2018_01_17 Response to 2017_09_29 letter

I
Environmental
Quality
January 17, 2017
Paul Draovitch
Senior Vice President
's
Environmental, Health & Safety
Duke Energy
526 South Church Street
Mail Code EC3XP
Charlotte, North Carolina 28202
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Subject.0 REF: Requesting NCDEQ Direction on Unique Issues Related to Fulfilling
Obligations under HB630 Regarding Permanent Water Solutions
Dear Mr. Draovl"tch:
We appreciate Duke Energy's efforts to fulfill the North Carolina House Bill 630 (HB630)
requirements to provide alternate water treo sidentSne r the cokdahfaci i es. This letter
provides responses to questions raised in your September 29, 2017 letter with the above subject
line.
Your letter seeks clarity on when the Department will grant an extension of the October 15, 2018
deadline far Duke Energy to complete the permanent water supply installation. The Ianguage i
n
the legislation is as follows:
The Department may grant an impoundment owner an extension oftime not to exceed
one year, to establish permanent water supplies as required by this section, if the epartment
determines a i is infeasible for the impoundment owner to establish aermanent water supply
foRe
r a household by October 1 S, 2018, based on limitations arising from localgovernment
resources, including limitations on water supply capacity and staffing limitations for permitting
AL
and construction activities.
The Department will consider any specific request for an extension of the October 15, 2018
eadline if such request its'w%mithin the statutory authority provided to the Department in HB630.
The Department provides the following responses for the questions posed i*n your letter.
• Households who do not provide their permanent water solution choice to Duke
Energy, do not provide access to their property, or do not establish an account with
40 0
the municipal public water system.
Nothing Compares_.
State of North Carolina I Environmental Quality
217 West Jones Street 11601 Mail Service Center { Raleigh, North Carolina 27699-1601
9197078600
I.

Your letter seeks guidance on how to coordinate with households that do not respond
with a selection of permanent water,, do not provide access to their property or do not set
up accounts with the municipal water supply system by the timelines established in Duke
Energy's communications withthe households. Your letter questions whether this type
of non --&response constitutes opting out of a public water supply solution. While the
legislation contemplates households opting out of a permanent water solution, it does not
indicate how to address households that do not respond with a selection or take other
appropriate actions to effectuate the installation of a permanent water supply solution.
The specific language in the legiislations as follows:
Nothing iinths section shall be construed to (i) require an eligible household to connect
to a public water supply or receive afiiilration system or (ili obviate the need for other
federal, State and local permits and approvals.
The Department believes it i0 commumcate
s appropriate to to each non -responsive
household that the household's non -response equates to opting out of a permanent water
supply solution and give the household until a date certain to respond if they are not in
fact opting out. If a household does not take action by this date,, then it is appropriate to
consider the household as opting out of a permanent water supply solution. Duke Energy
will need to provide evidence to the Department y May 31, 2018 that the household has
received the communication as part of the documentation of the complete implementation
of the permanent waters ly solution..
• Households who respond with a permanent water supply solution, or access to
ppropertyor water supply solution installation, or sign up for a public water supply
account after April 1, 2018, but before October 15, 2018.
The Department agrees that household actions between April 1, 2018 and October 15,
2018 require Duke Enercotplogy to ete the installation fthe ho 's choice and
the installation date of October 5,, 2018 applies unless the agency grants an extension of
the installation period. The criteria for an extension of the deadline ue discussed earlier
in this letter and would be based on the authority provided to the Department I*n HB630..
• Homeowners who do not grant easements for new water mains or service
lines.
The Department acknowledges that obtaining easements is required in many
instances to complete the permanent water solution, and in some In instances dates
have passed in which Duke Energy has communicated that without easements the
October 15, 2018 completion date maybe impacted. With regard to schedule
impacts caused by a lack of easements to complete the permanent water solution,
the Department requests that Duke Energy provide additional information to the
Department b arch3l,2018re ardi'lig the schedule and dates included in the
September29, 2017 letter to include current progress made bymunici ali"ti'es.
-w-� Nothing Compares,,-,,.,
State of North Carolina I Environmental Quality
217 West Jones Street 1 1601 Mail Service Center I Raleigh, North Carolina 27699-1601
Al Q 707 RAf?f'1