NCS000589_Weatherspoon FINAL Permit Cover Letter_20170201

Environmental
Quality
February 1, 2017
Mr. Paul Draovitch, Senior Vice President
Duke Energy Progress, LLC
526 S Church Street
Office 03233
Charlotte, North Carolina 28202
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Subject: Final NPDES Stormwater Permit
Permit No. NCS000589
Duke Energy Progress, LLC — W.H.
Weatherspoon Plant
Robeson County
Dear Mr. Draovitch:
In response to your application for coverage under NPDES stormwater permit NCS000589, the Division of
Energy, Mineral, and Land Resources (Division) is forwarding herewith the subject state - NPDES permit. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the
Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated
October 15, 2007 (or as subsequently amended).
This final permit includes the following changes from the draft permit sent to you on September 26,
2016:
• Permittee name on the front page was corrected to read Duke Energy Progress, LLC.
• The monitoring requirement for PCBs was removed on the basis that PCB -containing materials have
never been stored in the subject drainage areas.
• Analytical monitoring requirements were revised to reflect a quarterly monitoring schedule during coal
ash transport and further clarification about when monitoring requirements are applicable. The
requirement for 60 days to separate semi-annual sampling events was removed.
• Paragraph with clarification regarding monitoring requirement applicability during industrial activities
(e.g., ash hauling) added in Part II following the footnotes of Table 1; reference to industrial activities
added into the box on Part II, Page 8.
• The provision requiring fish tissue sampling results was modified to reflect that the NPDES
wastewater permit only requires sampling once during that permit term (not annually). However, the
direction to submit tissue sampling results within 30 days of receipt to DEMLR remains as proposed
for consistency with previously -issued NPDES stormwater permits for other Duke Energy Progress
facilities. Language was modified to acknowledge the difference in reporting requirements.
• There were minor revisions to Tier One language for guidance on "No Flow" reporting and minor
revisions to Part II, Section D for consistency with more recent Electronic Reporting Requirements in
other NPDES stormwater permits.
• The Standard Conditions in Part III, Section A Item 1 were revised to clarify that a Stormwater
Pollution Prevention Plan (SPPP) be developed and implemented prior to the beginning of
discharges from the operation of industrial activity here. This facility is considered an "existing
facility applying for coverage ahead of resuming stormwater discharges associated with industrial
activity."
!`/'Nothing Compares_
State of North Carolina I Environmental Quality
217 West Jones Street 1 1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919 707 8600

Because the company anticipates that industrial activity will occur only when ash hauling takes place, analytical
monitoring has a set quarterly schedule during ash transport. The DEMLR recommends that the company
consider monitoring stormwater discharges for parameters in the permit at least once prior to beginning ash
transport at this site to obtain a baseline set of discharge concentrations. Baseline data may serve a useful
purpose for evaluating any future benchmark exceedances recorded during ash transport and/or requests for
relief from monthly monitoring if applicable. However, the Division recognizes that monitoring provisions
formally apply when industrial activity at W.H. Weatherspoon resumes.
Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance
constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9
"Penalties for Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further
information.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to
you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt
of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447,
Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case
of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain
other permits which may be required by the Division of Energy, Mineral, and Land Resources, or permits
required by the Division of Water Resources, Coastal Area Management Act or any other federal or local
governmental permit that may be required.
If you have any questions or comments concerning this permit, contact Bethany Georgoulias at [phone]
or at bethany.geor og uliaskncdenr.gov.
Sincerely,
Original signed by Tracy E. Davis
Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
cc: Fayetteville Regional Office, DEMLR Land Quality Section / Attn: Mike Lawyer
Kent Tyndall, Duke Energy Progress, LLC / W.H. Weatherspoon Facility Contact / 801 Sutton Steam Plant
Rd / Wilmington, NC 28401
LeToya Ogallo, Duke Energy Progress, LLC / North Carolina Regional Headquarters (via e-mail)
Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303
Stormwater Program
DWR Central Files
Attachments
5 Nothing Compares,
State of North Carolina I Environmenta[ Quality
217 West Jones Street 11601 Mail Service Center I Raleigh, North Carolina 27699-1601
919 707 8600