20160769 Ver 2_USACE Correspondence_20171107

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-7343
November 3, 2017
Regulatory Division
Action ID No. SAW-2016-01924
Mr. J. R. Hopkins, P.E., Division Engineer
North Cazolina Department of Transportation
2612 North Duke Street
Durham, North Cazolina 27704
Mr. Reid Miller
PSNC Energy
600 West Cabarrus Street
Raleigh, North Cazolina 27603
Dear Mr. Hopkins/Mr. Miller:
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Please reference ttte October 11, 2017 Departrnent of the Army (DA) nationwide permit
verification for the dischazge of fill material in a stream for the construction of WBS
17BP.S.R.51, replacement of Bridge No. 27 with a culvert, on SR 2006, Durant Road, in Wake
County, North Cazolina. A copy of the nationwide general permit verification is attached for
your review.
Replacement of the bridge required relocation of a gas pipeline by directional boring, which
is being done by PSNC Energy's contractor, ITS Directional Drilling. Based on S&ME's
Inadvertent Retum (IR) Report, dated October 27, 2017, and submitted to us by e-mail on
October 27, 2017, ITS Directional Drilling was perfornung a Horizontal Directional Drill under
a tributary to Falls Lake at the project site on October 21, 2017, when Reid Miller of PSNC
observed dischazge of bentonite clay and water slurry in the tributary. Work was stopped
immediately, and was not resumed until the dischazge site was isolated by sand bags and the
drilling mud was removed by a vacuum truck. A similaz discharges occurred on October 23,
2017, but was still contained by the sand bags, and was also removed.
These inadvertent discharges aze in violation of Section 404 of the Clean Water Act (33
USC 1344. The nationwide verification states, "Your work is authorized by the above referenced
permit provided it is accomplished in strict accordance with the attached conditions and your
submitted application and attached information dated 10/06/2017. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work
order, a restoration order, a Class I administrative penalty, and/or appropriate legal ac6on."
While we commend PSNC for promptly isolating and removing the dischazges, and commend

NCDOT for notifying us as soon as they were aware of the discharges, we are concerned that
PSNC did not notify the Corps of the unauthorized discharges until six days after observing the
first discharge. While no additional remediation actions are necessary, we encourage NCDOT
and its contractors, including third-party utility companies and their contractors, to notify us
immediately when there are aquatic resource impacts beyond those included in the application
and plans.
Further unauthorized discharges may result in permit suspension or revocation as described
in 33 CFR part 325.7 (c) and (d), respectively.
If you have any questions regarding this correspondence, please contact me at 919-554-
4884, extension 31.
Sincerely,
�•. �
.,
Monte Matthews
Lead Regulatory Project Manager
Wilmington District
Enclosure (Nationwide General Permit Verification)
Copy furnished (w/o enclosure):
Mr. Rob Ridings
North Carolina Department of
Environmental Quality
Division of Water Resources, TPU
1617 Mail Service Center
Raleigh, NC 27699-1617
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