§ 152.034 WELLHEAD PROTECTION OVERLAY DISTRICT/WELLHEAD PROTECTION PLAN.
   (A)   Background.
      (1)   In 1986, Safe Water Drinking Act (SWDA) amendments added Section 1428, “State Programs to Establish Wellhead Protection Areas”, which requires each state to develop a program to “protect wellhead areas within their jurisdiction from contaminants which may have any adverse affects on the health of persons.” The term wellhead protection area is defined in the law as “the surface and subsurface area surrounding a water well or well field, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or well field.” North Carolina’s Environmental Protection Agency (EPA) approved Wellhead Protection Program (WHPP) provides technical support to local governments and public water supply systems in their endeavors to develop and implement their own wellhead protection plans.
      (2)   The state’s objective in developing a protection plan is to provide a process for public water system operators to learn more about their groundwater systems and how to protect them. Wellhead protection plans allow communities to take charge of protecting the quality of their drinking water by identifying and carefully managing areas that supply groundwater to their public wells.
      (3)   Regulations of the Division of Water Resources (DWR), under the Department of Environmental Quality require wellhead protection measures for any public water supply wells to be used as a community or non-transient, non-community water system to meet the following requirements:
         (a)   The well shall be located on a lot so that the area within 100 feet of the well shall be owned or controlled by the person supplying the water. The supplier of water shall be able to protect the well lot from potential sources of pollution and to construct landscape features for drainage and diversion of pollution.
         (b)   The minimum horizontal separation between the well and known potential sources of pollution shall be as follows:
            1.   One hundred feet from any sanitary sewage disposal system, sewer, or a sewer pipe unless the sewer is constructed of water main materials and joints, in which case the sewer pipe shall be at least 50 feet from the well;
            2.   Two hundred feet from a subsurface sanitary sewage treatment and disposal system designed for 3,000 or more gallons of wastewater a day flows, unless it is determined that the well water source utilizes a confined aquifer;
            3.   Five hundred feet from a septage disposal site;
            4.   One hundred feet from buildings, mobile homes, permanent structures, animal houses or lots, or cultivated areas to which chemicals are applied;
            5.   One hundred feet from surface water;
            6.   One hundred feet from a chemical or petroleum fuel underground storage tank with secondary containment;
            7.   Five hundred feet from a chemical or petroleum fuel underground storage tank without secondary containment;
            8.   Five hundred feet from the boundary of a ground water contamination area;
            9.   Five hundred feet from a sanitary landfill or non-permitted non-hazardous solid waste disposal site;
            10.   One thousand feet from a hazardous waste disposal site or in any location which conflicts with the North Carolina Hazardous Waste Management Rules cited as 15A NCAC 13A;
            11.   Three hundred feet from a cemetery or burial ground; and
            12.   One hundred feet from any other potential source of pollution.
         (c)   The Department may require greater separation distances or impose other protective measures then necessary to protect the well from pollution; the Department shall consider as follows:
            1.   The hazard or health risk associated with the source of pollution;
            2.   The proximity of the potential source to the well;
            3.   The type of material, facility or circumstance that poses the source or potential source of pollution;
            4.   The volume or size of the source or potential source of pollution;
            5.   Hydrogeological features of the site which could affect the movement of contaminants to the source water;
            6.   The effect which well operation might have on the movement of contamination; and
            7.   The feasibility of providing additional separation distances or protective measures.
         (d)   The lot shall be graded or sloped so that surface water is diverted away from the wellhead. The lot shall not be subject to flooding.
         (e)   When the supplier of water is unable to locate water from any other approved source and when an existing well can no longer provide water that meets the requirement of this section, a representative of the division may approve a smaller well lot and reduced separation distances for temporary use.
      (4)   In addition, communities are encouraged to establish wellhead protection plans, which include the following:
         (a)   The formation of a wellhead protection committee to establish and implement the wellhead protection program whose role it is to conduct a potential contaminant source inventory, provide options for the management of the WHP area, seek public input into the creation of the WHP plan, seek approval of the WHP program and to implement the WHP program;
         (b)   Delineation of the contributing areas of the water sources;
         (c)   Identification of potential contamination sources within the wellhead protection area;
         (d)   Develop and implement wellhead protection area management actions to protect the water sources;
         (e)   Develop an emergency contingency plan for alternative water supply sources in the event the groundwater supply becomes contaminated and emergency response planning for incidents that may impact water quality;
         (f)   Development of a public education program; and
         (g)   Conduct new water source planning to insure the protection of new water source locations and to augment current supplies.
      (5)   Wellhead protection for public water supply wells is a voluntary program, but water systems across the state are encouraged to take the above steps in protecting all groundwater sources. The Public Water Supply Section (PWSS) provides the final approval for WHP programs. The North Carolina Wellhead Protection Program Coordinator is:
         M. Gale Johnson, P.G.
         Public Water Supply Section
         1634 Mail Service Center
         Raleigh, North Carolina 27699-1634
         Phone 919-707-9083
         Fax 919-715-4374
   (B)   Introduction. The town is located in the northwest quadrant of Avery County in the Appalachian Highlands 3,739 feet above sea level (Banner Elk Development Plan, 1967). High peaks and rugged ridges surround the town. The town is known for its proximity to major ski resort areas and is home to Lees-McRae College. The town has 1,146 customers via 621 connections with an average daily usage of 233,000 gallons per day. The town currently gets its water from four wells and one ground storage tank with a total storage capacity of 500,000 gallons. Water treatment consists of Sodium Hypochlorite for microbial disinfection, Polyphosphate for iron sequestration and Sodium Hydroxide for pH adjustment. The town currently contracts an independent company for well system operations.
   (C)   Planning team. The following people have been designated or volunteered to serve as the Wellhead Protection Committee (WPC):
 
