Kelly@ lawyersasheville.com gr THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS E-MAIL MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION OR COPYING OF THIS E-MAIL MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS E-MAIL MESSAGE IN ERROR, PLEASE NOTIFY US IMMEDIATELY BYTELEPHONE. THANK YOU! BARBOUR SEARSON ]ONES CASH Attorneys 7 October 2019 NC Division of Water Resources 401 Permitting 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Email: PublicComments@ncdenr.gov Re: Cashiers Canoe Club, Comments on Project ID# 20180582 Dear Madam/Sir: On behalf of Donna H. Lehn, Phyllis Monahan, and William Monahan, all of whom together own the property known as 197 Cashiers Lake Road, I am objecting to the proposed application. Ms. Monahan and Ms. Lehn live at that location (the "Monahan-Lehn property") and use their onsite well for drinking water. The Monahan-Lehn property is a property of less than one-half acre. The Cashiers Canoe Club Development, owner of 89 +/- acres, has applied to your office seeking approval to dredge Cashiers Lake and remove approximately 86,000 cubic yards of sludge at the bottom of the lake and dump it in a large pile immediately behind the Monahan-Lehn property. Multiple members of the community provided testimony to the effect that the Cashiers Plastics Plant, which operated during the 1970s and 1980s, dumped copious quantities of chemical waste into the lake and/or streams that led to the lake. We believe that significant amounts of bis (2-ethylhexyl)phthalate (aka di(2-ethylhexyl)phthalate and DEHP), among other chemicals, were released into the lake by the Cashiers Plastics Plant. CCCD has not made any representation as to testing performed on the sediment at the bottom of Cashiers Lake and in the surrounding wetlands that it seeks to dredge. Significantly, CCCD has conspicuously failed to represent that its dredging and discharge of sludge behind the Monahan-Lehn property will not have an adverse impact on the groundwater of the wells of the Monahan-Lehn property (or the Malinda Holley property located at 215 Cashiers Lake Road or the Jeff Collins property located on the other side of the Monahan-Lehn property). NC DEQ rules require that Section 401 applicants "must demonstrate that they have avoided and minimized impacts to [waters of the State] to the maximum extent practical." Groundwaters, including private wells, are waters of the State. See N.C. Gen Stat. § 143-212(6), Attach. 01. CCCD has failed to do so. Moreover, based on the proposed rule 15 NCAC 02C, already submitted for comment and ready for approval, if the aforementioned wells are contaminated from the sludge from CCCD's dredging, the Monahan, Lehn, Holley, and Collins families must permanently abandon their wells, which would render their properties worthless to anyone who did not control community water lines from an alternative water source (like CCCD). See Proposed Rule 15 NCAC 02C.0112, Attach. 02 at 3. Solutions for Serious Problems 21 Battery ParkAvenue Suite 201, Asheville, NC 28901 phone 828-252-5555 www.lawyersasheville.com • A Section 401 water quality certifications is required for any federally permitted or licensed activity that may result in a discharge of waters of the United States. See https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer- permitting-branch/frequently (NC DEQ FAQ, Attach. 03). • The North Carolina Division of Water Resources (DWR) is the state agency in North Carolina responsible for issuing Section 401 water quality certifications. See NC DEQ FAQ, Attach. 03. • A Section 401 water quality certification from DWR "certifies that that a givenrp olect will not degrade the Waters of the State or violate State water quality standards." See NC DEQ FAQ, Attach. 03 (emphasis added). • Before the DWR may certify a Section 401 application, the "applicant [] must demonstrate that they have avoided and minimized impacts [to the Waters of the State] to the maximum extent practical." See NC DEQ FAQ, Attach. 03 (emphasis added). o Avoid means that the applicant has designed the project to avoid impacts to [Waters of the State, including considering] alternative ... locations." See NC DEQ FAQ, Attach. 03 (emphasis added). o Minimize means that when the applicant demonstrates that it took the maximum extent practical to avoid impacts [to the Waters of the State] and such impacts could not be avoided, the applicant must then demonstrate that it took the maximum extent practical to minimize impacts to the Waters of the State, including considering alternative options and locations. See NC DEQ FAQ, Attach. 03 (emphasis added). • As set forth in Section 6 of its application to the U.S. Army Corps of Engineers (USACE), CCCD does not mention any consideration or contemplation whatsoever of locating the spoils of its dredging activities anywhere other than behind the Monahan-Lehn half -acre property (despite owning 89+/- acres in this location (and countless other properties throughout town). See Section 6 of the USACE Application, Attach. 03 at 2. • Only when "the Regional Administrator determines that there is reasonable assurance that the proposed activity will not result in a violation of applicable water quality standards, he shall so certify. See 40 C.F.R. § 121.24 (7-1-18 Edition), Attach. 04. Based on the record before the DWR, and as set forth herein, (1) the applicant has not demonstrated that it has taken any efforts (let alone the maximum extent practical) to avoid and/or minimize adverse impacts from the relocation of sludge adjacent to the land on which the wells of the Monahan, Lehn, Holley, and Collins families lie, which sludge is believed to contain contaminants that could poison the groundwaters of those wells. Accordingly, the Regional Administrator does not have "reasonable assurance that the proposed activity will not result in a violation of applicable water quality standards" and accordingly, cannot, on this record, certify such by approving CCCD's Section 401 application. • At the September 5, 2019, DWR hearing, Malinda Holley, owner of the property at 215 Cashiers Lake Road, adjacent to the Monahan-Lehn property and the dumping site for the Cashiers Lake sludge, testified that during the 1970s, the Cashiers Plastics Plant dumped all kinds of contaminants into Cashiers Lake. She further stated that for years afterwards, there were "three -eyed fish" and, simply, that the lake was heavily contaminated. Ms. Holley noted that contaminated sludge dumped adjacent to the Monahan, Lehn, Collins, and Holley properties would adversely affect the groundwater in each of their wells and their property values. She bluntly asked DWR: "Are core samples being taken?" See 20180582 Ver 2 Public Hearing Audio 20190905 (Begin 15:15 min.), found at https://edocs.deg.nc.gov/WaterResources/Browse.aspx?startid=665703&dbid=0 • At the September 5, 2019, DWR hearing, Kitty Eazon said that if the contaminants from the Cashiers Plastics Plant are dredged up from Cashiers Lake, "they're going to be where you put them." She also asked DWR: "Has anyone tested what is in the lake from the Cashiers Plastics Plant?" She noted that the contaminants are likely to leach back to the adjacent waters, which waters are the headwaters to the Chattooga River. See 20180582 Ver 2 Public Hearing Audio 20190905 (Begin 32:00 min.), found at https://edocs.deg.nc.gov/WaterResources/Browse.aspx?startid=665703&dbid=0 • The Chattooga River Conservancy further stated that "[h]armful contaminants from the old Cashiers Plastics Corporation are thought to be in the Cashiers Lake's wetlands and lake bed, and thus would be in the dredging spoils. (Chemicals from the plastics plant reportedly leaked or otherwise wound up in the soil around the plastics plant, which subsequently was deposited as erosion and sediment in the Cashiers Lake and wetlands.)" See https://chattoogariver.org/action-alert-cashiers-lake-dredging-development/ • Adjacent to Cashiers Lake, an environmental protection agency for either the State or the federal government capped a well, presumably for contamination. See Capped and Locked Well pictures, Attach. 05. According to the 2010 Census, 157 people resided in the town of Cashiers, North Carolina, a 1.1 square mile unincorporated village. See https://en.wikipedia.org/wiki/Cashiers, North Carolina. It is not likely that in a town of so few residents in close geographic proximity would not know what goes on there. • In December 1969, the Cashiers Plastics Corporation broke ground in Cashiers, NC. See Cashiers Plastics Plant pictures, Attach. 06 at 1. • In the early 1970s, the Cashiers Plastics plant began manufacturing injection molded plastic goods. See Cashiers Plastics Plant pictures, Attach. 06 at 1-2. • In December 1984, the Environmental Protection Agency (EPA) issued the Development Document for Effluent Limitations Guidelines for Plastics Molding and Forming (EPA Guide on Plastics Molding and Forming). See https://www.epa.gov/sites/production/files/2018- 03/documents/plastics-molding-forming dd 1984.pdf (Attach. 07). • The EPA noted that for Plastics Molding and Forming (PM&F) manufacturing facilities that used process waters (i.e., water that comes into contact with plastic material during processing), almost 50% of those plants "discharge [those] waters directly to rivers and streams".' See EPA Guide on Plastics Molding and Forming, Attach. 07 at 4. • Process waters come into contact with the plastic materials at three points in the manufacturing process: (1) the cooling and heating stage; (2) the cleaning stage; and (3) the finishing stage. See EPA Guide on Plastics Molding and Forming, Attach. 07 at 5. • The process waters used through this process generate byproducts, which the EPA identifies as "priority Toxic Pollutants." See EPA Guide on Plastics Molding and Forming, Attach. 07 at 6. • One of the most common Priority Toxic Pollutants generated from the PM&F manufacturing process is bis (2-ethylhexyl)phthalate (aka di(2-ethylhexyl)phthalate and DEHP). DEHP is discharged from both Stages 1 and 3 of the PM&F manufacturing process. See EPA Guide on Plastics Molding and Forming, Attach. 07 at 6. 1 Given the consistent testimony of the witnesses described herein in this town of 157, combined with the picture of the Cashiers Plastics Corporations' successful well drilling to "provide water to the plastics plant," it is probable that the Cashiers Plastics Plant utilized process waters in the PM&F manufacturing process. See Cashiers Plastics Plant pictures, Attach. XX at 3. • Other common EPA Priority Toxic Pollutants generated as a result of the PM&F manufacturing process are: phenol, zinc, di -n -butyl phthalate, and dimethyl phthalate. See EPA Guide on Plastics Molding and Forming, Attach. 07 at 6. There are additional EPA Priority Toxic Pollutants that are less common as well, that are byproducts of the PM&F process water manufacturing process. See EPA Guide on Plastics Molding and Forming, Attach. 07 at 7. • According to the World Health Organization (WHO), the hydrolysis half-life of DEHP is more than 100 years. See Di(2-ethylhexyl)phthalate in Drinking -water Background document for development of WHO Guidelines for Drinking -water Quality, Attach. 08 in pertinent part, at 6; see also the Center for Disease Control, Section 6, Potential for Human Exposure, https://www.atsdr.cdc.gov/toxprofiles/tp9-c6.pdf. Translated: After 100 years, 50% of the DEHP in a water body breaks down (after the next 100 years, only 25% of the DEHP remains). • When DEHP breaks down, it "is not broken down into simple chemicals — the main breakdown product is the monoester (mono-ethylhexyl phthalate or MEHP), that is known to have adverse effects on reproduction in mammals." See Scientific Facts on Diethylhexyl phthalate, Attach. 09, at 3. • "[L]aboratory tests indicate a high potential for bioaccumulation (increasing concentrations over time) of DEHP in organisms that live in water and [DEHP] binds strongly to sediment, soil, and [] sludge." See Scientific Facts on Diethylhexyl phthalate, Attach. 09, at 3. • High levels of DEHP, like those from PM&F manufacturing sites, "can have adverse affects on fish." See Scientific Facts on Diethylhexyl phthalate, Attach. 09, at 4. Conspicuously absent from CCCD's application to the Corps of Army Engineers is any representation that the 86,000 cubic yards of sludge from Cashiers Lake that it will be dumping behind the Monahan-Lehn property will not result in any adverse impact to the groundwater and/or adjacent wells. See Sections 5.3, 6.3, 8.2.3, 8.5, and 8.5.1, Attach. 10 at 1-5. • The State of North Carolina has drafted submitted for comment, revised, prepared, and proposed Rule 15A NCAC 02C.0112, Well Construction Standards, for implementation. Under this rule, "A well that is not maintained by the owner to conserve and protect the groundwater resources or that constitutes a source or channel of contamination to the water supply ... shall be permanently abandoned." See Attach. 02 at 3. • Proposed Rule 15A NCAC 02C, Well Construction Standards, defines "Contamination" as the "introduction of foreign materials of such nature, quality, and quantity to the groundwaters as to exceed the groundwater quality standards set forth in 15A NCAC 02 .0200. See Proposed Rule 15A NCAC 02C, Well Construction Standards, Attach. 02 at 2. • Contaminants are defined as "any substance occurring in groundwater in concentrations which exceed the groundwater quality standards specified in Rule .0202 of this subchapter." See 15A NCAC 02L.0102(4), Definitions, Attach. 11. • 15A NCAC 02 .0202 sets the maximum allowable concentrations of contaminants before groundwater is rendered "unsuitable." Detection of contaminants "at or above the practical quantitation limit constitutes a violation of the standard. See 15A NCAC 02L .0202(a) and (b)(1), Definitions, Attach. 12. • "Where two or more substances exist in combination," a determination may be made that the combination, even at amounts lower than the threshold amount for each contaminant separately, may be determined to constitute a violation of the standard. See 15A NCAC 02L .0202(b)(2), Definitions, Attach. 12. • Bis(2-ethyl hexyl) phthalate (di(2-ethylhexyl)phthalate) (aka DEHP), Dibutyl (or di-n- butyl)phthalate, Phenol, and Zinc are all contaminants identified in 15A NCAC 02 .0202, where groundwater in a well with amounts in excess of those listed would result in the owner of the well having to abandon her well. See 15A NCAC 02L .0202(h), Definitions, Attach. 12; see also Proposed Rule 15A NCAC 02C.0112, Well Construction Standards, Attach. 02. • According to Proposed Rule 15A NCAC 02C .0113(g), Abandonment of Wells, Monahan and Lehn (and Holley and Collins) would be responsible for permanent abandonment of their well in the event it became contaminated from CCCD's Cashiers Lake sludge. See Proposed Rule 15A NCAC 02C.0113, Well Construction Standards, Attach. 02 at 3-4. If as a result of the State not requiring that the Cashiers Lake wetlands and sediment first be thoroughly tested for contaminants prior to dredging and relocation, and the Monahan, Lehn, Holley, and Collins wells were contaminated by Cashiers Lake sludge, and the wells for these families had to be permanently abandoned, these property owners would be deprived of almost the entire value of their land. The Monahan, Lehn, Holley, and Collins properties are the only three properties that keep the CCCD development from being enclosed. See April 10, 2019 submission to DWR, Attach. 13 at 11. CCCD could then purchase all three properties for virtually nothing and, as owner of all surrounding land, run water lines and clean, uncontaminated water from its well located near the Cashiers Library and Police Station. Until CCCD takes affirmative measures to review all alternative locations for the placement of its dredging spoils in a location not located near the Monahan and/or Lehn wells, it has not "designed the project to avoid impacts to [Waters of the State, including considering] alternative ... locations." See NC DEQ FAQ, Attach. 03 (emphasis added). Alternatively, a neutral and trusted source like the federal EPA (or their third -party contract designee), thoroughly testing the wetlands and Cashiers Lake bed sediment for chemicals associated with the process waters associated with PM&F manufacturing would be a step to minimize the impact of the dredge spoils on the groundwater in the Monahan-Lehn well (and those of their neighbors' wells). Until such (or equivalent) steps are taken and completed, "the Regional Administrator [cannot] determine that there is reasonable assurance that the proposed activity will not result in a violation of applicable water quality standards." See 40 C.F.R. § 121.24 (7-1-18 Edition), Attach. 04. Under such circumstances, the Regional Administrator should not certify the application and, thus, it should not be granted. Sincerely, W. Scott Jones, Esq. Cc: Andrew Hargrove Karen Higgins M. Scott Jones David W. Brown § 143-212. Definitions. Unless a different meaning is required by the context, the following definitions apply to this Article and Articles 2 1 A and 2 1 B of this Chapter: (1) "Area of the State" means a municipality, a county, a portion of a county or a municipality, or other substantial geographic area of the State designated by the Commission. (2) "Commission" means the North Carolina Environmental Management Commission. (3) "Department" means the Department of Environmental Quality. (4) "Person" includes individuals, firms, partnerships, associations, institutions, corporations, municipalities and other political subdivisions, and governmental agencies. (5) "Secretary" means the Secretary of Environmental Quality. (6) "Waters" means any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other body or accumulation of water, whether surface or underground, public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of this State, including any portion of the Atlantic Ocean over which the State has jurisdiction. (1987, c. 827, s. 152A; 1989, c. 727, s. 218(103); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1991 (Reg. Sess., 1992), c. 1028, s. 1; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(u), (v).) ATTACH . 01 TITLE 15A — DEPARTMENT OF ENVIRONMENTAL QUALITY Notice is hereby given in accordance with G.S. 150E-21.2 and G.S. 150B-21.3A(c)(2)g. that the Environmental Management Commission intends to adopt the rule cited as 15A NCAC 02C.0309, readopt with substantive changes the rules cited as 15A NCAC 02C .0102, .0105, .0107-.0114, .0116-.0119, .0204, .0206, .0207, .0211, .0218-.0230, .0240, .0241, and .0301-.0308, and readopt without substantive changes the rules cited as 15A NCAC 02C .0101, .0201-.0203,.0208-.0210,.0217, and .0242. Pursuant to G.S. 150B -21.2(c)(1), the text of the rule(s) proposed for readoption without substantive changes are not required to be published. The text of the rules are available on the OAHwebsite: http://reports.oah.state.nc.uslncac.asp. Link to agency website pursuant to G.S. 150B -19.1(c): https://deq.nc.govlnews/events/public-notice-hearings Proposed Effective Date: July 1, 2019 Public Hearing: Date: December 4, 2018 Place: Cape Fear Community College — Union Station Location: 502 N. Front St., Wilmington, NC 28401 Room: 512 Time Reserved: 4:00p.m. to 8:00p.m. Public Hearing Start Time: 6:00p.m. Hearing Officer: Julie Wilsey Newspaper: Wilmington Star Public Hearing: Date: December 6, 2018 Place: Western Piedmont Community College — Foothills Higher Education Center Location: 2128 South Sterling St., Morganton, NC 28655 Room: HEC 163 Time Reserved: 4: 00 p. m. to 8:00 p. m. Public Hearing Start Time: 6:00p.m. Hearing Officer: Mitch Gillespie Newspaper: Asheville Citizen Times Public Hearing: Date: December 13, 2018 Place: Martin Community College — Building 1 Location: 1161 Kehukee Park Road, Williamston, NC 27892 Room: Room 10A Time Reserved: 4: 00 p.m. to 8:00 p.m. Public Hearing Start Time: 6:00p.m. Hearing Officer: Steve Keen Newspaper: Daily Reflector Public Hearing: Date: December 11, 2018 Place: Archdale Building Location: 512 North Salisbury Street, Raleigh, NC 27604 Room: Ground Floor Hearing Room Time Reserved: 4: 00 p.m. to 8: 00 p.m. Public Hearing Start Time: 6: 00 p.m. Hearing Officer: Steve Keen Newspaper: News & Observer Reason for Proposed Action: To readopt rules that establish thefollowing: 1) Requirements for when a permit is required; standards of construction; installation and capacity of pumps and related pumping; well tests for yield; disinfection of water supply wells; and well maintenance, repair and abandonment. 2) Construction and location requirements for injection wells that include aquifer recharge, storage and recovery, and test wells; experimental technology wells; geothermal wells, groundwater remediation wells; and other less common injection wells. 3) Requirements for permitting and inspection ofprivate drinking water wells. To readopt rules pursuant to G.S. 150B -21.3A. Attach. 02 Comments may be submitted to: 2C Rule Comments, Department of Environmental Quality, Division of Water Resources, Animal Feeding Operations and Groundwater Protection Section, 1636 Mail Service Center, Raleigh, NC 27699-1636, email 15ancac2crule—comments@lists.ncmail.net Comment period ends: January 14, 2019 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 15013-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(bl). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000. Fiscal impact (check all that apply). ® State funds affected 15A NCAC 02C.0304 ❑ Environmental permitting of DOT affected Analysis submitted to Board of Transportation ® Local funds affected 15A NCAC 02C.0304 ❑ Substantial economic impact (2:$1,000,000) ® Approved by OSBM 15A NCAC 02C.0304 ® No fiscal note required by G.S. 15011-21.4 15A NCAC 02C except .0304 ® No fiscal note required by G.S. 150B-21.3A(d)(2) 15A NCAC 02C except .0304 CHAPTER 02 - ENVIRONMENTAL MANAGEMENT SUBCHAPTER 02C - WELL CONSTRUCTION STANDARDS SECTION .0100 - CRITERIA AND STANDARDS APPLICABLE TO WATER -SUPPLY AND 15A NCAC 02C.0101 GENERAL PROVISIONS (READOPTION WITHOUT SUBSTANTIVE CHANGES) 15A NCAC 02C.0102 DEFINITIONS The terms used in this Subchapter shall be as defined in G.S. 87-85 and as follows, unless the context otherwise requires: (1) "Abandon" means to discontinue the use of and to seal a well according to the requirements of 15A NCAC 02C .0113 of this Section. (2) "Access port" means an opening in the a well casing or well head installed for the prey purpose of determining the position of the water level in the well or to facilitate disinfection. (3) "Agent" means any person who by mutual and leg^' agreement with a well owner has authority to act in on his or her behalf in executing applications for permits. The agent may be either general agent or a limited agent authorized to do one particular act. (4) "Annular Space" means the space between the casing and the walls of the a borehole or outer casing or the space between a liner pipe and well casing. (5) "Artesian flowing well' means airy a well in which groundwater flows above the land surface without the use of a pump; pump where and, under natural conditions, the static water level or hydraulic head elevation is greater than the land surface . elevation. (6) "ASTM" means the American Society for Testing and Materials. (7) "Casing" means pipe or tubing constructed of materials and having dimensions and weights as specified in the rules of this Subchapter, that is installed in a borehole during or after completion of the borehole to support the side of the hole and thereby prevent caving, to allow completion of a well, to prevent formation material from entering the well, to prevent the loss of drilling fluids into permeable formations, and to prevent entry of contamination. (8) "Clay" means a substance comprised of natural, inorganic, fine-grained crystalline mineral fragments W-hieh, that, when mixed with water, forms a pasty, moldable mass that preserves its shape when air dried. (9) "Commission" means the North Carolina Environmental Management Commission or its successor, unless otherwise indicated. (10) "Consolidated rock" means rock that is firm and coherent, solidified or cemented, such as granite, gneiss, limestone, slate or sandstone, that has not been decomposed by weathering. (11) "Contaminate" or "Contamination" means the introduction of foreign materials of such nature, quality, and quantity into the groundwaters as to exceed the groundwater quality standards speei€ed set forth in 15A NCAC 02L..0200. [Note: 15A NCAC 02L .0202(b)(3) addresses where naturally oeetffing substances exceed the established standard.1 (12) "Department" is as defined in G.S. 87-85(5a). (13) "Designed capacity" means that capacity that is equal to the yield that is specified by the well owner or his or her agent prior to construction of the well. Attach. 0 2 (14) "Director" means the Director of the Division of Water Qualify Resources or the Director's delegate. (15) "Division" means the Division of Water Qualify Resources. (16) "Domestic use" means water used for drinking, ba4hing, bathing or other household purposes, livestock, or gardens. (17) "Formation Material" means naturally occurring material generated during the drilling process that is composed of sands, silts, clays or fragments of rock and which is not in a dissolved state. (18) "GPM" and "GPD" mean gallons per minute and gallons per day, respectively. (19) "Grout" means a material approved in accordance with Rule .0107(e) of this Section for use in sealing the annular space of a well or liner or for sealing a well during abandonment. "Lead Free" means materials containing not more than a weighted average of 0.25 percent lead per the Safe Drinking Water Act amended January 4, 2014. (20)(2 1) "Liner pipe" means pipe that is installed inside a completed and cased well for the purpose of preventing the entrance of contamination into the well or for repairing ruptured, corroded or punctured casing or screens. (24)(22) "Monitoring well" means any well constructed for the primary purpose of obtaining samples information about the physical, chemical, radiological, or biological characteristics of groundwater or other liquids for examination of testing liquids, or for the observation or measurement of groundwater levels. This definition excludes lysimeters, tensiometers, and other devices used to investigate the characteristics of the unsaturated zone but includes piezometers, a type of monitoring well constructed solely for the purpose of determining groundwater levels. This definition includes all monitoring well types, including temporary wells and wells using Geoprobe® or direct -push technology (DPT). (2-2-) 23 "Owner" means any person who holds the fee or other property rights in the well being constructed. [Note: Absent a contrary agreement in writing, the Departmen4 will presume that the well owner and the land owner are the same person.4 (24)(L4) "Pitless adapters" or "pitless units" are devices manufactured to the standards specified under 15A NCAC 02C .01070)(5) for the purpose of allowing a subsurface lateral connection between a well and plumbing appurtenances. (24)(25) "Public water system" means a water system as defined in 15A NCAC 18C (Rules Governing Public Water Supplies). (2-5) 26 "Recovery well" means any well constructed for the purpose of removing contaminated groundwater or other liquids from the subsurface. (2-6) 27 "Saline" means having a chloride concentration of more than 250 milligrams per liter. (2-7) 28 "Secretary" means the Secretary of the Department of Eavir-,.ame fft and Natural Resoufees Environmental Quality or the Secretary's delegate. ( 29) "Settleable solids" means the volume of solid particles in a well -mixed one liter sample whie that will settle out of suspension, in the bottom of an Imhoff Cone, after one hour. "Sewer Lateral" means the sewer pipe connecting a structure to a wastewater treatment collection system or a municipal or commercial sewer main line. (2-9)(31) "Site" means the land or water area where any facility, activity or situation is physically located, including adjacent or other land used in connection with the facility, activity or situation. (30)(L2) "Specific capacity" means the yield of the well expressed in gallons per minute per foot of draw -down of the water level (gpm/ft.-dd). (344 33) "Static water level" means the level at which the water stands in the well when the well is not being pumped and is expressed as the distance from a fixed reference point to the water level in the well. (3-2) 34 "Suspended solids" means the weight of those solid particles in a sample which are retained by a standard glass microfiber filter, with pore openings of one and one-half microns, when dried at a temperature between 103 and 105 degrees Fahrenheit. (34)(35) "Temporary well" means a well that is constructed to determine aquifer characteristics,characteristics and which that will be permanently abandoned or converted to a permanent well within seven 21 days n 64hours)(504 hours) of the completion of drilling of the borehole. (34)(36) "Turbidity" means the cloudiness in water-, water due to the presence of suspended particles such as clay and and/or silk silt that may create esthetic problems o laboratory analytical difficulties for determining contamination above 15A NCAC 02L Groundwater Standards. (34) 37 "Vent" means a permanent opening in the well casing or well head, installed for the purpose of allowing changes in the water level in a well due to natural atmospheric changes or to pumping. A vent may also serve as an access port. 38 "Water -tight" means put or fit together so tightly that water cannot enter or pass through. For example, water -tight pipe may be filled with water and tested under pressure between three and five pounds per square inch (psi) for several minutes to detect leaks. (36)(39) "Well" is as defined in G.S. 87-85(14). (3-7)(40) "Well capacity" means the maximum quantity of water that a well will yield continuously as determined by methods outlined in 15A NCAC 02C .0110. (3-8)(41) "Well head" means the upper terminal of the well including adapters, ports, valves, seals, and other attachments. (3-9)(42) "Well system" means two or more wells connected to the same distribution or collection system or, if not connected to a distribution or collection system, two or more wells serving the same site. (40)L43"Yield" means the volume of water or other fluid per time that can be discharged from a well under a given set of circumstances. History Note: Authority G.S. 87-85; 87-87; 143-214.2; 143-215.3; Eff. February 1, 1976; Attach. 02 Amended Eff. September 1, 2009; April 1, 2001; December 1, 1992; July 1, 1988; March 1, 1985; September 1, 1984. Readopted Eff.' <date>. 15A NCAC 02C .0105 PERMITS (a) it is the Anding of the Commission that the efftife geegr-aphieal afea of the state is vulnerable to gratmdwater- politAien . , - per-ly leea4ed, eeastFueted, epeFated, altefed, or- aba-adened wells. Therefore, in order to ensure reasonable pr-eteetion of the ses, -­- pe-missieff ffam the Pepaftmeat shall be obtained far- the construction of the types of wells efffifflerated in Paragraph (b) of this Rule. (b)fa) No person shall locate or construct any of the following wells until a permit has been issued by the Department: (1) any water -well or well system with a designed capacity of to pump 100,000 gallons per day (gpd) or greater more during one calendar year; (2) any well added to an existing system where if the total designed capacity of such existing well system and added well will equal or exceed 100,000 gpd; (3) any temporary or permanent monitoring well or monitoring well system, including wells installed usingdirect-pus technology (DPT) or Geoprobe® technology, constructed to assess hydrogeologic conditions on property not owned by the well owner; (4) any recovery well; (5) any well with a design deviation from the standards specified under the rules of this Subchapter, including wells for which a variance is required. f0(12) The Department shall issue permits for wells used for geothermal heating and cooling, r-eekafge aquifer storage and recovery (ASK), or other injection purposes in accordance with 15A NCAC 02C .0200. (d)(r� The Department shall issue permits for private drinking water wells in accordance with 15A NCAC 02C .0300, including private drinking water wells with a designed capacity greater than 100,000 gallons per day and private drinking water wells for which a variance is required. (e -)(d) An application for any well requiring a permit pursuant to Paragraph (b)fa) of this Rule shall be submitted by the owner or his or her agent. In the event that the permit applicant is not the owner of the property on which the well or well system is to be constructed, the permit application shall contain written approval from the property owner and a statement that the applicant assumes total responsibility for ensuring that the well(s) will be located, constructed, maintained and abandoned in accordance with the requirements of this Subchapter. (I}Lej The application shall be submitted to the Department on forms furnished by the Department, and shall include the following: (1) the owner's name; (2) the owner's mailing address and proposed well site address; (3) description of the well type and activity requiring a permit; (4) site location (map); (5) a map of the site, to scale, showing the locations of: (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 proposed well or well system; (B) all existing wells, identified by type of use, within 500 feet of 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; and (E) all sources of known or potential groundwater contamination (such as septic tank systems; pesticide, chemical or fuel storage areas; animal feedlots, as defined by G.S. 143-215.1OB(5); landfills or other waste disposal areas) within 500 feet of the proposed well. (6) the well contractor's name and state certification number, if known; and (7) construction diagram of the proposed well(s) including specifications describing all materials to be used, methods of construction and means for assuring the integrity and quality of the finished well(s). (g)(b For water supply wells or well systems with a designed capacity of 100,000 gpd or greater the application shall include, in addition to the information required in Paragraph (Oe) of this Rule: (1) the number, yield and location of existing wells in the system; (22,) the water system's name and reference number if already a public water supply system, (2}QJ the designed capacity of the proposed well(s); (-3)(41 for wells to be screened in multiple zones or aquifers, representative data on the static water level and pH, specific conductance, and concentrations of sodium, potassium, calcium, magnesium, sulfate, chloride, and carbonates from each aquifer or zone from which water is proposed to be withdrawn. The data submitted shall be sufficient to demonstrate that construction of the proposed well will satisfy the requirements of 15A NCAC 02C .0107(h)(2); (4)(5) a copy of any water use permit required pursuant to G.S. 143-215.15; and (5)L6) any other well construction information or site specific information deemed necessary by for the Department for the protection of human health and theenvir-onme . to ensure compliance with G.S. 87-84. NW For those monitoring wells with a design deviation from the specifications of 15A NCAC 02C .0108 of this Section, in addition to the information required in Paragraph (OLe) of this Rule, the application shall include: (1) a description of the subsurface conditions sufficient to evaluate the site. Data from test borings, wells, and pumping tests may be necessary; (2) a description of the quantity, character and origin of the contamination; (3) justification for the necessity of the design deviation; and Attach. 02 (4) any other well construction information or site specific information deemed necessary by for the Department for the protection of human health and the ee . to ensure compliance with G.S. 87-84. (})(Iij For those recovery wells with a design deviation from the specifications in 15A NCAC 02C .0108 of this Section, in addition to the information required in Paragraphs (€)am and (h)W of this Rule, the application shall describe the disposition of any fluids recovered if the disposal of those fluids will have an impact on any existing wells other than those installed for the express purpose of measuring the effectiveness of the recovery well(s). ( In the event of an emergency, any well listed in Subparagraph (b)(oa)f 11 through {b}E4) a 4of this Rule may be constructed after verbal approval is provided by the Department. After -the -fact applications shall be submitted by the person responsible for drilling or owner within ten days after construction begins. The application shall include construction details of the well(s) and include the name of the person who gave verbal approval and the time and date that approval was given. W(l) The well owner or his or her agent, and the North Carolina certified well contractor shall see that a permit is secured prior to the beginning of construction of any well for which a permit is required under the rules of this Subchapter. History Note: Authority G.S. 87-87; 143-215.1; Eff. February 1, 1976; Amended Eff. September 1, 2009; April 1, 2001; December 1, 1992; March 1, 1985; September 1, 1984; April 20, 4978-1978; Readopted Eff. <date>. 15A NCAC 02C .0107 STANDARDS OF CONSTRUCTION: WATER SUPPLY WELLS (a) Location. (1) A water supply well shall not be located in any area where surface water or runoff will accumulate around the well due to depressions, drainage ways, and other landscapes that will concentrate water around the well. (2) The minimu horizontal separation between a water supply well and potential sources of groundwater contamination whit that exist at the time the well is ^^meted; constructed is -as shall be no less than as follows unless otherwise speeded: specified in Subpara rg aph (a)(3) of this Rule: (A) Septie taiiv .-ad dr -airfield, ineluding ,a,ain fiel repair- e 100 Single-family dwelling with septic tank and drainfield, including the drainfield repair area 50 feet (B,) Single-family dwelling with septic tank and drainfield, including the drainfield repair area in saprolite system as described in 15A NCAC 18A .1956 100 feet LQ All other facilities with septic tank and drainfield, including drainfield repair area 100 feet ( )M Other subsurface ground absorption waste disposal system 100 feet {�} Industrial or municipal residuals disposal or wastewater -irrigation sites 100 feet (� Industrial or municipal Sewage sewage or liquid -waste collection or transfer- sewer main, constructed n ion to water main standards in accordise�vi T5-ANCAC n'LT.n305(g)(2}oriTSANCAC ��1n 19A .1950(e), applicable in the American Water Works Association (AWWA) Standards C600 and/or C900, which can be obtained from AWWA at American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235, at a cost of one hundred and four dollars ($104.00) 50 feet (G,) Water -tight sewer lateral line from a residence or other non-public system to a sewer main or other wastewater disposal system 25 feet (-R)LH,) Other sewage and liquid -waste collection or transfer facility 100 feet (F)(11) Cesspools and privies 100 feet "CJ) Animal feedlots, as defined by G.S. 143-215.1 OB(5), or manure or litter piles 100 feet "UK Fertilizer, pesticide, herbicide herbicide, or other chemical storage areas 100 feet (1)(LJ Non -hazardous waste storage, '`�e^cr atmeni treatment, or disposal lagoons 100 feet (-J)M Sanitary landfills, municipal solid waste landfill facilities, incinerators, construction and demolition (C&D) landfills landfills, and other disposal sites except Land Clearing and Inert Debris landfills 500 feet (K40D Land Clearing and Inert Debris (LCID) landfills 100 feet (-b)LW Animal barns 100 feet (M)(D Building perimeters, including any attached structures that need a building permit, such as garages, patios, or decks, regardless of foundation construction type 25 feet (fin Surface water bodies whiel3 that act as sources of groundwater recharge, such as ponds, lakes lakes, stormwater retention ponds, and reservoirs 50 feet (0)(R) All other surface water bodies, such as brooks, creeks, streams, rivers, sounds, bays bays, and tidal estuaries 25 feet (P)US Chemical or petroleum fuel underground storage tank systems regulated under 15A NCAC 02N: (i) with secondary containment 50 feet (ii) without secondary containment 100 feet (Q)(D Above ground or underground storage tanks .c that contain petroleum fuels used for heating equipment, boilers boilers, or furnaces, with the exception of tanks used solely for storage of propane, natural gas, or liquefied petroleum gas 50 feet (R)LU) All other petroleum or chemical storage tank systems 100 feet (S)M Gravesites 50 feet Coal ash landfills or impoundments Atta e 200 (T)M All other potential sources of groundwater contamination 50 feet (3) For a water supply well [as defined in G.S. 87 95( 2) as defined in G.S. 87-85(13) on a lot serving a single-family dwelling and intended for domestic use, where lot size or other fixed conditions preclude the separation distances specified in Subparagraph (a)(2) of this Rule, the required horizontal separation distances shall be the maximum possible but shall in no case be less than the following: (A) , ineluding dr-ainfield r -e -pt sapr-olite systems as defined in 15 NGAG r ioni956(6) 50 feet (9)(A) Industrial or municipal Sewage sewage or liquid -waste collection or tmnsfef 4eility sewer main, constructed a i NCAC n i NCAC ion to water main standards �-aceerse�v� T �n C �� n �in� tis applicableas stated in the AWWA Standards C600 and/or C900 25 feet (qM Animal barns 50 feet Minimum separatie Separation distances for all other potential sources of groundwater contamination shall be those specified in Subparagraph (a)(2) of this Rule. (4) In addition to the minimu separation distances specified in Subparagraph (a)(2) of this Rule, a well or well system with a designed capacity of 100,000alg lons per day gpd GPD or greater shall be located a sufficient distance from known or anticipated sources of groundwater contamination so as to prevent a violation of applieable groundwater quality standards,standards specified in 15A NCAC 02L .0202 resulting from the movement of ea contaminants in response to the operation of the well or well system at the proposed rate and schedule of pumping. (5) Wells drilled for public water supply systems regulated by the Division of Environmental 14 Public Water Supply Section of the Division of Water Resources shall meet the requirements of 15A NCAC 18C. (b) Source of water. (1) The source of water for any water supply well shall not be from a water bearing zone or aquifer that is contaminated; (2) In designated areas described in 15A NCAC 02C .0117 of this Section, the source shall be greater than 35 43 feet below land surface; (3) In designated areas described in 15A NCAC 02C .0116 of this Section, the source may be less than 20 feet below land surface, but in no case less than 10 feet below land surface; (4) For wells constructed with separation distances less than those specified in Subparagraph (a)(2) of this Rule based on lot size or other fixed conditions as specified in Subparagraph (a)(3) of this Rule, the source shall be greater than 34 43 feet below land surface except in areas described in Rule .0116 of this Section; and (5) In all other areas the source shall be at least 20 feet below land surface. (c) Drilling Fluids and Additives. Fluids. Drilling Fluids and Additives shall not contain organic or toxic substances or include water obtained from surface water bodies or water from a non -potable supply and may shall be comprised only of: (1) the The formational material encountered during drilling; or (2) materials Materials manufactured specifically for the purpose of borehole conditioning or water well construction. (d) Casing. (1) If steel casing is used: (A) The casing shall be new, seamless seamless, or electric -resistance welded galvanized or black steel pipe. Galvanizing shall be done in accordance with requirements of ASTM A53/A53M-07, which is her-eb incorporated by rye reference including subsequent amendments and editions, editions and can be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C 700, West Conshohocken, PA, 19428- 2959 at a cost of arty one loll fs ($5 nm; eighty dollars and forty cents ($80.40); (B) The casing, threads and couplings shall meet or exceed the specifications of ASTM A53/A53M-07 or A589/589M-06, which is hereby incorporated by reference, including subsequent amendments and editions, and can be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C 700, West Conshohocken, PA, 19428-2959 at a cost of $ Fay e dollars (S5 nm and F Ay three dollars ($43 nm respectively; eighty dollars and forty cents ($80.40), and fifty-two dollars ($52.00), respectively; (C) The wall thickness for a given diameter shall equal or exceed that specified in Table 1; TABLE 1: MINIMUM WALL THICKNESS FOR STEEL CASING: Nominal Diameter Wall Thickness (inches) (inches) For 3.5 inch or smaller pipe, schedule Schedule 40 is required 4 0.142 0.156 5.5 0.164 6 0.185 8 0.250 10 0.279 12 0.330 14 and larger 0.375 (D) Stainless steel casing, threads, and couplings shall conform in specifications to the general requirements in ASTM A530/A530M-04a, which is hereby incorporated by r- e, reference including subsequent amendments and editions, editions and can be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C 700, West Conshohocken, PA, 19428-2959 at a cost of thirty seven dollars ($37.00)5 fortv-six dollars ($46.00), and also shall conform to the specific requirements in the ASTM standard that best describes the chemical makeup of the stainless steel casing that is intended for use in the construction of the well; (E) Stainless steel casing shall have a minimum wall thickness that is equivalent to standard schedule Schedule number IOS; and (F) Steel casing shall be equipped with a drive shoe if the casing is driven in a consolidated rock formation. The drive shoe shall be made of forged, high carbon, tempered seamless steel and shall have a beveled, hardened cutting edge. edge; and All material shall be lead free. (2) If Thermoplastic Casing is used: (A) The casing shall be new; new and manufactured in compliance with standards of ASTM F480-14, which is hereby. i�rporated by reference includingsubsequent ubsequent amendments and editions, and can be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C 700, West Conshohocken, PA, 19428-2959 at a cost of sixty-seven dollars ($67.00); (B) The casing and joints shall meet or exceed all the specifications of ASTM F480 -06b, except that the outside diameters shall not be restricted to those listed in ASTM F480 -06b, which is hereby incorporated by rye, reference including subsequent amendments and editions, editions and can be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C 700, West Conshohocken, PA, 19428-2959 at a cost of fifty efte dollars ($5 nm; eighty dollars and forty cents ($80.40); (C) The depth of installation for a given Standard Dimension Ratio (SDR) or Schedule number thickness shall not exceed that listed in Table 2 unless, up request a unless the Department, Department is provided written documentation from the manufacturer of the casing stating that the casing may safely be used at the depth at which it is to be installed is provided. TABLE 2: Maximum allowable depths (in feet) of Installation of Thermoplastic Water Well Casing Casing. Dimensional standards for PVC pipe are specified in ASTM F 480-14. Nominal Maximum Depth Maximum Depth Diameter (inches) (in feet) for (in feet) for Schedule 40 Schedule 80 485 1460 415 1170 3.5 315 920 4 253 755 5 180 550 6 130 495 8 85 340 10 65 290 Attach. 