NC0090000_Comments_20221024

10/25/22, 2:12 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipeline permit 90365EE000335
Denard, Derek <[e-mail]>
Mon 10/24/2022 8:28 AM
To: Mike Adams <[e-mail]>
Cc: Dan Boone <[e-mail]>
Mike,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
7H1H ARCILI P,
DON r n.ntcIBxAlanmentalOualfi�
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Mike Adams <[e-mail]>
Sent: Sunday, October 23, 2022 1:15 PM
To: Denard, Derek <[e-mail]>
Cc: Dan Boone <[e-mail]>
Subject: [External] Colonial Pipeline permit 90365EE000335
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10/25/22, 2:12 PM Mail - Denard, Derek - Outlook
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Dera Mr. Denard,
I writing to express my concern as to the proposed waste water treatment facility that Colonial Pipeline
has applied for. We live at 14037 Lawther Road, Huntersville, N.C. 28078. Our property has already been
adveserly affected by the spill. While we are on city water we have an existing well on our property that
we had always intended to use for irrigation.
Our existing well has a two inch line that was found to be insufficient for our needs. We were required to
apply for a new well permit in order to upgrade to a size that would irrigate our property properly. This
application was denied based on our proximity to the spill. We have been in talks with Colonial for over
one year attempting to obtain an appropriate level of compensation for this outcome. To date we have
not been successful.
I appreciate Colonial's desire for the potential cost savings that this facility may offer. However, I believe
it to be in the larger community's interest to not allow Colonial to be able to discharge anything else into
our environment. Two plus million gallons of product seems to have Colonial hands more than full.
Colonial's application should be denied.
Thank you for your consideration.
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10/25/22, 12:37 PM Mail - Denard, Derek - Outlook
Re: [External] Public Hearing re: Colonial Pipeline Leak Site
Denard, Derek <[e-mail]>
Tue 10/18/2022 5:15 PM
To: Altman, Leigh <[e-mail]>
Cc: carter.nancy545 <[e-mail]>;Powell, Elaine M
<[e-mail]>;Sen. Natasha Marcus <[e-mail]>;Diorio, Dena
<[e-mail]>;Johnson, Leslie
<[e-mail]>;Rodriguez-McDowell, Susan <Susan.Rodriguez-
[e-mail]>;Jerrell, Mark D <[e-mail]>;Melinda
Bales <[e-mail]>;Hennessy, John <[e-mail]>;Gurney, Anna
<[e-mail]>
Commissioner Altman,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This facility
proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee River Basin
and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm), the
Division will review all pertinent comments. The Director of the NC Division of Water Resources may hold a
public hearing should there be a significant degree of public interest. If a public hearing is held, a notice of
public hearing will be published at least 30 days before a meeting is scheduled. For your information draft
permit NC0090000 is provided at the following link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
rz)Ii1Fi!;,IFaoi
❑aperlmeM of EmrlranmeMal 4ualrty
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Carolina Public Records Law and may be disclosed to third parties.
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10/25/22, 12:37 PM Mail - Denard, Derek - Outlook
From: Altman, Leigh <[e-mail]>
Sent: Saturday, October 15, 2022 5:06 PM
To: Denard, Derek <[e-mail]>; SVC_DEQ.publiccomments <[e-mail]>
Cc: carter.nancy545 <[e-mail]>; Powell, Elaine M
<[e-mail]>; Sen. Natasha Marcus <[e-mail]>; Diorio, Dena
<[e-mail]>; Johnson, Leslie <[e-mail]>;
Rodriguez -McDowell, Susan <[e-mail]>; Jerrell, Mark D
<[e-mail]>; Melinda Bales <[e-mail]>
Subject: [External] Public Hearing re: Colonial Pipeline Leak Site
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Dear NCDEQ/DWR/NPDES,
I write to urge NCDEQ to hold a public hearing on the application for the permit referenced below to ensure a) the
public is aware of the plans, b) the public's questions are answered, and c) safety concerns are fully resolved
before the project is approved.
Sincerely,
Leigh Altman
Leigh Braslow Altman, J.D.
County Commissioner, At -Large
Mecklenburg County Government
600 East 4th Street, 1lth Floor
Charlotte, NC 28202
980 279 6267
[e-mail]
From: "Sen. Natasha Marcus" <[e-mail]>
Date: October 14, 2022 at 4:56:53 PM EDT
Cc: "Jessica Bolin (Sen. Natasha Marcus)" <[e-mail]>
Subject: [External]Alert Concerning Clean Up at Colonial Pipeline Leak Site
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Hello everyone,
I hope you are doing well. I recently received some important updates on the gasoline clean up work and wanted
to share them with you immediately.
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10/25/22, 12:37 PM Mail - Denard, Derek - Outlook
Colonial Pipeline has applied for a permit to treat contaminated water onsite and then release it directly into the
North and South Prong Clarke Creek in Huntersville.
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10/25/22, 12:45 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial pipeline plan
Denard, Derek <[e-mail]>
Tue 10/18/2022 5:17 PM
To: Janet Andersen <[e-mail]>
Janet,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following link:
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?id=2499745&d bid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
'1-1.E
Obpert1I el Eo IranmeMal °mkt,'
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Carolina Public Records Law and may be disclosed to third parties.
From: SVC_DEQ.publiccomments <[e-mail]>
Sent: Tuesday, October 18, 2022 9:05 AM
To: Denard, Derek <[e-mail]>
Subject: FW: [External] Colonial pipeline plan
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10/25/22, 12:45 PM Mail - Denard, Derek - Outlook
From: Janet Andersen <[e-mail]>
Sent: Sunday, October 16, 2022 4:40 PM
To: SVC_DEQ.publiccomments <[e-mail]>
Subject: [External] Colonial pipeline plan
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attachment to Report Spam.
To whom it may concern,
Having recently learned of the proposal by Colonial Pipeline to treat contaminated water onsite and release it into
Clarke Creek in Huntersville, I am aghast that this would be allowed. For years now Colonial Pipeline has
misrepresented the impact and quantity of the leak. Why would we expect them to follow protocols that would
render these "cleaned up waters". It is critical that this "water" be treated to NCDEQ and EPA standards.
A public hearing is a must.
Sincerely,
Janet Andersen
Sent from my iPhone
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10/25/22, 2:28 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipeline Waste Water Treatment Plant
Denard, Derek <[e-mail]>
Thu 10/20/2022 3:12 PM
To: Cora Batties <[e-mail]>
Cora,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
C'T.)
WHIN (AF dQLI.A
QBperlbsont o P Erv.9rdnmeMal °mkt,'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: SVC_DEQ.publiccomments <[e-mail]>
Sent: Thursday, October 20, 2022 3:09 PM
To: Denard, Derek <[e-mail]>
Subject: FW: [External] Colonial Pipeline Waste Water Treatment Plant
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10/25/22, 2:28 PM Mail - Denard, Derek - Outlook
Original Message
From: Cora Batties <[e-mail]>
Sent: Thursday, October 20, 2022 1:56 PM
To: SVC_DEQ.publiccomments <[e-mail]>
Subject: [External] Colonial Pipeline Waste Water Treatment Plant
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious
email as an attachment to Report Spam.<mailto:[e-mail]>
I am completely against this pipeline coming to Huntersville. It's bad enough so many people have been
diagnosed with cancer in Huntersville, the last thing we need is something else coming into our
environment. My vote is 100% NO.
Cora Batties
Sent from my iPad
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10/25/22, 12:14 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipeline Leak Site and wastewater removal
Denard, Derek <[e-mail]>
Tue 10/18/2022 5:09 PM
To: Berthelot, Matthew <[e-mail]>
Cc: [e-mail] <[e-mail]>;[e-mail]
<[e-mail]>;Williams, Philip R <[e-mail]>
Matthew and Kelly,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following link:
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?id=2499745&d bid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
131 Q5
Deparlmentol EaWrunmeMai 4uamy
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Carolina Public Records Law and may be disclosed to third parties.
From: Berthelot, Matthew <[e-mail]>
Sent: Friday, October 14, 2022 10:05 PM
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10/25/22, 12:14 PM Mail - Denard, Derek - Outlook
To: Denard, Derek <[e-mail]>
Cc: SVC_DEQ.publiccomments <[e-mail]>; [e-mail]
<[e-mail]>; [e-mail] <[e-mail]>; Williams, Philip R
<[e-mail]>
Subject: [External] Colonial Pipeline Leak Site and wastewater removal
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to Report Spam.
Mr. Denard:
It has come to our attention that Colonial Pipeline has applied for a permit to
treat contaminated water onsite and then release it directly into the North and
South Prong of the Clarke Creek in Huntersville.
As residents of Huntersville, who live very close to this environmental disaster,
we are very concerned with this application. We have concerns surrounding all
of their practices around safety, maintenance and clean up from the past and
present. The recent communication to our community by CP has been
nonexistent. We are certain that you are aware of the extreme efforts that
Senator Marcus, the NCDEQ and others have had to make just to get accurate
information on the ever increasing volume, depth and breadth of this problem.
We are against any accommodations being made to further expand this
pollution (treated or otherwise) into our fragile community ecosystem. We
have no idea which unfortunate community is the current recipient of their
waste, but they can keep it. Colonial Pipeline can continue sending it to them
until it runs clean which may take several lifetimes. This problem should be
solved by Colonial Pipeline and they should be forced to solve it. They can use
the millions of dollars that they were NOT fined as a result of this completely
avoidable disaster. We believe that the 4.5 million dollar civil penalty and
$250,000 investigative cost amounted to a slap on the wrist and does not do
nearly enough to protect our community from their future negligence. Our
HOPE is that CP's ongoing costs associated with this clean up will run wide
and deep enough to force safer practices in the future. Experience has taught
us that "hope" is a poor strategy for improvement, but money, and probably
more so, the loss of it, will almost always influence behavior.
Please deny their permit request and provide a forum for our residents and
elected leaders to be heard on this matter if any consideration beyond a denial
is considered.
Sincerely,
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 2/3

10/25/22, 12:14 PM Mail - Denard, Derek - Outlook
Matthew and Kelly Berthelot
15128 Pavilion Loop Dr
Huntersville, NC 28078
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10/25/22, 2:10 PM Mail - Denard, Derek - Outlook
Re: [External] Draft Permit NC0090000
Denard, Derek <[e-mail]>
Mon 10/24/2022 8:29 AM
To: [e-mail] <[e-mail]>
Michelle,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
ObperUwwn[aI Eo IranmeMal °mkt,'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: [e-mail] <[e-mail]>
Sent: Sunday, October 23, 2022 3:41 PM
To: Denard, Derek <[e-mail]>
Subject: [External] Draft Permit NC0090000
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10/25/22, 2:10 PM Mail - Denard, Derek - Outlook
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Dear Mr. Denard,
I live in Huntersville and I don't trust Colonial Pipeline to sufficiently and properly clean
up the oil spill that occurred in 2020.
We need a public hearing on the permit requirements and an independent contractor for
the water remediation. And Colonial Pipeline needs to pay for that expense, in full.
Please do not grant their permit request without a public hearing (and even after the
public hearing, please do not grant their permit request).
Thank you.
Michelle Blumenthal
BQRPbellsouth.net
704-608-1329 (mobile)
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10/25/22, 3:32 PM Mail - Denard, Derek - Outlook
Re: [External] Re: Notice of Intent to Issue a NPDES Wastewater Permit NC0090000
Colonial Pipeline Company
Denard, Derek
Mon 10/24/2022 8:26 AM
To: The Bruces <[e-mail]>
Tonya,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
-11E
rye rii 7 H {;sae lLih�.
EAp1rt1I KalEiwenuam ptal4uelfiy
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: The Bruces <[e-mail]>
Sent: Sunday, October 23, 2022 7:35 AM
To: Denard, Derek <[e-mail]>
Subject: [External] Re: Notice of Intent to Issue a NPDES Wastewater Permit NC0090000 Colonial Pipeline
Company
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10/25/22, 3:32 PM Mail - Denard, Derek - Outlook
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Don't do it. I'II also send my public comments. How can a company be trusted to manage and accurately
report water quality when their own oil spill wasn't self -detected but detected by two kids roaming in the
back woods? They clearly don't know how to manage quality and efficacy of their lines and the spill is
proof of that.
I live in the Mirabella community close by. We don't appear to be directly impacted. However, we are
waiting for the shoe to drop and learn that we are in some way. Vapors from gas is more long term
environmental effect that I'm personally concerned about. Trust in Colonial Gas, their integrity and ability
to keep the public informed is at an all time low with surrounding residents. I wouldn't trust them to
properly uphold the standards and recommend and external audit and assessment process.
Don't issue the permit...they cannot be trusted.
-Tonya Bruce
Please pardon any errors as this was sent from my iPhone
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10/25/22, 3:33 PM Mail - Denard, Derek - Outlook
FW: [External] PLS DENY: Notice of Intent to Issue a NPDES Wastewater Permit
NC0090000 Colonial Pipeline Company
SVC_DEQ.publiccomments
Mon 10/24/2022 7:36 AM
To: Denard, Derek <[e-mail]>
From: The Bruces <[e-mail]>
Sent: Sunday, October 23, 2022 7:46 AM
To: SVC_DEQ.publiccomments <[e-mail]>; Denard, Derek <[e-mail]>
Subject: [External] PLS DENY: Notice of Intent to Issue a NPDES Wastewater Permit NC0090000 Colonial Pipeline
Company
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attachment to Report Spam.
I hereby oppose the permit request, which seeks to process AND discharge 500,000 gallons per day of toxic water
in our back yards.
Colonial has not acted in good faith ever since the spill was discovered in August, 2020. I do NOT want a
treatment facility located within yards of my neighborhood. I do NOT want toxic water released into the North
Prong Clark Creek. I do NOT trust Colonial Pipeline to monitor, test, and report on activities described in the
permit in a responsible or professional manner. There is nothing about this plan that is environmentally friendly or
puts the residents of Huntersville above the profit motives of Colonial Pipeline. They are simply looking for the
quickest and cheapest path to do the minimum required by State and Federal authorities. I respectfully implore
the NCDEQ to deny Colonial's request. Thank you.
Daunte and Tonya Bruce
13002 Vermillion Crossing Ct
Huntersville, NC
Begin forwarded message:
From: The Bruces <[e-mail]>
Date: October 23, 2022 at 7:35:45 AM EDT
To: [e-mail]
Subject: Re: Notice of Intent to Issue a NPDES Wastewater Permit NC0090000 Colonial Pipeline
Company
Don't do it. I'll also send my public comments. How can a company be trusted to manage and
accurately report water quality when their own oil spill wasn't self -detected but detected by two
kids roaming in the back woods? They clearly don't know how to manage quality and efficacy of
their lines and the spill is proof of that.
I live in the Mirabella community close by. We don't appear to be directly impacted. However, we
are waiting for the shoe to drop and learn that we are in some way. Vapors from gas is more long
term environmental effect that I'm personally concerned about. Trust in Colonial Gas, their integrity
and ability to keep the public informed is at an all time low with surrounding residents. I wouldn't
trust them to properly uphold the standards and recommend and external audit and assessment
process.
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10/25/22, 3:33 PM Mail - Denard, Derek - Outlook
Don't issue the permit...they cannot be trusted.
-Tonya Bruce
Please pardon any errors as this was sent from my iPhone
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10/25/22, 3:30 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipeline
Denard, Derek
Tue 10/18/2022 5:01 PM
To: Nancy Carter <[e-mail]>
Nancy,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following link:
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?id=2499745&d bid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Obpert1I el Eo IranmeMal °mkt,'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Nancy Carter <[e-mail]>
Sent: Friday, October 14, 2022 6:13 PM
To: Denard, Derek <[e-mail]>; [e-mail] <[e-mail]>
Subject: [External] Colonial Pipeline
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10/25/22, 3:30 PM Mail - Denard, Derek - Outlook
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To Whom It May Concern...and I Do Hope It Concerns Everyone!
Senator Marcus just advised us about the proposal presented by Colonial Pipeline to treat the
contaminated water from their spill on site. Frankly, I do not trust them to bring that water up to the
standards demanded by DEQ, EPA or local authorities, because they did not provide immediate
remediation for the spill, did not report the entire nature or magnitude of the spill and are now
backing away from the negotiated settlement of treatment.
I would not be at all surprised, given this scenario, that they would minimally treat or not treat
sufficiently per restrictions the water in their charge. This water will flow to drinking water for many of
our residents and may further contaminate streams experiencing challenges already. I am writing as a
private citizen although currently serving on the Mecklenburg Soil and Water Conservation District
Board. I also serve on the CM Storm Water Advisory Board. My environmental concerns for
Mecklenburg County's natural resources are exacerbated by this proposal. The company is
considering its bottom line, not the fundamental right of our residents to clean, healthy water.
Most sincerely,
Nancy Carter 1401 Cavendish Ct.
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10/25/22, 3:31 PM Mail - Denard, Derek - Outlook
FW: [External]
SVC_DEQ.publiccomments
Tue 10/18/2022 9:03 AM
To: Denard, Derek <[e-mail]>
From: Nancy Carter <[e-mail]>
Sent: Friday, October 14, 2022 10:01 PM
To: SVC_DEQ.publiccomments <[e-mail]>
Subject: [External]
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
To Whom It May Concern...and I Do Hope It Concerns Everyone!
Senator Marcus just advised us about the proposal presented by Colonial Pipeline to treat the contaminated
water from their spill on site. Frankly, I do not trust them to bring that water up to the standards demanded by
DEQ, EPA or local authorities, because they did not provide immediate remediation for the spill, did not report
the entire nature or magnitude of the spill and are now backing away from the negotiated settlement of
treatment. At least a public hearing should be permitted.
I would not be at all surprised, given this scenario, that they would minimally treat or not treat sufficiently per
restrictions the water in their charge. This water will flow to drinking water for many of our residents and may
further contaminate streams experiencing challenges already. I am writing as a private citizen although currently
serving on the Mecklenburg Soil and Water Conservation District Board. I also serve on the CM Storm Water
Advisory Board. My environmental concerns for Mecklenburg County's natural resources are exacerbated by this
proposal. The company is considering its bottom line, not the fundamental right of our residents to clean, healthy
water.
Most sincerely,
Nancy Carter
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10/25/22, 3:29 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipeline request for onsite water treatment and release -
Huntersville, NC
Jake Cohen
Tue 10/25/2022 10:04 AM
To: Denard, Derek <[e-mail]>
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to Report Spam.
Thanks Derek!
On Tue, Oct 25, 2022 at 9:23 AM Denard, Derek <[e-mail]> wrote:
Jake,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This facility
proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee River Basin
and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm), the
Division will review all pertinent comments. The Director of the NC Division of Water Resources may hold a
public hearing should there be a significant degree of public interest. If a public hearing is held, a notice of
public hearing will be published at least 30 days before a meeting is scheduled. For your information draft
permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
oapmrenie[ol Enwrunmeawi Gum
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
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10/25/22, 3:29 PM Mail - Denard, Derek - Outlook
From: SVC_DEQ.publiccomments <[e-mail]>
Sent: Tuesday, October 25, 2022 8:05 AM
To: Denard, Derek <[e-mail]>
Subject: FW: [External] Colonial Pipeline request for onsite water treatment and release - Huntersville, NC
From: Jake Cohen <[e-mail]>
Sent: Saturday, October 22, 2022 12:17 AM
To: SVC_DEQ.publiccomments <[e-mail]>
Subject: [External] Colonial Pipeline request for onsite water treatment and release - Huntersville, NC
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
My name is Jake Cohen and I live in Huntersville, NC less than a mile from the CP spill. I am deeply concerned
about the request CP has made to process water onsite and release it into the local streams. I have doubts on
their ability to properly manage this process or that the process would sufficiently clean the hydrocarbon
polluted water sufficiently 100% of the time.
Additionally I am concerned with a lack of public forum opportunity to discuss this request.
I'm happy to discuss this over the phone or in person in a collaborative manner whenever you are available.
-Jake Cohen
ce11:860.912.3031
-Jake Cohen
ce11:860.91 2.3031
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10/25/22, 3:28 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipeline Huntersville NC
Denard, Derek
Mon 10/24/2022 8:14 AM
To: Jake Cohen <[e-mail]>
Jake,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
:k-�7N1H {:.4Fdf7�lh�.
Chmlartrobrotel Eo IronmeMal 4oalfiy
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Jake Cohen <[e-mail]>
Sent: Saturday, October 22, 2022 12:16 AM
To: Denard, Derek <[e-mail]>
Subject: [External] Colonial Pipeline Huntersville NC
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10/25/22, 3:28 PM Mail - Denard, Derek - Outlook
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Hi Derek,
My name is Jake Cohen and I live in Huntersville, NC less than a mile from the CP spill. I am deeply
concerned about the request CP has made to process water onsite and release it into the local
streams. I have doubts on their ability to properly manage this process or that the process would
sufficiently clean the hydrocarbon polluted water sufficiently 100% of the time.
Additionally I am concerned with a lack of public forum opportunity to discuss this request.
I'm happy to discuss this over the phone or in person in a collaborative manner whenever you are
available.
-Jake Cohen
ce11:860.91 2.3031
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 2/2