Name
Position
Rick Owen
Town Manager
Earl Turbyfill
Public Works Director
Harold Shell
ORC, Water Quality Labs
Justin Hodges
Water Resources
Brian Grogan
NC Rural Water Association
 
   (D)   Responsibilities for the WHP plan.
      (1)   The positions responsible for implementing the program are the Town Council. They have accepted the recommendations made in the program by the WPC and the Council has granted the Town Manager, the authority to implement the plan and to approve any revisions that may be necessary to obtain approval from the Public Water Supply Section (PWSS).
      (2)   The Town Council will begin implementation of the plan immediately following its approval by the PWSS of the North Carolina Department of Environmental Quality (NCDEQ) and will complete implementation within 90 days.
   (E)   Needs and goals.
      (1)   Long-term goals and visions.
         (a)   Provide safe drinking water for all town water customers;
         (b)   Approval of the town’s wellhead protection program by the Public Water Supply Section of the North Carolina Department of Environmental Quality; and
         (c)   Provide for security of well houses and site property.
      (2)   Problems and needs identified.
         (a)   To provide protection of the town water resources at present and into the future;
         (b)   Educate town water customers on groundwater and how to protect it; and
         (c)   Develop an overlay zoning district to add protection and control growth and development within the wellhead protection area.
   (F)   Delineation of the wellhead protection area.
      (1)   Delineation of the wellhead protection areas involves making an inventory of all public water supply (PWS) wells included under the plan and gathering basic information about each well. The most important part of this step is to identify the area that must be managed to reduce the likelihood of contamination of your well, the wellhead protection area (WHPA).
      (2)   The modified calculated fixed radius method was used to establish the wellhead protection area for the town. Circular wellhead zones were delineated around each of the pumping wells using the following equations:
 
Acmax
=
Qmpw
W
Acmax
=
The maximum contributing area, in square miles
Qmpw
=
The maximum permitted daily withdrawal in gallons per minute (based on a 720-minute per day pumping cycle, although the cycle is typically less than 320 minutes/day)
W
=
Estimated average recharge rate to the surficial aquifer. In the town area, the value is estimated to be 600,000 gallons per day per square mile, (Heath and Johnson, 2001).
 
      (3)   The radii of circular protection areas (r, in feet) are found by the formula:
         
      (4)   Because transmissivity may be directional due to cracks or foliations in the bedrock, the area was doubled for all wells except well 3. It is assumed that well 3 will have infinite recharge due to the close proximity to the river. The resulting circular wellhead protection areas were then modified to account for the terrain and drainage patterns exhibited on a topographical map of the area, thus resulting in larger and extended shape of the protection area. The final wellhead protection area consists of two separate areas on each side of the river. Maps of the wellhead protection areas are located in this section.
Table 1. Well and Delineation Information
Well
Yield (Qmpw)
Acmax (mi2)
Acmax (mi2)
Radius
Gallons/ Minimum
Gallons/Day
Miles
Feet
Table 1. Well and Delineation Information
Well
Yield (Qmpw)
Acmax (mi2)
Acmax (mi2)
Radius
Gallons/ Minimum
Gallons/Day
Miles
Feet
1
110
79,200
.13
.26
.29
1,531
2
60
43,200
.07
.14
.21
1,130
3
200
144,000
.24
na1
.28
1,459
5
165
118,800
.20
.40
.36
1,875
1   The radius for well 3 was not doubled due to assumed infinite recharge from the river
2   There are no available copies of well records or pump tests for town wells. Information on pump rates, depth and date drilled was taken from SDWIS database
 