02 12 65 270 14 50 265 16 50 255 Maximum Maximum Maximum Depth(in Depth(in Depth(in feet) for feet) for feet) for SDR 21 SDR 17 SDR 13.5 All Diameters 185 355 735 (D) Thermoplastic casing with wall thickness less than that corresponding to SDR 21 or Schedule 40 shall not be used; (E) For wells in which the casing will extend into consolidated rock, thermoplastic casing shall be equipped with a eaiipling, coupling or other device approved by the manufacturer of the easing, canine that is sufficient to protect the physical integrity of the thermoplastic casing during the processes of seating and grouting the casing and subsequent drilling operations; and (F) Thermoplastic casing shall not be driven by impact, but may be pushed. up shed; PVC well casing joints shall meet the requirements of ASTM F 480-14; and (H,) Screws or similar mechanical fasteners shall not be used for joining PVC well casing (3) In constructing any well, all water -bearing zones that contain contaminated, saline, or other non -potable water shall be cased and grouted so that contamination of overlying and underlying groundwater zones shall will not occur. (4) Every well shall be cased so that the bottom of the casing extends to ^ w.inim,.,., depth as follows: the following depths: (A) Wells located within the area described in Rule .0117 of this Section shall be cased from land surface to a depth of at least 35 43 feet. (B) Wells located within the area described in Rule .0116 of this Section shall be cased from land surface to a depth of at least 10 feet. (C) Wells constructed with separation distances less than those specified in Subparagraph (a)(2) of this Rule based on lot size or other fixed conditions as specified in Subparagraph (a)(3) of this Rule shall be cased from land surface to a depth of at least 35 43 feet except in areas described in Rule .0116 of this Section. (D) Wells located in any other area shall be cased from land surface to a depth of at least 20 feet. (5) The top of the casing shall be terminated at least 12 inches above land surface, regardless of the method of well construction and type of pump to be installed. (6) The casing in wells constructed to obtain water from a consolidated rock formation shall meet the requirements specified i of Subparagraphs (d)(1) through (d)(5) of this Rule and shall be: shall: (A) ate prevent any formational material from entering the well in excess of the levels specified in Paragraph (h) of this Rule; and (B) firmly be seated at least five feet into the rock. (7) The casing in wells constructed to obtain water from an unconsolidated rock formation (such as gravel, sand sand, or shells) shall extend at least one foot into the top of the water -bearing formation. (8) Upon completion of the well, the well shall be sufficiently free of obstacles including formation material as necessary to allow for the installation and proper operation of pumps and associated equipment. (9) Prior to removing equipment from the site, the top of the casing shall be sealed with a water -tight cap or well seal, as defined in G.S. 87-85(16), to preclude the entrance of contaminants into the well. (e) Allowable Grouts. (1) One of the following grouts shall be used wherever grout is required by a rule of this Section. Where a particular type of grout is specified by a Rule rule of this Section, no other type of grout shall be used. (A) Neat cement grout shall consist of a mixture of not more than six gallons of clear, potable water to one 94 pound bag of Portland cement. Up to five percent, by weight, of untreated Wig sodium bentonite 4 boy may be used to improve flow and reduce shrinkage. The Wig sodium bentonite shall be 200 mesh with a yield rating of 90 barrels per ton. If bentonite is used, additional water may be added at a rate not to exceed 0.6 gallons of water for each pound of untreated Wyoming sodium bentonite. (B) Sand cement grout shall consist of a mixture of not more than two parts sand and one part cement and not more than six gallons of clear, potable water per 94 pound bag of Portland cement. (C) Concrete grout shall consist of a mixture of not more than two parts gravel or rock cuttings to one part cement and not more than six gallons of clear, potable water per 94 pound bag of Portland cement. One hundred percent of the gravel or rock cuttings must be able to pass through a one-half inch mesh screen. (D) Bentonite slurry grout shall consist of a mixture of not more than 24 gallons of clear, potable water to one 50 pound bag of commercial granular Wyoming sodium bentonite. Non-organic, non-toxic substances may be Attach. 02 added to bentonite slurry grout mixtures to improve particle distribution and pumpability. Bentonite slurry grout may only be used in accordance with the manufacturer's written instructions. (E) Bentonite chips or pellets shall consist of pre-screened Wyoming sodium bentonite chips or compressed sodium bentonite pellets with largest dimension of at least one-fourth inch but not greater than one-fifth of the width of the annular space into which they are to be placed. Bentonite chips or pellets shall be hydrated in place. Bentonite chips or pellets may shall only be used in accordance with the manufacturer's written instructions. (F) Specialty grout shall consist of a mixture of non-organic, non-toxic materials with characteristics of expansion, chemical-resistance, rate or heat of hydration, viscosity, density density, or temperature-sensitivity applicable to specific grouting requirements. Specialty grouts may shall not be used without prior approval by the Seeretary Director. Approval of the use of specialty ^ otAs shall be h^"^a demonstration that the finished grot♦ has ., permeability less than 101 centimeters p second .,,,..] will no adversely impact human health or the environment. A request for approval of a specialty grout shall be submitted to the Director and shall include the following information: a demonstration of non-toxicity, such as American National Standard Institute (ANSI) or National Sanitation Foundation, Inc. (NSF) Standard 60 certification, which is hereby incorporated by reference including subsequent amendments and editions, and can be obtained from NSF International, P.O. Box 130140, 789 North Dixboro Road, Ann Arbor, MI 48105 at a cost of three hundred and twenty-five dollars ($325.00); ii the results of an independent laboratory that demonstrate the finished product has a permeability of less that 1x10-6 centimeters per second and, if the product is used in areas of brackish or saline groundwater, the grout will not degrade over the lifetime of the well; (iii) a general procedure for mixing and emplacing the grout; iv the tyres of wells the request would apply to; and (y) any other additional information the Department needs to ensure compliance with G.S. 87-84. (2) With the exception of bentonite chips or pellets, the liquid and solid components of all grout mixtures shall be blended prior to emplacement below land surface. (3) No fly ash, other coal combustion byproducts, or other wastes may shall be used in any grout. (f) Grout emplacement. (1) Casing shall be grouted to a minimum depth of twenty feet below land surface except that in those areas designated in Rule .0116 of this Section, grout shall extend to a depth of two feet above the screen or, for open end wells, to the bottom of the casing, but in no case less than 10 feet. to a depth of two feet above the screen or-, for open end wells, to the bottom of the casing, but in no case less {}in these areas designated by the Director- to meet the oriteria of Rule.01 16 of this Section, grout shall exten ♦h.,,srrarnv ccT (B) in those areas designated in Rule .0 117 of this Section, grout shall extend to a minimum of 3 5 feet bele land „ (2) In addition to the grouting required by Subparagraph (f)(1) of this Rule, the casing shall be grouted as necessary to seal off all aquifers or zones that contain contaminated, saline, or other non-potable water so that contamination of overlying and underlying aquifers or zones shall not occur. (3) Bentonite slurry grout may be used in that portion of the borehole that is at least three feet below land surface. That portion of the borehole from land surface to at least three feet below land surface shall be filled with a concrete or cement-type grout or bentonite chips or pellets that are hydrated in place. (4) Grout shall be placed around the casing by one of the following methods: (A) Pressure. Grout shall be pumped or forced under pressure through the bottom of the casing until it fills the annular space around the casing and overflows at the surface; (B) Pumping. Grout shall be pumped into place through a hose or pipe extended to the bottom of the annular space whieh that can be raised as the grout is applied. The grout hose or pipe shall remain submerged in grout during the entire application; or (C) Other. Grout may be emplaced in the annular space by gravity flow i s� to ensure complete filling of the space. Gravity flow shall not be used if water or any visible obstruction is present in the annular space within the applicable minimum grout depth specified in Subparagraph (f)(1) of this Rule at the time of grouting, with the exception that bentonite chips or pellets may be used if water is present, present and if designed for that purpose. (5) If a RtAe rule of this Section requires grouting of the casing to a depth greater than 20 feet below land surface, the pumping or pressure method shall be used to grout that portion of the borehole deeper than 20 feet below land surface, with the exception of bentonite chips and pets pellets used in accordance with Part (f)(4)(C) of this Rule. (6) If an outer casing is installed, it shall be grouted by either the pumping or pressure method. (7) Bentonite chips or pellets shall be used in compliance with all manufacturer's instructions including pre-screening the material to eliminate fine-grained particles, installation rates, hydration methods, tamping, and other measures to prevent bridging. (8) Bentonite grout shall not be used to seal zones of water with a chloride concentration of 1,500 milligrams per liter or greater. For wells installed on the barrier island from the Virginia state line south to Ocracoke Inlet, chloride concentrations shall be documented and reported as required by 15A NCAC 02C .01140)(e). Attach. 02 (9) The well shall be grouted within seven days after the casing is set. If the well penetrates any water-bearing zone that contains saline water, the well shall be grouted within one day after the casingis s set. (10) No additives whie that will accelerate the process of hydration shall be used in grout for thermoplastic well casing. (11) e If grouting is required by the provisions of this Section, the grout shall extend outward in all directions from the casing wall to a minimum thickness equal to either one-third of the diameter of the outside dimension of the casing or two inches, whichever is ; bu� in ne ease shall a well be r-e"ir-ed to ha-ve an apmulaf gr-etA sea! thiekness oa4er- than f of i ehes greater. 12 In no case shall a well be required to have an annular grout seal thickness greater than four inches. (1-2)(B) For wells constructed in locations where flowing artesian conditions are encountered or expecte to O-ecuf, the well shall be adequate! grouted to protect the artesian aquifer, prevent erosion of overlying material material, and confine the flow within the casing. (g) Well Screens. (1) The well, if constructed to obtain water from an unconsolidated rock formation, shall be equipped with a screen that will prevent the entrance of formation material into the well after the well has been developed and completed. (2) The well screen shall be of a design to permit the optimum development of the aquifer with minimum head loss consistent with the intended use of the well. The openings shall be designed to prevent clogging and shall be free of rough edges, iffe,.m�'=___t_es irregularities, or other defects that may accelerate or contribute to corrosion or clogging. (3) Multi-screen wells shall not connect aquifers or zones why that have differences in water quality or potentiometric surfaces why that would result in contamination of any aquifer or zone. (h) Gravel-and Sand-Packed Wells. (1) In constructing a gravel-or sand-packed well: (A) The packing material shall be composed of quartz, granite, or similar mineral or rock material and shall be elean-, of uniform size, water washe water-washed, and free from clay, silt, or and other deleterious materia' toxic materials. (B) The size of the packing material shall be determined from a grain size analysis of the formation material and shall be of a size sufficient to prohibit the entrance of formation material into the well in concentrations above those permitted by Paragraph (i) of this Rule. (C) The packing material shall be placed in the annular space around the screens and casing by a fluid circulation method to ensure accurate placement and avoid bridging. (D) The packing material shall be disinfected. (2) The packing material shall not connect aquifers or zones whie that have differences in water quality that would result in contamination of any aquifer or zone. (i) All water supply wells shall be developed by the well contractor. Development shall include removal of formation materials, mud, drilling fluids fluids, and additives additives, such that the water contains no more than: (1) fwe Five milliliters per liter of settleable solids; and (2) 4-0 Ten NTUs of turbidity as suspended solids. Development does not require efforts to reduce or eliminate the presence of dissolved constituents which that are indigenous to the ground water quality in that area. (j) Well Head Completion. (1) Access Port. Every water supply well shall be equipped with a usable access port or air line, except for the following: thesewitn a multi-pipe deep well with jet pump or adapter mounted on the well casing or well head head; and wells with casing two inches or less in diameter where if a suction pipe is connected to a suction lift pump. The access port shall be at least one half inch inside the diameter opening so that the position of the water level can be determined determined. at any time. The port shall be installed and maintained in such manner as to prevent entrance of water or foreign material. (2) Well Contractor Identification Plate. (A) An identification plate, showing the well contractor and certification number and the information specified in Part (j)(2)(E) of this Rule, shall be installed on the well within 72 hours after completion of the drilling. (B) The identification plate shall be constructed of a durable weatherproof, rustproof meW-, metal or other material approved by the Department as equivalent. (C) The identification plate shall be permanently attached to either the aboveground portion of the well casing, surface grout pad pad, or enclosure floor around the casing where it is r-eadilvisible and in a manner that does not obscure the information on the identification plate. (D) The identification plate shall not be removed 1.y any person. removed. (E) The identification plate shall be stamped to show the: the following: (i) the total depth of well; (ii) the casing depth (feet) and inside diameter (inches); (iii) the screened intervals of screened wells; (iv) the packing interval of gravel -errg avel-packed or sand-packed wells; (v) the yield, in gallons per minute (gpm} (gpm) or specific capacity in gallons per minute per foot of drawdown (gam (gpm/ft. of drawdown); (vi) the static water level and the date it was measured; (vii) the date the well was completed; and (viii) the well construction permit number or numbers, if such a permit is required. (3) Pump Installation Information Plate. Attach. 02 (A) An information plate, showing the well contractor and certification number of the person installing the pump, pump and the information specified in Part 0)(3)(D) of this Rule, shall be permanently attached to either the aboveground portion of the well casing, the surface grout pad p d or the enclosure floor, if present, where it is r-eadily visible and in ^ mapmer that lees not abbe fe the information on the identification p44e1p within 72 hours after completion of the pump installation; (B) The information plate shall be constructed of a dofable durable, waterproof, rustproof metal metal or other material approved by the r,op..,-.me fft as ^ alepA; Department; (C) The information plate shall not be removed by any removed; and (D) The information plate shall be stamped or engraved to show the: the following: (i) the date the pump was installed; (ii) the depth of the pump intake; and (iii) the horsepower rating of the pump. (4) Controlled flow. Every artesian flowing well shall be constructed, equipped equipped, and operated to prevent the wmeeessary uncontrolled discharge of water. groundwater. Flow shall be completely stopped unless the discharge is for- beaoa^:^, use and only for- the au facie ,. ftha4 beae&ial , ^ Flow discharge control shall be provided to conserve the groundwater resource and prevent or reduce the loss of artesian hydraulic head. Flow control may consist of valved pipe connections, watertight pump connections, receiving tank, flowing well pitless adapter, paelefap c� or other methods approved by the Department to prevent the loss of artesian hydraulic head and stop the flow of water as referenced in G.S. 87-88(d). Well owners a -e shall be responsible for the operation and maintenance of the valve. (5) Pitless adapters or pitless units a+e shall be allowed as a method of well head completion under the following conditions: (A) Design, installation installation, and performance standards are those specified in PAS -97(04), which is hereby incorporated by rime, reference including subsequent amendments and editions, editions and can be obtained from the Water System Council National Programs Office, 1101 30' Street, N.W., Suite 500, Washington, DC 20007 at no cost; (B) The pitless device is compatible with the well casing; (C) The top of the pitless unit extends at least 12 inches above land surface; (D) The excavation surrounding the casing and pitless device is filled with grout from the top of the casing grout to the land surface; and (E) The pitless device has an access port. (6) All openings for piping, wiring, and vents shall enter into the well at least 12 inches above land surface, except where pitless adapters or pitless units are used, and shall be hely sealed to preclude the entrance of contaminants into the well. The final land surfaceagr de adjacent to the well head shall be such that surface water is diverted away fro the well. History Note: Authority G.S. 87-87; 87-88; S.L. 2018-65; Ef.February 1, 1976; Amended Eff. May 14, 2001; December 1, 1992; March 1, 1985; September 1, 1984; April 20, 1978; Temporary Amendment Eff. August 3, 2001; Amended Eff. September 1, 2009; August 1, 2802. 2002; Readopted Eff. <date>. 15A NCAC 02C.0108 STANDARDS OF CONSTRUCTION: WELLS OTHER THAN WATER SUPPLY (a) No well shall be located, constructed, operated, or repaired in any manner that may adversely impact the quality of groundwater. (b) Injection wells shall conform to the standards set forth in Section .0200 of this Subchapter. (c) Monitoring wells and recovery wells shall be located, designed, constructed, operated operated, and abandoned with materials and by methods whie that are compatible with the chemical and physical properties of the contaminants involved, specific site conditions conditions, and specific subsurface conditions. (d) Monitoring well and recovery well boreholes shall not penetrate to a depth greater than the depth to be monitored or the depth from which contaminants are to be recovered. Any portion of the borehole that extends to a depth greater than the depth to be monitored or the depth from which contaminants are to be recovered shall be grouted completely to prevent vertical migration of contaminants. (e) The well shall not hydraulically connect: (1) separate aquifers; or (2) those portions of a single aquifer where contamination occurs in separate and definable layers within the aquifer. (f) The well construction materials used shall be compatible structurally stable, corrosion resistant, and non-reactive based upon with the depth of the well and any contaminants to be monitored or recovered. (g) The well shall be constructed in such a manner that water or contaminants from the land surface cannot migrate along the borehole annulus into any packing material or well screen area. (h) In non -water supply wells, packing material placed around the screen shall extend at least one foot or greater above the top of the screen screen. Unless the depth of *h^ s^r^^^ ^^^^ hates ^ thinner seal-, and a one foot orrg eater thick seal, comprised of chip or pellet bentonite or other material approved by the Department as equivalent, shall be emplaced directly above and in contact with the packing material. If shallow groundwater is observed within five feet or less of land surface during well construction, the packing material and seal shall comply with Para rg aph (j) of this Rule. (i) In non -water supply wells, grout shall be placed in the annular space between the outermost casing and the borehole wall from the land surface to the top of the bentonite seal above any well screen or to the bottom of the casing for o/`11tg }y(Ws. 'T out shall comply with Paragraph (e) of Rule .0107 of this Sectien Section. ex -P, that 'be upper three feet of grout shall be concrete or ent (i) For non -water supply wells in which the stabilized water table is visible within five feet of land surface during well installation or field investigation activities, well construction shall meet each of the following requirements: Packing material placed in the annular space around the well screen shall extend six inches or greater above the top of the screen; A six-inch or greater thick seal comprised of chip or pellet bentonite shall be placed in the annular space above and in direct contact with the packing material; 0 A one -foot or greater seal of concrete or cement grout shall be installed in the annular space from land surface to the top of the bentonite seal (upper one foot of well horizon); and Shallow wells of this class shall be equipped with a two -foot or greater concrete pad around the well, flush with the land surface to prevent surface water infiltration. If a well is installed under Paragraph (j) of this Rule, shallow water table shall be verified by a NC certified well contractor, licensed professional engineer, geologist, or soil scientist and noted on all documents or reporting forms submitted. (j)(!!� All wells shall be grouted within seven days after the casing is set. If the well penetrates any water -bearing zone that contains contaminated or saline water, the well shall be grouted within one day after the casing is set. (k)(D All non -water supply wells, including temporary wells, shall be secured with a locking well cap to ensure against unauthorized access and use. (4)(ml All non -water supply wells shall be equipped with a steel outer well casing or flush -mount cover, set in concrete, and other measures sufficient to protect the well from damage by normal site activities. (m)(n) Any well that would flow under natural artesian conditions shall be valved so that the flow can be regulated. (n)Lo) In non -water supply wells, the well casing shall be terminated no less than 12 inches above land surface unless all of the following conditions are met: (1) site-specific conditions directly related to business activities, such as vehicle traffic, would endanger the physical integrity of the well; and (2) the well head is completed in such a manner so as to preclude surficial contaminants from entering the well. (-e)(p) Each non -water supply well shall have permanently affixed an identification plate. The identification plate shall be constructed of a durable, waterproof, rustproof metal or other material approved by the Department as equivalent and shall contain the following information: (1) well eepAfaeter contractor's name and certification number; (2) the date the well was completed; (3) the total depth of the well; (4) a warning that the well is not for water supply and that the groundwater may contain hazardous materials; (5) depth(s) to the top(s) and bettom(s) of the sen(s); the depth to the top and bottom of each screen; and (6) the well identification number or name assigned by the well owner. (p)(g) Each non -water supply well shall be developed such that the level of turbidity or settleable solids does not preclude accurate chemical analyses of any fluid samples collected or adversely affect the operation of any pumps or pumping equipment. (q}® Wells constructed for the purpose of monitoring or testing for the presence of liquids associated with tanks regulated under 15A NCAC 02N (Criteria and Standards Applicable to Underground Storage Tanks) shall be constructed in accordance with 15A NCAC 02N.0504. (f)Ls,) Wells constructed for the purpose of monitoring for the presence of vapors associated with tanks regulated under 15A NCAC 02N shall: (1) be constructed in such a manner as to prevent the entrance of surficial contaminants or water into or alongside the well casing; and (2) be provided with a lockable cap in order to reasonably ensure against unauthorized access and use. (00t Temporary wells and all other non -water supply wells shall be constructed in such a manner as to preclude the vertical migration of contaminants within and along the borehole channel. (u) Geotechnical borings advanced for building activities such as foundation testing and road bed strength evaluations shall not be considered wells as defined in G.S. 87-85(14,) if they are immediately abandoned after use pursuant to Rule .0113(d)(1) of this Section. These borings shall not require submittal of a well construction or abandonment record pursuant to Rule .0114 of this Section. (v) Soil borings advanced for such activities as collecting soil samples for contamination assessment or characterization soil profiles shall not be considered wells as defined in G.S. 87-85(14) if they are not intended to penetrate the water table and are immediately abandoned after use pursuant to Rule .0113(d)(1) of this Section. These borings shall not require submittal of a well construction or well abandonment records pursuant to Rule .0114 or this Section. History Note: Authority G.S. 87-87; 87-88; Eff. February 1, 1976; Amended Eff. September 1, 2009, April 1, 2001; December 1, 1992; September 1, 1984; April 20, 1978.- 1978: Readopted Ef.<date>. 15A NCAC 02C.0109 PUMPS AND PUMPING EQUIPMENT (a) The pumping capacity of the pump shall be consistent with the intended use and yield characteristics of the well. (b) The pump and related equipment for the well shall be located to permit easy access and removal for repair and maintenance. (c) The base plate of a pump placed directly over the well shall be designed to form a watertight seal with the well casing or pump foundation. Attach. 02 (d) In installations where the pump is not located directly over the well, the annular space between the casing and pump intake or discharge piping shall be closed with a watertight seal. (e) The well head shall be equipped with a screened vent to allow for the pressure changes within the well except if a suction lift pump or single -pipe jet pump is used or artesian, flowing well conditions are encountered. (f) The person installing the pump in any water supply well shall install a threadless sampling tap at the wellhead for obtaining water samples except: (1) In the case of suction pump or offset jet pump installations the threadless sampling tap shall be installed on the return (pressure) side of the pump piping, and (2) In the case of pitless adapter installations, the threadless sampling tap shall be located immediately upstream of the water storage tank. (3) if the wellhead is also equipped with a threaded hose bibb in addition to the threadless sampling tap, the hose bibb shall be fitted with a backflow pro.,en4er o vacuum breaker The threadless sampling tap shall be turned downward, located a minimum of 12 inches above land surface, floor, or well pad, and positioned such that a water sample can be obtained without interference from any part of the wellhead. If the wellhead is also equipped with a threaded hose bibb in addition to the threadless sampling tap, the hose Bibb shall be fitted with a backflow preventer or vacuum breaker. (g) A priming tee shall be installed at the wellhead in conjunction with offset jet pump installations. (h) Joints of any suction line installed underground between the well and pump shall be tight under system pressure. (i) The drop piping and electrical wiring used in connection with the pump shall meet all applicable underwriters specifications. 0) Only potable water shall be used for priming the pump. (k) All materials shall be lead-free. History Note: Authority G.S. 87-87; 87-88; Eff. February 1, 1976,- Amended 976;Amended Eff. September 1, 2009, December 1, 1992; April 20, 197-8. 1978: Readopted Eff. <date>. 15A NCAC 02C .0110 WELL TESTS FOR YIELD (a) Every domestic well shall be tested for capacity by one of the following methods: (1) Pump Method (A) select a permanent measuring point, such as the top of the casing; (B) measure and record the static water level below or above the measuring point prior to starting the pump; (C) measure and record the discharge rate at intervals of 10 minutes or less; (D) measure and record water levels using a steel or electric tape at intervals of 10 minutes or less; (E) continue the test for a period of at least one hour; and (F) make measurements within an accuracy of plus or minus one inch. (2) Bailer Method (A) select a permanent measuring point, such as the top of the casing; (B) measure and record the static water level below or above the measuring point prior to starting the bailing procedure; (C) bail the water out of the well as rapidly as possible for a period of a4 leas one l hour or longer; deter -mine and r-eeer-d the bailing rate in galleas per- ffiinu4e a4 the end of the bailing per4ed; and determine and record the bailingrato inalg lons per minute at the end of the bailing period; and (D)(Q measure and record the water level immediately after stopping bailing process. (3) Air Rotary Drill Method (A) measure and record the amount of water being injected into the well during drilling operations; (B) measure and record the discharge rate in gallons per minute at intervals of one hour or less during drilling operations; (C) after completion of the drilling, continue to blow the water out of the well for at leas 30 minutes or longer and measure and record the discharge rate in gallons per minute at intervals of 10 minutes or less during the period; and (D) measure and record the water level immediately after discharge ceases. (4) Air Lift Method. Measurements shall be made through a pipe placed in the well. The pipe shall have a miaimtt an inside diameter of at least five -tenths of an inch orrg eater and shall extend from top of the well head to a point inside the well that is below the bottom of the air line. (A) Measure and record the static water level prior to starting the air compressor; (B) Measure and record the discharge rate at intervals of 10 minutes or less; (C) Measure and record the pumping level using a steel or electric tape at intervals of 10 minutes or less; and (D) Continue the test for a period of at least one houm hour or longer. (b) Public, Industrial Industrial, and Irrigation Wells. Every industrial or irrigation well and, if required by rule adopted by the Commission for Public Health, every well serving a public water supply system uponemin, completion shall be tested for capacity by the following or equivalent method: (1) The water level in the well to be pumped and any in all observation wells shall be measured and recorded prior to starting the test. Attach. 02 (2) The well shall be tested by a pump of sufficient size and lift capacity to test the yield of the well, consistent with the well diameter and purpose. (3) The pump shall be equipped with sufficient throttling devices to reduce the discharge rate to approximately 25 percent of the maximum capacity of the pump. (4) The test shall be conducted for a period of a4 leas 24 hours or longer without interruption and, except for wells constructed in Coastal Plain aquifers, shall be continued for a period of at least four hours or longer after the pumping water level stabilizes stabilizes. (,.o. — - a—J—) If the total water requirements for wells not serving a public water supply system are less than 100,000 gpd, the well shall be tested for a period and in a manner to show the that the capacity of the well is sufficient to meet the intended purpose. (5) The pump discharge shall be set at a constant rate or rates that can be maintained throughout the testing period. If the well is tested at two or more pumping rates (a step -drawdown test), pumping at each pumping rate shall continue to the point that the pumping water level declines no more than 0.1 feet per hour for a period of at leas four hours or more for each pumping rate, except for wells constructed to Coastal Plain aquifers. In wells constructed in Coastal Plain aquifers, pumping at each pumping rate shall continue for at least four hours. hours or longer. (6) The pump discharge rate shall be measured by an orifice meter, flowmeter, weir, or equivalent metering device. The metering device used shall have as a calibration accuracy within plus or minus five pet. percent of a known standard. (7) The discharge rate of the pump and time shall be measured and recorded at intervals of 10 minutes or less during the first two hours of the pumping period for each pumping rate. If the pumping rate is "elati el constant after the first two hours of pumping, discharge measurements and recording may be made at longer time intervals but not to exceed one hour. (8) The water level in each well and time shall be measured and recorded at intervals of five minutes or less during the first hour of pumping and at intervals of 10 minutes or less during the second hour of pumping. After the second hour of pumping, the water level in each well shall be measured at such intervals that the lowering of the pumping water level does not exceed three inches between measurements. (9) A reference point for water level measurements (preferably the top of the ,..,sing` shall be selected and recorded for the pumping well and each observation well to be measured during the test. All water level measurements shall be made from the selected reference peirt,. points, which shall be permanently marked. (10) All water level measurements shall be made with a steel or electric tape or equivalent measuring device. (11) All water level measurements shall be made within an accuracy of plus or minus one inch. (12) After the completion of the pumping period, measurements of the water level recovery rate in the pumped well shall be made for ^ period of at least two he, rte in the same manner as the drawdevm. drawdown for a period of two hours orregr. ater. History Note: Authority G.S. 87-87; 87-88; Eff. February 1, 1976; Amended Eff. September 1, 2009, April 1, 2001; December 1, 1992; September 1, 1984; April 20, 1978.- 1978: Readopted Eff. <date>. 15A NCAC 02C .0111 DISINFECTION OF WATER SUPPLY WELLS (a) Any person constructing, repairing, testing, or performing .,,..��e, maintenance or installing a pump in a water supply well shall disinfect the well upon completion of construction, repairs, testing, maintenance, or pump installation. (b) Any person disinfecting a well shall perform disinfection in accordance with the following procedures: (1) Chlorination. (A) Hypochlorite shall be placed in the well in sufficient quantities to produce a chlorine residual of at least 100 parts per million (ppm) in the well. Stabilized chlorine tablets or hypochlorite products containing fungicides, algaecides, or other disinfectants shall not be used. Chlorine test strips or other quantitative test methods shall be used to confirm the concentration of the chlorine residual. per- 100 galleas of water- for- a4 least a 100 ppm ehler-ine r-esidual. As an example, a well having a diameter- a six inehes, has a voltffne of about 1.5 gallons per- feet. if the well has 200 feet of water-, the miaiffnnn ameu of r-equir-ed would be 9 ounees. (1.5 galleas/feet x 200 feet — 300 gallons at 3 euffees per- 10-0 gallens; 3 oanees x 3 — 9-eanee (B) The hypochlorite shall be placed in the well by one of the following or equivalent methods: (i) Granular hypochlorite may be dropped in the top of the well and allowed to settle to the bottom; or (ii) Hypochlorite solutions shall be placed in the bottom of the well by using a bailer or by pouring the solution through the drill rod, hose, or pipe placed in the bottom of the well. The solution shall be flushed out of the drill rod, hose, or pipe by using water or air. (C) The water in the well shall be agitated or circulated to ensure thorough dispersion of the chlorine. (D) The well casing, pump eelcolumn, and any other equipment above the water level in the well shall be rinsed with the chlorine solution as a part of the disinfecting process. (E) The chlorine solution shall stand in the well for a period of a4 leas 24 houfs. hours or more. (F) The well shall be pumped until there is no detectable total chlorine residual in water pumped from the well before the well is placed in use. Attach. 02 (2) Other alternate materials and methods of disinfection, at least as effective as those set forth in Subparagraph ( this (b)(1) of this Rule, may be used upon prior approval by the Department. A written request for approval of alternate disinfection methods or materials shall be submitted to the Director and shall include the following information: a demonstration that the method of disinfection will be at least as effective as chlorination as described under in Subpara rg anh (b)(1) of this Rule; (B,) a demonstration of non -toxicity, such as ANSI or NSF Standard certification or EPA studies; theeg neral procedures for the disinfection and emplacement, including the amount of product to be used per unit volume of the well; a demonstration that, after disinfection is completed, the water within the well will meet 15A NCAC 02L groundwater standards; and any other information necessary for the Department to ensure compliance with G.S. 87-84. History Note: Authority G.S. 87-87; 87-88; Eff. February 1, 1976; Amended Eff. September 1, 2009, April 1, 2001; December 1, 1992; July 1, 1988; September 1, 4984. 1984; Readopted Eff. <date>. 15A NCAC 02C.0112 WELL MAINTENANCE: REPAIR: GROUNDWATER RESOURCES (a) A well shall be that is not maintained by the owner in a ,., nditie ,.4ereby it will to conserve and protect the groundwater rnseuroes, resources and whereby it -Will not We or that constitutes a source or channel of contamination or to the water supply or any aquifer-, aquifer or shall be permanently abandoned in accordance with the requirements o Rule ' 5 ^ NC n C O .01 13(b). 0113(b) of this Section. (b) r,ewater-in . wem Wells that are used for dewatering shall be permanently abandoned in accordance with the requirements of 1 c n ,.Tr�C Rule .0113(b) of this Section within 30 days of completion of the dewatering activity. (c) All materials used in the maintenance, replacement, or repair of any well shall meet the .equi -eme is for- new installation. be in accordance with Rules .0107 and .0108 of this Section. (d) Broken, puaetuFe punctured, or otherwise defective or unserviceable casing, screens, fixtures, seals, or any part of the well head shall be repaired or replaced, or the well shall be permanently abandoned pufsuan4 to the ..o"ir-emef4s of in accordance with Rule .0113(b) of this Section. (e) NSF International approved PVC pipe rated at 160 PSI may be used for liner pipe. The annular space around the liner casing shall be at leas five-eighths inches or g ex ater and shall be completely filled with neat -cement grout or sand cement grout. The well liner shall be completely grouted within 10 working days after collection of water samples or completion of other testing to confirm proper placement of the liner or within 10 working days after the liner has been installed if no sampling or testing is performed. (f) No well shall be repaired or altered such that the outercasing well head is completed less than 12 inches above land surface. Any grout excavated or removed as a result of the well repair shall be replaced in accordance with Rule .0107(f) of this Section. (g) Well rehabilitation by noncontinuous chemical treatment shall be conducted using methods and materials approved by the Department based on a demonstration that the materials and methods used will not create a violation of groundwater standards in 15A NCAC 02L or otherwise render the groundwater unsuitable for its intended best usage use after completion of the rehabilitation. A written request for approval of a noncontinuous chemical treatment shall be submitted to the Director and shall include the following information: (11,) a demonstration of non -toxicity, such as ANSI or NSF Standard certification or EPA studies; theeg neral procedures for the rehabilitation, including the amount of product to be used per unit volume of the well; a demonstration that, after rehabilitation is completed, the water within the well will meet 15A NCAC 02L groundwater standards; a description of the dosing frequency; and any other information necessary for the Department to ensure compliance with G.S. 87-84. History Note: Authority G.S. 87-87; 87-88; Eff. February 1, 1976; Amended Eff. September 1, 2009, August 1, 2002; April 1, 2001; December 1, 1992; September 1, 1984 1984: Readopted Eff. <date>. 15A NCAC 02C.0113 ABANDONMENT OF WELLS (a) Any A well .c that is temporarily removed from service shall be temporarily abandoned in accordance with the following procedures: (1) The well shall be sealed with a water -tight cap or well seal, as defined in G.S. 87-85 (16), compatible with the casing and installed so that it cannot be removed without the use of hand tools or power tools. (2) The well shall be maintained whereby it is not a source or channel of contamination during temporary abandonment. (b) Permanent abandonment of water supply wells other than bored or hand dug wells shall be performed in accordance with the following procedures: (1) All casing and screen materials may be removed prior to initiation of abandonment procedures if such removal will not cause or contribute to contamination of the groundwaters. Any easing not gr-au4ed it aeeer- a -neo A4h 1 SA NCAC; r A2E .A4{7(frshall be �g�oute �seera�sewith 15A NCAC n'� .9 107i . Attach. 02 (2) The entire depth of the well shall be sounded before it is sealed to ensure freedom from obstructions that may interfere with sealing operations. (3) Except in the case of temporary wells and monitoring wells, the well shall be disinfected in accordance with Rule .0111(b)(1)(A) through .0111(b)(1)(C) of this Section. (4) In the case of gravel -packed wells in which the casing and screens have not been removed, „o,� neat -cement or bentonite slurry grout shall be injected into the we4 well, completely filling it from the bottom of the casing to the top. (5) Wells constructed in unconsolidated formations shall be completely filled with grout by introducing it through a pipe extending to the bottom of the well which that can be raised as the well is filled. (6) Wells constructed in consolidated rock formations or that penetrate zones of consolidated rock may be filled with grout, sand, gravel or drill cuttings opposite within the zones of consolidated rock. The top of any sand, gravel or cutting fill shall terminate at least 10 feet below the top of the consolidated rock or five feet below the bottom of casing. Grout shall be placed beginning 10 feet below the top of the consolidated rock or five feet below the bottom of casing in a manner to ensure complete filling of the casing, and extend up to the land surface. For any well in which the depth of casing or the depth of the bedrock is not known or cannot be confirmed, the entire length of the well shall be filled with grout up to the land surface. (c) For bored wells or hand dug water supply weld wells constructed into unconsolidated material: (1) The well shall be disinfected in accordance with Rule .0111(b)(1)(A) through .011l(b)(1)(C) of this Section. (2) All plumbing or piping in the well and any other obstructions inside the well shall be removed from the well. (3) The uppermost three feet of well casing shall be removed from the well. (4) All soil or other subsurface material present down to the top of the remaining well casing shall be removed, including the material extending to ^ width of at least 12 inches orrgreater outside of the well casing; (5) The well shall be filled to the top of the remaining casing with grout, dry clay, or material excavated during construction of the well. If dry clay or material excavated during construction of the well is used, it shall be emplaced in lifts no more than five feet thick, each compacted in place prior to emplacement of the next lift. (6) A six-inch thick concrete grout plug shall be placed on top of the remaining casing such that it covers the entire excavated area above the top of the casing, including the area extending to a width of a4 leas 12 inches orrg eater outside the well casing. (7) The remainder of the well above the concrete plug shall be filled with grout or soil. (d) All wells other than water supply wells, including temporary wells, monitoring weds wells, or test borings: (1) less than 20 feet in depth and whie that do not penetrate the water table shall be abandoned by filling the entire well up to land surface with grout, dry clay, or material excavated during drilling of the well and then compacted in place; and (2) greater than 20 feet in depth or that penetrate the water table shall be abandoned by completely filling with a bentonite or cement - type g grout; and constructed in consolidated rock formations or that penetrate zones of consolidated rock may be filled withrg out, sand,, gravel, or drill cuttings within the zones of consolidated rock. The top of any sand, gravel or cutting fill shall terminate 10 feet or greater below the top of the consolidated rock or five feet below the bottom of the casing Grout shall be placed beginning 10 feet below the top of the consolidated rock or five feet below the bottom of the casing in a manner to ensure complete filling of the casing and shall extend up to the land surface. For any well in which the depth of the casing or the depth of the bedrock is not known or cannot be confirmed, the entire length of the well shall be filled withrg out up to the land surface. (e) Any well which acts as a source or channel of contamination shall be repaired or permanently abandoned within 30 days of receipt of notice from the Department. (f) All wells shall be permanently abandoned in which the casing has not been installed or from which the casing has been removed, prior to removing drilling equipment from the site. (g) The well owner is responsible for permanent abandonment of a well except that: (1) the well contractor is responsible for well abandonment if abandonment is required because the well contractor improperly locates, constructs, repairs or completes the well; (2) the person who installs, repairs or removes the well pump is responsible for well abandonment if that abandonment is required because of improper well pump installation, repair or removal; or (3) the well contractor (or individual) who conducts a test boring is responsible for its abandonment at the time the test boring is completed and has fulfilled its useful purpose. History Note: Authority G.S. 87-87; 87-88; Eff. February 1, 1976; Amended Eff. September 1, 2009, April 1, 2001; December 1, 1992; September 1, 1984; April 20, 1978.