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Home My WebLink About2-7-2017-ltr to Paul DraovitchWater Resources Environmental Quality February 7, 2017 Paul Draovitch Senior Vice President Environmental, Health & Safety Duke Energy 526 South Church Street Mail Code EC3XP Charlotte, North Carolina 28202 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Asheville Steam Electric Plant — NPDES No. NC0000396 — Buncombe County Dan River Combined Cycle Station — NPDES No. NC0003468 — Rockingham County Riverbend Steam Station — NPDES No. NC0004961 — Gaston County L. V. Sutton Energy Complex — NPDES No. NC0001422 — New Hanover County Dear Mr. Draovitch: Thank you for your submission of Site Analysis and Removal Plans ("SARPs") for the above - referenced facilities in compliance with the Order Granting Motion for Partial Summary Judgment signed by Superior Court Judge Paul C. Ridgeway on June 1, 2016. The Department of Environmental Quality (DEQ) has determined your submissions also satisfy the requirement that Duke Energy submit proposed Closure Plans under N.C. Gen. Stat. § 130A -309.214(a). The proposed Closure Plans are not yet complete. Based on a preliminary review, the Division of Water Resources ("DWR") has identified certain deficiencies. Additional review is underway and Duke Energy will be notified of other deficiencies and additional information needed by the Department to conduct a full review and make a decision to approve or deny the Closure Plans. Correction of the deficiencies in the Closure Plans will also correct similar deficiencies in the SARPs, thus satisfying Duke Energy's obligations under Judge Ridgeway's Order. A summary of the deficiencies noted in the preliminary review are shown below. Deficiencies identified include those that relate to all subject facilities as well as those that are specific to a facility. Additional details will be provided to Duke Energy, and other deficiencies may be identified, as DEQ continues with its on-going review. All Facilities Information related to site conditions at all four subject facilities is incomplete, due in part to data gaps and deficiencies in the Comprehensive Site Assessments (CSAs) and Corrective Action Plans (CAPS). A summary of required information that is not complete because of gaps or deficiencies in the CSAs and CAPS, includes: --7" `Nothing Compares_ State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 • All data collected at the facilities have not been integrated into a comprehensive interpretation of site conditions in order to complete the site assessments and evaluate corrective action: ■ Background determinations for soil and groundwater have not been developed. ■ The assessment of the horizontal and vertical extent of contaminated groundwater and soil is not complete. ■ Identification of other primary and secondary sources has not been completed and incorporated into an understanding of site conditions. ■ All groundwater data have not been presented and incorporated as part of a comprehensive trend analysis to demonstrate compliance with 2L Standards. ■ The potential impact of contaminated groundwater discharging into surface water has not been determined. • Flow, transport, and geochemical modeling submitted to date do not accurately address technical issues raised by the DWR: ■ Boundary conditions incorporated into the models submitted to date do not allow evaluation of potential impacts to surface water bodies immediately adjacent to the CCR impoundments, which are potential receptors. ■ Quantitative sensitivity analyses have not been incorporated in models submitted to date. ■ In some cases, the models submitted to date do not simulate potential groundwater remedial alternatives. Facility Specific Riverbend Steam Station • Post -closure monitoring plan ■ The submission states that groundwater. monitoring portion of the post -closure plan will be submitted later. • An estimate of the milestone dates for all activities related to closure and post -closure. ■ Milestones are identified for closure and post -closure activities, but no dates are provided. • Projected costs of assessment, corrective action, closure, and post -closure care for each coal combustion residuals surface impoundment. ■ Document states the projected costs for the assessment, corrective action, closure, and post -closure care for each coal combustion residuals surface impoundment will be submitted later. L. V. Sutton Energy Complex • Modeling ■ The executive summary states a site groundwater flow and contaminant transport model is being prepared by an independent consultant that will be submitted under a separate cover at a later date, omitting the requirements of this section. In addition, Page 2of4 the modeling results referenced as part of the Corrective Action Plan (CAP) do not address technical issues or deficiencies raised by the DWR. • Post -closure monitoring plan ■ The submission states the post -closure monitoring plan will be submitted at a later date. • An estimate of the milestone dates for all activities related to closure and post -closure. ■ The submission states the closure and post -closure activities milestone dates were submitted in the 2016 Updated L.V. Sutton Electric Plant Coal Ash Excavation Plan. This information is expected to be provided in the Closure Plan. • Projected costs of assessment, corrective action, closure, and post -closure care for each coal combustion residuals surface impoundment. ■ The submission states the projected costs for the assessment, corrective action, closure, and post -closure care for each coal combustion residuals surface impoundment will be submitted at a later date. Dan River Combined Cycle Station • Post -closure monitoring plan ■ The submission states the post -closure plan monitoring plan will be submitted at a later date. • An estimate of the milestone dates for all activities related to closure and post -closure. ■ The submission states that the closure and post -closure activities milestone dates are unknown at this time. • Projected costs of assessment, corrective action, closure, and post -closure care for each coal combustion residuals surface impoundment. ■ The submission states the projected costs for the assessment, corrective action, closure, and post -closure care for each coal combustion residuals surface impoundment will be submitted at a later date. Asheville Steam Electric Plant • All sources of discharge into the impoundment, including volume and characteristics of each discharge. ■ The text refers to the facility's NPDES permit. The actual volumes and characteristics related to discharge into the impoundments are not provided in the text. This information is expected to be provided. • An estimate of the milestone dates for all activities related to closure and post -closure. ■ Milestones are identified for closure and post -closure activities, but no dates are provided. Page 3of4 • Projected costs of assessment, corrective action, closure, and post -closure care for each coal combustion residuals surface impoundment. ■ The submission states the projected costs for the assessment, corrective action, closure, and post -closure care for each coal combustion residuals surface impoundment will be submitted at a later date. By April 10, 2016, DEQ requests that the deficiencies noted above be addressed in revised and supplemented Closure Plans. In addition to addressing these deficiencies, the revised Closure Plans should include all reports and other materials that were referenced in, but not provided with, your initial submissions. For any deficiencies that cannot be addressed within this timeframe, and for any additional deficiencies later identified by DEQ, Duke Energy should provide a reasonable schedule for completion. The revised Closure Plans should include all up-to-date sample analytical results, background determinations for soil and groundwater, and delineation of horizontal and vertical extent of soil and groundwater contamination. In the meantime, DEQ will be moving forward with the public participation process required by N.C. Gen. Stat. § 13 OA -3 09.214. If you have any questions regarding any information provided, please feel free to contact Steve Lanter (Central Office) at 919-807-6444. Sincerely, S. J dZi erma7P.G., Director Division of Water Resources cc: WQROS Asheville, Winston-Salem, and Wilmington Regional Office Supervisors WQROS Central File Copy Page 4 of 4