   (G)   Potential contaminant source inventory. A potential contaminant source (PCS) is any substance or activity that could adversely affect the quality of your drinking water supply. The PCS inventory is a complete listing, including mapped locations, of past and present land use activities within the wellhead protection area (WHPA) that threaten ground-water quality.
      (1)   NC SWAP reports (source water assessment and protection). The source water assessment program (SWAP) information is compiled by the Public Water Supply (PWS) Section from available electronics PCS databases with state-wide coverage obtained from various state agencies. The SWAP information is an extremely valuable starting point for conducting a PCS inventory. However, it is not a comprehensive database of all PCSs. Because it includes only those databases with state-wide coverage that are available to the PWS Section in an electronic format, PCS information specific to the area of interest may not be included. Databases (both hard copy and electronic) maintained by local, county, state, and federal agencies may contain information about known PCSs occurring within the WHPAs (such as, areas of pesticide or fertilizer application, pesticide storage areas, landfills or dumps, inactive hazardous waste sites, underground storage tanks, above ground storage tanks, areas with septic systems, improperly constructed/abandoned wells, and the like). The NC SWAP report was reviewed by the WPC and the susceptibility for all four wells was ranked by the NC PWS Section as moderate. It is important to understand that a susceptibility rating of moderate does not imply poor water quality. Susceptibility is an indication of a water supply’s potential to become contaminated by the identified PCSs within the assessment area. The town’s SWAP report can be located at the following website: http://www.ncwater.org/files/swap/SWAP_Reports/0106015_7_2_2015_85_11.pdf.
      (2)   Pre-sanitary landfills. The landfills that appeared on the waste management pre-sanitary landfill data base were surveyed and it was determined by the WPC that no such facilities were within the WHPAs.
      (3)   State solid waste facilities. According to the solid waste database, there were no solid waste facilities located in the town’s WHPAs.
      (4)   Underground injection control (UIC). According to the UIC database, there were no UIC facilities located in the town’s WHPAs.
      (5)   Animal operations (swine). It was determined by the WPC that the animal operations which appeared on the database were not within the WHPAs.
      (6)   State NPDES permit database. It was determined by the WPC that the state NPDES permits which appeared on the database were not within the WHPAs.
      (7)   Local database search. The County Emergency Management Director, David Charles Vance (828) 733-8213 was contacted concerning SARA Title III Tier II facilities that might occur within the WHPA. SARA stands for Superfund Amendments and Reauthorization Act of 1986 and is regulated by the Environmental Protection Agency, EPA. The purpose of this tier II reporting is to provide state and local officials and the public with specific information on hazardous chemicals present at a given facility during a specific time period.
      (8)   PIRF incidents. The PIRF database contains information regarding the release of pollutants into the environment that have or are likely to have, impact on the groundwater resources of the state. The initial information regarding these releases is usually obtained from concerned citizens or responsible parties, who report the release to the Department of Environmental Quality. After an incident is reported, regional office staff investigates the reported incident and enter the results of their investigation into a state-wide database. This database contains an inventory of reported incidents from a variety of sources, such as leaking storage tanks, tanker spills, animal feedlots, stockpiles, and the like. Substances released into the environment include gasoline and other related compounds, chemicals, nitrates, pesticides, and other organic and inorganic contaminants. There are two main sources for this data. The Division of Waste Management, underground storage tank section, provided information on the pollution incidents that resulted from a leaking underground storage tank. The Division of Water Resources, aquifer protection section provided information on all other pollution incidents. Two PIRF incidents were identified within the WHPA. A summary of these events is located in this section.
      (9)   Septic tanks. The County Health Department is responsible for inspection of all septic tanks in the county. The town operates a sanitary sewer system with most homes and businesses located in the WHPA on this system. Any homes and businesses that are determined to be connected to septic tanks will be given a brochures covering proper maintenance of their septic system and any other educational materials that the town may find to be beneficial.
      (10)   Abandoned wells. The town has taken well 4 out of service due to surface water infiltration and properly abandoned in accordance with standard #15A NCAC 2C.0110. The town is also looking at ways to encourage property owners to abandon any well no longer being used.
      (11)   Windshield survey. Based upon the information found through the database searches, the WPC conducted a windshield survey of the entire WHPA to identify each potential contamination source (PCS) found and also any other facilities or activities that exist within the WHPA. On-site visits were made and additional information was obtained regarding quantity and types of contaminants kept onsite. Table 2 shows the potential contaminant sources identified along with quantities and types of contaminants found at the site. Each potential contaminant site was assigned a code that was used to locate it on the inventory map. The inventory map shows the location of each of the potential contaminant sources within the WHPA. The code given each site is based on the following list:
 
Category
Code
Highways
A
Underground storage tank (UST)
B
Storm water discharge vault
C
Surface water
D
 
   (H)   Potential contaminant sources.
 