10/25/22, 2:00 PM Mail - Denard, Derek - Outlook
Re: [External] Re: Comments for Colonial Pipeline's permit request
Denard, Derek <[e-mail]>
Mon 10/24/2022 4:37 PM
To: IF <[e-mail]>;Bethany Sprague <bethanyjill0l @yahoo.com>
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
riQI11H cASVLIN A
EhrRerUm.a(4PEmir oil m rt I4uelrq'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: IF <[e-mail]>
Sent: Monday, October 24, 2022 2:49 PM
To: Bethany Sprague <[e-mail]>
Cc: Denard, Derek <[e-mail]>
Subject: [External] Re: Comments for Colonial Pipeline's permit request
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10/25/22, 2:00 PM Mail - Denard, Derek - Outlook
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Hi Derek,
Our family closely mirrors concerns outlined below.
When the spill happened, we were told 70,000 were missing.
Surely it is a BIG problem when no one can identify or spot over 1.5 million gallons spilling out. This is
a pipeline next to our homes, that needs to be modernized.
How will Colonial compensate us? The damage to nature?
Why is the hush hush culture by Colonial still allowed?
Why do we meet people in town who fee that NCDEQ failed them????????
What specific actions are being taken and when?
Thank you.
On Mon, Oct 24, 2022 at 1:03 PM Bethany Sprague <bethanyji1101 Ca?yahoo.com> wrote:
Hello Derek and other members of NCDEQ,
Thank you first for taking the time to read my concerns and questions. First, I do not trust Colonial
Pipelines (CP) recommendations to clean the water and protect our environment. They do not have
the people and environment's best interests in mind, as traditionally, it's just about the money for
their industry. However, let's consider multiple experts in the business who are not financially
aligned with CP to be considered in planning how to move forward. I believe the effluent should
have ZERO additives, including benzene, PFAS, and gasoline by-products, not just minimal EPA
standards. The water should be cleaner than found in nature, in my opinion. We have tested our
groundwater (well) multiple times and we have never found benzene or gasoline additives, and we
don't want to ever see them in the future.
We already do not understand how North America's most significant gasoline contamination will
affect our environment for years to come. Will CP be held liable? Are the best testing and cleaning
methods being used and considered?
I would like to see a temporary & permanent treatment plant, but can CP provide that this large
treatment facility would be helpful or further detrimental to our air, water, and earth? We should
consider the long-term energy use and potential environmental impact of off -gassing on our
beautiful town!
I have no concerns about CPs desire to move quickly now by avoiding a public hearing, as this topic
should have been considered since the beginning. Now, however, we can do OUR diligence & hold
this very financially powerful company liable for what they are doing to our beautiful earth.
We have children & we strongly believe we should be creating a better future for them. It is our
responsibility to stand up and do the right thing.
Let's do a public hearing, hear the experts, and make CP do the right thing now & for the future of
our children's planet.
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10/25/22, 2:00 PM Mail - Denard, Derek - Outlook
Thank you again for your hard work in this challenging situation,
George & Bethany Sprague
14401 Hus McGinnis Rd
Huntersville, NC
Inge Ferreira
IngaBFerreiracgmail.com
www.linkedin.com/in/ingaferreira/
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10/25/22, 2:19 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipeline - Submission of Public Comments
Denard, Derek <[e-mail]>
Fri 10/21/2022 3:11 PM
To: Brenda G <[e-mail]>
Brenda,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
C'T.)
WHIN (AF dQLI.A
QBperlbsont o P Erv.9rdnmeMal °mkt,'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Brenda G <[e-mail]>
Sent: Friday, October 21, 2022 10:11 AM
To: SVC_DEQ.publiccomments <[e-mail]>
Cc: Denard, Derek <[e-mail]>
Subject: [External] Colonial Pipeline - Submission of Public Comments
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10/25/22, 2:19 PM Mail - Denard, Derek - Outlook
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Dear Derek Denard,
I am writing to voice my deep concerns with Colonial Pipeline's request for a permit to treat the
contaminated water from the largest onshore pipeline spill in the history of the United States. I
am a resident of Charlotte NC and Mecklenburg County, 30 miles south of Huntersville NC. We
are deeply concerned for the health and safety of our Huntersville neighbors being exposed to
contamination of their groundwater source.
Colonial Pipeline has shown a flagrant disregard towards requests and deadlines issued by the
NCDEQ. After Colonial Pipeline released the amount of recovered fuel in gallons (April 15,
2021), NCDEQ responded with significant concerns about the accuracy of the estimated
amounts and the modeling it was based on. NCDEQ Secretary Dionne Dell -Gatti responded
with these words: "It is unacceptable that for eight months Colonial Pipeline has been unable to
provide a reliable accounting of the amount of gasoline released into this community." Dell -Gatti
concluded with a call for accountability.
This spill happened because Colonial Pipeline employed a cheap band -aid "Type -A Sleeve"
repair to the part of the pipeline that cracked. I am not sure what year they used this method of
shoddy repair but I do know that Colonial Pipeline has used these types of sleeve repairs all
along the 5,500-mile pipeline which extends from Texas to New Jersey. (Feds Warn Colonial
Pipeline Is At Risk; Company Says Leak Is Deeper Than Reported I WFAE 90.7 - Charlotte's
NPR News Source) AND, according to NC environmental news reporter, Lisa Sorg, this was
the 32nd Colonial Pipeline spill in the state of NC since the year 2000: That is more than one
spill per year.
Based on their historical record, Colonial Pipeline can not be trusted to do the work of water
decontamination without keen oversight and regulation. In fact, the safest and most logical
alternative is to require Colonial Pipeline to pay for an independent water remediation
contractor to do the work and to do the work right.
I am urgently requesting that the public has a right to a hearing about this permit and other
remediation options.
Thank you for your consideration of this crucial public matter.
Sincerely,
Brenda Gasior
Charlotte NC
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10/25/22, 12:30 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipeline
Denard, Derek <[e-mail]>
Tue 10/18/2022 5:10 PM
To: Ginger <[e-mail]>
Ginger,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following link:
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?id=2499745&d bid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
riQI11H cASVLIN A
EhrRerUm.a(4PEmir oil m rt I4uelrq'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Ginger <[e-mail]>
Sent: Saturday, October 15, 2022 11:19 AM
To: Denard, Derek <[e-mail]>; SVC_DEQ.publiccomments <[e-mail]>
Subject: [External] Colonial Pipeline
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious
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10/25/22, 12:30 PM Mail - Denard, Derek - Outlook
Please do not allow Colonial Pipeline to treat contaminated water
onsite and then release it directly into the North and South Prong
Clarke Creek in Huntersville. Many of us local residents have wells
for water. We are a few miles from the gas leak site but Clarke Creek
runs near our homes. I don't trust Colonial Pipeline to treat the
water correctly. I do not want my family drinking contaminated water.
I do not want city water and even if I did it does not run by my rural
home, so it's not even an option for us.
thank you,
Ginger
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10/25/22, 1:20 PM Mail - Denard, Derek - Outlook
Re: [External] Feedback on Notice of Intent to Issue a NPDES Wastewater Permit for
Colonial Pipeline
Denard, Derek <[e-mail]>
Tue 10/25/2022 9:40 AM
To: Sarah Gursky <[e-mail]>
Sarah,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This facility
proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee River Basin
and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm), the
Division will review all pertinent comments. The Director of the NC Division of Water Resources may hold a
public hearing should there be a significant degree of public interest. If a public hearing is held, a notice of
public hearing will be published at least 30 days before a meeting is scheduled. For your information draft
permit NC0090000 is provided at the following link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
1.1 E
Nc1F4TH
D.pu[4IwaRal BrArunm ntal °uelfi/
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: SVC_DEQ.publiccomments <[e-mail]>
Sent: Tuesday, October 25, 2022 8:11 AM
To: Denard, Derek <[e-mail]>
Subject: FW: [External] Feedback on Notice of Intent to Issue a NPDES Wastewater Permit for Colonial Pipeline
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10/25/22, 1:20 PM Mail - Denard, Derek - Outlook
From: Sarah Gursky <[e-mail]>
Sent: Monday, October 24, 2022 4:43 PM
To: SVC_DEQ.publiccomments <[e-mail]>
Subject: [External] Feedback on Notice of Intent to Issue a NPDES Wastewater Permit for Colonial Pipeline
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
I request that you do NOT approve this notice of intent to Colonial Pipeline Company. I and my two small children
aged 3 and 5 live in the Mirabella neighborhood which is right next to the site. I have not seen any proof that
Colonial Pipeline has acted in the best interest of the residences/community to which this spill occurred. I do not
want a treatment facility or toxic water released into the creek nearby. How can we keep this company
accountable if they are allowed to do more damage and put in control of disposing of the damage they have
created? I see a huge conflict of interest in approving this permit. Instead, I would ask that this permit be denied
and an independent non-profit to be in charge of testing the surrounding area and deposing of the oil they spilled
for a safe environment for my children to live in and the other children and residents of this area.
Respectfully,
Sarah Gursky
Resident of Huntersville
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10/25/22, 3:23 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial pipeline public comment
Denard, Derek
Tue 10/25/2022 9:16 AM
To: !aura hankins-clt.us <[e-mail]>
Laura,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
FT:tm.E
Dmlirtwwrr[aP Enyira1fu r tM otokty
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: !aura hankins-clt.us <[e-mail]>
Sent: Monday, October 24, 2022 4:38 PM
To: Denard, Derek <[e-mail]>
Subject: [External] Colonial pipeline public comment
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 1/2