- 1978: Readopted Eff. <date>. 15A NCAC 02C .0114 DATA AND RECORDS REQUIRED (a) well r,,,+;ffgs (4) The well eefitfaetef shall eellect and fafffish samples of feffflatieff etmings to the Division ffafn a well the well activities. Attach. 02 raw I (b) Reports. Reports (1) Any A person completing or abandoning any a well well, including wells installed using direct push technology (DPT)(e.g., Geoprobe®), shall submit to the Division a record of the eete construction, on form GW -1, or abandeffment. abandonment, on form GW -30. For water supply wells, a copy of each completion or abandonment record shall also be submitted to the health department responsible for the county in which the well is located. The record shall be on forms provided by the Division and shall inebade include: eei4ifieatian that eens.. uef en of well with a position aectiracy of 100 feet or less, diameter-, depth, yield, and any other information the Division may Nssary to depict the location and constmetion details of the w -,-- a certification that construction or abandonment was completed as required by this Section; the owner's name and address; LQ the latitude and longitude of the well with a position accuracy of 100 feet or less; the diameter, depth, and yield of the well; the chloride concentration for wells installed in the area delineated in Rule .0107(8(8) of this Section; and Q any other information necessary for the Department to ensure compliance with G.S. 87-84. (2) The certified record of completion or abandonment shall be submitted within a period of thirty days after completion or abandonment. For multiple DPT/Geoprobe® wells having the same construction, only one GW -1 and/or GW -30 is required to be submitted if the total number of wells is indicated on the form. (3) The Furnishing of records to any person or agency other than the Division does shall not constitute compliance with the reporting requirement and shall not relieve the well contractor of his or her obligation reporting requirement to the Division. History Note: Authority G.S. 87-87; 87-88; Eff. February 1, 1976; Amended Eff. September 1, 2009; April 1, 2001; December 1, 1992; September 1, 1984; April 20, 4978 1978; Readopted Eff. <date>. 15A NCAC 02C .0116 DESIGNATED AREAS: WATER SUPPLY WELLS CASED TO LESS THAN 20 FEET (a) in afeas If the best or only source of potable water supp4y exists between tea 10 and twefft 20 feet below the surface of the lance land, in consideration of this, water supply wells may be cased to a depth less than twenty 20 feet in the following areas: (1) in Currituck County in an area between the sound and a line beginning at the end of SR 1130 near Currituck Sound, thence north to the end of SR 1133, thence north to the end of NC 136 at the intersection with the sound; (2) on the Outer Banks barrier island from the norther corporate limit ^FNags He l Virginia state line, south to Ocracoke Inlet; (3) all areas lying between the Intracoastal Waterway and the ocean from New River Inlet south to New Topsail Inlet; and (4) all areas lying between the Intracoastal Waterway and the ocean from the Cape Fear River south to the South Carolina line. (b) The Director may designate additional areas of the state where water supply wells may be cased to a depth less than 20 €eek feet, if - Toos (1) that the only or best source of drinking water in the area exists between a depth of 10 and 20 feet below the surface of the land; and (2) ^t utilization using this source of water in the area is in the best interest of the public. (c) In all other areas, the source of water shall be at least 20 feet below land surface, except when adequate quantities of potable water cannot be obtained below a depth of twenty 20 feet, the source of water may be obtained from unconsolidated rock formations at depths less than twe 20 feet provided that: (1) sufficient water of acceptable quality for the intended use can be shown, to the s tisfaetion of the r,epartmen that it is not available to a minimum depth of 4f4y 50 feet-, feet can be shown to exist; (2) the proposed source of water is the maximum feasible depth above 20 feet, but in no case less than tea 10 feet; and (3) the regional office of the Department is notified prior to the construction of a well obtaining water from a depth between 10 and 20 feet below land surface. Attach. 02 _ AIS.T.'llRSIT.'iSTf JIM,!:!llELf.I . f11 I IM 1101111 MIN (b) Reports. Reports (1) Any A person completing or abandoning any a well well, including wells installed using direct push technology (DPT)(e.g., Geoprobe®), shall submit to the Division a record of the eete construction, on form GW -1, or abandeffment. abandonment, on form GW -30. For water supply wells, a copy of each completion or abandonment record shall also be submitted to the health department responsible for the county in which the well is located. The record shall be on forms provided by the Division and shall inebade include: eei4ifieatian that eens.. uef en of well with a position aectiracy of 100 feet or less, diameter-, depth, yield, and any other information the Division may Nssary to depict the location and constmetion details of the w -,-- a certification that construction or abandonment was completed as required by this Section; the owner's name and address; LQ the latitude and longitude of the well with a position accuracy of 100 feet or less; the diameter, depth, and yield of the well; the chloride concentration for wells installed in the area delineated in Rule .0107(8(8) of this Section; and Q any other information necessary for the Department to ensure compliance with G.S. 87-84. (2) The certified record of completion or abandonment shall be submitted within a period of thirty days after completion or abandonment. For multiple DPT/Geoprobe® wells having the same construction, only one GW -1 and/or GW -30 is required to be submitted if the total number of wells is indicated on the form. (3) The Furnishing of records to any person or agency other than the Division does shall not constitute compliance with the reporting requirement and shall not relieve the well contractor of his or her obligation reporting requirement to the Division. History Note: Authority G.S. 87-87; 87-88; Eff. February 1, 1976; Amended Eff. September 1, 2009; April 1, 2001; December 1, 1992; September 1, 1984; April 20, 4978 1978; Readopted Eff. <date>. 15A NCAC 02C .0116 DESIGNATED AREAS: WATER SUPPLY WELLS CASED TO LESS THAN 20 FEET (a) in afeas If the best or only source of potable water supp4y exists between tea 10 and twefft 20 feet below the surface of the lance land, in consideration of this, water supply wells may be cased to a depth less than twenty 20 feet in the following areas: (1) in Currituck County in an area between the sound and a line beginning at the end of SR 1130 near Currituck Sound, thence north to the end of SR 1133, thence north to the end of NC 136 at the intersection with the sound; (2) on the Outer Banks barrier island from the norther corporate limit ^FNags He l Virginia state line, south to Ocracoke Inlet; (3) all areas lying between the Intracoastal Waterway and the ocean from New River Inlet south to New Topsail Inlet; and (4) all areas lying between the Intracoastal Waterway and the ocean from the Cape Fear River south to the South Carolina line. (b) The Director may designate additional areas of the state where water supply wells may be cased to a depth less than 20 €eek feet, if - Toos (1) that the only or best source of drinking water in the area exists between a depth of 10 and 20 feet below the surface of the land; and (2) ^t utilization using this source of water in the area is in the best interest of the public. (c) In all other areas, the source of water shall be at least 20 feet below land surface, except when adequate quantities of potable water cannot be obtained below a depth of twenty 20 feet, the source of water may be obtained from unconsolidated rock formations at depths less than twe 20 feet provided that: (1) sufficient water of acceptable quality for the intended use can be shown, to the s tisfaetion of the r,epartmen that it is not available to a minimum depth of 4f4y 50 feet-, feet can be shown to exist; (2) the proposed source of water is the maximum feasible depth above 20 feet, but in no case less than tea 10 feet; and (3) the regional office of the Department is notified prior to the construction of a well obtaining water from a depth between 10 and 20 feet below land surface. Attach. 02 History Note: Authority G.S. 87-87; Eff. April 20, 1978; Amended Eff. September 1, 2009, December 1, 1992; July 1, 1988; September 1, j 984. 1984; Readopted Eff. <date>. 15A NCAC 02C .0117 DESIGNATED AREAS: WATER SUPPLY WELLS CASED TO MINIMUM DEPTH OF 3543 FEET Water supply wells constructed in the following areas or within 400 feet of the following areas shall be cased to a minimum depth of 3-5 €eett 43 feet and grouted to a depth of 20 feet: (1) Anson County generally west of a line beginning at the intersection of the runs of the Pee Dee River and Buffalo Creek, thence generally northeast to SR 1627, thence generally south along SR 1627 to the intersection with SR 1632, thence generally west along SR 1632 to the intersection with US 52, thence generally south along US 52 to the intersection with SR 1418, thence generally southwest along SR 1418 to the intersection of NC 218, thence south along NC 218 to the intersection with US 74, thence generally west along US 74 to the intersection of SR 1251, thence generally southwest along SR 1251 to the intersection with SR 1240, thence generally southeast along SR 1240 to the intersection with SR 1252, thence generally south along SR 1252 to the intersection with SR 1003, thence generally west along SR 1003 to the Union County line; (2) Cabarrus County generally east of a line beginning at the intersection of SR 1113 and the Union County line, thence generally northeast along SR 1113 to the intersection with SR 1114, thence generally east along SR 1114 to the Stanly County line, thence generally northeast along the county line to the intersection with SR 1100, thence generally northeast along SR 1100 to the intersection of with SR 2622, thence generally southeast along SR 2622 to the intersection with SR 2617, thence generally northeast along SR 2617 to the intersection with SR 2611, thence generally north along SR 2611 to the intersection with NC 73, thence generally east along NC 73 to the intersection with SR 2453, thence generally northeast along SR 2453 to the intersection with SR 2444, thence generally northeast along SR 2444 to the Rowan County line; (3) Davidson County generally east of a line starting at the intersection of the runs of Abbotts Creek and the Yadkin River in High Rock Lake, thence generally north along Abbotts Creek to NC 8 bridge, thence generally north along NC 8 to the intersection with Interstate 85, thence generally northeast along Interstate 85 to the intersection with US 64, thence generally southeast along US 64 to the Randolph County line; (4) Montgomery County generally west of a line beginning at the intersection of SR 1134 with the Randolph County line, thence generally south along SR 1134 to the intersection with SR 1303, thence generally south along SR 1303 to the intersection with NC 109, thence generally southeast along NC 109 to the intersection with SR 1150, thence generally south along SR 1150 to the intersection with NC 73, thence generally southeast along NC 73 to the intersection with SR 1227, thence generally east along SR 1227 to the intersection with SR 1130, thence generally northeast along SR 1130 to the intersection with SR 1132, thence generally southeast along SR 1132 to the intersection with SR 1174, thence generally east along SR 1174 to the intersection with NC 109, thence generally north along NC 109 to the intersection with SR 1546, generally southeast along SR 1546 to the intersection of SR 1543, thence generally south along SR 1543 to the intersection with NC 731, thence generally west along NC 731 to the intersection with SR 1118, thence generally southwest along SR 1118 to the intersection with SR 1116, thence generally west along SR 1116 to the intersection with NC 109, thence generally south along NC 109 to the intersection with the Richmond County line; (5) Randolph County generally west of a line beginning at the intersection of US 64 with the Davidson County line, thence generally east along US 64 to the intersection with NC 49, thence generally southwest along NC 49 to the intersection with SR 1107, thence generally south along SR 1107 to the intersection with SR 1105, thence southeast along SR 1105 to the intersection with the Montgomery County line; (6) Rowan County generally east of a line beginning at the intersection of SR 2352 with the Cabarrus County line, thence generally northeast along SR 2352 to the intersection with SR 2353, thence generally north along SR 2353 to the intersection with SR 2259, thence generally northeast along SR 2259 to the intersection with SR 2142, thence north along SR 2142 to the intersection with SR 2162, thence generally northeast along SR 2162 to the intersection with the run of the Yadkin River in High Rock Lake; (7) Union County generally east of a line beginning at the intersection of SR 1117 with the South Carolina -North Carolina State line, thence generally north along SR 1117 to the intersection with SR 1111, thence generally northwest along SR 1111 to the intersection with NC 75, thence generally northwest along NC 75 to the intersection with NC 16, thence generally north along NC 16 to the intersection with SR 1008, thence generally northeast along SR 1008 to the intersection with SR 1520, thence generally northeast along SR 1520 to the intersection with NC 218, thence generally east along NC 218 to the intersection with US 601, thence generally north along US 601 to the intersection with SR 1600, thence generally northeast along SR 1600 to the intersection with the Cabarrus County line; and (8) Stanly County -- all. History Note: Authority G.S. 87-87; S.L. 2018-65; Eff. April 20, 1978; Amended Eff. September 1, 2009, April 1, 2001. 2001; Readopted Eff. <date>. 15A NCAC 02C.0118 VARIANCE (a) The Secretary may grant a variance from any construction standard under the rules of this Section. Any variance request shall be in vffifiag, submitted using the official form approved the Division and shall may be granted -by the Secretary, by to the person responsible for the construction of the well for which the variance is sought, if if. the Seeret ry finds facts to support the following conclusi (1) that the use of the well will not endanger human health and welfare or the ,,..,...� groundwaters; and (2) that construction in accordance with the standards was is not technically feasible in such a manner as to afford a reasonable water supply at a reasonable cost. (b) The Secretary may require the variance applicant to submit such information as the Seer-etavy dooms necessary to make a decision to grant or deny the variance. The Secretary may impose such conditions on a variance or the use of a well for which a variance is granted as he deems and is necessary to pr-oteet 1,..m a healtl. and • el fe dna the rt na•....to. ro e . ensure compliance with G.S. 87-84. The fist facts supporting any variance under this Rule shall be in writing and made part of the variance. (c) The Secretary shall respond in writing to a request for a variance within 30 days 4em after the receipt of the variance request. (d) A variance applicant who is dissatisfied with the decision of the Secretary may commence a contested case by filing a petition under G.S. 150B-23 within 60 days after receipt of the decision. History Note: Authority G.S. 87-87; 87-88; 87-84; 150E-23; Eff. April 20, 1978; Amended Eff. September 1, 2009, April 1, 2001; December 1, 1992; September 1, 1988; September 1, 4984-1984; Readopted Eff. <date>. 15A NCAC 02C.0119 DELEGATION (a) The Secretary is delegated the authority to grant permission for well construction under G.S. 87-87. (b) The Secretary is delegated the authority to give notices and sign orders for violations under G.S. 87-91. (c) The Secretary may grant a variance from any construction standard, or the approval of alternate construction methods or materials, specified under the Rules of this Section. Rule .0118 of this Section. History Note: Authority G.S. 143-215.3(a)(1); Eff. March 1, 1985; Amended Eff. October 1, 2009, December 1, 1992. 1992; Readopted Eff. <date>. SECTION .0200 - CRITERIA AND STANDARDS APPLICABLE TO INJECTION WELLS 15A NCAC 02C.0201 PURPOSE (READOPTION WITHOUT SUBSTANTIVE CHANGES) 15A NCAC 02C.0202 SCOPE (READOPTION WITHOUT SUBSTANTIVE CHANGES) 15A NCAC 02C.0203 CONFLICT WITH OTHER LAWS, RULES, AND REGULATIONS (READOPTION WITHOUT SUBSTANTIVE CHANGES) 15A NCAC 02C.0204 DEFINITIONS In addition to the terms defined in Rule .0102 of this Subehapte Subchapter, the following terms and phrases apply unless the context requires otherwise: (1) "Abandonment or Plugging Record" means a systematic listing of permanent or temporary abandonment of a well and may contain a well log or description of amounts and types of abandonment material used, the method employed for abandonment, a description of formation location, formation thickness, and location of abandonment structures. (2) "Approved", Itrequire", "necessary", "impose", and similar terms, or- other- forms of smh terms, mean an action of the Director- or Division based on the standards . . ts of the rules of this Section unless the eontex4 requires o "Aquifer Storage and Recovery Well (ASR)" means a well that is used to inject potable water for the purposes of subsurface storage and for later recovery of the injected water. (3) "Area of Review" means the area around an injection well as specified in each applicable rule. (4) 'Best intended usage" is as defined in 15A NCAC 02L.0201 for each groundwater classification. (5) "Catastrophic Collapse" means the €aide collapse of overlying strata caused by removal of underlying materials. (6) "Closed -Loop Geothermal Well System" means a system of continuous piping, part of which is installed in the subsurface via vertical or angled borings, through which moves a fluid that does not exit the piping, but is used to transfer heat energy between the subsurface and the fluid in association with a heating and cooling system. A variation of this type of system consists of the continuous piping emplaced into a water supply well such that the standing column of groundwater serves as the heat transfer medium. (7) "Closed -Loop Groundwater Remediation System" is as defined in G.S. 143-215.1A. (8) "Cluster" means two or more geothermal injection wells connected to the same manifold or header of a geothermal heating and cooling system. (9) "Confined or Enclosed Space" means any space; space having that has a restricted means of entry and exit and is subject to the accumulation of toxic or flammable contaminants or has an oxygen deficient atmosphere. (10) "Confining Zone" means a geological formation, group of formations, or part of a formation that is capable of limiting fluid ri,,.vement, movement of groundwater. (11) "Contaminant" is as defined in 15A NCAC 02L .0102. (12) "Faeil t", Open -,tier, or ^ ,twit y "Operation" means any injection well or system. Attach. 02 (13) "Flow Rate" means the volume per unit time of a fluid moving past a fixed reference point. (14) "Fluid" means a material or substance which is capable of flowing whether in a semisolid, liquid, sludge, gas, or other form or state. (15) "Formation Fluid" means fluid present in a formation under natural conditions. This does shall not include introduced fluids, such as drilling mud and grout, used to facilitate the construction or development of a well. (16) "Generator" means any person, identified by site location, whose act or process produces hazardous waste. (17) "Groundwaters" mean those waters occurring in the subsurface under saturated conditions. (18) "Hazardous Waste" means any solid, semisolid, liquid, or contained gaseous waste or combination thereof-, thereof that, because of its quantity, concentration, or physical, chemical or infectious characteristic characteristic, may: (a) cause or contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (b) pose a present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. (19) "Hazardous Waste Management Facility" means all contiguous land and structures and other appurtenances and improvements on the land used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (for example, one or more landfills, surface impoundments, or combination of them). (20) "Hose Bibb or Tap" means a fluid sampling port located on or appurtenant to a well. (21) "Hydraulic Conductivity" means the volume of water at the existing kinematic viscosity that will move in a porous medium in unit time under a unit hydraulic gradient through a unit area measured at right angles to the direction of flow. (22) "Hydraulic or Pneumatic Fracturing" means the intentional act of injecting potable water, ambient air, or other approved fluids, which may carry a proppant, for the purpose of forming new fractures or propagating existing fractures in a geologic formation or portion thereof with the intent of increasing the formation's permeability. uneen4aminated (23) "u',ar-astr 4igr "Hydrostratigraphic Unit " means a body of rock or unconsolidated sediment distinguished and characterized by observable hydraulic properties that relate to its ability to receive, store, transmit, and yield water. "Infiltrationae llery" means a subsurface ground absorption system designed for the introduction of treated wastewater into the subsurface environment. (24)(25) "Injectant" means any a solid or fluid that is emplaced in the subsurface by means of an injection well. (25)(26) "Injection" means emplacement or discharge into the subsurface of a solid or fluid substance or material. This definition excludesshall exclude drilling fluids, grout used in association with well construction or abandonment, and fluids used in connection with well development, disinfection, rehabilitatio rehabilitation, or stimulation. (26)(L7) "Injection Well" means any well as defined in G.S. 97-85, G.S. 87-85 whose depth is greater than its largest surface dimension and whiethat is used, or intended to be used, for the injection of fluids or solids into the subsurface or groundwaters. (2-7-) 28 "Injection Zone" means a geological formation, group of formations, or part of a formation receiving solids or fluids through an injection well. 29 "In-situ Thermal (IST,) Well Systems" means a well or wells that are used to apply heat in a targeted subsurface zone to promote remediation (i.e., electrical resistance heating((ERH), thermal conductive heating((TCH), or steam enhanced extraction (SEE)). (2(30) "Lithology" means the description of rocks or sediments on the basis of their physical and chemical characteristics. (29)(31) "Lithostratigraphic Unit " means a body of rock or unconsolidated sediment that is distinguished and characterized by observable lithologic features or its position relative to other bodies of rock or unconsolidated sediment. ((32) "Mechanical Integrity" means: (a) an absence of a leak in the casing, tubing, or packer of an injection well; and (b) an absence of fluid movement through vertical channels adjacent to the injection well bore. (344 33) "Oversight agency" means the state or local agencyjurisdiction over a contamination incident. (344(L4) "Permit" means an authorization, license, or equivalent control document issued by the Director to implement the requirements of the rules of this Section. (3-2)(L5) "Permitted by Rule" means that the injection activity is authorized by the rules of this Section and does not require the issuance of an individual permit when injection wells are constructed and operated in accordance with the rules of this Section. (33)(36) "Plug" means the act or process of stopping the flow of fluids into or out of a formation through a borehole or well penetrating that formation. (54)(37) "Potable Water" means those waters of the State which that are suitable for drinking, culinary, or food processing purposes. (3-5) 38 "Pressure" means the total load or force per unit area acting on a surface. (3-6) 39 "Proppant" means a granular substance such as quartz sand or other approved material that is used to hold open cracks formed in the subsurface as a result of hydraulic or pneumatic fracturing. Attach. 02 (3(40) "Receptor" means any human, plant, animal, or structure whiek that is, or has the potential to be, affected by the release or migration of contaminants. Any well constructed for the purpose of monitoring groundwater and contaminant concentrations shall not be considered a receptor. (3-9) 41 "Subsidence" means the lowering of the natural land surface in response te� to earth movements; reduction of formation fluid pressure; removal of underlying supporting material by mining or solution of solids, either artificially or from natural causes; compaction due to wetting (hydrocompaction); oxidation of organic matter in soils; or added load on the land surface. (3-9)(L2) "Subsurface Distribution System" means an assemblage of perforated pipes, drain tiles, or other similar mechanisms intended to distribute fluids or solids below the surface of the ground. (40)(43) "Transmissivity" means the rate at which water of the prevailing kinematic viscosity is transmitted through a unit width of an aquifer under a unit hydraulic gradient. It equals the hydraulic conductivity multiplied by the aquifer thickness. "Thermally Enhanced Grout" is a grout is used to seal or ,grout water well annular spaces and geothermalrg ound source heat loops. It is engineered to provide efficient heat transfer and to create a low permeability "L45) "Underground Sources of Drinking Water" means all underground waters of the State classified as existing or potential water supplies in Subchapter 02L. (42-)L46) "Waste" is as defined in G.S. 143-213(18). (43.)L47) "Waters" or "Waters of the State" is as defined in G.S. 143-212. 48 "Water table" is as defined in 15A NCAC 02L .0102. 49 "Water -tight" means put or fit together such that water cannot enter or pass through. Generally, water -tight pipe is filled with water and pressure tested at between three to five pounds per square inch (psi) for several minutes to detect leaks. History Note: Authority G.S. 87-85; 87-87; 143-213; 143-215.IA; Eff. August 1, 1982; Amended Eff. May 1, 2012; September 1, 1996; July 1, 1988; March 1, 4984-1984; Readopted Eff. <date>. 15A NCAC 02C.0206 CORRECTIVE ACTION (a) Injection wells not constructed in compliance with the criteria and standards specified in these Rules shall be brought into compliance with the rules in this Section or abandoned by the pefsefi(s)en rson responsible for the construction of the '•'� wells within 30 calendar days of becoming aware of any Tref noncompliance. (b) Where If operation of any injection facility is not in compliance with the requirements of the rules in this Section, or where if continued operation of the injection facility threatens any water quality standard or classification established under the authority of G.S. 143-214.1, the owner of the injection facility shall perform the following: shall: (1) stop all injection activities immediately; activities; (2) notify the Division orally by the close of the next business day and in writing within five calendar days of becoming aware of any :nye noncompliance; (3) perform a site assessment and submit the site assessment to the Division within 30 calendar days of notifying the Division. The Director may approve an alternate time period greater than 30 calendar days based on the severity and extent of noncompliance. The site assessment report shall include a description of: (A) the source and cause of contamination; (B) any imminent hazards to public health and safety and actions taken to mitigate them; (C) all receptors and exposure pathways; (D) the horizontal and vertical extent of soil and groundwater contamination and all factors affecting the contaminant transport; and (E) any geological and hydrogeological features influencing the movement or chemical or physical character of the contaminants; and (4) submit a corrective action plan and a proposed schedule for implementation of the corrective action to the Director for approval. In reviewine the proposed plan and schedule, the Director shall consider the compliance history of the well owner, the severity and extent of noncompliance, and any other criteria necessary for the protection of human health and the environment. The corrective action plan shall include: (A) a description of the proposed corrective action and the reasons for its selection; (B) specific plans, including engineering details where applicable, for restoring the groundwater quality and for restoring the integrity of the injection facility if the injection activity is to continue; (C) a schedule for the implementation and operation of the proposed plan; and (D) a monitoring plan for evaluating the effectiveness of the proposed corrective action. History Note: Authority G.S. 87-87; 87-88; 143-211; 143-215.IA; 143-215.3(a)(1); 143-215.3(c); Eff. August 1, 1982; Amended Eff. May 1, 2012; September 1, 1996; March 1, 198 4. L2 4; Readopted Eff. <date>. 15A NCAC 02C.0207 MECHANICAL INTEGRITY Attach. 02 (a) An injection well has internal mechanical in4egriy integrity, when meaning there is no leak in the casing, tubing, or paekerap cker, as demonstrated by one of the following methods: (1) monitoring of the tubing -casing annulus pressure, following an initial pressure test, with sufficient frequency to be esen4 4ive as deter -mined by the Di -eete representative. This test Ms shall be performed at the well head while maintaining an annulus pressure different from atmospheric pressure; (2) pressure testing with liquid or gas; or (3) any other method proposed by the permittee and approved by the Director as equally effective. (b) An injection well has external mechanical integre integrity, wbea meanine there is no fluid movement into groundwaters through vertical channels adjacent to the injection well bene bore, as determined by one of the following methods: (1) the results of a temperature or noise log; (2) grouting records plus predictive calculations demonstrating that the injection pressures will not exceed the strength of the grout; or (3) any other method proposed by the permittee and approved by the Director as equally effective. (c) In conducting and evaluating the tests enumerated in this Section or other tests allowed by the Director, the owner or operator shall apply methods and standards generally accepted in the industry. When the well owner or operator reports the results of mechanical integrity tests, a description of the teA(s) tests and the ed(s) methods used shall be included. The Di -eete - shall review ..,eniter-in . (d) The Director may require additional or alternative tests if the results presented by the owner or operator under Paragraph (c) of this Rule aro not safis f eter- , to do not demonstrate that an injection well has mechanical integrity. (e) If an injection well fails to demonstrate mechanical integrity, the well owner or operator shall take corrective action as specified in Rule .0206 of this Section. History Note: Authority G.S. 87-87; 143-211; 143-215.1A; 143-215.3(a)(1); 143-215.3(c); Eff. August 1, 1982; Amended Eff. May 1, 2012; September 1, 1996; March 1, 1984. 1984; Readopted Eff. <date>. 15A NCAC 02C.0208 FINANCIAL RESPONSIBILITY (READOPTION WITHOUT SUBSTANTIVE CHANGES) 15A NCAC 02C.0209 CLASSIFICATION OF INJECTION WELLS (READOPTION WITHOUT SUBSTANTIVE CHANGES) 15A NCAC 02C.0210 REQUIREMENTS: WELLS USED TO INJECT WASTE OR CONTAMINANTS (READOPTION WITHOUT SUBSTANTIVE CHANGES) 15A NCAC 02C.0211 GENERAL PERMITTING REQUIREMENTS APPLICABLE TO ALL INJECTION WELL TYPES (a) A permit shall be obtained from the Director prior to constructing, operating, or using any well for injection unless the well is deemed permitted in accordance with the rules of this Section. No permit shall be granted for the injection of wastes or any substance of a composition and concentration such that, if it were discharged to the land or waters of the state, it would adversely affect human health or would otherwise render those waters unsuitable for their best intended usage unless specifically provided for by Statute or by the rules in this Section. (b) in making any deter-mina4ion of well eenstpaetion, apera4ion, and maintenanee, the Dir-eeter- shall make the deteffflifiatieff base the pules of this Sectio (ON No person shall construct, operate, maintain, convert, plug, abandon, or conduct any other injection activity in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water if the presence of that contaminant may cause a violation of any applicable groundwater quality standard specified in Subchapter 02L or may otherwise adversely affect human health. The applicant for a permit shall have the btwden of showing that the requirements of this Paragraph are met. (fl)fcc) If at any time the Director learns that any injection well may cause a violation of any applicable groundwater quality standard specified in Subchapter 02L not authorized by the rules of this Section, the Director shall do one of the following: (1) require an individual permit for injection wells that are otherwise permitted by rule; (2) require such actions as may be necessary to prevent the violation, including corrective action as required in Rule .0206 of this Section; or (3) take enforcement action as provided for in G.S. 87-91, G.S. 87-94, or G.S. 87-95. (e)fd) All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purposes of this Section, a responsible corporate officer means a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation. corporation; rr The Division does not require speeifie assignments or delegations of authority to responsible corporate officers. The Division will presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notified the Division to the contrary. Corporate procedure - . - ffiorivy to sig ; (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official; (4) For all other persons: by the well owner; or Attach. 02 (5) For any other person authorized to act on behalf of the applicant: documentation shall be submitted with the permit application package that identifies the person, grants them specific signature authority, and is signed and dated by the applicant. (OLel The person signing the permit application shall certify that the data furnished on the application is accurate and that the injection well will be operated in accordance with the approved specifications and conditions of the permit. (g)Wf All reports shall be signed by a person described in Paragraph (e}fdd) of this Rule. All records, reports, and information required to be submitted to the Director and all public comment on these records, reports, or information shall be disclosed to the public unless the person submitting the information can show that such information, if made public, would disclose methods or processes entitled to protection as trade secrets as defined in G. S. 66-152. The Director shall determine which information is entitled to confidential treatment. in the eve If the Director determines that such information is entitled to be treated as confidential information as defined in G.S. 132- 1.2, the Director shall take steps to protect such information from disclosure. N(g) The Director shall consider the cumulative effects of drilling and construction of multiple wells and operation of all proposed wells during evaluation of permit applications. (i)(hj All permits shall be issued for a period not to exceed five years from the date of issuance. Permits are considered shall be deemed active until all permit requirements have been met and documentation has been received indicating that the wells meet one of the following conditions: (1) The the wells are temporarily or permanently abandoned in accordance with Rule .0240 of this Section; (2) the wells have been converted to some other use; or (3) the wells are permitted under another permit issued by the appropriate permitting authority for that activity. (i)Qi All facilities shall, a4 all tim shall be operated and maintained to achieve compliance with the rules of this Section. (k)W The permittee shall allow the Director, Director or an authorized representative, upon their presentation of credentials and other documents as may be required by law, to: (1) enter upon the permittee's premises where a regulated facility or activity is located or fid, conducted or where records roust are required to be kept under the conditions of the permit; (2) have access to and copy, during normal business hours, any records that roust are required to be kept under the conditions of the permit; (3) inspeet, a4 reasonable times, inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and (4) sample or monitor-, a4 reasonable times, monitor for the purposes of assuring permit compliances or as otherwise authorized, any substances or parameters. (4)(!!� The permit may be modified, revoked and reissued, or terminated by the Director in whole or part for actions which would adversely affect human health or the environment. Such actions may include: (1) violation of any terms or conditions of the permit; (2) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or (3) refusal of the permittee to allow authorized employees of the Division upon proper presentation of credentials to: (A) enter upon permittee's premises on which a system is located in which any records are required to be kept under terms and conditions of the permit; (B) have access to and copy any records required to be kept under terms and conditions of the permit; (C) inspect any monitoring equipment or method required in the permit; or (D) collect any sample from the injection facility. (m)Ll) The filing of an application by the permittee for a permit modification, revocation and reissuance, termination, or a notification of planned changes or anticipated ,,,...,.empl:..neeF noncompliance shall not stay any permit condition. (n) The permit shall not convey any property rights of any sort or any exclusive privilege-. (e4Lm) The permittee shall furnish to the Director any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing reissuing, or terminating the per-mit, permit or to determine compliance with the permit. The permittee shall also furnish to the Director, upon request, copies of records required by the permit to be kept. (p)Ln) The permittee shall retain copies of records of all monitoring information, including all calibration and maintenance records, all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this the permit, permit for a period of at least three years from the date of the sample, measurement, report, or application. Records of monitoring information shall include the: (1) date, place, and time of sampling or measurements; (2) individual(s) individuals who performed the sampling or measurements; (3) date(s) dates analyses were performed; (4) individual(s) individuals who performed the analyses; (5) analytical techniques or methods used; (6) results of any such sampling, measurements, and analyses; and (7) description and date of any maintenance activities per -forme d performed, including the name and contact information of the individuals performing such activities. (q)foo) The permit shall not be transferred to any person without the submission of a permit ownership or name change request to the Director. The Director- I . . Afication or- revocation and reissuance of the permit to change the name of the permittee and (F)(p) The permittee shall report any monitoring or other information that indicates noncompliance with a specific permit condition, that a contaminant may cause a violation of applicable groundwater quality standards specified in Subchapter 02L, or that a malfunction of the injection system may cause the injected fluids to migrate outside the approved injection zone or area. The information shall be provided to the Director orally within 24 hours of the permittee becoming aware of the occurrence and� t1g�ub>}�}sa* n within five days of the occurrence. The vffitten submission shall con4ain a description of the noncompliance and its cause, the period of noncompliance, including dates and times, and if the noncompliance has not been corrected, the anficipated time it is expected eofftiatte, and any steps taken or- plapmqed to , . The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance including dates and times, the anticipated time it is expected to continue if the noncompliance has not been corrected, and all steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. wells tha� are an integral paF4 of a facility Fe i i . t f+om that ageney-. (t) Faikwe to comply with the rules of this Se�eti.-.�-r any permit issued individually or by rdles of this Section may result in enforeeme action as pr.,yide.i for i G.S. 87 91, G.S. 87 94 or G.S. 97 DG History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(a)(20); Eff. August 1, 1982; Amended Eff. May 1, 2012; February 1, 1997; October 1, 1996; March 1, 198 4. 1984; Readopted Eff. <date>. 15A NCAC 02C.0217 PERMITTING BY RULE (READOPTION WITHOUT SUBSTANTIVE CHANGES) 15A NCAC 02C.0218 AQUIFER RECHARGE WELLS Aquifer Recharge Wells are used to recharge depleted aquifers and inject uncontaminated water of equal or better quality than the aqui being recharged. The requirements for Aquifer Recharge Wells shall be the same as described in Rule .0219 of this Section except the Director- may impose additional requiremen4s for the protection of human health and the ewvirenment based on site specific or -iter -mi -I existing or projected environmental impacts, compliance with the provisions of the rules of this Section, or the compliance history of the facility o ner. Aquifer Recharge Wells, which recharge depleted aquifers and inject uncontaminated water of equal or better quality than the aquifer beingrecharged, shall meet the requirements of Rule .0219 of this Section, except that the Director may impose additional requirements to ensure compliance with G.S. 87-84. History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.IA; 143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(x)(20); Eff. May 1, 2012. 2012; Readopted Eff.' <date>. 15A NCAC 02C.0219 AQUIFER STORAGE AND RECOVERY WELLS (a) of the injected water All Aquifer r Storage and Reeover„ Wells require permits. A permit shall be obtained from the Director prior to constructing, oneratine. or using an Aauifer Storage and Recovery Well. "Aauifer Storage and Recovery Well" means a well that is used to inject potable water for the purposes of subsurface storage and for later recovery of the injected water. (b) Permit Applications. In addition to the permit requirements set forth in Rule .0211 of this Section, an application shall be submitted, in duplicate, to the Director on forms furnished by the Director and shall include the following: (1) Site Description that includes the following: (A) the name of the well owner or person otherwise legally responsible for the injection well, his or her mailing address and telephone number, and status -ass whether the owner is a federal, state, private, public, or other entity; (B) the name of the property owner, if different from the well owner, and their physical address, mailing address, and telephone number; (C) the name, mailing address, telephone number, and geographic coordinates of the facility for which the application is submitted; and (D) a list of all other injection permits associated with the inje do well system. subject facility. (2) Project Description. A description of what problem the project is intended to solve or what objective the project is intended to achieve and shall include the following: (A) the history and scope of the problem or objective; (B) what is currently being done to solve the problem or achieve the objective; (C) why existing practices are insufficient to solve the problem or achieve the objective; (D) what other alternatives were considered to solve the problem or achieve the objective; and (E) how this option was determined to be the most effective or desirable to solve the problem or achieve the objective. (3) Demonstration of Financial Responsibility as required in Rule .0208 of this Section. (4) Injection Zone Determination. The applicant shall specify the horizontal and vertical portion of the injection zone within which the proposed injection activity shall will occur based on the hydraulic properties of that portion of the injection zone specified. No violation of groundwater quality standards specified in Subchapter 02L resulting from the injection shall occur outside the specified portion of the injection zone zone, as detected by a monitoring plan approved by the Director. (5) Hydrogeologic Evaluation. If required by G.S. 89E, G.S. 89C, or G.S. 89F, a licensed geologist, professional engineer, or licensed soil scientist shall prepare a hydrogeologic evaluation of the facility to a d� +tl�t�rhludcol injection zone determined in accordance with Subparagraph (b)(4) of this Rule. A description of the hydrogeologic evaluation shall include all of the following: (A) regional and local geology and hydrogeology; (B) changes in lithology underlying the facility; (C) depth to the mean seasonal high water table; (D) hydraulic conductivity, transmissivity, and storativity of the injection zone based on tests of site-specific material, including a description of the test(s) tests used to determine these parameters; (E) rate and direction of groundwater flow as determined by predictive calculations or computer modeling; and (F) lithostratigraphic and hydrostratigraphic logs of test and injection wells. (6) Area of Review. The area of review shall be calculated using the procedure for determining the zone of endangering influence specified in 40 CFR 146.6(a). The applicant must shall identify all wells within the area of review that penetrate the injection or confining zone, zone and repair or permanently abandon all wells that are improperly constructed or abandoned. (7) Analyses of the injection zone(s) zones including: (A) test results of the native groundwater and the proposed recharge water for the parameters listed in Subparagraph (h)(4) of this Rule; (B) geochemical analyses of representative samples of the aquifer matrix to determine the type and quantity of reactive minerals; and (C) evaluation of the chemical compatibility of the native groundwater, injected water, and the aquifer matrix using site specific geochemical data and hydraulic properties of the injection zones, and the results of any geochemical or hydrogeologic modeling, modeling. and any other analytical too required.The chemical compatibility evaluation shall identify potential changes in groundwater quality resulting from the injection activities within the area of review specified in Subparagraph (b)(6) of this Rule. (8) Injection Procedure. The applicant shall submit a description of the proposed injection procedure that includes the following: (A) the proposed average and maximum daily rate and quantity of injectant; (B) the average maximum injection pressure expressed in units of pounds per square inch (psi); (C) calculation of fracture pressures of confining units expressed in units of psi; and (D) the total or estimated volume to be injected. (9) Injection well construction details including: (A) the number and depth of injection wells; (B) indication of whether the injection wells are existing or proposed; (C) depth and type of casing; (D) depth and type of screen material; (E) depth and type of grout; and (F) plans and specifications of the surface and subsurface construction of each injection well or well system. (10) Monitoring Wells. Monitoring wells shall be located so as to detect any movement of injection fluids, process byproducts, or formation fluids outside the injection zone as determined by the applicant in accordance with Subparagraph (b)(4) of this Rule. The monitoring schedule shall be consistent with the proposed injection schedule, pace of the anticipated reactions, and rate of transport of the injected fluid. The applicant shall submit a monitoring plan that includes the following: (A) a list of monitoring parameters and analytical methods to be used; (B) other parameters that may serve to indicate the progress of the intended reactions; (C) a list of existing and proposed monitoring wells to be used; and (D) a sampling schedule to mese for monitoring the proposed injection. (11) Well Data Tabulation. A tabulation of data on all existing or abandoned wells within the area of review of the injection ..'