NCS000575_FINAL PERMIT Cover Letter Signed_20160524

Erivirowntinial
Quality
PAT McCROIZY
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DONALD R. VAN CHER VAART
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May 24, 2016
Mr. Harry K. Sideris
Senior Vice President
Environmental, Health, & Safety
Duke Energy
526 South Church Street
Mail Code EC3XP
Charlotte, NC 28202
Subject: NPDES Stormwater Permit Application
Asheville Steam Electric Plant
Permit Number NCS000575
Buncombe County
Dear Mr. Sideris:
In response to your application for coverage under an NPDES stormwater permit, the Division of
Energy, Mineral, and Land Resources (Division or DEMLR) is forwarding herewith the subject state
- NPDES permit, NCS000546. This permit is issued pursuant to the requirements of both 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).
One comment letter was received on the draft NPDES stormwater permit. Staff in the Stormwater
Permitting Program have reviewed the comments received from Clean Water for North Carolina
(CWNC) and have developed responses to their concerns. The changes included are minor in
nature, and the final permit maintains requirements that are in line with those taken to public
notice. The major issues raised by Clean Water for North Carolina are summarized in the Hearing
Officers Report which can be viewed at:
http://deq.nc.gov/news/hot-topics/coal-ash-nc/npdes-permits
In addition to the items noted in the Hearing Officers Report, during the review of the permit and
comments staff also noted a few needed changes in the permit to provide clarifications, address
areas where language needed to be clarified and to make the permit requirements consistent with
current permit language for other facilities.
This final permit includes the following changes from the draft permit published on our website on
March 6, 2015:
• Part II on Page 6 of 13: The analytical monitoring requirements were modified to read semi-
annual (quarterly, during coal or ash transport only).
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• Part II on Page 6 of 13: Foot Notes for Measurement Frequency, Sample Type, and Location
and Total Rain Fall were added.
• Part II on Page 7 of 13, the following language was added, "Similarly, sampling is not
required outside of the facility's normal operating hours."
• Part II on Page 7 of 13, the following language was added, "Proposed NPDES Wastewater
Permit NC0000396 requires the facility to conduct fish tissue monitoring once during that
permit term for arsenic (As), selenium (Se), and mercury (Hg) in accordance with a
Sampling Plan approved by the Division of Water Resources. The permittee shall submit a
copy of fish tissue monitoring results to the DEMLR Stormwater Permitting Program
(Central Office) within 30 days of receiving results and indicate the location of sampling in
relation to stormwater discharge outfalls. This reporting timeframe differs from the NPDES
Wastewater Permit, which directs that fish tissue analysis results be submitted with the
wastewater discharge permit renewal application."
• Under Tier One, Page 10 of 13, the following language was added, "Immediately institute
monthly monitoring and reporting for all parameters. The permittee shall conduct monthly
monitoring at every outfall where a sampling result exceeded the benchmark value.
Monthly (analytical and qualitative) monitoring shall continue until three consecutive
sample results are below the benchmark values or within benchmark range.
• Under Tier One, Page 10 of 13, the following language was modified "Immediately institute
monthly monitoring and reporting for all parameters" to read "Continue monthly
monitoring and reporting for all parameters."
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, 13.2. 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, any other
federal or local governmental permit that may be required.
If you have any questions or comments concerning this permit, contact Mike Randall at (919) 807-
6374 or at [e-mail].
Sincerely,
Original Signed By Tracy Davis
Tracy E. Davis, P.E., CPM, Director
Division of Energy, Mineral and Land Resources
cc: Asheville Regional Office, DEMLR Land Quality Section
Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303
Stormwater Permitting Program
Central Files
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