10/25/22, 3:23 PM Mail - Denard, Derek - Outlook
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious
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Mr. Denard
My name is Laura Hankins. I own a home in north Mecklenburg County.
It makes good sense to treat contaminated water on site in the Whitby's barn. In an ideal situation, the
overall environmental impact would be less severe if contaminated water is not trucked off site for
treatment. That said, I have several reservations.
The spill is estimated to be at least two million gallons and still growing! In the two years since the spill,
Colonial has failed to demonstrate either the competency or transparency needed to manage an
environmental disaster of this magnitude.
My primary concern is that allowing a wastewater treatment plant on site would diminish the oversight
of third party and government groups that are responsible for holding Colonial accountable. Has
Colonial successfully identified all the leaks contributing to this staggering spill? Would having an onsite
treatment facility make it easier to hide damaged pipelines near the current site?
Unless provisions can be made to increase oversight by NCDEQ and to include the Yadkin Riverkeepers
at the highest levels of both planning, supervision and influence over this clean up, I believe the
opportunity for untraceable negligence is too high. It is simply too dangerous for the community.
A cleanup of this scale needs government oversight and transparency. My concern is that Colonial will
remain focused on shareholder value over public safety. This permit request is an opportunity to increase
the oversight, increasing the presence of the NCDEQ and other taxpayer -funded, environmental
representatives. We need community and government representatives advocating for our community
and watching what is happening at this disaster: the largest inland gasoline spill in history!
Yours
Laura Hankins
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10/25/22, 3:25 PM Mail - Denard, Derek - Outlook
[External] Colonial pipeline
laura hankins-clt.us <[e-mail]>
Mon 10/24/2022 4:40 PM
To: Denard, Derek <[e-mail]>
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious
email as an attachment to Report Spam.<mailto:[e-mail]>
Derek
I just submitted a comment. I know I'm under the wire. I believe that there should be public hearings and
will make every effort to attend.
Blessings,
Laura
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10/25/22, 2:03 PM Mail - Denard, Derek - Outlook
Re: [External] No to Treatment Plant
Denard, Derek <[e-mail]>
Mon 10/24/2022 8:33 AM
To: Shannon Heringhaus <[e-mail]>
Shannon,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
ObperUwwn[aI Eo IranmeMal °mkt,'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: SVC_DEQ.publiccomments <[e-mail]>
Sent: Monday, October 24, 2022 7:36 AM
To: Denard, Derek <[e-mail]>
Subject: FW: [External] No to Treatment Plant
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10/25/22, 2:03 PM Mail - Denard, Derek - Outlook
Original Message
From: Shannon Heringhaus <[e-mail]>
Sent: Sunday, October 23, 2022 8:25 PM
To: SVC_DEQ.publiccomments <[e-mail]>
Subject: [External] No to Treatment Plant
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious
email as an attachment to Report Spam.<mailto:[e-mail]>
Hello,
I am writing this email to state I am opposed to this permit. I am a resident of the Mirabella
neighborhood. It is not believed by most in our community that Colonial has acted in good faith ever
since the spill was discovered in August, 2020. I do NOT want a treatment facility located within close
proximity of my property. I have grave concern allowing said facility would result in toxic water released
into the North Prong Clark Creek. Sadly, I do not have trust that Colonial Pipeline will monitor, test, and
report on activities described in the permit properly. This plan is not environmentally friendly, nor does it
put the residents of Huntersville above the profit motives of Colonial Pipeline. They are looking for the
quickest and cheapest path to do the minimum required by State and Federal authorities. I respectfully
implore the NCDEQ to deny Colonial's request.
Thank you,
Shannon Heringhaus
16711 Monocacy Boulevard
Huntersville, NC
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10/25/22, 2:02 PM Mail - Denard, Derek - Outlook
Re: [External] Notice of Intent to Issue a NPDES Wastewater Permit NC0090000 Colonial
Pipeline Company
Denard, Derek <[e-mail]>
Mon 10/24/2022 8:36 AM
To: Dale Hufford<[e-mail]>;Dale Hufford <[e-mail]>
Dale,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
-11E
rye rii 7 H {;sae lLih�.
EAp1rt1I KalEiwenuam ptal4uelfiy
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: SVC_DEQ.publiccomments <[e-mail]>
Sent: Monday, October 24, 2022 7:37 AM
To: Denard, Derek <[e-mail]>
Subject: FW: [External] Notice of Intent to Issue a NPDES Wastewater Permit NC0090000 Colonial Pipeline
Company
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10/25/22, 2:02 PM Mail - Denard, Derek - Outlook
From: Dale Hufford <[e-mail]> On Behalf Of Dale Hufford
Sent: Saturday, October 22, 2022 1:15 PM
To: SVC_DEQ.publiccomments <[e-mail]>
Subject: [External] Notice of Intent to Issue a NPDES Wastewater Permit NC0090000 Colonial Pipeline Company
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
To whom it may concern,
I am STEADFASTLY opposed to this permit. I am a resident of the Mirabella neighborhood, and own one of the
closest houses to the spill site. I don't believe Colonial has acted in good faith ever since the spill was discovered
in August, 2020. I do NOT want a treatment facility located within a few hundred yards of my property. I do NOT
want toxic water released into the North Prong Clark Creek. I do NOT trust Colonial Pipeline to monitor, test, and
report on activities described in the permit in a responsible or professional manner. There is nothing about this
plan that is environmentally friendly or puts the residents of Huntersville above the profit motives of Colonial
Pipeline. They are simply looking for the quickest and cheapest path to do the minimum required by State and
Federal authorities.
I have little confidence in Colonial Pipeline to properly do its job when it comes to measuring anything other than
how much money it can make. I would prefer they continue hauling this stuff off -site. When a company does not
know they have lost over 1.5 million gallons of the product until a couple of kids find the gas floating on the
surface, how can I trust they will properly treat the waste product and accurately report the test results to the
State. The level of detail in the NCDEQ reporting structure is huge - not something Colonial has a history of being
able to manage.
I respectfully implore the NCDEQ to deny Colonial's request.
Thank you.
Dale Hufford
15911 Loch Raven Rd
Huntersville, NC
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10/25/22, 2:09 PM Mail - Denard, Derek - Outlook
Re: [External] Draft Permit NC0090000
Denard, Derek <[e-mail]>
Mon 10/24/2022 8:30 AM
To: Effie Katsanos <[e-mail]>
Effie,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
ObperUwwn[aI Eo IranmeMal °mkt,'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Effie Katsanos <[e-mail]>
Sent: Sunday, October 23, 2022 3:55 PM
To: Denard, Derek <[e-mail]>
Subject: [External] Draft Permit NC0090000
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10/25/22, 2:09 PM Mail - Denard, Derek - Outlook
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to Report Spam.
Mr. Denard,
I am writing to you about the fuel spill at Oehler Nature Preserve in Huntersville, NC committed by
Colonial Pipeline. Because of their refusal to take full responsibility for what happened and for using
"Type A Sleeve repairs" that caused this incident to happen, I think there should be a public hearing on
the permit requirement and an independent contractor should be used for the water remediation at
the expense of Colonial Pipeline. I do not trust this corporation to properly clean up the waters which
will then be released into our already compromised bodies of water.
Sincerely,
Effie Katsanos
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10/25/22, 2:29 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipeline clean up permit
Denard, Derek <[e-mail]>
Fri 10/21/2022 3:10 PM
To: tina katsanos <[e-mail]>
Cc: Corine Mack <[e-mail]>
Tina,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
7H1H ARCILI P,
DON r n.ntcI B wirocu ental Oualfi�
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: tina katsanos <[e-mail]>
Sent: Thursday, October 20, 2022 4:24 PM
To: Denard, Derek <[e-mail]>
Cc: Corine Mack <[e-mail]>
Subject: [External] Colonial Pipeline clean up permit
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10/25/22, 2:29 PM Mail - Denard, Derek - Outlook
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Dear Derek Denard,
As a leader with several different environmental groups including the NC and Charlotte Mecklenburg
NAACP, I am writing to voice my deep concerns with Colonial Pipeline's request for a permit to treat
the contaminated water from the largest onshore pipeline spill in the history of the United States. I am
also a resident of Huntersville. My 11-year-old son and I rely on well water and despite not being in
the circumscribed unsafe zone around the spill, I still have worries about contamination reaching my
groundwater source.
My concerns about Colonial Pipeline extend beyond the magnitude of the spill. As an environmental
leader and as a resident of Huntersville, I have followed this disaster closely. I have heard testimonies
from directly impacted citizens at Huntersville Townhall meetings. Some of their concerns with the
disaster were tied to the lack of transparency and outright obfuscation on the part of Colonial Pipeline
representatives to adequately address their questions and concerns.
In addition, Colonial Pipeline has shown a flagrant disregard towards requests and deadlines issued by
the NCDEQ. After Colonial Pipeline released the amount of recovered fuel in gallons (April 15, 2021),
NCDEQ responded with significant concerns about the accuracy of the estimated amounts and the
modeling it was based on. NCDEQ Secretary Dionne Dell -Gatti responded with these words: "It is
unacceptable that for eight months Colonial Pipeline has been unable to provide a reliable accounting
of the amount of gasoline released into this community." Dell -Gatti concluded with a call for
accountability.
I must also add that this spill happened because Colonial Pipeline employed a cheap band -aid "Type -
A Sleeve" repair to the part of the pipeline that cracked. I am not sure what year they used this
method of shoddy repair but I do know that Colonial Pipeline has used these types of sleeve repairs all
along the 5,500-mile pipeline which extends from Texas to New Jersey. (Feds Warn Colonial Pipeline Is
At Risk; Company Says Leak Is Deeper Than Reported I WFAE 90.7 - Charlotte's NPR News Source)
AND, according to NC environmental news reporter, Lisa Sorg, this was the 32nd Colonial Pipeline spill
in the state of NC since the year 2000: That is more than one spill per year.
Clearly (and sadly) based on their historical record, Colonial Pipeline can not be trusted to do the work
of water decontamination without keen oversight and regulation. In fact, the safest and most logical
alternative is to require Colonial Pipeline to pay for an independent water remediation contractor to
do the work and to do the work right. The public has a right to a hearing about this permit and other
remediation options.
Thank you for your consideration of this crucial public matter.
Tina Katsanos
NC NAACP, Chair Environmental Justice Committee
Charlotte Mecklenburg NAACP, Chair Climate Justice and Green Jobs Development Committee
The Climate Reality Project -Charlotte Chapter, Community Engagement Liaison
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10/25/22, 2:29 PM Mail - Denard, Derek - Outlook
6620 Cashion Rd/ Huntersville NC, 28078
704.604.8041
I AM PRO SNOW
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10/25/22, 1:46 PM Mail - Denard, Derek - Outlook
Re: [External] Comments for Colonial Pipeline's permit request
Denard, Derek <[e-mail]>
Mon 10/24/2022 4:38 PM
To: Lorian Kyle <[e-mail]>
Cc: [e-mail] <[e-mail]>;Bethany Sprague
<bethanyjill0l @yahoo.com>;Esther Carrasco <[e-mail]>
Lorian,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
]I IN'Ai„).
Geperlmanl aP Enrlronmrtutal Oualkgr
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Lorian Kyle <[e-mail]>
Sent: Monday, October 24, 2022 4:03 PM
To: Denard, Derek <[e-mail]>
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10/25/22, 1:46 PM Mail - Denard, Derek - Outlook
Cc: [e-mail] <[e-mail]>; Kyle, Lorian <[e-mail]>; Bethany
Sprague <[e-mail]>; Esther Carrasco <[e-mail]>
Subject: [External] Comments for Colonial Pipeline's permit request
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious
email as an attachment to Report Spam.<mailto:[e-mail]>
Dear Mr. Denard,
I apologize for this late note as I was just made aware of this request by Colonial Pipeline.
As a resident of the Asbury Chapel Rd area, I believe a hearing on Colonial Pipeline's request should be
held. As the responsible party to the nations largest onshore fuel spill to the environment, I believe
Colonial Pipeline should not be permitted to also serve as the Treatment, Storage, Disposal Facility. I
believe this poses a significant conflict of interest and inherent risk of minimal due diligence in the
protection of the environment. Since the effluent is proposed to be a point source discharge to local
navigable waters I also believe that ANY treatment facility constructed near the spill site, regardless of
who is operating it, should be required to conduct an environmental impact assessment by a third party
firm with findings provided to the citizens most impacted.
I believe a hearing should be conducted with technologies and ultimate disposition of effluent presented
so those experienced in best practices and unbiased commitment to the protection of the environment
can be present.
Regards,
Lorian Kyle
14314 Hus McGinnis Rd
Huntersville, NC 28078
Sent from my iPad
> On Oct 24, 2022, at 13:03, Bethany Sprague <bethanyjill0l @yahoo.com> wrote:
> Hello Derek and other members of NCDEQ,
> Thank you first for taking the time to read my concerns and questions. First, I do not trust Colonial
Pipelines (CP) recommendations to clean the water and protect our environment. They do not have the
people and environment's best interests in mind, as traditionally, it's just about the money for their
industry. However, let's consider multiple experts in the business who are not financially aligned with CP
to be considered in planning how to move forward. I believe the effluent should have ZERO additives,
including benzene, PFAS, and gasoline by-products, not just minimal EPA standards. The water should be
cleaner than found in nature, in my opinion. We have tested our groundwater (well) multiple times and
we have never found benzene or gasoline additives, and we don't want to ever see them in the future.
> We already do not understand how North America's most significant gasoline contamination will affect
our environment for years to come. Will CP be held liable? Are the best testing and cleaning methods
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10/25/22, 1:46 PM Mail - Denard, Derek - Outlook
being used and considered?
> I would like to see a temporary & permanent treatment plant, but can CP provide that this large
treatment facility would be helpful or further detrimental to our air, water, and earth? We should
consider the long-term energy use and potential environmental impact of off -gassing on our beautiful
town!
> I have no concerns about CPs desire to move quickly now by avoiding a public hearing, as this topic
should have been considered since the beginning. Now, however, we can do OUR diligence & hold this
very financially powerful company liable for what they are doing to our beautiful earth.
> We have children & we strongly believe we should be creating a better future for them. It is our
responsibility to stand up and do the right thing.
> Let's do a public hearing, hear the experts, and make CP do the right thing now & for the future of
our children's planet.
> Thank you again for your hard work in this challenging situation,
> George & Bethany Sprague
> 14401 Hus McGinnis Rd
> Huntersville, NC
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10/24/22, 10:26 AM Mail - Denard, Derek - Outlook
Re: [External] public comments
Sen. Natasha Marcus <[e-mail]>
Fri 10/14/2022 4:43 PM
To: Denard, Derek <[e-mail]>
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to Report Spam.
Ok, thank you.
J
Senator Natasha Marcus
NC Senate District 41
Chair, Mecklenburg Delegation
300 N. Salisbury Street, Rm. 519
Raleigh, NC 27603-5925
[e-mail]
Office: (919) 715 -3050
Sign up for my Senate Newsletter here.
EmailSeal
From: Denard, Derek <[e-mail]>
Sent: Friday, October 14, 2022 4:40 PM
To: Sen. Natasha Marcus <[e-mail]>
Cc: Jessica Bolin (Sen. Natasha Marcus) <[e-mail]>; Golann, Skyler <[e-mail]>;
Gurney, Anna <[e-mail]>; Hennessy, John <[e-mail]>; Montebello, Michael J
<[e-mail]>
Subject: Re: [External] public comments
Sen. Marcus,
Public comments can be submitted electronically by sending them directly to me by e-mail at:
[e-mail]
or
[e-mail]
Sincerely,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
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10/24/22, 10:26 AM Mail - Denard, Derek - Outlook
Office: [phone]
[e-mail]
PwriEC)5,
r,1e}II1H AFLrx
E1sWr4nwnteI BrAnm 1r) r t l °mkt,'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Sen. Natasha Marcus <[e-mail]>
Sent: Friday, October 14, 2022 4:20 PM
To: Denard, Derek <[e-mail]>
Cc: Jessica Bolin (Sen. Natasha Marcus) <[e-mail]>; Golann, Skyler <[e-mail]>
Subject: [External] public comments
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to Report Spam.
Hi Derek,
I tried to reach you this afternoon at both phone numbers, but had to leave a message. I am seeking
instructions about how my constituents can submit public comments on this permit request by Colonial
Pipeline: https://deq.nc.gov/news/events/notice-intent-issue-npdes-wastewater-permit-nc0090000-
colonial-pipeline-company
Surely we don't expect people to write and mail a letter in order to have their comments recorded, right?
Is there an online link for public comments? If not, will one be created soon?
Thank you.
Senator Natasha Marcus
NC Senate District 41
Chair, Mecklenburg Delegation
300 N. Salisbury Street, Rm. 519
Raleigh, NC 27603-5925
[e-mail]
Office: (919) 715 -3050
Sign up for my Senate Newsletter here.
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10/25/22, 3:20 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipeline Permit Request; NPDES Permit No. NC0090000
Denard, Derek
Tue 10/25/2022 9:21 AM
To: Sen. Natasha Marcus <[e-mail]>
Cc: Little, Chip <[e-mail]>;Edgar Miller <[e-mail]>;Hennessy, John
<[e-mail]>;Gurney, Anna <[e-mail]>
Sen. Marcus,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
C—Pz)
rk: )111 H {;,SF t.' )1 IN'A
Chopin m.ntof L r aarrpornal 4ualkgr
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Sen. Natasha Marcus <[e-mail]>
Sent: Monday, October 24, 2022 6:28 PM
To: Denard, Derek <[e-mail]>
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10/25/22, 3:20 PM Mail - Denard, Derek - Outlook
Cc: Little, Chip <[e-mail]>; Edgar Miller <[e-mail]>
Subject: [External] Colonial Pipeline Permit Request; NPDES Permit No. NC0090000
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Mr. Denard,
On behalf of my constituents in Huntersville, and the people downstream, I am requesting a public
hearing on the permit request to treat contaminated water on the site of the Colonial Pipeline gasoline
leak. I am concerned about:
• the levels of benzene and other toxins that are proposed for the effluent,
• possible errors in the application of technology -based effluent limitations,
• the size and possible disturbance created by a permanent water treatment plant in this rural and
residential area,
• the fact that there is no plan to test for and remove PFAS, and
• the impact that the increase in discharge into the North Prong Clarke Creek might have on the
already -impaired creek.
It's possible that all these concerns are or will be addressed before the permit is grated, but at this time I
am not comfortable. I am also concerned that without a public hearing, residents will feel like their
concerns have not been taken seriously and addressed adequately to ensure their safety.
Thank you for your consideration.
Senator Natasha Marcus
NC Senate District 41
Chair, Mecklenburg Delegation
300 N. Salisbury Street, Rm. 519
Raleigh, NC 27603-5925
[e-mail]
Office: (919) 715 -3050
Sign up for my Senate Newsletter here.
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10/25/22, 1:42 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipeline Wastewater Treatment Permit
Denard, Derek <[e-mail]>
Tue 10/25/2022 9:38 AM
To: MikeMcD <[e-mail]>
Mike,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This facility
proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee River Basin
and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm), the
Division will review all pertinent comments. The Director of the NC Division of Water Resources may hold a
public hearing should there be a significant degree of public interest. If a public hearing is held, a notice of
public hearing will be published at least 30 days before a meeting is scheduled. For your information draft
permit NC0090000 is provided at the following link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
NQRTH CARQLIFy+A
OeperlmdIll of ErcNraarneMal 4uelfiy
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: SVC_DEQ.publiccomments <[e-mail]>
Sent: Tuesday, October 25, 2022 8:08 AM
To: Denard, Derek <[e-mail]>
Subject: FW: [External] Colonial Pipeline Wastewater Treatment Permit
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 1/2

