20161079 Ver 1_Notice of Violation (NOV)_20170927

Water Resources
September 27, 2017
CERTIFIED MAIL #7012 2920 0000 3656 0823
RETURN RECEIPT REQUESTED
Mr. Andy Rumley
Piedmont Natural Gas
116 Rainey St
Burlington NC 27215
ROY COOPER
:,olu
MICHAEL S. REGAN
S. JAY Z:IMMERMAN
Subject: NOTICE OF VIOLATION and RECOMMENDATION, FOR ENFORCEMENT
NOV-2017-PC-0630
Project No. DWR# 2016-1079
PNG Southern Alamance System Enhancements
Alamance/Guilford County
Dear Mr. Rumley:
On September 22, 2017, Sue Homewood with the Division of Water Resources Winston Salem
Regional Office conducted a compliance inspection of PNG Southern Alamance System
Enhancement with regard to authorization under 401 General Water Quality Certification No.
3884, DWR Project No. 2016-1079, issued to Piedmont Natural Gas (PNG) on November 28,
2016. David Bailey with the US Army Corps of Engineers was present conducting a 404
Nationwide Permit compliance inspection.
DWR Project No. 2016-1079, was issued to Piedmont Natural Gas for temporary impacts to six
streams, and temporary and permanent impacts to wetlands and riparian buffers for the
installation of natural gas pipeline in Alamance and Guilford. counties. During the compliance
inspection, it was determined that a temporary work bridge pad had been installed within Back
Creek (Stream crossing #5) resulting in temporary impacts that were not approved in the
authorization. In addition, impacts were present at three other stream crossings (#4, #6 & #7)
which were not identified in the 401 application and authorization. These areas were identified
as temporary excavation impacts in the 401 documentation, however during the inspection
culverts and fill were noted at each crossing. Discussions with PNG staff on site indicate that it
was intended that these impacts remain as permanent impacts. Finally, at stream crossing #6,
unauthorized impacts had occurred by the placement of riprap in the channel upstream of the
Right -of -Way. Crossings 1-3, and the jurisdictional wetlands within the project limits were not
inspected during the compliance visit.
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

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NOV-2017-PC-0630
September 27, 2017
Accordingly, the following observations and violations or permit condition violations were noted
during the Division of Water Resources inspection and subsequent file review:
1. The additional impacts (both temporary and permanent) that have resulted from the
installation of the temporary work bridge pad and fill, riprap, and culverts at the identified
stream crossings are a violation of DWR #2016-1079 authorization dated November 28,
2016 Condition #1, which states the approved temporary and permanent impacts to the
streams and wetlands within the project boundaries.
2. The unauthorized temporary and permanent stream impacts as described above are
violations of Title 15A North Carolina Administrative Code 02B .0211 (2). Title 15A North
Carolina Administrative Code 02B .0211(2) requires that "The waters shall be suitable for
aquatic life propagation and maintenance of biological integrity, wildlife, secondary
recreation, and agriculture; sources of water pollution which preclude any of these uses
on either a short-term or long-term basis shall be considered to be violating a water
quality standard
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of
receipt of this Notice. Your response should be sent to this office at the letterhead address and
include the following:
1. Provide a stream restoration plan and schedule for the temporarily impacted area of
Back Creek.
2. Inspect all other impact areas throughout the project and provide the Division with a
report indicating the status of all jurisdictional areas (culvert/fill impact lengths and/or
restoration status).
3. Provide either an application requesting modification to DWR# 2016-1079 OR a
restoration plan for all impacted areas. Please note that any request for permanent
impacts must provide adequate documentation of purpose and need, and avoidance
and minimization.
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Water Resources regarding
these issues and any future/continued violations that may be encountered. This office requires
that the violations, as detailed above, be abated immediately and properly resolved.
Environmental damage and/or failure to secure proper authorizations have been documented
on the subject tract as stated above. Your efforts to undertake activities to bring the subject site
back into compliance is not an admission, rather it is an action that must be taken in order to
begin to resolve ongoing environmental issues.

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NOV-2017-PC-0630
September 27, 2017
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above-
mentioned response to this correspondence, the degree and extent of harm to the environment
and the duration and gravity of the violation(s) will be considered in any civil penalty assessment
process that may occur. Should you have any questions regarding these matters, please contact
Sue Homewood at 336-776-9693 or me at 336-776-9696.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
cc: David Bailey, USACE Raleigh Regulatory Field Office (via email)
Joey Lawler, S&ME Inc. (via email)
Buddy Gibson, PNG (via email)
WSRO File Copy
Karen Higgins — 401 & Buffer Permitting Unit