Table 2. Potential Contaminant Sources
Map Code
PCS Site
Owner Contact
Contaminants
Volume
A-1
A-2
NC State Highway 194 & HWY 184
Avery County DOT
Jerry Combs, Co. Engineer
828-733-2776
Emergency: 911
Spills
N/A
B-1
UST #27591
Banner Elk Elementary School
185 Azalea Circle
Avery County Board of Education
P.O. Box 1360
Newland, NC 28657
828-733-6006
   UST
10,000 gallons fuel oil
C-1
Storm Water Discharge
Azalea Circle
Town of Banner Elk
P.O. Box 2049
Banner Elk, NC 28604
828-898-5398
   Spills
150,000 gallons collection of storm water runoff
D-1
Shawneehaw Creek
 
   Leaks/spills
N/A
 
      (1)   For each WHPA, the PCSs were ranked according to the threat each presented to the water supply well or wells. The following method was used to rank each PCS in each WHPA:
         (a)   Each PCS was assigned to a risk category of higher, moderate, or lower based on information adapted from the EPA (1993), and from the Oregon wellhead protection program. Each PCS was assigned a numerical “category” score to correspond with the risk category (such as, higher-3, moderate-2, lower-1). For sites with more than one source of potential contamination, the sum of the category scores for each potential contaminant was used. Each site of potential contamination was then assigned a “proximity” score calculated with the following equation:
   Proximity score =1-(distance from the well/radius of the WHPA)
         (b)   The final PCS ranking was obtained by multiplying the category score by the proximity score for each potential contaminant site. This resulted in a relative ranking of each PCS within a given WHPA based on the threat posed to the water supply well or wells. This risk analysis provided information that was used to determine which water supply wells are at greater risk of contamination and which PCSs should be considered first in regards to wellhead protection. Table 3 lists the risk potential score, proximity score and overall risk score for each PCS associated with each well.
         (c)   Because the wells are located in an unconfined aquifer, groundwater is readily susceptible to surface spills and leaks. Although the wells draw water from the fractured rock aquifer that lies under the soil and regolith, contamination can still enter the through downward percolation. The wells are at greatest risk from:
            1.   Underground storage tanks (USTs); and
            2.   Stormwater discharge.
   Table 3. PCS Risk Evaluation
Map Symbol
Site
Distance from Well
WHAA Radius
Proximity Score
Category Score
Overall Score
   Table 3. PCS Risk Evaluation
Map Symbol
Site
Distance from Well
WHAA Radius
Proximity Score
Category Score
Overall Score
   Well 1
A-1
NC Hwy 194
440
1531
0.71
2
1.43
D-1
Shawneehaw Creek
430
1531
0.72
1
0.72
Total Well 1:
2.14
   Well 2
A-1
NC Hwy 194
165
1130
0.85
2
1.71
D-1
Shawneehaw Creek
325
1130
0.71
1
0.71
Total Well 2:
2.42
   Well 3
A-1
NC Hwy 194
580
1459
0.60
2
1.20
D-1
Shawneehaw Creek
70
1459
0.95
1
0.95
B-1
Elementary School UST
469
1459
0.68
3
2.04
A-2
NC Hwy 184
890
1459
0.39
2
0.78
C-1
Stormwater discharge
810
1459
0.44
3
1.33
Total Well 3:
6.31
   Well 5
A-2
NC Hwy 184
1200
1875
0.36
2
0.72
B-1
Elementary School UST
1573
1875
0.16
3
0.48
D-1
Shawneehaw Creek
1100
1875
0.41
1
0.41
C-1
Stormwater discharge
1280
1875
0.32
3
0.95
Total Well 5:
2.57
 