� wells that penetrate the proposed injection zone, including water supply wells, monitoring wells, and wells proposed for use as injection or monitoring wells. Such data shall include a description of each well's type, depth, and record of abandonment or completion. (12) Plan of Action. A proposed plan of action to be taken if the proposed injection operation causes fracturing of confining units, results in adverse geochemical reactions, or otherwise threatens groundwater quality. (13) Maps and Cross -Sections. Scaled, site-specific site plans or maps depicting the location, orientation, and relationship of facility components including the following: (A) area map based on the most recent USGS 7.5' topographic map of the area, at a scale of 1:24,000 1:24,000, and showing the location of the proposed injection site; (B) topographic contour intervals showing all facility related structures, property boundaries, streams, springs, lakes, ponds, and other surface drainage features; (C) all existing or abandoned wells within the area of review of the injection':' wells listed in the tabulation required in Subparagraph (b)(11) of this Rt�, Rule that penetrate the proposed injection zone, including water supply wells, monitoring wells, and wells proposed for use as injection wells; (D) potentiometric surface fnV(s) maps of each hydrostratigraphic unit in the injection zone(s) that show the direction of groundwater movement, and all existing and proposed wells; (E) seeti n(s) cross-sections that show the horizontal and vertical extent of the injection zeee(s), zones, lithostratigraphic units, hydrostratigraphic units, and all existing and proposed wells, complete with casing and screen intervals; and Attach. 02 (F) any all existing sources of potential or known groundwater contamination, including waste storage, treatment, or disposal systems within the area of review of the injection well or well system. (14) . Any other information necessary for the Director to ensure compliance with G.S. 87-84. (c) Injection Volumes. The Director may establish maximum injection volumes and pressures necessary to assure that: (1) fractures are not initiated in the confining zane(s); zones; (2) injected fluids do not migrate outside the injection zone or area; (3) injected fluids do not cause or contribute to the migration of contamination into uncontaminated areas; and (4) there is compliance with operating requirements. (d) Injection. (1) Injection may not commence until construction is complete, the permittee has submitted notice of completion of construction to the Director, and the Director has inspected or otherwise reviewed the injection well and finds it in compliance with the permit conditions. If the permittee has not received notice from the Director of intent to inspect or otherwise review the injection well within 10 days after the Director receives the notice, the permittee may commence injection. (2) Prior to granting approval for the operation, the Director shall consider the following information: (A) all available logging and testing data on the well; (B) a demonstration of mechanical integrity pursuant to Rule .0207 of this Section; (C) the proposed operating procedures; (D) the results of the formation testing program; and (E) the status of corrective action on defective wells in the area of review. (e) Well Construction. (1) Wells shall not be locate located: (A) where surface water or runoff will accumulate around the well due to depressions, drainage ways, or other landscapes that will concentrate water around the well; (B) if a person would be required to enter confined spaces to perform sampling and inspection activities; or (C) if injectants or formation fluids would migrate outside the approved injection zone as determined by the applicant in accordance with Subparagraph (b)(4) of this Rule. (2) The methods and materials used in construction shall not threaten the physical or mechanical integrity of the well during its lifetime and shall be compatible with the proposed injection activities. (3) The well shall be constructed in such a manner that surface water or contaminants from the land surface cannot migrate along the borehole annulus either during or after construction. (4) The borehole shall not penetrate to a depth greater than the depth at which injection will occur unless the purpose of the borehole is the investigation of the geophysical and geochemical characteristics of an aquifer. Following completion of the investigation, the borehole beneath the zone of injection shall be completely grouted to prevent the migration of any contaminants. (5) Drilling fluids and additives shall contain only potable water and may be comprised of one or more of the following: (A) the formation material encountered during drilling; (B) materials manufactured specifically for the purpose of borehole conditioning or well construction; or (C) materials approved by the Director, based on a demonstration of not adversely affecting human health or groundwater quality. (6) Only grouts listed under Rule .0107 of this Subchapter shall be used with the exception that bentonite grout shall not be used: (A) to seal zones of water with a chloride concentration of 1,500 milligrams per liter or greater as determined by tests conducted at the time of construction; or (B) in areas of the State subject to saltwater intrusion that may expose the grout to water with a chloride concentration of 1,500 milligrams per liter or greater at any time during the life of the well. (7) The annular space between the borehole and casing shall be grouted: (A) with a grout that is non-reactive with the casing or screen materials, the formation, or the injectant; (B) from land surface to the top of the gravel pack and in such a way that there is no interconnection of aquifers or zones having differences in water quality that would result in degradation of groundwater quality in any aquifer or zone; and (C) so that the grout extends outward from the casing wall to a mini thickness equal to either one-third of the diameter of the outside dimension of the casing or two inches, whichever is greater; but in no case shall a well be required to have an annular grout seal thickness greater than four inches. (8) Grout shall be emplaced around the casing by one of the following methods: (A) Pressure. Grout shall be pumped or forced under pressure through the bottom of the casing until it fills the annular space around the casing and overflows at the surface; (B) Pumping. Grout shall be pumped into place through a hose or pipe extended to the bottom of the annular space ..c that can be raised as the grout is applied. The grout hose or pipe shall remain submerged in grout during the entire application; or (C) Other. Grout may be emplaced in the annular space by gravity flow in such a way as to ensure complete filling of the space. Gravity flow shall not be used if water or any visible obstruction is present in the annular space at the time of grouting. Attach. 02 (9) All grout mixtures shall be prepared prior to emplacement per the manufacturer's directions with the exception that bentonite chips or pellets may be emplaced by gravity flow if water is present or the chips or pellets are otherwise hydrated in place. (10) If an outer casing is installed, it shall be grouted by either the pumping or pressure method. (11) The well shall be grouted within seven days after the casing is set or before the drilling equipment leaves the site, whichever occurs first. If the well penetrates any water-bearing zone that contains saline water, the well shall be grouted within one day after the casingis s set. (12) No additives that will accelerate the process of hydration shall be used in grout for thermoplastic well casing. (13) A casing shall be installed that extends from at least 12 inches above land surface to the top of the injection zone. (14) Wells with casing extending less than 12 inches above land surface may be approved by the Director only when one of the following conditions is met: (A) site specific conditions directly related to business activities, such as vehicle traffic, would endanger the physical integrity of the well; or (B) it is not operationally feasible for the well head to be completed 12 inches above land surface due to the engineering design requirements of the system. (15) Multi-screened wells shall not connect aquifers or zones having differences in water quality whiethat would result in a degradation of groundwater quality any aquifer or zone. (16) Prior to removing the equipment from the site, the top of the casing shall be sealed with a water-tight cap or well seal, as defined in G.S. 87-85, to preclude contaminants from entering the well. (17) Packing materials for gravel and sand packed wells shall be: (A) composed of quartz, granite, or other hard, non-reactive rock material; (B) clean, of uniform size, water-washed and free from clay, silt, or other deleterious materia'; and toxic materials; (C) disinfected prior to subsurface emplacement; (D) emplaced such that it shall will not connect aquifers or zones having differences in water quality that would result in the deterioration of the wa4er- ^..A groundwater quality in any aquifer or zone; (E) evenly distributed around the screen and shall extend to a depth at least one foot above the top of the screen. A fnini one-foot orrg eater thick seal, comprised of bentonite e4ay clay, ^r- other- sealing mmeria' approved by the Di-o^.^r, shall be emplaced directly above and in contact with the packing material. (18) Each injection well shall have a well identification plate that meets the criteria specified in Rule .0107 of this Subchapter. (19) A hose bibb, sampling tap, or other collection equipment approved by the Dirge*^r shall be installed on the line entering the injection well such that a sample of the injectant can be obtained immediately prior to its entering the injection well. (20) If applicable, all piping, wiring, and vents shall enter the well through the top of the casing unless other-wise wise aper ^a 1..�y the Director it is based on a design demonstrated to preclude surficial contaminants from entering the well. (21) The well head shall be completed in such a manner so as to preclude surficial contaminants from entering the we44 well, and well head protection shall include: (A) an accessible external sanitary seal installed around the casing and grouting; and (B) a water-tight cap or seal compatible with the casing and installed so that it cannot be removed without the use of hand or power tools. (f) Testing. (1) Appropriate logs and other tests conducted during the drilling and construction of the wells shall be submitted to the Director after completion of well construction. A descriptive report interpreting the results of such logs and tests shall be prepared by a log analyst and submitted to the Director after completion of the tests. The appropriateness of the logs and tests shall be determined by the Director based on the intended function, depth, construction, and other characteristics of the well; and availability of similar data in the area of the drilling sib site. and the n^^a for- additiona infer-mation that may arise from time to time as the construction of the well progresses. At �h Such logs and tests shall include: (A) lithostratigraphic logs of the entire borehole; (B) hydrosratigraphic logs of the entire borehole; and (C) deviation checks conducted on all holes where pilot holes and reaming are ,.sem used at sufficiently frequent intervals to assure that vertical avenues for fluid migration i the through diverging holes are not created during drilling. (2) When the injection zone is a water-bearing formation, the following information concerning the injection zone as determined by the applicant in accordance with Subparagraph (b)(4) of this Rule shall be submitted to the Direeter after completion of the determinations in an integrated form which includes the fellowingt. Director: (A) fluid pressure; (B) fluid temperature; (C) fracture pressure; (D) other physical and chemical characteristics of the injection zone; (E) physical and chemical characteristics of the formation fluids; and (F) compatibility of injected fluids with formation fluids. Attach. 02 (3) When the injection formation is not a water bearing formation, only the fracture pressure and other physical and chemical characteristics of the injection zone shall be determined or calculated and submitted to the Director after completion of the determinations. (4) Tests for mechanical integrity shall be conducted prior to operation and every 10 years thereafter in accordance with Rule .0207 of this Section. The Director may require more frequent mechanical integrity testing as set out in Rule .0207 of this Section. (g) Operation and Maintenance. (1) Pressure at the well head shall be limited to a maximum which will ensure that the pressure in the injection zone does not initiate new fractures or propagate existing fractures in the injection zone, initiate fractures in the confining zone, or cause the migration of injected or formation fluids outside the injection zone or area. (2) injection There shall be no injection between the outermost casing and the well borehole is prohibited. borehole. (3) Monitoring of the operating processes at the well head shall be provided for by the wellowner, s well as and protection against damage of the well head during construction and use. use shall be provided for by the well owner. (h) Monitoring. (1) Monitoring of the groundwater quality by permittee shall be required by the Director to demonstrate protection of the groundwaters of the State. (2) In determining the type, density, frequency, and scope of monitoring, the Director shall consider the following: (A) physical and chemical characteristics of the injection zone; (B) physical and chemical characteristics of the injected fluid(s); fluids; (C) volume and rate of discharge of the injected 4u fluids; (D) compatibility of the injected fluid(s) fluids with the formation fluid(s);fluids; (E) the number, type tne, and location of all wells, mines, surface bodies of water, and structures within the area of review; (F) proposed injection procedures; (G) expected changes in pressure, formation fluid displacement, and direction of movement of injected fluid; (H) proposals of corrective action to be taken in the event that of a failure in any phase of injection operations that renders the groundwaters unsuitable for their best intended usage as defined in 15A NCAC 02L .0202; and (I) the life expectancy of the injection operations. (3) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. (4) The following analytical parameters shall be included: (A) disinfectants and disinfection byproducts; (B) radium, radionuclides, and gross alpha radiation; (C) Reduction Potential (Eh), pH, Total Dissolved Solids (TDS), Biological Oxygen Demand (BOD), Total Oxygen Demand (TOD), Chemical Oxygen Demand (COD), temperature, conductivity, and dissolved oxygen; (D) coliform, Escherichia coli (E. Coli), Giardia, and Cryptosporidium; (E) parameters deemed ime by the D -eeto based on the source water, injection zone formation materials, native groundwater, , human health, or- the and an.. o�parameters necessary for the Department to ensure compliance with G.S. 87-84; and (F) other parameters for which National Primary and Secondary Drinking Water Standards have been established. (5) Analysis of the physical, chemical, biological, or radiological characteristics of the injected fluid shall be made monthly or more frequently, as necessary, necessary in order to provide representative data for characterization of the inj ectant. (6) Continuous recording devices to monitor the injection pressure, flow, rate, and volume of injected fluid shall be installed. (7) Monitoring wells associated with the injection site shall be monitored quarterly or on a schedule determined by the Director to detect any migration of injected fluids from the injection tee. zone to ensure compliance with G.S. 87- 84. (8) Monitoring wells completed in the injection zone and any of those zones adj acent to the injection zone maybe affected by the injection operations. If affected, the Director may require additional monitor wells located to detect any movement of injection fluids, process byproducts, or formation fluids outside the injection zone as determined by the applicant in accordance with Subparagraph (b)(4) of this Rule. If the operation is affected by subsidence or catastrophic collapse, the additional monitoring wells shall be located so that they will not be physically affected and shall be of an adequate number to detect movement of injected fluids, process byproducts, or formation fluids outside the injection zone or area. In determining the number, location and spacing of monitoring wells, the following criteria shall be considered by the Director: (A) the population relying on the groundwater resource affected, or potentially affected, by the injection operation; (B) the proximity of the injection operation to points of withdrawal of groundwater; (C) the local geology and hydrology; (D) the operating pressures; (E) the chemical characteristics and volume of the injected fluid, formation waternay o� byl�jucts; and (F) the density number of existing injection wells. (i) Reporting. (1) A record of the construction, abandonment, or repairs of the injection well shall be submitted to the Director within 30 days of completion of the specified activities. (2) All sampling results shall be reported to the Division "at4er-ly, quarterly or an at another frequency determined by the Pi'ms`^", a nam Director based on the reaction rates, injection rates, likelihood of secondary impacts, and site-specific hydrogeologic information. (3) The results of tests each test required in Paragraph (f) of this Rule shall be submitted to the Director within 30 days of the completion of the test. . 0) Public Notice. Public notice of intent to issue permits for applications submitted pursuant to this rule shall be given prior to permit issuance. (1) Such notice shall: (A) be posted on the Division website and given in press releases via media outlets having coverage within the area of review; (B) provide 30 days for public comments to be submitted to the Director; and (C) include a description of details of the project, such as the permit applicant; the location, number, and depth of injection wells; and the injectant type, source, and volume. (2) After the public comment period has ended the Director shall: (A) consider the comments submitted and determine if a public hearing is warranted; (B) determine if the draft permit shall be issued, modified, or denied; and (C) post notice on the Division website as of the final permitting action, which shall include the issued permit or the reason for denial if the permit was denied. (3) In determining if a public hearing is warranted, the Director's consideration shall include the following: (A) requests by property owners within the area of review; (B) potential harm to the public by not having a public hearing; (C) potential harm to the applicant due to the delay in having a public hearing; and (D) the likelihood of obtaining new information regarding the proposed injection. History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(a)(20); Eff. May 1, 2012. 2012; Readopted Eff.' <date>. 15A NCAC 02C.0220 AQUIFER TEST WELLS (a) Aquifer r Test Wells are "Aquifer Test Wells" means wells used to inject uncontaminated fluid into an aquifer to determine the aquifer characteristics. (b) Injection wells of this type are shall be permitted by rule when constructed and operated in accordance with this Rule. (c) Only potable water may shall be injected through this type of injection well. (d) Tests for mechanical integrity shall be conducted in accordance with Rule .0207 of this Section. (e) Injection wells of this type shall be constructed in accordance with the well construction standards applicable to monitoring wells specified in Rule .0108 of this Subchapter; (f) The operation of the aquifer test well shall not cause contaminated groundwater to migrate into an area not contaminated prior to initiation of injection activities or cause a violation of applicable groundwater quality standards as specified in Subchapter 02L. (g) Within 30 days of a change of status of the well, the owner/operator shall provide the following information: (1) facility name, address, and location indicated by either: (A) latitude and longitude with reference datum, position accuracy, and method of collection; or (B) a facility site map with property boundaries; (2) name, telephone number, and mailing address of legal contact; (3) ownership of facility as a private individual or organization, organization or a federal, state, county, or other public entity; (4) number of injection wells and their construction details; and (5) well status as proposed, aetive, i . (either proposed, active, inactive, temporarily abandoned, or permanently abandoned). (h) A record of the construction, abandonment, or repairs of the injection well shall be submitted to the Director within 30 days of completion of the specified activities. History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(a)(20); Eff. May 1, 2012. 2012; Readopted Eff.' <date>. 15A NCAC 02C.0221 EXPERIMENTAL TECHNOLOGY WELLS Expefifnental To..l,aelegy Wells are "Experimental Technology Wells" means wells used in experimental or unproven technologies where whose operation is i ,.,.mplianee complies with all appfapr-ime applicable rules and statutes. Rule .equi .o,,,of4s f Experimental Technology Wells shall be evaluated and tfemed as efie of the ieeti .., • ell types coMply complywith the rul v theAiection well types in Rule .0209(5)(b) of this Section that the Director- determines most closely resembles the Experimental Technology Well's hydrogeologic complexity and potential to adversely affect groundwater quality. The Director ^^^- . ^ iditiona ments for- the pr-oteetien of human health and the etwir-eament based on site speeifie efitefia, existing or- pr-ejeeted efwir-eamefAal History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.IA; 143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(x)(20); Eff. May 1, 2012. 2012; Readopted Eff.' <date>. 15A NCAC 02C.0222 GEOTHERMAL AQUEOUS CLOSED-LOOP WELLS (a) Geothermal n,.ueoi,^ Closed Loop Wells are used to "Geothermal Aqueous Closed -Loop Wells" means wells that house a subsurface system of closed-loop pipe that circulates potable water only or a mixture of potable water and performance -enhancing additives such as antifreeze, corrosion inhibitors, or scale inhibitors for heating and cooling purposes. Only additives that the Department of Health and Human Services' Division of Public Health determines not to adversely affect human health in compliance with G.S. 130A-5 shall be used. (b) Permitted by Rule. A4 Aqueous Closed -Loop Geothermal Wells are permitted by rule when constructed and operated in accordance with the rules of this Section. (c) Individual Permits. If an individual permit is required pursuant to Rule .0217 of this Section, then an application for permit renewal shall be made at least 120 days prior to the expiration date of the permit. (d) Notification. In addition to the requirements set forth in Rule .0211 of this Section, notification for systems designed to serve a single family residence shall be submitted at least two or more business days prior to construction and at least 30 days for all other installations. The notification shall be submitted to the Director and to the county health department. The notification shall be on forms supplied by the Director and shall include: (1) the well owner's name, address, telephone number, email address (if available), and status as whether the owner is a federal, state, private, public, or other aetivity. entity. If the well operator is different from the owner then the same information shall be provided for the well opermer. operator; (2) the physical location of the well facility; (3) a description of the proposed injection activities; (4) a scaled, site-specific map showing the following: (A) any water supply well and surface water body; septic system including drainfield, waste application area, and repair area; and any other potential sources of contamination listed in Subparagraph (e)(5) of this Rule within 250 feet of the proposed injection well(s); wells; (B) property boundaries within 250 feet of the parcel on which the proposed wells are located; and (C) an arrow orienting the site to one of the cardinal directions; (5) the types and concentrations of additives, if any, to be used in the closed-loop geothermal well system. All propose additives not air-eady approved for- use at the time of applieation submi#al shall be s*eet to a health risk evaltiation, Only approved additives shall be used in any closed loop geothermal well system; (6) plans and specifications of the surface and subsurface construction details of the system; (7) the' ea4ingleea ing heating and cooling system installation contractor's name and certification number, address, email address (if available), and telephone number; (8) description of how the items identified in Part (d)(4)(A) of this Rule will be protected during well construction; and (9) . any other information necessary for the Department to ensure compliance with G.S. 87-84. (e) Well Construction. (1) Only tubing that meets the specifications in Chapter 12 of the North Carolina Mechanical Code shall be used. (2) Drilling fluids and water produced during well construction shall be managed in such a way as to prevent direct discharges to surface waters as well as violations of groundwater and surface water quality standards. Plans for such preventive measures shall be retained onsite for- se throughout the construction process. (3) The well shall be constructed in such a manner that surface water or contaminants from the land surface cannot migrate along the borehole annulus at any time during or after construction. (4) The well shall be located such that: (A) the injection well is not in an area where surface water or runoff will accumulate around the well due to depressions, drainage ways, or other landscape features that will concentrate water around the well; and (B) the injection well is not in an area that requires a person to enter confined spaces to perform sampling and inspection activities. (5) The minimu horizontal separationfrom l between the geothermal aqueous closed-loop well and potential sources of groundwater contamination that exist at the time the well(s) wells are constructed shall be as follows, .^! , it can be demonstrated to the Direetor's satisfaction that a lesser separation distanee will not a&er-sely affect human health or- eause a vielatien of a groundwa4er- "alit), standafd as speeified in Subchapter- 02L: no less that as follows unless otherwise specified: (A) Building perimeters, including any attached structures for which a building permit is required, such as garages, patios, or decks, regardless of foundation construction type 15 feet (B) Septic systems systems, including drainfield, waste application area, and rep ajlik C O n 50 feet (C) Sewage or liquid waste collection or transfer- facilities constmeted to water main standards in accordance with 15A NCAC 0 LT.0305(g)(2)ur R-ule.r950t 'mooehaptei'was applicable Industrial or municipal sewage or liquid waste collection or transmission sewer mains constructed to water main standards as stated in the American Water Works Association (AWWA) Standards C600 and/or C900 15 feet Water -tight sewer lateral lines from a residence or other non-public system to a sewer main or other wastewater disposal system 15 feet Sewage of liquid waste eolleetion of tfansfer- f6eilities net eofis4vaeted to watef main standar-ds in aeeor-d with 5A NCAC 02T.0305(g)(2) or- 15A P CAC-18A.1950(e), as-applie-able Other industrial or municipal sewage or liquid waste collection or transmission sewer mains 25 feet (E -)f Chemical or petroleum fuel underground storage tank systems regulated under 15A NCAC 02N with secondary containment 50 feet (F)LG) Chemical or petroleum fuel underground storage tank systems regulated under 15A NCAC 02N without secondary containment 100 feet "U Above ground or underground storage tanks .c that contain petroleum fuels used for heating equipment, boilers boilers, or furnaces, with the exeeptie e except for tanks used solely for storage of propane, natural gas, or liquefied petroleum gas 50 feet (44)(11) Land-based or subsurface waste storage or disposal systems 50 feet (4)LJ,) Gravesites 50 feet (J)LK, Any other potential sources of contamination 50 feet (6) The methods and materials used in construction shall not threaten the physical and mechanical integrity of the well and any tubing during its lifetime and shall be compatible with the proposed injection activities. (7) Drilling fluids and additives shall contain only potable water and may be comprised of one or more of the following: (A) the formation material encountered during drilling; and (B) materials manufactured specifically for the purpose of borehole conditioning or well construction; or construction. (E} , based on a demens4fmiea of not adN,ersely affecting human health or the (g) Allowable grouts listed under- Rule .0107 of this Subehapter- shall be usedA4h the e*eepfien that ben4anite ehips a pellets "fall not be used. Thermally enhanced bentonite slpM grout shall be used. This grout shall consist of a mixture of not more than 22 gallons of potable water, one 50 -pound bag of thermally enhanced commercial Wig sodium bentonite, and up to 400 pounds of clean dry 50-70 mesh silica sand. The amount of silica sand may be varied to achieve the thermal conductivity desired of the grout. The thermally enhanced grout slurry shall only be used in accordance with the manufacturers written instructions and shall meet permeability standards in accordance with Rule .0107 of this Subchapter. (9) Bentonite grout shall not be used: (A) to seal zones of water with a chloride concentration of 1,500 milligrams per liter or greater as determined by tests conducted at the time of construction, or (B) in areas of the State subject to saltwater intrusion that may expose the grout to water with a chloride concentration of 1,500 milligrams per liter or greater at any time during the life of the well. (10) No additives that will accelerate the process of hydration shall be used in grout for thermoplastic well casing. (11) Grout shall be placed the entire length of the well boring from the bottom of the boring to land surface or, if completed below land surface, to the well header or manifold connection. (12) The grout shall be emplaced by one of the following methods: (A) Pressure. Grout shall be pumped or forced under pressure through the bottom of the casing until it fills the borehole or annular space around the casing and overflows at the surface; or (B) Pumping. Grout shall be pumped into place through a hose or pipe extended to the bottom of the borehole or annular space which can be raised as the grout is applied. The grout hose or pipe shall remain submerged in grout during the entire applies or application. eamplete filling of the spaee. Gfavity 14ow shall not be used if wmer- or- a*y visible abstpae6en is present in the borehole or- annular- spaee at the time of gr-etAiag. (13) If temporary outer casing is installed, it shall be removed during grouting of the borehole in such a way that maintains the integrity of the borehole and uniform grout coverage around the geothermal tubing. (14) If a permanent outer casing is installed: (A) The space between the interior wall of the casing and the geothermal tubing shall be grouted the entire length of the well boring from the bottom of the boring to land surface or, if completed below land surface, to the well header or manifold connection; (B) The annular space between the casing and the borehole shall be grouted with a grout that is non-reactive with the casing or the formation; (C) Grout shall extend outward in all directions from the casing wall to borehole wall and have a minimum thickness equal to either one-third of the diameter of the outside dimension of the casing or two inches, whichever is greater; and (D) In no case shall a well be required to have an annular grout seal thickness greater than four inches. (15) Grout emplacement shall not threaten the physical or mechanical integrity of the well. Attach. 02 (16) The well shall be grouted within seven days after drilling is complete or before the drilling equipment leaves the site, whichever occurs first. If the well penetrates any water -bearing zone that contains contaminated or saline water, the well shall be grouted within one day after the casingis s set. (17) Prior to removing the equipment from the site, the top of the casing shall be sealed with a water -tight cap or well seal, as defined in G.S. 87-85, to preclude contaminants from entering the well. (18) Well head completion shall be conducted in such a manner so as to preclude surficial contaminants from entering the well. (f) Well Location. The location of each well boring and appurtenant underground piping leading to the i ea4 o.,,.hango.(s` all heat exchangers shall be identifiable such that they may be located, repaired, and abandoned as necessary after construction. (1) The as -built locations of each well boring, header pit, and appurtenant underground piping shall be recorded on a scaled site-specific facility map, which shall be retained onsite and distributed as specified in Subparagraph (i)(1) of this Rule. (2) Each well boring and header pit shall be located by a North Carolina registered land surveyor, a GPS receiver, or by triangulation from at least two permanent features on the site, such as building foundation corners or property boundary iron pins. (3) Well boring and appurtenant underground piping locations shall be identifiable in the field by tracer wire and warning tape, concrete monuments, or any other method approved by the Director upon a demonstration that such a method provides a reliable and accurate method of detection. (4) If tracer wire and warning tape are used, then tracer wire consisting of copper wire of at least 14 gauge shall be placed adjacent to all horizontal piping during pipe installation, and warning tape shall be installed directly above the horizontal piping approximately 12 inches below final grade. (5) If concrete monuments are used, then each monument shall be located directly above each individual well, at the perimeter corners of each well field, or in the center of each well cluster. Each concrete monument shall be permanently affixed with an identification plate constructed of durable, weatherproof, rustproof metal or other material approved by the Director as equivalent, which shall be stamped with the following information: (A) well contractor name and certification number; (B) number and depth of the bering(s); borings; (C) grout depth interval; (D) well construction completion date; and (E) identification as a geothermal we' ell well or well field. (g) Testing. (1) Closed loop tubing shall pass a pressure test on-site prior to installation into the borehole. Any closed loop tubing that fails the pressure test shall either not be used or have the leaks leeated and repaired plus shall pass a subsequent pressure test prior to installation installation and after all leaks have been located and repaired. (2) The closed loop well system shall pass a pressure test after installation and prior to operation. Any pressure fluctuation other than that due to thermal expansion and contraction of the testing medium shall be considered a failed test. Any leaks shall be located and repaired prior to operating the system. (h) Operation. (1) The well shall be a r -de pr-ete .: protected against damage during construction and use. (2) The well shall be operated and maintained in accordance with the manufacturer's specifications throughout its operating life. (i) Monitoring and Reporting. (1) The well owner shall submit the as -built well locations as documented in accordance with Paragraph (f) of this Rule to the Director and applicable the appropriate county health department. The well owner shall also record these documents with the register of deeds of the county in which the facility is located. (2) Upon sale or transfer of the property, the owner shall give a copy of these records to the new property e r(s). owner or owners. (3) The Director may require any monitoring necessary to demonstrate protection of waters o f the state to the level oft o plieable aa.. mer- star a ensure compliance with G.S. 87-84. (4) The permitee shall report any leaks to the Division during the lifetime of the well. (5) A record of the construction, abandonment, or repairs of the injection well shall be submitted to the Director within 30 days of completion of the specified activities. History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.IA; 143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(a)(20); Eff. May 1, 2012. 2012; Readopted Eff.' <date>. 15A NCAC 02C.0223 GEOTHERMAL DIRECT EXPANSION CLOSED-LOOP WELLS (a) Geet .o,.mal r.; -eet E"ansi n Closed Loop Wells "Geothermal Direct Expansion Closed -Loop Wells" means wells a -e used to house a subsurface system of closed-loop pipe that circulates refrigerant gas for heating and cooling purposes. Only gasses that the Department of Health and Human Services' Division of Public Health determines not to adversely affect human health in compliance with G.S. 130A-5 shall be used. Attach. 02 (b) Permitted by Rule. All Direct Expansion Closed-Loop Geothermal Wells are permitted by rule when constructed and operated in accordance with the rules of this Section. (c) Individual Permits. If an individual permit is required pursuant to Rule .0217 of this Section, then an application for permit renewal shall be made at least 120 days prior to the expiration date of the permit. (d) Notification. In addition to the requirements set forth in Rule .0211 of this Section, notification for systems designed to serve a single family residence shall be submitted a4 least two or more business days prior to construction and aleast 30 days or more for all other installations. The notification shall be submitted to the Director and to the county health department. The notification shall be on forms supplied by the Director and shall include: (1) the well owner's name, address, telephone number, email address (if available), and status as whether the owner is a federal, state, private, public, or other army. enti . If the well operator is different from the owner then the same information shall be provided for the well operates operator; (2) the physical location of the well; (3) a description of the proposed injection activities; (4) a scaled, site specific map showing the following: (A) any water supply well and surface water body; septic system including drainfield, waste application area, and repair area; and any other potential sources of contamination listed in Subparagraph (e)(6) of this Rule within 250 feet of the proposed injection w wells; (B) property boundaries within 250 feet of the parcel on which the proposed wells are located; and (C) an arrow orienting the site to one of the cardinal directions; (5) the type of gas to be used in the closed-loop geothermal well system. All proposed gases of air-ea y approved f r �^ at the time of application submittal shall be subject to a health risk evaluation. Only approved gases shall be used in any closed loop geothermal well system; (6) plans and specifications of the surface and subsurface construction details of the system; (7) the' eatingleee ing heating and cooling system installation contractor's name and certification number, address, email address (if available), and telephone number; (8) description of how the items identified in Part (d)(4)(A) of this Rule will be protected during well construction; and (9) such other information as deemed necessary by the Director for the protection of human health and the environment. (e) Well Construction. (1) Only tubing that meets the specifications in Chapter 12 of the North Carolina Mechanical Code shall be used. (2) All systems shall be constructed with cathodic protection unless testing conducted in accordance with Paragraph (g) of this Rule indicates that all pH test results are within the range of 5.5 to 11.0 standard units. (3) Drilling fluids and water produced during well construction shall be managed in such a way as to prevent direct discharges to surface waters as well as and violations of groundwater and surface water quality standards. Plans for such preventive measures shall be retained onsite for use throughout the construction process. (4) The well shall be constructed in such a manner that surface water or contaminants from the land surface cannot migrate along the borehole annulus at any time during or after construction. (5) The well shall be located such that: (A) the injection well is not in an area where surface water or runoff will accumulate around the well due to depressions, drainage ways, or other landscape features that will concentrate water around the well; and (B) the injection well is not in an area that requires a person to enter confined spaces to perform sampling and inspection activities. (6) The mini horizontal separation distan^^ of the entire length of the b ar-e ale between the geothermal direct expansion closed-loop well and potential sources of groundwater contamination that exist at the time the wed wells are constructed shall be no less than as fellows, follows unless it can be demonstrated to the Direetor's satin f etio that a lesser separation distance will not adversely affect human health or cause a violation of a groundwater- quality standard as specified in cubehapto,. 02L: otherwise specified: (A) Building perimeters, including any attached structures for which a building permit is required, such as garages, patios, or decks, regardless of foundation construction type 15 feet (B) Septic systems systems, including drainfield, waste application area, and repair area 50 feet (C) Sewage or- liquid waste eolleetion or- tfansfer- f4eilities eonsti%eted to water main standards in aeeerda-nee with , 5 n NC n r 02T 0305(g)(2) ^r , 5 n NC n r , 8 n , 950(e) as pplie bl-e Industrial or municipal sewage or liquid waste collection or transmission sewer mains constructed to water main standards as stated in the American Water Works Association (AWWA) Standards C600 and/or C900 15 feet (D,) Water-tight sewer lateral lines from a residence or other non-public system to a sewer main or other wastewater disposal system 15 feet Sewage or liquid waste collection or transfer- facilities not constructed to wa4er- main standards in accordance- with 15A NCAC 02T .0305(g)(2) or 15A NCAC C , 9A , 950(e) as applicable e Other industrial or municipal sewage or liquid waste collection or transmission sewer mains 25 feet (4✓)(D Chemical or petroleum fuel underground storage tank systems regulated under 15A NCAC 02N with secondary containment 50 feet (-%Q) Chemical or petroleum fuel underground storage tank systems regulated under 15A NCAC 02N without secondary containment 100 feet (G)ffl) Above ground or underground storage tanks why that contain petroleum fuels used for heating equipment, boilers boilers, or furnaces, with the exeeptio e excgpt for tanks used solely for storage of propane, natural gas, or liquefied petroleum gas Attach. 