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HomeMy WebLinkAboutWR0300119_NOD-2021-CV-0005 Response_20211028October 28, 2021 Attn. Andrew H. Pitner North Carolina Department of Environmental Quality Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Water Quality Regional Operation Section Dear Mr. Pitner parratt wolffinc RECEIVED/NCDE©/DWR NOV -1 2021 WOROS MOORESVILLE REGIONAL OFFICE Re: Notice of Deficiency NOD 2021-CV-0005 NC Well Construction Standards 15A NCAC 02C .0105 Colonial Pipeline — Huntersville Release Site Mecklenburg County Thank you for bringing it to my attention that numerous wells were installed at the Colonial Pipeline — Huntersville Release Site prior to the proper permits having been processed (the NOD and list you provided is attached). I sincerely apologize for neglecting the responsibility of ensuring that a valid permit had been issued, prior to the construction of these wells. Two permits numbered WR0300119 and WM0301152 (also attached) were approved on October 26th for the wells installed, and many future wells. Clear communication will be kept with Apex Companies, LLC and Colonial Pipeline regarding the wells they have permitted to be drilled and the expiration of these permits. The GW-1 Well Construction Records submitted will be updated with the appropriate permit numbers and resubmitted as soon as possible. Please forgive us for making this mistake and understand there was no intention to violate the standards clearly indicated in Subchapter 2C, Title 15A of the administrative code. S incerely, Kevin White (NC CWC 2973) Senior Driller — Parratt-Wolff, Inc. 501 Millstone Drive, Hillsborough, NC 27278 • (919) 644-2814 Hillsborough, NC • East Syracuse, NY • Lewisburg, PA www.pwinc.com ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality October 26, 2021 Certified Mail # 7018 3090 0001 2319 0130 Return Receipt Requested Mr. Kevin White NCCWC2973 Parratt-Wolff, Inc. 501 Millstone Drive Hillsborough, NC 27278 SUBJECT: NOTICE OF DEFICEINCY NOD 2021-CV-0005 NC Well Construction Standards 15A NCAC 02C .0105 Colonial Pipeline — Huntersville Release Site Mecklenburg County Dear Mr. White, The Mooresville Regional Office (MRO) of the Division othat were installed near the subject f Water Resources (DWR) is in ste.t f 5A-1 Well construction Records submitted by you, for wellsuntil a NCAC 2C .0105(B), states, "No person shall locate or construct any of thefollowing owned by the well permit o has been issued by the department... (3) any monitoring wells...on rope rty ot owner; (4) any recovery well..." Pursuant to North Carolina General Statue 87-91(a) you are hereby notified that Kevin Wh2C, Title ite (NC CWC 2973) is in violation of the Well Construction Standards indicated were adoptedlby the Envn i onmental 15A, of the North Carolina Administrative Code. These Standardsthe North Carolina Well Construction Act. Management Commission under authority granted by 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 a you constructed of thosmon toor t weellsw recoveryo n wells and hydraulic control wells owned by ColonialpSwells require a property owned by others at the time of construction. Those monitor wells and recovery permit to be issued by the Department prior to construction. sheet that Based on well construction locations, the MRO°mpiled an excel The spread sheetis at ached to this NOD. asses the wells that constructed without adequate permits. Division of Water Resources North Carolina Department Office 16 0 East Center Quality I Avenue, Suite 301 I Mooresville, North Carolina 28115 Mooresville Regional 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, jPocuSignMuby: f n i7 Pzi444 F161F888A2r84A3,.. 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 - White 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 Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 William E. Whitby | WM NN NM ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality October 26, 2021 Certified Mail #7018 3090 0001 2319 0154 Return Receipt Requested Mr. Jeff Titus (also via email) Manager, Operations Colonial Pipeline P.O. Box 87 Paw Creek, NC 28130 RE: Dear Mr. Titus, Monitoring Well Construction Permit Permit # WM0301152 Colonial Pipeline Huntersville Release Site Mecklenburg County In accordance with your application received on August 13, 2021, with additional information provided including on October 21, 2021, we are forwarding herewith Monitoring Well Construction Permit Numbered WM0301152 and issued for the construction of one hundred and forty-six (146) monitoring wells located near the subject site in Huntersville, Mecklenburg County. Ninety-one (91) of the wells have been installed prior to the issuance of this permit, leaving up to fifty-five (55) additional monitor wells that are permitted to