10/25/22, 1:42 PM Mail - Denard, Derek - Outlook
From: MikeMcD <[e-mail]>
Sent: Monday, October 24, 2022 10:18 AM
To: SVC_DEQ.publiccomments <[e-mail]>
Subject: [External] Colonial Pipeline Wastewater Treatment Permit
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
As a resident of the Mirabella community in Huntersville, NC, less than 1/4 mile from the proposed
wastewater treatment plant for the Colonial Pipeline spill, I must firmly object to the issuance of such a permit
based on the following:
1. Colonial Pipeline has failed in its public responsibilities to effectively monitor and manage its core
operations of safely operating a pipeline. The public cannot trust a company that failed to identify a
massive 2+ million gallon leak of petroleum products to effectively monitor the very specific, minuscule
compounds, minerals, acids, and other materials being discharged from a wastewater treatment
facility.
2. Colonial Pipeline and NCDEQ have failed to provide sufficient information to the public and to local
governmental agencies regarding the design, construction, and long-term environmental impacts that
might exist as a result of this proposed action. No conceptual building or facility plans have been
provided, no specific location of said facility, no environmental impact studies of the downstream
effects of such discharge, and no public forum to obtain information on this request.
3. There has been no public discussion on alternatives to the proposed plan, why this plan should be
approved rather than continuation of the present operation to haul this wastewater off -site, nor the term
or lifespan of such proposed facility.
4. If, in fact, the lifespan for such a facility is justified, then one must wonder why the fines leveled against
Colonial have not reflected a multi -year, perhaps multi -decade impact to the environment and the
community. The existence of such a facility within the community only further magnifies the amount of
harm being done to the environment and the community far beyond the initial fines placed against
Colonial.
Let's get back to some basics here and allow for debate, for communication, for alternatives to be
considered. Even the Town of Huntersville did not know of this comment period until October 14th, just 10
days before the closure of public comments. What kind of communications is this from the NCDEQ?
M. E. McDorman
16500 Monocacy Blvd
Huntersville, NC 28078
Sent with Proton Mail secure email.
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10/25/22, 2:11 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipeline permit request
Denard, Derek <[e-mail]>
Mon 10/24/2022 8:29 AM
To: Suzanne Pegler <[e-mail]>
Suzanne,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
ObperUwwn[aI Eo IranmeMal °mkt,'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Suzanne Pegler <[e-mail]>
Sent: Sunday, October 23, 2022 1:55 PM
To: Denard, Derek <[e-mail]>
Subject: [External] Colonial Pipeline permit request
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 1/2

10/25/22, 2:11 PM Mail - Denard, Derek - Outlook
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email as an attachment to Report Spam.<mailto:[e-mail]>
Mr. Denard,
I am writing you today to express my sincere concern regarding Colonial Pipline's request for a permit to
treat the contaminated water which is being extracted from the 2 million + gallon fuel spill in
Huntersville. Our property has been directly effected by this incident and we have no confidence that
Colonial Pipeline would manage a water treatment facility effectively.
I am requesting a public hearing about this contaminated water issue and plans to remediate it.
Thank you for your consideration around my request.
Suzanne Pegler
14037 Lawther Rd.
Huntersville, NC 28078
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10/25/22, 1:40 PM Mail - Denard, Derek - Outlook
Re: [External] Request for public hearing on wastewater permit NC0090000 Colonial
Pipeline Company
Denard, Derek <[e-mail]>
Mon 10/24/2022 11:57 AM
To: Powell, Elaine M <[e-mail]>;SVC_DEQ.publiccomments
<[e-mail]>
Cc: Sen. Natasha Marcus <[e-mail]>;Diorio, Dena
<[e-mail]>;Johnson, Leslie
<[e-mail]>;Rodriguez-McDowell, Susan <Susan.Rodriguez-
[e-mail]>;Jerrell, Mark D <[e-mail]>;Melinda
Bales <[e-mail]>;Caldwell, Shawna <[e-mail]>;Stacy
Phillips <[e-mail]>;Ceccarelli, Don <[e-mail]>;Altman,
Leigh <[e-mail]>;Michael, Jeff <[e-mail]>;Hennessy, John
<[e-mail]>;Gurney, Anna <[e-mail]>
Commissioner Powell,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following link:
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?id=2499745&d bid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
CV)
WNTH {y.4$ K)LI
DigurendetclBrArunmeMalOuelfiy\
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Carolina Public Records Law and may be disclosed to third parties.
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10/25/22, 1:40 PM Mail - Denard, Derek - Outlook
From: Powell, Elaine M <[e-mail]>
Sent: Monday, October 24, 2022 11:20 AM
To: Denard, Derek <[e-mail]>; SVC_DEQ.publiccomments <[e-mail]>
Cc: Sen. Natasha Marcus <[e-mail]>; Diorio, Dena <[e-mail]>;
Johnson, Leslie <[e-mail]>; Rodriguez -McDowell, Susan <Susan.Rodriguez-
[e-mail]>; Jerrell, Mark D <[e-mail]>; Melinda
Bales <[e-mail]>; Caldwell, Shawna <[e-mail]>; Stacy
Phillips <[e-mail]>; Ceccarelli, Don <[e-mail]>; Altman, Leigh
<[e-mail]>; Michael, Jeff <[e-mail]>
Subject: [External] Request for public hearing on wastewater permit NC0090000 Colonial Pipeline Company
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to Report Spam.
Dear NCDEQ/DWR/NPDES - Water Quality Permitting Section,
As the Mecklenburg County Commissioner representing this District in North
Mecklenburg, I am requesting that NCDEQ hold a Public Hearing for the
following permit: Notice of Intent to Issue a NPDES Wastewater Permit
NCoo9oo0o Colonial Pipeline Company I NC DEQ
Sincerely,
Commissioner Elaine Powell
Elaine M. Powell
Board Vice -Chair
Mecklenburg County Commissioner, District 1
Mecklenburg County Government
600 East 4th Street, 11th Floor
Charlotte, NC 28202
Office: 980-314-2876 I [e-mail]
From: Altman, Leigh <[e-mail]>
Sent: Saturday, October 15, 2022 5:07 PM
To: [e-mail]; [e-mail]
Cc: carter.nancy545 <[e-mail]>; Powell, Elaine M
<[e-mail]>; Sen. Natasha Marcus <[e-mail]>; Diorio, Dena R.
<[e-mail]>; Johnson, Leslie <[e-mail]>;
Rodriguez -McDowell, Susan <[e-mail]>; Jerrell, Mark D
<[e-mail]>; Melinda Bales <[e-mail]>
Subject: Public Hearing re: Colonial Pipeline Leak Site
Dear NCDEQ/DWR/NPDES,
I write to urge NCDEQ to hold a public hearing on the application for the permit referenced below to ensure a) the
public is aware of the plans, b) the public's questions are answered, and c) safety concerns are fully resolved
before the project is approved.
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10/25/22, 1:40 PM Mail - Denard, Derek - Outlook
Sincerely,
Leigh Altman
Leigh Braslow Altman, J.D.
County Commissioner, At -Large
Mecklenburg County Government
600 East 4th Street, llth Floor
Charlotte, NC 28202
980 279 6267
[e-mail]
From: "Sen. Natasha Marcus" <[e-mail]>
Date: October 14, 2022 at 4:56:53 PM EDT
Cc: "Jessica Bolin (Sen. Natasha Marcus)" <[e-mail]>
Subject: [External]Alert Concerning Clean Up at Colonial Pipeline Leak Site
Hello everyone,
I hope you are doing well. I recently received some important updates on the gasoline clean up work and wanted
to share them with you immediately.
Colonial Pipeline has applied for a permit to treat contaminated water onsite and then release it directly into the
North and South Prong Clarke Creek in Huntersville.
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 3/3

10/25/22, 3:02 PM Mail - Denard, Derek - Outlook
RE: [External] Fact sheet for NPDES Permit No. 0090000
Patrick Hunter <[e-mail]>
Thu 10/6/2022 8:50 PM
To: Denard, Derek <[e-mail]>
Cc: Henry Gargan <[e-mail]>;Hennessy, John <[e-mail]>;Dowden, Doug
<doug.dowden@ ncdenr.gov>
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to Report Spam. I
Thanks, Derek. I appreciate you all including the RPA spreadsheets with the fact sheet.
John — I'm afraid I don't fully grasp how the analysis documented in the RPA spreadsheets is converted to a limit in
the NPDES permit. For example, how does the analysis in the RPA spreadsheet for benzene convert to a NPDES
limit of 274 ug/L? I'm hoping someone can walk us through that analysis so we can understand it better.
Thanks,
Patrick
Patrick Hunter (he/him)
Asheville Office Managing Attorney
Southern Environmental Law Center
48 Patton Ave, Suite 304
Asheville, NC 28801
[e-mail]
Tel: [phone]
Fax: [phone]
PRIVILEGE AND CONFIDENTIALITY NOTICE
This message is intended only for the use of the individual or entity to which it is addressed and may contain information that
is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient of this
message, you are hereby notified that disseminating, distributing, or copying it or any attachment to it is strictly prohibited.
If you have received this message in error, please notify me immediately by email and delete the original message.
From: Denard, Derek <[e-mail]>
Sent: Thursday, October 6, 2022 3:41 PM
To: Patrick Hunter <[e-mail]>
Cc: Henry Gargan <[e-mail]>; Hennessy, John <[e-mail]>; Dowden, Doug
<[e-mail]>
Subject: Re: [External] Fact sheet for NPDES Permit No. 0090000
Patrick,
The draft factsheet is complete for the information you have requested. Information on permit limits
that are based on water quality standards and criteria is provided in great detail throughout the draft
factsheet. Please see draft factsheet pages 4-8 and RPA spreadsheet attachments pages 30 through 85
of the pdf file. If you need any further assistance in this matter, please contact John Hennessy.
Sincerely,
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 1/6

10/25/22, 3:02 PM Mail - Denard, Derek - Outlook
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
E
N )IR1H{;,]F t.'}1 INA
Oeperlmanl of EmrlronmeMal Qualm'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Patrick Hunter <[e-mail]>
Sent: Wednesday, October 5, 2022 5:06 PM
To: Denard, Derek <[e-mail]>
Cc: Henry Gargan <[e-mail]>; Hennessy, John <[e-mail]>; Dowden, Doug
<[e-mail]>
Subject: RE: [External] Fact sheet for NPDES Permit No. 0090000
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Derek,
Just checking in again to see if you can help us understand how the limits based water quality standards and in -
stream target values were calculated.
Thanks,
Patrick
Patrick Hunter (he/him)
Asheville Office Managing Attorney
Southern Environmental Law Center
48 Patton Ave, Suite 304
Asheville, NC 28801
[e-mail]
Tel: [phone]
Fax: [phone]
PRIVILEGE AND CONFIDENTIALITY NOTICE
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10/25/22, 3:02 PM Mail - Denard, Derek - Outlook
This message is intended only for the use of the individual or entity to which it is addressed and may contain information that
is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient of this
message, you are hereby notified that disseminating, distributing, or copying it or any attachment to it is strictly prohibited.
If you have received this message in error, please notify me immediately by email and delete the original message.
From: Denard, Derek <[e-mail]>
Sent: Friday, September 30, 2022 4:10 PM
To: Patrick Hunter <[e-mail]>
Cc: Henry Gargan <[e-mail]>; Hennessy, John <[e-mail]>; Dowden, Doug
<[e-mail]>
Subject: Re: [External] Fact sheet for NPDES Permit No. 0090000
Patrick,
The draft factsheet is complete for the information that you have requested. Let me check with my
supervisor next week and see how we may best address your questions.
Sincerely,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
PwrIE
\` lilri 'tiFzcILNA
O NFUIFMR el BrAnonmeMal 41Fakty'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Patrick Hunter <phunteselcnc.org>
Sent: Friday, September 30, 2022 3:44 PM
To: Denard, Derek <[e-mail]>
Cc: Henry Gargan <[e-mail]>
Subject: RE: [External] Fact sheet for NPDES Permit No. 0090000
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attachment to Report Spam.
Derek,
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10/25/22, 3:02 PM Mail - Denard, Derek - Outlook
I wanted to check in again here re the questions below.
Have a good weekend.
Patrick
Patrick Hunter (he/him)
Asheville Office Managing Attorney
Southern Environmental Law Center
48 Patton Ave, Suite 304
Asheville, NC 28801
phunter©selcnc.org
Tel: [phone]
Fax: [phone]
PRIVILEGE AND CONFIDENTIALITY NOTICE
This message is intended only for the use of the individual or entity to which it is addressed and may contain information that
is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient of this
message, you are hereby notified that disseminating, distributing, or copying it or any attachment to it is strictly prohibited.
If you have received this message in error, please notify me immediately by email and delete the original message.
From: Patrick Hunter
Sent: Tuesday, September 27, 2022 5:33 PM
To: Denard, Derek <[e-mail]>
Cc: Henry Gargan <hgarganPselcnc.org>
Subject: RE: [External] Fact sheet for NPDES Permit No. 0090000
Thanks, Derek. I have a few follow-up questions and I'm copying my colleague Henry Gargan who is trying to help
me understand this permit.
Am I understanding correctly (based on pages 11-12 of the fact sheet) that TSS, oil & grease, and chloromethane
are the only parameters with TBELS? Did DEQ evaluate TBELS for any other parameters?
Page 9 of the fact sheet says: "If any limits are based on best professional judgment (BPJ), describe development."
It then cites to regulations implementing the Clean Water Act but never describes development of any limits
based on BPJ. Do you have additional documentation describing development of any limits using BPJ?
I'm struggling to understand how some of the limits based on WQBELs and in -stream target values were
calculated —for example, for benzene (WQBEL) and xylenes (in -stream target value). Could you explain how those
limits were developed? I'm happy to set up a call if that would be easier.
Thank you.
Patrick
Patrick Hunter (he/him)
Asheville Office Managing Attorney
Southern Environmental Law Center
48 Patton Ave, Suite 304
Asheville, NC 28801
phunter selcnc.org
Tel: [phone]
Fax: [phone]
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10/25/22, 3:02 PM Mail - Denard, Derek - Outlook
PRIVILEGE AND CONFIDENTIALITY NOTICE
This message is intended only for the use of the individual or entity to which it is addressed and may contain information that
is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient of this
message, you are hereby notified that disseminating, distributing, or copying it or any attachment to it is strictly prohibited.
If you have received this message in error, please notify me immediately by email and delete the original message.
From: Denard, Derek <[e-mail]>
Sent: Friday, September 23, 2022 2:22 PM
To: Patrick Hunter <[e-mail]>
Subject: Re: [External] Fact sheet for NPDES Permit No. 0090000
Patrick,
Please find the attached draft fact sheet for draft NPDES Permit NC0090000.
Sincerely,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Fk:Tii1 is i : VLIFwsk
ElhogGrImetCP Eo.Aronrnorvla l otokrr
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Patrick Hunter <[e-mail]>
Sent: Friday, September 23, 2022 9:23 AM
To: Denard, Derek <derek.denardjncdenr.gov>
Subject: [External] Fact sheet for NPDES Permit No. 0090000
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Derek,
Can you please share the fact sheet for draft NPDES Permit No. 0090000 (Colonial Pipeline Company)?
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 5/6

10/25/22, 3:02 PM
Thanks,
Patrick
Mail - Denard, Derek - Outlook
Patrick Hunter (he/him)
Asheville Office Managing Attorney
Southern Environmental Law Center
48 Patton Ave, Suite 304
Asheville, NC 28801
phunter selcnc.org
Tel: [phone]
Fax: [phone]
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10/25/22, 3:05 PM Mail - Denard, Derek - Outlook
Re: [External] Comments on draft NPDES No. NC0090000
Denard, Derek <[e-mail]>
Tue 10/25/2022 9:18 AM
To: Patrick Hunter <[e-mail]>
Cc: Henry Gargan <[e-mail]>;Hennessy, John <[e-mail]>;Dowden, Doug
<[e-mail]>;Gurney, Anna <[e-mail]>
Mr. Hunter,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
]I IN'Ai„).
Geperlmanl aP Enrlronmrtutal Oualkgr
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Patrick Hunter <[e-mail]>
Sent: Monday, October 24, 2022 4:53 PM
To: Denard, Derek <[e-mail]>
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 1/2

