WM0301152_NOD-2021-CV-0007_20211025

R.OY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7018 3090 0001 2319 0147
Return Receipt Requested
Mr. Thomas Whitehead
NC CWC 2907
S&ME
9751 Southern Pine Blvd.
Charlotte, NC 28273
Dear Mr. Whitehead,
NORTH CAROLINA
Environmental Quality
October 26, 2021
SUBJECT: NOTICE OF DEFICEINCY
NOD 2021-CV-0007
NC Well Construction Standards
15A NCAC 02C .0105
Colonial Pipeline — Huntersville Release Site
Mecklenburg County
The Mooresville Regional Office (MRO) of the Division of Water Resources (DWR) is in receipt of GW-1
Well construction Records submitted by you, for wells that were installed near the subject site. 15A
NCAC 2C .0105(B), states, "No person shall locate or construct any of the following wells until a permit
has been issued by the department... (3) any monitoring wells...on property not owned by the well
owner; (4) any recovery well..."
Pursuant to North Carolina General Statue 87-91(a) you are hereby notified that Thomas Whitehead
(NC CWC 2907) is in violation of the Well Construction Standards indicated in Subchapter 2C, Title 15A,
of the North Carolina Administrative Code. These Standards were adopted by the Environmental
Management Commission under authority granted by the North Carolina Well Construction Act.
It is our understanding from communication with Apex Companies, LLC and Colonial Pipeline, and as
reflected on the signed GW-1 well construction records, that you constructed monitor wells and
recovery wells owned by Colonial Pipeline. Some of those monitor wells were on property owned by
others at the time of construction. Those monitor wells and recovery wells require a permit to be issued
by the Department prior to construction.
Based on well construction locations, the MRO has compiled an excel spread sheet that encompasses
the wells that constructed without adequate permits. The spread sheet is attached to this NOD.
NO 1:1E
RTH CAPOUNA
n.n.m.enn of Environ.wnn.I orwly
North Carolina Department of Environmental Quality 1 Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

VIOLATION 1:
Construction of a well without prior permission by the Director as required by rule 15A NCAC
2C .0105(b)(3).
REQUIRED CORRECTIVE ACTION for Violation 1:
It is the responsibility of a well contractor to ensure that a valid permit has been issued prior to the
construction of a well for which a permit is required.
Please take corrective action for the above violation to assure this circumstance does not re -occur.
If you wish to present an explanation for the violation cited, or if you believe there are other factors
which should be considered, please send such information to me in writing within 30 days following the
receipt of this letter. Your explanation will be reviewed, an, and if an enforcement action is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for their
consideration.
If you have any questions concerning this matter, please contact Edward Watson or me at (704) 663-
1699.
Sincerely,
DocuSigned by:
4I41w H P4.
F161 FB69A2D84A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachment:
Well Construction Spread Sheet - Whitehead
CC: WQROS Mooresville Regional Office, Enforcement File
Drew Morgan, NC Well Construction Certification Commission (via email)
Andrew Street, APEX Companies (via email)
Jeff Titus, Colonial Pipeline (via email)
Jeff Morrison, Colonial Pipeline (via email)
NORTH CAROLINAD
nep,lnent of EmllenTenial Quell\
North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

Property Address Driller Name NC CWC # Drilling Contractor Property Owner Monitor Well #
13900 Huntersville-Concord Rd. 2907-A S&ME William Whitby MW-40
13926 Huntersville-Concord Rd. Thomas Whitehead 2907-A S&ME William E. Whitby MW-28, MW-40
MW-1, MW-2, MW-3, MW-4, MW-
5, MW-6, MW-7, MW-7D, MW-9,
MW-10, MW-12, MW-15, MW-18,
MW-20, MW-22, MW-22R, MW-
24, MW-25, MW-26, MW-26R,
14511 Huntersville-Concord Rd. Thomas Whitehead 2907-A S&ME Mecklenburg County Parks MW-27, MW-28, MW-30, MW-32, RW-32
RECOVERY WELLS