0250 feet (I4)Land-based or subsurface waste storage or disposal systems 50 feet (1)Q) Gravesites 50 feet (J)ff) Any other potential sources of contamination 50 feet (7) Angled boreholes shall not be drilled in the direction of underground petroleum or chemical storage tanks unless it can be demonstrated to the satisfaction of the Director that doing so will not adversely affect human health or cause a violation of a groundwater quality standard as specified in Subchapter 02L. (8) The methods and materials used in construction shall not threaten the physical and mechanical integrity of the well during its lifetime and shall be compatible with the proposed injection activities. (9) Drilling fluids and additives shall contain only potable water and may be comprised of one or more of the following: (A) the formation material encountered during drilling; and (B) materials manufactured specifically for the purpose of borehole conditioning or well const etion; or construction. materials approved by the Director-, based on a demonstration of not adversely affecting human health or- the (10) Allowable gr-ou4s listed under- Riale .0107 of this Subehapter- shall be used NN4th the exeeption tha4 befftonite ehips o pellets shall not be used. Thermally enhanced bentonite slpM grout shall be used. This grout shall consist of a mixture of not more than 22 gallons of potable water, one 50 -pound bag of thermally enhanced commercial Wig sodium bentonite, and up to 400 pounds of clean dry 50-70 mesh silica sand. The amount of silica sand maybe varied to achieve the thermal conductivity desired of the grout. The thermally enhanced grout slurry shall only be used in accordance with the manufacturers written instructions. (11) Bentonite grout shall not be used: (A) to seal zones of water with a chloride concentration of 1,500 milligrams per liter or greater as determined by tests conducted at the time of construction, or (B) in areas of the State subject to saltwater intrusion that may expose the grout to water with a chloride concentration of 1,500 milligrams per liter or greater at any time during the life of the well. (12) No additives that will accelerate the process of hydration shall be used in grout for thermoplastic well casing. (13) Grout shall be placed the entire length of the well boring from the bottom of the boring to land surface or, if completed below land surface, to the well header or manifold connection. (14) The grout shall be emplaced by one of the following methods: (A) Pressure. Grout shall be pumped or forced under pressure through the bottom of the casing until it fills the borehole or annular area space the casing and overflows at the surface; or (B) Pumping. Grout shall be pumped into place through a hose or pipe extended to the bottom of the borehole or annular space which can be raised as the grout is applied. The grout hose or pipe shall remain submerged in grout during the entire applies o application. Other. Grout may be emplaced in the borehole or annular space by gravity flow in such a way to ensure complete filling of the space. Gravity flow shall not be tised if water or any visible obstmetion is present in the borehole or amiular space at the time of grouting. (15) If temporary outer casing is installed, it shall be removed during grouting of the borehole in such a way that maintains the integrity of the borehole and uniform grout coverage around the geothermal tubing. (16) If a permanent outer casing is installed: (A) The space between the interior wall of the casing and the geothermal tubing shall be grouted the entire length of the well boring from the bottom of the boring to land surface or, if completed below land surface, to the well header or manifold connection. (B) The annular space between the casing and the borehole shall be grouted with a grout that is non-reactive with the casing or the formation. (C) Grout shall extend outward in all directions from the casing wall to borehole wall and have a minimum thickness equal to either one-third of the diameter of the outside dimension of the casing or two inches, whichever is greater; and (D) In no case shall a well be required to have an annular grout seal thickness greater than four inches. (17) Grout emplacement shall not threaten the physical or mechanical integrity of the well. (18) The well shall be grouted within seven days after drilling is complete or before the drilling equipment leaves the site, whichever occurs first. If the well penetrates any water -bearing zone that contains contaminated or saline water, the well shall be grouted within one day after the casingis s set. (19) Prior to removing the equipment from the site, the top of the casing shall be sealed with a water -tight cap or well seal, as defined in G.S. 87-85, to preclude contaminants from entering the well. (20) Well head completion shall be conducted in such a manner so as to preclude surficial contaminants from entering the well. (f) Well Location. The location of each well boring and appurtenant underground piping leading to the heat exchanger(s) all heat exchangers shall be identifiable such that they may be located, repaired, and abandoned as necessary after construction. (1) The as -built locations of each well boring, header pit, and appurtenant underground piping shall be recorded on a scaled site-specific facility map, which shall be retained onsite and distributed as specified in Subparagraph (i)(1) of this Rule. (2) Each well boring and header pit shall be located by a North Carolina registered land surveyor, a GPS receiver, or by triangulation from at least two permanent features on the site, such as building foundation corners or property boundary iron pins. Attach. 02 (3) Well boring and appurtenant underground piping locations shall be identifiable in the field by tracer wire and warning tape, concrete monuments, or any other method approved by the Director upon a demonstration that such a method provides a reliable and accurate method of detection. (4) If tracer wire and warning tape are used, then tracer wire consisting of copper wire of at least 14 gauge shall be placed adjacent to all horizontal piping during pipe installation, and warning tape shall be installed directly above the horizontal piping approximately 12 inches below final grade. (5) If concrete monuments are used, then each monument shall be located directly above each individual well, at the perimeter corners of each well field, or in the center of each well cluster. Each concrete monument shall be permanently affixed with an identification plate constructed of durable, weatherproof, rustproof metal or other material approved by the Director as equivalent, which shall be stamped with the following information: (A) well contractor name and certification number; (B) number and depth of the bering(s); borings; (C) grout depth interval; (D) well construction completion date; and (E) identification as a geothermal we' ell well or well field. (g) Testing. (1) Closed loop tubing shall pass a pressure test on-site prior to installation into the borehole. Any closed loop tubing that fails the pressure test shall either not be used or have the leaks leea4ea and repaired plus shall pass a subsequent pressure test prior to bion.. installation and after all leaks have been located and repaired. (2) The closed loop well system shall pass a pressure test after installation and prior to operation. Any pressure fluctuation other than that due to thermal expansion and contraction of the testing medium shall be considered a failed test. Any leaks shall be located and repaired prior to operating the system. (3) When not providing cathodic protection as specified in Subparagraph (e)(2) of this Rule drilling cuttings shall be tested for pH at a frequency of at least every 10 feet of boring length using a pH meter that has been calibrated prior to use according to the manufacturer's instructions. (h) Operation. (1) The well shall be a r -de pr-ete .: protected against damage during construction and use. (2) The well shall be operated and maintained in accordance with the manufacturer's specifications throughout its operating life. Cathodic protection, if required, shall be maintained at all times in accordance with the manufacturer's specifications throughout the operating life of the "'� ,,� wells. (i) Monitoring and Reporting. (1) The well owner shall submit the as -built well locations as documented in accordance with Paragraph (f) of this Rule to the Director and applicable the appropriate county health department. The well owner shall also record these documents with the register of deeds of the county in which the facility is located. (2) Upon sale or transfer of the property, the owner shall give a copy of these records to the new property ewner(s). owner or owners. (3) The Director may require any monitoring necessary to demonstrate protection of waters of the state to the level of t „lieable .,a.. mer- star a ensure compliance with G.S. 87-84. (4) The permitee shall report any leaks to the Division during the lifetime of the well. (5) A record of the construction, abandonment, or repairs of the injection well shall be submitted to the Director within 30 days of completion of the specified activities. History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.]A,- 143-215.3(a)(1); 43-215.IA;143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(a)(20); Eff. May 1, 2012. 2012; Readopted Eff.' <date>. 15A NCAC 02C.0224 GEOTHERMAL HEATINGICOOLING HEATING AND COOLING WATER RETURN WELLS (a) Geot-.o..m a 14eQ n Ceel ng Wa4ef Retu a wells "Geothermal Heating and Cooling Water Return Wells" means wells that reinject groundwater used to provide heating or cooling for structures. These wells may shall not be approved by the Director only i unless the temperature of the injection fluid is does not in exceed 30 degrees Fahrenheit above or below the naturally occurring temperature of the receiving gr -e ,na,. mer- This inel des groundwater, including wells using a geothermal fluid source. All Geether-m,' 14e tin Ceel: No Geothermal Heating and Cooling Water Return Wells require a ezmit. Well shall be constructed, repaired, or operated without a permit. (b) Permit Applications. In addition to the permit requirements set forth in Rule .0211 of this Section, an application shall be submitted, in duplicate, to the Director on forms furnished by the Director and shall include the following: (1) the well owner's name, address, telephone number, email address (if available), and stems as whether the owner is a federal, state, private, public, or other army. enti . If the well operator is different from the owner then the same information shall be provided for the well operator. operator; (2) the physical address of the location of the well site if different than the well owner's mailing address; (3) a description of the injection activities proposed by the applicant; (4) a scaled, site-specific map showing at a minimum, the following: (A) any water supply well and surface water body; septic system including drainfield, waste application area, and repair area; and any other potential sources of contamination listed under Rule .0107 of this Subchapter within 250 feet of the proposed injection well(s); wells; Attach . 02 (B) property boundaries within 250 feet of the parcel on which the proposed wells are located; and (C) an arrow orienting the site to one of the cardinal directions; (5) the proposed average and maximum daily injection rate, volume, pressure, temperature, and quantity of fluid to be injected; (6) plans and specifications of the surface and subsurface construction details of the system including a schematic of the injection and source ,•'� ,� wells construction; (7) the' ea4iag/eealiag heating and cooling system installation contractor's name, address, email address (if available), and telephone number; and (8) . any other information necessary for the Department to ensure compliance with G.S. 87-84. (c) Permit Renewals. Application for permit renewal shall be made at least 120 days prior to the expiration date of the permit. (d) Well Construction. (1) The A water supply well providing water for a separate geothermal heating and cooling injection well shall be constructed in accordance with the requirements of Rule .0107 of this Subchapter. (2) if a separ-a4e injeetien •.poll A geothermal heating and cooling water return injection well constructed with a well screen is used then i shall also be constructed in accordance with the requirements of Rule .0107 of this Subchapter except that the entire length of the casing shall be grouted from the top of the sand and/or gravel pack to the land surface in such a way that there is no interconnection of aquifers or zones having differences in water quality that would result in the degradation of groundwater quality of any aquifer or zone. (3) For open-end geothermal heating and cooling water return we4s-, wells (also referred to as open -hole wells), the casing shall be grouted from the bottom of the casing to the land surface in such a way that there is no interconnection of aquifers or zones having differences in water quality that would result in degradation groundwater quality of any aquifer or zone. (4) The injection well system shall be constructed such that a sampling tap tWs or other collection equipment approved by the Director provides a functional source of water when the system is operational. Such equipment shall provide the means to collect a water sample immediately after emerging from the water supply well (influent sample), and immediately prior to injection into the return well- well (effluent sample). (e) Operation and Maintenance. (1) Pressure at the well head shall be limited to a .....,:mum ,..high will eas, to ensure that the pressure in the injection zone does not initiate new fractures or propagate existing fractures in the injection zone, initiate fractures in the confining zone, or cause the migration of injected or formation fluids outside the injection zone or area. (2) Injection between the outermost casing and the well borehole is shall be prohibited. (3) Monitoring of the operating processes shall be provided for by the well owner, asw '� and protection against damage during construction and use. (f) Monitoring and Reporting. (1) Monitoring of any well may be required by the Director as necessary to demonstrate adequate proteetion of waters ^F the state to the level of applicable groundwater- standards. ensure compliance with G.S. 87-84. (2) The well owner shall retain copies of records of any site maps showing the location of the injection wells; wells and any testing, calibration, or monitoring information done on-site. Upon sale or transfer of the property, the owner shall give a copy of these records to the new property ewaer-(s). owner or owners. (3) The permittee shall record the number and location of the wells with the register of deeds in the county in which the facility is located. (4) A record of the construction, abandonment, or repairs of the injection well shall be submitted to the Director within 30 days of completion of the specified activities. History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(a)(20); Eff. May 1, 2012. 2012; Readopted Eff. <date>. 15A NCAC 02C.0225 GROUNDWATER REMEDIATION WELLS AND SYSTEMS (a) G,.,.,,a,1,.,mef Reffiedia4 o Wells "Groundwater Remediation Wells" means wells that are used to inject additives, treated groundwater, or ambient air for the treatment of contaminated soil or groundwater. Only additives that the Department of Health and Human Services' Division of Public Health determines not to adversely affect human health in compliance with G.S. 130A-5 shall be approved for injection. (b) "Groundwater Remediation Svstems" include infiltration galleries and injection wells. When on-site contaminated eroundwater is used, the groundwater remediation injection wells shall be permitted in accordance with G.S. 143-215.1A. (b)fcc) Permitted by Rule. The following are permitted by rule pursuant to Rule .0217 of this Section when if constructed and operated in accordance with the rules of this Section, all criteria for the specific injection system are met, hydraulic or pneumatic fracturing are not conducted, and the injection wells or injection activities do not result in the violation of any groundwater or surface water standard outside the injection zone: (1) Passive Injection Systems injeetie wells Systems that use in -well delivery systems to diffuse injectants into the subsurface; (2) Small-scale Injection Ope-.bons. injeetio wells- Operations used to inject tracers or other additives to remediate contaminant plumes located within a land surface area not to exceed 10,000 square fcAttach. 02 (3) Pilot Tests Preliminary s dies Tests conducted for the pwpose of evaluating to evaluate the technical feasibility of a remediation strategy in order to develop a full scale remediation plan for future implementation, and if the surface area of the injection zone wells are located within an area that does not exceed five percent of the land surface above the known extent of groundwater contamination. Pilot A pilot test may involve multiple injection wells, injection events, and injectants within the specified area. An individual permit shall be required to conduct more than one pilot test on any separate groundwater contaminant plume; (4) Air Injection Wells. injeefien wells Wells used to inject ambient air to enhance in-situ treatment of ,,rou groundwater and that meet the following requirements: (A) The air to be injected shall not exceed the ambient air quality standards set forth in 15A NCAC 02D .0400 and shall not contain petroleum or any other constituent that would cause a violation of groundwater standards specified in Subchapter 021,; and (B) Injection wells of this type shall be constructed in accordance with the well construction standards applicable to monitoring wells specified in Rule .0108 of this Subchapter. In-situ thermal (IST) well systems that apply heat in targeted subsurface zones to promote remediation (i.e., electrical resistance heating(ERH), thermal conductive heating (TCH), or steam enhanced extraction (SEE)) and that meet the following requirements: An.. IST ST systems used shall not contain petroleum or any other constituent that would cause a violation of groundwater standards specified in Subchapter 02L; and Injection wells of this type shall be constructed in accordance with the well construction standards applicable to monitoring wells specified in Rule .0108 of this Subchapter. (00d Notification for Groundwater Remediation Wells described in Subparagraphs (b)M(c)(1) through (b}(3 -)(c)(3), and c 5) of this Rule. Netifien n Rule shall be submitted to the Director two weeks prior to injection on forms supplied by the Director. Such notification shall include the following: (1) the name and contact information of the well owner; (2) the name and contact information of the person who can answer technical questions about the proposed injection syste system, if different from the well owner; (3) geographic coordinates of the injection well or well field; (4) maps of the injection zone relative to indicating the known extent of contamination such as: (A) contaminant plume map(s) mans with isoconcentration lines that show the horizontal extent of the contaminant plume in soil and groundwater, existing and proposed monitoring wells, and existing and proposed injection wells; and (B) oross seetion(s) cross-sections to the known or projected depth of contamination that show the horizontal and vertical extent of the contaminant plume in soil and groundwater, changes in lithology, existing and proposed monitoring wells, and existing and proposed injection wells; (5) the purpose, scope, and goals of the proposed injection activity; (6) the name, volume, concentration, and Material Safety Data Sheet of each injectant; (7) a schedule of injection well construction and injection activities; (8) the plans and specifications of each injection well or well system, which include: (A) the number and depth of injection wells; (B) an indication whether the injection wells are existing or proposed; (C) the well contractor name and certification number; and (D) an indication of whether the injection wells are permanent wells, "direct push" temporary injection wells, or are subsurface distribution systems; and (9) a description of a monitoring plan capable of determining if violations of groundwater quality standards specified in Subchapter 02L result from the injection activity. (d)Ue Notification for Air Injection Wells described in Subparagraph (b)(4)(c)(4) of this Rule shall be submitted to the Director two weeks prior to injection on forms supplied by the Director. Such notification shall include the following: (1) the facility name, address, and location indicated by either: (A) the latitude and longitude with reference datum, position accuracy, and method of collection; or (B) a facility site map with property boundaries; (2) the name, telephone number, and mailing address of legal contact; (3) the ownership of facility as a private individual or or-ganizatien, organization or a federal, state, county, or other public entity; (4) the number of injection wells and their construction details; and (5) the operating status as proposed, active, inactive, temporarily abandoned, or permanently abandoned. (e -)(-Q Permit Applications for all Groundwater Remediation Wells not Permitted by Rule. In addition to the permit requirements set forth in Rule .0211 of this Section, an application for all groundwater remediation wells not permitted by rule shall be submitted, in duplicate, to the Director on forms furnished by the Director and shall include the following: (1) Site Description and Incident Information. The site description and incident information that shall include the following: (A) the name of the well owner or person otherwise legally responsible for the injection wells, mailing address, telephone number, and "'�rc4us-as whether the owner is a federal, state, private, public, or other entity; (B) the name of the property owner, if different from the well owner, physical address, mailing address, and telephone number; Attach. 02 (C) the name, mailing address, telephone number, and geographic coordinates of the facility for which the application is o„l.,v.:*�ia submitted, a brief description of the nature of the business, and the status of the facility (e. a., closed, still operating); (D) a description of the contamination incident including the source, type, cause, and release da4e(s) dates of the contamination; a list of all contaminants in the affected soil or groundwater; the presence and thickness of free product; and the maximum contaminant concentrations detected in the affected soil and groundwater; (E) the state agency responsible for management of the contamination incident, including the incident tracking number, and the incident manager's name and telephone number; and (F) a list of all permits issued for the facility or contamination incident, ineluding: including Hazardous Waste Management program permits or approval under the Resource Conservation and Recovery Act (RCRA), waste disposal permits issued in accordance with G.S. 143-215.1, Sewage Treatment and Disposal Permits issued in accordance with G.S. 130A, and any other environmental permits required by state or federal law. Soils Evaluation (For Systems Treating On -Site Contaminated Groundwater Only). For systems with proposed discharge within seven feet of land surface and above the seasonal high-water table, a soil evaluation of the disposal site shall be provided to the Division by the applicant. If required by G.S. 89F, a soil scientist shall submit this evaluation. If this evaluation is submitted, it shall include the following information: (Note: The North Carolina Board for Licensing of Soil Scientists has determined, via letter dated December 1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing soil science under G.S. 89F.1 Field description of soil profile. Based on examinations of excavation pits or auger borings, the following parameters shall be described by individual horizons to a depth of seven feet below land surface or to bedrock: thickness of the horizon; texture; color and other diagnostic features; structure; internal drainage; depth, thickness, and type of restrictive horizons; pH; cation exchange capacity; and presence or absence of evidence of any seasonal high water table. Applicants shall dig pits when necessary for evaluation of the soils at the site. (B) Recommendations concerning annual and instantaneous loading rates of liquids, solids, other wastewater constituents, and amendments. Annual hydraulic loading rates shall be based on in-situ measurement of saturated hydraulic conductivity in the most restrictive horizon. (2}QJ Injection Zone Determination. The applicant shall specify the horizontal and vertical portion of the injection zone within which the proposed injection activity shall occur based on the hydraulic properties of that portion of the injection zone specified. No violation of groundwater quality standards specified in Subchapter 02L resulting from the injection shall occur outside the specified portion of the injection zone as detected by a monitoring plan approved by the Division. For systems treating on-site contaminated groundwater, computer modeling or predictive calculations based on site-specific conditions shall be provided to demonstrate that operation of the system shall not cause or contribute to the migration of contaminants into previously uncontaminated areas. This prescribed injection zone shall replace the compliance boundary as defined in 15A NCAC 02L .0107. (3) , or licensed soii scienfist shall prepare a hydregeologie evaluation of the facility to a depth that includes the injection zone detemained in aeeer-da-nee A4th S4pafagr-aph (e)(2) of this Rule. The hydfogeolegie deseription shall inelude all of the f llow;A hydrogeologic evaluation of the disposal site to a depth that includes the injection zone determined in accordance with Subpara rg aph (f)(3) of this Rule. If required by G.S. 89E, G.S. 89C, or G.S. 89F, a licensed geologist, professional engineer, or licensed soil scientist shall prepare a hydrogeologic evaluation of the facility. The hydro,geologic evaluation shall include all of the following_ (A) the regional and local geology and hydrogeology; (B) the changes in lithology underlying the facility; (C) the depth to bedrock; (D) the depth to the mean seasonal high-water table; (E) the hydraulic conductivity, transmissivity, and sterativiVy, storativi of the injection zone based on tests of site-specific material, including a description of the test(s) tests used to determine these parameters; (F) the rate and direction of groundwater flow as determined by predictive calculations or computer modeling; and (G) the lithostratigraphic and hydrostratigraphic logs of test and injection wells. (4)� Area of Review. The area of review shall be calculated using the procedure for determining the zone of endangering influence specified in 40 CFR 146.6(a). The applicant ffms shall identify all wells within the area of review that penetrate the injection or confining zone, zone and repair or permanently abandon all wells that are improperly constructed or abandoned. (5)L6) Injectant Information. The applicant shall submit the following information for each proposed injectant: (A) the injectant name and manufacturer, concentration at the point of injection, and percentage if present in a mixture with other injectants; (B) the chemical, physical, biological, or radiological characteristics necessary to evaluate the potential to adversely affect human health or groundwater quality; (C) the source of fluids used to dilute, carry, or otherwise distribute the injectant throughout the injection zone as determined in accordance with Subparagraph (e"�) of this Rule. If any well within the area of review of the injection facility is to be used as the fluid source, then the following information shall be submitted: loeatioP WTD f. mbe ., location or ID number, depth of source, formation,.,.,a, ent rock or sediment type, Attach. 02 and a chemical analysis of the water from the source well, including analyses for all contaminants suspected or historically recognized in soil or groundwater on the site; (D) a description of the rationale for selecting the injectants and concentrations proposed for injection, including an explanation or calculations of how the proposed injectant volumes and concentrations were determined; (E) a description of the reactions between the injectants and the contaminants pr-eser present, including specific breakdown products or intermediate compounds that may be formed by the injection; (F) a summary of results if modeling or testing was performed to investigate the injectant's potential or susceptibility for biological, chemical, or physical change in the subsurface; and (G) an evaluation concerning the development of byproducts of the injection process, including increases in the concentrations of naturally occurring substances. Such an evaluation shall include the identification of the specific byproducts of the injection process, projected concentrations of byproducts, and areas of migration as determined through modeling or other predictive calculations. (6)L7) Injection Procedure. The applicant shall submit a detailed description of the proposed injection procedure that includes the following: (A) the proposed average and maximum daily rate and quantity of injectant; (B) the average maximum injection pressure expressed in units of pounds per square inch (psi); and (C) the total or estimated total volume to be injected. Engineering Planning Documents (For Systems Treating On -Site Contaminated Groundwater Only). If required by G.S. 89C, a professional engineer shall prepare these documents. The following documents shall be provided to the Division b. the he applicant: (Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined, via letter dated December 1, 2005, that preparation of engineering design documents pursuant to this Paragraph constitutes practicing engineering under G.S. 89C.1 (A) engineering plans for the entire system, including treatment, storage, application, and disposal facilities and equipment, except those previously permitted unless they are directly tied into the new units or are critical to the understanding of the complete process; (B,) specifications describing materials to be used, methods of construction, and means for ensuringquality quality and integrity of the entire groundwater remediation system; plans that include construction details of recovery, injection, and monitoring wells and infiltration galleries; operating plans that include: (i) the operating schedule including anyperiodic shut -down times, (ii) required maintenance activities for all structural and mechanical elements, (iii) a list of all consumable and waste materials with their intended source and disposal locations, (iv) restrictions on access to the site and equipment, and (v) provisions to ensure the quality of the treated effluent and hydraulic control of the system at all times when any portion of the system ceases to function (e.g. standby power capabilityy, complete system -off status, or duplicity of system components). (-7)L9) Fracturing Plan. If hydraulic or pneumatic fracturing is proposed, then the applicant shall submit a detailed description of the fracturing plan that includes the following: (A) Material Safety Data Sheets of fracturing media including information on any proppants used; (B) a map of fracturing well locations -o'er indicating the known extent of groundwater contamination phis and all buildings, wells, septic systems, underground storage tanks, and underground utilities located within the Area of Review as described in Subparagraph (e" fG55) of this Rule; (C) a demonstration that the fracturing process shall not result in the fracturing of anany confining units or otherwise cause or contribute to the migration of contamination into uncontaminated areas, or otherwise cause damage to buildings, wells, septic systems, underground storage tanks, and underground utilities will not be adverse! affected by the fracturingprocess; utilities; (D) the injection rate and volume; (E) the orientation of bedding planes, joints, and fracture sets of the fracture zone; (F) a performance monitoring plan for determining the fracture well radius of influence; and (G) if conducted, the results of geophysical testing or a pilot demonstration of fracture behavior conducted in an uncontaminated area of the site. (4)h Injection well construction details including: (A) the number and depth of injection wells; (B) the number and depth of borings if using multi-level or "nested" well systems; (C) an indication whether the injection wells are existing or proposed; (D) the depth and type of casing; (E) the depth and type of screen material; (F) the depth and type of grout; (G) an indication whether the injection wells are permanent or temporary "direct push" points; and (H) the plans and specifications of the surface and subsurface construction details of each injection well or well system. (9)(LIJ Monitoring Wells. Monitoring wells shall be of sufficient quantity and location as dete -m fined by the D -eeto - so as to detect any movement of injection fluids, injection process bypreduets byproducts, or formation fluids outside the injection zone as determined by the applicant in accordance with Subparagraph �,�pf tu2ule. The monitoring schedule shall be consistent with the proposed injection schedule, the pace of the anticipated reactions, and the rate of transport of the injectants and contaminants. The applicant shall submit a monitoring plan that includes the following: (A) the target contaminants p s and the secondary or intermediate contaminants that may result from the injection; (B) the other parameters that may serve to indicate the progress of the intended reactions; (C) a list of existing and proposed monitoring wells to be used; and (D) a sampling schedule to menite for monitoring the proposed injection. ("(12) Well Data Tabulation. A tabulation of data on all existing or abandoned wells within the area of review of the injection ..� wells that penetrate the proposed injection zone, including monitoring wells and wells proposed for use as injection wells. Such data shall include a description of each well's type, depth, record of abandonment or completion, and any additional information the Director may require. require to ensure compliance with G.S. 87-84. (M(13) Maps and Cross-Sections. Scaled, site-specific site plans or maps depicting the location, orientation, and relationship of facility components including the following: (A) an area map based on the most recent USGS 7.5' topographic map of the area, at a scale of 1:24,000 and showing the location of the proposed injection site; (B) topographic contour intervals showing all facility related structures, property boundaries, streams, springs, lakes, ponds, and other surface drainage features; (C) all existing or abandoned wells within the area of review of the injection well(s), wells listed in the tabulation required in Subparagraph (e)("12of this Rttl , Rule that penetrate the proposed injection zone, includingi including water supply wells, monitoring wells, and wells proposed for use as injection wells; (D) potentiometric surface map(s) maps that show the direction of groundwater movement, movement and existing and proposed wells; (E) contaminant plume map(s) maps with isoconcentration lines that show the horizontal extent of the contaminant plume in soil and gretmdwater, ,groundwater and existing and proposed wells; (F) seed,.(() cross-sections to the known or projected depth of contamination that show the horizontal and vertical extent of the contaminant plume in soil and groundwater, major changes in lithology, and existing and proposed wells; and (G) any existing sources of potential or known groundwater contamination, including waste storage, treatment, or disposal systems systems, within the area of review of the injection well or well system. 024JL4) Sueh other- infer-ffm4ion as deemed neeessafy by the dir-eeter- for- the pr-ateefien of human health a-ad the etwir-onmen Any other information necessary for the Department to ensure compliance with G.S. 87-84. (O(g) Injection Volumes. The Director may establish maximum injection volumes and pressures necessary to ensure compliance with G.S. 87-84 and assure that: (1) fractures are not initiated in the confining zone of the injection zone determined in accordance with Subparagraph (e)(2-)Cf)(3) of this Rule; (2) injected fluids do not migrate outside the injection zone or area; and (3) injected fluids and fractures do not cause or contribute to the migration of contamination into uncontaminated meas; and areas. (4) there is eemplianeewith operating requirements. fg) Well Construction. (1) Wells shall not be located where: (A) surface water or runoff will accumulate around the well due to depressions, drainage ways, or other landscapes that will mate divert water aretm to the well; (B) a person would be required to enter confined spaces to perform sampling and inspection activities; and (C) injectants or formation fluids would migrate outside the approved injection zone as determined by the applicant in accordance with Subparagraph (e)(2-)f1U3) of this Rule. (2) Wells used for hydraulic or pneumatic fracturing shall be located within the extent boundary of known groundwater contamination but no closer than 75 feet to this boundary unless it can be demonstrated to the satin f etion of the Pir-eeter that a lesser separation distance will not adversely affect human health or cause a violation of a groundwater quality standard as specified in Subchapter 02L, such as through the use of directional fracturing. (3) The methods and materials used in construction shall not threaten the physical and mechanical integrity of the well during its li f .;rine a-ad shall be eempatiblewith the proposed : ee fi .fi aetivities. lifetime. (4) The well shall be constructed in such a manner that surface water or contaminants from the land surface cannot migrate along the borehole annulus either during or after construction. (5) The borehole shall not penetrate to a depth greater than the depth at which injection will occur unless the purpose of the borehole is the investigation of the geophysical and geochemical characteristics of an aquifer. Following completion of the investigation the borehole beneath the zone of injection shall be grouted completely to prevent the migration of any contaminants. (6) For "direct-push" temporary injection wells constructed without permanent or temporary casing, injection and well abandonment activities shall be conducted within the same working day as when the borehole is constructed. (7) Drilling fluids and additives shall contain only potable water and may be comprised of one or more of the following: (A) the formation material encountered during drilling; and (B) materials manufactured specifically for the purpose of borehole conditioning or well conswdetien; a construction. Attach. O 2 {�}materials approved by the Director-, based on a demonstration of not a&er-sely aff-ecting hunian health o gretmdwater quality. (8) Only allowable grout listed under Rule .0107 of this Subchapter shall be used with the exception tha used; however, bentonite grout shall not be used: (A) to seal zones of water with a chloride concentration of 1,500 milligrams per liter or greater as determined by tests conducted at the time of construction, or (B) in areas of the State subject to saltwater intrusion that may expose the grout to water with a chloride concentration of 1,500 milligrams per liter or greater at any time during the life of the well. (9) The annular space between the borehole and casing shall be grouted: (A) with a grout that is non-reactive with the casing or screen materials, the formation, or the injectant; (B) from the top of the gravel pack to land surface and in such a way that there is no interconnection of aquifers or zones having differences in water quality that would result in the degradation of the groundwater quality of any aquifer or zone; and (C) so that the grout extends outward from the casing wall to a mini thickness equal to either one-third of the diameter of the outside dimension of the casing or two inches, whichever is greater; but in no case shall a well be required to have an annular grout seal thickness greater than four inches. (10) Grout shall be emplaced around the casing by one of the following methods: (A) Pressure. Grout shall be pumped or forced under pressure through the bottom of the casing until it fills the annular space around the casing and overflows at the surface; (B) Pumping. Grout shall be pumped into place through a hose or pipe extended to the bottom of the annular space which can be raised as the grout is applied. The grout hose or pipe shall remain submerged in grout during the entire application; or (C) Other. Grout may be emplaced in the annular space by gravity flow in such a way to ensure complete filling of the space. Gravity flow shall not be used if water or any visible obstruction is present in the annular space at the time of grouting. (11) All grout mixtures shall be prepared prior to emplacement per the manufacturer's directions with the exception that bentonite chips or pellets may be emplaced by gravity flow if water is present or otherwise hydrated in place. (12) If an outer casing is installed, it shall be grouted by either the pumping or pressure method. (13) The well shall be grouted within seven days after the casing is set or before the drilling equipment leaves the site, whichever occurs first. If the well penetrates any water -bearing zone that contains contaminated or saline water, the well shall be grouted within one day after the casingis s set. (14) No additives that will accelerate the process of hydration shall be used in grout for thermoplastic well casing. (15) A casing shall be installed that extends from at least 12 inches above land surface to the top of the injection zone. (16) Wells with casing extending less than 12 inches above land surface and wells without casing may be approved by the Director only when one of the following conditions is met: (A) site specific conditions directly related to business activities, such as vehicle traffic, would endanger the physical integrity of the well; or (B) it is not operationally feasible for the well head to be completed 12 inches above land surface due to the engineering design requirements of the system. (17) Multi -screened wells shall not connect aquifers or zones having differences in water quality which would result in a degradation of the groundwater quality of any aquifer or zone. (18) Prior to removing the equipment from the site, the top of the casing shall be sealed with a water -tight cap or well seal, as defined in G.S. 87-85, to preclude contaminants from entering the well. (19) Packing materials for gravel and sand packed wells shall be: (A) composed of quartz, granite, or other hard, non-reactive rock material; (B) clean, of uniform size, water -washed and free from clay, silt, or other deleterious materia'; and toxic materials; (C) disinfected prior to subsurface emplacement; (D) emplaced such that it shaII will not connect aquifers or zones having differences in water quality that would result in the deterioration of the water "alifies ua alitX in any aquifer or zone; and (E) evenly distributed around the screen and shall extend to a depth at least one foot above the top of the screen. A minifi+u one foot thick orrg eater seal comprised of bentonite clay clay, ^r- ather- sealing materia' aper^• ^a '�-�y-the Pir-ecte shall be emplaced directly above and in contact with the packing material. (20) All permanent injection wells shall have a well identification plate that meets the criteria specified in Rule .0107 of this Subchapter. (21) A hose bibb, sampling tap, or other collection equipment approved by the Dirge*^r shall be installed on the line entering the injection well such that a sample of the injectant can be obtained immediately prior to its entering the injection well. (22) If applicable, all piping, wiring, and vents shall enter the well through the top of the casing unless other -wise wise aper ^a 1,.�y-the or it is based on a design demonstrated to preclude surficial contaminants from entering the well. (23) The well head shall be completed in such a manner se as to preclude surficial contaminants from entering the we -14 well, and well head protection shall include: (A) an accessible external sanitary seal installed around the casing and grouting; and (B) a water -tight cap or seal compatible with the casing and installed so that it cannot be removed without the use of hand or power tools. Attach. 02 (24) For subs f ce distr bi tion systems the following shall., ply for systems designed to be constmeted within seven feet of the land surface and above the seasonal high l�'�l wa4er- table, the distribt4ion system design volume, injeetion valtifne, and injeetion ra4e shall be based an the hydra+ilie eonduetivity of the geologic material having the lowest permeability as deteffnined by in situ er l.al.e fatefy rest ffiet .eds; a -a the la*d suffaee difeetly above all systems shall be eevered with pavement or- eempaeted soil or other suitable Cn7 distribu4efi system. {r}( Mechanical Integrity. All permanent injection wells require tests shall be tested for mechanical integrity, which shall be conducted in accordance with Rule .0207 of this Section. (i)W Operation and Maintenance. (1) Unless permitted by this rule, pressure at the well head shall be limited to a maximum .e that will ensure that the pressure in the injection zone does not initiate new fractures or propagate existing fractures in the injection zone, initiate fractures in the confining zone, or cause the migration of injected or formation fluids outside the injection zone or area. (2) Injection between the outermost casing and the well borehole is prohibited. (3) , as well as pr-ateefien The well owner shall monitor the operating processes at the well head and shall protect the well head against damage during construction and use. ( Monitoring. (1) Monitoring of the injection well may be required by the Director to protect groundwaters of the State. (A) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. (B) Analysis of the physical, chemical, biological, or radiological characteristics of the injectant shall be made monthly or more frequently, as approved by the Director, in order to provide representative data for characterization of the injectant. (C) Monitoring of injection pressure, flow rate, and cumulative volume shall occur according to a schedule determined necessary by the Director. (D) Monitoring wells associated with the injection site shall be monitored quarterly or on a schedule determined by the Director to detect any migration of injected fluids from the injection zone. (2) In determining the type, density, frequency, and scope of monitoring, the Director shall consider the following: (A) physical and chemical characteristics of the injection zone; (B) physical and chemical characteristics of the injected fluid(s); fluids; (C) volume and rate of discharge of the injected " fluids; (D) compatibility of the injected fluid(s) fluids with the formation fluid(s);fluids; (E) the number, type type, and location of all wells, mines, surface bodies of water, and structures within the area of review; (F) proposed injection procedures; (G) expected changes in pressure, formation fluid displacement, and direction of movement of injected fluid; (H) proposals of corrective action to be taken in the event that a failure in any phase of injection operations that renders the groundwaters unsuitable for their best intended usage as defined in Rule .0202 of Subchapter 02L; and (I) the life expectancy of the injection operations. (3) Monitoring wells completed in the injection zone and any of those zones adjacent to the injection zone maybe affected by the injection operations. If affected, the Director may require additional monitor wells located to detect any movement of injection fluids, injection process byproducts, or formation fluids outside the injection zone as determined by the applicant in accordance with Subparagraph (e)(2) f�(33) of this Rule. If the operation is affected by subsidence or catastrophic collapse, the any other required monitoring wells shall be located so that they will not be physically affected and shall be of an adequate number to detect movement of injected fluids, process byproducts, or formation fluids outside the injection zone or area. In determining the number, location and spacing of monitoring wells, the following criteria shall be considered by the Director: (A) the population relying on the groundwater resource affected, or potentially affected, by the injection operation; (B) the proximity of the injection operation to points of withdrawal of groundwater; (C) the local geology and hydrology; (D) the operating pressures; (E) the chemical characteristics and volume of the injected fluid, formation water, and process byproducts; and (F) the densi number of existing injection wells. W(D Reporting. (1) For all injection wells, the well owner shall be responsible for submitting to the Director on forms furnished by the Director, or on an alternate approved form that provides the same information: (A) a record of the construction, abandonment, or repairs of the injection well within 30 days of completion of the specified activities; and (B) the Injection Event Record within 30 days of completing each injma injection. (2) For injection wells requiring an individual permit, the following shall apply: Attach. 