be installed if necessary. This Permit will be effective for one year from the date of issuance and shall be subject to the conditions and limitations as specified therein. Should you have any questions, please contact Edward Watson at (704) 663-1699, or by email at edward.watsonna,ncdenr.gov. Sincerely, —DocuSigned by: A4•014e4 N P:x*% 4 \— F 161 F869A2D84A3... Andrew H. Pitner, P.G., Assistant Regional Supervisor Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources CC: WQROS, Central Office (via Laserfiche) Andrew Street, Apex Companies, LLC (via email) North Carolina Department of Environmental Quality € Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 Jeff Morrison, Colonial Pipeline (via email) Ron Taraban, NCDEQ DWM (via email) Drew Morgan, NC Well Contractors Certification Commission (via email) North Carolina Department of Environmental Quality Division of Water Resources Mooresville Regional Office ! 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT FOR THE CONSTRUCTION OF A MONITORING WELL In accordance with the provisions of Article 7, Chapter 87, North Carolina General Statutes, and other applicable Laws, Rules and Regulations. PERMISSION IS HEREBY GRANTED TO Colonial Pipeline (Apex Companies as Agent) FOR THE CONSTRUCTION OF A MONITOR WELL SYSTEM consisting of one hundred forty-six monitoring wells owned by Colonial Pipeline near the subject site, in Huntersville, Mecklenburg County. This Permit is issued in accordance with the application received on August 12, 2021, with additional information provided on October 21, 2021, in conformity with specifications and supporting data, all of which are filed with the Department of Environmental Quality and are considered integral parts of this Permit. This Permit is for well construction only, and does not waive any provision or requirement of any other applicable law or regulation. Construction of any well under this Permit shall be in strict compliance with the North Carolina Well Construction Regulations and Standards (15A NCAC 02C .0100), and other State and Local Laws and regulations pertaining to well construction. If any requirements or limitations specified in this Permit are unacceptable, you have a right to an adjudicatory hearing upon written request within 30 days of receipt of this Permit. The request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this Permit is final and binding. This Permit will be effective for one year from the date of its issuance and shall be subject to other specified conditions, limitations, or exceptions as follows: 1. Issuance of this Permit does not obligate reimbursement from State trust funds, if these wells are being installed as part of an investigation for contamination from an underground storage tank or dry cleaner incident. 2. Issuance of this Permit does not supersede any other agreement, permit, or requirement issued by another agency. 3. The well(s) shall be located and constructed as shown on the attachments submitted as part of the Permit application. 4. Each well shall have a Well Contractor Identification Plate in accordance with 15A NCAC 02C .0108(o). 5. Well construction records (GW-1) for each well shall be submitted to the Division of Water Resources' Information Processing Unit within 30 days of the well completion. 6. When the well is discontinued or abandoned, it shall be abandoned in accordance with 15A NCAC 02C .0113 and a well abandonment record (GW-30) shall be submitted to the Division of Water Resources' Information Processing Unit within 30 days of the well abandonment. 7. If the well penetrates any water -bearing zone that contains contaminated waters, the upper three feet of the well shall be grouted within one day after the casing is set or the well abandoned. 8. Temporary wells must be permanently abandoned or converted to a permanent well within seven days (168 hours) of completion of drilling the borehole. 9. Adequate permits shall be obtained from Mecklenburg County Groundwater and Wastewater Services. Permit issued the 26th day of October, 2021 FOR THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by: A444 w H P4 .14 L F161FB69A2D84A3... Andrew H. Pitner, P.G., Assistant Regional Supervisor Division of Water Resources By Authority of the Environmental Management Commission Permit No. # WM0301152 North Carolina Department of Environmental Quality i Division of Water Resources Mooresville Regional Office i 610 East Center Avenue, Suite 301 1 Mooresville. North Carolina 28115 704.663.1699 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality October 26, 2021 Certified Mail # 7019 1120 0000 8362 0369 Return Receipt Requested Mr. Jeff Titus (also via email) Manager, Operations Colonial Pipeline P.O. Box 87 Paw Creek, North Carolina 28130 RE: Recovery Well Permit Permit # WR0300119 