20180087 Ver 1_Notice of Violation (NOV)_20180702

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Water Resources
ENVIRONMENTAL QUALITY
July 3, 2018
CERTIFIED MAIL 7013 1710 0002 1865 7386
RETURN RECEIPT REQUESTED
Piedmont Natural Gas
Attn: Tom Morris
4720 Piedmont Row Drive
Charlotte NC 28210
ROY COOPER
<;overnor
MICHAEL S. REGAN
Secretary,
LINDA CULPEPPER
Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT
NOV-2018-SS-0028
Clemmons Area Upgrade Line 443
401 Water Quality Certification DWR# 20180087
Davie County
Dear Mr. Morris:
interim Director
On June 5, 2018, Sue Homewood with the Winston Salem Regional Office of the Division of
Water Resources inspected the above noted property in response to a self -reporting
notification of sediment loss submitted by Melanie Gardner with Duke Energy and in response
to a complaint received by this office. The report received by the Division on May 24, 2018,
subsequent reports received June 1, 2018, June 7, 2018 and June 27, 2018 and the inspection
conducted on June 5, 2018 revealed that construction activities at the above noted project
have resulted in sediment impacts to wetlands and unnamed tributaries to Leonard Creek,
wetlands and unnamed tributaries to Elisha Creek, Elisha Creek, wetlands and unnamed
tributaries to Dutchman Creek, wetlands and unnamed tributaries to Noland Creek, and
wetlands and unnamed tributaries to Cedar Creek, all Class C waters of the state.
Accordingly, the following observations and violations were noted during the Division of Water
Resources inspection and subsequent file review:
1. 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."
State of North Carolina I Environmental Quality I Water Resources
450 W. Hames Mill Rd, Winston Salem NC 27107
336-776-9800

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2. Title 15A North Carolina Administrative Code 02B .0211 (12) requires that "Oils;
deleterious substances; colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation or to aquatic life and wildlife
or adversely affect the palatability of fish, aesthetic quality or impair the waters for any
designated uses;"
3. Title 15A North Carolina Administrative Code 02B .0231 (b) (1) Liquids, fill or other solids
or dissolved gases may not be present in amounts which may cause adverse impacts on
existing wetland uses; (5) Hydrological conditions necessary to support the biological
and physical characteristics naturally present in wetlands -shall be protected to prevent
adverse impacts on:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations
4. 401 Water Quality Certification #20180087 was issued to you on March 13, 2018 and
reissued as #20180087 v2 on May 8, 2018. These approvals authorized the use of
General Certification No. GC0004133 for the project. Condition No. 11.5 states that all
construction activities shall be performed and maintained in full compliance with the
Sediment and Pollution Control Act.
Required Response
Accordingly, you are directed to respond in the following manner:
1. Immediately take all appropriate actions as identified by the Division of Energy, Mineral
and Land Resources to retain sediment on site.
2. The Division is in receipt of a Sediment Removal Plan dated June 26, 2018 for
restoration of a stream, wetlands and private pond which are tributaries to Noland
Creek and are identified as Stream 19 on site plans. The Division has already approved
this sediment release plan by email correspondence dated June 29, 2018. You shall
notify the Division upon commencement of stream/wetland/pond restoration
activities.
Thank you for your attention to this matter. 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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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: WSRO File Copy
Karen Higgins — 401 & Buffer Permitting Unit
Tim Latham, DEMLR (via email)
Cynthia Winston, Duke Energy (via email)
Christopher Friel, Duke Energy (via email)