10/25/22, 3:05 PM Mail - Denard, Derek - Outlook
Cc: Henry Gargan <[e-mail]>
Subject: [External] Comments on draft NPDES No. NC0090000
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to Report Spam.
Mr. Denard:
Attached please find comments on draft NPDES permit No. NC0090000 submitted on behalf of Catawba
Riverkeeper Foundation and Yadkin Riverkeeper. If we can answer questions or clarify any of our concerns, please
do not hesitate to let us know.
Thanks,
Patrick
Patrick Hunter (he/him)
Asheville Office Managing Attorney
Southern Environmental Law Center
48 Patton Ave, Suite 304
Asheville, NC 28801
[e-mail]
Tel: [phone]
Fax: [phone]
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is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient of this
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If you have received this message in error, please notify me immediately by email and delete the original message.
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SOUTHERN
ENV RONMENTAL
CENTER
Via Electronic Mail and U.S. Mail
NCDEQ/DWR/NPDES
Water Quality Permitting Section
c/o Derek Denard
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[e-mail]
48 Patton Avenue, Suite 304 Telephone [phone]
Asheville, NC 28801 Facsimile 828-258-2024
October 24, 2022
Re: Draft NPDES Permit No. NC0090000
Dear Mr. Denard:
Please accept these comments on behalf of the Catawba Riverkeeper Foundation, Yadkin
Riverkeeper and the Southern Environmental Law Center concerning DEQ's review of draft
NPDES Permit No. NC0090000 for wastewater discharges from a groundwater remediation
system to be operated by the Colonial Pipeline Company ("Colonial").
The Yadkin Riverkeeper is a nonprofit, membership organization whose mission is to
protect and enhance the Yadkin -Pee Dee River basin through education, advocacy, and action.
The organization works to ensure a healthy Yadkin -Pee Dee River that provides clean drinking
water and is safe for recreational use by the basin's nearly three million residents.
The Catawba Riverkeeper Foundation is a local, community -based group of members and
volunteers working primarily to protect the 8,900 miles of waterways within the Catawba-
Wateree basin. The Catawba Riverkeeper Foundation is headquartered in Charlotte, NC. Many
of its members reside near and use waters within the vicinity of the proposed groundwater
remediation system, even though that system will be located in the Yadkin -Pee Dee River basin.
Members of both the Catawba Riverkeeper Foundation and Yadkin Riverkeeper are concerned
about the effects of pollution from the proposed discharge.
The Southern Environmental Law Center is a nonprofit, legal organization working to
protect the basic right to clean air, clean water, and a livable climate; to preserve the South's
natural treasures and rich biodiversity; and to provide a healthy environment for all.
The proposed NPDES permit would allow Colonial to extract, treat, and discharge 0.576
million gallons of contaminated groundwater per day (as a monthly average) into North Prong
Clark Creek, near the site of a 2020 gasoline spill from one of its pipelines. As DEQ is aware, the
spill has long been a headache for nearby residents; construction and operation of a new
wastewater treatment plant will add to the cumulative burden on this community. To ensure the
community is informed of this most recent development, we respectfully request that DEQ
Charlottesville Chapel Hill Atlanta Asheville Birmingham Charleston Nashville Richmond Washington, DC

hold a public hearing to allow affected residents and other stakeholders to comment on the
draft permit.
We understand that time is of the essence to ensure the cleanup operation is as successful
as possible: Under the ongoing remediation scheme, the removal of contaminated groundwater is
limited by how much extracted groundwater can be loaded onto trucks each day. Approving this
discharge permit sooner rather than later would relieve that bottleneck and allow Colonial to
extract greater volumes of water before the contaminant plume radiates even farther into the
water table than it already has.
We therefore urge DEQ to promptly fix the errors in the draft permit identified below and
act quickly to ensure the final permit complies with the law. Many of our concerns would be
mitigated or resolved through application of technology -based effluent limitations ("TBELs").
The Clean Water Act requires DEQ to impose TBELs in NPDES permits, but the agency has
failed to do so for nearly every contaminant listed in the draft permit. In our experience, DEQ
frequently bypasses this critical step when developing NPDES permits leading to ongoing,
unnecessarily high —and illegal —pollutant loading in waterways across the state.
Application of TBELs is straightforward here. Not only is technology widely available to
treat the discharges to bring contaminant levels well below those authorized in the draft permit
but Colonial has already explained that it plans to use that technology. Yet DEQ never takes this
technology into account when developing effluent limitations in the draft permit. This violates
the Clean Water Act. DEQ must revise the draft permit to include TBELs as required.
Of particular importance, DEQ must require Colonial to disclose if the class of chemicals
known as per- and polyfluoroalkyl substances ("PFAS") may be present in the effluent from the
proposed wastewater treatment plant —regardless of whether Colonial is the original source of
those PFAS in the environment —and apply TBELs appropriately and water quality -based
effluent limitations as necessary. North Carolina has recognized the numerous adverse effects
associated with PFAS exposure;' there is no reason these compounds should be unnecessarily
added to our surface waters.
I. DEQ must impose TBELs for all constituent pollutants.
The draft permit only imposes TBELs on three constituent pollutants (total suspended
solids, oil & grease, and chloroethane),2 leaving the remainder accountable only to meeting
limits calculated based on numeric water quality standards (water -quality based effluent
limitations or "WQBELs") or in -stream target values (for pollutants with no numeric water
quality standard). For reasons that follow, these omissions are inconsistent with DEQ's
obligations under the Clean Water Act and must be swiftly corrected.
' North Carolina DEQ, Action Strategy for PFAS (June 7, 2022), at 5, available at
https://deq.nc.gov/media/30108/open#::text North%20Carolina%20is%20working%20aggressively,nonstick%20p
roducts%20and%20firefighting%20foams.
2 Draft Fact Sheet for NPDES Permit No. 0090000 (Sept. 20, 2022) ("Draft Fact Sheet"), at 8-9.
2

A. The Clean Water Act requires DEQ to evaluate technologies available to treat
pollutants and impose TBELs accordingly.
Congress passed the Clean Water Act in 1972 "to restore and maintain the chemical,
physical, and biological integrity of the Nation's waters." 33 U.S.C. § 1251(a). To that end,
Congress established an "interim goal of [achieving] water quality which provides for the
protection and propagation of fish, shellfish, and wildlife and provides for recreation ... by July
1, 1983" and a longer -term "goal that the discharge of pollutants into the navigable waters be
eliminated by 1985." Id. § 1251(a)(1), (2) (emphasis added). To meet those goals, Congress
prohibited the discharge of pollutants3 from point sources4 without a permit. See id. § 1311(a).
The Clean Water Act's National Pollutant Discharge Elimination System ("NPDES") permitting
program is structured around progressive improvements in pollution control over time to meet
Congress's "national goal" of eliminating discharges of pollutants. See id. § 1251(a)(1).5
NPDES permits control pollution through two primary mechanisms: first, by setting
limits based on technologies available to treat pollutants (using TBELs), and second, by setting
any additional limits necessary to ensure compliance with water quality standards (using
WQBELs). 33 U.S.C. §§ 1311(b), 1314(b); 40 C.F.R. § 122.44(a)(1), (d). Every NPDES permit
"shall" contain TBELs, which set the minimum level of control required in every NPDES permit.
40 C.F.R. § 125.3(a). DEQ may issue a NPDES permit only if the permit assures compliance
with all technology -based and water quality -based effluent limits. 33 U.S.C. § 1342(a)(1)(A); 40
C.F.R. § 122.43(a).
Stated differently, to comply with the Clean Water Act, a permit writer first imposes
TBELs and subsequently evaluates the need to impose additional WQBELs if the TBELs are
insufficient to ensure compliance with water quality standards. TBELs "are developed
independently of the potential impact of a discharge on the receiving water, which is addressed
through water quality standards and water quality based effluent limitations." EPA, NPDES
Permit Writers' Manual at 5-1.6 A discharger must implement TBELs, even if doing so goes
beyond the level necessary to meet water quality standards. Id.; see 15A NCAC 2B.0404(a) ("if
the discharge is subject to both technology based and water quality based effluent limitations for
a parameter, the more stringent limit shall apply"). Permit writers run afoul of the Clean Water
Act by focusing exclusively on WQBELs, in part, because doing so forecloses the Congressional
goal of eliminating discharges of pollutants to navigable waters —discharges would be
maintained so long as they did not violate water quality standards.
3 "The term `pollutant' means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water." 33 U.S.C.§ 1362(6).
4 "The term `point source' means any discemible, confined and discrete conveyance, including but not limited to any
pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding
operation, or vessel or other floating craft, from which pollutants are or may be discharged." 33 U.S.C. § 1362(14).
5 North Carolina administers the NPDES program within its borders under delegated authority from EPA. See
National Pollutant Discharge Elimination System Memorandum of Agreement Between The State Of North
Carolina And The United States Environmental Protection Agency Region 4 (2007) available at
https://www. epa. gov/site s/default/files/2013-09/documents/nc-moa-npdes.pdf.
6 Available at https://www.epa.gov/sites/production/files/2015-09/documents/pwm 2010.pdf.
3

Technology -based limits are derived from one of two sources: (1) national effluent
limitation guidelines issued by EPA for various industries, 33 U.S.C. § 1314(b), or (2) case -by -
case determinations using permit writers' "best professional judgment" ("BPJ"), when EPA has
not issued an effluent limitation guideline for an industry. See 33 U.S.C. § 1342(a)(1)(B); 40
C.F.R. § 125.3(c)(2). Restated, "[w]here EPA -promulgated effluent guidelines are not applicable
to a non -[publicly owned treatment works] discharge, such requirements are established on a
case -by -case basis using BPJ." EPA, NPDES Permit Writers' Manual at 5-45. North Carolina
rules likewise direct staff to calculate TBELs using "available information" in the absence of a
promulgated effluent limitation guideline. 15A NCAC 02B .0406(b)(3).
B. DWR failed to include 7BELS for constituent pollutants in the draft permit.
Almost all the limits the draft permit imposes on the discharge's constituent pollutants
are based only on a WQBEL developed to ensure compliance with numeric water quality
standards for individual pollutants or in -stream target values.' The Clean Water Act requires
more. As explained above, WQBELs are only a backstop when TBELs alone would not provide
for the attainment of water quality -based standards. The draft permit includes no indication that
DEQ considered whether technology exists to achieve the further pollutant reductions the Clean
Water Act requires —or even that DEQ factored into its analysis the technology that Colonial has
already committed to use. Instead, DEQ skipped directly to applying WQBELs for all but three
pollutants. DEQ must take the additional step —which should have been its first step —to
consider and apply TBELs before finalizing the permit.
The draft permit includes a TBEL for total suspended solids based on an EPA -issued
effluent limitation guideline.8 But DEQ's legal obligation to impose TBELs is not contingent on
whether EPA has issued effluent limitation guidelines. In a step in the right direction, DEQ has
also imposed TBELs using BPJ for oil and grease and chloroethane.9 Unfortunately, DEQ stops
there and does not complete the necessary step of exercising BPJ to determine if it should impose
TBELs for any other pollutant. The requirement for permit writers to use BPJ to impose a TBEL
is unequivocal; DEQ must use BPJ to apply TBELs to other pollutants.
As noted above, the failure to develop and apply TBELs here is particularly striking
because technologies are readily available to reduce the discharge of many of the relevant
pollutants and because Colonial has disclosed that it plans to use those technologies. Restated,
DEQ developed effluent limits without accounting for technology the permittee has already
agreed to use at this site. This demonstrates a clear failure to exercise BPJ to set TBELs—in
violation of the Clean Water Act —and permits Colonial to discharge unreasonably high amounts
of many pollutants.
Draft Fact Sheet at 11-13.
8 Id. at 11 (citing 40 C.F.R. Part 133)
9 Id. at 11-12.
4

According to the draft permit, Colonial plans to utilize granular activated carbon to treat
contaminated groundwater before discharging it to North Prong Clark Creek.10 As scientists and
other state agencies have acknowledged, packed tower aeration and granular activated carbon are
both capable of reducing benzene concentrations, for instance, below 5 parts per billion —the
federal standard for drinking water, and more than 50 times lower than the 274 parts per billion
upper limit the draft permit would impose." These technologies are also used to treat other
aromatic hydrocarbons identified by DEQ's reasonable potential analysis for this draft permit.12
In other words, use of granular activated carbon here should result in reductions in effluent levels
for multiple constituents planned to be discharged by Colonial (including, as discussed below,
PFAS). Colonial has told DEQ it plans to treat the groundwater using granular activated carbon;
unmistakably, this technology is available for use at this site; DEQ must factor this technology
into its analysis and implement TBELs as the Clean Water Act requires.
Importantly, calculating effluent limitations accounting for the use of granular activated
carbon could make a meaningful difference in the amount of pollution discharged to North Prong
Clark Creek. Perhaps most obviously, it would ensure that Colonial follows through on its
commitments to implement that technique. But more importantly, because the effectiveness of
granular activated carbon treatment depends in large part on how the filters are maintained,13
using the technology to establish TBELs would hold the permittee accountable for a high
standard of maintenance and diligence.
DEQ must demonstrate in the final permit that it has investigated the availability and
capabilities of technologies to treat the pollutants that will be discharged from this facility. This
unquestionably must include technologies Colonial has already committed to use. Where such
technology exists, DEQ must require Colonial to reduce effluent pollutant concentrations to the
levels achievable with such technology through application of TBELs.
II. DEQ must require Colonial to disclose whether PFAS will be present in the
discharge and, if so, apply appropriate controls —including TBELs.
In response to the 2020 gasoline spill, it appears that foam containing high levels of
PFAS (through cross -contamination or otherwise) was used as a suppressant. Perhaps as a result,
monitoring around the spill site has detected PFAS in soil and groundwater samples —the same
groundwater Colonial plans to treat and discharge through the proposed wastewater treatment
10 Draft NPDES Permit No. NC0090000 ("Draft Permit"), at 2.
11 See Oregon Health Authority, Benzene and Drinking Water, at 2, available at
hops://www.ore gon. gov/oha/PH/HEALTHYENVIRONMENTS/DRINKINGWATER/MONITORING/Documents/
health/benzene.pdf ("Benzene can be reduced below 5 ppb in drinking water using granular activated carbon
filtration or packed tower aeration.").
12 Draft Fact Sheet at 11-12; see also Abdukarem I. Amhamed et al., Optimizing the design parameters of a packed
column aerator for VOC removal: A real case study on polluted ground water, J. OF OIL, GAS, AND PETROCHEMICAL
Sci. (2022) (explaining how benzene, ethyl -benzene, toluene, and xylenes are typically found and treated together in
groundwater remediation after gasoline spills).
13 U.S. EPA, Wastewater Technology Fact Sheet: Granular Activated Carbon Adsorption and Regeneration
(September 2000), at 5, available at
hops://nepis.epa.gov/Exe/ZyPDF. cgi/P 1001 QTK.PDF?Dockey=P 1001 QTK.PDF.
5

plant. Accordingly, it is possible —if not likely —that the discharge from the wastewater
treatment plant will contain PFAS. Colonial must disclose if PFAS will be discharged and, if so,
DEQ must impose appropriate TBELs and, as discussed in Section III, WQBELs as necessary.
A. PFAS present serious threats to human health.
PFAS are a group of man-made chemicals manufactured and used broadly by industry
since the 1940s.14 The human health and environmental problems associated with PFAS
exposure are now widely known; PFAS pose a significant threat to human health at extremely
low concentrations. Two of the most studied PFAS—perfluorooctanoic acid and perfluorooctane
sulfonate—are bioaccumulative and highly persistent in humans.15 These PFAS have been
shown to cause developmental effects to fetuses and infants, kidney and testicular cancer, liver
malfunction, hypothyroidism, high cholesterol, ulcerative colitis, obesity, decreased immune
response to vaccines, reduced hormone levels, delayed puberty, and lower birth weight and
size.16 Studies show that exposure to mixtures of different PFAS can worsen these health
effects.''
EPA recently recognized PFAS as "an urgent public health and environmental issue
facing communities across the United States." 8 And EPA has called on "[e]very level of
government —federal, Tribal, state, and local—[ ] to exercise increased and sustained leadership
to accelerate progress to clean up PFAS contamination [and] prevent new contamination,"
specifically calling on states to "[1]everage NPDES permitting to reduce PFAS discharges to
waterways." 19
14 Lifetime Drinking Water Health Advisories for Four Perfluoroalkyl Substances, 87 Fed. Reg. 36,848, 36,849
(June 21, 2022); Our Current Understanding of the Human Health and Environmental Risks of PFAS, U.S. EPA,
https://www. epa. gov/pfas/our-current-understanding-human-health-and-environmental-risks-pfas.
15 87 Fed. Reg. at 36,849; U.S. EPA, Interim Drinking Water Health Advisory: Perfluorooctanoic Acid (PFOA)
CASRN 335-67-1 (June 2022), at 3-4, available at https://www.epa.gov/system/files/documents/2022-06/interim-
pfoa-2022.pdf; U.S. Env't Prot. Agency, Interim Drinking Water Health Advisory: Perfluorooctane Sulfonic Acid
(PFOS) CASRN 1763-23-1 (June 2022), at 3-4, available at https://www.epa.gov/system/files/documents/2022-
06/interim-pfo s-2022.pdf.
16 Arlene Blum et al., The Madrid Statement on Poly- and Perfluoroalkyl Substances (PFASs), 123 ENV'T. HEAD
PERSP. 5, A 107 (May 2015); U.S. Env't Prot. Agency, Drinking Water Health Advisories for PFAS: Fact Sheet for
Communities, at 1-2 (June 2022), available at https://www.epa.gov/system/files/documents/2022-06/drinking-
water-ha-pfas-factsheet-communities.pdf.
17 Emma V Preston et al., Prenatal Exposure to Per- and Polyfluoroalkyl Substances and Maternal and Neonatal
Thyroid Function in the Project Viva Cohort: A Mixtures Approach, 139 ENV'T INT'L 1 (2020),
https://perma.cc/DJK3-87SN.
18 EPA, PFA Strategic Roadmap: EPA's Commitments to Action 2021-2024 at 1, available at
hops://www.epa.gov/system/files/documents/2021-10/pfas-roadmap final-508.pdf
19 Id.
6