02 (A) The well owner shall be responsible for submitting to the Director on forms furnished by the Director or on an alternate approved form, hydraulic or pneumatic fracturing performance monitoring results; (B) All sampling results shall be reported 1,y the well to the Division "ai4er-1 annually or an a at another frequency determined by the Director based on the reaction rates, injection rates, likelihood of secondary impacts, and site-specific hydrogeologic information; and (C) A Final Project Evaluation report shall be submitted within nine months after completing all injection -related activities associated with the permit or preduee submit a project interim evaluation before submitting a renewal application for the permit. This document shall assess the injection projects findings in a written summary. The final project evaluation shall also contain monitoring well sampling data, contaminant plume maps maps, and potentiometric surface maps. maps; and For groundwater remediation injection permits, each monitoring_ report shall include a summary identifying any detectable contaminant degradation breakdown products, and a table with historical laboratory analytical results. The table shall indicate any exceedances of groundwater standards per 15A NCAC 02L .0202, and shall distinguish data collected prior to injection from data collected after injection. (m) Application and Annual Fees (For Systems Treating On -Site Contaminated Groundwater Only) (1) Application Fee. For every application for a new or major modification of a permit under this Rule, a nonrefundable application processing fee in the amount provided in G.S. 143-215.3D shall be submitted to the Division by the applicant at the time of application. Modification fees shall be based on the annual fee for the facility. Annual Fees. An annual fee for administering and compliance monitoring shall be charged in each year of the term of every renewable permit per the schedule in G.S. 143-215.3D(a). Annual fees shall be paid for any facilityoperating on an expired permit that has not been rescinded or revoked by the Division. Permittees shall be billed annually b the Division. A change in the facility, which changes the annual fee, shall result in the revised annual fee beingbilled effective with the next anniversary (3) Failure to pay an annual fee within 30 days after being billed may be cause for the Division to revoke the permit upon 60 days notice. History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.IA; 143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(x)(20); Eff. May 1, 2912. 2012; Readopted Eff. <date>. 15A NCAC 02C.0226 SALINITY BARRIER WELLS Salinity Barrier Wells Wells, which inject uncontaminated water into an aquifer to prevent the intrusion of salt water into the fresh water. The water, shall meet the requirements for Salmi.. Baffier Wells shall be the same as i -n- of Rule .0219 of this Sectio Section, except that the Director may impose additional requirements to ensure compliance with G.S. 87-84. for the protection ^F1,,,.,.,^„ ho^'*' and the environment based on site specific oriteria, existing or projected environmental impacts, compliance with the provisions of rules of this Section, or the compliance history of the facility owner. History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.IA; 143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(x)(20); Eff. May 1, 2912. 2012; Readopted Eff. <date>. 15A NCAC 02C.0227 STORMWATER DRAINAGE WELLS SYSTEMS (a) Stormwater Drainage Wells Systems means well systems that receive the flow of water that results from precipitation occurring immediately following rainfall or a snowmelt event. (b) The following Stormwater Drainage Wells Systems are shall be permitted by rule pursuant to Rule .0217 of this Section: (1) systems designed in accordance with stormwater controls required by federal laws and regulations, state statutes and rules, or local eentFels controls; ^,1,.p.0,1 ^ i^+^r* • ith these f de f l osta4e ro ^ oand (2) rower infiltration systems systems, which receive stormwater from roof -tops. (c) Nothing in this Rule shall be construed as to allow untreated stormwater to be emplaeed infected directly into any aquifer or to otherwise result in the violation of any groundwater quality standard as specified in Subchapter 02L. (d) Reporting. Within 30 days of a change of status of the well, well drainage system, the ev,%e . ape -a4e . owner or operator shall provide submit the following :ter information to the Division: (1) facility name, address, and location indicated by either: (A) latitude and longitude with reference datum, position accuracy, and method of collection; or (B) a facility site map with indicating property boundaries; (2) name, telephone number, and mailing address of legal contact; owner oroperator; (3) ownership of facility as a private individual or organization, or a federal, state, county, or other public entity; (4) number of injection wells; wells drainage and collection systems, and (5) well injection system status as proposed, active, inactive, temporarily abandoned, or permanently abandoned. History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.IA; 143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(a)(20); Eff. May 1, 2012. ! 12; Attach. 02 Readopted Eff. <date>. 15A NCAC 02C.0228 SUBSIDENCE CONTROL WELLS Subsidence Gentfel Wells ar-eused to iujeet uneefftafnina4ed fluids [te r-eduee er- elifninate subsidenee asseeimed with ever -dr -aft efff water or othef aetivities not r-ela4ed to oil er na4ufal gas pfeduetion. The fequir-emeffts fer- Subsidenee Centre! Wells shall be the same as desefibed in Rule .0219 of this Seefien exeept that the Difeeter- ffhty impose additional requifements fef the pFeteetiaff ef htffnan health and the eavir-eament based an site speeifW ffitefia, eXiStifig OF PfOje6ted efWifafffneutal impaets, eamplianee with the pr-evis of the Pules of this Seetion of the eemplianee i istefy of the f eilit ° e ^ Subsidence Control Wells, which are used to inject uncontaminated fluids to reduce or eliminate subsidence associated with overdraft of fresh water or other activities not related to oil or natural gas production, shall meet the requirements of Rule .0219 of this Section, except that the Director may impose additional requirements to ensure compliance with G.S. 87-84. History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.1A; 143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(a)(20); Eff. May 1, 2012. 2012; Readopted Eff. <date>. 15A NCAC 02C.0229 TRACER WELLS Tr-aeer- Wells shall be the same as desefibed in Rule .0225 of this Seetion exeept that the Pir-eetar- may impose additional r-equir-emen for the protection of hurnan health and the environment based on site specific oriteria, existing or- projected environmental , compliance wi I I . . . �s of the rules of this Section, or the compliance history of the facility ovmen Tracer Wells, which are used to inject substances for determininghydrogeologic properties of aquifers, shall meet the requirements of Rule .0225 of this Section except, that the Director may pose additional requirements to ensure compliance with G.S. 87-84. History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.IA; 143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(x)(20); Eff. May 1, 2012. 2012; Readopted Eff. <date>. 15A NCAC 02C.0230 OTHER WELLS Rule requ rements f r Other Wells shall be evaluated and *mated as of the injection well hm^s meet the requirements of that injection well type described in Rule .0209(5)(b) of this Section that the Direeter determines most closely resembles the equivale proposed Other Well's hydrogeologic complexity and potential to adversely affect groundwater quality. The Director may impose additional requirements to ensure compliance with G.S. 87-84. for the protection of human 'hely' and the environment loop^a on site specific oriteria, existing or projected environmental impacts, compliance with the provisions of the rules of this Section, or the complian history of the facility owner. The Director- may permit by rule the emplacement or discharge of a fluid or solid into the subsurface any aetivity thp meets the definition of an "injeetion well" that the Pireeter- deter-naines not to have the -potential to a&er-sely affeet graundwa4er- quality and does not fall under- ather- mies in this Seetion. History Note: Authority G.S. 87-87; 87-88; 87-90; 87-94; 87-95; 89E-13; 89E-18; 143-211; 143-214.2(b); 143-215.IA; 143-215.3(a)(1); 143-215.3(c); 150B-19(4); 40 CFR Part 144.52(a)(7); 40 CFR Part 145.11(x)(20); Eff. May 1, 2012. 2012; Readopted Ef.<date>. 15A NCAC 02C.0240 ABANDONMENT AND CHANGE -OF -STATUS OF INJECTION WELLS AND SYSTEMS (a) The well(s) Injection wells and injection well systems shall be abandoned by the well owner in accordance with one of the following procedures or other alternatives approved by the Director that ensures compliance with G.S. 87-84: based on ^ demonstration of not a&er-sely affeeting hufflan health or- the environment: (1) Dr -deed fes for- *^.. per -aril ,or- ^ efftly abandoning • e Wells other than closed-loop geothermal wells shall be temporarily or permanently abandoned as required by the same as aeser-ib^a : Rule .0113 of this Subchapter. (2) For- temper-a-ily abandoning ^ elesed loop Closed -loon geothermal well, the w+' ^ well wells that are temporarily abandoned shall be maintained whereby is so that they are not a source or channel of contamination during the period of abandonment. (3) Procedures for ^ ently abandoning closed loop Closed -loon geothermal wells shall be permanently abandoned as follows: (A) all casing, tubingtubing, or ping, pining and associated materials shall be removed prior to initiationf abandonment procedures if such removal will not cause or contribute to contamination of groundwater; (B) the boring shall be filled from bottom to top with grout through a hose or pipe whic that extends to the bottom of the well and is raised as the well is filled; (C) for tubing with an inner diameter of one-half inch or greater, the entire vertical length of the inner tubing shall be grouted; (D) for tubing with an inner diameter less than one-half ineh-,, inch the t+ibing shall be r-^fi"^a with potable water and eapped or- sealed at a depth net less than two feet below !and suffaee in the event that the inner- tubing Attach. 02 that cannot feasibly be greuAec; grouted, the tubing shall be refilled with potable water and capped or sealed at a depth not less than two feet below land surface; and (E) any protective or surface casing not grouted in accordance with the requirements set forth in this Section shall be removed and the well shall be grouted in accordance with the requirements set forth in this Section. (4) in these eases When, ao uh of the ee fi a eefa4:ons, If a subsurface cavity has been er-eated, created as a result of the injection operations, the well shall be abandoned in such a manner that will prevent the movement of fluids into or between aquifers and in accordance with the terms and conditions of the permit. (b)Aqy well whieh An injection well that acts as a source or channel of contamination shall be brought into compliance with the standards and criteria of these rules, repaired, or permanently abandoned. Repair or permanent abandonment shall be completed within 15 days of the discovery of the violation.. noncompliance. (c) Exploratory or test wells, constructed for the purposes of obtaining information regarding an injection well site, shall be permanently abandoned in accordance with Rule .0113 of this Subchapter within two days after drilling or two days after testing is complete, whichever is less restrictive. later. An exception would be whe However, if a test well is being converted to a permanent injection well, ,.tee this conversion shall be completed within 30 days: days after drilling. (d) An injection well shall be permanently abandoned by the drilling contractor before removing his equipment from the site if the well casing has not been installed or has been removed from the well bore. (e) The well owner is responsible for permanent abandonment of a well except that: when the well contractor- is -esp nsible due t o leea4ion, eefistnaetien,repair-, (11,) the well contractor is responsible for well abandonment if abandonment is required because the well contractor improperly locates, constructs, repairs or completes the well; Q the person who installs, repairs or removes the well pump is responsible for well abandonment if that abandonment is required because of improper well pump installation, repair or removal; or 0 the well contractor (or individual) who conducts a test boringis s responsible for its abandonment at the time the test boringis s completed and has fulfilled its useful purpose. (fl Groundwater remediation systems that include infiltration galleries shall be abandoned as follows: r (11,) 30 days prior to initiation of closure of a groundwater remediation system, the permittee shall submit the following documentation to the Division: the reasons for closure, (B,) a letter from the oversight agency authorizing closure of the system, and a description of the proposed closure procedure. The infiltrationag llery shall be closed such that it: will be rendered permanently unusable for the disposal of fluids, and will not serve as a source or channel of contamination. Within 30 days following upon completion of the closure, the permittee shall submit the following documentation to the Division: a description of the completed closure procedure; the dates of all actions taken relative to the procedure; and a written certification a by North Carolina licensed engineer or geologist that the closure has been accomplished, and that the information submitted is complete, factual and accurate. History Note: Authority G.S. 87-87; 87-88; 143-211; 143-215.IA; 143-215.3(a)(1); 143-215.3(c); Eff. May 1, 2812. 2012; Readopted Eff. <date>. 15A NCAC 02C.0241 VARIANCE (a) The Director may grant a variance from any construction or operation standards under the rules of this Section. Any variance shall be in writing by the person responsible for construction of the well for which the variance is sought. The Director shall grant the variance if the Di -eete - finds f ets to s eA the following a elusia ,s: if: (1) that the use of the well will not endanger human health and welfare or the groundwater; and (2) that construction or operation in accordance with the standards was is not technically feasible or the proposed construction provides equal or better protection of the groundwater. (b) The Director may require the variance applicant to submit such information as the r.. -eete - dooms necessary to make a decision to grant or deny the variance. The Director may impose such conditions on a variance or the use of a well for which a variance is granted as the Director- deems and is necessary to ensure compliance with G.S. 87-84. protecthuman health and .elf e and the groundwater resources The fist facts supporting any variance under this rule shall be in writing and made part of the variance. (c) The Director shall respond in writing to a request for a variance within 30 days €rens the after receipt of the variance request. (d) For variances requested as a part of a permit application, the Director may include approval as a permit condition. (e) A variance applicant who is dissatisfied with the decision of the Director may commence a contested case by filing a petition under G.S. 150B-23 within 60 days after receipt of the decision. History Note: Authority G.S. 87-87(4); 87-88; 143-215.1A; 143-215.3(a)(4); 150B-23; Eff. May 1, 2012. 2012; Readopted Eff. <date>. Attach. 02 15A NCAC 02C.0242 DELEGATION (READOPTION WITHOUT SUBSTANTIVE CHANGES) SECTION .0300 - PERMITTING AND INSPECTION OF PRIVATE DRINKING WATER WELLS 15A NCAC 02C.0301 SCOPE AND PURPOSE (a) The purpose of the rules of this Section is to set out standards for permitting and inspection of private drinking water wells as defined in G.S 87-85 by local health departments pursuant to G.S. 87-97. (b) The rules of 15A NCAC 02C .0100 are applicable to private drinking water wells. In addition to the provisions in 15A NCAC 02C .0100, the following shall apply: (1) The well owner shall not place potential Potential sources of groundwater contamination shall not be located closer to the well than the separation distances specified in 15A NCAC 02C .0107(a)(2) or .0107(a)(3), as applicable; (2) In addition to the provisions in 15A NCAC 02C .0109 PUMPS AND PUMPING EQUIPMENT, the builder, well contractor, pump installer, or homeowner, as applicable, shall provide assistance when necessary to gain access for inspection of the well, pumps, and pumping equipment; and (3) In addition to the requirements of 15A NCAC 02C .0113 ABANDONMENT OF WELLS, any well which acts as a source or channel of contamination shall be repaired or permanently abandoned within 30 days of receipt of notice from the local health department. The per -son abandoning the well shall provide a fniniffvam 24 houf nefiee to the loeal History Note: Authority G.S. 87-87; 87-97; Eff. July 1, 2008; Readopted Eff. 15A NCAC 02C.0302 DEFINITIONS The definitions in G.S. 87-85 and 15A NCAC 02C .0102 apply throughout this Section. In addition, the following definitions apply throughout this Section: "Abandonment Permit" means a well abandonment permit issued by the local health department authorizing or allowing the permanent abandonment of any private drinking water well as defined in the rules of this Section. O "Addition" means any straetwe thA is eeastpaeted, altered or- plaeed on pr-epeAy that eefftains one or- more wells. This would not inelude r-eplaeemefit of existing equipmefft within the existing feetprifft of a stpaetufe and addresses on! these situations f whieh ., building p .mit :r-equir-ed. (2) 'Board of Health" means the County Board of Health or successor entity. (3) "Certificate of Completion" means a certification by the Depai4me local health department that a private drinking water well has been constructed or repaired in compliance with the construction permit or repair permit. (4) "Construction of wells" means all acts necessary to construct wells for any intended purpose or use, including the location and excavation of the well, placement of casings, screens and fittings, development and testing. (5) "Construction permit" means a well construction permit issued by the Department local health department authorizing or allowing the construction of any private drinking water well as defined in the rules of this Section. (6) pufposes of any ne6ees r-equir-ed pufsuaw to the vales of this Seetion, natiee shall be mailed to "Division of Re S6luEgn� Service Center,Raleigh,AC 27699 1642. "Known source of release of contamination" means a location where any of the following activities, facilities, or conditions have been documented by the Department of Environmental Quality or a local health department: (a) Groundwater contamination incidents arising from agricultural operations, including application of agricultural chemicals pursuant to 15A NCAC 02L; (b) Groundwater contamination associated with the construction or operation of injection, monitoring, and other wells subject to permitting under the Well Construction Act (G.S. 87-88) and this Subchapter; (c) Groundwater contamination associated with the operation of non- discharge, discharge (NPDES•) facilities, land application of animal waste, and other activities subject to permitting under G.S. 143-215.1; (d) Releases of hazardous waste or constituents that currently exceed the Groundwater Quality Standards listed T in 15A NCAC 02 Lat facilities governed under G.S. 130A-294; (e) Dry -Cleaning Solvent Cleanup sites regulated under G.S. 143-215.104; (fl Pre -regulatory landfills and Inactive hazardous substance or waste disposal sites governed under the Inactive Hazardous Sites Act of 1987 (G.S. 130A-310 et seq); (g) Solid waste facilities subject to 15A NCAC 13B that have monitoring wells with exceedances of the Groundwater Protection Standards as defined in 15A NCAC 13A .1634(8) and (h); (h) Releases of petroleum and hazardous substances subject to G.S. 143-215.75 through 215.98; (i) Sites that fall within the authority of the Brownfields Program as defined by G.S. 130A, Article 9 Part 5; (i) Contamination associated with pollution sources in soils or other sites known or suspected to have exceeded the Groundwater Quality Standards listed in 15A NCAC 02L; or (k) Contamination known to the local health department through experience with the property, surrounding properties or information provided b.. t�pplicant. (7) "Local Health Department" means the authorized agent of the county or district health g6nfor it cessor. (8) "Person" means all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized or existing under the laws of this State or any other state or country. (9) "Plat" means a property survey prepared by a registered land surveyor, drawn to a scale of one inch equals no more than 60 feet, that includes: the specific location of all structures and proposed structures and appurtenances, including but not limited to decks, porches, pools, driveways, out buildings, existing and proposed wastewater systems, existing and proposed wells, springs, water lines, surface waters or designated wetlands, easements, including utility easements, and existing or proposed chemical or petroleum storage tanks above or below ground. "Plat" also means, for subdivision lots approved by the local planning authority and recorded with the county register of deeds, a copy of the recorded subdivisions plat that is accompanied by a site plan that is drawn to scale. (10) "Pumps" and "pumping equipment" means any equipment or materials utilized or intended for use in withdrawing or obtaining ground -water including well seals. (11) "Repair" means work involved in deepening, reaming, sealing, installing or changing casing depths, perforating, screening, or cleaning, acidizing or redevelopment of a well excavation, or any other work which results in breaking or opening the well seal. (12) "Repair permit" means a well repair permit issued by the Depaftpaen local health department authorizing or allowing the repair of any private drinking water well as defined in the rules of this Section. (13) "Site plan" means a drawing not necessarily drawn to scale that shows the existing and proposed property lines with dimensions, and the specific location of all structures and proposed structures and appurtenances, including decks, porches, pools, driveways, out buildings, existing and proposed wastewater systems, existing and proposed wells, springs, water lines, surface waters or designated wetlands, easements, including utility easements, and existing or proposed chemical or petroleum storage tanks above or below ground. (14) "Water supply system" means pump and pipe used in connection with or pertaining to the operation of a private drinking water well including pumps, distribution service piping, pressure tanks and fittings. (15) "Well contractor activity" has the same meaning as in G.S. 87-98.2(6). means the construction installation, repair-, (16) "Well Contractor" means any person in trade or business who undertakes to perform a well contractor activity or who undertakes to personally supervise or personally manage the performance of a well contractor activity on the person's own behalf or for any person, firm, or corporation in accordance with the well contractor certification requirements of 15A NCAC 27. (17) "Well seal" means an approved arrangement or device used to cap a well or to establish and maintain a junction between the casing or curbing of a well and the piping or equipment installed therein, the purpose or function of which is to prevent pollutants from entering the well at the upper terminal. History Note: Authority G.S. 87-87; 87-97,- Eff. 7-97;Eff. July 1, 2008; Readopted Eff. 15A NCAC 02C.0303 APPLICATION FOR CONSTRUCTION PERMIT An application for a permit to construct, repair, or abandon a private drinking water well shall be submitted to the local health department for the county where the well is to be located by a property owner or the property owner's agent. The application shall include: (1) Name, address and phone number of the proposed well property owner or owner's agent; (2) Signature of owner or agent; (3) Address and parcel identification number of the property where the proposed well is to be located; (4) A plat or site plan as defined in the rules of this Section; (5) Intended use(s) of the property; (6) Other information deemed necessary by the Departme local health department to determine the location of the property and any site characteristics such as existing or permitted sewage disposal systems, easements or rights of way, existing wells or springs, surface water or designated wetlands, chemical or petroleum storage tanks, landfills, waste storage, known source of contamination release and any other characteristics or activities on the property or adjacent properties that could impact groundwater quality or suitability of the site for well construction; (7) Any current or pending restrictions regarding groundwater use as specified in G.S. 87-88(a); and (8) Any variances regarding well construction or location issued under 15A NCAC 02C .0118. History Note: Authority G.S. 87-87; 87-97,- Eff. 7-97;Eff. July 1, 2008; Readopted Eff. 15A NCAC 02C.0304 PERMITTING (a) No person shall construct a private drinking water well without first obtaining a well construction permit from the Depa#merft local health department. No person shall repair a private drinking water well without first obtaining a well repair permit except a well repair permit is not required for maintenance or pump repair or replacement. Disinfection in accordance with 15A NCAC 02C .0113 is a maintenance activity that does not require a repair permit. No person shall permanently abandon a private drinking water well without first obtaining a well abandonment permit from the Depai4mei}t local health department. Attach. 02 (b) Before issuing a well construction permit, the Department local health department shall conduct a field investigation to evaluate the topography, landscape position, available space and potential sources of groundwater contamination on or around the site on which a private drinking water well is to be located. Furthermore, the Department shall conduct a search of DEQ's published inventories to determine whether the proposed well site is located within 1,000 feet of a known source of release of contamination. The Depa4mex4 local health department shall issue a private water well construction permit after determining the site can be permitted for a well meeting the rules of this Section. Notwithstanding the above, the Depar4meat local health department shall not issue a construction permit for a well in violation of restrictions regarding groundwater use established pursuant to G.S. 87-88(a). The construction permit shall include a site plan showing the location of potential sources of contamination and area(s) suitable for well construction. The construction permit shall reference documentation from DEQ's published inventories of known releases of contamination within 1,000 feet of the proposed well site, and any known risk of constructing the well related to those findings. The Department local health department shall issue a written notice of denial of a construction permit if it determines a private drinking water well cannot be constructed in compliance with the rules of this Section. The notice of denial shall include reference to specific laws or rules that cannot be met and shall be provided to the applicant. (c) A well constfuctie permit is valid for a period of five years except that the Department local health department may revoke a permit at any time if it determines that there has been a material change in any fact or circumstance upon which the permit is issued. The validity of a well construction permit or a well repair permit is not affected by a change in ownership of the site on which a private drinking water well is proposed to be lesated. located if the proposed well can still be constructed or repaired in the permitted area and in accordance with this Section and 15A NCAC 02C .0100. Well construction permits issued under local well ordinances prior to the effective date of these Rules remain valid for the term of those permits unless those permits are suspended or revoked. The Depaet local health department may suspend or revoke any permits issued upon a determination that the rules of this Section have been violated. (d) If there is an improperly abandoned well(s) on the site, the construction permit shall be conditioned upon repair or abandonment of any improperly abandoned well(s) in accordance with the rules of 15A NCAC 02C.0100. History Note: Authority G.S. 87-87; 87-97; Eff. July 1, 2008; Readopted Eff. 15A NCAC 02C.0305 GROUT INSPECTION AND CERTIFICATION !NSPECTIONS1 rEuTIFIC A TION (a) The well contractor shall contact the local health department to schedule a grout inspection before grouting a private drinking water well. Contact shall include the location, permit number and anticipated time for grouting each private drinking water well and the appointment shall be scheduled by the end of the business day before the grouting is to occur except where the local health department has made provisions for scheduling inspections at night or on the same day of the inspection. (b) Upon completion of a grout inspection, the Department local health department shall provide a written certification on the well permit that a grout inspection was completed and that the grouting is in compliance with the rules of 15A NCAC 02C .0100. When a local health department is unable to conduct a grout inspection within one hour of the scheduled time, the well contractor may grout a well without a grout inspection by the Department local health department. The well contractor shall provide a written certification to the local health department that the well has been grouted in compliance with the rules of 15A NCAC 02C .0100. A completed Well Construction Record form GW-1 indicating the well was grouted in compliance with the rules of this Section shall serve as the well contractor's grout certification. For purposes of issuing a certificate of completion, the well contractor's grout certification shall be accepted by the Depaeat local health department as evidence the grout complies with the rules of this Section if the local health department: (1) was contacted by the well contractor to schedule a grout inspection; (2) was unable to inspect the grouting of the well within one hour following the scheduled time; and (3) upon final inspection, finds no evidence to indicate the well grout does not comply with the rules of this Section. History Note: Authority G.S. 87-87; 87-97; Eff. July 1, 2008; Readopted Eff. 15A NCAC 02C.0306 WELL COMPLETION AND CERTIFICATION (a) After receiving a permit to construct a private drinking water well, the property owner or his agent shall notify the health department prior to well construction if any of the following occur: (1) The separation criteria specified in 15A NCAC 02C .0107 cannot be met; (2) The residence or other structure is located other than indicated on the permit; (3) The use of the structure is changed from the use specified on the permit; (4) The septic system needs to be changed from the location indicated on the permit; (5) Landscaping changes have been made that may affect the integrity of the well; (6) There are current or pending restrictions regarding groundwater use as specified in G.S. 87-88(a); (7) The water source for any well intended for domestic use is adjacent to any water-bearing zone suspected or known to be contaminated; or (8) Any other changes occur in the information provided in the application for the well permit. (b) The well contractor shall maintain a copy of the well construction permep rmit, of repair permt permit, or abandonment permit on the job site at all times during the construction, repair or abandonment of the well. The well contractor shall meet all the conditions of the permit. Attach. 02 (e) Upon completion of construction of a priva4e drinking water well, the DepartmeM shall complete an " location. The well contractor shall submit a copy of Res al Well Construction RecordG( W-1) to the local health department. Upon completion of construction or repair of a private drinking water well for which a permit is required, the Pepa-i4me local health department shall inspect the well and issue a Certificate of Completion that includes an "as built" drawing. Prior to the issuance of a Certificate of Completion, the Pepw4me local health department shall: verify that the well was constructed in the designated area and according to the well construction permit and the rules of this Subchapter. The Depaftme local health department shall inspect the grout around the casing for any settling, inspect the well head after the well seal is in place and ebtaiverify that a well eeastFuefi roc Well Construction Record has been received from the Certified Well Contractor. No person shall place a private drinking water well into service without first having obtained a Certificate of Completion. History Note: Authority G.S. 87-87; 87-97; Eff. July 1, 2008; Readopted Eff. 15A NCAC 02C.0307 WELL DATA AND RECORDS (a) Any person completing, abandoning or repairing any well shall submit a record of the construction, abandonment or repair to the local health department and the Division of Water Qty Resources within 30 days of completion of construction, abandonment or repair. The record shall be on a form provided by the Pepaftment. Department of Environmental Quality. (b) The local health department shall maintain a registry of all permitted private drinking water wells, specifying the well location and the water quality test results until the well is permanently abandoned in accordance with this Subchapter. History Note: Authority G.S. 87-87; 87-97; Eff. July 1, 2008; Readopted Eff. 15A NCAC 02C.0308 APPEAL PROCEDURE Appeals concerning permit decisions or actions by the Depaf4fnea local health department to enforce the rules of this Section shall be conducted according to the procedures established in G.S. 150B, the Administrative Procedure Act. History Note: Authority G.S. 87-87; Eff. July 1, 2008; Readopted Eff. 15A NCAC 02C.0309 WELL ABANDONMENT AND CERTIFICATION (a) The applicant or well contractor shall contact the local health department to provide notification of intent to permanently abandon a private drinking water well. Contact shall include the location, permit number, and anticipated time for abandonment of each private drinking water well and the appointment shall be scheduled by the end of the business day before the abandonment is to occur except where the local health department has made provisions for scheduling inspections at night or on the same day as the inspection. (Upon notification from the well contractor, the local health department may opt to inspect the well abandonment process. The local health department shall inform the well contractor of their availability and intention to inspect the well abandonment after notification as described in Rule .0305(c) of this Section. When a local health department is unable to conduct the abandonment inspection within one hour of the scheduled time, the well contractor may abandon the well without an inspection by the local health department. (c) Upon completion of a permanent well abandonment, the local health department shall provide a written certification on the well abandonment permit, or other local health department form, that a well abandonment inspection was completed and that the abandonment is in compliance with the rules of 15A NCAC 02C .0100. When the local health department opts to not inspect the permanent abandonment process, the well contractor shall provide written certification to the local health department that the well has been abandoned in compliance with the rules of 15A NCAC 02C.0100. A completed Well Abandonment Record form GW-30 indicating the well was abandoned in comDliance with the rules of this Section shall serve as the well contractor's abandonment certification. History Note: Authority G.S. 87-87. Attach. 02 https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting- branch/frequently NC DEQ website, Division of Water Resources, Water Quality Permitting, Buffer and Permitting Branch Frequently Asked Questions Wetland & Stream FAQs What are waters of the State? Waters of the State include any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other body or accumulation of water. They can be surface or underground, public or private, natural or artificial. Finally, they must be contained in, flow through, or border upon any portion of this State (including any portion of the Atlantic Ocean over which the State has jurisdiction). G.S. 143-212(6) What is a stream? A stream is a body of concentrated flowing water in a natural low area or natural channel on the land surface (15A NCAC 02B .0233(2 ). There are three stream types: ephemeral, intermittent, and perennial. Ephemeral streams are features that only carry stormwater in direct response to precipitation. They may have a well-defined channel and they typically lack the biological, hydrological, and physical characteristics commonly associated with intermittent or continuous conveyances of water. These features are typically not regulated by NC DWR or the U.S. Army Corps of Engineers. Intermittent streams have a well-defined channel that contains water for only part of the year (typically during winter and spring). The flow may be heavily supplemented by stormwater. When dry, they typically lack the biological and hydrological characteristics commonly associated with continuous conveyances of water. These features are regulated by NC DWR and typically regulated by the U.S. Army Corps of Engineers. Perennial streams have a well-defined channel that contains water year-round during a year with normal rainfall. Groundwater is the primary source of water, but they also carry stormwater. They exhibit the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. These features are regulated by NC DWR and typically regulated by the U.S. Army Corps of Engineers. Attach. 03 What is the difference between a "modified natural stream" and a "ditch" or "canal"? A modified natural stream means the channelization or relocation of a stream. Consequently, the flow is relocated. They exhibit the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. These features are regulated by NC DWR and are typically regulated by the U.S. Army Corps of Engineers. A ditch or canal means a man-made channel other than a modified natural stream. They are constructed for drainage purposes and typically dug through inter -stream divide areas. They may exhibit hydrological and biological characteristics similar to streams. These features are typically not regulated by NC DWR or the U.S. Army Corps of Engineers. Who determines if a stream is jurisdictional? Division of Water Resources (DWR) determines the presence and location of waters of the State, including streams. The U.S. Army Corps of Engineers determines waters of the U.S. In areas where there are riparian buffer protection programs, other entities may make stream determinations for the buffer rules only (see Buffer FAQS, below). To schedule a ,ream aeterminatioi., please contact our ,-,egional Offices. What does the term "blue -line stream" mean? "Blue -line stream" means that a stream appears as a broken or solid blue line (or a purple line) on a USGS topographic map. Streams do not have to be "blue -line" to be considered waters of the State. Do streams have to be on a map to be regulated? NOH! While topographic maps and soil surveys may be helpful for some streams, a stream does not have to appear on a map to be regulated (see Buffer FAQs, below, for map requirements). What is a wetland? Wetlands are the interfaces between land and water. They are characterized by having hydric soils, hydrophytic plants and wetland hydrology (for more information about wetlands, please :lick here). Wetlands are regulated by NC DWR and the U.S. Army Corps of Engineers. Who determines if a wetland is jurisdictional? The U.S. Army Corps of Engineers determine the presence and location of wetlands that are jurisdictional under Section 404 of the Clean Water Act. Attach. 03 401 Certification & Permit FAQs What is a 404 permit? "404" refers to Section 404 of the Clean Water Act. The U.S. Army Corps of Engineers (USACE) is the federal agency responsible for issuing 404 Permits; these permits are required for the discharge of fill material into streams, wetlands and open waters. For more information about 404 permitting, click here. What is a 401 WQC? "401" refers to Section 401 of the Clean Water Act. The North Carolina Division of Water Resources (DWR) is the state agency responsible for issuing 401 water quality certifications (WQC). When the state issues a 401 certification (which is required for any federally permitted or licensed activity that may result in a discharge to waters of the U.S.), this certifies that a given project will not degrade Waters of the State or violate State water quality standards. When do I need a 401 WQC? A 401 WQC is required for any federally permitted or licensed activity that may result in a discharge to waters of the U.S. Typically, if the USACE determines that a 404 Permit or Section 10 Permit is required because your proposed project involves impacts to wetlands or waters, then a 401 WQC is also required. Examples of activities that may require permits include: • Any disturbance to the bed (bottom) or banks (sides) of a stream. • Any disturbance to a wetland. • The damming of a stream channel to create a pond or lake. • Placement of any material within a stream, wetland or open water, including material that is necessary for construction, culvert installation, causeways, road fills, dams, dikes or artificial islands, property protection, reclamation devices and fill for pipes or utility lines. • Temporary impacts including dewatering of dredged material prior to final disposal and temporary fill for access roads, cofferdams, storage and work areas. How much can I impact? The best practice is to avoid all impacts to streams, wetlands and open waters when possible. Before you start any project that might have impacts, contact your local or representative to determine whether permits are needed. It is essential that when you plan your project, you seek all practical attempts to avoid or minimize impacts to streams, wetlands and open waters. The permitting process is not Attach. 03 automatic — applicants must demonstrate that they have avoided and minimized impacts to the maximum extent practical. Avoid: Has the project been designed to avoid impacts to wetlands, streams and other natural resources? Have alternative options, designs and locations been considered? Minimize: Where project impacts are unavoidable, is the project designed such that the impacts have been minimized? What type of WQC do I need? The USACE determines which type of permit is required. Once the USACE determines which type of permit, there will be a corresponding water quality certification. Most activities fall under one of our aeneral certifications. Attach. 03 40 CFR Ch. 1 (7-1-18 Edition) Section 121.24 §121.24 Certification. If, after considering the complete description, the record of a hearing, if any, held pursuant to §121.23, and such other information and data as the Regional Administrator deems relevant, the Regional Administrator determines that there is reasonable assurance that the proposed activity will not result in a violation of applicable water quality standards, he shall so certify. If the Regional Administrator determines that no water quality standards are applicable to the waters which might be affected by the proposed activity, he shall so notify the applicant and the licensing or permitting agency in writing and shall provide the licensing or permitting agency with advice, suggestions, and recommendations with respect to conditions to be incorporated in any license or permit to achieve compliance with the purpose of this Act. In such case, no certification shall be required. Attach. 04 �/111�1�1• ��er bum -"` a . • ^_�' _ .. -t it y _ _, r �►� �� k� k Ik illy r �+ »1��� • 1 vc'�r M RILL WELL & PUMP CO., INC. ER PENR051E, N.C. 28766 r-: + 0 1 C' _._ `.v�w\ �`�'''��`�a�!i�s t ."'.i � r .k tx, - V ► -' _ _ .` / i Ilk 1`+r •►� is Jar 1 ti. i \ r � ��- lf. •- �t / Yi tip- Ay: ` - ti y AL •\ _ :rye l s:.i ♦ ��� (1 .,, 1 r�/s!'w _ �.-, \ _ 1 _.__ - - �'` ate,• r � - '`_ ., � • iia, • ac � ,, r r 1� � . . r - '� - �. _ '� • 1. ,._' .'�Ctii r �', . �` �' —.. ,. .. United States Effluent Guidelines Division EPA 440/1-841069 Environmental Protection WH•552 December 1984 Agency Washington DC 20460 water .EPA Development Final Document for Effluent Limitations Guidelines and Standards for the Plastics Molding and Forming Point Source Category DEVELOPMENT DOCUMENT f or EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS for. the PLASTICS MOLDING AND FORMING POINT SOURCE CATEGORY William D. Ruckelshaus Administrator Jack E. Ravan Assistant Administrator for Water Edwin L. Johnson Director Office of Water Regulations and Standards Jeffery D. Denit, Director Industrial Technology Division Robert W. Dellinger, Chief Consumer Commodities Branch Industrial Technology Division Robert M. Southworth, P.E. Technical Project Officer December 1984 U.S. Environmental Protection Agency Office of Water Office of Water Regulations and Standards Industrial Technology Division Washington, D.C. 20460 Attach. 07 TABLE OF CONTENTS (Continued) Section Page PRIORITY TOXIC POLLUTANTS. . . . . . . . . . . . 165 List of Pollutants . . . . . . . 165 Exclusion of Pollutants and Subcategories. 166 POLLUTANTS CONSIDERED FOR REGULATION . . . . . . 176 Conventional Pollutants . . . . . . . . . . . . . 176 Nonconventional Pollutants . . . . . . . . . . . 182 Priority Toxic Pollutants. . . . . . . . . . . . 183 MASS OF POLLUTANTS . . . . . . . . . . . . . . . 209 VIII WASTEWATER CONTROL AND TREATMENT TECHNOLOGIES. . 221 INTRODUCTION. . . . . . . . . . . . . . . . . . 221 IN -PLANT CONTROL TECHNOLOGY. . . . . . . . . . . 222 Process Water Recycle . . . . . . . . . . . . . . 222 In -Process Measures . . . . . . . . . . . . . . . 224 END -OF -PIPE TREATMENT TECHNOLOGY . . . . . . . . 