      (2)   With a total risk assessment score of 6.31, well #3 is most at risk. Because it has more potential sources of contamination, some of which are close to the well. The higher-risk sites were found to be the UST and the stormwater discharge. Moderate and lower-risk sites identified were major roads through town and surface water (Shawneehaw Creek). The other risk assessment scores were: well #2 at 2.42, well #1 at 2.14 and well #5 at 2.57.
   (I)   Management of the wellhead protection area.
      (1)   There are two methods of managing wellhead protection areas (WHPA). They are regulatory and non-regulatory. The town has chosen regulatory as their main line of defense and non-regulatory management methods for PCS’s in the WHPA already.
      (2)   The town has adopted a zoning overlay district for their WHPA to keep this area from being developed with businesses or activities that could potentially harm the water resources of the town. A copy of the document is included in the appendix at the end of this section.
      (3)   A total of three wellhead protection brochures (tri-fold) will be delivered to each resident, business, and agricultural operation within the wellhead protection area. Copies of these brochures will be made available at the Town Hall and other locations deemed necessary for public education on wellhead protection. In general, the brochures will convey to each citizen/business the following information:
         (a)   An explanation of what groundwater is and the number of wells in their particular system;
         (b)   An explanation of what a wellhead protection program is;
         (c)   Sources of groundwater pollution;
         (d)   Phone numbers to contact for more information; and
         (e)   Tips on protecting their water supply such as:
            1.   Proper disposal of household hazardous wastes and oils (for example, not disposed of through septic systems, pouring on ground, or through regular garbage collection);
            2.   Proper use and storage of fertilizers and pesticides; and
            3.   Proper maintenance of home heating oil tanks and septic systems.
      (4)   The town will provide information to each business located within the WHPA on waste handling practices, best management practices, standard operating procedures, and waste oil disposal methods which could be employed to reduce the potential for ground water contamination. The town will also provide information regarding the North Carolina Division of Environmental Assistance and Customer Service (DEACS) to each business, industry, and farm located within the WHPA. Owners/operators of potential contamination sources will be encouraged to contact the DEACS. DEACS provides free technical and other non-regulatory assistance to reduce the amount of waste released into the air and water and on the land. The DEACS serves as a central repository for waste reduction and pollution prevention information. The DEACS emphasizes waste reduction through pollution prevention, encourages companies and government agencies to go beyond compliance, and provides information about the environmental permitting process. This information is provided at no charge to state businesses, industries, government agencies, and the general public upon request. For additional information, the DEACS may be contacted at (877) 623-6748.
      (5)   Personnel with the town will be educated on wellhead protection and steps they can take to reduce the potential for contamination (such as, information about best management practices, standard operating procedures, waste handling practices, and the like). The town will also contact the State Division of Environmental Assistance and Customer Service (DEACS) to investigate steps that the town can take to reduce the amount of waste released into the air and water and on the land at town owned and/or managed facilities.
      (6)   Owners of improperly constructed/abandoned wells identified within the WHPA will be provided information regarding the threat posed to the water supply by these wells. Owners of improperly constructed/abandoned wells will be encouraged to have these wells properly abandoned in accordance with the state’s well construction standards found at 15A NCAC 2C.0100. If information exists that a well is improperly constructed or is contributing to the contamination of groundwater, the town will notify the aquifer protection section, Division of Water Resources.
      (7)   If an abandoned UST site is found, the town will contact the North Carolina Division of Waste Management, UST Section, to determine if a closure report was submitted demonstrating that no soil or groundwater contamination was identified during the removal of UST’s. If a closure report was not submitted, the town will notify the UST section of the location of the facility within the WHPA and its proximity to a public water supply well.
      (8)   The County Solid Waste has a one-time per year hazardous household waste (HHW) program at this time and accepts all forms of HHW. Each year the county notifies the residents about the upcoming date for this event and the tow will work to get this information into all residents and business owners in the WHPA. The County Solid Waste Department phone number is (828) 737-5420.
      (9)   All residents and businesses in the WHPA of each well with septic tanks and home heating oil tanks will be distributed a copy of the wellhead protection brochure and any other information the town can obtain from county and/or state agencies on proper septic tank and heating oil tank maintenance.
      (10)   Automotive repair businesses in the wellhead protection areas that produce auto wastes (oils, acids, anti-freeze, and the like) will be provided information on waste handling practices, best management practices, standard operating procedures, and waste oil disposal methods which could be employed to reduce the potential for ground water contamination. They will also be provided with information regarding the North Carolina Division of Environmental Assistance and Customer Service (DEACS). Owners/operators of these facilities will be encouraged to contact the DEACS.
      (11)   The town owns and maintains a storm water catch basin that will hold 150,000 gallons. The parking lots, roads and streets within the downtown area of the town are tied to this basin.
      (12)   For any soil or ground-water contamination incidents discovered within the WHPA, the town will contact the state agencies with oversight responsibilities for remediation to determine if remediation efforts are proceeding in a timely fashion and in accordance with any schedules established by these agencies. Through this process, the town will bring to the attention of the state agencies with oversight responsibilities for remediation any failures by the responsible parties to comply with required monitoring and corrective action. The town will also notify the state agencies with oversight responsibilities for remediation of the location of any such facilities within the WHPA and their proximity to public water supply well. The town will also contact the state agencies with oversight responsibilities for contamination incidents and notify them of the locations of any sites issued notices of “no-further action” occurring within the WHPA and will request a review of this assessment.
      (13)   (a)   The town will notify any individual, industry, business, or government agency installing or planning to install a regulated underground storage tank within the town’s wellhead protection area of the following regulation: North Carolina underground storage tank (UST) regulation 15A NCAC 2N.0301 stipulates specific siting and secondary containment requirements for UST systems installed after January 1,1991. The rule is summarized as follows:
            1.   No UST system may be installed within 100 feet of a public water supply well or within 50 feet of any other well used for human consumption.
            2.   Secondary containment is required for UST systems within 500 feet of a well serving a public water supply or within 100 feet of any other well used for human consumption.
         (b)   Violations of this regulation will be reported to the Division of Waste Management, underground storage tank section. The UST Section will also be notified of the location of the facility within the WHPA and its proximity to a public water supply well or any other well used for human consumption.
         (c)   A regulated UST system is any underground storage tank and associated piping that contains petroleum (including gasoline, diesel and used oil) or a hazardous substance as defined by the state rules (15A NCAC 2N). Tanks containing heating oil for use on the premises where stored are not regulated.
      (14)   Facilities with an underground buried storage capacity of more than 42,000 gallons of oil, or an aggregate above ground storage capacity greater than 1,320 gallons of oil, or an above ground storage capacity of a single container in excess of 660 gallons are subject to the oil pollution prevention regulations contained in federal regulations found at 40 C.F.R. § 112. These facilities must prepare and implement a spill prevention control and countermeasures (SPCC) plan. The town should verify the status of the SPCC plan for each subject facility located within the WHPA. The state statutes require registration of any facilities storing more than 21,000 gallons of petroleum product. Subject facilities not in compliance with these regulations should be notified of their regulatory responsibility under this regulation. The team should also notify the Division of Water Quality, groundwater section if such facilities do not promptly come into compliance.
   (J)   Contingency plan.
      (1)   The primary person responsible for implementing the emergency contingency plan is the Town Manager. The secondary (back-up) person responsible for implementation is the Public Works Director.
      (2)   Should a major oil or chemical spill occur within the wellhead protection area, appropriate emergency agencies will be notified. The first of these would include the Fire Department and the County Emergency Coordinator.
         Fire Department 911
         Avery County Emergency Services
         (828) 733-8213
      (3)   Short term; less than 48 hours:
         (a)   The town operates one primary water storage tank with a total storage capacity of 500,000 gallons. Its average daily usage is approximately 233,000 gallons, so it has the capacity to store enough water for two day’s use. If power is lost to the wells, there is one stationary generator for emergency operation of well #3 and one portable generator for well #5. All water customers would be contacted and asked to conserve water until the emergency is over.
         (b)   If evidence exists which indicates that a well is contaminated, it will be immediately taken offline by turning off valves. An assessment will be made to determine if contamination was the results of an act of vandalism or terrorist and the appropriate authorities would be contacted. Also the well would not be returned to service until it is determined that water quality from the impacted well is in compliance with standards governing public water supplies.
      (4)   Long term; greater than 48 hours: if one or more of the town wells were to become contaminated, they would be taken off-line by shutting off valves. If it were determined that contaminants had entered the distribution system, residents would be notified by radio, TV, newspaper, door-hangers, and the like not to drink the water until further notice.
      (5)   Appropriate officials like emergency management the National Guard and any other pertinent personnel would be contacted to aid in supplying water.
      (6)   The regional office of the public water supply section would be notified immediately of the situation and asked for assistance. Sampling (for example, bacteriological, VOC’s, SOC’s, and the like) would begin to determine the contaminant involved and the extent of contamination. A systematic flushing of the distribution system would begin with follow-up sampling conducted as needed until the system was determined to be free of contamination and in compliance with standards governing public water supplies. After consultation with the Public Water Supply Section, residents would be notified that the town water was once again safe for consumption.
Emergency Contact Numbers and Additional Resources
Name
Resource
Emergency Contact Numbers and Additional Resources
Name
Resource
Primary person responsible for implementing emergency contingency plan
Rick Owen
Work: 828-898-5398
Home: 828-387-2466
Cell: 828-387-2466
Primary person
 