B. Colonial's effluent discharges will likely contain PFAS.
It appears likely that Colonial's discharges will contain PFAS. The initial response to the
spill involved treating the site using 1,100 gallons of vapor- and fire -suppressing foam,20 which
lab results show contained dangerously high levels of dozens of PFAS compounds —some
exceeding 20,000 parts per trillion.21 Recent health advisory levels for some PFAS compounds
start as low as hundredths or thousandths of parts per trillion.22 PFAS has been detected in
groundwater at the site at levels up to 154 parts per trillion.23 Colonial's sampling to date may
underestimate the amount of PFAS onsite as the company only treats concentrations from its
groundwater sampling above 10 parts per trillion as significant even though levels below this
threshold can negatively impact people and the environment.24
PFAS released at the site —through the use of vapor- and fire -suppressing foam or
otherwise —are likely to persist in the environment for a significant period of time. PFAS are
also highly durable and mobile, able to easily seep into groundwater through soil and spread
through the water table.25 If PFAS reach Colonial's recovery wells —even if that does not happen
for months or years —their persistent nature makes it highly likely they will be present in
discharges through the wastewater treatment plant.
Colonial does not contest the detectable presence of PFAS at the site but suggests the
source of the PFAS is unrelated to the 2020 gasoline spill and subsequent remediation efforts.26
To be clear, the origin of any PFAS present is immaterial to Colonial's obligations here: If PFAS
is or may be present in contaminated groundwater processed through Colonial's wastewater
treatment plant, Colonial must account for it through the NPDES permitting process, even if
Colonial is not the original source of the PFAS.
20 See Technical Memorandum from TRC Environmental Corporation to Sam McEwen (Colonial), 1 (Oct. 30,
2021). North Carolina Attorney General Josh Stein announced on Oct. 18 that he was filing two new lawsuits
against manufacturers of some of these foams for their role in introducing PFAS into the environment. See Attorney
General Josh Stein Files Two Additional Lawsuits Over Toxic Firefighting Foam, N.C. DEPT. OF JUSTICE (Oct. 18,
2022), https://ncdoj.gov/attorney-general josh -stein -files -two -additional -lawsuits -over -toxic -firefighting -foam/.
21 Monitoring Report at PDF 127 (disclosing levels of PFAS compounds found in "raw product"); see also Lisa
Sorg, Mystery Deepens Over Origin of Dangerous Chemicals Found at Massive Gasoline Spill, N.C. POL'Y WATCH
(March 30, 2021).
22 U.S. EPA, Lifetime Drinking Water Health Advisories for Four Perfluoralkyl Substances (June 21, 2022), 87 Fed.
Reg. 36,848.
23 See Technical Memorandum, Figure 2.
24 Id. at 5.
25 U.S. EPA, Addressing Challenges of PFAS: Protecting Groundwater and Treating Contaminated Sources (Sept.
20, 2021), https://www.epa.gov/sciencematters/addressing-challenges-pfas-protecting-groundwater-and-treating-
contaminated-sources.
26 See Technical Memorandum at 12 (arguing that detected "PFAS compounds are not sourced from or associated
with the Huntersville release and do not warrant additional investigation").
7

C. Colonial must fully disclose any PFAS that may be present in its discharges.
The Clean Water Act requires permittees to assess and disclose the pollutants in their
effluent. DEQ has acknowledged this requirement applies to PFAS. In its enforcement action
against The Chemours Company, LLC, for the company's discharge of GenX and other PFAS
into the Cape Fear River, the agency stated:
Part of the permit applicant's burden in this regard is to disclose all relevant
information, such as the presence of known constituents in a discharge that pose a
potential risk to human health. The permit applicant is required to disclose "all
known toxic components that can be reasonably expected to be in the discharge,
including but not limited to those contained in a priority pollutant analysis." 15A
N.C.A.C. 2H .0105(j) (emphasis added).27
DEQ further acknowledged that Chemours had violated its NPDES permit and state water
quality laws by "failing to fully disclose all known toxic components reasonably expected to be
in [the company's] discharge."28
DEQ's position in the Chemours enforcement case was correct. The Clean Water Act
generally prohibits discharges to streams and rivers. See 33 U.S.C. § 1311(a). The NPDES
permitting program is a limited exception to that prohibition, see Nat'l Ass 'n of Home Builders v.
Def. of Wildlife, 551 U.S. 644, 650 (2007), and discharges under the program cannot be approved
unless they are disclosed, see In re Ketchikan Pulp Co., 7 E.A.D. 605 (EPA) (1998); Piney Run
Pres. Ass 'n v. Cty. Comm'rs of Carroll Cty., Maryland, 268 F.3d. 255 (4th Cir. 2001); Southern
Appalachian Mountain Stewards v. A & G Coal Corp., 758 F.3d 560 (4th Cir. 2014). EPA has
also stressed the need for disclosure of pollutants during the permitting process:
[D]ischargers have a duty to be aware of any significant pollutant levels in their
discharge. [...] Most important, [the disclosure requirements] provide the
information which the permit writers need to determine what pollutants are likely
to be discharged in significant amounts and to set appropriate permit limits. [...]
[P]ermit writers need to know what pollutants are present in an effluent to
determine approval permit limits in the absence of applicable effluent guidelines.29
If a permit holder is discharging a pollutant that it did not disclose in its NPDES permit
application, it is in violation of the permit and the Clean Water Act. Piney Run, 268 F.3d. at 268.
Despite the likely presence of PFAS in groundwater that will be treated through the
proposed wastewater treatment system, we have been unable to find any information in
27 Amended Complaint, N C Dept. of Environmental Quality v. Chemours, 17 CVS 580, 6-7 (N.C. Super. 2018)
(hereinafter "N.C. DEQ Amended Complaint") (citing 33 U.S.C. § 1342(k), Piney Run Pres. Ass 'n v. Cty. Comm'rs
of Carroll CO;., MD, 268 F.3d 255, 265 (4th Cir. 2001)).
28 Id. at 33.
29 Consolidated Permit Application Forms for EPA Programs, 45 Fed. Reg. 33,526-31 (May 19, 1980).
8

Colonial's permit application materials30 or the draft permit related to PFAS. To be sure, other
documents prepared by Colonial in connection with the 2020 gasoline spill and subsequent
remedial actions (discussed above) indicate that PFAS are likely present at this site but Colonial
is obligated to clearly disclose the presence of PFAS through the NPDES application process to
ensure the permit writer is aware of PFAS' potential presence here and can apply TBELs and
WQBELs appropriately.
D. DEQ must set appropriate effluent limits for any discharges of PFAS through the
proposed wastewater treatment plant.
Once pollutants are disclosed, DEQ must evaluate and impose TBELs on a case -by -case
basis as discussed above. This includes PFAS.
Effective treatment technologies for PFAS are available that must be assessed through the
TBELs process. Granular activated carbon is a cost effective and efficient technology that is
capable of reducing PFAS concentrations to virtually nondetectable levels. A granular activated
carbon treatment system at the Chemours' facility, for example, has reduced PFAS
concentrations as high as 345,000 parts per trillion from a creek contaminated by groundwater
beneath the facility to nearly nondetectable concentrations.31 And DEQ has used TBELs to
control PFAS in an NPDES permit. The agency issued an NPDES permit for Chemours that
incorporates TBELs for PFAS to ensure that the company uses the best available technology —in
that case, granular activated carbon —to treat highly contaminated groundwater.32 DEQ should
likewise require Colonial to fully characterize and disclose any PFAS discharges and to assess
the best level of PFAS removal its granular activated carbon system will be able to achieve. DEQ
must then implement TBELs based on that level of removal.
As noted above, there is no reason DEQ should not develop TBELs for PFAS and other
pollutants based on reductions achievable with granular activated carbon technology because
Colonial has already explained that it plans to use that technology at this site. Designing effluent
limits based on the technology will help ensure it is properly maintained and operated to remove
pollutants. Use of granular activated carbon and development of TBELs based on its use may be
sufficient to protect water quality but, if not, DEQ must impose WQBELs as discussed below.
30 Colonial Pipeline Co., Application for NPDES Permit to Discharge Wastewater (Aug. 13, 2021), tbls. A—E
(describing pollutants "believed present").
31 See Parsons, Engineering Report — Old Outfall 002 GAC Pilot Study Results (Sept. 2019), available at
https://www. chemours.com/j a/-/media/files/corporate/ 12e-old-outfall-2-gac-pilot-report-2019-09-
30.pdf?rev=6e1242091 aa846f888afa895eff80e2e&hash4140CAA7522E3D64B9E5445ED6F96B0FB; see also
Chemours Outfall 003, NPDES No. NC0089915 Discharge Monitoring Reports (2020-2022), available at
https://perma.cc/8YND-XT5M.
sz See Chemours Outfall 004, NPDES NO. NC0090042, fact sheet,
https://deq.nc.gov/media/31345/download?attachment; Chemours Outfall 004, NPDES NO. NC0090042, final
NPDES permit, https://deq.nc.gov/media/31343/download?attachment.
9

III. The draft permit's WQBELs fail to ensure compliance with water quality
standards and maintenance of designated uses.
The Clean Water Act charges states with identifying "designated uses" for jurisdictional
waterbodies and promulgating water quality standards to protect those uses. See 40 C.F.R. §
131.10(a) ("Each State must specify appropriate water uses to be achieved and protected"); 40
C.F.R. § 131.3(i) (defining water quality standards as "a designated use or uses... and water
quality criteria for such waters based upon such uses."). North Carolina implements this
procedure by classifying waterbodies and assigning water quality standards for each
classification. See N.C. Gen. Stat. § 143-214.1; 15A NCAC 2B.0101, .0301. North Prong Clark
Creek is a designated class C water.33 The "best use" of class C waters "shall be aquatic life
propagation, survival, and maintenance of biological integrity (including fishing and fish);
wildlife; secondary contact recreation; agriculture; and any other usage except for primary
contact recreation or as a source of water supply for drinking, culinary, and food processing
purposes." 15A NCAC 2B.0211. North Carolina has promulgated water quality standards to
protect this "best use." See id.; id. 2B.0208. "Sources of water pollution that preclude any of
these uses on either a short-term or long-term basis shall be deemed to violate a water quality
standard." Id. 2B.0211.
As discussed above, WQBELs are intended to "keep the concentration of a pollutant in a
waterway at or below" the water quality standard promulgated to protect the designated use. Am.
Paper Inst., Inc. v. U.S. E.P.A., 996 F.2d 346, 350 (D.C. Cir. 1993). DEQ may not issue an
NPDES permit "until the applicant provides sufficient evidence to ensure that the proposed
system will comply with all applicable water quality standards" and "[n]o permit may be issued
when the imposition of conditions cannot reasonably ensure compliance with applicable water
quality standards." 15A NCAC 2H.0112(c). The vast majority of limits imposed in the draft
permit are WQBELs. Unfortunately, these limits are insufficient to ensure compliance with water
quality standards and maintenance of "best uses." DEQ's WQBELs for carcinogens will allow
North Prong Clark Creek to exceed regulatory levels for those constituents for significant
portions of time. This problem can potentially be resolved by adding a daily flow limit, which is
independently required under the Clean Water Act, and by appropriately developing TBELs.
DEQ must also consider narrative water quality standards when developing WQBELs. This step
is particularly important here given the toxic mix of chemicals in the discharge.
A. The WQBELs do not ensure compliance with numeric water quality standards for
carcinogens.
The WQBELs imposed in the draft permit for carcinogens fail to ensure compliance with
numeric water quality standards because they are calculated using the mean annual flow of North
Prong Clark Creek. While this approach may work in some instances, it falls short here where
the effluent will frequently constitute a substantial, and sometimes the majority, of water in the
receiving stream.
ss Draft Fact Sheet at 2.
10

North Carolina has promulgated numeric water quality standards applicable to class C
waters for carcinogens. See 15A NCAC 2B.0208(a)(2)(B). For example, the numeric water
quality standard for benzene is meant to prevent concentrations of that constituent in class C
waters over 51 parts per billion. Id.
WQBELs for carcinogens are developed using a proportion (the in -stream waste
concentration, or "IWC") of the mean annual flow and assume zero background pollution. 15A
NCAC 02B .0206(a)(4)(B). The IWC is defined by EPA as "the concentration of the effluent in
the receiving water after mixing."34 The draft permit authorizes discharge of 0.576 million
gallons per day as a monthly average into a stream with an average flow of 3.9 cubic feet per
second.35 Accordingly, the permitted discharge volume's IWC is 18.62 percent of the mean
annual flow rate of the North Prong Clark Creek, the receiving stream. To achieve the 51 parts
per billion water quality standard for benzene, the draft permit divides 51 parts per billion by the
mean annual IWC, otherwise expressed as 0.1862, producing an allowable concentration in the
discharge of 274 parts per billion (more than five times the water quality standard). This same
calculation was applied to set the discharge limit for vinyl chloride (another carcinogen) at 12.88
parts per billion —the water quality standard of 2.4 parts per billion is 18.62 percent of the
WQBEL in the draft permit. Id..0208(a)(2)(B)(xvii).
Use of mean annual flow to calculate IWC and subsequently WQBELs may be
appropriate in some instances —such as when the effluent discharged represents a smaller portion
of the total water in the receiving stream. But here, North Prong Clark Creek will frequently be
overwhelmed by effluent from the proposed wastewater treatment plant. Given the small
assimilative capacity of the receiving stream, DEQ's approach to using mean annual flow does
not ensure compliance with water quality standards. There are at least two common scenarios
where water quality standards for carcinogens will be violated.
First, DEQ's WQBEL is calculated to allow the maximum discharge of carcinogens
without violating a water quality standard when North Prong Clark Creek is at its mean annual
flow. But whenever flow is below that level —which is likely to be frequent—DEQ's WQBEL
will fail to ensure that water quality standards for benzene and other carcinogens will be
maintained. Restated, the WQBEL may ensure compliance with water quality standards in North
Prong Clark Creek at mean annual flow or higher but not when flow is lower.
Second, the WQBELs were developed using a discharge rate (0.576 million gallons per
day) measured as a monthly average. Use of a monthly average limit alone allows Colonial's
discharge rate to exceed this average during certain periods of the month so long as it balances
those high discharges with low discharges. On days when discharges are high, there is no
guarantee that water quality standards will be maintained because DEQ's analysis assumes no
more than 0.576 million gallons will be discharged per day —yet the permit lacks any daily flow
limit enforcing this restriction. This will be particularly problematic on days when the discharge
flow rate is higher than average, but the flow of North Prong Clark Creek is lower than average:
34 U.S. EPA, Whole Effluent Toxicity Training Course (1996), at 6 (emphasis added), available at
https://nepis.epa. gov/Exe/ZyPDF. cgi/91025 HIS.PDF?Dockey=91025 HIS.PDF.
35 Draft Fact Sheet at 1, 3.
11