226 Settling . . . . . . . . . . . . . . . . . . . . 226 pHAdjustment . . . . . . . . . . . . . . . . . . 228 Activated Sludge . . . . . . . . . . . . . . . . 230 Activated Carbon Adsorption. . . . . . . . . . . 236 Filtration (Suspended Solids Removal). . . . . . 240 Vacuum Filtration (Sludge Dewatering). . . . . . 243 IX COSTS, ENERGY, AND NON -WATER QUALITY ASPECTS . . 247 INTRODUCTION . . . . .247 COST ESTIMATES FOR TREATMENT TECHNOLOGIES. 247 Sources of Cost Data . . . . . . . . . . . . . . 247 Cost Components . . . . . . . . . . . . . . . . . 247 Cost Update Factors. . . . . . . . . . . . . . . 249 Cost Data Correlation . . . . . . . . . . . . . . 249 DESIGN DATA FOR TREATMENT TECHNOLOGIES . . . . . 250 Flow Equalization . . . . . . . . . . . . . . . . 250 pHAdjustment . . . . . . . . . . . . . . . . . . 253 Settling . . . . . . . . . . . . . . . . . . . . 254 iv Attach. 07 SECTION I SUMMARY AND CONCLUSIONS INTRODUCTION Pursuant to Sections 301, 304, 306, 307, 308, and 501 of the Clean Water Act and the Settlement Agreement in Natural Resources Defense Council v. Train 8 ERC 2120 (D.D.C. 1976), modified 12 ERC 1833 D.D.C. 1979), modified by orders dated October 26, 1982, August 2, 1983; January 6, 1984; and July 5, 1984, the Environmental Protection Agency (EPA) collected and analyzed data for plants in the Plastics Molding and Forming Point Source category. (Throughout this document the Plastics Molding and Forming category is referred to as the "PM&F" category.) Pro- posed effluent limitations guidelines and standards for this category were published in the Federal Register on February 15, 1984 (49 FR 5862). This document and the administrative record provide the technical basis for the final effluent limitations guidelines for existing direct dischargers and standards of per- formance for new source direct dischargers for the PM&F category. This document also addresses EPA's consideration of pretreatment standards for new and existing indirect dischargers in the PM&F category. In the PM&F category, there are an estimated 10,260 plants of which 1,898 use process water (i.e., water that contacts the plastic material during processing). These plants have approxi- mately 2,587 processes that use process water. Of these pro- cesses, 810 discharge water directly to rivers and streams; 1,145 discharge to publicly owned treatment works; and 632 do not dis- charge process water. The other 8,362 plants in the PM&F cate- gory do not use process water (i.e., they are dry). To collect information regarding plant size, age and production, the production processes used, and the quantity, treatment, and disposal of process water generated, EPA conducted three ques- tionnaire surveys and a two-part telephone survey. As a result of these surveys, 382 plants were included in a data base from which were derived technical, statistical, and economic informa- tion to evaluate the PM&F category. In addition, EPA sampled PM&F processes at 18 plants: four plants were sampled in 1980; seven plants were sampled in 1983; and seven plants were sampled in 1984. Samples collected were analyzed for conventional, selected nonconventional, and priority toxic pollutants to identify and quantify pollutants present in PM&F process waters. The Agency examined data obtained from the questionnaire surveys and the wastewater sampling programs to characterize the PM&F 1 Attach. 07 category. The category is comprised of plants that employ generic processes that blend, mold, form, or otherwise process plastic materials. These processes are: 1. extrusion, 2. molding, 3. coating and laminating, 4. thermoforming, 5. calendering, 6. casting, 7. foaming, 8. cleaning, and 9. finishing. Results of the sampling programs indicate that process water is generally used to cool or heat plastic products, to clean both the surfaces of the plastic products and the surfaces of shaping equipment that contact plastic products, or to finish plastic products. Waters used in contact cooling and heating processes, in cleaning processes, and in finishing processes have different pollutant characteristics. For this reason, the PM&F category was divided into three subcategories: 1. contact cooling and heating water subcategory; 2. cleaning water subcategory; and 3. finishing water subcategory. The contact cooling and heating water subcategory includes those processes where process water contacts raw materials or plastic products for the purpose of heat transfer during plastics molding and forming. The cleaning water subcategory includes those processes that use process water to clean the surface of plastic products or to clean shaping equipment surfaces that are or have been in contact with the formed plastic product. Process water used to clean the plastic product or shaping equipment includes water used in the detergent wash cycle and water used in the rinse cycle to remove detergents and other foreign matter. The finishing water subcategory includes those processes that use process water to finish the plastic product. Finishing water consists of water used to carry away waste plastic material or to lubricate the product during the finishing operation. Only process water that contacts the plastic material, plastic product, or surfaces of shaping equipment used to mold or form plastic materials is covered by this final regulation. Non - contact cooling water is not process water and thus is not 2 Attach. 07 controlled. Permit writers and control authorities will estab- lish limitations for the discharge of non -contact cooling water and other non -process wastewater on a case-by-case basis. Plants in the PM&F category may have processes that use only one type of water and thus fit within one subcategory. However, many plants have contact cooling and heating water, cleaning water, and finishing water processes. In this instance, plants must comply with the effluent limitations guidelines and standards for each subcategory. EPA studied the PM&F category to characterize the pollutants in the different types of process water. The conventional and non - conventional pollutants or pollutant properties present in treatable concentrations are: (1) conventional pollutants - biochemical oxygen demand (BOD5), oil and grease (0&G), total suspended solids (TSS), and pH, (2) nonconventional pollutants - total organic carbon, chemical oxygen demand, and total phenols. The priority toxic pollutants found in treatable concentrations in PM&F process waters are: (1) contact cooling and heatin water - bis(2-ethylhexyl) phthalate, 2 cleaning water - phenol and zinc, and (3) finishing water - bis(2-ethylhexyl) hthalate, di -n -butyl phthalate, and dimethyl phthalate. The control and treatment technologies available for this cate- gory include various end -of -pipe technologies. These technolo- gies were considered appropriate for the treatment of plastics molding and forming process waters and formed the basis for the model treatment technologies for the final PM&F regulation. End -o£ -pipe technologies considered appropriate for PM&F process waters include equalization, pH adjustment, settling, the acti- vated sludge process, the activated carbon process and filtra- tion. Using these technologies, the Agency developed several treatment options. After consideration of these options, the Agency selected model treatment technologies as the basis for this regulation. Equalization. Equalization involves mixing or holding of wastewater to provide an influent to a treatment process with both a relatively constant flow rate and composition. pH Adjustment. Acidic and basic materials are used to control the pH of the wastewater. Proper pH adjustment not only controls a pollutant property but also serves to ensure proper treatment technology performance. Settling. Settling is a process that removes solid particles from a liquid matrix by gravitational force. This is done by reducing the velocity of the flow in a large volume tank so that 3 Attach. 07 Table VII -5 PRIORITY POLLUTANTS DETECTED IN PM&F PROCESS WATERS Priority Pollutant 4. benzene 89. aldrin 8. 1,2,4-trichlorobenzene 90. dieldrin 11. 1,1,1 -trichloroethane 92. 4,4' -DDT 12. hexachloroethane 93. 4,4'-DDE(p,p'DDX) 22. parachlorometa cresol 94. 4,4'-DDD(p,p'TDE) 23. chloroform (trichloro- 96. beta-endosulfan methane) 97. endosulfan sulfate 28. 3,3'-dichlorobenzidine 98. endrin 30. 1,2-trans-dichloro- 99. endrin aldehyde ethylene 100. heptachlor 38. ethylbenzene 101. heptachlor epoxide 44. methylene chloride 102. alpha -BHC (dichloromethane) 103. beta -BHC 47. hromof_orm (tribromo- 104. gamma -BHC methane) 105. delta -BHC 48. dichlorobromomethane 114. antimony 55. naphthalene 115. arsenic 62. N-nitrosodiphenylamine 117. beryllium 65. phenol 118. cadmium 66. bis(2-ethylhexyl) 119. chromium (Total) phthalate 120. copper 68. di-n-butvl phthalate 121. cyanide (Total) 69. di-n-octyl phthalate 122. lead 70. diethyl phthalate 123. mercury 71. dimethyl phthalate 124. nickel 73. benzo (a)T)vrene 125. selenium (3,4 -benzopyrene) 126. silver 85. tetrachloroethylene 127. thallium 86. toluene 128. zinc 87. trichloroethylene 170 Attach. 07 WHO/SDE/WSH/03.04/29 English only Di(2-ethylhexyl)phthalate in Drinking -water Background document for development of WHO Guidelines for Drinking -water Quality Originally published in Guidelines for drinking -water quality, 2°a ed. Vol.2. Health criteria and other supporting information. World Health Organization, Geneva, 1996. Attach. 08 C World Health Organization 2003 All rights reserved. Publications of the World Health Organization can be obtained from Marketing and Dissemination, World Health Organization, 20 Avenue Appia, 1211 Geneva 27, Switzerland (tel: +4122 7912476; fax: +4122 7914857; email: bookorders@who.int). Requests for permission to reproduce or translate WHO publications — whether for sale or for noncommercial distribution — should be addressed to Publications, at the above address (fax: +4122 7914806; email: permissions@who.int). The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the World Health Organization concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The mention of specific companies or of certain manufacturers' products does not imply that they are endorsed or recommended by the World Health Organization in preference to others of a similar nature that are not mentioned. Errors and omissions excepted, the names of proprietary products are distinguished by initial capital letters. The World Health Organization does not warrant that the information contained in this publication is complete and correct and shall not be liable for any damages incurred as a result of its use. Attach. 08 Preface One of the primary goals of WHO and its member states is that "all people, whatever their stage of development and their social and economic conditions, have the right to have access to an adequate supply of safe drinking water." A major WHO function to achieve such goals is the responsibility "to propose regulations, and to make recommendations with respect to international health matters ...." The first WHO document dealing specifically with public drinking -water quality was published in 1958 as International Standards for Drinking -Water. It was subsequently revised in 1963 and in 1971 under the same title. In 1984-1985, the first edition of the WHO Guidelines for drinking -water quality (GDWQ) was published in three volumes: Volume 1, Recommendations; Volume 2, Health criteria and other supporting information; and Volume 3, Surveillance and control of community supplies. Second editions of these volumes were published in 1993, 1996 and 1997, respectively. Addenda to Volumes 1 and 2 of the second edition were published in 1998, addressing selected chemicals. An addendum on microbiological aspects reviewing selected microorganisms was published in 2002. The GDWQ are subject to a rolling revision process. Through this process, microbial, chemical and radiological aspects of drinking -water are subject to periodic review, and documentation related to aspects of protection and control of public drinking - water quality is accordingly prepared/updated. Since the first edition of the GDWQ, WHO has published information on health criteria and other supporting information to the GDWQ, describing the approaches used in deriving guideline values and presenting critical reviews and evaluations of the effects on human health of the substances or contaminants examined in drinking - water. For each chemical contaminant or substance considered, a lead institution prepared a health criteria document evaluating the risks for human health from exposure to the particular chemical in drinking -water. Institutions from Canada, Denmark, Finland, France, Germany, Italy, Japan, Netherlands, Norway, Poland, Sweden, United Kingdom and United States of America prepared the requested health criteria documents. Under the responsibility of the coordinators for a group of chemicals considered in the guidelines, the draft health criteria documents were submitted to a number of scientific institutions and selected experts for peer review. Comments were taken into consideration by the coordinators and authors before the documents were submitted for final evaluation by the experts meetings. A "final task force" meeting reviewed the health risk assessments and public and peer review comments and, where appropriate, decided upon guideline values. During preparation of the third edition of the GDWQ, it was decided to include a public review via the world wide web in the process of development of the health criteria documents. During the preparation of health criteria documents and at experts meetings, careful consideration was given to information available in previous risk assessments carried out by the International Programme on Chemical Safety, in its Environmental Health Attach. 08 Criteria monographs and Concise International Chemical Assessment Documents, the International Agency for Research on Cancer, the joint FAO/WHO Meetings on Pesticide Residues, and the joint FAO/WHO Expert Committee on Food Additives (which evaluates contaminants such as lead, cadmium, nitrate and nitrite in addition to food additives). Further up-to-date information on the GDWQ and the process of their development is available on the WHO internet site and in the current edition of the GDWQ. Attach. 08 Acknowledgements The work of the following coordinators was crucial in the development of this background document for development of WHO Guidelines for drinking -water quality: J.K. Fawell, Water Research Centre, United Kingdom (inorganic constituents) U. Lund, Water Quality Institute, Denmark (organic constituents and pesticides) B. Mintz, Environmental Protection Agency, USA (disinfectants and disinfectant by-products) The WHO coordinators were as follows: Headquarters: H. Galal-Gorchev, International Programme on Chemical Safety R. Helmer, Division of Environmental Health Regional Office for Europe: X. Bonnefoy, Environment and Health O. Espinoza, Environment and Health Ms Marla Sheffer of Ottawa, Canada, was responsible for the scientific editing of the document. The efforts of all who helped in the preparation and finalization of this document, including those who drafted and peer reviewed drafts, are gratefully acknowledged. The convening of the experts meetings was made possible by the financial support afforded to WHO by the Danish International Development Agency (DANIDA), Norwegian Agency for Development Cooperation (NORAD), the United Kingdom Overseas Development Administration (ODA) and the Water Services Association in the United Kingdom, the Swedish International Development Authority (SIDA), and the following sponsoring countries: Belgium, Canada, France, Italy, Japan, Netherlands, United Kingdom of Great Britain and Northern Ireland and United States of America. Attach. 08 GENERAL DESCRIPTION Identity CAS no.: 117-81-7 Molecular formula: C24H3804 Di(2-ethylhexyl)phthalate (DEHP) is also known as 1,2-benzenedicarboxylic acid bis(2- ethylhexyl)ester, bis(2-ethylhexyl) phthalate, and dioctyl phthalate (DOP). Physicochemical properties (1,2) [Conversion factor in air: 1 ppm = 1.59 mg/m31 Property Physical state Melting point Boiling point Density Vapour pressure Water solubility Log octanol—water partition coefficient Organoleptic properties DEHP is odourless. Major uses Value Light-coloured, viscous liquid -46 °C (pour -point) 370°C at 101.3 kPa 0.98 g/cm3 at 20 °C 0.056 x 10-7 kPa at 20 °C 23-340 gg/litre at 25 EC 4.88 DEHP is used primarily as a plasticizer in many flexible polyvinyl chloride products and in vinyl chloride co -polymer resins. It is also used as a replacement for polychlorinated biphenyls in dielectric fluids for small (low -voltage) electrical capacitors (1,2). Environmental fate DEHP is insoluble in water (23-340 µg/litre) (2,3). Because of the readiness with which it forms colloidal solutions, its "true" solubility in water is believed to be 25-50 gg/litre. DEHP has a very low volatilization rate. Photolysis in water is thought to be a very slow process (2). Hydrolysis half-lives of over 100 years at pH 8 and 30 °C have been found. DEHP biodegrades rapidly in water and sludges, especially under aerobic conditions; degradation of 40-90% in 10-35 days has been found. Biodegradation in sediment and water under anaerobic conditions is assumed to be very slow; however, the available information is contradictory (3). ANALYTICAL METHODS DEHP can be determined by gas chromatography with electron -capture detection; the method has a detection limit of 0.1 ng (4). The detection limit with flame ionization detection is 1 gg/litre. The identity of the compound can be confirmed by mass spectrometry with "single - ion" monitoring, especially when electron -capture detection is used (3,5). ENVIRONMENTAL LEVELS AND HUMAN EXPOSURE It should be noted that some reported occurrences of DEHP in certain matrices have been found to result from contamination of the latter by plasticizer extracted from plastic tubing or other equipment (1,2). Attach. 08 Air DEHP has been detected in ocean air at levels ranging from 0.4 ng/m3 over the Gulf of Mexico to 2.9 ng/m3 over the North Atlantic (1,2). Ambient air above the Great Lakes contains an average of 2 ng/m3 (range 0.5-5 ng/m3) (6). In the North Pacific, the average concentration in air was 1.4 ng/m3 (range 0.3-2.7 ng/m) (3). In city air, concentrations of phthalates in atmospheric particulate matter range from 5 to 132 ng/m3 (7,8), but a concentration of 300 ng/m3 has been reported in the vicinity of a municipal incinerator (9). Where DEHP is used inside houses, the concentration increases with temperature but decreases with humidity; after 4 months, the concentration will be about 0.05 mg/m3 (5). Water In Japan, DEHP was detected in 71 out of 111 samples of rainwater; average concentrations were in the range 0.6-3.2 jig/litre, the highest average value being found in an industrial town (5). In the North Pacific, the average concentration in rainwater was 55 ng/litre (range 5.3- 213 ng/litre) (3). DEHP has been detected in water from several rivers at levels of up to 5 gg/litre (1,2,5). In the Netherlands, sediments of the Rhine and the Meuse contained 1-70 and 1-17 mg/kg, respectively (1). The average concentration in water from the Rhine in 1986 was 0.3 4g/litre (range 0.1-0.7 gg/litre) and in suspended particulate matter 20 mg/kg (range 10-36 mg/kg) (10). In surface water near industrial areas, levels of up to 300 gg/litre were found (1,2). In contaminated groundwater in the Netherlands, 20-45 gg of DEHP per litre was reported (11). A groundwater sample from New York State contained 170 gg/litre (12). DEHP was detected in tapwater in two cities in the USA at an average level of 1 gg/litre and in Japan at levels in the range of 1.2-1.8 gg/litre. In "finished" drinking -water in two cities in the USA, average concentrations were 0.05-11 gg/litre; in several major eastern cities in the USA, average levels were below 1 gg/litre. The highest concentrations in drinking -water (up to 30 gg/litre) were reported in older surveys (1975) (1,2). Food Levels of DEHP below 1 mg/kg were detected in fish in different parts of the USA; most fish contained less than 0.2 mg/kg. In a sampling of a wide variety of foods, the highest levels were found in milk (31.4 mg/litre, fat basis) and cheese (35 mg/kg, fat basis). In a study of the migration of DEHP from plastic packaging films, it was found in tempura (frying) powder (0.11-68 mg/kg), instant cream soup (0.04-3.1 mg/kg), fried potato cake (0.05-9.1 mg/kg), and orange juice (0.05 mg/kg) (1,2). Analysis of bottled beverages with polyvinyl chloride seals plasticized with DEHP demonstrated that very little migration occurs; all the concentrations reported were less than 0.1 mg/kg, the vast majority being below 0.02 mg/kg. Draught beer samples contained similar levels of DEHP (<0.01-0.04 mg/kg) (13). Estimated total exposure and relative contribution of drinking -water Exposure among individuals may vary considerably because of the wide variety of products into which DEHP is incorporated. The estimated average daily adult dose from the consumption of commodities highly likely to be contaminated (such as milk, cheese, margarine) is about 200 gg (14). Levels in community drinking -water are generally thought to Attach. 08 be negligible, although there may be individual instances of high levels of contamination. Exposure from air is negligible compared with that associated with food (e.g. when the concentration in city air is 50 ng/m3, the daily exposure will be less than 1 µg). Patients undergoing kidney dialysis may be exposed to high levels of DEHP; it is estimated that each patient will receive up to 90 mg per treatment (15). Exposure also occurs during the transfusion of stored whole blood. Concentrations will be low in frozen plasma. The Netherlands standard for the migration of DEHP from blood containers is 10 mg of DEHP per 100 ml of ethanol (16). KINETICS AND METABOLISM IN LABORATORY ANIMALS AND HUMANS In rats, DEHP is readily absorbed from the gastrointestinal tract after oral administration. It is hydrolysed to a large extent to mono(2-ethylhexyl)phthalate (MEHP) with release of 2- ethylhexanol (EH) before intestinal absorption (17). Absorption is lower in primates (including humans). In rats, over 90% was excreted in urine after dietary administration, whereas only 0.9% was excreted in urine by marmosets (2,18). In humans, 11-25% of an ingested dose was found in urine (2,19). DEHP undergoes further modification after hydrolysis to the monoester. Several species (primates, including humans, and some rodent species) form glucuronide conjugates with the monoester, but rats appear unable to do so. In rats, the residual 2-ethylhexyl moiety is oxidized extensively (17). In mice and rats, urinary metabolites consist primarily of terminal oxidation products (diacids, ketoacids); in primates (monkeys, humans), they consist primarily of unoxidized or minimally oxidized products (MEHP, hydroxyacid) (18). DEHP and its metabolites are extensively distributed throughout the body in rodents, the highest levels being found in the liver and adipose tissue. Little or no accumulation occurs in rats. Estimated half-lives for DEHP and its metabolites in rats are 3-5 days for fat and 1-2 days for other tissues (20). EFFECTS ON LABORATORY ANIMALS AND IN VITRO TEST SYSTEMS Acute exposure DEHP has a low acute oral toxicity in animals; the oral LD50 for mice and rats is over 20 g/kg of body weight (1). Short-term exposure Liver and testes appear to be the main target organs for DEHP toxicity. DEHP can cause functional hepatic damage, as reflected by morphological changes, alterations in energy - linked enzyme activity, and changes in lipid and carbohydrate metabolism. The most striking effect is proliferation of hepatic peroxisomes (21). In short-term oral studies in rats with dosing periods ranging from 3 days to 9 months and dose levels ranging from 50 to 25 000 mg/kg of diet (2.5-2500 mg/kg of body weight per day), doses greater than 50 mg/kg of body weight per day caused a significant dose-related increase in liver weight, a decrease in serum triglyceride and cholesterol levels, and microscopic changes in the liver, namely periportal accumulation of fat and mild centrilobular loss of glycogen. An initial burst of DNA synthesis in the liver (indicative of liver hyperplasia) followed by a decrease in liver DNA content (indicative of liver hypertrophy) were observed. Changes to peroxisomes, mitochondria, and endoplasmic reticulum in the liver were seen. Significant increases in hepatic peroxisomal enzyme activities and in the number of peroxisomes in the liver were found (22-26). NOAELs for changes in liver weight were 25 mg/kg of body weight per day by gavage (23) and 500 mg/kg of diet (25 mg/kg of Attach. 08 body weight per day) (22). Morton (22) found significantly decreased serum triglyceride levels at 50, 100, and 500 mg/kg of diet, whereas Barber et al. (25) did not find this effect at 1000 and 100 mg/kg of diet. NOAELs for peroxisomal proliferation (based on changes in peroxisome -related enzyme activities or ultramicroscopic changes) were 25 mg/kg of body weight per day (LOAEL 100 mg/kg of body weight per day) in a 14 -day gavage study in Sprague -Dawley rats (23), 50 mg/kg of diet (2.5 mg/kg of body weight per day) in a 7 -day study in Sprague -Dawley rats (22) (LOAEL 100 mg/kg of diet or 5 mg/kg of body weight per day), and 100 mg/kg of diet (10 mg/kg of body weight per day) in a 3 -week study in F344 rats (LOAEL 1000 mg/kg of diet or 100 mg/kg of body weight per day) (25). Marked species differences in the occurrence of peroxisomal proliferation exist, the available information suggesting that primates, including humans, are less sensitive to this effect than rodents (26). Changes in the kidneys and thyroid in Wistar rats have also been observed. The effects on the thyroid (increased activity accompanied by a decrease of plasma T4) were observed at doses of 10 000 mg/kg of diet (1000 mg/kg of body weight per day) and higher (24). Long-term exposure In 2 -year oral toxicity studies in rats, doses of 100-200 mg/kg of body weight and higher caused growth depression, liver and kidney enlargement, microscopic changes in the liver, and testicular atrophy. The NOAEL was 50-65 mg/kg of body weight (2,2 7,28). Increased activities of peroxisome -associated enzymes were found in another study even at the lowest dose level of 200 mg/kg of diet (10 mg/kg of body weight per day) (26). Reproductive toxicity, embryotoxicity, and teratogenicity Testicular effects, namely atrophy, tubular degeneration, and inhibition or cessation of spermatogenesis, were seen in mice, rats, guinea -pigs, and ferrets (29), supposedly caused by MEHP (2,30). In rats, testicular changes were seen at oral doses above 100 mg/kg of body weight per day (31). In a reproduction study in mice, complete suppression of fertility in both sexes was seen at 0.3% DEHP in the diet (430 mg/kg of body weight per day). At 0.1% in the diet (140 mg/kg of body weight per day), significantly reduced fertility indices, again in both sexes, were observed, but no effects on fertility were seen at 0.01% in the diet (15 mg/kg of body weight per day) (26). In mice, fetal mortality, fetal resorption, decreased fetal weight, neural tube effects, and skeletal disorders (exencephaly, spina bifida, open eyelid, exophthalmia, major vessel malformations, club -foot, and delayed ossification) were seen in teratogenicity studies. The NOAEL for these effects was 0.025% in the diet (35 mg/kg of body weight per day) (32). The LOAELs were 0.05 mg/kg of body weight per day (33) and 0.05% in diet (70 mg/kg of body weight per day) (32). MEHP was more active than DEHP, which may, therefore, act as a result of conversion into MEHP. However, it was also hypothesized that 2-ethylhexanoic acid, the oxidation product of 2-ethylhexanol, was the proximate teratogen, as indicated in studies with rats (26). Rats were less susceptible than mice to DEHP-related adverse effects on fetal development. At oral doses above 200 mg/kg of body weight per day, decreased fetal weights and an increased number of resorptions were observed (34, 35). Teratogenic effects were not observed in F344 rats at dose levels of 0.5-2.0% in the diet (250-1000 mg/kg of body weight per day). Embryofetal toxicity was seen at levels of 1.0% in the diet and higher (=500 mg/kg of body weight per day) (32). Attach. 08 Mutagenicity and related end-points DEHP showed negative results in most short-term mutagenicity studies in vitro and in vivo (i.e. it did not induce gene mutations in bacterial systems, eukaryotic systems, or mammalian systems in vitro, or chromosomal aberrations or sister chromatid exchange in mammalian cells in vitro, or chromosomal aberrations in somatic or germ cells in vivo). No evidence was found for a covalent interaction of DEHP with DNA, the induction of single -strand breaks in DNA, or unscheduled DNA repair. However, DEHP induced aneuploidy in eukaryotic cells in vitro and cell transformations in mammalian cells in vivo and in vitro (20,36). In general, MEHP and EH did not induce gene mutations in bacteria or mammalian cells in vitro. Contradictory results were reported for MEHP with respect to the induction of chromosomal aberrations and sister chromatid exchange in mammalian cells in vitro, but EH showed negative results in these test systems. In mammalian cells in vivo, MEHP and EH did not induce chromosomal aberrations (36). Carcinogenicity In a 2 -year oral study in mice, increased incidences of hepatocellular carcinomas were seen in males and females at 3000 and 6000 mg/kg of diet. Rats given 6000 or 12 000 mg of DEHP per kg of diet for 2 years showed increased incidences of hepatocellular carcinomas and hepatic neoplastic nodules (2,37). It has been suggested that the increased incidences of liver tumours in mice and rats in chronic bioassays are caused by the prolonged proliferation of hepatocellular peroxisomes and the enhanced production of the peroxisomal metabolic by-product, hydrogen peroxide. Primates, including humans, are far less sensitive to peroxisomal proliferation than mice and rats (38). In in vivo studies with B6C3F1 mice, DEHP had no tumour -initiating activity in the liver but, in the same strain, showed promoting activity, also in the liver, as indicated by an increase in focal hepatocellular proliferative lesions, including hyperplastic foci and neoplasms. In rats, in vivo studies showed neither tumour -initiating or promoting activity, nor sequential syncarcinogenic activity in the liver (26). EFFECTS ON HUMANS Two male volunteers dosed with 10 g of DEHP experienced mild gastric disturbances and moderate catharsis; a 5-g dose had no effect (1,2). Dialysis patients receiving approximately 150 mg of DEHP intravenously per week were examined for liver changes. At 1 month, no morphological changes were observed by liver biopsy but, at 1 year, peroxisomes were reported to be "significantly higher in number" (20). A high incidence of polyneuropathy was reported in studies on industrial workers exposed to different phthalic acid esters, including DEHP (39), but this was not confirmed in another study (40). In a small cohort study, eight deaths were observed among 221 workers exposed to DEHP for periods of 3 months to 24 years. One carcinoma of the pancreas and one bladder papilloma were reported. The study was considered to be inadequate to provide proof of a causal association (1,2). Occupational exposure to 0.01-0.016 mg of DEHP per m3 over l OB34 years did not cause an increase in the frequency of chromosomal aberrations in blood leukocytes (1,2). Attach. 08 GUIDELINE VALUE IARC has concluded that DEHP is possibly carcinogenic to humans (Group 213) (41). Induction of liver tumours in rodents by DEHP was observed at high dietary dose levels. A relationship between the occurrence of hepatocellular carcinoma and prolonged induction of peroxisomal proliferation in the liver was suggested, although the mechanism of action is still unknown. On the basis of toxicity data in experimental animals, the induction of peroxisomal proliferation in the liver seems to be the most sensitive effect of DEHP, and the rat appears to be the most sensitive species. The available literature suggests that humans are less sensitive to chemically induced peroxisomal proliferation than rodents. In 1988, JECFA evaluated DEHP and recommended that human exposure to this compound in food be reduced to the lowest level attainable. The Committee considered that this might be achieved by using alternative plasticizers or alternatives to plastic material containing DEHP (26)• In view of the absence of evidence for genotoxicity and the suggested relationship between the occurrence of hepatocellular carcinomas and prolonged proliferation of liver peroxisomes, a TDI was derived using the lowest observed NOAEL of 2.5 mg/kg of body weight per day based on peroxisomal proliferation in the liver in rats (22). Although the mechanism for hepatocellular tumour induction is not fully resolved, using a NOAEL derived from the species by far the most sensitive with respect to the particularly sensitive end-point of peroxisomal proliferation justifies the use of an uncertainty factor of 100 (for inter- and intraspecies variation). Consequently, the TDI is 25 gg/kg of body weight. This yields a guideline value of 8 gg/litre (rounded figure), allocating 1% of the TDI to drinking -water. REFERENCES 1. International Agency for Research on Cancer. Some industrial chemicals and dyestuffs. Lyon, 1982:269-294 (IARC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals to Humans, Volume 29). 2. Diethylhexyl phthalate. Geneva, World Health Organization, 1992 (Environmental Health Criteria, No. 131). 3. European Chemical Industry Ecology and Toxicology Centre. An assessment of the occurrence and effects of dialkyl ortho phthalates in the environment. Brussels, 1985 (Technical Report No. 19). 4. Thur6n A. Determination of phthalates in aquatic environments. Bulletin of environmental contamination and toxicology, 1986, 36:33-40. 5. Beratergremium fur umweltrelevante Altstoffe der Gesellschaft Deutscher Chemiker (BUA). Di-(2-ethylhexyl)phthalat. Weinheim, 1986 (BUA-Stoffbericht 4). 6. Eisenreich SJ, Looney BB, Thornton JD. Airborne organic contaminants in the Great Lakes ecosystem. Environmental science and technology, 1981, 15:30-38. 7. Cautreels W, Van Cauwenberghe K. Comparison between the organic fraction of suspended matter at a background and an urban station. Science of the total environment, 1977, 8:79-88. 8. Bove JL, Dalvent L, Kukreja VP. Airborne di -butyl and di-(2-ethylhexyl)phthalate at three New York City air sampling stations. International journal of environmental analytical chemistry, 1977, 5:189-194. 9. Thomas GH. Quantitative determination and confirmation of identity of trace amounts of dialkyl phthalates in environmental samples. Environmental health perspectives, 1973, 3:23- 28. 10. Ritsema R et al. Trace -level analysis of phthalate esters in surface waters and suspended particulate matter by means of capillary gas chromatography with electron -capture and mass - selective detection. Chemosphere, 1989, 18:2161-2175. Attach. 08 11. Warns TJ. Diethylhexylphthalate as an environmental contaminant a review. Science of the total environment, 1987, 66:1-16. 12. Rao PSC, Hornsby AG, Jessup RE. Indices for ranking the potential for pesticide contamination of groundwater. Soil and Crop Science Society proceedings, 1985, 44:1-8. 13. Ministry of Agriculture, Fisheries and Food. Survey of plasticiser levels in food contact materials and in foods. London, Her Majesty's Stationery Office, 1987 (Food Surveillance Paper No. 21). 14. Directorate for Health Sciences. Draft report to the U.S. Consumer Product Safety Commission by the Chronic Hazard Advisory Panel on di(ethylhexyl)phthalate (DEHP). Washington, DC, US Consumer Product Safety Commission, 1985. 15. Office of Toxic Substances. Priority review level: 1-di-(2-ethylhexyl)phthalate (DEHP). Draft. Washington, DC, US Environmental Protection Agency, 1980. 16. de Nederlandse pharmocopee. [The Netherlands pharmacopoeia.] 9th ed. The Hague, Netherlands, Staats Uitgeverij, 1983. 17. Kluwe WM. Overview of phthalate ester pharmacokinetics in mammalian species. Environmental health perspectives, 1982, 45:3-9. 18. Albro PW et al. Pharmacokinetics, interactions with macromolecules and species differences in metabolism of DEHP. Environmental health perspectives, 1982, 45:19-25. 19. Schmid P, Schlatter C. Excretion and metabolism of di(2-ethylhexyl)phthalate in man. Xenobiotica, 1985, 15:251-256. 20. National Research Council. Drinking water and health, Vol. 6. Washington, DC, National Academy Press, 1986:338-359. 21. Seth PK. Hepatic effects of phthalate esters. Environmental health perspectives, 1982, 45:27-34. 22. Morton SJ. The hepatic effects of dietary di-2-ethylhexyl phthalate. Ann Arbor, MI, Johns Hopkins University, 1979 (dissertation; abstract in Dissertation abstracts international, 1979, B 40(09):4236). 23. Lake BG et al. Comparative studies of the hepatic effects of di- and mono-n-octyl phthalates, di-(2-ethylhexyl)phthalate and clofibrate in the rat. Acta pharmacologica et toxicologica, 1986, 54:167-176. 24. Hinton RH et al. Effects of phthalic acid esters on the liver and thyroid. Environmental health perspectives, 1986, 70:195-210. 25. Barber ED et al. Peroxisome induction studies on seven phthalate esters. Toxicology and industrial health, 1987, 3:7-24. 26. Joint FAO/WHO Expert Committee on Food Additives. Toxicological evaluation of certain food additives and contaminants. Cambridge, Cambridge University Press, 1989:222- 265 (WHO Food Additives Series 24). 27. Carpenter CP, Weil CS, Smyth HF Jr. Chronic oral toxicity of di-(2-ethylhexyl)phthalate for rats, guinea -pigs and dogs. Archives of industrial hygiene and occupational medicine, 1953, 8:219-226. 28. Harris RS et al. Chronic oral toxicity of 2-ethylhexyl phthalate in rats and dogs. American Medical Association archives of industrial health, 1956, 13:259-264. 29. Gangolli SD. Testicular effects of phthalate esters. Environmental health perspectives, 1982, 45:77-84. 30. Albro PW et al. Mono-2-ethylhexyl phthalate, a metabolite of di-(2-ethylhexyl) phthalate, causally linked to testicular atrophy in rats. Toxicology and applied pharmacology, 1989, 100:193-200. 31. Gray TJ et al. Short-term toxicity study of di(2-ethylhexyl)phthalate in rats. Food and cosmetics toxicology, 1977, 15:389-399. 32. Tyl RW et al. Developmental toxicity evaluation of dietary di(2-ethylhexyl)phthalate in Fischer 344 rats and CD -1 mice. Fundamental and applied toxicology, 1988, 10:395-412. 33. Nakamura Y et al. Teratogenicity of di-(2-ethylhexyl)phthalate in mice. Toxicology letters, 1979, 4:113-117. Attach. 08 34. Nikonorow M, Mazur H, Piekacz H. Effect of orally administered plasticizers and polyvinyl chloride stabilizers in the rat. Toxicology and applied pharmacology, 1973, 25:253- 259. 35. Onda H et al. [Effect of phthalate ester on reproductive performance in rats.] Japanese journal of hygiene, 1976, 31:507-512 (in Japanese). 36. Turnbull D, Rodricks JV. Assessment of possible carcinogenic risk to humans resulting from exposure to di(2-ethylhexyl)phthalate (DEHP). Journal of the American College of Toxicologists, 1985, 4:111-145. 37. National Toxicology Program. Carcinogenesis bioassay of di(2-ethylhexyl)phthalate (CAS no. 117-81-7) in F344 rats and B6C3F1 mice (feed study). Research Triangle Park, NC, 1982. 38. Stott WT. Chemically induced proliferation of peroxisomes: implications for risk assessment. Regulatory toxicology and pharmacology, 1988, 8:125-159. 39. Burg RV. Toxicology update. Bis (2-ethylhexyl) phthalate. Journal of applied toxicology, 1988, 8:75-78. 40. Nielsen J, Akesson B, Skerfving S. Phthalate ester exposure air levels and health of workers processing polyvinylchloride. American Industrial Hygiene Association journal, 1985, 46:643-647. 41. International Agency for Research on Cancer. Overall evaluations of carcinogenicity: an updating of IARC Monographs volumes 1-42. Lyon, 1987:62 (IARC Monographs on the Evaluation of Carcinogenic Risks to Humans, Suppl. 7). Attach. 08 http://www.greenfacts.org/ Copyright © Green Facts page 1/9 Facts on Heafth and the Fnvrranment Scientific Facts on Source document: DEHP ECB (2008) Diethylhexyl phthalate Summary & Details: Green Facts Level 2 - Details on Diethylhexyl phthalate Introduction: What are phthalates?..........................................................................2 1. What are the properties of diethylhexyl phthalate(DEHP)? ..............................2 2. How is DEHP used?........................................................................................................3 3. Can DEHP affect the environment?............................................................................3 3.1 When is DEHP released?..................................................................................................3 3.2 What happens to DEHP released to the environment?..........................................................3 3.3 What levels of DEHP are expected near the sources?...........................................................3 3.4 What are the effects of DEHP on the environment?..............................................................4 3.5 What are the risks of DEHP to the environment?.................................................................4 4. How can humans be exposed to DEHP?...................................................................5 4.1 How can workers be exposed to DEHP?..............................................................................5 4.2 How can consumers be exposed to DEHP?..........................................................................5 4.3 To what extent can the general public be exposed to DEHP through the environment?..............5 5. What health effects can DEHP cause in laboratory animals? ..............................6 6. Does DEHP pose risks to human health?.................................................................6 6.1 Are workers at risk from exposure to DEHP?.......................................................................6 6.2 Are consumers at risk from exposure to DEHP?..................................................................7 6.3 Are people at risk from environmental exposure to DEHP?....................................................7 7. Are further research and additional risk reduction measures needed? ........... 7 8. Conclusions (only in level 1) This Digest is a faithful summary of the leading scientific consensus report produced in 2008 by the European Chemicals Bureau (ECB): "Bis-(2-Ethylhexyl) Phthalate, DEHP), Summary Risk Assessment Report" The full Digest is available at: https://www.greenfacts.org/en/dehp-dietylhexyl-phthalate/ This PDF Document is the Level 2 of a Green Facts Digest. Green Facts Digests are published in several languages as questions and answers, in a copyrighted user-friendly Three -Level Structure of increasing detail: • Each question is answered in Level 1 with a short summary. • These answers are developed in more detail in Level 2. • Level 3 consists of the Source document, the internationally recognised scientific consensus report which is faithfully summarised in Level 2 and further in Level 1. All GreenFacts Digests are available at: http://www.greenfacts.orgl Attach. 09 //www.greenfacts.org/ Copyright © Green Facts Introduction: What are phthalates? Phthalates are plasticisers that are added to other materials to make them softer and more flexible. They are widely used in a range of polymers such as PVC that are found in a wide variety of consumer products including floor- and wall covering, furnishing, toys, car interior, clothing, hoses etc. Phthalates are also added to paints and lacquers, adhesives and sealants, printing inks etc. 2/9 [see Annex 1, P. 9] Consumption of plasticisers in Europe in 2008 Because phthalates are not chemically bound to the material they are added to, they can be released from the products that contain them, for instance into water and air. The emission of phthalates occurs during all the stages of the life cycle of a product from production, through use, to disposal. A range of different phthalates exist, each having specific properties, applications, and potential health effects. Five of the most widely used phthalates are di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), di-isononyl phthalate (DINP), di-isodecyl phthalate (DIDP) and benzyl butyl phthalate (BBP). These phthalates have been assessed within an EU program on Risk Assessment for new and existing chemical substances. In Europe, between 1990 and 1995, the average annual consumption of plasticisers was 970 000 tonnes, of which 894 000 tonnes were phthalates. For comparison, the worldwide plasticiser consumption is estimated at 3.5 million tonnes. The phthalates described in this digest are used mainly as plasticisers in PVC products. 1. What are the properties of diethylhexyl phthalate (DEHP)? DEHP is a colourless oily liquid that is soluble in fat and not very soluble in water. It is not very volatile so does not vaporise readily into the atmosphere. Under the European Union classification system that applies to labelling of chemicals in commerce it is classified for human health as "toxic to reproduction" (may impair fertility, may cause harm to the unborn child). H G GH CH HG The acronym DEHP refers to di(2-ethylhexyl) phthalate, which is also referred to as "bis(2-ethylhexyl) phthalate". It is an isomer (a specific chemical form) of "dioctyl phthalate". Attach. 09 //www.greenfacts.org/ Copyright © Green Facts 2. How is DEHP used? 3/9 In 1994 an estimated one to four million tonnes of DEHP was produced globally Production volumes in the European Union have decreased, from 595 000 tonnes in 1997 to 221 000 tonnes in 2004. Over 95% of DEHP in the European Union is used as a plasticiser in polymers, mainly PVC. Flexible PVC containing DEHP has many uses including toys, flooring, cables, profiles, roofing, and in medical products such as blood bags and dialysis equipment. DEHP is also used in polymers other than PVC, and in non -polymer products such as sealants, adhesives, paints, lacquers, printing inks and ceramics. It is estimated that around 800 plants in Europe use DEHP or preparations containing DEHP. Editor's note: The plasticizer market has evolved significantly in the last few years since the publication of the source document. Non -phthalate have taken a growing part of the market. In 2011 they represented 22% of the European plasticizer market, and are projected to increase to 30% by 2020. Long -chain phthalates such as DIDP and DINP have been growingly replacing shorter -chain phthalates such DEHP on the European market, where DEHP accounted for 37% of the market in 2001, and was down to 13% by 2010. Source: European Council for Plasticisers and Intermediates (ECPI) 3. Can DEHP affect the environment? 3.1 When is DEHP released? DEHP is released into the environment during production, transport, storage, use and disposal. DEHP is not tightly bound to the polymer used to make plastic or other products, and most of its release in the environment is from the use and final disposal of end -products. 