Town Manager
Secondary person and other pertinent personnel
Secondary person
   Earl Turbyfill
Work: 828-898-5398
Home: 828-733-0235
Cell: 828-387-1550
Public Works Director
   Justin Hodges
Work: 828-898-5398
Home: 828-733-5680
Cell: 828-387-1052
Water Resource Office
   Braswell Well Drillers
828-733-2602
Well driller
   David Bissit
704-577-7884
Chemical Supplier
   Gopher Utilities
704-963-9064
Control System
   Quality Electric
828-898-6251
Electrical Contractor
Local Resources
Emergency Response
   Avery County Health Department
828-733-1550
 
   Cannon Hospital
828-737-7000
 
   Avery County Sheriff
911 or 828-733-5855
 
   Avery County Emergency Management
828-733-8210
 
    Avery County Government Offices
828-733-8201
 
Local newspaper and television
Public notification
   Avery Journal-Times
828-733-2448
Newspaper
   Mountain Television Network
828-262-0990
Television station
Public Water Supply Section
1634 Mail Service Center
Raleigh, NC 27699-1634
919-715-2853
Technical assistance regulatory guidance
NC Department of Environmental Quality,
Asheville Regional Office
2090 US Hwy 70
Swannahoa, NC 28778
828-296-4900
Regional Water Quality Section, Public Water Supply Section, UST Section, Aquifer Protection Section, Hazardous Waste Section Spills, Regulatory information and technical assistance
Department of Transportation
District Traffic Engineer
Mr. Michael Poe
1561 Mail Service Center
Raleigh, North Carolina 27699-1561
Local Office: 828-265-5380
Emergency spill notification
NC Army National Guard
Boone, NC 28560-2817
Emergencies, as available:
Generators, 400-gallon water trailers, bottled water, transportation
NC Rural Water Association
Post Office Box 590
Welcome, NC 27374
336-731-6963   
Technical assistance education
North Carolina Cooperative Extension Service
Campus Box 7602
North Carolina State University
Raleigh, NC 27695-7602
919-515-2811
Local number: 828-264-3061
Educational brochures, publications
US EPA Regional Office
AST/SPCC Program
Region IV
61 Forsyth Street
Atlanta, GA 30365-3415
404-562-8761
Above ground storage tank information
US EPA Regional Office
GW & UIC Section
Region IV
Atlanta Federal Center
61 Forsythe St.
Atlanta, GA 30303-8960
Educational brochures, publications
Division of Environmental Assistance and Customer Service
Ron Pridgeon
1639 Mail Service Center
Raleigh, NC 27699-1639
877-623-6748
Technical and non-regulatory assistance to reduce waste
National Small Flows Clearinghouse
West Virginia University
Post Office Box 6064
Morganton, WV 26506-6064
800-624-8301
Pamphlets, brochures, training aids
 