On those days, IWC and in -stream contaminant levels will be far higher than DEQ assumes in its
permit analysis.
To be clear, it is irrelevant that the proposed WQBELs may ensure compliance with
water quality standards some of the time. "Sources of water pollution that preclude [designated
uses] on either a short-term or long-term basis shall be deemed to violate a water quality
standard." 15A NCAC 2B.0211 (emphasis added). And DEQ may not issue a permit when
"imposition of conditions cannot reasonably ensure compliance with applicable water quality
standards." 15A NCAC 2H.0112(c).
However, this problem can potentially be resolved relatively easily. First, DEQ must
impose a daily flow limit to match the flow assumptions used to develop WQBELs. A daily flow
limit is also independently required under the Clean Water Act. See 40 C.F.R. § 122.45(d)(1)
(requiring that "all permit effluent limitations, standards, and prohibitions ... unless
impracticable be stated as a maximum daily and average monthly discharge limitations").
Second, proper application of TBELs for carcinogens should avoid the need to develop
WQBELs entirely because the technology Colonial already plans to use at this site is likely to
remove pollutants to a degree that numeric water quality standards for carcinogens will not be
threatened. Nevertheless, as written the WQBELs in the draft permit fail to comply with the
requirements of the Clean Water Act and North Carolina's implementing regulations.
B. DEQ must consider background concentrations of contaminants when developing
WQBELs.
Because WQBELs are meant to prevent exceedances of water quality standards, DEQ
must factor background concentrations of constituents into its analysis when calculating effluent
limits. Here, DEQ assumes a background concentration of zero for all constituents except NH3.36
But at least toluene and lead have been detected at relatively high levels in onsite surface
waters.37 DEQ must factor these background concentrations (and those known for other
contaminants) into its WQBEL analysis to ensure the permitted discharge does not lead to a
violation of water quality standards.
C. DEQ must consider narrative water quality standards when developing WQBELs.
Finally, even without the errors noted above, DEQ's effort to develop WQBELs would
fall short because it fails to take narrative water quality standards into account. Proper
application of narrative water quality standards is critical here where many pollutants addressed
in the permit lack numeric water quality standards, including PFAS, and where the pollutants
will be released in combination.
North Carolina's narrative water quality standard for toxic substances explains that "the
concentration of toxic substances, either alone or in combination with other wastes, in surface
waters shall not render waters injurious to aquatic life or wildlife, recreational activities, or
36 See NPDES Implementation of Instream Dissolved Metals Criteria at 3 (attached to Draft Fact Sheet).
37 Draft Fact Sheet at 3.
12

public health, nor shall it impair the waters for any designated uses." 15A NCAC 2B.0208(a).
Toxic substances are defined as:
any substance or combination of substances (including disease -causing agents)
that, after discharge and upon exposure, ingestion, inhalation, or assimilation into
any organism, either directly from the environment or indirectly by ingestion
through food chains, has the potential to cause death, disease, behavioral
abnormalities, cancer, genetic mutations, physiological malfunctions (including
malfunctions or suppression in reproduction or growth), or physical deformities in
such organisms or their offspring.
15A NCAC 2B.0202(57).
Many of the pollutants released constitute "toxic substances" under this definition. DEQ
has recognized that PFAS also constitute a "toxic substance,"38 and has included limits for PFAS
referencing the toxic substances narrative water quality standard and EPA's health advisory for
GenX in at least one NPDES permit.39 DEQ must assess the combined effect on North Prong
Clark Creek of the numerous pollutants proposed to be discharged from Colonial's wastewater
treatment plant to ensure compliance with North Carolina's narrative water quality standards.
DEQ's siloed approach to developing WQBELs pollutant -by -pollutant using numeric water
quality standards or in -stream target values fails to ensure compliance with this standard. In other
words, even if DEQ had appropriately developed a WQBEL for benzene, it has still failed to
consider the effect on water quality of authorizing the discharge of high amounts of benzene,
lead, naphthalene, toluene, xylenes, methyl tert-butyl ether and many other constituents in
combination and whether that discharge is consistent with North Carolina's narrative water
quality standard for toxic substances.
Proper application of the narrative water quality standard for toxic substances should also
lead to a zero or near -zero discharge limit for PFAS which, as noted throughout, are highly toxic.
Like its approach to developing WQBELs for numeric water quality standards and in -
stream target values, DEQ can potentially show compliance with the toxic substances narrative
water quality standard by appropriately applying TBELs which should lead to significant
reductions in permit limits for many pollutants.
38 N.C. DEQ Amended Complaint at 32 (stating that "the process wastewater from [Chemours']
Fluoromonomers/Nafion® Membrane Manufacturing Area contains and has contained substances or combinations
of substances which meet the definition of "toxic substance" set forth in 15A N.C.A.C. 2B .0202," referring to
GenX and other PFAS).
39 See Chemours Outfall 004, NPDES NO. NC0090042, fact sheet, at 11-12,
https://deq.nc.gov/media/31345/download?attachment; Chemours Outfall 004, NPDES NO. NC0090042, final
NPDES permit, https://deq.nc.gov/media/31343/download?attachment.
13

IV. Conclusion
The solution to many of the problems highlighted in this comment letter is
straightforward: DEQ must properly impose TBELs as required under the Clean Water Act. At
the most basic level, this requires DEQ to consider technology Colonial has already explained it
intends to use when developing effluent limits. We respectfully request that DEQ make the
foregoing changes to the draft permit before finalization. We additionally request that DEQ hold
a public hearing on the draft permit to help community members better understand and provide
feedback on this important and complex process.
Please inform Patrick Hunter ([e-mail]) of issuance of any final permit.
Sincerely,
Patrick Hunter
Managing Attorney
Southern Environmental Law Center
[e-mail]
Henry Gargan
Associate Attorney
[e-mail]
14

10/25/22, 1:19 PM Mail - Denard, Derek - Outlook
Re: [External] Draft Permit #NC0090000
Tina Shull <[e-mail]>
Tue 10/25/2022 9:24 AM
To: Denard, Derek <[e-mail]>
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to Report Spam.
Hi Derek,
Thank you for your quick reply and for sharing this information.
Wishing you well,
Tina
Tina Shull, PhD
Director of Public History
Affiliate, Latin American Studies
Department of History I UNC Charlotte
Catawba, Cheraw, Sugeree, Waxhaw, and Carolina Siouan land
DETENTION
EMPIRE
KRISTINA SHULL
Available Now: discount code: 01 DAH40
Read a preview of Detention Empire
Abolition Feminisms, Vol. I
Director, Climate Refugee Stories
On Tue, Oct 25, 2022 at 9:22 AM Denard, Derek <[e-mail]> wrote:
Dr. Shull,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee
Dee River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022,
12:59pm), the Division will review all pertinent comments. The Director of the NC Division of Water
Resources may hold a public hearing should there be a significant degree of public interest. If a public
hearing is held, a notice of public hearing will be published at least 30 days before a meeting is
scheduled. For your information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 1/2

10/25/22, 1:19 PM Mail - Denard, Derek - Outlook
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
FlitIE
LE.B.Ir i .:;,3F t)I IF �
D.pu lbsont P Earirmorobrital Uuallry\
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Tina Shull <[e-mail]>
Sent: Monday, October 24, 2022 10:12 PM
To: Denard, Derek <[e-mail]>
Subject: [External] Draft Permit #NC0090000
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Dear Mr. Denard,
I am writing to request that there be a public hearing on the permit requirements for Colonial
Pipeline's water remediation efforts in the wake of the 2020 gasoline spill in Huntersville. I also urge
that an independent contractor be hired, at Colonial Pipeline's expense. After two years of
obstruction and denying responsibility, Colonial cannot be trusted to safely clean up our public
waterways.
Thank you for your time and consideration,
Tina Shull, PhD
[e-mail]
Director of Public History
UNC Charlotte
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 2/2

10/24/22, 12:53 PM Mail - Denard, Derek - Outlook
Re: [External] NCDEQ/DWR/NPDES Water Quality Permitting Section Colonial Pipeline
Leak Site
Denard, Derek <[e-mail]>
Tue 10/18/2022 5:04 PM
To: Jill Slee <[e-mail]>
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following link:
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?id=2499745&d bid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
oei},..1.5n nn1 or E.h*., 4emionlal olAi.ty
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: SVC_DEQ.publiccomments <[e-mail]>
Sent: Tuesday, October 18, 2022 9:03 AM
To: Denard, Derek <[e-mail]>
Subject: FW: [External] NCDEQ/DWR/NPDES Water Quality Permitting Section Colonial Pipeline Leak Site
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 1/2

10/24/22, 12:53 PM Mail - Denard, Derek - Outlook
From: Jill Slee <[e-mail]>
Sent: Friday, October 14, 2022 6:34 PM
To: SVC_DEQ.publiccomments <[e-mail]>
Subject: [External] NCDEQ/DWR/NPDES Water Quality Permitting Section Colonial Pipeline Leak Site
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
NCDEQ/DWR/NPDES
Water Quality Permitting Section Colonial Pipeline Leak Site
If the treated chemicals are released directly into the North and South Prong Clarke Creek in Huntersville, has an
environmental impact study been done? How will the chemicals be treated? The Oehler Nature Preserve, is just
outside of the designated protected watershed. Do the treated chemicals flow into any town's drinking water?
What are the details about the design plan? Does it flow into Charlotte's drinking water? NCDEQ should hold a
public hearing on the permit to ensure a) the public is aware of the plans, b) people's questions are answered,
and c) safety concerns are fully resolved before the project is approved.
Thank you,
J. S., Charlotte, NC citizen
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 2/2

10/25/22, 2:04 PM Mail - Denard, Derek - Outlook
Re: [External] Draft Permit NC0090000/ the largest on -shore gasoline spill in US history
Denard, Derek <[e-mail]>
Mon 10/24/2022 8:32 AM
To: David Slesinger <[e-mail]>
David,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
C'T.)
WHIN (AF dQLI.A
QBperlbsont o P Erv.9rdnmeMal °mkt,'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: David Slesinger <[e-mail]>
Sent: Sunday, October 23, 2022 8:18 PM
To: Denard, Derek <[e-mail]>
Subject: [External] Draft Permit NC0090000/ the largest on -shore gasoline spill in US history
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 1/2

10/25/22, 2:04 PM Mail - Denard, Derek - Outlook
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Dear Mr. Denard,
I demand a public hearing on the permit requirements AND I demand an independent contractor be used
for the water remediation AT THE EXPENSE of Colonial Pipeline.
Sincerely,
David Slesinger
145 Dusty Hill Rd
Dallas, NC 28034
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 2/2

10/25/22, 2:06 PM Mail - Denard, Derek - Outlook
Re: [External] COLONIAL PIPELINE
Denard, Derek <[e-mail]>
Mon 10/24/2022 8:31 AM
To: Mary Elizabeth Voss <[e-mail]>
Mary,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
ObperUwwn[aI Eo IranmeMal °mkt,'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Mary Elizabeth Voss <[e-mail]>
Sent: Sunday, October 23, 2022 5:01 PM
To: Denard, Derek <[e-mail]>
Subject: [External] COLONIAL PIPELINE
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 1/2

10/25/22, 2:06 PM Mail - Denard, Derek - Outlook
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to Report Spam.
Mr Denard,
As a Huntersville resident, I am deeply concerned that based on their track record to date, Colonial
Pipeline cannot be trusted to sufficiently and properly clean up their oil spill that occurred in 2020.
We need a public hearing with ample notice to all Huntersville residents on the permit requirements
as well as an independent contractor for the water remediation.
Colonial Pipeline needs to pay for all expenses, in full.
Please do not grant their permit request without a public hearing, but even after the public hearing,
please do not grant their permit request.
Thank you,
Mary Elizabeth Voss
6104 Pamela Street
Huntersville, NC 28078
email: mev1227cgmail.com
phone: [phone]
https://outlook.office365.com/mail/AAMkADdhYTVmZDBILTE5ZDctNG15MC04Zj1iLWU4Mj VhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56121 cjmNA... 2/2

One Quick Email for Water Justice: The largest onshore fuel spill happened in Huntersville NC
On August 14, 2020 two teenagers were sporting on ATVs and smelled gasoline at Oehler Nature Preserve in
Huntersville NC. What they smelled proved to be the largest on -shore gasoline spill in the history of the United
States, The responsible party for this Is Colonial Pipeline, a corporation partially owned by KOCH Industries. Co-
lonial pipeline repeatedly gaslighted directly imparted residents and repeatedly drew the ire of the NC Depart-
ment of Environmental Equality by under -reporting the magnitude of the spill. This pipeline that runs through NC
is a 5, 500 mile pipeline stretching from Texas to New Jersey. Colonial Pipeline has consistently used "Type A
Sleeve" repairs on compromised portions of the pipeline. The Huntersville spill originated in the failure of this
type of repair. After more than two years of obfuscation and failure to take full responsibility for this disaster, Co-
lonial Pipeline is applying for a water clean up permit through the NC DEED
Please contact Derek Deward
by 10-24-2022
de rekidenard ncdenr.gov
And demand a public hearing on the permit require-
ments and demand that an independent contractor be
used for the water remediation at the expense of folo-
nial Pipeline. Include " draft permit NC0090000 " in the
subject line. Do you trust this sort of corporation to
properly clean up the waters which will then be re-
leased into our already compromised bodies of water?
Protect dark Creek, Rocky River, and the Pee -Dee