3.2 What happens to DEHP released to the environment? DEHP is released into air and waste water from sewage sludge and from solid waste. It enters the air as a vapour or as solid particles. DEHP breaks down quite rapidly in air. Its half-life in the atmosphere is estimated to be 1 day. It breaks down slowly in water, sediment and soil where there is less oxygen. DEHP is not broken down into simple chemicals — the main breakdown product is the monoester ( mono-ethylhexyl phthalate or MEHP), that is known to have adverse effects on reproduction in mammals. The results of laboratory tests indicate a high potential for bioaccumulation (increasing concentrations over time) of DEHP in organisms that live in water and it binds strongly to sediment, soil and sewage sludge. It does not bioaccumulate in plants. 3.3 What levels of DEHP are expected near the sources? Predicted environmental concentrations (PECs) have been calculated for various environmental media located near sources of DEHP. Attach. 09 //www.greenfacts.org/ Copyright © Green Facts page 4/9 • At DEHP production sites, concentrations in surface water range from 1 to 220 pg/I and in sediment from 7.5 to 2045 mg/kg. • Concentrations in surface water and sediment at non -polymer formulation and processing sites are predicted to be around half those at production sites. • Concentrations in surface water and sediment at polymer processing sites are predicted to be lower, by around 10 -fold or more, than the concentrations at production sites. • Concentrations in surface water and sediment at sewage treatment plants and waste handling sites are lower still, up to 3.6 pg/I in surface water and up to 30 mg/kg in sediment. • Predicted environmental concentrations in soil range up to 354 mg/kg at polymer processing sites, up to 103 mg/kg at non -polymer formulation and processing sites, and 3 mg/kg or less for sewage treatment plants and waste handling sites. No figures are given for soil at DEHP production sites. 3.4 What are the effects of DEHP on the environment? Studies have shown that there are no adverse effects on organisms only exposed to DEHP via water, and at concentrations below the water solubility. Concentrations of DEHP up to 160 mg/kg in food are without any effect on fish. However above this concentration, DEHP can have adverse effects on fish. It does not have harmful effects on microorganisms in sewage sludge, up to at least 2000 mg/I. No adverse effects have been observed in soil -dwelling organisms, up to at least 130 mg/kg soil. The accumulation of the product in the food chain means that top predators might be more at risk. For those top predators, a concentration of 33 mg/kg of food is considered to be without adverse effects, based on tests showing damage to the testis in laboratory animals that were fed a diet with a higher concentrations than 33 mg/kg. For bird reproduction, the concentration without adverse effects is much higher at 1700 mg/kg of food. 3.5 What are the risks of DEHP to the environment? There is no concern for aquatic organisms exposed via water, as there are no effects below the water solubility level of DEHP. Similarly there are no concerns for exposure via the atmosphere. For organisms living in sediment or soil, the predicted concentrations that might be found in the environment are higher than concentrations predicted to have no effect (PNEC), there are also risks for food chains based on organisms living in sediment or soil. The scenarios illustrating possible risks to the food chain were emissions from polymer and non -polymer processing sites, giving predicted environmental concentrations that were higher than predicted no -effect concentrations for birds eating mussels and mammals eating earthworms. It is concluded that while further information and/or testing would be needed to refine the risk assessment, risk management measures implemented and applied to other environmental media will eliminate the need for further information on organisms living in soil and sediment. Attach. 09 //www.greenfacts.org/ Copyright © Green Facts page 5/9 4. How can humans be exposed to DEHP? Humans can be exposed to DEHP at the workplace, through industrial use of products containing DEHP, or as consumers (through indoor air, car interiors, toys, medical equipment, and the general environment). 4.1 How can workers be exposed to DEHP? Inhalation and deposition on the skin represents the main path of exposure of DEHP at the workplace. Exposure to DEHP via inhalation ranges from 5 mg (production) to 10 mg (industrial uses) per cubic metre of air. Exposure of the skin ranges from 420 milligrams per kilogram body weight (mg/kg bw) per day for industrial uses of DEHP, through 650 mg/kg bw/day for production of DEHP, to 1300 mg/kg bw/day for industrial end-use of products containing DEHP. Total internal exposure to DEHP in the workplace is estimated to be in the range of 1-2 mg/kg bw/day. This reflects the very poor absorption of DEHP through the skin. 4.2 How can consumers be exposed to DEHP? Exposure of consumers can be via various sources such as toys, car interiors and medical equipment. Exposure is considered for two separate age -groups (children/adults), as the availability of DEHP to the tissues is expected to be higher in children than in adults. It has been estimated that exposure is highest for children, due to toys and child-care products that contain DEHP, and for patients undergoing medical treatment. In children the highest exposure estimates are due to: • toys and child-care articles, 0.2 mg/kg/day • long-term blood transfusion in children, 0.075 mg/kg/day • blood transfusions in neonates, 1.7 mg/kg/day. In adults the highest exposure estimate is due to: • long-term haemodialysis, 3.1 mg/kg/day. In adults the highest exposure estimate is due to: 4.3 To what extent can the general public be exposed to DEHP through the environment? Indirect exposure of humans via multiple pathways in the environment is lower than consumer exposure. For the general environment, exposure is estimated to be 0.017 mg/kg/day. For those living near industrial sites producing or using DEHP, exposures are estimated to be 0.002-0.067 mg/kg/day for adults and 0.020-0.312 mg/kg/day for children. Exposure of infants fed on breast milk is estimated to be 0.006 mg/kg/day and that of infants fed on formula 0.013 mg/kg/day. Attach. 09 Copyright © Green Facts page 6/9 5. What health effects can DEHP cause in laboratory animals? Tests in laboratory animals have shown that if DEHP is swallowed or inhaled, it is rapidly absorbed and metabolised via several pathways. It does not accumulate in the body. The main metabolites are the monoester, MEHP, and an alcohol, ethylhexanol. The metabolites are excreted via the urine. DEHP can be present in breast milk. A single dose of DEHP which is swallowed or breathed in has low acute toxicity. It is also assumed to have low acute toxicity via the skin. DEHP is slightly irritating to the animal skin and eye but it is not a skin sensitiser. Repeated oral exposure to DEHP mainly affects the testis (see also below) and the kidney. The highest doses that didn't cause adverse effect on these organs have been established. No effects were seen on the testis at a dose of 4.8 milligrams/kg bw/day in a rat study, which extended over 3 generations. In a long-term study in rats no effects were seen in the kidney at doses in the range 29-36 milligrams/kg bw/day. Laboratory tests suggest that DEHP does not cause damage to the inherited genetic materials in cells (chromosomes and DNA). Adverse effects are also seen in the liver of rats and mice, including liver cancer, but studies have indicated that the mechanism by which phthalates cause liver damage is not relevant for humans. Thus there does not seem to be concern for liver cancer in humans. DEHP also causes tumours in the testis and white blood cells (leukaemia) in rodents but the relevance of these effects for humans is not known. Adverse effects are also seen in the liver of rats and mice, including liver cancer, but studies have indicated that the mechanism by which phthalates cause liver damage is not relevant for humans. Thus there does not seem to be concern for liver cancer in humans. DEHP also causes tumours in the testis and white blood cells (leukaemia) in rodents but the relevance of these effects for humans is not known. 6. Does DEHP pose risks to human health? The human population may be exposed to DEHP by swallowing it, for example in food, by breathing it in, and, to a much lesser extent, by skin contact. Risks are assessed by dividing worst-case exposures to the exposures at which no harmful effects were observed in animal studies. This gives the margin of safety (MOS). 6.1 Are workers at risk from exposure to DEHP? The exposure of people working in industries where DEHP is produced or used has been estimated, and the highest exposures have been estimated for those working in industries using end -products containing DEHP. It is assumed that such working conditions involve relatively high temperatures, generation of aerosols and considerable skin contact. It is concluded that DEHP is of no concern for workers with respect to acute toxicity, irritation, skin sensitisation, cancer or effects on the inherited genetic material of cells. However, for those workers who repeatedly inhale, or have skin contact, DEHP might have toxic effects on the testis, fertility and kidney. There is also concern for toxic effects on the Attach. 09 //www.greenfacts.org/ Copyright © Green Facts page 7/9 embryo and fetus that could occur from shorter term exposures, if exposure occurs during pregnancy. 6.2 Are consumers at risk from exposure to DEHP? For adult consumers the exposure scenarios considered important include indoor air, car interiors, and the use of PVC gloves. The margins of safety for these and other pathways of exposure are sufficiently high in order to give no concern for toxic effects. For children the exposure scenarios considered important include indoor air, car interiors, child-care articles and toys, taking into account the transfer of DEHP into the saliva as a result of mouthing and sucking. It is concluded that there is concern for effects on the testis, fertility, and kidney if there is repeated exposure via the aforementioned products. The exposure to DEHP via the use of medical equipment represents a health risk for both adults and children. This risk depends on the medical treatment, with the highest risk being associated with long-term haemodialysis for adults, or long-term blood transfusion and blood oxygenation outside of the body for children and newborns. The testis, fertility and kidney as well as the embryo and fetus could be affected. Editor's note: DEHP has been banned in 2007 in the EU for usage in toys and childcare products. 6.3 Are people at risk from environmental exposure to DEHP? Environmental scenarios take account the exposure to DEHP via consumption of contaminated food, which includes breast milk and infant formula. For children and adults not living in the vicinity of industrial sites producing or processing DEHP there are no concerns about exposures to DEHP via air or soil. For adults living near industrial sites producing or using DEHP there are no concerns. For children living near such industrial sites, there is concern for effects on the testis, fertility, and kidney in case of repeated exposure via food grown locally. Similarly, the testes of children living near sewage treatment plants or paper recycling plants, might be affected if locally grown food is consumed. There are no concerns for newborns or infants exposed via infant formula or breast milk. 7. Are further research and additional risk reduction measures needed? Environment There is still a need for further information and/or testing, especially for aquatic and terrestrial ecosystems, however, it is stated that current risk reduction measures are sufficient, if applied properly. For animals feeding on the aquatic or terrestrial food chains Attach. 09 //www.greenfacts.org/ Copyright © Green Facts page 8/9 there are concerns and there is a need for risk reduction measures, taking into account any that are already in place. Further information or testing to refine the risk assessment for aquatic organisms living in sediment or terrestrial organisms living in soil may remove some of the concern but such data may be unnecessary if appropriate risk reduction measures are taken for these food chains. Workers For workers, repeatedly exposed to DEHP by inhalation or skin contact, there is concern that the testis, fertility, and kidney may be affected. Similarly, there might be adverse effects on the embryo or foetus during pregnancy even with shorter exposure times. For workers, there is a need for risk reduction measures due to concerns about effects on the testes, fertility and kidneys from repeated exposure via inhalation or the skin, and effects on the embryo and fetus when exposure occurs during pregnancy. It is possible that in some industrial premises the worker protection measures that are already in place are adequate. Consumers For consumers, there is a need for risk reduction measures due to concerns about effects on the testis, fertility, and kidney for children exposed orally via toys, child-care articles and other multiple routes of exposure. Risk reduction measures which are already being applied shall be taken into account. Similarly, risk reduction measures are needed due to concerns about effects on the testis and fertility for children undergoing long-term blood transfusion or neonates undergoing transfusion who are exposed to DEHP via medical equipment.. There are also concerns for adults undergoing long-term haemodialysis for effects on the testis, fertility, kidney, and on the embryo and fetus during pregnancy. Risk reduction measures which are already being applied shall be taken into account. People exposed via the environment There is a need for risk reduction measures due to concerns for effects on the testis, fertility, and kidney in children exposed via food grown near sites that use DEHP or that process products that contain DEHP, and due to concerns about effects on the testis in children exposed via food grown near sewage treatment plants or paper recycling plants. Risk reduction measures which are already being applied shall be taken into account. Attach. 09 http://www.greenfacts.org/ Copyright © GreenFacts page 9/9 Annex Annex 1: Consumption of plasticisers in Europe in 2008 Other Plasticiser 6% Other Phthalates ions Plasticisers in Europe in 2008 Source: GreenFacts, based on data provided by the European Council for Plasticisers and Intermediates. Attach. 09 5.3 _ Disposal Area The proposed disposal area is located on site between Zeb Alley Road and Cashiers lake road (Figure 3.0). Dredge spoil material would be transported by dump truck to the site. There will be no stream or wetland impacts associated with the dredged spoil location. 5.4 Bulkhead & Dredte Disposal Within the Lake Bed The applicant proposes to construct three bulkheads (Figure 3.0). Approximately 0. 18 acre of wetland and 1.41 acres of open water would be impacted by using suitable dredged material within the lake bed to create upland areas. 5.5 Dock Construction Two docks (Figure 3) would be constructed in a manner that would not cause impact to the open water (driven or jetted piles). The final dock design and location would be finalized at a later date. 5.6 Residential & Hotel The applicant proposes the development of a mixed-use community with approximately 55 residential lots and a hotel (Figure 3.0). The final design for the hotel is not complete, however, the facility is expected to have 90-100 rooms. Additional amenities associated with the hotel include bike paths, a boardwalk, pedestrian paths, fitness center, swimming pool, spa, chapel, and a sales and rental center. 5.7 Utility Crossing The applicant is proposing one temporary impact associated with the sewer line. The utility corridor is 30 feet wide. The utility line will be installed in the dry There is an existing sewer line on-site already that is connected to the existing waste water treatment plant, which is located adjacent to the Cashiers Canoe Club Development, LLC property. {Figure (3. ???). 5.8 Future Site Development The proposed project would provide secondary benefits to any future residential or commercial development at Cashiers Lake. Future additional development plans have not been finalized; however, impacts associated with residential and commercial development are limited to 100 linear feet of stream and 0.01 acre of wetland strictly for the purposes of access via road crossings. The culvert crossings will be installed in the dry (Figure 3.2) The applicant understands that any construction in streams or wetlands would constitute a jurisdictional impact that is subject to permitting by the US Army Corps of Engineers (Corps) and the NC Division of Water Resources (DWR). Based on NCDEQ, HQW rules, a stormwater management pian would be required for additional development on the Cashiers Canoe Club Development, LLC property regardless of whether or not stream and wetland impacts occur. 10 6.0 DISCUSSION OF ALTERNATIVES This discussion of alternatives is submitted by the applicant to assist the Wilmington District, Corps in evaluating the application for authorization to discharge dredged or fill material into waters of the United States, including wetlands, under Section 404 of the Clean Water Act, 33 U.S.C. § 1344 at the proposed project site. 6.1 Alternatives — As -Proposed The applicant proposes to maintenance dredge Cashiers Lake to restore the historic open water conditions. The project also includes the development of a resort hotel and residential community. A cumulative total of 100 linear feet of stream impact, 6.96 acres of wetland impact, and 18.78 acres of open water impact would result from proposed activities. 6.2 Alternatives — No Action The proposed maintenance dredging project would not be able to be completed without impacts to waters of the US and jurisdictional wetlands. The Corps requires that a No -Action Alternative be analyzed which takes into account the "predictable actions," if any, that may occur should the Corps decide not to act. If the Corps chose not to act, a Section 404 permit would not be authorized for the site, and the lake would not be dredged. Sediment would likely continue to accumulate in the lake. The project purpose and need would not be met. 6.3 Avoidance and Minimization Impacts from dredging activities would be minimized by slowly lowering the water level in the take by draining water from the top down using a pump and hose or siphon. During dredging, the stream will be diverted to the edge of the lake and isolated from the lakebed by the construction of a toping berm. A summary of the avoidance and minimization that has taken place on site is as follows: Feature On -Site Totals Proposed lm acts Percent Avoided and Minimized Stream 5,332 LF 100 LF 98% Wetland 12.31 AC 6.96 AC 43% While the project will impact streams and wetlands, the overall impact to stream resources on-site for the project is minimal (impacts to less than 2 percent of streams on-site). The wetland impact from maintenance dredging is offset by adequate mitigation. during dredging. The proposed project includes the installation of a sediment basin adjacent to the existing lake outlet and a diversion channel to minimize effects of the dredging with the stream. Dredging of Cashiers Lake would occur while the water level in the lake is lowered. Dredge spoil material would be disposed of at an upland location (Figure 3.0). Sediment and erosion control measures and hest management practices would be utilized on site to prevent sediment from leaving the disposal area. 8.2.3 Water ualit The proposed dredging should not cause increased chemical contamination levels within the aquatic ecosystem. Specifically, changes in clarity, color, odor, and taste of water in addition to possible chemical contamination would be minimized or reduced. All discharges of dredged and fill material would be controlled with a sediment and erosion control plan. The applicant is concurrently applying for a DWR, Water Quality Certification. 8.2.5 Normal Water Fluctuations The proposed dredging project is not anticipated to have any significant effect on the downstream hydrologic regimes. Stream flow would remain below the dam during the dredging project. There are no stream or wetland impacts associated with the disposal of dredged material. 8.2.6 Salini Because this project is located inland and away from tidally influenced waters and wetlands, no modification to the salinity of on-site or adjacent waters is expected. 8.3 Potential Impacts to Biological Characteristics of the Ecosystem Sub -Part ❑ of the 40 G.F.R. 230 guidelines specify three areas of concern in which disposal of dredge and fill material can affect the biological components of the ecosystem. These components are threatened and endangered species, fish, crustaceans, mollusks, other aquatic organisms in the food web, and wildlife. 'fable 2 — Potential Impacts on Biological Characteristics Minor Minor No Negligible Ef'f'ect Effect Major Biological Characteristics NIA Effect Effect (Short (Long Effect Term) Term) Threatened and X Endangered Species Fish, Crustaceans, X 15 8.4.5 Coral Reefs Dredging has the potential to negatively affect coral reefs. Coral reefs typically exist within marine ecosystems. Coral reefs do not exist within the project vicinity; therefore, no impacts to this ecosystem would occur as a result of development at the proposed project site. 8.4.6 Riffle -Pool Complexes Dredging in riffle -pool complexes has the potential to negatively affect water quality and wildlife value. Riffle -pool complexes are not present in the dredging area or at the upland disposal area; therefore, no impacts to this ecosystem would occur as a result of development at the proposed site. Proposed stream impacts will occur in the dry by utilizing a pump around system and apparatus (Figure 3.2). Culverts will be installed in accordance with best management practices and will incorporate an appropriate aquatic passage. 8.5 Potential Effects on Human Use Characteristics Sub -Part F of the 40 G.F.R. 230 guidelines address potential effects on human use of wetlands and waterways. Factors including water supply, recreational and commercial fisheries, water -related recreation, aesthetics, and parks and similar preserves are considered within this portion of the guidelines. Table 4 — Potential Impacts on Human Use Characteristics Minor Minor No Negligible Effect Effect Human Use Characteristics NIA Effect Effect (Short (Long Major Effect Term) Term) Municipal and Private X Water Supplies Recreational and X Commercial Fisheries Water -Related Recreation X Aesthetics X Parks, National and Historical Monuments, National Seashores, X Wilderness Areas, Research Sites, and Similar Preserves 1L] 8.5.1 Municipal and Private Water Supply Existing private wells will be used for this project. The public water supply would not increase or decrease due to activities at the proposed project site or the disposal area. 8.5.2 Recreational and Commercial Fisheries Dredging has the potential to negatively affect recreational and commercial fisheries. Jurisdictional waters on site are not a part of any recreational or commercial fishery, Activities taking place at the proposed project site would not adversely impact recreational or commercial fisheries. 8.5.3 Water -Related Recreation Activities taking place at the proposed project site may increase private recreational use of open water within the residential community but will not increase or decrease public waterborne recreation in the project boundary or vicinity. 8.5.4 Aesthetics Aesthetically, the proposed development will be no different from any other amenity -based developments in surrounding areas. The project is not expected to diminish the aesthetic value of the area or cause disharmony from an aerial or neighboring view. 8.5.5 Parks, National and Historical Monuments, National Beach Shores, Wilderness Areas, Research Sites, and Similar Preserves No parks, national or historical monuments, national beach shores, wilderness areas, research sites, or similar preserves would be affected by the proposed project. 8.6 Summary Based on the EPA guidelines identified within 40 C.F.R. 230, and enumerated herein, a number of potential environmental impacts have been presented and subsequently addressed. The proposed permanent impact to a cumulative total of 144 Iinear feet of unnamed tributaries to the Chattooga River, 6.96 acres of wetland, and 18.78 acres of open water will not cause any off site adverse impacts. Mitigation offered through payment in to the DMS will compensate for any on-site impacts. 20 15A NCAC 02L.0102 DEFINITIONS The definition of any word or phrase used in these Rules shall be the same as given in G.S. 143-212 and G.S. 143-213 except that the following words and phrases shall have the following meanings: (1) 'Bedrock" means any consolidated rock encountered in the place in which it was formed or deposited and which cannot be readily excavated without the use of explosives or power equipment. (2) "Commission" means the Environmental Management Commission as organized under G.S. 143B. (3) "Compliance boundary" means a boundary around a disposal system at and beyond which groundwater quality standards may not be exceeded and only applies to facilities which have received a permit issued under the authority of G.S. 143-215.1 or G.S. 130A. (4) "Contaminant" means any substance occurring in groundwater in concentrations which exceed the groundwater quality standards specified in Rule .0202 of this Subchapter. (5) "Corrective action plan" means a plan for eliminating sources of groundwater contamination or for achieving groundwater quality restoration or both. (6) "Director" means Director of the Division of Environmental Management. (7) "Division" means the Division of Environmental Management. (8) 'Exposure pathway" means a course taken by a contaminant by way of a transport medium after its release to the environment. (9) "Free product" means a non -aqueous phase liquid which may be present within the saturated zone or in surface water. (10) "Fresh groundwaters" means those groundwaters having a chloride concentration equal to or less than 250 milligrams per liter. (11) "Groundwaters" means those waters occurring in the subsurface under saturated conditions. (12) "Hazardous substance" means any substance as defined by Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). (13) "Licensed geologist" means a person who has been duly licensed as a geologist in accordance with the requirements of G.S. 89E. (14) "Natural remediation" means those natural processes acting to restore groundwater quality, including dilution, filtration, sorption, ion -exchange, chemical transformation and biodegradation. (15) "Practical Quantitation Limit" means the lowest concentration of a given material that can be reliably achieved among laboratories within specified limits of precision and accuracy by a given analytical method during routine laboratory analysis. (16) "Natural conditions" means the physical, biological, chemical and radiological conditions which occur naturally. (17) "Potable waters" means those waters suitable for drinking by humans. (18) "Professional Engineer" means a person who has been duly registered and licensed as a professional engineer in accordance with the requirements of G.S. 89C. (19) "Receptor" means any human, plant, animal, or structure which is, or has the potential to be, adversely effected by the release or migration of contaminants. Any well constructed for the purpose of monitoring groundwater and contaminant concentrations shall not be considered a receptor. (20) "Review boundary" means a boundary around a permitted disposal facility, midway between a waste boundary and a compliance boundary at which groundwater monitoring is required. (21) "Saline groundwaters" means those groundwaters having a chloride concentration of more than 250 mg/1. (22) "Saturated zone" means that part of the subsurface below the water table in which all the interconnected voids are filled with water under pressure at or greater than atmospheric. It does not include the capillary fringe. (23) "Standards" means groundwater quality standards as specified in Rule .0202 of this Subchapter. (24) "Suitable for drinking" means a quality of water which does not contain substances in concentrations which, either singularly or in combination if ingested into the human body, may cause death, disease, behavioral abnormalities, congenital defects, genetic mutations, or result in an incremental lifetime cancer risk in excess of Ix 10-6, or render the water unacceptable due to aesthetic qualities, including taste, odor or appearance. (25) "Time of travel" means the time required for contaminants in groundwater to move a unit distance. (26) "Waste boundary" means the perimeter of the permitted waste disposal area. (27) "Water table" means the surface of the saturated zone below which all interconnected voids are filled with water and at which the pressure is atmospheric. Attach. 11 History Note: Authority G.S. 143-214.1; 143-215; 143B-282; Eff. June 10, 1979. Amended Eff. October 1, 1993; August 1, 1989; July 1, 1988; March 1, 1985. Attach. 11 15A NCAC 02L.0202 GROUNDWATER QUALITY STANDARDS (a) The groundwater quality standards for the protection of the groundwaters of the state are those specified in this Rule. They are the maximum allowable concentrations resulting from any discharge of contaminants to the land or waters of the state, which may be tolerated without creating a threat to human health or which would otherwise render the groundwater unsuitable for its intended best usage. (b) The groundwater quality standards for contaminants specified in Paragraphs (h) and (i) of this Rule are as listed, except that: (1) Where the standard for a substance is less than the practical quantitation limit, the detection of that substance at or above the practical quantitation limit constitutes a violation of the standard. (2) Where two or more substances exist in combination, the Director shall consider the effects of chemical interactions as determined by the Division of Public Health and may establish maximum concentrations at values less than those established in accordance with Paragraphs (c), (h), or (i) of this Rule. In the absence of information to the contrary, in accordance with Paragraph (d) of this Rule, the carcinogenic risks associated with carcinogens present shall be considered additive and the toxic effects associated with non -carcinogens present shall also be considered additive. (3) Where naturally occurring substances exceed the established standard, the standard shall be the naturally occurring concentration as determined by the Director. (4) Where the groundwater standard for a substance is greater than the Maximum Contaminant Level (MCL), the Director shall apply the MCL as the groundwater standard at any private drinking water well or public water system well that may be impacted. (c) Except for tracers used in concentrations which have been determined by the Division of Public Health to be protective of human health, and the use of which has been permitted by the Division, substances which are not naturally occurring and for which no standard is specified shall not be permitted in concentrations at or above the practical quantitation limit in Class GA or Class GSA groundwaters. Any person may petition the Director to establish an interim maximum allowable concentration for a substance for which a standard has not been established under this Rule. The petitioner shall submit relevant toxicological and epidemiological data, study results, and calculations necessary to establish a standard in accordance with Paragraph (d) of this Rule. Within three months after the establishment of an interim maximum allowable concentration for a substance by the Director, the Director shall initiate action to consider adoption of a standard for that substance. (d) Except as provided in Paragraph (f) of this Rule, groundwater quality standards for substances in Class GA and Class GSA groundwaters are established as the least of: (1) Systemic threshold concentration calculated as follows: [Reference Dose (mg/kg/day) x 70 kg (adult body weight) x Relative Source Contribution (.10 for inorganics; .20 for organics)] / [2 liters/day (avg. water consumption)]; (2) Concentration which corresponds to an incremental lifetime cancer risk of 1x10-6; (3) Taste threshold limit value; (4) Odor threshold limit value; (5) Maximum contaminant level; or (6) National secondary drinking water standard. (e) The following references, in order of preference, shall be used in establishing concentrations of substances which correspond to levels described in Paragraph (d) of this Rule. (1) Integrated Risk Information System (U.S. EPA). (2) Health Advisories (U.S. EPA Office of Drinking Water). (3) Other health risk assessment data published by the U.S. EPA. (4) Other relevant, published health risk assessment data, and scientifically valid peer-reviewed published toxicological data. (f) The Commission may establish groundwater standards less stringent than existing maximum contaminant levels or national secondary drinking water standards if it finds, after public notice and opportunity for hearing, that: (1) more recent data published in the EPA health references listed in Paragraph (e) of this Rule results in a standard which is protective of public health, taste threshold, or odor threshold; (2) the standard will not endanger the public health and safety, including health and environmental effects from exposure to groundwater contaminants; and (3) compliance with a standard based on the maximum contaminant level or national secondary drinking water standard would produce serious hardship without equal or greater public benefit. (g) Groundwater quality standards specified in Paragraphs (h) and (i) of this Rule and interim maximum allowable concentrations established pursuant to Paragraph (c) of this Rule shall be reviewed by the Director on a triennial Attach. 12 basis. Appropriate modifications to established standards shall be made in accordance with the procedure prescribed in Paragraph (d) of this Rule where modifications are considered appropriate based on data published subsequent to the previous review. (h) Class GA Standards. Unless otherwise indicated, the standard refers to the total concentration in micrograms per liter of any constituent in a dissolved, colloidal or particulate form which is mobile in groundwater. This does not apply to sediment or other particulate matter which is preserved in a groundwater sample as a result of well construction or sampling procedures. The Class GA standards are: (1) Acenaphthene: 80; (2) Acenaphthylene: 200; (3) Acetone: 6 mg/L; (4) Acrylamide: 0.008; (5) Anthracene: 2 mg/L; (6) Arsenic: 10; (7) Atrazine and chlorotriazine metabolites: 3; (8) Barium: 700; (9) Benzene: 1; (10) Benzo(a)anthracene (benz(a)anthracene): 0.05; (11) Benzo(b)fluoranthene: 0.05; (12) Benzo(k)fluoranthene: 0.5; (13) Benzoic acid: 30 mg/L; (14) Benzo(g,h,i,)perylene: 200; (15) Benzo(a)pyrene: 0.005; (16) Bis(chloroethyl)ether: 0.03; (17) Bis(2-ethylhexyl) phthalate (di(2-ethylhexyl) phthalate): 3; (18) Boron: 700; (19) Bromodichloromethane: 0.6; (20) Bromoform (tribromomethane): 4; (21) n-Butylbenzene: 70; (22) sec-Butylbenzene: 70; (23) tert-Butylbenzene: 70; (24) Butylbenzyl phthalate: 1 mg/L; (25) Cadmium: 2; (26) Caprolactam: 4 mg/L; (27) Carbofaran: 40; (28) Carbon disulfide: 700; (29) Carbon tetrachloride: 0.3; (30) Chlordane: 0.1; (31) Chloride: 250 mg/L; (32) Chlorobenzene: 50; (33) Chloroethane: 3,000; (34) Chloroform (trichloromethane): 70; (35) Chloromethane (methyl chloride): 3; (36) 2 -Chlorophenol: 0.4; (37) 2-Chlorotoluene (o-chlorotoluene): 100; (38) Chromium: 10; (39) Chrysene: 5; (40) Coliform organisms (total): 1 per 100 mL; (41) Color: 15 color units; (42) Copper: 1 mg/L; (43) Cyanide (free cyanide): 70; (44) 2, 4-D (2,4-dichlorophenoxy acetic acid): 70; (45) DDD: 0.1; (46) DDT: 0.1; (47) Dibenz(a,h)anthracene: 0.005; (48) Dibromochloromethane: 0.4; (49) 1,2-Dibromo-3-chloropropane: 0.04; Attach. 12 (50) Dibutyl (or di -n -butyl) phthalate: 700; (51) 1,2 -Dichlorobenzene (orthodichlorobenzene): 20; (52) 1,3 -Dichlorobenzene (metadichlorobenzene): 200; (53) 1,4-Dichlorobenzene(paradichlorobenzene): 6; (54) Dichlorodifluoromethane (Freon -12; Halon): 1 mg/L; (55) 1,1-Dichloroethane: 6; (56) 1,2-Dichloroethane (ethylene dichloride): 0.4; (57) 1,2-Dichloroethene (cis): 70; (58) 1,2-Dichloroethene (trans): 100; (59) 1,1-Dichloroethylene (vinylidene chloride): 350; (60) 1,2-Dichloropropane: 0.6; (61) 1,3-Dichloropropene (cis and trans isomers): 0.4; (62) Dieldrin: 0.002; (63) Diethylphthalate: 6 mg/L; (64) 2,4 -Dimethylphenol (m -xylenol): 100; (65) Di-n-octyl phthalate: 100; (66) 1,4 -Dioxane (p -dioxane): 3; (67) Dioxin (2,3,7,8-TCDD): 0.0002 ng/L; (68) 1,1—Diphenyl(1,1,-biphenyl): 400; (69) Dissolved solids (total): 500 mg/L; (70) Disulfoton: 0.3; (71) Diundecyl phthalate (Santicizer 711): 100; (72) Endosulfan: 40; (73) Endrin, total (includes endrin, endrin aldehyde and endrin ketone): 2; (74) Epichlorohydrin: 4; (75) Ethyl acetate: 3 mg/L; (76) Ethylbenzene: 600; (77) Ethylene dibromide (1,2-dibromoethane): 0.02; (78) Ethylene glycol: 10 mg/L; (79) Fluoranthene: 300; (80) Fluorene: 300; (81) Fluoride: 2 mg/L; (82) Foaming agents: 500; (83) Formaldehyde: 600; (84) Gross alpha (adjusted) particle activity (excluding radium -226 and uranium) (85) Heptachlor: 0.008; (86) Heptachlor epoxide: 0.004; (87) Heptane: 400; (88) Hexachlorobenzene(perchlorobenzene): 0.02; (89) Hexachlorobutadiene: 0.4; (90) Hexachlorocyclohexane isomers (technical grade): 0.02; (91) n -Hexane: 400; (92) Indeno(1,2,3-cd)pyrene: 0.05; (93) Iron: 300; (94) Isophorone: 40; (95) Isopropylbenzene: 70; (96) Isopropyl ether: 70; (97) Lead: 15; (98) Lindane, (gamma hexachlorocyclohexane): 0.03; (99) Manganese: 50; (100) Mercury: 1; (101) Methanol: 4 mg/L; (102) Methoxychlor: 40; (103) Methylene chloride (dichloromethane): 5; (104) Methyl ethyl ketone (2-butanone): 4 mg/L; (105) 2 -Methylnaphthalene: 30; 15 pCi/L,; Attach. 12 (i) 0) (106) 3-Methylphenol (m -cresol): 400; (107) 4-Methylphenol (p -cresol): 40; (108) Methyl tert-butyl ether (MTBE): 20; (109) Naphthalene: 6; (110) Nickel: 100; (111) Nitrate (as N): 10 mg/L; (112) Nitrite (as N): 1 mg/L; (113) N-nitrosodimethylamine: 0.0007; (114) Oxamyl: 200; (115) Pentachlorophenol: 0.3; (116) Petroleum aliphatic carbon fraction class (C5 - C8): 400; (117) Petroleum aliphatic carbon fraction class (C9 - C18): 700; (118) Petroleum aliphatic carbon fraction class (C19 - C36): 10 mg/L; (119) Petroleum aromatics carbon fraction class (C9 - C22): 200; (120) pH: 6.5 - 8.5; (121) Phenanthrene: 200; (122) Phenol: 30; (123) Phorate: 1; (124) n-Propylbenzene: 70; (125) Pyrene: 200; (126) Selenium: 20; (127) Silver: 20; (128) Simazine: 4; (129) Styrene: 70; (130) Sulfate: 250 mg/L; (131) 1,1,2,2 -Tetrachloroethane: 0.2; (132) Tetrachloroethylene (perchloroethylene; PCE): 0.7; (133) 2,3,4,6-Tetrachlorophenol: 200; (134) Toluene: 600; (135) Toxaphene: 0.03; (136) 2,4,5 -TP (Silvex): 50; (137) 1,2,4-Trichlorobenzene: 70; (138) 1,1,1 -Trichloroethane: 200; (139) Trichloroethylene (TCE): 3; (140) Trichlorofluoromethane: 2 mg/L; (141) 1,2,3-Trichloropropane: 0.005; (142) 1,2,4-Trimethylbenzene: 400; (143) 1,3,5-Trimethylbenzene: 400; (144) 1,1,2-Trichloro-1,2,2-trifluoroethane (CFC -113): 200 mg/L; (145) Vinyl chloride: 0.03; (146) Xylenes (o-, m-, and p-): 500; and (147) Zinc: 1 mg/L. Class GSA Standards. The standards for this class are the same as those for Class GA except as follows: (1) chloride: allowable increase not to exceed 100 percent of the natural quality concentration; and (2) dissolved solids (total): 1000 mg/L. Class GC Standards. (1) The concentrations of substances that, at the time of classification, exceed the standards applicable to Class GA or GSA groundwaters shall not be caused to increase, nor shall the concentrations of other substances be caused to exceed the GA or GSA standards as a result of further disposal of contaminants to or beneath the surface of the land within the boundary of the area classified GC. (2) The concentrations of substances that, at the time of classification, exceed the standards applicable to GA or GSA groundwaters shall not be caused to migrate as a result of activities within the boundary of the GC classification, so as to violate the groundwater or surface water quality standards in adjoining waters of a different class. (3) Concentrations of specific substances, that exceed the established standard at the time of classification, are listed in Section .0300 of this Subchapter. Attach. 12 History Note: Authority G.S. 143-214.1; 143B -282(a)(2); Eff. June 10, 1979; Amended Eff. November 1, 1994; October 1, 1993; September 1, 1992; August 1, 1989; Temporary Amendment Eff. June 30, 2002; Amended Eff. August 1, 2002; Temporary Amendment Expired February 9, 2003; Amended Eff. April 1, 2013; January 1, 2010; April 1, 2005; Pursuant to G.S. 150B -21.3A, rule is necessary without substantive public interest Eff.' March 6, 2018. Attach. 12 PROJECT BOUNDARY A DENUDED LIMITS voA) A JR M"'GEMENTtLC�',, EXIST. PROPERTY LINE/ROW FILL VOLUM BV rtp 'EFS _rA -rE� EXIST. EASEMENT _n APPROX. 1,00 PROP. AREA F RISTURBANCE ....... . ..... .... . .. ...... .. . ... . ...... EsrLtc q\ FOR LAYDO "D, FOREPAY' `% 1 - ____ .- - ___1 . . . ... SALTMARSH ...... ..... . A CANOE POINT LLC CONSTRUCTION MD MAINTENANCE ACCES� . ..... . MCCARLEY f CAS LLC EXIST. MAJOR CONTOUR ----- 3470 ----- HIER9 VILLAGE ...... ...... CAFE FAMILY LTD POTTS MORRIS CA� POINT LLC PARTNERSHiP OE CASHIERS VILLAGE LLC EXIST. MINOR CONTOUR MATERIAL HAUL PATH MARSTON 3471 -- WHITE NON -TREATED TIMBER f . .... ....... .. _­ -I.-"-- - I I . :I, I I 34 MATTING OR RIP RAP AS I IMPACT#13 NEEDED TO CONNECT EXIST. TREE LINE PROP. WETLAJND FILL suRvEYED SEDIMENT ... ... . ..... 3474 % EXIST. WETLANDS DREDGE AREA TO FILL AREA . .. . ..... ....... ENCROACHMENT INTO . ...... -1998) - 0.36 AC N ;Z 3470 (1951 CASHIERS LAKE EXIST. STREAM 41 NG PROP. MATTI V, EXIST. WETLANDS FOR STABILIZATION 30'ORW BUFFER - - - - - - PROJECT BOUNDARY All, TD- TD— x TEMP. DIVERSION TEMP. DIVERSION DITCH A DITCH #2 (SEE SHEET b-04 F6K DETAILT DENUDED LIMITS PROP. MAJOR CONTOUR ESTABLISH NEW BASE CHANNEL. 0.21 AC OF STABILIZED TEMP. DIVERSION DITCH #1 AREA - 15-29 AC GRAVEL ROAD BED TO -04 FOR DETAIL) (SEE SHEET C3 PROP. MINOR CONTOUR IMPACT#3- PROP.BULKHEAD REMAIN IN PLACE AT AN & WETLAND FILL 0.10AC e ELEV. OF ±3,469'FOR PROP. SILT FENCE GARNER Bum MAINTENANCE OF FOREBAY ..... . . ......... TSB #2 DRAINAGE A�EA PROP. TURBIDITY CURTAIN x, 0 TEMP. DUAL 4W CMP BOUNDARY 6.53 AQ .. .......... ..... FOREBAY IN 30 LF @A41N 1.00/a- IMPACT #10 - PROP. DREDGING ROGERS WETLAND (1961-1998) - &28 AC ip 30' ORW FILL VOLUME _'0,PEM . . ...... BUFFER (TYP) APPROX 9,17M CY TWO (2) EXIST. bt 9. DUAL48 WAT IMPACT al -) Tlim 4* END OF 30 LF @ MIN 1.0% ELLIPTICAL ; '� 01@11 BULKHEAD m 81 x 5 T C M P-� -01) Ki TEMP. DIVER��0140, PROP. I&CONSTRUCTION COLLINS TEMP. SEDIMENT BASIN #1 IMPACT#11 DITCH #3 (SEE 'I� ACCESS ROAD (TYP) PROP. BULKHEAD & C3-04 FOR TOTAL DA - 10.34 AC DET WETLAND FILL DENUDED DA - 6.11 AC LIJ PROP� 2 4' . ...... .. Tr EXIST. GRAVEL DRIVE LEHN mmp. DIVERSION CD LL 0 (1951-1998) - 0.21 AC DREDGE CUT VOLUME STONE WEIR z uj T� DITCH APPR X. 37,000 CY #7 (SEE SHErl W M PROP. BULKHEAD C3-04 FOR DETAIL) Lij W TOP OF WALL ±3474' EXIST. WALL TO ST. 20'SAN ........... BE REMOVED EASEMENT r NOR CASHIER S LAKE PROP. BAFFLE (TYP ... . ....... ...... ... TEi Dk) �#S j�SE EM E E%T,'--' . ..... ... ........ ..... EXIST. 2VA S. POOL ELET ±3471 MAL ...... ... EXIST. 4USANITARY '04' 0.0. CCES EASEMENT EWER EASEME NT . ... . ...... IMPACT #9 .. .. ... . .. . . .. . IMPACT #12 PROP. WETLAND FILL HOLLEY . ... ....... (1951-1998) 0.03 AC WETLAND (1 140 . ......... TING TEMP. DIVERSION -CH #6 (SEE SHEET SINGLE ROW SILT DITCH #4��(SEE,SHEET; DI VAT A' MOLL�.AR EXIST. GRAVEL EXIST. MANOR -04 FOR D -- ----- FENCE (TYP) C3-04 FOR DETAIL) 'HOUSE C3 gyp) PROP. WMW < FILL IOLU -Bp PROP. NON -TREATED APPROX. 22,500 CY ... . ..... ...... .. MATTING OR RIP RAP FOR 'A TEMPORARY CAUSEWAY AS ENDOF-,., NEEDED TO ACCESS ALL' DREDGING AREAS (Typ) BULKHEAD .......... TO BE REMOVED AFTER DREMNG %Z PROP. 1 4 - EXIST. TREE LINL STONE WEIR ... ............ � . .......... . ..... 1998�PRESENT .1 ..... EXIST. LAKE EDGE URB101 SURVEYED SEDIMENT T -Y EXIST JACKSON COUNTY ENCROACHMENT INTO CASHIERS LAKE G�VEL .341 ... . ...... 15z - SEDIMENT APPROX. DENUDED OUTPARCEL FILL VOLU 50 7 TE�p NEWTON EXIST. DOCK TO PROP. 16CONSTRUCTION LR�ITS BASIN #2 BE REMOVED SUPER SILT AREA 3.58 XC. TOTAL DA 6.53 AC ACCESS ROAD (TYP) PENCE (TYP) 1. DENUDED DA 2.91 AC TSB #1 DRAINAGE AREA BOUNDARY 10.34 AC 'PROP. SILT FENCE (TYP) . ...... .... .. ........ EAj EXIST. OVEF XIST. WOODED AR 1HEAD . . ....... EXIST. FORCEMAIN 7 (TYP) E: E. ..... XIST. GRAVEL ROAD UTILMES (TYP) EXIST. GRAVEL DR IVE /* (WIDTH VARIES) .. ....... . ...... -3 3UTROUT 30'TROUT UFFER(TYP)//,- . . .... ;'EXIST. BUILDING ER (TYP) (Typ) .. .. ... .... . ... ..... . . EXIST'. 2wSAN'ITARY 11L 4 .... ..... . SEWER EASEMENT UILDING EXIST. B McCALL (TYP) EXIST. WETLANDS SEWER EASEMENT 61ST GRAVEL ROAD (Typ) EXIST. 16'SANITARY (W&� VARIES) ....... . . .. . ....... . .. ... .. . ....... ... . ...... JACKSON COUNTY ....... . ..... . . . ........ ...... . ..... r . . ... ..... . . ...... COMMANDER LEHN LLC ---------- ROGERS .... .... . .. TROUT .. ........ ... BUFFER (TYP) BUFFER(Typ) 30' 30 CASHIERS ------ DEVELOPMENT LLC . ...... ------------ ....... ... .... ...... ..... ..... ...... EXIST. STREAM (TYP) 0 0 EXIST. BUILDING, - ----- G, (Typ)- NOTE: CULVERTS AT THE ROAD CROSSINGS . ... ...... THE CULVERTS SHALL BE RCP TO PROVIDE . . . . . ........ ..... ...... ...... MOVEMENT OF AQUATIC LIFE, SUFFICIENT .. ..... . .... .. .... ....... .. . .... .... ... WA L ALL FLOW REGIMES SO AS TO .. ..... . . ...... ACCOMMODATE BOTH THE UPSTREAM AND TER DEPTH SHOULD BE MAINTAINED IN <IST- WETLANDS C\-, TO R 4AIN WHELAN ... . ... .... DOWNSTREAM MOVEMENT OF AQUATIC SPECIES. WATER DEPTH INSIDE THE CULVERT MUST BE ADEQUATE FOR FISH TO CASHIERS BEFORE YOU DIGI CALL 1-800-632-4949 N.C. ONE -CALL CENTER BE COMPLETELY IMMERSED AND ALL OTHER DEVELOPMENT LLC 4 AQUATIC LIFE TO MOVE FREELY. THE IT'S THE LAW1 ---- --- - ----- - - ----- f CULVERT SHALL BE INSTALLED AT THE SAME ...... . ...... SLOPE AS THE STREAM GRADE TO MAINTAIN ..... . . ..... ...... 4p AN ACCEPTABLE WATER VELOCITY FOR AQUATIC LIFE PASSAGE AND FOR STREAM SUBSTRATE CHARACTERISTICS TO BE RETAINED WITHIN THE CULVERT. 41412092:29PM DAVIDGASTEL 0:120IN118068LCASHIERS LAKE MASTER RAN & PERMrMNGCADkC0NSTRUCT1ON DOCUMENTS119-1-29 PLN-EROSK)NCONTROLDWG �100000, TUCKASEIGEE WATER 000' KIN'SEY & SEWER AUTHORITY r LandDesign. 100 S. ORANGE AVE., SUITE 700 ORLANDO, FL 32801 407.270,7800 WWW.LANDDESIGN.COM ENG. FIRM LICENSE # C-9520 S JL Z, CORPORATE SEAL c P�'?, PROJECT CASHIERS LAKE DREDGING PLAN CASHIERS TOWNSHIP JACKSON COUNTY, NC LANDDESIGN PROJA 8118068 REVISION I ISSUANCE DESIGNED BY: MBT DRAWN BY: MBT CHECKED BY: RRW SCALE NORTH VERT: N/A HORZ: 1"=100' 0 51Y low 200' SHEET TITLE I : a 061".3 [012 10919129 11111 :101 a -a wl"L SHEET WMSER C3-00