   (K)   Public participation. The town will run a “public notification ad” in Avery Journal-Times published in Newland, North Carolina. Once the ad has been published, a copy of the ad and/or affidavit will be forwarded to the PWSS to be added to the supporting documents. The ad will read as follows:
   Public Notice to All Banner Elk Water Customers
The town is pleased to announce that a draft copy of our wellhead protection plan (WHPP) will be available from March 20 through April 10 for your review and comment at the Town Hall, Banner Elk, Phone: (828) 898-5398. The plan is designed to assist in safeguarding groundwater quality within Banner Elk wellhead protection areas. All comments deemed substantive will be considered for inclusion in the WHPP.
Rick Owen, Town Manager
Town of Banner Elk
   (L)   New public water supply wells. The town will amend its wellhead protection plan to include any new well(s) added to its water system. The following steps will be taken to address any new wells added to the water system.
      (1)   Develop a preliminary WHPA for the proposed well to determine the area of vulnerability;
      (2)   Develop a contaminant source inventory for the preliminary WHPA;
      (3)   Information obtained in subsections (1) and (2) above will be submitted to the Wellhead Protection Committee (WPC). Any information required by the Public Water Supply Section (PWSS) relating to the development and construction of new public water supply (PWS) wells must also be submitted;
      (4)   If the WPC grants provisional approval of the proposed wellhead protection plan, and the PWSS grants approval to construct or expand the PWS well or well system, then work may proceed with well construction;
      (5)   Finalize the WHPA delineation for the new well;
      (6)   Finalize the contaminant source inventory for the WHPA;
      (7)   Submit finalized WHPA and contaminant source inventory to the WPC;
      (8)   Once approval is received, implement any necessary regulatory and or non-regulatory potential source management practices; and
      (9)   Submit the amended WHP Plan and all necessary supporting information to the public water supply section for review and approval.
   (M)   Future wellhead protection. The town is aware that an effective local wellhead protection (WHP) program is an ongoing process requiring monitoring of the wellhead protection areas (WHPA) and periodic review and updating of an approved WHP plan. Therefore, the town’s WPC will monitor the wellhead protection area (WHPA) for any new or previously unidentified potential contaminant sources (PCS’s) and activities occurring within the approved WHPA. The town will amend the PCS inventory and other plan components (such as, the management strategies, emergency contingency plan, and the like) as necessary to incorporate any new threats to the systems groundwater source of drinking water. Additionally, the PCS inventory will be updated annually using the same procedures used to develop the original PCS inventory. The town will also fully update the WHP plan every five years or at any time a new well is constructed for use with the water supply system or a major land use change occur within a WHPA. The individual responsible for implementation of the WHP plan will submit notification to the public water supply section annually upon completion of the PCS inventory update or immediately following the completion of a major revision. Any amended or revised sections of the approved WHP plan resulting from an update or revision will also be submitted upon completion.
Appendix
References
North Carolina Department of Environmental Quality, Division of Water Quality, UST Section, Groundwater Section, Asheville Regional Office Files
Heath, Ralph C, Johnson, M. Gale. (2003). The North Carolina Wellhead Protection Program Guide. North Carolina Public Water Supply Section
Glossary of acronyms and abbreviations
SWAP:
Source Water Assessment and Protection
EPA:
Environmental Protection Agency
DWQ:
Division of Water Quality
UST:
Underground Storage Tank
AST:
Aboveground Storage Tank
VOC:
Volatile Organic Compound
SOC:
Semi-Volatile Organic Compound
NCDEH:
North Carolina Department of Environmental Health
PWS:
Public Water Supply
PWSS:
Public Water Supply Section
NCDEQ:
North Carolina Department of Environmental Quality
WPC:
Wellhead Protection Committee
WHPP:
Wellhead Protection Program
WHPA:
Wellhead Protection Area
Gpm:
gallons per minute
GPD:
gallons per day
Ppm:
parts per million
Ppb:
parts per billion
CAP:
Corrective Action Plan
NOV:
Notice of Violation
PCS:
Potential Contamination Source
DWM:
Division of Waste Management
NPDES:
National Pollutant Discharge Elimination System
SPCC:
Spill Prevention Control and Countermeasures
UIC:
Underground Injection Control
DEACS:
Division of Environmental Assistance and Customer Service
 