10/25/22, 2:57 PM
Mail - Denard, Derek - Outlook
RE: [External] FW: Alert Concerning Clean Up at Colonial Pipeline Leak Site
Bobby Williams <[e-mail]>
Mon 10/17/2022 4:34 PM
To: Denard, Derek <[e-mail]>
Cc: Hennessy, John<[e-mail]>;Gurney, Anna <[e-mail]>;Roberts, Anthony <[e-mail]>
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.
Thank you, this is all very helpful. Yes, I submitted more than anything to test what we're advising interested residents to do. Our comment was about communication and
wanting to keep the town in the loop as directives from DEQ to Colonial are given related to this process and certainly we will do everything we can to assist if its decided to
hold the public hearing. Ultimately, we want folks safe and informed as this evolves.
Bobby
From: Denard, Derek <[e-mail]>
Sent: Monday, October 17, 2022 4:30 PM
To: Bobby Williams <[e-mail]>
Cc: Hennessy, John <[e-mail]>; Gurney, Anna <[e-mail]>
Subject: Re: [External] FW: Alert Concerning Clean Up at Colonial Pipeline Leak Site
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Bobby,
The next step would be for us to review all of the comments and requests for a public hearing. After we review the comments and requests for a public hearing
with our director, then the director makes the decision to hold a public hearing or issue the permit. If we have a public hearing, there is a lot of planning involved
such as appointing a hearing officer and finding a location to have the hearing. The location would need to be in Huntersville or nearby in Mecklenburg county.
We would have to publish a notice of a public hearing at least 30 days before it is scheduled. After the hearing, the hearing officer reviews the comments
received from the hearing and provides recommendations to our director for issuance or denial of the permit. The director's decision has to occur within 90 days
of the close of the record for the meeting. If I have missed anything, the rules for public notice and public hearings are found in 15A NCAC 2H .0109 & .0111.
I noticed you have made a public information request to the public comments email: <[e-mail]>. Please find the attached factsheet. The
factsheet also contains the links to information for NPDES permit application NC0090000 in our Laserfiche files and the Division of Waste Managements website
that is dedicated to the Colonial Pipeline incident.
The Division of Water Resources Laserfiche files for NPDES application NC009000: https://edocs.deq.nc.gov/WaterResources/Browse.aspx?
db id=0&startid=1955817
The Division of Waste Management webpage for Colonial Pipeline:
https://d eq. nc.gov/a bout/divisions/waste-ma nagement/u nd ergroun d-storage-ta n ks-section/colon is I-p ip el i ne-sp it I-information-hu ntersvi II a-nc
Colonial Pipeline Spill Information - Huntersville N.C. NC DEQ
Background On Friday, August 14, 2020, at 5:42 p.m., local and state response agencies and Colonial Pipeline were notified of liquid product smelling of
deq.nc.gov
Sincerely,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
derek.denard @ncdenr.gov
OcpdhOlen7 or Em.rtdlme t I Duel
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
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10/25/22, 2:57 PM
Mail - Denard, Derek - Outlook
From: Bobby Williams <[e-mail]>
Sent: Monday, October 17, 2022 1:43 PM
To: Denard, Derek <[e-mail]>
Subject: Re: [External] FW: Alert Concerning Clean Up at Colonial Pipeline Leak Site
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.
Thank you again. This is all a learning process for us.
What is the process going forward and when does or will the permit be issued? If the overwhelming feedback suggests a need for a public hearing, will one be held (it's not
clear if that's even an option under this process) and what impact does that have on timing of the permit ?
Thanks in advance for any info. Trying to be able to address commissioner questions as best I can.
Bobby
Sent from my iPhone
On Oct 17, 2022, at 10:59 AM, Denard, Derek <[e-mail]> wrote:
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safe.
Bobby,
The paper publication provides a link to the website. The public notice website does provide my contact information including email.
[e-mail] is a general email used by NCDEQfor public comments. Comments need to be received by Oct 24, 2022, 12:59pm.
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
DEQ1
Oepellmbn7 a, E.i•.r nI6Mal Duel
,Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Bobby Williams <bwilliam @huntersville.org>
Sent: Monday, October 17, 2022 10:45 AM
To: Denard, Derek <[e-mail]>
Cc: Kim Strickland <[e-mail]>• Gurney, Anna <[e-mail]>
Subject: RE: [External] FW: Alert Concerning Clean Up at Colonial Pipeline Leak Site
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.
Thank you for this information. We noticed in the Senator's email Friday that comments could also be sent to you at [e-mail] or
[e-mail] in addition to the mailing address shown:
NCDEQ/DWR/NPDES
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
We wanted to verify that as we did not notice that in the announcement on the DEQ website.
Thanks in advance,
Bobby
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10/25/22, 2:57 PM
Mail - Denard, Derek - Outlook
From: Denard, Derek <derek.denarncdenr.gov>
Sent: Monday, October 17, 2022 10:19 AM
To: Bobby Williams <[e-mail]>
Cc: Kim Strickland <[e-mail]>• Gurney, Anna <[e-mail]>
Subject: Re: [External] FW: Alert Concerning Clean Up at Colonial Pipeline Leak Site
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is
safe.
Mr. Williams,
Per 15A NCAC 2H .0109 & .0111 the public notice is placed in a local news paper. The notice was published in the Charlotte Observer on September 23, 2022. The
public notice is also available online at the following link:
https://d eq. nc. gov/news/events/notice-intent-issue-np des-wastewater-permit-nc0090000-colonic I -pipeline -company
Notice of Intent to Issue a NPDES Wastewater Permit NC0090000 Colonial Pipeline Company 1 NC
DEQ - deq.nc.gov
Public Notice North Carolina Environmental Management Commission/NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Notice of
Intent to Issue a NPDES Wastewater Permit NC0090000 Colonial Pipeline Company The North Carolina Environmental Management Commission
proposes to issue a NPDES wastewater discharge permit to the person(s) listed below.. Written comments regarding the proposed ...
deq.nc.gov
Sincerely,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
derek.denard P ncdenr.gov
1:tEC)-?)
rAiji n [.AIMjLIl�'A
DepaMlllK olGMlonmental Onallp'
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Bobby Williams <bwilliam @huntersville.org>
Sent: Friday, October 14, 2022 5:12 PM
To: Denard, Derek <[e-mail]>
Cc: Kim Strickland <[e-mail]>
Subject: [External] FW: Alert Concerning Clean Up at Colonial Pipeline Leak Site
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.
Derek —did NC DENR put out any official notice of this public hearing that we can pull from (we didn't see anything on your website)? Last we'd heard, the
riverkeepers and DEQ were supportive of this approach to keep water in the basin but this raises some other questions. Our residents may want to weigh in on
this opportunity and don't want us to miss something in trying to recreate language or pull things from other sources since your agency is collecting the
comments. I am certain our commissioners would also want to promote this opportunity for residents too.
Thanks in advance,
Bobby Williams
Assistant Town Manager
704-766-2207
From: Sen. Natasha Marcus <[e-mail]>
Sent: Friday, October 14, 2022 4:57 PM
Cc: Jessica Bolin (Sen. Natasha Marcus) <[e-mail]>
Subject: Alert Concerning Clean Up at Colonial Pipeline Leak Site
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10/25/22, 2:57 PM Mail - Denard, Derek - Outlook
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safe.
Hello everyone,
I hope you are doing well. I recently received some important updates on the gasoline clean up work and wanted to share them with you immediately.
Colonial Pipeline has applied for a permit to treat contaminated water onsite and then release it directly into the North and South Prong Clarke Creek in
Huntersville. This would allow Colonial to stop having to truck contaminated water offsite, which is costly and requires many trucks to come and go from the site.
The contaminated water cannot be treated at a municipal treatment plant, because those systems do not accept water that's contaminated in this way (benzene
and related chemicals are obviously present in high amounts).
While this idea to treat and release the water may be a good alternative to trucking it offsite, I have concerns about whether the permit specifies the appropriate
safety standards, i.e. the water quality standards approved by the NCDEQ and the EPA. It is imperative that the water be fully treated to within safe standards
before it's released into the creek. Although the site of the contamination, the Oehler Nature Preserve, is just outside of the designated protected watershed,
there are basic safety standards that should be met. In addition, sections of Clarke Creek are considered impaired by the state; adding more pollution to an
already impaired stream is not ideal. It's important to note that the North and South Prongs flow to Clarke Creek, through the Skybrook Golf Club (Mecklenburg
and Cabarrus Counties), to the Rocky River (Union County) and eventually to the Pee Dee River. See the map.
Q
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It's also unclear how disruptive an on -site water treatment system will be to the neighbors. The design plan is not included in the permit application. So, I am
seeking details about the design plan as well.
I believe that NCDEQ should hold a public hearing on the permit to ensure a) the public is aware of the plans, b) people's questions are answered, and c) safety
concerns are fully resolved before the project is approved. The more public interest there is, the more likely it is that a public hearing will be held.
NCDEQ is taking public comments on the permit request through October 24. You can submit your questions, concerns, or support by email to Derek Denard,
Environmental Program Consultant, Division of Water Resources, at derek.denard(Wncdenr.gov or publiccomments(Wncdenr.gov. Or if you prefer to write a letter,
mail it to:
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10/25/22, 2:57 PM
NCDEQ/DWR/NPDES
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
Mail - Denard, Derek - Outlook
Feel free to include in your comments whether you believe a public hearing should be held.
I have talked with the Executive Director of the Yadkin Riverkeeper, who is urging members to submit comments and request a public hearing. You can reach that
organization at this link: www.yadkinriverkeeper.org
I'II be in touch again when I have more information.
Senator Natasha Marcus
NC Senate District 41
Chair, Mecklenburg Delegation
300 N. Salisbury Street, Rm. 519
Raleigh, NC 27603-5925
Natasha.Marcus a@ ncleg.gov
Office: (919) 715 -3050
Sign up for my Senate Newsletter here.
jEmailSeal
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10/25/22, 2:58 PM Mail - Denard, Derek - Outlook
FW: [External] NPDES NC00090000 Colonial Pipeline
SVC_DEQ.publiccomments <[e-mail]>
Tue 10/18/2022 9:13 AM
To: Denard, Derek <[e-mail]>
From: Bobby Williams <[e-mail]>
Sent: Monday, October 17, 2022 12:27 PM
To: SVC_DEQ.publiccomments <[e-mail]>; SVC_DEQ.publiccomments
<[e-mail]>
Subject: [External] NPDES NC00090000 Colonial Pipeline
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hello,
Submitting public comment to request information be shared with Town of Huntersville and Mecklenburg County
in addition to directly affected residents related to any specific communication or other plans, actions and/or
recommendations for communicating any and all activities associated with installation of wastewater treatment
plant at spill site on Huntersville-Concord Road, along with location of where regular monitoring reports can be
found online.
Bobby Williams
Assistant Town Manager
704-766-2207
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10/25/22, 2:59 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipe Line
Denard, Derek <[e-mail]>
Thu 10/20/2022 4:04 PM
To: Williams, Philip R <[e-mail]>
Cc: Hennessy, John <[e-mail]>;Costner, Brandy F <[e-mail]>;Gurney,
Anna <[e-mail]>;Pitner, Andrew <[e-mail]>
Bobby,
Thanks for the information!
Have a good one,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
FT:tm.E
Dmlirtwwrr[aP Enyira1fu r tM otokdy
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Bobby Williams <[e-mail]>
Sent: Thursday, October 20, 2022 3:45 PM
To: Denard, Derek <[e-mail]>
Cc: Stacy Phillips <[e-mail]>; Amber Kovacs <[e-mail]>; Hennessy, John
<[e-mail]>; Gurney, Anna <[e-mail]>; Dan Boone
<[e-mail]>
Subject: RE: [External] Colonial Pipe Line
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment
to Report Spam.
Our town hall and recreation center would be the two primary options. The best bet may be our local community
college — CPCC's Merancas Campus as it has a theater style seating room where a variety of press conferences and
large meetings are held.
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10/25/22, 2:59 PM Mail - Denard, Derek - Outlook
Bobby
From: Denard, Derek <[e-mail]>
Sent: Thursday, October 20, 2022 3:29 PM
To: Bobby Williams <[e-mail]>
Cc: Stacy Phillips <[e-mail]>; Amber Kovacs <[e-mail]>; Hennessy, John
<[e-mail]>; Gurney, Anna <[e-mail]>; Dan Boone
<[e-mail]>
Subject: Re: [External] Colonial Pipe Line
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Bobby,
I appreciate the offer in helping us find a location fora hearing. If the director decides to have one, we
will keep you in mind as we plan. What sort of locations does the Town have available?
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
E
rk.')Ii1H {..4Fdf7� f}W
Oeper4i el Eo Ironmental 4NI.ty
Email correspondence to and from this address rs subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Bobby Williams <[e-mail]>
Sent: Thursday, October 20, 2022 11:47 AM
To: Denard, Derek <[e-mail]>; Dan Boone <[e-mail]>
Cc: Stacy Phillips <sphillipsPhuntersville.org>; Amber Kovacs <[e-mail]>; Hennessy, John
<[e-mail]>; Gurney, Anna <[e-mail]>
Subject: RE: [External] Colonial Pipe Line
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attachment to Report Spam.
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10/25/22, 2:59 PM Mail - Denard, Derek - Outlook
Derek — thank you for your replies to each one of the comments received. If a public hearing is decided, the Town
can work with you to find a location in Huntersville.
Regards,
Bobby
From: Denard, Derek <[e-mail]>
Sent: Thursday, October 20, 2022 11:30 AM
To: Dan Boone <[e-mail]>
Cc: Bobby Williams <[e-mail]>; Stacy Phillips <sphillipsPhuntersville.org>; Amber Kovacs
<[e-mail]>; Hennessy, John <[e-mail]>; Gurney, Anna
<[e-mail]>
Subject: Re: [External] Colonial Pipe Line
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Commissioner Boone,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
F1-51 CV)
r.: )I i 1 H {;fF df )I Ih.A
atiperimoni of Enrironrn o al Ouelfiy
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
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10/25/22, 2:59 PM Mail - Denard, Derek - Outlook
From: SVC_DEQ.publiccomments <[e-mail]>
Sent: Thursday, October 20, 2022 10:40 AM
To: Denard, Derek <derek.denardjncdenr.gov>
Subject: FW: [External] Colonial Pipe Line
Original Message
From: Dan Boone <[e-mail]>
Sent: Wednesday, October 19, 2022 1:07 PM
To: SVC_DEQ.publiccomments <[e-mail]>
Cc: Williams, Philip R <bwilliamsjhuntersville.org>; Stacy Phillips <sphillipsPhuntersville.org>; Amber Kovacs
<a kova cs @ h u me rsv i l l e. o rg>
Subject: [External] Colonial Pipe Line
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>
Colonial is planning on a water treatment program at their fuel spill site in Huntersville. I would like to request a
Public Hearing on CP proposal. The public needs to know what is going on at the site.
Thank you
Dab Boone
Huntersville Commissioner
Sent from my iPad
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10/25/22, 1:43 PM Mail - Denard, Derek - Outlook
Re: [External] Colonial Pipeline Wastewater Permit: REQUEST FOR PUBLIC HEARING
Denard, Derek <[e-mail]>
Tue 10/25/2022 9:19 AM
To: Lisa Woodbury <[e-mail]>
Cc: Husband <[e-mail]>
Lisa,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following
link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?
id=2499745&dbid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
:k-�7N1H {:.4Fdf7�lh�.
Chmlartrobrotel Eo IronmeMal 4oalfiy
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Lisa Woodbury <[e-mail]>
Sent: Monday, October 24, 2022 5:23 PM
To: Denard, Derek <[e-mail]>
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10/25/22, 1:43 PM Mail - Denard, Derek - Outlook
Cc: Husband <[e-mail]>
Subject: [External] Colonial Pipeline Wastewater Permit: REQUEST FOR PUBLIC HEARING
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious
email as an attachment to Report Spam.<mailto:[e-mail]>
Good evening Derek,
I am writing to express disappointment in Colonial Pipeline gasoline spill, the less than truthful answers
to public questions surrounding the extent of the gasoline intrusion, and 12+ months of half truths
surrounding the real number of gallons that actually entered the groundwater in and around the Oheler
land preserve property on Huntersville-Concord Roadmin Huntersville.
As a concerned resident living in the Mirabella neighborhood that resides next to the pipeline, It feels
shameful that Colonial can apply for a permit to treat their wastewater onsite with a permanent structure
in the middle of our residential neighborhoods. It is not our our responsibility to bend over backwards
because Colonial is tired of trucking wastewater off site.
I politely and respectfully ask for a public hearing so that Colonial Pipeline and their representatives can
explain their plan in full detail, answer to the residents and concerned constituents that are truly
affected by their requests, and then make an informed decision weighing all facts and potential
outcomes.
Thank you for your consideration, and I look forward to learning more about the outcome of the permit
and public hearing.
With Concern,
Stephen S & Lisa Woodbury
15620 Guthrie Dr.
Huntersville, NC 28078
Lisa Woodbury
[e-mail]
917.583.5686
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10/25/22, 1:44 PM Mail - Denard, Derek - Outlook
Re: [External] Comments on Draft NPDES Permit #NC0090000
Denard, Derek <[e-mail]>
Tue 10/25/2022 9:16 AM
To: Edgar Miller <[e-mail]>
Cc: Rogers, Richard E <[e-mail]>;Gurney, Anna <[e-mail]>;Hennessy,
John <[e-mail]>
Mr. Miller,
The NC Division of Water Resources (DWR) has received your comments regarding draft NPDES permit
NC0090000 for the Colonial Pipeline Company's groundwater remediation site 2020-L1-SR2448. This
facility proposes to discharge remediated groundwater to North Prong Clark Creek in the Yadkin -Pee Dee
River Basin and is located at 14108 Huntersville-Concord Rd, Huntersville, NC 28078.
Following the 30-day public comment period (Fri, Sep 23, 2022, 11:59am-Mon, Oct 24, 2022, 12:59pm),
the Division will review all pertinent comments. The Director of the NC Division of Water Resources may
hold a public hearing should there be a significant degree of public interest. If a public hearing is held, a
notice of public hearing will be published at least 30 days before a meeting is scheduled. For your
information draft permit NC0090000 is provided at the following link:
hops://edocs.deq.nc.gov/WaterResources/DocView.aspx?id=2499745&d bid=0&repo=WaterResources
Thanks,
Derek C. Denard
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
C—Pz)
rk: )111 H {;,SF t.' )1 IN'A
Chopin m.ntof L r aarrpornal 4ualkgr
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Edgar Miller <[e-mail]>
Sent: Monday, October 24, 2022 4:37 PM
To: Denard, Derek <[e-mail]>
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10/25/22, 1:44 PM Mail - Denard, Derek - Outlook
Cc: Rogers, Richard E <[e-mail]>; Gurney, Anna <[e-mail]>
Subject: [External] Comments on Draft NPDES Permit #NC0090000
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Dear Derek Denard,
I am writing on behalf of Yadkin Riverkeeper's 300 members who live in the Yadkin Pee Dee Watershed
and are concerned about the potential impact of Colonial Pipeline's draft NPDES Permit #NC0090000
on water quality in the basin, which supplies drinking water to more than one million North
Carolinians. The draft permit would establish a new surface water discharge and allow Colonial
Pipeline to pump, treat and discharge treated wastewater from the company's estimated 2 million
gallon gasoline pipeline leak that contaminated groundwater and occurred in August 2020 on the
Ohler Nature Preserve in Mecklenburg County.
Yadkin Riverkeeper (YRK) also is a signatory on the more detailed comments being submitted by the
Southern Environmental Law Center (SELC) on YRK's and the Catawba Riverkeeper's behalf.
First and foremost, it is imperative that the NC Division of Water Resources (NDWR) hold a public
hearing on this permit due to the magnitude of the gasoline leak/contamination (largest in state
history) and the unprecedented nature of the cleanup/corrective action proposed.
Secondly, the Division of Water Resources should base all constituent effluent limitations on well -
established Technology Based Effluent Limits as developed by EPA. Colonial Pipeline has committed to
use treatment technologies (granulated activated carbon) that will meet the TBELs, and it is puzzling
that the state would propose an effluent limitation for example for benzene, one of the most prevalent
contaminants in gasoline, at five times the current ambient water quality standard and well above
what can be required/achieved by the TBEL, and presumably the technology Colonial has said publicly
intends to use.
Thirdly, the use of Water Quality Based Effluent Limits (WQBEL) vs. TBEL is problematic because the
federal Clean Water Act requires the use of TBEL where possible. As detailed in SELC's comments, the
use of WQBEL without a daily flow limit, will likely result in exceedance of the health -based ambient
water quality standards for several carcinogenic compounds found in the treated wastewater.
The permitted daily flow of approximately 500,000 gallons per day would make up almost 20 percent
of the annual average flow and would be problematic when the discharge rate would be higher and
the flow of the North Prong of Clark Creek below average, making it difficult to comply with ambient
water quality standards.
While the receiving stream in question is not currently considered impaired by NCDWR, Clark Creek
downstream from this new discharge is considered imparied for biological activity. Adding additional
toxic inputs upstream, will certainly not improve the water quality in Clark Creek and may result in the
North Prong of Clark Creek also becoming impaired. While chronic toxicity testing might mitigate
those concerns somewhat, the draft permit should set effluent limitations that will ensure the North
Prong does not become impaired.
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10/25/22, 1:44 PM Mail - Denard, Derek - Outlook
While the Consent Order approved by the state does require regular instream monitoring at
numerous locations, YRK believes that requirement should be made part of the NPDES permit to
ensure transparency and compliance with ambient water quality standards, as well as enforceable
effluent limitations to limit surface water contamination.
Lastly, the permit must require disclosure and monitoring for PFAS/PFOS given their presence in the
contaminated groundwater at the site and the potential threat they pose to public health and the
environment.
In conclusion, the magnitude of this spill and the scope and potential impact of the corrective action
to be taken, including the permitting of a new surface water discharge into the North Prong of Clark
Creek, warrant NCDWR hold an in -person public hearing to better educate the public on draft permit
and to give the impacted residents and other stakeholders the opportunities to offer specific
recommendations on how the permit can be improved to protect water quality, public health and the
communities quality of life.
To achieve these goals and to get the contaminated groundwater at the site cleaned up as quickly as
possible, the draft permit needs to be substantially improved by including TBELs, instream monitoring
requirements and the assessment/treatment of PFAS in the wastewater to avoid any further delays.
Thank you for your consideration.
Edgar Miller
Executive Director/Riverkeeper
Yadkin Riverkeeper, Inc.
[e-mail]
336.688.2651
www.yadkinriverkeeper.org
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