Colonial Pipeline Huntersville Release Site Mecklenburg County Dear Mr. Titus: In accordance with your application received on August 12, 2021, with additional information provided including on October 21, 2021, we are forwarding herewith Recovery Well Construction Permit Numbered WR0300119 for the construction of one hundred and forty-five (145) total recovery wells associated with subject site in Huntersville, Mecklenburg County. One hundred twenty-nine (129) recovery wells were installed prior to the issuance of this permit, leaving sixteen recovery wells that may be installed in the future if necessary. This permit will be effective for one year from the date of issuance and shall be subject to the conditions and limitations as specified therein. Should you have any questions, please contact Edward Watson at (704) 663-1699 or by email at edward.watson(c�ncdenr.gov. Sincerely, —DocuSigned by: 41414flP;xm4 �— F 161 FB69A2D84A3.,. Andrew H. Pitner, P.G., Assistant Regional Supervisor Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDEQ CC: WQROS, Central Office (via Laserfiche) Andrew Street, Apex (via email) Ron Taraban, NCDEQ DWM (via email) Jeff Morrison, Colonial Pipeline (via email) Drew Morgan, NC Well Contractors Certification Commission (via email) North Carolina Department of Environmental Quality Division of Water Resources Mooresville Regional Office i blo East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT FOR THE CONSTRUCTION OF A RECOVERY WELL In accordance with the provisions of Article 7, Chapter 87, North Carolina General Statutes, and other applicable Laws, Rules and Regulations. PERMISSION IS HEREBY GRANTED TO Colonial Pipeline (Apex Companies as Agent) FOR THE CONSTRUCTION OF A RECOVERY WELL SYSTEM consisting of up one hundred forty-five (145) recovery wells owned by Colonial Pipeline and located near the subject site in Huntersville, Mecklenburg County. This Permit is issued in accordance with the application received on August 12, 2021, with additional information provided on October 21, 2021, in conformity with specifications and supporting data, all of which are filed with the Department of Environmental Quality and are considered integral parts of this Permit. This Permit is for well construction only, and does not waive any provision or requirement of any other applicable law or regulation. Construction of any well under this Permit shall be in strict compliance with the North Carolina Well Construction Regulations and Standards (15A NCAC 02C .0100), and other State and Local Laws and regulations pertaining to well construction. If any requirements or limitations specified in this Permit are unacceptable, you have a right to an adjudicatory hearing upon written request within 30 days of receipt of this Permit. The request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this Permit is final and binding. This Permit will be effective for one year from the date of its issuance and shall be subject to other specified conditions, limitations, or exceptions as follows: 1. Issuance of this Permit does not obligate reimbursement from State trust funds, if these wells are being installed as part of an investigation for contamination from an underground storage tank or dry cleaner incident. 2. Issuance of this Permit does not supersede any other agreement, permit, or requirement issued by another agency. 3. The well(s) shall be located and constructed as shown on the attachments submitted as part of the Permit application. 4. Each well shall have a Well Contractor Identification Plate in accordance with 15A NCAC 02C .0108(o). 5. Well construction records (GW-1) for each well shall be submitted to the Division of Water Resources' Information Processing Unit within 30 days of the well completion. 6. When the well is discontinued or abandoned, it shall be abandoned in accordance with 15A NCAC 02C .0113 and a well abandonment record (GW-30) shall be submitted to the Division of Water Resources' Information Processing Unit within 30 days of the well abandonment. 7. Temporary wells must be permanently abandoned or converted to a permanent well within seven days (168 hours) of completion of drilling the borehole. 8. Adequate permits shall be obtained from Mecklenburg County Groundwater and Wastewater Services. Permit issued the 26th day of October, 2021 FOR THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �--- DocuSigned by: tAuw H P:z,,1.►. F161F869A2084A3... Andrew H. Pitner, P.G., Assistant Regional Supervisor Division of Water Resources By Authority of the Environmental Management Commission Permit No. # WR0300119 North Carolina Department of Environmental Quality i Division of Water Resources Mooresville Regional Office 610 East Center Avenue, Suite 301 l Mooresville, North Carolina 28115 704.663,1699