Pollution Incident Summary
 
Incident:
#28220 and #28912
Address:
379 Shawneehaw Avenue
Banner Elk, NC 28604
Owner and Operator:
The Pantry, Inc.
PO Box 8019
Gary, NC 27512
Phone: (919) 774-6700
Property Owner:
Charles Von Canon
PO Box 66
Banner Elk, NC 28604
 
In April 2004, a release from piping dispensers was detected from the UST system (three, 10,000 gallon tanks) at The Pantry 250. A limited site assessment was completed for this site and it was given a risk classification of high by DENR UST Section. Monitoring wells sampled at the site indicated levels of benzene and lead above the 2L standard. Toluene was detected in one monitoring well but was not above the 2L standard.
In December of 2010, an unknown quantity of release from spill buckets was discovered at The Pantry 250. A limited site check report was received by the UST Section in the Asheville regional office on 1/26/2011. According to a letter from the UST Section, the site was reclassified as intermediate on 5/25/2011. Information provided indicates it is unlikely that the contamination will affect the water supply wells due to the influence of the Shawneehaw Creek.
Potential Contamination Sources by Risk Category
Higher Risk Potential Contamination Sources for Ground Water PWS Systems
COMMERCIAL/INDUSTRIAL
Automobile body shops
   Gas stations
   Repair shops
Chemical /petroleum processing/storage
*Sewer lines
Utility right-of-way/pesticide use
Chemical/petroleum pipelines
Wood/pulp/paper processing and mills
Dry cleaners
Electrical/electronic manufacturing
Fleet/trucking/bus terminals
Furniture repair/manufacturing
Home manufacturing
Junk/scrap/salvage yards
Machine shops
Metal plating/finishing/fabricating
Mines/sand or gravel excavations
Parking lots/malls (>50 spaces)
Photo processing/printing
Plastics/synthetics producers
Research laboratories
OTHER
Road salt storage areas
Military installations (for classified risks not otherwise listed)
AGRICULTURAL/RURAL
Farm machinery repair
Rural machine shops
*Intensive livestock operations; lagoons, spray fields
Fertilizer, pesticide, and petroleum storage, distribution, handling, mixing, and cleaning areas
*Sewage sludge (biosolids) storage, handling, mixing and cleaning areas
*Sewage sludge (biosolids) land application
Unauthorized/illegal disposal of wastes/chemicals
RESIDENTIAL/MUNICIPAL
Airports - maintenance/fueling areas
Railroad yards/maintenance/fueling areas
Landfills/dumps
Utility stations - maintenance areas
Septic systems - high density (>1/acre)
Sewer lines
Stormwater drains/discharges
Fertilizer, pesticide, sewage sludge
Notes:
1.   This is a list of potential sources of contamination not a list of town databases of contaminants.
2.   Higher risk potential contaminant sources are considered to have a higher potential for drinking water contamination than those designated moderate risk or lower risk facility-specific management practices are not taken into account in estimating risks and assigning these categories.
3.   An asterisk [*] indicates activities that may be associated with microbiological contamination.
Moderate Risk PCSs
COMMERCIAL/INDUSTRIAL
Car washes
Cement/concrete plants
Food processing
Hardware/lumber/parts stores
AGRICULTURAL/RURAL
Auction lots
Boarding stables
Crops, irrigated (berries, Christmas trees, hops, mint, orchards, vineyards, nurseries, greenhouses, vegetables, sod) condominiums
NOTE: Drip-irrigated crops are considered lower risks.
Drinking water treatment plant residuals/sludge application
RESIDENTIAL/MUNICIPAL
Drinking water treatment plants
Golf courses
Housing - high density (>1 house/. 5 acres)
Motor pools
Parks
Waste transfer/recycling stations
Wastewater treatment plants collection stations
OTHER
Above ground storage tanks
Construction/demolition areas
Hospitals
Transportation corridors
   Freeways/state highways
   Railroads
   Right-of-way maintenance
Lower Risk PCSs
COMMERCIAL/INDUSTRIAL
Office buildings/complexes
RV/mini storage
AGRICULTURAL/RURAL
Crops, non-irrigated (grains, grass seeds, hay)
*Rangeland
Managed forests/silviculture
RESIDENTIAL/MUNICIPAL
Apartments
Campgrounds/RV parks
Fire stations
Schools
Housing - low density (< 1 house/. 5 acres)
OTHER
Medical/dental offices/clinics
   Veterinary offices/clinics (herbicide use areas)
Irrigation, water supply, or monitoring wells
SOURCE: Adapted from EPA (1993), and from the Oregon Wellhead Protection Program
Banner Elk WHPA
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 314)