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Home My WebLink AboutWM0301152_NOD-2021-CV-0004 w attachment_20211025R.OY COOPER. Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7018 3090 0001 2319 0161 Return Receipt Requested Mr. Francis Harrington NC CWC 4389-A Walker -Hill Environmental 4 South Poplar Street Foxworth, MS 39483 Dear Mr. Harrington, NORTH CAROLINA Environmental Quality October 26, 2021 SUBJECT: NOTICE OF DEFICEINCY NOD 2021-CV-0004 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 Francis Harrington (NC CWC 4389-A) 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, recovery wells and hydraulic control 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 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: c uw H F161FB69A2D84A3... 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 - Harrington 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 14108 Huntersville-Concord Rd. 14130 Huntersville-Concord Rd. 13900 Huntersville-Concord Rd 13926 Huntersville-Concord Rd. Driller Name Francis Xavier Harrington Francis Xavier Harrington Francis Xavier Harrington Francis Xavier Harrington 14511 Huntersville-Concord Rd. Francis Xavier Harrington NC CWC 9 Drilling Contractor Property Owner 4389-A Walker -Hill Environmental William E. Whitby 4389-A Walker -Hill Environmental Carlito D. Razon 4389-A Walker -Hill Environmental William E. Whitby 4389-A Walker -Hill Environmental William E. Whitby 4389-A Walker -Hill Environmental Mecklenburg County Parks Monitor Well 9 RECOVERY WELLS MW-8, MW-13, MW-17, MW-31, RW-4, RW-5, RW-6, RW-22, RW- MW-39, MW-45, MW-46, MW-47, 24, RW-26, RW-28, MW-11, MW-17, MW-19, MW-21, MW-23, MW-23R, MW-31, MW-42 MW-7D, MW-25D, MW-36D, MW- 43, MW-52, MW-53, MW-54, MW- 55, MW-56, MW-57, MW-57D, MW-58, MW-59, MW-59D, MW- 60, MW-61, MW-61D, MW-63 RW-1, RW-2, RW-3, RW-8, RW-9, RW-10, RW-14, RW-16, RW-17, RW-18, RW-30, RW-31, RW-33, RW-34, RW-35, RW-36, RW-37, RW-38, RW-39, RW-40, RW-41, RW-42, RW-43, RW-44, RW-45, RW-46, RW-47, HCW-1, HCW-2, HCW-3, HCW-4, HCW-5, HCW-6, HCW-7, HCW-8, HCW-9, HCW-10, HCW-11, HCW-12, HCW-13, HCW- HYDRAULIC CONTOL WELLS HCW-27, NHCW-01, NHCW-02, NHCW-03, NHCW-04, NHCW-05, NHCW-06, NHCW-07, NHCW-08, NHCW-09, NHCW-10, NHCW-11, NHCW-12, NHCW-13, NHCW-14, NHCW-15, NHCW-16, NHCW-17, NHCW-18, NHCW-19, NHCW-20, NHCW-21, NHCW-22, NHCW-23, NHCW-24, NHCW-25, NHCW-26, NHCW-27, NHCW-28, NHCW-29